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.
















LRB093 13402 MKM 47162 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB5178

LRB093 13402 MKM 47162 b






1
    AN ACT concerning local government. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Counties Code is amended by adding Section 
5
3-12008.5 as
follows:


 
6
    (55 ILCS 5/3-12008.5 new)

7
    Sec. 3-12008.5. Temporary, provisional, or probationary 
8
employees;
benefits.

9
    (a) Any individual who has been employed as a temporary, 
10
provisional,
or probationary employee of a county for at least 
11
12 consecutive months
shall be entitled to the same benefits 
12
offered by the county to permanent
employees in the same or a 
13
similar position. No temporary, provisional, or
probationary

14
employee shall be dismissed by a county in order
to
avoid 
15
compliance with this Section.

16
    (b) This Section has no effect on any collective bargaining 
17
agreements in
effect upon the effective date of this amendatory 
18
Act of the 93rd General
Assembly.

19
    (c) A home rule county may not regulate the provision of 
20
benefits to
temporary, provisional, or probationary employees 
21
of the county in a
manner that is inconsistent with this 
22
Section. This Section is a limitation
under
subsection (i) of 
23
Section 6 of Article VII of the Illinois Constitution on the

24
concurrent exercise by home rule units of powers and functions 
25
exercised by the
State.



 
26
    Section 10. The Township Code is amended by adding Section 
27
100-7 as
follows:


 
28
    (60 ILCS 5/100-7 new)

29
    Sec. 100-7. Temporary, provisional, or probationary 
30
employees; benefits.

 


 






HB5178
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LRB093 13402 MKM 47162 b




1
    (a) Any individual who has served as a temporary, 
2
provisional, or
probationary employee of a township for at 
3
least 12 consecutive months
shall be entitled to the same

4
benefits offered by the township to permanent employees in the 
5
same or a
similar position. No temporary, provisional, or 
6
probationary employee shall be
dismissed by a township in order

7
to avoid compliance with this Section.

8
    (b) This Section has no effect on any collective bargaining 
9
agreements in
effect upon the effective date of this amendatory 
10
Act of the 93rd General
Assembly.



 
11
    Section 15. The Illinois Municipal Code is amended by 
12
adding Section 10-4-1.5
as follows:


 
13
    (65 ILCS 5/10-4-1.5 new)

14
    Sec. 10-4-1.5. Temporary, provisional, or probationary 
15
employees;
benefits.

16
    (a) Any individual who has served as a temporary, 
17
provisional, or
probationary employee of a municipality for at 
18
least 12 consecutive months
shall be entitled to
the same 
19
benefits offered by the municipality to permanent employees in 
20
the
same or a similar position. No
temporary, provisional, or 
21
probationary employee shall be dismissed by the
municipality in 
22
order to avoid compliance with this Section.

23
    (b) This Section has no effect on any collective bargaining 
24
agreements in
effect upon the effective date of this amendatory 
25
Act of the 93rd General
Assembly.

26
    (c) A home rule municipality may not regulate the provision 
27
of benefits to
temporary, provisional, or probationary 
28
employees of the municipality in
a manner that is inconsistent 
29
with this Section. This Section is a limitation
under

30
subsection (i) of Section 6 of Article VII of the Illinois 
31
Constitution on the
concurrent exercise by home rule units of 
32
powers and functions exercised by the
State.



 
33
    Section 90. The State Mandates Act is amended by adding 
 


 






HB5178
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LRB093 13402 MKM 47162 b




1
Section 8.28 as
follows:


 
2
    (30 ILCS 805/8.28 new)

3
    Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 
4
of this
Act, no reimbursement by the State is required for the 
5
implementation of
any mandate created by this amendatory Act of 
6
the 93rd General Assembly.