Bill Text: IL SB3777 | 2011-2012 | 97th General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3777 Detail]

Download: Illinois-2011-SB3777-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3777 Introduced 2/10/2012, by Sen. William E. Brady SYNOPSIS AS INTRODUCED:
5 ILCS 315/21.1 new
20 ILCS 415/9 from Ch. 127, par. 63b109
Amends the Illinois Public Labor Relations Act. Requires any collective bargaining agreement or supplemental agreement entered into, amended, or renewed, on or after the effective date of the amendatory Act, by the Governor, or any agency, bureau, department, division, or office under the jurisdiction of the Governor, and a labor organization that represents State employees to be reduced to writing. Requires the Governor, or his or her designee, to file each agreement with the Clerk of the House of Representatives and the Secretary of the Senate. Authorizes the General Assembly, by joint resolution, to approve each agreement as a whole or to reject each agreement as a whole. Provides that an agreement shall be deemed approved if a public hearing concerning the agreement has been held and the General Assembly fails to vote to approve or reject the agreement within 30 calendar days after filing or submittal, as applicable. Sets forth other procedural requirements. Provides for the repeal of these provisions on January 13, 2015. Makes conforming changes in the Personnel Code. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
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 Illinois Public Labor Relations Act is
amended by adding Section 21.1 as follows:
(5 ILCS 315/21.1 new)
Sec. 21.1. General Assembly approval of collective
bargaining agreements with State employee unions. Any
collective bargaining agreement entered into, amended, or
renewed, on or after the effective date of this amendatory Act
of the 97th General Assembly, by the Governor, or any agency,
bureau, department, division, or office under the jurisdiction
of the Governor, and a labor organization that represents State
employees must be reduced to writing. The agreement, together
with a request for funds necessary to fully implement the
agreement and for approval of provisions of the agreement that
are in conflict with a statute or a rule of a State agency or
department, shall be filed by the Governor, or his or her
designee, with the Clerk of the House of Representatives and
the Secretary of the Senate within 10 calendar days after the
date on which the agreement is reached. By joint resolution,
the General Assembly may approve an agreement as a whole or
reject an agreement as a whole. If rejected, the matter shall

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be returned to the parties for further bargaining. Once
approved by joint resolution of the General Assembly, any
provision of an agreement need not be resubmitted by the
parties to the agreement as part of a future contract approval
process, unless changes in the language of the provision are
negotiated by the parties. Any supplemental understanding
reached between the parties containing provisions that would
supersede any statute or rule of a State agency or department,
or that would require additional State funding shall be
submitted to the Clerk of the House of Representatives and the
Secretary of the Senate and shall be approved by the General
Assembly in the same manner as an agreement. If the General
Assembly is in session when an agreement is filed, the General
Assembly shall, within 30 calendar days after the date of
filing, vote to approve or reject the agreement and hold at
least one public hearing concerning the agreement. If the
General Assembly is not in session when an agreement is filed,
the agreement shall be submitted to the Clerk of the House of
Representatives and the Secretary of the Senate within 10
calendar days after the first day of the next regular session
or special session called for that purpose, and a public
hearing concerning the agreement shall be held within 30
calendar days after the agreement is submitted. The agreement
shall be deemed approved if a public hearing concerning the
agreement has been held and the General Assembly fails to vote
to approve or reject the agreement within 30 calendar days

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after filing or submittal, as applicable. However, the
30-calendar-day period shall not begin or expire unless the
General Assembly is in regular session and shall not expire
until the requisite public hearing has been held. For the
purpose of this Section, any agreement filed with the Clerk of
the House of Representatives or Secretary of the Senate within
30 calendar days before the commencement of a regular session
of the General Assembly shall be deemed to be filed on the
first day of that session. This Section is repealed on January
13, 2015.
Section 10. The Personnel Code is amended by changing
Section 9 as follows:
(20 ILCS 415/9) (from Ch. 127, par. 63b109)
Sec. 9. Director, powers and duties. The Director, as
executive head of the Department, shall direct and supervise
all its administrative and technical activities. In addition to
the duties imposed upon him elsewhere in this law, it shall be
his duty:
(1) To apply and carry out this law and the rules adopted
thereunder.
(2) To attend meetings of the Commission.
(3) To establish and maintain a roster of all employees
subject to this Act, in which there shall be set forth, as to
each employee, the class, title, pay, status, and other

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pertinent data.
(4) To appoint, subject to the provisions of this Act, such
employees of the Department and such experts and special
assistants as may be necessary to carry out effectively this
law.
(5) Subject to such exemptions or modifications as may be
necessary to assure the continuity of federal contributions in
those agencies supported in whole or in part by federal funds,
to make appointments to vacancies; to approve all written
charges seeking discharge, demotion, or other disciplinary
measures provided in this Act and to approve transfers of
employees from one geographical area to another in the State,
in offices, positions or places of employment covered by this
Act, after consultation with the operating unit.
(6) To formulate and administer service wide policies and
programs for the improvement of employee effectiveness,
including training, safety, health, incentive recognition,
counseling, welfare and employee relations. The Department
shall formulate and administer recruitment plans and testing of
potential employees for agencies having direct contact with
significant numbers of non-English speaking or otherwise
culturally distinct persons. The Department shall require each
State agency to annually assess the need for employees with
appropriate bilingual capabilities to serve the significant
numbers of non-English speaking or culturally distinct
persons. The Department shall develop a uniform procedure for

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assessing an agency's need for employees with appropriate
bilingual capabilities. Agencies shall establish occupational
titles or designate positions as "bilingual option" for persons
having sufficient linguistic ability or cultural knowledge to
be able to render effective service to such persons. The
Department shall ensure that any such option is exercised
according to the agency's needs assessment and the requirements
of this Code. The Department shall make annual reports of the
needs assessment of each agency and the number of positions
calling for non-English linguistic ability to whom vacancy
postings were sent, and the number filled by each agency. Such
policies and programs shall be subject to approval by the
Governor. Such policies, program reports and needs assessment
reports shall be filed with the General Assembly by January 1
of each year and shall be available to the public.
The Department shall include within the report required
above the number of persons receiving the bilingual pay
supplement established by Section 8a.2 of this Code. The report
shall provide the number of persons receiving the bilingual pay
supplement for languages other than English and for signing.
The report shall also indicate the number of persons, by the
categories of Hispanic and non-Hispanic, who are receiving the
bilingual pay supplement for language skills other than
signing, in a language other than English.
(7) Subject to the requirements of Section 21.1 of the
Illinois Public Labor Relations Act, to To conduct negotiations

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affecting pay, hours of work, or other working conditions of
employees subject to this Act.
(8) To make continuing studies to improve the efficiency of
State services to the residents of Illinois, including but not
limited to those who are non-English speaking or culturally
distinct, and to report his findings and recommendations to the
Commission and the Governor.
(9) To investigate from time to time the operation and
effect of this law and the rules made thereunder and to report
his findings and recommendations to the Commission and to the
Governor.
(10) To make an annual report regarding the work of the
Department, and such special reports as he may consider
desirable, to the Commission and to the Governor, or as the
Governor or Commission may request.
(11) To conduct research and planning regarding the total
manpower needs of all offices, including the Lieutenant
Governor, Secretary of State, State Treasurer, State
Comptroller, State Superintendent of Education, and Attorney
General, and of all departments, agencies, boards, and
commissions of the executive branch, except state-supported
colleges and universities, and for that purpose to prescribe
forms for the reporting of such personnel information as the
department may request both for positions covered by this Act
and for those exempt in whole or in part.
(12) To prepare and publish a semi-annual statement showing

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the number of employees exempt and non-exempt from merit
selection in each department. This report shall be in addition
to other information on merit selection maintained for public
information under existing law.
(13) To authorize in every department or agency subject to
Jurisdiction C the use of flexible hours positions. A flexible
hours position is one that does not require an ordinary work
schedule as determined by the Department and includes but is
not limited to: 1) a part time job of 20 hours or more per week,
2) a job which is shared by 2 employees or a compressed work
week consisting of an ordinary number of working hours
performed on fewer than the number of days ordinarily required
to perform that job. The Department may define flexible time to
include other types of jobs that are defined above.
The Director and the director of each department or agency
shall together establish goals for flexible hours positions to
be available in every department or agency.
The Department shall give technical assistance to
departments and agencies in achieving their goals, and shall
report to the Governor and the General Assembly each year on
the progress of each department and agency.
When a goal of 10% of the positions in a department or
agency being available on a flexible hours basis has been
reached, the Department shall evaluate the effectiveness and
efficiency of the program and determine whether to expand the
number of positions available for flexible hours to 20%.

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When a goal of 20% of the positions in a department or
agency being available on a flexible hours basis has been
reached, the Department shall evaluate the effectiveness and
efficiency of the program and determine whether to expand the
number of positions available for flexible hours.
Each department shall develop a plan for implementation of
flexible work requirements designed to reduce the need for day
care of employees' children outside the home. Each department
shall submit a report of its plan to the Department of Central
Management Services and the General Assembly. This report shall
be submitted biennially by March 1, with the first report due
March 1, 1993.
(14) To perform any other lawful acts which he may consider
necessary or desirable to carry out the purposes and provisions
of this law.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of "An Act to revise the law in
relation to the General Assembly", approved February 25, 1874,
as amended, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.

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(Source: P.A. 86-1004; 87-552; 87-1050.)
Section 99. Effective date. This Act takes effect upon
becoming law.