Bill Text: IL SB2933 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Personnel Code. Authorizes the appointment, without competitive examination, interview, or other pre-employment testing, of a person who has served as an employee in a trainee position with an agency for a period of at least one year and who has a severe disabling condition that impairs his or her ability to successfully complete examinations, interviews, or other pre-employment testing, provided that a counselor of the Division of Rehabilitation Services in the Department of Human Services has certified to the agency that the person is capable of performing the primary functions of the position. Specifies that appointments of such persons shall be without regard to eligible lists and without regard to the provisions of the Code requiring the appointment of the person standing among the 3 highest on the appropriate eligible list to fill a vacancy or from the highest category ranking group if the list is by rankings instead of numerical rankings. Effective immediately.

Sponsorship: Slight Partisan Bill (Democrat 4-2)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2933 Detail]

Download: Illinois-2011-SB2933-Amended.html

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Sen. Susan Garrett

Filed: 3/1/2012

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AMENDMENT TO SENATE BILL 2933
AMENDMENT NO. ______. Amend Senate Bill 2933 by replacing
everything after the enacting clause with the following:
"Section 5. The Personnel Code is amended by changing
Section 8c as follows:
(20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
Sec. 8c. Jurisdiction C; conditions of employment. For
positions in the the State service subject to the jurisdiction
of the Department of Central Management Services with respect
to conditions of employment:
(1) For establishment of a plan for resolving employee
grievances and complaints, excluding compulsory arbitration.
(2) For hours of work, holidays, and attendance regulation
in the various classes of positions in the State service; for
annual, sick and special leaves of absence, with or without pay
or with reduced pay; for compensatory time off for overtime or

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for pay for overtime, and for the rate at which compensatory
time off is to be allowed or for the rate which is to be paid
for overtime. If the services of an employee in the State
service are terminated by reason of his retirement, disability
or death, he, or his estate, as the case may be, shall be paid a
lump sum, for the number of days for leave for personal
business which the employee had accumulated but not used as of
the date his services were terminated, in an amount equal to
1/2 of his pay per working day times the number of such leave
days so accumulated and not used.
(3) For the development and operation of programs to
improve the work effectiveness and morale of employees in the
State service, including training, safety, health, welfare,
counseling, recreation, employee relations, a suggestion
system, and others.
Employees whose tuition and fees are paid by the State,
either directly or by reimbursement, shall incur a work
commitment to the State. Employees whose State paid training
has not led to a postsecondary degree shall be obligated to
continue in the employ of the State, but not necessarily in the
same agency, for a period of at least 18 months following
completion of the most recent course. Employees whose State
paid training has led to a postsecondary degree and whose State
payments have paid for 50% or more of the required credit hours
shall be obligated to continue in the employ of the State, but
not necessarily in the same agency, for a minimum of 4 years

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after receiving the degree.
If the employee does not fulfill this work commitment by
voluntarily leaving State employment, the State may recover
payments in a civil action and may also recover interest at the
rate of 1% per month from the time the State makes payment
until the time the State recovers the payment. The amount the
State may recover under this subsection (3) shall be reduced by
25% of the gross amount paid by the State for each year the
employee is employed by the State after the employee receives a
postsecondary degree, and 1/18th of the gross amount paid by
the State for each month the employee is employed by the State
after the employee completes the most recent course which has
not led to a postsecondary degree.
The State shall not recover payments for course work or a
training program that was (a) started before the effective date
of this Act; (b) completed as a requirement for a grammar
school certificate or a high school diploma, to prepare for a
high school level General Educational Development Test or to
improve literacy or numeracy; (c) specialized training in the
form of a conference, seminar, workshop or similar arrangement
offered by public or private organizations; (d) provided as
part of the Upward Mobility Program administered by the
Department of Central Management Services; or (e) a condition
of continued employment.
Department of State Police employees who are enrolled in an
official training program that lasts longer than one year shall

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incur a work commitment to the State. The work commitment shall
be 2 months for each month of completed training. If the
employee fails to fulfill this work commitment by voluntarily
leaving State employment, the State may recover wages in a
civil action and may also recover interest at the rate of 1%
per month from the time the State makes payment until the time
the State recovers the payment. The amount the State may
recover under this subsection (3) shall be reduced by the
number of months served after the training is completed times
the monthly salary at the time of separation.
The Department of Central Management Services shall
promulgate rules governing recovery activities to be used by
all State agencies paying, whether directly or by
reimbursement, for employee tuition and fees. Each such agency
shall make necessary efforts, including pursuing appropriate
legal action, to recover the actual reimbursements and
applicable interest due the State under this subsection (3).
(4) For the establishment of a sick pay plan in accordance
with Section 36 of the State Finance Act.
(5) For the establishment of a family responsibility leave
plan under which an employee in the State service may request
and receive a leave of absence for up to one year without
penalty whenever such leave is requested to enable the employee
to meet a bona fide family responsibility of such employee. The
procedure for determining and documenting the existence of a
bona fide family responsibility shall be as provided by rule,

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but without limiting the circumstances which shall constitute a
bona fide family responsibility under the rules, such
circumstances shall include leave incident to the birth of the
employee's child and the responsibility thereafter to provide
proper care to that child or to a newborn child adopted by the
employee, the responsibility to provide regular care to a
disabled, incapacitated or bedridden resident of the
employee's household or member of the employee's family, and
the responsibility to furnish special guidance, care and
supervision to a resident of the employee's household or member
of the employee's family in need thereof under circumstances
temporarily inconsistent with uninterrupted employment in
State service. The family responsibility leave plan so
established shall provide that any such leave shall be without
pay, that the seniority of the employee on such leave shall not
be reduced during the period of the leave, that such leave
shall not under any circumstance or for any purpose be deemed
to cause a break in such employee's State service, that during
the period of such leave any coverage of the employee or the
employee's dependents which existed at the commencement of the
leave under any group health, hospital, medical and life
insurance plan provided through the State shall continue so
long as the employee pays to the State when due the full
premium incident to such coverage, and that upon expiration of
the leave the employee shall be returned to the same position
and classification which such employee held at the commencement

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of the leave. The Director of Central Management Services shall
prepare proposed rules consistent with this paragraph within 45
days after the effective date of this amendatory Act of 1983,
shall promptly thereafter cause a public hearing thereon to be
held as provided in Section 8 and shall within 120 days after
the effective date of this amendatory Act of 1983 cause such
proposed rules to be submitted to the Civil Service Commission
as provided in Section 8.
(6) For the development and operation of a plan for
alternative employment for any employee who is able to perform
alternative employment after a work related or non-work related
disability essentially precludes that employee from performing
his or her currently assigned duties. Such a plan shall be
voluntary for any employee and nonparticipation shall not be
grounds for denial of any benefit to which the employee would
otherwise be eligible. Any plan seeking to cover positions for
which there is a recognized bargaining agent shall be subject
to collective bargaining between the parties.
(7) For the development and operation of an Executive
Development Program to provide scholarships for the receipt of
academic degrees or senior executive training beyond the
Bachelor's degree level for as many as 25 employees at any
given time:
(i) each of whom is nominated for such scholarship by
the head of the employee's agency and approved by the
Director;

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(ii) who are subject to Term Appointment under Section
8b.18 or who would be subject to such Term Appointment but
for Federal funding or who are exempt from Jurisdiction B
under subsections (2), (3) or (6) of Section 4d of this
Act:
(iii) who meet the admission standards established by
the institution awarding the advanced degree or conducting
the training;
(iv) each of whom agrees, as a condition of accepting
such scholarship, that the State may recover the
scholarship by garnishment, lien or other appropriate
legal action if the employee fails to continue in the
employ of the State, but not necessarily in the same
agency, for a minimum of 4 years following receipt of an
advanced degree or training and that the State may charge
interest from the time of payment until the time of
recovery of such scholarship of no less than 1% per month
or 12% per annum on all funds recovered by the State. The
amount the State may recover under this Section will be
reduced by 25% of the gross amount paid by the State for
each year of employment following receipt of the advanced
degree or training.
The Director shall in approving eligible employees for the
Executive Development Program make every attempt to guarantee
that at least 1/3 of the employees appointed to the program
reflect the ratio of sex, race, and ethnicity of eligible

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employees.
Such scholarships shall not exceed the amount established
for tuition and fees for the applicable advanced degree or
training at State universities in Illinois whether the employee
enrolls at any Illinois public or private institution, and
shall not include any textbooks or equipment such as personal
computers.
The Department of Central Management Services shall make
necessary efforts, including appropriate legal action, to
recover scholarships and interest thereupon due subject to
recovery by the State under Subparagraph (iv) of this
Subsection (7).
(Source: P.A. 91-357, eff. 7-29-99.)".