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91_SB0113
LRB9100084MWgcA
1 AN ACT concerning administrative hearings, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Administrative Procedure Act is
6 amended by changing Sections 10-20 and 10-30 and by adding
7 Article 12 as follows:
8 (5 ILCS 100/10-20) (from Ch. 127, par. 1010-20)
9 Sec. 10-20. Qualifications of administrative law judges.
10 Except as provided in Article 12 of this Act, all agencies
11 shall adopt rules concerning the minimum qualifications of
12 administrative law judges for contested case hearings. The
13 agency head or an attorney licensed to practice law in
14 Illinois may act as an administrative law judge or panel for
15 an agency without adopting any rules under this Section.
16 These rules may be adopted using the procedures in either
17 Section 5-15 or 5-35.
18 (Source: P.A. 87-823.)
19 (5 ILCS 100/10-30) (from Ch. 127, par. 1010-30)
20 Sec. 10-30. Disqualification of administrative law
21 judge.
22 (a) Except as provided in Article 12 of this Act, the
23 agency head, one or more members of the agency head, or any
24 other person meeting the qualifications set forth by rule
25 under Section 10-20 may be the administrative law judge.
26 (b) The agency shall provide by rule for
27 disqualification of an administrative law judge for bias or
28 conflict of interest. An adverse ruling, in and of itself,
29 shall not constitute bias or conflict of interest.
30 (Source: P.A. 87-823.)
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1 (5 ILCS 100/Art. 12 heading new)
2 ARTICLE 12. OFFICE OF ADMINISTRATIVE HEARINGS
3 (5 ILCS 100/12-5 new)
4 Sec. 12-5. Applicability.
5 (a) This Article applies to all agencies under the
6 jurisdiction of the Governor other than the following:
7 (1) Illinois Labor Relations Boards created under
8 the Illinois Public Labor Relations Act;
9 (2) Illinois Educational Labor Relations Board;
10 (3) Illinois Commerce Commission;
11 (4) Illinois Industrial Commission;
12 (5) Civil Service Commission;
13 (6) Pollution Control Board;
14 (7) Illinois State Police Merit Board;
15 (8) Property Tax Appeal Board; and
16 (9) Human Rights Commission.
17 (b) This Article applies to proceedings that commence on
18 or after January 1, 2000.
19 (5 ILCS 100/12-10 new)
20 Sec. 12-10. Office of Administrative Hearings.
21 (a) The Office of Administrative Hearings (Office) is
22 established. The Office is an independent State agency in
23 the executive branch and is responsible for conducting
24 administrative hearings in accordance with the legislative
25 intent expressed by this Act.
26 (b) The Office is under the direction of a Chief
27 Administrative Law Judge, appointed by the Governor, by and
28 with the advice and consent of the Senate. The Chief
29 Administrative Law Judge, as a condition of appointment, must
30 have been admitted to practice law in the State of Illinois
31 for at least 10 years, must have substantial knowledge and
32 experience suitable to the duties of the Office, and may be
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1 removed only for good cause following notice and an
2 opportunity for an adjudicative hearing.
3 (c) The Chief Administrative Law Judge must maintain his
4 or her principal office in Springfield and may maintain any
5 other offices that may be necessary. The Chief
6 Administrative Law Judge may purchase or lease any equipment
7 and supplies that may be necessary to carry out his or her
8 duties and must maintain records and files of the work of the
9 Office.
10 (5 ILCS 100/12-15 new)
11 Sec. 12-15. Term of office and salary.
12 (a) The Chief Administrative Law Judge shall serve for a
13 term of 6 years, provided that he or she shall hold office
14 until a successor is appointed.
15 (b) The Chief Administrative Law Judge shall receive an
16 annual salary of $95,000 or the amount established by the
17 Compensation Review Board, whichever is greater.
18 (5 ILCS 100/12-20 new)
19 Sec. 12-20. Oath. Each prospective Chief Administrative
20 Law Judge, before taking office, must take and subscribe to
21 the oath or affirmation prescribed by Section 3 of Article
22 XIII of the Illinois Constitution, an executed copy of which
23 shall be filed with the Secretary of State.
24 (5 ILCS 100/12-25 new)
25 Sec. 12-25. Powers and Duties of the Chief
26 Administrative Law Judge. The Chief Administrative Law Judge
27 has the following powers and duties:
28 (a) The Chief Administrative Law Judge may select any
29 administrative law judges that are necessary to carry out the
30 purposes of this Article. The Chief Administrative Law Judge
31 may establish different levels of administrative law judge
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1 positions. Each administrative law judge must have been
2 admitted to practice as an attorney in this State for at
3 least 5 years, must have a demonstrated knowledge and
4 experience of administrative law and procedure that is
5 suitable to the duties of the Office, and must be a full-time
6 employee of the Office. Administrative law judges are not
7 subject to the provisions of the Illinois Public Labor
8 Relations Act. The Chief Administrative Law Judge may employ
9 and direct other staff, including administrative, technical,
10 clerical, and other specialized or technical personnel, that
11 may be necessary to carry out the purposes of this Article.
12 (b) Employees of the Office are not subject to the
13 Personnel Code. The Chief Administrative Law Judge must
14 establish hiring procedures based upon merit and fitness and
15 may discipline and terminate employees based only upon good
16 cause. The Chief Administrative Law Judge must fix salaries
17 of Office employees and adopt personnel rules establishing a
18 general salary schedule according to a classification of
19 employees, subject to merit increases, that applies to all
20 employees. The Chief Administrative Law Judge must adopt a
21 code of conduct and rules concerning the hiring, discipline,
22 and termination of employees.
23 (c) The Chief Administrative Law Judge must assign an
24 administrative law judge for any proceeding that is required
25 by this Article to be conducted by the Office and for any
26 proceeding for which the Office has agreed to furnish an
27 administrative law judge as provided in subsection (d). Any
28 administrative law judge so assigned does not become an
29 employee of the agency during the assignment and is not
30 subject to the direction or the supervision of the agency to
31 whose proceeding the administrative law judge has been
32 assigned.
33 (d) The Office may enter into an interagency agreement
34 with any agency to furnish administrative law judges to
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1 conduct administrative hearings not otherwise required to be
2 conducted by the Office. The Office may also enter into an
3 agreement with a unit of local government or school district
4 to furnish administrative law judges to conduct
5 administrative hearings.
6 (e) In assigning administrative law judges, the Chief
7 Administrative Law Judge must, when possible, use personnel
8 having experience in the field or subject matter of the
9 hearing and assign administrative law judges primarily to the
10 hearings of particular agencies on a long-term basis. The
11 Chief Administrative Law Judge may act as an administrative
12 law judge in a particular case.
13 (f) The Office may adopt rules as necessary to carry out
14 its powers and duties under this Act. The rules must
15 include, but are not limited to, the procedures for
16 requesting the assignment of administrative law judges. No
17 agency, however, may select any individual administrative law
18 judge for any proceeding or reject any individual
19 administrative law judge, except in accordance with the
20 provisions of this Article regarding disqualifications.
21 (g) The Office must develop and institute a program of
22 continuing education and training for administrative law
23 judges and may permit administrative law judges and hearing
24 examiners employed by other agencies to participate in its
25 program. The Office may develop and institute other
26 educational programs in the area of administrative law and
27 procedure for the benefit of State employees and those who
28 participate in administrative hearings.
29 (h) The Office must:
30 (1) annually collect information on administrative
31 law and procedure in Illinois and must study
32 administrative law and procedure for the purpose of
33 improving the fairness, efficiency, and uniformity of
34 administrative adjudicatory proceedings in Illinois;
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1 (2) monitor the quality and cost of State
2 administrative hearings; and
3 (3) annually report its findings and
4 recommendations to the Governor and to the General
5 Assembly no later than March 15 of each year.
6 (5 ILCS 100/12-30 new)
7 Sec. 12-30. Proceedings. An administrative law judge of
8 the Office must preside over any administrative hearing that
9 commences on or after January 1, 2000 by issuance of notice
10 pursuant to Section 10-25 and that is subject to the
11 provisions of this Article. Administrative hearings that are
12 subject to this Article include the following:
13 (1) any administrative hearing in a contested case
14 conducted by an agency subject to the provisions of this
15 Article; and
16 (2) any administrative hearing in a case for which
17 the Office has contracted to furnish administrative law
18 judges.
19 (5 ILCS 100/12-35 new)
20 Sec. 12-35. Administrative Hearing Procedures.
21 (a) Time and place of hearing. The Office must consult
22 the agency and determine the place and the time of
23 commencement of the administrative hearing.
24 (b) Powers of administrative law judge. The
25 administrative law judge presides at the administrative
26 hearing and may:
27 (1) administer oaths and affirmations;
28 (2) rule on offers of proof and receive relevant
29 evidence;
30 (3) regulate the schedule and the course of the
31 hearing;
32 (4) dispose of procedural requests or similar
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1 matters;
2 (5) sign and issue subpoenas in the name of the
3 agency requiring attendance and giving of testimony by
4 witnesses and the production of books, papers, and other
5 documentary evidence;
6 (6) exercise any other powers relating to the
7 conduct of the administrative hearing that are lawfully
8 delegated to him or her by the agency or by the
9 examining, advisory, or disciplinary board. Whenever,
10 after an agency head or an examining, advisory, or
11 disciplinary board has commenced hearing a case with an
12 administrative law judge presiding, a quorum no longer
13 exists, the administrate law judge who is presiding must
14 complete the hearing as if sitting alone and must render
15 a proposed decision in accordance with subsection (e) of
16 this Section; and
17 (7) perform other necessary and appropriate acts in
18 the performance of his or her duties.
19 (c) Disqualifications.
20 (1) An administrative law judge of the Office must
21 voluntarily disqualify himself or herself and withdraw
22 from any case for bias, prejudice, interest, or any other
23 cause for which, under the laws of this State, a State
24 court judge is disqualified from hearing a particular
25 case. An administrative law judge should perform the
26 duties of the Office impartially and diligently.
27 (2) Any party may petition for the disqualification
28 of any administrative law judge by filing an affidavit
29 stating with particularity the grounds upon which it is
30 claimed that a fair and impartial hearing cannot be
31 accorded. The affidavit must be filed before the taking
32 of evidence or, if evidence has already been taken,
33 promptly upon discovering facts establishing grounds for
34 disqualification.
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1 (3) The administrative law judge whose
2 disqualification is requested must determine whether to
3 grant the petition, stating facts and reasons for the
4 determination.
5 (4) If an administrative law judge becomes
6 unavailable as a result of recusal or any other reasons,
7 the Chief Administrative Law Judge must assign another
8 administrative law judge to preside at the administrative
9 hearing.
10 (d) Ex parte communications. Except in disposition of
11 matters that are authorized by law to be disposed of on an ex
12 parte basis, no administrative law judge of the Office may,
13 after notice of an administrative hearing in a contested
14 case, communicate, directly or indirectly, in connection with
15 any issue of fact, with any person or party, or in connection
16 with any other issue with any party or his or her
17 representative, without notice and opportunity for all
18 parties to participate. An administrative law judge,
19 however, may communicate with other employees of the Office.
20 No member of the Office may communicate regarding pending
21 matters to any member of an agency or of an examining,
22 advisory, or disciplinary board if the agency or board is
23 hearing the case with the administrative law judge. An
24 administrative law judge may have the aid and advice of one
25 or more assistants.
26 (e) Proposed decisions. When a majority of the members
27 of an agency or of an examining, advisory, or disciplinary
28 board has not heard a case with the administrative law judge,
29 any proposed decision prepared by an administrative law judge
30 of the Office is subject to this subsection (e) and Section
31 10-45 of this Act.
32 (1) When an administrative law judge hears a case
33 alone, he or she must prepare a proposed decision in a
34 form that may be adopted as the decision in the case.
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1 The administrative law judge must submit the proposed
2 decision to the agency or, in the case of proceedings
3 that an examining, advisory, or disciplinary board is
4 authorized by an Act to hear and make a recommended
5 decision, to the examining, advisory, or disciplinary
6 board.
7 (2) When an administrative law judge hears a case
8 with an agency head or with an examining, advisory, or
9 disciplinary board, the administrative law judge must be
10 present during the consideration of the case and must, if
11 requested by the agency or by the board, prepare a
12 proposed decision and submit it to the agency or board.
13 (3) In reviewing a proposed decision submitted by
14 an administrative law judge of the Office, an agency head
15 or an examining, advisory, or disciplinary board is not
16 bound by the proposed decision and may adopt all, some,
17 or none of the proposed decision as its recommended
18 decision. If the agency head or examining, advisory, or
19 disciplinary board does not adopt the proposed decision
20 in its entirety, it must either (i) recommend a decision
21 in the case based upon the record, including transcript,
22 or (ii) remand the case to the same administrative law
23 judge to take additional evidence.
24 (4) If a case has been remanded to an
25 administrative law judge to take additional evidence or
26 to include more detailed findings of fact or conclusions
27 of law, the administrative law judge must prepare a
28 proposed decision upon the additional evidence and upon
29 the transcript and other papers that are part of the
30 record of the prior hearing and must submit the proposed
31 decision to the agency or to the examining, advisory, or
32 disciplinary board. If the administrative law judge who
33 heard the case originally is unavailable to take the
34 additional evidence, by reason of illness or other
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1 disability or because he or she is no longer employed by
2 the Office, the Chief Administrative Law Judge must
3 assign a different administrative law judge to take the
4 additional evidence.
5 (5 ILCS 100/12-40 new)
6 Sec. 12-40. Transition.
7 (a) The Governor must appoint a Chief Administrative Law
8 Judge to take office on July 1, 1999.
9 (b) No later than July 1, 1999, each agency must provide
10 to the Chief Administrative Law Judge all relevant
11 information concerning hearings, number of hearings,
12 personnel used as hearing officers and support staff, and
13 actual expenditures for contracted hearing officer services,
14 equipment, and travel.
15 (c) All full-time administrative law judges used
16 principally to preside over administrative hearings conducted
17 by an agency subject to the provisions of this Act for at
18 least one year before July 1, 1999 must be administratively
19 transferred to the Office no later than January 1, 2000.
20 (d) All full-time employees who have principally served
21 as support staff of those employees transferred under
22 subsection (c) of this Section must be administratively
23 transferred to the Office no later than January 1, 2000.
24 (e) All equipment or other tangible property, in
25 possession of agencies, used or held principally by personnel
26 transferred under this Section must be transferred to the
27 Office not later than January 1, 2000, unless the head of the
28 agency and the Chief Administrative Law Judge determine that
29 the equipment or property will be more efficiently used by
30 the agency if not transferred.
31 Section 10. The Illinois Public Labor Relations Act is
32 amended by changing Section 3 as follows:
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1 (5 ILCS 315/3) (from Ch. 48, par. 1603)
2 Sec. 3. Definitions. As used in this Act, unless the
3 context otherwise requires:
4 (a) "Board" or "Governing Board" means either the
5 Illinois State Labor Relations Board or the Illinois Local
6 Labor Relations Board.
7 (b) "Collective bargaining" means bargaining over terms
8 and conditions of employment, including hours, wages, and
9 other conditions of employment, as detailed in Section 7 and
10 which are not excluded by Section 4.
11 (c) "Confidential employee" means an employee who, in
12 the regular course of his or her duties, assists and acts in
13 a confidential capacity to persons who formulate, determine,
14 and effectuate management policies with regard to labor
15 relations or who, in the regular course of his or her duties,
16 has authorized access to information relating to the
17 effectuation or review of the employer's collective
18 bargaining policies.
19 (d) "Craft employees" means skilled journeymen, crafts
20 persons, and their apprentices and helpers.
21 (e) "Essential services employees" means those public
22 employees performing functions so essential that the
23 interruption or termination of the function will constitute a
24 clear and present danger to the health and safety of the
25 persons in the affected community.
26 (f) "Exclusive representative", except with respect to
27 non-State fire fighters and paramedics employed by fire
28 departments and fire protection districts, non-State peace
29 officers, and peace officers in the Department of State
30 Police, means the labor organization that has been (i)
31 designated by the Board as the representative of a majority
32 of public employees in an appropriate bargaining unit in
33 accordance with the procedures contained in this Act, (ii)
34 historically recognized by the State of Illinois or any
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1 political subdivision of the State before July 1, 1984 (the
2 effective date of this Act) as the exclusive representative
3 of the employees in an appropriate bargaining unit, or (iii)
4 after July 1, 1984 (the effective date of this Act)
5 recognized by an employer upon evidence, acceptable to the
6 Board, that the labor organization has been designated as the
7 exclusive representative by a majority of the employees in an
8 appropriate bargaining unit.
9 With respect to non-State fire fighters and paramedics
10 employed by fire departments and fire protection districts,
11 non-State peace officers, and peace officers in the
12 Department of State Police, "exclusive representative" means
13 the labor organization that has been (i) designated by the
14 Board as the representative of a majority of peace officers
15 or fire fighters in an appropriate bargaining unit in
16 accordance with the procedures contained in this Act, (ii)
17 historically recognized by the State of Illinois or any
18 political subdivision of the State before January 1, 1986
19 (the effective date of this amendatory Act of 1985) as the
20 exclusive representative by a majority of the peace officers
21 or fire fighters in an appropriate bargaining unit, or (iii)
22 after January 1, 1986 (the effective date of this amendatory
23 Act of 1985) recognized by an employer upon evidence,
24 acceptable to the Board, that the labor organization has been
25 designated as the exclusive representative by a majority of
26 the peace officers or fire fighters in an appropriate
27 bargaining unit.
28 (g) "Fair share agreement" means an agreement between
29 the employer and an employee organization under which all or
30 any of the employees in a collective bargaining unit are
31 required to pay their proportionate share of the costs of the
32 collective bargaining process, contract administration, and
33 pursuing matters affecting wages, hours, and other conditions
34 of employment, but not to exceed the amount of dues uniformly
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1 required of members. The amount certified by the exclusive
2 representative shall not include any fees for contributions
3 related to the election or support of any candidate for
4 political office. Nothing in this subsection (g) shall
5 preclude an employee from making voluntary political
6 contributions in conjunction with his or her fair share
7 payment.
8 (g-1) "Fire fighter" means, for the purposes of this Act
9 only, any person who has been or is hereafter appointed to a
10 fire department or fire protection district or employed by a
11 state university and sworn or commissioned to perform fire
12 fighter duties or paramedic duties, except that the following
13 persons are not included: part-time fire fighters, auxiliary,
14 reserve or voluntary fire fighters, including paid on-call
15 fire fighters, clerks and dispatchers or other civilian
16 employees of a fire department or fire protection district
17 who are not routinely expected to perform fire fighter
18 duties, or elected officials.
19 (g-2) "General Assembly of the State of Illinois" means
20 the legislative branch of the government of the State of
21 Illinois, as provided for under Article IV of the
22 Constitution of the State of Illinois, and includes but is
23 not limited to the House of Representatives, the Senate, the
24 Speaker of the House of Representatives, the Minority Leader
25 of the House of Representatives, the President of the Senate,
26 the Minority Leader of the Senate, the Joint Committee on
27 Legislative Support Services and any legislative support
28 services agency listed in the Legislative Commission
29 Reorganization Act of 1984.
30 (h) "Governing body" means, in the case of the State,
31 the State Labor Relations Board, the Director of the
32 Department of Central Management Services, and the Director
33 of the Department of Labor; the county board in the case of a
34 county; the corporate authorities in the case of a
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1 municipality; and the appropriate body authorized to provide
2 for expenditures of its funds in the case of any other unit
3 of government.
4 (i) "Labor organization" means any organization in which
5 public employees participate and that exists for the purpose,
6 in whole or in part, of dealing with a public employer
7 concerning wages, hours, and other terms and conditions of
8 employment, including the settlement of grievances.
9 (j) "Managerial employee" means an individual who is
10 engaged predominantly in executive and management functions
11 and is charged with the responsibility of directing the
12 effectuation of management policies and practices.
13 (k) "Peace officer" means, for the purposes of this Act
14 only, any persons who have been or are hereafter appointed to
15 a police force, department, or agency and sworn or
16 commissioned to perform police duties, except that the
17 following persons are not included: part-time police
18 officers, special police officers, auxiliary police as
19 defined by Section 3.1-30-20 of the Illinois Municipal Code,
20 night watchmen, "merchant police", court security officers as
21 defined by Section 3-6012.1 of the Counties Code, temporary
22 employees, traffic guards or wardens, civilian parking meter
23 and parking facilities personnel or other individuals
24 specially appointed to aid or direct traffic at or near
25 schools or public functions or to aid in civil defense or
26 disaster, parking enforcement employees who are not
27 commissioned as peace officers and who are not armed and who
28 are not routinely expected to effect arrests, parking lot
29 attendants, clerks and dispatchers or other civilian
30 employees of a police department who are not routinely
31 expected to effect arrests, or elected officials.
32 (l) "Person" includes one or more individuals, labor
33 organizations, public employees, associations, corporations,
34 legal representatives, trustees, trustees in bankruptcy,
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1 receivers, or the State of Illinois or any political
2 subdivision of the State or governing body, but does not
3 include the General Assembly of the State of Illinois or any
4 individual employed by the General Assembly of the State of
5 Illinois.
6 (m) "Professional employee" means any employee engaged
7 in work predominantly intellectual and varied in character
8 rather than routine mental, manual, mechanical or physical
9 work; involving the consistent exercise of discretion and
10 adjustment in its performance; of such a character that the
11 output produced or the result accomplished cannot be
12 standardized in relation to a given period of time; and
13 requiring advanced knowledge in a field of science or
14 learning customarily acquired by a prolonged course of
15 specialized intellectual instruction and study in an
16 institution of higher learning or a hospital, as
17 distinguished from a general academic education or from
18 apprenticeship or from training in the performance of routine
19 mental, manual, or physical processes; or any employee who
20 has completed the courses of specialized intellectual
21 instruction and study prescribed in this subsection (m) and
22 is performing related work under the supervision of a
23 professional person to qualify to become a professional
24 employee as defined in this subsection (m).
25 (n) "Public employee" or "employee", for the purposes of
26 this Act, means any individual employed by a public employer,
27 including interns and residents at public hospitals, but
28 excluding all of the following: employees of the General
29 Assembly of the State of Illinois; elected officials;
30 executive heads of a department; members of boards or
31 commissions; employees of any agency, board or commission
32 created by this Act; employees appointed to State positions
33 of a temporary or emergency nature; all employees of school
34 districts and higher education institutions except
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1 firefighters and peace officers employed by a State
2 university; managerial employees; short-term employees;
3 confidential employees; independent contractors;
4 administrative law judges employed by the Office of
5 Administrative Hearings; and supervisors except as provided
6 in this Act.
7 Notwithstanding Section 9, subsection (c), or any other
8 provisions of this Act, all peace officers above the rank of
9 captain in municipalities with more than 1,000,000
10 inhabitants shall be excluded from this Act.
11 (o) "Public employer" or "employer" means the State of
12 Illinois; any political subdivision of the State, unit of
13 local government or school district; authorities including
14 departments, divisions, bureaus, boards, commissions, or
15 other agencies of the foregoing entities; and any person
16 acting within the scope of his or her authority, express or
17 implied, on behalf of those entities in dealing with its
18 employees. "Public employer" or "employer" as used in this
19 Act, however, does not mean and shall not include the General
20 Assembly of the State of Illinois and educational employers
21 or employers as defined in the Illinois Educational Labor
22 Relations Act, except with respect to a state university in
23 its employment of firefighters and peace officers. County
24 boards and county sheriffs shall be designated as joint or
25 co-employers of county peace officers appointed under the
26 authority of a county sheriff. Nothing in this subsection
27 (o) shall be construed to prevent the State Board or the
28 Local Board from determining that employers are joint or
29 co-employers.
30 (p) "Security employee" means an employee who is
31 responsible for the supervision and control of inmates at
32 correctional facilities. The term also includes other
33 non-security employees in bargaining units having the
34 majority of employees being responsible for the supervision
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1 and control of inmates at correctional facilities.
2 (q) "Short-term employee" means an employee who is
3 employed for less than 2 consecutive calendar quarters during
4 a calendar year and who does not have a reasonable assurance
5 that he or she will be rehired by the same employer for the
6 same service in a subsequent calendar year.
7 (r) "Supervisor" is an employee whose principal work is
8 substantially different from that of his or her subordinates
9 and who has authority, in the interest of the employer, to
10 hire, transfer, suspend, lay off, recall, promote, discharge,
11 direct, reward, or discipline employees, to adjust their
12 grievances, or to effectively recommend any of those actions,
13 if the exercise of that authority is not of a merely routine
14 or clerical nature, but requires the consistent use of
15 independent judgment. Except with respect to police
16 employment, the term "supervisor" includes only those
17 individuals who devote a preponderance of their employment
18 time to exercising that authority, State supervisors
19 notwithstanding. In addition, in determining supervisory
20 status in police employment, rank shall not be determinative.
21 The Board shall consider, as evidence of bargaining unit
22 inclusion or exclusion, the common law enforcement policies
23 and relationships between police officer ranks and
24 certification under applicable civil service law, ordinances,
25 personnel codes, or Division 2.1 of Article 10 of the
26 Illinois Municipal Code, but these factors shall not be the
27 sole or predominant factors considered by the Board in
28 determining police supervisory status.
29 Notwithstanding the provisions of the preceding
30 paragraph, in determining supervisory status in fire fighter
31 employment, no fire fighter shall be excluded as a supervisor
32 who has established representation rights under Section 9 of
33 this Act. Further, in new fire fighter units, employees
34 shall consist of fire fighters of the rank of company officer
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1 and below. If a company officer otherwise qualifies as a
2 supervisor under the preceding paragraph, however, he or she
3 shall not be included in the fire fighter unit. If there is
4 no rank between that of chief and the highest company
5 officer, the employer may designate a position on each shift
6 as a Shift Commander, and the persons occupying those
7 positions shall be supervisors. All other ranks above that
8 of company officer shall be supervisors.
9 (s) (1) "Unit" means a class of jobs or positions that
10 are held by employees whose collective interests may
11 suitably be represented by a labor organization for
12 collective bargaining. Except with respect to non-State
13 fire fighters and paramedics employed by fire departments
14 and fire protection districts, non-State peace officers,
15 and peace officers in the Department of State Police, a
16 bargaining unit determined by the Board shall not include
17 both employees and supervisors, or supervisors only,
18 except as provided in paragraph (2) of this subsection
19 (s) and except for bargaining units in existence on July
20 1, 1984 (the effective date of this Act). With respect
21 to non-State fire fighters and paramedics employed by
22 fire departments and fire protection districts, non-State
23 peace officers, and peace officers in the Department of
24 State Police, a bargaining unit determined by the Board
25 shall not include both supervisors and nonsupervisors, or
26 supervisors only, except as provided in paragraph (2) of
27 this subsection (s) and except for bargaining units in
28 existence on January 1, 1986 (the effective date of this
29 amendatory Act of 1985). A bargaining unit determined by
30 the Board to contain peace officers shall contain no
31 employees other than peace officers unless otherwise
32 agreed to by the employer and the labor organization or
33 labor organizations involved. Notwithstanding any other
34 provision of this Act, a bargaining unit, including a
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1 historical bargaining unit, containing sworn peace
2 officers of the Department of Natural Resources (formerly
3 designated the Department of Conservation) shall contain
4 no employees other than such sworn peace officers upon
5 the effective date of this amendatory Act of 1990 or upon
6 the expiration date of any collective bargaining
7 agreement in effect upon the effective date of this
8 amendatory Act of 1990 covering both such sworn peace
9 officers and other employees.
10 (2) Notwithstanding the exclusion of supervisors
11 from bargaining units as provided in paragraph (1) of
12 this subsection (s), a public employer may agree to
13 permit its supervisory employees to form bargaining units
14 and may bargain with those units. This Act shall apply
15 if the public employer chooses to bargain under this
16 subsection.
17 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
18 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
19 6-1-97; 90-14, eff. 7-1-97; 90-655, eff. 7-30-98.)
20 Section 15. The Personnel Code is amended by changing
21 Section 4c as follows:
22 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
23 Sec. 4c. General exemptions. The following positions in
24 State service shall be exempt from jurisdictions A, B, and C,
25 unless the jurisdictions shall be extended as provided in
26 this Act:
27 (1) All officers elected by the people.
28 (2) All positions under the Lieutenant Governor,
29 Secretary of State, State Treasurer, State Comptroller,
30 State Board of Education, Clerk of the Supreme Court, and
31 Attorney General.
32 (3) Judges, and officers and employees of the
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1 courts, and notaries public.
2 (4) All officers and employees of the Illinois
3 General Assembly, all employees of legislative
4 commissions, all officers and employees of the Illinois
5 Legislative Reference Bureau, the Legislative Research
6 Unit, and the Legislative Printing Unit.
7 (5) All positions in the Illinois National Guard
8 and Illinois State Guard, paid from federal funds or
9 positions in the State Military Service filled by
10 enlistment and paid from State funds.
11 (6) All employees of the Governor at the executive
12 mansion and on his immediate personal staff.
13 (7) Directors of Departments, the Adjutant General,
14 the Assistant Adjutant General, the Director of the
15 Illinois Emergency Management Agency, members of boards
16 and commissions, and all other positions appointed by
17 the Governor by and with the consent of the Senate.
18 (8) The presidents, other principal administrative
19 officers, and teaching, research and extension faculties
20 of Chicago State University, Eastern Illinois University,
21 Governors State University, Illinois State University,
22 Northeastern Illinois University, Northern Illinois
23 University, Western Illinois University, the Illinois
24 Community College Board, Southern Illinois University,
25 Illinois Board of Higher Education, University of
26 Illinois, State Universities Civil Service System,
27 University Retirement System of Illinois, and the
28 administrative officers and scientific and technical
29 staff of the Illinois State Museum.
30 (9) All other employees except the presidents,
31 other principal administrative officers, and teaching,
32 research and extension faculties of the universities
33 under the jurisdiction of the Board of Regents and the
34 colleges and universities under the jurisdiction of the
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1 Board of Governors of State Colleges and Universities,
2 Illinois Community College Board, Southern Illinois
3 University, Illinois Board of Higher Education, Board of
4 Governors of State Colleges and Universities, the Board
5 of Regents, University of Illinois, State Universities
6 Civil Service System, University Retirement System of
7 Illinois, so long as these are subject to the provisions
8 of the State Universities Civil Service Act.
9 (10) The State Police so long as they are subject
10 to the merit provisions of the State Police Act.
11 (11) The scientific staff of the State Scientific
12 Surveys and the Waste Management and Research Center.
13 (12) The technical and engineering staffs of the
14 Department of Transportation, the Department of Nuclear
15 Safety and the Illinois Commerce Commission, and the
16 technical and engineering staff providing architectural
17 and engineering services in the Department of Central
18 Management Services.
19 (13) All employees of the Illinois State Toll
20 Highway Commission.
21 (14) The Secretary of the Industrial Commission.
22 (15) All persons who are appointed or employed by
23 the Director of Insurance under authority of Section 202
24 of the Illinois Insurance Code to assist the Director of
25 Insurance in discharging his responsibilities relating to
26 the rehabilitation, liquidation, conservation, and
27 dissolution of companies that are subject to the
28 jurisdiction of the Illinois Insurance Code.
29 (16) All employees of the St. Louis Metropolitan
30 Area Airport Authority.
31 (17) All investment officers employed by the
32 Illinois State Board of Investment.
33 (18) Employees of the Illinois Young Adult
34 Conservation Corps program, administered by the Illinois
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1 Department of Natural Resources, authorized grantee under
2 Title VIII of the Comprehensive Employment and Training
3 Act of 1973, 29 USC 993.
4 (19) Seasonal employees of the Department of
5 Agriculture for the operation of the Illinois State Fair
6 and the DuQuoin State Fair, no one person receiving more
7 than 29 days of such employment in any calendar year.
8 (20) All "temporary" employees hired under the
9 Department of Natural Resources' Illinois Conservation
10 Service, a youth employment program that hires young
11 people to work in State parks for a period of one year or
12 less.
13 (21) All hearing officers of the Human Rights
14 Commission.
15 (22) All employees of the Illinois Mathematics and
16 Science Academy.
17 (23) All employees of the Kankakee River Valley
18 Area Airport Authority.
19 (24) All employees of the Office of Administrative
20 Hearings.
21 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
22 eff. 8-17-97.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 100/10-20 from Ch. 127, par. 1010-20
4 5 ILCS 100/10-30 from Ch. 127, par. 1010-30
5 5 ILCS 100/Art. 12 heading new
6 5 ILCS 100/12-5 new
7 5 ILCS 100/12-10 new
8 5 ILCS 100/12-15 new
9 5 ILCS 100/12-20 new
10 5 ILCS 100/12-25 new
11 5 ILCS 100/12-30 new
12 5 ILCS 100/12-35 new
13 5 ILCS 100/12-40 new
14 5 ILCS 315/3 from Ch. 48, par. 1603
15 20 ILCS 415/4c from Ch. 127, par. 63b104c