Illinois General Assembly - Full Text of HB3914
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Full Text of HB3914  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 1. This Act may be referred to as the Positive
5Action Act.
6    Section 5. The Department of Central Management Services
7Law of the Civil Administrative Code of Illinois is amended by
8adding Sections 405-101, 405-123, and 405-124 as follows:
9    (20 ILCS 405/405-101 new)
10    Sec. 405-101. Positive action toward addressing systemic
11racism and barriers to increase workforce diversity in State
13    (a) The Director will strive to do the following:
14        (1) identify statutes which impede access and
15    opportunities for minorities and marginalized individuals
16    to gain employment with the State of Illinois and seek
17    legislation to change those statutes to remove barriers to
18    employment; and
19        (2) identify policies which impede access and
20    opportunities for minorities and marginalized individuals
21    to gain employment with the State of Illinois and make
22    changes to those policies to remove barriers to



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1    employment.
2    (b) For purposes of this Section, "positive action" means
3taking proactive leading action to identify statutes and
4policies which impede access and opportunity for minorities
5and marginalized individuals to gain employment with the State
6of Illinois and to seek legislation and make policy changes.
7    (20 ILCS 405/405-123 new)
8    Sec. 405-123. State agency interview panel diversity.
9    (a) Each State agency shall establish the goal of
10increasing diversity on interview panels in order to increase
11State employment opportunities provided to women, minority
12persons, and persons to which the goals of the following
13programs apply: (i) the African American Employment Plan; (ii)
14the Hispanic Employment Plan; (iii) the Asian American
15Employment Plan; (iv) the Native American Employment Plan; and
16(v) the requirements concerning employment of bilingual
18    (b) Each State agency shall use in the interview process,
19if possible, persons that are representative of the persons
20specified under subsection (a) if the interview being
21conducted meets the following criteria:
22        (1) the hiring State agency implements an interview
23    panel for the position consisting of 3 or more panel
24    members; or
25        (2) the hiring State agency implements a multi-round



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1    interview process consisting of 2 or more rounds for the
2    position.
3    (c) Each State agency shall submit an annual report to the
4Department of Central Management Services concerning its
5actions under this Section, and the Department shall report
6annually on these actions through the employment plans
7specified under subsection (a). The report shall include the
9        (1) the number of applicants that were interviewed
10    that are representative of the persons and employment
11    plans specified under subsection (a);
12        (2) the number of interviews in which the hiring
13    personnel and the applicant were both representative of
14    the persons or employment plans specified under subsection
15    (a); and
16        (3) the number of applicants that met the criteria of
17    the persons and employment plans specified under
18    subsection (a) that were hired by a State agency.
19    (d) The requirements of this Section shall not apply to
20State employment for job titles that are classified as
21Rutan-exempt, or for which political considerations may be
22taken into account when hiring personnel.
23    (20 ILCS 405/405-124 new)
24    Sec. 405-124. Employees with child support payments. The
25Department shall increase State employment career counseling



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1opportunities for individuals who are in arrears on their
2child support payments. The Department shall dedicate staff to
3consult with individuals and organizations informed on the
4subject of non-payment of child support to develop plans for
5the most effective career counseling opportunities for these
7    Section 10. The Personnel Code is amended by changing
8Section 8b.4 as follows:
9    (20 ILCS 415/8b.4)  (from Ch. 127, par. 63b108b.4)
10    Sec. 8b.4. For the rejection of candidates or eligibles
11who fail to comply with reasonable previously specified job
12requirements of the Director in regard to such factors as age,
13physical and psychological condition, training and experience;
14who have been guilty of infamous or disgraceful conduct; who
15are addicted to alcohol to excess or to controlled substances
16or uses cannabis; or who have attempted any deception or fraud
17in connection with an examination. Those candidates who are
18alleged to have attempted deception or fraud in connection
19with an examination shall be afforded the opportunity to
20appeal and provide information to support their appeal which
21shall be considered when determining their eligibility as a
22candidate for employment.
23(Source: P.A. 77-773.)
24    Section 99. Effective date. This Act takes effect January



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11, 2022.