State Government Administration Committee
Filed: 4/8/2008
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1 | AMENDMENT TO HOUSE BILL 4370
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2 | AMENDMENT NO. ______. Amend House Bill 4370 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the State | ||||||
5 | Employees Flex-Time Mentoring Act. | ||||||
6 | Section 5. Purpose. The purpose of this Act is to enable | ||||||
7 | State employees to use vacation, personal, and sick leave time | ||||||
8 | to participate in certain well-established mentoring programs. | ||||||
9 | Section 10. Definitions. In this Act: | ||||||
10 | "Eligible State employee" means an individual who: | ||||||
11 | (1) is a permanent, non-contractual State employee; | ||||||
12 | and | ||||||
13 | (2) has provided, without monetary remuneration, | ||||||
14 | mentoring services to a qualified mentoring program for not | ||||||
15 | less than one year before requesting mentoring leave. |
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1 | "Mentoring leave" means an eligible State employee's | ||||||
2 | vacation, personal, and sick time spent mentoring a child in a | ||||||
3 | qualified mentoring program. | ||||||
4 | "Qualified mentoring program" means a program that | ||||||
5 | finances, arranges for, and otherwise facilitates the | ||||||
6 | mentoring, by adults, on a one-to-one basis, of children who | ||||||
7 | are: | ||||||
8 | (1) enrolled in any school level between kindergarten | ||||||
9 | and the 12th grade; and | ||||||
10 | (2) under the age of 18. | ||||||
11 | Additionally, a qualified mentoring program must be a | ||||||
12 | not-for-profit, secular entity, organized under Section | ||||||
13 | 501(c)(3) of the United States Internal Revenue Code. A | ||||||
14 | qualified mentoring program must also have been in existence | ||||||
15 | for at least 10 years before the effective date of this Act. | ||||||
16 | "State agency" has the same meaning as defined in Section | ||||||
17 | 1-7 of the Illinois State Auditing Act. | ||||||
18 | Section 15. Mentoring leave authorized. | ||||||
19 | (a) All State agencies may, within 180 days after the | ||||||
20 | effective date of this Act, permit eligible State employees to | ||||||
21 | take mentoring leave. No employee may take more than 40 hours | ||||||
22 | of mentoring leave in a calendar year. | ||||||
23 | (b) At the time he or she requests mentoring leave, an | ||||||
24 | eligible State employee must provide his or her supervisor with | ||||||
25 | written verification from a qualified mentoring program that |
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1 | the employee has performed at least one year of mentoring | ||||||
2 | services as required under the definition of "eligible State | ||||||
3 | employee". | ||||||
4 | (c) Within 180 days after the effective date of this Act, | ||||||
5 | each State agency that elects to permit mentoring flex time for | ||||||
6 | its employees must implement an application process by which an | ||||||
7 | eligible employee under its authority can apply for mentoring | ||||||
8 | leave. All participating State agencies retain unfettered | ||||||
9 | discretion to permit or deny an eligible employee's request for | ||||||
10 | mentoring leave. Participating agencies must take into account | ||||||
11 | the following factors in evaluating applications for mentoring | ||||||
12 | leave: | ||||||
13 | (1) the operational needs of the State; | ||||||
14 | (2) the budgetary concerns of the agency; and | ||||||
15 | (3) any limitations imposed by law. | ||||||
16 | Section 20. No rulemaking authority. Notwithstanding any | ||||||
17 | other rulemaking authority that may exist, neither the Governor | ||||||
18 | nor any agency or agency head under the jurisdiction of the | ||||||
19 | Governor has any authority to make or promulgate rules to | ||||||
20 | implement or enforce the provisions of this Act. If, however, | ||||||
21 | the Governor believes that rules are necessary to implement or | ||||||
22 | enforce the provisions of this Act, the Governor may suggest | ||||||
23 | rules to the General Assembly by filing them with the Clerk of | ||||||
24 | the House and Secretary of the Senate and by requesting that | ||||||
25 | the General Assembly authorize such rulemaking by law, enact |
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1 | those suggested rules into law, or take any other appropriate | ||||||
2 | action in the General Assembly's discretion. Nothing contained | ||||||
3 | in this Act shall be interpreted to grant rulemaking authority | ||||||
4 | under any other Illinois statute where such authority is not | ||||||
5 | otherwise explicitly given. For the purposes of this Act, | ||||||
6 | "rules" is given the meaning contained in Section 1-70 of the | ||||||
7 | Illinois Administrative Procedure Act, and "agency" and | ||||||
8 | "agency head" are given the meanings contained in Sections 1-20 | ||||||
9 | and 1-25 of the Illinois Administrative Procedure Act to the | ||||||
10 | extent that such definitions apply to agencies or agency heads | ||||||
11 | under the jurisdiction of the Governor.".
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