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


Rep. Marcus C. Evans, Jr.

Filed: 4/21/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 2228 by replacing
3everything after the enacting clause with the following:
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



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1shall conduct an annual presentation regarding the programs
2created under this Section, and each State agency shall
3designate one or more persons with hiring responsibilities to
4attend the presentation. The Department and the Department of
5Human Services must submit a report, annually, to the Governor
6and the General Assembly concerning their actions under this
8(Source: P.A. 101-540, eff. 8-23-19.)
9    Section 10. The Personnel Code is amended by changing
10Sections 4b, 4c, 4d, 8b, 8b.1, 8b.2, 8b.3, 8b.4, 8b.5, 8b.6,
118b.7, 8b.8, 8b.9, 8b.10, 8b.14, 8b.17, 8b.18, 8b.19, 9, 10,
1212f, 13, 14, 17a, and 17b as follows:
13    (20 ILCS 415/4b)  (from Ch. 127, par. 63b104b)
14    Sec. 4b. Extension of jurisdiction. Any or all of the
15three forms of jurisdiction of the Department may be extended
16to the positions not initially covered by this Act under a
17department, board, commission, institution, or other
18independent agency in the executive, legislative, or judicial
19branch of State government, or to a major administrative
20division, service, or office thereof by the following process:
21    (1) The officer or officers legally charged with control
22over the appointments to positions in a department, board,
23commission, institution, or other independent agency in the
24executive, legislative, or judicial branch of State



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1government, or to a major administrative division, service, or
2office thereof, may request in writing to the Governor the
3extension of any or all of the three forms of jurisdiction of
4the Department to such named group of positions.
5    (2) The Governor, if he concurs with the request, may
6forward the request to the Director of Central Management
8    (3) The Director shall survey the practicability of the
9requested extension of the jurisdiction or jurisdictions of
10the Department, approve or disapprove same, and notify the
11Civil Service Commission of his decision. If he should approve
12the request he shall provide notice of submit rules to
13accomplish such extension to the Civil Service Commission.
14    (4) Such an extension of jurisdiction of the Department of
15Central Management Services may be terminated by the same
16process of amendment to the rules at any time after four years
17from its original effective date.
18    (5) Employees in positions to which jurisdiction B is
19extended pursuant to this section shall be continued in their
20respective positions provided that they are deemed qualified
21pass a qualifying examination prescribed by the Director
22within 6 months after such jurisdiction is extended to such
23positions, and provided they satisfactorily complete their
24respective probationary periods. Such qualifying examinations
25shall be of the same kind as those required for entrance
26examinations for comparable positions. Appointments of such



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1employees shall be without regard to eligible lists and
2without regard to the provisions of this Code requiring the
3appointment of the person standing among the three highest on
4the appropriate eligible list to fill a vacancy or from the
5highest category ranking group if the list is by rankings
6instead of numerical ratings. Nothing herein shall preclude
7the reclassification or reallocation as provided by this Act
8of any position held by any such incumbent. The Department
9shall maintain records of all extensions of jurisdiction
10pursuant to this Section.
11(Source: P.A. 82-789.)
12    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
13    Sec. 4c. General exemptions. The following positions in
14State service shall be exempt from jurisdictions A, B, and C,
15unless the jurisdictions shall be extended as provided in this
17        (1) All officers elected by the people.
18        (2) All positions under the Lieutenant Governor,
19    Secretary of State, State Treasurer, State Comptroller,
20    State Board of Education, Clerk of the Supreme Court,
21    Attorney General, and State Board of Elections.
22        (3) Judges, and officers and employees of the courts,
23    and notaries public.
24        (4) All officers and employees of the Illinois General
25    Assembly, all employees of legislative commissions, all



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1    officers and employees of the Illinois Legislative
2    Reference Bureau and the Legislative Printing Unit.
3        (5) All positions in the Illinois National Guard and
4    Illinois State Guard, paid from federal funds or positions
5    in the State Military Service filled by enlistment and
6    paid from State funds.
7        (6) All employees of the Governor at the executive
8    mansion and on his immediate personal staff.
9        (7) Directors of Departments, the Adjutant General,
10    the Assistant Adjutant General, the Director of the
11    Illinois Emergency Management Agency, members of boards
12    and commissions, and all other positions appointed by the
13    Governor by and with the consent of the Senate.
14        (8) The presidents, other principal administrative
15    officers, and teaching, research and extension faculties
16    of Chicago State University, Eastern Illinois University,
17    Governors State University, Illinois State University,
18    Northeastern Illinois University, Northern Illinois
19    University, Western Illinois University, the Illinois
20    Community College Board, Southern Illinois University,
21    Illinois Board of Higher Education, University of
22    Illinois, State Universities Civil Service System,
23    University Retirement System of Illinois, and the
24    administrative officers and scientific and technical staff
25    of the Illinois State Museum.
26        (9) All other employees except the presidents, other



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1    principal administrative officers, and teaching, research
2    and extension faculties of the universities under the
3    jurisdiction of the Board of Regents and the colleges and
4    universities under the jurisdiction of the Board of
5    Governors of State Colleges and Universities, Illinois
6    Community College Board, Southern Illinois University,
7    Illinois Board of Higher Education, Board of Governors of
8    State Colleges and Universities, the Board of Regents,
9    University of Illinois, State Universities Civil Service
10    System, University Retirement System of Illinois, so long
11    as these are subject to the provisions of the State
12    Universities Civil Service Act.
13        (10) The Illinois State Police so long as they are
14    subject to the merit provisions of the Illinois State
15    Police Act. Employees of the Illinois State Police Merit
16    Board are subject to the provisions of this Code.
17        (11) (Blank).
18        (12) The technical and engineering staffs of the
19    Department of Transportation, the Division Department of
20    Nuclear Safety at the Illinois Emergency Management
21    Agency, the Pollution Control Board, and the Illinois
22    Commerce Commission, and the technical and engineering
23    staff providing architectural and engineering services in
24    the Department of Central Management Services.
25        (13) All employees of the Illinois State Toll Highway
26    Authority.



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1        (14) The Secretary of the Illinois Workers'
2    Compensation Commission.
3        (15) All persons who are appointed or employed by the
4    Director of Insurance under authority of Section 202 of
5    the Illinois Insurance Code to assist the Director of
6    Insurance in discharging his responsibilities relating to
7    the rehabilitation, liquidation, conservation, and
8    dissolution of companies that are subject to the
9    jurisdiction of the Illinois Insurance Code.
10        (16) All employees of the St. Louis Metropolitan Area
11    Airport Authority.
12        (17) All investment officers employed by the Illinois
13    State Board of Investment.
14        (18) Employees of the Illinois Young Adult
15    Conservation Corps program, administered by the Illinois
16    Department of Natural Resources, authorized grantee under
17    Title VIII of the Comprehensive Employment and Training
18    Act of 1973, 29 U.S.C. 993.
19        (19) Seasonal employees of the Department of
20    Agriculture for the operation of the Illinois State Fair
21    and the DuQuoin State Fair, no one person receiving more
22    than 29 days of such employment in any calendar year.
23        (20) All "temporary" employees hired under the
24    Department of Natural Resources' Illinois Conservation
25    Service, a youth employment program that hires young
26    people to work in State parks for a period of one year or



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1    less.
2        (21) All hearing officers of the Human Rights
3    Commission.
4        (22) All employees of the Illinois Mathematics and
5    Science Academy.
6        (23) All employees of the Kankakee River Valley Area
7    Airport Authority.
8        (24) The commissioners and employees of the Executive
9    Ethics Commission.
10        (25) The Executive Inspectors General, including
11    special Executive Inspectors General, and employees of
12    each Office of an Executive Inspector General.
13        (26) The commissioners and employees of the
14    Legislative Ethics Commission.
15        (27) The Legislative Inspector General, including
16    special Legislative Inspectors General, and employees of
17    the Office of the Legislative Inspector General.
18        (28) The Auditor General's Inspector General and
19    employees of the Office of the Auditor General's Inspector
20    General.
21        (29) All employees of the Illinois Power Agency.
22        (30) Employees having demonstrable, defined advanced
23    skills in accounting, financial reporting, or technical
24    expertise who are employed within executive branch
25    agencies and whose duties are directly related to the
26    submission to the Office of the Comptroller of financial



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1    information for the publication of the annual
2    comprehensive financial report.
3        (31) All employees of the Illinois Sentencing Policy
4    Advisory Council.
5(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
6102-538, eff. 8-20-21; 102-783, eff. 5-13-22; 102-813, eff.
8    (20 ILCS 415/4d)  (from Ch. 127, par. 63b104d)
9    Sec. 4d. Partial exemptions. The following positions in
10State service are exempt from jurisdictions A, B, and C to the
11extent stated for each, unless those jurisdictions are
12extended as provided in this Act:
13        (1) In each department, board or commission that now
14    maintains or may hereafter maintain a major administrative
15    division, service or office in both Sangamon County and
16    Cook County, 2 private secretaries for the director or
17    chairman thereof, one located in the Cook County office
18    and the other located in the Sangamon County office, shall
19    be exempt from jurisdiction B; in all other departments,
20    boards and commissions one private secretary for the
21    director or chairman thereof shall be exempt from
22    jurisdiction B. In all departments, boards and commissions
23    one confidential assistant for the director or chairman
24    thereof shall be exempt from jurisdiction B. This
25    paragraph is subject to such modifications or waiver of



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1    the exemptions as may be necessary to assure the
2    continuity of federal contributions in those agencies
3    supported in whole or in part by federal funds.
4        (2) The resident administrative head of each State
5    charitable, penal and correctional institution, the
6    chaplains thereof, and all member, patient and inmate
7    employees are exempt from jurisdiction B.
8        (3) The Civil Service Commission, upon written
9    recommendation of the Director of Central Management
10    Services, shall exempt from jurisdiction B other positions
11    which, in the judgment of the Commission, involve either
12    principal administrative responsibility for the
13    determination of policy or principal administrative
14    responsibility for the way in which policies are carried
15    out, except positions in agencies which receive federal
16    funds if such exemption is inconsistent with federal
17    requirements, and except positions in agencies supported
18    in whole by federal funds.
19        (4) All individuals in positions paid in accordance
20    with prevailing wage laws, as well as beauticians and
21    teachers of beauty culture and teachers of barbering, and
22    all positions heretofore paid under Section 1.22 of "An
23    Act to standardize position titles and salary rates",
24    approved June 30, 1943, as amended, shall be exempt from
25    jurisdiction B.
26        (5) Licensed attorneys in positions as legal or



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1    technical advisors; positions in the Department of Natural
2    Resources requiring incumbents to be either a registered
3    professional engineer or to hold a bachelor's degree in
4    engineering from a recognized college or university;
5    licensed physicians in positions of medical administrator
6    or physician or physician specialist (including
7    psychiatrists); all positions within the Department of
8    Juvenile Justice requiring licensure by the State Board of
9    Education under Article 21B of the School Code; all
10    positions within the Illinois School for the Deaf and the
11    Illinois School for the Visually Impaired requiring
12    licensure by the State Board of Education under Article
13    21B of the School Code and all rehabilitation/mobility
14    instructors and rehabilitation/mobility instructor
15    trainees at the Illinois School for the Visually Impaired;
16    and registered nurses (except those registered nurses
17    employed by the Department of Public Health); except those
18    in positions in agencies which receive federal funds if
19    such exemption is inconsistent with federal requirements
20    and except those in positions in agencies supported in
21    whole by federal funds, are exempt from jurisdiction B
22    only to the extent that the requirements of Section 8b.1,
23    8b.3 and 8b.5 of this Code need not be met.
24        (6) All positions established outside the geographical
25    limits of the State of Illinois to which appointments of
26    other than Illinois citizens may be made are exempt from



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1    jurisdiction B.
2        (7) Staff attorneys reporting directly to individual
3    Commissioners of the Illinois Workers' Compensation
4    Commission are exempt from jurisdiction B.
5        (8) (Blank). Twenty-one senior public service
6    administrator positions within the Department of
7    Healthcare and Family Services, as set forth in this
8    paragraph (8), requiring the specific knowledge of
9    healthcare administration, healthcare finance, healthcare
10    data analytics, or information technology described are
11    exempt from jurisdiction B only to the extent that the
12    requirements of Sections 8b.1, 8b.3, and 8b.5 of this Code
13    need not be met. The General Assembly finds that these
14    positions are all senior policy makers and have
15    spokesperson authority for the Director of the Department
16    of Healthcare and Family Services. When filling positions
17    so designated, the Director of Healthcare and Family
18    Services shall cause a position description to be
19    published which allots points to various qualifications
20    desired. After scoring qualified applications, the
21    Director shall add Veteran's Preference points as
22    enumerated in Section 8b.7 of this Code. The following are
23    the minimum qualifications for the senior public service
24    administrator positions provided for in this paragraph
25    (8):



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1                Medical Director: Licensed Medical Doctor in
2            good standing; experience in healthcare payment
3            systems, pay for performance initiatives, medical
4            necessity criteria or federal or State quality
5            improvement programs; preferred experience serving
6            Medicaid patients or experience in population
7            health programs with a large provider, health
8            insurer, government agency, or research
9            institution.
10                Chief, Bureau of Quality Management: Advanced
11            degree in health policy or health professional
12            field preferred; at least 3 years experience in
13            implementing or managing healthcare quality
14            improvement initiatives in a clinical setting.
15                Quality Management Bureau: Manager, Care
16            Coordination/Managed Care Quality: Clinical degree
17            or advanced degree in relevant field required;
18            experience in the field of managed care quality
19            improvement, with knowledge of HEDIS measurements,
20            coding, and related data definitions.
21                Quality Management Bureau: Manager, Primary
22            Care Provider Quality and Practice Development:
23            Clinical degree or advanced degree in relevant
24            field required; experience in practice
25            administration in the primary care setting with a
26            provider or a provider association or an



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1            accrediting body; knowledge of practice standards
2            for medical homes and best evidence based
3            standards of care for primary care.
4                Director of Care Coordination Contracts and
5            Compliance: Bachelor's degree required; multi-year
6            experience in negotiating managed care contracts,
7            preferably on behalf of a payer; experience with
8            health care contract compliance.
9                Manager, Long Term Care Policy: Bachelor's
10            degree required; social work, gerontology, or
11            social service degree preferred; knowledge of
12            Olmstead and other relevant court decisions
13            required; experience working with diverse long
14            term care populations and service systems, federal
15            initiatives to create long term care community
16            options, and home and community-based waiver
17            services required. The General Assembly finds that
18            this position is necessary for the timely and
19            effective implementation of this amendatory Act of
20            the 97th General Assembly.
21                Manager, Behavioral Health Programs: Clinical
22            license or advanced degree required, preferably in
23            psychology, social work, or relevant field;
24            knowledge of medical necessity criteria and
25            governmental policies and regulations governing
26            the provision of mental health services to



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1            Medicaid populations, including children and
2            adults, in community and institutional settings of
3            care. The General Assembly finds that this
4            position is necessary for the timely and effective
5            implementation of this amendatory Act of the 97th
6            General Assembly.
7                Manager, Office of Accountable Care Entity
8            Development: Bachelor's degree required, clinical
9            degree or advanced degree in relevant field
10            preferred; experience in developing integrated
11            delivery systems, including knowledge of health
12            homes and evidence-based standards of care
13            delivery; multi-year experience in health care or
14            public health management; knowledge of federal ACO
15            or other similar delivery system requirements and
16            strategies for improving health care delivery.
17                Manager of Federal Regulatory Compliance:
18            Bachelor's degree required, advanced degree
19            preferred, in healthcare management or relevant
20            field; experience in healthcare administration or
21            Medicaid State Plan amendments preferred;
22            experience interpreting federal rules; experience
23            with either federal health care agency or with a
24            State agency in working with federal regulations.
25                Manager, Office of Medical Project Management:
26            Bachelor's degree required, project management



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1            certification preferred; multi-year experience in
2            project management and developing business analyst
3            skills; leadership skills to manage multiple and
4            complex projects.
5                Manager of Medicare/Medicaid Coordination:
6            Bachelor's degree required, knowledge and
7            experience with Medicare Advantage rules and
8            regulations, knowledge of Medicaid laws and
9            policies; experience with contract drafting
10            preferred.
11                Chief, Bureau of Eligibility Integrity:
12            Bachelor's degree required, advanced degree in
13            public administration or business administration
14            preferred; experience equivalent to 4 years of
15            administration in a public or business
16            organization required; experience with managing
17            contract compliance required; knowledge of
18            Medicaid eligibility laws and policy preferred;
19            supervisory experience preferred. The General
20            Assembly finds that this position is necessary for
21            the timely and effective implementation of this
22            amendatory Act of the 97th General Assembly.
23            (B) HEALTHCARE FINANCE.
24                Director of Care Coordination Rate and
25            Finance: MBA, CPA, or Actuarial degree required;
26            experience in managed care rate setting,



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



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



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1            experience working on a health insurance data
2            analytics platform; experience managing contracts
3            and vendors preferred.
5                Manager of MMIS Claims Unit: Bachelor's degree
6            required, with preferred coursework in business,
7            public administration, information systems;
8            experience equivalent to 4 years of administration
9            in a public or business organization; working
10            knowledge with design and implementation of
11            technical solutions to medical claims payment
12            systems; extensive technical writing experience,
13            including, but not limited to, the development of
14            RFPs, APDs, feasibility studies, and related
15            documents; thorough knowledge of IT system design,
16            commercial off the shelf software packages and
17            hardware components.
18                Assistant Bureau Chief, Office of Information
19            Systems: Bachelor's degree required, with
20            preferred coursework in business, public
21            administration, information systems; experience
22            equivalent to 5 years of administration in a
23            public or private business organization; extensive
24            technical writing experience, including, but not
25            limited to, the development of RFPs, APDs,
26            feasibility studies and related documents;



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1            extensive healthcare technology experience with a
2            large provider, health insurer, government agency,
3            or research institution; experience as a business
4            analyst interfacing between business and
5            information technology departments; thorough
6            knowledge of IT system design, commercial off the
7            shelf software packages and hardware components.
8                Technical System Architect: Bachelor's degree
9            required, with preferred coursework in computer
10            science or information technology; prior
11            experience equivalent to 5 years of computer
12            science or IT administration in a public or
13            business organization; extensive healthcare
14            technology experience with a large provider,
15            health insurer, government agency, or research
16            institution; experience as a business analyst
17            interfacing between business and information
18            technology departments.
19    The provisions of this paragraph (8), other than this
20    sentence, are inoperative after January 1, 2014.
21(Source: P.A. 99-45, eff. 7-15-15; 100-258, eff. 8-22-17;
22100-771, eff. 8-10-18.)
23    (20 ILCS 415/8b)  (from Ch. 127, par. 63b108b)
24    Sec. 8b. Jurisdiction B - Merit and fitness.
25    (a) For positions in the State service subject to the



10300SB2228ham001- 21 -LRB103 28873 DTM 60766 a

1jurisdiction of the Department of Central Management Services
2with respect to selection and tenure on the basis of merit and
3fitness, those matters specified in this Section and Sections
48b.1 through 8b.17.
5    (b) Application, testing and hiring procedures for all
6State employment vacancies for positions not exempt under
7Section 4c shall be reduced to writing and made available to
8the public via the Department's website or equivalent. All
9vacant positions subject to Jurisdiction B shall be posted.
10Vacant positions shall be posted on the Department's website
11in such a way that potential job candidates can easily
12identify and apply for job openings and identify the county in
13which the vacancy is located. Vacant positions shall be
14updated at least weekly. The written procedures shall be
15provided to each State agency and university for posting and
16public inspection at each agency's office and each
17university's placement office. The Director shall also
18annually prepare and distribute a listing of entry level
19non-professional and professional positions that are most
20utilized by State agencies under the jurisdiction of the
21Governor. The position listings shall identify the entry level
22positions, localities of usage, description of position duties
23and responsibilities, salary ranges, eligibility requirements
24and test scheduling instructions. The position listings shall
25further identify special linguistic skills that may be
26required for any of the positions.



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1    (c) If a position experiences a vacancy rate that is
2greater than or equal to 10%, that position shall be posted
3until the vacancy rate is less than 10%.
4(Source: P.A. 86-1004.)
5    (20 ILCS 415/8b.1)  (from Ch. 127, par. 63b108b.1)
6    Sec. 8b.1. For assessment open competitive examinations to
7determine test the relative fitness of other means applicants,
8including employees who do not have contractual rights under a
9collective bargaining agreement, for the respective position
10positions. Assessments, which are the determination of whether
11an individual meets the minimum qualifications as determined
12by the class specification of the position for which they are
13being considered, shall be designed to objectively eliminate
14those who are not qualified for the position into which they
15are applying, whether for entrance into State service or for
16promotion within the service, and Tests shall be designed to
17eliminate those who are not qualified for entrance into or
18promotion within the service, and to discover the relative
19fitness of those who are qualified. The Director may use any
20one of or any combination of the following examination methods
21or the equivalent, which in his judgment best serves this end:
22investigation of education; investigation of experience; test
23of cultural knowledge; test of capacity; test of knowledge;
24test of manual skill; test of linguistic ability; test of
25character; test of physical fitness; test of psychological



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1fitness. No person with a record of misdemeanor convictions
2except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
311-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
414-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
531-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
6(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
7(6), and (8) of subsection (a) of Section 24-1 of the Criminal
8Code of 1961 or the Criminal Code of 2012, or arrested for any
9cause but not convicted thereon shall be disqualified from
10taking such examinations or subsequent appointment, unless the
11person is attempting to qualify for a position which would
12give him the powers of a peace officer, in which case the
13person's conviction or arrest record may be considered as a
14factor in determining the person's fitness for the position.
15The eligibility conditions specified for the position of
16Assistant Director of Healthcare and Family Services in the
17Department of Healthcare and Family Services in Section 5-230
18of the Departments of State Government Law of the Civil
19Administrative Code of Illinois shall be applied to that
20position in addition to other standards, tests or criteria
21established by the Director. All examinations shall be
22announced publicly at least 2 weeks in advance of the date of
23the examinations and may be advertised through the press,
24radio and other media. The Director may, however, in his
25discretion, continue to receive applications and examine
26candidates long enough to assure a sufficient number of



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1eligibles to meet the needs of the service and may add the
2names of successful candidates to existing eligible lists in
3accordance with their respective ratings.
4    The Director may, in his discretion, accept the results of
5competitive examinations conducted by any merit system
6established by federal law or by the law of any state, and may
7compile eligible lists therefrom or may add the names of
8successful candidates in examinations conducted by those merit
9systems to existing eligible lists in accordance with their
10respective ratings. No person who is a non-resident of the
11State of Illinois may be appointed from those eligible lists,
12however, unless the requirement that applicants be residents
13of the State of Illinois is waived by the Director of Central
14Management Services and unless there are less than 3 Illinois
15residents available for appointment from the appropriate
16eligible list. The results of the examinations conducted by
17other merit systems may not be used unless they are comparable
18in difficulty and comprehensiveness to examinations conducted
19by the Department of Central Management Services for similar
20positions. Special linguistic options may also be established
21where deemed appropriate.
22    When an agency requests an open competitive eligible list
23from the Department, the Director shall also provide to the
24agency a Successful Disability Opportunities Program eligible
25candidate list.
26(Source: P.A. 101-192, eff. 1-1-20; 102-813, eff. 5-13-22.)



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1    (20 ILCS 415/8b.2)  (from Ch. 127, par. 63b108b.2)
2    Sec. 8b.2. For promotions which shall give appropriate
3consideration to the applicant's qualifications, linguistic
4capabilities, cultural knowledge, record of performance,
5seniority and conduct. For positions subject to a collective
6bargaining agreement, an An advancement in rank or grade to a
7vacant position constitutes a promotion. For all other
8positions, the Director may establish rules containing
9additional factors, such as an increase in responsibility or
10an increase in the number of subordinates, for determining
11whether internal movement constitutes a promotion.
12(Source: P.A. 86-1004.)
13    (20 ILCS 415/8b.3)  (from Ch. 127, par. 63b108b.3)
14    Sec. 8b.3. For assessment of employees with contractual
15rights under a collective bargaining agreement to determine
16those candidates who are eligible the establishment of
17eligible lists for appointment and promotion and , upon which
18lists shall be placed the names of successful candidates in
19order of their relative excellence in respective examinations.
20Assessments, which are the determination of whether an
21individual meets the minimum qualifications as determined by
22the class specification of the position for which they are
23being considered, shall be designed to objectively eliminate
24those who are not qualified for the position into which they



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1are applying and to discover the relative fitness of those who
2are qualified. The Director may substitute rankings such as
3superior, excellent, well-qualified and qualified for
4numerical ratings and establish qualification assessments or
5assessment equivalents eligible lists accordingly. The
6Department may adopt rules regarding the assessment of
7applicants and the appointment of qualified candidates.
8Adopted rules shall be interpreted to be consistent with
9collective bargaining agreements. Such rules may provide for
10lists by area or location, by department or other agency, for
11removal of those not available for or refusing employment, for
12minimum and maximum duration of such lists, and for such other
13provisions as may be necessary to provide rapid and
14satisfactory service to the operating agencies. The Director
15may approve the written request of an agency or applicant to
16extend the eligibility of a qualified eligible candidate when
17the extension is necessary to assist in achieving affirmative
18action goals in employment. The extended period of eligibility
19shall not exceed the duration of the original period of
20eligibility and shall not be renewed. The rules may authorize
21removal of eligibles from lists if those eligibles fail to
22furnish evidence of availability upon forms sent to them by
23the Director.
24(Source: P.A. 87-545.)
25    (20 ILCS 415/8b.4)  (from Ch. 127, par. 63b108b.4)



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1    Sec. 8b.4. For the rejection of candidates or eligibles
2who fail to comply with reasonable previously specified job
3requirements of the Director in regard to training and
4experience; who have been guilty of infamous or disgraceful
5conduct; or who have attempted any deception or fraud in
6connection with the hiring process an examination. The
7Department may adopt rules and implement procedures regarding
8candidate rejection. Those candidates who are alleged to have
9attempted deception or fraud in connection with an examination
10shall be afforded the opportunity to appeal and provide
11information to support their appeal which shall be considered
12when determining their eligibility as a candidate for
14(Source: P.A. 102-617, eff. 1-1-22.)
15    (20 ILCS 415/8b.5)  (from Ch. 127, par. 63b108b.5)
16    Sec. 8b.5. For the appointment of eligible candidates in
17rank order the person standing among the 3 highest on the
18appropriate eligible list to fill a vacancy, or from the
19highest ranking group if the list is by rankings instead of
20numerical ratings, except as otherwise provided in Sections 4b
21and 17a of this Act.
22    The Director may approve the appointment of a lower
23ranking candidate when higher ranking candidates have been
24exhausted or duly bypassed person from the next lower ranking
25group when the highest ranking group contains less than 3



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2(Source: P.A. 86-12.)
3    (20 ILCS 415/8b.6)  (from Ch. 127, par. 63b108b.6)
4    Sec. 8b.6. For a period of probation not to exceed one year
5before appointment or promotion is complete, and during which
6period a probationer may with the consent of the Director of
7Central Management Services, be separated, discharged, or
8reduced in class or rank, or replaced on the eligible list. For
9a person appointed to a term appointment under Section 8b.18
10or 8b.19, the period of probation shall not be less than 6
12(Source: P.A. 93-615, eff. 11-19-03.)
13    (20 ILCS 415/8b.7)  (from Ch. 127, par. 63b108b.7)
14    Sec. 8b.7. Veteran preference. For the granting of
15appropriate preference in entrance examinations to qualified
16veterans, persons who have been members of the armed forces of
17the United States or to qualified persons who, while citizens
18of the United States, were members of the armed forces of
19allies of the United States in time of hostilities with a
20foreign country, and to certain other persons as set forth in
21this Section.
22    (a) As used in this Section:
23        (1) "Time of hostilities with a foreign country" means
24    any period of time in the past, present, or future during



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1    which a declaration of war by the United States Congress
2    has been or is in effect or during which an emergency
3    condition has been or is in effect that is recognized by
4    the issuance of a Presidential proclamation or a
5    Presidential executive order and in which the armed forces
6    expeditionary medal or other campaign service medals are
7    awarded according to Presidential executive order.
8        (2) "Armed forces of the United States" means the
9    United States Army, Navy, Air Force, Marine Corps, and
10    Coast Guard. Service in the Merchant Marine that
11    constitutes active duty under Section 401 of federal
12    Public Law 95-202 shall also be considered service in the
13    Armed Forces of the United States for purposes of this
14    Section.
15        (3) "Veteran" means a member of the armed forces of
16    the United States, the Illinois National Guard, or a
17    reserve component of the armed forces of the United
18    States.
19    (b) The preference granted under this Section shall be in
20the form of points, or the equivalent, added to the applicable
21scores final grades of the persons if they otherwise qualify
22and are entitled to be considered for appointment appear on
23the list of those eligible for appointments.
24    (c) A veteran is qualified for a preference of 10 points if
25the veteran currently holds proof of a service connected
26disability from the United States Department of Veterans



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1Affairs or an allied country or if the veteran is a recipient
2of the Purple Heart.
3    (d) A veteran who has served during a time of hostilities
4with a foreign country is qualified for a preference of 5
5points if the veteran served under one or more of the following
7        (1) The veteran served a total of at least 6 months, or
8        (2) The veteran served for the duration of hostilities
9    regardless of the length of engagement, or
10        (3) The veteran was discharged on the basis of
11    hardship, or
12        (4) The veteran was released from active duty because
13    of a service connected disability and was discharged under
14    honorable conditions.
15    (e) A person not eligible for a preference under
16subsection (c) or (d) is qualified for a preference of 3 points
17if the person has served in the armed forces of the United
18States, the Illinois National Guard, or any reserve component
19of the armed forces of the United States if the person: (1)
20served for at least 6 months and has been discharged under
21honorable conditions; (2) has been discharged on the ground of
22hardship; (3) was released from active duty because of a
23service connected disability; or (4) served a minimum of 4
24years in the Illinois National Guard or reserve component of
25the armed forces of the United States regardless of whether or
26not the person was mobilized to active duty. An active member



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1of the National Guard or a reserve component of the armed
2forces of the United States is eligible for the preference if
3the member meets the service requirements of this subsection
5    (f) The augmented ratings shall be used when determining
6the rank order of persons to be appointed entitled to a
7preference on eligible lists shall be determined on the basis
8of their augmented ratings. When the Director establishes
9eligible lists on the basis of category ratings such as
10"superior", "excellent", "well-qualified", and "qualified",
11the veteran eligibles in each such category shall be preferred
12for appointment before the non-veteran eligibles in the same
14    (g) Employees in positions covered by jurisdiction B who,
15while in good standing, leave to engage in military service
16during a period of hostility, shall be given credit for
17seniority purposes for time served in the armed forces.
18    (h) A surviving unremarried spouse of a veteran who
19suffered a service connected death or the spouse of a veteran
20who suffered a service connected disability that prevents the
21veteran from qualifying for civil service employment shall be
22entitled to the same preference to which the veteran would
23have been entitled under this Section.
24    (i) A preference shall also be given to the following
25individuals: 10 points for one parent of an unmarried veteran
26who suffered a service connected death or a service connected



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1disability that prevents the veteran from qualifying for civil
2service employment. The first parent to receive a civil
3service appointment shall be the parent entitled to the
5    (j) The Department of Central Management Services shall
6adopt rules and implement procedures to verify that any person
7seeking a preference under this Section is entitled to the
8preference. A person seeking a preference under this Section
9shall provide documentation or execute any consents or other
10documents required by the Department of Central Management
11Services or any other State department or agency to enable the
12department or agency to verify that the person is entitled to
13the preference.
14    (k) If an applicant claims to be a veteran, the Department
15of Central Management Services must verify that status before
16granting a veteran preference by requiring a certified copy of
17the applicant's most recent DD214 (Certificate of Release or
18Discharge from Active Duty), NGB-22 (Proof of National Guard
19Service), or other evidence of the applicant's most recent
20honorable discharge from the Armed Forces of the United States
21that is determined to be acceptable by the Department of
22Central Management Services.
23(Source: P.A. 100-496, eff. 9-8-17.)
24    (20 ILCS 415/8b.8)  (from Ch. 127, par. 63b108b.8)
25    Sec. 8b.8. For emergency appointments to any positions in



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1the State service for a period not to exceed 60 days, to meet
2emergency situations. However, where an emergency situation
3that threatens the health, safety, or welfare of employees or
4residents of the State exists, emergency appointments shall
5not exceed 90 days. Emergency appointments may be made without
6regard to competitive selection eligible lists but may not be
7renewed. Notice of such appointments and terminations shall be
8reported simultaneously to the Director of Central Management
10(Source: P.A. 82-789.)
11    (20 ILCS 415/8b.9)  (from Ch. 127, par. 63b108b.9)
12    Sec. 8b.9. For temporary appointments to any positions in
13the State service which are determined to be temporary or
14seasonal in nature by the Director of Central Management
15Services. Temporary appointments may be made for not more than
166 months and may be taken from eligible lists to the extent
17determined to be practicable. No position in the State service
18may be filled by temporary appointment for more than 6 months
19out of any 12 month period.
20(Source: P.A. 82-789.)
21    (20 ILCS 415/8b.10)  (from Ch. 127, par. 63b108b.10)
22    Sec. 8b.10. For provisional appointment to a position
23without competitive qualification assessment examination when
24there is no appropriate eligible list available. No position



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1within jurisdiction B may be filled by provisional appointment
2for longer than 6 months out of any 12 month period.
3(Source: P.A. 76-628.)
4    (20 ILCS 415/8b.14)  (from Ch. 127, par. 63b108b.14)
5    Sec. 8b.14. For the promotion of staff development and
6utilization by means of records of performance of all
7employees in the State service. The performance records may be
8considered in determining salary increases, provided in the
9pay plan, and as a factor in promotion tests or promotions. The
10performance records shall be considered as a factor in
11determining salary decreases, the order of layoffs because of
12lack of funds or work, reinstatement, demotions, discharges
13and geographical transfers.
14(Source: Laws 1968, p. 472.)
15    (20 ILCS 415/8b.17)  (from Ch. 127, par. 63b108b.17)
16    Sec. 8b.17. For trainee programs, and for the appointment
17of persons to positions in trainee programs, hereinafter
18called "trainee appointments". Trainee appointments may be
19made with or without examination, with consideration of the
20needs of Illinois residents, but may not be made to positions
21in any class that is not in a trainee program approved by the
22Director of Central Management Services. Trainee programs will
23be developed with consideration of the need for employees with
24linguistic abilities or cultural knowledge. The Director shall



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1work with the Department of Human Services and the Department
2of Employment Security in trainee position placements for
3those persons who receive benefits from those Departments.
4Persons who receive trainee appointments do not acquire any
5rights under jurisdiction B of the Personnel Code by virtue of
6their appointments.
7(Source: P.A. 89-507, eff. 7-1-97.)
8    (20 ILCS 415/8b.18)  (from Ch. 127, par. 63b108b.18)
9    Sec. 8b.18. Probationary separation Term Appointments. For
10the separation of employees who fail to successfully complete
11the probationary period with the prior approval of the
12Director of Central Management Services. Unless otherwise
13required by rule or the employee is a member of a collective
14bargaining unit, the Director of Central Management Services
15may approve a probationary separation when an employee fails
16to satisfactorily complete the probationary period. (a)
17Appointees for all positions not subject to paragraphs (1),
18(2), (3) and (6) of Section 4d in or above merit compensation
19grade 12 or its equivalent shall be appointed for a term of 4
20years. During the term of such appointments, Jurisdictions A,
21B and C shall apply to such positions. When a term expires, the
22Director or Chairman of the Department, Board or Commission in
23which the position is located, shall terminate the incumbent
24or renew the term for another 4 year term. Failure to renew the
25term is not grievable or appealable to the Civil Service



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2    For the purpose of implementing the above Section, the
3Director of Central Management Services shall supply each such
4Director or Chairman with a list of employees selected
5randomly by social security numbers in his particular
6Department, Board or Commission who are in salary grades
7subject to this Section on February 1, 1980. Such list shall
8include 25% of all such employees in the Department, Board or
9Commission. Those employees shall only continue in State
10employment in those positions if an appointment is made
11pursuant to this Section by the Director or Chairman of that
12Department, Board or Commission.
13    The same process shall occur on February 1, 1981, 1982 and
141983 with an additional 25% of the employees subject to this
15Section who are employed on January 1, 1980 being submitted by
16the Director of Central Management Services for appointment
17each year.
18    New appointments to such positions after January 1, 1980
19shall be appointed pursuant to this Section.
20    The Director of Central Management Services may exempt
21specific positions in agencies receiving federal funds from
22the operation of this Section if he finds and reports to the
23Speaker of the House and the President of the Senate, after
24good faith negotiations, that such exemption is necessary to
25maintain the availability of federal funds.
26    All positions, the duties and responsibilities of which



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1are wholly professional but do not include policy-making or
2major administrative responsibilities and those positions
3which have either salaries at negotiated rates or salaries at
4prevailing rates shall be exempt from the provisions of this
6    (b) Beginning January 1, 1985 and thereafter, any
7incumbent holding probationary or certified status in a
8position in or above merit compensation grade 12 or its
9equivalent and subject to paragraph (1), (2), (3) or (6) of
10Section 4d shall be subject to review and appointment for a
11term of 4 years unless such incumbent has received an
12appointment or renewal under paragraph (a) of this Section.
13During the term of such appointment, Jurisdiction A, B and C
14shall apply to such incumbent. 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(Source: P.A. 83-1362; 83-1369; 83-1528.)
21    (20 ILCS 415/8b.19)  (from Ch. 127, par. 63b108b.19)
22    Sec. 8b.19. Term appointments. (a) Appointees and renewal
23appointees for all positions not subject to paragraphs (1),
24(2), (3) and (6) of Section 4d in or above merit compensation
25grade 12 or its equivalent shall be appointed for a term of 4



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1years beginning on the effective date of the appointment or
2renewal. During the term of such appointments, Jurisdictions
3A, B and C shall apply to such positions. When a term expires,
4the Director or Chairman of the Department, Board or
5Commission in which the position is located shall terminate
6the incumbent or renew the term for another 4 year term.
7Failure to renew the term is not grievable or appealable to the
8Civil Service Commission.
9    New appointments to such positions after the effective
10date of this amendatory Act of 1988 shall be appointed
11pursuant to this Section.
12    The Director of Central Management Services may exempt
13specific positions in agencies receiving federal funds from
14the operation of this Section if he or she finds and reports to
15the Speaker of the House and the President of the Senate, after
16good faith negotiations, that the exemption is necessary to
17maintain the availability of federal funds.
18    All positions, the duties and responsibilities of which
19are wholly professional but do not include policy making or
20major administrative responsibilities, and those positions
21which have either salaries at negotiated rates or salaries at
22prevailing rates shall be exempt from the provisions of this
24    (b) Any incumbent who has received an appointment or
25renewal either before the effective date of this amendatory
26Act of 1988 or under paragraph (a) of this Section and who is



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1holding probationary or certified status in a position in or
2above merit compensation grade 12 or its equivalent and
3subject to paragraph (1), (2), (3) or (6) of Section 4d shall
4be subject to review and appointment when the term expires.
5During the term of such appointment, Jurisdictions A, B and C
6shall apply to such incumbent. When a term expires, the
7Director or Chairman of the Department, Board or Commission in
8which the position is located shall terminate the incumbent or
9renew the term for another 4 year term. Failure to renew the
10term is not grievable or appealable to the Civil Service
12    (c) The term of any person appointed to or renewed in a
13term position before the effective date of this amendatory Act
14of 1988 shall expire 4 years after the effective date of the
15appointment or renewal. However, appointment to a different
16position, also subject to the 4-year term, shall restart the
174-year term appointment period.
18    (d) All appointments to and renewals in term positions
19made before the effective date of this amendatory Act of 1988
20are ratified and confirmed.
21(Source: P.A. 85-1152.)
22    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
23    Sec. 9. Director, powers and duties. The Director, as
24executive head of the Department, shall direct and supervise
25all its administrative and technical activities. In addition



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1to the duties imposed upon him elsewhere in this law, it shall
2be his duty:
3        (1) To apply and carry out this law and the rules
4    adopted thereunder.
5        (2) To attend meetings of the Commission.
6        (3) To establish and maintain a roster of all
7    employees subject to this Act, in which there shall be set
8    forth, as to each employee, the class, title, pay, status,
9    and other pertinent data.
10        (4) To appoint, subject to the provisions of this Act,
11    such employees of the Department and such experts and
12    special assistants as may be necessary to carry out
13    effectively this law.
14        (5) Subject to such exemptions or modifications as may
15    be necessary to assure the continuity of federal
16    contributions in those agencies supported in whole or in
17    part by federal funds, to make appointments to vacancies;
18    to approve all written charges seeking discharge,
19    demotion, or other disciplinary measures provided in this
20    Act and to approve transfers of employees from one
21    geographical area to another in the State, in offices,
22    positions or places of employment covered by this Act,
23    after consultation with the operating unit.
24        (6) To formulate and administer service wide policies
25    and programs for the improvement of employee
26    effectiveness, including training, safety, health,



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1    incentive recognition, counseling, welfare and employee
2    relations. The Department shall formulate and administer
3    recruitment plans and testing of potential employees for
4    agencies having direct contact with significant numbers of
5    non-English speaking or otherwise culturally distinct
6    persons. The Department shall require each State agency to
7    annually assess the need for employees with appropriate
8    bilingual capabilities to serve the significant numbers of
9    non-English speaking or culturally distinct persons. The
10    Department shall develop a uniform procedure for assessing
11    an agency's need for employees with appropriate bilingual
12    capabilities. Agencies shall establish occupational titles
13    or designate positions as "bilingual option" for persons
14    having sufficient linguistic ability or cultural knowledge
15    to be able to render effective service to such persons.
16    The Department shall ensure that any such option is
17    exercised according to the agency's needs assessment and
18    the requirements of this Code. The Department shall make
19    annual reports of the needs assessment of each agency and
20    the number of positions calling for non-English linguistic
21    ability to whom vacancy postings were sent, and the number
22    filled by each agency. Such policies and programs shall be
23    subject to approval by the Governor, provided that for
24    needs that require a certain linguistic ability that: (i)
25    have not been met for a posted position for a period of at
26    least one year; or (ii) arise when an individual's health



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1    or safety would be placed in immediate risk, the
2    Department shall accept certifications of linguistic
3    competence from pre-approved third parties. To facilitate
4    expanding the scope of sources to demonstrate linguistic
5    competence, the Department shall issue standards for
6    demonstrating linguistic competence. No later than January
7    2024, the Department shall authorize at least one if not
8    more community colleges in the regions involving the
9    counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
10    Will, Sangamon, and 5 other geographically distributed
11    counties within the State to pre-test and certify
12    linguistic ability, and such certifications by candidates
13    shall be presumed to satisfy the linguistic ability
14    requirements for the job position. Such policies, program
15    reports and needs assessment reports, as well as
16    linguistic certification standards, shall be filed with
17    the General Assembly by January 1 of each year and shall be
18    available to the public.
19        The Department shall include within the report
20    required above the number of persons receiving the
21    bilingual pay supplement established by Section 8a.2 of
22    this Code. The report shall provide the number of persons
23    receiving the bilingual pay supplement for languages other
24    than English and for signing. The report shall also
25    indicate the number of persons, by the categories of
26    Hispanic and non-Hispanic, who are receiving the bilingual



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1    pay supplement for language skills other than signing, in
2    a language other than English.
3        (7) To conduct negotiations affecting pay, hours of
4    work, or other working conditions of employees subject to
5    this Act.
6        (8) To make continuing studies to improve the
7    efficiency of State services to the residents of Illinois,
8    including but not limited to those who are non-English
9    speaking or culturally distinct, and to report his
10    findings and recommendations to the Commission and the
11    Governor.
12        (9) To investigate from time to time the operation and
13    effect of this law and the rules made thereunder and to
14    report his findings and recommendations to the Commission
15    and to the Governor.
16        (10) To make an annual report regarding the work of
17    the Department, and such special reports as he may
18    consider desirable, to the Commission and to the Governor,
19    or as the Governor or Commission may request.
20        (11) To make continuing studies to encourage State
21    employment for persons with disabilities, including, but
22    not limited to, the Successful Disability Opportunities
23    Program. (Blank).
24        (12) To make available, on the CMS website or its
25    equivalent, no less frequently than quarterly, information
26    regarding all exempt positions in State service and



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1    information showing the number of employees who are exempt
2    from merit selection and non-exempt from merit selection
3    in each department. To prepare and publish a semi-annual
4    statement showing the number of employees exempt and
5    non-exempt from merit selection in each department. This
6    report shall be in addition to other information on merit
7    selection maintained for public information under existing
8    law.
9        (13) To establish policies to increase the flexibility
10    of the State workforce for every department or agency
11    subject to Jurisdiction C, including the use of flexible
12    time, location, workloads, and positions. The Director and
13    the director of each department or agency shall together
14    establish quantifiable goals to increase workforce
15    flexibility in each department or agency. To authorize in
16    every department or agency subject to Jurisdiction C the
17    use of flexible hours positions. A flexible hours position
18    is one that does not require an ordinary work schedule as
19    determined by the Department and includes but is not
20    limited to: 1) a part time job of 20 hours or more per
21    week, 2) a job which is shared by 2 employees or a
22    compressed work week consisting of an ordinary number of
23    working hours performed on fewer than the number of days
24    ordinarily required to perform that job. The Department
25    may define flexible time to include other types of jobs
26    that are defined above.



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1        The Director and the director of each department or
2    agency shall together establish goals for flexible hours
3    positions to be available in every department or agency.
4        The Department shall give technical assistance to
5    departments and agencies in achieving their goals, and
6    shall report to the Governor and the General Assembly each
7    year on the progress of each department and agency.
8        When a goal of 10% of the positions in a department or
9    agency being available on a flexible hours basis has been
10    reached, the Department shall evaluate the effectiveness
11    and efficiency of the program and determine whether to
12    expand the number of positions available for flexible
13    hours to 20%.
14        When a goal of 20% of the positions in a department or
15    agency being available on a flexible hours basis has been
16    reached, the Department shall evaluate the effectiveness
17    and efficiency of the program and determine whether to
18    expand the number of positions available for flexible
19    hours.
20        Each department shall develop a plan for
21    implementation of flexible work requirements designed to
22    reduce the need for day care of employees' children
23    outside the home. Each department shall submit a report of
24    its plan to the Department of Central Management Services
25    and the General Assembly. This report shall be submitted
26    biennially by March 1, with the first report due March 1,



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1    1993.
2        (14) To perform any other lawful acts which he may
3    consider necessary or desirable to carry out the purposes
4    and provisions of this law.
5        (15) When a vacancy rate is greater than or equal to
6    10% for a given position, the Department shall review the
7    educational and other requirements for the position to
8    determine if modifications need to be made.
9    The requirement for reporting to the General Assembly
10shall be satisfied by filing copies of the report as required
11by Section 3.1 of the General Assembly Organization Act, and
12filing such additional copies with the State Government Report
13Distribution Center for the General Assembly as is required
14under paragraph (t) of Section 7 of the State Library Act.
15(Source: P.A. 102-952, eff. 1-1-23.)
16    (20 ILCS 415/10)  (from Ch. 127, par. 63b110)
17    Sec. 10. Duties and powers of the Commission. The Civil
18Service Commission shall have duties and powers as follows:
19        (1) Upon written recommendations by the Director of
20    the Department of Central Management Services to exempt
21    from jurisdiction B of this Act positions which, in the
22    judgment of the Commission, involve either principal
23    administrative responsibility for the determination of
24    policy or principal administrative responsibility for the
25    way in which policies are carried out. This authority may



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1    not be exercised, however, with respect to the position of
2    Assistant Director of Healthcare and Family Services in
3    the Department of Healthcare and Family Services.
4        (2) To require such special reports from the Director
5    as it may consider desirable.
6        (3) To disapprove original rules or any part thereof
7    within 45 90 days and any amendment thereof within 30 days
8    after the submission of such rules to the Civil Service
9    Commission by the Director, and to disapprove any
10    amendments thereto in the same manner. The Commission's
11    review of original rules or amendments may run
12    concurrently with review conducted by the Joint Committee
13    on Administrative Rules.
14        (4) To approve or disapprove within 60 days from date
15    of submission the position classification plan submitted
16    by the Director as provided in the rules, and any
17    revisions thereof within 30 days from the date of
18    submission.
19        (5) To hear appeals of employees who do not accept the
20    allocation of their positions under the position
21    classification plan.
22        (6) To hear and determine written charges filed
23    seeking the discharge, demotion of employees and
24    suspension totaling more than thirty days in any 12-month
25    period, as provided in Section 11 hereof, and appeals from
26    transfers from one geographical area in the State to



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1    another, and in connection therewith to administer oaths,
2    subpoena witnesses, and compel the production of books and
3    papers.
4        (7) The fees of subpoenaed witnesses under this Act
5    for attendance and travel shall be the same as fees of
6    witnesses before the circuit courts of the State, such
7    fees to be paid when the witness is excused from further
8    attendance. Whenever a subpoena is issued the Commission
9    may require that the cost of service and the fee of the
10    witness shall be borne by the party at whose insistence
11    the witness is summoned. The Commission has the power, at
12    its discretion, to require a deposit from such party to
13    cover the cost of service and witness fees and the payment
14    of the legal witness fee and mileage to the witness served
15    with the subpoena. A subpoena issued under this Act shall
16    be served in the same manner as a subpoena issued out of a
17    court.
18        Upon the failure or refusal to obey a subpoena, a
19    petition shall be prepared by the party serving the
20    subpoena for enforcement in the circuit court of the
21    county in which the person to whom the subpoena was
22    directed either resides or has his or her principal place
23    of business.
24        Not less than five days before the petition is filed
25    in the appropriate court, it shall be served on the person
26    along with a notice of the time and place the petition is



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1    to be presented.
2        Following a hearing on the petition, the circuit court
3    shall have jurisdiction to enforce subpoenas issued
4    pursuant to this Section.
5        On motion and for good cause shown the Commission may
6    quash or modify any subpoena.
7        (8) To make an annual report regarding the work of the
8    Commission to the Governor, such report to be a public
9    report.
10        (9) If any violation of this Act is found, the
11    Commission shall direct compliance in writing.
12        (10) To appoint a full-time executive secretary and
13    such other employees, experts, and special assistants as
14    may be necessary to carry out the powers and duties of the
15    Commission under this Act and employees, experts, and
16    special assistants so appointed by the Commission shall be
17    subject to the provisions of jurisdictions A, B and C of
18    this Act. These powers and duties supersede any contrary
19    provisions herein contained.
20        (11) To make rules to carry out and implement their
21    powers and duties under this Act, with authority to amend
22    such rules from time to time.
23        (12) To hear or conduct investigations as it deems
24    necessary of appeals of layoff filed by employees
25    appointed under Jurisdiction B after examination provided
26    that such appeals are filed within 15 calendar days



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1    following the effective date of such layoff and are made
2    on the basis that the provisions of the Personnel Code or
3    of the Rules of the Department of Central Management
4    Services relating to layoff have been violated or have not
5    been complied with.
6        All hearings shall be public. A decision shall be
7    rendered within 60 days after receipt of the transcript of
8    the proceedings. The Commission shall order the
9    reinstatement of the employee if it is proven that the
10    provisions of the Personnel Code or of the rules of the
11    Department of Central Management Services relating to
12    layoff have been violated or have not been complied with.
13    In connection therewith the Commission may administer
14    oaths, subpoena witnesses, and compel the production of
15    books and papers.
16        (13) Whenever the Civil Service Commission is
17    authorized or required by law to consider some aspect of
18    criminal history record information for the purpose of
19    carrying out its statutory powers and responsibilities,
20    then, upon request and payment of fees in conformance with
21    the requirements of Section 2605-400 of the Illinois State
22    Police Law, the Illinois State Police is authorized to
23    furnish, pursuant to positive identification, such
24    information contained in State files as is necessary to
25    fulfill the request.
26(Source: P.A. 102-538, eff. 8-20-21.)



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1    (20 ILCS 415/12f)
2    Sec. 12f. Layoff of employees whose positions are not
3subject to collective bargaining agreements. Merit
4compensation/salary grade employees; layoffs.
5    (a) Each State agency shall make every attempt to minimize
6the number of its employees that are laid off. In an effort to
7minimize layoffs, each merit compensation/salary grade
8employee who is subject to layoff shall be offered any vacant
9positions for the same title held by that employee within the
10same agency and county from which the employee is subject to
11layoff and within 2 additional alternate counties designated
12by the employee (or 3 additional counties if the employee's
13facility or office is closing), excluding titles that are
14subject to collective bargaining. If no such vacancies exist,
15then the employee shall be eligible for reemployment for a
16period of 3 years, commencing with the date of layoff. The
17Department may adopt rules and implement procedures for
18reemployment placed on the agency's reemployment list for (i)
19the title from which the employee was laid off and (ii) any
20other titles or successor titles previously held by that
21employee in which the employee held certified status within
22the county from which the employee was laid off and within 2
23additional alternate counties designated by the employee (or 3
24additional counties if the employee's facility or office is
25closing), excluding titles that are subject to collective



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1bargaining. Laid-off employees shall remain on a reemployment
2list for 3 years, commencing with the date of layoff.
3    (b) Merit compensation/salary grade employees who are laid
4off shall be extended the same medical and dental insurance
5benefits to which employees laid off from positions subject to
6collective bargaining are entitled and on the same terms.
7    (c) Employees laid off from merit compensation/salary
8grade positions may apply to be qualified for any titles
9subject to collective bargaining.
10    (d) Merit compensation/salary grade employees subject to
11layoff shall be given 30 days' notice of the layoff.
12Information about all A list of all current vacancies of all
13titles within the agency shall be provided to the employee
14with the notice of the layoff.
15(Source: P.A. 93-839, eff. 7-30-04.)
16    (20 ILCS 415/13)  (from Ch. 127, par. 63b113)
17    Sec. 13. Unlawful acts prohibited.
18    (1) No person shall make any false statement, certificate,
19mark, rating, or report with regard to any test,
20certification, or appointment made under any provision of this
21law, or in any manner commit or attempt to commit any fraud
22preventing the impartial execution of this law and the rules.
23    (2) No person shall, directly or indirectly, give, render,
24pay, offer, solicit, or accept any money, service, or other
25valuable consideration for or on account of any appointment,



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1proposed appointment, promotion, or proposed promotion to, or
2any advantage in, a position in the State service.
3    (3) No person shall defeat, deceive, or obstruct any
4person in his right to a qualification assessment examination,
5eligibility, certification, or appointment under this law, or
6furnish to any person any special or secret information for
7the purpose of affecting the rights or prospects of any person
8with respect to employment in the State service.
9    (4) No person may enter into any agreement under which a
10State employee is offered or assured of re-employment in the
11same department or agency after the employee's resignation
12from State employment for the purpose of receiving payment for
13accrued vacation, overtime, sick leave or personal leave, or
14for the purpose of receiving a refund of the employee's
15accumulated pension contributions.
16(Source: P.A. 87-384.)
17    (20 ILCS 415/14)  (from Ch. 127, par. 63b114)
18    Sec. 14. Records of the Department of Central Management
19Services. The records of the Department, including original
20and promotional eligible registers, except such records as the
21rules may properly require to be held confidential for reasons
22of public policy, shall be public records and shall be open to
23public inspection, subject to reasonable regulations as to the
24time and manner of inspection which may be prescribed by the



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1(Source: P.A. 85-1152.)
2    (20 ILCS 415/17a)  (from Ch. 127, par. 63b117a)
3    Sec. 17a. Appointment of federal employees to State
4positions. At the discretion of the Director of Central
5Management Services, any certified or probationary employee of
6any Federal office, agency or institution in the State of
7Illinois which is closed by the Federal Government may be
8appointed to a comparable position in State service, without
9competitive selection examination. Such persons will attain
10certified status provided they pass a qualifying examination
11prescribed by the Director within 6 months after being so
12appointed, and provided they thereafter satisfactorily
13complete their respective probationary periods. Such
14qualifying examinations shall be of the same kind as those
15required for entrance examinations for comparable positions.
16Appointments of such employees shall be without regard to the
17competitive selection process eligible lists and without
18regard to the provisions of this Code requiring the
19appointment of the person standing among the three highest on
20the appropriate eligible list to fill a vacancy or from the
21highest category ranking group if the list is by rankings
22instead of numerical ratings. Nothing herein shall preclude
23the reclassification or reallocation as provided by this Act
24of any position held by any person appointed pursuant to this



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1(Source: P.A. 82-789.)
2    (20 ILCS 415/17b)
3    Sec. 17b. Trainee program for persons with a disability.
4    (a) Notwithstanding any other provision of law, on and
5after July 1, 2020, each State agency with 1,500 employees or
6more shall, and each executive branch constitutional officer
7may, offer at least one position per year to be filled by a
8person with a disability, as defined by the federal Americans
9with Disabilities Act, through an established trainee program.
10Agencies with fewer than 1,500 employees may also elect to
11participate in the program. The trainee position shall last
12for a period of at least 6 months and shall require the trainee
13to participate in the trainee program for at least 20 hours per
14week. The program shall be administered by the Department of
15Central Management Services. The Department of Central
16Management Services shall conduct an initial assessment of
17potential candidates, and the hiring agency or officer shall
18conduct a final assessment interview. Upon successful
19completion of the trainee program, the respective agency or
20officer shall certify issue a certificate of completion of the
21trainee program, with final approval provided by which shall
22be sent to the Department of Central Management Services for
23final approval. Individuals who successfully complete a
24trainee appointment under this Section are eligible for
25promotion to the target title without further examination. The



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1Department of Central Management Services, in cooperation with
2the Employment and Economic Opportunity for Persons with
3Disabilities Task Force, may shall adopt rules to implement
4and administer the trainee program for persons with
5disabilities, including, but not limited to, establishing
6non-political selection criteria, implementing an assessment
7and interview process, if necessary, that accommodates persons
8with a disability, and linking trainee programs to targeted
9full-time position titles.
10    (b) The Employment and Economic Opportunity for Persons
11with Disabilities Task Force shall prepare an annual report to
12be submitted to the Governor and the General Assembly that
13includes: (1) best practices for helping persons with a
14disability gain employment; (2) proposed rules for adoption by
15the Department of Central Management Services for the
16administration and implementation of the trainee program under
17this Section; (3) the number of agencies that participated in
18the trainee program under this Section in the previous
19calendar year; and (4) the number of individuals who
20participated in the trainee program who became full-time
21employees of the State at the conclusion of the trainee
23(Source: P.A. 101-533, eff. 8-23-19.)
24    (20 ILCS 415/8b.5-1 rep.)
25    (20 ILCS 415/8d.1 rep.)



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1    (20 ILCS 415/12a rep.)
2    (20 ILCS 415/12b rep.)
3    (20 ILCS 415/12c rep.)
4    (20 ILCS 415/17 rep.)
5    Section 15. The Personnel Code is amended by repealing
6Sections 8b.5-1, 8d.1, 12a, 12b, 12c, and 17.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".