Full Text of HB4236 96th General Assembly
HB4236sam001 96TH GENERAL ASSEMBLY
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Sen. John M. Sullivan
Filed: 5/6/2009
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| AMENDMENT TO HOUSE BILL 4236
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| AMENDMENT NO. ______. Amend House Bill 4236 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing Section 3 as follows: | 6 |
| (5 ILCS 315/3) (from Ch. 48, par. 1603) | 7 |
| Sec. 3. Definitions. As used in this Act, unless the | 8 |
| context
otherwise requires:
| 9 |
| (a) "Board" means the Illinois
Labor Relations Board or, | 10 |
| with respect to a matter over which the
jurisdiction of the | 11 |
| Board is assigned to the State Panel or the Local Panel
under | 12 |
| Section 5, the panel having jurisdiction over the matter.
| 13 |
| (b) "Collective bargaining" means bargaining over terms | 14 |
| and conditions
of employment, including hours, wages, and other | 15 |
| conditions of employment,
as detailed in Section 7 and which | 16 |
| are not excluded by Section 4.
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| (c) "Confidential employee" means an employee who, in the | 2 |
| regular course
of his or her duties, assists and acts in a | 3 |
| confidential capacity to persons
who formulate, determine, and | 4 |
| effectuate management policies with regard
to labor relations | 5 |
| or who, in the regular course of his or her duties, has
| 6 |
| authorized access to information relating to the effectuation
| 7 |
| or review of the employer's collective bargaining policies.
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| (d) "Craft employees" means skilled journeymen, crafts | 9 |
| persons, and their
apprentices and helpers.
| 10 |
| (e) "Essential services employees" means those public | 11 |
| employees
performing functions so essential that the | 12 |
| interruption or termination of
the function will constitute a | 13 |
| clear and present danger to the health and
safety of the | 14 |
| persons in the affected community.
| 15 |
| (f) "Exclusive representative", except with respect to | 16 |
| non-State fire
fighters and paramedics employed by fire | 17 |
| departments and fire protection
districts, non-State peace | 18 |
| officers, and peace officers in the
Department of State Police, | 19 |
| means the labor organization that has
been (i) designated by | 20 |
| the Board as the representative of a majority of public
| 21 |
| employees in an appropriate bargaining unit in accordance with | 22 |
| the procedures
contained in this Act, (ii) historically
| 23 |
| recognized by the State of Illinois or
any political | 24 |
| subdivision of the State before July 1, 1984
(the effective | 25 |
| date of this
Act) as the exclusive representative of the | 26 |
| employees in an appropriate
bargaining unit, (iii) after July |
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| 1, 1984 (the
effective date of this Act) recognized by an
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| employer upon evidence, acceptable to the Board, that the labor
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| organization has been designated as the exclusive | 4 |
| representative by a
majority of the employees in an appropriate | 5 |
| bargaining unit;
(iv) recognized as the exclusive | 6 |
| representative of personal care attendants
or personal
| 7 |
| assistants under Executive Order 2003-8 prior to the effective | 8 |
| date of this
amendatory
Act of the 93rd General Assembly, and | 9 |
| the organization shall be considered to
be the
exclusive | 10 |
| representative of the personal care attendants or personal | 11 |
| assistants
as defined
in this Section; or (v) recognized as the | 12 |
| exclusive representative of child and day care home providers, | 13 |
| including licensed and license exempt providers, pursuant to an | 14 |
| election held under Executive Order 2005-1 prior to the | 15 |
| effective date of this amendatory Act of the 94th General | 16 |
| Assembly, and the organization shall be considered to be the | 17 |
| exclusive representative of the child and day care home | 18 |
| providers as defined in this Section.
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| With respect to non-State fire fighters and paramedics | 20 |
| employed by fire
departments and fire protection districts, | 21 |
| non-State peace officers, and
peace officers in the Department | 22 |
| of State Police,
"exclusive representative" means the labor | 23 |
| organization that has
been (i) designated by the Board as the | 24 |
| representative of a majority of peace
officers or fire fighters | 25 |
| in an appropriate bargaining unit in accordance
with the | 26 |
| procedures contained in this Act, (ii)
historically recognized
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| by the State of Illinois or any political subdivision of the | 2 |
| State before
January 1, 1986 (the effective date of this | 3 |
| amendatory Act of 1985) as the exclusive
representative by a | 4 |
| majority of the peace officers or fire fighters in an
| 5 |
| appropriate bargaining unit, or (iii) after January 1,
1986 | 6 |
| (the effective date of this amendatory
Act of 1985) recognized | 7 |
| by an employer upon evidence, acceptable to the
Board, that the | 8 |
| labor organization has been designated as the exclusive
| 9 |
| representative by a majority of the peace officers or fire | 10 |
| fighters in an
appropriate bargaining unit.
| 11 |
| Where an historical pattern of representation exists for | 12 |
| the workers of a private medical vendor prior to becoming | 13 |
| certified employees under the Personnel Code, the Board shall | 14 |
| find the labor organization that has historically represented | 15 |
| the workers to be the exclusive representative under this Act, | 16 |
| and shall find the unit represented by the exclusive | 17 |
| representative to be the appropriate unit. Nothing shall | 18 |
| preclude the exclusive representative of the workers from | 19 |
| petitioning the Illinois Labor Relations Board for unit | 20 |
| clarification to include any or all of the employees in an | 21 |
| existing bargaining unit or units. | 22 |
| (g) "Fair share agreement" means an agreement between the | 23 |
| employer and
an employee organization under which all or any of | 24 |
| the employees in a
collective bargaining unit are required to | 25 |
| pay their proportionate share of
the costs of the collective | 26 |
| bargaining process, contract administration, and
pursuing |
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| matters affecting wages, hours, and other conditions of | 2 |
| employment,
but not to exceed the amount of dues uniformly | 3 |
| required of members. The
amount certified by the exclusive | 4 |
| representative shall not include any fees
for contributions | 5 |
| related to the election or support of any candidate for
| 6 |
| political office. Nothing in this subsection (g) shall
preclude | 7 |
| an employee from making
voluntary political contributions in | 8 |
| conjunction with his or her fair share
payment.
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| (g-1) "Fire fighter" means, for the purposes of this Act | 10 |
| only, any
person who has been or is hereafter appointed to a | 11 |
| fire department or fire
protection district or employed by a | 12 |
| state university and sworn or
commissioned to perform fire | 13 |
| fighter duties or paramedic duties, except that the
following | 14 |
| persons are not included: part-time fire fighters,
auxiliary, | 15 |
| reserve or voluntary fire fighters, including paid on-call fire
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| fighters, clerks and dispatchers or other civilian employees of | 17 |
| a fire
department or fire protection district who are not | 18 |
| routinely expected to
perform fire fighter duties, or elected | 19 |
| officials.
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| (g-2) "General Assembly of the State of Illinois" means the
| 21 |
| legislative branch of the government of the State of Illinois, | 22 |
| as provided
for under Article IV of the Constitution of the | 23 |
| State of Illinois, and
includes but is not limited to the House | 24 |
| of Representatives, the Senate,
the Speaker of the House of | 25 |
| Representatives, the Minority Leader of the
House of | 26 |
| Representatives, the President of the Senate, the Minority |
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| Leader
of the Senate, the Joint Committee on Legislative | 2 |
| Support Services and any
legislative support services agency | 3 |
| listed in the Legislative Commission
Reorganization Act of | 4 |
| 1984.
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| (h) "Governing body" means, in the case of the State, the | 6 |
| State Panel of
the Illinois Labor Relations Board, the Director | 7 |
| of the Department of Central
Management Services, and the | 8 |
| Director of the Department of Labor; the county
board in the | 9 |
| case of a county; the corporate authorities in the case of a
| 10 |
| municipality; and the appropriate body authorized to provide | 11 |
| for expenditures
of its funds in the case of any other unit of | 12 |
| government.
| 13 |
| (i) "Labor organization" means any organization in which | 14 |
| public employees
participate and that exists for the purpose, | 15 |
| in whole or in part, of dealing
with a public employer | 16 |
| concerning wages, hours, and other terms and conditions
of | 17 |
| employment, including the settlement of grievances.
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| (j) "Managerial employee" means an individual who is | 19 |
| engaged
predominantly in executive and management functions | 20 |
| and is charged with the
responsibility of directing the | 21 |
| effectuation of management policies
and practices.
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| (k) "Peace officer" means, for the purposes of this Act | 23 |
| only, any
persons who have been or are hereafter appointed to a | 24 |
| police force,
department, or agency and sworn or commissioned | 25 |
| to perform police duties,
except that the following persons are | 26 |
| not
included: part-time police
officers, special police |
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| officers, auxiliary police as defined by Section
3.1-30-20 of | 2 |
| the Illinois Municipal Code, night watchmen, "merchant | 3 |
| police",
court security officers as defined by Section 3-6012.1 | 4 |
| of the Counties
Code,
temporary employees, traffic guards or | 5 |
| wardens, civilian parking meter and
parking facilities | 6 |
| personnel or other individuals specially appointed to
aid or | 7 |
| direct traffic at or near schools or public functions or to aid | 8 |
| in
civil defense or disaster, parking enforcement employees who | 9 |
| are not
commissioned as peace officers and who are not armed | 10 |
| and who are not
routinely expected to effect arrests, parking | 11 |
| lot attendants, clerks and
dispatchers or other civilian | 12 |
| employees of a police department who are not
routinely expected | 13 |
| to effect arrests, or elected officials.
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| (l) "Person" includes one or more individuals, labor | 15 |
| organizations, public
employees, associations, corporations, | 16 |
| legal representatives, trustees,
trustees in bankruptcy, | 17 |
| receivers, or the State of Illinois or any political
| 18 |
| subdivision of the State or governing body, but does not | 19 |
| include the General
Assembly of the State of Illinois or any | 20 |
| individual employed by the General
Assembly of the State of | 21 |
| Illinois.
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| (m) "Professional employee" means any employee engaged in | 23 |
| work predominantly
intellectual and varied in character rather | 24 |
| than routine mental, manual,
mechanical or physical work; | 25 |
| involving the consistent exercise of discretion
and adjustment | 26 |
| in its performance; of such a character that the output |
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| produced
or the result accomplished cannot be standardized in | 2 |
| relation to a given
period of time; and requiring advanced | 3 |
| knowledge in a field of science or
learning customarily | 4 |
| acquired by a prolonged course of specialized intellectual
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| instruction and study in an institution of higher learning or a | 6 |
| hospital,
as distinguished from a general academic education or | 7 |
| from apprenticeship
or from training in the performance of | 8 |
| routine mental, manual, or physical
processes; or any employee | 9 |
| who has completed the courses of specialized
intellectual | 10 |
| instruction and study prescribed in this subsection (m) and is
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| performing related
work under the supervision of a professional | 12 |
| person to qualify to become
a professional employee as defined | 13 |
| in this subsection (m).
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| (n) "Public employee" or "employee", for the purposes of | 15 |
| this Act, means
any individual employed by a public employer, | 16 |
| including (i) interns and residents
at public hospitals, (ii) | 17 |
| as of the effective date of this amendatory Act of the 93rd | 18 |
| General
Assembly, but not
before, personal care attendants and | 19 |
| personal assistants working under the Home
Services
Program | 20 |
| under Section 3 of the Disabled Persons Rehabilitation Act, | 21 |
| subject to
the
limitations set forth in this Act and in the | 22 |
| Disabled Persons Rehabilitation
Act,
and (iii) as of the | 23 |
| effective date of this amendatory Act of the 94th General | 24 |
| Assembly, but not before, child and day care home providers | 25 |
| participating in the child care assistance program under | 26 |
| Section 9A-11 of the Illinois Public Aid Code, subject to the |
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| limitations set forth in this Act and in Section 9A-11 of the | 2 |
| Illinois Public Aid Code, but excluding all of the following: | 3 |
| employees of the
General Assembly of the State of Illinois; | 4 |
| elected officials; executive
heads of a department; members of | 5 |
| boards or commissions; the Executive
Inspectors General; any | 6 |
| special Executive Inspectors General; employees of each
Office | 7 |
| of an Executive Inspector General;
commissioners and employees | 8 |
| of the Executive Ethics Commission; the Auditor
General's | 9 |
| Inspector General; employees of the Office of the Auditor | 10 |
| General's
Inspector General; the Legislative Inspector | 11 |
| General; any special Legislative
Inspectors General; employees | 12 |
| of the Office
of the Legislative Inspector General;
| 13 |
| commissioners and employees of the Legislative Ethics | 14 |
| Commission;
employees
of any
agency, board or commission | 15 |
| created by this Act; employees appointed to
State positions of | 16 |
| a temporary or emergency nature; all employees of school
| 17 |
| districts and higher education institutions except | 18 |
| firefighters and peace
officers employed
by a state university; | 19 |
| managerial employees; short-term employees;
confidential | 20 |
| employees; independent contractors; and supervisors except as
| 21 |
| provided in this Act.
| 22 |
| Personal care attendants and personal assistants shall not | 23 |
| be considered
public
employees for any purposes not | 24 |
| specifically provided for in the amendatory Act
of the
93rd | 25 |
| General Assembly, including but not limited to, purposes of | 26 |
| vicarious
liability in tort
and purposes of statutory |
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| retirement or health insurance benefits. Personal
care
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| attendants and personal assistants shall not be covered by the | 3 |
| State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| 4 |
| Child and day care home providers shall not be considered | 5 |
| public employees for any purposes not specifically provided for | 6 |
| in this amendatory Act of the 94th General Assembly, including | 7 |
| but not limited to, purposes of vicarious liability in tort and | 8 |
| purposes of statutory retirement or health insurance benefits. | 9 |
| Child and day care home providers shall not be covered by the | 10 |
| State Employees Group Insurance Act of 1971. | 11 |
| Notwithstanding Section 9, subsection (c), or any other | 12 |
| provisions of
this Act, all peace officers above the rank of | 13 |
| captain in
municipalities with more than 1,000,000 inhabitants | 14 |
| shall be excluded
from this Act.
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| (o) Except as otherwise in subsection (o-5), "public | 16 |
| employer" or "employer" means the State of Illinois; any
| 17 |
| political subdivision of the State, unit of local government or | 18 |
| school
district; authorities including departments, divisions, | 19 |
| bureaus, boards,
commissions, or other agencies of the | 20 |
| foregoing entities; and any person
acting within the scope of | 21 |
| his or her authority, express or implied, on
behalf of those | 22 |
| entities in dealing with its employees.
As of the effective | 23 |
| date of the amendatory Act of the 93rd General Assembly,
but | 24 |
| not
before, the State of Illinois shall be considered the | 25 |
| employer of the personal
care
attendants and personal | 26 |
| assistants working under the Home Services Program
under
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| Section 3 of the Disabled Persons Rehabilitation Act, subject | 2 |
| to the
limitations set forth
in this Act and in the Disabled | 3 |
| Persons Rehabilitation Act. The State shall not
be
considered | 4 |
| to be the employer of personal care attendants and personal
| 5 |
| assistants for any
purposes not specifically provided for in | 6 |
| this amendatory Act of the 93rd
General
Assembly, including but | 7 |
| not limited to, purposes of vicarious liability in tort
and
| 8 |
| purposes of statutory retirement or health insurance benefits. | 9 |
| Personal care
attendants
and personal assistants shall not be | 10 |
| covered by the State Employees Group
Insurance Act of 1971
(5 | 11 |
| ILCS 375/).
As of the effective date of this amendatory Act of | 12 |
| the 94th General Assembly but not before, the State of Illinois | 13 |
| shall be considered the employer of the day and child care home | 14 |
| providers participating in the child care assistance program | 15 |
| under Section 9A-11 of the Illinois Public Aid Code, subject to | 16 |
| the limitations set forth in this Act and in Section 9A-11 of | 17 |
| the Illinois Public Aid Code. The State shall not be considered | 18 |
| to be the employer of child and day care home providers for any | 19 |
| purposes not specifically provided for in this amendatory Act | 20 |
| of the 94th General Assembly, including but not limited to, | 21 |
| purposes of vicarious liability in tort and purposes of | 22 |
| statutory retirement or health insurance benefits. Child and | 23 |
| day care home providers shall not be covered by the State | 24 |
| Employees Group Insurance Act of 1971. | 25 |
| "Public employer" or
"employer" as used in this Act, | 26 |
| however, does not
mean and shall not include the General |
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| Assembly of the State of Illinois,
the Executive Ethics | 2 |
| Commission, the Offices of the Executive Inspectors
General, | 3 |
| the Legislative Ethics Commission, the Office of the | 4 |
| Legislative
Inspector General, the Office of the Auditor | 5 |
| General's Inspector General,
and educational employers or | 6 |
| employers as defined in the Illinois
Educational Labor | 7 |
| Relations Act, except with respect to a state university in
its | 8 |
| employment of firefighters and peace officers. County boards | 9 |
| and county
sheriffs shall be
designated as joint or | 10 |
| co-employers of county peace officers appointed
under the | 11 |
| authority of a county sheriff. Nothing in this subsection
(o) | 12 |
| shall be construed
to prevent the State Panel or the Local | 13 |
| Panel
from determining that employers are joint or | 14 |
| co-employers.
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| (o-5) With respect to
wages, fringe
benefits, hours, | 16 |
| holidays, vacations, proficiency
examinations, sick leave, and | 17 |
| other conditions of
employment, the public employer of public | 18 |
| employees who are court reporters, as
defined in the Court | 19 |
| Reporters Act, shall be determined as
follows:
| 20 |
| (1) For court reporters employed by the Cook County | 21 |
| Judicial
Circuit, the chief judge of the Cook County | 22 |
| Circuit
Court is the public employer and employer | 23 |
| representative.
| 24 |
| (2) For court reporters employed by the 12th, 18th, | 25 |
| 19th, and, on and after December 4, 2006, the 22nd judicial
| 26 |
| circuits, a group consisting of the chief judges of those |
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| circuits, acting
jointly by majority vote, is the public | 2 |
| employer and employer representative.
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| (3) For court reporters employed by all other judicial | 4 |
| circuits,
a group consisting of the chief judges of those | 5 |
| circuits, acting jointly by
majority vote, is the public | 6 |
| employer and employer representative.
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| (p) "Security employee" means an employee who is | 8 |
| responsible for the
supervision and control of inmates at | 9 |
| correctional facilities. The term
also includes other | 10 |
| non-security employees in bargaining units having the
majority | 11 |
| of employees being responsible for the supervision and control | 12 |
| of
inmates at correctional facilities.
| 13 |
| (q) "Short-term employee" means an employee who is employed | 14 |
| for less
than 2 consecutive calendar quarters during a calendar | 15 |
| year and who does
not have a reasonable assurance that he or | 16 |
| she will be rehired by the
same employer for the same service | 17 |
| in a subsequent calendar year.
| 18 |
| (r) "Supervisor" is an employee whose principal work is | 19 |
| substantially
different from that of his or her subordinates | 20 |
| and who has authority, in the
interest of the employer, to | 21 |
| hire, transfer, suspend, lay off, recall,
promote, discharge, | 22 |
| direct, reward, or discipline employees, to adjust
their | 23 |
| grievances, or to effectively recommend any of those actions, | 24 |
| if the
exercise
of that authority is not of a merely routine or | 25 |
| clerical nature, but
requires the consistent use of independent | 26 |
| judgment. Except with respect to
police employment, the term |
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| "supervisor" includes only those individuals
who devote a | 2 |
| preponderance of their employment time to exercising that
| 3 |
| authority, State supervisors notwithstanding. In addition, in | 4 |
| determining
supervisory status in police employment, rank | 5 |
| shall not be determinative.
The Board shall consider, as | 6 |
| evidence of bargaining unit inclusion or
exclusion, the common | 7 |
| law enforcement policies and relationships between
police | 8 |
| officer ranks and certification under applicable civil service | 9 |
| law,
ordinances, personnel codes, or Division 2.1 of Article 10 | 10 |
| of the Illinois
Municipal Code, but these factors shall not
be | 11 |
| the sole or predominant factors considered by the Board in | 12 |
| determining
police supervisory status.
| 13 |
| Notwithstanding the provisions of the preceding paragraph, | 14 |
| in determining
supervisory status in fire fighter employment, | 15 |
| no fire fighter shall be
excluded as a supervisor who has | 16 |
| established representation rights under
Section 9 of this Act. | 17 |
| Further, in new fire fighter units, employees shall
consist of | 18 |
| fire fighters of the rank of company officer and below. If a | 19 |
| company officer otherwise qualifies as a supervisor under the | 20 |
| preceding paragraph, however, he or she shall
not be included | 21 |
| in the fire fighter
unit. If there is no rank between that of | 22 |
| chief and the
highest company officer, the employer may | 23 |
| designate a position on each
shift as a Shift Commander, and | 24 |
| the persons occupying those positions shall
be supervisors. All | 25 |
| other ranks above that of company officer shall be
supervisors.
| 26 |
| (s) (1) "Unit" means a class of jobs or positions that are |
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| held by
employees whose collective interests may suitably | 2 |
| be represented by a labor
organization for collective | 3 |
| bargaining. Except with respect to non-State fire
fighters | 4 |
| and paramedics employed by fire departments and fire | 5 |
| protection
districts, non-State peace officers, and peace | 6 |
| officers in the Department of
State Police, a bargaining | 7 |
| unit determined by the Board shall not include both
| 8 |
| employees and supervisors, or supervisors only, except as | 9 |
| provided in paragraph
(2) of this subsection (s) and except | 10 |
| for bargaining units in existence on July
1, 1984 (the | 11 |
| effective date of this Act). With respect to non-State fire
| 12 |
| fighters and paramedics employed by fire departments and | 13 |
| fire protection
districts, non-State peace officers, and | 14 |
| peace officers in the Department of
State Police, a | 15 |
| bargaining unit determined by the Board shall not include | 16 |
| both
supervisors and nonsupervisors, or supervisors only, | 17 |
| except as provided in
paragraph (2) of this subsection (s) | 18 |
| and except for bargaining units in
existence on January 1, | 19 |
| 1986 (the effective date of this amendatory Act of
1985). A | 20 |
| bargaining unit determined by the Board to contain peace | 21 |
| officers
shall contain no employees other than peace | 22 |
| officers unless otherwise agreed to
by the employer and the | 23 |
| labor organization or labor organizations involved.
| 24 |
| Notwithstanding any other provision of this Act, a | 25 |
| bargaining unit, including a
historical bargaining unit, | 26 |
| containing sworn peace officers of the Department
of |
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| Natural Resources (formerly designated the Department of | 2 |
| Conservation) shall
contain no employees other than such | 3 |
| sworn peace officers upon the effective
date of this | 4 |
| amendatory Act of 1990 or upon the expiration date of any
| 5 |
| collective bargaining agreement in effect upon the | 6 |
| effective date of this
amendatory Act of 1990 covering both | 7 |
| such sworn peace officers and other
employees.
| 8 |
| (2) Notwithstanding the exclusion of supervisors from | 9 |
| bargaining units
as provided in paragraph (1) of this | 10 |
| subsection (s), a public
employer may agree to permit its | 11 |
| supervisory employees to form bargaining units
and may | 12 |
| bargain with those units. This Act shall apply if the | 13 |
| public employer
chooses to bargain under this subsection.
| 14 |
| (3) Public employees who are court reporters, as | 15 |
| defined
in the Court Reporters Act,
shall be divided into 3 | 16 |
| units for collective bargaining purposes. One unit
shall be | 17 |
| court reporters employed by the Cook County Judicial | 18 |
| Circuit; one
unit shall be court reporters employed by the | 19 |
| 12th, 18th, 19th, and, on and after December 4, 2006, the | 20 |
| 22nd judicial
circuits; and one unit shall be court | 21 |
| reporters employed by all other
judicial circuits.
| 22 |
| (Source: P.A. 94-98, eff. 7-1-05; 94-320, eff. 1-1-06; 95-331, | 23 |
| eff. 8-21-07.)
| 24 |
| Section 10. The Unified Code of Corrections is amended by | 25 |
| changing Section 3-2-2 as follows:
|
|
|
|
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LRB096 07695 RLC 26288 a |
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| 1 |
| (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 2 |
| Sec. 3-2-2. Powers and Duties of the Department.
| 3 |
| (1) In addition to the powers, duties and responsibilities | 4 |
| which are
otherwise provided by law, the Department shall have | 5 |
| the following powers:
| 6 |
| (a) To accept persons committed to it by the courts of | 7 |
| this State for
care, custody, treatment and | 8 |
| rehabilitation, and to accept federal prisoners and aliens | 9 |
| over whom the Office of the Federal Detention Trustee is | 10 |
| authorized to exercise the federal detention function for | 11 |
| limited purposes and periods of time.
| 12 |
| (b) To develop and maintain reception and evaluation | 13 |
| units for purposes
of analyzing the custody and | 14 |
| rehabilitation needs of persons committed to
it and to | 15 |
| assign such persons to institutions and programs under its | 16 |
| control
or transfer them to other appropriate agencies. In | 17 |
| consultation with the
Department of Alcoholism and | 18 |
| Substance Abuse (now the Department of Human
Services), the | 19 |
| Department of Corrections
shall develop a master plan for | 20 |
| the screening and evaluation of persons
committed to its | 21 |
| custody who have alcohol or drug abuse problems, and for
| 22 |
| making appropriate treatment available to such persons; | 23 |
| the Department
shall report to the General Assembly on such | 24 |
| plan not later than April 1,
1987. The maintenance and | 25 |
| implementation of such plan shall be contingent
upon the |
|
|
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LRB096 07695 RLC 26288 a |
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| 1 |
| availability of funds.
| 2 |
| (b-1) To create and implement, on January 1, 2002, a | 3 |
| pilot
program to
establish the effectiveness of | 4 |
| pupillometer technology (the measurement of the
pupil's
| 5 |
| reaction to light) as an alternative to a urine test for | 6 |
| purposes of screening
and evaluating
persons committed to | 7 |
| its custody who have alcohol or drug problems. The
pilot | 8 |
| program shall require the pupillometer technology to be | 9 |
| used in at
least one Department of
Corrections facility. | 10 |
| The Director may expand the pilot program to include an
| 11 |
| additional facility or
facilities as he or she deems | 12 |
| appropriate.
A minimum of 4,000 tests shall be included in | 13 |
| the pilot program.
The
Department must report to the
| 14 |
| General Assembly on the
effectiveness of the program by | 15 |
| January 1, 2003.
| 16 |
| (b-5) To develop, in consultation with the Department | 17 |
| of State Police, a
program for tracking and evaluating each | 18 |
| inmate from commitment through release
for recording his or | 19 |
| her gang affiliations, activities, or ranks.
| 20 |
| (c) To maintain and administer all State correctional | 21 |
| institutions and
facilities under its control and to | 22 |
| establish new ones as needed. Pursuant
to its power to | 23 |
| establish new institutions and facilities, the Department
| 24 |
| may, with the written approval of the Governor, authorize | 25 |
| the Department of
Central Management Services to enter into | 26 |
| an agreement of the type
described in subsection (d) of |
|
|
|
09600HB4236sam001 |
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LRB096 07695 RLC 26288 a |
|
| 1 |
| Section 405-300 of the
Department
of Central Management | 2 |
| Services Law (20 ILCS 405/405-300). The Department shall
| 3 |
| designate those institutions which
shall constitute the | 4 |
| State Penitentiary System.
| 5 |
| Pursuant to its power to establish new institutions and | 6 |
| facilities, the
Department may authorize the Department of | 7 |
| Central Management Services to
accept bids from counties | 8 |
| and municipalities for the construction,
remodeling or | 9 |
| conversion of a structure to be leased to the Department of
| 10 |
| Corrections for the purposes of its serving as a | 11 |
| correctional institution
or facility. Such construction, | 12 |
| remodeling or conversion may be financed
with revenue bonds | 13 |
| issued pursuant to the Industrial Building Revenue Bond
Act | 14 |
| by the municipality or county. The lease specified in a bid | 15 |
| shall be
for a term of not less than the time needed to | 16 |
| retire any revenue bonds
used to finance the project, but | 17 |
| not to exceed 40 years. The lease may
grant to the State | 18 |
| the option to purchase the structure outright.
| 19 |
| Upon receipt of the bids, the Department may certify | 20 |
| one or more of the
bids and shall submit any such bids to | 21 |
| the General Assembly for approval.
Upon approval of a bid | 22 |
| by a constitutional majority of both houses of the
General | 23 |
| Assembly, pursuant to joint resolution, the Department of | 24 |
| Central
Management Services may enter into an agreement | 25 |
| with the county or
municipality pursuant to such bid.
| 26 |
| (c-5) To build and maintain regional juvenile |
|
|
|
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LRB096 07695 RLC 26288 a |
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| 1 |
| detention centers and to
charge a per diem to the counties | 2 |
| as established by the Department to defray
the costs of | 3 |
| housing each minor in a center. In this subsection (c-5),
| 4 |
| "juvenile
detention center" means a facility to house | 5 |
| minors during pendency of trial who
have been transferred | 6 |
| from proceedings under the Juvenile Court Act of 1987 to
| 7 |
| prosecutions under the criminal laws of this State in | 8 |
| accordance with Section
5-805 of the Juvenile Court Act of | 9 |
| 1987, whether the transfer was by operation
of
law or | 10 |
| permissive under that Section. The Department shall | 11 |
| designate the
counties to be served by each regional | 12 |
| juvenile detention center.
| 13 |
| (d) To develop and maintain programs of control, | 14 |
| rehabilitation and
employment of committed persons within | 15 |
| its institutions.
| 16 |
| (d-5) To provide a pre-release job preparation program | 17 |
| for inmates at Illinois adult correctional centers.
| 18 |
| (e) To establish a system of supervision and guidance | 19 |
| of committed persons
in the community.
| 20 |
| (f) To establish in cooperation with the Department of | 21 |
| Transportation
to supply a sufficient number of prisoners | 22 |
| for use by the Department of
Transportation to clean up the | 23 |
| trash and garbage along State, county,
township, or | 24 |
| municipal highways as designated by the Department of
| 25 |
| Transportation. The Department of Corrections, at the | 26 |
| request of the
Department of Transportation, shall furnish |
|
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LRB096 07695 RLC 26288 a |
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| 1 |
| such prisoners at least
annually for a period to be agreed | 2 |
| upon between the Director of
Corrections and the Director | 3 |
| of Transportation. The prisoners used on this
program shall | 4 |
| be selected by the Director of Corrections on whatever | 5 |
| basis
he deems proper in consideration of their term, | 6 |
| behavior and earned eligibility
to participate in such | 7 |
| program - where they will be outside of the prison
facility | 8 |
| but still in the custody of the Department of Corrections. | 9 |
| Prisoners
convicted of first degree murder, or a Class X | 10 |
| felony, or armed violence, or
aggravated kidnapping, or | 11 |
| criminal sexual assault, aggravated criminal sexual
abuse | 12 |
| or a subsequent conviction for criminal sexual abuse, or | 13 |
| forcible
detention, or arson, or a prisoner adjudged a | 14 |
| Habitual Criminal shall not be
eligible for selection to | 15 |
| participate in such program. The prisoners shall
remain as | 16 |
| prisoners in the custody of the Department of Corrections | 17 |
| and such
Department shall furnish whatever security is | 18 |
| necessary. The Department of
Transportation shall furnish | 19 |
| trucks and equipment for the highway cleanup
program and | 20 |
| personnel to supervise and direct the program. Neither the
| 21 |
| Department of Corrections nor the Department of | 22 |
| Transportation shall replace
any regular employee with a | 23 |
| prisoner.
| 24 |
| (g) To maintain records of persons committed to it and | 25 |
| to establish
programs of research, statistics and | 26 |
| planning.
|
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LRB096 07695 RLC 26288 a |
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| 1 |
| (h) To investigate the grievances of any person | 2 |
| committed to the
Department, to inquire into any alleged | 3 |
| misconduct by employees
or committed persons, and to | 4 |
| investigate the assets
of committed persons to implement | 5 |
| Section 3-7-6 of this Code; and for
these purposes it may | 6 |
| issue subpoenas and compel the attendance of witnesses
and | 7 |
| the production of writings and papers, and may examine | 8 |
| under oath any
witnesses who may appear before it; to also | 9 |
| investigate alleged violations
of a parolee's or | 10 |
| releasee's conditions of parole or release; and for this
| 11 |
| purpose it may issue subpoenas and compel the attendance of | 12 |
| witnesses and
the production of documents only if there is | 13 |
| reason to believe that such
procedures would provide | 14 |
| evidence that such violations have occurred.
| 15 |
| If any person fails to obey a subpoena issued under | 16 |
| this subsection,
the Director may apply to any circuit | 17 |
| court to secure compliance with the
subpoena. The failure | 18 |
| to comply with the order of the court issued in
response | 19 |
| thereto shall be punishable as contempt of court.
| 20 |
| (i) To appoint and remove the chief administrative | 21 |
| officers, and
administer
programs of training and | 22 |
| development of personnel of the Department. Personnel
| 23 |
| assigned by the Department to be responsible for the
| 24 |
| custody and control of committed persons or to investigate | 25 |
| the alleged
misconduct of committed persons or employees or | 26 |
| alleged violations of a
parolee's or releasee's conditions |
|
|
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LRB096 07695 RLC 26288 a |
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| 1 |
| of parole shall be conservators of the peace
for those | 2 |
| purposes, and shall have the full power of peace officers | 3 |
| outside
of the facilities of the Department in the | 4 |
| protection, arrest, retaking
and reconfining of committed | 5 |
| persons or where the exercise of such power
is necessary to | 6 |
| the investigation of such misconduct or violations.
| 7 |
| (j) To cooperate with other departments and agencies | 8 |
| and with local
communities for the development of standards | 9 |
| and programs for better
correctional services in this | 10 |
| State.
| 11 |
| (k) To administer all moneys and properties of the | 12 |
| Department.
| 13 |
| (l) To report annually to the Governor on the committed
| 14 |
| persons, institutions and programs of the Department.
| 15 |
| (l-5) In a confidential annual report to the Governor, | 16 |
| the Department
shall
identify all inmate gangs by | 17 |
| specifying each current gang's name, population
and allied | 18 |
| gangs. The Department shall further specify the number of | 19 |
| top
leaders identified by the Department for each gang | 20 |
| during the past year, and
the measures taken by the | 21 |
| Department to segregate each leader from his or her
gang | 22 |
| and allied gangs. The Department shall further report the | 23 |
| current status
of leaders identified and segregated in | 24 |
| previous years. All leaders described
in the report shall | 25 |
| be identified by inmate number or other designation to
| 26 |
| enable tracking, auditing, and verification without |
|
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09600HB4236sam001 |
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LRB096 07695 RLC 26288 a |
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| 1 |
| revealing the names of the
leaders. Because this report | 2 |
| contains law enforcement intelligence information
| 3 |
| collected by the Department, the report is confidential and | 4 |
| not subject to
public disclosure.
| 5 |
| (m) To make all rules and regulations and exercise all | 6 |
| powers and duties
vested by law in the Department.
| 7 |
| (n) To establish rules and regulations for | 8 |
| administering a system of
good conduct credits, | 9 |
| established in accordance with Section 3-6-3, subject
to | 10 |
| review by the Prisoner Review Board.
| 11 |
| (o) To administer the distribution of funds
from the | 12 |
| State Treasury to reimburse counties where State penal
| 13 |
| institutions are located for the payment of assistant | 14 |
| state's attorneys'
salaries under Section 4-2001 of the | 15 |
| Counties Code.
| 16 |
| (p) To exchange information with the Department of | 17 |
| Human Services and the
Department of Healthcare and Family | 18 |
| Services
for the purpose of verifying living arrangements | 19 |
| and for other purposes
directly connected with the | 20 |
| administration of this Code and the Illinois
Public Aid | 21 |
| Code.
| 22 |
| (q) To establish a diversion program.
| 23 |
| The program shall provide a structured environment for | 24 |
| selected
technical parole or mandatory supervised release | 25 |
| violators and committed
persons who have violated the rules | 26 |
| governing their conduct while in work
release. This program |
|
|
|
09600HB4236sam001 |
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LRB096 07695 RLC 26288 a |
|
| 1 |
| shall not apply to those persons who have committed
a new | 2 |
| offense while serving on parole or mandatory supervised | 3 |
| release or
while committed to work release.
| 4 |
| Elements of the program shall include, but shall not be | 5 |
| limited to, the
following:
| 6 |
| (1) The staff of a diversion facility shall provide | 7 |
| supervision in
accordance with required objectives set | 8 |
| by the facility.
| 9 |
| (2) Participants shall be required to maintain | 10 |
| employment.
| 11 |
| (3) Each participant shall pay for room and board | 12 |
| at the facility on a
sliding-scale basis according to | 13 |
| the participant's income.
| 14 |
| (4) Each participant shall:
| 15 |
| (A) provide restitution to victims in | 16 |
| accordance with any court order;
| 17 |
| (B) provide financial support to his | 18 |
| dependents; and
| 19 |
| (C) make appropriate payments toward any other | 20 |
| court-ordered
obligations.
| 21 |
| (5) Each participant shall complete community | 22 |
| service in addition to
employment.
| 23 |
| (6) Participants shall take part in such | 24 |
| counseling, educational and
other programs as the | 25 |
| Department may deem appropriate.
| 26 |
| (7) Participants shall submit to drug and alcohol |
|
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09600HB4236sam001 |
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LRB096 07695 RLC 26288 a |
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| 1 |
| screening.
| 2 |
| (8) The Department shall promulgate rules | 3 |
| governing the administration
of the program.
| 4 |
| (r) To enter into intergovernmental cooperation | 5 |
| agreements under which
persons in the custody of the | 6 |
| Department may participate in a county impact
| 7 |
| incarceration program established under Section 3-6038 or | 8 |
| 3-15003.5 of the
Counties Code.
| 9 |
| (r-5) (Blank).
| 10 |
| (r-10) To systematically and routinely identify with | 11 |
| respect to each
streetgang active within the correctional | 12 |
| system: (1) each active gang; (2)
every existing inter-gang | 13 |
| affiliation or alliance; and (3) the current leaders
in | 14 |
| each gang. The Department shall promptly segregate leaders | 15 |
| from inmates who
belong to their gangs and allied gangs. | 16 |
| "Segregate" means no physical contact
and, to the extent | 17 |
| possible under the conditions and space available at the
| 18 |
| correctional facility, prohibition of visual and sound | 19 |
| communication. For the
purposes of this paragraph (r-10), | 20 |
| "leaders" means persons who:
| 21 |
| (i) are members of a criminal streetgang;
| 22 |
| (ii) with respect to other individuals within the | 23 |
| streetgang, occupy a
position of organizer, | 24 |
| supervisor, or other position of management or
| 25 |
| leadership; and
| 26 |
| (iii) are actively and personally engaged in |
|
|
|
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LRB096 07695 RLC 26288 a |
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| 1 |
| directing, ordering,
authorizing, or requesting | 2 |
| commission of criminal acts by others, which are
| 3 |
| punishable as a felony, in furtherance of streetgang | 4 |
| related activity both
within and outside of the | 5 |
| Department of Corrections.
| 6 |
| "Streetgang", "gang", and "streetgang related" have the | 7 |
| meanings ascribed to
them in Section 10 of the Illinois | 8 |
| Streetgang Terrorism Omnibus Prevention
Act.
| 9 |
| (s) To operate a super-maximum security institution, | 10 |
| in order to
manage and
supervise inmates who are disruptive | 11 |
| or dangerous and provide for the safety
and security of the | 12 |
| staff and the other inmates.
| 13 |
| (t) To monitor any unprivileged conversation or any | 14 |
| unprivileged
communication, whether in person or by mail, | 15 |
| telephone, or other means,
between an inmate who, before | 16 |
| commitment to the Department, was a member of an
organized | 17 |
| gang and any other person without the need to show cause or | 18 |
| satisfy
any other requirement of law before beginning the | 19 |
| monitoring, except as
constitutionally required. The | 20 |
| monitoring may be by video, voice, or other
method of | 21 |
| recording or by any other means. As used in this | 22 |
| subdivision (1)(t),
"organized gang" has the meaning | 23 |
| ascribed to it in Section 10 of the Illinois
Streetgang | 24 |
| Terrorism Omnibus Prevention Act.
| 25 |
| As used in this subdivision (1)(t), "unprivileged | 26 |
| conversation" or
"unprivileged communication" means a |
|
|
|
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LRB096 07695 RLC 26288 a |
|
| 1 |
| conversation or communication that is not
protected by any | 2 |
| privilege recognized by law or by decision, rule, or order | 3 |
| of
the Illinois Supreme Court.
| 4 |
| (u) To establish a Women's and Children's Pre-release | 5 |
| Community
Supervision
Program for the purpose of providing | 6 |
| housing and services to eligible female
inmates, as | 7 |
| determined by the Department, and their newborn and young
| 8 |
| children.
| 9 |
| (v) To do all other acts necessary to carry out the | 10 |
| provisions
of this Chapter.
| 11 |
| (2) The Department of Corrections shall by January 1, 1998, | 12 |
| consider
building and operating a correctional facility within | 13 |
| 100 miles of a county of
over 2,000,000 inhabitants, especially | 14 |
| a facility designed to house juvenile
participants in the | 15 |
| impact incarceration program.
| 16 |
| (3) When the Department lets bids for contracts for medical
| 17 |
| services to be provided to persons committed to Department | 18 |
| facilities by
a health maintenance organization, medical | 19 |
| service corporation, or other
health care provider, the bid may | 20 |
| only be let to a health care provider
that has obtained an | 21 |
| irrevocable letter of credit or performance bond
issued by a | 22 |
| company whose bonds are rated AAA by a bond rating
| 23 |
| organization.
| 24 |
| (3.5) Effective July 1, 2009, all contracts between the | 25 |
| State and outside contractors to provide workers for medical | 26 |
| services and related support services at all facilities of the |
|
|
|
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LRB096 07695 RLC 26288 a |
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| 1 |
| Illinois Department of Corrections or the Department of | 2 |
| Juvenile Justice shall be amended to allow for the conversion | 3 |
| of vendor employees performing under the terms of a collective | 4 |
| bargaining agreement to become employees of the State of | 5 |
| Illinois. Upon amendment of the contracts, each worker or staff | 6 |
| member employed under the terms of a collective bargaining | 7 |
| agreement shall be offered certified employment status under | 8 |
| the Personnel Code with the State of Illinois. The position | 9 |
| offered to each person shall be at the same facility and shall | 10 |
| consist of the same duties and hours as previously existed | 11 |
| under the amended contract or contracts. | 12 |
| (4) When the Department lets bids for
contracts for food or | 13 |
| commissary services to be provided to
Department facilities, | 14 |
| the bid may only be let to a food or commissary
services | 15 |
| provider that has obtained an irrevocable letter of
credit or | 16 |
| performance bond issued by a company whose bonds are rated
AAA | 17 |
| by a bond rating organization.
| 18 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06; | 19 |
| 94-1067, eff. 8-1-06.)
| 20 |
| Section 99. Effective date. This Act takes effect July 1, | 21 |
| 2009.".
|
|