Full Text of SB3801 097th General Assembly
SB3801 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3801 Introduced 2/10/2012, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Public Labor Relations Act. Requires any collective bargaining agreement entered into, amended, or renewed on or after the effective date of the amendatory Act by the Governor, or an 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, and the labor organization to prepare a joint projection of the costs that are to be paid by the State during each State fiscal year that is covered by the agreement. Sets forth requirements for the joint projection. Requires the Governor to submit a copy of the agreement, a copy of the joint projection, and a request for funds necessary to implement the agreement to the Commission on Government Forecasting and Accountability, the legislative leaders, and the Index Department of the Office of the Secretary of State within 10 days after executing the agreement. Requires the Commission, during the 50 days that follow the receipt of those materials, to conduct an independent assessment of the joint projection, hold at least one public hearing regarding the agreement, and issue an advisory opinion. Requires the Commission to file a copy of its opinion with the Governor, the legislative leaders, and the Index Department of the Office of the Secretary of State and to make the opinion available to the public upon request. Requires the Governor and the labor organization to also prepare a joint projection for any agreement of this sort that is in effect on the effective date of the amendatory Act. Amends the Personnel Code and the Commission on Government Forecasting and Accountability Act to make conforming changes.
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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 Illinois Public Labor Relations Act is | 5 | | amended by adding Section 21.1 as follows: | 6 | | (5 ILCS 315/21.1 new) | 7 | | Sec. 21.1. Transparency of collective bargaining | 8 | | agreements reached by the Governor and labor organizations | 9 | | representing State employees. | 10 | | (a) Any collective bargaining agreement entered into, | 11 | | amended, or renewed, on or after the effective date of this | 12 | | Section, by the Governor, or an agency, bureau, department, | 13 | | division, or office under the jurisdiction of the Governor, and | 14 | | a labor organization that represents State employees must be | 15 | | reduced to writing. Once the agreement is reduced to writing, | 16 | | the Governor, or his or her designee, and the labor | 17 | | organization must prepare a joint projection of the costs that | 18 | | are to be paid by the State during each State fiscal year that | 19 | | is covered by the agreement. The joint projection must (i) | 20 | | accurately and in as detailed a manner as is possible project | 21 | | how funds provided by the State to implement the agreement will | 22 | | be allocated for services during each State fiscal year covered | 23 | | by the agreement and (ii) set forth the assumptions upon which |
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| 1 | | its projections are based. Within 10 days after executing an | 2 | | agreement that is subject to this Section, the Governor shall | 3 | | submit a copy of the agreement, a copy of the joint projection, | 4 | | and a request for funds necessary to implement the agreement to | 5 | | the Commission on Government Forecasting and Accountability, | 6 | | the President of the Senate, the Minority Leader of the Senate, | 7 | | the Speaker of the House of Representatives, the Minority | 8 | | Leader of the House of Representatives, and the Index | 9 | | Department of the Office of the Secretary of State. During the | 10 | | 50 days that follow its receipt of those materials, the | 11 | | Commission shall conduct an independent assessment of the joint | 12 | | projection, hold at least one public hearing regarding the | 13 | | agreement, and issue an advisory opinion. That advisory opinion | 14 | | must, at a minimum, provide the results of the Commission's | 15 | | independent assessment for each fiscal year that is covered by | 16 | | the agreement. To facilitate the ability of the Commission to | 17 | | conduct its independent assessment of the joint projection, the | 18 | | Governor and the parties to the contract shall provide the | 19 | | Commission with any information that it requests. As soon as | 20 | | possible after issuing its advisory opinion, the Commission | 21 | | shall file a copy of its opinion with the Governor, the | 22 | | President of the Senate, the Minority Leader of the Senate, the | 23 | | Speaker of the House of Representatives, the Minority Leader of | 24 | | the House of Representatives, and the Index Department of the | 25 | | Office of the Secretary of State. The Commission shall also | 26 | | make copies of its opinion available to the public upon |
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| 1 | | request. | 2 | | (b) If a collective bargaining agreement between the | 3 | | Governor, or an agency, bureau, department, division, or office | 4 | | under the jurisdiction of the Governor, and a labor | 5 | | organization that represents State employees is in effect on | 6 | | the effective date of this Section, the Governor, or his or her | 7 | | designee, and the labor organizations that are covered by that | 8 | | agreement must prepare a joint projection of the amounts that, | 9 | | on the effective date of this Section, remain to be paid by the | 10 | | State in each State fiscal year covered by the agreement. The | 11 | | joint projection must (i) accurately and in as detailed a | 12 | | manner as is possible project how funds provided by the State | 13 | | to implement the agreement will be allocated for services | 14 | | during each State fiscal year covered by the agreement and (ii) | 15 | | set forth the assumptions upon which its projections are based. | 16 | | Within 30 days after the effective date of this Section, the | 17 | | Governor shall submit a copy of the joint projection to the | 18 | | Commission on Government Forecasting and Accountability, the | 19 | | President of the Senate, the Minority Leader of the Senate, the | 20 | | Speaker of the House of Representatives, the Minority Leader of | 21 | | the House of Representatives, and the Index Department of the | 22 | | Office of the Secretary of State. | 23 | | Section 10. The Personnel Code is amended by changing | 24 | | Section 9 as follows:
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| 1 | | (20 ILCS 415/9) (from Ch. 127, par. 63b109)
| 2 | | Sec. 9. Director, powers and duties. The Director, as | 3 | | executive
head of the Department, shall direct and supervise | 4 | | all its
administrative and technical activities. In addition to | 5 | | the duties
imposed upon him elsewhere in this law, it shall be | 6 | | his duty:
| 7 | | (1) To apply and carry out this law and the rules adopted
| 8 | | thereunder.
| 9 | | (2) To attend meetings of the Commission.
| 10 | | (3) To establish and maintain a roster of all employees | 11 | | subject to
this Act, in which there shall be set forth, as to | 12 | | each employee, the
class, title, pay, status, and other | 13 | | pertinent data.
| 14 | | (4) To appoint, subject to the provisions of this Act, such
| 15 | | employees of the Department and such experts and special | 16 | | assistants as
may be necessary to carry out effectively this | 17 | | law.
| 18 | | (5) Subject to such exemptions or modifications as may be | 19 | | necessary
to assure the continuity of federal contributions in | 20 | | those agencies
supported in whole or in part by federal funds, | 21 | | to make appointments to
vacancies; to approve all written | 22 | | charges seeking discharge, demotion,
or other disciplinary | 23 | | measures provided in this Act and to approve
transfers of | 24 | | employees from one geographical area to another in the
State, | 25 | | in offices, positions or places of employment covered by this
| 26 | | Act, after consultation with the operating unit.
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| 1 | | (6) To formulate and administer service wide policies and | 2 | | programs
for the improvement of employee effectiveness, | 3 | | including training,
safety, health, incentive recognition, | 4 | | counseling, welfare and employee
relations. The Department | 5 | | shall formulate and administer recruitment
plans and testing of | 6 | | potential employees for agencies having direct
contact with | 7 | | significant numbers of non-English speaking or otherwise
| 8 | | culturally distinct persons. The Department shall require each | 9 | | State agency
to annually assess the need for employees with | 10 | | appropriate bilingual
capabilities to serve the significant | 11 | | numbers of non-English speaking or
culturally distinct | 12 | | persons. The Department shall develop a uniform
procedure for | 13 | | assessing an agency's need for employees with appropriate
| 14 | | bilingual capabilities. Agencies shall establish occupational | 15 | | titles or
designate positions as "bilingual option" for persons | 16 | | having sufficient
linguistic ability or cultural knowledge to | 17 | | be able to render effective
service to such persons. The | 18 | | Department shall ensure that any such option
is exercised | 19 | | according to the agency's needs assessment and the
requirements | 20 | | of this Code. The Department shall make annual reports of the
| 21 | | needs assessment of each agency and the number of positions | 22 | | calling for
non-English linguistic ability to whom vacancy | 23 | | postings were sent, and the
number filled by each agency. Such | 24 | | policies and programs shall be subject
to approval by the | 25 | | Governor. Such policies, program reports and needs
assessment | 26 | | reports shall be filed with the General Assembly
by January 1 |
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| 1 | | of each year and shall be available to the public.
| 2 | | The Department shall include within the report required | 3 | | above
the number of persons receiving the bilingual pay | 4 | | supplement established by
Section 8a.2 of this Code. The report | 5 | | shall provide the number of persons
receiving the bilingual pay | 6 | | supplement for languages other than English and for
signing. | 7 | | The report shall also indicate the number of persons, by the
| 8 | | categories of Hispanic and non-Hispanic, who are receiving the | 9 | | bilingual pay
supplement for language skills other than | 10 | | signing, in a language other than
English.
| 11 | | (7) Subject to the requirements of Section 21.1 of the | 12 | | Illinois Public Labor Relations Act, to To conduct negotiations | 13 | | affecting pay, hours of work, or other
working conditions of | 14 | | employees subject to this Act.
| 15 | | (8) To make continuing studies to improve the efficiency of | 16 | | State
services to the residents of Illinois, including but not | 17 | | limited to those
who are non-English speaking or culturally | 18 | | distinct, and to report his
findings and recommendations to the | 19 | | Commission and the Governor.
| 20 | | (9) To investigate from time to time the operation and | 21 | | effect of
this law and the rules made thereunder and to report | 22 | | his findings and
recommendations to the Commission and to the
| 23 | | Governor.
| 24 | | (10) To make an annual report regarding the work of the | 25 | | Department,
and such special reports as he may consider | 26 | | desirable, to the Commission
and to the Governor, or as the |
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| 1 | | Governor or Commission may request.
| 2 | | (11) To conduct research and planning regarding the total | 3 | | manpower
needs of all offices, including the Lieutenant | 4 | | Governor, Secretary of
State, State Treasurer, State | 5 | | Comptroller, State Superintendent of
Education, and Attorney | 6 | | General, and of all departments, agencies,
boards, and | 7 | | commissions of the executive branch, except state-supported
| 8 | | colleges and universities, and for that purpose to prescribe | 9 | | forms for
the reporting of such personnel information as the | 10 | | department may
request both for positions covered by this Act | 11 | | and for those exempt in
whole or in part.
| 12 | | (12) To prepare and publish a semi-annual statement showing | 13 | | the
number of employees exempt and non-exempt from merit | 14 | | selection in each
department. This report shall be in addition | 15 | | to other information on
merit selection maintained for public | 16 | | information under existing law.
| 17 | | (13) To authorize in every department or agency subject to
| 18 | | Jurisdiction C the use of flexible hours positions. A flexible | 19 | | hours
position is one that does not require an ordinary work | 20 | | schedule as
determined by the Department and includes but is | 21 | | not limited to: 1) a
part time job of 20 hours or more per week, | 22 | | 2) a job which is shared by
2 employees or a compressed work | 23 | | week consisting of an ordinary number
of working hours | 24 | | performed on fewer than the number of days ordinarily
required | 25 | | to perform that job. The Department may define flexible time
to | 26 | | include other types of jobs that are defined above.
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| 1 | | The Director and the director of each department or agency | 2 | | shall
together establish goals for flexible hours positions to | 3 | | be available in
every department or agency.
| 4 | | The Department shall give technical assistance to | 5 | | departments and
agencies in achieving their goals, and shall | 6 | | report to the Governor and
the General Assembly each year on | 7 | | the progress of each department and
agency.
| 8 | | When a goal of 10% of the positions in a department or | 9 | | agency being
available on a flexible hours basis has been | 10 | | reached, the Department
shall evaluate the effectiveness and | 11 | | efficiency of the program and
determine whether to expand the | 12 | | number of positions available for
flexible hours to 20%.
| 13 | | When a goal of 20% of the positions in a department or | 14 | | agency being
available on a flexible hours basis has been | 15 | | reached, the Department
shall evaluate the effectiveness and | 16 | | efficiency of the program and
determine whether to expand the | 17 | | number of positions available for
flexible hours.
| 18 | | Each department shall develop a plan for implementation of | 19 | | flexible
work requirements designed to reduce the need for day | 20 | | care of employees'
children outside the home. Each department | 21 | | shall submit a report of its
plan to the Department of Central | 22 | | Management Services and the General
Assembly. This report shall | 23 | | be submitted biennially by March 1, with the
first report due | 24 | | March 1, 1993.
| 25 | | (14) To perform any other lawful acts which he may consider
| 26 | | necessary or desirable to carry out the purposes and provisions |
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| 1 | | of this
law.
| 2 | | The requirement for reporting to the General Assembly shall | 3 | | be satisfied
by filing copies of the report with the Speaker, | 4 | | the Minority Leader and
the Clerk of the House of | 5 | | Representatives and the President, the Minority
Leader and the | 6 | | Secretary of the Senate and the Legislative Research
Unit, as | 7 | | required by Section 3.1 of "An Act to revise the law in | 8 | | relation
to the General Assembly", approved February 25, 1874, | 9 | | as amended, and
filing such additional copies with the State | 10 | | Government Report Distribution
Center for the General Assembly | 11 | | as is required under paragraph (t) of
Section 7 of the State | 12 | | Library Act.
| 13 | | (Source: P.A. 86-1004; 87-552; 87-1050.)
| 14 | | Section 15. The Commission on Government Forecasting and | 15 | | Accountability Act is amended by changing Section 3 as follows: | 16 | | (25 ILCS 155/3) (from Ch. 63, par. 343) | 17 | | Sec. 3. The Commission shall:
| 18 | | (1) Study from time to time and report to the General | 19 | | Assembly on
economic development and trends in the State.
| 20 | | (2) Make such special economic and fiscal studies as it | 21 | | deems
appropriate or desirable or as the General Assembly | 22 | | may request.
| 23 | | (3) Based on its studies, recommend such State fiscal | 24 | | and economic
policies as it deems appropriate or desirable |
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| 1 | | to improve the functioning
of State government and the | 2 | | economy of the various regions within the
State.
| 3 | | (4) Prepare annually a State economic report.
| 4 | | (5) Provide information for all appropriate | 5 | | legislative
organizations and personnel on economic trends | 6 | | in relation to long range
planning and budgeting.
| 7 | | (6) Study and make such recommendations as it deems | 8 | | appropriate to
the General Assembly on local and regional | 9 | | economic and fiscal policy
and on federal fiscal policy as | 10 | | it may affect Illinois.
| 11 | | (7) Review capital expenditures, appropriations and | 12 | | authorizations
for both the State's general obligation and | 13 | | revenue bonding authorities.
At the direction of the | 14 | | Commission, specific reviews may include
economic | 15 | | feasibility reviews of existing or proposed revenue bond
| 16 | | projects to determine the accuracy of the original estimate | 17 | | of useful
life of the projects, maintenance requirements | 18 | | and ability to meet debt
service requirements through their | 19 | | operating expenses.
| 20 | | (8) Receive and review all executive agency and revenue | 21 | | bonding
authority annual and 3 year plans. The Commission | 22 | | shall prepare a
consolidated review of these plans, an | 23 | | updated assessment of current
State agency capital plans, a | 24 | | report on the outstanding and unissued
bond | 25 | | authorizations, an evaluation of the State's ability to | 26 | | market
further bond issues and shall submit them as the |
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| 1 | | "Legislative Capital
Plan Analysis" to the House and Senate | 2 | | Appropriations Committees at
least once a year. The | 3 | | Commission shall annually submit to the General
Assembly on | 4 | | the first Wednesday of April a report on the State's | 5 | | long-term
capital needs, with particular emphasis upon and | 6 | | detail of the 5-year
period in the immediate future.
| 7 | | (9) Study and make recommendations it deems | 8 | | appropriate to the
General Assembly on State bond | 9 | | financing, bondability guidelines, and
debt management. At | 10 | | the direction of the Commission, specific studies
and | 11 | | reviews may take into consideration short and long-run | 12 | | implications
of State bonding and debt management policy.
| 13 | | (10) Comply with the provisions of the "State Debt
| 14 | | Impact Note Act" as now or hereafter amended.
| 15 | | (11) Comply with the provisions of the Pension Impact | 16 | | Note Act, as now
or hereafter amended.
| 17 | | (12) By August 1st of each year, the Commission must | 18 | | prepare and cause to
be published a summary report of State | 19 | | appropriations for the State fiscal year
beginning the | 20 | | previous July 1st. The summary report must discuss major
| 21 | | categories of appropriations, the issues the General | 22 | | Assembly faced in
allocating appropriations, comparisons | 23 | | with appropriations for previous
State fiscal years, and | 24 | | other matters helpful in providing the citizens of
Illinois | 25 | | with an overall understanding of appropriations for that | 26 | | fiscal year.
The summary report must be written in plain |
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| 1 | | language and designed for
readability. Publication must be | 2 | | in newspapers of general circulation in the
various areas | 3 | | of the State to ensure distribution statewide. The summary
| 4 | | report must also be published on the General Assembly's web | 5 | | site.
| 6 | | (13) Comply with the provisions of the State Facilities | 7 | | Closure Act.
| 8 | | (14) For fiscal year 2012 and thereafter, develop a | 9 | | 3-year budget forecast for the State, including | 10 | | opportunities and threats concerning anticipated revenues | 11 | | and expenditures, with an appropriate level of detail. | 12 | | (15) Comply with the provisions of Section 21.1 of the | 13 | | Illinois Public Labor Relations Act. | 14 | | The requirement for reporting to the General Assembly shall | 15 | | be satisfied
by filing copies of the report with the Speaker, | 16 | | the Minority Leader and
the Clerk of the House of | 17 | | Representatives and the President, the Minority
Leader and the | 18 | | Secretary of the Senate and the Legislative
Research
Unit, as | 19 | | required by Section 3.1 of the General Assembly
Organization | 20 | | Act, and
filing such additional copies with the State | 21 | | Government Report Distribution
Center for the General Assembly | 22 | | as is required under paragraph (t) of
Section 7 of the State | 23 | | Library Act.
| 24 | | (Source: P.A. 96-958, eff. 7-1-10.)
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INDEX
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Statutes amended in order of appearance
| | 3 | | 5 ILCS 315/21.1 new | | | 4 | | 20 ILCS 415/9 | from Ch. 127, par. 63b109 | | 5 | | 25 ILCS 155/3 | from Ch. 63, par. 343 |
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