Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2371 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	SB2371 Engrossed LRB103 30833 DTM 57332 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2371 Introduced 2/10/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 5 ILCS 315/3 from Ch. 48, par. 1603 Amends the Illinois Public Labor Relations Act. Provides that, beginning on the effective date of the amendatory Act, Assistant State's Attorneys, Assistant Public Defenders, and Assistant Appellate Defenders are not managerial employees for purposes of the Act. Effective immediately. LRB103 30833 DTM 57332 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2371 Introduced 2/10/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/3 from Ch. 48, par. 1603 Amends the Illinois Public Labor Relations Act. Provides that, beginning on the effective date of the amendatory Act, Assistant State's Attorneys, Assistant Public Defenders, and Assistant Appellate Defenders are not managerial employees for purposes of the Act. Effective immediately. LRB103 30833 DTM 57332 b LRB103 30833 DTM 57332 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2371 Introduced 2/10/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
	3	+	5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/3 from Ch. 48, par. 1603
	4	+	5 ILCS 315/3 from Ch. 48, par. 1603
	5	+	Amends the Illinois Public Labor Relations Act. Provides that, beginning on the effective date of the amendatory Act, Assistant State's Attorneys, Assistant Public Defenders, and Assistant Appellate Defenders are not managerial employees for purposes of the Act. Effective immediately.
	6	+	LRB103 30833 DTM 57332 b LRB103 30833 DTM 57332 b
	7	+	LRB103 30833 DTM 57332 b
	8	+	A BILL FOR
	9	+	SB2371LRB103 30833 DTM 57332 b SB2371 LRB103 30833 DTM 57332 b
	10	+	SB2371 LRB103 30833 DTM 57332 b
3	11		1 AN ACT concerning State government.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Illinois Public Labor Relations Act is
7	15		5 amended by changing Section 3 as follows:
8	16		6 (5 ILCS 315/3) (from Ch. 48, par. 1603)
9	17		7 Sec. 3. Definitions. As used in this Act, unless the
10	18		8 context otherwise requires:
11	19		9 (a) "Board" means the Illinois Labor Relations Board or,
12	20		10 with respect to a matter over which the jurisdiction of the
13	21		11 Board is assigned to the State Panel or the Local Panel under
14	22		12 Section 5, the panel having jurisdiction over the matter.
15	23		13 (b) "Collective bargaining" means bargaining over terms
16	24		14 and conditions of employment, including hours, wages, and
17	25		15 other conditions of employment, as detailed in Section 7 and
18	26		16 which are not excluded by Section 4.
19	27		17 (c) "Confidential employee" means an employee who, in the
20	28		18 regular course of his or her duties, assists and acts in a
21	29		19 confidential capacity to persons who formulate, determine, and
22	30		20 effectuate management policies with regard to labor relations
23	31		21 or who, in the regular course of his or her duties, has
24	32		22 authorized access to information relating to the effectuation
25	33		23 or review of the employer's collective bargaining policies.
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	37	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2371 Introduced 2/10/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
	38	+	5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/3 from Ch. 48, par. 1603
	39	+	5 ILCS 315/3 from Ch. 48, par. 1603
	40	+	Amends the Illinois Public Labor Relations Act. Provides that, beginning on the effective date of the amendatory Act, Assistant State's Attorneys, Assistant Public Defenders, and Assistant Appellate Defenders are not managerial employees for purposes of the Act. Effective immediately.
	41	+	LRB103 30833 DTM 57332 b LRB103 30833 DTM 57332 b
	42	+	LRB103 30833 DTM 57332 b
	43	+	A BILL FOR
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	49	+	5 ILCS 315/3 from Ch. 48, par. 1603
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34	68		1 Determinations of confidential employee status shall be based
35	69		2 on actual employee job duties and not solely on written job
36	70		3 descriptions.
37	71		4 (d) "Craft employees" means skilled journeymen, crafts
38	72		5 persons, and their apprentices and helpers.
39	73		6 (e) "Essential services employees" means those public
40	74		7 employees performing functions so essential that the
41	75		8 interruption or termination of the function will constitute a
42	76		9 clear and present danger to the health and safety of the
43	77		10 persons in the affected community.
44	78		11 (f) "Exclusive representative", except with respect to
45	79		12 non-State fire fighters and paramedics employed by fire
46	80		13 departments and fire protection districts, non-State peace
47	81		14 officers, and peace officers in the Illinois State Police,
48	82		15 means the labor organization that has been (i) designated by
49	83		16 the Board as the representative of a majority of public
50	84		17 employees in an appropriate bargaining unit in accordance with
51	85		18 the procedures contained in this Act; (ii) historically
52	86		19 recognized by the State of Illinois or any political
53	87		20 subdivision of the State before July 1, 1984 (the effective
54	88		21 date of this Act) as the exclusive representative of the
55	89		22 employees in an appropriate bargaining unit; (iii) after July
56	90		23 1, 1984 (the effective date of this Act) recognized by an
57	91		24 employer upon evidence, acceptable to the Board, that the
58	92		25 labor organization has been designated as the exclusive
59	93		26 representative by a majority of the employees in an
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70	104		1 appropriate bargaining unit; (iv) recognized as the exclusive
71	105		2 representative of personal assistants under Executive Order
72	106		3 2003-8 prior to July 16, 2003 (the effective date of Public Act
73	107		4 93-204), and the organization shall be considered to be the
74	108		5 exclusive representative of the personal assistants as defined
75	109		6 in this Section; or (v) recognized as the exclusive
76	110		7 representative of child and day care home providers, including
77	111		8 licensed and license exempt providers, pursuant to an election
78	112		9 held under Executive Order 2005-1 prior to January 1, 2006
79	113		10 (the effective date of Public Act 94-320), and the
80	114		11 organization shall be considered to be the exclusive
81	115		12 representative of the child and day care home providers as
82	116		13 defined in this Section.
83	117		14 With respect to non-State fire fighters and paramedics
84	118		15 employed by fire departments and fire protection districts,
85	119		16 non-State peace officers, and peace officers in the Illinois
86	120		17 State Police, "exclusive representative" means the labor
87	121		18 organization that has been (i) designated by the Board as the
88	122		19 representative of a majority of peace officers or fire
89	123		20 fighters in an appropriate bargaining unit in accordance with
90	124		21 the procedures contained in this Act, (ii) historically
91	125		22 recognized by the State of Illinois or any political
92	126		23 subdivision of the State before January 1, 1986 (the effective
93	127		24 date of this amendatory Act of 1985) as the exclusive
94	128		25 representative by a majority of the peace officers or fire
95	129		26 fighters in an appropriate bargaining unit, or (iii) after
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106	140		1 January 1, 1986 (the effective date of this amendatory Act of
107	141		2 1985) recognized by an employer upon evidence, acceptable to
108	142		3 the Board, that the labor organization has been designated as
109	143		4 the exclusive representative by a majority of the peace
110	144		5 officers or fire fighters in an appropriate bargaining unit.
111	145		6 Where a historical pattern of representation exists for
112	146		7 the workers of a water system that was owned by a public
113	147		8 utility, as defined in Section 3-105 of the Public Utilities
114	148		9 Act, prior to becoming certified employees of a municipality
115	149		10 or municipalities once the municipality or municipalities have
116	150		11 acquired the water system as authorized in Section 11-124-5 of
117	151		12 the Illinois Municipal Code, the Board shall find the labor
118	152		13 organization that has historically represented the workers to
119	153		14 be the exclusive representative under this Act, and shall find
120	154		15 the unit represented by the exclusive representative to be the
121	155		16 appropriate unit.
122	156		17 (g) "Fair share agreement" means an agreement between the
123	157		18 employer and an employee organization under which all or any
124	158		19 of the employees in a collective bargaining unit are required
125	159		20 to pay their proportionate share of the costs of the
126	160		21 collective bargaining process, contract administration, and
127	161		22 pursuing matters affecting wages, hours, and other conditions
128	162		23 of employment, but not to exceed the amount of dues uniformly
129	163		24 required of members. The amount certified by the exclusive
130	164		25 representative shall not include any fees for contributions
131	165		26 related to the election or support of any candidate for
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142	176		1 political office. Nothing in this subsection (g) shall
143	177		2 preclude an employee from making voluntary political
144	178		3 contributions in conjunction with his or her fair share
145	179		4 payment.
146	180		5 (g-1) "Fire fighter" means, for the purposes of this Act
147	181		6 only, any person who has been or is hereafter appointed to a
148	182		7 fire department or fire protection district or employed by a
149	183		8 state university and sworn or commissioned to perform fire
150	184		9 fighter duties or paramedic duties, including paramedics
151	185		10 employed by a unit of local government, except that the
152	186		11 following persons are not included: part-time fire fighters,
153	187		12 auxiliary, reserve or voluntary fire fighters, including paid
154	188		13 on-call fire fighters, clerks and dispatchers or other
155	189		14 civilian employees of a fire department or fire protection
156	190		15 district who are not routinely expected to perform fire
157	191		16 fighter duties, or elected officials.
158	192		17 (g-2) "General Assembly of the State of Illinois" means
159	193		18 the legislative branch of the government of the State of
160	194		19 Illinois, as provided for under Article IV of the Constitution
161	195		20 of the State of Illinois, and includes, but is not limited to,
162	196		21 the House of Representatives, the Senate, the Speaker of the
163	197		22 House of Representatives, the Minority Leader of the House of
164	198		23 Representatives, the President of the Senate, the Minority
165	199		24 Leader of the Senate, the Joint Committee on Legislative
166	200		25 Support Services, and any legislative support services agency
167	201		26 listed in the Legislative Commission Reorganization Act of
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178	212		1 1984.
179	213		2 (h) "Governing body" means, in the case of the State, the
180	214		3 State Panel of the Illinois Labor Relations Board, the
181	215		4 Director of the Department of Central Management Services, and
182	216		5 the Director of the Department of Labor; the county board in
183	217		6 the case of a county; the corporate authorities in the case of
184	218		7 a municipality; and the appropriate body authorized to provide
185	219		8 for expenditures of its funds in the case of any other unit of
186	220		9 government.
187	221		10 (i) "Labor organization" means any organization in which
188	222		11 public employees participate and that exists for the purpose,
189	223		12 in whole or in part, of dealing with a public employer
190	224		13 concerning wages, hours, and other terms and conditions of
191	225		14 employment, including the settlement of grievances.
192	226		15 (i-5) "Legislative liaison" means a person who is an
193	227		16 employee of a State agency, the Attorney General, the
194	228		17 Secretary of State, the Comptroller, or the Treasurer, as the
195	229		18 case may be, and whose job duties require the person to
196	230		19 regularly communicate in the course of his or her employment
197	231		20 with any official or staff of the General Assembly of the State
198	232		21 of Illinois for the purpose of influencing any legislative
199	233		22 action.
200	234		23 (j) "Managerial employee" means an individual who is
201	235		24 engaged predominantly in executive and management functions
202	236		25 and is charged with the responsibility of directing the
203	237		26 effectuation of management policies and practices.
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214	248		1 Determination of managerial employee status shall be based on
215	249		2 actual employee job duties and not solely on written job
216	250		3 descriptions. With respect only to State employees in
217	251		4 positions under the jurisdiction of the Attorney General,
218	252		5 Secretary of State, Comptroller, or Treasurer (i) that were
219	253		6 certified in a bargaining unit on or after December 2, 2008,
220	254		7 (ii) for which a petition is filed with the Illinois Public
221	255		8 Labor Relations Board on or after April 5, 2013 (the effective
222	256		9 date of Public Act 97-1172), or (iii) for which a petition is
223	257		10 pending before the Illinois Public Labor Relations Board on
224	258		11 that date, "managerial employee" means an individual who is
225	259		12 engaged in executive and management functions or who is
226	260		13 charged with the effectuation of management policies and
227	261		14 practices or who represents management interests by taking or
228	262		15 recommending discretionary actions that effectively control or
229	263		16 implement policy. Nothing in this definition prohibits an
230	264		17 individual from also meeting the definition of "supervisor"
231	265		18 under subsection (r) of this Section. Notwithstanding any
232	266		19 other provision of this Act, beginning on the effective date
233	267		20 of this amendatory Act of the 103rd General Assembly,
234	268		21 "managerial employee" does not include Assistant State's
235		-	22 Attorneys, Assistant Public Defenders, Assistant Appellate
236		-	23 Defenders~~, Assistant Appellate Prosecutors, or attorneys in~~
237		-	24 the ~~office~~ of ~~the Cook County Public Guardian so long as the~~
238		-	25 ~~duties and responsibilities performed by~~ a ~~given position do~~
239		-	26 ~~not otherwise establish those Assistant State's Attorneys,~~
	269	+	22 Attorneys, Assistant Public Defenders, or Assistant Appellate
	270	+	23 Defenders.
	271	+	24 (k) "Peace officer" means, for the purposes of this Act
	272	+	25 only, any persons who have been or are hereafter appointed to a
	273	+	26 police force, department, or agency and sworn or commissioned
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250		-	1 ~~Assistant Public Defenders~~, ~~Assistant Appellate Prosecutors,~~
251		-	2 ~~Assistant Appellate Defenders~~, ~~or attorneys in the office of~~
252		-	3 ~~the Cook County Public Guardian~~ as ~~managerial employees as~~
253		-	4 ~~defined in this Act. Assistant State's Attorneys~~, ~~Assistant~~
254		-	5 ~~Public Defenders~~, ~~Assistant Appellate Prosecutors,~~ ~~Assistant~~
255		-	6 ~~Appellate Defenders, and attorneys in the office~~ of the ~~Cook~~
256		-	7 ~~County Public Guardian shall not be determined to be~~
257		-	8 ~~managerial employees as a matter of law.~~
258		-	9 ~~(k) "Peace~~ ~~officer" means,~~ ~~for the purposes of this Act~~
259		-	10 ~~only, any persons who have been~~ or ~~are hereafter appointed to a~~
260		-	11 ~~police force,~~ ~~department, or agency~~ and ~~sworn or commissioned~~
261		-	12 to ~~perform police duties, except that the following persons~~
262		-	13 ~~are not included: part-time police officers~~, ~~special police~~
263		-	14 ~~officers, auxiliary~~ police ~~as defined by Section 3.1-30-20 of~~
264		-	15 ~~the Illinois Municipal Code~~, ~~night watchmen,~~ ~~"merchant~~
265		-	16 ~~police~~", ~~court security officers as defined by Section~~
266		-	17 ~~3-6012.1 of the Counties Code~~, ~~temporary~~ employees, ~~traffic~~
267		-	18 ~~guards or wardens~~, ~~civilian parking meter and parking~~
268		-	19 ~~facilities personnel~~ or ~~other individuals specially appointed~~
269		-	20 ~~to aid~~ or ~~direct traffic at or near schools or public functions~~
270		-	21 ~~or to aid in civil defense~~ or ~~disaster, parking enforcement~~
271		-	22 ~~employees who are not commissioned as peace officers and who~~
272		-	23 ~~are not armed and who are not routinely expected to effect~~
273		-	24 ~~arrests, parking lot attendants,~~ ~~clerks and dispatchers or~~
274		-	25 ~~other civilian employees of a police department who are not~~
275		-	26 ~~routinely expected to effect arrests,~~ or ~~elected officials.~~
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	284	+	1 to perform police duties, except that the following persons
	285	+	2 are not included: part-time police officers, special police
	286	+	3 officers, auxiliary police as defined by Section 3.1-30-20 of
	287	+	4 the Illinois Municipal Code, night watchmen, "merchant
	288	+	5 police", court security officers as defined by Section
	289	+	6 3-6012.1 of the Counties Code, temporary employees, traffic
	290	+	7 guards or wardens, civilian parking meter and parking
	291	+	8 facilities personnel or other individuals specially appointed
	292	+	9 to aid or direct traffic at or near schools or public functions
	293	+	10 or to aid in civil defense or disaster, parking enforcement
	294	+	11 employees who are not commissioned as peace officers and who
	295	+	12 are not armed and who are not routinely expected to effect
	296	+	13 arrests, parking lot attendants, clerks and dispatchers or
	297	+	14 other civilian employees of a police department who are not
	298	+	15 routinely expected to effect arrests, or elected officials.
	299	+	16 (l) "Person" includes one or more individuals, labor
	300	+	17 organizations, public employees, associations, corporations,
	301	+	18 legal representatives, trustees, trustees in bankruptcy,
	302	+	19 receivers, or the State of Illinois or any political
	303	+	20 subdivision of the State or governing body, but does not
	304	+	21 include the General Assembly of the State of Illinois or any
	305	+	22 individual employed by the General Assembly of the State of
	306	+	23 Illinois.
	307	+	24 (m) "Professional employee" means any employee engaged in
	308	+	25 work predominantly intellectual and varied in character rather
	309	+	26 than routine mental, manual, mechanical or physical work;
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286		-	1 ~~(l) "Person" includes one or more individuals,~~ ~~labor~~
287		-	2 ~~organizations, public employees,~~ ~~associations, corporations,~~
288		-	3 ~~legal representatives,~~ ~~trustees, trustees~~ in ~~bankruptcy,~~
289		-	4 ~~receivers, or the State~~ of ~~Illinois or any political~~
290		-	5 ~~subdivision~~ of ~~the State~~ or ~~governing body, but does not~~
291		-	6 ~~include the General Assembly~~ of ~~the State of Illinois or any~~
292		-	7 ~~individual employed by the General Assembly~~ of ~~the State of~~
293		-	8 ~~Illinois.~~
294		-	9 ~~(m) "Professional~~ ~~employee" means any employee engaged~~ in
295		-	10 ~~work predominantly intellectual and varied in character rather~~
296		-	11 ~~than routine mental,~~ ~~manual, mechanical or physical work;~~
297		-	12 ~~involving the consistent exercise of discretion~~ and ~~adjustment~~
298		-	13 ~~in its performance;~~ of ~~such~~ a ~~character that the output~~
299		-	14 ~~produced or the result accomplished cannot be standardized in~~
300		-	15 ~~relation to a given period of time; and requiring advanced~~
301		-	16 ~~knowledge in a field of science~~ or ~~learning customarily~~
302		-	17 ~~acquired~~ by a ~~prolonged course of specialized intellectual~~
303		-	18 ~~instruction~~ and ~~study in an institution of higher learning or~~
304		-	19 ~~a hospital~~, ~~as distinguished from a general academic education~~
305		-	20 ~~or from apprenticeship or from training in~~ the ~~performance of~~
306		-	21 ~~routine mental,~~ ~~manual, or physical processes;~~ ~~or any employee~~
307		-	22 ~~who has completed~~ the ~~courses of specialized intellectual~~
308		-	23 ~~instruction and study prescribed~~ in this ~~subsection (m)~~ and is
309		-	24 ~~performing related work under the supervision~~ of a
310		-	25 ~~professional person to qualify to become a professional~~
311		-	26 ~~employee as defined~~ in ~~this subsection (m).~~
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	320	+	1 involving the consistent exercise of discretion and adjustment
	321	+	2 in its performance; of such a character that the output
	322	+	3 produced or the result accomplished cannot be standardized in
	323	+	4 relation to a given period of time; and requiring advanced
	324	+	5 knowledge in a field of science or learning customarily
	325	+	6 acquired by a prolonged course of specialized intellectual
	326	+	7 instruction and study in an institution of higher learning or
	327	+	8 a hospital, as distinguished from a general academic education
	328	+	9 or from apprenticeship or from training in the performance of
	329	+	10 routine mental, manual, or physical processes; or any employee
	330	+	11 who has completed the courses of specialized intellectual
	331	+	12 instruction and study prescribed in this subsection (m) and is
	332	+	13 performing related work under the supervision of a
	333	+	14 professional person to qualify to become a professional
	334	+	15 employee as defined in this subsection (m).
	335	+	16 (n) "Public employee" or "employee", for the purposes of
	336	+	17 this Act, means any individual employed by a public employer,
	337	+	18 including (i) interns and residents at public hospitals, (ii)
	338	+	19 as of July 16, 2003 (the effective date of Public Act 93-204),
	339	+	20 but not before, personal assistants working under the Home
	340	+	21 Services Program under Section 3 of the Rehabilitation of
	341	+	22 Persons with Disabilities Act, subject to the limitations set
	342	+	23 forth in this Act and in the Rehabilitation of Persons with
	343	+	24 Disabilities Act, (iii) as of January 1, 2006 (the effective
	344	+	25 date of Public Act 94-320), but not before, child and day care
	345	+	26 home providers participating in the child care assistance
312	346
313	347
314	348
315	349
316	350
317		-	SB2371 ~~Engrossed~~ - 9 - LRB103 30833 DTM 57332 b
	351	+	SB2371 - 9 - LRB103 30833 DTM 57332 b
318	352
319	353
320		-	SB2371 ~~Engrossed~~- 10 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 10 - LRB103 30833 DTM 57332 b
321		-	SB2371 ~~Engrossed~~ - 10 - LRB103 30833 DTM 57332 b
322		-	1 ~~(n) "Public~~ ~~employee" or "employee", for~~ the ~~purposes of~~
323		-	2 this Act~~, means any individual employed by a public employer,~~
324		-	3 ~~including (i) interns and residents at~~ public ~~hospitals~~, (ii)
325		-	4 ~~as of July 16, 2003~~ (the effective date of Public Act ~~93-204~~),
326		-	5 ~~but not before~~, ~~personal assistants working under the Home~~
327		-	6 ~~Services Program under Section 3 of the Rehabilitation of~~
328		-	7 ~~Persons with Disabilities Act,~~ ~~subject to the limitations set~~
329		-	8 ~~forth in this Act and in~~ the ~~Rehabilitation of Persons with~~
330		-	9 Disabilities Act, ~~(iii) as of January 1, 2006 (the effective~~
331		-	10 ~~date of Public Act 94-320), but not before, child and day care~~
332		-	11 ~~home providers participating in~~ the ~~child care assistance~~
333		-	12 ~~program under Section 9A-11~~ ~~of the Illinois Public Aid Code~~,
334		-	13 ~~subject to~~ the ~~limitations set forth in this Act and in Section~~
335		-	14 ~~9A-11~~ of ~~the Illinois Public Aid Code, (iv) as of January 29,~~
336		-	15 ~~2013 (the~~ ~~effective date of~~ Public ~~Act 97-1158), but not~~
337		-	16 ~~before except~~ as ~~otherwise provided in this subsection (n),~~
338		-	17 ~~home care and home health workers who function as personal~~
339		-	18 ~~assistants and individual maintenance home health workers and~~
340		-	19 who ~~also work under the Home Services Program under Section 3~~
341		-	20 of the ~~Rehabilitation~~ of ~~Persons with Disabilities Act~~, no
342		-	21 ~~matter whether the State provides those services through~~
343		-	22 ~~direct fee-for-service arrangements~~, ~~with the assistance of a~~
344		-	23 ~~managed care organization or other intermediary~~, ~~or otherwise~~,
345		-	24 ~~(v) beginning on July 19~~, ~~2013 (the~~ ~~effective date of Public~~
346		-	25 ~~Act 98-100) and notwithstanding any other provision of this~~
347		-	26 ~~Act~~, ~~any person~~ employed by ~~a public employer and who is~~
	354	+	SB2371- 10 -LRB103 30833 DTM 57332 b SB2371 - 10 - LRB103 30833 DTM 57332 b
	355	+	SB2371 - 10 - LRB103 30833 DTM 57332 b
	356	+	1 program under Section 9A-11 of the Illinois Public Aid Code,
	357	+	2 subject to the limitations set forth in this Act and in Section
	358	+	3 9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
	359	+	4 2013 (the effective date of Public Act 97-1158), but not
	360	+	5 before except as otherwise provided in this subsection (n),
	361	+	6 home care and home health workers who function as personal
	362	+	7 assistants and individual maintenance home health workers and
	363	+	8 who also work under the Home Services Program under Section 3
	364	+	9 of the Rehabilitation of Persons with Disabilities Act, no
	365	+	10 matter whether the State provides those services through
	366	+	11 direct fee-for-service arrangements, with the assistance of a
	367	+	12 managed care organization or other intermediary, or otherwise,
	368	+	13 (v) beginning on July 19, 2013 (the effective date of Public
	369	+	14 Act 98-100) and notwithstanding any other provision of this
	370	+	15 Act, any person employed by a public employer and who is
	371	+	16 classified as or who holds the employment title of Chief
	372	+	17 Stationary Engineer, Assistant Chief Stationary Engineer,
	373	+	18 Sewage Plant Operator, Water Plant Operator, Stationary
	374	+	19 Engineer, Plant Operating Engineer, and any other employee who
	375	+	20 holds the position of: Civil Engineer V, Civil Engineer VI,
	376	+	21 Civil Engineer VII, Technical Manager I, Technical Manager II,
	377	+	22 Technical Manager III, Technical Manager IV, Technical Manager
	378	+	23 V, Technical Manager VI, Realty Specialist III, Realty
	379	+	24 Specialist IV, Realty Specialist V, Technical Advisor I,
	380	+	25 Technical Advisor II, Technical Advisor III, Technical Advisor
	381	+	26 IV, or Technical Advisor V employed by the Department of
348	382
349	383
350	384
351	385
352	386
353		-	SB2371 ~~Engrossed~~ - 10 - LRB103 30833 DTM 57332 b
	387	+	SB2371 - 10 - LRB103 30833 DTM 57332 b
354	388
355	389
356		-	SB2371 ~~Engrossed~~- 11 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 11 - LRB103 30833 DTM 57332 b
357		-	SB2371 ~~Engrossed~~ - 11 - LRB103 30833 DTM 57332 b
358		-	1 ~~classified as or~~ who ~~holds the employment title of Chief~~
359		-	2 ~~Stationary Engineer~~, ~~Assistant Chief Stationary Engineer,~~
360		-	3 ~~Sewage Plant Operator~~, ~~Water Plant Operator~~, ~~Stationary~~
361		-	4 ~~Engineer, Plant Operating Engineer,~~ and any ~~other employee who~~
362		-	5 ~~holds the position~~ of~~: Civil Engineer V~~, ~~Civil Engineer VI,~~
363		-	6 ~~Civil Engineer VII,~~ ~~Technical Manager I,~~ ~~Technical Manager II,~~
364		-	7 ~~Technical Manager III,~~ ~~Technical Manager IV,~~ ~~Technical Manager~~
365		-	8 V, ~~Technical Manager VI,~~ ~~Realty Specialist III,~~ ~~Realty~~
366		-	9 ~~Specialist IV,~~ ~~Realty Specialist V,~~ ~~Technical Advisor I,~~
367		-	10 ~~Technical Advisor II~~, ~~Technical Advisor III, Technical Advisor~~
368		-	11 ~~IV, or Technical Advisor V employed by~~ the Department of
369		-	12 ~~Transportation~~ who ~~is in a~~ position ~~which is certified in a~~
370		-	13 ~~bargaining unit on or before July 19~~, ~~2013 (~~the ~~effective date~~
371		-	14 ~~of Public Act 98-100), and (vi) beginning on July 19, 2013 (the~~
372		-	15 ~~effective date of Public Act 98-100)~~ and ~~notwithstanding any~~
373		-	16 ~~other provision~~ of ~~this Act~~, ~~any mental health administrator~~
374		-	17 in the ~~Department~~ of ~~Corrections who is classified as or who~~
375		-	18 ~~holds~~ the ~~position~~ of ~~Public Service Administrator (Option~~
376		-	19 ~~8K), any employee~~ of ~~the Office~~ of ~~the Inspector General in the~~
377		-	20 ~~Department of Human Services who is classified as or who holds~~
378		-	21 ~~the position~~ of ~~Public Service Administrator (Option 7), any~~
379		-	22 ~~Deputy~~ of ~~Intelligence in the Department of Corrections who is~~
380		-	23 ~~classified as or who holds~~ the ~~position of Public Service~~
381		-	24 ~~Administrator (Option~~ ~~7), and any employee~~ of the ~~Illinois~~
382		-	25 ~~State Police who handles issues concerning~~ the ~~Illinois State~~
383		-	26 ~~Police Sex Offender Registry and who is classified as or holds~~
	390	+	SB2371- 11 -LRB103 30833 DTM 57332 b SB2371 - 11 - LRB103 30833 DTM 57332 b
	391	+	SB2371 - 11 - LRB103 30833 DTM 57332 b
	392	+	1 Transportation who is in a position which is certified in a
	393	+	2 bargaining unit on or before July 19, 2013 (the effective date
	394	+	3 of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
	395	+	4 effective date of Public Act 98-100) and notwithstanding any
	396	+	5 other provision of this Act, any mental health administrator
	397	+	6 in the Department of Corrections who is classified as or who
	398	+	7 holds the position of Public Service Administrator (Option
	399	+	8 8K), any employee of the Office of the Inspector General in the
	400	+	9 Department of Human Services who is classified as or who holds
	401	+	10 the position of Public Service Administrator (Option 7), any
	402	+	11 Deputy of Intelligence in the Department of Corrections who is
	403	+	12 classified as or who holds the position of Public Service
	404	+	13 Administrator (Option 7), and any employee of the Illinois
	405	+	14 State Police who handles issues concerning the Illinois State
	406	+	15 Police Sex Offender Registry and who is classified as or holds
	407	+	16 the position of Public Service Administrator (Option 7), but
	408	+	17 excluding all of the following: employees of the General
	409	+	18 Assembly of the State of Illinois; elected officials;
	410	+	19 executive heads of a department; members of boards or
	411	+	20 commissions; the Executive Inspectors General; any special
	412	+	21 Executive Inspectors General; employees of each Office of an
	413	+	22 Executive Inspector General; commissioners and employees of
	414	+	23 the Executive Ethics Commission; the Auditor General's
	415	+	24 Inspector General; employees of the Office of the Auditor
	416	+	25 General's Inspector General; the Legislative Inspector
	417	+	26 General; any special Legislative Inspectors General; employees
384	418
385	419
386	420
387	421
388	422
389		-	SB2371 ~~Engrossed~~ - 11 - LRB103 30833 DTM 57332 b
	423	+	SB2371 - 11 - LRB103 30833 DTM 57332 b
390	424
391	425
392		-	SB2371 ~~Engrossed~~- 12 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 12 - LRB103 30833 DTM 57332 b
393		-	SB2371 ~~Engrossed~~ - 12 - LRB103 30833 DTM 57332 b
394		-	1 the ~~position~~ of ~~Public Service Administrator (Option 7), but~~
395		-	2 ~~excluding all of the following:~~ employees of the ~~General~~
396		-	3 ~~Assembly~~ of ~~the State of Illinois;~~ ~~elected officials;~~
397		-	4 ~~executive heads~~ of ~~a department; members of boards or~~
398		-	5 ~~commissions~~; ~~the Executive Inspectors General; any special~~
399		-	6 ~~Executive Inspectors General;~~ ~~employees of each Office of an~~
400		-	7 ~~Executive Inspector General; commissioners~~ and ~~employees of~~
401		-	8 ~~the Executive Ethics Commission;~~ ~~the Auditor General's~~
402		-	9 ~~Inspector General;~~ ~~employees of~~ the ~~Office of the Auditor~~
403		-	10 ~~General's Inspector General~~; ~~the Legislative Inspector~~
404		-	11 ~~General~~; ~~any special~~ Legislative ~~Inspectors General~~; ~~employees~~
405		-	12 of the Office of the ~~Legislative Inspector General;~~
406		-	13 ~~commissioners and employees of the Legislative Ethics~~
407		-	14 ~~Commission; employees of any agency~~, ~~board~~ or ~~commission~~
408		-	15 ~~created by this Act;~~ ~~employees appointed to State positions of~~
409		-	16 ~~a temporary~~ or ~~emergency nature; all employees of school~~
410		-	17 ~~districts and higher education institutions except~~
411		-	18 ~~firefighters and peace officers employed by a state university~~
412		-	19 ~~and except peace officers employed by a school district in its~~
413		-	20 ~~own police department in existence on July 23, 2010 (the~~
414		-	21 ~~effective date~~ of ~~Public Act 96-1257); managerial employees;~~
415		-	22 ~~short-term employees;~~ ~~legislative liaisons; a person~~ who ~~is a~~
416		-	23 ~~State employee under the jurisdiction of the Office of the~~
417		-	24 ~~Attorney General who is licensed to practice law~~ or ~~whose~~
418		-	25 ~~position authorizes,~~ ~~either directly or indirectly,~~ ~~meaningful~~
419		-	26 ~~input into government decision-making~~ on ~~issues where there~~ is
	426	+	SB2371- 12 -LRB103 30833 DTM 57332 b SB2371 - 12 - LRB103 30833 DTM 57332 b
	427	+	SB2371 - 12 - LRB103 30833 DTM 57332 b
	428	+	1 of the Office of the Legislative Inspector General;
	429	+	2 commissioners and employees of the Legislative Ethics
	430	+	3 Commission; employees of any agency, board or commission
	431	+	4 created by this Act; employees appointed to State positions of
	432	+	5 a temporary or emergency nature; all employees of school
	433	+	6 districts and higher education institutions except
	434	+	7 firefighters and peace officers employed by a state university
	435	+	8 and except peace officers employed by a school district in its
	436	+	9 own police department in existence on July 23, 2010 (the
	437	+	10 effective date of Public Act 96-1257); managerial employees;
	438	+	11 short-term employees; legislative liaisons; a person who is a
	439	+	12 State employee under the jurisdiction of the Office of the
	440	+	13 Attorney General who is licensed to practice law or whose
	441	+	14 position authorizes, either directly or indirectly, meaningful
	442	+	15 input into government decision-making on issues where there is
	443	+	16 room for principled disagreement on goals or their
	444	+	17 implementation; a person who is a State employee under the
	445	+	18 jurisdiction of the Office of the Comptroller who holds the
	446	+	19 position of Public Service Administrator or whose position is
	447	+	20 otherwise exempt under the Comptroller Merit Employment Code;
	448	+	21 a person who is a State employee under the jurisdiction of the
	449	+	22 Secretary of State who holds the position classification of
	450	+	23 Executive I or higher, whose position authorizes, either
	451	+	24 directly or indirectly, meaningful input into government
	452	+	25 decision-making on issues where there is room for principled
	453	+	26 disagreement on goals or their implementation, or who is
420	454
421	455
422	456
423	457
424	458
425		-	SB2371 ~~Engrossed~~ - 12 - LRB103 30833 DTM 57332 b
	459	+	SB2371 - 12 - LRB103 30833 DTM 57332 b
426	460
427	461
428		-	SB2371 ~~Engrossed~~- 13 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 13 - LRB103 30833 DTM 57332 b
429		-	SB2371 ~~Engrossed~~ - 13 - LRB103 30833 DTM 57332 b
430		-	1 ~~room for principled disagreement on goals or their~~
431		-	2 ~~implementation~~; ~~a person~~ who ~~is a State employee under the~~
432		-	3 jurisdiction of the ~~Office~~ of ~~the Comptroller who holds the~~
433		-	4 ~~position of Public Service Administrator or whose position is~~
434		-	5 ~~otherwise exempt under~~ the ~~Comptroller Merit Employment Code;~~
435		-	6 a person who is a State employee under the ~~jurisdiction of the~~
436		-	7 ~~Secretary~~ of ~~State~~ who holds ~~the~~ position ~~classification of~~
437		-	8 ~~Executive I or higher,~~ ~~whose position authorizes,~~ ~~either~~
438		-	9 ~~directly~~ or ~~indirectly~~, ~~meaningful input into government~~
439		-	10 ~~decision-making on issues where there is room for principled~~
440		-	11 ~~disagreement on goals or their implementation~~, ~~or who is~~
441		-	12 ~~otherwise exempt under the Secretary of State Merit Employment~~
442		-	13 ~~Code; employees in the Office of the Secretary of State who are~~
443		-	14 ~~completely exempt from jurisdiction B of the Secretary of~~
444		-	15 ~~State Merit Employment Code and who are~~ in ~~Rutan-exempt~~
445		-	16 ~~positions on or after April 5,~~ ~~2013 (the~~ ~~effective date of~~
446		-	17 ~~Public Act 97-1172); a person who is~~ a State ~~employee under the~~
447		-	18 ~~jurisdiction of~~ the ~~Treasurer who holds a position that is~~
448		-	19 exempt from the ~~State Treasurer Employment~~ Code~~; any employee~~
449		-	20 of a ~~State agency who (i) holds the title or position of, or~~
450		-	21 ~~exercises substantially similar duties as~~ a ~~legislative~~
451		-	22 ~~liaison,~~ Agency ~~General Counsel,~~ ~~Agency Chief of Staff, Agency~~
452		-	23 ~~Executive Director,~~ ~~Agency Deputy Director,~~ ~~Agency Chief~~
453		-	24 ~~Fiscal Officer,~~ ~~Agency Human Resources Director,~~ ~~Public~~
454		-	25 ~~Information Officer,~~ ~~or Chief Information Officer and (ii) was~~
455		-	26 ~~neither included in a bargaining unit nor subject~~ to ~~an active~~
	462	+	SB2371- 13 -LRB103 30833 DTM 57332 b SB2371 - 13 - LRB103 30833 DTM 57332 b
	463	+	SB2371 - 13 - LRB103 30833 DTM 57332 b
	464	+	1 otherwise exempt under the Secretary of State Merit Employment
	465	+	2 Code; employees in the Office of the Secretary of State who are
	466	+	3 completely exempt from jurisdiction B of the Secretary of
	467	+	4 State Merit Employment Code and who are in Rutan-exempt
	468	+	5 positions on or after April 5, 2013 (the effective date of
	469	+	6 Public Act 97-1172); a person who is a State employee under the
	470	+	7 jurisdiction of the Treasurer who holds a position that is
	471	+	8 exempt from the State Treasurer Employment Code; any employee
	472	+	9 of a State agency who (i) holds the title or position of, or
	473	+	10 exercises substantially similar duties as a legislative
	474	+	11 liaison, Agency General Counsel, Agency Chief of Staff, Agency
	475	+	12 Executive Director, Agency Deputy Director, Agency Chief
	476	+	13 Fiscal Officer, Agency Human Resources Director, Public
	477	+	14 Information Officer, or Chief Information Officer and (ii) was
	478	+	15 neither included in a bargaining unit nor subject to an active
	479	+	16 petition for certification in a bargaining unit; any employee
	480	+	17 of a State agency who (i) is in a position that is
	481	+	18 Rutan-exempt, as designated by the employer, and completely
	482	+	19 exempt from jurisdiction B of the Personnel Code and (ii) was
	483	+	20 neither included in a bargaining unit nor subject to an active
	484	+	21 petition for certification in a bargaining unit; any term
	485	+	22 appointed employee of a State agency pursuant to Section 8b.18
	486	+	23 or 8b.19 of the Personnel Code who was neither included in a
	487	+	24 bargaining unit nor subject to an active petition for
	488	+	25 certification in a bargaining unit; any employment position
	489	+	26 properly designated pursuant to Section 6.1 of this Act;
456	490
457	491
458	492
459	493
460	494
461		-	SB2371 ~~Engrossed~~ - 13 - LRB103 30833 DTM 57332 b
	495	+	SB2371 - 13 - LRB103 30833 DTM 57332 b
462	496
463	497
464		-	SB2371 ~~Engrossed~~- 14 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 14 - LRB103 30833 DTM 57332 b
465		-	SB2371 ~~Engrossed~~ - 14 - LRB103 30833 DTM 57332 b
466		-	1 ~~petition for certification in a bargaining unit~~; ~~any employee~~
467		-	2 ~~of a State agency who (i) is~~ in ~~a position that is~~
468		-	3 ~~Rutan-exempt,~~ as ~~designated by the employer, and completely~~
469		-	4 ~~exempt from jurisdiction B of the Personnel Code~~ and ~~(ii) was~~
470		-	5 ~~neither included in a bargaining unit nor subject to an active~~
471		-	6 ~~petition for certification in a bargaining unit;~~ ~~any term~~
472		-	7 ~~appointed employee of a State agency pursuant to Section 8b.18~~
473		-	8 ~~or 8b.19 of the Personnel Code who was neither included~~ in a
474		-	9 ~~bargaining unit nor subject~~ to ~~an active petition for~~
475		-	10 ~~certification~~ in ~~a bargaining unit;~~ ~~any employment position~~
476		-	11 ~~properly designated pursuant to Section 6.1 of this Act;~~
477		-	12 ~~confidential employees;~~ ~~independent contractors;~~ and
478		-	13 ~~supervisors except as provided in this Act.~~
479		-	14 ~~Home care and home health workers who function as personal~~
480		-	15 ~~assistants and individual maintenance home health workers and~~
481		-	16 ~~who also work under the Home Services Program under Section 3~~
482		-	17 ~~of the Rehabilitation of Persons with Disabilities Act~~ shall
483		-	18 ~~not be considered~~ public employees for any purposes not
484		-	19 ~~specifically provided~~ for in Public Act ~~93-204 or Public Act~~
485		-	20 ~~97-1158, including, but not limited to,~~ purposes of vicarious
486		-	21 ~~liability in tort and purposes of~~ statutory retirement or
487		-	22 ~~health insurance benefits.~~ Home ~~care and home health workers~~
488		-	23 ~~who function as personal assistants and individual maintenance~~
489		-	24 ~~home health workers and who also work under the Home Services~~
490		-	25 ~~Program under Section 3~~ of the ~~Rehabilitation~~ of ~~Persons with~~
491		-	26 ~~Disabilities Act shall not be covered by the State Employees~~
	498	+	SB2371- 14 -LRB103 30833 DTM 57332 b SB2371 - 14 - LRB103 30833 DTM 57332 b
	499	+	SB2371 - 14 - LRB103 30833 DTM 57332 b
	500	+	1 confidential employees; independent contractors; and
	501	+	2 supervisors except as provided in this Act.
	502	+	3 Home care and home health workers who function as personal
	503	+	4 assistants and individual maintenance home health workers and
	504	+	5 who also work under the Home Services Program under Section 3
	505	+	6 of the Rehabilitation of Persons with Disabilities Act shall
	506	+	7 not be considered public employees for any purposes not
	507	+	8 specifically provided for in Public Act 93-204 or Public Act
	508	+	9 97-1158, including, but not limited to, purposes of vicarious
	509	+	10 liability in tort and purposes of statutory retirement or
	510	+	11 health insurance benefits. Home care and home health workers
	511	+	12 who function as personal assistants and individual maintenance
	512	+	13 home health workers and who also work under the Home Services
	513	+	14 Program under Section 3 of the Rehabilitation of Persons with
	514	+	15 Disabilities Act shall not be covered by the State Employees
	515	+	16 Group Insurance Act of 1971.
	516	+	17 Child and day care home providers shall not be considered
	517	+	18 public employees for any purposes not specifically provided
	518	+	19 for in Public Act 94-320, including, but not limited to,
	519	+	20 purposes of vicarious liability in tort and purposes of
	520	+	21 statutory retirement or health insurance benefits. Child and
	521	+	22 day care home providers shall not be covered by the State
	522	+	23 Employees Group Insurance Act of 1971.
	523	+	24 Notwithstanding Section 9, subsection (c), or any other
	524	+	25 provisions of this Act, all peace officers above the rank of
	525	+	26 captain in municipalities with more than 1,000,000 inhabitants
492	526
493	527
494	528
495	529
496	530
497		-	SB2371 ~~Engrossed~~ - 14 - LRB103 30833 DTM 57332 b
	531	+	SB2371 - 14 - LRB103 30833 DTM 57332 b
498	532
499	533
500		-	SB2371 ~~Engrossed~~- 15 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 15 - LRB103 30833 DTM 57332 b
501		-	SB2371 ~~Engrossed~~ - 15 - LRB103 30833 DTM 57332 b
502		-	1 ~~Group Insurance~~ Act ~~of 1971~~.
503		-	2 ~~Child and day care home providers shall not be considered~~
504		-	3 ~~public employees for~~ any ~~purposes not specifically provided~~
505		-	4 ~~for in Public Act 94-320~~, ~~including, but not limited to,~~
506		-	5 ~~purposes of vicarious liability in tort and purposes of~~
507		-	6 ~~statutory retirement~~ or ~~health insurance benefits. Child and~~
508		-	7 ~~day care home providers shall not be covered by~~ the ~~State~~
509		-	8 ~~Employees Group Insurance Act~~ of ~~1971.~~
510		-	9 ~~Notwithstanding Section 9~~, ~~subsection (c), or any other~~
511		-	10 ~~provisions~~ of ~~this~~ Act, ~~all peace officers above~~ the ~~rank of~~
512		-	11 ~~captain in municipalities with more than 1,000,000 inhabitants~~
513		-	12 ~~shall be excluded from this Act.~~
514		-	13 ~~(o) Except as otherwise in subsection (o-5), "public~~
515		-	14 ~~employer" or "employer" means~~ the ~~State of Illinois;~~ ~~any~~
516		-	15 ~~political subdivision~~ of ~~the State,~~ ~~unit of local government~~
517		-	16 ~~or school district;~~ ~~authorities including departments,~~
518		-	17 ~~divisions~~, ~~bureaus, boards,~~ ~~commissions, or other agencies of~~
519		-	18 ~~the foregoing entities; and any person acting within~~ the ~~scope~~
520		-	19 ~~of his or her authority,~~ ~~express or implied,~~ ~~on behalf of those~~
521		-	20 ~~entities in dealing with its employees.~~ ~~As of July 16, 2003~~
522		-	21 (the ~~effective date of Public Act 93-204), but not before, the~~
523		-	22 ~~State of Illinois shall be considered the employer~~ of the
524		-	23 ~~personal assistants working under~~ the ~~Home~~ Services ~~Program~~
525		-	24 ~~under Section 3~~ of ~~the Rehabilitation of Persons with~~
526		-	25 ~~Disabilities Act~~, ~~subject to the limitations set forth in this~~
527		-	26 Act and in the ~~Rehabilitation of Persons with Disabilities~~
	534	+	SB2371- 15 -LRB103 30833 DTM 57332 b SB2371 - 15 - LRB103 30833 DTM 57332 b
	535	+	SB2371 - 15 - LRB103 30833 DTM 57332 b
	536	+	1 shall be excluded from this Act.
	537	+	2 (o) Except as otherwise in subsection (o-5), "public
	538	+	3 employer" or "employer" means the State of Illinois; any
	539	+	4 political subdivision of the State, unit of local government
	540	+	5 or school district; authorities including departments,
	541	+	6 divisions, bureaus, boards, commissions, or other agencies of
	542	+	7 the foregoing entities; and any person acting within the scope
	543	+	8 of his or her authority, express or implied, on behalf of those
	544	+	9 entities in dealing with its employees. As of July 16, 2003
	545	+	10 (the effective date of Public Act 93-204), but not before, the
	546	+	11 State of Illinois shall be considered the employer of the
	547	+	12 personal assistants working under the Home Services Program
	548	+	13 under Section 3 of the Rehabilitation of Persons with
	549	+	14 Disabilities Act, subject to the limitations set forth in this
	550	+	15 Act and in the Rehabilitation of Persons with Disabilities
	551	+	16 Act. As of January 29, 2013 (the effective date of Public Act
	552	+	17 97-1158), but not before except as otherwise provided in this
	553	+	18 subsection (o), the State shall be considered the employer of
	554	+	19 home care and home health workers who function as personal
	555	+	20 assistants and individual maintenance home health workers and
	556	+	21 who also work under the Home Services Program under Section 3
	557	+	22 of the Rehabilitation of Persons with Disabilities Act, no
	558	+	23 matter whether the State provides those services through
	559	+	24 direct fee-for-service arrangements, with the assistance of a
	560	+	25 managed care organization or other intermediary, or otherwise,
	561	+	26 but subject to the limitations set forth in this Act and the
528	562
529	563
530	564
531	565
532	566
533		-	SB2371 ~~Engrossed~~ - 15 - LRB103 30833 DTM 57332 b
	567	+	SB2371 - 15 - LRB103 30833 DTM 57332 b
534	568
535	569
536		-	SB2371 ~~Engrossed~~- 16 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 16 - LRB103 30833 DTM 57332 b
537		-	SB2371 ~~Engrossed~~ - 16 - LRB103 30833 DTM 57332 b
538		-	1 Act. ~~As of January 29, 2013 (~~the ~~effective date of Public Act~~
539		-	2 ~~97-1158), but~~ not ~~before except as otherwise provided in this~~
540		-	3 ~~subsection (o), the State shall be considered the employer of~~
541		-	4 ~~home care and~~ home health workers who ~~function as personal~~
542		-	5 ~~assistants and individual maintenance~~ home ~~health workers and~~
543		-	6 ~~who also work under the Home Services Program under Section 3~~
544		-	7 ~~of the Rehabilitation of Persons with Disabilities~~ Act~~, no~~
545		-	8 ~~matter whether the State provides those services through~~
546		-	9 ~~direct fee-for-service arrangements,~~ ~~with the assistance~~ of a
547		-	10 ~~managed~~ care ~~organization or other intermediary, or otherwise,~~
548		-	11 ~~but subject to the limitations set forth in this Act~~ and ~~the~~
549		-	12 ~~Rehabilitation of Persons with Disabilities Act.~~ ~~The State~~
550		-	13 ~~shall not be considered to be~~ the ~~employer~~ of ~~home care and~~
551		-	14 ~~home health workers who function as personal assistants and~~
552		-	15 ~~individual maintenance home health workers and who also work~~
553		-	16 ~~under~~ the ~~Home Services Program under Section 3~~ of ~~the~~
554		-	17 ~~Rehabilitation~~ of ~~Persons with Disabilities Act,~~ ~~for any~~
555		-	18 ~~purposes not specifically provided for in Public Act 93-204 or~~
556		-	19 ~~Public Act 97-1158, including but not limited to, purposes of~~
557		-	20 ~~vicarious liability in tort and purposes~~ of ~~statutory~~
558		-	21 ~~retirement or health insurance benefits.~~ ~~Home care~~ and ~~home~~
559		-	22 ~~health workers who function as personal assistants and~~
560		-	23 ~~individual maintenance~~ home ~~health workers and who also work~~
561		-	24 ~~under the Home Services Program under Section 3 of the~~
562		-	25 ~~Rehabilitation~~ of ~~Persons with Disabilities Act shall not be~~
563		-	26 ~~covered by the State Employees Group Insurance Act~~ of ~~1971. As~~
	570	+	SB2371- 16 -LRB103 30833 DTM 57332 b SB2371 - 16 - LRB103 30833 DTM 57332 b
	571	+	SB2371 - 16 - LRB103 30833 DTM 57332 b
	572	+	1 Rehabilitation of Persons with Disabilities Act. The State
	573	+	2 shall not be considered to be the employer of home care and
	574	+	3 home health workers who function as personal assistants and
	575	+	4 individual maintenance home health workers and who also work
	576	+	5 under the Home Services Program under Section 3 of the
	577	+	6 Rehabilitation of Persons with Disabilities Act, for any
	578	+	7 purposes not specifically provided for in Public Act 93-204 or
	579	+	8 Public Act 97-1158, including but not limited to, purposes of
	580	+	9 vicarious liability in tort and purposes of statutory
	581	+	10 retirement or health insurance benefits. Home care and home
	582	+	11 health workers who function as personal assistants and
	583	+	12 individual maintenance home health workers and who also work
	584	+	13 under the Home Services Program under Section 3 of the
	585	+	14 Rehabilitation of Persons with Disabilities Act shall not be
	586	+	15 covered by the State Employees Group Insurance Act of 1971. As
	587	+	16 of January 1, 2006 (the effective date of Public Act 94-320),
	588	+	17 but not before, the State of Illinois shall be considered the
	589	+	18 employer of the day and child care home providers
	590	+	19 participating in the child care assistance program under
	591	+	20 Section 9A-11 of the Illinois Public Aid Code, subject to the
	592	+	21 limitations set forth in this Act and in Section 9A-11 of the
	593	+	22 Illinois Public Aid Code. The State shall not be considered to
	594	+	23 be the employer of child and day care home providers for any
	595	+	24 purposes not specifically provided for in Public Act 94-320,
	596	+	25 including, but not limited to, purposes of vicarious liability
	597	+	26 in tort and purposes of statutory retirement or health
564	598
565	599
566	600
567	601
568	602
569		-	SB2371 ~~Engrossed~~ - 16 - LRB103 30833 DTM 57332 b
	603	+	SB2371 - 16 - LRB103 30833 DTM 57332 b
570	604
571	605
572		-	SB2371 ~~Engrossed~~- 17 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 17 - LRB103 30833 DTM 57332 b
573		-	SB2371 ~~Engrossed~~ - 17 - LRB103 30833 DTM 57332 b
574		-	1 ~~of January 1,~~ ~~2006 (the~~ ~~effective date of Public Act 94-320),~~
575		-	2 ~~but~~ not ~~before,~~ the State of ~~Illinois shall be considered the~~
576		-	3 ~~employer of the day and child care home providers~~
577		-	4 ~~participating~~ in ~~the child care assistance program under~~
578		-	5 ~~Section 9A-11~~ of the ~~Illinois Public Aid Code, subject to the~~
579		-	6 ~~limitations set forth in this Act and in Section 9A-11~~ of the
580		-	7 ~~Illinois Public Aid Code.~~ The ~~State shall not be considered to~~
581		-	8 be the ~~employer~~ of ~~child and day care home providers for any~~
582		-	9 ~~purposes not specifically provided for in Public Act 94-320,~~
583		-	10 ~~including~~, ~~but not limited to, purposes~~ of ~~vicarious liability~~
584		-	11 ~~in tort~~ and ~~purposes of statutory retirement or health~~
585		-	12 ~~insurance benefits.~~ ~~Child and day care home providers shall~~
586		-	13 ~~not be covered by the~~ State ~~Employees Group Insurance Act~~ of
587		-	14 ~~1971.~~
588		-	15 ~~"Public employer" or "employer" as used in this~~ Act,
589		-	16 ~~however, does not mean~~ and ~~shall not include the General~~
590		-	17 ~~Assembly~~ of ~~the State of Illinois, the Executive Ethics~~
591		-	18 ~~Commission~~, ~~the Offices of the Executive Inspectors General,~~
592		-	19 the ~~Legislative Ethics Commission, the Office~~ of ~~the~~
593		-	20 ~~Legislative Inspector General,~~ ~~the Office of the Auditor~~
594		-	21 ~~General's Inspector General, the Office~~ of ~~the Governor,~~ the
595		-	22 ~~Governor's Office~~ of ~~Management and Budget,~~ ~~the Illinois~~
596		-	23 ~~Finance Authority,~~ the ~~Office of~~ the ~~Lieutenant Governor, the~~
597		-	24 ~~State Board of Elections, and educational~~ employers or
598		-	25 employers ~~as defined in the Illinois Educational Labor~~
599		-	26 ~~Relations Act, except~~ with respect to ~~a state university in~~
	606	+	SB2371- 17 -LRB103 30833 DTM 57332 b SB2371 - 17 - LRB103 30833 DTM 57332 b
	607	+	SB2371 - 17 - LRB103 30833 DTM 57332 b
	608	+	1 insurance benefits. Child and day care home providers shall
	609	+	2 not be covered by the State Employees Group Insurance Act of
	610	+	3 1971.
	611	+	4 "Public employer" or "employer" as used in this Act,
	612	+	5 however, does not mean and shall not include the General
	613	+	6 Assembly of the State of Illinois, the Executive Ethics
	614	+	7 Commission, the Offices of the Executive Inspectors General,
	615	+	8 the Legislative Ethics Commission, the Office of the
	616	+	9 Legislative Inspector General, the Office of the Auditor
	617	+	10 General's Inspector General, the Office of the Governor, the
	618	+	11 Governor's Office of Management and Budget, the Illinois
	619	+	12 Finance Authority, the Office of the Lieutenant Governor, the
	620	+	13 State Board of Elections, and educational employers or
	621	+	14 employers as defined in the Illinois Educational Labor
	622	+	15 Relations Act, except with respect to a state university in
	623	+	16 its employment of firefighters and peace officers and except
	624	+	17 with respect to a school district in the employment of peace
	625	+	18 officers in its own police department in existence on July 23,
	626	+	19 2010 (the effective date of Public Act 96-1257). County boards
	627	+	20 and county sheriffs shall be designated as joint or
	628	+	21 co-employers of county peace officers appointed under the
	629	+	22 authority of a county sheriff. Nothing in this subsection (o)
	630	+	23 shall be construed to prevent the State Panel or the Local
	631	+	24 Panel from determining that employers are joint or
	632	+	25 co-employers.
	633	+	26 (o-5) With respect to wages, fringe benefits, hours,
600	634
601	635
602	636
603	637
604	638
605		-	SB2371 ~~Engrossed~~ - 17 - LRB103 30833 DTM 57332 b
	639	+	SB2371 - 17 - LRB103 30833 DTM 57332 b
606	640
607	641
608		-	SB2371 ~~Engrossed~~- 18 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 18 - LRB103 30833 DTM 57332 b
609		-	SB2371 ~~Engrossed~~ - 18 - LRB103 30833 DTM 57332 b
610		-	1 ~~its employment of firefighters~~ and ~~peace officers and except~~
611		-	2 ~~with respect to a school district in~~ the ~~employment~~ of ~~peace~~
612		-	3 ~~officers~~ in ~~its own police department in existence on July 23,~~
613		-	4 ~~2010 (the effective date of Public~~ Act ~~96-1257). County boards~~
614		-	5 ~~and~~ county ~~sheriffs shall be designated as joint or~~
615		-	6 ~~co-employers~~ of county ~~peace officers appointed under the~~
616		-	7 ~~authority of a county sheriff.~~ ~~Nothing in this subsection (o)~~
617		-	8 ~~shall be construed to prevent the State Panel or the Local~~
618		-	9 ~~Panel from determining that employers are joint or~~
619		-	10 ~~co-employers.~~
620		-	11 ~~(o-5) With respect to wages~~, ~~fringe benefits,~~ ~~hours,~~
621		-	12 ~~holidays~~, ~~vacations~~, ~~proficiency examinations, sick leave, and~~
622		-	13 ~~other conditions of employment, the~~ public employer ~~of public~~
623		-	14 ~~employees who are~~ court reporters~~, as defined in the Court~~
624		-	15 ~~Reporters Act~~, ~~shall be determined as follows:~~
625		-	16 ~~(1) For court reporters employed~~ by the ~~Cook County~~
626		-	17 ~~Judicial Circuit,~~ ~~the chief judge of the Cook County~~
627		-	18 ~~Circuit Court~~ is ~~the public employer and employer~~
628		-	19 ~~representative.~~
629		-	20 ~~(2) For court reporters employed by~~ the ~~12th, 18th,~~
630		-	21 ~~19th, and,~~ ~~on and after December 4, 2006,~~ the ~~22nd~~
631		-	22 ~~judicial circuits,~~ ~~a group consisting of~~ the ~~chief judges~~
632		-	23 of ~~those circuits,~~ ~~acting jointly by majority vote, is the~~
633		-	24 ~~public employer and employer representative.~~
634		-	25 ~~(3)~~ For ~~court reporters employed by all other judicial~~
635		-	26 ~~circuits,~~ a ~~group consisting of the chief judges of those~~
	642	+	SB2371- 18 -LRB103 30833 DTM 57332 b SB2371 - 18 - LRB103 30833 DTM 57332 b
	643	+	SB2371 - 18 - LRB103 30833 DTM 57332 b
	644	+	1 holidays, vacations, proficiency examinations, sick leave, and
	645	+	2 other conditions of employment, the public employer of public
	646	+	3 employees who are court reporters, as defined in the Court
	647	+	4 Reporters Act, shall be determined as follows:
	648	+	5 (1) For court reporters employed by the Cook County
	649	+	6 Judicial Circuit, the chief judge of the Cook County
	650	+	7 Circuit Court is the public employer and employer
	651	+	8 representative.
	652	+	9 (2) For court reporters employed by the 12th, 18th,
	653	+	10 19th, and, on and after December 4, 2006, the 22nd
	654	+	11 judicial circuits, a group consisting of the chief judges
	655	+	12 of those circuits, acting jointly by majority vote, is the
	656	+	13 public employer and employer representative.
	657	+	14 (3) For court reporters employed by all other judicial
	658	+	15 circuits, a group consisting of the chief judges of those
	659	+	16 circuits, acting jointly by majority vote, is the public
	660	+	17 employer and employer representative.
	661	+	18 (p) "Security employee" means an employee who is
	662	+	19 responsible for the supervision and control of inmates at
	663	+	20 correctional facilities. The term also includes other
	664	+	21 non-security employees in bargaining units having the majority
	665	+	22 of employees being responsible for the supervision and control
	666	+	23 of inmates at correctional facilities.
	667	+	24 (q) "Short-term employee" means an employee who is
	668	+	25 employed for less than 2 consecutive calendar quarters during
	669	+	26 a calendar year and who does not have a reasonable assurance
636	670
637	671
638	672
639	673
640	674
641		-	SB2371 ~~Engrossed~~ - 18 - LRB103 30833 DTM 57332 b
	675	+	SB2371 - 18 - LRB103 30833 DTM 57332 b
642	676
643	677
644		-	SB2371 ~~Engrossed~~- 19 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 19 - LRB103 30833 DTM 57332 b
645		-	SB2371 ~~Engrossed~~ - 19 - LRB103 30833 DTM 57332 b
646		-	1 ~~circuits, acting jointly~~ by ~~majority vote,~~ is the ~~public~~
647		-	2 ~~employer and employer representative~~.
648		-	3 (p) "~~Security employee~~" means an ~~employee who is~~
649		-	4 ~~responsible for~~ the ~~supervision and control~~ of ~~inmates at~~
650		-	5 ~~correctional facilities.~~ The ~~term also includes other~~
651		-	6 ~~non-security employees in bargaining units having~~ the ~~majority~~
652		-	7 ~~of employees being responsible for~~ the ~~supervision and~~ control
653		-	8 ~~of inmates at correctional facilities.~~
654		-	9 ~~(q) "Short-term employee" means an employee who is~~
655		-	10 ~~employed for less than 2 consecutive calendar quarters during~~
656		-	11 ~~a calendar year and who does not have a reasonable assurance~~
657		-	12 that he or ~~she will be rehired by the same employer for the~~
658		-	13 ~~same service~~ in ~~a subsequent calendar year.~~
659		-	14 ~~(q-5) "State~~ ~~agency" means an agency directly responsible~~
660		-	15 to ~~the Governor, as defined in Section 3.1 of the Executive~~
661		-	16 ~~Reorganization Implementation Act~~, ~~and the Illinois Commerce~~
662		-	17 ~~Commission~~, the ~~Illinois Workers'~~ ~~Compensation Commission,~~ ~~the~~
663		-	18 ~~Civil Service Commission~~, ~~the Pollution Control Board,~~ the
664		-	19 ~~Illinois Racing Board,~~ ~~and the Illinois State Police Merit~~
665		-	20 ~~Board.~~
666		-	21 ~~(r) "Supervisor" is:~~
667		-	22 ~~(1) An employee whose principal work is substantially~~
668		-	23 ~~different from that~~ of ~~his or her subordinates and who has~~
669		-	24 ~~authority, in the interest of the employer,~~ ~~to hire,~~
670		-	25 ~~transfer, suspend,~~ ~~lay off,~~ ~~recall, promote,~~ ~~discharge,~~
671		-	26 ~~direct, reward,~~ ~~or discipline employees,~~ ~~to adjust their~~
	678	+	SB2371- 19 -LRB103 30833 DTM 57332 b SB2371 - 19 - LRB103 30833 DTM 57332 b
	679	+	SB2371 - 19 - LRB103 30833 DTM 57332 b
	680	+	1 that he or she will be rehired by the same employer for the
	681	+	2 same service in a subsequent calendar year.
	682	+	3 (q-5) "State agency" means an agency directly responsible
	683	+	4 to the Governor, as defined in Section 3.1 of the Executive
	684	+	5 Reorganization Implementation Act, and the Illinois Commerce
	685	+	6 Commission, the Illinois Workers' Compensation Commission, the
	686	+	7 Civil Service Commission, the Pollution Control Board, the
	687	+	8 Illinois Racing Board, and the Illinois State Police Merit
	688	+	9 Board.
	689	+	10 (r) "Supervisor" is:
	690	+	11 (1) An employee whose principal work is substantially
	691	+	12 different from that of his or her subordinates and who has
	692	+	13 authority, in the interest of the employer, to hire,
	693	+	14 transfer, suspend, lay off, recall, promote, discharge,
	694	+	15 direct, reward, or discipline employees, to adjust their
	695	+	16 grievances, or to effectively recommend any of those
	696	+	17 actions, if the exercise of that authority is not of a
	697	+	18 merely routine or clerical nature, but requires the
	698	+	19 consistent use of independent judgment. Except with
	699	+	20 respect to police employment, the term "supervisor"
	700	+	21 includes only those individuals who devote a preponderance
	701	+	22 of their employment time to exercising that authority,
	702	+	23 State supervisors notwithstanding. Determinations of
	703	+	24 supervisor status shall be based on actual employee job
	704	+	25 duties and not solely on written job descriptions. Nothing
	705	+	26 in this definition prohibits an individual from also
672	706
673	707
674	708
675	709
676	710
677		-	SB2371 ~~Engrossed~~ - 19 - LRB103 30833 DTM 57332 b
	711	+	SB2371 - 19 - LRB103 30833 DTM 57332 b
678	712
679	713
680		-	SB2371 ~~Engrossed~~- 20 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 20 - LRB103 30833 DTM 57332 b
681		-	SB2371 ~~Engrossed~~ - 20 - LRB103 30833 DTM 57332 b
682		-	1 ~~grievances, or to effectively recommend any~~ of ~~those~~
683		-	2 ~~actions, if the exercise~~ of ~~that authority is not of a~~
684		-	3 ~~merely routine or clerical nature~~, ~~but requires the~~
685		-	4 ~~consistent use of independent judgment~~. ~~Except with~~
686		-	5 ~~respect to police employment~~, the ~~term "supervisor"~~
687		-	6 ~~includes only those individuals who devote a preponderance~~
688		-	7 ~~of their employment time to exercising that authority,~~
689		-	8 ~~State supervisors notwithstanding.~~ ~~Determinations of~~
690		-	9 ~~supervisor status shall be based on actual employee job~~
691		-	10 ~~duties and~~ not ~~solely on written job descriptions. Nothing~~
692		-	11 in ~~this definition prohibits an individual from also~~
693		-	12 ~~meeting the definition of "managerial employee" under~~
694		-	13 ~~subsection (j)~~ of ~~this Section. In addition, in~~
695		-	14 determining supervisory status in ~~police employment, rank~~
696		-	15 shall ~~not~~ be ~~determinative. The Board shall consider,~~ as
697		-	16 ~~evidence of bargaining unit inclusion or exclusion, the~~
698		-	17 ~~common law enforcement policies and relationships between~~
699		-	18 ~~police officer ranks and certification under applicable~~
700		-	19 ~~civil service law,~~ ~~ordinances, personnel codes,~~ or
701		-	20 ~~Division 2.1 of Article 10 of the Illinois Municipal Code,~~
702		-	21 ~~but these factors shall not be the sole~~ or ~~predominant~~
703		-	22 ~~factors considered by the Board in determining police~~
704		-	23 ~~supervisory status.~~
705		-	24 ~~Notwithstanding the provisions of the preceding~~
706		-	25 ~~paragraph,~~ in ~~determining supervisory status in~~ fire
707		-	26 ~~fighter employment~~, ~~no fire fighter shall be excluded as a~~
	714	+	SB2371- 20 -LRB103 30833 DTM 57332 b SB2371 - 20 - LRB103 30833 DTM 57332 b
	715	+	SB2371 - 20 - LRB103 30833 DTM 57332 b
	716	+	1 meeting the definition of "managerial employee" under
	717	+	2 subsection (j) of this Section. In addition, in
	718	+	3 determining supervisory status in police employment, rank
	719	+	4 shall not be determinative. The Board shall consider, as
	720	+	5 evidence of bargaining unit inclusion or exclusion, the
	721	+	6 common law enforcement policies and relationships between
	722	+	7 police officer ranks and certification under applicable
	723	+	8 civil service law, ordinances, personnel codes, or
	724	+	9 Division 2.1 of Article 10 of the Illinois Municipal Code,
	725	+	10 but these factors shall not be the sole or predominant
	726	+	11 factors considered by the Board in determining police
	727	+	12 supervisory status.
	728	+	13 Notwithstanding the provisions of the preceding
	729	+	14 paragraph, in determining supervisory status in fire
	730	+	15 fighter employment, no fire fighter shall be excluded as a
	731	+	16 supervisor who has established representation rights under
	732	+	17 Section 9 of this Act. Further, in fire fighter units,
	733	+	18 employees shall consist of fire fighters of the highest
	734	+	19 rank of company officer and below. A company officer may
	735	+	20 be responsible for multiple companies or apparatus on a
	736	+	21 shift, multiple stations, or an entire shift. There may be
	737	+	22 more than one company officer per shift. If a company
	738	+	23 officer otherwise qualifies as a supervisor under the
	739	+	24 preceding paragraph, however, he or she shall not be
	740	+	25 included in the fire fighter unit. If there is no rank
	741	+	26 between that of chief and the highest company officer, the
708	742
709	743
710	744
711	745
712	746
713		-	SB2371 ~~Engrossed~~ - 20 - LRB103 30833 DTM 57332 b
	747	+	SB2371 - 20 - LRB103 30833 DTM 57332 b
714	748
715	749
716		-	SB2371 ~~Engrossed~~- 21 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 21 - LRB103 30833 DTM 57332 b
717		-	SB2371 ~~Engrossed~~ - 21 - LRB103 30833 DTM 57332 b
718		-	1 ~~supervisor who has established representation rights under~~
719		-	2 ~~Section 9 of this Act. Further~~, ~~in fire fighter units,~~
720		-	3 ~~employees shall consist of fire fighters~~ of the highest
721		-	4 ~~rank of~~ company officer ~~and below~~. ~~A company officer may~~
722		-	5 ~~be responsible for multiple companies or apparatus on a~~
723		-	6 ~~shift~~, ~~multiple stations, or an entire shift. There may be~~
724		-	7 ~~more than one company officer per shift.~~ ~~If a company~~
725		-	8 ~~officer otherwise qualifies as~~ a ~~supervisor under the~~
726		-	9 ~~preceding paragraph~~, ~~however, he or she shall not be~~
727		-	10 ~~included in the fire fighter unit.~~ ~~If there is no rank~~
728		-	11 ~~between that~~ of ~~chief and the highest company officer~~, ~~the~~
729		-	12 ~~employer may designate~~ a ~~position on each shift as a Shift~~
730		-	13 ~~Commander~~, ~~and the persons occupying those positions shall~~
731		-	14 ~~be supervisors.~~ ~~All other ranks above that~~ of the ~~highest~~
732		-	15 ~~company officer shall be supervisors.~~
733		-	16 ~~(2) With respect only to State employees in positions~~
734		-	17 ~~under the jurisdiction~~ of the ~~Attorney General, Secretary~~
735		-	18 ~~of State,~~ ~~Comptroller, or Treasurer (i) that were~~
736		-	19 ~~certified in~~ a ~~bargaining unit on~~ or ~~after December 2,~~
737		-	20 ~~2008, (ii) for which a petition is filed with the Illinois~~
738		-	21 ~~Public~~ Labor ~~Relations Board on or after April 5, 2013~~
739		-	22 ~~(the effective date of Public Act 97-1172), or (iii) for~~
740		-	23 ~~which a petition is pending before the Illinois Public~~
741		-	24 ~~Labor Relations Board on that date~~, ~~an employee who~~
742		-	25 ~~qualifies as~~ a ~~supervisor under (A) Section 152 of~~ the
743		-	26 ~~National Labor Relations Act~~ and ~~(B) orders of the~~
	750	+	SB2371- 21 -LRB103 30833 DTM 57332 b SB2371 - 21 - LRB103 30833 DTM 57332 b
	751	+	SB2371 - 21 - LRB103 30833 DTM 57332 b
	752	+	1 employer may designate a position on each shift as a Shift
	753	+	2 Commander, and the persons occupying those positions shall
	754	+	3 be supervisors. All other ranks above that of the highest
	755	+	4 company officer shall be supervisors.
	756	+	5 (2) With respect only to State employees in positions
	757	+	6 under the jurisdiction of the Attorney General, Secretary
	758	+	7 of State, Comptroller, or Treasurer (i) that were
	759	+	8 certified in a bargaining unit on or after December 2,
	760	+	9 2008, (ii) for which a petition is filed with the Illinois
	761	+	10 Public Labor Relations Board on or after April 5, 2013
	762	+	11 (the effective date of Public Act 97-1172), or (iii) for
	763	+	12 which a petition is pending before the Illinois Public
	764	+	13 Labor Relations Board on that date, an employee who
	765	+	14 qualifies as a supervisor under (A) Section 152 of the
	766	+	15 National Labor Relations Act and (B) orders of the
	767	+	16 National Labor Relations Board interpreting that provision
	768	+	17 or decisions of courts reviewing decisions of the National
	769	+	18 Labor Relations Board.
	770	+	19 (s)(1) "Unit" means a class of jobs or positions that are
	771	+	20 held by employees whose collective interests may suitably be
	772	+	21 represented by a labor organization for collective bargaining.
	773	+	22 Except with respect to non-State fire fighters and paramedics
	774	+	23 employed by fire departments and fire protection districts,
	775	+	24 non-State peace officers, and peace officers in the Illinois
	776	+	25 State Police, a bargaining unit determined by the Board shall
	777	+	26 not include both employees and supervisors, or supervisors
744	778
745	779
746	780
747	781
748	782
749		-	SB2371 ~~Engrossed~~ - 21 - LRB103 30833 DTM 57332 b
	783	+	SB2371 - 21 - LRB103 30833 DTM 57332 b
750	784
751	785
752		-	SB2371 ~~Engrossed~~- 22 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 22 - LRB103 30833 DTM 57332 b
753		-	SB2371 ~~Engrossed~~ - 22 - LRB103 30833 DTM 57332 b
754		-	1 ~~National Labor Relations Board interpreting that provision~~
755		-	2 ~~or decisions of courts reviewing decisions of the National~~
756		-	3 ~~Labor Relations Board~~.
757		-	4 ~~(s)(1) "Unit" means a class of jobs or positions that are~~
758		-	5 ~~held by employees whose collective interests may suitably be~~
759		-	6 ~~represented by~~ a ~~labor organization for collective bargaining.~~
760		-	7 ~~Except with respect to non-State~~ ~~fire fighters and paramedics~~
761		-	8 ~~employed by fire departments~~ and ~~fire protection districts~~,
762		-	9 ~~non-State peace officers,~~ and ~~peace officers in the Illinois~~
763		-	10 ~~State Police, a~~ bargaining ~~unit determined by~~ the ~~Board shall~~
764		-	11 ~~not include both employees and supervisors,~~ ~~or supervisors~~
765		-	12 ~~only, except as provided in paragraph (2) of this subsection~~
766		-	13 ~~(s) and except for bargaining units in existence on July 1,~~
767		-	14 ~~1984 (~~the ~~effective date of this Act). With respect to~~
768		-	15 ~~non-State fire fighters and paramedics employed by fire~~
769		-	16 ~~departments and fire protection districts~~, ~~non-State peace~~
770		-	17 ~~officers~~, ~~and~~ peace officers ~~in the Illinois State Police, a~~
771		-	18 ~~bargaining unit determined by~~ the ~~Board shall not include both~~
772		-	19 ~~supervisors and nonsupervisors,~~ ~~or supervisors only,~~ ~~except as~~
773		-	20 ~~provided in paragraph (2)~~ of this ~~subsection (s) and except~~
774		-	21 ~~for bargaining units in existence on January 1,~~ ~~1986 (the~~
775		-	22 ~~effective date of this amendatory Act of 1985). A~~ bargaining
776		-	23 ~~unit determined by the Board to contain peace officers shall~~
777		-	24 ~~contain no employees other than~~ peace officers ~~unless~~
778		-	25 ~~otherwise agreed to by~~ the ~~employer and the labor organization~~
779		-	26 ~~or labor organizations involved.~~ ~~Notwithstanding any other~~
	786	+	SB2371- 22 -LRB103 30833 DTM 57332 b SB2371 - 22 - LRB103 30833 DTM 57332 b
	787	+	SB2371 - 22 - LRB103 30833 DTM 57332 b
	788	+	1 only, except as provided in paragraph (2) of this subsection
	789	+	2 (s) and except for bargaining units in existence on July 1,
	790	+	3 1984 (the effective date of this Act). With respect to
	791	+	4 non-State fire fighters and paramedics employed by fire
	792	+	5 departments and fire protection districts, non-State peace
	793	+	6 officers, and peace officers in the Illinois State Police, a
	794	+	7 bargaining unit determined by the Board shall not include both
	795	+	8 supervisors and nonsupervisors, or supervisors only, except as
	796	+	9 provided in paragraph (2) of this subsection (s) and except
	797	+	10 for bargaining units in existence on January 1, 1986 (the
	798	+	11 effective date of this amendatory Act of 1985). A bargaining
	799	+	12 unit determined by the Board to contain peace officers shall
	800	+	13 contain no employees other than peace officers unless
	801	+	14 otherwise agreed to by the employer and the labor organization
	802	+	15 or labor organizations involved. Notwithstanding any other
	803	+	16 provision of this Act, a bargaining unit, including a
	804	+	17 historical bargaining unit, containing sworn peace officers of
	805	+	18 the Department of Natural Resources (formerly designated the
	806	+	19 Department of Conservation) shall contain no employees other
	807	+	20 than such sworn peace officers upon the effective date of this
	808	+	21 amendatory Act of 1990 or upon the expiration date of any
	809	+	22 collective bargaining agreement in effect upon the effective
	810	+	23 date of this amendatory Act of 1990 covering both such sworn
	811	+	24 peace officers and other employees.
	812	+	25 (2) Notwithstanding the exclusion of supervisors from
	813	+	26 bargaining units as provided in paragraph (1) of this
780	814
781	815
782	816
783	817
784	818
785		-	SB2371 ~~Engrossed~~ - 22 - LRB103 30833 DTM 57332 b
	819	+	SB2371 - 22 - LRB103 30833 DTM 57332 b
786	820
787	821
788		-	SB2371 ~~Engrossed~~- 23 -LRB103 30833 DTM 57332 b SB2371 ~~Engrossed~~ - 23 - LRB103 30833 DTM 57332 b
789		-	SB2371 ~~Engrossed~~ - 23 - LRB103 30833 DTM 57332 b
790		-	1 ~~provision of this Act~~, a ~~bargaining unit,~~ ~~including a~~
791		-	2 ~~historical~~ bargaining ~~unit, containing sworn peace officers of~~
792		-	3 the ~~Department of Natural Resources (formerly designated the~~
793		-	4 ~~Department of Conservation)~~ ~~shall contain no employees other~~
794		-	5 ~~than such sworn peace officers upon the effective date of this~~
795		-	6 ~~amendatory Act of 1990 or upon~~ the ~~expiration date of any~~
796		-	7 collective bargaining ~~agreement in effect upon the effective~~
797		-	8 ~~date of this amendatory Act of 1990 covering both such sworn~~
798		-	9 ~~peace officers and other employees.~~
799		-	10 ~~(2) Notwithstanding~~ the ~~exclusion of supervisors from~~
800		-	11 ~~bargaining units as provided in paragraph (1) of this~~
801		-	12 ~~subsection (s), a public employer may agree to permit its~~
802		-	13 ~~supervisory employees to form~~ bargaining ~~units and may bargain~~
803		-	14 with ~~those units. This Act shall apply if~~ the ~~public employer~~
804		-	15 ~~chooses to bargain~~ under ~~this subsection.~~
805		-	16 ~~(3) Public employees who are court reporters, as defined~~
806		-	17 ~~in the Court Reporters Act, shall be divided into 3 units for~~
807		-	18 ~~collective bargaining purposes.~~ ~~One unit shall be court~~
808		-	19 ~~reporters employed by the Cook County Judicial Circuit~~; ~~one~~
809		-	20 ~~unit shall be court reporters employed by the 12th, 18th,~~
810		-	21 ~~19th, and,~~ ~~on and after December 4, 2006, the 22nd judicial~~
811		-	22 ~~circuits~~; ~~and one unit shall be court reporters employed by~~
812		-	23 ~~all other judicial circuits.~~
813		-	24 ~~(t) "Active~~ ~~petition for certification in a bargaining~~
814		-	25 ~~unit" means a petition for certification filed with the Board~~
815		-	26 ~~under one of the following case numbers:~~ S-RC-~~11-110~~;
	822	+	SB2371- 23 -LRB103 30833 DTM 57332 b SB2371 - 23 - LRB103 30833 DTM 57332 b
	823	+	SB2371 - 23 - LRB103 30833 DTM 57332 b
	824	+	1 subsection (s), a public employer may agree to permit its
	825	+	2 supervisory employees to form bargaining units and may bargain
	826	+	3 with those units. This Act shall apply if the public employer
	827	+	4 chooses to bargain under this subsection.
	828	+	5 (3) Public employees who are court reporters, as defined
	829	+	6 in the Court Reporters Act, shall be divided into 3 units for
	830	+	7 collective bargaining purposes. One unit shall be court
	831	+	8 reporters employed by the Cook County Judicial Circuit; one
	832	+	9 unit shall be court reporters employed by the 12th, 18th,
	833	+	10 19th, and, on and after December 4, 2006, the 22nd judicial
	834	+	11 circuits; and one unit shall be court reporters employed by
	835	+	12 all other judicial circuits.
	836	+	13 (t) "Active petition for certification in a bargaining
	837	+	14 unit" means a petition for certification filed with the Board
	838	+	15 under one of the following case numbers: S-RC-11-110;
	839	+	16 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
	840	+	17 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
	841	+	18 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
	842	+	19 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
	843	+	20 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
	844	+	21 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
	845	+	22 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
	846	+	23 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
	847	+	24 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
	848	+	25 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
	849	+	26 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
816	850
817	851
818	852
819	853
820	854
821		-	SB2371 ~~Engrossed~~ - 23 - LRB103 30833 DTM 57332 b
	855	+	SB2371 - 23 - LRB103 30833 DTM 57332 b
822	856
823	857
824		-	SB2371 Engrossed- 24 -LRB103 30833 DTM 57332 b SB2371 Engrossed - 24 - LRB103 30833 DTM 57332 b
825		-	SB2371 Engrossed - 24 - LRB103 30833 DTM 57332 b
826		-	1 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
827		-	2 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
828		-	3 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
829		-	4 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
830		-	5 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
831		-	6 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
832		-	7 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
833		-	8 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
834		-	9 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
835		-	10 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
836		-	11 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
837		-	12 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
838		-	13 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
839		-	14 S-RC-07-100.
840		-	15 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
841		-	16 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
842		-	17 Section 99. Effective date. This Act takes effect upon
843		-	18 becoming law.
	858	+	SB2371- 24 -LRB103 30833 DTM 57332 b SB2371 - 24 - LRB103 30833 DTM 57332 b
	859	+	SB2371 - 24 - LRB103 30833 DTM 57332 b
	860	+	1 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
	861	+	2 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
	862	+	3 S-RC-07-100.
	863	+	4 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
	864	+	5 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
	865	+	6 Section 99. Effective date. This Act takes effect upon
	866	+	7 becoming law.
844	867
845	868
846	869
847	870
848	871
849		-	SB2371 ~~Engrossed~~ - 24 - LRB103 30833 DTM 57332 b
	872	+	SB2371 - 24 - LRB103 30833 DTM 57332 b