Illinois General Assembly - Full Text of SB3222
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Full Text of SB3222  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/1/2012, by Sen. Linda Holmes


20 ILCS 415/9  from Ch. 127, par. 63b109

    Amends the Personnel Code. Deletes a paragraph requiring the Director of the Department of Central Management Services to conduct research and planning regarding the total manpower needs of all offices, departments, agencies, boards, and commissions of the executive branch. Effective immediately.

LRB097 16845 PJG 62027 b






SB3222LRB097 16845 PJG 62027 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 Personnel Code is amended by changing
5Section 9 as follows:
6    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
7    Sec. 9. Director, powers and duties. The Director, as
8executive head of the Department, shall direct and supervise
9all its administrative and technical activities. In addition to
10the duties imposed upon him elsewhere in this law, it shall be
11his duty:
12    (1) To apply and carry out this law and the rules adopted
14    (2) To attend meetings of the Commission.
15    (3) To establish and maintain a roster of all employees
16subject to this Act, in which there shall be set forth, as to
17each employee, the class, title, pay, status, and other
18pertinent data.
19    (4) To appoint, subject to the provisions of this Act, such
20employees of the Department and such experts and special
21assistants as may be necessary to carry out effectively this
23    (5) Subject to such exemptions or modifications as may be



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



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



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1effect of this law and the rules made thereunder and to report
2his findings and recommendations to the Commission and to the
4    (10) To make an annual report regarding the work of the
5Department, and such special reports as he may consider
6desirable, to the Commission and to the Governor, or as the
7Governor or Commission may request.
8    (11) (Blank). To conduct research and planning regarding
9the total manpower needs of all offices, including the
10Lieutenant Governor, Secretary of State, State Treasurer,
11State Comptroller, State Superintendent of Education, and
12Attorney General, and of all departments, agencies, boards, and
13commissions of the executive branch, except state-supported
14colleges and universities, and for that purpose to prescribe
15forms for the reporting of such personnel information as the
16department may request both for positions covered by this Act
17and for those exempt in whole or in part.
18    (12) To prepare and publish a semi-annual statement showing
19the number of employees exempt and non-exempt from merit
20selection in each department. This report shall be in addition
21to other information on merit selection maintained for public
22information under existing law.
23    (13) To authorize in every department or agency subject to
24Jurisdiction C the use of flexible hours positions. A flexible
25hours position is one that does not require an ordinary work
26schedule as determined by the Department and includes but is



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1not limited to: 1) a part time job of 20 hours or more per week,
22) a job which is shared by 2 employees or a compressed work
3week consisting of an ordinary number of working hours
4performed on fewer than the number of days ordinarily required
5to perform that job. The Department may define flexible time to
6include other types of jobs that are defined above.
7    The Director and the director of each department or agency
8shall together establish goals for flexible hours positions to
9be available in every department or agency.
10    The Department shall give technical assistance to
11departments and agencies in achieving their goals, and shall
12report to the Governor and the General Assembly each year on
13the progress of each department and agency.
14    When a goal of 10% of the positions in a department or
15agency being available on a flexible hours basis has been
16reached, the Department shall evaluate the effectiveness and
17efficiency of the program and determine whether to expand the
18number of positions available for flexible hours to 20%.
19    When a goal of 20% of the positions in a department or
20agency being available on a flexible hours basis has been
21reached, the Department shall evaluate the effectiveness and
22efficiency of the program and determine whether to expand the
23number of positions available for flexible hours.
24    Each department shall develop a plan for implementation of
25flexible work requirements designed to reduce the need for day
26care of employees' children outside the home. Each department



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1shall submit a report of its plan to the Department of Central
2Management Services and the General Assembly. This report shall
3be submitted biennially by March 1, with the first report due
4March 1, 1993.
5    (14) To perform any other lawful acts which he may consider
6necessary or desirable to carry out the purposes and provisions
7of this law.
8    The requirement for reporting to the General Assembly shall
9be satisfied by filing copies of the report with the Speaker,
10the Minority Leader and the Clerk of the House of
11Representatives and the President, the Minority Leader and the
12Secretary of the Senate and the Legislative Research Unit, as
13required by Section 3.1 of "An Act to revise the law in
14relation to the General Assembly", approved February 25, 1874,
15as amended, and filing such additional copies with the State
16Government Report Distribution Center for the General Assembly
17as is required under paragraph (t) of Section 7 of the State
18Library Act.
19(Source: P.A. 86-1004; 87-552; 87-1050.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.