2023 Illinois Compiled Statutes › Chapter 5 - GENERAL PROVISIONS › 5 ILCS 410/ - State Employment Records Act. › Article 1 - State Employment Records Act

(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.)
(5 ILCS 410/5)
(Text of Section before amendment by P.A. 103-304)
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 persons with physical disabilities 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 persons with physical disabilities employed as part of the State work force.(Source: P.A. 99-143, eff. 7-27-15.)
(Text of Section after amendment by P.A. 103-304)
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, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities 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, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities employed as part of the State work force.(Source: P.A. 103-304, eff. 7-1-25.)
(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 any of the following:
(1) American Indian or Alaska Native (a person having     origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the     original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having     origins in any of the black racial groups of Africa).
(4) Hispanic or Latino (a person of Cuban, Mexican,     Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a     person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
(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     their administrative equivalent) issued by the Comptroller to pay:
(i) persons subject to the Personnel Code; and
(ii) for the sole purpose of providing accurate         statistical information, all persons exempt from the Personnel Code; and
(2) the total number of payroll warrants (or their     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
(3) the total number of contractual payroll system     CO-2 vouchers (or their administrative equivalent) funded by State revenues and issued by:
(i) the State Comptroller; and
(ii) the issuing agents of the educational         institutions listed  in subdivision (2) of this subsection (g).
"State work force" does not, however, include
persons holding elective State office.
(Source: P.A. 102-465, eff. 1-1-22.)
(5 ILCS 410/15)
(Text of Section before amendment by P.A. 103-304)
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     agency who are part of the State work force, as defined by this Act, and the number and statistical percentage of women, minorities, and persons with physical disabilities employed within the agency work force;
(ii) the total number of persons employed within the     agency work force receiving levels of State remuneration within incremental levels of $10,000, and the number and statistical percentage of minorities, women, and persons with physical disabilities in the agency work force receiving levels of State remuneration within incremented levels of $10,000;
(iii) the number of open positions of employment or     advancement in the agency work force, reported on a fiscal year basis;
(iv) the number and percentage of open positions of     employment or advancement in the agency work force filled by minorities, women, and persons with physical disabilities, reported on a fiscal year basis;
(v) the total number of persons employed within the     agency work force as professionals, and the number and percentage of minorities, women, and persons with physical disabilities employed within the agency work force as professional employees; and
(vi) the total number of persons employed within the     agency work force as contractual service employees, and the number and percentage of minorities, women, and persons with physical disabilities employed within the agency work force as contractual services employees.
(b) The numbers and percentages of minorities required to be reported by
this Section shall be identified by the following categories:
(1) American Indian or Alaska Native (a person having     origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the     original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having     origins in any of the black racial groups of Africa).
(4) Hispanic or Latino (a person of Cuban, Mexican,     Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a     person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
Data concerning women shall be
reported on a minority and nonminority basis.
The numbers and percentages of persons with physical disabilities 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. 102-465, eff. 1-1-22.)
(Text of Section after amendment by P.A. 103-304)
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     agency who are part of the State work force, as defined by this Act, and the number and statistical percentage of women, minorities, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities employed within the agency work force;
(ii) the total number of persons employed within the     agency work force receiving levels of State remuneration within incremental levels of $10,000, and the number and statistical percentage of minorities, women, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities in the agency work force receiving levels of State remuneration within incremented levels of $10,000;
(iii) the number of open positions of employment or     advancement in the agency work force, reported on a fiscal year basis;
(iv) the number and percentage of open positions of     employment or advancement in the agency work force filled by minorities, women, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities, reported on a fiscal year basis;
(v) the total number of persons employed within the     agency work force as professionals, and the number and percentage of minorities, women, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities employed within the agency work force as professional employees; and
(vi) the total number of persons employed within the     agency work force as contractual service employees, and the number and percentage of minorities, women, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities employed within the agency work force as contractual services employees.
(b) The numbers and percentages of minorities required to be reported by
this Section shall be identified by the following categories:
(1) American Indian or Alaska Native (a person having     origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the     original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having     origins in any of the black racial groups of Africa).
(4) Hispanic or Latino (a person of Cuban, Mexican,     Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a     person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
Data concerning women and persons who identify as non-binary or gender non-conforming shall be
reported on a minority and nonminority basis.
The numbers and percentages of persons with physical disabilities required to be
reported under this Section shall be identified by categories as man, woman, and persons who identify as non-binary or gender non-conforming.
(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. 102-465, eff. 1-1-22; 103-304, eff. 7-1-25.)
(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, the State Asian-American 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 Department of Central Management Services Law of the Civil Administrative Code of Illinois.
In addition to submitting the agency work force report, each executive branch constitutional officer, each institution of higher education under the jurisdiction of the Illinois Board of Higher Education, each community college under the jurisdiction of the Illinois Community College Board, and the Illinois Toll Highway Authority shall report to the General Assembly by February 1 of each year its activities implementing strategies and programs, and its progress, in the hiring and promotion of Hispanics, Asian-Americans, and bilingual persons at supervisory, technical, professional, and managerial levels, including assessments of bilingual service needs and information received from the Auditor General pursuant to its periodic review responsibilities.
(Source: P.A. 101-81, eff. 7-12-19.)
(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.)
(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.)