20 ILCS 405/ Civil Administrative Code of Illinois. (Department of Central Management Services Law)

(20 ILCS 405/Art. 405 heading) ARTICLE 405. DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

(20 ILCS 405/405-1)

Sec. 405-1. Article short title. This Article 405 of the Civil Administrative Code of Illinois may be cited as the Department of Central Management Services Law.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-5) (was 20 ILCS 405/35.2)

(Text of Section before amendment by P.A. 103-845)

Sec. 405-5. Definitions.

(a) In this Law:

"Department" means the Department of Central Management Services.

"Director" means the Director of Central Management Services.

(b) In paragraphs (1) and (2) of Section 405-10 and in Section 405-15, "State agency", whether used in the singular or plural, means all departments, officers, commissions, boards, institutions, and bodies politic and corporate of the State. The term, however, does not mean the judicial branch, including, without limitation, the several courts of the State, the offices of the clerk of the supreme court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts, nor does it mean the legislature or its committees or commissions.

(Source: P.A. 94-295, eff. 7-21-05.)

(Text of Section after amendment by P.A. 103-845)

Sec. 405-5. Definitions.

(a) In this Law:

"Department" means the Department of Central Management Services.

"Director" means the Director of Central Management Services.

(b) In paragraphs (1) and (2) of Section 405-10 and in Sections 405-15 and 405-545, "State agency", whether used in the singular or plural, means all departments, officers, commissions, boards, institutions, and bodies politic and corporate of the State. The term, however, does not mean the judicial branch, including, without limitation, the several courts of the State, the offices of the clerk of the supreme court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts, nor does it mean the legislature or its committees or commissions.

(Source: P.A. 103-845, eff. 7-1-25.)

(20 ILCS 405/405-10) (was 20 ILCS 405/35.3)

Sec. 405-10. Director's duties; State policy. It shall be the duty of the Director and the policy of the State of Illinois to do the following:

(1) Place financial responsibility on State agencies (as defined in subsection (b) of Section 405-5) and hold them accountable for the proper discharge of this responsibility.

(2) Require professional, accurate, and current accounting with the State agencies (as defined in subsection (b) of Section 405-5).

(3) Decentralize fiscal, procedural, and administrative operations to expedite the business of the State and to avoid expense, unwieldiness, inefficiency, and unnecessary duplication where decentralization is consistent with proper fiscal management.

(4) (Blank).

(Source: P.A. 100-611, eff. 7-20-18.)

(20 ILCS 405/405-15) (was 20 ILCS 405/35.4)

Sec. 405-15. Audits. The Department, when so requested by the Governor or the chief executive officer of a State agency, may perform internal audits, and procedural audits and in performing these responsibilities, the Department may examine the accounts of any organization, body, or agency receiving appropriations from the General Assembly, including all grantees and sub-grantees of grantor State agencies included within the scope of the audit. For purposes of this Section, "State agency" is defined as in subsection (b) of Section 405-5.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-20)

Sec. 405-20. (Repealed).

(Source: P.A. 100-23, eff. 7-6-17. Repealed by P.A. 100-611, eff. 7-20-18.)

(20 ILCS 405/405-22)

Sec. 405-22. (Repealed).

(Source: P.A. 92-505, eff. 12-20-01; 92-628, eff. 7-11-02. Repealed internally, eff. 7-1-02.)

(20 ILCS 405/405-25) (was 20 ILCS 405/67.34)

Sec. 405-25. Moneys made available by public or private entities. The Department may apply for, receive, expend, allocate, or disburse funds and moneys made available by public or private entities, including, but not limited to, contracts, private or public financial gifts, bequests, grants, or donations from individuals, corporations, foundations, or public or private institutions of higher learning. All funds received by the Department from these sources shall be deposited into the State treasury into a State trust fund to be held by the State Treasurer as ex officio custodian and subject to the Comptroller -- Treasurer, voucher -- warrant system. The funds shall be expended by the Department for purposes as indicated by the grantor, donor, or, in the case of funds or moneys given or donated for no specific purpose, for any purpose deemed appropriate by the Director in administering the responsibilities of the agency as set forth in the Personnel Code.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-30) (was 20 ILCS 405/67.20)

Sec. 405-30. Administrative Procedure Act applies. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and incorporated herein as though a part of this Law, and shall apply to all administrative rules and procedures of the Department.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-100) (was 20 ILCS 405/64)

Sec. 405-100. Administration of the Personnel Code. The Department shall have power to administer the Personnel Code.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-101)

Sec. 405-101. Positive action toward addressing systemic racism and barriers to increase workforce diversity in State employment.

(a) The Director will strive to do the following:

(1) identify statutes which impede access and opportunities for minorities and marginalized individuals to gain employment with the State of Illinois and seek legislation to change those statutes to remove barriers to employment; and

(2) identify policies which impede access and opportunities for minorities and marginalized individuals to gain employment with the State of Illinois and make changes to those policies to remove barriers to employment.

(b) For purposes of this Section, "positive action" means taking proactive leading action to identify statutes and policies which impede access and opportunity for minorities and marginalized individuals to gain employment with the State of Illinois and to seek legislation and make policy changes.

(Source: P.A. 102-617, eff. 1-1-22.)

(20 ILCS 405/405-105) (was 20 ILCS 405/64.1)

Sec. 405-105. Fidelity, surety, property, and casualty insurance. The Department shall establish and implement a program to coordinate the handling of all fidelity, surety, property, and casualty insurance exposures of the State and the departments, divisions, agencies, branches, and universities of the State. In performing this responsibility, the Department shall have the power and duty to do the following:

(1) Develop and maintain loss and exposure data on all State property.

(2) Study the feasibility of establishing a self-insurance plan for State property and prepare estimates of the costs of reinsurance for risks beyond the realistic limits of the self-insurance.

(3) Prepare a plan for centralizing the purchase of property and casualty insurance on State property under a master policy or policies and purchase the insurance contracted for as provided in the Illinois Purchasing Act.

(4) Evaluate existing provisions for fidelity bonds required of State employees and recommend changes that are appropriate commensurate with risk experience and the determinations respecting self-insurance or reinsurance so as to permit reduction of costs without loss of coverage.

(5) Investigate procedures for inclusion of school districts, public community college districts, and other units of local government in programs for the centralized purchase of insurance.

(6) Implement recommendations of the State Property Insurance Study Commission that the Department finds necessary or desirable in the performance of its powers and duties under this Section to achieve efficient and comprehensive risk management.

(7) Prepare and, in the discretion of the Director, implement a plan providing for the purchase of public liability insurance or for self-insurance for public liability or for a combination of purchased insurance and self-insurance for public liability (i) covering the State and drivers of motor vehicles owned, leased, or controlled by the State of Illinois pursuant to the provisions and limitations contained in the Illinois Vehicle Code, (ii) covering other public liability exposures of the State and its employees within the scope of their employment, and (iii) covering drivers of motor vehicles not owned, leased, or controlled by the State but used by a State employee on State business, in excess of liability covered by an insurance policy obtained by the owner of the motor vehicle or in excess of the dollar amounts that the Department shall determine to be reasonable. Any contract of insurance let under this Law shall be by bid in accordance with the procedure set forth in the Illinois Purchasing Act. Any provisions for self-insurance shall conform to subdivision (11).

The term "employee" as used in this subdivision (7) and in subdivision (11) means a person while in the employ of the State who is a member of the staff or personnel of a State agency, bureau, board, commission, committee, department, university, or college or who is a State officer, elected official, commissioner, member of or ex officio member of a State agency, bureau, board, commission, committee, department, university, or college, or a member of the National Guard while on active duty pursuant to orders of the Governor of the State of Illinois, or any other person while using a licensed motor vehicle owned, leased, or controlled by the State of Illinois with the authorization of the State of Illinois, provided the actual use of the motor vehicle is within the scope of that authorization and within the course of State service.

Subsequent to payment of a claim on behalf of an employee pursuant to this Section and after reasonable advance written notice to the employee, the Director may exclude the employee from future coverage or limit the coverage under the plan if (i) the Director determines that the claim resulted from an incident in which the employee was grossly negligent or had engaged in willful and wanton misconduct or (ii) the Director determines that the employee is no longer an acceptable risk based on a review of prior accidents in which the employee was at fault and for which payments were made pursuant to this Section.

The Director is authorized to promulgate administrative rules that may be necessary to establish and administer the plan.

Appropriations from the Road Fund shall be used to pay auto liability claims and related expenses involving employees of the Department of Transportation, the Illinois State Police, and the Secretary of State.

(8) Charge, collect, and receive from all other agencies of the State government fees or monies equivalent to the cost of purchasing the insurance.

(9) Establish, through the Director, charges for risk management services rendered to State agencies, officers, boards, commissions, and universities by the Department. The State agencies, officers, boards, commissions, and universities so charged shall reimburse the Department by vouchers drawn against their respective appropriations. The reimbursement shall be determined by the Director as amounts sufficient to reimburse the Department for expenditures incurred in rendering the service.

The Department shall charge the employing State agency, officer, board, commission, or university for workers' compensation payments for temporary total disability paid to any employee after the employee has received temporary total disability payments for 120 days if the employee's treating physician, advanced practice registered nurse, or physician assistant has issued a release to return to work with restrictions and the employee is able to perform modified duty work but the employing State agency, officer, board, commission, or university does not return the employee to work at modified duty. Modified duty shall be duties assigned that may or may not be delineated as part of the duties regularly performed by the employee. Modified duties shall be assigned within the prescribed restrictions established by the treating physician and the physician who performed the independent medical examination. The amount of all reimbursements shall be deposited into the Workers' Compensation Revolving Fund which is hereby created as a revolving fund in the State treasury. In addition to any other purpose authorized by law, moneys in the Fund shall be used, subject to appropriation, to pay these or other temporary total disability claims of employees of State agencies, officers, boards, commissions, and universities.

Beginning with fiscal year 1996, all amounts recovered by the Department through subrogation in workers' compensation and workers' occupational disease cases shall be deposited into the Workers' Compensation Revolving Fund created under this subdivision (9).

(10) Establish rules, procedures, and forms to be used by State agencies, officers, boards, commissions, and universities in the administration and payment of workers' compensation claims. For claims filed prior to July 1, 2013, the Department shall initially evaluate and determine the compensability of any injury that is the subject of a workers' compensation claim and provide for the administration and payment of such a claim for all State agencies, officers, boards, commissions, and universities. For claims filed on or after July 1, 2013, the Department shall retain responsibility for certain administrative payments including, but not limited to, payments to the private vendor contracted to perform services under subdivision (10b) of this Section, payments related to travel expenses for employees of the Office of the Attorney General, and payments to internal Department staff responsible for the oversight and management of any contract awarded pursuant to subdivision (10b) of this Section. Through December 31, 2012, the Director may delegate to any agency with the agreement of the agency head the responsibility for evaluation, administration, and payment of that agency's claims. Neither the Department nor the private vendor contracted to perform services under subdivision (10b) of this Section shall be responsible for providing workers' compensation services to the Illinois State Toll Highway Authority or to State universities that maintain self-funded workers' compensation liability programs.

(10a) By April 1 of each year prior to calendar year 2013, the Director must report and provide information to the State Workers' Compensation Program Advisory Board concerning the status of the State workers' compensation program for the next fiscal year. Information that the Director must provide to the State Workers' Compensation Program Advisory Board includes, but is not limited to, documents, reports of negotiations, bid invitations, requests for proposals, specifications, copies of proposed and final contracts or agreements, and any other materials concerning contracts or agreements for the program. By the first of each month prior to calendar year 2013, the Director must provide updated, and any new, information to the State Workers' Compensation Program Advisory Board until the State workers' compensation program for the next fiscal year is determined.

(10b) No later than January 1, 2013, the chief procurement officer appointed under paragraph (4) of subsection (a) of Section 10-20 of the Illinois Procurement Code (hereinafter "chief procurement officer"), in consultation with the Department of Central Management Services, shall procure one or more private vendors to administer the program providing payments for workers' compensation liability with respect to the employees of all State agencies, officers, boards, commissions, and universities. The chief procurement officer may procure a single contract applicable to all State agencies, officers, boards, commissions, and universities, or multiple contracts applicable to one or more State agencies, officers, boards, commissions, and universities. If the chief procurement officer procures a single contract applicable to all State agencies, officers, boards, commissions, and universities, then the Department of Central Management Services shall be designated as the agency that enters into the contract and shall be responsible for the contract. If the chief procurement officer procures multiple contracts applicable to one or more State agencies, officers, boards, commissions, and universities, each agency, officer, board, commission, or university to which the contract applies shall be designated as the agency, officer, board, commission, or university that shall enter into the contract and shall be responsible for the contract. If the chief procurement officer procures contracts applicable to an individual State agency, officer, board, commission, or university, the agency, officer, board, commission, or university subject to the contract shall be designated as the agency, officer, board, commission, or university responsible for the contract.

(10c) The procurement of private vendors for the administration of the workers' compensation program for State employees is subject to the provisions of the Illinois Procurement Code and administration by the chief procurement officer.

(10d) Contracts for the procurement of private vendors for the administration of the workers' compensation program for State employees shall be based upon, but limited to, the following criteria: (i) administrative cost, (ii) service capabilities of the vendor, and (iii) the compensation (including premiums, fees, or other charges). A vendor for the administration of the workers' compensation program for State employees shall provide services, including, but not limited to:

(A) providing a web-based case management system and provide access to the Office of the Attorney General;

(B) ensuring claims adjusters are available to provide testimony or information as requested by the Office of the Attorney General;

(C) establishing a preferred provider program for all State agencies, officers, boards, commissions, universities, and facilities; and

(D) authorizing the payment of medical bills at the preferred provider discount rate.

(10e) By September 15, 2012, the Department of Central Management Services shall prepare a plan to effectuate the transfer of responsibility and administration of the workers' compensation program for State employees to the selected private vendors. The Department shall submit a copy of the plan to the General Assembly.

(11) Any plan for public liability self-insurance implemented under this Section shall provide that (i) the Department shall attempt to settle and may settle any public liability claim filed against the State of Illinois or any public liability claim filed against a State employee on the basis of an occurrence in the course of the employee's State employment; (ii) any settlement of such a claim is not subject to fiscal year limitations and must be approved by the Director and, in cases of settlements exceeding $100,000, by the Governor; and (iii) a settlement of any public liability claim against the State or a State employee shall require an unqualified release of any right of action against the State and the employee for acts within the scope of the employee's employment giving rise to the claim.

Whenever and to the extent that a State employee operates a motor vehicle or engages in other activity covered by self-insurance under this Section, the State of Illinois shall defend, indemnify, and hold harmless the employee against any claim in tort filed against the employee for acts or omissions within the scope of the employee's employment in any proper judicial forum and not settled pursuant to this subdivision (11), provided that this obligation of the State of Illinois shall not exceed a maximum liability of $2,000,000 for any single occurrence in connection with the operation of a motor vehicle or $100,000 per person per occurrence for any other single occurrence, or $500,000 for any single occurrence in connection with the provision of medical care by a licensed physician, advanced practice registered nurse, or physician assistant employee.

Any claims against the State of Illinois under a self-insurance plan that are not settled pursuant to this subdivision (11) shall be heard and determined by the Court of Claims and may not be filed or adjudicated in any other forum. The Attorney General of the State of Illinois or the Attorney General's designee shall be the attorney with respect to all public liability self-insurance claims that are not settled pursuant to this subdivision (11) and therefore result in litigation. The payment of any award of the Court of Claims entered against the State relating to any public liability self-insurance claim shall act as a release against any State employee involved in the occurrence.

(12) Administer a plan the purpose of which is to make payments on final settlements or final judgments in accordance with the State Employee Indemnification Act. The plan shall be funded through appropriations from the General Revenue Fund specifically designated for that purpose, except that indemnification expenses for employees of the Department of Transportation, the Illinois State Police, and the Secretary of State, which result from the Road Fund portion of their normal operations, shall be paid from the Road Fund. The term "employee" as used in this subdivision (12) has the same meaning as under subsection (b) of Section 1 of the State Employee Indemnification Act. Subject to sufficient appropriation, the Director shall approve payment of any claim, without regard to fiscal year limitations, presented to the Director that is supported by a final settlement or final judgment when the Attorney General and the chief officer of the public body against whose employee the claim or cause of action is asserted certify to the Director that the claim is in accordance with the State Employee Indemnification Act and that they approve of the payment. In no event shall an amount in excess of $150,000 be paid from this plan to or for the benefit of any claimant.

(13) Administer a plan the purpose of which is to make payments on final settlements or final judgments for employee wage claims in situations where there was an appropriation relevant to the wage claim, the fiscal year and lapse period have expired, and sufficient funds were available to pay the claim. The plan shall be funded through appropriations from the General Revenue Fund specifically designated for that purpose.

Subject to sufficient appropriation, the Director is authorized to pay any wage claim presented to the Director that is supported by a final settlement or final judgment when the chief officer of the State agency employing the claimant certifies to the Director that the claim is a valid wage claim and that the fiscal year and lapse period have expired. Payment for claims that are properly submitted and certified as valid by the Director shall include interest accrued at the rate of 7% per annum from the forty-fifth day after the claims are received by the Department or 45 days from the date on which the amount of payment is agreed upon, whichever is later, until the date the claims are submitted to the Comptroller for payment. When the Attorney General has filed an appearance in any proceeding concerning a wage claim settlement or judgment, the Attorney General shall certify to the Director that the wage claim is valid before any payment is made. In no event shall an amount in excess of $150,000 be paid from this plan to or for the benefit of any claimant.

Nothing in Public Act 84-961 shall be construed to affect in any manner the jurisdiction of the Court of Claims concerning wage claims made against the State of Illinois.

(14) Prepare and, in the discretion of the Director, implement a program for self-insurance for official fidelity and surety bonds for officers and employees as authorized by the Official Bond Act.

(Source: P.A. 102-767, eff. 5-13-22.)

(20 ILCS 405/405-110) (was 20 ILCS 405/64.2)

Sec. 405-110. Federal tax-exempt benefits in lieu of salary or wages; flexible spending.

(a) The Department may, at the Director's discretion, establish and implement or approve plans whereby State employees and officers, including those of State universities and colleges, may enter into agreements with their employer to elect to receive, in lieu of salary or wages, benefits that are not taxable under the federal Internal Revenue Code. These agreements may include the acceptance of a reduction in earnings or the foregoing of an increase in earnings by an employee and the employer's payment of those amounts as employer contributions for benefits that the employee selects from a list of employee benefits offered by the employer.

(b) Prior to the establishment of a plan under subsection (a), the Director shall seek the advice of interested State agencies regarding the content and implementation of the plan.

(c) Selection of plan offerings under subsection (a) shall not be subject to the Illinois Purchasing Act.

(d) Benefits selected by employees in plans under subsection (a) shall be included in gross income for determination of pension base.

(e) To the extent allowable under federal law and regulations, the Department of Central Management Services must allow employees of State colleges and universities to participate in the Department's flexible spending program. The flexible spending program includes the dependent care assistance plan and the medical care assistance plan.

(Source: P.A. 95-457, eff. 1-1-08.)

(20 ILCS 405/405-115) (was 20 ILCS 405/64.3)

Sec. 405-115. State agency employees child care services. The Department shall administer the State Agency Employees Child Care Services Act.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/119)

Sec. 119. Workforce data reporting. The Department shall annually report to the General Assembly the following characteristics of the State's workforce:

(1) The average age of the workforce, broken out by agency.

(2) The average length of service of the workforce, broken out by agency.

(3) The number of funded vacancies, broken out by agency and broken out by month.

(4) The number of new hires, broken out by agency and broken out by month.

(5) The number of separated employees with less than 5 years of service, broken out by agency and broken out by month.

(6) The number of separated employees with at least 5 but less than 10 years of service, broken out by agency and broken out by month.

(7) The number of separated employees with at least 10 but less than 20 years of service, broken out by agency and broken out by month.

(8) The number of separated employees with at least 20 but less than 30 years of service, broken out by agency and broken out by month.

(9) The number of separated employees with at least 30 years of service, broken out by agency and broken out by month.

(Source: P.A. 103-457, eff. 1-1-24.)

(20 ILCS 405/405-120) (was 20 ILCS 405/67.29)

Sec. 405-120. Hispanic, Asian-American, and bilingual employees. The Department shall develop and implement plans to increase the number of Hispanics employed by State government and the number of bilingual persons employed in State government at supervisory, technical, professional, and managerial levels.

The Department shall prepare and revise annually a State Hispanic Employment Plan and a State Asian-American Employment Plan in consultation with individuals and organizations informed on these subjects, including the Hispanic Employment Plan Advisory Council and the Asian-American Employment Plan Advisory Council. The Department shall report to the General Assembly by February 1 of each year each State agency's activities in implementing the State Hispanic Employment Plan and the State Asian-American Employment Plan.

(Source: P.A. 97-856, eff. 7-27-12; 98-329, eff. 1-1-14; 98-756, eff. 7-16-14.)

(20 ILCS 405/405-121)

Sec. 405-121. Hispanic and Asian-American Employment Plan Advisory Councils. The Hispanic Employment Plan Advisory Council and the Asian-American Employment Plan Advisory Council are hereby created to examine, as applicable:

(1) the prevalence and impact of Hispanics and Asian-Americans employed by State government;

(2) the barriers faced by Hispanics and Asian-Americans who seek employment or promotional opportunities in State government; and

(3) possible incentives that could be offered to foster the employment of and the promotion of Hispanics and Asian-Americans in State government.

The Hispanic Employment Plan Advisory Council and the Asian-American Employment Plan Advisory Council shall each meet quarterly and independently to provide consultation to State agencies and the Department.

All members of the Hispanic Employment Plan Advisory Council and the Asian-American Employment Plan Advisory Council shall serve without compensation, but shall be reimbursed for their reasonable and necessary expenses from funds available for that purpose.

The Hispanic Employment Plan Advisory Council and the Asian-American Employment Plan Advisory Council shall each consist of 11 members, each of whom shall be a Latino or an Asian-American subject matter expert, respectively, and shall be appointed by the Governor.

The Hispanic Employment Plan Advisory Council shall have an ex-officio liaison member appointed by the Director or Secretary of each of the following agencies: the Department on Aging, Department of Children and Family Services, Department of Commerce and Economic Opportunity, Department of Corrections, Department of Employment Security, Department of Human Services, Department of Human Rights, Department of Healthcare and Family Services, Department of Public Health, and the Department of Transportation.

(Source: P.A. 97-856, eff. 7-27-12; 98-329, eff. 1-1-14.)

(20 ILCS 405/405-122)

Sec. 405-122. Employees with a disability. The Department, in cooperation with the Department of Human Services, the Department of Employment Security, and other agencies of State government shall develop and implement programs to increase the number of qualified employees with disabilities working in the State. The programs shall include provisions to increase the number of people with a disability hired for positions with specific job titles for which they have been assessed and met the qualifications. The Department shall conduct an annual presentation regarding the programs created under this Section, and each State agency shall designate one or more persons with hiring responsibilities to attend the presentation. The Department and the Department of Human Services must submit a report, annually, to the Governor and the General Assembly concerning their actions under this Section.

(Source: P.A. 103-108, eff. 6-27-23.)

(20 ILCS 405/405-123)

(Text of Section from P.A. 102-225)

Sec. 405-123. State agency interview panel diversity.

(a) Each State agency shall establish the goal of increasing diversity on interview panels in order to increase State employment opportunities provided to women, minority persons, and persons to which the goals of the following programs apply: (i) the African American Employment Plan; (ii) the Hispanic Employment Plan; (iii) the Asian American Employment Plan; (iv) the Native American Employment Plan; and (v) the requirements concerning employment of bilingual persons.

(b) Each State agency shall use in the interview process, if possible, persons that are representative of the persons specified under subsection (a) if the interview being conducted meets the following criteria:

(1) the hiring State agency implements an interview panel for the position consisting of 3 or more hiring personnel; or

(2) the hiring State agency implements a multi-round interview process consisting of 2 or more rounds for the position.

(c) Each State agency shall submit an annual report to the Department of Central Management Services concerning its actions under this Section, and the Department shall report annually on these actions through the employment plans specified under subsection (a). The report shall include the following:

(1) the number of applicants that were interviewed that are representative of the persons and employment plans specified under subsection (a);

(2) the number of interviews in which the hiring personnel and the applicant were both representative of the persons or employment plans specified under subsection (a); and

(3) the number of applicants that met the criteria of the persons and employment plans specified under subsection (a) that were hired by a State agency.

(d) The requirements of this Section shall not apply to State employment for job titles that are classified as Rutan-exempt, or for which political considerations may be taken into account when hiring personnel.

(Source: P.A. 102-225, eff. 1-1-22.)

(Text of Section from P.A. 102-617)

Sec. 405-123. State agency interview panel diversity.

(a) Each State agency shall establish the goal of increasing diversity on interview panels in order to increase State employment opportunities provided to women, minority persons, and persons to which the goals of the following programs apply: (i) the African American Employment Plan; (ii) the Hispanic Employment Plan; (iii) the Asian American Employment Plan; (iv) the Native American Employment Plan; and (v) the requirements concerning employment of bilingual persons.

(b) Each State agency shall use in the interview process, if possible, persons that are representative of the persons specified under subsection (a) if the interview being conducted meets the following criteria:

(1) the hiring State agency implements an interview panel for the position consisting of 3 or more panel members; or

(2) the hiring State agency implements a multi-round interview process consisting of 2 or more rounds for the position.

(c) Each State agency shall submit an annual report to the Department of Central Management Services concerning its actions under this Section, and the Department shall report annually on these actions through the employment plans specified under subsection (a). The report shall include the following:

(1) the number of applicants that were interviewed that are representative of the persons and employment plans specified under subsection (a);

(2) the number of interviews in which the hiring personnel and the applicant were both representative of the persons or employment plans specified under subsection (a); and

(3) the number of applicants that met the criteria of the persons and employment plans specified under subsection (a) that were hired by a State agency.

(d) The requirements of this Section shall not apply to State employment for job titles that are classified as Rutan-exempt, or for which political considerations may be taken into account when hiring personnel.

(Source: P.A. 102-617, eff. 1-1-22.)

(20 ILCS 405/405-124)

Sec. 405-124. Employees with child support payments. The Department shall increase State employment career counseling opportunities for individuals who are in arrears on their child support payments. The Department shall dedicate staff to consult with individuals and organizations informed on the subject of non-payment of child support to develop plans for the most effective career counseling opportunities for these individuals.

(Source: P.A. 102-617, eff. 1-1-22.)

(20 ILCS 405/405-125) (was 20 ILCS 405/67.31)

Sec. 405-125. State agency affirmative action and equal employment opportunity goals. Each State agency shall implement strategies and programs in accordance with the State Hispanic Employment Plan, the State Asian-American Employment Plan, and the Native American Employment Plan to increase the number of Hispanics employed by the State, the number of Asian-Americans employed by the State, the number of bilingual persons employed by the State, and the number of Native American persons employed by the State at supervisory, technical, professional, and managerial levels. Each State agency shall report annually to the Department and the Department of Human Rights, in a format prescribed by the Department, all of the agency's activities in implementing the State Hispanic Employment Plan, the State Asian-American Employment Plan, and the Native American Employment Plan. Each agency's annual report shall include reports or information related to the agency's Hispanic, Asian-American, Native American, and bilingual employment strategies and programs that the agency has received from the Illinois Department of Human Rights, the Department of Central Management Services, or the Auditor General, pursuant to their periodic review responsibilities; findings made by the Governor in his or her report to the General Assembly; assessments of bilingual service needs based upon the agency's service populations; information on the agency's studies and monitoring success concerning the number of Hispanics, Asian-Americans, Native Americans, and bilingual persons employed by the agency at the supervisory, technical, professional, and managerial levels and any increases in those categories from the prior year; and information concerning the agency's Hispanic, Asian-American, Native American, and bilingual employment budget allocations. The Department shall assist State agencies required to establish preparation and promotion training programs under subsection (H) of Section 7-105 of the Illinois Human Rights Act for failure to meet their affirmative action and equal employment opportunity goals. The Department shall survey State agencies to identify effective existing training programs and shall serve as a resource to other State agencies. The Department shall assist agencies in the development and modification of training programs to enable them to meet their affirmative action and equal employment opportunity goals and shall provide information regarding other existing training and educational resources, such as the Upward Mobility Program, the Illinois Institute for Training and Development, the Central Management Services Training Center, Executive Recruitment Internships, and Graduate Public Service Internships.

(Source: P.A. 101-534, eff. 1-1-20.)

(20 ILCS 405/405-130) (was 20 ILCS 405/67.28)

Sec. 405-130. State government suggestion award program.

(a) The Department shall assist in the implementation of a State Government Suggestion Award Program, to be administered by the Board created in subsection (b). The program shall encourage and reward improvements in the operation of State government that result in substantial monetary savings. Any Illinois resident, any State employee, including management personnel as defined by the Department, any annuitant under Article 14 of the Illinois Pension Code, and any annuitant under Article 15 of that Code who receives a retirement or disability retirement annuity, but not including elected officials and departmental directors, may submit a cost-saving suggestion to the Board, which shall direct the suggestion to the appropriate department or agency without disclosing the identity of the suggester. A suggester may make a suggestion or include documentation on matters a department or agency considers confidential, except where prohibited by federal or State law; and no disciplinary or other negative action may be taken against the suggester unless there is a violation of federal or State law.

Suggestions, including documentation, upon receipt, shall be given confidential treatment and shall not be subject to subpoena or be made public until the agency affected by it has had the opportunity to request continued confidentiality. The agency, if it requests continued confidentiality, shall attest that disclosure would violate federal or State law or rules and regulations pursuant to federal or State law or is a matter covered under Section 7 of the Freedom of Information Act. The Board shall make its decision on continued confidentiality and, if it so classifies the suggestion, shall notify the suggester and agency. A suggestion classified "continued confidential" shall nevertheless be evaluated and considered for award. A suggestion that the Board finds or the suggester states or implies constitutes a disclosure of information that the suggester reasonably believes evidences (1) a violation of any law, rule, or regulation or (2) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety may be referred to the appropriate investigatory or law enforcement agency for consideration for investigation and action. The identity of the suggester may not be disclosed without the consent of the suggester during any investigation of the information and any related matters. Such a suggestion shall also be evaluated and an award made when appropriate. That portion of Board meetings that involves the consideration of suggestions classified "continued confidential" or being considered for that classification shall be closed meetings.

The Board may at its discretion make awards for those suggestions certified by agency or department heads as resulting in savings to the State of Illinois. Management personnel shall be recognized for their suggestions as the Board considers appropriate but shall not receive any monetary award. Illinois residents, annuitants, and employees, other than employees who are management personnel, shall receive awards in accordance with the schedule below. Each award to employees other than management personnel and awards to residents and annuitants shall be paid in one lump sum by the Board created in subsection (b). A monetary award may be increased by appropriation of the General Assembly.

The amount of each award to employees other than management personnel and the award to annuitants and residents shall be determined as follows:

(b) There is created a State Government Suggestion Award Board to administer the program described in subsection (a). The Board shall consist of 8 members appointed 2 each by the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives and, as ex-officio, non-voting members, the directors of the Governor's Office of Management and Budget and the Department. Each appointing authority shall designate one initial appointee to serve one year and one initial appointee to serve 2 years; subsequent terms shall be 2 years. Any vacancies shall be filled for the unexpired term by the original appointing authority and any member may be reappointed. Board members shall serve without compensation but may be reimbursed for expenses incurred in the performance of their duties. The Board shall annually elect a chairman from among its number, shall meet monthly or more frequently at the call of the chairman, and shall establish necessary procedures, guidelines, and criteria for the administration of the program. The Board shall annually report to the General Assembly by January 1 on the operation of the program, including the nature and cost-savings of implemented suggestions, and any recommendations for legislative changes it deems appropriate. The General Assembly shall make an annual appropriation to the Board for payment of awards and the expenses of the Board, such as, but not limited to: travel of the members, preparation of publicity material, printing of forms and other matter, and contractual expenses.

(Source: P.A. 94-793, eff. 5-19-06; 95-185, eff. 1-1-08.)

(20 ILCS 405/405-135)

Sec. 405-135. Rulemaking for administrative hearing procedure. After consulting with affected State agencies, the Department of Central Management Services may adopt rules to facilitate electronic filing and rules governing practice and procedure in administrative hearings. Agencies that do not use the Department for administrative hearing support shall not be subject to any rulemaking or rules under this Section.

(Source: P.A. 103-924, eff. 8-9-24.)

(20 ILCS 405/405-190) (was 20 ILCS 405/67.27)

Sec. 405-190. Reduced rates and fares for State employee travel. To negotiate with vendors to establish reduced rates and fares applicable for transportation and lodging for State employees traveling on official business, and to publish a directory or listing of those fares and rates. The publication shall be made available to all State agencies in sufficient quantities to maximize utilization of the reduced rates and fares.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-200) (was 20 ILCS 405/67)

Sec. 405-200. Department's responsibility, generally. The Department is responsible for certain State properties, acquisitions, and services. In performing this responsibility the Department has the powers and duties set forth in the Sections following this Section (except Sections 405-220, 405-245, 405-250, 405-255, and 405-260) and in Sections 405-25, 405-30, 405-120, 405-125, and 405-130.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-210) (was 20 ILCS 405/67.21)

Sec. 405-210. State Property Control Act. To administer the State Property Control Act.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-215) (was 20 ILCS 405/67.22)

Sec. 405-215. Proper utilization of State property. To require proper utilization of State property.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-216)

Sec. 405-216. Green cleaning policy. To require every State-owned building to establish a green cleaning policy whereby the building purchases and uses only environmentally-sensitive cleaning products, in compliance with the guidelines and specifications established by the Illinois Green Government Coordinating Council pursuant to Section 15 of the Green Cleaning Schools Act. The Department shall allow a State-owned building to deplete its existing cleaning and maintenance supply stocks and implement the new requirements in the procurement cycle for the following year and shall exempt a State-owned building from the green cleaning policy requirement if adhering to the requirement would not be economically feasible for the building.

For the purposes of this Section, adopting a green cleaning policy is not economically feasible if such adoption would result in an increase in the cleaning costs of the building.

(Source: P.A. 96-75, eff. 7-24-09.)

(20 ILCS 405/405-220) (was 20 ILCS 405/35.9)

Sec. 405-220. Inventorying State property. The Department shall establish regulations for inventorying property owned or controlled by the State.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-225)

Sec. 405-225. (Repealed).

(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 99-933, eff. 1-27-17.)

(20 ILCS 405/405-230)

Sec. 405-230. Forms Notice Act. To administer the provisions of the Forms Notice Act.

(Source: P.A. 90-655, eff. 7-30-98; 91-239, eff. 1-1-00.)

(20 ILCS 405/405-240) (was 20 ILCS 405/67.05)

Sec. 405-240. Information concerning the State. To publish, from time to time, for the information of the several departments and of the general public, bulletins of the work of the government; to collect, compile, and disseminate information and literature concerning the industrial, agricultural, and recreational facilities and advantages, the historic and scenic places of interest, and the transportation and highway facilities of Illinois; to encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of Illinois; and to use or employ or to contract for the use or employment of whatever advertising medium it may deem necessary to effectuate the purposes provided in this Section.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-250)

Sec. 405-250. (Repealed).

(Source: P.A. 100-23, eff. 7-6-17. Repealed by P.A. 100-611, eff. 7-20-18.)

(20 ILCS 405/405-255)

Sec. 405-255. (Repealed).

(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 100-611, eff. 7-20-18.)

(20 ILCS 405/405-260)

Sec. 405-260. (Repealed).

(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 100-611, eff. 7-20-18.)

(20 ILCS 405/405-265)

Sec. 405-265. (Repealed).

(Source: P.A. 91-239. eff. 1-1-00. Repealed by P.A. 100-611, eff. 7-20-18.)

(20 ILCS 405/405-270) (was 20 ILCS 405/67.18)

Sec. 405-270. Broadcast communications services. To provide for and coordinate broadcast communications services for State agencies and, when requested and when in the best interests of the State, for units of federal or local governments and public and not-for-profit institutions of primary, secondary, and higher education. The Department may make use of its satellite uplink available to interested parties not associated with State government provided that State government usage shall have first priority. For this purpose the Department shall have the power and duty to do all of the following:

(1) Provide for and control the procurement, retention, installation, and maintenance of video recording, satellite uplink, public information, and broadcast communications equipment or services used by State agencies in the interest of efficiency and economy.

(2) (Blank).

(3) Establish charges (i) for video recording, satellite uplink, public information, and broadcast communication services for State agencies and, when requested, for units of federal or local government and public and not-for-profit institutions of primary, secondary, or higher education and (ii) for use of the Department's satellite uplink by parties not associated with State government. Entities charged for these services shall reimburse the Department.

(4) Instruct all State agencies to report their usage of video recording, satellite uplink, public information, and broadcast communication services regularly to the Department in the manner the Director may prescribe.

(5) Analyze the present and future aims and needs of all State agencies in the area of video recording, satellite uplink, public information, and broadcast communications services and plan to serve those aims and needs in the most effective and efficient manner.

(6) Provide video recording, satellite uplink, public information, and broadcast communications services.

(7) Establish the administrative organization within the Department that is required to accomplish the purpose of this Section.

The Department is authorized, in consultation with the Department of Innovation and Technology, to conduct a study for the purpose of determining technical, engineering, and management specifications for the networking, compatible connection, or shared use of existing and future public and private owned television broadcast and reception facilities, including but not limited to terrestrial microwave, fiber optic, and satellite, for broadcast and reception of educational, governmental, and business programs, and to implement those specifications.

However, the Department may not control or interfere with the input of content into the broadcast communications systems by the several State agencies or units of federal or local government, or public or not-for-profit institutions of primary, secondary, and higher education, or users of the Department's satellite uplink.

As used in this Section, the term "State agencies" means all departments, officers, commissions, boards, institutions, and bodies politic and corporate of the State except (i) the judicial branch, including, without limitation, the several courts of the State, the offices of the clerk of the supreme court and the clerks of the appellate court, and the Administrative Office of the Illinois Courts and (ii) the General Assembly, legislative service agencies, and all officers of the General Assembly.

This Section does not apply to the procurement of Next Generation 9-1-1 service as governed by Section 15.6b of the Emergency Telephone System Act.

In the event of a conflict between the provisions of this Section and any provision of the Department of Innovation and Technology Act, the Department of Innovation and Technology Act shall be controlling.

(Source: P.A. 99-6, eff. 1-1-16; 100-611, eff. 7-20-18.)

(20 ILCS 405/405-272)

Sec. 405-272. Bulk long distance telephone services for military personnel in military service.

(a) In this Section:

"Immediate family" means a service member's spouse residing in the service member's household, brothers and sisters of the whole or of the half blood, children, including adopted children and stepchildren, parents, and grandparents.

"Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.

"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.

(b) The Department may enter into a contract to purchase bulk long distance telephone services and make them available at cost, or may make bulk long distance telephone services available at cost under any existing contract the Department has entered into, to persons in the immediate family of service members that have entered military service so that those persons in the service members' families can communicate with the service members. If the Department enters into a contract under this Section, it shall do so in accordance with the Illinois Procurement Code and in a nondiscriminatory manner that does not place any potential vendor at a competitive disadvantage.

(c) In order to be eligible to use bulk long distance telephone services purchased by the Department under this Section, a service member or person in the service member's immediate family must provide the Department with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of military service.

(d) If the Department enters into a contract under this Section, the Department shall adopt rules as necessary to implement this Section.

(Source: P.A. 97-913, eff. 1-1-13.)

(20 ILCS 405/405-275) (was 20 ILCS 405/67.33)

Sec. 405-275. Grants for distance learning services. To award grants to public community colleges and education service centers for development and implementation of telecommunications systems that provide distance learning services.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-280) (was 20 ILCS 405/67.15)

Sec. 405-280. State garages; charging stations; passenger cars.

(a) To supervise and administer all State garages used for the repair, maintenance, or servicing of State-owned motor vehicles except those operated by any State college or university or by the Illinois Mathematics and Science Academy; to supervise and administer the design, purchase, installation, operation, and maintenance of electric vehicle charging infrastructure and associated improvements on any property that is owned or controlled by the State; and to acquire, maintain, and administer the operation of the passenger cars reasonably necessary to the operations of the executive department of the State government. To this end, the Department shall adopt regulations setting forth guidelines for the acquisition, use, maintenance, and replacement of motor vehicles, including the use of ethanol blended gasoline whenever feasible, used by the executive department of State government; shall occupy the space and take possession of the personnel, facilities, equipment, tools, and vehicles that are in the possession or under the administration of the former Department of Administrative Services for these purposes on July 13, 1982 (the effective date of Public Act 82-789); and shall, from time to time, acquire any further, additional, and replacement facilities, space, tools, and vehicles that are reasonably necessary for the purposes described in this Section.

(a-5) Notwithstanding any State policy or rule to the contrary, any State-owned motor vehicle requiring maintenance in the form of an oil change shall have such maintenance performed according to the applicable Department policy which considers the manufacturer's suggested oil change frequency for that vehicle's particular make, model, and year. The Department shall evaluate the original equipment manufacturer's oil change interval recommendations and other related impacts periodically and consider policy adjustments as is cost and operationally efficient for the State.

(b) The Department shall evaluate the availability and cost of GPS systems that State agencies may be able to use to track State-owned motor vehicles.

(c) The Department shall distribute a spreadsheet or otherwise make data entry available to each State agency to facilitate the collection of data for publishing on the Department's Internet website. Each State agency shall cooperate with the Department in furnishing the data necessary for the implementation of this subsection within the timeframe specified by the Department. Each State agency shall be responsible for the validity and accuracy of the data provided. Beginning on July 1, 2013, the Department shall make available to the public on its Internet website the following information:

(1) vehicle cost data, organized by individual vehicle and by State agency, and including repair, maintenance, fuel, insurance, and other costs, as well as whether required vehicle inspections have been performed; and

(2) an annual vehicle breakeven analysis, organized by individual vehicle and by State agency, comparing the number of miles a vehicle has been driven with the total cost of maintaining the vehicle.

(d) Beginning on January 1, 2013 (the effective date of Public Act 97-922), and notwithstanding any provision of law to the contrary, the Department may not make any new motor vehicle purchases until the Department sets forth procedures to condition the purchase of new motor vehicles on (i) a determination of need based on a breakeven analysis, and (ii) a determination that no other available means, including car sharing or rental agreements, would be more cost-effective to the State. However, the Department may purchase motor vehicles not meeting or exceeding a breakeven analysis only if there is no alternative available to carry out agency work functions and the purchase is approved by the Manager of the Division of Vehicles upon the receipt of a written explanation from the agency head of the operational needs justifying the purchase.

(Source: P.A. 102-699, eff. 4-19-22.)

(20 ILCS 405/405-285) (was 20 ILCS 405/67.16)

Sec. 405-285. Fees for maintaining motor vehicles. To charge, collect, and receive from all other agencies of the State government fees or moneys equivalent to the costs of repairing, servicing, and maintaining motor vehicles used by those other agencies under Section 405-280. All contracts let under the provisions of this Law shall be awarded in accordance with the applicable requirements of the Illinois Purchasing Act.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-290) (was 20 ILCS 405/67.32)

Sec. 405-290. Retread replacement tires on State owned vehicles. The Department shall develop and implement a program to use retreads as replacement tires on State owned vehicles wherever possible.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-292)

Sec. 405-292. Business processing reengineering; planning for a more efficient government.

(a) The Department shall be responsible for recommending to the Governor efficiency initiatives to reorganize, restructure, and reengineer the business processes of the State. In performing this responsibility the Department shall have the power and duty to do the following:

(1) propose the transfer, consolidation, reorganization, restructuring, reengineering, or elimination of programs, processes, or functions in order to attain efficiency in operations and cost savings through the efficiency initiatives;

(2) control the procurement of contracted services in connection with the efficiency initiatives to assist in the analysis, design, planning, and implementation of proposals approved by the Governor to attain efficiency in operations and cost savings; and

(3) establish the amount of cost savings to be realized by State agencies from implementing the efficiency initiatives, which may be paid at the direction of the Department into the General Revenue Fund, except that any cost savings realized by the Illinois Department of Transportation shall be deposited into the State Construction Account Fund.

(b) For the purposes of this Section, "State agencies" means all departments, boards, commissions, and agencies of the State of Illinois subject to the Governor.

(Source: P.A. 101-275, eff. 8-9-19.)

(20 ILCS 405/405-293)

Sec. 405-293. Professional Services.

(a) The Department of Central Management Services (the "Department") is responsible for providing professional services for or on behalf of State agencies for all functions transferred to the Department by Executive Order No. 2003-10 (as modified by Section 5.5 of the Executive Reorganization Implementation Act) and may, with the approval of the Governor, provide additional services to or on behalf of State agencies. To the extent not compensated by direct fund transfers, the Department shall be reimbursed from each State agency receiving the benefit of these services. The reimbursement shall be determined by the Director of Central Management Services as the amount required to reimburse the Professional Services Fund for the Department's costs of rendering the professional services on behalf of that State agency. For purposes of this Section, funds due the Department for professional services may be made through appropriations to the Department from the General Revenue Fund, as determined by and provided for by the General Assembly.

(a-5) The Department of Central Management Services may provide professional services and other services as authorized by subsection (a) for or on behalf of other State entities with the approval of both the Director of Central Management Services and the appropriate official or governing body of the other State entity.

(b) For the purposes of this Section, "State agency" means each State agency, department, board, and commission directly responsible to the Governor. "Professional services" means legal services, internal audit services, and other services as approved by the Governor. "Other State entity" means the Illinois State Board of Education and the Illinois State Toll Highway Authority.

(Source: P.A. 103-8, eff. 6-7-23.)

(20 ILCS 405/405-295) (was 20 ILCS 405/67.30)

Sec. 405-295. Decreased energy consumption. The Department may enter into contracts for equipment or services designed to decrease energy consumption in State programs and State owned or controlled buildings or equipment. Prior to entering into any such contract for a State owned building, the Department shall consult with the Executive Director of the Capital Development Board. The Department may consult with the Department of Commerce and Economic Opportunity regarding any aspect of energy consumption projects.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 405/405-300) (was 20 ILCS 405/67.02)

Sec. 405-300. Lease or purchase of facilities; training programs.

(a) To lease or purchase office and storage space, buildings, land, and other facilities for all State agencies, authorities, boards, commissions, departments, institutions, and bodies politic and all other administrative units or outgrowths of the executive branch of State government except the Constitutional officers, the State Board of Education and the State colleges and universities and their governing bodies. However, before leasing or purchasing any office or storage space, buildings, land or other facilities in any municipality the Department shall survey the existing State-owned and State-leased property to make a determination of need.

The leases shall be for a term not to exceed 5 years, except that the leases may contain a renewal clause subject to acceptance by the State after that date or an option to purchase. The purchases shall be made through contracts that (i) may provide for the title to the property to transfer immediately to the State or a trustee or nominee for the benefit of the State, (ii) shall provide for the consideration to be paid in installments to be made at stated intervals during a certain term not to exceed 30 years from the date of the contract, and (iii) may provide for the payment of interest on the unpaid balance at a rate that does not exceed a rate determined by adding 3 percentage points to the annual yield on United States Treasury obligations of comparable maturity as most recently published in the Wall Street Journal at the time such contract is signed. The leases and purchase contracts shall be and shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to pay the rent or purchase installments payable under the terms of the lease or purchase contract. Additionally, the purchase contract shall specify that title to the office and storage space, buildings, land, and other facilities being acquired under the contract shall revert to the Seller in the event of the failure of the General Assembly to appropriate suitable funds. However, this limitation on the term of the leases does not apply to leases to and with the Illinois Building Authority, as provided for in the Building Authority Act. Leases to and with that Authority may be entered into for a term not to exceed 30 years and shall be and shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to pay the rent payable under the terms of the lease. These limitations do not apply if the lease or purchase contract contains a provision limiting the liability for the payment of the rentals or installments thereof solely to funds received from the Federal government.

(b) To lease from an airport authority office, aircraft hangar, and service buildings constructed upon a public airport under the Airport Authorities Act for the use and occupancy of the State Department of Transportation. The lease may be entered into for a term not to exceed 30 years.

(c) To establish training programs for teaching State leasing procedures and practices to new employees of the Department and to keep all employees of the Department informed about current leasing practices and developments in the real estate industry.

(d) To enter into an agreement with a municipality or county to construct, remodel, or convert a structure for the purposes of its serving as a correctional institution or facility pursuant to paragraph (c) of Section 3-2-2 of the Unified Code of Corrections.

(e) To enter into an agreement with a private individual, trust, partnership, or corporation or a municipality or other unit of local government, when authorized to do so by the Department of Corrections, whereby that individual, trust, partnership, or corporation or municipality or other unit of local government will construct, remodel, or convert a structure for the purposes of its serving as a correctional institution or facility and then lease the structure to the Department for the use of the Department of Corrections. A lease entered into pursuant to the authority granted in this subsection shall be for a term not to exceed 30 years but may grant to the State the option to purchase the structure outright.

The leases shall be and shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to pay the rent payable under the terms of the lease.

(f) On and after September 17, 1983, the powers granted to the Department under this Section shall be exercised exclusively by the Department, and no other State agency may concurrently exercise any such power unless specifically authorized otherwise by a later enacted law. This subsection is not intended to impair any contract existing as of September 17, 1983.

(g) To develop and implement, in cooperation with the Interagency Energy Conservation Committee, a system for evaluating energy consumption in facilities leased by the Department, and to develop energy consumption standards for use in evaluating prospective lease sites.

(h) (1) After June 1, 1998 (the effective date of Public Act 90-520), the Department shall not enter into an agreement for the installment purchase or lease purchase of buildings, land, or facilities unless:

(A) the using agency certifies to the Department that the agency reasonably expects that the building, land, or facilities being considered for purchase will meet a permanent space need;

(B) the building or facilities will be substantially occupied by State agencies after purchase (or after acceptance in the case of a build to suit);

(C) the building or facilities shall be in new or like new condition and have a remaining economic life exceeding the term of the contract;

(D) no structural or other major building component or system has a remaining economic life of less than 10 years;

(E) the building, land, or facilities:

(i) is free of any identifiable environmental hazard or

(ii) is subject to a management plan, provided by the seller and acceptable to the State, to address the known environmental hazard;

(F) the building, land, or facilities satisfy applicable accessibility and applicable building codes; and

(G) the State's cost to lease purchase or installment purchase the building, land, or facilities is less than the cost to lease space of comparable quality, size, and location over the lease purchase or installment purchase term.

(2) The Department shall establish the methodology for comparing lease costs to the costs of installment or lease purchases. The cost comparison shall take into account all relevant cost factors, including, but not limited to, debt service, operating and maintenance costs, insurance and risk costs, real estate taxes, reserves for replacement and repairs, security costs, and utilities. The methodology shall also provide:

(A) that the comparison will be made using level payment plans; and

(B) that a purchase price must not exceed the fair market value of the buildings, land, or facilities and that the purchase price must be substantiated by an appraisal or by a competitive selection process.

(3) If the Department intends to enter into an installment purchase or lease purchase agreement for buildings, land, or facilities under circumstances that do not satisfy the conditions specified by this Section, it must issue a notice to the Secretary of the Senate and the Clerk of the House. The notice shall contain (i) specific details of the State's proposed purchase, including the amounts, purposes, and financing terms; (ii) a specific description of how the proposed purchase varies from the procedures set forth in this Section; and (iii) a specific justification, signed by the Director, stating why it is in the State's best interests to proceed with the purchase. The Department may not proceed with such an installment purchase or lease purchase agreement if, within 60 calendar days after delivery of the notice, the General Assembly, by joint resolution, disapproves the transaction. Delivery may take place on a day and at an hour when the Senate and House are not in session so long as the offices of Secretary and Clerk are open to receive the notice. In determining the 60-day period within which the General Assembly must act, the day on which delivery is made to the Senate and House shall not be counted. If delivery of the notice to the 2 houses occurs on different days, the 60-day period shall begin on the day following the later delivery.

(4) On or before February 15 of each year, the Department shall submit an annual report to the Director of the Governor's Office of Management and Budget and the General Assembly regarding installment purchases or lease purchases of buildings, land, or facilities that were entered into during the preceding calendar year. The report shall include a summary statement of the aggregate amount of the State's obligations under those purchases; specific details pertaining to each purchase, including the amounts, purposes, and financing terms and payment schedule for each purchase; and any other matter that the Department deems advisable. The report shall also contain an analysis of all leases that meet both of the following criteria: (1) the lease contains a purchase option clause; and (2) the third full year of the lease has been completed. That analysis shall include, without limitation, a recommendation of whether it is in the State's best interest to exercise the purchase option or to seek to renew the lease without exercising the clause.

The requirement for reporting shall be satisfied by filing copies of the report with each of the following: (1) the Auditor General; (2) the Chairs of the Appropriations Committees; (3) the General Assembly and the Commission on Government Forecasting and Accountability as required by Section 3.1 of the General Assembly Organizations Act; and (4) 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. 103-570, eff. 1-1-24.)

(20 ILCS 405/405-305) (was 20 ILCS 405/67.06)

Sec. 405-305. Lease of unused or unproductive State land. To lease the unused or unproductive land under the jurisdiction of any of the several departments on terms and conditions that in the judgment of the Director are in the best interests of the State.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-310) (was 20 ILCS 405/67.07)

Sec. 405-310. Transfer of realty. To transfer any realty under the jurisdiction of the Department to any other State agency and to accept a transfer of realty from the federal government.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-315) (was 20 ILCS 405/67.24)

Sec. 405-315. Management of State buildings; security force; fees.

(a) To manage, operate, maintain, and preserve from waste the State buildings, facilities, structures, grounds, or other real property transferred to the Department under Section 405-415, including, without limitation, the State buildings listed below. The Department may rent portions of these and other State buildings when in the judgment of the Director those leases or subleases will be in the best interests of the State. The leases or subleases shall not exceed 5 years unless a greater term is specifically authorized.

a. Peoria Regional Office Building

5415 North University

Peoria, Illinois 61614

b. Springfield Regional Office Building

4500 South 6th Street

Springfield, Illinois 62703

c. Champaign Regional Office Building

2125 South 1st Street

Champaign, Illinois 61820

d. Illinois State Armory Building

124 East Adams

Springfield, Illinois 62706

e. Marion Regional Office Building

2209 West Main Street

Marion, Illinois 62959

f. Kenneth Hall Regional State Office

Building

#10 Collinsville Avenue

East St. Louis, Illinois 62201

g. Rockford Regional Office Building

4402 North Main Street

P.O. Box 915

Rockford, Illinois 61105

h. State of Illinois Building

160 North LaSalle

Chicago, Illinois 60601

i. Office and Laboratory Building

2121 West Taylor Street

Chicago, Illinois 60602

j. Central Computer Facility

201 West Adams

Springfield, Illinois 62706

k. Elgin Office Building

595 South State Street

Elgin, Illinois 60120

l. James R. Thompson Center

Bounded by Lake, Clark, Randolph and

LaSalle Streets

Chicago, Illinois

m. The following buildings located within the Chicago

Medical Center District:

1. Lawndale Day Care Center

2929 West 19th Street

2. Edwards Center

2020 Roosevelt Road

3. Illinois Center for

Rehabilitation and Education

1950 West Roosevelt Road and 1151 South Wood Street

4. Department of Children and

Family Services District Office

1026 South Damen

5. The William Heally School

1731 West Taylor

6. Administrative Office Building

1100 South Paulina Street

7. Metro Children and Adolescents Center

1601 West Taylor Street

n. E.J. "Zeke" Giorgi Center

200 Wyman Street

Rockford, Illinois

o. Suburban North Facility

9511 Harrison

Des Plaines, Illinois

p. The following buildings located within the Revenue

Center in Springfield:

1. State Property Control Warehouse

11th & Ash

2. Illinois State Museum Research & Collections

Center

1011 East Ash Street

q. Effingham Regional Office Building

401 Industrial Drive

Effingham, Illinois

r. The Communications Center

120 West Jefferson

Springfield, Illinois

s. Portions or all of the basement and

ground floor of the

State of Illinois Building

160 North LaSalle

Chicago, Illinois 60601

may be leased or subleased to persons, firms, partnerships, associations, or individuals for terms not to exceed 15 years when in the judgment of the Director those leases or subleases will be in the best interests of the State.

Portions or all of the commercial space, which includes the sub-basement, storage mezzanine, concourse, and ground and second floors of the

James R. Thompson Center

Bounded by Lake, Clark, Randolph and LaSalle Streets

Chicago, Illinois

may be leased or subleased to persons, firms, partnerships, associations, or individuals for terms not to exceed 15 years subject to renewals when in the judgment of the Director those leases or subleases will be in the best interests of the State.

The Director is authorized to rent portions of the above described facilities to persons, firms, partnerships, associations, or individuals for terms not to exceed 30 days when those leases or subleases will not interfere with State usage of the facility. This authority is meant to supplement and shall not in any way be interpreted to restrict the Director's ability to make portions of the State of Illinois Building and the James R. Thompson Center available for long-term commercial leases or subleases.

Notwithstanding the provisions above, the Department of Children and Family Services and the Department of Human Services (as successor to the Department of Rehabilitation Services and the Department of Mental Health and Developmental Disabilities) shall determine the allocation of space for direct recipient care in their respective facilities. The Department of Central Management Services shall consult with the affected agency in the allocation and lease of surplus space in these facilities. Potential lease arrangements shall not endanger the direct recipient care responsibilities in these facilities.

(b) To appoint, subject to the Personnel Code, persons to be members of a police and security force. Members of the security force shall be peace officers when performing duties pursuant to this Section and as such shall have all of the powers possessed by policemen in cities and sheriffs, including the power to make arrests on view or issue citations for violations of State statutes or city or county ordinances, except that in counties of more than 1,000,000 population, any powers created by this subsection shall be exercised only (i) when necessary to protect the property, personnel, or interests of the Department or any State agency for whom the Department manages, operates, or maintains property or (ii) when specifically requested by appropriate State or local law enforcement officials, and except that within counties of 1,000,000 or less population, these powers shall be exercised only when necessary to protect the property, personnel, or interests of the State of Illinois and only while on property managed, operated, or maintained by the Department.

Nothing in this subsection shall be construed so as to make it conflict with any provisions of, or rules promulgated under, the Personnel Code.

(c) To charge reasonable fees for the lease, rental, use, or occupancy of State facilities managed, operated, or maintained by the Department. All moneys collected under this Section shall be deposited in a revolving fund in the State treasury known as the Facilities Management Revolving Fund.

(d) Provisions of this Section relating to the James R. Thompson Center are subject to the provisions of Section 7.4 of the State Property Control Act.

(Source: P.A. 93-19, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)

(20 ILCS 405/405-317)

Sec. 405-317. Bird-safe State buildings.

(a) Each State building constructed, acquired, or of which more than 50% of the facade is substantially altered, in the opinion of the Department's Bureau of Property Management, shall meet, as determined by the Director, the following standards:

(1) at least 90% of the exposed façade material from ground level to 40 feet:

(A) shall not be composed of glass; or

(B) shall be composed of glass employing: (i) elements that preclude bird collisions without completely obscuring vision, such as secondary facades, netting, screens, shutters, and exterior shades; (ii) ultraviolet (UV) patterned glass that contains UV-reflective or contrasting patterns that are visible to birds; (iii) patterns on glass designed in accordance with a rule that restricts horizontal spaces to less than 2 inches high and vertical spaces to less than 4 inches wide; (iv) opaque, etched, stained, frosted, or translucent glass; or (v) any combination of the methods described in this subparagraph (B);

(2) at least 60% of the exposed facade material above 40 feet shall meet the standard described in paragraph (1);

(3) there shall not be any transparent passageways or corners;

(4) all glass adjacent to atria or courtyards containing water features, plants, and other materials attractive to birds shall meet the standard described in subparagraph (B) of paragraph (1); and

(5) outside lighting shall be appropriately shielded and minimized subject to security and other mission related requirements.

(b) The Director shall take such actions as may be necessary to ensure that actual bird mortality is monitored at each State building.

(c) The Director, where practicable and consistent with security and other mission related requirements, shall reduce exterior building and site lighting for each State building. This subsection (c) shall not apply to buildings in which the Director does not have control of the exterior building and site lighting. In implementing the requirements of this subsection (c), the Director shall make use of automatic control technologies, including timers, photo-sensors, and infrared and motion detectors.

(d) In implementing the requirements of this Section, the Director may employ any available methods and strategies that are in accordance with existing effective best practices to reduce bird mortality.

(e) The requirements of this Section shall not apply to any acquisition or substantial alteration described in subsection (a) if the Director, after consideration of multiple options, determines that the use of the required building materials and design features would result in a significant additional cost for the project.

(f) Any construction which may be required as a result of the requirements of this Section shall be under the authority of the Capital Development Board in consultation with the Department.

(g) The requirements of this Section shall only apply to State buildings under the management or control of the Department, but does not include buildings leased by the Department.

(h) The requirements of this Section shall not apply to any project in the design or construction phase as of the effective date of this amendatory Act of the 102nd General Assembly.

(i) This Section shall not apply to the following buildings:

(1) any building or site listed, or eligible for listing, on the National Register of Historic Places;

(2) the Executive Mansion and its grounds;

(3) the Illinois Supreme Court Building and its grounds;

(4) the Old State Capitol Building in Springfield, Illinois, and its related buildings and grounds;

(5) the Abraham Lincoln Presidential Library and Museum and its related buildings and grounds; and

(6) the Illinois State Capitol Building and its related buildings and grounds.

(Source: P.A. 102-119, eff. 1-1-22.)

(20 ILCS 405/405-320) (was 20 ILCS 405/67.25)

Sec. 405-320. Multi-use State facility at Collinsville; State Police district headquarters at Sterling.

(a) To enter into an agreement with a private individual, trust, partnership, or corporation or a municipality or other unit of local government whereby that individual, trust, partnership, or corporation or municipality or other unit of local government will construct a structure in the vicinity of Collinsville, Illinois for the purposes of its serving as a multi-use State facility and then lease that structure to the Department for the use of the Department of Transportation and other State agencies.

(b) To enter into an agreement with a municipality or other unit of local government whereby the municipality or other unit of local government will construct a structure in the vicinity of Sterling, Illinois for the purposes of its serving as an Illinois State Police district headquarters and then lease the structure to the Department for the use of the Illinois State Police. The Director is further authorized to convey the existing Illinois State Police headquarters at Sterling to the City of Sterling, Illinois, a municipal corporation, at a value established by the average of 3 appraisals in exchange for a deduction of equal value against any amounts due the municipality under the State's contract to acquire an Illinois State Police district headquarters at Sterling.

(c) A lease entered into pursuant to the authority granted in this Section shall be for a term not to exceed 30 years but may grant to the State the option to purchase the structure outright.

(d) The lease shall be approved by the heads of the agencies occupying the facility and shall be and shall recite that it is subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to pay the rent payable under the terms of the lease.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 405/405-325) (was 20 ILCS 405/67.26)

Sec. 405-325. Mental health facility at Dixon. To enter into an agreement with a private individual, trust, partnership, or corporation or a municipality or other unit of local government whereby that individual, trust, partnership, or corporation or municipality or other unit of local government will construct a structure in the vicinity of Dixon, Illinois for the purposes of its serving as a mental health facility and then lease that structure to the Department for the use of the Department of Human Services.

A lease entered into pursuant to the authority granted in this Section shall be for a term not to exceed 30 years but may grant to the State the option to purchase the structure outright.

The lease shall be approved by the Secretary of Human Services and shall be and shall recite that it is subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to pay the rent payable under the terms of the lease.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-330)

Sec. 405-330. Badges. The Director must authorize to each member of the police and security force and to any other employee of the Department exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by the Department and (ii) contains a unique identifying number. No other badge shall be authorized by the Department.

(Source: P.A. 91-883, eff. 1-1-01.)

(20 ILCS 405/405-335)

Sec. 405-335. Illinois Transparency and Accountability Portal (ITAP).

(a) The Department, within 12 months after the effective date of this amendatory Act of the 96th General Assembly, shall establish and maintain a website, known as the Illinois Transparency and Accountability Portal (ITAP), with a full-time webmaster tasked with compiling and updating the ITAP database with information received from all State agencies as defined in this Section. Subject to appropriation, the full-time webmaster must also compile and update the ITAP database with information received from all counties, townships, library districts, and municipalities.

(b) For purposes of this Section:

"State agency" means the offices of the constitutional officers identified in Article V of the Illinois Constitution, executive agencies, and departments, boards, commissions, and Authorities under the Governor.

"Contracts" means payment obligations with vendors on file with the Office of the Comptroller to purchase goods and services exceeding $10,000 in value (or, in the case of professional or artistic services, exceeding $5,000 in value).

"Appropriation" means line-item detail of spending approved by the General Assembly and Governor, categorized by object of expenditure.

"Individual consultants" means temporary workers eligible to receive State benefits paid on a State payroll.

"Recipients" means State agencies receiving appropriations.

(c) The ITAP shall provide direct access to each of the following:

(1) A database of all current State employees and individual consultants, except sworn law enforcement officers, sorted separately by:

(i) Name.

(ii) Employing State agency.

(iii) Employing State division.

(iv) Employment position title.

(v) Current pay rate and year-to-date pay.

(2) A database of all current State expenditures, sorted separately by agency, category, recipient, and Representative District.

(3) A database of all development assistance reportable pursuant to the Corporate Accountability for Tax Expenditures Act, sorted separately by tax credit category, taxpayer, and Representative District.

(4) A database of all revocations and suspensions of State occupation and use tax certificates of registration and all revocations and suspensions of State professional licenses, sorted separately by name, geographic location, and certificate of registration number or license number, as applicable. Professional license revocations and suspensions shall be posted only if resulting from a failure to pay taxes, license fees, or child support.

(5) A database of all current State contracts, sorted separately by contractor name, awarding officer or agency, contract value, and goods or services provided.

(6) A database of all employees hired after the effective date of this amendatory Act of 2010, sorted searchably by each of the following at the time of employment:

(i) Name.

(ii) Employing State agency.

(iii) Employing State division.

(iv) Employment position title.

(v) Current pay rate and year-to-date pay.

(vi) County of employment location.

(vii) Rutan status.

(viii) Status of position as subject to collective bargaining, subject to merit compensation, or exempt under Section 4d of the Personnel Code.

(ix) Employment status as probationary, trainee, intern, certified, or exempt from certification.

(x) Status as a military veteran.

(7) A searchable database of all current county, township, library district, and municipal employees sorted separately by:

(i) Employing unit of local government.

(ii) Employment position title.

(iii) Current pay rate and year-to-date pay.

(8) A searchable database of all county, township, and municipal employees hired on or after the effective date of this amendatory Act of the 97th General Assembly, sorted separately by each of the following at the time of employment:

(i) Employing unit of local government.

(ii) Employment position title.

(iii) Current pay rate and year-to-date pay.

(9) A searchable database of all library district employees hired on or after August 9, 2013 (the effective date of Public Act 98-246), sorted separately by each of the following at the time of employment:

(i) Employing unit of local government.

(ii) Employment position title.

(iii) Current pay rate and year-to-date pay.

(10) A link to a website maintained by the Department that contains a list of contact information for each State agency, including a telephone number and a link to the Agency's website. Each State agency shall be responsible for providing and updating the Department with this information.

(d) The ITAP shall include all information required to be published by subsection (c) of this Section that is available to the Department in a format the Department can compile and publish on the ITAP. The Department shall update the ITAP as additional information becomes available in a format that can be compiled and published on the ITAP by the Department.

(e) Each State agency, county, township, library district, and municipality shall cooperate with the Department in furnishing the information necessary for the implementation of this Section within a timeframe specified by the Department.

(f) Each county, township, library district, or municipality submitting information to be displayed on the Illinois Transparency and Accountability Portal (ITAP) is responsible for the accuracy of the information provided.

(g) The Department, within 6 months after January 1, 2014 (the effective date of Public Act 98-283), shall distribute a spreadsheet or otherwise make data entry available to each State agency to facilitate the collection of data on the State's annual workforce characteristics, workforce compensation, and employee mobility. The Department shall determine the data to be collected by each State agency. Each State agency shall cooperate with the Department in furnishing the data necessary for the implementation of this subsection within the timeframe specified by the Department. The Department shall publish the data received from each State agency on the ITAP or another open data site annually.

(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1084, eff. 1-1-15.)

(20 ILCS 405/405-400) (was 20 ILCS 5/34.1)

Sec. 405-400. Successor to Department of Administrative Services and Department of Personnel. The Department of Central Management Services shall assume all rights, powers, duties, and responsibilities of the Department of Administrative Services and the Department of Personnel as the successor to those departments. The Department of Administrative Services, the Department of Personnel, and the Advisory Board to the Department of Personnel are abolished.

Personnel, books, records, papers, documents, property, real and personal, unexpended appropriations, and pending business in any way pertaining to the former Department of Administrative Services and the former Department of Personnel are transferred to the Department of Central Management Services, but any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer. No rule or regulation promulgated by the former Department of Administrative Services or the former Department of Personnel pursuant to an exercise of any right, power, duty, or responsibility transferred to the Department of Central Management Services shall be affected by Public Act 82-789, and all such rules and regulations shall become the rules and regulations of the Department of Central Management Services.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-410)

Sec. 405-410. Transfer of Information Technology functions.

(a) Notwithstanding any other law to the contrary, the Secretary of Innovation and Technology, working in cooperation with the Director of any other agency, department, board, or commission directly responsible to the Governor, may direct the transfer, to the Department of Innovation and Technology, of those information technology functions at that agency, department, board, or commission that are suitable for centralization.

Upon receipt of the written direction to transfer information technology functions to the Department of Innovation and Technology, the personnel, equipment, and property (both real and personal) directly relating to the transferred functions shall be transferred to the Department of Innovation and Technology, and the relevant documents, records, and correspondence shall be transferred or copied, as the Secretary may prescribe.

(b) Upon receiving written direction from the Secretary of Innovation and Technology, the Comptroller and Treasurer are authorized to transfer the unexpended balance of any appropriations related to the information technology functions transferred to the Department of Innovation and Technology and shall make the necessary fund transfers from any special fund in the State Treasury or from any other federal or State trust fund held by the Treasurer to the General Revenue Fund or the Technology Management Revolving Fund, as designated by the Secretary of Innovation and Technology, for use by the Department of Innovation and Technology in support of information technology functions or any other related costs or expenses of the Department of Innovation and Technology.

(c) The rights of employees and the State and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by any transfer under this Section.

(d) The functions transferred to the Department of Innovation and Technology by this Section shall be vested in and shall be exercised by the Department of Innovation and Technology. Each act done in the exercise of those functions shall have the same legal effect as if done by the agencies, offices, divisions, departments, bureaus, boards and commissions from which they were transferred.

Every person or other entity shall be subject to the same obligations and duties and any penalties, civil or criminal, arising therefrom, and shall have the same rights arising from the exercise of such rights, powers, and duties as had been exercised by the agencies, offices, divisions, departments, bureaus, boards, and commissions from which they were transferred.

Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person in regards to the functions transferred to or upon the agencies, offices, divisions, departments, bureaus, boards, and commissions from which the functions were transferred, the same shall be made, given, furnished or served in the same manner to or upon the Department of Innovation and Technology.

This Section does not affect any act done, ratified, or cancelled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause regarding the functions transferred, but those proceedings may be continued by the Department of Innovation and Technology.

This Section does not affect the legality of any rules in the Illinois Administrative Code regarding the functions transferred in this Section that are in force on the effective date of this Section. If necessary, however, the affected agencies shall propose, adopt, or repeal rules, rule amendments, and rule recodifications as appropriate to effectuate this Section.

(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18.)

(20 ILCS 405/405-411)

Sec. 405-411. Consolidation of workers' compensation functions.

(a) Notwithstanding any other law to the contrary, the Director of Central Management Services, working in cooperation with the Director of any other agency, department, board, or commission directly responsible to the Governor, may direct the consolidation, within the Department of Central Management Services, of those workers' compensation functions at that agency, department, board, or commission that are suitable for centralization.

Upon receipt of the written direction to transfer workers' compensation functions to the Department of Central Management Services, the personnel, equipment, and property (both real and personal) directly relating to the transferred functions shall be transferred to the Department of Central Management Services, and the relevant documents, records, and correspondence shall be transferred or copied, as the Director may prescribe.

(b) Upon receiving written direction from the Director of Central Management Services, the Comptroller and Treasurer are authorized to transfer the unexpended balance of any appropriations related to the workers' compensation functions transferred to the Department of Central Management Services and shall make the necessary fund transfers from the General Revenue Fund, any special fund in the State treasury, or any other federal or State trust fund held by the Treasurer to the Workers' Compensation Revolving Fund for use by the Department of Central Management Services in support of workers' compensation functions or any other related costs or expenses of the Department of Central Management Services.

(c) The rights of employees and the State and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by any transfer under this Section.

(d) The functions transferred to the Department of Central Management Services by this Section shall be vested in and shall be exercised by the Department of Central Management Services. Each act done in the exercise of those functions shall have the same legal effect as if done by the agencies, offices, divisions, departments, bureaus, boards and commissions from which they were transferred.

Every person or other entity shall be subject to the same obligations and duties and any penalties, civil or criminal, arising therefrom, and shall have the same rights arising from the exercise of such rights, powers, and duties as had been exercised by the agencies, offices, divisions, departments, bureaus, boards, and commissions from which they were transferred.

Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person in regards to the functions transferred to or upon the agencies, offices, divisions, departments, bureaus, boards, and commissions from which the functions were transferred, the same shall be made, given, furnished or served in the same manner to or upon the Department of Central Management Services.

This Section does not affect any act done, ratified, or cancelled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause regarding the functions transferred, but those proceedings may be continued by the Department of Central Management Services.

This Section does not affect the legality of any rules in the Illinois Administrative Code regarding the functions transferred in this Section that are in force on the effective date of this Section. If necessary, however, the affected agencies shall propose, adopt, or repeal rules, rule amendments, and rule recodifications as appropriate to effectuate this Section.

(e) There is hereby created within the Department of Central Management Services an advisory body to be known as the State Workers' Compensation Program Advisory Board to review, assess, and provide recommendations to improve the State workers' compensation program and to ensure that the State manages the program in the interests of injured workers and taxpayers. The Governor shall appoint one person to the Board, who shall serve as the Chairperson. The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate shall each appoint one person to the Board. Each member initially appointed to the Board shall serve a term ending December 31, 2013, and each Board member appointed thereafter shall serve a 3-year term. A Board member shall continue to serve on the Board until his or her successor is appointed. In addition, the Director of the Department of Central Management Services, the Attorney General, the Director of the Department of Insurance, the Secretary of the Department of Transportation, the Director of the Department of Corrections, the Secretary of the Department of Human Services, the Director of the Department of Revenue, and the Chairman of the Illinois Workers' Compensation Commission, or their designees, shall serve as ex officio, non-voting members of the Board. Members of the Board shall not receive compensation but shall be reimbursed from the Workers' Compensation Revolving Fund for reasonable expenses incurred in the necessary performance of their duties, and the Department of Central Management Services shall provide administrative support to the Board. The Board shall meet at least 3 times per year or more often if the Board deems it necessary or proper. By September 30, 2011, the Board shall issue a written report, to be delivered to the Governor, the Director of the Department of Central Management Services, and the General Assembly, with a recommended set of best practices for the State workers' compensation program. By July 1 of each year thereafter, the Board shall issue a written report, to be delivered to those same persons or entities, with recommendations on how to improve upon such practices.

(f) The Director of Central Management Services shall take all appropriate actions with respect to the State's workers' compensation obligations necessary to transfer administration of those obligations to an independent private vendor as provided by Section 405-105.

(Source: P.A. 97-18, eff. 6-28-11; 97-895, eff. 8-3-12.)

(20 ILCS 405/405-413)

Sec. 405-413. Geographic consolidation of State employment positions.

(a) Notwithstanding any other law to the contrary, it is recognized that Sangamon County is the preferred location of all State employment positions under the Personnel Code that are not required by their nature or function to be located in a specific geographic area.

(b) (Blank).

(c) The Director shall determine a geographic location for each State employment position taking into consideration a variety of factors, including, but not limited to, the nature or function of a position, whether the position is well-suited for telework or a similar arrangement, where a diverse and equitable applicant pool exists, the preference for State employment positions to be located in Sangamon County, and other similar factors that should determine the geographic location of a State employment position.

(d) The rights of employees and the State and its agencies under the Personnel Code and applicable collective bargaining agreements with respect to the relocation of current State employee position holders shall not be affected by the provisions of this Section.

(e) The provisions of this Section do not apply to: (1) any office of the legislative or judicial branch; (2) Statewide offices under the jurisdiction of any executive branch constitutional officer other than the Governor; or (3) persons employed directly by the Office of the Governor. This Section does apply to departments and agencies of State government under the jurisdiction of the Governor other than persons employed directly by the Office of the Governor.

(Source: P.A. 102-1129, eff. 2-10-23.)

(20 ILCS 405/405-415)

Sec. 405-415. Transfer of facilities and facility management functions.

(a) Notwithstanding any other law to the contrary, the Director of Central Management Services may direct the transfer, to the Department of Central Management Services, of those facilities and facility management functions authorized to be transferred under Executive Order 10 (2003). Upon receipt of the written direction to transfer facilities or facility management functions to the Department of Central Management Services, the personnel, equipment, and property (both real and personal) directly relating to the transferred functions shall be transferred to the Department of Central Management Services, and the relevant documents, records, and correspondence shall be transferred or copied, as the Director may prescribe.

(b) Upon receiving written direction from the Director of Central Management Services, the Comptroller and Treasurer are authorized to transfer the unexpended balance of any appropriations related to the facilities or facility management functions transferred to the Department of Central Management Services and shall make the necessary fund transfers from the General Revenue Fund, any special fund in the State Treasury, or any other federal or State trust fund held by the Treasurer to the Facilities Management Revolving Fund for use by the Department of Central Management Services in support of facilities and facility management functions or any other related costs or expenses of the Department of Central Management Services.

(c) The Department may adopt rules establishing standards for the maintenance, management, operations, and occupancy of State facilities and the disposition of excess State facilities that are subject to the transfer of ownership and control authorized by Executive Order 10 (2003) and this Section, regardless of whether the Department has actually exercised its rights of ownership and control.

(Source: P.A. 93-839, eff. 7-30-04.)

(20 ILCS 405/405-500)

Sec. 405-500. (Repealed).

(Source: P.A. 94-793, eff. 5-19-06. Repealed by P.A. 96-136, eff. 8-7-09.)

(20 ILCS 405/405-515)

Sec. 405-515. High-Volume Transaction Processing System study.

(a) As used in this Act:

"Department" means the Department of Central Management Services.

"High-Volume Transaction Processing System (HVTPS)" means a computer, or designated network of computers, that, in daily operations (i) supports, or is capable of supporting, more than 15,000,000 transactions per hour and (ii) is used for critical computing needs, including, but not limited to, bulk data processing, transaction processing, resource planning, statistic generation, process monitoring, and process modeling. "HVTPS" also includes the applications, operating systems, and other support software, hardware add-ons, and maintenance services required by a system.

"Overall value" is to be derived from factors including, but not limited to, total cost of ownership, the quality of the hardware, software, or services to be delivered by the contractor, the contractor's responsiveness and account service record, and the contractor's willingness to share risk.

(b) Subject to appropriation, the Department shall study the cost of and the State's current use of and reliance on HVTPS. The study shall consider, without limitation:

(1) The nature of the operations supported by existing HVTPS, including the State's need to conduct those operations in a reliable, secure, scalable, and end-user-friendly manner.

(2) For existing HVTPS, employee costs, one-time charges, recurring charges, and average maintenance charges associated with the components of an HVTPS.

(3) For existing HVTPS, the State's reliance on non-employees for system maintenance and support, and the feasibility of having those functions performed by State employees, new or existing.

(4) An assessment of the overall value of existing HVTPS to the State.

(5) Whether HVTPS of comparable capacity and performance characteristics are available in the marketplace and, if not, in what manner the marketplace is failing to offer such comparable systems.

(6) If comparable HVTPS exist in the marketplace, the study must indicate what good-faith estimates exist for cost components that are comparable to those identified in item (2) of this subsection.

(7) If comparable HVTPS exist in the marketplace, the feasibility of having system maintenance and support functions performed by State employees.

(8) The study shall include public comments from stakeholders and available case studies.

(c) The Department shall report to the Governor and the General Assembly no later than 6 months after the completion of the study. Sensitive or confidential material, such as technical trade secrets (excluding pricing), may be redacted from the public version of the report.

(Source: P.A. 95-992, eff. 6-1-09.)

(20 ILCS 405/405-520)

Sec. 405-520. State healthcare purchasing. On and after the date 6 months after the effective date of this amendatory Act of the 98th General Assembly, as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Law that were transferred from the Department to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department.

(Source: P.A. 98-488, eff. 8-16-13.)

(20 ILCS 405/405-525)

Sec. 405-525. (Repealed).

(Source: P.A. 98-1031, eff. 8-25-14. Repealed internally, eff. 12-31-17.)

(20 ILCS 405/405-530)

Sec. 405-530. (Repealed).

(Source: P.A. 100-140, eff. 8-18-17. Repealed by P.A. 103-961, eff. 8-9-24.)

(20 ILCS 405/405-535)

Sec. 405-535. (Repealed).

(Source: P.A. 102-813, eff. 5-13-22. Repealed by P.A. 103-961, eff. 8-9-24.)

(20 ILCS 405/405-536)

Sec. 405-536. State building municipal identification card access. Any State-owned building that requires the display of a State-issued identification card for the purpose of gaining access to the premises shall, in addition to other acceptable forms of identification, accept the use of any Illinois municipal identification card as an acceptable form of identification for the purpose of entering the premises. An Illinois municipal identification card may not be sufficient to access certain secure areas within the premises and may require additional authorization or identification at the discretion of the premises' security, the Department of Central Management Services, or the user agency.

For the purposes of this Section, "municipal identification card" means a photo identification card that is issued by an Illinois municipality, as defined under Section 1-1-2 of the Illinois Municipal Code, in accordance with its ordinances or codes that consists of the photo, name, and address of the card holder.

(Source: P.A. 102-561, eff. 1-1-22; 102-813, eff. 5-13-22.)

(20 ILCS 405/405-540)

Sec. 405-540. African Descent-Citizens Reparations Commission.

(a) The African Descent-Citizens Reparations Commission is hereby established within the Department of Central Management Services.

(b) The Commission shall include the following members:

(1) the Governor or his or her designee;

(2) one member of the House of Representatives appointed by the Speaker of the House of Representatives;

(3) one member of the Senate appointed by the President of the Senate;

(4) one member of the House of Representatives appointed by the Minority Leader of the House of Representatives;

(5) one member of the Senate appointed by the Minority Leader of the Senate;

(6) three representatives of a national coalition that supports reparations for African Americans appointed by the Governor; and

(7) ten members of the public appointed by the Governor, at least 8 of whom are African American descendants of slavery.

(c) Appointment of members to the Commission shall be made within 60 days after the effective date of this amendatory Act of the 101st General Assembly, with the first meeting of the Commission to be held at a reasonable period of time thereafter. The Chairperson of the Commission shall be elected from among the members during the first meeting. Members of the Commission shall serve without compensation, but may be reimbursed for travel expenses. The 10 members of the public appointed by the Governor shall be from diverse backgrounds, including businesspersons and persons without high school diplomas.

(d) Administrative support and staffing for the Commission shall be provided by the Department of Central Management Services. Any State agency under the jurisdiction of the Governor shall provide testimony and documents as directed by the Department.

(e) The Commission shall perform the following duties:

(1) develop and implement measures to ensure equity, equality, and parity for African American descendants of slavery;

(2) hold hearings to discuss the implementation of measures to ensure equity, equality, and parity for African American descendants of slavery;

(3) educate the public on reparations for African American descendants of slavery;

(4) report to the General Assembly information and findings regarding the work of the Commission under this Section and the feasibility of reparations for Illinois African American descendants of slavery, including any recommendations on the subject; and

(5) discuss and perform actions regarding the following issues:

(i) Preservation of African American neighborhoods and communities through investment in business development, home ownership, and affordable housing at the median income of each neighborhood, with a full range of housing services and strengthening of institutions, which shall include, without limitation, schools, parks, and community centers.

(ii) Building and development of a Vocational Training Center for People of African Descent-Citizens, with satellite centers throughout the State, to address the racial disparity in the building trades and the de-skilling of African American labor through the historic discrimination in the building trade unions. The Center shall also have departments for legitimate activities in the informal economy and apprenticeship.

(iii) Ensuring proportional economic representation in all State contracts, including reviews and recommendations for changes to the State procurement and contracting requirements and procedures with the express goal of increasing the number of African American vendors and contracts for services to an equitable level reflecting their population in the State.

(iv) Creation and enforcement of an Illinois Slavery Era Disclosure Bill mandating that in addition to disclosure, an affidavit must be submitted entitled "Statement of Financial Reparations" that has been negotiated between the Commission established under this Section and a corporation or institution that disclosed ties to the enslavement or injury of people of African descent in the United States of America.

(f) Beginning January 1, 2022, and for each year thereafter, the Commission shall submit a report regarding its actions and any information as required under this Section to the Governor and the General Assembly. The report of the Commission shall also be made available to the public on the Internet website of the Department of Central Management Services.

(Source: P.A. 101-657, Article 15, Section 15-5, eff. 3-23-21; 102-29, eff. 6-25-21.)

(20 ILCS 405/405-545)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 405-545. Opioid antagonists.

(a) As used in this Section, "opioid antagonist" has the meaning given to that term in Section 5-23 of the Substance Use Disorder Act

(b) A State agency may make opioid antagonists available at a location where its employees work if the State agency trains employees in the use and administration of the opioid antagonists.

(c) An employee of a State agency that uses and administrates opioid antagonists as described in this Section is exempt from civil liability under Section 69 of the Good Samaritan Act.

(Source: P.A. 103-845, eff. 7-1-25.)