2005 Illinois Code - 5 ILCS 410/ State Employment Records Act. Article 1
(5 ILCS 410/Art. 1 heading)
ARTICLE 1
(5 ILCS 410/1)
Sec. 1.
Short title.
This Article may be cited as the State Employment
Records Act, and references in this Article to "this Act" mean this Article.
(Source: P.A. 87‑1211.)
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(5 ILCS 410/5)
Sec. 5.
Findings and purpose.
The General Assembly hereby
finds as follows:
(a) Efficient, responsive, and accountable disbursement of State
services is best facilitated by a diversified State work force which
reflects the diversity of the tax‑paying constituency the State work force
is employed to serve.
(b) The purpose of this Act is to require and develop within
existing State administrative processes a comprehensive procedure to
collect, classify, maintain, and publish, for State and public use,
information that provides the General Assembly and the People of this State
with adequate information of the number of minorities, women, and physically
disabled persons employed by State government within the State work force.
(c) To provide State officials, administrators and the People
of the State with information to help guide efforts to achieve a more
diversified State work force, the total number of persons employed within
the State work force shall be tabulated in a comprehensive manner to
provide meaningful review of the number and percentage of minorities, women,
and physically disabled persons employed as part of the State work force.
(Source: P.A. 87‑1211.)
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(5 ILCS 410/10)
Sec. 10.
Definitions.
As used in this Act:
(a) "Agency work force" means those persons employed by a State agency
who are part of the State work force.
(b) "Contractual services employee" means a person employed by the
State, or a State supported institution of higher education, under a
written contract and paid by a State system CO‑2 voucher (or its
administrative equivalent) whose daily duties and responsibilities are
directly or indirectly supervised or managed by a person paid by a payroll
warrant (or its administrative equivalent) funded by State funds or pass
through funds.
(c) "Agency" or "State agency" means those entities included in the
definition of "State agencies" in the Illinois State Auditing Act.
(d) "Minority" means a person who is:
(1) African American (a person having origins in any |
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of the black racial groups in Africa);
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(2) Hispanic (a person of Spanish or Portuguese
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culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race);
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(3) Asian American (a person having origins in any
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of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or
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(4) Native American (a person having origins in any
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of the original peoples of North America).
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(e) "Professional employee" means a person employed to perform
employment duties requiring academic training, evidenced by a graduate or
advanced degree from an accredited institution of higher education, and
who, in the performance of those employment duties, may only engage in active
practice of the academic training received when licensed or certified by
the State of Illinois.
(f) "State employee" means any person employed within the State work force.
(g) "State work force" means all persons employed by the State of
Illinois as evidenced by:
(1) the total number of all payroll warrants (or
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their administrative equivalent) issued by the Comptroller to pay:
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(i) persons subject to the Personnel Code; and
(ii) for the sole purpose of providing accurate
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statistical information, all persons exempt from the Personnel Code; and
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(2) the total number of payroll warrants (or their
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administrative equivalent) funded by State appropriation which are issued by educational institutions governed by the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Governors of State Colleges and Universities, and the Board of Regents; and
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(3) the total number of contractual payroll system
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CO‑2 vouchers (or their administrative equivalent) funded by State revenues and issued by:
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(i) the State Comptroller; and
(ii) the issuing agents of the educational
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institutions listed in subdivision (2) of this subsection (g).
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"State work force" does not, however, include
persons holding elective State office.
(Source: P.A. 87‑1211.)
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(5 ILCS 410/15)
Sec. 15. Reported information.
(a) State agencies shall, if necessary, consult with the Office of the
Comptroller and the
Governor's Office of Management and Budget to confirm the accuracy of information
required by this Act. State agencies shall collect and maintain information
and publish reports including but not limited to the following information
arranged in the indicated categories:
(i) the total number of persons employed by the
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agency who are part of the State work force, as defined by this Act, and the number and statistical percentage of women, minorities, and physically disabled persons employed within the agency work force;
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(ii) the total number of persons employed within the
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agency work force receiving levels of State remuneration within incremental levels of $10,000, and the number and statistical percentage of minorities, women, and physically disabled persons in the agency work force receiving levels of State remuneration within incremented levels of $10,000;
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(iii) the number of open positions of employment or
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advancement in the agency work force, reported on a fiscal year basis;
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(iv) the number and percentage of open positions of
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employment or advancement in the agency work force filled by minorities, women, and physically disabled persons, reported on a fiscal year basis;
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(v) the total number of persons employed within the
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agency work force as professionals, and the number and percentage of minorities, women, and physically disabled persons employed within the agency work force as professional employees; and
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(vi) the total number of persons employed within the
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agency work force as contractual service employees, and the number and percentage of minorities, women, and physically disabled persons employed within the agency work force as contractual services employees.
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(b) The numbers and percentages of minorities required to be reported by
this Section shall be identified by categories as Hispanic, African American,
Asian American, and Native American. Data concerning women shall be
reported on a minority and nonminority basis.
The numbers and percentages of physically disabled persons required to be
reported under this Section shall be identified by categories as male and
female.
(c) To accomplish consistent and uniform classification and collection of
information from each State agency, and to ensure full compliance and that all
required information is provided, the Index Department of the Office of the
Secretary of State, in consultation with the Department of Human Rights, the
Department of Central Management Services, and the Office of the Comptroller,
shall develop appropriate forms to be used by all State agencies subject to the
reporting requirements of this Act.
All State agencies shall make the reports required by this Act using the
forms developed under this subsection. The reports must be certified and
signed by an official of the agency who is responsible for the information
provided.
(Source: P.A. 94‑793, eff. 5‑19‑06.)
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(5 ILCS 410/20)
Sec. 20. Reports. State agencies shall collect, classify, maintain, and
report all information required by this Act on a fiscal year basis. Agencies
shall file, as public information and by January 1, 1993 and each year
thereafter, a copy of all reports required by this Act with the Office of the
Secretary of State, and shall submit an annual report to the Governor.
Each agency's annual report shall include a description of the agency's activities in implementing the State Hispanic Employment Plan and the bilingual employment plan in accordance with the reporting requirements developed by the Department of Central Management Services pursuant to Section 405‑125 of the Civil Administrative Code.
(Source: P.A. 94‑597, eff. 1‑1‑06.)
(5 ILCS 410/25)
Sec. 25.
Penalties.
Any State employee, State official, or any other person
who intentionally falsifies, attempts to falsify, aids, or attempts to aid the
falsification of information required by this Act, or who intentionally fails
or refuses to comply with the provisions of this Act, is guilty of a Class A
misdemeanor. In addition to any criminal penalties imposed, State employees or
other persons employed by the State shall be terminated from employment, and
State officials shall be removed from office upon conviction of a violation of
this Section.
(Source: P.A. 87‑1211.)
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(5 ILCS 410/30)
Sec. 30.
Illinois State Auditing Act.
This Act is subject to Section
3‑2.2 of the Illinois State Auditing Act.
(Source: P.A. 89‑670, eff. 8‑14‑96.)
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