Full Text of HB3388 99th General Assembly
HB3388 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3388 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
| 20 ILCS 415/8c | from Ch. 127, par. 63b108c |
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Amends the Personnel Code. Removes a provision exempting the Upward Mobility Program from State recovery of payments for coursework or training programs. Effective immediately.
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| | A BILL FOR |
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| 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 Personnel Code is amended by changing | 5 | | Section 8c as follows:
| 6 | | (20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
| 7 | | Sec. 8c. Jurisdiction C; conditions of employment. For | 8 | | positions in the
State service subject to the jurisdiction of | 9 | | the Department of Central
Management Services with respect to | 10 | | conditions of employment:
| 11 | | (1) For establishment of a plan for resolving employee | 12 | | grievances
and complaints, excluding compulsory | 13 | | arbitration.
| 14 | | (2) For hours of work, holidays, and attendance | 15 | | regulation in the
various classes of positions in the State | 16 | | service; for annual, sick and
special leaves of absence, | 17 | | with or without pay or with reduced pay; for
compensatory | 18 | | time off for overtime or for pay for overtime, and for the
| 19 | | rate at which compensatory time off is to be allowed or for | 20 | | the rate
which is to be paid for overtime. If the services | 21 | | of an employee in the
State service are terminated by | 22 | | reason of his retirement, disability or
death, he, or his | 23 | | estate, as the case may be, shall be paid a lump sum,
for |
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| 1 | | the number of days for leave for personal business which | 2 | | the
employee had accumulated but not used as of the date | 3 | | his services were
terminated, in an amount equal to 1/2 of | 4 | | his pay per working day times
the number of such leave days | 5 | | so accumulated and not used.
| 6 | | (3) For the development and operation of programs to | 7 | | improve the
work effectiveness and morale of employees in | 8 | | the State service,
including training, safety, health, | 9 | | welfare, counseling, recreation,
employee relations, a | 10 | | suggestion system, and others.
| 11 | | Employees whose tuition and fees are paid by the State, | 12 | | either directly
or by reimbursement, shall incur a work | 13 | | commitment to the State.
Employees whose State paid | 14 | | training has not led to a postsecondary degree
shall be | 15 | | obligated to continue in the employ of the State, but not
| 16 | | necessarily in the same agency, for a period of at least 18 | 17 | | months
following completion of the most recent course. | 18 | | Employees whose State paid
training has led to a | 19 | | postsecondary degree and whose State payments have
paid for | 20 | | 50% or more of the required credit hours shall be obligated | 21 | | to
continue in the employ of the State, but not necessarily | 22 | | in the same
agency, for a minimum of 4 years after | 23 | | receiving the degree.
| 24 | | If the employee does not fulfill this work commitment | 25 | | by voluntarily
leaving State employment, the State may | 26 | | recover payments in a civil action
and may also recover |
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| 1 | | interest at the rate of 1% per month from the time the
| 2 | | State makes payment until the time the State recovers the | 3 | | payment. The
amount the State may recover under this | 4 | | subsection (3) shall be reduced by
25% of the gross amount | 5 | | paid by the State for each year the employee is
employed by | 6 | | the State after the employee receives a postsecondary | 7 | | degree,
and 1/18th of the gross amount paid by the State | 8 | | for each month the
employee is employed by the State after | 9 | | the employee completes the most
recent course which has not | 10 | | led to a postsecondary degree.
| 11 | | The State shall not recover payments for course work or | 12 | | a training
program that was (a) started before the | 13 | | effective date of this Act; (b)
completed as a requirement | 14 | | for a grammar school certificate or a high
school diploma, | 15 | | to prepare for high school equivalency testing, or to | 16 | | improve literacy or numeracy; (c) specialized
training in | 17 | | the form of a conference, seminar, workshop, or similar
| 18 | | arrangement offered by public or private organizations; | 19 | | (d) (blank) provided as
part of the Upward Mobility Program | 20 | | administered by the Department of
Central Management | 21 | | Services ; or (e) a condition of continued employment.
| 22 | | Department of State Police employees who are enrolled | 23 | | in an official
training program that lasts longer than one | 24 | | year shall incur a work
commitment to the State. The work | 25 | | commitment shall be 2 months for each
month of completed | 26 | | training. If the employee fails to fulfill this work
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| 1 | | commitment by voluntarily leaving State employment, the | 2 | | State may recover
wages in a civil action and may also | 3 | | recover interest at the rate of 1% per
month from the time | 4 | | the State makes payment until the time the State
recovers | 5 | | the payment. The amount the State may recover under this
| 6 | | subsection (3) shall be reduced by the number of months | 7 | | served after the
training is completed times the monthly | 8 | | salary at the time of separation.
| 9 | | The Department of Central Management Services shall | 10 | | promulgate rules
governing recovery activities to be used | 11 | | by all State agencies paying,
whether directly or by | 12 | | reimbursement, for employee tuition and fees. Each
such | 13 | | agency shall make necessary efforts, including pursuing | 14 | | appropriate
legal action, to recover the actual | 15 | | reimbursements and applicable interest
due the State under | 16 | | this subsection (3).
| 17 | | (4) For the establishment of a sick pay plan in | 18 | | accordance with Section 36
of the State Finance Act.
| 19 | | (5) For the establishment of a family responsibility | 20 | | leave plan under
which an employee in the State service may | 21 | | request and receive a leave of
absence for up to one year | 22 | | without penalty whenever such leave is requested
to enable | 23 | | the employee to meet a bona fide family responsibility of | 24 | | such
employee. The procedure for determining and | 25 | | documenting the existence of
a bona fide family | 26 | | responsibility shall be as provided by rule, but without
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| 1 | | limiting the circumstances which shall constitute a bona | 2 | | fide family
responsibility under the rules, such | 3 | | circumstances shall include leave
incident to the birth of | 4 | | the employee's child and the responsibility
thereafter to | 5 | | provide proper care to that child or to a newborn child
| 6 | | adopted by the employee, the responsibility to provide | 7 | | regular care to a
disabled, incapacitated or bedridden | 8 | | resident of the employee's household
or member of the | 9 | | employee's family, and the responsibility to furnish
| 10 | | special guidance, care and supervision to a resident of the | 11 | | employee's
household or member of the employee's family in | 12 | | need thereof under
circumstances temporarily inconsistent | 13 | | with uninterrupted employment in
State service. The family | 14 | | responsibility leave plan so established shall
provide | 15 | | that any such leave shall be without pay, that the | 16 | | seniority of the
employee on such leave shall not be | 17 | | reduced during the period of the leave,
that such leave | 18 | | shall not under any circumstance or for any purpose be
| 19 | | deemed to cause a break in such employee's State service, | 20 | | that during the
period of such leave any coverage of the | 21 | | employee or the employee's
dependents which existed at the | 22 | | commencement of the leave under any group
health, hospital, | 23 | | medical and life insurance plan provided through the
State | 24 | | shall continue so long as the employee pays to the State | 25 | | when due the
full premium incident to such coverage, and | 26 | | that upon expiration of the
leave the employee shall be |
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| 1 | | returned to the same position and classification
which such | 2 | | employee held at the commencement of the leave. The | 3 | | Director
of Central Management Services shall prepare | 4 | | proposed rules consistent with
this paragraph within 45 | 5 | | days after the effective date of this amendatory
Act of | 6 | | 1983, shall promptly thereafter cause a public hearing | 7 | | thereon to
be held as provided in Section 8 and shall | 8 | | within 120 days after the effective
date of this amendatory | 9 | | Act of 1983 cause such proposed rules to be submitted
to | 10 | | the Civil Service Commission as provided in Section 8.
| 11 | | (6) For the development and operation of a plan for | 12 | | alternative
employment for any employee who is able to | 13 | | perform alternative employment
after a work related or | 14 | | non-work related disability essentially precludes
that | 15 | | employee from performing his or her currently assigned | 16 | | duties.
Such a plan shall be voluntary for any employee and | 17 | | nonparticipation
shall not be grounds for denial of any | 18 | | benefit to which the employee would
otherwise be eligible. | 19 | | Any plan seeking to cover positions for which there
is a | 20 | | recognized bargaining agent shall be subject to collective | 21 | | bargaining
between the parties.
| 22 | | (7) For the development and operation of an Executive | 23 | | Development
Program to provide scholarships for the | 24 | | receipt of academic degrees or
senior executive training | 25 | | beyond the Bachelor's degree level for as many as
25 | 26 | | employees at any given time:
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| 1 | | (i) each of whom is nominated for such scholarship | 2 | | by the head of the
employee's agency and approved by | 3 | | the Director;
| 4 | | (ii) who are subject to Term Appointment under | 5 | | Section 8b.18
or who would
be subject to such Term | 6 | | Appointment but for Federal funding or who are
exempt | 7 | | from Jurisdiction B under subsections (2), (3) or (6) | 8 | | of Section 4d
of this Act:
| 9 | | (iii) who meet the admission standards established | 10 | | by the institution
awarding the advanced degree or | 11 | | conducting the training;
| 12 | | (iv) each of whom agrees, as a condition of | 13 | | accepting such scholarship,
that the State may recover | 14 | | the scholarship by garnishment, lien or other
| 15 | | appropriate legal action if the employee fails to | 16 | | continue in the employ of
the State, but not | 17 | | necessarily in the same agency, for a minimum of 4 | 18 | | years
following receipt of an advanced degree or | 19 | | training and that the State may
charge interest from | 20 | | the time of payment until the time of recovery of such
| 21 | | scholarship of no less than 1% per month or 12% per | 22 | | annum on all funds
recovered by the State. The amount | 23 | | the State may recover under this
Section will be | 24 | | reduced by 25% of the gross amount paid by the State | 25 | | for
each year of employment following receipt of the | 26 | | advanced degree or training.
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| 1 | | The Director shall in approving eligible employees for | 2 | | the Executive
Development Program make every attempt to | 3 | | guarantee that at least 1/3 of
the employees appointed to | 4 | | the program reflect the ratio of sex, race,
and ethnicity | 5 | | of eligible employees.
| 6 | | Such scholarships shall not exceed the amount | 7 | | established for tuition
and fees for the applicable | 8 | | advanced degree or training at State
universities in | 9 | | Illinois whether the employee enrolls at any Illinois | 10 | | public
or private institution, and shall not include any | 11 | | textbooks or equipment
such as personal computers.
| 12 | | The Department of Central Management Services shall | 13 | | make necessary
efforts, including appropriate legal | 14 | | action, to recover scholarships and
interest thereupon due | 15 | | subject to recovery by the State under Subparagraph
(iv) of | 16 | | this Subsection (7).
| 17 | | (Source: P.A. 98-718, eff. 1-1-15 .)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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