Bill Text: IL SB1290 | 2013-2014 | 98th General Assembly | Introduced


Bill Title: Provides that if and only if Senate Bill 1556, as passed by the 97th General Assembly, becomes law, the Illinois Public Labor Relations Act is amended (i) to prohibit the Governor from designating public employees who are classified as or who hold the title of Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V for exclusion from collective bargaining and (ii) to specify that public employees who are classified as or who hold the employment title of Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V qualify as public employees for purposes of the Act. Effective upon becoming law or on the effective date of Senate Bill 1556 of the 97th General Assembly, whichever is later.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1290 Detail]

Download: Illinois-2013-SB1290-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1290

Introduced 2/5/2013, by Sen. Andy Manar

SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/6.1

Provides that if and only if Senate Bill 1556, as passed by the 97th General Assembly, becomes law, the Illinois Public Labor Relations Act is amended (i) to prohibit the Governor from designating public employees who are classified as or who hold the title of Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V for exclusion from collective bargaining and (ii) to specify that public employees who are classified as or who hold the employment title of Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V qualify as public employees for purposes of the Act. Effective upon becoming law or on the effective date of Senate Bill 1556 of the 97th General Assembly, whichever is later.
LRB098 07644 JDS 37716 b

A BILL FOR

SB1290LRB098 07644 JDS 37716 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. If and only if Senate Bill 1556, as passed by
5the 97th General Assembly, becomes law, the Illinois Public
6Labor Relations Act is amended by changing Sections 3 and 6.1
7as follows:
8 (5 ILCS 315/3) (from Ch. 48, par. 1603)
9 Sec. 3. Definitions. As used in this Act, unless the
10context otherwise requires:
11 (a) "Board" means the Illinois Labor Relations Board or,
12with respect to a matter over which the jurisdiction of the
13Board is assigned to the State Panel or the Local Panel under
14Section 5, the panel having jurisdiction over the matter.
15 (b) "Collective bargaining" means bargaining over terms
16and conditions of employment, including hours, wages, and other
17conditions of employment, as detailed in Section 7 and which
18are not excluded by Section 4.
19 (c) "Confidential employee" means an employee who, in the
20regular course of his or her duties, assists and acts in a
21confidential capacity to persons who formulate, determine, and
22effectuate management policies with regard to labor relations
23or who, in the regular course of his or her duties, has

SB1290- 2 -LRB098 07644 JDS 37716 b
1authorized access to information relating to the effectuation
2or review of the employer's collective bargaining policies.
3 (d) "Craft employees" means skilled journeymen, crafts
4persons, and their apprentices and helpers.
5 (e) "Essential services employees" means those public
6employees performing functions so essential that the
7interruption or termination of the function will constitute a
8clear and present danger to the health and safety of the
9persons in the affected community.
10 (f) "Exclusive representative", except with respect to
11non-State fire fighters and paramedics employed by fire
12departments and fire protection districts, non-State peace
13officers, and peace officers in the Department of State Police,
14means the labor organization that has been (i) designated by
15the Board as the representative of a majority of public
16employees in an appropriate bargaining unit in accordance with
17the procedures contained in this Act, (ii) historically
18recognized by the State of Illinois or any political
19subdivision of the State before July 1, 1984 (the effective
20date of this Act) as the exclusive representative of the
21employees in an appropriate bargaining unit, (iii) after July
221, 1984 (the effective date of this Act) recognized by an
23employer upon evidence, acceptable to the Board, that the labor
24organization has been designated as the exclusive
25representative by a majority of the employees in an appropriate
26bargaining unit; (iv) recognized as the exclusive

SB1290- 3 -LRB098 07644 JDS 37716 b
1representative of personal care attendants or personal
2assistants under Executive Order 2003-8 prior to the effective
3date of this amendatory Act of the 93rd General Assembly, and
4the organization shall be considered to be the exclusive
5representative of the personal care attendants or personal
6assistants as defined in this Section; or (v) recognized as the
7exclusive representative of child and day care home providers,
8including licensed and license exempt providers, pursuant to an
9election held under Executive Order 2005-1 prior to the
10effective date of this amendatory Act of the 94th General
11Assembly, and the organization shall be considered to be the
12exclusive representative of the child and day care home
13providers as defined in this Section.
14 With respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Department
17of State Police, "exclusive representative" means the labor
18organization that has been (i) designated by the Board as the
19representative of a majority of peace officers or fire fighters
20in an appropriate bargaining unit in accordance with the
21procedures contained in this Act, (ii) historically recognized
22by the State of Illinois or any political subdivision of the
23State before January 1, 1986 (the effective date of this
24amendatory Act of 1985) as the exclusive representative by a
25majority of the peace officers or fire fighters in an
26appropriate bargaining unit, or (iii) after January 1, 1986

SB1290- 4 -LRB098 07644 JDS 37716 b
1(the effective date of this amendatory Act of 1985) recognized
2by an employer upon evidence, acceptable to the Board, that the
3labor organization has been designated as the exclusive
4representative by a majority of the peace officers or fire
5fighters in an appropriate bargaining unit.
6 Where a historical pattern of representation exists for the
7workers of a water system that was owned by a public utility,
8as defined in Section 3-105 of the Public Utilities Act, prior
9to becoming certified employees of a municipality or
10municipalities once the municipality or municipalities have
11acquired the water system as authorized in Section 11-124-5 of
12the Illinois Municipal Code, the Board shall find the labor
13organization that has historically represented the workers to
14be the exclusive representative under this Act, and shall find
15the unit represented by the exclusive representative to be the
16appropriate unit.
17 (g) "Fair share agreement" means an agreement between the
18employer and an employee organization under which all or any of
19the employees in a collective bargaining unit are required to
20pay their proportionate share of the costs of the collective
21bargaining process, contract administration, and pursuing
22matters affecting wages, hours, and other conditions of
23employment, but not to exceed the amount of dues uniformly
24required of members. The amount certified by the exclusive
25representative shall not include any fees for contributions
26related to the election or support of any candidate for

SB1290- 5 -LRB098 07644 JDS 37716 b
1political office. Nothing in this subsection (g) shall preclude
2an employee from making voluntary political contributions in
3conjunction with his or her fair share payment.
4 (g-1) "Fire fighter" means, for the purposes of this Act
5only, any person who has been or is hereafter appointed to a
6fire department or fire protection district or employed by a
7state university and sworn or commissioned to perform fire
8fighter duties or paramedic duties, except that the following
9persons are not included: part-time fire fighters, auxiliary,
10reserve or voluntary fire fighters, including paid on-call fire
11fighters, clerks and dispatchers or other civilian employees of
12a fire department or fire protection district who are not
13routinely expected to perform fire fighter duties, or elected
14officials.
15 (g-2) "General Assembly of the State of Illinois" means the
16legislative branch of the government of the State of Illinois,
17as provided for under Article IV of the Constitution of the
18State of Illinois, and includes but is not limited to the House
19of Representatives, the Senate, the Speaker of the House of
20Representatives, the Minority Leader of the House of
21Representatives, the President of the Senate, the Minority
22Leader of the Senate, the Joint Committee on Legislative
23Support Services and any legislative support services agency
24listed in the Legislative Commission Reorganization Act of
251984.
26 (h) "Governing body" means, in the case of the State, the

SB1290- 6 -LRB098 07644 JDS 37716 b
1State Panel of the Illinois Labor Relations Board, the Director
2of the Department of Central Management Services, and the
3Director of the Department of Labor; the county board in the
4case of a county; the corporate authorities in the case of a
5municipality; and the appropriate body authorized to provide
6for expenditures of its funds in the case of any other unit of
7government.
8 (i) "Labor organization" means any organization in which
9public employees participate and that exists for the purpose,
10in whole or in part, of dealing with a public employer
11concerning wages, hours, and other terms and conditions of
12employment, including the settlement of grievances.
13 (j) "Managerial employee" means an individual who is
14engaged predominantly in executive and management functions
15and is charged with the responsibility of directing the
16effectuation of management policies and practices.
17 (k) "Peace officer" means, for the purposes of this Act
18only, any persons who have been or are hereafter appointed to a
19police force, department, or agency and sworn or commissioned
20to perform police duties, except that the following persons are
21not included: part-time police officers, special police
22officers, auxiliary police as defined by Section 3.1-30-20 of
23the Illinois Municipal Code, night watchmen, "merchant
24police", court security officers as defined by Section 3-6012.1
25of the Counties Code, temporary employees, traffic guards or
26wardens, civilian parking meter and parking facilities

SB1290- 7 -LRB098 07644 JDS 37716 b
1personnel or other individuals specially appointed to aid or
2direct traffic at or near schools or public functions or to aid
3in civil defense or disaster, parking enforcement employees who
4are not commissioned as peace officers and who are not armed
5and who are not routinely expected to effect arrests, parking
6lot attendants, clerks and dispatchers or other civilian
7employees of a police department who are not routinely expected
8to effect arrests, or elected officials.
9 (l) "Person" includes one or more individuals, labor
10organizations, public employees, associations, corporations,
11legal representatives, trustees, trustees in bankruptcy,
12receivers, or the State of Illinois or any political
13subdivision of the State or governing body, but does not
14include the General Assembly of the State of Illinois or any
15individual employed by the General Assembly of the State of
16Illinois.
17 (m) "Professional employee" means any employee engaged in
18work predominantly intellectual and varied in character rather
19than routine mental, manual, mechanical or physical work;
20involving the consistent exercise of discretion and adjustment
21in its performance; of such a character that the output
22produced or the result accomplished cannot be standardized in
23relation to a given period of time; and requiring advanced
24knowledge in a field of science or learning customarily
25acquired by a prolonged course of specialized intellectual
26instruction and study in an institution of higher learning or a

SB1290- 8 -LRB098 07644 JDS 37716 b
1hospital, as distinguished from a general academic education or
2from apprenticeship or from training in the performance of
3routine mental, manual, or physical processes; or any employee
4who has completed the courses of specialized intellectual
5instruction and study prescribed in this subsection (m) and is
6performing related work under the supervision of a professional
7person to qualify to become a professional employee as defined
8in this subsection (m).
9 (n) "Public employee" or "employee", for the purposes of
10this Act, means any individual employed by a public employer,
11including (i) interns and residents at public hospitals, (ii)
12as of the effective date of this amendatory Act of the 93rd
13General Assembly, but not before, personal care attendants and
14personal assistants working under the Home Services Program
15under Section 3 of the Disabled Persons Rehabilitation Act,
16subject to the limitations set forth in this Act and in the
17Disabled Persons Rehabilitation Act, and (iii) as of the
18effective date of this amendatory Act of the 94th General
19Assembly, but not before, child and day care home providers
20participating in the child care assistance program under
21Section 9A-11 of the Illinois Public Aid Code, subject to the
22limitations set forth in this Act and in Section 9A-11 of the
23Illinois Public Aid Code, , and (iv) beginning on the effective
24date of this amendatory Act of the 98th General Assembly and
25notwithstanding any other provision of this Act, any person
26employed by a public employer and who is classified as or who

SB1290- 9 -LRB098 07644 JDS 37716 b
1holds the employment title of Civil Engineer V, Civil Engineer
2VI, Civil Engineer VII, Technical Manager I, Technical Manager
3II, Technical Manager III, Technical Manager IV, Technical
4Manager V, Technical Manager VI, Realty Specialist III, Realty
5Specialist IV, Realty Specialist V, Technical Advisor I,
6Technical Advisor II, Technical Advisor III, Technical Advisor
7IV, or Technical Advisor V, but excluding all of the following:
8employees of the General Assembly of the State of Illinois;
9elected officials; executive heads of a department; members of
10boards or commissions; the Executive Inspectors General; any
11special Executive Inspectors General; employees of each Office
12of an Executive Inspector General; commissioners and employees
13of the Executive Ethics Commission; the Auditor General's
14Inspector General; employees of the Office of the Auditor
15General's Inspector General; the Legislative Inspector
16General; any special Legislative Inspectors General; employees
17of the Office of the Legislative Inspector General;
18commissioners and employees of the Legislative Ethics
19Commission; employees of any agency, board or commission
20created by this Act; employees appointed to State positions of
21a temporary or emergency nature; all employees of school
22districts and higher education institutions except
23firefighters and peace officers employed by a state university
24and except peace officers employed by a school district in its
25own police department in existence on the effective date of
26this amendatory Act of the 96th General Assembly; managerial

SB1290- 10 -LRB098 07644 JDS 37716 b
1employees; short-term employees; confidential employees;
2independent contractors; and supervisors except as provided in
3this Act.
4 Personal care attendants and personal assistants shall not
5be considered public employees for any purposes not
6specifically provided for in the amendatory Act of the 93rd
7General Assembly, including but not limited to, purposes of
8vicarious liability in tort and purposes of statutory
9retirement or health insurance benefits. Personal care
10attendants and personal assistants shall not be covered by the
11State Employees Group Insurance Act of 1971 (5 ILCS 375/).
12 Child and day care home providers shall not be considered
13public employees for any purposes not specifically provided for
14in this amendatory Act of the 94th General Assembly, including
15but not limited to, purposes of vicarious liability in tort and
16purposes of statutory retirement or health insurance benefits.
17Child and day care home providers shall not be covered by the
18State Employees Group Insurance Act of 1971.
19 Notwithstanding Section 9, subsection (c), or any other
20provisions of this Act, all peace officers above the rank of
21captain in municipalities with more than 1,000,000 inhabitants
22shall be excluded from this Act.
23 (o) Except as otherwise in subsection (o-5), "public
24employer" or "employer" means the State of Illinois; any
25political subdivision of the State, unit of local government or
26school district; authorities including departments, divisions,

SB1290- 11 -LRB098 07644 JDS 37716 b
1bureaus, boards, commissions, or other agencies of the
2foregoing entities; and any person acting within the scope of
3his or her authority, express or implied, on behalf of those
4entities in dealing with its employees. As of the effective
5date of the amendatory Act of the 93rd General Assembly, but
6not before, the State of Illinois shall be considered the
7employer of the personal care attendants and personal
8assistants working under the Home Services Program under
9Section 3 of the Disabled Persons Rehabilitation Act, subject
10to the limitations set forth in this Act and in the Disabled
11Persons Rehabilitation Act. The State shall not be considered
12to be the employer of personal care attendants and personal
13assistants for any purposes not specifically provided for in
14this amendatory Act of the 93rd General Assembly, including but
15not limited to, purposes of vicarious liability in tort and
16purposes of statutory retirement or health insurance benefits.
17Personal care attendants and personal assistants shall not be
18covered by the State Employees Group Insurance Act of 1971 (5
19ILCS 375/). As of the effective date of this amendatory Act of
20the 94th General Assembly but not before, the State of Illinois
21shall be considered the employer of the day and child care home
22providers participating in the child care assistance program
23under Section 9A-11 of the Illinois Public Aid Code, subject to
24the limitations set forth in this Act and in Section 9A-11 of
25the Illinois Public Aid Code. The State shall not be considered
26to be the employer of child and day care home providers for any

SB1290- 12 -LRB098 07644 JDS 37716 b
1purposes not specifically provided for in this amendatory Act
2of the 94th General Assembly, including but not limited to,
3purposes of vicarious liability in tort and purposes of
4statutory retirement or health insurance benefits. Child and
5day care home providers shall not be covered by the State
6Employees Group Insurance Act of 1971.
7 "Public employer" or "employer" as used in this Act,
8however, does not mean and shall not include the General
9Assembly of the State of Illinois, the Executive Ethics
10Commission, the Offices of the Executive Inspectors General,
11the Legislative Ethics Commission, the Office of the
12Legislative Inspector General, the Office of the Auditor
13General's Inspector General, and educational employers or
14employers as defined in the Illinois Educational Labor
15Relations Act, except with respect to a state university in its
16employment of firefighters and peace officers and except with
17respect to a school district in the employment of peace
18officers in its own police department in existence on the
19effective date of this amendatory Act of the 96th General
20Assembly. County boards and county sheriffs shall be designated
21as joint or co-employers of county peace officers appointed
22under the authority of a county sheriff. Nothing in this
23subsection (o) shall be construed to prevent the State Panel or
24the Local Panel from determining that employers are joint or
25co-employers.
26 (o-5) With respect to wages, fringe benefits, hours,

SB1290- 13 -LRB098 07644 JDS 37716 b
1holidays, vacations, proficiency examinations, sick leave, and
2other conditions of employment, the public employer of public
3employees who are court reporters, as defined in the Court
4Reporters Act, shall be determined as follows:
5 (1) For court reporters employed by the Cook County
6 Judicial Circuit, the chief judge of the Cook County
7 Circuit Court is the public employer and employer
8 representative.
9 (2) For court reporters employed by the 12th, 18th,
10 19th, and, on and after December 4, 2006, the 22nd 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 (3) For court reporters employed by all other judicial
15 circuits, a group consisting of the chief judges of those
16 circuits, acting jointly by majority vote, is the public
17 employer and employer representative.
18 (p) "Security employee" means an employee who is
19responsible for the supervision and control of inmates at
20correctional facilities. The term also includes other
21non-security employees in bargaining units having the majority
22of employees being responsible for the supervision and control
23of inmates at correctional facilities.
24 (q) "Short-term employee" means an employee who is employed
25for less than 2 consecutive calendar quarters during a calendar
26year and who does not have a reasonable assurance that he or

SB1290- 14 -LRB098 07644 JDS 37716 b
1she will be rehired by the same employer for the same service
2in a subsequent calendar year.
3 (r) "Supervisor" is an employee whose principal work is
4substantially different from that of his or her subordinates
5and who has authority, in the interest of the employer, to
6hire, transfer, suspend, lay off, recall, promote, discharge,
7direct, reward, or discipline employees, to adjust their
8grievances, or to effectively recommend any of those actions,
9if the exercise of that authority is not of a merely routine or
10clerical nature, but requires the consistent use of independent
11judgment. Except with respect to police employment, the term
12"supervisor" includes only those individuals who devote a
13preponderance of their employment time to exercising that
14authority, State supervisors notwithstanding. In addition, in
15determining supervisory status in police employment, rank
16shall not be determinative. The Board shall consider, as
17evidence of bargaining unit inclusion or exclusion, the common
18law enforcement policies and relationships between police
19officer ranks and certification under applicable civil service
20law, ordinances, personnel codes, or Division 2.1 of Article 10
21of the Illinois Municipal Code, but these factors shall not be
22the sole or predominant factors considered by the Board in
23determining police supervisory status.
24 Notwithstanding the provisions of the preceding paragraph,
25in determining supervisory status in fire fighter employment,
26no fire fighter shall be excluded as a supervisor who has

SB1290- 15 -LRB098 07644 JDS 37716 b
1established representation rights under Section 9 of this Act.
2Further, in new fire fighter units, employees shall consist of
3fire fighters of the rank of company officer and below. If a
4company officer otherwise qualifies as a supervisor under the
5preceding paragraph, however, he or she shall not be included
6in the fire fighter unit. If there is no rank between that of
7chief and the highest company officer, the employer may
8designate a position on each shift as a Shift Commander, and
9the persons occupying those positions shall be supervisors. All
10other ranks above that of company officer shall be supervisors.
11 (s)(1) "Unit" means a class of jobs or positions that are
12held by employees whose collective interests may suitably be
13represented by a labor organization for collective bargaining.
14Except with respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Department
17of State Police, a bargaining unit determined by the Board
18shall not include both employees and supervisors, or
19supervisors only, except as provided in paragraph (2) of this
20subsection (s) and except for bargaining units in existence on
21July 1, 1984 (the effective date of this Act). With respect to
22non-State fire fighters and paramedics employed by fire
23departments and fire protection districts, non-State peace
24officers, and peace officers in the Department of State Police,
25a bargaining unit determined by the Board shall not include
26both supervisors and nonsupervisors, or supervisors only,

SB1290- 16 -LRB098 07644 JDS 37716 b
1except as provided in paragraph (2) of this subsection (s) and
2except for bargaining units in existence on January 1, 1986
3(the effective date of this amendatory Act of 1985). A
4bargaining unit determined by the Board to contain peace
5officers shall contain no employees other than peace officers
6unless otherwise agreed to by the employer and the labor
7organization or labor organizations involved. Notwithstanding
8any other provision of this Act, a bargaining unit, including a
9historical bargaining unit, containing sworn peace officers of
10the Department of Natural Resources (formerly designated the
11Department of Conservation) shall contain no employees other
12than such sworn peace officers upon the effective date of this
13amendatory Act of 1990 or upon the expiration date of any
14collective bargaining agreement in effect upon the effective
15date of this amendatory Act of 1990 covering both such sworn
16peace officers and other employees.
17 (2) Notwithstanding the exclusion of supervisors from
18bargaining units as provided in paragraph (1) of this
19subsection (s), a public employer may agree to permit its
20supervisory employees to form bargaining units and may bargain
21with those units. This Act shall apply if the public employer
22chooses to bargain under this subsection.
23 (3) Public employees who are court reporters, as defined in
24the Court Reporters Act, shall be divided into 3 units for
25collective bargaining purposes. One unit shall be court
26reporters employed by the Cook County Judicial Circuit; one

SB1290- 17 -LRB098 07644 JDS 37716 b
1unit shall be court reporters employed by the 12th, 18th, 19th,
2and, on and after December 4, 2006, the 22nd judicial circuits;
3and one unit shall be court reporters employed by all other
4judicial circuits.
5(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11.)
6 (5 ILCS 315/6.1)
7 Sec. 6.1. Gubernatorial designation of certain public
8employment positions as excluded from collective bargaining.
9 (a) Notwithstanding any provision of this Act to the
10contrary, except subsection (e) of this Section, the Governor
11is authorized to designate up to 3,580 State employment
12positions collectively within State agencies directly
13responsible to the Governor, and, upon designation, those
14positions and employees in those positions, if any, are hereby
15excluded from the self-organization and collective bargaining
16provisions of Section 6 of this Act. Only those employment
17positions that have been certified in a bargaining unit on or
18after December 2, 2008, that have a pending petition for
19certification in a bargaining unit on the effective date of
20this amendatory Act of the 97th General Assembly, or that
21neither have been certified in a bargaining unit on or after
22December 2, 2008 nor have a pending petition for certification
23in a bargaining unit on the effective date of this amendatory
24Act of the 97th General Assembly are eligible to be designated
25by the Governor under this Section. The Governor may not

SB1290- 18 -LRB098 07644 JDS 37716 b
1designate under this Section, however, more than 1,900
2employment positions that have been certified in a bargaining
3unit on or after December 2, 2008.
4 (b) In order to properly designate a State employment
5position under this Section, the Governor shall provide in
6writing to the Board: the job title and job duties of the
7employment position; the name of the State employee currently
8in the employment position, if any; the name of the State
9agency employing the public employee; and the category under
10which the position qualifies for designation under this
11Section.
12 To qualify for designation under this Section, the
13employment position must meet one or more of the following
14requirements:
15 (1) it must authorize an employee in that position to
16 act as a legislative liaison;
17 (2) it must have a title of, or authorize a person who
18 holds that position to exercise substantially similar
19 duties as an, Agency General Counsel, Agency Chief of
20 Staff, Agency Executive Director, Agency Deputy Director,
21 Agency Chief Fiscal Officer, Agency Human Resources
22 Director, Senior Public Service Administrator, Public
23 Information Officer, or Chief Information Officer;
24 (3) it must be a Rutan-exempt, as designated by the
25 employer, position and completely exempt from jurisdiction
26 B of the Personnel Code;

SB1290- 19 -LRB098 07644 JDS 37716 b
1 (4) it must be a term appointed position pursuant to
2 Section 8b.18 or 8b.19 of the Personnel Code; or
3 (5) it must authorize an employee in that position to
4 have significant and independent discretionary authority
5 as an employee.
6 Within 60 days after the Governor makes a designation under
7this Section, the Board shall determine, in a manner that is
8consistent with the requirements of due process, whether the
9designation comports with the requirements of this Section.
10 (c) For the purposes of this Section, a person has
11significant and independent discretionary authority as an
12employee if he or she (i) is engaged in executive and
13management functions of a State agency and charged with the
14effectuation of management policies and practices of a State
15agency or represents management interests by taking or
16recommending discretionary actions that effectively control or
17implement the policy of a State agency or (ii) qualifies as a
18supervisor of a State agency as that term is defined under
19Section 152 of the National Labor Relations Act or any orders
20of the National Labor Relations Board interpreting that
21provision or decisions of courts reviewing decisions of the
22National Labor Relations Board.
23 (d) The Governor must exercise the authority afforded under
24this Section within 365 calendar days after the effective date
25of this amendatory Act of the 97th General Assembly. Any
26designation made by the Governor under this Section shall be

SB1290- 20 -LRB098 07644 JDS 37716 b
1presumed to have been properly made.
2 If the Governor chooses not to designate a position under
3this Section, then that decision does not preclude a State
4agency from otherwise challenging the certification of that
5position under this Act.
6 The qualifying categories set forth in paragraphs (1)
7through (5) of subsection (b) of this Section are operative and
8function solely within this Section and do not expand or
9restrict the scope of any other provision contained in this
10Act.
11 (e) The provisions of this Section do not apply to any
12employee who is employed by a public employer and who is
13classified as, or holds the employment title of, Civil Engineer
14V, Civil Engineer VI, Civil Engineer VII, Technical Manager I,
15Technical Manager II, Technical Manager III, Technical Manager
16IV, Technical Manager V, Technical Manager VI, Realty
17Specialist III, Realty Specialist IV, Realty Specialist V,
18Technical Advisor I, Technical Advisor II, Technical Advisor
19III, Technical Advisor IV, or Technical Advisor V.
20(Source: 09700SB1556ham002.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
feedback