Bill Text: IL HB3914 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Provides requirements concerning Positive Action towards addressing systemic racism and barriers to increase workforce diversity in State employment. Requires each State agency to establish the goal of increasing diversity on interview panels in order to increase State employment opportunities provided to women, minority persons, and specified other persons. Provides further requirements concerning State agency interview panel diversity. Requires the Department of Central Management Services to increase State employment career counseling opportunities for individuals who are in arrears on their child support payments. Requires the Department to 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. Amends the Personnel Code. Provides that candidates who are alleged to have attempted deception or fraud in connection with an examination shall be afforded the opportunity to appeal and provide information to support their appeal which shall be considered when determining their eligibility as a candidate for employment. Makes further changes concerning the jurisdiction of the Department of Central Management Services with respect to selection and tenure on the basis of merit and fitness. Effective January 1, 2022.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-08-27 - Public Act . . . . . . . . . 102-0617 [HB3914 Detail]

Download: Illinois-2021-HB3914-Chaptered.html

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Public Act 102-0617
HB3914 Enrolled LRB102 16820 RJF 22223 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Positive
Action Act.
Section 5. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
adding Sections 405-101, 405-123, and 405-124 as follows:
(20 ILCS 405/405-101 new)
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.
(20 ILCS 405/405-123 new)
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.
(20 ILCS 405/405-124 new)
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.
Section 10. The Personnel Code is amended by changing
Section 8b.4 as follows:
(20 ILCS 415/8b.4) (from Ch. 127, par. 63b108b.4)
Sec. 8b.4. For the rejection of candidates or eligibles
who fail to comply with reasonable previously specified job
requirements of the Director in regard to such factors as age,
physical and psychological condition, training and experience;
who have been guilty of infamous or disgraceful conduct; who
are addicted to alcohol to excess or to controlled substances
or uses cannabis; or who have attempted any deception or fraud
in connection with an examination. Those candidates who are
alleged to have attempted deception or fraud in connection
with an examination shall be afforded the opportunity to
appeal and provide information to support their appeal which
shall be considered when determining their eligibility as a
candidate for employment.
(Source: P.A. 77-773.)
Section 99. Effective date. This Act takes effect January

1, 2022.