HB4604 96TH GENERAL ASSEMBLY

LRB096 13544 KTG 28298 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4604

Introduced , by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

New Act

Creates the Department of Corrections Employees Termination Act of 2009. Provides for the termination of certain designated employees, by operation of law, who occupy a Rutan exempt position within the Department of Corrections, excluding the Director of the Department of Corrections. Allows the Governor to make temporary appointments and to subsequently nominate or employ a terminated person. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

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

Section 1. Short title. This Act may be cited as the Department of Corrections Employees Termination Act of 2009.

Section 5. In this Act:

"Designated employee" means:

(a) each employee of the Department of Corrections:

(1) who occupies a Rutan exempt position; and

(2) who occupies a position that is also partially exempted from the Personnel Code pursuant to:

(A) Section 4(d)(1) (20 ILCS 415/4(d)(1)); or

(B) Section 4(d)(3) (20 ILCS 415/4(d)(3)); and

(3) whose employment in that position began between January 11, 1999 and January 29, 2009; or

(b) each employee of the Department of Corrections:

(1) who occupies a Rutan exempt position; and

(2) who occupies a non-Personnel Code position; and

(3) who is an at-will employee, not subject to any merit or fitness protections; and

(4) whose employment in that position began between January 11, 1999 and January 29, 2009.

Specifically excluded from this definition is any employee covered by a collective bargaining agreement.

Specifically excluded from this definition is the Director of the Department of Corrections.

Section 10. Termination.

(a) The employment of each designated employee is terminated, by operation of law, on the date that is 90 days after the effective date of this Act unless, within that 90-day period, the Governor or the employing or appointing authority files with the Secretary of State a written certification naming each designated employee who is retained in employment.

(b) Nothing in this Act (i) prevents the Governor from subsequently making a temporary appointment or from subsequently nominating or employing a person terminated under subsection (a) or (ii) prevents an employing or appointing authority from subsequently employing or appointing a person terminated under subsection (a).

(c) The Governor and all other responsible government entities are directed to take whatever action is necessary to effectuate these terminations.

Section 15. Act controls. The provisions of this Act control over inconsistent provisions of any other law except Public Act 96-6.

Section 99. Effective date. This Act takes effect upon becoming law.