Bill Text: IL HB3779 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Personnel Code. Provides that the Director of Central Management Services and the Department of Employment Security shall establish a 5-year pilot program under which the Director of Central Management Services and the Department of Employment Security shall jointly administer competitive examinations to test the relative fitness of applicants for certain positions in the State service. Provides that, under the pilot program, the Director of Central Management Services and the Department of Employment Security shall determine the times and places where the competitive examinations shall be held, provided that the competitive examinations shall be held at each Department of Employment Security office at least twice a month. Provides that a schedule of the times and places where the competitive examinations shall be held shall be posted on the official websites of the Department of Central Management Services and the Department of Employment Security. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1060 [HB3779 Detail]

Download: Illinois-2011-HB3779-Introduced.html


97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3779

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:
20 ILCS 415/8b.1 from Ch. 127, par. 63b108b.1

Amends the Personnel Code. Provides that the Director of Central Management Services and the Department of Employment Security shall establish a 5-year pilot program under which the Director of Central Management Services and the Department of Employment Security shall jointly administer competitive examinations to test the relative fitness of applicants for certain positions in the State service. Provides that, under the pilot program, the Director of Central Management Services and the Department of Employment Security shall determine the times and places where the competitive examinations shall be held, provided that the competitive examinations shall be held at each Department of Employment Security office at least twice a month. Provides that a schedule of the times and places where the competitive examinations shall be held shall be posted on the official websites of the Department of Central Management Services and the Department of Employment Security. Effective immediately.
LRB097 11985 PJG 55632 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3779LRB097 11985 PJG 55632 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Personnel Code is amended by changing
5Section 8b.1 as follows:
6 (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
7 (Text of Section before amendment by P.A. 96-1551)
8 Sec. 8b.1. For open competitive examinations to test the
9relative fitness of applicants for the respective positions.
10 Tests shall be designed to eliminate those who are not
11qualified for entrance into or promotion within the service,
12and to discover the relative fitness of those who are
13qualified. The Director may use any one of or any combination
14of the following examination methods which in his judgment best
15serves this end: investigation of education; investigation of
16experience; test of cultural knowledge; test of capacity; test
17of knowledge; test of manual skill; test of linguistic ability;
18test of character; test of physical fitness; test of
19psychological fitness. No person with a record of misdemeanor
20convictions except those under Sections 11-6, 11-7, 11-9,
2111-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4,
2216-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7,
2332-1, 32-2, 32-3, 32-4, 32-8 and sub-sections 1, 6 and 8 of

HB3779- 2 -LRB097 11985 PJG 55632 b
1Section 24-1 of the Criminal Code of 1961 or arrested for any
2cause but not convicted thereon shall be disqualified from
3taking such examinations or subsequent appointment, unless the
4person is attempting to qualify for a position which would give
5him the powers of a peace officer, in which case the person's
6conviction or arrest record may be considered as a factor in
7determining the person's fitness for the position. The
8eligibility conditions specified for the position of Assistant
9Director of Healthcare and Family Services in the Department of
10Healthcare and Family Services in Section 5-230 of the
11Departments of State Government Law (20 ILCS 5/5-230) shall be
12applied to that position in addition to other standards, tests
13or criteria established by the Director. All examinations shall
14be announced publicly at least 2 weeks in advance of the date
15of the examinations and may be advertised through the press,
16radio and other media. The Director may, however, in his
17discretion, continue to receive applications and examine
18candidates long enough to assure a sufficient number of
19eligibles to meet the needs of the service and may add the
20names of successful candidates to existing eligible lists in
21accordance with their respective ratings.
22 Notwithstanding any other law, beginning on the effective
23date of this amendatory Act of the 97th General Assembly, the
24Director of Central Management Services and the Department of
25Employment Security shall establish a 5-year pilot program
26under which the Director of Central Management Services and the

HB3779- 3 -LRB097 11985 PJG 55632 b
1Department of Employment Security shall jointly administer the
2competitive examinations. Under the pilot program, the
3Director of Central Management Services and the Department of
4Employment Security shall determine the times and places where
5the competitive examinations shall be held, provided that the
6competitive examinations shall be held at each Department of
7Employment Security office at least twice a month. Each
8Department of Employment Security office has the discretion to
9set the dates on which it shall hold the competitive
10examinations. By the beginning of each month, a schedule of the
11times and places where the competitive examinations shall be
12held during that month shall be posted on the official websites
13of the Department of Central Management Services and the
14Department of Employment Security.
15 The Director may, in his discretion, accept the results of
16competitive examinations conducted by any merit system
17established by federal law or by the law of any State, and may
18compile eligible lists therefrom or may add the names of
19successful candidates in examinations conducted by those merit
20systems to existing eligible lists in accordance with their
21respective ratings. No person who is a non-resident of the
22State of Illinois may be appointed from those eligible lists,
23however, unless the requirement that applicants be residents of
24the State of Illinois is waived by the Director of Central
25Management Services and unless there are less than 3 Illinois
26residents available for appointment from the appropriate

HB3779- 4 -LRB097 11985 PJG 55632 b
1eligible list. The results of the examinations conducted by
2other merit systems may not be used unless they are comparable
3in difficulty and comprehensiveness to examinations conducted
4by the Department of Central Management Services for similar
5positions. Special linguistic options may also be established
6where deemed appropriate.
7(Source: P.A. 95-331, eff. 8-21-07.)
8 (Text of Section after amendment by P.A. 96-1551)
9 Sec. 8b.1. For open competitive examinations to test the
10relative fitness of applicants for the respective positions.
11 Tests shall be designed to eliminate those who are not
12qualified for entrance into or promotion within the service,
13and to discover the relative fitness of those who are
14qualified. The Director may use any one of or any combination
15of the following examination methods which in his judgment best
16serves this end: investigation of education; investigation of
17experience; test of cultural knowledge; test of capacity; test
18of knowledge; test of manual skill; test of linguistic ability;
19test of character; test of physical fitness; test of
20psychological fitness. No person with a record of misdemeanor
21convictions except those under Sections 11-1.50, 11-6, 11-7,
2211-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
2312-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
2431-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
25subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and

HB3779- 5 -LRB097 11985 PJG 55632 b
1sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
21961 or arrested for any cause but not convicted thereon shall
3be disqualified from taking such examinations or subsequent
4appointment, unless the person is attempting to qualify for a
5position which would give him the powers of a peace officer, in
6which case the person's conviction or arrest record may be
7considered as a factor in determining the person's fitness for
8the position. The eligibility conditions specified for the
9position of Assistant Director of Healthcare and Family
10Services in the Department of Healthcare and Family Services in
11Section 5-230 of the Departments of State Government Law (20
12ILCS 5/5-230) shall be applied to that position in addition to
13other standards, tests or criteria established by the Director.
14All examinations shall be announced publicly at least 2 weeks
15in advance of the date of the examinations and may be
16advertised through the press, radio and other media. The
17Director may, however, in his discretion, continue to receive
18applications and examine candidates long enough to assure a
19sufficient number of eligibles to meet the needs of the service
20and may add the names of successful candidates to existing
21eligible lists in accordance with their respective ratings.
22 Notwithstanding any other law, beginning on the effective
23date of this amendatory Act of the 97th General Assembly, the
24Director of Central Management Services and the Department of
25Employment Security shall establish a 5-year pilot program
26under which the Director of Central Management Services and the

HB3779- 6 -LRB097 11985 PJG 55632 b
1Department of Employment Security shall jointly administer the
2competitive examinations. Under the pilot program, the
3Director of Central Management Services and the Department of
4Employment Security shall determine the times and places where
5the competitive examinations shall be held, provided that the
6competitive examinations shall be held at each Department of
7Employment Security office at least twice a month. Each
8Department of Employment Security office has the discretion to
9set the dates on which it shall hold the competitive
10examinations. By the beginning of each month, a schedule of the
11times and places where the competitive examinations shall be
12held during that month shall be posted on the official websites
13of the Department of Central Management Services and the
14Department of Employment Security.
15 The Director may, in his discretion, accept the results of
16competitive examinations conducted by any merit system
17established by federal law or by the law of any State, and may
18compile eligible lists therefrom or may add the names of
19successful candidates in examinations conducted by those merit
20systems to existing eligible lists in accordance with their
21respective ratings. No person who is a non-resident of the
22State of Illinois may be appointed from those eligible lists,
23however, unless the requirement that applicants be residents of
24the State of Illinois is waived by the Director of Central
25Management Services and unless there are less than 3 Illinois
26residents available for appointment from the appropriate

HB3779- 7 -LRB097 11985 PJG 55632 b
1eligible list. The results of the examinations conducted by
2other merit systems may not be used unless they are comparable
3in difficulty and comprehensiveness to examinations conducted
4by the Department of Central Management Services for similar
5positions. Special linguistic options may also be established
6where deemed appropriate.
7(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
8 Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
feedback