Illinois General Assembly - Full Text of SB2228
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Full Text of SB2228  103rd General Assembly




SB2228 EnrolledLRB103 28873 DTM 55259 b

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 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
17shall conduct an annual presentation regarding the programs
18created under this Section, and each State agency shall
19designate one or more persons with hiring responsibilities to
20attend the presentation. The Department and the Department of
21Human Services must submit a report, annually, to the Governor
22and the General Assembly concerning their actions under this



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1(Source: P.A. 101-540, eff. 8-23-19.)
2    Section 10. The Personnel Code is amended by changing
3Sections 4b, 4c, 4d, 8b, 8b.1, 8b.2, 8b.3, 8b.4, 8b.5, 8b.6,
48b.7, 8b.8, 8b.9, 8b.10, 8b.14, 8b.17, 8b.18, 8b.19, 9, 10,
512f, 13, 14, 17a, and 17b as follows:
6    (20 ILCS 415/4b)  (from Ch. 127, par. 63b104b)
7    Sec. 4b. Extension of jurisdiction. Any or all of the
8three forms of jurisdiction of the Department may be extended
9to the positions not initially covered by this Act under a
10department, board, commission, institution, or other
11independent agency in the executive, legislative, or judicial
12branch of State government, or to a major administrative
13division, service, or office thereof by the following process:
14    (1) The officer or officers legally charged with control
15over the appointments to positions in a department, board,
16commission, institution, or other independent agency in the
17executive, legislative, or judicial branch of State
18government, or to a major administrative division, service, or
19office thereof, may request in writing to the Governor the
20extension of any or all of the three forms of jurisdiction of
21the Department to such named group of positions.
22    (2) The Governor, if he concurs with the request, may
23forward the request to the Director of Central Management



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1    (3) The Director shall survey the practicability of the
2requested extension of the jurisdiction or jurisdictions of
3the Department, approve or disapprove same, and notify the
4Civil Service Commission of his decision. If he should approve
5the request he shall provide notice of submit rules to
6accomplish such extension to the Civil Service Commission.
7    (4) Such an extension of jurisdiction of the Department of
8Central Management Services may be terminated by the same
9process of amendment to the rules at any time after four years
10from its original effective date.
11    (5) Employees in positions to which jurisdiction B is
12extended pursuant to this section shall be continued in their
13respective positions provided that they are deemed qualified
14pass a qualifying examination prescribed by the Director
15within 6 months after such jurisdiction is extended to such
16positions, and provided they satisfactorily complete their
17respective probationary periods. Such qualifying examinations
18shall be of the same kind as those required for entrance
19examinations for comparable positions. Appointments of such
20employees shall be without regard to eligible lists and
21without regard to the provisions of this Code requiring the
22appointment of the person standing among the three highest on
23the appropriate eligible list to fill a vacancy or from the
24highest category ranking group if the list is by rankings
25instead of numerical ratings. Nothing herein shall preclude
26the reclassification or reallocation as provided by this Act



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1of any position held by any such incumbent. The Department
2shall maintain records of all extensions of jurisdiction
3pursuant to this Section.
4(Source: P.A. 82-789.)
5    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
6    Sec. 4c. General exemptions. The following positions in
7State service shall be exempt from jurisdictions A, B, and C,
8unless the jurisdictions shall be extended as provided in this
10        (1) All officers elected by the people.
11        (2) All positions under the Lieutenant Governor,
12    Secretary of State, State Treasurer, State Comptroller,
13    State Board of Education, Clerk of the Supreme Court,
14    Attorney General, and State Board of Elections.
15        (3) Judges, and officers and employees of the courts,
16    and notaries public.
17        (4) All officers and employees of the Illinois General
18    Assembly, all employees of legislative commissions, all
19    officers and employees of the Illinois Legislative
20    Reference Bureau and the Legislative Printing Unit.
21        (5) All positions in the Illinois National Guard and
22    Illinois State Guard, paid from federal funds or positions
23    in the State Military Service filled by enlistment and
24    paid from State funds.
25        (6) All employees of the Governor at the executive



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1    mansion and on his immediate personal staff.
2        (7) Directors of Departments, the Adjutant General,
3    the Assistant Adjutant General, the Director of the
4    Illinois Emergency Management Agency, members of boards
5    and commissions, and all other positions appointed by the
6    Governor by and with the consent of the Senate.
7        (8) The presidents, other principal administrative
8    officers, and teaching, research and extension faculties
9    of Chicago State University, Eastern Illinois University,
10    Governors State University, Illinois State University,
11    Northeastern Illinois University, Northern Illinois
12    University, Western Illinois University, the Illinois
13    Community College Board, Southern Illinois University,
14    Illinois Board of Higher Education, University of
15    Illinois, State Universities Civil Service System,
16    University Retirement System of Illinois, and the
17    administrative officers and scientific and technical staff
18    of the Illinois State Museum.
19        (9) All other employees except the presidents, other
20    principal administrative officers, and teaching, research
21    and extension faculties of the universities under the
22    jurisdiction of the Board of Regents and the colleges and
23    universities under the jurisdiction of the Board of
24    Governors of State Colleges and Universities, Illinois
25    Community College Board, Southern Illinois University,
26    Illinois Board of Higher Education, Board of Governors of



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1    State Colleges and Universities, the Board of Regents,
2    University of Illinois, State Universities Civil Service
3    System, University Retirement System of Illinois, so long
4    as these are subject to the provisions of the State
5    Universities Civil Service Act.
6        (10) The Illinois State Police so long as they are
7    subject to the merit provisions of the Illinois State
8    Police Act. Employees of the Illinois State Police Merit
9    Board are subject to the provisions of this Code.
10        (11) (Blank).
11        (12) The technical and engineering staffs of the
12    Department of Transportation, the Division Department of
13    Nuclear Safety at the Illinois Emergency Management
14    Agency, the Pollution Control Board, and the Illinois
15    Commerce Commission, and the technical and engineering
16    staff providing architectural and engineering services in
17    the Department of Central Management Services.
18        (13) All employees of the Illinois State Toll Highway
19    Authority.
20        (14) The Secretary of the Illinois Workers'
21    Compensation Commission.
22        (15) All persons who are appointed or employed by the
23    Director of Insurance under authority of Section 202 of
24    the Illinois Insurance Code to assist the Director of
25    Insurance in discharging his responsibilities relating to
26    the rehabilitation, liquidation, conservation, and



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



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1        (24) The commissioners and employees of the Executive
2    Ethics Commission.
3        (25) The Executive Inspectors General, including
4    special Executive Inspectors General, and employees of
5    each Office of an Executive Inspector General.
6        (26) The commissioners and employees of the
7    Legislative Ethics Commission.
8        (27) The Legislative Inspector General, including
9    special Legislative Inspectors General, and employees of
10    the Office of the Legislative Inspector General.
11        (28) The Auditor General's Inspector General and
12    employees of the Office of the Auditor General's Inspector
13    General.
14        (29) All employees of the Illinois Power Agency.
15        (30) Employees having demonstrable, defined advanced
16    skills in accounting, financial reporting, or technical
17    expertise who are employed within executive branch
18    agencies and whose duties are directly related to the
19    submission to the Office of the Comptroller of financial
20    information for the publication of the annual
21    comprehensive financial report.
22        (31) All employees of the Illinois Sentencing Policy
23    Advisory Council.
24(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
25102-538, eff. 8-20-21; 102-783, eff. 5-13-22; 102-813, eff.



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1    (20 ILCS 415/4d)  (from Ch. 127, par. 63b104d)
2    Sec. 4d. Partial exemptions. The following positions in
3State service are exempt from jurisdictions A, B, and C to the
4extent stated for each, unless those jurisdictions are
5extended as provided in this Act:
6        (1) In each department, board or commission that now
7    maintains or may hereafter maintain a major administrative
8    division, service or office in both Sangamon County and
9    Cook County, 2 private secretaries for the director or
10    chairman thereof, one located in the Cook County office
11    and the other located in the Sangamon County office, shall
12    be exempt from jurisdiction B; in all other departments,
13    boards and commissions one private secretary for the
14    director or chairman thereof shall be exempt from
15    jurisdiction B. In all departments, boards and commissions
16    one confidential assistant for the director or chairman
17    thereof shall be exempt from jurisdiction B. This
18    paragraph is subject to such modifications or waiver of
19    the exemptions as may be necessary to assure the
20    continuity of federal contributions in those agencies
21    supported in whole or in part by federal funds.
22        (2) The resident administrative head of each State
23    charitable, penal and correctional institution, the
24    chaplains thereof, and all member, patient and inmate
25    employees are exempt from jurisdiction B.



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1        (3) The Civil Service Commission, upon written
2    recommendation of the Director of Central Management
3    Services, shall exempt from jurisdiction B other positions
4    which, in the judgment of the Commission, involve either
5    principal administrative responsibility for the
6    determination of policy or principal administrative
7    responsibility for the way in which policies are carried
8    out, except positions in agencies which receive federal
9    funds if such exemption is inconsistent with federal
10    requirements, and except positions in agencies supported
11    in whole by federal funds.
12        (4) All individuals in positions paid in accordance
13    with prevailing wage laws, as well as beauticians and
14    teachers of beauty culture and teachers of barbering, and
15    all positions heretofore paid under Section 1.22 of "An
16    Act to standardize position titles and salary rates",
17    approved June 30, 1943, as amended, shall be exempt from
18    jurisdiction B.
19        (5) Licensed attorneys in positions as legal or
20    technical advisors; positions in the Department of Natural
21    Resources requiring incumbents to be either a registered
22    professional engineer or to hold a bachelor's degree in
23    engineering from a recognized college or university;
24    licensed physicians in positions of medical administrator
25    or physician or physician specialist (including
26    psychiatrists); all positions within the Department of



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1    Juvenile Justice requiring licensure by the State Board of
2    Education under Article 21B of the School Code; all
3    positions within the Illinois School for the Deaf and the
4    Illinois School for the Visually Impaired requiring
5    licensure by the State Board of Education under Article
6    21B of the School Code and all rehabilitation/mobility
7    instructors and rehabilitation/mobility instructor
8    trainees at the Illinois School for the Visually Impaired;
9    and registered nurses (except those registered nurses
10    employed by the Department of Public Health); except those
11    in positions in agencies which receive federal funds if
12    such exemption is inconsistent with federal requirements
13    and except those in positions in agencies supported in
14    whole by federal funds, are exempt from jurisdiction B
15    only to the extent that the requirements of Section 8b.1,
16    8b.3 and 8b.5 of this Code need not be met.
17        (6) All positions established outside the geographical
18    limits of the State of Illinois to which appointments of
19    other than Illinois citizens may be made are exempt from
20    jurisdiction B.
21        (7) Staff attorneys reporting directly to individual
22    Commissioners of the Illinois Workers' Compensation
23    Commission are exempt from jurisdiction B.
24        (8) (Blank). Twenty-one senior public service
25    administrator positions within the Department of
26    Healthcare and Family Services, as set forth in this



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1    paragraph (8), requiring the specific knowledge of
2    healthcare administration, healthcare finance, healthcare
3    data analytics, or information technology described are
4    exempt from jurisdiction B only to the extent that the
5    requirements of Sections 8b.1, 8b.3, and 8b.5 of this Code
6    need not be met. The General Assembly finds that these
7    positions are all senior policy makers and have
8    spokesperson authority for the Director of the Department
9    of Healthcare and Family Services. When filling positions
10    so designated, the Director of Healthcare and Family
11    Services shall cause a position description to be
12    published which allots points to various qualifications
13    desired. After scoring qualified applications, the
14    Director shall add Veteran's Preference points as
15    enumerated in Section 8b.7 of this Code. The following are
16    the minimum qualifications for the senior public service
17    administrator positions provided for in this paragraph
18    (8):
20                Medical Director: Licensed Medical Doctor in
21            good standing; experience in healthcare payment
22            systems, pay for performance initiatives, medical
23            necessity criteria or federal or State quality
24            improvement programs; preferred experience serving
25            Medicaid patients or experience in population
26            health programs with a large provider, health



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1            insurer, government agency, or research
2            institution.
3                Chief, Bureau of Quality Management: Advanced
4            degree in health policy or health professional
5            field preferred; at least 3 years experience in
6            implementing or managing healthcare quality
7            improvement initiatives in a clinical setting.
8                Quality Management Bureau: Manager, Care
9            Coordination/Managed Care Quality: Clinical degree
10            or advanced degree in relevant field required;
11            experience in the field of managed care quality
12            improvement, with knowledge of HEDIS measurements,
13            coding, and related data definitions.
14                Quality Management Bureau: Manager, Primary
15            Care Provider Quality and Practice Development:
16            Clinical degree or advanced degree in relevant
17            field required; experience in practice
18            administration in the primary care setting with a
19            provider or a provider association or an
20            accrediting body; knowledge of practice standards
21            for medical homes and best evidence based
22            standards of care for primary care.
23                Director of Care Coordination Contracts and
24            Compliance: Bachelor's degree required; multi-year
25            experience in negotiating managed care contracts,
26            preferably on behalf of a payer; experience with



SB2228 Enrolled- 14 -LRB103 28873 DTM 55259 b

1            health care contract compliance.
2                Manager, Long Term Care Policy: Bachelor's
3            degree required; social work, gerontology, or
4            social service degree preferred; knowledge of
5            Olmstead and other relevant court decisions
6            required; experience working with diverse long
7            term care populations and service systems, federal
8            initiatives to create long term care community
9            options, and home and community-based waiver
10            services required. The General Assembly finds that
11            this position is necessary for the timely and
12            effective implementation of this amendatory Act of
13            the 97th General Assembly.
14                Manager, Behavioral Health Programs: Clinical
15            license or advanced degree required, preferably in
16            psychology, social work, or relevant field;
17            knowledge of medical necessity criteria and
18            governmental policies and regulations governing
19            the provision of mental health services to
20            Medicaid populations, including children and
21            adults, in community and institutional settings of
22            care. The General Assembly finds that this
23            position is necessary for the timely and effective
24            implementation of this amendatory Act of the 97th
25            General Assembly.
26                Manager, Office of Accountable Care Entity



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1            Development: Bachelor's degree required, clinical
2            degree or advanced degree in relevant field
3            preferred; experience in developing integrated
4            delivery systems, including knowledge of health
5            homes and evidence-based standards of care
6            delivery; multi-year experience in health care or
7            public health management; knowledge of federal ACO
8            or other similar delivery system requirements and
9            strategies for improving health care delivery.
10                Manager of Federal Regulatory Compliance:
11            Bachelor's degree required, advanced degree
12            preferred, in healthcare management or relevant
13            field; experience in healthcare administration or
14            Medicaid State Plan amendments preferred;
15            experience interpreting federal rules; experience
16            with either federal health care agency or with a
17            State agency in working with federal regulations.
18                Manager, Office of Medical Project Management:
19            Bachelor's degree required, project management
20            certification preferred; multi-year experience in
21            project management and developing business analyst
22            skills; leadership skills to manage multiple and
23            complex projects.
24                Manager of Medicare/Medicaid Coordination:
25            Bachelor's degree required, knowledge and
26            experience with Medicare Advantage rules and



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1            regulations, knowledge of Medicaid laws and
2            policies; experience with contract drafting
3            preferred.
4                Chief, Bureau of Eligibility Integrity:
5            Bachelor's degree required, advanced degree in
6            public administration or business administration
7            preferred; experience equivalent to 4 years of
8            administration in a public or business
9            organization required; experience with managing
10            contract compliance required; knowledge of
11            Medicaid eligibility laws and policy preferred;
12            supervisory experience preferred. The General
13            Assembly finds that this position is necessary for
14            the timely and effective implementation of this
15            amendatory Act of the 97th General Assembly.
16            (B) HEALTHCARE FINANCE.
17                Director of Care Coordination Rate and
18            Finance: MBA, CPA, or Actuarial degree required;
19            experience in managed care rate setting,
20            including, but not limited to, baseline costs and
21            growth trends; knowledge and experience with
22            Medical Loss Ratio standards and measurements.
23                Director of Encounter Data Program: Bachelor's
24            degree required, advanced degree preferred,
25            preferably in health care, business, or
26            information systems; at least 2 years healthcare



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



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



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1            experience equivalent to 4 years of administration
2            in a public or business organization; working
3            knowledge with design and implementation of
4            technical solutions to medical claims payment
5            systems; extensive technical writing experience,
6            including, but not limited to, the development of
7            RFPs, APDs, feasibility studies, and related
8            documents; thorough knowledge of IT system design,
9            commercial off the shelf software packages and
10            hardware components.
11                Assistant Bureau Chief, Office of Information
12            Systems: Bachelor's degree required, with
13            preferred coursework in business, public
14            administration, information systems; experience
15            equivalent to 5 years of administration in a
16            public or private business organization; extensive
17            technical writing experience, including, but not
18            limited to, the development of RFPs, APDs,
19            feasibility studies and related documents;
20            extensive healthcare technology experience with a
21            large provider, health insurer, government agency,
22            or research institution; experience as a business
23            analyst interfacing between business and
24            information technology departments; thorough
25            knowledge of IT system design, commercial off the
26            shelf software packages and hardware components.



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1                Technical System Architect: Bachelor's degree
2            required, with preferred coursework in computer
3            science or information technology; prior
4            experience equivalent to 5 years of computer
5            science or IT administration in a public or
6            business organization; extensive healthcare
7            technology experience with a large provider,
8            health insurer, government agency, or research
9            institution; experience as a business analyst
10            interfacing between business and information
11            technology departments.
12    The provisions of this paragraph (8), other than this
13    sentence, are inoperative after January 1, 2014.
14(Source: P.A. 99-45, eff. 7-15-15; 100-258, eff. 8-22-17;
15100-771, eff. 8-10-18.)
16    (20 ILCS 415/8b)  (from Ch. 127, par. 63b108b)
17    Sec. 8b. Jurisdiction B - Merit and fitness.
18    (a) For positions in the State service subject to the
19jurisdiction of the Department of Central Management Services
20with respect to selection and tenure on the basis of merit and
21fitness, those matters specified in this Section and Sections
228b.1 through 8b.17.
23    (b) Application, testing and hiring procedures for all
24State employment vacancies for positions not exempt under
25Section 4c shall be reduced to writing and made available to



SB2228 Enrolled- 21 -LRB103 28873 DTM 55259 b

1the public via the Department's website or equivalent. All
2vacant positions subject to Jurisdiction B shall be posted.
3Vacant positions shall be posted on the Department's website
4in such a way that potential job candidates can easily
5identify and apply for job openings and identify the county in
6which the vacancy is located. Vacant positions shall be
7updated at least weekly. The written procedures shall be
8provided to each State agency and university for posting and
9public inspection at each agency's office and each
10university's placement office. The Director shall also
11annually prepare and distribute a listing of entry level
12non-professional and professional positions that are most
13utilized by State agencies under the jurisdiction of the
14Governor. The position listings shall identify the entry level
15positions, localities of usage, description of position duties
16and responsibilities, salary ranges, eligibility requirements
17and test scheduling instructions. The position listings shall
18further identify special linguistic skills that may be
19required for any of the positions.
20    (c) If a position experiences a vacancy rate that is
21greater than or equal to 10%, that position shall be posted
22until the vacancy rate is less than 10%.
23(Source: P.A. 86-1004.)
24    (20 ILCS 415/8b.1)  (from Ch. 127, par. 63b108b.1)
25    Sec. 8b.1. For assessment open competitive examinations to



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1determine test the relative fitness of other means applicants,
2including employees who do not have contractual rights under a
3collective bargaining agreement, for the respective position
4positions. Assessments, which are the determination of whether
5an individual meets the minimum qualifications as determined
6by the class specification of the position for which they are
7being considered, shall be designed to objectively eliminate
8those who are not qualified for the position into which they
9are applying, whether for entrance into State service or for
10promotion within the service, and Tests shall be designed to
11eliminate those who are not qualified for entrance into or
12promotion within the service, and to discover the relative
13fitness of those who are qualified. The Director may use any
14one of or any combination of the following examination methods
15or the equivalent, which in his judgment best serves this end:
16investigation of education; investigation of experience; test
17of cultural knowledge; test of capacity; test of knowledge;
18test of manual skill; test of linguistic ability; test of
19character; test of physical fitness; test of psychological
20fitness. No person with a record of misdemeanor convictions
21except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
2211-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
2314-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
2431-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
25(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
26(6), and (8) of subsection (a) of Section 24-1 of the Criminal



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1Code of 1961 or the Criminal Code of 2012, or arrested for any
2cause but not convicted thereon shall be disqualified from
3taking such examinations or subsequent appointment, unless the
4person is attempting to qualify for a position which would
5give him the powers of a peace officer, in which case the
6person's conviction or arrest record may be considered as a
7factor in determining the person's fitness for the position.
8The eligibility conditions specified for the position of
9Assistant Director of Healthcare and Family Services in the
10Department of Healthcare and Family Services in Section 5-230
11of the Departments of State Government Law of the Civil
12Administrative Code of Illinois shall be applied to that
13position in addition to other standards, tests or criteria
14established by the Director. All examinations shall be
15announced publicly at least 2 weeks in advance of the date of
16the examinations and may be advertised through the press,
17radio and other media. The Director may, however, in his
18discretion, continue to receive applications and examine
19candidates long enough to assure a sufficient number of
20eligibles to meet the needs of the service and may add the
21names of successful candidates to existing eligible lists in
22accordance with their respective ratings.
23    The Director may, in his discretion, accept the results of
24competitive examinations conducted by any merit system
25established by federal law or by the law of any state, and may
26compile eligible lists therefrom or may add the names of



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1successful candidates in examinations conducted by those merit
2systems to existing eligible lists in accordance with their
3respective ratings. No person who is a non-resident of the
4State of Illinois may be appointed from those eligible lists,
5however, unless the requirement that applicants be residents
6of the State of Illinois is waived by the Director of Central
7Management Services and unless there are less than 3 Illinois
8residents available for appointment from the appropriate
9eligible list. The results of the examinations conducted by
10other merit systems may not be used unless they are comparable
11in difficulty and comprehensiveness to examinations conducted
12by the Department of Central Management Services for similar
13positions. Special linguistic options may also be established
14where deemed appropriate.
15    When an agency requests an open competitive eligible list
16from the Department, the Director shall also provide to the
17agency a Successful Disability Opportunities Program eligible
18candidate list.
19(Source: P.A. 101-192, eff. 1-1-20; 102-813, eff. 5-13-22.)
20    (20 ILCS 415/8b.2)  (from Ch. 127, par. 63b108b.2)
21    Sec. 8b.2. For promotions which shall give appropriate
22consideration to the applicant's qualifications, linguistic
23capabilities, cultural knowledge, record of performance,
24seniority and conduct. For positions subject to a collective
25bargaining agreement, an An advancement in rank or grade to a



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1vacant position constitutes a promotion. For all other
2positions, the Director may establish rules containing
3additional factors, such as an increase in responsibility or
4an increase in the number of subordinates, for determining
5whether internal movement constitutes a promotion.
6(Source: P.A. 86-1004.)
7    (20 ILCS 415/8b.3)  (from Ch. 127, par. 63b108b.3)
8    Sec. 8b.3. For assessment of employees with contractual
9rights under a collective bargaining agreement to determine
10those candidates who are eligible the establishment of
11eligible lists for appointment and promotion and , upon which
12lists shall be placed the names of successful candidates in
13order of their relative excellence in respective examinations.
14Assessments, which are the determination of whether an
15individual meets the minimum qualifications as determined by
16the class specification of the position for which they are
17being considered, shall be designed to objectively eliminate
18those who are not qualified for the position into which they
19are applying and to discover the relative fitness of those who
20are qualified. The Director may substitute rankings such as
21superior, excellent, well-qualified and qualified for
22numerical ratings and establish qualification assessments or
23assessment equivalents eligible lists accordingly. The
24Department may adopt rules regarding the assessment of
25applicants and the appointment of qualified candidates.



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1Adopted rules shall be interpreted to be consistent with
2collective bargaining agreements. Such rules may provide for
3lists by area or location, by department or other agency, for
4removal of those not available for or refusing employment, for
5minimum and maximum duration of such lists, and for such other
6provisions as may be necessary to provide rapid and
7satisfactory service to the operating agencies. The Director
8may approve the written request of an agency or applicant to
9extend the eligibility of a qualified eligible candidate when
10the extension is necessary to assist in achieving affirmative
11action goals in employment. The extended period of eligibility
12shall not exceed the duration of the original period of
13eligibility and shall not be renewed. The rules may authorize
14removal of eligibles from lists if those eligibles fail to
15furnish evidence of availability upon forms sent to them by
16the Director.
17(Source: P.A. 87-545.)
18    (20 ILCS 415/8b.4)  (from Ch. 127, par. 63b108b.4)
19    Sec. 8b.4. For the rejection of candidates or eligibles
20who fail to comply with reasonable previously specified job
21requirements of the Director in regard to training and
22experience; who have been guilty of infamous or disgraceful
23conduct; or who have attempted any deception or fraud in
24connection with the hiring process an examination. The
25Department may adopt rules and implement procedures regarding



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1candidate rejection. Those candidates who are alleged to have
2attempted deception or fraud in connection with an examination
3shall be afforded the opportunity to appeal and provide
4information to support their appeal which shall be considered
5when determining their eligibility as a candidate for
7(Source: P.A. 102-617, eff. 1-1-22.)
8    (20 ILCS 415/8b.5)  (from Ch. 127, par. 63b108b.5)
9    Sec. 8b.5. For the appointment of eligible candidates in
10rank order the person standing among the 3 highest on the
11appropriate eligible list to fill a vacancy, or from the
12highest ranking group if the list is by rankings instead of
13numerical ratings, except as otherwise provided in Sections 4b
14and 17a of this Act.
15    The Director may approve the appointment of a lower
16ranking candidate when higher ranking candidates have been
17exhausted or duly bypassed person from the next lower ranking
18group when the highest ranking group contains less than 3
20(Source: P.A. 86-12.)
21    (20 ILCS 415/8b.6)  (from Ch. 127, par. 63b108b.6)
22    Sec. 8b.6. For a period of probation not to exceed one year
23before appointment or promotion is complete, and during which
24period a probationer may with the consent of the Director of



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1Central Management Services, be separated, discharged, or
2reduced in class or rank, or replaced on the eligible list. For
3a person appointed to a term appointment under Section 8b.18
4or 8b.19, the period of probation shall not be less than 6
6(Source: P.A. 93-615, eff. 11-19-03.)
7    (20 ILCS 415/8b.7)  (from Ch. 127, par. 63b108b.7)
8    Sec. 8b.7. Veteran preference. For the granting of
9appropriate preference in entrance examinations to qualified
10veterans, persons who have been members of the armed forces of
11the United States or to qualified persons who, while citizens
12of the United States, were members of the armed forces of
13allies of the United States in time of hostilities with a
14foreign country, and to certain other persons as set forth in
15this Section.
16    (a) As used in this Section:
17        (1) "Time of hostilities with a foreign country" means
18    any period of time in the past, present, or future during
19    which a declaration of war by the United States Congress
20    has been or is in effect or during which an emergency
21    condition has been or is in effect that is recognized by
22    the issuance of a Presidential proclamation or a
23    Presidential executive order and in which the armed forces
24    expeditionary medal or other campaign service medals are
25    awarded according to Presidential executive order.



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1        (2) "Armed forces of the United States" means the
2    United States Army, Navy, Air Force, Marine Corps, and
3    Coast Guard. Service in the Merchant Marine that
4    constitutes active duty under Section 401 of federal
5    Public Law 95-202 shall also be considered service in the
6    Armed Forces of the United States for purposes of this
7    Section.
8        (3) "Veteran" means a member of the armed forces of
9    the United States, the Illinois National Guard, or a
10    reserve component of the armed forces of the United
11    States.
12    (b) The preference granted under this Section shall be in
13the form of points, or the equivalent, added to the applicable
14scores final grades of the persons if they otherwise qualify
15and are entitled to be considered for appointment appear on
16the list of those eligible for appointments.
17    (c) A veteran is qualified for a preference of 10 points if
18the veteran currently holds proof of a service connected
19disability from the United States Department of Veterans
20Affairs or an allied country or if the veteran is a recipient
21of the Purple Heart.
22    (d) A veteran who has served during a time of hostilities
23with a foreign country is qualified for a preference of 5
24points if the veteran served under one or more of the following
26        (1) The veteran served a total of at least 6 months, or



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1        (2) The veteran served for the duration of hostilities
2    regardless of the length of engagement, or
3        (3) The veteran was discharged on the basis of
4    hardship, or
5        (4) The veteran was released from active duty because
6    of a service connected disability and was discharged under
7    honorable conditions.
8    (e) A person not eligible for a preference under
9subsection (c) or (d) is qualified for a preference of 3 points
10if the person has served in the armed forces of the United
11States, the Illinois National Guard, or any reserve component
12of the armed forces of the United States if the person: (1)
13served for at least 6 months and has been discharged under
14honorable conditions; (2) has been discharged on the ground of
15hardship; (3) was released from active duty because of a
16service connected disability; or (4) served a minimum of 4
17years in the Illinois National Guard or reserve component of
18the armed forces of the United States regardless of whether or
19not the person was mobilized to active duty. An active member
20of the National Guard or a reserve component of the armed
21forces of the United States is eligible for the preference if
22the member meets the service requirements of this subsection
24    (f) The augmented ratings shall be used when determining
25the rank order of persons to be appointed entitled to a
26preference on eligible lists shall be determined on the basis



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1of their augmented ratings. When the Director establishes
2eligible lists on the basis of category ratings such as
3"superior", "excellent", "well-qualified", and "qualified",
4the veteran eligibles in each such category shall be preferred
5for appointment before the non-veteran eligibles in the same
7    (g) Employees in positions covered by jurisdiction B who,
8while in good standing, leave to engage in military service
9during a period of hostility, shall be given credit for
10seniority purposes for time served in the armed forces.
11    (h) A surviving unremarried spouse of a veteran who
12suffered a service connected death or the spouse of a veteran
13who suffered a service connected disability that prevents the
14veteran from qualifying for civil service employment shall be
15entitled to the same preference to which the veteran would
16have been entitled under this Section.
17    (i) A preference shall also be given to the following
18individuals: 10 points for one parent of an unmarried veteran
19who suffered a service connected death or a service connected
20disability that prevents the veteran from qualifying for civil
21service employment. The first parent to receive a civil
22service appointment shall be the parent entitled to the
24    (j) The Department of Central Management Services shall
25adopt rules and implement procedures to verify that any person
26seeking a preference under this Section is entitled to the



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1preference. A person seeking a preference under this Section
2shall provide documentation or execute any consents or other
3documents required by the Department of Central Management
4Services or any other State department or agency to enable the
5department or agency to verify that the person is entitled to
6the preference.
7    (k) If an applicant claims to be a veteran, the Department
8of Central Management Services must verify that status before
9granting a veteran preference by requiring a certified copy of
10the applicant's most recent DD214 (Certificate of Release or
11Discharge from Active Duty), NGB-22 (Proof of National Guard
12Service), or other evidence of the applicant's most recent
13honorable discharge from the Armed Forces of the United States
14that is determined to be acceptable by the Department of
15Central Management Services.
16(Source: P.A. 100-496, eff. 9-8-17.)
17    (20 ILCS 415/8b.8)  (from Ch. 127, par. 63b108b.8)
18    Sec. 8b.8. For emergency appointments to any positions in
19the State service for a period not to exceed 60 days, to meet
20emergency situations. However, where an emergency situation
21that threatens the health, safety, or welfare of employees or
22residents of the State exists, emergency appointments shall
23not exceed 90 days. Emergency appointments may be made without
24regard to competitive selection eligible lists but may not be
25renewed. Notice of such appointments and terminations shall be



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1reported simultaneously to the Director of Central Management
3(Source: P.A. 82-789.)
4    (20 ILCS 415/8b.9)  (from Ch. 127, par. 63b108b.9)
5    Sec. 8b.9. For temporary appointments to any positions in
6the State service which are determined to be temporary or
7seasonal in nature by the Director of Central Management
8Services. Temporary appointments may be made for not more than
96 months and may be taken from eligible lists to the extent
10determined to be practicable. No position in the State service
11may be filled by temporary appointment for more than 6 months
12out of any 12 month period.
13(Source: P.A. 82-789.)
14    (20 ILCS 415/8b.10)  (from Ch. 127, par. 63b108b.10)
15    Sec. 8b.10. For provisional appointment to a position
16without competitive qualification assessment examination when
17there is no appropriate eligible list available. No position
18within jurisdiction B may be filled by provisional appointment
19for longer than 6 months out of any 12 month period.
20(Source: P.A. 76-628.)
21    (20 ILCS 415/8b.14)  (from Ch. 127, par. 63b108b.14)
22    Sec. 8b.14. For the promotion of staff development and
23utilization by means of records of performance of all



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1employees in the State service. The performance records may be
2considered in determining salary increases, provided in the
3pay plan, and as a factor in promotion tests or promotions. The
4performance records shall be considered as a factor in
5determining salary decreases, the order of layoffs because of
6lack of funds or work, reinstatement, demotions, discharges
7and geographical transfers.
8(Source: Laws 1968, p. 472.)
9    (20 ILCS 415/8b.17)  (from Ch. 127, par. 63b108b.17)
10    Sec. 8b.17. For trainee programs, and for the appointment
11of persons to positions in trainee programs, hereinafter
12called "trainee appointments". Trainee appointments may be
13made with or without examination, with consideration of the
14needs of Illinois residents, but may not be made to positions
15in any class that is not in a trainee program approved by the
16Director of Central Management Services. Trainee programs will
17be developed with consideration of the need for employees with
18linguistic abilities or cultural knowledge. The Director shall
19work with the Department of Human Services and the Department
20of Employment Security in trainee position placements for
21those persons who receive benefits from those Departments.
22Persons who receive trainee appointments do not acquire any
23rights under jurisdiction B of the Personnel Code by virtue of
24their appointments.
25(Source: P.A. 89-507, eff. 7-1-97.)



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1    (20 ILCS 415/8b.18)  (from Ch. 127, par. 63b108b.18)
2    Sec. 8b.18. Probationary separation Term Appointments. For
3the separation of employees who fail to successfully complete
4the probationary period with the prior approval of the
5Director of Central Management Services. Unless otherwise
6required by rule or the employee is a member of a collective
7bargaining unit, the Director of Central Management Services
8may approve a probationary separation when an employee fails
9to satisfactorily complete the probationary period. (a)
10Appointees for all positions not subject to paragraphs (1),
11(2), (3) and (6) of Section 4d in or above merit compensation
12grade 12 or its equivalent shall be appointed for a term of 4
13years. During the term of such appointments, Jurisdictions A,
14B and C shall apply to such positions. When a term expires, the
15Director or Chairman of the Department, Board or Commission in
16which the position is located, shall terminate the incumbent
17or renew the term for another 4 year term. Failure to renew the
18term is not grievable or appealable to the Civil Service
20    For the purpose of implementing the above Section, the
21Director of Central Management Services shall supply each such
22Director or Chairman with a list of employees selected
23randomly by social security numbers in his particular
24Department, Board or Commission who are in salary grades
25subject to this Section on February 1, 1980. Such list shall



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1include 25% of all such employees in the Department, Board or
2Commission. Those employees shall only continue in State
3employment in those positions if an appointment is made
4pursuant to this Section by the Director or Chairman of that
5Department, Board or Commission.
6    The same process shall occur on February 1, 1981, 1982 and
71983 with an additional 25% of the employees subject to this
8Section who are employed on January 1, 1980 being submitted by
9the Director of Central Management Services for appointment
10each year.
11    New appointments to such positions after January 1, 1980
12shall be appointed pursuant 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 finds and reports to the
16Speaker of the House and the President of the Senate, after
17good faith negotiations, that such 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
25    (b) Beginning January 1, 1985 and thereafter, any
26incumbent holding probationary or certified status in a



SB2228 Enrolled- 37 -LRB103 28873 DTM 55259 b

1position in or above merit compensation grade 12 or its
2equivalent and subject to paragraph (1), (2), (3) or (6) of
3Section 4d shall be subject to review and appointment for a
4term of 4 years unless such incumbent has received an
5appointment or renewal under paragraph (a) of this Section.
6During the term of such appointment, Jurisdiction 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
10or renew the term for another 4 year term. Failure to renew the
11term is not grievable or appealable to the Civil Service
13(Source: P.A. 83-1362; 83-1369; 83-1528.)
14    (20 ILCS 415/8b.19)  (from Ch. 127, par. 63b108b.19)
15    Sec. 8b.19. Term appointments. (a) Appointees and renewal
16appointees for all positions not subject to paragraphs (1),
17(2), (3) and (6) of Section 4d in or above merit compensation
18grade 12 or its equivalent shall be appointed for a term of 4
19years beginning on the effective date of the appointment or
20renewal. During the term of such appointments, Jurisdictions
21A, B and C shall apply to such positions. When a term expires,
22the Director or Chairman of the Department, Board or
23Commission in which the position is located shall terminate
24the incumbent or renew the term for another 4 year term.
25Failure to renew the term is not grievable or appealable to the



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



SB2228 Enrolled- 39 -LRB103 28873 DTM 55259 b

1which the position is located shall terminate the incumbent or
2renew the term for another 4 year term. Failure to renew the
3term is not grievable or appealable to the Civil Service
5    (c) The term of any person appointed to or renewed in a
6term position before the effective date of this amendatory Act
7of 1988 shall expire 4 years after the effective date of the
8appointment or renewal. However, appointment to a different
9position, also subject to the 4-year term, shall restart the
104-year term appointment period.
11    (d) All appointments to and renewals in term positions
12made before the effective date of this amendatory Act of 1988
13are ratified and confirmed.
14(Source: P.A. 85-1152.)
15    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
16    Sec. 9. Director, powers and duties. The Director, as
17executive head of the Department, shall direct and supervise
18all its administrative and technical activities. In addition
19to the duties imposed upon him elsewhere in this law, it shall
20be his duty:
21        (1) To apply and carry out this law and the rules
22    adopted thereunder.
23        (2) To attend meetings of the Commission.
24        (3) To establish and maintain a roster of all
25    employees subject to this Act, in which there shall be set



SB2228 Enrolled- 40 -LRB103 28873 DTM 55259 b

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



SB2228 Enrolled- 41 -LRB103 28873 DTM 55259 b

1    bilingual capabilities to serve the significant numbers of
2    non-English speaking or culturally distinct persons. The
3    Department shall develop a uniform procedure for assessing
4    an agency's need for employees with appropriate bilingual
5    capabilities. Agencies shall establish occupational titles
6    or designate positions as "bilingual option" for persons
7    having sufficient linguistic ability or cultural knowledge
8    to be able to render effective service to such persons.
9    The Department shall ensure that any such option is
10    exercised according to the agency's needs assessment and
11    the requirements of this Code. The Department shall make
12    annual reports of the needs assessment of each agency and
13    the number of positions calling for non-English linguistic
14    ability to whom vacancy postings were sent, and the number
15    filled by each agency. Such policies and programs shall be
16    subject to approval by the Governor, provided that for
17    needs that require a certain linguistic ability that: (i)
18    have not been met for a posted position for a period of at
19    least one year; or (ii) arise when an individual's health
20    or safety would be placed in immediate risk, the
21    Department shall accept certifications of linguistic
22    competence from pre-approved third parties. To facilitate
23    expanding the scope of sources to demonstrate linguistic
24    competence, the Department shall issue standards for
25    demonstrating linguistic competence. No later than January
26    2024, the Department shall authorize at least one if not



SB2228 Enrolled- 42 -LRB103 28873 DTM 55259 b

1    more community colleges in the regions involving the
2    counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
3    Will, Sangamon, and 5 other geographically distributed
4    counties within the State to pre-test and certify
5    linguistic ability, and such certifications by candidates
6    shall be presumed to satisfy the linguistic ability
7    requirements for the job position. Such policies, program
8    reports and needs assessment reports, as well as
9    linguistic certification standards, shall be filed with
10    the General Assembly by January 1 of each year and shall be
11    available to the public.
12        The Department shall include within the report
13    required above the number of persons receiving the
14    bilingual pay supplement established by Section 8a.2 of
15    this Code. The report shall provide the number of persons
16    receiving the bilingual pay supplement for languages other
17    than English and for signing. The report shall also
18    indicate the number of persons, by the categories of
19    Hispanic and non-Hispanic, who are receiving the bilingual
20    pay supplement for language skills other than signing, in
21    a language other than English.
22        (7) To conduct negotiations affecting pay, hours of
23    work, or other working conditions of employees subject to
24    this Act.
25        (8) To make continuing studies to improve the
26    efficiency of State services to the residents of Illinois,



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1    including but not limited to those who are non-English
2    speaking or culturally distinct, and to report his
3    findings and recommendations to the Commission and the
4    Governor.
5        (9) To investigate from time to time the operation and
6    effect of this law and the rules made thereunder and to
7    report his findings and recommendations to the Commission
8    and to the Governor.
9        (10) To make an annual report regarding the work of
10    the Department, and such special reports as he may
11    consider desirable, to the Commission and to the Governor,
12    or as the Governor or Commission may request.
13        (11) To make continuing studies to encourage State
14    employment for persons with disabilities, including, but
15    not limited to, the Successful Disability Opportunities
16    Program. (Blank).
17        (12) To make available, on the CMS website or its
18    equivalent, no less frequently than quarterly, information
19    regarding all exempt positions in State service and
20    information showing the number of employees who are exempt
21    from merit selection and non-exempt from merit selection
22    in each department. To prepare and publish a semi-annual
23    statement showing the number of employees exempt and
24    non-exempt from merit selection in each department. This
25    report shall be in addition to other information on merit
26    selection maintained for public information under existing



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1    law.
2        (13) To establish policies to increase the flexibility
3    of the State workforce for every department or agency
4    subject to Jurisdiction C, including the use of flexible
5    time, location, workloads, and positions. The Director and
6    the director of each department or agency shall together
7    establish quantifiable goals to increase workforce
8    flexibility in each department or agency. To authorize in
9    every department or agency subject to Jurisdiction C the
10    use of flexible hours positions. A flexible hours position
11    is one that does not require an ordinary work schedule as
12    determined by the Department and includes but is not
13    limited to: 1) a part time job of 20 hours or more per
14    week, 2) a job which is shared by 2 employees or a
15    compressed work week consisting of an ordinary number of
16    working hours performed on fewer than the number of days
17    ordinarily required to perform that job. The Department
18    may define flexible time to include other types of jobs
19    that are defined above.
20        The Director and the director of each department or
21    agency shall together establish goals for flexible hours
22    positions to be available in every department or agency.
23        The Department shall give technical assistance to
24    departments and agencies in achieving their goals, and
25    shall report to the Governor and the General Assembly each
26    year on the progress of each department and agency.



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1        When a goal of 10% of the positions in a department or
2    agency being available on a flexible hours basis has been
3    reached, the Department shall evaluate the effectiveness
4    and efficiency of the program and determine whether to
5    expand the number of positions available for flexible
6    hours to 20%.
7        When a goal of 20% of the positions in a department or
8    agency being available on a flexible hours basis has been
9    reached, the Department shall evaluate the effectiveness
10    and efficiency of the program and determine whether to
11    expand the number of positions available for flexible
12    hours.
13        Each department shall develop a plan for
14    implementation of flexible work requirements designed to
15    reduce the need for day care of employees' children
16    outside the home. Each department shall submit a report of
17    its plan to the Department of Central Management Services
18    and the General Assembly. This report shall be submitted
19    biennially by March 1, with the first report due March 1,
20    1993.
21        (14) To perform any other lawful acts which he may
22    consider necessary or desirable to carry out the purposes
23    and provisions of this law.
24        (15) When a vacancy rate is greater than or equal to
25    10% for a given position, the Department shall review the
26    educational and other requirements for the position to



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1    determine if modifications need to be made.
2    The requirement for reporting to the General Assembly
3shall be satisfied by filing copies of the report as required
4by Section 3.1 of the General Assembly Organization Act, and
5filing such additional copies with the State Government Report
6Distribution Center for the General Assembly as is required
7under paragraph (t) of Section 7 of the State Library Act.
8(Source: P.A. 102-952, eff. 1-1-23.)
9    (20 ILCS 415/10)  (from Ch. 127, par. 63b110)
10    Sec. 10. Duties and powers of the Commission. The Civil
11Service Commission shall have duties and powers as follows:
12        (1) Upon written recommendations by the Director of
13    the Department of Central Management Services to exempt
14    from jurisdiction B of this Act positions which, in the
15    judgment of the Commission, involve either principal
16    administrative responsibility for the determination of
17    policy or principal administrative responsibility for the
18    way in which policies are carried out. This authority may
19    not be exercised, however, with respect to the position of
20    Assistant Director of Healthcare and Family Services in
21    the Department of Healthcare and Family Services.
22        (2) To require such special reports from the Director
23    as it may consider desirable.
24        (3) To disapprove original rules or any part thereof
25    within 45 90 days and any amendment thereof within 30 days



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1    after the submission of such rules to the Civil Service
2    Commission by the Director, and to disapprove any
3    amendments thereto in the same manner. The Commission's
4    review of original rules or amendments may run
5    concurrently with review conducted by the Joint Committee
6    on Administrative Rules.
7        (4) To approve or disapprove within 60 days from date
8    of submission the position classification plan submitted
9    by the Director as provided in the rules, and any
10    revisions thereof within 30 days from the date of
11    submission.
12        (5) To hear appeals of employees who do not accept the
13    allocation of their positions under the position
14    classification plan.
15        (6) To hear and determine written charges filed
16    seeking the discharge, demotion of employees and
17    suspension totaling more than thirty days in any 12-month
18    period, as provided in Section 11 hereof, and appeals from
19    transfers from one geographical area in the State to
20    another, and in connection therewith to administer oaths,
21    subpoena witnesses, and compel the production of books and
22    papers.
23        (7) The fees of subpoenaed witnesses under this Act
24    for attendance and travel shall be the same as fees of
25    witnesses before the circuit courts of the State, such
26    fees to be paid when the witness is excused from further



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1    attendance. Whenever a subpoena is issued the Commission
2    may require that the cost of service and the fee of the
3    witness shall be borne by the party at whose insistence
4    the witness is summoned. The Commission has the power, at
5    its discretion, to require a deposit from such party to
6    cover the cost of service and witness fees and the payment
7    of the legal witness fee and mileage to the witness served
8    with the subpoena. A subpoena issued under this Act shall
9    be served in the same manner as a subpoena issued out of a
10    court.
11        Upon the failure or refusal to obey a subpoena, a
12    petition shall be prepared by the party serving the
13    subpoena for enforcement in the circuit court of the
14    county in which the person to whom the subpoena was
15    directed either resides or has his or her principal place
16    of business.
17        Not less than five days before the petition is filed
18    in the appropriate court, it shall be served on the person
19    along with a notice of the time and place the petition is
20    to be presented.
21        Following a hearing on the petition, the circuit court
22    shall have jurisdiction to enforce subpoenas issued
23    pursuant to this Section.
24        On motion and for good cause shown the Commission may
25    quash or modify any subpoena.
26        (8) To make an annual report regarding the work of the



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1    Commission to the Governor, such report to be a public
2    report.
3        (9) If any violation of this Act is found, the
4    Commission shall direct compliance in writing.
5        (10) To appoint a full-time executive secretary and
6    such other employees, experts, and special assistants as
7    may be necessary to carry out the powers and duties of the
8    Commission under this Act and employees, experts, and
9    special assistants so appointed by the Commission shall be
10    subject to the provisions of jurisdictions A, B and C of
11    this Act. These powers and duties supersede any contrary
12    provisions herein contained.
13        (11) To make rules to carry out and implement their
14    powers and duties under this Act, with authority to amend
15    such rules from time to time.
16        (12) To hear or conduct investigations as it deems
17    necessary of appeals of layoff filed by employees
18    appointed under Jurisdiction B after examination provided
19    that such appeals are filed within 15 calendar days
20    following the effective date of such layoff and are made
21    on the basis that the provisions of the Personnel Code or
22    of the Rules of the Department of Central Management
23    Services relating to layoff have been violated or have not
24    been complied with.
25        All hearings shall be public. A decision shall be
26    rendered within 60 days after receipt of the transcript of



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1    the proceedings. The Commission shall order the
2    reinstatement of the employee if it is proven that the
3    provisions of the Personnel Code or of the rules of the
4    Department of Central Management Services relating to
5    layoff have been violated or have not been complied with.
6    In connection therewith the Commission may administer
7    oaths, subpoena witnesses, and compel the production of
8    books and papers.
9        (13) Whenever the Civil Service Commission is
10    authorized or required by law to consider some aspect of
11    criminal history record information for the purpose of
12    carrying out its statutory powers and responsibilities,
13    then, upon request and payment of fees in conformance with
14    the requirements of Section 2605-400 of the Illinois State
15    Police Law, the Illinois State Police is authorized to
16    furnish, pursuant to positive identification, such
17    information contained in State files as is necessary to
18    fulfill the request.
19(Source: P.A. 102-538, eff. 8-20-21.)
20    (20 ILCS 415/12f)
21    Sec. 12f. Layoff of employees whose positions are not
22subject to collective bargaining agreements. Merit
23compensation/salary grade employees; layoffs.
24    (a) Each State agency shall make every attempt to minimize
25the number of its employees that are laid off. In an effort to



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1minimize layoffs, each merit compensation/salary grade
2employee who is subject to layoff shall be offered any vacant
3positions for the same title held by that employee within the
4same agency and county from which the employee is subject to
5layoff and within 2 additional alternate counties designated
6by the employee (or 3 additional counties if the employee's
7facility or office is closing), excluding titles that are
8subject to collective bargaining. If no such vacancies exist,
9then the employee shall be eligible for reemployment for a
10period of 3 years, commencing with the date of layoff. The
11Department may adopt rules and implement procedures for
12reemployment placed on the agency's reemployment list for (i)
13the title from which the employee was laid off and (ii) any
14other titles or successor titles previously held by that
15employee in which the employee held certified status within
16the county from which the employee was laid off and within 2
17additional alternate counties designated by the employee (or 3
18additional counties if the employee's facility or office is
19closing), excluding titles that are subject to collective
20bargaining. Laid-off employees shall remain on a reemployment
21list for 3 years, commencing with the date of layoff.
22    (b) Merit compensation/salary grade employees who are laid
23off shall be extended the same medical and dental insurance
24benefits to which employees laid off from positions subject to
25collective bargaining are entitled and on the same terms.
26    (c) Employees laid off from merit compensation/salary



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1grade positions may apply to be qualified for any titles
2subject to collective bargaining.
3    (d) Merit compensation/salary grade employees subject to
4layoff shall be given 30 days' notice of the layoff.
5Information about all A list of all current vacancies of all
6titles within the agency shall be provided to the employee
7with the notice of the layoff.
8(Source: P.A. 93-839, eff. 7-30-04.)
9    (20 ILCS 415/13)  (from Ch. 127, par. 63b113)
10    Sec. 13. Unlawful acts prohibited.
11    (1) No person shall make any false statement, certificate,
12mark, rating, or report with regard to any test,
13certification, or appointment made under any provision of this
14law, or in any manner commit or attempt to commit any fraud
15preventing the impartial execution of this law and the rules.
16    (2) No person shall, directly or indirectly, give, render,
17pay, offer, solicit, or accept any money, service, or other
18valuable consideration for or on account of any appointment,
19proposed appointment, promotion, or proposed promotion to, or
20any advantage in, a position in the State service.
21    (3) No person shall defeat, deceive, or obstruct any
22person in his right to a qualification assessment examination,
23eligibility, certification, or appointment under this law, or
24furnish to any person any special or secret information for
25the purpose of affecting the rights or prospects of any person



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1with respect to employment in the State service.
2    (4) No person may enter into any agreement under which a
3State employee is offered or assured of re-employment in the
4same department or agency after the employee's resignation
5from State employment for the purpose of receiving payment for
6accrued vacation, overtime, sick leave or personal leave, or
7for the purpose of receiving a refund of the employee's
8accumulated pension contributions.
9(Source: P.A. 87-384.)
10    (20 ILCS 415/14)  (from Ch. 127, par. 63b114)
11    Sec. 14. Records of the Department of Central Management
12Services. The records of the Department, including original
13and promotional eligible registers, except such records as the
14rules may properly require to be held confidential for reasons
15of public policy, shall be public records and shall be open to
16public inspection, subject to reasonable regulations as to the
17time and manner of inspection which may be prescribed by the
19(Source: P.A. 85-1152.)
20    (20 ILCS 415/17a)  (from Ch. 127, par. 63b117a)
21    Sec. 17a. Appointment of federal employees to State
22positions. At the discretion of the Director of Central
23Management Services, any certified or probationary employee of
24any Federal office, agency or institution in the State of



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1Illinois which is closed by the Federal Government may be
2appointed to a comparable position in State service, without
3competitive selection examination. Such persons will attain
4certified status provided they pass a qualifying examination
5prescribed by the Director within 6 months after being so
6appointed, and provided they thereafter satisfactorily
7complete their respective probationary periods. Such
8qualifying examinations shall be of the same kind as those
9required for entrance examinations for comparable positions.
10Appointments of such employees shall be without regard to the
11competitive selection process eligible lists and without
12regard to the provisions of this Code requiring the
13appointment of the person standing among the three highest on
14the appropriate eligible list to fill a vacancy or from the
15highest category ranking group if the list is by rankings
16instead of numerical ratings. Nothing herein shall preclude
17the reclassification or reallocation as provided by this Act
18of any position held by any person appointed pursuant to this
20(Source: P.A. 82-789.)
21    (20 ILCS 415/17b)
22    Sec. 17b. Trainee program for persons with a disability.
23    (a) Notwithstanding any other provision of law, on and
24after July 1, 2020, each State agency with 1,500 employees or
25more shall, and each executive branch constitutional officer



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1may, offer at least one position per year to be filled by a
2person with a disability, as defined by the federal Americans
3with Disabilities Act, through an established trainee program.
4Agencies with fewer than 1,500 employees may also elect to
5participate in the program. The trainee position shall last
6for a period of at least 6 months and shall require the trainee
7to participate in the trainee program for at least 20 hours per
8week. The program shall be administered by the Department of
9Central Management Services. The Department of Central
10Management Services shall conduct an initial assessment of
11potential candidates, and the hiring agency or officer shall
12conduct a final assessment interview. Upon successful
13completion of the trainee program, the respective agency or
14officer shall certify issue a certificate of completion of the
15trainee program, with final approval provided by which shall
16be sent to the Department of Central Management Services for
17final approval. Individuals who successfully complete a
18trainee appointment under this Section are eligible for
19promotion to the target title without further examination. The
20Department of Central Management Services, in cooperation with
21the Employment and Economic Opportunity for Persons with
22Disabilities Task Force, may shall adopt rules to implement
23and administer the trainee program for persons with
24disabilities, including, but not limited to, establishing
25non-political selection criteria, implementing an assessment
26and interview process, if necessary, that accommodates persons



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1with a disability, and linking trainee programs to targeted
2full-time position titles.
3    (b) The Employment and Economic Opportunity for Persons
4with Disabilities Task Force shall prepare an annual report to
5be submitted to the Governor and the General Assembly that
6includes: (1) best practices for helping persons with a
7disability gain employment; (2) proposed rules for adoption by
8the Department of Central Management Services for the
9administration and implementation of the trainee program under
10this Section; (3) the number of agencies that participated in
11the trainee program under this Section in the previous
12calendar year; and (4) the number of individuals who
13participated in the trainee program who became full-time
14employees of the State at the conclusion of the trainee
16(Source: P.A. 101-533, eff. 8-23-19.)
17    (20 ILCS 415/8b.5-1 rep.)
18    (20 ILCS 415/8d.1 rep.)
19    (20 ILCS 415/12a rep.)
20    (20 ILCS 415/12b rep.)
21    (20 ILCS 415/12c rep.)
22    (20 ILCS 415/17 rep.)
23    Section 15. The Personnel Code is amended by repealing
24Sections 8b.5-1, 8d.1, 12a, 12b, 12c, and 17.
25    Section 99. Effective date. This Act takes effect upon



SB2228 Enrolled- 57 -LRB103 28873 DTM 55259 b

1becoming law.