SB3801 97TH GENERAL ASSEMBLY

LRB097 20424 JDS 65911 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3801

Introduced 2/10/2012, by Sen. Christine Radogno

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Public Labor Relations Act. Requires any collective bargaining agreement entered into, amended, or renewed on or after the effective date of the amendatory Act by the Governor, or an agency, bureau, department, division, or office under the jurisdiction of the Governor, and a labor organization that represents State employees to be reduced to writing. Requires the Governor, or his or her designee, and the labor organization to prepare a joint projection of the costs that are to be paid by the State during each State fiscal year that is covered by the agreement. Sets forth requirements for the joint projection. Requires the Governor to submit a copy of the agreement, a copy of the joint projection, and a request for funds necessary to implement the agreement to the Commission on Government Forecasting and Accountability, the legislative leaders, and the Index Department of the Office of the Secretary of State within 10 days after executing the agreement. Requires the Commission, during the 50 days that follow the receipt of those materials, to conduct an independent assessment of the joint projection, hold at least one public hearing regarding the agreement, and issue an advisory opinion. Requires the Commission to file a copy of its opinion with the Governor, the legislative leaders, and the Index Department of the Office of the Secretary of State and to make the opinion available to the public upon request. Requires the Governor and the labor organization to also prepare a joint projection for any agreement of this sort that is in effect on the effective date of the amendatory Act. Amends the Personnel Code and the Commission on Government Forecasting and Accountability Act to make conforming changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Labor Relations Act is amended by adding Section 21.1 as follows:

(5 ILCS 315/21.1 new)

Sec. 21.1. Transparency of collective bargaining agreements reached by the Governor and labor organizations representing State employees.

(a) Any collective bargaining agreement entered into, amended, or renewed, on or after the effective date of this Section, by the Governor, or an agency, bureau, department, division, or office under the jurisdiction of the Governor, and a labor organization that represents State employees must be reduced to writing. Once the agreement is reduced to writing, the Governor, or his or her designee, and the labor organization must prepare a joint projection of the costs that are to be paid by the State during each State fiscal year that is covered by the agreement. The joint projection must (i) accurately and in as detailed a manner as is possible project how funds provided by the State to implement the agreement will be allocated for services during each State fiscal year covered by the agreement and (ii) set forth the assumptions upon which its projections are based. Within 10 days after executing an agreement that is subject to this Section, the Governor shall submit a copy of the agreement, a copy of the joint projection, and a request for funds necessary to implement the agreement to the Commission on Government Forecasting and Accountability, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the Index Department of the Office of the Secretary of State. During the 50 days that follow its receipt of those materials, the Commission shall conduct an independent assessment of the joint projection, hold at least one public hearing regarding the agreement, and issue an advisory opinion. That advisory opinion must, at a minimum, provide the results of the Commission's independent assessment for each fiscal year that is covered by the agreement. To facilitate the ability of the Commission to conduct its independent assessment of the joint projection, the Governor and the parties to the contract shall provide the Commission with any information that it requests. As soon as possible after issuing its advisory opinion, the Commission shall file a copy of its opinion with the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the Index Department of the Office of the Secretary of State. The Commission shall also make copies of its opinion available to the public upon request.

(b) If a collective bargaining agreement between the Governor, or an agency, bureau, department, division, or office under the jurisdiction of the Governor, and a labor organization that represents State employees is in effect on the effective date of this Section, the Governor, or his or her designee, and the labor organizations that are covered by that agreement must prepare a joint projection of the amounts that, on the effective date of this Section, remain to be paid by the State in each State fiscal year covered by the agreement. The joint projection must (i) accurately and in as detailed a manner as is possible project how funds provided by the State to implement the agreement will be allocated for services during each State fiscal year covered by the agreement and (ii) set forth the assumptions upon which its projections are based. Within 30 days after the effective date of this Section, the Governor shall submit a copy of the joint projection to the Commission on Government Forecasting and Accountability, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the Index Department of the Office of the Secretary of State.

Section 10. The Personnel Code is amended by changing Section 9 as follows:

(20 ILCS 415/9) (from Ch. 127, par. 63b109)

Sec. 9. Director, powers and duties. The Director, as executive head of the Department, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed upon him elsewhere in this law, it shall be his duty:

(1) To apply and carry out this law and the rules adopted thereunder.

(2) To attend meetings of the Commission.

(3) To establish and maintain a roster of all employees subject to this Act, in which there shall be set forth, as to each employee, the class, title, pay, status, and other pertinent data.

(4) To appoint, subject to the provisions of this Act, such employees of the Department and such experts and special assistants as may be necessary to carry out effectively this law.

(5) Subject to such exemptions or modifications as may be necessary to assure the continuity of federal contributions in those agencies supported in whole or in part by federal funds, to make appointments to vacancies; to approve all written charges seeking discharge, demotion, or other disciplinary measures provided in this Act and to approve transfers of employees from one geographical area to another in the State, in offices, positions or places of employment covered by this Act, after consultation with the operating unit.

(6) To formulate and administer service wide policies and programs for the improvement of employee effectiveness, including training, safety, health, incentive recognition, counseling, welfare and employee relations. The Department shall formulate and administer recruitment plans and testing of potential employees for agencies having direct contact with significant numbers of non-English speaking or otherwise culturally distinct persons. The Department shall require each State agency to annually assess the need for employees with appropriate bilingual capabilities to serve the significant numbers of non-English speaking or culturally distinct persons. The Department shall develop a uniform procedure for assessing an agency's need for employees with appropriate bilingual capabilities. Agencies shall establish occupational titles or designate positions as "bilingual option" for persons having sufficient linguistic ability or cultural knowledge to be able to render effective service to such persons. The Department shall ensure that any such option is exercised according to the agency's needs assessment and the requirements of this Code. The Department shall make annual reports of the needs assessment of each agency and the number of positions calling for non-English linguistic ability to whom vacancy postings were sent, and the number filled by each agency. Such policies and programs shall be subject to approval by the Governor. Such policies, program reports and needs assessment reports shall be filed with the General Assembly by January 1 of each year and shall be available to the public.

The Department shall include within the report required above the number of persons receiving the bilingual pay supplement established by Section 8a.2 of this Code. The report shall provide the number of persons receiving the bilingual pay supplement for languages other than English and for signing. The report shall also indicate the number of persons, by the categories of Hispanic and non-Hispanic, who are receiving the bilingual pay supplement for language skills other than signing, in a language other than English.

(7) Subject to the requirements of Section 21.1 of the Illinois Public Labor Relations Act, to To conduct negotiations affecting pay, hours of work, or other working conditions of employees subject to this Act.

(8) To make continuing studies to improve the efficiency of State services to the residents of Illinois, including but not limited to those who are non-English speaking or culturally distinct, and to report his findings and recommendations to the Commission and the Governor.

(9) To investigate from time to time the operation and effect of this law and the rules made thereunder and to report his findings and recommendations to the Commission and to the Governor.

(10) To make an annual report regarding the work of the Department, and such special reports as he may consider desirable, to the Commission and to the Governor, or as the Governor or Commission may request.

(11) To conduct research and planning regarding the total manpower needs of all offices, including the Lieutenant Governor, Secretary of State, State Treasurer, State Comptroller, State Superintendent of Education, and Attorney General, and of all departments, agencies, boards, and commissions of the executive branch, except state-supported colleges and universities, and for that purpose to prescribe forms for the reporting of such personnel information as the department may request both for positions covered by this Act and for those exempt in whole or in part.

(12) To prepare and publish a semi-annual statement showing the number of employees exempt and non-exempt from merit selection in each department. This report shall be in addition to other information on merit selection maintained for public information under existing law.

(13) To authorize in every department or agency subject to Jurisdiction C the use of flexible hours positions. A flexible hours position is one that does not require an ordinary work schedule as determined by the Department and includes but is not limited to: 1) a part time job of 20 hours or more per week, 2) a job which is shared by 2 employees or a compressed work week consisting of an ordinary number of working hours performed on fewer than the number of days ordinarily required to perform that job. The Department may define flexible time to include other types of jobs that are defined above.

The Director and the director of each department or agency shall together establish goals for flexible hours positions to be available in every department or agency.

The Department shall give technical assistance to departments and agencies in achieving their goals, and shall report to the Governor and the General Assembly each year on the progress of each department and agency.

When a goal of 10% of the positions in a department or agency being available on a flexible hours basis has been reached, the Department shall evaluate the effectiveness and efficiency of the program and determine whether to expand the number of positions available for flexible hours to 20%.

When a goal of 20% of the positions in a department or agency being available on a flexible hours basis has been reached, the Department shall evaluate the effectiveness and efficiency of the program and determine whether to expand the number of positions available for flexible hours.

Each department shall develop a plan for implementation of flexible work requirements designed to reduce the need for day care of employees' children outside the home. Each department shall submit a report of its plan to the Department of Central Management Services and the General Assembly. This report shall be submitted biennially by March 1, with the first report due March 1, 1993.

(14) To perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this law.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 86-1004; 87-552; 87-1050.)

Section 15. The Commission on Government Forecasting and Accountability Act is amended by changing Section 3 as follows:

(25 ILCS 155/3) (from Ch. 63, par. 343)

Sec. 3. The Commission shall:

(1) Study from time to time and report to the General Assembly on economic development and trends in the State.

(2) Make such special economic and fiscal studies as it deems appropriate or desirable or as the General Assembly may request.

(3) Based on its studies, recommend such State fiscal and economic policies as it deems appropriate or desirable to improve the functioning of State government and the economy of the various regions within the State.

(4) Prepare annually a State economic report.

(5) Provide information for all appropriate legislative organizations and personnel on economic trends in relation to long range planning and budgeting.

(6) Study and make such recommendations as it deems appropriate to the General Assembly on local and regional economic and fiscal policy and on federal fiscal policy as it may affect Illinois.

(7) Review capital expenditures, appropriations and authorizations for both the State's general obligation and revenue bonding authorities. At the direction of the Commission, specific reviews may include economic feasibility reviews of existing or proposed revenue bond projects to determine the accuracy of the original estimate of useful life of the projects, maintenance requirements and ability to meet debt service requirements through their operating expenses.

(8) Receive and review all executive agency and revenue bonding authority annual and 3 year plans. The Commission shall prepare a consolidated review of these plans, an updated assessment of current State agency capital plans, a report on the outstanding and unissued bond authorizations, an evaluation of the State's ability to market further bond issues and shall submit them as the "Legislative Capital Plan Analysis" to the House and Senate Appropriations Committees at least once a year. The Commission shall annually submit to the General Assembly on the first Wednesday of April a report on the State's long-term capital needs, with particular emphasis upon and detail of the 5-year period in the immediate future.

(9) Study and make recommendations it deems appropriate to the General Assembly on State bond financing, bondability guidelines, and debt management. At the direction of the Commission, specific studies and reviews may take into consideration short and long-run implications of State bonding and debt management policy.

(10) Comply with the provisions of the "State Debt Impact Note Act" as now or hereafter amended.

(11) Comply with the provisions of the Pension Impact Note Act, as now or hereafter amended.

(12) By August 1st of each year, the Commission must prepare and cause to be published a summary report of State appropriations for the State fiscal year beginning the previous July 1st. The summary report must discuss major categories of appropriations, the issues the General Assembly faced in allocating appropriations, comparisons with appropriations for previous State fiscal years, and other matters helpful in providing the citizens of Illinois with an overall understanding of appropriations for that fiscal year. The summary report must be written in plain language and designed for readability. Publication must be in newspapers of general circulation in the various areas of the State to ensure distribution statewide. The summary report must also be published on the General Assembly's web site.

(13) Comply with the provisions of the State Facilities Closure Act.

(14) For fiscal year 2012 and thereafter, develop a 3-year budget forecast for the State, including opportunities and threats concerning anticipated revenues and expenditures, with an appropriate level of detail.

(15) Comply with the provisions of Section 21.1 of the Illinois Public Labor Relations Act.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 96-958, eff. 7-1-10.)