SB1602ham002 96TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 5/7/2009

09600SB1602ham002 LRB096 10304 RLC 25811 a

AMENDMENT TO SENATE BILL 1602

AMENDMENT NO. ______. Amend Senate Bill 1602 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the State Facility Overtime Act.

Section 5. Definitions.

"State facility" includes all Department of Human Services operated residential facilities including State mental health hospitals, State developmental centers, treatment and detention facilities for sexually violent persons, and State residential schools for the deaf and visually impaired; all Department of Veterans Affairs operated homes; all Department of Corrections operated correctional centers, work camps, boot camps, and adult transition centers; all Department of Juvenile Justice operated youth centers and boot camps; and any other State facility under the jurisdiction of these State agencies that operates on a 24-hour basis.

"Mandatory overtime" means work in excess of an agreed upon, predetermined, and regularly scheduled daily work shift, not to exceed 60 hours per week, assigned to an employee without the employee's consent.

"Employee" means an individual employed by a State facility who is covered by a collective bargaining agreement.

"Director" means the Director, or designee of the Director, of the State agency responsible for the operation of the State facility or his or her agent.

"Department" means the Department of Labor and its agents.

Section 10. Legislative intent. The General Assembly finds that years of staff cuts necessitated by insufficient revenues at State facilities such as prisons, developmental and mental health centers, youth centers, and veterans homes have created deplorable working conditions including excessive overtime. Many State facilities routinely use mandatory overtime to cover staff vacancies. This is frequently on top of work schedules that are already in excess of 40 hours per week. Excessive overtime is driving many dedicated employees out of State service, exacerbating the short staffing crisis. This impacts employee health, welfare, and safety, as well as the ability of staff to deliver necessary services.

Section 15. Mandatory overtime. A Director may require mandatory overtime.

Section 20. Exceptions.

(a) An employee may choose to work more than 60 hours per week voluntarily and the refusal of any employee to accept such overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee.

(b) This Act shall not apply in the event of any declared national or State emergency or a disaster or other event that in the Director's judgment substantially affects or increases the need for State services.

Section 25. Posting of Act and rules. Every Director subject to any provision of this Act or any rules issued under this Act may keep a summary of this Act approved by the Department, and copies of any applicable rules issued under this Act, or a summary of those rules, posted in a conspicuous and accessible place in or about the premises wherever any person subject to this Act is employed.

Section 30. Investigation and enforcement. An employee or the employee's collective bargaining representative may bring a complaint to the Illinois Department of Labor if the employee believes that the employee's Director is in violation of this Act. The Department may conduct an investigation of the complaint. When an investigation results in a finding that the employee suffered discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee as a result of refusing overtime, the Department has the authority to make that employee whole. The Department may adopt administrative rules it deems appropriate to carry out the purposes of this Act.

Section 35. Construction and applicability. Only to the extent consistent with federal law, this Act shall be construed to impair or negate the ability of collective bargaining representatives of employees subject to this Act from negotiating procedures and remedies that provide to those covered employees rights that are additional to those in this Act.

Section 40. Provisions. The provisions of this Act apply notwithstanding any other provision of law to the contrary.

Section 99. Effective date. This Act takes effect upon becoming law.".