SB3777 97TH GENERAL ASSEMBLY

LRB097 20438 JDS 65932 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3777

Introduced 2/10/2012, by Sen. William E. Brady

SYNOPSIS AS INTRODUCED:

5 ILCS 315/21.1 new
20 ILCS 415/9	from Ch. 127, par. 63b109

Amends the Illinois Public Labor Relations Act. Requires any collective bargaining agreement or supplemental agreement entered into, amended, or renewed, on or after the effective date of the amendatory Act, by the Governor, or any 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, to file each agreement with the Clerk of the House of Representatives and the Secretary of the Senate. Authorizes the General Assembly, by joint resolution, to approve each agreement as a whole or to reject each agreement as a whole. Provides that an agreement shall be deemed approved if a public hearing concerning the agreement has been held and the General Assembly fails to vote to approve or reject the agreement within 30 calendar days after filing or submittal, as applicable. Sets forth other procedural requirements. Provides for the repeal of these provisions on January 13, 2015. Makes conforming changes in the Personnel Code. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Labor Relations Act is amended by adding Section 21.1 as follows:

(5 ILCS 315/21.1 new)

Sec. 21.1. General Assembly approval of collective bargaining agreements with State employee unions. Any collective bargaining agreement entered into, amended, or renewed, on or after the effective date of this amendatory Act of the 97th General Assembly, by the Governor, or any agency, bureau, department, division, or office under the jurisdiction of the Governor, and a labor organization that represents State employees must be reduced to writing. The agreement, together with a request for funds necessary to fully implement the agreement and for approval of provisions of the agreement that are in conflict with a statute or a rule of a State agency or department, shall be filed by the Governor, or his or her designee, with the Clerk of the House of Representatives and the Secretary of the Senate within 10 calendar days after the date on which the agreement is reached. By joint resolution, the General Assembly may approve an agreement as a whole or reject an agreement as a whole. If rejected, the matter shall be returned to the parties for further bargaining. Once approved by joint resolution of the General Assembly, any provision of an agreement need not be resubmitted by the parties to the agreement as part of a future contract approval process, unless changes in the language of the provision are negotiated by the parties. Any supplemental understanding reached between the parties containing provisions that would supersede any statute or rule of a State agency or department, or that would require additional State funding shall be submitted to the Clerk of the House of Representatives and the Secretary of the Senate and shall be approved by the General Assembly in the same manner as an agreement. If the General Assembly is in session when an agreement is filed, the General Assembly shall, within 30 calendar days after the date of filing, vote to approve or reject the agreement and hold at least one public hearing concerning the agreement. If the General Assembly is not in session when an agreement is filed, the agreement shall be submitted to the Clerk of the House of Representatives and the Secretary of the Senate within 10 calendar days after the first day of the next regular session or special session called for that purpose, and a public hearing concerning the agreement shall be held within 30 calendar days after the agreement is submitted. The agreement shall be deemed approved if a public hearing concerning the agreement has been held and the General Assembly fails to vote to approve or reject the agreement within 30 calendar days after filing or submittal, as applicable. However, the 30-calendar-day period shall not begin or expire unless the General Assembly is in regular session and shall not expire until the requisite public hearing has been held. For the purpose of this Section, any agreement filed with the Clerk of the House of Representatives or Secretary of the Senate within 30 calendar days before the commencement of a regular session of the General Assembly shall be deemed to be filed on the first day of that session. This Section is repealed on January 13, 2015.

Section 10. The Personnel Code is amended by changing Section 9 as follows:

(20 ILCS 415/9) (from Ch. 127, par. 63b109)

Sec. 9. Director, powers and duties. The Director, as executive head of the Department, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed upon him elsewhere in this law, it shall be his duty:

(1) To apply and carry out this law and the rules adopted thereunder.

(2) To attend meetings of the Commission.

(3) To establish and maintain a roster of all employees subject to this Act, in which there shall be set forth, as to each employee, the class, title, pay, status, and other pertinent data.

(4) To appoint, subject to the provisions of this Act, such employees of the Department and such experts and special assistants as may be necessary to carry out effectively this law.

(5) Subject to such exemptions or modifications as may be necessary to assure the continuity of federal contributions in those agencies supported in whole or in part by federal funds, to make appointments to vacancies; to approve all written charges seeking discharge, demotion, or other disciplinary measures provided in this Act and to approve transfers of employees from one geographical area to another in the State, in offices, positions or places of employment covered by this Act, after consultation with the operating unit.

(6) To formulate and administer service wide policies and programs for the improvement of employee effectiveness, including training, safety, health, incentive recognition, counseling, welfare and employee relations. The Department shall formulate and administer recruitment plans and testing of potential employees for agencies having direct contact with significant numbers of non-English speaking or otherwise culturally distinct persons. The Department shall require each State agency to annually assess the need for employees with appropriate bilingual capabilities to serve the significant numbers of non-English speaking or culturally distinct persons. The Department shall develop a uniform procedure for assessing an agency's need for employees with appropriate bilingual capabilities. Agencies shall establish occupational titles or designate positions as "bilingual option" for persons having sufficient linguistic ability or cultural knowledge to be able to render effective service to such persons. The Department shall ensure that any such option is exercised according to the agency's needs assessment and the requirements of this Code. The Department shall make annual reports of the needs assessment of each agency and the number of positions calling for non-English linguistic ability to whom vacancy postings were sent, and the number filled by each agency. Such policies and programs shall be subject to approval by the Governor. Such policies, program reports and needs assessment reports shall be filed with the General Assembly by January 1 of each year and shall be available to the public.

The Department shall include within the report required above the number of persons receiving the bilingual pay supplement established by Section 8a.2 of this Code. The report shall provide the number of persons receiving the bilingual pay supplement for languages other than English and for signing. The report shall also indicate the number of persons, by the categories of Hispanic and non-Hispanic, who are receiving the bilingual pay supplement for language skills other than signing, in a language other than English.

(7) Subject to the requirements of Section 21.1 of the Illinois Public Labor Relations Act, to To conduct negotiations affecting pay, hours of work, or other working conditions of employees subject to this Act.

(8) To make continuing studies to improve the efficiency of State services to the residents of Illinois, including but not limited to those who are non-English speaking or culturally distinct, and to report his findings and recommendations to the Commission and the Governor.

(9) To investigate from time to time the operation and effect of this law and the rules made thereunder and to report his findings and recommendations to the Commission and to the Governor.

(10) To make an annual report regarding the work of the Department, and such special reports as he may consider desirable, to the Commission and to the Governor, or as the Governor or Commission may request.

(11) To conduct research and planning regarding the total manpower needs of all offices, including the Lieutenant Governor, Secretary of State, State Treasurer, State Comptroller, State Superintendent of Education, and Attorney General, and of all departments, agencies, boards, and commissions of the executive branch, except state-supported colleges and universities, and for that purpose to prescribe forms for the reporting of such personnel information as the department may request both for positions covered by this Act and for those exempt in whole or in part.

(12) To prepare and publish a semi-annual statement showing the number of employees exempt and non-exempt from merit selection in each department. This report shall be in addition to other information on merit selection maintained for public information under existing law.

(13) To authorize in every department or agency subject to Jurisdiction C the use of flexible hours positions. A flexible hours position is one that does not require an ordinary work schedule as determined by the Department and includes but is not limited to: 1) a part time job of 20 hours or more per week, 2) a job which is shared by 2 employees or a compressed work week consisting of an ordinary number of working hours performed on fewer than the number of days ordinarily required to perform that job. The Department may define flexible time to include other types of jobs that are defined above.

The Director and the director of each department or agency shall together establish goals for flexible hours positions to be available in every department or agency.

The Department shall give technical assistance to departments and agencies in achieving their goals, and shall report to the Governor and the General Assembly each year on the progress of each department and agency.

When a goal of 10% of the positions in a department or agency being available on a flexible hours basis has been reached, the Department shall evaluate the effectiveness and efficiency of the program and determine whether to expand the number of positions available for flexible hours to 20%.

When a goal of 20% of the positions in a department or agency being available on a flexible hours basis has been reached, the Department shall evaluate the effectiveness and efficiency of the program and determine whether to expand the number of positions available for flexible hours.

Each department shall develop a plan for implementation of flexible work requirements designed to reduce the need for day care of employees' children outside the home. Each department shall submit a report of its plan to the Department of Central Management Services and the General Assembly. This report shall be submitted biennially by March 1, with the first report due March 1, 1993.

(14) To perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this law.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 86-1004; 87-552; 87-1050.)

Section 99. Effective date. This Act takes effect upon becoming law.