Bill Text: IL HB3092 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Requires the Department of Corrections to establish an in-house registry of nurses classified as Corrections Nurse I or Corrections Nurse II for the purpose of improving staffing levels to minimize or eliminate the use of mandatory overtime at State-operated facilities. Effective January 1, 2014.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3092 Detail]
Download: Illinois-2013-HB3092-Engrossed.html
Bill Title: Amends the Unified Code of Corrections. Requires the Department of Corrections to establish an in-house registry of nurses classified as Corrections Nurse I or Corrections Nurse II for the purpose of improving staffing levels to minimize or eliminate the use of mandatory overtime at State-operated facilities. Effective January 1, 2014.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3092 Detail]
Download: Illinois-2013-HB3092-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The Personnel Code is amended by adding Section | ||||||
5 | 21 as follows:
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6 | (20 ILCS 415/21 new) | ||||||
7 | Sec. 21. Extra Help appointments. | ||||||
8 | (a) An Extra Help appointment may be made by the Department | ||||||
9 | of Corrections to a Corrections Nurse I or a Corrections Nurse | ||||||
10 | II position which the Department of Corrections attests to be | ||||||
11 | casual or emergent in nature, and which meets the
following | ||||||
12 | conditions: | ||||||
13 | (1) the amount of time for which the services are | ||||||
14 | needed is not usually predictable; | ||||||
15 | (2) payment for work performed is usually made on an | ||||||
16 | hourly basis; and | ||||||
17 | (3) the work
cannot readily be assigned either on a | ||||||
18 | straight time or on an overtime basis to a status
employee. | ||||||
19 | (b) Persons seeking an Extra Help appointment shall meet | ||||||
20 | the same qualifications as required for in status employment as | ||||||
21 | a Corrections Nurse I or a Corrections Nurse II. | ||||||
22 | (c) The Department of Corrections shall fill an Extra Help | ||||||
23 | position by appointing persons listed in the registry created |
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1 | under Section 3-2-2.3 of the Unified Code of Corrections. | ||||||
2 | (d) Acceptance or refusal to accept an Extra Help | ||||||
3 | appointment by a candidate shall in no
way affect the | ||||||
4 | candidate's position on the registry created under Section | ||||||
5 | 3-2-2.3 of the Unified Code of Corrections. | ||||||
6 | (e) An Extra Help position may be utilized for a maximum of | ||||||
7 | 900 hours of actual work in
any consecutive 12 calendar months. | ||||||
8 | The Department of Corrections shall review the status of the | ||||||
9 | position
at least every three calendar months. If at any time | ||||||
10 | it is found that the position has become
an appointment which | ||||||
11 | is other than Extra Help, the Department of Corrections shall | ||||||
12 | terminate the Extra Help appointment. If an Extra Help position | ||||||
13 | has accrued 900 consecutive hours, the
position shall not be | ||||||
14 | reestablished until 6 months time has elapsed from the date of
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15 | the termination of the position. | ||||||
16 | (f) Upon working 900 hours, an Extra Help employee cannot | ||||||
17 | resume employment in any
Extra Help appointment within the | ||||||
18 | Department of Corrections until 30 calendar days have
elapsed. | ||||||
19 | (g) The Department of Corrections shall quarterly review | ||||||
20 | its use of Extra Help appointments to ensure
compliance with | ||||||
21 | these rules. | ||||||
22 | (h) Compensation of Extra Help employees shall be within | ||||||
23 | the limits established for
comparable service by in status | ||||||
24 | employment as a Corrections Nurse I or Corrections Nurse II.
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25 | Section 5. The Unified Code of Corrections is amended by |
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1 | adding Section 3-2-2.3 as follows:
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2 | (730 ILCS 5/3-2-2.3 new) | ||||||
3 | Sec. 3-2-2.3. In-house nurses registry. | ||||||
4 | (a) The Department shall establish an in-house registry of | ||||||
5 | nurses classified as Corrections Nurse I or Corrections Nurse | ||||||
6 | II for the purpose of improving staffing levels to minimize or | ||||||
7 | eliminate the use of mandatory overtime at State-operated | ||||||
8 | facilities. The registry (1) shall not be used to replace | ||||||
9 | budgeted positions for Corrections Nurse I or Corrections Nurse | ||||||
10 | II, (2) shall be developed through collective bargaining with | ||||||
11 | an organization representing those nurses, and (3) may utilize | ||||||
12 | an Extra Help employee for a maximum of 900 hours of actual | ||||||
13 | work in any 12 consecutive calendar months. The employer shall | ||||||
14 | review the status of the position at least every 3 calendar | ||||||
15 | months. If, at any time, it is found that the position has | ||||||
16 | become an appointment that is other than Extra Help, the | ||||||
17 | employer shall terminate the Extra Help appointment. If an | ||||||
18 | Extra Help position has accrued 900 consecutive hours, the | ||||||
19 | position shall not be reestablished until 6 months have elapsed | ||||||
20 | from the date of the termination of the position. Upon working | ||||||
21 | 900 hours, an Extra Help employee shall not resume employment | ||||||
22 | in any Extra Help appointment at a place of employment until 30 | ||||||
23 | calendar days have elapsed. The State shall conduct quarterly | ||||||
24 | review of its use of Extra Help appointments to ensure | ||||||
25 | compliance with this Section. The State shall maintain the |
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1 | number of full time Correctional Nurse I and Correctional Nurse | ||||||
2 | II positions that exist on the effective date of this | ||||||
3 | amendatory Act of the 98th General Assembly. | ||||||
4 | (b) An Extra Help appointment may be made by the State for | ||||||
5 | Correctional Nurse I
or Correctional Nurse II for work that | ||||||
6 | meets the following conditions: | ||||||
7 | (1) The work cannot be readily assigned on a voluntary | ||||||
8 | basis, or on a straight-time or overtime basis, to a | ||||||
9 | full-time or part-time employee. | ||||||
10 | (2) The State or Department shall fill an Extra Help | ||||||
11 | position by referring persons to the employing unit of the | ||||||
12 | State-operated facility from the Extra Help list of | ||||||
13 | acceptable candidates. | ||||||
14 | (3) Acceptance or refusal to accept an Extra Help | ||||||
15 | appointment by a candidate shall in no way affect the | ||||||
16 | candidate's position on any Extra Help list, or on any | ||||||
17 | other registry maintained by the Department or the | ||||||
18 | employer. | ||||||
19 | (c) As used in this Section: | ||||||
20 | "Corrections Nurse I" and "Corrections Nurse II" means a | ||||||
21 | nurse classified as a
Corrections Nurse I or a Corrections | ||||||
22 | Nurse II and employed by the State to work at a State-operated | ||||||
23 | facility. | ||||||
24 | "Extra Help Employee Appointment" means the hiring of a | ||||||
25 | Corrections Nurse I or Corrections Nurse II from an in-house | ||||||
26 | registry to work at the Department of Corrections. |
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1 | "Mandatory overtime" means work that is required by the | ||||||
2 | Department in excess of an agreed-to, predetermined work shift.
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