HB5178 93RD GENERAL ASSEMBLY

LRB093 13402 MKM 47162 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5178

Introduced 2/5/2004, by Ricca Slone

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-12008.5 new
60 ILCS 5/100-7 new
65 ILCS 5/10-4-1.5 new
30 ILCS 805/8.28 new

Amends the Counties Code, the Township Code, and the Illinois Municipal Code. Provides that any individual who has been employed as a temporary, provisional, or probationary employee of a township, county, or municipality for at least 12 consecutive months is entitled to the same benefits offered by that unit of local government to permanent employees in the same position. Prohibits a county, township, or municipality from dismissing an employee in order to avoid compliance. Provides that the Act does not affect collective bargaining agreements in effect upon the effective date. Preempts home rule. Amends the State Mandates Act to require implementation without reimbursement by the State.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 3-12008.5 as follows:

(55 ILCS 5/3-12008.5 new)

Sec. 3-12008.5. Temporary, provisional, or probationary employees; benefits.

(a) Any individual who has been employed as a temporary, provisional, or probationary employee of a county for at least 12 consecutive months shall be entitled to the same benefits offered by the county to permanent employees in the same or a similar position. No temporary, provisional, or probationary employee shall be dismissed by a county in order to avoid compliance with this Section.

(b) This Section has no effect on any collective bargaining agreements in effect upon the effective date of this amendatory Act of the 93rd General Assembly.

(c) A home rule county may not regulate the provision of benefits to temporary, provisional, or probationary employees of the county in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 10. The Township Code is amended by adding Section 100-7 as follows:

(60 ILCS 5/100-7 new)

Sec. 100-7. Temporary, provisional, or probationary employees; benefits.

(a) Any individual who has served as a temporary, provisional, or probationary employee of a township for at least 12 consecutive months shall be entitled to the same benefits offered by the township to permanent employees in the same or a similar position. No temporary, provisional, or probationary employee shall be dismissed by a township in order to avoid compliance with this Section.

(b) This Section has no effect on any collective bargaining agreements in effect upon the effective date of this amendatory Act of the 93rd General Assembly.

Section 15. The Illinois Municipal Code is amended by adding Section 10-4-1.5 as follows:

(65 ILCS 5/10-4-1.5 new)

Sec. 10-4-1.5. Temporary, provisional, or probationary employees; benefits.

(a) Any individual who has served as a temporary, provisional, or probationary employee of a municipality for at least 12 consecutive months shall be entitled to the same benefits offered by the municipality to permanent employees in the same or a similar position. No temporary, provisional, or probationary employee shall be dismissed by the municipality in order to avoid compliance with this Section.

(b) This Section has no effect on any collective bargaining agreements in effect upon the effective date of this amendatory Act of the 93rd General Assembly.

(c) A home rule municipality may not regulate the provision of benefits to temporary, provisional, or probationary employees of the municipality in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.28 as follows:

(30 ILCS 805/8.28 new)

Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 93rd General Assembly.