HB 3595 — INS CD-PET INSURANCE

(215(i) ILCS"Labor 5/1815organization" new)means Sec.any organization in which public employees participate and that exists for the purpose, in whole or in part, of dealing with a public employer concerning wages, hours, and other terms and conditions of employment, including the settlement of grievances.

1815.(i-5) "Legislative liaison" means a person who is an employee of a State agency, the Attorney General, the Secretary of State, the Comptroller, or the Treasurer, as the case may be, and whose job duties require the person to regularly communicate in the course of his or her employment with any official or staff of the General Assembly of the State of Illinois for the purpose of influencing any legislative action.

Disclosures.(j) "Managerial employee" means an individual who is engaged predominantly in executive and management functions and is charged with the responsibility of directing the HB3595 Enrolled - 7 - LRB104 08153 BAB 18201 b effectuation of management policies and practices.

HB3595Determination Engrossedof -managerial 5employee -status LRB104shall 08153be BABbased 18201on bactual (a)employee Ajob petduties insurerand transactingnot petsolely insuranceon shallwritten disclosejob thedescriptions. following to consumers:

(1)With Ifrespect only to State employees in positions under the policyjurisdiction excludesof coveragethe dueAttorney toGeneral, anySecretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the following:Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, "managerial employee" means an individual who is engaged in executive and management functions or who is charged with the effectuation of management policies and practices or who represents management interests by taking or recommending discretionary actions that effectively control or implement policy.

(A)Nothing ain preexistingthis condition;definition prohibits an individual from also meeting the definition of "supervisor" under subsection (r) of this Section.

(B)(k) "Peace officer" means, for the purposes of this Act only, any persons who have been or are hereafter appointed to a hereditarypolice disorder;force, department, or agency and sworn or commissioned to perform police duties, except that the following persons are not included:

(C)part-time police officers, special police officers, auxiliary police as defined by Section 3.1-30-20 of the Illinois Municipal Code, night watchmen, "merchant HB3595 Enrolled - 8 - LRB104 08153 BAB 18201 b police", court security officers as defined by Section 3-6012.1 of the Counties Code, temporary employees, traffic guards or wardens, civilian parking meter and parking facilities personnel or other individuals specially appointed to aid or direct traffic at or near schools or public functions or to aid in civil defense or disaster, parking enforcement employees who are not commissioned as peace officers and who are not armed and who are not routinely expected to effect arrests, parking lot attendants, clerks and dispatchers or other civilian employees of a congenitalpolice anomalydepartment who are not routinely expected to effect arrests, or disorder;elected officials.

(l) "Person" includes one or (D)more aindividuals, chroniclabor condition.organizations, public employees, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or the State of Illinois or any political subdivision of the State or governing body, but does not include the General Assembly of the State of Illinois or any individual employed by the General Assembly of the State of Illinois.

(2)(m) If"Professional theemployee" policymeans includes any otheremployee exclusions,engaged byin includingwork thepredominantly followingintellectual statement:and varied in character rather than routine mental, manual, mechanical or physical work;

"Otherinvolving exclusionsthe mayconsistent apply.exercise of discretion and adjustment in its performance;

Pleaseof refersuch toa character that the exclusionsoutput sectionproduced ofor the policyresult foraccomplished morecannot information.".be standardized in relation to a given period of time;

(3)and Anyrequiring policyadvanced provisionHB3595 thatEnrolled limits- coverage9 through- LRB104 08153 BAB 18201 b knowledge in a waitingfield of science or affiliationlearning period,customarily acquired by a deductible,prolonged coinsurance,course orof specialized intellectual instruction and study in an annualinstitution of higher learning or lifetimea policyhospital, limit.as distinguished from a general academic education or from apprenticeship or from training in the performance of routine mental, manual, or physical processes;

(4)or Whetherany employee who has completed the petcourses insurerof reducesspecialized coverageintellectual orinstruction increasesand premiumsstudy basedprescribed onin thethis insured'ssubsection claim(m) history,and is performing related work under the agesupervision of thea coveredprofessional pet,person orto qualify to become a changeprofessional inemployee theas geographicdefined locationin ofthis thesubsection insured.(m).

(5)(n) If"Public employee" or "employee", for the underwritingpurposes companyof differsthis fromAct, means any individual employed by a public employer, including (i) interns and residents at public hospitals, (ii) as of July 16, 2003 (the effective date of Public Act 93-204), but not before, personal assistants working under the brandHome nameServices usedProgram under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to marketthe limitations set forth in this Act and sellin the product.Rehabilitation of Persons with Disabilities Act, (iii) as of January 1, 2006 (the effective date of Public Act 94-320), but not before, child and day care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, 2013 (the effective date of Public Act 97-1158), but not HB3595 Enrolled - 10 - LRB104 08153 BAB 18201 b before except as otherwise provided in this subsection (n), home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, (v) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any person employed by a public employer and who is classified as or who holds the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, Plant Operating Engineer, and any other employee who holds the position of:

(b)Civil UnlessEngineer theV, insuredCivil hasEngineer filedVI, aCivil claimEngineer underVII, theTechnical petManager insuranceI, policy,Technical petManager insuranceII, applicantsTechnical shallManager haveIII, theTechnical rightManager toIV, examineTechnical andManager returnV, theTechnical policy,Manager certificate,VI, orRealty riderSpecialist toIII, theRealty companySpecialist orIV, anRealty agentSpecialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or insuranceTechnical producerAdvisor ofV employed by the companyDepartment withinof 30Transportation dayswho is in a position which is certified in a bargaining unit on or before July 19, 2013 (the effective date of itsPublic receiptAct 98-100), and to(vi) havebeginning theon premiumJuly refunded19, 2013 (the effective date of Public Act 98-100) and notwithstanding any HB3595 EngrossedEnrolled - 611 - LRB104 08153 BAB 18201 b if,other afterprovision examinationof this Act, any mental health administrator in the Department of Corrections who is classified as or who holds the policy,position certificate,of Public Service Administrator (Option 8K), any employee of the Office of the Inspector General in the Department of Human Services who is classified as or rider,who holds the applicantposition of Public Service Administrator (Option 7), any Deputy of Intelligence in the Department of Corrections who is notclassified satisfiedas foror who holds the position of Public Service Administrator (Option 7), and any reason.employee of the Illinois State Police who handles issues concerning the Illinois State Police Sex Offender Registry and who is classified as or holds the position of Public Service Administrator (Option 7), but excluding all of the following:

Petemployees insuranceof policies,the certificates,General andAssembly ridersof shall have a notice prominently printed on the firstState page,of orIllinois; attached thereto, including specific instructions to accomplish a return.

Theelected followingofficials; statement or language substantially similar shall be included:

"Youexecutive haveheads 30of daysa fromdepartment; the day you receive this policy, certificate, or rider to review it and return it to the company if you decide not to keep it.

Youmembers doof notboards haveor tocommissions; tell the company why you are returning it.

If you decide not to keep it, simply return it to the companyExecutive atInspectors itsGeneral; administrative office or you may return it to the agent/insurance producer that you bought it from as long as you have not filed a claim.

Youany mustspecial returnExecutive itInspectors withinGeneral; 30 days of the day you first received it.

Theemployees companyof willeach refundOffice the full amount of anyan premiumExecutive paidInspector withinGeneral; 30 days after it receives the returned policy, certificate, or rider.

Thecommissioners premiumand refundemployees willof be sent directly to the personExecutive whoEthics paidCommission; it.

Thethe policy,Auditor certificate,General's orInspector riderGeneral; will be void as if it had never been issued." This subsection (b) does not apply to renewals.

(c)employees A pet insurer shall clearly disclose a summary description of the basisOffice or formula on which the pet insurer determines claim payments under a pet insurance policy within the policy, both prior to policy issuance and through a clear and conspicuous link on the main page of the petAuditor insurer'sGeneral's HB3595Inspector EngrossedGeneral; - 7 - LRB104 08153 BAB 18201 b website or the pet insurer's program administrator's website.

(d)the ALegislative petInspector insurerGeneral; that uses a benefit schedule to determine claim payment under a pet insurance policy shall:

(1)any clearlyspecial discloseLegislative theInspectors applicableGeneral; benefit schedule in the policy;

andemployees (2)of disclose all benefit schedules used by the petOffice insurer under its pet insurance policies through a clear and conspicuous link on the main page of the petLegislative insurer'sInspector websiteGeneral; or the pet insurer's program administrator's website.

(e)commissioners A pet insurer that determines claim payments under a pet insurance policy based on usual and customaryemployees feesof orthe anyLegislative otherEthics reimbursementCommission; limitation based on prevailing veterinary service provider charges shall:

(1)employees includeof aany usualagency, andboard customaryor feecommission limitationcreated provisionby inthis theAct; policy that clearly describes the pet insurer's basis for determining usual and customary fees and how that basis is applied in calculating claim payments;

andemployees (2)appointed discloseto theState petpositions insurer'sof basisHB3595 forEnrolled determining- usual12 and- customaryLRB104 fees08153 throughBAB a18201 clearb anda conspicuoustemporary link on the main page of the pet insurer's website or theemergency petnature; insurer's program administrator's website.

(f)all Ifemployees anyof medicalschool examinationdistricts byand ahigher licensededucation veterinarianinstitutions isexcept requiredfirefighters toand effectuatepeace coverage,officers theemployed petby insurera shallstate clearlyuniversity and conspicuouslyexcept disclosepeace theofficers requiredemployed aspectsby ofa theschool HB3595district Engrossedin -its 8own -police LRB104department 08153in BABexistence 18201on bJuly examination23, prior2010 to(the purchaseeffective anddate discloseof thatPublic examinationAct documentation96-1257); may result in a preexisting condition exclusion.

(g)managerial Waitingemployees; periods and the requirements applicable to the waiting periods shall be clearly and prominently disclosed to consumers prior to the policy purchase.

(h)short-term Theemployees; pet insurer shall include a summary of all disclosures required by this Section in a separate document titled "Insurer Disclosure of Important Policy Provisions".

Thelegislative petliaisons; insurer shall post the document by way of a clear and conspicuous link on the main page of the pet insurer's website or the pet insurer's program administrator's website.

Ina connectionperson withwho is a State employee under the issuancejurisdiction of athe newOffice petof insurancethe policy,Attorney theGeneral petwho insureris shalllicensed provideto thepractice consumerlaw withor awhose copyposition ofauthorizes, theeither Insurerdirectly Disclosureor ofindirectly, Importantmeaningful Policyinput Provisionsinto documentgovernment requireddecision-making underon thisissues subsectionwhere (h)there inis atroom leastfor 12-pointprincipled typedisagreement whenon itgoals deliversor thetheir policy.implementation;

(i)a Atperson thewho timeis a petState insuranceemployee policyunder isthe issuedjurisdiction orof deliveredthe toOffice aof policyholder,the Comptroller who holds the petposition insurerof shallPublic includeService aAdministrator writtenor disclosurewhose withposition theis followingotherwise information,exempt printedunder inthe 12-pointComptroller boldfaceMerit type:Employment Code;

(1)a Theperson Department'swho mailingis address,a toll-freeState telephoneemployee number,under andthe websitejurisdiction address.of the Secretary of State who holds the position classification of Executive I or higher, whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation, or who is otherwise exempt under the Secretary of State Merit Employment Code;

(2)employees Thein addressthe andOffice customerof servicethe telephoneSecretary numberof State who are completely exempt from jurisdiction B of the petSecretary insurerof orState theMerit agentEmployment Code and who are in Rutan-exempt HB3595 Enrolled - 13 - LRB104 08153 BAB 18201 b positions on or brokerafter April 5, 2013 (the effective date of record.Public Act 97-1172);

(3)a Ifperson thewho policyis wasa issuedState oremployee deliveredunder bythe anjurisdiction agentof or broker, a statement advising the policyholderTreasurer towho HB3595holds Engrosseda -position 9that -is LRB104exempt 08153from BAB 18201 b contact the brokerState orTreasurer agentEmployment forCode; assistance.

(j)any Theemployee disclosuresof requireda inState thisagency Sectionwho shall(i) beholds the title or position of, or exercises substantially similar duties as a legislative liaison, Agency General Counsel, Agency Chief of Staff, Agency Executive Director, Agency Deputy Director, Agency Chief Fiscal Officer, Agency Human Resources Director, Public Information Officer, or Chief Information Officer and (ii) was neither included in additiona bargaining unit nor subject to anyan otheractive disclosurepetition requirementsfor requiredcertification byin lawa orbargaining rule.unit;

(215any ILCSemployee 5/1820of new)a Sec.State agency who (i) is in a position that is Rutan-exempt, as designated by the employer, and completely exempt from jurisdiction B of the Personnel Code and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit;

1820.any term appointed employee of a State agency pursuant to Section 8b.18 or 8b.19 of the Personnel Code who was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit;

Policyany conditions.employment position properly designated pursuant to Section 6.1 of this Act;

(a)confidential Aemployees; pet insurer may issue policies that exclude coverage on the basis of one or more preexisting conditions with appropriate disclosure to the consumer.

Theindependent petcontractors; insurer has the burden of proving that the preexisting condition exclusion applies to the condition for which a claim is being made.

(b)and Asupervisors petexcept insureras mayprovided issuein policiesthis thatAct. impose waiting periods upon effectuation of the policy that do not exceed 30 days for illnesses or orthopedic conditions not resulting from an accident.

WaitingHome periodscare mayand home health workers who function as personal assistants and individual maintenance home health workers and HB3595 Enrolled - 14 - LRB104 08153 BAB 18201 b who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be appliedconsidered topublic renewalsemployees for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including, but not limited to, purposes of existingvicarious coverage.liability in tort and purposes of statutory retirement or health insurance benefits.

WaitingHome periodscare forand accidentshome arehealth prohibited.workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group Insurance Act of 1971.

(1)Child Aand petday insurercare usinghome aproviders waitingshall periodnot shallbe includeconsidered apublic provisionemployees for any purposes not specifically provided for in itsPublic contractAct that94-320, allowsincluding, thebut waitingnot periodslimited toto, bepurposes waivedof uponvicarious completionliability in tort and purposes of astatutory medicalretirement examination.or health insurance benefits.

PetChild insurersand mayday requirecare thehome examinationproviders toshall not be conductedcovered by athe licensedState veterinarianEmployees afterGroup theInsurance purchaseAct of the1971. policy.

(A)Notwithstanding ASection medical9, examinationsubsection shall(c), beor paidany forother byprovisions theof policyholder,this unlessAct, theall policypeace specifiesofficers thatabove the petrank HB3595of Engrossedcaptain -in 10municipalities -with LRB104more 08153than BAB1,000,000 18201inhabitants bshall insurerbe willexcluded payfrom forthis theAct. examination.

(B)(o) AExcept pet insurer may specify elements to be included as partotherwise ofin thesubsection examination(o-5), and"public requireemployer" documentationor thereof,"employer" providedmeans the specificationsState doof notIllinois; unreasonably restrict a consumer's ability to waive the waiting periods by completing a medical examination.

(2)any Waitingpolitical periodssubdivision andof the requirementsState, applicableunit toof themlocal shallgovernment beHB3595 clearlyEnrolled and- prominently15 disclosed- toLRB104 consumers08153 priorBAB to18201 theb policyor purchase.school district;

(c)authorities Aincluding petdepartments, insurerdivisions, shallbureaus, notboards, requirecommissions, aor veterinaryother examinationagencies of the coveredforegoing petentities; for the insured to have the policy renewed.

(d)and Ifany aperson petacting insurerwithin includesthe anyscope prescriptive,of wellness,his or noninsuranceher benefitsauthority, inexpress theor policyimplied, form,on thenbehalf such benefits are made part of thethose policyentities contractin anddealing shallwith followits allemployees. applicable laws and rules adopted under this Code.

(e)As Anof insured'sJuly eligibility16, to2003 purchase(the aeffective petdate insuranceof policyPublic shallAct 93-204), but not before, the State of Illinois shall be basedconsidered onthe participationemployer orof lackthe personal assistants working under the Home Services Program under Section 3 of participationthe Rehabilitation of Persons with Disabilities Act, subject to the limitations set forth in athis separateAct wellnessand program.in the Rehabilitation of Persons with Disabilities Act.

(215As ILCSof 5/1825January new)29, Sec.2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (o), the State shall be considered the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, but subject to the limitations set forth in this Act and the Rehabilitation of Persons with Disabilities Act.

1825.The State shall not be considered to be the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work HB3595 Enrolled - 16 - LRB104 08153 BAB 18201 b under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits.

SalesHome practicescare forand wellnesshome programs.health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group Insurance Act of 1971.

(a)As Noof petJanuary insurer1, or2006 insurance(the producereffective date of Public Act 94-320), but not before, the State of Illinois shall marketbe aconsidered wellnessthe programemployer asof petthe insuranceday orand marketchild acare wellnesshome programproviders duringparticipating in the sale,child solicitation,care orassistance negotiationprogram under Section 9A-11 of petthe HB3595Illinois EngrossedPublic -Aid 11Code, -subject LRB104to 08153the BABlimitations 18201set bforth insurance.in this Act and in Section 9A-11 of the Illinois Public Aid Code.

(b)The IfState ashall wellnessnot programbe isconsidered soldto bybe athe petemployer insurerof child and day care home providers for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance producer:benefits.

(1)Child Theand purchaseday ofcare thehome wellnessproviders program shall not be acovered requirementby forthe purchasingState petEmployees insurance.Group Insurance Act of 1971.

(2)"Public Theemployer" costsor "employer" as used in this Act, HB3595 Enrolled - 17 - LRB104 08153 BAB 18201 b however, does not mean and shall not include the General Assembly of the wellnessState programof shallIllinois, bethe separateExecutive Ethics Commission, the Offices of the Executive Inspectors General, the Legislative Ethics Commission, the Office of the Legislative Inspector General, the Office of the Auditor General's Inspector General, the Office of the Governor, the Governor's Office of Management and identifiableBudget, fromthe anyIllinois petFinance insuranceAuthority, policythe soldOffice byof athe petLieutenant insurerGovernor, the State Board of Elections, and educational employers or insuranceemployers producer.as defined in the Illinois Educational Labor Relations Act, except with respect to a state university in its employment of firefighters and peace officers and except with respect to a school district in the employment of peace officers in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257).

(3)County Theboards terms and conditionscounty forsheriffs theshall wellnessbe programdesignated shallas bejoint separateor fromco-employers anyof petcounty insurancepeace policyofficers soldappointed byunder athe petauthority insurerof ora insurancecounty producer.sheriff.

(4)Nothing Thein productsthis orsubsection coverages(o) availableshall throughbe construed to prevent the wellnessState programPanel shallor notthe duplicateLocal productsPanel orfrom coveragesdetermining availablethat throughemployers theare petjoint insuranceor policy.co-employers.

(5)(o-5) TheWith advertisingrespect to wages, fringe benefits, hours, holidays, vacations, proficiency examinations, sick leave, and other conditions of employment, the wellnesspublic programemployer shallof notpublic beemployees misleadingwho andare shallcourt bereporters, as defined in accordancethe withCourt thisReporters Section.Act, shall be determined as follows:

(6)HB3595 AEnrolled pet- insurer18 or- insuranceLRB104 producer08153 shallBAB clearly18201 discloseb (1) For court reporters employed by the followingCook toCounty consumers,Judicial printedCircuit, inthe 12-pointchief boldfacejudge type:of the Cook County Circuit Court is the public employer and employer representative.

(A)(2) ThatFor wellnesscourt programsreporters areemployed notby insurance.the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial circuits, a group consisting of the chief judges of those circuits, acting jointly by majority vote, is the public employer and employer representative.

(B)(3) TheFor addresscourt andreporters customeremployed serviceby telephoneall numberother judicial circuits, a group consisting of the petchief insurerjudges orof producerthose orcircuits, brokeracting ofjointly record.by majority vote, is the public employer and employer representative.

(C)(p) The"Security Department'semployee" mailingmeans address,an toll-freeemployee telephonewho number,is responsible for the supervision and websitecontrol address.of inmates at correctional facilities.

HB3595The Engrossedterm -also 12includes -other LRB104non-security 08153employees BABin 18201bargaining bunits (c)having Coveragesthe includedmajority inof theemployees petbeing insuranceresponsible policyfor contractthe describedsupervision asand wellnesscontrol benefitsof areinmates insurance.at correctional facilities.

(215(q) ILCS"Short-term 5/1830employee" new)means Sec.an employee who is employed for less than 2 consecutive calendar quarters during a calendar year and who does not have a reasonable assurance that he or she will be rehired by the same employer for the same service in a subsequent calendar year.

1830.(q-5) "State agency" means an agency directly responsible to the Governor, as defined in Section 3.1 of the Executive HB3595 Enrolled - 19 - LRB104 08153 BAB 18201 b Reorganization Implementation Act, and the Illinois Commerce Commission, the Illinois Workers' Compensation Commission, the Civil Service Commission, the Pollution Control Board, the Illinois Racing Board, and the Illinois State Police Merit Board.

Insurance(r) producer"Supervisor" training.is:

(a)(1) An insuranceemployee producerwhose shallprincipal notwork sell,is solicit,substantially different from that of his or negotiateher asubordinates petand insurancewho producthas untilauthority, afterin the producerinterest isof appropriatelythe licensedemployer, andto hashire, completedtransfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the requiredexercise trainingof identifiedthat inauthority subsectionis (c).not of a merely routine or clerical nature, but requires the consistent use of independent judgment.

(b)Except Anwith insurerrespect shallto ensurepolice thatemployment, itsthe producersterm are"supervisor" trainedincludes underonly subsectionthose (c)individuals andwho thatdevote itsa producerspreponderance haveof beentheir appropriatelyemployment trainedtime onto theexercising coveragesthat andauthority, conditionsState ofsupervisors itsnotwithstanding. pet insurance products.

(c)Determinations Theof trainingsupervisor requiredstatus undershall thisbe Sectionbased shallon includeactual informationemployee job duties and not solely on thewritten followingjob topics:descriptions.

(1)Nothing preexistingin conditionsthis anddefinition waitingprohibits periods;an individual from also meeting the definition of "managerial employee" under subsection (j) of this Section.

(2)In theaddition, differencesin betweendetermining petsupervisory insurancestatus andin noninsurancepolice wellnessemployment, programs;rank shall not be determinative.

(3)The hereditaryBoard disorders,shall congenitalconsider, anomaliesas HB3595 Enrolled - 20 - LRB104 08153 BAB 18201 b evidence of bargaining unit inclusion or disorders,exclusion, the common law enforcement policies and chronicrelationships conditionsbetween police officer ranks and howcertification petunder insuranceapplicable policiescivil interactservice withlaw, thoseordinances, conditionspersonnel codes, or disorders;Division 2.1 of Article 10 of the Illinois Municipal Code, but these factors shall not be the sole or predominant factors considered by the Board in determining police supervisory status.

(4)Notwithstanding rating,the underwriting,provisions renewal,of andthe otherpreceding relatedparagraph, administrativein topics.determining supervisory status in fire fighter employment, no fire fighter shall be excluded as a supervisor who has established representation rights under Section 9 of this Act.

(d)Further, Thein satisfactionfire offighter theunits, trainingemployees requirementsshall consist of anotherfire statefighters that are substantially similar to the requirements of subsection (c) shall satisfy the traininghighest HB3595rank Engrossedof -company 13officer -and LRB104below. 08153 BAB 18201 b requirements in this State.

(215A ILCScompany 5/1835officer new)may Sec.be responsible for multiple companies or apparatus on a shift, multiple stations, or an entire shift.

1835.There may be more than one company officer per shift.

Rules.If a company officer otherwise qualifies as a supervisor under the preceding paragraph, however, he or she shall not be included in the fire fighter unit.

TheIf Departmentthere is no rank between that of chief and the highest company officer, the employer may adoptdesignate rulesa necessaryposition toon implementeach thisshift Article.as a Shift Commander, and the persons occupying those positions shall be supervisors.

All other ranks above that of the highest company officer shall be supervisors.

HB3595 Enrolled - 21 - LRB104 08153 BAB 18201 b (2) With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, an employee who qualifies as a supervisor under (A) Section 152 of the National Labor Relations Act and (B) orders of the National Labor Relations Board interpreting that provision or decisions of courts reviewing decisions of the National Labor Relations Board.

(s)(1) "Unit" means a class of jobs or positions that are held by employees whose collective interests may suitably be represented by a labor organization for collective bargaining.

Except with respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both employees and supervisors, or supervisors only, except as provided in paragraph (2) of this subsection (s) and except for bargaining units in existence on July 1, 1984 (the effective date of this Act).

With respect to non-State fire fighters and paramedics employed by fire HB3595 Enrolled - 22 - LRB104 08153 BAB 18201 b departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both supervisors and nonsupervisors, or supervisors only, except as provided in paragraph (2) of this subsection (s) and except for bargaining units in existence on January 1, 1986 (the effective date of this amendatory Act of 1985).

A bargaining unit determined by the Board to contain peace officers shall contain no employees other than peace officers unless otherwise agreed to by the employer and the labor organization or labor organizations involved.

Notwithstanding any other provision of this Act, a bargaining unit, including a historical bargaining unit, containing sworn peace officers of the Department of Natural Resources (formerly designated the Department of Conservation) shall contain no employees other than such sworn peace officers upon the effective date of this amendatory Act of 1990 or upon the expiration date of any collective bargaining agreement in effect upon the effective date of this amendatory Act of 1990 covering both such sworn peace officers and other employees.

(2) Notwithstanding the exclusion of supervisors from bargaining units as provided in paragraph (1) of this subsection (s), a public employer may agree to permit its supervisory employees to form bargaining units and may bargain with those units.

This Act shall apply if the public employer chooses to bargain under this subsection.

HB3595 Enrolled - 23 - LRB104 08153 BAB 18201 b (3) Public employees who are court reporters, as defined in the Court Reporters Act, shall be divided into 3 units for collective bargaining purposes.

One unit shall be court reporters employed by the Cook County Judicial Circuit;

one unit shall be court reporters employed by the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial circuits;

and one unit shall be court reporters employed by all other judicial circuits.

(t) "Active petition for certification in a bargaining unit" means a petition for certification filed with the Board under one of the following case numbers:

S-RC-11-110;

S-RC-11-098;

S-UC-11-080;

S-RC-11-086;

S-RC-11-074;

S-RC-11-076;

S-RC-11-078;

S-UC-11-052;

S-UC-11-054;

S-RC-11-062;

S-RC-11-060;

S-RC-11-042;

S-RC-11-014;

S-RC-11-016;

S-RC-11-020;

S-RC-11-030;

S-RC-11-004;

S-RC-10-244;

S-RC-10-228;

S-RC-10-222;

S-RC-10-220;

S-RC-10-214;

S-RC-10-196;

S-RC-10-194;

S-RC-10-178;

S-RC-10-176;

S-RC-10-162;

S-RC-10-156;

S-RC-10-088;

S-RC-10-074;

S-RC-10-076;

S-RC-10-078;

S-RC-10-060;

S-RC-10-070;

S-RC-10-044;

S-RC-10-038;

S-RC-10-040;

S-RC-10-042;

S-RC-10-018;

S-RC-10-024;

S-RC-10-004;

S-RC-10-006;

S-RC-10-008;

S-RC-10-010;

S-RC-10-012;

S-RC-09-202;

S-RC-09-182;

S-RC-09-180;

S-RC-09-156;

S-UC-09-196;

S-UC-09-182;

S-RC-08-130;

S-RC-07-110;

or S-RC-07-100.

(Source:

P.A.

102-151, eff.

7-23-21;

102-538, eff.

8-20-21;

HB3595 Enrolled - 24 - LRB104 08153 BAB 18201 b 102-686, eff.

6-1-22;

102-813, eff.

5-13-22;

103-154, eff.

6-30-23.) (Text of Section after amendment by P.A.

104-118) Sec.

3.

Definitions.

As used in this Act, unless the context otherwise requires:

(a) "Board" means the Illinois Labor Relations Board or, with respect to a matter over which the jurisdiction of the Board is assigned to the State Panel or the Local Panel under Section 5, the panel having jurisdiction over the matter.

(b) "Collective bargaining" means bargaining over terms and conditions of employment, including hours, wages, and other conditions of employment, as detailed in Section 7 and which are not excluded by Section 4.

(c) "Confidential employee" means an employee who, in the regular course of his or her duties, assists and acts in a confidential capacity to persons who formulate, determine, and effectuate management policies with regard to labor relations or who, in the regular course of his or her duties, has authorized access to information relating to the effectuation or review of the employer's collective bargaining policies.

Determinations of confidential employee status shall be based on actual employee job duties and not solely on written job descriptions.

(d) "Craft employees" means skilled journeymen, crafts persons, and their apprentices and helpers.

HB3595 Enrolled - 25 - LRB104 08153 BAB 18201 b (e) "Essential services employees" means those public employees performing functions so essential that the interruption or termination of the function will constitute a clear and present danger to the health and safety of the persons in the affected community.

(f) "Exclusive representative", except with respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, means the labor organization that has been (i) designated by the Board as the representative of a majority of public employees in an appropriate bargaining unit in accordance with the procedures contained in this Act;

(ii) historically recognized by the State of Illinois or any political subdivision of the State before July 1, 1984 (the effective date of this Act) as the exclusive representative of the employees in an appropriate bargaining unit;

(iii) after July 1, 1984 (the effective date of this Act) recognized by an employer upon evidence, acceptable to the Board, that the labor organization has been designated as the exclusive representative by a majority of the employees in an appropriate bargaining unit;

(iv) recognized as the exclusive representative of personal assistants under Executive Order 2003-8 prior to July 16, 2003 (the effective date of Public Act 93-204), and the organization shall be considered to be the exclusive representative of the personal assistants as defined HB3595 Enrolled - 26 - LRB104 08153 BAB 18201 b in this Section;

or (v) recognized as the exclusive representative of early care and education child and day care home providers, including licensed and license exempt providers, pursuant to an election held under Executive Order 2005-1 prior to January 1, 2006 (the effective date of Public Act 94-320), and the organization shall be considered to be the exclusive representative of the early care and education child and day care home providers as defined in this Section.

With respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, "exclusive representative" means the labor organization that has been (i) designated by the Board as the representative of a majority of peace officers or fire fighters in an appropriate bargaining unit in accordance with the procedures contained in this Act, (ii) historically recognized by the State of Illinois or any political subdivision of the State before January 1, 1986 (the effective date of this amendatory Act of 1985) as the exclusive representative by a majority of the peace officers or fire fighters in an appropriate bargaining unit, or (iii) after January 1, 1986 (the effective date of this amendatory Act of 1985) recognized by an employer upon evidence, acceptable to the Board, that the labor organization has been designated as the exclusive representative by a majority of the peace officers or fire fighters in an appropriate bargaining unit.

HB3595 Enrolled - 27 - LRB104 08153 BAB 18201 b Where a historical pattern of representation exists for the workers of a water system that was owned by a public utility, as defined in Section 3-105 of the Public Utilities Act, prior to becoming certified employees of a municipality or municipalities once the municipality or municipalities have acquired the water system as authorized in Section 11-124-5 of the Illinois Municipal Code, the Board shall find the labor organization that has historically represented the workers to be the exclusive representative under this Act, and shall find the unit represented by the exclusive representative to be the appropriate unit.

(g) "Fair share agreement" means an agreement between the employer and an employee organization under which all or any of the employees in a collective bargaining unit are required to pay their proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and other conditions of employment, but not to exceed the amount of dues uniformly required of members.

The amount certified by the exclusive representative shall not include any fees for contributions related to the election or support of any candidate for political office.

Nothing in this subsection (g) shall preclude an employee from making voluntary political contributions in conjunction with his or her fair share payment.

(g-1) "Fire fighter" means, for the purposes of this Act HB3595 Enrolled - 28 - LRB104 08153 BAB 18201 b only, any person who has been or is hereafter appointed to a fire department or fire protection district or employed by a state university and sworn or commissioned to perform fire fighter duties or paramedic duties, including paramedics employed by a unit of local government, except that the following persons are not included:

part-time fire fighters, auxiliary, reserve or voluntary fire fighters, including paid on-call fire fighters, clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform fire fighter duties, or elected officials.

(g-2) "General Assembly of the State of Illinois" means the legislative branch of the government of the State of Illinois, as provided for under Article IV of the Constitution of the State of Illinois, and includes, but is not limited to, the House of Representatives, the Senate, 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, the Joint Committee on Legislative Support Services, and any legislative support services agency listed in the Legislative Commission Reorganization Act of 1984.

(h) "Governing body" means, in the case of the State, the State Panel of the Illinois Labor Relations Board, the Director of the Department of Central Management Services, and the Director of the Department of Labor;

the county board in HB3595 Enrolled - 29 - LRB104 08153 BAB 18201 b the case of a county;

the corporate authorities in the case of a municipality;

and the appropriate body authorized to provide for expenditures of its funds in the case of any other unit of government.

(i) "Labor organization" means any organization in which public employees participate and that exists for the purpose, in whole or in part, of dealing with a public employer concerning wages, hours, and other terms and conditions of employment, including the settlement of grievances.

(i-5) "Legislative liaison" means a person who is an employee of a State agency, the Attorney General, the Secretary of State, the Comptroller, or the Treasurer, as the case may be, and whose job duties require the person to regularly communicate in the course of his or her employment with any official or staff of the General Assembly of the State of Illinois for the purpose of influencing any legislative action.

(j) "Managerial employee" means an individual who is engaged predominantly in executive and management functions and is charged with the responsibility of directing the effectuation of management policies and practices.

Determination of managerial employee status shall be based on actual employee job duties and not solely on written job descriptions.

With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were HB3595 Enrolled - 30 - LRB104 08153 BAB 18201 b certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, "managerial employee" means an individual who is engaged in executive and management functions or who is charged with the effectuation of management policies and practices or who represents management interests by taking or recommending discretionary actions that effectively control or implement policy.

On and after the effective date of this amendatory Act of the 104th General Assembly, "managerial employee" includes the individual designated or appointed by a sheriff as the undersheriff or chief deputy to fill a vacancy under Section 3-3010 of the Counties Code and the individual serving as the superintendent of the jail under Section 3 of the County Jail Act, unless the sheriff and the relevant union have mutually agreed otherwise or the individual is already otherwise recognized under subsection (c) of Section 9 or any other provision of this Act.

Nothing in this definition prohibits an individual from also meeting the definition of "supervisor" under subsection (r) of this Section.

(k) "Peace officer" means, for the purposes of this Act only, any persons who have been or are hereafter appointed to a police force, department, or agency and sworn or commissioned to perform police duties, except that the following persons HB3595 Enrolled - 31 - LRB104 08153 BAB 18201 b are not included:

part-time police officers, special police officers, auxiliary police as defined by Section 3.1-30-20 of the Illinois Municipal Code, night watchmen, "merchant police", court security officers as defined by Section 3-6012.1 of the Counties Code, temporary employees, traffic guards or wardens, civilian parking meter and parking facilities personnel or other individuals specially appointed to aid or direct traffic at or near schools or public functions or to aid in civil defense or disaster, parking enforcement employees who are not commissioned as peace officers and who are not armed and who are not routinely expected to effect arrests, parking lot attendants, clerks and dispatchers or other civilian employees of a police department who are not routinely expected to effect arrests, or elected officials.

(l) "Person" includes one or more individuals, labor organizations, public employees, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or the State of Illinois or any political subdivision of the State or governing body, but does not include the General Assembly of the State of Illinois or any individual employed by the General Assembly of the State of Illinois.

(m) "Professional employee" means any employee engaged in work predominantly intellectual and varied in character rather than routine mental, manual, mechanical or physical work;

involving the consistent exercise of discretion and adjustment HB3595 Enrolled - 32 - LRB104 08153 BAB 18201 b in its performance;

of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time;

and requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from apprenticeship or from training in the performance of routine mental, manual, or physical processes;

or any employee who has completed the courses of specialized intellectual instruction and study prescribed in this subsection (m) and is performing related work under the supervision of a professional person to qualify to become a professional employee as defined in this subsection (m).

(n) "Public employee" or "employee", for the purposes of this Act, means any individual employed by a public employer, including (i) interns and residents at public hospitals, (ii) as of July 16, 2003 (the effective date of Public Act 93-204), but not before, personal assistants working under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to the limitations set forth in this Act and in the Rehabilitation of Persons with Disabilities Act, (iii) as of January 1, 2006 (the effective date of Public Act 94-320), but not before, early care and education child and day care home providers participating in the child care assistance program under Section 9A-11 of the HB3595 Enrolled - 33 - LRB104 08153 BAB 18201 b Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (n), home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, (v) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any person employed by a public employer and who is classified as or who holds the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, Plant Operating Engineer, and any other employee who holds the position of:

Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V employed by the Department of Transportation who is in a position which is HB3595 Enrolled - 34 - LRB104 08153 BAB 18201 b certified in a bargaining unit on or before July 19, 2013 (the effective date of Public Act 98-100), and (vi) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any mental health administrator in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 8K), any employee of the Office of the Inspector General in the Department of Human Services who is classified as or who holds the position of Public Service Administrator (Option 7), any Deputy of Intelligence in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 7), and any employee of the Illinois State Police who handles issues concerning the Illinois State Police Sex Offender Registry and who is classified as or holds the position of Public Service Administrator (Option 7), but excluding all of the following:

employees of the General Assembly of the State of Illinois;

elected officials;

executive heads of a department;

members of boards or commissions;

the Executive Inspectors General;

any special Executive Inspectors General;

employees of each Office of an Executive Inspector General;

commissioners and employees of the Executive Ethics Commission;

the Auditor General's Inspector General;

employees of the Office of the Auditor General's Inspector General;

the Legislative Inspector General;

any special Legislative Inspectors General;

employees of the Office of the Legislative Inspector General;

HB3595 Enrolled - 35 - LRB104 08153 BAB 18201 b commissioners and employees of the Legislative Ethics Commission;

employees of any agency, board or commission created by this Act;

employees appointed to State positions of a temporary or emergency nature;

all employees of school districts and higher education institutions except firefighters and peace officers employed by a state university and except peace officers employed by a school district in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257);

managerial employees;

short-term employees;

legislative liaisons;

a person who is a State employee under the jurisdiction of the Office of the Attorney General who is licensed to practice law or whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation;

a person who is a State employee under the jurisdiction of the Office of the Comptroller who holds the position of Public Service Administrator or whose position is otherwise exempt under the Comptroller Merit Employment Code;

a person who is a State employee under the jurisdiction of the Secretary of State who holds the position classification of Executive I or higher, whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation, or who is otherwise exempt under the Secretary of State Merit Employment HB3595 Enrolled - 36 - LRB104 08153 BAB 18201 b Code;

employees in the Office of the Secretary of State who are completely exempt from jurisdiction B of the Secretary of State Merit Employment Code and who are in Rutan-exempt positions on or after April 5, 2013 (the effective date of Public Act 97-1172);

a person who is a State employee under the jurisdiction of the Treasurer who holds a position that is exempt from the State Treasurer Employment Code;

any employee of a State agency who (i) holds the title or position of, or exercises substantially similar duties as a legislative liaison, Agency General Counsel, Agency Chief of Staff, Agency Executive Director, Agency Deputy Director, Agency Chief Fiscal Officer, Agency Human Resources Director, Public Information Officer, or Chief Information Officer and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit;

any employee of a State agency who (i) is in a position that is Rutan-exempt, as designated by the employer, and completely exempt from jurisdiction B of the Personnel Code and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit;

any term appointed employee of a State agency pursuant to Section 8b.18 or 8b.19 of the Personnel Code who was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit;

any employment position properly designated pursuant to Section 6.1 of this Act;

confidential employees;

independent contractors;

and HB3595 Enrolled - 37 - LRB104 08153 BAB 18201 b supervisors except as provided in this Act.

Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be considered public employees for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits.

Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group Insurance Act of 1971.

Early care and education Child and day care home providers shall not be considered public employees for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits.

Early care and education Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

Notwithstanding Section 9, subsection (c), or any other provisions of this Act, all peace officers above the rank of captain in municipalities with more than 1,000,000 inhabitants HB3595 Enrolled - 38 - LRB104 08153 BAB 18201 b shall be excluded from this Act.

(o) Except as otherwise in subsection (o-5), "public employer" or "employer" means the State of Illinois;

any political subdivision of the State, unit of local government or school district;

authorities including departments, divisions, bureaus, boards, commissions, or other agencies of the foregoing entities;

and any person acting within the scope of his or her authority, express or implied, on behalf of those entities in dealing with its employees.

As of July 16, 2003 (the effective date of Public Act 93-204), but not before, the State of Illinois shall be considered the employer of the personal assistants working under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to the limitations set forth in this Act and in the Rehabilitation of Persons with Disabilities Act.

As of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (o), the State shall be considered the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, but subject to the limitations set forth in this Act and the HB3595 Enrolled - 39 - LRB104 08153 BAB 18201 b Rehabilitation of Persons with Disabilities Act.

The State shall not be considered to be the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits.

Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group Insurance Act of 1971.

As of January 1, 2006 (the effective date of Public Act 94-320), but not before, the State of Illinois shall be considered the employer of the early care and education day and child care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code.

The State shall not be considered to be the employer of early care and education child and day care home providers for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and HB3595 Enrolled - 40 - LRB104 08153 BAB 18201 b purposes of statutory retirement or health insurance benefits.

Early care and education Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

"Public employer" or "employer" as used in this Act, however, does not mean and shall not include the General Assembly of the State of Illinois, the Executive Ethics Commission, the Offices of the Executive Inspectors General, the Legislative Ethics Commission, the Office of the Legislative Inspector General, the Office of the Auditor General's Inspector General, the Office of the Governor, the Governor's Office of Management and Budget, the Illinois Finance Authority, the Office of the Lieutenant Governor, the State Board of Elections, and educational employers or employers as defined in the Illinois Educational Labor Relations Act, except with respect to a state university in its employment of firefighters and peace officers and except with respect to a school district in the employment of peace officers in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257).

County boards and county sheriffs shall be designated as joint or co-employers of county peace officers appointed under the authority of a county sheriff.

Nothing in this subsection (o) shall be construed to prevent the State Panel or the Local Panel from determining that employers are joint or co-employers.

HB3595 Enrolled - 41 - LRB104 08153 BAB 18201 b (o-5) With respect to wages, fringe benefits, hours, holidays, vacations, proficiency examinations, sick leave, and other conditions of employment, the public employer of public employees who are court reporters, as defined in the Court Reporters Act, shall be determined as follows:

(1) For court reporters employed by the Cook County Judicial Circuit, the chief judge of the Cook County Circuit Court is the public employer and employer representative.

(2) For court reporters employed by the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial circuits, a group consisting of the chief judges of those circuits, acting jointly by majority vote, is the public employer and employer representative.

(3) For court reporters employed by all other judicial circuits, a group consisting of the chief judges of those circuits, acting jointly by majority vote, is the public employer and employer representative.

(p) "Security employee" means an employee who is responsible for the supervision and control of inmates at correctional facilities.

The term also includes other non-security employees in bargaining units having the majority of employees being responsible for the supervision and control of inmates at correctional facilities.

(q) "Short-term employee" means an employee who is employed for less than 2 consecutive calendar quarters during HB3595 Enrolled - 42 - LRB104 08153 BAB 18201 b a calendar year and who does not have a reasonable assurance that he or she will be rehired by the same employer for the same service in a subsequent calendar year.

(q-5) "State agency" means an agency directly responsible to the Governor, as defined in Section 3.1 of the Executive Reorganization Implementation Act, and the Illinois Commerce Commission, the Illinois Workers' Compensation Commission, the Civil Service Commission, the Pollution Control Board, the Illinois Racing Board, and the Illinois State Police Merit Board.

(r) "Supervisor" is:

(1) An employee whose principal work is substantially different from that of his or her subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment.

Except with respect to police employment, the term "supervisor" includes only those individuals who devote a preponderance of their employment time to exercising that authority, State supervisors notwithstanding.

Determinations of supervisor status shall be based on actual employee job duties and not solely on written job descriptions.

Nothing HB3595 Enrolled - 43 - LRB104 08153 BAB 18201 b in this definition prohibits an individual from also meeting the definition of "managerial employee" under subsection (j) of this Section.

In addition, in determining supervisory status in police employment, rank shall not be determinative.

The Board shall consider, as evidence of bargaining unit inclusion or exclusion, the common law enforcement policies and relationships between police officer ranks and certification under applicable civil service law, ordinances, personnel codes, or Division 2.1 of Article 10 of the Illinois Municipal Code, but these factors shall not be the sole or predominant factors considered by the Board in determining police supervisory status.

Notwithstanding the provisions of the preceding paragraph, in determining supervisory status in fire fighter employment, no fire fighter shall be excluded as a supervisor who has established representation rights under Section 9 of this Act.

Further, in fire fighter units, employees shall consist of fire fighters of the highest rank of company officer and below.

A company officer may be responsible for multiple companies or apparatus on a shift, multiple stations, or an entire shift.

There may be more than one company officer per shift.

If a company officer otherwise qualifies as a supervisor under the preceding paragraph, however, he or she shall not be included in the fire fighter unit.

If there is no rank HB3595 Enrolled - 44 - LRB104 08153 BAB 18201 b between that of chief and the highest company officer, the employer may designate a position on each shift as a Shift Commander, and the persons occupying those positions shall be supervisors.

All other ranks above that of the highest company officer shall be supervisors.

(2) With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, an employee who qualifies as a supervisor under (A) Section 152 of the National Labor Relations Act and (B) orders of the National Labor Relations Board interpreting that provision or decisions of courts reviewing decisions of the National Labor Relations Board.

(3) With respect to a police officer, other than a police officer employed by the Illinois State Police, any officer in a permanent rank for which the police officer is appointed.

For municipal police officers, "in a permanent rank" shall mean those not subject to promotional testing pursuant to Division 1 or Division 2.1 of the Illinois Municipal Code.

The position or rank HB3595 Enrolled - 45 - LRB104 08153 BAB 18201 b immediately below that of Chief, whether occupied by a person or persons in appointed positions or a tested rank shall also be considered supervisors unless that rank is that of patrol officer.

An appointment of duties in which the tested permanent rank does not change shall not be considered the appointment of a supervisor under this definition.

(4) With respect to a police officer for the State Police, any rank of Major or above.

Notwithstanding the provisions of paragraph (1) of subsection (r), "supervisor" does not include (1) a police officer excluded from the definition of "supervisor" by a collective bargaining agreement, (2) a police officer who is in a rank for which the police officer must complete a written test pursuant to Division 1 or Division 2.1 of the Illinois Municipal Code in order to be employed in that rank, (3) a police officer who is in a position or rank that has been voluntarily recognized as covered by a collective bargaining agreement by the employer, or (4) a police officer who is in a position or rank that has been historically covered by a collective bargaining agreement.

However, these exclusions from the definition of "supervisor" only apply in this Act for the purposes of supervisory collective bargaining purposes only.

Employees occupying supervisory bargaining ranks shall still be required to perform supervisory functions as outlined in paragraph (1) of subsection (r) and be held accountable for HB3595 Enrolled - 46 - LRB104 08153 BAB 18201 b failure to perform supervisory functions.

(s)(1) "Unit" means a class of jobs or positions that are held by employees whose collective interests may suitably be represented by a labor organization for collective bargaining.

Except with respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both employees and supervisors, or supervisors only, except as provided in paragraph (2) of this subsection (s) and except for bargaining units in existence on July 1, 1984 (the effective date of this Act).

With respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both supervisors and nonsupervisors, or supervisors only, except as provided in paragraph (2) of this subsection (s) and except for bargaining units in existence on January 1, 1986 (the effective date of this amendatory Act of 1985).

A bargaining unit determined by the Board to contain peace officers shall contain no employees other than peace officers unless otherwise agreed to by the employer and the labor organization or labor organizations involved.

Notwithstanding any other provision of this Act, a bargaining unit, including a historical bargaining unit, containing sworn peace officers of HB3595 Enrolled - 47 - LRB104 08153 BAB 18201 b the Department of Natural Resources (formerly designated the Department of Conservation) shall contain no employees other than such sworn peace officers upon the effective date of this amendatory Act of 1990 or upon the expiration date of any collective bargaining agreement in effect upon the effective date of this amendatory Act of 1990 covering both such sworn peace officers and other employees.

(2) Notwithstanding the exclusion of supervisors from bargaining units as provided in paragraph (1) of this subsection (s), a public employer may agree to permit its supervisory employees to form bargaining units and may bargain with those units.

This Act shall apply if the public employer chooses to bargain under this subsection.

(3) Public employees who are court reporters, as defined in the Court Reporters Act, shall be divided into 3 units for collective bargaining purposes.

One unit shall be court reporters employed by the Cook County Judicial Circuit;

one unit shall be court reporters employed by the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial circuits;

and one unit shall be court reporters employed by all other judicial circuits.

(t) "Active petition for certification in a bargaining unit" means a petition for certification filed with the Board under one of the following case numbers:

S-RC-11-110;

S-RC-11-098;

S-UC-11-080;

S-RC-11-086;

S-RC-11-074;

S-RC-11-076;

S-RC-11-078;

S-UC-11-052;

S-UC-11-054;

HB3595 Enrolled - 48 - LRB104 08153 BAB 18201 b S-RC-11-062;

S-RC-11-060;

S-RC-11-042;

S-RC-11-014;

S-RC-11-016;

S-RC-11-020;

S-RC-11-030;

S-RC-11-004;

S-RC-10-244;

S-RC-10-228;

S-RC-10-222;

S-RC-10-220;

S-RC-10-214;

S-RC-10-196;

S-RC-10-194;

S-RC-10-178;

S-RC-10-176;

S-RC-10-162;

S-RC-10-156;

S-RC-10-088;

S-RC-10-074;

S-RC-10-076;

S-RC-10-078;

S-RC-10-060;

S-RC-10-070;

S-RC-10-044;

S-RC-10-038;

S-RC-10-040;

S-RC-10-042;

S-RC-10-018;

S-RC-10-024;

S-RC-10-004;

S-RC-10-006;

S-RC-10-008;

S-RC-10-010;

S-RC-10-012;

S-RC-09-202;

S-RC-09-182;

S-RC-09-180;

S-RC-09-156;

S-UC-09-196;

S-UC-09-182;

S-RC-08-130;

S-RC-07-110;

or S-RC-07-100.

(Source:

P.A.

103-154, eff.

6-30-23;

104-118, eff.

7-1-26.) (5 ILCS 315/7) (from Ch.

48, par.

1607) Sec.

7.

Duty to bargain.

A public employer and the exclusive representative have the authority and the duty to bargain collectively set forth in this Section.

For the purposes of this Act, "to bargain collectively" means the performance of the mutual obligation of the public employer or his designated representative and the representative of the public employees to meet at reasonable times, including meetings in advance of the budget-making process, and to negotiate in good faith with respect to wages, hours, and other conditions of employment, not excluded by Section 4 of this Act, or the negotiation of an agreement, or HB3595 Enrolled - 49 - LRB104 08153 BAB 18201 b any question arising thereunder and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession.

The duty "to bargain collectively" shall also include an obligation to negotiate over any matter with respect to wages, hours and other conditions of employment, not specifically provided for in any other law or not specifically in violation of the provisions of any law.

If any other law pertains, in part, to a matter affecting the wages, hours and other conditions of employment, such other law shall not be construed as limiting the duty "to bargain collectively" and to enter into collective bargaining agreements containing clauses which either supplement, implement, or relate to the effect of such provisions in other laws.

The duty "to bargain collectively" shall also include negotiations as to the terms of a collective bargaining agreement.

The parties may, by mutual agreement, provide for arbitration of impasses resulting from their inability to agree upon wages, hours and terms and conditions of employment to be included in a collective bargaining agreement.

Such arbitration provisions shall be subject to the Illinois "Uniform Arbitration Act" unless agreed by the parties.

The duty "to bargain collectively" shall also mean that no party to a collective bargaining contract shall terminate or modify such contract, unless the party desiring such HB3595 Enrolled - 50 - LRB104 08153 BAB 18201 b termination or modification:

(1) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification;

(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

(3) notifies the Board within 30 days after such notice of the existence of a dispute, provided no agreement has been reached by that time;

and (4) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given to the other party or until the expiration date of such contract, whichever occurs later.

The duties imposed upon employers, employees and labor organizations by paragraphs (2), (3) and (4) shall become inapplicable upon an intervening certification of the Board, under which the labor organization, which is a party to the contract, has been superseded as or ceased to be the exclusive representative of the employees pursuant to the provisions of subsection (a) of Section 9, and the duties so imposed shall HB3595 Enrolled - 51 - LRB104 08153 BAB 18201 b not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract.

Collective bargaining for home care and home health workers who function as personal assistants and individual maintenance home health workers under the Home Services Program shall be limited to the terms and conditions of employment under the State's control, as defined in Public Act 93-204 or this amendatory Act of the 97th General Assembly, as applicable.

Collective bargaining for child and early care and education day care home providers under the child care assistance program shall be limited to the terms and conditions of employment under the State's control, as defined in this amendatory Act of the 94th General Assembly.

Notwithstanding any other provision of this Section, whenever collective bargaining is for the purpose of establishing an initial agreement following original certification of units, with respect to public employees other than peace officers, fire fighters, and security employees, the following apply:

(1) Not later than 10 days after receiving a written request for collective bargaining from a labor organization that has been newly certified as a HB3595 Enrolled - 52 - LRB104 08153 BAB 18201 b representative as defined in Section 6(c), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

(2) If anytime after the expiration of the 90-day period beginning on the date on which bargaining is commenced the parties have failed to reach an agreement, either party may notify the Illinois Public Labor Relations Board of the existence of a dispute and request mediation in accordance with the provisions of Section 14 of this Act.

(3) If after the expiration of the 30-day period beginning on the date on which mediation commenced, or such additional period as the parties may agree upon, the mediator is not able to bring the parties to agreement by conciliation, either the exclusive representative of the employees or the employer may request of the other, in writing, arbitration and shall submit a copy of the request to the board.

Upon submission of the request for arbitration, the parties shall be required to participate in the impasse arbitration procedures set forth in Section 14 of this Act, except the right to strike shall not be considered waived pursuant to Section 17 of this Act, until the actual convening of the arbitration hearing.

(Source:

P.A.

104-358, eff.

8-15-25.) HB3595 Enrolled - 53 - LRB104 08153 BAB 18201 b Section 10.

The Voluntary Payroll Deductions Act of 1983 is amended by changing Section 3 as follows:

(5 ILCS 340/3) (from Ch.

15, par.

503) Sec.

3.

Definitions.

As used in this Act unless the context otherwise requires:

(a) "Employee" means any regular officer or employee who receives salary or wages for personal services rendered to the State of Illinois, and includes an individual hired as an employee by contract with that individual.

(b) "Qualified organization" means an organization representing one or more benefiting agencies, which organization is designated by the State Comptroller as qualified to receive payroll deductions under this Act.

An organization desiring to be designated as a qualified organization shall:

(1) Submit written or electronic designations on forms approved by the State Comptroller by 500 or more employees or State annuitants, in which such employees or State annuitants indicate that the organization is one for which the employee or State annuitant intends to authorize withholding.

The forms shall require the name, last 4 digits only of the social security number, and employing State agency for each employee.

Upon notification by the Comptroller that such forms have been approved, the HB3595 Enrolled - 54 - LRB104 08153 BAB 18201 b organization shall, within 30 days, notify in writing the Comptroller or his or her designee of its intention to obtain the required number of designations.

Such organization shall have 12 months from that date to obtain the necessary designations and return to the State Comptroller's office the completed designations, which shall be subject to verification procedures established by the State Comptroller;

(2) Certify that all benefiting agencies are tax exempt under Section 501(c)(3) of the Internal Revenue Code;

(3) Certify that all benefiting agencies are in compliance with the Illinois Human Rights Act;

(4) Certify that all benefiting agencies are in compliance with the Charitable Trust Act and the Solicitation for Charity Act;

(5) Certify that all benefiting agencies actively conduct health or welfare programs and provide services to individuals directed at one or more of the following common human needs within a community:

service, research, and education in the health fields;

early care and education family and child care services;

protective services for children and adults;

services for children and adults in foster care;

services related to the management and maintenance of the home;

day care services for adults;

transportation services;

information, referral HB3595 Enrolled - 55 - LRB104 08153 BAB 18201 b and counseling services;

services to eliminate illiteracy;

the preparation and delivery of meals;

adoption services;

emergency shelter care and relief services;

disaster relief services;

safety services;

neighborhood and community organization services;

recreation services;

social adjustment and rehabilitation services;

health support services;

or a combination of such services designed to meet the special needs of specific groups, such as children and youth, the ill and infirm, and persons with physical disabilities;

and that all such benefiting agencies provide the above described services to individuals and their families in the community and surrounding area in which the organization conducts its fund drive, or that such benefiting agencies provide relief to victims of natural disasters and other emergencies on a where and as needed basis;

(6) Certify that the organization has disclosed the percentage of the organization's total collected receipts from employees or State annuitants that are distributed to the benefiting agencies and the percentage of the organization's total collected receipts from employees or State annuitants that are expended for fund-raising and overhead costs.

These percentages shall be the same percentage figures annually disclosed by the organization to the Attorney General.

The disclosure shall be made to all solicited employees and State annuitants and shall be HB3595 Enrolled - 56 - LRB104 08153 BAB 18201 b in the form of a factual statement on all petitions and in the campaign's brochures for employees and State annuitants;

(7) Certify that all benefiting agencies receiving funds which the employee or State annuitant has requested or designated for distribution to a particular community and surrounding area use a majority of such funds distributed for services in the actual provision of services in that community and surrounding area;

(8) Certify that neither it nor its member organizations will solicit State employees for contributions at their workplace, except pursuant to this Act and the rules promulgated thereunder.

Each qualified organization, and each participating United Fund, is encouraged to cooperate with all others and with all State agencies and educational institutions so as to simplify procedures, to resolve differences and to minimize costs;

(9) Certify that it will pay its share of the campaign costs and will comply with the Code of Campaign Conduct as approved by the Comptroller or other agency as designated by the Comptroller;

and (10) Certify that it maintains a year-round office, the telephone number, and person responsible for the operations of the organization in Illinois.

That information shall be provided to the State Comptroller at the time the organization is seeking participation under HB3595 Enrolled - 57 - LRB104 08153 BAB 18201 b this Act.

Each qualified organization shall submit to the State Comptroller between January 1 and March 1 of each year, a statement that the organization is in compliance with all of the requirements set forth in paragraphs (2) through (10).

The State Comptroller shall exclude any organization that fails to submit the statement from the next solicitation period.

In order to be designated as a qualified organization, the organization shall have existed at least 2 years prior to submitting the written or electronic designation forms required in paragraph (1) and shall certify to the State Comptroller that such organization has been providing services described in paragraph (5) in Illinois.

If the organization seeking designation represents more than one benefiting agency, it need not have existed for 2 years but shall certify to the State Comptroller that each of its benefiting agencies has existed for at least 2 years prior to submitting the written or electronic designation forms required in paragraph (1) and that each has been providing services described in paragraph (5) in Illinois.

Organizations which have met the requirements of this Act shall be permitted to participate in the State and Universities Combined Appeal as of January 1st of the year immediately following their approval by the Comptroller.

Where the certifications described in paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and (10) above are made by an HB3595 Enrolled - 58 - LRB104 08153 BAB 18201 b organization representing more than one benefiting agency they shall be based upon the knowledge and belief of such qualified organization.

Any qualified organization shall immediately notify the State Comptroller in writing if the qualified organization receives information or otherwise believes that a benefiting agency is no longer in compliance with the certification of the qualified organization.

A qualified organization representing more than one benefiting agency shall thereafter withhold and refrain from distributing to such benefiting agency those funds received pursuant to this Act until the benefiting agency is again in compliance with the qualified organization's certification.

The qualified organization shall immediately notify the State Comptroller of the benefiting agency's resumed compliance with the certification, based upon the qualified organization's knowledge and belief, and shall pay over to the benefiting agency those funds previously withheld.

In order to qualify, a qualified organization must receive 250 deduction pledges from the immediately preceding solicitation period as set forth in Section 6.

The Comptroller shall, by February 1st of each year, so notify any qualified organization that failed to receive the minimum deduction requirement.

The notification shall give such qualified organization until March 1st to provide the Comptroller with documentation that the minimum deduction requirement has been met.

On the basis of all the documentation, the Comptroller HB3595 Enrolled - 59 - LRB104 08153 BAB 18201 b shall, by March 15th of each year, make publicly available a list of all organizations which have met the minimum payroll deduction requirement.

Only those organizations which have met such requirements, as well as the other requirements of this Section, shall be permitted to solicit State employees or State annuitants for voluntary contributions, and the Comptroller shall discontinue withholding for any such organization which fails to meet these requirements, except qualified organizations that received deduction pledges during the 2004 solicitation period are deemed to be qualified for the 2005 solicitation period.

(c) "United Fund" means the organization conducting the single, annual, consolidated effort to secure funds for distribution to agencies engaged in charitable and public health, welfare and services purposes, which is commonly known as the United Fund, or the organization which serves in place of the United Fund organization in communities where an organization known as the United Fund is not organized.

In order for a United Fund to participate in the State and Universities Employees Combined Appeal, it shall comply with the provisions of paragraph (9) of subsection (b).

(d) "State and Universities Employees Combined Appeal", otherwise known as "SECA", means the State-directed joint effort of all of the qualified organizations, together with the United Funds, for the solicitation of voluntary contributions from State and University employees and State HB3595 Enrolled - 60 - LRB104 08153 BAB 18201 b annuitants.

(e) "Retirement system" means any or all of the following:

the General Assembly Retirement System, the State Employees' Retirement System of Illinois, the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, and the Judges Retirement System.