Full Text of HB4740 102nd General Assembly
HB4740enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Personnel Code is amended by changing | 5 | | Sections 8a.2 and 9 as follows:
| 6 | | (20 ILCS 415/8a.2) (from Ch. 127, par. 63b108a.2)
| 7 | | Sec. 8a.2.
For the purposes of the pay plan established | 8 | | under Section
8a of this Code, the Director may establish a | 9 | | special pay supplement for
those positions of employment that | 10 | | require, pursuant to the Department's
official classification | 11 | | specification, that a person employed in that
position speak | 12 | | or write a language other than English. Positions paid
under | 13 | | Section 8a of this Code may be eligible for a bilingual pay
| 14 | | supplement to attract bilingual individuals, to encourage | 15 | | present employees
to become proficient in languages other than | 16 | | English, or to retain qualified
bilingual employees. | 17 | | The positions eligible for a bilingual pay
supplement, the | 18 | | amount of the supplement and the length of time it remains
in | 19 | | effect shall be negotiated between the Department and the | 20 | | appropriate
collective bargaining representative as determined | 21 | | under the Illinois Public
Labor Relations Act. The bilingual | 22 | | pay supplement may be negotiated for
each foreign language | 23 | | required for the position by the Department's
official |
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| 1 | | classification specification.
| 2 | | A bilingual pay supplement shall be processed within 30 | 3 | | calendar days after the employee presents to the Director, or | 4 | | the Director's designee for this purpose, a certification from | 5 | | either: (i) the designated testing program process selected by | 6 | | the Director; or (ii) an Illinois community college confirming | 7 | | that language skill proficiency in reading, writing, and | 8 | | speaking has been satisfied by the employee. | 9 | | (Source: P.A. 86-1427.)
| 10 | | (20 ILCS 415/9) (from Ch. 127, par. 63b109)
| 11 | | Sec. 9. Director, powers and duties. The Director, as | 12 | | executive
head of the Department, shall direct and supervise | 13 | | all its
administrative and technical activities. In addition | 14 | | to the duties
imposed upon him elsewhere in this law, it shall | 15 | | be his duty:
| 16 | | (1) To apply and carry out this law and the rules | 17 | | adopted
thereunder.
| 18 | | (2) To attend meetings of the Commission.
| 19 | | (3) To establish and maintain a roster of all | 20 | | employees subject to
this Act, in which there shall be set | 21 | | forth, as to each employee, the
class, title, pay, status, | 22 | | and other pertinent data.
| 23 | | (4) To appoint, subject to the provisions of this Act, | 24 | | such
employees of the Department and such experts and | 25 | | special assistants as
may be necessary to carry out |
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| 1 | | effectively this law.
| 2 | | (5) Subject to such exemptions or modifications as may | 3 | | be necessary
to assure the continuity of federal | 4 | | contributions in those agencies
supported in whole or in | 5 | | part by federal funds, to make appointments to
vacancies; | 6 | | to approve all written charges seeking discharge, | 7 | | demotion,
or other disciplinary measures provided in this | 8 | | Act and to approve
transfers of employees from one | 9 | | geographical area to another in the
State, in offices, | 10 | | positions or places of employment covered by this
Act, | 11 | | after consultation with the operating unit.
| 12 | | (6) To formulate and administer service wide policies | 13 | | and programs
for the improvement of employee | 14 | | effectiveness, including training,
safety, health, | 15 | | incentive recognition, counseling, welfare and employee
| 16 | | relations. The Department shall formulate and administer | 17 | | recruitment
plans and testing of potential employees for | 18 | | agencies having direct
contact with significant numbers of | 19 | | non-English speaking or otherwise
culturally distinct | 20 | | persons. The Department shall require each State agency
to | 21 | | annually assess the need for employees with appropriate | 22 | | bilingual
capabilities to serve the significant numbers of | 23 | | non-English speaking or
culturally distinct persons. The | 24 | | Department shall develop a uniform
procedure for assessing | 25 | | an agency's need for employees with appropriate
bilingual | 26 | | capabilities. Agencies shall establish occupational titles |
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| 1 | | or
designate positions as "bilingual option" for persons | 2 | | having sufficient
linguistic ability or cultural knowledge | 3 | | to be able to render effective
service to such persons. | 4 | | The Department shall ensure that any such option
is | 5 | | exercised according to the agency's needs assessment and | 6 | | the
requirements of this Code. The Department shall make | 7 | | annual reports of the
needs assessment of each agency and | 8 | | the number of positions calling for
non-English linguistic | 9 | | ability to whom vacancy postings were sent, and the
number | 10 | | filled by each agency. Such policies and programs shall be | 11 | | subject
to approval by the Governor , provided that for | 12 | | needs that require a certain linguistic ability that: (i) | 13 | | have not been met for a posted position for a period of at | 14 | | least one year; or (ii) arise when an individual's health | 15 | | or safety would be placed in immediate risk, the | 16 | | Department shall accept certifications of linguistic | 17 | | competence from pre-approved third parties. To facilitate | 18 | | expanding the scope of sources to demonstrate linguistic | 19 | | competence, the Department shall issue standards for | 20 | | demonstrating linguistic competence. No later than January | 21 | | 2024, the Department shall authorize at least one if not | 22 | | more community colleges in the regions involving the | 23 | | counties of Cook, Lake, McHenry, Kane, DuPage, Kendall, | 24 | | Will, Sangamon, and 5 other geographically distributed | 25 | | counties within the State to pre-test and certify | 26 | | linguistic ability, and such certifications by candidates |
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| 1 | | shall be presumed to satisfy the linguistic ability | 2 | | requirements for the job position . Such policies, program | 3 | | reports and needs
assessment reports , as well as | 4 | | linguistic certification standards, shall be filed with | 5 | | the General Assembly
by January 1 of each year and shall be | 6 | | available to the public.
| 7 | | The Department shall include within the report | 8 | | required above
the number of persons receiving the | 9 | | bilingual pay supplement established by
Section 8a.2 of | 10 | | this Code. The report shall provide the number of persons
| 11 | | receiving the bilingual pay supplement for languages other | 12 | | than English and for
signing. The report shall also | 13 | | indicate the number of persons, by the
categories of | 14 | | Hispanic and non-Hispanic, who are receiving the bilingual | 15 | | pay
supplement for language skills other than signing, in | 16 | | a language other than
English.
| 17 | | (7) To conduct negotiations affecting pay, hours of | 18 | | work, or other
working conditions of employees subject to | 19 | | this Act.
| 20 | | (8) To make continuing studies to improve the | 21 | | efficiency of State
services to the residents of Illinois, | 22 | | including but not limited to those
who are non-English | 23 | | speaking or culturally distinct, and to report his
| 24 | | findings and recommendations to the Commission and the | 25 | | Governor.
| 26 | | (9) To investigate from time to time the operation and |
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| 1 | | effect of
this law and the rules made thereunder and to | 2 | | report his findings and
recommendations to the Commission | 3 | | and to the
Governor.
| 4 | | (10) To make an annual report regarding the work of | 5 | | the Department,
and such special reports as he may | 6 | | consider desirable, to the Commission
and to the Governor, | 7 | | or as the Governor or Commission may request.
| 8 | | (11) (Blank).
| 9 | | (12) To prepare and publish a semi-annual statement | 10 | | showing the
number of employees exempt and non-exempt from | 11 | | merit selection in each
department. This report shall be | 12 | | in addition to other information on
merit selection | 13 | | maintained for public information under existing law.
| 14 | | (13) To authorize in every department or agency | 15 | | subject to
Jurisdiction C the use of flexible hours | 16 | | positions. A flexible hours
position is one that does not | 17 | | require an ordinary work schedule as
determined by the | 18 | | Department and includes but is not limited to: 1) a
part | 19 | | time job of 20 hours or more per week, 2) a job which is | 20 | | shared by
2 employees or a compressed work week consisting | 21 | | of an ordinary number
of working hours performed on fewer | 22 | | than the number of days ordinarily
required to perform | 23 | | that job. The Department may define flexible time
to | 24 | | include other types of jobs that are defined above.
| 25 | | The Director and the director of each department or | 26 | | agency shall
together establish goals for flexible hours |
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| 1 | | positions to be available in
every department or agency.
| 2 | | The Department shall give technical assistance to | 3 | | departments and
agencies in achieving their goals, and | 4 | | shall report to the Governor and
the General Assembly each | 5 | | year on the progress of each department and
agency.
| 6 | | When a goal of 10% of the positions in a department or | 7 | | agency being
available on a flexible hours basis has been | 8 | | reached, the Department
shall evaluate the effectiveness | 9 | | and efficiency of the program and
determine whether to | 10 | | expand the number of positions available for
flexible | 11 | | hours to 20%.
| 12 | | When a goal of 20% of the positions in a department or | 13 | | agency being
available on a flexible hours basis has been | 14 | | reached, the Department
shall evaluate the effectiveness | 15 | | and efficiency of the program and
determine whether to | 16 | | expand the number of positions available for
flexible | 17 | | hours.
| 18 | | Each department shall develop a plan for | 19 | | implementation of flexible
work requirements designed to | 20 | | reduce the need for day care of employees'
children | 21 | | outside the home. Each department shall submit a report of | 22 | | its
plan to the Department of Central Management Services | 23 | | and the General
Assembly. This report shall be submitted | 24 | | biennially by March 1, with the
first report due March 1, | 25 | | 1993.
| 26 | | (14) To perform any other lawful acts which he may |
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| 1 | | consider
necessary or desirable to carry out the purposes | 2 | | and provisions of this
law.
| 3 | | The requirement for reporting to the General Assembly | 4 | | shall be satisfied
by filing copies of the report as required | 5 | | by Section 3.1 of the General Assembly Organization Act, and
| 6 | | filing such additional copies with the State Government Report | 7 | | Distribution
Center for the General Assembly as is required | 8 | | under paragraph (t) of
Section 7 of the State Library Act.
| 9 | | (Source: P.A. 100-1148, eff. 12-10-18.)
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