97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3777

 

Introduced 2/10/2012, by Sen. William E. Brady

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/21.1 new
20 ILCS 415/9  from Ch. 127, par. 63b109

    Amends the Illinois Public Labor Relations Act. Requires any collective bargaining agreement or supplemental agreement entered into, amended, or renewed, on or after the effective date of the amendatory Act, by the Governor, or any 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, to file each agreement with the Clerk of the House of Representatives and the Secretary of the Senate. Authorizes the General Assembly, by joint resolution, to approve each agreement as a whole or to reject each agreement as a whole. Provides that an agreement shall be deemed approved if a public hearing concerning the agreement has been held and the General Assembly fails to vote to approve or reject the agreement within 30 calendar days after filing or submittal, as applicable. Sets forth other procedural requirements. Provides for the repeal of these provisions on January 13, 2015. Makes conforming changes in the Personnel Code. Effective immediately.


LRB097 20438 JDS 65932 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3777LRB097 20438 JDS 65932 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by adding Section 21.1 as follows:
 
6    (5 ILCS 315/21.1 new)
7    Sec. 21.1. General Assembly approval of collective
8bargaining agreements with State employee unions. Any
9collective bargaining agreement entered into, amended, or
10renewed, on or after the effective date of this amendatory Act
11of the 97th General Assembly, by the Governor, or any agency,
12bureau, department, division, or office under the jurisdiction
13of the Governor, and a labor organization that represents State
14employees must be reduced to writing. The agreement, together
15with a request for funds necessary to fully implement the
16agreement and for approval of provisions of the agreement that
17are in conflict with a statute or a rule of a State agency or
18department, shall be filed by the Governor, or his or her
19designee, with the Clerk of the House of Representatives and
20the Secretary of the Senate within 10 calendar days after the
21date on which the agreement is reached. By joint resolution,
22the General Assembly may approve an agreement as a whole or
23reject an agreement as a whole. If rejected, the matter shall

 

 

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1be returned to the parties for further bargaining. Once
2approved by joint resolution of the General Assembly, any
3provision of an agreement need not be resubmitted by the
4parties to the agreement as part of a future contract approval
5process, unless changes in the language of the provision are
6negotiated by the parties. Any supplemental understanding
7reached between the parties containing provisions that would
8supersede any statute or rule of a State agency or department,
9or that would require additional State funding shall be
10submitted to the Clerk of the House of Representatives and the
11Secretary of the Senate and shall be approved by the General
12Assembly in the same manner as an agreement. If the General
13Assembly is in session when an agreement is filed, the General
14Assembly shall, within 30 calendar days after the date of
15filing, vote to approve or reject the agreement and hold at
16least one public hearing concerning the agreement. If the
17General Assembly is not in session when an agreement is filed,
18the agreement shall be submitted to the Clerk of the House of
19Representatives and the Secretary of the Senate within 10
20calendar days after the first day of the next regular session
21or special session called for that purpose, and a public
22hearing concerning the agreement shall be held within 30
23calendar days after the agreement is submitted. The agreement
24shall be deemed approved if a public hearing concerning the
25agreement has been held and the General Assembly fails to vote
26to approve or reject the agreement within 30 calendar days

 

 

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1after filing or submittal, as applicable. However, the
230-calendar-day period shall not begin or expire unless the
3General Assembly is in regular session and shall not expire
4until the requisite public hearing has been held. For the
5purpose of this Section, any agreement filed with the Clerk of
6the House of Representatives or Secretary of the Senate within
730 calendar days before the commencement of a regular session
8of the General Assembly shall be deemed to be filed on the
9first day of that session. This Section is repealed on January
1013, 2015.
 
11    Section 10. The Personnel Code is amended by changing
12Section 9 as follows:
 
13    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
14    Sec. 9. Director, powers and duties. The Director, as
15executive head of the Department, shall direct and supervise
16all its administrative and technical activities. In addition to
17the duties imposed upon him elsewhere in this law, it shall be
18his duty:
19    (1) To apply and carry out this law and the rules adopted
20thereunder.
21    (2) To attend meetings of the Commission.
22    (3) To establish and maintain a roster of all employees
23subject to this Act, in which there shall be set forth, as to
24each employee, the class, title, pay, status, and other

 

 

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1pertinent data.
2    (4) To appoint, subject to the provisions of this Act, such
3employees of the Department and such experts and special
4assistants as may be necessary to carry out effectively this
5law.
6    (5) Subject to such exemptions or modifications as may be
7necessary to assure the continuity of federal contributions in
8those agencies supported in whole or in part by federal funds,
9to make appointments to vacancies; to approve all written
10charges seeking discharge, demotion, or other disciplinary
11measures provided in this Act and to approve transfers of
12employees from one geographical area to another in the State,
13in offices, positions or places of employment covered by this
14Act, after consultation with the operating unit.
15    (6) To formulate and administer service wide policies and
16programs for the improvement of employee effectiveness,
17including training, safety, health, incentive recognition,
18counseling, welfare and employee relations. The Department
19shall formulate and administer recruitment plans and testing of
20potential employees for agencies having direct contact with
21significant numbers of non-English speaking or otherwise
22culturally distinct persons. The Department shall require each
23State agency to annually assess the need for employees with
24appropriate bilingual capabilities to serve the significant
25numbers of non-English speaking or culturally distinct
26persons. The Department shall develop a uniform procedure for

 

 

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1assessing an agency's need for employees with appropriate
2bilingual capabilities. Agencies shall establish occupational
3titles or designate positions as "bilingual option" for persons
4having sufficient linguistic ability or cultural knowledge to
5be able to render effective service to such persons. The
6Department shall ensure that any such option is exercised
7according to the agency's needs assessment and the requirements
8of this Code. The Department shall make annual reports of the
9needs assessment of each agency and the number of positions
10calling for non-English linguistic ability to whom vacancy
11postings were sent, and the number filled by each agency. Such
12policies and programs shall be subject to approval by the
13Governor. Such policies, program reports and needs assessment
14reports shall be filed with the General Assembly by January 1
15of each year and shall be available to the public.
16    The Department shall include within the report required
17above the number of persons receiving the bilingual pay
18supplement established by Section 8a.2 of this Code. The report
19shall provide the number of persons receiving the bilingual pay
20supplement for languages other than English and for signing.
21The report shall also indicate the number of persons, by the
22categories of Hispanic and non-Hispanic, who are receiving the
23bilingual pay supplement for language skills other than
24signing, in a language other than English.
25    (7) Subject to the requirements of Section 21.1 of the
26Illinois Public Labor Relations Act, to To conduct negotiations

 

 

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1affecting pay, hours of work, or other working conditions of
2employees subject to this Act.
3    (8) To make continuing studies to improve the efficiency of
4State services to the residents of Illinois, including but not
5limited to those who are non-English speaking or culturally
6distinct, and to report his findings and recommendations to the
7Commission and the Governor.
8    (9) To investigate from time to time the operation and
9effect of this law and the rules made thereunder and to report
10his findings and recommendations to the Commission and to the
11Governor.
12    (10) To make an annual report regarding the work of the
13Department, and such special reports as he may consider
14desirable, to the Commission and to the Governor, or as the
15Governor or Commission may request.
16    (11) To conduct research and planning regarding the total
17manpower needs of all offices, including the Lieutenant
18Governor, Secretary of State, State Treasurer, State
19Comptroller, State Superintendent of Education, and Attorney
20General, and of all departments, agencies, boards, and
21commissions of the executive branch, except state-supported
22colleges and universities, and for that purpose to prescribe
23forms for the reporting of such personnel information as the
24department may request both for positions covered by this Act
25and for those exempt in whole or in part.
26    (12) To prepare and publish a semi-annual statement showing

 

 

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1the number of employees exempt and non-exempt from merit
2selection in each department. This report shall be in addition
3to other information on merit selection maintained for public
4information under existing law.
5    (13) To authorize in every department or agency subject to
6Jurisdiction C the use of flexible hours positions. A flexible
7hours position is one that does not require an ordinary work
8schedule as determined by the Department and includes but is
9not limited to: 1) a part time job of 20 hours or more per week,
102) a job which is shared by 2 employees or a compressed work
11week consisting of an ordinary number of working hours
12performed on fewer than the number of days ordinarily required
13to perform that job. The Department may define flexible time to
14include other types of jobs that are defined above.
15    The Director and the director of each department or agency
16shall together establish goals for flexible hours positions to
17be available in every department or agency.
18    The Department shall give technical assistance to
19departments and agencies in achieving their goals, and shall
20report to the Governor and the General Assembly each year on
21the progress of each department and agency.
22    When a goal of 10% of the positions in a department or
23agency being available on a flexible hours basis has been
24reached, the Department shall evaluate the effectiveness and
25efficiency of the program and determine whether to expand the
26number of positions available for flexible hours to 20%.

 

 

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1    When a goal of 20% of the positions in a department or
2agency being available on a flexible hours basis has been
3reached, the Department shall evaluate the effectiveness and
4efficiency of the program and determine whether to expand the
5number of positions available for flexible hours.
6    Each department shall develop a plan for implementation of
7flexible work requirements designed to reduce the need for day
8care of employees' children outside the home. Each department
9shall submit a report of its plan to the Department of Central
10Management Services and the General Assembly. This report shall
11be submitted biennially by March 1, with the first report due
12March 1, 1993.
13    (14) To perform any other lawful acts which he may consider
14necessary or desirable to carry out the purposes and provisions
15of this law.
16    The requirement for reporting to the General Assembly shall
17be satisfied by filing copies of the report with the Speaker,
18the Minority Leader and the Clerk of the House of
19Representatives and the President, the Minority Leader and the
20Secretary of the Senate and the Legislative Research Unit, as
21required by Section 3.1 of "An Act to revise the law in
22relation to the General Assembly", approved February 25, 1874,
23as amended, and filing such additional copies with the State
24Government Report Distribution Center for the General Assembly
25as is required under paragraph (t) of Section 7 of the State
26Library Act.

 

 

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1(Source: P.A. 86-1004; 87-552; 87-1050.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.