HB4148ham001 103RD GENERAL ASSEMBLY

Rep. Emanuel "Chris" Welch

Filed: 10/24/2023

10300HB4148ham001 LRB103 34551 JDS 64978 a

AMENDMENT TO HOUSE BILL 4148

AMENDMENT NO. ______. Amend House Bill 4148 as follows:

by replacing line 26 on page 2 through line 1 on page 3 with the following: "legislation, making decisions regarding legislative matters, negotiating rulemaking, formulating policies concerning rulemaking, or making decisions regarding rulemaking."; and

on page 3, by replacing lines 11 through 24 with the following:

"(g) (Reserved)."; and

on page 4, lines 8 and 9, by deleting "listed in the Legislative Commission Reorganization Act of 1984"; and

on page 5, line 17, by replacing "agency;" with "agency; a district office chief of staff, a district office deputy chief of staff, or an individual in a district office employment position that is functionally equivalent to a district office chief of staff or a district office deputy chief of staff, as designated by the representative or senator;"; and

on page 7, line 18, by replacing "that he or she will be" with "of being"; and

on page 8, by replacing lines 5 and 6, with the following: "employment time to exercising that authority. Determinations of supervisor"; and

on page 10, by replacing lines 9 and 10 with the following: "employee positions as confidential employees, managerial employees, supervisors, or excluded employees."; and

on page 10, by replacing lines 15 and 16 with the following: "additional employees as confidential employees, managerial employees, supervisors, or excluded employees."; and

on page 10, immediately below line 16, by inserting the following:

"For purposes of collective bargaining under this Act, a legislative employee employed by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, or a legislative employee that is a district office employee under Section 10 is employed by the individual occupying such elected position. Upon any change in a person occupying such an elected position, the newly elected person has the sole and exclusive authority to act with respect to employment decisions, such as hiring, promotion, renewal of employment, or discharge. No collective bargaining agreement may include a provision that prohibits a newly elected person from exercising that person's rights under this subsection with respect to the elected person's sole and exclusive authority to make employment decisions for the office."; and

on page 11, by replacing lines 14 through 25 with the following:

"(b) The Joint Committee on Legislative Support Services shall appoint the Director of the Office of State Legislative Labor Relations within 60 days after the effective date of this Section and within 60 days after any subsequent vacancy in that office."; and

on page 12, lines 2 and 3, by replacing "his or her" with "a"; and

on page 13, by replacing lines 10 through 15 with the following: "activities."; and

on page 15, line 17, by replacing "of" with "about"; and

on page 15, line 18, by replacing "employee:" with "employee, except as provided in subsection (c):"; and

on page 17, lines 15 and 16, by replacing "in the legislative complex or district office" with "on the premises of the General Assembly, including, but not limited to, the legislative complex or a district office,"; and

on page 17, lines 23 and 24, by replacing "in the legislative complex or district office" with "on the premises of the General Assembly, including, but not limited to, the legislative complex or a district office,"; and

on page 18, line 8, by replacing "in the legislative complex" with "on the premises of the General Assembly, including, but not limited to, the legislative complex or a district office,"; and

on page 18, line 17, by replacing "of the General Assembly" with "on the premises of the General Assembly, including, but not limited to, the legislative complex or district office,"; and

by deleting line 12 on page 19 through line 2 on page 20; and

on page 20, line 3, by replacing "(h)" with "(g)"; and

on page 21, line 8, by replacing "(i)" with "(h)"; and

on page 21, line 12, by deleting "or fair-share"; and

on page 21, line 13, by deleting "or a fair-share"; and

on page 21, by replacing lines 16 through 22 with the following: "applies if the successor exclusive representative presents the General Assembly with employee written authorization for the deduction of dues, assessments, and fees under this subsection."; and

on page 21, lines 23 and 24, by deleting "or fair-share"; and

on page 22, line 1, by replacing "(j)" with "(i)"; and

on page 22, line 8, by replacing "(k)" with "(j)"; and

on page 23, line 7, by replacing "(l)" with "(k)"; and

on page 24, line 2, by replacing "(m)" with "(l)"; and

on page 24, line 13, by replacing "(n)" with "(m)"; and

on page 24, line 23, by replacing "(o)" with "(n)"; and

on page 25, line 21, by replacing "(p)" with "(o)"; and

on page 26, by deleting lines 12 through 24; and

by deleting line 17 on page 29 through line 9 on page 30; and

on page 40, line 9, by replacing "the organization" with "their exclusive bargaining representative"; and

on page 40, by replacing lines 14 through 19 with the following:

"for any labor organization;"; and

on page 41, line 25, after "this Act," by inserting "the Illinois Public Labor Relations Act,"; and

on page 42, line 20, by deleting "or"; and

on page 43, by replacing line 3 with the following:

"organization; or

(10) to promise, threaten, or take any action: (i) to permanently replace an employee who participates in a lawful strike as provided under Section 80; (ii) to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such a lawful strike; or (iii) to lock out, suspend, or otherwise withhold employment from an employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a lawful strike."; and

on page 43, lines 10 and 11, by deleting "or the determination of fair-share payments"; and

on page 43, line 18, by replacing "his" with "its"; and

on page 44, line 4, by replacing "boards" with "Board"; and

on page 45, line 19, by replacing "his" with "the individual's"; and

on page 47, line 18, by replacing "six-month" with "6-month"; and

on page 47, line 19, by deleting "his"; and

on page 47, line 21, by replacing "his" with "the member's or hearing officer's"; and

on page 48, by replacing line 7 with the following:

"(b) The Board shall have the power to issue subpoenas and administer oaths. If any party willfully fails or neglects to appear or testify or to produce books, papers, and records pursuant to the issuance of a subpoena by the Board, then the Board may apply to a court of competent jurisdiction to request that such party be ordered to appear before the Board to testify or produce the requested evidence."; and

on page 48, line 20, by replacing "him" with "the person"; and

on page 50, line 22, by replacing "person, his" with "person and the person's"; and

on page 56, line 15, by replacing "30" with "5"; and

on page 57, line 7, by replacing "his" with "the legislative employee's"; and

on page 57, lines 8 and 9, by replacing "his or her labor" with "employment"; and

on page 63, immediately below line 3, by inserting the following:

"Section 995. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes."; and

on page 63, line 5, by replacing "2026" with "2026, except that this Section and Section 25 take effect on July 1, 2025".