HB4609 96TH GENERAL ASSEMBLY

LRB096 13952 JDS 28731 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4609

Introduced , by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

5 ILCS 315/15	from Ch. 48, par. 1615
20 ILCS 805/805-550 new
20 ILCS 835/3	from Ch. 105, par. 467

Amends the Illinois Public Labor Relations Act. Provides that neither the Act nor any collective bargaining agreement negotiated under the Act may be construed to limit the ability of the Department of Natural Resources to use members of its Volunteer Network to maintain, during budgetary emergencies, State parks and other properties owned or managed by the Department. Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois and the State Parks Act. Provides that the Department may, during budgetary emergencies, use volunteer labor to maintain State parks and other properties owned or managed by the Department. Provides that "to maintain" includes the mowing of State parks and other properties owned or managed by the Department. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Illinois Public Labor Relations Act is amended by changing Section 15 as follows:

(5 ILCS 315/15) (from Ch. 48, par. 1615)

Sec. 15. Act Takes Precedence.

(a) In case of any conflict between the provisions of this Act and any other law (other than Section 5 of the State Employees Group Insurance Act of 1971), executive order or administrative regulation relating to wages, hours and conditions of employment and employment relations, the provisions of this Act or any collective bargaining agreement negotiated thereunder shall prevail and control. Nothing in this Act shall be construed to replace or diminish the rights of employees established by Sections 28 and 28a of the Metropolitan Transit Authority Act, Sections 2.15 through 2.19 of the Regional Transportation Authority Act. The provisions of this Act are subject to Section 5 of the State Employees Group Insurance Act of 1971. Nothing in this Act shall be construed to replace the necessity of complaints against a sworn peace officer, as defined in Section 2(a) of the Uniform Peace Officer Disciplinary Act, from having a complaint supported by a sworn affidavit. Neither this Act nor any collective bargaining agreement negotiated under this Act may be construed to limit the ability of the Department of Natural Resources to use members of its Volunteer Network to maintain, during budgetary emergencies, State parks, as authorized under Section 3 of the State Parks Act, and other properties that the Department owns or manages, as authorized under Section 805-550 of the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois.

(b) Except as provided in subsection (a) above, any collective bargaining contract between a public employer and a labor organization executed pursuant to this Act shall supersede any contrary statutes, charters, ordinances, rules or regulations relating to wages, hours and conditions of employment and employment relations adopted by the public employer or its agents. Any collective bargaining agreement entered into prior to the effective date of this Act shall remain in full force during its duration.

(c) It is the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, that the provisions of this Act are the exclusive exercise by the State of powers and functions which might otherwise be exercised by home rule units. Such powers and functions may not be exercised concurrently, either directly or indirectly, by any unit of local government, including any home rule unit, except as otherwise authorized by this Act.

(Source: P.A. 95-331, eff. 8-21-07.)

Section 10. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by adding Section 805-550 as follows:

(20 ILCS 805/805-550 new)

Sec. 805-550. Maintenance of properties by volunteers.

(a) During budgetary emergencies, the Department may use members of its Volunteer Network to maintain properties that the Department owns or manages. The Department may structure its Volunteer Program as it sees fit to maintain the properties that it owns or manages.

(b) For the purposes of this Section, "to maintain" includes the mowing of properties that the Department owns or manages.

Section 15. The State Parks Act is amended by changing Section 3 as follows:

(20 ILCS 835/3) (from Ch. 105, par. 467)

Sec. 3. Maintenance of State parks.

(a) In maintaining the State parks the Department of Natural Resources shall conserve the original character as distinguished from the artificial landscaping of such parks.

(b) During budgetary emergencies, the Department of Natural Resources may use members of its Volunteer Network to maintain the State parks. The Department of Natural Resources may structure its Volunteer Program as it sees fit to maintain the State parks.

(c) For the purposes of this Section, "to maintain" includes the mowing of the State parks.

(Source: P.A. 89-445, eff. 2-7-96.)

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