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Public Act 102-0952


 

Public Act 0952 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0952
 
HB4740 EnrolledLRB102 25192 RJF 34457 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Personnel Code is amended by changing
Sections 8a.2 and 9 as follows:
 
    (20 ILCS 415/8a.2)  (from Ch. 127, par. 63b108a.2)
    Sec. 8a.2. For the purposes of the pay plan established
under Section 8a of this Code, the Director may establish a
special pay supplement for those positions of employment that
require, pursuant to the Department's official classification
specification, that a person employed in that position speak
or write a language other than English. Positions paid under
Section 8a of this Code may be eligible for a bilingual pay
supplement to attract bilingual individuals, to encourage
present employees to become proficient in languages other than
English, or to retain qualified bilingual employees.
    The positions eligible for a bilingual pay supplement, the
amount of the supplement and the length of time it remains in
effect shall be negotiated between the Department and the
appropriate collective bargaining representative as determined
under the Illinois Public Labor Relations Act. The bilingual
pay supplement may be negotiated for each foreign language
required for the position by the Department's official
classification specification.
    A bilingual pay supplement shall be processed within 30
calendar days after the employee presents to the Director, or
the Director's designee for this purpose, a certification from
either: (i) the designated testing program process selected by
the Director; or (ii) an Illinois community college confirming
that language skill proficiency in reading, writing, and
speaking has been satisfied by the employee.
(Source: P.A. 86-1427.)
 
    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
    Sec. 9. Director, powers and duties. The Director, as
executive head of the Department, shall direct and supervise
all its administrative and technical activities. In addition
to the duties imposed upon him elsewhere in this law, it shall
be his duty:
        (1) To apply and carry out this law and the rules
    adopted thereunder.
        (2) To attend meetings of the Commission.
        (3) To establish and maintain a roster of all
    employees subject to this Act, in which there shall be set
    forth, as to each employee, the class, title, pay, status,
    and other pertinent data.
        (4) To appoint, subject to the provisions of this Act,
    such employees of the Department and such experts and
    special assistants as may be necessary to carry out
    effectively this law.
        (5) Subject to such exemptions or modifications as may
    be necessary to assure the continuity of federal
    contributions in those agencies supported in whole or in
    part by federal funds, to make appointments to vacancies;
    to approve all written charges seeking discharge,
    demotion, or other disciplinary measures provided in this
    Act and to approve transfers of employees from one
    geographical area to another in the State, in offices,
    positions or places of employment covered by this Act,
    after consultation with the operating unit.
        (6) To formulate and administer service wide policies
    and programs for the improvement of employee
    effectiveness, including training, safety, health,
    incentive recognition, counseling, welfare and employee
    relations. The Department shall formulate and administer
    recruitment plans and testing of potential employees for
    agencies having direct contact with significant numbers of
    non-English speaking or otherwise culturally distinct
    persons. The Department shall require each State agency to
    annually assess the need for employees with appropriate
    bilingual capabilities to serve the significant numbers of
    non-English speaking or culturally distinct persons. The
    Department shall develop a uniform procedure for assessing
    an agency's need for employees with appropriate bilingual
    capabilities. Agencies shall establish occupational titles
    or designate positions as "bilingual option" for persons
    having sufficient linguistic ability or cultural knowledge
    to be able to render effective service to such persons.
    The Department shall ensure that any such option is
    exercised according to the agency's needs assessment and
    the requirements of this Code. The Department shall make
    annual reports of the needs assessment of each agency and
    the number of positions calling for non-English linguistic
    ability to whom vacancy postings were sent, and the number
    filled by each agency. Such policies and programs shall be
    subject to approval by the Governor, provided that for
    needs that require a certain linguistic ability that: (i)
    have not been met for a posted position for a period of at
    least one year; or (ii) arise when an individual's health
    or safety would be placed in immediate risk, the
    Department shall accept certifications of linguistic
    competence from pre-approved third parties. To facilitate
    expanding the scope of sources to demonstrate linguistic
    competence, the Department shall issue standards for
    demonstrating linguistic competence. No later than January
    2024, the Department shall authorize at least one if not
    more community colleges in the regions involving the
    counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
    Will, Sangamon, and 5 other geographically distributed
    counties within the State to pre-test and certify
    linguistic ability, and such certifications by candidates
    shall be presumed to satisfy the linguistic ability
    requirements for the job position. Such policies, program
    reports and needs assessment reports, as well as
    linguistic certification standards, shall be filed with
    the General Assembly by January 1 of each year and shall be
    available to the public.
        The Department shall include within the report
    required above the number of persons receiving the
    bilingual pay supplement established by Section 8a.2 of
    this Code. The report shall provide the number of persons
    receiving the bilingual pay supplement for languages other
    than English and for signing. The report shall also
    indicate the number of persons, by the categories of
    Hispanic and non-Hispanic, who are receiving the bilingual
    pay supplement for language skills other than signing, in
    a language other than English.
        (7) To conduct negotiations affecting pay, hours of
    work, or other working conditions of employees subject to
    this Act.
        (8) To make continuing studies to improve the
    efficiency of State services to the residents of Illinois,
    including but not limited to those who are non-English
    speaking or culturally distinct, and to report his
    findings and recommendations to the Commission and the
    Governor.
        (9) To investigate from time to time the operation and
    effect of this law and the rules made thereunder and to
    report his findings and recommendations to the Commission
    and to the Governor.
        (10) To make an annual report regarding the work of
    the Department, and such special reports as he may
    consider desirable, to the Commission and to the Governor,
    or as the Governor or Commission may request.
        (11) (Blank).
        (12) To prepare and publish a semi-annual statement
    showing the number of employees exempt and non-exempt from
    merit selection in each department. This report shall be
    in addition to other information on merit selection
    maintained for public information under existing law.
        (13) To authorize in every department or agency
    subject to Jurisdiction C the use of flexible hours
    positions. A flexible hours position is one that does not
    require an ordinary work schedule as determined by the
    Department and includes but is not limited to: 1) a part
    time job of 20 hours or more per week, 2) a job which is
    shared by 2 employees or a compressed work week consisting
    of an ordinary number of working hours performed on fewer
    than the number of days ordinarily required to perform
    that job. The Department may define flexible time to
    include other types of jobs that are defined above.
        The Director and the director of each department or
    agency shall together establish goals for flexible hours
    positions to be available in every department or agency.
        The Department shall give technical assistance to
    departments and agencies in achieving their goals, and
    shall report to the Governor and the General Assembly each
    year on the progress of each department and agency.
        When a goal of 10% of the positions in a department or
    agency being available on a flexible hours basis has been
    reached, the Department shall evaluate the effectiveness
    and efficiency of the program and determine whether to
    expand the number of positions available for flexible
    hours to 20%.
        When a goal of 20% of the positions in a department or
    agency being available on a flexible hours basis has been
    reached, the Department shall evaluate the effectiveness
    and efficiency of the program and determine whether to
    expand the number of positions available for flexible
    hours.
        Each department shall develop a plan for
    implementation of flexible work requirements designed to
    reduce the need for day care of employees' children
    outside the home. Each department shall submit a report of
    its plan to the Department of Central Management Services
    and the General Assembly. This report shall be submitted
    biennially by March 1, with the first report due March 1,
    1993.
        (14) To perform any other lawful acts which he may
    consider necessary or desirable to carry out the purposes
    and provisions of this law.
    The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)

Effective Date: 1/1/2023