Bill Text: IL HB3388 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Personnel Code. Removes a provision exempting the Upward Mobility Program from State recovery of payments for coursework or training programs. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3388 Detail]

Download: Illinois-2015-HB3388-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3388 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED:
20 ILCS 415/8c from Ch. 127, par. 63b108c
Amends the Personnel Code. State removes provision exempting the Upward Mobility Program from recovery of payments for coursework or training programs. Effective immediately.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Personnel Code is amended by changing
Section 8c as follows:
(20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
Sec. 8c. Jurisdiction C; conditions of employment. For
positions in the State service subject to the jurisdiction of
the Department of Central Management Services with respect to
conditions of employment:
(1) For establishment of a plan for resolving employee
grievances and complaints, excluding compulsory
arbitration.
(2) For hours of work, holidays, and attendance
regulation in the various classes of positions in the State
service; for annual, sick and special leaves of absence,
with or without pay or with reduced pay; for compensatory
time off for overtime or for pay for overtime, and for the
rate at which compensatory time off is to be allowed or for
the rate which is to be paid for overtime. If the services
of an employee in the State service are terminated by
reason of his retirement, disability or death, he, or his
estate, as the case may be, shall be paid a lump sum, for

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the number of days for leave for personal business which
the employee had accumulated but not used as of the date
his services were terminated, in an amount equal to 1/2 of
his pay per working day times the number of such leave days
so accumulated and not used.
(3) For the development and operation of programs to
improve the work effectiveness and morale of employees in
the State service, including training, safety, health,
welfare, counseling, recreation, employee relations, a
suggestion system, and others.
Employees whose tuition and fees are paid by the State,
either directly or by reimbursement, shall incur a work
commitment to the State. Employees whose State paid
training has not led to a postsecondary degree shall be
obligated to continue in the employ of the State, but not
necessarily in the same agency, for a period of at least 18
months following completion of the most recent course.
Employees whose State paid training has led to a
postsecondary degree and whose State payments have paid for
50% or more of the required credit hours shall be obligated
to continue in the employ of the State, but not necessarily
in the same agency, for a minimum of 4 years after
receiving the degree.
If the employee does not fulfill this work commitment
by voluntarily leaving State employment, the State may
recover payments in a civil action and may also recover

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interest at the rate of 1% per month from the time the
State makes payment until the time the State recovers the
payment. The amount the State may recover under this
subsection (3) shall be reduced by 25% of the gross amount
paid by the State for each year the employee is employed by
the State after the employee receives a postsecondary
degree, and 1/18th of the gross amount paid by the State
for each month the employee is employed by the State after
the employee completes the most recent course which has not
led to a postsecondary degree.
The State shall not recover payments for course work or
a training program that was (a) started before the
effective date of this Act; (b) completed as a requirement
for a grammar school certificate or a high school diploma,
to prepare for high school equivalency testing, or to
improve literacy or numeracy; (c) specialized training in
the form of a conference, seminar, workshop, or similar
arrangement offered by public or private organizations;
(d) (blank) provided as part of the Upward Mobility Program
administered by the Department of Central Management
Services; or (e) a condition of continued employment.
Department of State Police employees who are enrolled
in an official training program that lasts longer than one
year shall incur a work commitment to the State. The work
commitment shall be 2 months for each month of completed
training. If the employee fails to fulfill this work

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commitment by voluntarily leaving State employment, the
State may recover wages in a civil action and may also
recover interest at the rate of 1% per month from the time
the State makes payment until the time the State recovers
the payment. The amount the State may recover under this
subsection (3) shall be reduced by the number of months
served after the training is completed times the monthly
salary at the time of separation.
The Department of Central Management Services shall
promulgate rules governing recovery activities to be used
by all State agencies paying, whether directly or by
reimbursement, for employee tuition and fees. Each such
agency shall make necessary efforts, including pursuing
appropriate legal action, to recover the actual
reimbursements and applicable interest due the State under
this subsection (3).
(4) For the establishment of a sick pay plan in
accordance with Section 36 of the State Finance Act.
(5) For the establishment of a family responsibility
leave plan under which an employee in the State service may
request and receive a leave of absence for up to one year
without penalty whenever such leave is requested to enable
the employee to meet a bona fide family responsibility of
such employee. The procedure for determining and
documenting the existence of a bona fide family
responsibility shall be as provided by rule, but without

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limiting the circumstances which shall constitute a bona
fide family responsibility under the rules, such
circumstances shall include leave incident to the birth of
the employee's child and the responsibility thereafter to
provide proper care to that child or to a newborn child
adopted by the employee, the responsibility to provide
regular care to a disabled, incapacitated or bedridden
resident of the employee's household or member of the
employee's family, and the responsibility to furnish
special guidance, care and supervision to a resident of the
employee's household or member of the employee's family in
need thereof under circumstances temporarily inconsistent
with uninterrupted employment in State service. The family
responsibility leave plan so established shall provide
that any such leave shall be without pay, that the
seniority of the employee on such leave shall not be
reduced during the period of the leave, that such leave
shall not under any circumstance or for any purpose be
deemed to cause a break in such employee's State service,
that during the period of such leave any coverage of the
employee or the employee's dependents which existed at the
commencement of the leave under any group health, hospital,
medical and life insurance plan provided through the State
shall continue so long as the employee pays to the State
when due the full premium incident to such coverage, and
that upon expiration of the leave the employee shall be

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returned to the same position and classification which such
employee held at the commencement of the leave. The
Director of Central Management Services shall prepare
proposed rules consistent with this paragraph within 45
days after the effective date of this amendatory Act of
1983, shall promptly thereafter cause a public hearing
thereon to be held as provided in Section 8 and shall
within 120 days after the effective date of this amendatory
Act of 1983 cause such proposed rules to be submitted to
the Civil Service Commission as provided in Section 8.
(6) For the development and operation of a plan for
alternative employment for any employee who is able to
perform alternative employment after a work related or
non-work related disability essentially precludes that
employee from performing his or her currently assigned
duties. Such a plan shall be voluntary for any employee and
nonparticipation shall not be grounds for denial of any
benefit to which the employee would otherwise be eligible.
Any plan seeking to cover positions for which there is a
recognized bargaining agent shall be subject to collective
bargaining between the parties.
(7) For the development and operation of an Executive
Development Program to provide scholarships for the
receipt of academic degrees or senior executive training
beyond the Bachelor's degree level for as many as 25
employees at any given time:

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(i) each of whom is nominated for such scholarship
by the head of the employee's agency and approved by
the Director;
(ii) who are subject to Term Appointment under
Section 8b.18 or who would be subject to such Term
Appointment but for Federal funding or who are exempt
from Jurisdiction B under subsections (2), (3) or (6)
of Section 4d of this Act:
(iii) who meet the admission standards established
by the institution awarding the advanced degree or
conducting the training;
(iv) each of whom agrees, as a condition of
accepting such scholarship, that the State may recover
the scholarship by garnishment, lien or other
appropriate legal action if the employee fails to
continue in the employ of the State, but not
necessarily in the same agency, for a minimum of 4
years following receipt of an advanced degree or
training and that the State may charge interest from
the time of payment until the time of recovery of such
scholarship of no less than 1% per month or 12% per
annum on all funds recovered by the State. The amount
the State may recover under this Section will be
reduced by 25% of the gross amount paid by the State
for each year of employment following receipt of the
advanced degree or training.

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The Director shall in approving eligible employees for
the Executive Development Program make every attempt to
guarantee that at least 1/3 of the employees appointed to
the program reflect the ratio of sex, race, and ethnicity
of eligible employees.
Such scholarships shall not exceed the amount
established for tuition and fees for the applicable
advanced degree or training at State universities in
Illinois whether the employee enrolls at any Illinois
public or private institution, and shall not include any
textbooks or equipment such as personal computers.
The Department of Central Management Services shall
make necessary efforts, including appropriate legal
action, to recover scholarships and interest thereupon due
subject to recovery by the State under Subparagraph (iv) of
this Subsection (7).
(Source: P.A. 98-718, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.