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Rep. Jack D. Franks
Filed: 5/7/2009
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| AMENDMENT TO SENATE BILL 1602
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| AMENDMENT NO. ______. Amend Senate Bill 1602 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the State |
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| Facility Overtime Act.
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| Section 5. Definitions.
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| "State facility" includes all Department of Human Services |
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| operated residential facilities including State mental health |
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| hospitals, State developmental centers, treatment and |
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| detention facilities for sexually violent persons, and State |
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| residential schools for the deaf and visually impaired; all |
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| Department of Veterans Affairs operated homes; all Department |
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| of Corrections operated correctional centers, work camps, boot |
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| camps, and adult transition centers; all Department of Juvenile |
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| Justice operated youth centers and boot camps; and any other |
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| State facility under the jurisdiction of these State agencies |
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| that operates on a 24-hour basis.
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| "Mandatory overtime" means work in excess of an agreed |
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| upon, predetermined, and regularly scheduled daily work shift, |
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| not to exceed 60 hours per week, assigned to an employee |
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| without the employee's consent. |
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| "Employee" means an individual employed by a State facility |
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| who is covered by a collective bargaining agreement.
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| "Director" means the Director, or designee of the Director, |
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| of the State agency responsible for the operation of the State |
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| facility or his or her agent. |
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| "Department" means the Department of Labor and its agents.
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| Section 10. Legislative intent. The General Assembly finds |
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| that years of staff cuts necessitated by insufficient revenues |
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| at State facilities such as prisons, developmental and mental |
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| health centers, youth centers, and veterans homes have created |
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| deplorable working conditions including excessive overtime. |
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| Many State facilities routinely use mandatory overtime to cover |
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| staff vacancies. This is frequently on top of work schedules |
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| that are already in excess of 40 hours per week. Excessive |
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| overtime is driving many dedicated employees out of State |
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| service, exacerbating the short staffing crisis. This impacts |
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| employee health, welfare, and safety, as well as the ability of |
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| staff to deliver necessary services.
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| Section 15. Mandatory overtime. A Director may require |
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| mandatory overtime.
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| Section 20. Exceptions.
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| (a) An employee may choose to work more than 60 hours per |
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| week voluntarily and the refusal of any employee to accept such |
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| overtime work shall not be grounds for discrimination, |
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| dismissal, discharge, or any other penalty or employment |
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| decision adverse to the employee. |
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| (b) This Act shall not apply in the event of any declared |
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| national or State emergency or a disaster or other event that |
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| in the Director's judgment substantially affects or increases |
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| the need for State services.
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| Section 25. Posting of Act and rules. Every Director |
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| subject to any provision of this Act or any rules issued under |
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| this Act may keep a summary of this Act approved by the |
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| Department, and copies of any applicable rules issued under |
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| this Act, or a summary of those rules, posted in a conspicuous |
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| and accessible place in or about the premises wherever any |
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| person subject to this Act is employed.
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| Section 30. Investigation and enforcement. An employee or |
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| the employee's collective bargaining representative may bring |
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| a complaint to the Illinois Department of Labor if the employee |
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| believes that the employee's Director is in violation of this |
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| Act. The Department may conduct an investigation of the |
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| complaint. When an investigation results in a finding that the |
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| employee suffered discrimination, dismissal, discharge, or any |
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| other penalty or employment decision adverse to the employee as |
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| a result of refusing overtime, the Department has the authority |
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| to make that employee whole. The Department may adopt |
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| administrative rules it deems appropriate to carry out the |
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| purposes of this Act.
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| Section 35. Construction and applicability. Only to the |
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| extent consistent with federal law, this Act shall be construed |
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| to impair or negate the ability of collective bargaining |
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| representatives of employees subject to this Act from |
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| negotiating procedures and remedies that provide to those |
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| covered employees rights that are additional to those in this |
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| Act.
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| Section 40. Provisions. The provisions of this Act apply |
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| notwithstanding any other provision of law to the contrary.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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