96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4609


 
Introduced , by Rep. Bill Mitchell
 
SYNOPSIS AS INTRODUCED:
 		








    



5 ILCS 315/15
  from Ch. 48, par. 1615



20 ILCS 805/805-550 new





20 ILCS 835/3
  from Ch. 105, par. 467







    Amends the Illinois Public Labor Relations Act. Provides that neither the Act nor  any collective bargaining agreement negotiated under the Act may be construed to limit the ability of the Department of Natural Resources to use members of its Volunteer Network  to maintain, during budgetary emergencies, State parks and other properties owned or managed by the Department. Amends the Department of Natural Resources (Conservation) Law of the
Civil Administrative Code of Illinois and the State Parks Act. Provides that the Department may, during budgetary emergencies, use volunteer labor to maintain State parks and other properties owned or managed by the Department. Provides that "to maintain" includes the mowing of State parks and other properties owned or managed by the Department. Effective immediately.
















LRB096 13952 JDS 28731 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4609

LRB096 13952 JDS 28731 b






1
    AN ACT concerning State government.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Public Labor Relations Act is 
5
amended  by changing Section 15 as follows:
 



6
    (5 ILCS 315/15)  (from Ch. 48, par. 1615)


7
    Sec. 15. Act Takes Precedence. 
8
    (a) In case of any conflict between the
provisions of this 
9
Act and any other law (other than Section 5 of the State 
10
Employees Group Insurance Act of 1971), executive order or 
11
administrative
regulation relating to wages, hours and 
12
conditions of employment and employment
relations, the 
13
provisions of this Act or any collective bargaining agreement

14
negotiated thereunder shall prevail and control.
Nothing in 
15
this Act shall be construed to replace or diminish the
rights 
16
of employees established by Sections 28 and 28a of the 
17
Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 
18
of the Regional Transportation
Authority Act. The provisions of 
19
this Act are subject to Section 5 of the State Employees Group 
20
Insurance Act of 1971. Nothing in this Act shall be construed 
21
to replace the necessity of complaints against a sworn peace 
22
officer, as defined in Section 2(a) of the Uniform Peace 
23
Officer Disciplinary Act, from having a complaint supported by 
 


 






HB4609
- 2 -
LRB096 13952 JDS 28731 b




1
a sworn affidavit.
Neither this Act nor  any collective 
2
bargaining agreement negotiated under this Act may be construed 
3
to limit the ability of the Department of Natural Resources to 
4
use members of its Volunteer Network  to maintain, during 
5
budgetary emergencies, State parks, as authorized under 
6
Section 3 of the State Parks Act, and other properties that the 
7
Department owns or manages, as authorized under Section 805-550 
8
of the Department of Natural Resources (Conservation) Law of 
9
the
Civil Administrative Code of Illinois. 

10
    (b) Except as provided in subsection (a) above, any 
11
collective bargaining
contract between a public employer and a 
12
labor organization executed pursuant
to this Act shall 
13
supersede any contrary statutes, charters, ordinances, rules

14
or regulations relating to wages, hours and conditions of 
15
employment and
employment relations adopted by the public 
16
employer or its agents.  Any collective
bargaining agreement 
17
entered into prior to the effective date of this Act
shall 
18
remain in full force during its duration.

19
    (c) It is the public policy of this State, pursuant to 
20
paragraphs (h)
and (i) of Section 6 of Article VII of the 
21
Illinois Constitution, that the
provisions of this Act are the 
22
exclusive exercise by the State of powers
and functions which 
23
might otherwise be exercised by home rule units.  Such
powers 
24
and functions may not be exercised concurrently, either 
25
directly
or indirectly, by any unit of local government, 
26
including any home rule
unit, except as otherwise authorized by 
 


 






HB4609
- 3 -
LRB096 13952 JDS 28731 b




1
this Act.

2
(Source: P.A. 95-331, eff. 8-21-07.)


 
3
    Section 10. The Department of Natural Resources 
4
(Conservation) Law of the
Civil Administrative Code of Illinois 
5
is amended  by adding Section 805-550 as follows:
 
6
    (20 ILCS 805/805-550 new)

7
    Sec. 805-550. Maintenance of properties by volunteers. 
8
    (a) During  budgetary emergencies,  the Department may use 
9
members of its Volunteer Network  to maintain properties that 
10
the Department owns or manages.   The Department may structure 
11
its Volunteer Program as it sees fit to maintain the properties 
12
that it owns or manages.
13
    (b) For the purposes of this Section, "to maintain" 
14
includes the mowing of properties that the Department owns or 
15
manages.

 
16
    Section 15. The State Parks Act is amended  by changing 
17
Section 3 as follows:
 



18
    (20 ILCS 835/3)  (from Ch. 105, par. 467)



19
    Sec. 3. Maintenance of State parks.  
20
    (a) In maintaining the State parks the Department of 
21
Natural
Resources shall conserve the original character as

22
distinguished from the artificial landscaping of such parks.
 


 






HB4609
- 4 -
LRB096 13952 JDS 28731 b




1
    (b) During  budgetary emergencies,  the Department of 
2
Natural Resources may use members of its Volunteer Network  to 
3
maintain  the State parks. The Department of Natural Resources 
4
may structure its Volunteer Program as it sees fit to maintain 
5
the State parks.
6
    (c) For the purposes of this Section, "to maintain" 
7
includes the mowing of  the State parks. 

8
(Source: P.A. 89-445, eff. 2-7-96.)

 

9
    Section 99. Effective date. This Act takes effect upon 
10
becoming law.