HB5141 97TH GENERAL ASSEMBLY

LRB097 18270 PJG 63496 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5141

Introduced 2/8/2012, by Rep. Lisa M. Dugan

SYNOPSIS AS INTRODUCED:

20 ILCS 415/12g new

Amends the Personnel Code. Creates the Registered Nurse Registry Pilot Program to be administered by the Department of Central Management Services. Provides that the Department shall create and maintain an in-house registry of extra help employees for certain State operated facilities to improve staffing needs and to avoid the use of mandatory overtime. Provides that the in-house registry shall meet certain requirements. Provides that a State operated facility may appoint a Registered Nurse I or Correctional Nurse I as an extra help employee if certain conditions are met.

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 Personnel Code is amended by adding Section 12g as follows:

(20 ILCS 415/12g new)

Sec. 12g. Registered Nurse Registry Pilot Program.

(a) As used in this Section:

"In-house registry" means a list of employees who are classified as either Registered Nurse I or Correctional Nurse I maintained for the purpose of improving staffing levels to minimize or eliminate the use of mandatory overtime at State operated facilities. The list shall be developed in collaboration and by negotiation with a historical representative of RN stakeholders currently employed by the State at State operated facilities.

"Mandatory overtime" means work that is required by the Department in excess of an agreed-to, predetermined work shift.

"Extra help employee appointment" means the appointment of a Registered Nurse I or Correctional Nurse I from an in-house registry to work at a State operated facility as an extra help employee.

"Historical representative" means a labor organization that has historically represented nurses classified as Correctional Nurse I or Registered Nurse I where a historical pattern of representation exists for those classifications and that has been found by the Illinois Labor Relations Board to be the exclusive representative of nurses classified as Correctional Nurse I or Registered Nurse I who participate in the program.

"Registered Nurse I" or "Correctional Nurse I" means a nurse classified as Registered Nurse I or Correctional Nurse I and employed by the State to work at a State operated facility.

"Program" means the Registered Nurse Registry Pilot Program, a 2-year pilot program established by the State to improve staffing levels to minimize or eliminate the use of mandatory overtime at State operated facilities.

"State operated facility" means one of the following facilities: Manteno Veterans Home, Chester Mental Health Center, or Sheridan Correctional Center.

(b) The Registered Nurse Registry Pilot Program is established to serve the staffing needs of State operated facilities. The program shall be administered by the Department. The program shall terminate on a date 2 years after the effective date of this amendatory Act of the 97th General Assembly.

(c) The Department shall develop and maintain an in-house registry of extra help employees for State operated facilities. The in-house registry shall meet the following requirements:

(1) The in-house registry shall not be used to replace budgeted positions for either full-time or part-time Registered Nurse I or Correctional Nurse I.

(2) The in-house registry shall be developed in collaboration with a historical representative of RN stakeholders currently employed at State operated facilities.

(d) The Department may appoint a Registered Nurse I or Correctional Nurse I to an extra help appointment for work the State operated facility attests to be emergent in nature and which meets the following conditions:

(1) The amount of time for which the services are needed is not predictable.

(2) Payment for work performed is made on an hourly basis, with no benefits.

(3) The work cannot readily be assigned on a voluntary basis, or on a straight-time or overtime basis, to a full-time or part-time employee.

(e) The Department shall appoint an extra help employee by referring persons to the State operated facility from the in-house registry. An employee's acceptance or refusal of an extra help appointment shall in no way affect the employee's status on the in-house registry or on any other register maintained by the Department or the State operated facility.

(f) A State operated facility may use an extra help employee for a maximum of 900 hours of actual work in any consecutive 12 calendar months. The State operated facility shall review the status of the appointment at least every 3 calendar months. If at any time it is found that the appointment no longer meets the requirements of this paragraph or subsection (d), the Department shall terminate the extra help appointment. If an extra help employee has accrued 900 consecutive hours, the appointment at that State operated facility may not be reestablished until 6 months have elapsed from the date of the termination of the appointment. Upon working 900 hours, an extra help employee may not be reappointed as an extra help employee at a State operated facility for 30 calendar days after reaching the 900-hour limit. The Department shall quarterly review its use of extra help appointments to ensure compliance with this Section.