Bill Amendment: IL HB0126 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GOVERNMENT-TECH
Status: 2018-11-30 - Public Act . . . . . . . . . 100-1131 [HB0126 Detail]
Download: Illinois-2017-HB0126-House_Amendment_001.html
Bill Title: GOVERNMENT-TECH
Status: 2018-11-30 - Public Act . . . . . . . . . 100-1131 [HB0126 Detail]
Download: Illinois-2017-HB0126-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 126
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2 | AMENDMENT NO. ______. Amend House Bill 126 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Section 3 as follows:
| ||||||
6 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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7 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
8 | context
otherwise requires:
| ||||||
9 | (a) "Board" means the Illinois
Labor Relations Board or, | ||||||
10 | with respect to a matter over which the
jurisdiction of the | ||||||
11 | Board is assigned to the State Panel or the Local Panel
under | ||||||
12 | Section 5, the panel having jurisdiction over the matter.
| ||||||
13 | (b) "Collective bargaining" means bargaining over terms | ||||||
14 | and conditions
of employment, including hours, wages, and other | ||||||
15 | conditions of employment,
as detailed in Section 7 and which | ||||||
16 | are not excluded by Section 4.
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1 | (c) "Confidential employee" means an employee who, in the | ||||||
2 | regular course
of his or her duties, assists and acts in a | ||||||
3 | confidential capacity to persons
who formulate, determine, and | ||||||
4 | effectuate management policies with regard
to labor relations | ||||||
5 | or who, in the regular course of his or her duties, has
| ||||||
6 | authorized access to information relating to the effectuation
| ||||||
7 | or review of the employer's collective bargaining policies.
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8 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
9 | persons, and their
apprentices and helpers.
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10 | (e) "Essential services employees" means those public | ||||||
11 | employees
performing functions so essential that the | ||||||
12 | interruption or termination of
the function will constitute a | ||||||
13 | clear and present danger to the health and
safety of the | ||||||
14 | persons in the affected community.
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15 | (f) "Exclusive representative", except with respect to | ||||||
16 | non-State fire
fighters and paramedics employed by fire | ||||||
17 | departments and fire protection
districts, non-State peace | ||||||
18 | officers, and peace officers in the
Department of State Police, | ||||||
19 | means the labor organization that has
been (i) designated by | ||||||
20 | the Board as the representative of a majority of public
| ||||||
21 | employees in an appropriate bargaining unit in accordance with | ||||||
22 | the procedures
contained in this Act, (ii) historically
| ||||||
23 | recognized by the State of Illinois or
any political | ||||||
24 | subdivision of the State before July 1, 1984
(the effective | ||||||
25 | date of this
Act) as the exclusive representative of the | ||||||
26 | employees in an appropriate
bargaining unit, (iii) after July |
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| |||||||
1 | 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
2 | employer upon evidence, acceptable to the Board, that the labor
| ||||||
3 | organization has been designated as the exclusive | ||||||
4 | representative by a
majority of the employees in an appropriate | ||||||
5 | bargaining unit;
(iv) recognized as the exclusive | ||||||
6 | representative of personal
assistants under Executive Order | ||||||
7 | 2003-8 prior to the effective date of this
amendatory
Act of | ||||||
8 | the 93rd General Assembly, and the organization shall be | ||||||
9 | considered to
be the
exclusive representative of the personal | ||||||
10 | assistants
as defined
in this Section; or (v) recognized as the | ||||||
11 | exclusive representative of child and day care home providers, | ||||||
12 | including licensed and license exempt providers, pursuant to an | ||||||
13 | election held under Executive Order 2005-1 prior to the | ||||||
14 | effective date of this amendatory Act of the 94th General | ||||||
15 | Assembly, and the organization shall be considered to be the | ||||||
16 | exclusive representative of the child and day care home | ||||||
17 | providers as defined in this Section.
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18 | With respect to non-State fire fighters and paramedics | ||||||
19 | employed by fire
departments and fire protection districts, | ||||||
20 | non-State peace officers, and
peace officers in the Department | ||||||
21 | of State Police,
"exclusive representative" means the labor | ||||||
22 | organization that has
been (i) designated by the Board as the | ||||||
23 | representative of a majority of peace
officers or fire fighters | ||||||
24 | in an appropriate bargaining unit in accordance
with the | ||||||
25 | procedures contained in this Act, (ii)
historically recognized
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26 | by the State of Illinois or any political subdivision of the |
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| |||||||
1 | State before
January 1, 1986 (the effective date of this | ||||||
2 | amendatory Act of 1985) as the exclusive
representative by a | ||||||
3 | majority of the peace officers or fire fighters in an
| ||||||
4 | appropriate bargaining unit, or (iii) after January 1,
1986 | ||||||
5 | (the effective date of this amendatory
Act of 1985) recognized | ||||||
6 | by an employer upon evidence, acceptable to the
Board, that the | ||||||
7 | labor organization has been designated as the exclusive
| ||||||
8 | representative by a majority of the peace officers or fire | ||||||
9 | fighters in an
appropriate bargaining unit.
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10 | Where a historical pattern of representation exists for the | ||||||
11 | workers of a water system that was owned by a public utility, | ||||||
12 | as defined in Section 3-105 of the Public Utilities Act, prior | ||||||
13 | to becoming certified employees of a municipality or | ||||||
14 | municipalities once the municipality or municipalities have | ||||||
15 | acquired the water system as authorized in Section 11-124-5 of | ||||||
16 | the Illinois Municipal Code, the Board shall find the labor | ||||||
17 | organization that has historically represented the workers to | ||||||
18 | be the exclusive representative under this Act, and shall find | ||||||
19 | the unit represented by the exclusive representative to be the | ||||||
20 | appropriate unit. | ||||||
21 | (g) "Fair share agreement" means an agreement between the | ||||||
22 | employer and
an employee organization under which all or any of | ||||||
23 | the employees in a
collective bargaining unit are required to | ||||||
24 | pay their proportionate share of
the costs of the collective | ||||||
25 | bargaining process, contract administration, and
pursuing | ||||||
26 | matters affecting wages, hours, and other conditions of |
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| |||||||
1 | employment,
but not to exceed the amount of dues uniformly | ||||||
2 | required of members. The
amount certified by the exclusive | ||||||
3 | representative shall not include any fees
for contributions | ||||||
4 | related to the election or support of any candidate for
| ||||||
5 | political office. Nothing in this subsection (g) shall
preclude | ||||||
6 | an employee from making
voluntary political contributions in | ||||||
7 | conjunction with his or her fair share
payment.
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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 , including paramedics | ||||||
13 | employed by a unit of local government , except that the
| ||||||
14 | following persons are not included: part-time fire fighters,
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15 | auxiliary, reserve or voluntary fire fighters, including paid | ||||||
16 | on-call fire
fighters, clerks and dispatchers or other civilian | ||||||
17 | employees of a fire
department or fire protection district who | ||||||
18 | are not routinely expected to
perform fire fighter duties, or | ||||||
19 | elected officials.
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20 | (g-2) "General Assembly of the State of Illinois" means the
| ||||||
21 | legislative branch of the government of the State of Illinois, | ||||||
22 | as provided
for under Article IV of the Constitution of the | ||||||
23 | State of Illinois, and
includes but is not limited to the House | ||||||
24 | of Representatives, the Senate,
the Speaker of the House of | ||||||
25 | Representatives, the Minority Leader of the
House of | ||||||
26 | Representatives, the President of the Senate, the Minority |
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| |||||||
1 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
2 | Support Services and any
legislative support services agency | ||||||
3 | listed in the Legislative Commission
Reorganization Act of | ||||||
4 | 1984.
| ||||||
5 | (h) "Governing body" means, in the case of the State, the | ||||||
6 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
7 | of the Department of Central
Management Services, and the | ||||||
8 | Director of the Department of Labor; the county
board in the | ||||||
9 | case of a county; the corporate authorities in the case of a
| ||||||
10 | municipality; and the appropriate body authorized to provide | ||||||
11 | for expenditures
of its funds in the case of any other unit of | ||||||
12 | government.
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13 | (i) "Labor organization" means any organization in which | ||||||
14 | public employees
participate and that exists for the purpose, | ||||||
15 | in whole or in part, of dealing
with a public employer | ||||||
16 | concerning wages, hours, and other terms and conditions
of | ||||||
17 | employment, including the settlement of grievances.
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18 | (i-5) "Legislative liaison" means a person who is an | ||||||
19 | employee of a State agency, the Attorney General, the Secretary | ||||||
20 | of State, the Comptroller, or the Treasurer, as the case may | ||||||
21 | be, and whose job duties require the person to regularly | ||||||
22 | communicate in the course of his or her employment with any | ||||||
23 | official or staff of the General Assembly of the State of | ||||||
24 | Illinois for the purpose of influencing any legislative action. | ||||||
25 | (j) "Managerial employee" means an individual who is | ||||||
26 | engaged
predominantly in executive and management functions |
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1 | and is charged with the
responsibility of directing the | ||||||
2 | effectuation of management policies
and practices. With | ||||||
3 | respect only to State employees in positions under the | ||||||
4 | jurisdiction of the Attorney General, Secretary of State, | ||||||
5 | Comptroller, or Treasurer (i) that were certified in a | ||||||
6 | bargaining unit on or after December 2, 2008, (ii) for which a | ||||||
7 | petition is filed with the Illinois Public Labor Relations | ||||||
8 | Board on or after April 5, 2013 (the effective date of Public | ||||||
9 | Act 97-1172), or (iii) for which a petition is pending before | ||||||
10 | the Illinois Public Labor Relations Board on that date, | ||||||
11 | "managerial employee" means an individual who is engaged in | ||||||
12 | executive and management functions or who is charged with the | ||||||
13 | effectuation of management policies and practices or who | ||||||
14 | represents management interests by taking or recommending | ||||||
15 | discretionary actions that effectively control or implement | ||||||
16 | policy. Nothing in this definition prohibits an individual from | ||||||
17 | also meeting the definition of "supervisor" under subsection | ||||||
18 | (r) of this Section.
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19 | (k) "Peace officer" means, for the purposes of this Act | ||||||
20 | only, any
persons who have been or are hereafter appointed to a | ||||||
21 | police force,
department, or agency and sworn or commissioned | ||||||
22 | to perform police duties,
except that the following persons are | ||||||
23 | not
included: part-time police
officers, special police | ||||||
24 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
25 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
26 | police",
court security officers as defined by Section 3-6012.1 |
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| |||||||
1 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
2 | wardens, civilian parking meter and
parking facilities | ||||||
3 | personnel or other individuals specially appointed to
aid or | ||||||
4 | direct traffic at or near schools or public functions or to aid | ||||||
5 | in
civil defense or disaster, parking enforcement employees who | ||||||
6 | are not
commissioned as peace officers and who are not armed | ||||||
7 | and who are not
routinely expected to effect arrests, parking | ||||||
8 | lot attendants, clerks and
dispatchers or other civilian | ||||||
9 | employees of a police department who are not
routinely expected | ||||||
10 | to effect arrests, or elected officials.
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11 | (l) "Person" includes one or more individuals, labor | ||||||
12 | organizations, public
employees, associations, corporations, | ||||||
13 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
14 | receivers, or the State of Illinois or any political
| ||||||
15 | subdivision of the State or governing body, but does not | ||||||
16 | include the General
Assembly of the State of Illinois or any | ||||||
17 | individual employed by the General
Assembly of the State of | ||||||
18 | Illinois.
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19 | (m) "Professional employee" means any employee engaged in | ||||||
20 | work predominantly
intellectual and varied in character rather | ||||||
21 | than routine mental, manual,
mechanical or physical work; | ||||||
22 | involving the consistent exercise of discretion
and adjustment | ||||||
23 | in its performance; of such a character that the output | ||||||
24 | produced
or the result accomplished cannot be standardized in | ||||||
25 | relation to a given
period of time; and requiring advanced | ||||||
26 | knowledge in a field of science or
learning customarily |
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1 | acquired by a prolonged course of specialized intellectual
| ||||||
2 | instruction and study in an institution of higher learning or a | ||||||
3 | hospital,
as distinguished from a general academic education or | ||||||
4 | from apprenticeship
or from training in the performance of | ||||||
5 | routine mental, manual, or physical
processes; or any employee | ||||||
6 | who has completed the courses of specialized
intellectual | ||||||
7 | instruction and study prescribed in this subsection (m) and is
| ||||||
8 | performing related
work under the supervision of a professional | ||||||
9 | person to qualify to become
a professional employee as defined | ||||||
10 | in this subsection (m).
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11 | (n) "Public employee" or "employee", for the purposes of | ||||||
12 | this Act, means
any individual employed by a public employer, | ||||||
13 | including (i) interns and residents
at public hospitals, (ii) | ||||||
14 | as of the effective date of this amendatory Act of the 93rd | ||||||
15 | General
Assembly, but not
before, personal assistants working | ||||||
16 | under the Home
Services
Program under Section 3 of the | ||||||
17 | Rehabilitation of Persons with Disabilities Act, subject to
the
| ||||||
18 | limitations set forth in this Act and in the Rehabilitation of | ||||||
19 | Persons with Disabilities
Act,
(iii) as of the effective date | ||||||
20 | of this amendatory Act of the 94th General Assembly, but not | ||||||
21 | before, child and day care home providers participating in the | ||||||
22 | child care assistance program under Section 9A-11 of the | ||||||
23 | Illinois Public Aid Code, subject to the limitations set forth | ||||||
24 | in this Act and in Section 9A-11 of the Illinois Public Aid | ||||||
25 | Code, (iv) as of January 29, 2013 (the effective date of Public | ||||||
26 | Act 97-1158), but not before except as otherwise provided in |
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| |||||||
1 | this subsection (n), home care and home health workers who | ||||||
2 | function as personal assistants and individual maintenance | ||||||
3 | home health workers and who also work under the Home Services | ||||||
4 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
5 | Disabilities Act, no matter whether the State provides those | ||||||
6 | services through direct fee-for-service arrangements, with the | ||||||
7 | assistance of a managed care organization or other | ||||||
8 | intermediary, or otherwise, (v) beginning on the effective date | ||||||
9 | of this amendatory Act of the 98th General Assembly and | ||||||
10 | notwithstanding any other provision of this Act, any person | ||||||
11 | employed by a public employer and who is classified as or who | ||||||
12 | holds the employment title of Chief Stationary Engineer, | ||||||
13 | Assistant Chief Stationary Engineer, Sewage Plant Operator, | ||||||
14 | Water Plant Operator, Stationary Engineer, Plant Operating | ||||||
15 | Engineer, and any other employee who holds the position of: | ||||||
16 | Civil Engineer V, Civil Engineer VI, Civil Engineer VII, | ||||||
17 | Technical Manager I, Technical Manager II, Technical Manager | ||||||
18 | III, Technical Manager IV, Technical Manager V, Technical | ||||||
19 | Manager VI, Realty Specialist III, Realty Specialist IV, Realty | ||||||
20 | Specialist V, Technical Advisor I, Technical Advisor II, | ||||||
21 | Technical Advisor III, Technical Advisor IV, or Technical | ||||||
22 | Advisor V employed by the Department of Transportation who is | ||||||
23 | in a position which is certified in a bargaining unit on or | ||||||
24 | before the effective date of this amendatory Act of the 98th | ||||||
25 | General Assembly, and (vi) beginning on the effective date of | ||||||
26 | this amendatory Act of the 98th General Assembly and |
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1 | notwithstanding any other provision of this Act, any mental | ||||||
2 | health administrator in the Department of Corrections who is | ||||||
3 | classified as or who holds the position of Public Service | ||||||
4 | Administrator (Option 8K), any employee of the Office of the | ||||||
5 | Inspector General in the Department of Human Services who is | ||||||
6 | classified as or who holds the position of Public Service | ||||||
7 | Administrator (Option 7), any Deputy of Intelligence in the | ||||||
8 | Department of Corrections who is classified as or who holds the | ||||||
9 | position of Public Service Administrator (Option 7), and any | ||||||
10 | employee of the Department of State Police who handles issues | ||||||
11 | concerning the Illinois State Police Sex Offender Registry and | ||||||
12 | who is classified as or holds the position of Public Service | ||||||
13 | Administrator (Option 7), but excluding all of the following: | ||||||
14 | employees of the
General Assembly of the State of Illinois; | ||||||
15 | elected officials; executive
heads of a department; members of | ||||||
16 | boards or commissions; the Executive
Inspectors General; any | ||||||
17 | special Executive Inspectors General; employees of each
Office | ||||||
18 | of an Executive Inspector General;
commissioners and employees | ||||||
19 | of the Executive Ethics Commission; the Auditor
General's | ||||||
20 | Inspector General; employees of the Office of the Auditor | ||||||
21 | General's
Inspector General; the Legislative Inspector | ||||||
22 | General; any special Legislative
Inspectors General; employees | ||||||
23 | of the Office
of the Legislative Inspector General;
| ||||||
24 | commissioners and employees of the Legislative Ethics | ||||||
25 | Commission;
employees
of any
agency, board or commission | ||||||
26 | created by this Act; employees appointed to
State positions of |
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1 | a temporary or emergency nature; all employees of school
| ||||||
2 | districts and higher education institutions except | ||||||
3 | firefighters and peace
officers employed
by a state university | ||||||
4 | and except peace officers employed by a school district in its | ||||||
5 | own police department in existence on the effective date of | ||||||
6 | this amendatory Act of the 96th General Assembly; managerial | ||||||
7 | employees; short-term employees; legislative liaisons; a | ||||||
8 | person who is a State employee under the jurisdiction of the | ||||||
9 | Office of the Attorney General who is licensed to practice law | ||||||
10 | or whose position authorizes, either directly or indirectly, | ||||||
11 | meaningful input into government decision-making on issues | ||||||
12 | where there is room for principled disagreement on goals or | ||||||
13 | their implementation; a person who is a State employee under | ||||||
14 | the jurisdiction of the Office of the Comptroller who holds the | ||||||
15 | position of Public Service Administrator or whose position is | ||||||
16 | otherwise exempt under the Comptroller Merit Employment Code; a | ||||||
17 | person who is a State employee under the jurisdiction of the | ||||||
18 | Secretary of State who holds the position classification of | ||||||
19 | Executive I or higher, whose position authorizes, either | ||||||
20 | directly or indirectly, meaningful input into government | ||||||
21 | decision-making on issues where there is room for principled | ||||||
22 | disagreement on goals or their implementation, or who is | ||||||
23 | otherwise exempt under the Secretary of State Merit Employment | ||||||
24 | Code; employees in the Office of the Secretary of State who are | ||||||
25 | completely exempt from jurisdiction B of the Secretary of State | ||||||
26 | Merit Employment Code and who are in Rutan-exempt positions on |
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| |||||||
1 | or after April 5, 2013 (the effective date of Public Act | ||||||
2 | 97-1172); a person who is a State employee under the | ||||||
3 | jurisdiction of the Treasurer who holds a position that is | ||||||
4 | exempt from the State Treasurer Employment Code; any employee | ||||||
5 | of a State agency who (i) holds the title or position of, or | ||||||
6 | exercises substantially similar duties as a legislative | ||||||
7 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
8 | Executive Director, Agency Deputy Director, Agency Chief | ||||||
9 | Fiscal Officer, Agency Human Resources Director, Public | ||||||
10 | Information Officer, or Chief Information Officer and (ii) was | ||||||
11 | neither included in a bargaining unit nor subject to an active | ||||||
12 | petition for certification in a bargaining unit; any employee | ||||||
13 | of a State agency who (i) is in a position that is | ||||||
14 | Rutan-exempt, as designated by the employer, and completely | ||||||
15 | exempt from jurisdiction B of the Personnel Code and (ii) was | ||||||
16 | neither included in a bargaining unit nor subject to an active | ||||||
17 | petition for certification in a bargaining unit; any term | ||||||
18 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
19 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
20 | bargaining unit nor subject to an active petition for | ||||||
21 | certification in a bargaining unit; any employment position | ||||||
22 | properly designated pursuant to Section 6.1 of this Act;
| ||||||
23 | confidential employees; independent contractors; and | ||||||
24 | supervisors except as
provided in this Act.
| ||||||
25 | Home care
and home health workers who function as personal | ||||||
26 | assistants and individual maintenance home health workers and |
| |||||||
| |||||||
1 | who also work under the Home Services Program under Section 3 | ||||||
2 | of the Rehabilitation of Persons with Disabilities Act shall | ||||||
3 | not be considered
public
employees for any purposes not | ||||||
4 | specifically provided for in Public Act 93-204 or Public Act | ||||||
5 | 97-1158, including but not limited to, purposes of vicarious
| ||||||
6 | liability in tort
and purposes of statutory retirement or | ||||||
7 | health insurance benefits. Home care and home health workers | ||||||
8 | who function as personal assistants and individual maintenance | ||||||
9 | home health workers and who also work under the Home Services | ||||||
10 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
11 | Disabilities Act shall not be covered by the State Employees
| ||||||
12 | Group
Insurance Act of 1971 (5 ILCS 375/).
| ||||||
13 | Child and day care home providers shall not be considered | ||||||
14 | public employees for any purposes not specifically provided for | ||||||
15 | in this amendatory Act of the 94th General Assembly, including | ||||||
16 | but not limited to, purposes of vicarious liability in tort and | ||||||
17 | purposes of statutory retirement or health insurance benefits. | ||||||
18 | Child and day care home providers shall not be covered by the | ||||||
19 | State Employees Group Insurance Act of 1971. | ||||||
20 | Notwithstanding Section 9, subsection (c), or any other | ||||||
21 | provisions of
this Act, all peace officers above the rank of | ||||||
22 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
23 | shall be excluded
from this Act.
| ||||||
24 | (o) Except as otherwise in subsection (o-5), "public | ||||||
25 | employer" or "employer" means the State of Illinois; any
| ||||||
26 | political subdivision of the State, unit of local government or |
| |||||||
| |||||||
1 | school
district; authorities including departments, divisions, | ||||||
2 | bureaus, boards,
commissions, or other agencies of the | ||||||
3 | foregoing entities; and any person
acting within the scope of | ||||||
4 | his or her authority, express or implied, on
behalf of those | ||||||
5 | entities in dealing with its employees.
As of the effective | ||||||
6 | date of the amendatory Act of the 93rd General Assembly,
but | ||||||
7 | not
before, the State of Illinois shall be considered the | ||||||
8 | employer of the personal assistants working under the Home | ||||||
9 | Services Program
under
Section 3 of the Rehabilitation of | ||||||
10 | Persons with Disabilities Act, subject to the
limitations set | ||||||
11 | forth
in this Act and in the Rehabilitation of Persons with | ||||||
12 | Disabilities Act. As of January 29, 2013 (the effective date of | ||||||
13 | Public Act 97-1158), but not before except as otherwise | ||||||
14 | provided in this subsection (o), the State shall be considered | ||||||
15 | the employer of home care and home health workers who function | ||||||
16 | as personal assistants and individual maintenance home health | ||||||
17 | workers and who also work under the Home Services Program under | ||||||
18 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
19 | Act, no matter whether the State provides those services | ||||||
20 | through direct fee-for-service arrangements, with the | ||||||
21 | assistance of a managed care organization or other | ||||||
22 | intermediary, or otherwise, but subject to the limitations set | ||||||
23 | forth in this Act and the Rehabilitation of Persons with | ||||||
24 | Disabilities Act. The State shall not
be
considered to be the | ||||||
25 | employer of home care and home health workers who function as | ||||||
26 | personal
assistants and individual maintenance home health |
| |||||||
| |||||||
1 | workers and who also work under the Home Services Program under | ||||||
2 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
3 | Act, for any
purposes not specifically provided for in Public | ||||||
4 | Act 93-204 or Public Act 97-1158, including but not limited to, | ||||||
5 | purposes of vicarious liability in tort
and
purposes of | ||||||
6 | statutory retirement or health insurance benefits. Home care | ||||||
7 | and home health workers who function as
personal assistants and | ||||||
8 | individual maintenance home health workers and who also work | ||||||
9 | under the Home Services Program under Section 3 of the | ||||||
10 | Rehabilitation of Persons with Disabilities Act shall not be | ||||||
11 | covered by the State Employees Group
Insurance Act of 1971
(5 | ||||||
12 | ILCS 375/).
As of the effective date of this amendatory Act of | ||||||
13 | the 94th General Assembly but not before, the State of Illinois | ||||||
14 | shall be considered the employer of the day and child care home | ||||||
15 | providers participating in the child care assistance program | ||||||
16 | under Section 9A-11 of the Illinois Public Aid Code, subject to | ||||||
17 | the limitations set forth in this Act and in Section 9A-11 of | ||||||
18 | the Illinois Public Aid Code. The State shall not be considered | ||||||
19 | to be the employer of child and day care home providers for any | ||||||
20 | purposes not specifically provided for in this amendatory Act | ||||||
21 | of the 94th General Assembly, including but not limited to, | ||||||
22 | purposes of vicarious liability in tort and purposes of | ||||||
23 | statutory retirement or health insurance benefits. Child and | ||||||
24 | day care home providers shall not be covered by the State | ||||||
25 | Employees Group Insurance Act of 1971. | ||||||
26 | "Public employer" or
"employer" as used in this Act, |
| |||||||
| |||||||
1 | however, does not
mean and shall not include the General | ||||||
2 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
3 | Commission, the Offices of the Executive Inspectors
General, | ||||||
4 | the Legislative Ethics Commission, the Office of the | ||||||
5 | Legislative
Inspector General, the Office of the Auditor | ||||||
6 | General's Inspector General, the Office of the Governor, the | ||||||
7 | Governor's Office of Management and Budget, the Illinois | ||||||
8 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
9 | State Board of Elections, and educational employers or | ||||||
10 | employers as defined in the Illinois
Educational Labor | ||||||
11 | Relations Act, except with respect to a state university in
its | ||||||
12 | employment of firefighters and peace officers and except with | ||||||
13 | respect to a school district in the employment of peace | ||||||
14 | officers in its own police department in existence on the | ||||||
15 | effective date of this amendatory Act of the 96th General | ||||||
16 | Assembly. County boards and county
sheriffs shall be
designated | ||||||
17 | as joint or co-employers of county peace officers appointed
| ||||||
18 | under the authority of a county sheriff. Nothing in this | ||||||
19 | subsection
(o) shall be construed
to prevent the State Panel or | ||||||
20 | the Local Panel
from determining that employers are joint or | ||||||
21 | co-employers.
| ||||||
22 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
23 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
24 | other conditions of
employment, the public employer of public | ||||||
25 | employees who are court reporters, as
defined in the Court | ||||||
26 | Reporters Act, shall be determined as
follows:
|
| |||||||
| |||||||
1 | (1) For court reporters employed by the Cook County | ||||||
2 | Judicial
Circuit, the chief judge of the Cook County | ||||||
3 | Circuit
Court is the public employer and employer | ||||||
4 | representative.
| ||||||
5 | (2) For court reporters employed by the 12th, 18th, | ||||||
6 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
7 | circuits, a group consisting of the chief judges of those | ||||||
8 | circuits, acting
jointly by majority vote, is the public | ||||||
9 | employer and employer representative.
| ||||||
10 | (3) For court reporters employed by all other judicial | ||||||
11 | circuits,
a group consisting of the chief judges of those | ||||||
12 | circuits, acting jointly by
majority vote, is the public | ||||||
13 | employer and employer representative.
| ||||||
14 | (p) "Security employee" means an employee who is | ||||||
15 | responsible for the
supervision and control of inmates at | ||||||
16 | correctional facilities. The term
also includes other | ||||||
17 | non-security employees in bargaining units having the
majority | ||||||
18 | of employees being responsible for the supervision and control | ||||||
19 | of
inmates at correctional facilities.
| ||||||
20 | (q) "Short-term employee" means an employee who is employed | ||||||
21 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
22 | year and who does
not have a reasonable assurance that he or | ||||||
23 | she will be rehired by the
same employer for the same service | ||||||
24 | in a subsequent calendar year.
| ||||||
25 | (q-5) "State agency" means an agency directly responsible | ||||||
26 | to the Governor, as defined in Section 3.1 of the Executive |
| |||||||
| |||||||
1 | Reorganization Implementation Act, and the Illinois Commerce | ||||||
2 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
3 | Civil Service Commission, the Pollution Control Board, the | ||||||
4 | Illinois Racing Board, and the Department of State Police Merit | ||||||
5 | Board. | ||||||
6 | (r) "Supervisor" is: | ||||||
7 | (1) An employee whose principal work is substantially
| ||||||
8 | different from that of his or her subordinates and who has | ||||||
9 | authority, in the
interest of the employer, to hire, | ||||||
10 | 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 | ||||||
13 | actions, if the
exercise
of that authority is not of a | ||||||
14 | merely routine or clerical nature, but
requires the | ||||||
15 | consistent use of independent judgment. Except with | ||||||
16 | respect to
police employment, the term "supervisor" | ||||||
17 | includes only those individuals
who devote a preponderance | ||||||
18 | of their employment time to exercising that
authority, | ||||||
19 | State supervisors notwithstanding. Nothing in this | ||||||
20 | definition prohibits an individual from also meeting the | ||||||
21 | definition of "managerial employee" under subsection (j) | ||||||
22 | of this Section. In addition, in determining
supervisory | ||||||
23 | status in police employment, rank shall not be | ||||||
24 | determinative.
The Board shall consider, as evidence of | ||||||
25 | bargaining unit inclusion or
exclusion, the common law | ||||||
26 | enforcement policies and relationships between
police |
| |||||||
| |||||||
1 | officer ranks and certification under applicable civil | ||||||
2 | service law,
ordinances, personnel codes, or Division 2.1 | ||||||
3 | of Article 10 of the Illinois
Municipal Code, but these | ||||||
4 | factors shall not
be the sole or predominant factors | ||||||
5 | considered by the Board in determining
police supervisory | ||||||
6 | status.
| ||||||
7 | Notwithstanding the provisions of the preceding | ||||||
8 | paragraph, in determining
supervisory status in fire | ||||||
9 | fighter employment, no fire fighter shall be
excluded as a | ||||||
10 | supervisor who has established representation rights under
| ||||||
11 | Section 9 of this Act. Further, in new fire fighter units, | ||||||
12 | employees shall
consist of fire fighters of the rank of | ||||||
13 | company officer and below. If a company officer otherwise | ||||||
14 | qualifies as a supervisor under the preceding paragraph, | ||||||
15 | however, he or she shall
not be included in the fire | ||||||
16 | fighter
unit. If there is no rank between that of chief and | ||||||
17 | the
highest company officer, the employer may designate a | ||||||
18 | position on each
shift as a Shift Commander, and the | ||||||
19 | persons occupying those positions shall
be supervisors. | ||||||
20 | All other ranks above that of company officer shall be
| ||||||
21 | supervisors.
| ||||||
22 | (2) With respect only to State employees in positions | ||||||
23 | under the jurisdiction of the Attorney General, Secretary | ||||||
24 | of State, Comptroller, or Treasurer (i) that were certified | ||||||
25 | in a bargaining unit on or after December 2, 2008, (ii) for | ||||||
26 | which a petition is filed with the Illinois Public Labor |
| |||||||
| |||||||
1 | Relations Board on or after April 5, 2013 (the effective | ||||||
2 | date of Public Act 97-1172), or (iii) for which a petition | ||||||
3 | is pending before the Illinois Public Labor Relations Board | ||||||
4 | on that date, an employee who qualifies as a supervisor | ||||||
5 | under (A) Section 152 of the National Labor Relations Act | ||||||
6 | and (B) orders of the National Labor Relations Board | ||||||
7 | interpreting that provision or decisions of courts | ||||||
8 | reviewing decisions of the National Labor Relations Board. | ||||||
9 | (s)(1) "Unit" means a class of jobs or positions that are | ||||||
10 | held by
employees whose collective interests may suitably be | ||||||
11 | represented by a labor
organization for collective bargaining. | ||||||
12 | Except with respect to non-State fire
fighters and paramedics | ||||||
13 | employed by fire departments and fire protection
districts, | ||||||
14 | non-State peace officers, and peace officers in the Department | ||||||
15 | of
State Police, a bargaining unit determined by the Board | ||||||
16 | shall not include both
employees and supervisors, or | ||||||
17 | supervisors only, except as provided in paragraph
(2) of this | ||||||
18 | subsection (s) and except for bargaining units in existence on | ||||||
19 | July
1, 1984 (the effective date of this Act). With respect to | ||||||
20 | non-State fire
fighters and paramedics employed by fire | ||||||
21 | departments and fire protection
districts, non-State peace | ||||||
22 | officers, and peace officers in the Department of
State Police, | ||||||
23 | a bargaining unit determined by the Board shall not include | ||||||
24 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
25 | except as provided in
paragraph (2) of this subsection (s) and | ||||||
26 | except for bargaining units in
existence on January 1, 1986 |
| |||||||
| |||||||
1 | (the effective date of this amendatory Act of
1985). A | ||||||
2 | bargaining unit determined by the Board to contain peace | ||||||
3 | officers
shall contain no employees other than peace officers | ||||||
4 | unless otherwise agreed to
by the employer and the labor | ||||||
5 | organization or labor organizations involved.
Notwithstanding | ||||||
6 | any other provision of this Act, a bargaining unit, including a
| ||||||
7 | historical bargaining unit, containing sworn peace officers of | ||||||
8 | the Department
of Natural Resources (formerly designated the | ||||||
9 | Department of Conservation) shall
contain no employees other | ||||||
10 | than such sworn peace officers upon the effective
date of this | ||||||
11 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
12 | collective bargaining agreement in effect upon the effective | ||||||
13 | date of this
amendatory Act of 1990 covering both such sworn | ||||||
14 | peace officers and other
employees.
| ||||||
15 | (2) Notwithstanding the exclusion of supervisors from | ||||||
16 | bargaining units
as provided in paragraph (1) of this | ||||||
17 | subsection (s), a public
employer may agree to permit its | ||||||
18 | supervisory employees to form bargaining units
and may bargain | ||||||
19 | with those units. This Act shall apply if the public employer
| ||||||
20 | chooses to bargain under this subsection.
| ||||||
21 | (3) Public employees who are court reporters, as defined
in | ||||||
22 | the Court Reporters Act,
shall be divided into 3 units for | ||||||
23 | collective bargaining purposes. One unit
shall be court | ||||||
24 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
25 | unit shall be court reporters employed by the 12th, 18th, 19th, | ||||||
26 | and, on and after December 4, 2006, the 22nd judicial
circuits; |
| |||||||
| |||||||
1 | and one unit shall be court reporters employed by all other
| ||||||
2 | judicial circuits.
| ||||||
3 | (t) "Active petition for certification in a bargaining | ||||||
4 | unit" means a petition for certification filed with the Board | ||||||
5 | under one of the following case numbers: S-RC-11-110; | ||||||
6 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | ||||||
7 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
8 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
9 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | ||||||
10 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
11 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
12 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
13 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
14 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
15 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
16 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
17 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | ||||||
18 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
19 | S-RC-07-100. | ||||||
20 | (Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14; | ||||||
21 | 99-143, eff. 7-27-15.)
| ||||||
22 | Section 10. The Public Employee Disability Act is amended | ||||||
23 | by changing Section 1 as follows:
| ||||||
24 | (5 ILCS 345/1) (from Ch. 70, par. 91)
|
| |||||||
| |||||||
1 | Sec. 1. Disability benefit.
| ||||||
2 | (a) For the purposes of this Section, "eligible employee" | ||||||
3 | means any
part-time or full-time State correctional officer or | ||||||
4 | any other full or
part-time employee of the Department of | ||||||
5 | Corrections, any full or part-time
employee of the Prisoner | ||||||
6 | Review Board, any full or part-time employee of the
Department | ||||||
7 | of Human Services working within a
penal institution or a State | ||||||
8 | mental health or developmental
disabilities facility operated | ||||||
9 | by the Department of Human Services, and any
full-time law | ||||||
10 | enforcement officer or
full-time firefighter , including a | ||||||
11 | firefighter employed as a paramedic or who performs paramedic | ||||||
12 | duties, who is employed by the State of Illinois, any unit of
| ||||||
13 | local government (including any home rule unit), any State | ||||||
14 | supported college or
university, or any other public entity | ||||||
15 | granted the power to employ persons for
such purposes by law.
| ||||||
16 | (b) Whenever an eligible employee suffers any injury in the | ||||||
17 | line of duty
which causes him to be unable to perform his | ||||||
18 | duties, he shall continue to be
paid by the employing public | ||||||
19 | entity on the same basis as he was paid before the
injury, with | ||||||
20 | no deduction from his sick leave credits, compensatory time for
| ||||||
21 | overtime accumulations or vacation, or service credits in a | ||||||
22 | public employee
pension fund during the time he is unable to | ||||||
23 | perform his duties due to the
result of the injury, but not | ||||||
24 | longer than one year in relation to the same
injury. However, | ||||||
25 | no injury to an employee of the Department
of Corrections or
| ||||||
26 | the Prisoner Review Board working within a penal institution or |
| |||||||
| |||||||
1 | an employee of
the Department of Human Services working within | ||||||
2 | a
departmental mental health or developmental disabilities | ||||||
3 | facility shall
qualify the employee for benefits under this | ||||||
4 | Section unless the
injury is the
direct or indirect result of | ||||||
5 | violence by inmates of the penal institution or
residents of | ||||||
6 | the mental health or developmental
disabilities facility.
| ||||||
7 | (c) At any time during the period for which continuing | ||||||
8 | compensation
is required by this Act, the employing public | ||||||
9 | entity may order at the
expense of that entity physical or | ||||||
10 | medical examinations of the injured
person to determine the | ||||||
11 | degree of disability.
| ||||||
12 | (d) During this period of disability, the injured person | ||||||
13 | shall not
be employed in any other manner, with or without | ||||||
14 | monetary compensation.
Any person who is employed in violation | ||||||
15 | of this paragraph forfeits the
continuing compensation | ||||||
16 | provided by this Act from the time such
employment begins. Any | ||||||
17 | salary compensation due the injured person from
workers' | ||||||
18 | compensation or any salary due him from any type of insurance
| ||||||
19 | which may be carried by the employing public entity shall | ||||||
20 | revert to that
entity during the time for which continuing | ||||||
21 | compensation is paid to him
under this Act. Any person with a | ||||||
22 | disability receiving compensation under the
provisions of this | ||||||
23 | Act shall not be entitled to any benefits for which
he would | ||||||
24 | qualify because of his disability under the provisions of the
| ||||||
25 | Illinois Pension Code.
| ||||||
26 | (e) Any employee of the State of Illinois, as defined in |
| |||||||
| |||||||
1 | Section 14-103.05
of the Illinois Pension Code, who becomes | ||||||
2 | permanently unable to perform the
duties of such employment due | ||||||
3 | to an injury received in the active performance
of his duties | ||||||
4 | as a State employee as a result of a willful act of violence by
| ||||||
5 | another employee of the State of Illinois, as so defined, | ||||||
6 | committed during such
other employee's course of employment and | ||||||
7 | after January 1, 1988, shall be
eligible for benefits pursuant | ||||||
8 | to the provisions of this Section. For purposes
of this | ||||||
9 | Section, permanent disability is defined as a diagnosis or | ||||||
10 | prognosis of
an inability to return to current job duties by a | ||||||
11 | physician licensed to
practice medicine in all of its branches.
| ||||||
12 | (f) The compensation and other benefits provided to | ||||||
13 | part-time employees
covered by this Section shall be calculated | ||||||
14 | based on the percentage of time
the part-time employee was | ||||||
15 | scheduled to work pursuant to his or her status as
a part-time | ||||||
16 | employee.
| ||||||
17 | (g) Pursuant to paragraphs (h) and (i) of Section 6 of | ||||||
18 | Article VII of
the Illinois Constitution, this Act specifically | ||||||
19 | denies and limits the exercise
by home rule units of any power | ||||||
20 | which is inconsistent herewith, and all
existing laws and | ||||||
21 | ordinances which are inconsistent herewith are hereby
| ||||||
22 | superseded. This Act does not preempt the concurrent exercise | ||||||
23 | by home rule
units of powers consistent herewith.
| ||||||
24 | This Act does not apply to any home rule unit with a | ||||||
25 | population of over
1,000,000.
| ||||||
26 | (h) In those cases where the injury to a State employee for |
| |||||||
| |||||||
1 | which
a benefit is payable under this Act was caused
under | ||||||
2 | circumstances creating a legal liability for damages on the | ||||||
3 | part
of some person other than the State employer, all of the | ||||||
4 | rights
and privileges, including the right to notice of suit | ||||||
5 | brought against
such other person and the right to commence or | ||||||
6 | join in such suit, as
given the employer, together with the | ||||||
7 | conditions or obligations imposed
under paragraph (b) of | ||||||
8 | Section 5 of the Workers' Compensation Act,
are also given and | ||||||
9 | granted to the State, to the end that, with respect to State | ||||||
10 | employees only, the State
may be paid or reimbursed for the | ||||||
11 | amount of
benefit paid or
to be paid by the
State to the | ||||||
12 | injured employee or his or her personal representative out of | ||||||
13 | any
judgment, settlement, or payment
for such injury obtained | ||||||
14 | by such injured employee or his
or her personal representative | ||||||
15 | from such other person by virtue of the injury. | ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
|