Full Text of HB5178 093rd General Assembly
HB5178 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5178
Introduced 2/5/2004, by Ricca Slone SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/3-12008.5 new |
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60 ILCS 5/100-7 new |
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65 ILCS 5/10-4-1.5 new |
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30 ILCS 805/8.28 new |
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Amends the Counties Code, the Township Code, and the Illinois
Municipal Code. Provides that any individual who has been employed as a
temporary, provisional, or probationary employee of a township, county, or
municipality for at least 12 consecutive months
is entitled to the same benefits offered by that unit of local government to
permanent employees in the same position. Prohibits a county, township, or
municipality from dismissing an employee in order to avoid compliance.
Provides that the Act does not affect collective bargaining agreements in
effect
upon the effective date. Preempts home rule. Amends the State
Mandates Act to require implementation without reimbursement by the State.
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FISCAL NOTE ACT MAY APPLY |
HOME RULE NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB5178 |
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LRB093 13402 MKM 47162 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Counties Code is amended by adding Section | 5 |
| 3-12008.5 as
follows:
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| (55 ILCS 5/3-12008.5 new)
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| Sec. 3-12008.5. Temporary, provisional, or probationary | 8 |
| employees;
benefits.
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| (a) Any individual who has been employed as a temporary, | 10 |
| provisional,
or probationary employee of a county for at least | 11 |
| 12 consecutive months
shall be entitled to the same benefits | 12 |
| offered by the county to permanent
employees in the same or a | 13 |
| similar position. No temporary, provisional, or
probationary
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| employee shall be dismissed by a county in order
to
avoid | 15 |
| compliance with this Section.
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| (b) This Section has no effect on any collective bargaining | 17 |
| agreements in
effect upon the effective date of this amendatory | 18 |
| Act of the 93rd General
Assembly.
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| (c) A home rule county may not regulate the provision of | 20 |
| benefits to
temporary, provisional, or probationary employees | 21 |
| of the county in a
manner that is inconsistent with this | 22 |
| Section. This Section is a limitation
under
subsection (i) of | 23 |
| Section 6 of Article VII of the Illinois Constitution on the
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| concurrent exercise by home rule units of powers and functions | 25 |
| exercised by the
State.
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| Section 10. The Township Code is amended by adding Section | 27 |
| 100-7 as
follows:
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| (60 ILCS 5/100-7 new)
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| Sec. 100-7. Temporary, provisional, or probationary | 30 |
| employees; benefits.
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HB5178 |
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LRB093 13402 MKM 47162 b |
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| (a) Any individual who has served as a temporary, | 2 |
| provisional, or
probationary employee of a township for at | 3 |
| least 12 consecutive months
shall be entitled to the same
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| benefits offered by the township to permanent employees in the | 5 |
| same or a
similar position. No temporary, provisional, or | 6 |
| probationary employee shall be
dismissed by a township in order
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| to avoid compliance with this Section.
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| (b) This Section has no effect on any collective bargaining | 9 |
| agreements in
effect upon the effective date of this amendatory | 10 |
| Act of the 93rd General
Assembly.
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| Section 15. The Illinois Municipal Code is amended by | 12 |
| adding Section 10-4-1.5
as follows:
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| (65 ILCS 5/10-4-1.5 new)
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| Sec. 10-4-1.5. Temporary, provisional, or probationary | 15 |
| employees;
benefits.
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| (a) Any individual who has served as a temporary, | 17 |
| provisional, or
probationary employee of a municipality for at | 18 |
| least 12 consecutive months
shall be entitled to
the same | 19 |
| benefits offered by the municipality to permanent employees in | 20 |
| the
same or a similar position. No
temporary, provisional, or | 21 |
| probationary employee shall be dismissed by the
municipality in | 22 |
| order to avoid compliance with this Section.
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| (b) This Section has no effect on any collective bargaining | 24 |
| agreements in
effect upon the effective date of this amendatory | 25 |
| Act of the 93rd General
Assembly.
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| (c) A home rule municipality may not regulate the provision | 27 |
| of benefits to
temporary, provisional, or probationary | 28 |
| employees of the municipality in
a manner that is inconsistent | 29 |
| with this Section. This Section is a limitation
under
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| subsection (i) of Section 6 of Article VII of the Illinois | 31 |
| Constitution on the
concurrent exercise by home rule units of | 32 |
| powers and functions exercised by the
State.
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| Section 90. The State Mandates Act is amended by adding |
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HB5178 |
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LRB093 13402 MKM 47162 b |
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| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 4 |
| of this
Act, no reimbursement by the State is required for the | 5 |
| implementation of
any mandate created by this amendatory Act of | 6 |
| the 93rd General Assembly.
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