HB3092eng 98TH GENERAL ASSEMBLY

HB3092 Engrossed LRB098 08573 HLH 38689 b

AN ACT concerning State government.

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

Section 3. The Personnel Code is amended by adding Section 21 as follows:

(20 ILCS 415/21 new)

Sec. 21. Extra Help appointments.

(a) An Extra Help appointment may be made by the Department of Corrections to a Corrections Nurse I or a Corrections Nurse II position which the Department of Corrections attests to be casual or emergent in nature, and which meets the following conditions:

(1) the amount of time for which the services are needed is not usually predictable;

(2) payment for work performed is usually made on an hourly basis; and

(3) the work cannot readily be assigned either on a straight time or on an overtime basis to a status employee.

(b) Persons seeking an Extra Help appointment shall meet the same qualifications as required for in status employment as a Corrections Nurse I or a Corrections Nurse II.

(c) The Department of Corrections shall fill an Extra Help position by appointing persons listed in the registry created under Section 3-2-2.3 of the Unified Code of Corrections.

(d) Acceptance or refusal to accept an Extra Help appointment by a candidate shall in no way affect the candidate's position on the registry created under Section 3-2-2.3 of the Unified Code of Corrections.

(e) An Extra Help position may be utilized for a maximum of 900 hours of actual work in any consecutive 12 calendar months. The Department of Corrections shall review the status of the position at least every three calendar months. If at any time it is found that the position has become an appointment which is other than Extra Help, the Department of Corrections shall terminate the Extra Help appointment. If an Extra Help position has accrued 900 consecutive hours, the position shall not be reestablished until 6 months time has elapsed from the date of the termination of the position.

(f) Upon working 900 hours, an Extra Help employee cannot resume employment in any Extra Help appointment within the Department of Corrections until 30 calendar days have elapsed.

(g) The Department of Corrections shall quarterly review its use of Extra Help appointments to ensure compliance with these rules.

(h) Compensation of Extra Help employees shall be within the limits established for comparable service by in status employment as a Corrections Nurse I or Corrections Nurse II.

Section 5. The Unified Code of Corrections is amended by adding Section 3-2-2.3 as follows:

(730 ILCS 5/3-2-2.3 new)

Sec. 3-2-2.3. In-house nurses registry.

(a) The Department shall establish an in-house registry of nurses classified as Corrections Nurse I or Corrections Nurse II for the purpose of improving staffing levels to minimize or eliminate the use of mandatory overtime at State-operated facilities. The registry (1) shall not be used to replace budgeted positions for Corrections Nurse I or Corrections Nurse II, (2) shall be developed through collective bargaining with an organization representing those nurses, and (3) may utilize an Extra Help employee for a maximum of 900 hours of actual work in any 12 consecutive calendar months. The employer shall review the status of the position at least every 3 calendar months. If, at any time, it is found that the position has become an appointment that is other than Extra Help, the employer shall terminate the Extra Help appointment. If an Extra Help position has accrued 900 consecutive hours, the position shall not be reestablished until 6 months have elapsed from the date of the termination of the position. Upon working 900 hours, an Extra Help employee shall not resume employment in any Extra Help appointment at a place of employment until 30 calendar days have elapsed. The State shall conduct quarterly review of its use of Extra Help appointments to ensure compliance with this Section. The State shall maintain the number of full time Correctional Nurse I and Correctional Nurse II positions that exist on the effective date of this amendatory Act of the 98th General Assembly.

(b) An Extra Help appointment may be made by the State for Correctional Nurse I or Correctional Nurse II for work that meets the following conditions:

(1) The work cannot be readily assigned on a voluntary basis, or on a straight-time or overtime basis, to a full-time or part-time employee.

(2) The State or Department shall fill an Extra Help position by referring persons to the employing unit of the State-operated facility from the Extra Help list of acceptable candidates.

(3) Acceptance or refusal to accept an Extra Help appointment by a candidate shall in no way affect the candidate's position on any Extra Help list, or on any other registry maintained by the Department or the employer.

(c) As used in this Section:

"Corrections Nurse I" and "Corrections Nurse II" means a nurse classified as a Corrections Nurse I or a Corrections Nurse II and employed by the State to work at a State-operated facility.

"Extra Help Employee Appointment" means the hiring of a Corrections Nurse I or Corrections Nurse II from an in-house registry to work at the Department of Corrections.

"Mandatory overtime" means work that is required by the Department in excess of an agreed-to, predetermined work shift.

Section 99. Effective date. This Act takes effect January 1, 2014.