Bill Amendment: IL SB1066 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GOVERNMENT-TECH
Status: 2021-01-13 - Session Sine Die [SB1066 Detail]
Download: Illinois-2019-SB1066-Senate_Amendment_001.html
Bill Title: GOVERNMENT-TECH
Status: 2021-01-13 - Session Sine Die [SB1066 Detail]
Download: Illinois-2019-SB1066-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1066
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2 | AMENDMENT NO. ______. Amend Senate Bill 1066 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Sections 3, 7, and 15.1 and by adding | ||||||
6 | Sections 5.2 and 5.3 as follows:
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7 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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8 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
9 | context
otherwise requires:
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10 | (a) "Board" means the Department of Labor as successor to | ||||||
11 | the Illinois
Labor Relations Board or, with respect to a matter | ||||||
12 | over which the
jurisdiction of the Board is assigned to the | ||||||
13 | State Panel or the Local Panel
under Section 5, the panel | ||||||
14 | having jurisdiction over the matter .
| ||||||
15 | (b) "Collective bargaining" means bargaining over terms | ||||||
16 | and conditions
of employment, including hours, wages, and other |
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| |||||||
1 | conditions of employment,
as detailed in Section 7 and which | ||||||
2 | are not excluded by Section 4.
| ||||||
3 | (c) "Confidential employee" means an employee who, in the | ||||||
4 | regular course
of his or her duties, assists and acts in a | ||||||
5 | confidential capacity to persons
who formulate, determine, and | ||||||
6 | effectuate management policies with regard
to labor relations | ||||||
7 | or who, in the regular course of his or her duties, has
| ||||||
8 | authorized access to information relating to the effectuation
| ||||||
9 | or review of the employer's collective bargaining policies.
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10 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
11 | persons, and their
apprentices and helpers.
| ||||||
12 | (e) "Essential services employees" means those public | ||||||
13 | employees
performing functions so essential that the | ||||||
14 | interruption or termination of
the function will constitute a | ||||||
15 | clear and present danger to the health and
safety of the | ||||||
16 | persons in the affected community.
| ||||||
17 | (f) "Exclusive representative", except with respect to | ||||||
18 | non-State fire
fighters and paramedics employed by fire | ||||||
19 | departments and fire protection
districts, non-State peace | ||||||
20 | officers, and peace officers in the
Department of State Police, | ||||||
21 | means the labor organization that has
been (i) designated by | ||||||
22 | the Board as the representative of a majority of public
| ||||||
23 | employees in an appropriate bargaining unit in accordance with | ||||||
24 | the procedures
contained in this Act, (ii) historically
| ||||||
25 | recognized by the State of Illinois or
any political | ||||||
26 | subdivision of the State before July 1, 1984
(the effective |
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| |||||||
1 | date of this
Act) as the exclusive representative of the | ||||||
2 | employees in an appropriate
bargaining unit, (iii) after July | ||||||
3 | 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
4 | employer upon evidence, acceptable to the Board, that the labor
| ||||||
5 | organization has been designated as the exclusive | ||||||
6 | representative by a
majority of the employees in an appropriate | ||||||
7 | bargaining unit;
(iv) recognized as the exclusive | ||||||
8 | representative of personal
assistants under Executive Order | ||||||
9 | 2003-8 prior to the effective date of this
amendatory
Act of | ||||||
10 | the 93rd General Assembly, and the organization shall be | ||||||
11 | considered to
be the
exclusive representative of the personal | ||||||
12 | assistants
as defined
in this Section; or (v) recognized as the | ||||||
13 | exclusive representative of child and day care home providers, | ||||||
14 | including licensed and license exempt providers, pursuant to an | ||||||
15 | election held under Executive Order 2005-1 prior to the | ||||||
16 | effective date of this amendatory Act of the 94th General | ||||||
17 | Assembly, and the organization shall be considered to be the | ||||||
18 | exclusive representative of the child and day care home | ||||||
19 | providers as defined in this Section.
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20 | With respect to non-State fire fighters and paramedics | ||||||
21 | employed by fire
departments and fire protection districts, | ||||||
22 | non-State peace officers, and
peace officers in the Department | ||||||
23 | of State Police,
"exclusive representative" means the labor | ||||||
24 | organization that has
been (i) designated by the Board as the | ||||||
25 | representative of a majority of peace
officers or fire fighters | ||||||
26 | in an appropriate bargaining unit in accordance
with the |
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| |||||||
1 | procedures contained in this Act, (ii)
historically recognized
| ||||||
2 | by the State of Illinois or any political subdivision of the | ||||||
3 | State before
January 1, 1986 (the effective date of this | ||||||
4 | amendatory Act of 1985) as the exclusive
representative by a | ||||||
5 | majority of the peace officers or fire fighters in an
| ||||||
6 | appropriate bargaining unit, or (iii) after January 1,
1986 | ||||||
7 | (the effective date of this amendatory
Act of 1985) recognized | ||||||
8 | by an employer upon evidence, acceptable to the
Board, that the | ||||||
9 | labor organization has been designated as the exclusive
| ||||||
10 | representative by a majority of the peace officers or fire | ||||||
11 | fighters in an
appropriate bargaining unit.
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12 | Where a historical pattern of representation exists for the | ||||||
13 | workers of a water system that was owned by a public utility, | ||||||
14 | as defined in Section 3-105 of the Public Utilities Act, prior | ||||||
15 | to becoming certified employees of a municipality or | ||||||
16 | municipalities once the municipality or municipalities have | ||||||
17 | acquired the water system as authorized in Section 11-124-5 of | ||||||
18 | the Illinois Municipal Code, the Board shall find the labor | ||||||
19 | organization that has historically represented the workers to | ||||||
20 | be the exclusive representative under this Act, and shall find | ||||||
21 | the unit represented by the exclusive representative to be the | ||||||
22 | appropriate unit. | ||||||
23 | (g) "Fair share agreement" means an agreement between the | ||||||
24 | employer and
an employee organization under which all or any of | ||||||
25 | the employees in a
collective bargaining unit are required to | ||||||
26 | pay their proportionate share of
the costs of the collective |
| |||||||
| |||||||
1 | bargaining process, contract administration, and
pursuing | ||||||
2 | matters affecting wages, hours, and other conditions of | ||||||
3 | employment,
but not to exceed the amount of dues uniformly | ||||||
4 | required of members. The
amount certified by the exclusive | ||||||
5 | representative shall not include any fees
for contributions | ||||||
6 | related to the election or support of any candidate for
| ||||||
7 | political office. Nothing in this subsection (g) shall
preclude | ||||||
8 | an employee from making
voluntary political contributions in | ||||||
9 | conjunction with his or her fair share
payment.
| ||||||
10 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
11 | only, any
person who has been or is hereafter appointed to a | ||||||
12 | fire department or fire
protection district or employed by a | ||||||
13 | state university and sworn or
commissioned to perform fire | ||||||
14 | fighter duties or paramedic duties, including paramedics | ||||||
15 | employed by a unit of local government, except that the
| ||||||
16 | following persons are not included: part-time fire fighters,
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17 | auxiliary, reserve or voluntary fire fighters, including paid | ||||||
18 | on-call fire
fighters, clerks and dispatchers or other civilian | ||||||
19 | employees of a fire
department or fire protection district who | ||||||
20 | are not routinely expected to
perform fire fighter duties, or | ||||||
21 | elected officials.
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22 | (g-2) "General Assembly of the State of Illinois" means the
| ||||||
23 | legislative branch of the government of the State of Illinois, | ||||||
24 | as provided
for under Article IV of the Constitution of the | ||||||
25 | State of Illinois, and
includes but is not limited to the House | ||||||
26 | of Representatives, the Senate,
the Speaker of the House of |
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| |||||||
1 | Representatives, the Minority Leader of the
House of | ||||||
2 | Representatives, the President of the Senate, the Minority | ||||||
3 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
4 | Support Services and any
legislative support services agency | ||||||
5 | listed in the Legislative Commission
Reorganization Act of | ||||||
6 | 1984.
| ||||||
7 | (h) "Governing body" means, in the case of the State, the | ||||||
8 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
9 | of the Department of Central
Management Services, and the | ||||||
10 | Director of the Department of Labor; the county
board in the | ||||||
11 | case of a county; the corporate authorities in the case of a
| ||||||
12 | municipality; and the appropriate body authorized to provide | ||||||
13 | for expenditures
of its funds in the case of any other unit of | ||||||
14 | government.
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15 | (i) "Labor organization" means any organization in which | ||||||
16 | public employees
participate and that exists for the purpose, | ||||||
17 | in whole or in part, of dealing
with a public employer | ||||||
18 | concerning wages, hours, and other terms and conditions
of | ||||||
19 | employment, including the settlement of grievances.
| ||||||
20 | (i-5) "Legislative liaison" means a person who is an | ||||||
21 | employee of a State agency, the Attorney General, the Secretary | ||||||
22 | of State, the Comptroller, or the Treasurer, as the case may | ||||||
23 | be, and whose job duties require the person to regularly | ||||||
24 | communicate in the course of his or her employment with any | ||||||
25 | official or staff of the General Assembly of the State of | ||||||
26 | Illinois for the purpose of influencing any legislative action. |
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1 | (j) "Managerial employee" means an individual who is | ||||||
2 | engaged
predominantly in executive and management functions | ||||||
3 | and is charged with the
responsibility of directing the | ||||||
4 | effectuation of management policies
and practices. With | ||||||
5 | respect only to State employees in positions under the | ||||||
6 | jurisdiction of the Attorney General, Secretary of State, | ||||||
7 | Comptroller, or Treasurer (i) that were certified in a | ||||||
8 | bargaining unit on or after December 2, 2008, (ii) for which a | ||||||
9 | petition is filed with the Illinois Public Labor Relations | ||||||
10 | Board , or the Department of Labor as its successor, on or after | ||||||
11 | April 5, 2013 (the effective date of Public Act 97-1172), or | ||||||
12 | (iii) for which a petition is pending before the Illinois | ||||||
13 | Public Labor Relations Board on that date, "managerial | ||||||
14 | employee" means an individual who is engaged in executive and | ||||||
15 | management functions or who is charged with the effectuation of | ||||||
16 | management policies and practices or who represents management | ||||||
17 | interests by taking or recommending discretionary actions that | ||||||
18 | effectively control or implement policy. Nothing in this | ||||||
19 | definition prohibits an individual from also meeting the | ||||||
20 | definition of "supervisor" under subsection (r) of this | ||||||
21 | Section.
| ||||||
22 | (k) "Peace officer" means, for the purposes of this Act | ||||||
23 | only, any
persons who have been or are hereafter appointed to a | ||||||
24 | police force,
department, or agency and sworn or commissioned | ||||||
25 | to perform police duties,
except that the following persons are | ||||||
26 | not
included: part-time police
officers, special police |
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| |||||||
1 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
2 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
3 | police",
court security officers as defined by Section 3-6012.1 | ||||||
4 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
5 | wardens, civilian parking meter and
parking facilities | ||||||
6 | personnel or other individuals specially appointed to
aid or | ||||||
7 | direct traffic at or near schools or public functions or to aid | ||||||
8 | in
civil defense or disaster, parking enforcement employees who | ||||||
9 | are not
commissioned as peace officers and who are not armed | ||||||
10 | and who are not
routinely expected to effect arrests, parking | ||||||
11 | lot attendants, clerks and
dispatchers or other civilian | ||||||
12 | employees of a police department who are not
routinely expected | ||||||
13 | to effect arrests, or elected officials.
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14 | (l) "Person" includes one or more individuals, labor | ||||||
15 | organizations, public
employees, associations, corporations, | ||||||
16 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
17 | receivers, or the State of Illinois or any political
| ||||||
18 | subdivision of the State or governing body, but does not | ||||||
19 | include the General
Assembly of the State of Illinois or any | ||||||
20 | individual employed by the General
Assembly of the State of | ||||||
21 | Illinois.
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22 | (m) "Professional employee" means any employee engaged in | ||||||
23 | work predominantly
intellectual and varied in character rather | ||||||
24 | than routine mental, manual,
mechanical or physical work; | ||||||
25 | involving the consistent exercise of discretion
and adjustment | ||||||
26 | in its performance; of such a character that the output |
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| |||||||
1 | produced
or the result accomplished cannot be standardized in | ||||||
2 | relation to a given
period of time; and requiring advanced | ||||||
3 | knowledge in a field of science or
learning customarily | ||||||
4 | acquired by a prolonged course of specialized intellectual
| ||||||
5 | instruction and study in an institution of higher learning or a | ||||||
6 | hospital,
as distinguished from a general academic education or | ||||||
7 | from apprenticeship
or from training in the performance of | ||||||
8 | routine mental, manual, or physical
processes; or any employee | ||||||
9 | who has completed the courses of specialized
intellectual | ||||||
10 | instruction and study prescribed in this subsection (m) and is
| ||||||
11 | performing related
work under the supervision of a professional | ||||||
12 | person to qualify to become
a professional employee as defined | ||||||
13 | in this subsection (m).
| ||||||
14 | (n) "Public employee" or "employee", for the purposes of | ||||||
15 | this Act, means
any individual employed by a public employer, | ||||||
16 | including (i) interns and residents
at public hospitals, (ii) | ||||||
17 | as of the effective date of this amendatory Act of the 93rd | ||||||
18 | General
Assembly, but not
before, personal assistants working | ||||||
19 | under the Home
Services
Program under Section 3 of the | ||||||
20 | Rehabilitation of Persons with Disabilities Act, subject to
the
| ||||||
21 | limitations set forth in this Act and in the Rehabilitation of | ||||||
22 | Persons with Disabilities
Act,
(iii) as of the effective date | ||||||
23 | of this amendatory Act of the 94th General Assembly, but not | ||||||
24 | before, child and day care home providers participating in the | ||||||
25 | child care assistance program under Section 9A-11 of the | ||||||
26 | Illinois Public Aid Code, subject to the limitations set forth |
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1 | in this Act and in Section 9A-11 of the Illinois Public Aid | ||||||
2 | Code, (iv) as of January 29, 2013 (the effective date of Public | ||||||
3 | Act 97-1158), but not before except as otherwise provided in | ||||||
4 | this subsection (n), home care and home health workers who | ||||||
5 | function as personal assistants and individual maintenance | ||||||
6 | home health workers and who also work under the Home Services | ||||||
7 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
8 | Disabilities Act, no matter whether the State provides those | ||||||
9 | services through direct fee-for-service arrangements, with the | ||||||
10 | assistance of a managed care organization or other | ||||||
11 | intermediary, or otherwise, (v) beginning on the effective date | ||||||
12 | of this amendatory Act of the 98th General Assembly and | ||||||
13 | notwithstanding any other provision of this Act, any person | ||||||
14 | employed by a public employer and who is classified as or who | ||||||
15 | holds the employment title of Chief Stationary Engineer, | ||||||
16 | Assistant Chief Stationary Engineer, Sewage Plant Operator, | ||||||
17 | Water Plant Operator, Stationary Engineer, Plant Operating | ||||||
18 | Engineer, and any other employee who holds the position of: | ||||||
19 | Civil Engineer V, Civil Engineer VI, Civil Engineer VII, | ||||||
20 | Technical Manager I, Technical Manager II, Technical Manager | ||||||
21 | III, Technical Manager IV, Technical Manager V, Technical | ||||||
22 | Manager VI, Realty Specialist III, Realty Specialist IV, Realty | ||||||
23 | Specialist V, Technical Advisor I, Technical Advisor II, | ||||||
24 | Technical Advisor III, Technical Advisor IV, or Technical | ||||||
25 | Advisor V employed by the Department of Transportation who is | ||||||
26 | in a position which is certified in a bargaining unit on or |
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1 | before the effective date of this amendatory Act of the 98th | ||||||
2 | General Assembly, and (vi) beginning on the effective date of | ||||||
3 | this amendatory Act of the 98th General Assembly and | ||||||
4 | notwithstanding any other provision of this Act, any mental | ||||||
5 | health administrator in the Department of Corrections who is | ||||||
6 | classified as or who holds the position of Public Service | ||||||
7 | Administrator (Option 8K), any employee of the Office of the | ||||||
8 | Inspector General in the Department of Human Services who is | ||||||
9 | classified as or who holds the position of Public Service | ||||||
10 | Administrator (Option 7), any Deputy of Intelligence in the | ||||||
11 | Department of Corrections who is classified as or who holds the | ||||||
12 | position of Public Service Administrator (Option 7), and any | ||||||
13 | employee of the Department of State Police who handles issues | ||||||
14 | concerning the Illinois State Police Sex Offender Registry and | ||||||
15 | who is classified as or holds the position of Public Service | ||||||
16 | Administrator (Option 7), but excluding all of the following: | ||||||
17 | employees of the
General Assembly of the State of Illinois; | ||||||
18 | elected officials; executive
heads of a department; members of | ||||||
19 | boards or commissions; the Executive
Inspectors General; any | ||||||
20 | special Executive Inspectors General; employees of each
Office | ||||||
21 | of an Executive Inspector General;
commissioners and employees | ||||||
22 | of the Executive Ethics Commission; the Auditor
General's | ||||||
23 | Inspector General; employees of the Office of the Auditor | ||||||
24 | General's
Inspector General; the Legislative Inspector | ||||||
25 | General; any special Legislative
Inspectors General; employees | ||||||
26 | of the Office
of the Legislative Inspector General;
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| |||||||
1 | commissioners and employees of the Legislative Ethics | ||||||
2 | Commission;
employees
of any
agency, board or commission | ||||||
3 | created by this Act; employees appointed to
State positions of | ||||||
4 | a temporary or emergency nature; all employees of school
| ||||||
5 | districts and higher education institutions except | ||||||
6 | firefighters and peace
officers employed
by a state university | ||||||
7 | and except peace officers employed by a school district in its | ||||||
8 | own police department in existence on the effective date of | ||||||
9 | this amendatory Act of the 96th General Assembly; managerial | ||||||
10 | employees; short-term employees; legislative liaisons; a | ||||||
11 | person who is a State employee under the jurisdiction of the | ||||||
12 | Office of the Attorney General who is licensed to practice law | ||||||
13 | or whose position authorizes, either directly or indirectly, | ||||||
14 | meaningful input into government decision-making on issues | ||||||
15 | where there is room for principled disagreement on goals or | ||||||
16 | their implementation; a person who is a State employee under | ||||||
17 | the jurisdiction of the Office of the Comptroller who holds the | ||||||
18 | position of Public Service Administrator or whose position is | ||||||
19 | otherwise exempt under the Comptroller Merit Employment Code; a | ||||||
20 | person who is a State employee under the jurisdiction of the | ||||||
21 | Secretary of State who holds the position classification of | ||||||
22 | Executive I or higher, whose position authorizes, either | ||||||
23 | directly or indirectly, meaningful input into government | ||||||
24 | decision-making on issues where there is room for principled | ||||||
25 | disagreement on goals or their implementation, or who is | ||||||
26 | otherwise exempt under the Secretary of State Merit Employment |
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| |||||||
1 | Code; employees in the Office of the Secretary of State who are | ||||||
2 | completely exempt from jurisdiction B of the Secretary of State | ||||||
3 | Merit Employment Code and who are in Rutan-exempt positions on | ||||||
4 | or after April 5, 2013 (the effective date of Public Act | ||||||
5 | 97-1172); a person who is a State employee under the | ||||||
6 | jurisdiction of the Treasurer who holds a position that is | ||||||
7 | exempt from the State Treasurer Employment Code; any employee | ||||||
8 | of a State agency who (i) holds the title or position of, or | ||||||
9 | exercises substantially similar duties as a legislative | ||||||
10 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
11 | Executive Director, Agency Deputy Director, Agency Chief | ||||||
12 | Fiscal Officer, Agency Human Resources Director, Public | ||||||
13 | Information Officer, or Chief Information Officer and (ii) was | ||||||
14 | neither included in a bargaining unit nor subject to an active | ||||||
15 | petition for certification in a bargaining unit; any employee | ||||||
16 | of a State agency who (i) is in a position that is | ||||||
17 | Rutan-exempt, as designated by the employer, and completely | ||||||
18 | exempt from jurisdiction B of the Personnel Code and (ii) was | ||||||
19 | neither included in a bargaining unit nor subject to an active | ||||||
20 | petition for certification in a bargaining unit; any term | ||||||
21 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
22 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
23 | bargaining unit nor subject to an active petition for | ||||||
24 | certification in a bargaining unit; any employment position | ||||||
25 | properly designated pursuant to Section 6.1 of this Act;
| ||||||
26 | confidential employees; independent contractors; and |
| |||||||
| |||||||
1 | supervisors except as
provided in this Act.
| ||||||
2 | Home care
and home health workers who function as personal | ||||||
3 | assistants and individual maintenance home health workers and | ||||||
4 | who also work under the Home Services Program under Section 3 | ||||||
5 | of the Rehabilitation of Persons with Disabilities Act shall | ||||||
6 | not be considered
public
employees for any purposes not | ||||||
7 | specifically provided for in Public Act 93-204 or Public Act | ||||||
8 | 97-1158, including but not limited to, purposes of vicarious
| ||||||
9 | liability in tort
and purposes of statutory retirement or | ||||||
10 | health insurance benefits. Home care and home health workers | ||||||
11 | who function as personal assistants and individual maintenance | ||||||
12 | home health workers and who also work under the Home Services | ||||||
13 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
14 | Disabilities Act shall not be covered by the State Employees
| ||||||
15 | Group
Insurance Act of 1971 (5 ILCS 375/).
| ||||||
16 | Child and day care home providers shall not be considered | ||||||
17 | public employees for any purposes not specifically provided for | ||||||
18 | in this amendatory Act of the 94th General Assembly, including | ||||||
19 | but not limited to, purposes of vicarious liability in tort and | ||||||
20 | purposes of statutory retirement or health insurance benefits. | ||||||
21 | Child and day care home providers shall not be covered by the | ||||||
22 | State Employees Group Insurance Act of 1971. | ||||||
23 | Notwithstanding Section 9, subsection (c), or any other | ||||||
24 | provisions of
this Act, all peace officers above the rank of | ||||||
25 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
26 | shall be excluded
from this Act.
|
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| |||||||
1 | (o) Except as otherwise in subsection (o-5), "public | ||||||
2 | employer" or "employer" means the State of Illinois; any
| ||||||
3 | political subdivision of the State, unit of local government or | ||||||
4 | school
district; authorities including departments, divisions, | ||||||
5 | bureaus, boards,
commissions, or other agencies of the | ||||||
6 | foregoing entities; and any person
acting within the scope of | ||||||
7 | his or her authority, express or implied, on
behalf of those | ||||||
8 | entities in dealing with its employees.
As of the effective | ||||||
9 | date of the amendatory Act of the 93rd General Assembly,
but | ||||||
10 | not
before, the State of Illinois shall be considered the | ||||||
11 | employer of the personal assistants working under the Home | ||||||
12 | Services Program
under
Section 3 of the Rehabilitation of | ||||||
13 | Persons with Disabilities Act, subject to the
limitations set | ||||||
14 | forth
in this Act and in the Rehabilitation of Persons with | ||||||
15 | Disabilities Act. As of January 29, 2013 (the effective date of | ||||||
16 | Public Act 97-1158), but not before except as otherwise | ||||||
17 | provided in this subsection (o), the State shall be considered | ||||||
18 | the employer of home care and home health workers who function | ||||||
19 | as personal assistants and individual maintenance home health | ||||||
20 | workers and who also work under the Home Services Program under | ||||||
21 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
22 | Act, no matter whether the State provides those services | ||||||
23 | through direct fee-for-service arrangements, with the | ||||||
24 | assistance of a managed care organization or other | ||||||
25 | intermediary, or otherwise, but subject to the limitations set | ||||||
26 | forth in this Act and the Rehabilitation of Persons with |
| |||||||
| |||||||
1 | Disabilities Act. The State shall not
be
considered to be the | ||||||
2 | employer of home care and home health workers who function as | ||||||
3 | personal
assistants and individual maintenance home health | ||||||
4 | workers and who also work under the Home Services Program under | ||||||
5 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
6 | Act, for any
purposes not specifically provided for in Public | ||||||
7 | Act 93-204 or Public Act 97-1158, including but not limited to, | ||||||
8 | purposes of vicarious liability in tort
and
purposes of | ||||||
9 | statutory retirement or health insurance benefits. Home care | ||||||
10 | and home health workers who function as
personal assistants and | ||||||
11 | individual maintenance home health workers and who also work | ||||||
12 | under the Home Services Program under Section 3 of the | ||||||
13 | Rehabilitation of Persons with Disabilities Act shall not be | ||||||
14 | covered by the State Employees Group
Insurance Act of 1971
(5 | ||||||
15 | ILCS 375/).
As of the effective date of this amendatory Act of | ||||||
16 | the 94th General Assembly but not before, the State of Illinois | ||||||
17 | shall be considered the employer of the day and child care home | ||||||
18 | providers participating in the child care assistance program | ||||||
19 | under Section 9A-11 of the Illinois Public Aid Code, subject to | ||||||
20 | the limitations set forth in this Act and in Section 9A-11 of | ||||||
21 | the Illinois Public Aid Code. The State shall not be considered | ||||||
22 | to be the employer of child and day care home providers for any | ||||||
23 | purposes not specifically provided for in this amendatory Act | ||||||
24 | of the 94th General Assembly, including but not limited to, | ||||||
25 | purposes of vicarious liability in tort and purposes of | ||||||
26 | statutory retirement or health insurance benefits. Child and |
| |||||||
| |||||||
1 | day care home providers shall not be covered by the State | ||||||
2 | Employees Group Insurance Act of 1971. | ||||||
3 | "Public employer" or
"employer" as used in this Act, | ||||||
4 | however, does not
mean and shall not include the General | ||||||
5 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
6 | Commission, the Offices of the Executive Inspectors
General, | ||||||
7 | the Legislative Ethics Commission, the Office of the | ||||||
8 | Legislative
Inspector General, the Office of the Auditor | ||||||
9 | General's Inspector General, the Office of the Governor, the | ||||||
10 | Governor's Office of Management and Budget, the Illinois | ||||||
11 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
12 | State Board of Elections, and educational employers or | ||||||
13 | employers as defined in the Illinois
Educational Labor | ||||||
14 | Relations Act, except with respect to a state university in
its | ||||||
15 | employment of firefighters and peace officers and except with | ||||||
16 | respect to a school district in the employment of peace | ||||||
17 | officers in its own police department in existence on the | ||||||
18 | effective date of this amendatory Act of the 96th General | ||||||
19 | Assembly. County boards and county
sheriffs shall be
designated | ||||||
20 | as joint or co-employers of county peace officers appointed
| ||||||
21 | under the authority of a county sheriff. Nothing in this | ||||||
22 | subsection
(o) shall be construed
to prevent the State Panel or | ||||||
23 | the Local Panel
from determining that employers are joint or | ||||||
24 | co-employers.
| ||||||
25 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
26 | holidays, vacations, proficiency
examinations, sick leave, and |
| |||||||
| |||||||
1 | other conditions of
employment, the public employer of public | ||||||
2 | employees who are court reporters, as
defined in the Court | ||||||
3 | Reporters Act, shall be determined as
follows:
| ||||||
4 | (1) For court reporters employed by the Cook County | ||||||
5 | Judicial
Circuit, the chief judge of the Cook County | ||||||
6 | Circuit
Court is the public employer and employer | ||||||
7 | representative.
| ||||||
8 | (2) For court reporters employed by the 12th, 18th, | ||||||
9 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
10 | circuits, a group consisting of the chief judges of those | ||||||
11 | circuits, acting
jointly by majority vote, is the public | ||||||
12 | employer and employer representative.
| ||||||
13 | (3) For court reporters employed by all other judicial | ||||||
14 | circuits,
a group consisting of the chief judges of those | ||||||
15 | circuits, acting jointly by
majority vote, is the public | ||||||
16 | employer and employer representative.
| ||||||
17 | (p) "Security employee" means an employee who is | ||||||
18 | responsible for the
supervision and control of inmates at | ||||||
19 | correctional facilities. The term
also includes other | ||||||
20 | non-security employees in bargaining units having the
majority | ||||||
21 | of employees being responsible for the supervision and control | ||||||
22 | of
inmates at correctional facilities.
| ||||||
23 | (q) "Short-term employee" means an employee who is employed | ||||||
24 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
25 | year and who does
not have a reasonable assurance that he or | ||||||
26 | she will be rehired by the
same employer for the same service |
| |||||||
| |||||||
1 | in a subsequent calendar year.
| ||||||
2 | (q-5) "State agency" means an agency directly responsible | ||||||
3 | to the Governor, as defined in Section 3.1 of the Executive | ||||||
4 | Reorganization Implementation Act, and the Illinois Commerce | ||||||
5 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
6 | Civil Service Commission, the Pollution Control Board, the | ||||||
7 | Illinois Racing Board, and the Department of State Police Merit | ||||||
8 | Board. | ||||||
9 | (r) "Supervisor" is: | ||||||
10 | (1) An employee whose principal work is substantially
| ||||||
11 | different from that of his or her subordinates and who has | ||||||
12 | authority, in the
interest of the employer, to hire, | ||||||
13 | transfer, suspend, lay off, recall,
promote, discharge, | ||||||
14 | direct, reward, or discipline employees, to adjust
their | ||||||
15 | grievances, or to effectively recommend any of those | ||||||
16 | actions, if the
exercise
of that authority is not of a | ||||||
17 | merely routine or clerical nature, but
requires the | ||||||
18 | consistent use of independent judgment. Except with | ||||||
19 | respect to
police employment, the term "supervisor" | ||||||
20 | includes only those individuals
who devote a preponderance | ||||||
21 | of their employment time to exercising that
authority, | ||||||
22 | State supervisors notwithstanding. Nothing in this | ||||||
23 | definition prohibits an individual from also meeting the | ||||||
24 | definition of "managerial employee" under subsection (j) | ||||||
25 | of this Section. In addition, in determining
supervisory | ||||||
26 | status in police employment, rank shall not be |
| |||||||
| |||||||
1 | determinative.
The Board shall consider, as evidence of | ||||||
2 | bargaining unit inclusion or
exclusion, the common law | ||||||
3 | enforcement policies and relationships between
police | ||||||
4 | officer ranks and certification under applicable civil | ||||||
5 | service law,
ordinances, personnel codes, or Division 2.1 | ||||||
6 | of Article 10 of the Illinois
Municipal Code, but these | ||||||
7 | factors shall not
be the sole or predominant factors | ||||||
8 | considered by the Board in determining
police supervisory | ||||||
9 | status.
| ||||||
10 | Notwithstanding the provisions of the preceding | ||||||
11 | paragraph, in determining
supervisory status in fire | ||||||
12 | fighter employment, no fire fighter shall be
excluded as a | ||||||
13 | supervisor who has established representation rights under
| ||||||
14 | Section 9 of this Act. Further, in new fire fighter units, | ||||||
15 | employees shall
consist of fire fighters of the rank of | ||||||
16 | company officer and below. If a company officer otherwise | ||||||
17 | qualifies as a supervisor under the preceding paragraph, | ||||||
18 | however, he or she shall
not be included in the fire | ||||||
19 | fighter
unit. If there is no rank between that of chief and | ||||||
20 | the
highest company officer, the employer may designate a | ||||||
21 | position on each
shift as a Shift Commander, and the | ||||||
22 | persons occupying those positions shall
be supervisors. | ||||||
23 | All other ranks above that of company officer shall be
| ||||||
24 | supervisors.
| ||||||
25 | (2) With respect only to State employees in positions | ||||||
26 | under the jurisdiction of the Attorney General, Secretary |
| |||||||
| |||||||
1 | of State, Comptroller, or Treasurer (i) that were certified | ||||||
2 | in a bargaining unit on or after December 2, 2008, (ii) for | ||||||
3 | which a petition is filed with the Illinois Public Labor | ||||||
4 | Relations Board , or the Department of Labor as its | ||||||
5 | successor, on or after April 5, 2013 (the effective date of | ||||||
6 | Public Act 97-1172), or (iii) for which a petition is | ||||||
7 | pending before the Illinois Public Labor Relations Board on | ||||||
8 | that date, an employee who qualifies as a supervisor under | ||||||
9 | (A) Section 152 of the National Labor Relations Act and (B) | ||||||
10 | orders of the National Labor Relations Board interpreting | ||||||
11 | that provision or decisions of courts reviewing decisions | ||||||
12 | of the National Labor Relations Board. | ||||||
13 | (s)(1) "Unit" means a class of jobs or positions that are | ||||||
14 | held by
employees whose collective interests may suitably be | ||||||
15 | represented by a labor
organization for collective bargaining. | ||||||
16 | Except with respect to non-State fire
fighters and paramedics | ||||||
17 | employed by fire departments and fire protection
districts, | ||||||
18 | non-State peace officers, and peace officers in the Department | ||||||
19 | of
State Police, a bargaining unit determined by the Board | ||||||
20 | shall not include both
employees and supervisors, or | ||||||
21 | supervisors only, except as provided in paragraph
(2) of this | ||||||
22 | subsection (s) and except for bargaining units in existence on | ||||||
23 | July
1, 1984 (the effective date of this Act). With respect to | ||||||
24 | non-State fire
fighters and paramedics employed by fire | ||||||
25 | departments and fire protection
districts, non-State peace | ||||||
26 | officers, and peace officers in the Department of
State Police, |
| |||||||
| |||||||
1 | a bargaining unit determined by the Board shall not include | ||||||
2 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
3 | except as provided in
paragraph (2) of this subsection (s) and | ||||||
4 | except for bargaining units in
existence on January 1, 1986 | ||||||
5 | (the effective date of this amendatory Act of
1985). A | ||||||
6 | bargaining unit determined by the Board to contain peace | ||||||
7 | officers
shall contain no employees other than peace officers | ||||||
8 | unless otherwise agreed to
by the employer and the labor | ||||||
9 | organization or labor organizations involved.
Notwithstanding | ||||||
10 | any other provision of this Act, a bargaining unit, including a
| ||||||
11 | historical bargaining unit, containing sworn peace officers of | ||||||
12 | the Department
of Natural Resources (formerly designated the | ||||||
13 | Department of Conservation) shall
contain no employees other | ||||||
14 | than such sworn peace officers upon the effective
date of this | ||||||
15 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
16 | collective bargaining agreement in effect upon the effective | ||||||
17 | date of this
amendatory Act of 1990 covering both such sworn | ||||||
18 | peace officers and other
employees.
| ||||||
19 | (2) Notwithstanding the exclusion of supervisors from | ||||||
20 | bargaining units
as provided in paragraph (1) of this | ||||||
21 | subsection (s), a public
employer may agree to permit its | ||||||
22 | supervisory employees to form bargaining units
and may bargain | ||||||
23 | with those units. This Act shall apply if the public employer
| ||||||
24 | chooses to bargain under this subsection.
| ||||||
25 | (3) Public employees who are court reporters, as defined
in | ||||||
26 | the Court Reporters Act,
shall be divided into 3 units for |
| |||||||
| |||||||
1 | collective bargaining purposes. One unit
shall be court | ||||||
2 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
3 | unit shall be court reporters employed by the 12th, 18th, 19th, | ||||||
4 | and, on and after December 4, 2006, the 22nd judicial
circuits; | ||||||
5 | and one unit shall be court reporters employed by all other
| ||||||
6 | judicial circuits.
| ||||||
7 | (t) "Active petition for certification in a bargaining | ||||||
8 | unit" means a petition for certification filed with the Board | ||||||
9 | under one of the following case numbers: S-RC-11-110; | ||||||
10 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | ||||||
11 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
12 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
13 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | ||||||
14 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
15 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
16 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
17 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
18 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
19 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
20 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
21 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | ||||||
22 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
23 | S-RC-07-100. | ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
| ||||||
25 | (5 ILCS 315/5.2 new) |
| |||||||
| |||||||
1 | Sec. 5.2. Dissolution of the Illinois Labor Relations | ||||||
2 | Board; transfer and savings provisions. | ||||||
3 | (a) The Illinois Labor Relations Board is dissolved on July | ||||||
4 | 1, 2020. Any reference in any law, appropriation, rule, form, | ||||||
5 | or other document to the Illinois Labor Relations Board means | ||||||
6 | the Department of Labor as successor to the Illinois Labor | ||||||
7 | Relations Board as provided under this Section. For the | ||||||
8 | purposes of the Successor Agency Act, the Department of Labor | ||||||
9 | is declared to be the successor agency of the Illinois Labor | ||||||
10 | Relations Board. | ||||||
11 | (b) The Department of Labor shall succeed to all of the | ||||||
12 | powers, duties, rights, and property, including contractual | ||||||
13 | rights and obligations, of the Illinois Labor Relations Board. | ||||||
14 | (c) The personnel of the Illinois Labor Relations Board | ||||||
15 | shall be transferred to the Department of Labor. The status and | ||||||
16 | rights of such employees under the Personnel Code shall not be | ||||||
17 | affected by the transfer. The rights of the employees and the | ||||||
18 | State of Illinois and its agencies under the Personnel Code and | ||||||
19 | applicable collective bargaining agreements or under any | ||||||
20 | pension, retirement, or annuity plan shall not be affected by | ||||||
21 | this Section. | ||||||
22 | (d) All books, records, papers, documents, property (real | ||||||
23 | and personal), contracts, causes of action, and pending | ||||||
24 | business pertaining to the powers, duties, rights, and | ||||||
25 | responsibilities transferred by this Section from the Illinois | ||||||
26 | Labor Relations Board to the Department of Labor, including, |
| |||||||
| |||||||
1 | but not limited to, material in electronic or magnetic format | ||||||
2 | and necessary computer hardware and software, shall be | ||||||
3 | transferred to the Department of Labor. | ||||||
4 | (e) All unexpended appropriations and balances and other | ||||||
5 | funds available for use by the Illinois Labor Relations Board | ||||||
6 | shall be transferred for use by the Department of Labor. | ||||||
7 | Unexpended balances so transferred shall be expended only for | ||||||
8 | the purpose for which the appropriations were originally made. | ||||||
9 | (f) Whenever reports or notices are now required to be made | ||||||
10 | or given or papers or documents furnished or served by any | ||||||
11 | person to or upon the Illinois Labor Relations Board in | ||||||
12 | connection with any of the powers, duties, rights, and | ||||||
13 | responsibilities transferred by this Section, the same shall be | ||||||
14 | made, given, furnished, or served in the same manner to or upon | ||||||
15 | the Department of Labor. | ||||||
16 | (g) This Section does not affect any act done, ratified, or | ||||||
17 | canceled or any right occurring or established or any action or | ||||||
18 | proceeding had or commenced in an administrative, civil, or | ||||||
19 | criminal cause by the Illinois Labor Relations Board before the | ||||||
20 | effective date of this amendatory Act of the 101st General | ||||||
21 | Assembly; such actions or proceedings may be prosecuted and | ||||||
22 | continued by the Department of Labor. | ||||||
23 | (h) Any matters pending before the Illinois Labor Relations | ||||||
24 | Board at the time of its dissolution shall continue as matters | ||||||
25 | before the Department of Labor. | ||||||
26 | (i) Any rules of the Illinois Labor Relations Board, |
| |||||||
| |||||||
1 | including any rules of its predecessors, that relate to its | ||||||
2 | powers, duties, rights, and responsibilities and are in full | ||||||
3 | force on the effective date of this amendatory Act of the 101st | ||||||
4 | General Assembly shall become the rules of the Department of | ||||||
5 | Labor. This Section does not affect the legality of any such | ||||||
6 | rules in the Illinois Administrative Code. | ||||||
7 | Any proposed rules filed with the Secretary of State by the | ||||||
8 | Illinois Labor Relations Board that are pending in the | ||||||
9 | rulemaking process on the effective date of this amendatory Act | ||||||
10 | of the 101st General Assembly and pertain to the powers, | ||||||
11 | duties, rights, and responsibilities transferred, shall be | ||||||
12 | deemed to have been filed by the Department of Labor. As soon | ||||||
13 | as practicable hereafter, the Department of Labor shall revise | ||||||
14 | and clarify the rules transferred to it under this Section to | ||||||
15 | reflect the reorganization of powers, duties, rights, and | ||||||
16 | responsibilities affected by this amendatory Act of the 101st | ||||||
17 | General Assembly, using the procedures for recodification of | ||||||
18 | rules available under the Illinois Administrative Procedure | ||||||
19 | Act, except that existing title, part, and Section numbering | ||||||
20 | for the affected rules may be retained. The Department of Labor | ||||||
21 | may propose and adopt under the Illinois Administrative | ||||||
22 | Procedure Act such other rules of the Illinois Labor Relations | ||||||
23 | Board that will now be administered by the Department of Labor.
| ||||||
24 | (5 ILCS 315/5.3 new) | ||||||
25 | Sec. 5.3. Department of Labor jurisdiction; powers and |
| |||||||
| |||||||
1 | duties. | ||||||
2 | (a) The Department of Labor shall have jurisdiction over | ||||||
3 | collective bargaining matters between employee organizations | ||||||
4 | and the State of Illinois, excluding the General Assembly of | ||||||
5 | the State of Illinois, between employee organizations and units | ||||||
6 | of local government and school districts, and between employee | ||||||
7 | organizations and the Regional Transportation Authority. | ||||||
8 | (b) At the end of every State fiscal year, the Department | ||||||
9 | of Labor shall make a report to the Governor and the General | ||||||
10 | Assembly, stating in detail the work it has done in hearing and | ||||||
11 | deciding cases and otherwise. | ||||||
12 | (c) In order to accomplish the objectives and carry out the | ||||||
13 | duties prescribed by this Act, the Department of Labor may: | ||||||
14 | hold elections to determine whether a labor organization has | ||||||
15 | majority status; investigate and attempt to resolve or settle | ||||||
16 | charges of unfair labor practices; hold hearings in order to | ||||||
17 | carry out its functions; develop and effectuate appropriate | ||||||
18 | impasse resolution procedures for purposes of resolving labor | ||||||
19 | disputes; require the appearance of witnesses and the | ||||||
20 | production of evidence on any matter under inquiry; and | ||||||
21 | administer oaths and affirmations. The Department of Labor | ||||||
22 | shall sign and report in full an opinion in every case which | ||||||
23 | they decide. | ||||||
24 | (d) The Department of Labor may appoint or employ an | ||||||
25 | assistant director, attorneys, hearing officers, mediators, | ||||||
26 | fact-finders, arbitrators, and such other employees as it may |
| |||||||
| |||||||
1 | deem necessary to perform its functions. The Department of | ||||||
2 | Labor shall prescribe the duties and qualifications of such | ||||||
3 | persons appointed and, subject to the annual appropriation, fix | ||||||
4 | their compensation and provide for reimbursement of actual and | ||||||
5 | necessary expenses incurred in the performance of their duties. | ||||||
6 | The Department of Labor shall employ the attorneys and | ||||||
7 | investigators necessary to carry out the duties of this Act. | ||||||
8 | (e) The Department of Labor shall exercise general | ||||||
9 | supervision over all attorneys which it employs and over the | ||||||
10 | other persons employed to provide necessary support services | ||||||
11 | for such attorneys. The Department of Labor shall have final | ||||||
12 | authority in respect to complaints brought pursuant to this | ||||||
13 | Act. | ||||||
14 | (f) The following rules shall be adopted by the Department | ||||||
15 | of Labor: (i) procedural rules which shall govern the | ||||||
16 | Department's proceedings; (ii) procedures for election of | ||||||
17 | exclusive bargaining representatives pursuant to Section 9, | ||||||
18 | except for the determination of appropriate bargaining units; | ||||||
19 | and (iii) appointment of counsel pursuant to subsection (g). | ||||||
20 | (g) The Department of Labor shall adopt rules providing for | ||||||
21 | the appointment of attorneys or other Department | ||||||
22 | representatives to represent persons in unfair labor practice | ||||||
23 | proceedings before the Department. The rules governing | ||||||
24 | appointment shall require the applicant to demonstrate an | ||||||
25 | inability to pay for or inability to otherwise provide for | ||||||
26 | adequate representation before the Department. Such rules must |
| |||||||
| |||||||
1 | also provide: (i) that an attorney may not be appointed in | ||||||
2 | cases which, in the opinion of the Department, are clearly | ||||||
3 | without merit; (ii) the stage of the unfair labor proceeding at | ||||||
4 | which counsel will be appointed; and (iii) the circumstances | ||||||
5 | under which a client will be allowed to select counsel. | ||||||
6 | (h) The Department of Labor may adopt rules which allow | ||||||
7 | parties in proceedings before the Department to be represented | ||||||
8 | by counsel or any other representative of the party's choice. | ||||||
9 | (i) The Department of Labor may adopt, amend, or rescind | ||||||
10 | rules for the purpose of performing its powers and duties under | ||||||
11 | this Act. The adoption, amendment, or rescission of rules by | ||||||
12 | the Department shall be in conformity with the requirements of | ||||||
13 | the Illinois Administrative Procedure Act.
| ||||||
14 | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| ||||||
15 | Sec. 7. Duty to bargain. A public employer and the | ||||||
16 | exclusive representative
have the authority and the duty to | ||||||
17 | bargain collectively set forth in this
Section.
| ||||||
18 | For the purposes of this Act, "to bargain collectively" | ||||||
19 | means the performance
of the mutual obligation of the public | ||||||
20 | employer or his designated
representative and the | ||||||
21 | representative of the public employees to meet at
reasonable | ||||||
22 | times, including meetings in advance of the budget-making | ||||||
23 | process,
and to negotiate in good faith with respect to wages, | ||||||
24 | hours, and other
conditions
of employment, not excluded by | ||||||
25 | Section 4 of this Act, or the negotiation
of an agreement, or |
| |||||||
| |||||||
1 | any question arising
thereunder and the execution of a written | ||||||
2 | contract incorporating any agreement
reached if requested by | ||||||
3 | either party, but such obligation does not compel
either party | ||||||
4 | to agree to a proposal or require the making of a concession.
| ||||||
5 | The duty "to bargain collectively" shall also include an | ||||||
6 | obligation to
negotiate over any matter with respect to wages, | ||||||
7 | hours and other conditions
of employment, not specifically | ||||||
8 | provided for in any other law or not specifically
in violation | ||||||
9 | of the provisions
of any law. If any other law pertains, in | ||||||
10 | part, to a matter affecting
the wages, hours and other | ||||||
11 | conditions of employment, such other law shall
not be construed | ||||||
12 | as limiting the duty "to bargain collectively" and to enter
| ||||||
13 | into collective bargaining agreements containing clauses which | ||||||
14 | either supplement,
implement, or relate to the effect of such | ||||||
15 | provisions in other laws.
| ||||||
16 | The duty "to bargain collectively" shall also include | ||||||
17 | negotiations
as to the terms of a collective bargaining | ||||||
18 | agreement.
The parties may, by mutual agreement, provide for | ||||||
19 | arbitration of impasses
resulting from their inability to agree | ||||||
20 | upon wages, hours and terms and
conditions of employment to be | ||||||
21 | included in a collective bargaining agreement.
Such | ||||||
22 | arbitration provisions shall be subject to the Illinois | ||||||
23 | "Uniform Arbitration
Act" unless agreed by the parties.
| ||||||
24 | The duty "to bargain collectively" shall also mean that no | ||||||
25 | party to a collective
bargaining contract shall terminate or | ||||||
26 | modify such contract, unless the
party desiring such |
| |||||||
| |||||||
1 | termination or modification:
| ||||||
2 | (1) serves a written notice upon the other party to the | ||||||
3 | contract of the
proposed termination or modification 60 | ||||||
4 | days prior to the expiration date
thereof, or in the event | ||||||
5 | such contract contains no expiration date, 60 days
prior to | ||||||
6 | the time it is proposed to make such termination or | ||||||
7 | modification;
| ||||||
8 | (2) offers to meet and confer with the other party for | ||||||
9 | the purpose of
negotiating a new contract or a contract | ||||||
10 | containing the proposed modifications;
| ||||||
11 | (3) notifies the Board within 30 days after such notice | ||||||
12 | of the existence
of a dispute, provided no agreement has | ||||||
13 | been reached by that time; and
| ||||||
14 | (4) continues in full force and effect, without | ||||||
15 | resorting to strike or
lockout, all the terms and | ||||||
16 | conditions of the existing contract for a period
of 60 days | ||||||
17 | after such notice is given to the other party or until the | ||||||
18 | expiration
date of such contract, whichever occurs later.
| ||||||
19 | The duties imposed upon employers, employees and labor | ||||||
20 | organizations by
paragraphs (2), (3) and (4) shall become | ||||||
21 | inapplicable upon an intervening
certification of the Board, | ||||||
22 | under which the labor organization, which is
a party to the | ||||||
23 | contract, has been superseded as or ceased to be the exclusive
| ||||||
24 | representative
of the employees pursuant to the provisions of | ||||||
25 | subsection (a) of Section
9, and the duties so imposed shall | ||||||
26 | not be construed as requiring either
party to discuss or agree |
| |||||||
| |||||||
1 | to any modification of the terms and conditions
contained in a | ||||||
2 | contract for a fixed period, if such modification is to become
| ||||||
3 | effective before such terms and conditions can be reopened | ||||||
4 | under the provisions
of the contract.
| ||||||
5 | Collective bargaining for home care and home health workers | ||||||
6 | who function as personal assistants and individual maintenance | ||||||
7 | home health workers
under
the Home Services Program shall be | ||||||
8 | limited to the terms and conditions of
employment
under the | ||||||
9 | State's control, as defined in Public Act 93-204 or this | ||||||
10 | amendatory Act of the 97th General Assembly, as applicable.
| ||||||
11 | Collective bargaining for child and day care home providers | ||||||
12 | under the child care assistance program shall be limited to the | ||||||
13 | terms and conditions of employment under the State's control, | ||||||
14 | as defined in this amendatory Act of the 94th General Assembly.
| ||||||
15 | Notwithstanding any other provision of this Section, | ||||||
16 | whenever collective bargaining is for the purpose of | ||||||
17 | establishing an initial agreement following original | ||||||
18 | certification of units with fewer than 35 employees, with | ||||||
19 | respect to public employees other than peace officers, fire | ||||||
20 | fighters, and security employees, the following apply: | ||||||
21 | (1) Not later than 10 days after receiving a written | ||||||
22 | request for collective bargaining from a labor | ||||||
23 | organization that has been newly certified as a | ||||||
24 | representative as defined in Section 6(c), or within such | ||||||
25 | further period as the parties agree upon, the parties shall | ||||||
26 | meet and commence to bargain collectively and shall make |
| |||||||
| |||||||
1 | every reasonable effort to conclude and sign a collective | ||||||
2 | bargaining agreement. | ||||||
3 | (2) If anytime after the expiration of the 90-day | ||||||
4 | period beginning on the date on which bargaining is | ||||||
5 | commenced the parties have failed to reach an agreement, | ||||||
6 | either party may notify the Illinois Public Labor Relations | ||||||
7 | Board of the existence of a dispute and request mediation | ||||||
8 | in accordance with the provisions of Section 14 of this | ||||||
9 | Act. | ||||||
10 | (3) If after the expiration of the 30-day period | ||||||
11 | beginning on the date on which mediation commenced, or such | ||||||
12 | additional period as the parties may agree upon, the | ||||||
13 | mediator is not able to bring the parties to agreement by | ||||||
14 | conciliation, either the exclusive representative of the | ||||||
15 | employees or the employer may request of the other, in | ||||||
16 | writing, arbitration and shall submit a copy of the request | ||||||
17 | to the board. Upon submission of the request for | ||||||
18 | arbitration, the parties shall be required to participate | ||||||
19 | in the impasse arbitration procedures set forth in Section | ||||||
20 | 14 of this Act, except the right to strike shall not be | ||||||
21 | considered waived pursuant to Section 17 of this Act, until | ||||||
22 | the actual convening of the arbitration hearing. | ||||||
23 | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| ||||||
24 | (5 ILCS 315/15.1) (from Ch. 48, par. 1615.1)
| ||||||
25 | Sec. 15.1. Precedents established by other labor boards.
|
| |||||||
| |||||||
1 | Unless contradicted by administrative precedent previously | ||||||
2 | established by
the State Panel of the Illinois Labor Relations | ||||||
3 | Board , all final decisions in representation and unfair
labor | ||||||
4 | practice cases decided by the Local Panel and the Illinois
| ||||||
5 | Educational Labor Relations Board created under the Illinois | ||||||
6 | Educational Labor
Relations Act which have not been reversed by | ||||||
7 | subsequent court rulings, shall
be considered, but need not be | ||||||
8 | followed by the Department of Labor as successor to the State | ||||||
9 | Panel of the Illinois Labor Relations Board .
| ||||||
10 | Unless contradicted by administrative precedent previously | ||||||
11 | established by
the Local Panel, all final decisions in | ||||||
12 | representation and unfair
labor practice cases decided by the | ||||||
13 | State Panel and the Illinois
Educational Labor Relations Board | ||||||
14 | which have not been reversed by subsequent
court rulings, shall | ||||||
15 | be considered, but need not be followed by the Local
Panel.
| ||||||
16 | (Source: P.A. 91-798, eff. 7-9-00.)
| ||||||
17 | (5 ILCS 315/5 rep.)
| ||||||
18 | (5 ILCS 315/5.1 rep.)
| ||||||
19 | Section 10. The Illinois Public Labor Relations Act is | ||||||
20 | amended by repealing Sections 5 and 5.1.
| ||||||
21 | Section 15. The State Officials and Employees Ethics Act is | ||||||
22 | amended by changing Section 5-50 as follows:
| ||||||
23 | (5 ILCS 430/5-50)
|
| |||||||
| |||||||
1 | Sec. 5-50. Ex parte communications; special government | ||||||
2 | agents.
| ||||||
3 | (a) This Section applies to ex
parte communications made to | ||||||
4 | any agency listed in subsection (e).
| ||||||
5 | (b) "Ex parte communication" means any written or oral | ||||||
6 | communication by any
person
that imparts or requests material
| ||||||
7 | information
or makes a material argument regarding
potential | ||||||
8 | action concerning regulatory, quasi-adjudicatory, investment, | ||||||
9 | or
licensing
matters pending before or under consideration by | ||||||
10 | the agency.
"Ex parte
communication" does not include the | ||||||
11 | following: (i) statements by
a person publicly made in a public | ||||||
12 | forum; (ii) statements regarding
matters of procedure and | ||||||
13 | practice, such as format, the
number of copies required, the | ||||||
14 | manner of filing, and the status
of a matter; and (iii) | ||||||
15 | statements made by a
State employee of the agency to the agency | ||||||
16 | head or other employees of that
agency.
| ||||||
17 | (b-5) An ex parte communication received by an agency,
| ||||||
18 | agency head, or other agency employee from an interested party | ||||||
19 | or
his or her official representative or attorney shall | ||||||
20 | promptly be
memorialized and made a part of the record.
| ||||||
21 | (c) An ex parte communication received by any agency, | ||||||
22 | agency head, or
other agency
employee, other than an ex parte | ||||||
23 | communication described in subsection (b-5),
shall immediately | ||||||
24 | be reported to that agency's ethics officer by the recipient
of | ||||||
25 | the communication and by any other employee of that agency who | ||||||
26 | responds to
the communication. The ethics officer shall require |
| |||||||
| |||||||
1 | that the ex parte
communication
be promptly made a part of the | ||||||
2 | record. The ethics officer shall promptly
file the ex parte | ||||||
3 | communication with the
Executive Ethics Commission, including | ||||||
4 | all written
communications, all written responses to the | ||||||
5 | communications, and a memorandum
prepared by the ethics officer | ||||||
6 | stating the nature and substance of all oral
communications, | ||||||
7 | the identity and job title of the person to whom each
| ||||||
8 | communication was made,
all responses made, the identity and | ||||||
9 | job title of the person making each
response,
the identity of | ||||||
10 | each person from whom the written or oral ex parte
| ||||||
11 | communication was received, the individual or entity | ||||||
12 | represented by that
person, any action the person requested or | ||||||
13 | recommended, and any other pertinent
information.
The | ||||||
14 | disclosure shall also contain the date of any
ex parte | ||||||
15 | communication.
| ||||||
16 | (d) "Interested party" means a person or entity whose | ||||||
17 | rights,
privileges, or interests are the subject of or are | ||||||
18 | directly affected by
a regulatory, quasi-adjudicatory, | ||||||
19 | investment, or licensing matter.
| ||||||
20 | (e) This Section applies to the following agencies:
| ||||||
21 | Executive Ethics Commission
| ||||||
22 | Illinois Commerce Commission
| ||||||
23 | Department of Labor Educational Labor Relations Board
| ||||||
24 | State Board of Elections
| ||||||
25 | Illinois Gaming Board
| ||||||
26 | Health Facilities and Services Review Board
|
| |||||||
| |||||||
1 | Illinois Workers' Compensation Commission
| ||||||
2 | Illinois Labor Relations Board
| ||||||
3 | Illinois Liquor Control Commission
| ||||||
4 | Pollution Control Board
| ||||||
5 | Property Tax Appeal Board
| ||||||
6 | Illinois Racing Board
| ||||||
7 | Illinois Purchased Care Review Board
| ||||||
8 | Department of State Police Merit Board
| ||||||
9 | Motor Vehicle Review Board
| ||||||
10 | Prisoner Review Board
| ||||||
11 | Civil Service Commission
| ||||||
12 | Personnel Review Board for the Treasurer
| ||||||
13 | Merit Commission for the Secretary of State
| ||||||
14 | Merit Commission for the Office of the Comptroller
| ||||||
15 | Court of Claims
| ||||||
16 | Board of Review of the Department of Employment Security
| ||||||
17 | Department of Insurance
| ||||||
18 | Department of Professional Regulation and licensing boards
| ||||||
19 | under the Department
| ||||||
20 | Department of Public Health and licensing boards under the
| ||||||
21 | Department
| ||||||
22 | Office of Banks and Real Estate and licensing boards under
| ||||||
23 | the Office
| ||||||
24 | State Employees Retirement System Board of Trustees
| ||||||
25 | Judges Retirement System Board of Trustees
| ||||||
26 | General Assembly Retirement System Board of Trustees
|
| |||||||
| |||||||
1 | Illinois Board of Investment
| ||||||
2 | State Universities Retirement System Board of Trustees
| ||||||
3 | Teachers Retirement System Officers Board of Trustees
| ||||||
4 | (f) Any person who fails to (i) report an ex parte | ||||||
5 | communication to an
ethics officer, (ii) make information part | ||||||
6 | of the record, or (iii) make a
filing
with the Executive Ethics | ||||||
7 | Commission as required by this Section or as required
by
| ||||||
8 | Section 5-165 of the Illinois Administrative Procedure Act | ||||||
9 | violates this Act.
| ||||||
10 | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
| ||||||
11 | Section 20. The State Revenue Sharing Act is amended by | ||||||
12 | changing Section 12 as follows:
| ||||||
13 | (30 ILCS 115/12) (from Ch. 85, par. 616)
| ||||||
14 | Sec. 12. Personal Property Tax Replacement Fund. There is | ||||||
15 | hereby
created the Personal Property Tax Replacement Fund, a | ||||||
16 | special fund in
the State Treasury into which shall be paid all | ||||||
17 | revenue realized:
| ||||||
18 | (a) all amounts realized from the additional personal | ||||||
19 | property tax
replacement income tax imposed by subsections | ||||||
20 | (c) and (d) of Section 201 of the
Illinois Income Tax Act, | ||||||
21 | except for those amounts deposited into the Income Tax
| ||||||
22 | Refund Fund pursuant to subsection (c) of Section 901 of | ||||||
23 | the Illinois Income
Tax Act; and
| ||||||
24 | (b) all amounts realized from the additional personal |
| |||||||
| |||||||
1 | property replacement
invested capital taxes imposed by | ||||||
2 | Section 2a.1 of the Messages Tax
Act, Section 2a.1 of the | ||||||
3 | Gas Revenue Tax Act, Section 2a.1 of the Public
Utilities | ||||||
4 | Revenue Act, and Section 3 of the Water Company Invested | ||||||
5 | Capital
Tax Act, and amounts payable to the Department of | ||||||
6 | Revenue under the
Telecommunications Infrastructure | ||||||
7 | Maintenance Fee Act.
| ||||||
8 | As soon as may be after the end of each month, the | ||||||
9 | Department of Revenue
shall certify to the Treasurer and the | ||||||
10 | Comptroller the amount of all refunds
paid out of the General | ||||||
11 | Revenue Fund through the preceding month on account
of | ||||||
12 | overpayment of liability on taxes paid into the Personal | ||||||
13 | Property Tax
Replacement Fund. Upon receipt of such | ||||||
14 | certification, the Treasurer and
the Comptroller shall | ||||||
15 | transfer the amount so certified from the Personal
Property Tax | ||||||
16 | Replacement Fund into the General Revenue Fund.
| ||||||
17 | The payments of revenue into the Personal Property Tax | ||||||
18 | Replacement Fund
shall be used exclusively for distribution to | ||||||
19 | taxing districts, regional offices and officials, and local | ||||||
20 | officials as provided
in this Section and in the School Code, | ||||||
21 | payment of the ordinary and contingent expenses of the Property | ||||||
22 | Tax Appeal Board, payment of the expenses of the Department of | ||||||
23 | Revenue incurred
in administering the collection and | ||||||
24 | distribution of monies paid into the
Personal Property Tax | ||||||
25 | Replacement Fund and transfers due to refunds to
taxpayers for | ||||||
26 | overpayment of liability for taxes paid into the Personal
|
| |||||||
| |||||||
1 | Property Tax Replacement Fund.
| ||||||
2 | In addition, moneys in the Personal Property Tax
| ||||||
3 | Replacement Fund may be used to pay any of the following: (i) | ||||||
4 | salary, stipends, and additional compensation as provided by | ||||||
5 | law for chief election clerks, county clerks, and county | ||||||
6 | recorders; (ii) costs associated with regional offices of | ||||||
7 | education and educational service centers; (iii) | ||||||
8 | reimbursements payable by the State Board of Elections under | ||||||
9 | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the | ||||||
10 | Election Code; (iv) expenses of the Illinois Educational Labor | ||||||
11 | Relations Board , or the Department of Labor as its successor ; | ||||||
12 | and (v) salary, personal services, and additional compensation | ||||||
13 | as provided by law for court reporters under the Court | ||||||
14 | Reporters Act. | ||||||
15 | As soon as may be after the effective date of this | ||||||
16 | amendatory Act of 1980,
the Department of Revenue shall certify | ||||||
17 | to the Treasurer the amount of net
replacement revenue paid | ||||||
18 | into the General Revenue Fund prior to that effective
date from | ||||||
19 | the additional tax imposed by Section 2a.1 of the Messages Tax
| ||||||
20 | Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of | ||||||
21 | the Public
Utilities Revenue Act; Section 3 of the Water | ||||||
22 | Company Invested Capital Tax Act;
amounts collected by the | ||||||
23 | Department of Revenue under the Telecommunications | ||||||
24 | Infrastructure Maintenance Fee Act; and the
additional | ||||||
25 | personal
property tax replacement income tax imposed by
the | ||||||
26 | Illinois Income Tax Act, as amended by Public
Act 81-1st |
| |||||||
| |||||||
1 | Special Session-1. Net replacement revenue shall be defined as
| ||||||
2 | the total amount paid into and remaining in the General Revenue | ||||||
3 | Fund as a
result of those Acts minus the amount outstanding and | ||||||
4 | obligated from the
General Revenue Fund in state vouchers or | ||||||
5 | warrants prior to the effective
date of this amendatory Act of | ||||||
6 | 1980 as refunds to taxpayers for overpayment
of liability under | ||||||
7 | those Acts.
| ||||||
8 | All interest earned by monies accumulated in the Personal | ||||||
9 | Property
Tax Replacement Fund shall be deposited in such Fund. | ||||||
10 | All amounts allocated
pursuant to this Section are appropriated | ||||||
11 | on a continuing basis.
| ||||||
12 | Prior to December 31, 1980, as soon as may be after the end | ||||||
13 | of each quarter
beginning with the quarter ending December 31, | ||||||
14 | 1979, and on and after
December 31, 1980, as soon as may be | ||||||
15 | after January 1, March 1, April 1, May
1, July 1, August 1, | ||||||
16 | October 1 and December 1 of each year, the Department
of | ||||||
17 | Revenue shall allocate to each taxing district as defined in | ||||||
18 | Section 1-150
of the Property Tax Code, in accordance with
the | ||||||
19 | provisions of paragraph (2) of this Section the portion of the | ||||||
20 | funds held
in the Personal Property Tax Replacement Fund which | ||||||
21 | is required to be
distributed, as provided in paragraph (1), | ||||||
22 | for each quarter. Provided,
however, under no circumstances | ||||||
23 | shall any taxing district during each of the
first two years of | ||||||
24 | distribution of the taxes imposed by this amendatory Act of
| ||||||
25 | 1979 be entitled to an annual allocation which is less than the | ||||||
26 | funds such
taxing district collected from the 1978 personal |
| |||||||
| |||||||
1 | property tax. Provided further
that under no circumstances | ||||||
2 | shall any taxing district during the third year of
distribution | ||||||
3 | of the taxes imposed by this amendatory Act of 1979 receive | ||||||
4 | less
than 60% of the funds such taxing district collected from | ||||||
5 | the 1978 personal
property tax. In the event that the total of | ||||||
6 | the allocations made as above
provided for all taxing | ||||||
7 | districts, during either of such 3 years, exceeds the
amount | ||||||
8 | available for distribution the allocation of each taxing | ||||||
9 | district shall
be proportionately reduced. Except as provided | ||||||
10 | in Section 13 of this Act, the
Department shall then certify, | ||||||
11 | pursuant to appropriation, such allocations to
the State | ||||||
12 | Comptroller who shall pay over to the several taxing districts | ||||||
13 | the
respective amounts allocated to them.
| ||||||
14 | Any township which receives an allocation based in whole or | ||||||
15 | in part upon
personal property taxes which it levied pursuant | ||||||
16 | to Section 6-507 or 6-512
of the Illinois Highway Code and | ||||||
17 | which was previously
required to be paid
over to a municipality | ||||||
18 | shall immediately pay over to that municipality a
proportionate | ||||||
19 | share of the personal property replacement funds which such
| ||||||
20 | township receives.
| ||||||
21 | Any municipality or township, other than a municipality | ||||||
22 | with a population
in excess of 500,000, which receives an | ||||||
23 | allocation based in whole or in
part on personal property taxes | ||||||
24 | which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the | ||||||
25 | Illinois Local Library Act and which was
previously
required to | ||||||
26 | be paid over to a public library shall immediately pay over
to |
| |||||||
| |||||||
1 | that library a proportionate share of the personal property tax | ||||||
2 | replacement
funds which such municipality or township | ||||||
3 | receives; provided that if such
a public library has converted | ||||||
4 | to a library organized under The Illinois
Public Library | ||||||
5 | District Act, regardless of whether such conversion has
| ||||||
6 | occurred on, after or before January 1, 1988, such | ||||||
7 | proportionate share
shall be immediately paid over to the | ||||||
8 | library district which maintains and
operates the library. | ||||||
9 | However, any library that has converted prior to January
1, | ||||||
10 | 1988, and which hitherto has not received the personal property | ||||||
11 | tax
replacement funds, shall receive such funds commencing on | ||||||
12 | January 1, 1988.
| ||||||
13 | Any township which receives an allocation based in whole or | ||||||
14 | in part on
personal property taxes which it levied pursuant to | ||||||
15 | Section 1c of the Public
Graveyards Act and which taxes were | ||||||
16 | previously required to be paid
over to or used for such public | ||||||
17 | cemetery or cemeteries shall immediately
pay over to or use for | ||||||
18 | such public cemetery or cemeteries a proportionate
share of the | ||||||
19 | personal property tax replacement funds which the township
| ||||||
20 | receives.
| ||||||
21 | Any taxing district which receives an allocation based in | ||||||
22 | whole or in
part upon personal property taxes which it levied | ||||||
23 | for another
governmental body or school district in Cook County | ||||||
24 | in 1976 or for
another governmental body or school district in | ||||||
25 | the remainder of the
State in 1977 shall immediately pay over | ||||||
26 | to that governmental body or
school district the amount of |
| |||||||
| |||||||
1 | personal property replacement funds which
such governmental | ||||||
2 | body or school district would receive directly under
the | ||||||
3 | provisions of paragraph (2) of this Section, had it levied its | ||||||
4 | own
taxes.
| ||||||
5 | (1) The portion of the Personal Property Tax | ||||||
6 | Replacement Fund required to
be
distributed as of the time | ||||||
7 | allocation is required to be made shall be the
amount | ||||||
8 | available in such Fund as of the time allocation is | ||||||
9 | required to be made.
| ||||||
10 | The amount available for distribution shall be the | ||||||
11 | total amount in the
fund at such time minus the necessary | ||||||
12 | administrative and other authorized expenses as limited
by | ||||||
13 | the appropriation and the amount determined by: (a) $2.8 | ||||||
14 | million for
fiscal year 1981; (b) for fiscal year 1982, | ||||||
15 | .54% of the funds distributed
from the fund during the | ||||||
16 | preceding fiscal year; (c) for fiscal year 1983
through | ||||||
17 | fiscal year 1988, .54% of the funds distributed from the | ||||||
18 | fund during
the preceding fiscal year less .02% of such | ||||||
19 | fund for fiscal year 1983 and
less .02% of such funds for | ||||||
20 | each fiscal year thereafter; (d) for fiscal
year 1989 | ||||||
21 | through fiscal year 2011 no more than 105% of the actual | ||||||
22 | administrative expenses
of the prior fiscal year; (e) for | ||||||
23 | fiscal year 2012 and beyond, a sufficient amount to pay (i) | ||||||
24 | stipends, additional compensation, salary reimbursements, | ||||||
25 | and other amounts directed to be paid out of this Fund for | ||||||
26 | local officials as authorized or required by statute and |
| |||||||
| |||||||
1 | (ii) no more than 105% of the actual administrative | ||||||
2 | expenses of the prior fiscal year, including payment of the | ||||||
3 | ordinary and contingent expenses of the Property Tax Appeal | ||||||
4 | Board and payment of the expenses of the Department of | ||||||
5 | Revenue incurred in administering the collection and | ||||||
6 | distribution of moneys paid into the Fund; (f) for fiscal | ||||||
7 | years 2012 and 2013 only, a sufficient amount to pay | ||||||
8 | stipends, additional compensation, salary reimbursements, | ||||||
9 | and other amounts directed to be paid out of this Fund for | ||||||
10 | regional offices and officials as authorized or required by | ||||||
11 | statute; or (g) for fiscal years 2018 and 2019 only, a | ||||||
12 | sufficient amount to pay amounts directed to be paid out of | ||||||
13 | this Fund for public community college base operating | ||||||
14 | grants and local health protection grants to certified | ||||||
15 | local health departments as authorized or required by | ||||||
16 | appropriation or statute. Such portion of the fund shall be | ||||||
17 | determined after
the transfer into the General Revenue Fund | ||||||
18 | due to refunds, if any, paid
from the General Revenue Fund | ||||||
19 | during the preceding quarter. If at any time,
for any | ||||||
20 | reason, there is insufficient amount in the Personal | ||||||
21 | Property
Tax Replacement Fund for payments for regional | ||||||
22 | offices and officials or local officials or payment of | ||||||
23 | costs of administration or for transfers
due to refunds at | ||||||
24 | the end of any particular month, the amount of such
| ||||||
25 | insufficiency shall be carried over for the purposes of | ||||||
26 | payments for regional offices and officials, local |
| |||||||
| |||||||
1 | officials, transfers into the
General Revenue Fund, and | ||||||
2 | costs of administration to the
following month or months. | ||||||
3 | Net replacement revenue held, and defined above,
shall be | ||||||
4 | transferred by the Treasurer and Comptroller to the | ||||||
5 | Personal Property
Tax Replacement Fund within 10 days of | ||||||
6 | such certification.
| ||||||
7 | (2) Each quarterly allocation shall first be | ||||||
8 | apportioned in the
following manner: 51.65% for taxing | ||||||
9 | districts in Cook County and 48.35%
for taxing districts in | ||||||
10 | the remainder of the State.
| ||||||
11 | The Personal Property Replacement Ratio of each taxing | ||||||
12 | district
outside Cook County shall be the ratio which the Tax | ||||||
13 | Base of that taxing
district bears to the Downstate Tax Base. | ||||||
14 | The Tax Base of each taxing
district outside of Cook County is | ||||||
15 | the personal property tax collections
for that taxing district | ||||||
16 | for the 1977 tax year. The Downstate Tax Base
is the personal | ||||||
17 | property tax collections for all taxing districts in the
State | ||||||
18 | outside of Cook County for the 1977 tax year. The Department of
| ||||||
19 | Revenue shall have authority to review for accuracy and | ||||||
20 | completeness the
personal property tax collections for each | ||||||
21 | taxing district outside Cook
County for the 1977 tax year.
| ||||||
22 | The Personal Property Replacement Ratio of each Cook County | ||||||
23 | taxing
district shall be the ratio which the Tax Base of that | ||||||
24 | taxing district
bears to the Cook County Tax Base. The Tax Base | ||||||
25 | of each Cook County
taxing district is the personal property | ||||||
26 | tax collections for that taxing
district for the 1976 tax year. |
| |||||||
| |||||||
1 | The Cook County Tax Base is the
personal property tax | ||||||
2 | collections for all taxing districts in Cook
County for the | ||||||
3 | 1976 tax year. The Department of Revenue shall have
authority | ||||||
4 | to review for accuracy and completeness the personal property | ||||||
5 | tax
collections for each taxing district within Cook County for | ||||||
6 | the 1976 tax year.
| ||||||
7 | For all purposes of this Section 12, amounts paid to a | ||||||
8 | taxing district
for such tax years as may be applicable by a | ||||||
9 | foreign corporation under the
provisions of Section 7-202 of | ||||||
10 | the Public Utilities Act, as amended,
shall be deemed to be | ||||||
11 | personal property taxes collected by such taxing district
for | ||||||
12 | such tax years as may be applicable. The Director shall | ||||||
13 | determine from the
Illinois Commerce Commission, for any tax | ||||||
14 | year as may be applicable, the
amounts so paid by any such | ||||||
15 | foreign corporation to any and all taxing
districts. The | ||||||
16 | Illinois Commerce Commission shall furnish such information to
| ||||||
17 | the Director. For all purposes of this Section 12, the Director | ||||||
18 | shall deem such
amounts to be collected personal property taxes | ||||||
19 | of each such taxing district
for the applicable tax year or | ||||||
20 | years.
| ||||||
21 | Taxing districts located both in Cook County and in one or | ||||||
22 | more other
counties shall receive both a Cook County allocation | ||||||
23 | and a Downstate
allocation determined in the same way as all | ||||||
24 | other taxing districts.
| ||||||
25 | If any taxing district in existence on July 1, 1979 ceases | ||||||
26 | to exist,
or discontinues its operations, its Tax Base shall |
| |||||||
| |||||||
1 | thereafter be deemed
to be zero. If the powers, duties and | ||||||
2 | obligations of the discontinued
taxing district are assumed by | ||||||
3 | another taxing district, the Tax Base of
the discontinued | ||||||
4 | taxing district shall be added to the Tax Base of the
taxing | ||||||
5 | district assuming such powers, duties and obligations.
| ||||||
6 | If two or more taxing districts in existence on July 1, | ||||||
7 | 1979, or a
successor or successors thereto shall consolidate | ||||||
8 | into one taxing
district, the Tax Base of such consolidated | ||||||
9 | taxing district shall be the
sum of the Tax Bases of each of | ||||||
10 | the taxing districts which have consolidated.
| ||||||
11 | If a single taxing district in existence on July 1, 1979, | ||||||
12 | or a
successor or successors thereto shall be divided into two | ||||||
13 | or more
separate taxing districts, the tax base of the taxing | ||||||
14 | district so
divided shall be allocated to each of the resulting | ||||||
15 | taxing districts in
proportion to the then current equalized | ||||||
16 | assessed value of each resulting
taxing district.
| ||||||
17 | If a portion of the territory of a taxing district is | ||||||
18 | disconnected
and annexed to another taxing district of the same | ||||||
19 | type, the Tax Base of
the taxing district from which | ||||||
20 | disconnection was made shall be reduced
in proportion to the | ||||||
21 | then current equalized assessed value of the disconnected
| ||||||
22 | territory as compared with the then current equalized assessed | ||||||
23 | value within the
entire territory of the taxing district prior | ||||||
24 | to disconnection, and the
amount of such reduction shall be | ||||||
25 | added to the Tax Base of the taxing
district to which | ||||||
26 | annexation is made.
|
| |||||||
| |||||||
1 | If a community college district is created after July 1, | ||||||
2 | 1979,
beginning on the effective date of this amendatory Act of | ||||||
3 | 1995, its Tax Base
shall be 3.5% of the sum of the personal | ||||||
4 | property tax collected for the
1977 tax year within the | ||||||
5 | territorial jurisdiction of the district.
| ||||||
6 | The amounts allocated and paid to taxing districts pursuant | ||||||
7 | to
the provisions of this amendatory Act of 1979 shall be | ||||||
8 | deemed to be
substitute revenues for the revenues derived from | ||||||
9 | taxes imposed on
personal property pursuant to the provisions | ||||||
10 | of the "Revenue Act of
1939" or "An Act for the assessment and | ||||||
11 | taxation of private car line
companies", approved July 22, | ||||||
12 | 1943, as amended, or Section 414 of the
Illinois Insurance | ||||||
13 | Code, prior to the abolition of such taxes and shall
be used | ||||||
14 | for the same purposes as the revenues derived from ad valorem
| ||||||
15 | taxes on real estate.
| ||||||
16 | Monies received by any taxing districts from the Personal | ||||||
17 | Property
Tax Replacement Fund shall be first applied toward | ||||||
18 | payment of the proportionate
amount of debt service which was | ||||||
19 | previously levied and collected from
extensions against | ||||||
20 | personal property on bonds outstanding as of December 31,
1978 | ||||||
21 | and next applied toward payment of the proportionate share of | ||||||
22 | the pension
or retirement obligations of the taxing district | ||||||
23 | which were previously levied
and collected from extensions | ||||||
24 | against personal property. For each such
outstanding bond | ||||||
25 | issue, the County Clerk shall determine the percentage of the
| ||||||
26 | debt service which was collected from extensions against real |
| |||||||
| |||||||
1 | estate in the
taxing district for 1978 taxes payable in 1979, | ||||||
2 | as related to the total amount
of such levies and collections | ||||||
3 | from extensions against both real and personal
property. For | ||||||
4 | 1979 and subsequent years' taxes, the County Clerk shall levy
| ||||||
5 | and extend taxes against the real estate of each taxing | ||||||
6 | district which will
yield the said percentage or percentages of | ||||||
7 | the debt service on such
outstanding bonds. The balance of the | ||||||
8 | amount necessary to fully pay such debt
service shall | ||||||
9 | constitute a first and prior lien upon the monies
received by | ||||||
10 | each such taxing district through the Personal Property Tax
| ||||||
11 | Replacement Fund and shall be first applied or set aside for | ||||||
12 | such purpose.
In counties having fewer than 3,000,000 | ||||||
13 | inhabitants, the amendments to
this paragraph as made by this | ||||||
14 | amendatory Act of 1980 shall be first
applicable to 1980 taxes | ||||||
15 | to be collected in 1981.
| ||||||
16 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
| ||||||
17 | Section 25. The Illinois Pension Code is amended by | ||||||
18 | changing Section 14-104 as follows:
| ||||||
19 | (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) | ||||||
20 | Sec. 14-104. Service for which contributions permitted.
| ||||||
21 | Contributions provided for in this Section shall cover the | ||||||
22 | period of
service granted. Except as otherwise provided in this | ||||||
23 | Section, the
contributions shall be based upon the employee's | ||||||
24 | compensation and
contribution rate in effect on the date he |
| |||||||
| |||||||
1 | last became a member of the
System; provided that for all | ||||||
2 | employment prior to January 1, 1969 the
contribution rate shall | ||||||
3 | be that in effect for a noncovered employee on
the date he last | ||||||
4 | became a member of the System. Except as otherwise provided
in | ||||||
5 | this Section, contributions permitted under this Section shall | ||||||
6 | include
regular interest from the date an employee last became | ||||||
7 | a member of the System
to the date of payment.
| ||||||
8 | These contributions must be paid in full before retirement | ||||||
9 | either in
a lump sum or in installment payments in accordance | ||||||
10 | with such rules as
may be adopted by the board.
| ||||||
11 | (a) Any member may make contributions as required in this | ||||||
12 | Section
for any period of service, subsequent to the date of | ||||||
13 | establishment, but
prior to the date of membership.
| ||||||
14 | (b) Any employee who had been previously excluded from | ||||||
15 | membership
because of age at entry and subsequently became | ||||||
16 | eligible may elect to
make contributions as required in this | ||||||
17 | Section for the period of service
during which he was | ||||||
18 | ineligible.
| ||||||
19 | (c) An employee of the Department of Insurance who, after | ||||||
20 | January 1,
1944 but prior to becoming eligible for membership, | ||||||
21 | received salary from
funds of insurance companies in the | ||||||
22 | process of rehabilitation,
liquidation, conservation or | ||||||
23 | dissolution, may elect to make
contributions as required in | ||||||
24 | this Section for such service.
| ||||||
25 | (d) Any employee who rendered service in a State office to | ||||||
26 | which he
was elected, or rendered service in the elective |
| |||||||
| |||||||
1 | office of Clerk of the
Appellate Court prior to the date he | ||||||
2 | became a member, may make
contributions for such service as | ||||||
3 | required in this Section. Any member
who served by appointment | ||||||
4 | of the Governor under the Civil Administrative
Code of Illinois | ||||||
5 | and did not participate in this System may make
contributions | ||||||
6 | as required in this Section for such service.
| ||||||
7 | (e) Any person employed by the United States government or | ||||||
8 | any
instrumentality or agency thereof from January 1, 1942 | ||||||
9 | through November
15, 1946 as the result of a transfer from | ||||||
10 | State service by executive
order of the President of the United | ||||||
11 | States shall be entitled to prior
service credit covering the | ||||||
12 | period from January 1, 1942 through December
31, 1943 as | ||||||
13 | provided for in this Article and to membership service
credit | ||||||
14 | for the period from January 1, 1944 through November 15, 1946 | ||||||
15 | by
making the contributions required in this Section. A person | ||||||
16 | so employed
on January 1, 1944 but whose employment began after | ||||||
17 | January 1, 1942 may
qualify for prior service and membership | ||||||
18 | service credit under the same
conditions.
| ||||||
19 | (f) An employee of the Department of Labor of the State of | ||||||
20 | Illinois who
performed services for and under the supervision | ||||||
21 | of that Department
prior to January 1, 1944 but who was | ||||||
22 | compensated for those services
directly by federal funds and | ||||||
23 | not by a warrant of the Auditor of Public
Accounts paid by the | ||||||
24 | State Treasurer may establish credit for such
employment by | ||||||
25 | making the contributions required in this Section. An
employee | ||||||
26 | of the Department of Agriculture of the State of Illinois, who
|
| |||||||
| |||||||
1 | performed services for and under the supervision of that | ||||||
2 | Department
prior to June 1, 1963, but was compensated for those | ||||||
3 | services directly
by federal funds and not paid by a warrant of | ||||||
4 | the Auditor of Public
Accounts paid by the State Treasurer, and | ||||||
5 | who did not contribute to any
other public employee retirement | ||||||
6 | system for such service, may establish
credit for such | ||||||
7 | employment by making the contributions required in this
| ||||||
8 | Section.
| ||||||
9 | (g) Any employee who executed a waiver of membership within
| ||||||
10 | 60 days prior to January 1, 1944 may, at any time while in the | ||||||
11 | service of a
department, file with the board a rescission of | ||||||
12 | such waiver. Upon
making the contributions required by this | ||||||
13 | Section, the member shall be
granted the creditable service | ||||||
14 | that would have been received if the
waiver had not been | ||||||
15 | executed.
| ||||||
16 | (h) Until May 1, 1990, an employee who was employed on a | ||||||
17 | full-time
basis by a regional planning commission for at least | ||||||
18 | 5 continuous years may
establish creditable service for such | ||||||
19 | employment by making the
contributions required under this | ||||||
20 | Section, provided that any credits earned
by the employee in | ||||||
21 | the commission's retirement plan have been terminated.
| ||||||
22 | (i) Any person who rendered full time contractual services | ||||||
23 | to the General
Assembly as a member of a legislative staff may | ||||||
24 | establish service credit for up
to 8 years of such services by | ||||||
25 | making the contributions required under this
Section, provided | ||||||
26 | that application therefor is made not later than July 1,
1991.
|
| |||||||
| |||||||
1 | (j) By paying the contributions otherwise required under | ||||||
2 | this Section,
plus an amount determined by the Board to be | ||||||
3 | equal to the employer's normal
cost of the benefit plus | ||||||
4 | interest, but with all of the interest calculated
from the date | ||||||
5 | the employee last became a member of the System or November 19,
| ||||||
6 | 1991, whichever is later, to the date of payment, an employee | ||||||
7 | may establish
service credit
for a period of up to 4 years | ||||||
8 | spent in active military service for which he
does not qualify | ||||||
9 | for credit under Section 14-105, provided that (1) he was
not | ||||||
10 | dishonorably discharged from such military service, and (2) the | ||||||
11 | amount
of service credit established by a member under this | ||||||
12 | subsection (j), when
added to the amount of military service | ||||||
13 | credit granted to the member under
subsection (b) of Section | ||||||
14 | 14-105, shall not exceed 5 years. The change
in the manner of | ||||||
15 | calculating interest under this subsection (j) made by this
| ||||||
16 | amendatory Act of the 92nd General Assembly applies to credit | ||||||
17 | purchased by an
employee on or after its effective date and | ||||||
18 | does not entitle any person to a
refund of contributions or | ||||||
19 | interest already paid.
In compliance with Section 14-152.1 of | ||||||
20 | this Act concerning new benefit increases, any new benefit | ||||||
21 | increase as a result of the changes to this subsection (j) made | ||||||
22 | by Public Act 95-483
is funded through the employee | ||||||
23 | contributions provided for in this subsection (j). Any new | ||||||
24 | benefit increase as a result of the changes made to this | ||||||
25 | subsection (j) by Public Act 95-483
is exempt from the | ||||||
26 | provisions of subsection (d) of Section 14-152.1.
|
| |||||||
| |||||||
1 | (k) An employee who was employed on a full-time basis by | ||||||
2 | the Illinois
State's Attorneys Association Statewide Appellate | ||||||
3 | Assistance Service
LEAA-ILEC grant project prior to the time | ||||||
4 | that project became the State's
Attorneys Appellate Service | ||||||
5 | Commission, now the Office of the State's
Attorneys Appellate | ||||||
6 | Prosecutor, an agency of State government, may
establish | ||||||
7 | creditable service for not more than 60 months service for
such | ||||||
8 | employment by making contributions required under this | ||||||
9 | Section.
| ||||||
10 | (l) By paying the contributions otherwise required under | ||||||
11 | this Section,
plus an amount determined by the Board to be | ||||||
12 | equal to the employer's normal
cost of the benefit plus | ||||||
13 | interest, a member may establish service credit
for periods of | ||||||
14 | less than one year spent on authorized leave of absence from
| ||||||
15 | service, provided that (1) the period of leave began on or | ||||||
16 | after January 1,
1982 and (2) any credit established by the | ||||||
17 | member for the period of leave in
any other public employee | ||||||
18 | retirement system has been terminated. A member
may establish | ||||||
19 | service credit under this subsection for more than one period
| ||||||
20 | of authorized leave, and in that case the total period of | ||||||
21 | service credit
established by the member under this subsection | ||||||
22 | may exceed one year. In
determining the contributions required | ||||||
23 | for establishing service credit under
this subsection, the | ||||||
24 | interest shall be calculated from the beginning of the
leave of | ||||||
25 | absence to the date of payment.
| ||||||
26 | (l-5) By paying the contributions otherwise required under |
| |||||||
| |||||||
1 | this Section,
plus an amount determined by the Board to be | ||||||
2 | equal to the employer's normal
cost of the benefit plus | ||||||
3 | interest, a member may establish service credit
for periods of | ||||||
4 | up to 2 years spent on authorized leave of absence from
| ||||||
5 | service, provided that during that leave the member represented | ||||||
6 | or was employed as an officer or employee of a statewide labor | ||||||
7 | organization that represents members of this System. In
| ||||||
8 | determining the contributions required for establishing | ||||||
9 | service credit under
this subsection, the interest shall be | ||||||
10 | calculated from the beginning of the
leave of absence to the | ||||||
11 | date of payment.
| ||||||
12 | (m) Any person who rendered contractual services to a | ||||||
13 | member of
the General Assembly as a worker in the member's | ||||||
14 | district office may establish
creditable service for up to 3 | ||||||
15 | years of those contractual services by making
the contributions | ||||||
16 | required under this Section. The System shall determine a
| ||||||
17 | full-time salary equivalent for the purpose of calculating the | ||||||
18 | required
contribution. To establish credit under this | ||||||
19 | subsection, the applicant must
apply to the System by March 1, | ||||||
20 | 1998.
| ||||||
21 | (n) Any person who rendered contractual services to a | ||||||
22 | member of
the General Assembly as a worker providing | ||||||
23 | constituent services to persons in
the member's district may | ||||||
24 | establish
creditable service for up to 8 years of those | ||||||
25 | contractual services by making
the contributions required | ||||||
26 | under this Section. The System shall determine a
full-time |
| |||||||
| |||||||
1 | salary equivalent for the purpose of calculating the required
| ||||||
2 | contribution. To establish credit under this subsection, the | ||||||
3 | applicant must
apply to the System by March 1, 1998.
| ||||||
4 | (o) A member who participated in the Illinois Legislative | ||||||
5 | Staff
Internship Program may establish creditable service for | ||||||
6 | up to one year
of that participation by making the contribution | ||||||
7 | required under this Section.
The System shall determine a | ||||||
8 | full-time salary equivalent for the purpose of
calculating the | ||||||
9 | required contribution. Credit may not be established under
this | ||||||
10 | subsection for any period for which service credit is | ||||||
11 | established under
any other provision of this Code.
| ||||||
12 | (p) By paying the contributions otherwise required under | ||||||
13 | this Section,
plus an amount determined by the Board to be | ||||||
14 | equal to the employer's normal
cost of the benefit plus | ||||||
15 | interest, a member may establish service credit
for a period of | ||||||
16 | up to 8 years during which he or she was employed by the
| ||||||
17 | Visually Handicapped Managers of Illinois in a vending program | ||||||
18 | operated under
a contractual agreement with the Department of | ||||||
19 | Rehabilitation Services or its successor agency.
| ||||||
20 | This subsection (p) applies without regard to whether the | ||||||
21 | person was in service on or after the effective date of this | ||||||
22 | amendatory Act of the 94th General Assembly. In the case of a | ||||||
23 | person who is receiving a retirement annuity on that effective | ||||||
24 | date, the increase, if any, shall begin to accrue on the first | ||||||
25 | annuity payment date following receipt by the System of the | ||||||
26 | contributions required under this subsection (p).
|
| |||||||
| |||||||
1 | (q) By paying the required contributions under this | ||||||
2 | Section, plus an amount determined by the Board to be equal to | ||||||
3 | the employer's normal cost of the benefit plus interest, an | ||||||
4 | employee who was laid off but returned to any State employment | ||||||
5 | may establish creditable service for the period of the layoff, | ||||||
6 | provided that (1) the applicant applies for the creditable | ||||||
7 | service under this subsection (q) within 6 months after July | ||||||
8 | 27, 2010 (the effective date of Public Act 96-1320), (2) the | ||||||
9 | applicant does not receive credit for that period under any | ||||||
10 | other provision of this Code, (3) at the time of the layoff, | ||||||
11 | the applicant is not in an initial probationary status | ||||||
12 | consistent with the rules of the Department of Central | ||||||
13 | Management Services, and (4) the total amount of creditable | ||||||
14 | service established by the applicant under this subsection (q) | ||||||
15 | does not exceed 3 years. For service established under this | ||||||
16 | subsection (q), the required employee contribution shall be | ||||||
17 | based on the rate of compensation earned by the employee on the | ||||||
18 | date of returning to employment after the layoff and the | ||||||
19 | contribution rate then in effect, and the required interest | ||||||
20 | shall be calculated at the actuarially assumed rate from the | ||||||
21 | date of returning to employment after the layoff to the date of | ||||||
22 | payment.
Funding for any new benefit increase, as defined in | ||||||
23 | Section 14-152.1 of this Act, that is created under this | ||||||
24 | subsection (q) will be provided by the employee contributions | ||||||
25 | required under this subsection (q). | ||||||
26 | (r) A member who participated in the University of Illinois |
| |||||||
| |||||||
1 | Government Public Service Internship Program (GPSI) may | ||||||
2 | establish creditable service for up to 2 years
of that | ||||||
3 | participation by making the contribution required under this | ||||||
4 | Section, plus an amount determined by the Board to be equal to | ||||||
5 | the employer's normal cost of the benefit plus interest.
The | ||||||
6 | System shall determine a full-time salary equivalent for the | ||||||
7 | purpose of
calculating the required contribution. Credit may | ||||||
8 | not be established under
this subsection for any period for | ||||||
9 | which service credit is established under
any other provision | ||||||
10 | of this Code. | ||||||
11 | (s)
A member who worked as a nurse under a contractual | ||||||
12 | agreement for the Department of Public Aid, or its successor | ||||||
13 | agency, the Department of Human Services, in the Client | ||||||
14 | Assessment Unit and was subsequently determined to be a State | ||||||
15 | employee by the United States Internal Revenue Service and the | ||||||
16 | Illinois Labor Relations Board , or the Department of Labor as | ||||||
17 | its successor, may establish creditable service for those | ||||||
18 | contractual services by making the contributions required | ||||||
19 | under this Section. To establish credit under this subsection, | ||||||
20 | the applicant must apply to the System by July 1, 2008. | ||||||
21 | The Department of Human Services shall pay an employer | ||||||
22 | contribution based upon an amount determined by the Board to be | ||||||
23 | equal to the employer's normal cost of the benefit, plus | ||||||
24 | interest. | ||||||
25 | In compliance with Section 14-152.1 added by Public Act | ||||||
26 | 94-4, the cost of the benefits provided by Public Act 95-583
|
| |||||||
| |||||||
1 | are offset by the required employee and employer contributions.
| ||||||
2 | (t) Any person who rendered contractual services on a | ||||||
3 | full-time basis to the Illinois Institute of Natural Resources | ||||||
4 | and the Illinois Department of Energy and Natural Resources may | ||||||
5 | establish creditable service for up to 4 years of those | ||||||
6 | contractual services by making the contributions required | ||||||
7 | under this Section, plus an amount determined by the Board to | ||||||
8 | be equal to the employer's normal cost of the benefit plus | ||||||
9 | interest at the actuarially assumed rate from the first day of | ||||||
10 | the service for which credit is being established to the date | ||||||
11 | of payment. To establish credit under this subsection (t), the | ||||||
12 | applicant must apply to the System within 6 months after July | ||||||
13 | 27, 2010 (the effective date of Public Act 96-1320). | ||||||
14 | (u) By paying the required contributions under this | ||||||
15 | Section, plus an amount determined by the Board to be equal to | ||||||
16 | the employer's normal cost of the benefit, plus interest, a | ||||||
17 | member may establish creditable service and earnings credit for | ||||||
18 | periods of furlough beginning on or after July 1, 2008. To | ||||||
19 | receive this credit, the participant must (i) apply in writing | ||||||
20 | to the System before December 31, 2011 and (ii) not receive | ||||||
21 | compensation for the furlough period. For service established | ||||||
22 | under this subsection, the required employee contribution | ||||||
23 | shall be based on the rate of compensation earned by the | ||||||
24 | employee immediately following the date of the first furlough | ||||||
25 | day in the time period specified in this subsection (u), and | ||||||
26 | the required interest shall be calculated at the actuarially |
| |||||||
| |||||||
1 | assumed rate from the date of the furlough to the date of | ||||||
2 | payment. | ||||||
3 | (v) Any member who rendered full-time contractual services | ||||||
4 | to an Illinois Veterans Home operated by the Department of | ||||||
5 | Veterans' Affairs may establish service credit for up
to 8 | ||||||
6 | years of such services by making the contributions required | ||||||
7 | under this
Section, plus an amount determined by the Board to | ||||||
8 | be equal to the employer's normal cost of the benefit, plus | ||||||
9 | interest at the actuarially assumed rate. To establish credit | ||||||
10 | under this subsection, the applicant must
apply to the System | ||||||
11 | no later than 6 months after July 27, 2010 (the effective date | ||||||
12 | of Public Act 96-1320). | ||||||
13 | (Source: P.A. 96-97, eff. 7-27-09; 96-718, eff. 8-25-09; | ||||||
14 | 96-775, eff. 8-28-09; 96-961, eff. 7-2-10; 96-1000, eff. | ||||||
15 | 7-2-10; 96-1320, eff. 7-27-10; 96-1535, eff. 3-4-11; 97-333, | ||||||
16 | 8-12-11.)
| ||||||
17 | Section 30. The Illinois Police Training Act is amended by | ||||||
18 | changing Section 6.1 as follows:
| ||||||
19 | (50 ILCS 705/6.1)
| ||||||
20 | Sec. 6.1. Decertification of full-time and part-time | ||||||
21 | police officers.
| ||||||
22 | (a) The Board must review police officer conduct and | ||||||
23 | records to ensure that
no
police officer is certified
or | ||||||
24 | provided a valid waiver if that police officer has been |
| |||||||
| |||||||
1 | convicted of a
felony offense under the laws of this
State or | ||||||
2 | any other state which if committed in this State would be | ||||||
3 | punishable
as a felony. The Board must also
ensure that no | ||||||
4 | police officer is certified or provided a valid waiver if that
| ||||||
5 | police officer has been convicted on or
after the effective | ||||||
6 | date of this amendatory Act of 1999 of any misdemeanor
| ||||||
7 | specified in this Section or if
committed in any other state | ||||||
8 | would be an offense similar to Section 11-1.50, 11-6,
11-9.1, | ||||||
9 | 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, | ||||||
10 | 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
Criminal
Code of 1961 | ||||||
11 | or the Criminal Code of 2012, to subdivision (a)(1) or | ||||||
12 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or | ||||||
13 | the Criminal Code of 2012, or subsection (a) of Section 17-32 | ||||||
14 | of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
15 | to Section 5 or
5.2 of the Cannabis Control Act. The Board must | ||||||
16 | appoint investigators to
enforce the duties conferred upon the
| ||||||
17 | Board by this Act.
| ||||||
18 | (b) It is the responsibility of the sheriff or the chief | ||||||
19 | executive officer
of every local law enforcement
agency or | ||||||
20 | department within this State to report to the Board any arrest | ||||||
21 | or
conviction of any officer for an
offense identified in this | ||||||
22 | Section.
| ||||||
23 | (c) It is the duty and responsibility of every full-time | ||||||
24 | and part-time
police officer in this State to report to
the | ||||||
25 | Board within 30 days, and the officer's sheriff or chief | ||||||
26 | executive officer,
of his or her arrest or conviction for
an |
| |||||||
| |||||||
1 | offense identified in this Section. Any full-time or part-time | ||||||
2 | police
officer who knowingly makes, submits,
causes to be | ||||||
3 | submitted, or files a false or untruthful report to the Board | ||||||
4 | must
have his or her certificate or waiver
immediately | ||||||
5 | decertified or revoked.
| ||||||
6 | (d) Any person, or a local or State agency, or the Board is | ||||||
7 | immune from
liability for submitting,
disclosing, or releasing | ||||||
8 | information of arrests or convictions in this Section
as long | ||||||
9 | as the information is
submitted, disclosed, or released in good | ||||||
10 | faith and without malice. The Board
has qualified immunity for | ||||||
11 | the
release of the information.
| ||||||
12 | (e) Any full-time or part-time police officer with a | ||||||
13 | certificate or waiver
issued by the Board who is
convicted of | ||||||
14 | any offense described in this Section immediately becomes
| ||||||
15 | decertified or no longer has a valid
waiver. The | ||||||
16 | decertification and invalidity of waivers occurs as a matter of
| ||||||
17 | law. Failure of a convicted person to
report to the Board his | ||||||
18 | or her conviction as described in this Section or any
continued | ||||||
19 | law enforcement practice
after receiving a conviction is a | ||||||
20 | Class 4 felony.
| ||||||
21 | (f) The Board's investigators are peace officers and have | ||||||
22 | all the powers
possessed by policemen in cities
and by | ||||||
23 | sheriff's, provided that the investigators may exercise those | ||||||
24 | powers
anywhere in the State, only after
contact and | ||||||
25 | cooperation with the appropriate local law enforcement | ||||||
26 | authorities.
|
| |||||||
| |||||||
1 | (g) The Board must request and receive information and | ||||||
2 | assistance from any
federal, state, or local
governmental | ||||||
3 | agency as part of the authorized criminal background
| ||||||
4 | investigation. The Department of State Police must process, | ||||||
5 | retain, and
additionally
provide
and disseminate information | ||||||
6 | to the Board concerning criminal charges, arrests,
| ||||||
7 | convictions, and their disposition, that have
been filed | ||||||
8 | before, on, or after the effective date of this amendatory Act | ||||||
9 | of
the 91st General Assembly against a basic academy applicant, | ||||||
10 | law enforcement
applicant, or law enforcement officer whose | ||||||
11 | fingerprint identification cards
are on file or maintained by | ||||||
12 | the Department of State Police. The Federal
Bureau
of
| ||||||
13 | Investigation must provide the Board any criminal history | ||||||
14 | record information
contained in its files pertaining to law
| ||||||
15 | enforcement officers or any applicant to a Board certified | ||||||
16 | basic law
enforcement academy as described in this Act
based on | ||||||
17 | fingerprint identification. The Board must make payment of fees | ||||||
18 | to the
Department of State Police for each
fingerprint card | ||||||
19 | submission in conformance with the requirements of paragraph
22 | ||||||
20 | of Section 55a of the Civil
Administrative Code of Illinois.
| ||||||
21 | (h) A police officer who has been certified or granted a | ||||||
22 | valid waiver
shall
also be decertified or have his or her | ||||||
23 | waiver revoked upon a determination by
the Department of Labor | ||||||
24 | Illinois Labor Relations
Board State Panel
that
he or she, | ||||||
25 | while under oath, has knowingly and willfully made false | ||||||
26 | statements
as
to a material fact going to an element of the |
| |||||||
| |||||||
1 | offense of murder. If an appeal
is filed, the determination | ||||||
2 | shall be stayed.
| ||||||
3 | (1) In the case of an acquittal on a charge of murder, | ||||||
4 | a verified
complaint may be filed:
| ||||||
5 | (A) by the defendant; or
| ||||||
6 | (B) by a police officer with personal knowledge of | ||||||
7 | perjured
testimony.
| ||||||
8 | The complaint must allege that a police officer, while | ||||||
9 | under oath, knowingly
and
willfully made false statements | ||||||
10 | as to a material fact going to an element of
the
offense of | ||||||
11 | murder. The verified complaint must be filed with the | ||||||
12 | Executive
Director of the Illinois Law Enforcement | ||||||
13 | Training Standards Board within 2
years of the judgment of | ||||||
14 | acquittal.
| ||||||
15 | (2) Within 30 days, the Executive Director of the | ||||||
16 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
17 | review the verified complaint and determine whether the
| ||||||
18 | verified complaint is frivolous and without merit, or | ||||||
19 | whether further
investigation is
warranted. The Illinois | ||||||
20 | Law Enforcement Training Standards Board shall notify
the | ||||||
21 | officer and the Director of Labor Executive Director of the | ||||||
22 | Illinois Labor Relations Board
State Panel of the filing of | ||||||
23 | the complaint and any action taken thereon. If the
| ||||||
24 | Executive Director of the Illinois Law Enforcement | ||||||
25 | Training
Standards Board determines that the verified | ||||||
26 | complaint is frivolous and without
merit, it shall be |
| |||||||
| |||||||
1 | dismissed. The Executive Director of the Illinois Law
| ||||||
2 | Enforcement Training Standards Board has sole discretion | ||||||
3 | to make this
determination and this decision is not subject | ||||||
4 | to appeal.
| ||||||
5 | (i) If the Executive Director of the Illinois Law | ||||||
6 | Enforcement Training
Standards Board determines that the | ||||||
7 | verified complaint warrants further
investigation, he or she | ||||||
8 | shall refer the matter to a task force of
investigators
created | ||||||
9 | for this purpose. This task force shall consist of 8 sworn | ||||||
10 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
11 | City of Chicago Police Department, 2
from county police | ||||||
12 | departments, and 2 from municipal police departments.
These | ||||||
13 | investigators shall have a minimum of 5 years of experience in | ||||||
14 | conducting
criminal investigations. The investigators shall be | ||||||
15 | appointed by the Executive
Director of the Illinois Law | ||||||
16 | Enforcement Training Standards Board. Any officer
or officers | ||||||
17 | acting in this capacity pursuant to this statutory provision | ||||||
18 | will
have
statewide police authority while acting in this | ||||||
19 | investigative capacity. Their
salaries
and expenses for the | ||||||
20 | time spent conducting investigations under this paragraph
| ||||||
21 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
22 | Standards Board.
| ||||||
23 | (j) Once the Executive Director of the Illinois Law | ||||||
24 | Enforcement Training
Standards Board has determined that an | ||||||
25 | investigation is warranted, the verified
complaint shall be | ||||||
26 | assigned to an investigator or investigators. The
investigator
|
| |||||||
| |||||||
1 | or investigators shall conduct an investigation of the verified | ||||||
2 | complaint and
shall
write a report of his or her findings. This | ||||||
3 | report shall be submitted to the Director of Labor
Executive | ||||||
4 | Director of the Illinois Labor Relations Board State Panel .
| ||||||
5 | Within 30 days, the Director of Labor Executive Director of | ||||||
6 | the Illinois Labor Relations Board
State Panel
shall review the | ||||||
7 | investigative report and determine whether sufficient evidence
| ||||||
8 | exists to
conduct an evidentiary hearing on the verified | ||||||
9 | complaint. If the Director of Labor Executive
Director of the | ||||||
10 | Illinois Labor Relations Board State Panel determines upon his
| ||||||
11 | or
her review of the investigatory report that a hearing should | ||||||
12 | not be conducted,
the
complaint shall be dismissed. This | ||||||
13 | decision is in the Executive Director's sole
discretion, and | ||||||
14 | this dismissal may not be appealed.
| ||||||
15 | If the Director of Labor Executive Director of the Illinois | ||||||
16 | Labor Relations Board
State Panel
determines that there is | ||||||
17 | sufficient evidence to warrant a hearing, a hearing
shall
be | ||||||
18 | ordered on the verified complaint, to be conducted by an | ||||||
19 | administrative law
judge employed by the Department of Labor | ||||||
20 | Illinois Labor Relations Board State Panel . The Director of | ||||||
21 | Labor Executive
Director of the Illinois Labor Relations Board | ||||||
22 | State Panel shall inform the
Executive Director of the Illinois | ||||||
23 | Law Enforcement Training Standards Board and
the person who | ||||||
24 | filed the complaint of either the dismissal of the complaint or
| ||||||
25 | the
issuance of the complaint for hearing.
The Executive | ||||||
26 | Director shall assign the complaint to the
administrative law |
| |||||||
| |||||||
1 | judge within 30 days
of the
decision granting a hearing.
| ||||||
2 | (k) In the case of a finding of guilt on the offense of | ||||||
3 | murder, if a new
trial
is
granted on direct appeal, or a state | ||||||
4 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
5 | claim that a police officer, under oath, knowingly and
| ||||||
6 | willfully made false statements as to a material fact going to | ||||||
7 | an element of
the
offense of murder, the Department of Labor | ||||||
8 | Illinois Labor Relations Board State Panel shall hold a
hearing
| ||||||
9 | to
determine whether the officer should be decertified if an | ||||||
10 | interested party
requests such a hearing within 2 years of the | ||||||
11 | court's decision. The complaint
shall be assigned to an | ||||||
12 | administrative law judge within 30 days so that a
hearing can | ||||||
13 | be scheduled.
| ||||||
14 | At the hearing, the accused officer shall be afforded the | ||||||
15 | opportunity to:
| ||||||
16 | (1) Be represented by counsel of his or her own | ||||||
17 | choosing;
| ||||||
18 | (2) Be heard in his or her own defense;
| ||||||
19 | (3) Produce evidence in his or her defense;
| ||||||
20 | (4) Request that the Department of Labor Illinois Labor | ||||||
21 | Relations Board State Panel compel the
attendance of | ||||||
22 | witnesses and production of related documents including | ||||||
23 | but not
limited to court documents and records.
| ||||||
24 | Once a case has been set for hearing, the verified | ||||||
25 | complaint shall be
referred to the Department of Professional | ||||||
26 | Regulation. That office shall
prosecute the verified complaint |
| |||||||
| |||||||
1 | at the hearing before the administrative law
judge. The | ||||||
2 | Department of Professional Regulation shall have the | ||||||
3 | opportunity to
produce evidence to support the verified | ||||||
4 | complaint and to request the Department of Labor Illinois
Labor
| ||||||
5 | Relations Board State Panel to compel the attendance of | ||||||
6 | witnesses and the
production of related documents, including, | ||||||
7 | but not limited to, court documents
and records. The Department | ||||||
8 | of Labor Illinois Labor Relations Board State Panel shall have | ||||||
9 | the
power
to issue subpoenas requiring the attendance of and | ||||||
10 | testimony of witnesses and
the production of related documents | ||||||
11 | including, but not limited to, court
documents and records and | ||||||
12 | shall have the power to administer oaths.
| ||||||
13 | The administrative law judge shall have the responsibility | ||||||
14 | of receiving into
evidence relevant testimony and documents, | ||||||
15 | including court records, to support
or disprove the allegations | ||||||
16 | made by the person filing the verified complaint
and,
at the | ||||||
17 | close of the case, hear arguments. If the administrative law | ||||||
18 | judge finds
that there is not clear and convincing evidence to | ||||||
19 | support the verified
complaint
that the police officer has, | ||||||
20 | while under oath, knowingly and willfully made
false
statements | ||||||
21 | as to a material fact going to an element of the offense of | ||||||
22 | murder,
the
administrative law judge shall make a written | ||||||
23 | recommendation of dismissal to
the Department of Labor
Illinois | ||||||
24 | Labor Relations Board State Panel . If the administrative law | ||||||
25 | judge
finds
that there is clear and convincing evidence that | ||||||
26 | the police officer has, while
under
oath, knowingly and |
| |||||||
| |||||||
1 | willfully made false statements as to a material fact that
goes | ||||||
2 | to an element of the offense of murder, the administrative law | ||||||
3 | judge shall
make a written recommendation so concluding to the | ||||||
4 | Department of Labor Illinois Labor Relations
Board State Panel . | ||||||
5 | The hearings shall be transcribed.
The Executive
Director of | ||||||
6 | the Illinois Law Enforcement Training Standards Board shall be
| ||||||
7 | informed of the
administrative law judge's recommended | ||||||
8 | findings and decision and the Department of Labor's Illinois
| ||||||
9 | Labor Relations Board State Panel's subsequent review of the | ||||||
10 | recommendation.
| ||||||
11 | (l) An officer named in any complaint filed pursuant to | ||||||
12 | this Act shall be
indemnified for his or her reasonable | ||||||
13 | attorney's fees and costs by his or her
employer. These fees | ||||||
14 | shall be paid in a regular and timely manner. The State,
upon | ||||||
15 | application by the public employer, shall reimburse the public | ||||||
16 | employer
for
the accused officer's reasonable attorney's fees | ||||||
17 | and costs. At no time and
under
no circumstances will the | ||||||
18 | accused officer be required to pay his or her own
reasonable | ||||||
19 | attorney's fees or costs.
| ||||||
20 | (m) The accused officer shall not be placed on unpaid | ||||||
21 | status because of
the filing or processing of the verified | ||||||
22 | complaint until there is a final
non-appealable order | ||||||
23 | sustaining his or her guilt and his or her certification
is
| ||||||
24 | revoked.
Nothing in this Act, however, restricts the public | ||||||
25 | employer from pursuing
discipline against the officer in the | ||||||
26 | normal course and under procedures then
in
place.
|
| |||||||
| |||||||
1 | (n) The Department of Labor Illinois Labor Relations Board | ||||||
2 | State Panel shall review the
administrative law judge's | ||||||
3 | recommended decision and order and determine by a
majority vote | ||||||
4 | whether or not there was clear and convincing evidence that the
| ||||||
5 | accused officer, while under oath, knowingly and willfully made | ||||||
6 | false
statements
as to a material fact going to the offense of | ||||||
7 | murder. Within 30 days of service
of
the administrative law | ||||||
8 | judge's recommended decision and order, the parties may
file | ||||||
9 | exceptions to the recommended decision and order and briefs in | ||||||
10 | support of
their exceptions with the Department of Labor | ||||||
11 | Illinois Labor Relations Board State Panel . The
parties
may | ||||||
12 | file responses to the exceptions and briefs in support of the | ||||||
13 | responses no
later than 15 days after the service of the | ||||||
14 | exceptions. If exceptions are filed
by
any of the parties, the | ||||||
15 | Department of Labor Illinois Labor Relations Board State Panel | ||||||
16 | shall review
the
matter and make a finding to uphold, vacate, | ||||||
17 | or modify the recommended
decision and order. If the Department | ||||||
18 | of Labor Illinois Labor Relations Board State Panel concludes
| ||||||
19 | that there is clear and convincing evidence that the accused | ||||||
20 | officer, while
under
oath, knowingly and willfully made false | ||||||
21 | statements as to a material fact going
to
an element of the | ||||||
22 | offense murder, the Department of Labor Illinois Labor | ||||||
23 | Relations Board State
Panel
shall inform the Illinois Law | ||||||
24 | Enforcement Training Standards Board and the
Illinois Law | ||||||
25 | Enforcement Training Standards Board shall revoke the accused
| ||||||
26 | officer's certification. If the accused officer appeals that |
| |||||||
| |||||||
1 | determination to
the
Appellate Court, as provided by this Act, | ||||||
2 | he or she may petition the Appellate
Court to stay the | ||||||
3 | revocation of his or her certification pending the court's
| ||||||
4 | review
of the matter.
| ||||||
5 | (o) None of the Department of Labor's Illinois Labor | ||||||
6 | Relations Board State Panel's findings or
determinations shall | ||||||
7 | set any precedent in any of its decisions decided pursuant
to | ||||||
8 | the Illinois Public Labor Relations Act by the Department of | ||||||
9 | Labor Illinois Labor Relations
Board
State
Panel or the courts.
| ||||||
10 | (p) A party aggrieved by the final order of the Department | ||||||
11 | of Labor Illinois Labor Relations
Board State Panel may apply | ||||||
12 | for and obtain judicial review of an order of the Department of | ||||||
13 | Labor
Illinois Labor Relations Board State Panel , in accordance | ||||||
14 | with the provisions
of
the Administrative Review Law, except | ||||||
15 | that such judicial review shall be
afforded
directly in the | ||||||
16 | Appellate Court for the district in which the accused officer
| ||||||
17 | resides.
Any direct appeal to the Appellate Court shall be | ||||||
18 | filed within 35 days from the
date that a copy of the decision | ||||||
19 | sought to be reviewed was served upon the
party
affected by the | ||||||
20 | decision.
| ||||||
21 | (q) Interested parties. Only interested parties to the | ||||||
22 | criminal prosecution
in
which the police officer allegedly, | ||||||
23 | while under oath, knowingly and willfully
made
false statements | ||||||
24 | as to a material fact going to an element of the offense of
| ||||||
25 | murder may file a verified complaint pursuant to this Section. | ||||||
26 | For purposes of
this Section, "interested parties" shall be |
| |||||||
| |||||||
1 | limited to the defendant and any
police
officer who has | ||||||
2 | personal knowledge that the police officer who is the subject
| ||||||
3 | of
the complaint has, while under oath, knowingly and willfully | ||||||
4 | made false
statements
as
to a material fact going to an element | ||||||
5 | of the offense of murder.
| ||||||
6 | (r) Semi-annual reports. The Director of Labor Executive | ||||||
7 | Director of the Illinois Labor
Relations Board shall submit | ||||||
8 | semi-annual reports to the Governor, President,
and
Minority | ||||||
9 | Leader of the Senate, and to the Speaker and Minority Leader of | ||||||
10 | the
House
of Representatives beginning on June 30, 2004, | ||||||
11 | indicating:
| ||||||
12 | (1) the number of verified complaints received since | ||||||
13 | the date of the
last
report;
| ||||||
14 | (2) the number of investigations initiated since the | ||||||
15 | date of the last
report;
| ||||||
16 | (3) the number of investigations concluded since the | ||||||
17 | date of the last
report;
| ||||||
18 | (4) the number of investigations pending as of the | ||||||
19 | reporting date;
| ||||||
20 | (5) the number of hearings held since the date of the | ||||||
21 | last report; and
| ||||||
22 | (6) the number of officers decertified since the date | ||||||
23 | of the last
report.
| ||||||
24 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
25 | Section 35. The Illinois Educational Labor Relations Act is |
| |||||||
| |||||||
1 | amended by changing Sections 2, 8, 11, 12, 13, and 17.1 and by | ||||||
2 | adding Sections 5.1 and 5.2 as follows:
| ||||||
3 | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| ||||||
4 | Sec. 2. Definitions. As used in this Act:
| ||||||
5 | (a) "Educational employer"
or "employer" means the | ||||||
6 | governing body of a public school district, including the | ||||||
7 | governing body of a charter school established under Article | ||||||
8 | 27A of the School Code or of a contract school or contract | ||||||
9 | turnaround school established under paragraph 30 of Section | ||||||
10 | 34-18 of the School Code, combination
of public school | ||||||
11 | districts, including the governing body of joint agreements
of | ||||||
12 | any type formed by 2 or more school districts, public community | ||||||
13 | college
district or State college or university, a | ||||||
14 | subcontractor of instructional services of a school district | ||||||
15 | (other than a school district organized under Article 34 of the | ||||||
16 | School Code), combination of school districts, charter school | ||||||
17 | established under Article 27A of the School Code, or contract | ||||||
18 | school or contract turnaround school established under | ||||||
19 | paragraph 30 of Section 34-18 of the School Code, an | ||||||
20 | Independent Authority created under Section 2-3.25f-5 of the | ||||||
21 | School Code, and any State agency whose major
function is | ||||||
22 | providing educational services.
"Educational employer" or | ||||||
23 | "employer" does not include (1) a Financial Oversight
Panel | ||||||
24 | created pursuant to Section 1A-8 of the School Code due to a
| ||||||
25 | district
violating a financial plan or (2) an approved |
| |||||||
| |||||||
1 | nonpublic special education facility that contracts with a | ||||||
2 | school district or combination of school districts to provide | ||||||
3 | special education services pursuant to Section 14-7.02 of the | ||||||
4 | School Code, but does include a School Finance Authority
| ||||||
5 | created
under Article 1E or 1F of the School Code and a | ||||||
6 | Financial Oversight Panel created under Article 1B or 1H of the | ||||||
7 | School Code. The change made by this amendatory Act of the 96th | ||||||
8 | General Assembly to this paragraph (a) to make clear that the | ||||||
9 | governing body of a charter school is an "educational employer" | ||||||
10 | is declaratory of existing law.
| ||||||
11 | (b) "Educational employee" or "employee" means any | ||||||
12 | individual, excluding
supervisors, managerial, confidential, | ||||||
13 | short term employees, student, and
part-time academic | ||||||
14 | employees of community colleges employed full or part
time by | ||||||
15 | an educational employer, but shall not include elected | ||||||
16 | officials
and appointees of the Governor with the advice and | ||||||
17 | consent of the Senate,
firefighters as defined by subsection | ||||||
18 | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||||||
19 | and peace officers employed by a State
university. For the | ||||||
20 | purposes of this Act, part-time
academic employees of community | ||||||
21 | colleges shall be defined as those
employees who provide less | ||||||
22 | than 3 credit hours of instruction per
academic
semester. In | ||||||
23 | this subsection (b), the term "student"
includes graduate | ||||||
24 | students who are research assistants primarily
performing | ||||||
25 | duties that involve research or graduate assistants primarily
| ||||||
26 | performing duties that are pre-professional, but excludes |
| |||||||
| |||||||
1 | graduate
students who are teaching assistants primarily | ||||||
2 | performing duties that
involve the delivery and support of | ||||||
3 | instruction and all other graduate
assistants.
| ||||||
4 | (c) "Employee organization" or "labor organization" means | ||||||
5 | an organization
of any kind in which membership includes | ||||||
6 | educational employees, and which
exists for the purpose, in | ||||||
7 | whole or in part, of dealing with employers
concerning | ||||||
8 | grievances, employee-employer disputes, wages, rates of pay,
| ||||||
9 | hours of employment, or conditions of work, but shall not | ||||||
10 | include any
organization which practices discrimination in | ||||||
11 | membership because of race,
color, creed, age, gender, national | ||||||
12 | origin or political affiliation.
| ||||||
13 | (d) "Exclusive representative" means the labor | ||||||
14 | organization which has
been designated by the Illinois | ||||||
15 | Educational Labor Relations Board as the
representative of the | ||||||
16 | majority of educational employees in an appropriate
unit, or | ||||||
17 | recognized by an educational employer prior to January 1, 1984 | ||||||
18 | as
the exclusive representative of the employees in an | ||||||
19 | appropriate unit or,
after January 1, 1984, recognized by an | ||||||
20 | employer upon evidence that the
employee organization has been | ||||||
21 | designated as the exclusive representative
by a majority of the | ||||||
22 | employees in an appropriate unit.
| ||||||
23 | (e) "Board" means the Department of Labor as successor to | ||||||
24 | the Illinois Educational Labor Relations Board.
| ||||||
25 | (f) "Regional Superintendent" means the regional | ||||||
26 | superintendent of
schools provided for in Articles 3 and 3A of |
| |||||||
| |||||||
1 | The School Code.
| ||||||
2 | (g) "Supervisor" means any individual having authority in | ||||||
3 | the interests
of the employer to hire, transfer, suspend, lay | ||||||
4 | off, recall, promote,
discharge, reward or discipline other | ||||||
5 | employees within the appropriate
bargaining unit and adjust | ||||||
6 | their grievances, or to effectively recommend
such action if | ||||||
7 | the exercise of such authority is not of a merely routine or
| ||||||
8 | clerical nature but requires the use of independent judgment. | ||||||
9 | The term
"supervisor" includes only those individuals who | ||||||
10 | devote a preponderance of
their employment time to such | ||||||
11 | exercising authority.
| ||||||
12 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
13 | practice
prohibited by Section 14 of this Act.
| ||||||
14 | (i) "Person" includes an individual, educational employee, | ||||||
15 | educational
employer, legal representative, or employee | ||||||
16 | organization.
| ||||||
17 | (j) "Wages" means salaries or other forms of compensation | ||||||
18 | for services
rendered.
| ||||||
19 | (k) "Professional employee" means, in the case of a public | ||||||
20 | community
college, State college or university, State agency | ||||||
21 | whose major function is
providing educational services, the | ||||||
22 | Illinois School for the Deaf, and the
Illinois School for the | ||||||
23 | Visually Impaired, (1) any employee engaged in work
(i) | ||||||
24 | predominantly intellectual and varied in character as opposed | ||||||
25 | to
routine mental, manual, mechanical, or physical work; (ii) | ||||||
26 | involving the
consistent exercise of discretion and judgment in |
| |||||||
| |||||||
1 | its performance; (iii) of
such character that the output | ||||||
2 | produced or the result accomplished cannot
be standardized in | ||||||
3 | relation to a given period of time; and (iv) requiring
| ||||||
4 | knowledge of an advanced type in a field of science or learning | ||||||
5 | customarily
acquired by a prolonged course of specialized | ||||||
6 | intellectual instruction and
study in an institution of higher | ||||||
7 | learning or a hospital, as distinguished
from a general | ||||||
8 | academic education or from an apprenticeship or from training
| ||||||
9 | in the performance of routine mental, manual, or physical | ||||||
10 | processes; or
(2) any employee, who (i) has completed the | ||||||
11 | courses of specialized
intellectual instruction and study | ||||||
12 | described in clause (iv) of paragraph
(1) of this subsection, | ||||||
13 | and (ii) is performing related work under the
supervision of a | ||||||
14 | professional person to qualify himself or herself to
become a | ||||||
15 | professional as defined in paragraph (l).
| ||||||
16 | (l) "Professional employee" means, in the case of any | ||||||
17 | public school
district, or combination of school districts | ||||||
18 | pursuant to joint agreement,
any employee who has a certificate | ||||||
19 | issued under Article 21 or Section 34-83
of the School Code, as | ||||||
20 | now or hereafter amended.
| ||||||
21 | (m) "Unit" or "bargaining unit" means any group of | ||||||
22 | employees for which
an exclusive representative is selected.
| ||||||
23 | (n) "Confidential employee" means an employee, who (i) in | ||||||
24 | the regular
course of his or her duties, assists and acts in a | ||||||
25 | confidential capacity to
persons who formulate, determine and | ||||||
26 | effectuate management policies with
regard to labor relations |
| |||||||
| |||||||
1 | or who (ii) in the regular course of his or her
duties has | ||||||
2 | access to information relating to the effectuation or review of
| ||||||
3 | the employer's collective bargaining policies.
| ||||||
4 | (o) "Managerial employee" means an individual who is | ||||||
5 | engaged
predominantly in executive and management functions | ||||||
6 | and is charged with the
responsibility of directing the | ||||||
7 | effectuation of such management policies and
practices.
| ||||||
8 | (p) "Craft employee" means a skilled journeyman, craft | ||||||
9 | person, and his
or her apprentice or helper.
| ||||||
10 | (q) "Short-term employee" is an employee who is employed | ||||||
11 | for less than
2 consecutive calendar quarters during a calendar | ||||||
12 | year and who does not
have a reasonable expectation that he or | ||||||
13 | she will be rehired by the same
employer for the same service | ||||||
14 | in a subsequent calendar year. Nothing in
this subsection shall | ||||||
15 | affect the employee status of individuals who were
covered by a | ||||||
16 | collective bargaining agreement on the effective date of this
| ||||||
17 | amendatory Act of 1991.
| ||||||
18 | (Source: P.A. 97-429, eff. 8-16-11; 98-1155, eff. 1-9-15.)
| ||||||
19 | (115 ILCS 5/5.1 new) | ||||||
20 | Sec. 5.1. Dissolution of the Illinois Educational Labor | ||||||
21 | Relations Board; transfer and savings provisions. | ||||||
22 | (a) The Illinois Educational Labor Relations Board is | ||||||
23 | dissolved on July 1, 2020. Any reference in any law, | ||||||
24 | appropriation, rule, form, or other document to the Illinois | ||||||
25 | Educational Labor Relations Board means the Department of Labor |
| |||||||
| |||||||
1 | as successor to the Illinois Educational Labor Relations Board | ||||||
2 | as provided under this Section. For the purposes of the | ||||||
3 | Successor Agency Act, the Department of Labor is declared to be | ||||||
4 | the successor agency of the Illinois Labor Relations Board. | ||||||
5 | (b) The Department of Labor shall succeed to all of the | ||||||
6 | powers, duties, rights, and property, including contractual | ||||||
7 | rights and obligations, of the Illinois Educational Labor | ||||||
8 | Relations Board. | ||||||
9 | (c) The personnel of the Illinois Educational Labor | ||||||
10 | Relations Board shall be transferred to the Department of | ||||||
11 | Labor. The status and rights of such employees under the | ||||||
12 | Personnel Code shall not be affected by the transfer. The | ||||||
13 | rights of the employees and the State of Illinois and its | ||||||
14 | agencies under the Personnel Code and applicable collective | ||||||
15 | bargaining agreements or under any pension, retirement, or | ||||||
16 | annuity plan shall not be affected by this Section. | ||||||
17 | (d) All books, records, papers, documents, property (real | ||||||
18 | and personal), contracts, causes of action, and pending | ||||||
19 | business pertaining to the powers, duties, rights, and | ||||||
20 | responsibilities transferred by this Section from the Illinois | ||||||
21 | Educational Labor Relations Board to the Department of Labor, | ||||||
22 | including, but not limited to, material in electronic or | ||||||
23 | magnetic format and necessary computer hardware and software, | ||||||
24 | shall be transferred to the Department of Labor. | ||||||
25 | (e) All unexpended appropriations and balances and other | ||||||
26 | funds available for use by the Illinois Educational Labor |
| |||||||
| |||||||
1 | Relations Board shall be transferred for use by the Department | ||||||
2 | of Labor. Unexpended balances so transferred shall be expended | ||||||
3 | only for the purpose for which the appropriations were | ||||||
4 | originally made. | ||||||
5 | (f) Whenever reports or notices are now required to be made | ||||||
6 | or given or papers or documents furnished or served by any | ||||||
7 | person to or upon the Illinois Educational Labor Relations | ||||||
8 | Board in connection with any of the powers, duties, rights, and | ||||||
9 | responsibilities transferred by this Section, the same shall be | ||||||
10 | made, given, furnished, or served in the same manner to or upon | ||||||
11 | the Department of Labor. | ||||||
12 | (g) This Section does not affect any act done, ratified, or | ||||||
13 | canceled or any right occurring or established or any action or | ||||||
14 | proceeding had or commenced in an administrative, civil, or | ||||||
15 | criminal cause by the Illinois Educational Labor Relations | ||||||
16 | Board before the effective date of this amendatory Act of the | ||||||
17 | 101st General Assembly; such actions or proceedings may be | ||||||
18 | prosecuted and continued by the Department of Labor. | ||||||
19 | (h) Any matters pending before the Illinois Educational | ||||||
20 | Labor Relations Board at the time of its dissolution shall | ||||||
21 | continue as matters before the Department of Labor. | ||||||
22 | (i) Any rules of the Illinois Educational Labor Relations | ||||||
23 | Board that relate to its powers, duties, rights, and | ||||||
24 | responsibilities and are in full force on the effective date of | ||||||
25 | this amendatory Act of the 101st General Assembly shall become | ||||||
26 | the rules of the Department of Labor. This Section does not |
| |||||||
| |||||||
1 | affect the legality of any such rules in the Illinois | ||||||
2 | Administrative Code. | ||||||
3 | Any proposed rules filed with the Secretary of State by the | ||||||
4 | Illinois Educational Labor Relations Board that are pending in | ||||||
5 | the rulemaking process on the effective date of this amendatory | ||||||
6 | Act of the 101st General Assembly and pertain to the powers, | ||||||
7 | duties, rights, and responsibilities transferred, shall be | ||||||
8 | deemed to have been filed by the Department of Labor. As soon | ||||||
9 | as practicable hereafter, the Department of Labor shall revise | ||||||
10 | and clarify the rules transferred to it under this Section to | ||||||
11 | reflect the reorganization of powers, duties, rights, and | ||||||
12 | responsibilities affected by this amendatory Act of the 101st | ||||||
13 | General Assembly, using the procedures for recodification of | ||||||
14 | rules available under the Illinois Administrative Procedure | ||||||
15 | Act, except that existing title, part, and Section numbering | ||||||
16 | for the affected rules may be retained. The Department of Labor | ||||||
17 | may propose and adopt under the Illinois Administrative | ||||||
18 | Procedure Act such other rules of the Illinois Educational | ||||||
19 | Labor Relations Board that will now be administered by the | ||||||
20 | Department of Labor.
| ||||||
21 | (115 ILCS 5/5.2 new) | ||||||
22 | Sec. 5.2. Department of Labor powers and duties. | ||||||
23 | (a) The Department of Labor may appoint or employ an | ||||||
24 | assistant director, attorneys, hearing officers, and such | ||||||
25 | other employees as it deems necessary to perform its functions |
| |||||||
| |||||||
1 | under this Act. The Department shall prescribe the duties and | ||||||
2 | qualifications of such persons appointed and, subject to the | ||||||
3 | annual appropriation, fix their compensation and provide for | ||||||
4 | reimbursement of actual and necessary expenses incurred in the | ||||||
5 | performance of their duties. | ||||||
6 | (b) The Department of Labor may adopt rules which allow | ||||||
7 | parties in proceedings before the Department to be represented | ||||||
8 | by counsel or any other person knowledgeable in the matters | ||||||
9 | under consideration. | ||||||
10 | (c) To accomplish the objectives and to carry out the | ||||||
11 | duties prescribed by this Act, the Department may: subpoena | ||||||
12 | witnesses; subpoena the production of books, papers, records, | ||||||
13 | and documents which may be needed as evidence on any matter | ||||||
14 | under inquiry; and administer oaths and affirmations. | ||||||
15 | In cases of neglect or refusal to obey a subpoena issued to | ||||||
16 | any person, the circuit court in the county in which the | ||||||
17 | investigation or the public hearing is taking place, upon | ||||||
18 | application by the Department, may issue an order requiring | ||||||
19 | such person to appear before the Department or any member or | ||||||
20 | agent of the Department to produce evidence or give testimony. | ||||||
21 | A failure to obey such order may be punished by the court as in | ||||||
22 | civil contempt. | ||||||
23 | Any subpoena, notice of hearing, or other process or notice | ||||||
24 | of the Department issued under the provisions of this Act may | ||||||
25 | be served personally, by registered mail, or by leaving a copy | ||||||
26 | at the principal office of the respondent required to be |
| |||||||
| |||||||
1 | served. A return, made and verified by the individual making | ||||||
2 | such service and setting forth the manner of such service, is | ||||||
3 | proof of service. A post office receipt, when registered mail | ||||||
4 | is used, is proof of service. All process of any court to which | ||||||
5 | application may be made under the provisions of this Act may be | ||||||
6 | served in the county where the persons required to be served | ||||||
7 | reside or may be found. | ||||||
8 | (d) The Department of Labor shall adopt, amend, or rescind | ||||||
9 | rules in accordance with the Illinois Administrative Procedure | ||||||
10 | Act as it deems necessary and feasible to carry out this Act. | ||||||
11 | (e) The Department of Labor at the end of every State | ||||||
12 | fiscal year shall make a report to the Governor and the General | ||||||
13 | Assembly stating in detail the work it has done in hearing and | ||||||
14 | deciding cases and otherwise.
| ||||||
15 | (115 ILCS 5/8) (from Ch. 48, par. 1708)
| ||||||
16 | Sec. 8. Election - certification. Elections shall be by | ||||||
17 | secret ballot,
and conducted in accordance with rules and | ||||||
18 | regulations established by the
Illinois Educational Labor | ||||||
19 | Relations Board. An incumbent exclusive bargaining
| ||||||
20 | representative shall automatically be placed on any ballot with | ||||||
21 | the
petitioner's
labor organization. An intervening labor | ||||||
22 | organization may be placed on the
ballot
when supported by 15% | ||||||
23 | or more of the employees in the bargaining unit.
The Board | ||||||
24 | shall give at least 30 days notice of the time
and place of the | ||||||
25 | election to the parties and, upon request, shall provide
the |
| |||||||
| |||||||
1 | parties with a list of names and addresses of persons eligible | ||||||
2 | to vote
in the election at least 15 days before the election. | ||||||
3 | The ballot must include,
as one of the alternatives, the choice | ||||||
4 | of "no representative". No mail
ballots are permitted except | ||||||
5 | where a specific individual would otherwise
be unable to cast a | ||||||
6 | ballot.
| ||||||
7 | The labor organization receiving a majority of the ballots | ||||||
8 | cast shall be
certified by the Board as the exclusive | ||||||
9 | bargaining representative.
If the choice of "no | ||||||
10 | representative" receives a majority, the employer shall
not | ||||||
11 | recognize any exclusive bargaining representative for at least | ||||||
12 | 12 months.
If none of the choices on the ballot receives a | ||||||
13 | majority, a run-off shall
be conducted between the 2 choices | ||||||
14 | receiving the largest number of valid
votes cast in the | ||||||
15 | election. The Board shall certify the
results of the election | ||||||
16 | within 6 working days after the final tally
of votes
unless a | ||||||
17 | charge is filed by a party alleging that improper conduct | ||||||
18 | occurred
which
affected the outcome of the election. The Board | ||||||
19 | shall
promptly investigate the allegations, and if it finds | ||||||
20 | probable cause that
improper conduct occurred and could have | ||||||
21 | affected the outcome of the election,
it shall set a hearing on | ||||||
22 | the matter on a date falling within 2 weeks of
when it received | ||||||
23 | the charge. If it determines, after hearing, that the outcome
| ||||||
24 | of the election was affected by improper conduct, it shall | ||||||
25 | order a new election
and shall order corrective action which it | ||||||
26 | considers necessary to insure the
fairness of the new election. |
| |||||||
| |||||||
1 | If it determines upon investigation or after
hearing that the | ||||||
2 | alleged improper conduct did not take place or that it did not
| ||||||
3 | affect the results of the election, it shall immediately | ||||||
4 | certify the election
results.
| ||||||
5 | Any labor organization that is the exclusive bargaining | ||||||
6 | representative
in an appropriate unit on
the effective date of | ||||||
7 | this Act shall continue as such until a new one is
selected | ||||||
8 | under this Act.
| ||||||
9 | (Source: P.A. 92-206, eff. 1-1-02.)
| ||||||
10 | (115 ILCS 5/11) (from Ch. 48, par. 1711)
| ||||||
11 | Sec. 11. Non-member fair share payments. When a collective
| ||||||
12 | bargaining agreement is entered into with an exclusive | ||||||
13 | representative, it
may include a provision requiring employees | ||||||
14 | covered by
the agreement who are not members of the | ||||||
15 | organization to pay
to the organization a fair share fee for | ||||||
16 | services rendered. The exclusive
representative shall certify | ||||||
17 | to the employer an amount not to exceed the
dues uniformly | ||||||
18 | required of members which shall constitute each non member
| ||||||
19 | employee's fair share fee. The fair share fee payment shall be | ||||||
20 | deducted
by the employer from the earnings of the non member | ||||||
21 | employees and paid to
the exclusive representative.
| ||||||
22 | The amount certified by the exclusive representative shall | ||||||
23 | not include
any fees for contributions related to the election | ||||||
24 | or support of any candidate
for political office. Nothing in | ||||||
25 | this Section shall preclude the non member
employee from making |
| |||||||
| |||||||
1 | voluntary political contributions in conjunction with
his or | ||||||
2 | her fair share payment.
| ||||||
3 | If a collective bargaining agreement that includes a fair | ||||||
4 | share clause expires or continues in effect beyond its | ||||||
5 | scheduled expiration date pending the negotiation of a | ||||||
6 | successor agreement, then the employer shall continue to honor | ||||||
7 | and abide by the fair share clause until a new agreement that | ||||||
8 | includes a fair share clause is reached. Failure to honor and | ||||||
9 | abide by the fair share clause for the benefit of any exclusive | ||||||
10 | representative as set forth in this paragraph shall be a | ||||||
11 | violation of the duty to bargain and an unfair labor practice.
| ||||||
12 | Agreements containing a fair share agreement must | ||||||
13 | safeguard the right of
non-association of employees based upon | ||||||
14 | bonafide religious tenets or teaching
of a church or religious | ||||||
15 | body of which such employees are members. Such
employees may be | ||||||
16 | required to pay an amount equal to their proportionate
share, | ||||||
17 | determined under a proportionate share agreement, to a | ||||||
18 | non-religious
charitable organization mutually agreed upon by | ||||||
19 | the employees affected
and the exclusive representative to | ||||||
20 | which such employees would otherwise
pay such fee. If the | ||||||
21 | affected employees and the exclusive representative
are unable | ||||||
22 | to reach an agreement on the matter, the Illinois Educational
| ||||||
23 | Labor Relations Board may establish an approved list of | ||||||
24 | charitable
organizations to which such payments may be made.
| ||||||
25 | The Board shall by rule require that in cases where an | ||||||
26 | employee files
an objection to the amount of the fair share |
| |||||||
| |||||||
1 | fee, the employer shall
continue to deduct the employee's fair | ||||||
2 | share fee from the employee's pay,
but shall transmit the fee, | ||||||
3 | or some portion thereof, to the Board for
deposit in an escrow | ||||||
4 | account maintained by the Board; provided, however,
that if the | ||||||
5 | exclusive representative maintains an escrow account for the
| ||||||
6 | purpose of holding fair share fees to which an employee has | ||||||
7 | objected, the
employer shall transmit the entire fair share fee | ||||||
8 | to the exclusive
representative, and the exclusive | ||||||
9 | representative shall hold in escrow that
portion of the fee | ||||||
10 | that the employer would otherwise have been required to
| ||||||
11 | transmit to the Board for escrow, provided that the escrow | ||||||
12 | account
maintained by the exclusive representative complies | ||||||
13 | with rules to be
promulgated by the Board within 30 days of the | ||||||
14 | effective date of this
amendatory Act of 1989 or that the | ||||||
15 | collective bargaining agreement
requiring the payment of the | ||||||
16 | fair share fee contains an indemnification
provision for the | ||||||
17 | purpose of indemnifying the employer with respect to the
| ||||||
18 | employer's transmission of fair share fees to the exclusive | ||||||
19 | representative.
| ||||||
20 | (Source: P.A. 94-210, eff. 7-14-05.)
| ||||||
21 | (115 ILCS 5/12) (from Ch. 48, par. 1712)
| ||||||
22 | Sec. 12. Impasse procedures.
| ||||||
23 | (a) This subsection (a) applies only to collective | ||||||
24 | bargaining between an educational employer that is not a public | ||||||
25 | school district organized under Article 34 of the School Code |
| |||||||
| |||||||
1 | and an exclusive representative of its employees. If the | ||||||
2 | parties engaged in collective
bargaining have not reached an | ||||||
3 | agreement by 90 days before the scheduled
start of the | ||||||
4 | forthcoming school year, the parties shall notify the Illinois
| ||||||
5 | Educational Labor Relations Board concerning the status of | ||||||
6 | negotiations. This notice shall include a statement on whether | ||||||
7 | mediation has been used.
| ||||||
8 | Upon demand of either party, collective bargaining between | ||||||
9 | the employer
and an exclusive bargaining representative must | ||||||
10 | begin within 60 days of
the date of certification of the | ||||||
11 | representative by the Board, or in the case
of an existing | ||||||
12 | exclusive bargaining representative, within 60 days of the
| ||||||
13 | receipt by a party of a demand to bargain issued by the other | ||||||
14 | party. Once
commenced, collective bargaining must continue for | ||||||
15 | at least a 60 day
period, unless a contract is entered into.
| ||||||
16 | Except as otherwise provided in subsection (b) of this | ||||||
17 | Section, if after
a reasonable period of negotiation and within | ||||||
18 | 90 days of the
scheduled start of the forth-coming school year, | ||||||
19 | the parties engaged in
collective bargaining have reached an | ||||||
20 | impasse, either party may petition
the Board to initiate | ||||||
21 | mediation. Alternatively, the Board on its own
motion may | ||||||
22 | initiate mediation during this period. However, mediation | ||||||
23 | shall
be initiated by the Board at any time when jointly | ||||||
24 | requested by the parties
and the services of the mediators | ||||||
25 | shall continuously be made available to
the employer and to the | ||||||
26 | exclusive bargaining representative for purposes of
|
| |||||||
| |||||||
1 | arbitration of grievances and mediation or arbitration of | ||||||
2 | contract
disputes. If requested by the parties, the mediator | ||||||
3 | may perform
fact-finding and in so doing conduct hearings and | ||||||
4 | make written findings and
recommendations for resolution of the | ||||||
5 | dispute. Such mediation shall be
provided by the Board and | ||||||
6 | shall be held before qualified impartial
individuals. Nothing | ||||||
7 | prohibits the use of other individuals or
organizations such as | ||||||
8 | the Federal Mediation and Conciliation Service or the
American | ||||||
9 | Arbitration Association selected by both the exclusive | ||||||
10 | bargaining
representative and the employer.
| ||||||
11 | If the parties engaged in collective bargaining fail to | ||||||
12 | reach an agreement
within 45 days of the scheduled start of the | ||||||
13 | forthcoming school year and
have not requested mediation, the | ||||||
14 | Illinois Educational Labor Relations Board
shall invoke | ||||||
15 | mediation.
| ||||||
16 | Whenever mediation is initiated or invoked under this | ||||||
17 | subsection (a), the
parties may stipulate to defer selection of | ||||||
18 | a mediator in accordance with
rules adopted by the Board.
| ||||||
19 | (a-5) This subsection (a-5) applies only to collective | ||||||
20 | bargaining between a public school district or a combination of | ||||||
21 | public school districts, including, but not limited to, joint | ||||||
22 | cooperatives, that is not organized under Article 34 of the | ||||||
23 | School Code and an exclusive representative of its employees. | ||||||
24 | (1) Any time 15 days after mediation has commenced, | ||||||
25 | either party may initiate the public posting process. The | ||||||
26 | mediator may initiate the public posting process at any |
| |||||||
| |||||||
1 | time 15 days after mediation has commenced during the | ||||||
2 | mediation process. Initiation of the public posting | ||||||
3 | process must be filed in writing with the Board, and copies | ||||||
4 | must be submitted to the parties on the same day the | ||||||
5 | initiation is filed with the Board. | ||||||
6 | (2) Within 7 days after the initiation of the public | ||||||
7 | posting process, each party shall submit to the mediator, | ||||||
8 | the Board, and the other party in writing the most recent | ||||||
9 | offer of the party, including a cost summary of the offer. | ||||||
10 | Seven days after receipt of the parties' offers, the Board | ||||||
11 | shall make public the offers and each party's cost summary | ||||||
12 | dealing with those issues on which the parties have failed | ||||||
13 | to reach agreement by immediately posting the offers on its | ||||||
14 | Internet website, unless otherwise notified by the | ||||||
15 | mediator or jointly by the parties that agreement has been | ||||||
16 | reached. On the same day of publication by the Board, at a | ||||||
17 | minimum, the school district shall distribute notice of the | ||||||
18 | availability of the offers on the Board's Internet website | ||||||
19 | to all news media that have filed an annual request for | ||||||
20 | notices from the school district pursuant to Section 2.02 | ||||||
21 | of the Open Meetings Act. The parties' offers shall remain | ||||||
22 | on the Board's Internet website until the parties have | ||||||
23 | reached and ratified an agreement. | ||||||
24 | (a-10) This subsection (a-10) applies only to collective | ||||||
25 | bargaining between a public school district organized under | ||||||
26 | Article 34 of the School Code and an exclusive representative |
| |||||||
| |||||||
1 | of its employees. | ||||||
2 | (1) For collective bargaining agreements between an | ||||||
3 | educational employer to which this subsection (a-10) | ||||||
4 | applies and an exclusive representative of its employees, | ||||||
5 | if the parties fail to reach an agreement after a | ||||||
6 | reasonable period of mediation, the dispute shall be | ||||||
7 | submitted to fact-finding in accordance with this | ||||||
8 | subsection (a-10). Either the educational employer or the | ||||||
9 | exclusive representative may initiate fact-finding by | ||||||
10 | submitting a written demand to the other party with a copy | ||||||
11 | of the demand submitted simultaneously to the Board. | ||||||
12 | (2) Within 3 days following a party's demand for | ||||||
13 | fact-finding, each party shall appoint one member of the | ||||||
14 | fact-finding panel, unless the parties agree to proceed | ||||||
15 | without a tri-partite panel. Following these appointments, | ||||||
16 | if any, the parties shall select a qualified impartial | ||||||
17 | individual to serve as the fact-finder and chairperson of | ||||||
18 | the fact-finding panel, if applicable. An individual shall | ||||||
19 | be considered qualified to serve as the fact-finder and | ||||||
20 | chairperson of the fact-finding panel, if applicable, if he | ||||||
21 | or she was not the same individual who was appointed as the | ||||||
22 | mediator and if he or she satisfies the following | ||||||
23 | requirements: membership in good standing with the | ||||||
24 | National Academy of Arbitrators, Federal Mediation and | ||||||
25 | Conciliation Service, or American Arbitration Association | ||||||
26 | for a minimum of 10 years; membership on the mediation |
| |||||||
| |||||||
1 | roster for the Illinois Labor Relations Board , or the | ||||||
2 | Department of Labor as its successor, or Illinois | ||||||
3 | Educational Labor Relations Board , or the Department of | ||||||
4 | Labor as its successor ; issuance of at least 5 interest | ||||||
5 | arbitration awards arising under the Illinois Public Labor | ||||||
6 | Relations Act; and participation in impasse resolution | ||||||
7 | processes arising under private or public sector | ||||||
8 | collective bargaining statutes in other states. If the | ||||||
9 | parties are unable to agree on a fact-finder, the parties | ||||||
10 | shall request a panel of fact-finders who satisfy the | ||||||
11 | requirements set forth in this paragraph (2) from either | ||||||
12 | the Federal Mediation and Conciliation Service or the | ||||||
13 | American Arbitration Association and shall select a | ||||||
14 | fact-finder from such panel in accordance with the | ||||||
15 | procedures established by the organization providing the | ||||||
16 | panel. | ||||||
17 | (3) The fact-finder shall have the following duties and | ||||||
18 | powers: | ||||||
19 | (A) to require the parties to submit a statement of | ||||||
20 | disputed issues and their positions regarding each | ||||||
21 | issue either jointly or separately; | ||||||
22 | (B) to identify disputed issues that are economic | ||||||
23 | in nature; | ||||||
24 | (C) to meet with the parties either separately or | ||||||
25 | in executive sessions; | ||||||
26 | (D) to conduct hearings and regulate the time, |
| |||||||
| |||||||
1 | place, course, and manner of the hearings; | ||||||
2 | (E) to request the Board to issue subpoenas | ||||||
3 | requiring the attendance and testimony of witnesses or | ||||||
4 | the production of evidence; | ||||||
5 | (F) to administer oaths and affirmations; | ||||||
6 | (G) to examine witnesses and documents; | ||||||
7 | (H) to create a full and complete written record of | ||||||
8 | the hearings; | ||||||
9 | (I) to attempt mediation or remand a disputed issue | ||||||
10 | to the parties for further collective bargaining; | ||||||
11 | (J) to require the parties to submit final offers | ||||||
12 | for each disputed issue either individually or as a | ||||||
13 | package or as a combination of both; and | ||||||
14 | (K) to employ any other measures deemed | ||||||
15 | appropriate to resolve the impasse. | ||||||
16 | (4) If the dispute is not settled within 75 days after | ||||||
17 | the appointment of the fact-finding panel, the | ||||||
18 | fact-finding panel shall issue a private report to the | ||||||
19 | parties that contains advisory findings of fact and | ||||||
20 | recommended terms of settlement for all disputed issues and | ||||||
21 | that sets forth a rationale for each recommendation. The | ||||||
22 | fact-finding panel, acting by a majority of its members, | ||||||
23 | shall base its findings and recommendations upon the | ||||||
24 | following criteria as applicable: | ||||||
25 | (A) the lawful authority of the employer; | ||||||
26 | (B) the federal and State statutes or local |
| |||||||
| |||||||
1 | ordinances and resolutions applicable to the employer; | ||||||
2 | (C) prior collective bargaining agreements and the | ||||||
3 | bargaining history between the parties; | ||||||
4 | (D) stipulations of the parties; | ||||||
5 | (E) the interests and welfare of the public and the | ||||||
6 | students and families served by the employer; | ||||||
7 | (F) the employer's financial ability to fund the | ||||||
8 | proposals based on existing available resources, | ||||||
9 | provided that such ability is not predicated on an | ||||||
10 | assumption that lines of credit or reserve funds are | ||||||
11 | available or that the employer may or will receive or | ||||||
12 | develop new sources of revenue or increase existing | ||||||
13 | sources of revenue; | ||||||
14 | (G) the impact of any economic adjustments on the | ||||||
15 | employer's ability to pursue its educational mission; | ||||||
16 | (H) the present and future general economic | ||||||
17 | conditions in the locality and State; | ||||||
18 | (I) a comparison of the wages, hours, and | ||||||
19 | conditions of employment of the employees involved in | ||||||
20 | the dispute with the wages, hours, and conditions of | ||||||
21 | employment of employees performing similar services in | ||||||
22 | public education in the 10 largest U.S. cities; | ||||||
23 | (J) the average consumer prices in urban areas for | ||||||
24 | goods and services, which is commonly known as the cost | ||||||
25 | of living; | ||||||
26 | (K) the overall compensation presently received by |
| |||||||
| |||||||
1 | the employees involved in the dispute, including | ||||||
2 | direct wage compensation; vacations, holidays, and | ||||||
3 | other excused time; insurance and pensions; medical | ||||||
4 | and hospitalization benefits; the continuity and | ||||||
5 | stability of employment and all other benefits | ||||||
6 | received; and how each party's proposed compensation | ||||||
7 | structure supports the educational goals of the | ||||||
8 | district; | ||||||
9 | (L) changes in any of the circumstances listed in | ||||||
10 | items (A) through (K) of this paragraph (4) during the | ||||||
11 | fact-finding proceedings; | ||||||
12 | (M) the effect that any term the parties are at | ||||||
13 | impasse on has or may have on the overall educational | ||||||
14 | environment, learning conditions, and working | ||||||
15 | conditions with the school district; and | ||||||
16 | (N) the effect that any term the parties are at | ||||||
17 | impasse on has or may have in promoting the public | ||||||
18 | policy of this State. | ||||||
19 | (5) The fact-finding panel's recommended terms of | ||||||
20 | settlement shall be deemed agreed upon by the parties as | ||||||
21 | the final resolution of the disputed issues and | ||||||
22 | incorporated into the collective bargaining agreement | ||||||
23 | executed by the parties, unless either party tenders to the | ||||||
24 | other party and the chairperson of the fact-finding panel a | ||||||
25 | notice of rejection of the recommended terms of settlement | ||||||
26 | with a rationale for the rejection, within 15 days after |
| |||||||
| |||||||
1 | the date of issuance of the fact-finding panel's report. If | ||||||
2 | either party submits a notice of rejection, the chairperson | ||||||
3 | of the fact-finding panel shall publish the fact-finding | ||||||
4 | panel's report and the notice of rejection for public | ||||||
5 | information by delivering a copy to all newspapers of | ||||||
6 | general circulation in the community with simultaneous | ||||||
7 | written notice to the parties. | ||||||
8 | (b) If, after a period of bargaining of at least 60 days, a
| ||||||
9 | dispute or impasse exists between an educational employer whose | ||||||
10 | territorial
boundaries are coterminous with those of a city | ||||||
11 | having a population in
excess of 500,000 and the exclusive | ||||||
12 | bargaining representative over
a subject or matter set forth in | ||||||
13 | Section 4.5 of this Act, the parties shall
submit the dispute | ||||||
14 | or impasse to the dispute resolution procedure
agreed to | ||||||
15 | between the parties. The procedure shall provide for mediation
| ||||||
16 | of disputes by a rotating mediation panel and may, at the | ||||||
17 | request of
either party, include the issuance of advisory | ||||||
18 | findings of fact and
recommendations.
| ||||||
19 | (c) The costs of fact finding and mediation shall be shared | ||||||
20 | equally
between
the employer and the exclusive bargaining | ||||||
21 | agent, provided that, for
purposes of mediation under this Act, | ||||||
22 | if either party requests the use of
mediation services from the | ||||||
23 | Federal Mediation and Conciliation Service, the
other party | ||||||
24 | shall either join in such request or bear the additional cost
| ||||||
25 | of mediation services from another source. All other costs and | ||||||
26 | expenses of complying with this Section must be borne by the |
| |||||||
| |||||||
1 | party incurring them.
| ||||||
2 | (c-5) If an educational employer or exclusive bargaining | ||||||
3 | representative refuses to participate in mediation or fact | ||||||
4 | finding when required by this Section, the refusal shall be | ||||||
5 | deemed a refusal to bargain in good faith. | ||||||
6 | (d) Nothing in this Act prevents an employer and an | ||||||
7 | exclusive bargaining
representative from mutually submitting | ||||||
8 | to final and binding impartial
arbitration unresolved issues | ||||||
9 | concerning the terms of a new collective
bargaining agreement.
| ||||||
10 | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | ||||||
11 | eff. 1-1-14.)
| ||||||
12 | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| ||||||
13 | Sec. 13. Strikes.
| ||||||
14 | (a) Notwithstanding the existence of any other
provision in | ||||||
15 | this Act or other law, educational employees employed in school
| ||||||
16 | districts organized under Article 34 of the School Code shall | ||||||
17 | not engage in
a strike at any time during the 18 month period | ||||||
18 | that commences on the
effective date of this amendatory Act of | ||||||
19 | 1995. An educational employee
employed in a school district | ||||||
20 | organized
under Article 34 of the School Code who participates | ||||||
21 | in a strike in violation
of this Section is subject to | ||||||
22 | discipline by the employer. In addition, no
educational | ||||||
23 | employer organized under Article 34 of the School Code may pay | ||||||
24 | or
cause to be paid to an educational employee who
participates | ||||||
25 | in a strike in violation of this subsection any wages or other
|
| |||||||
| |||||||
1 | compensation for any period during
which an educational | ||||||
2 | employee participates in the strike, except for wages or
| ||||||
3 | compensation earned before participation in the strike.
| ||||||
4 | Notwithstanding the existence of any other
provision in this | ||||||
5 | Act or other law, during the 18-month period that strikes are
| ||||||
6 | prohibited under this subsection nothing in this subsection | ||||||
7 | shall be construed
to require an educational employer to submit | ||||||
8 | to a binding dispute resolution
process.
| ||||||
9 | (b) Notwithstanding the existence of any other provision in | ||||||
10 | this Act or any
other law, educational employees other than | ||||||
11 | those employed in a school district
organized under Article 34 | ||||||
12 | of the School Code and, after the expiration of the
18 month | ||||||
13 | period that commences on the effective date of this amendatory | ||||||
14 | Act of
1995, educational employees in a school district | ||||||
15 | organized under Article 34 of
the School Code shall not engage | ||||||
16 | in a strike except under the following
conditions:
| ||||||
17 | (1) they are represented by an exclusive bargaining
| ||||||
18 | representative;
| ||||||
19 | (2) mediation has been used without success and, for | ||||||
20 | educational employers and exclusive bargaining | ||||||
21 | representatives to which subsection (a-5) of Section 12 of | ||||||
22 | this Act applies, at least 14 days have elapsed after the | ||||||
23 | Board has made public the parties' offers;
| ||||||
24 | (2.5) if fact-finding was invoked pursuant to | ||||||
25 | subsection (a-10) of Section 12 of this Act, at least 30 | ||||||
26 | days have elapsed after a fact-finding report has been |
| |||||||
| |||||||
1 | released for public information; | ||||||
2 | (2.10) for educational employees employed in a school | ||||||
3 | district organized under Article 34 of the School Code, at | ||||||
4 | least three-fourths of all bargaining unit employees who | ||||||
5 | are members of the exclusive bargaining representative | ||||||
6 | have affirmatively voted to authorize the strike; | ||||||
7 | provided, however, that all members of the exclusive | ||||||
8 | bargaining representative at the time of a strike | ||||||
9 | authorization vote shall be eligible to vote;
| ||||||
10 | (3) at least 10 days have elapsed after a notice of | ||||||
11 | intent
to strike has been given by the exclusive bargaining | ||||||
12 | representative to the
educational employer, the regional | ||||||
13 | superintendent and the Illinois Educational
Labor | ||||||
14 | Relations Board;
| ||||||
15 | (4) the collective bargaining agreement between the | ||||||
16 | educational employer
and educational employees, if any, | ||||||
17 | has expired or been terminated; and
| ||||||
18 | (5) the employer and the exclusive bargaining | ||||||
19 | representative have not
mutually submitted the unresolved | ||||||
20 | issues to arbitration.
| ||||||
21 | If, however, in the opinion of an employer the strike is or | ||||||
22 | has become a
clear and present danger to the health or safety | ||||||
23 | of the public, the employer
may initiate
in the circuit court | ||||||
24 | of the county in which such danger exists an action for
relief | ||||||
25 | which may include, but is not limited to, injunction. The court | ||||||
26 | may
grant appropriate relief upon the finding that such clear |
| |||||||
| |||||||
1 | and present danger
exists.
An unfair practice or other evidence | ||||||
2 | of lack of clean hands by the educational
employer is a defense | ||||||
3 | to such action. Except as provided for in this
paragraph, the | ||||||
4 | jurisdiction of the court under this Section is limited by the
| ||||||
5 | Labor Dispute Act.
| ||||||
6 | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | ||||||
7 | eff. 1-1-14.)
| ||||||
8 | (115 ILCS 5/17.1) (from Ch. 48, par. 1717.1)
| ||||||
9 | Sec. 17.1. Precedents established by other labor boards. | ||||||
10 | Unless
contradicted by administrative precedent previously | ||||||
11 | established by the
Board, all final decisions in representation | ||||||
12 | and unfair labor practice
cases decided by the Department of | ||||||
13 | Labor, the State or Local Panel of the Illinois Labor Relations
| ||||||
14 | Board or their predecessors, the Illinois State Labor Relations | ||||||
15 | Board and the
Illinois Local Labor Relations Board previously | ||||||
16 | created under the Illinois
Public Labor Relations Act, which | ||||||
17 | have not been reversed by subsequent
court rulings shall be | ||||||
18 | considered, but need not be followed, by the
Board.
| ||||||
19 | (Source: P.A. 91-798, eff. 7-9-00.)
| ||||||
20 | (115 ILCS 5/5 rep.)
| ||||||
21 | Section 40. The Illinois Educational Labor Relations Act is | ||||||
22 | amended by repealing Section 5.
| ||||||
23 | Section 45. The Attorney Act is amended by changing Section |
| |||||||
| |||||||
1 | 1 as follows:
| ||||||
2 | (705 ILCS 205/1) (from Ch. 13, par. 1)
| ||||||
3 | Sec. 1. No person shall be permitted to practice as an | ||||||
4 | attorney or
counselor at law within this State without having | ||||||
5 | previously obtained a
license for that purpose from the Supreme | ||||||
6 | Court of this State.
| ||||||
7 | No person shall receive any compensation directly or | ||||||
8 | indirectly for any
legal services other than a regularly | ||||||
9 | licensed attorney, nor may an unlicensed person advertise or | ||||||
10 | hold himself or herself out to provide legal services.
| ||||||
11 | A license, as provided for herein, constitutes the person | ||||||
12 | receiving the
same an attorney and counselor at law, according | ||||||
13 | to the law and customs
thereof, for and during his good | ||||||
14 | behavior in the practice and authorizes
him to demand and | ||||||
15 | receive fees for any services which he may render as an
| ||||||
16 | attorney and counselor at law in this State.
No person shall be | ||||||
17 | granted a license or renewal authorized by this Act who is
more | ||||||
18 | than 30 days delinquent in complying with a child support | ||||||
19 | order; a license
or renewal may be issued, however, if the | ||||||
20 | person has
established a satisfactory repayment record as | ||||||
21 | determined (i) by the Department of Healthcare and Family | ||||||
22 | Services (formerly Illinois
Department of Public Aid) for cases | ||||||
23 | being enforced under Article X of the
Illinois Public Aid Code | ||||||
24 | or (ii) in all other cases by order of court or by
written | ||||||
25 | agreement between the custodial parent and non-custodial |
| |||||||
| |||||||
1 | parent.
No person shall be refused a license under this Act on | ||||||
2 | account of sex.
| ||||||
3 | Any person practicing, charging or receiving fees for legal | ||||||
4 | services
or advertising or holding himself or herself out to | ||||||
5 | provide legal services within this State, either directly or | ||||||
6 | indirectly, without being licensed to
practice as herein | ||||||
7 | required, is guilty of contempt of court and shall be
punished | ||||||
8 | accordingly, upon complaint being filed in any Circuit Court of
| ||||||
9 | this State. The remedies available include, but are not limited | ||||||
10 | to: (i) appropriate equitable relief; (ii) a civil penalty not | ||||||
11 | to exceed $5,000, which shall be paid to the Illinois Equal | ||||||
12 | Justice Foundation; and (iii) actual damages. Such proceedings | ||||||
13 | shall be conducted in the Courts of the
respective counties | ||||||
14 | where the alleged contempt has been committed in the
same | ||||||
15 | manner as in cases of indirect contempt and with the right of | ||||||
16 | review
by the parties thereto.
| ||||||
17 | The provisions of this Act shall be in addition to other | ||||||
18 | remedies
permitted by law and shall not be construed to deprive | ||||||
19 | courts of this State
of their inherent right to punish for | ||||||
20 | contempt or to restrain the
unauthorized practice of law.
| ||||||
21 | Nothing in this Act shall be construed to conflict with, | ||||||
22 | amend, or modify Section 5 of the Corporation Practice of Law | ||||||
23 | Prohibition Act or prohibit representation of a
party by a | ||||||
24 | person who is not an attorney in a proceeding before either | ||||||
25 | panel
of the Department of Labor Illinois Labor Relations Board | ||||||
26 | under the Illinois Public Labor Relations Act or , as now or
|
| |||||||
| |||||||
1 | hereafter amended, the Illinois Educational Labor Relations | ||||||
2 | Board under the
Illinois Educational Labor Relations Act, as | ||||||
3 | now or hereafter amended, the
State Civil Service Commission, | ||||||
4 | the local Civil Service Commissions, or the
University Civil | ||||||
5 | Service Merit Board, to the extent allowed pursuant to
rules | ||||||
6 | and regulations promulgated by those Boards and Commissions or | ||||||
7 | the giving of information, training, or advocacy or assistance | ||||||
8 | in any meetings or administrative proceedings held pursuant to | ||||||
9 | the federal Individuals with Disabilities Education Act, the | ||||||
10 | federal Rehabilitation Act of 1973, the federal Americans with | ||||||
11 | Disabilities Act of 1990, or the federal Social Security Act, | ||||||
12 | to the extent allowed by those laws or the federal regulations | ||||||
13 | or State statutes implementing those laws.
| ||||||
14 | (Source: P.A. 100-872, eff. 8-14-18.)
| ||||||
15 | Section 50. The Code of Civil Procedure is amended by | ||||||
16 | changing Sections 2-417 and 3-104 as follows:
| ||||||
17 | (735 ILCS 5/2-417) (from Ch. 110, par. 2-417)
| ||||||
18 | Sec. 2-417. Actions under Illinois Educational Labor | ||||||
19 | Relations Act.
Whenever the Department of Labor Illinois | ||||||
20 | Educational Labor Relations Board commences an action
under | ||||||
21 | subsection (b) of Section 16 of the Illinois Educational Labor
| ||||||
22 | Relations Act seeking to enforce a final order of the Board or | ||||||
23 | alleging a
violation of a final order, such action shall be | ||||||
24 | commenced by petition
filed in the name of the people of the |
| |||||||
| |||||||
1 | State of Illinois as Petitioner and
any persons charged with | ||||||
2 | alleged violation of such final order shall be
designated | ||||||
3 | Respondents. Persons charged with alleged violation of such
| ||||||
4 | final order may not raise as defenses in such action any | ||||||
5 | matters that such
persons could have raised by initiating | ||||||
6 | judicial review of such final order
in accordance with | ||||||
7 | subsection (a) of Section 16 of the Illinois Educational
Labor | ||||||
8 | Relations Act and Section 3-104 of the Administrative Review | ||||||
9 | Law.
| ||||||
10 | (Source: P.A. 84-123.)
| ||||||
11 | (735 ILCS 5/3-104) (from Ch. 110, par. 3-104)
| ||||||
12 | Sec. 3-104. Jurisdiction and venue. Jurisdiction to review | ||||||
13 | final
administrative decisions is vested in the Circuit Courts, | ||||||
14 | except as to a
final order of the Illinois Educational Labor | ||||||
15 | Relations Board , or its successor, in which case
jurisdiction | ||||||
16 | to review a final order is vested in the Appellate Court of a
| ||||||
17 | judicial district in which the Board maintains an office. If | ||||||
18 | the venue of
the action to review a final administrative | ||||||
19 | decision is expressly
prescribed in the particular statute | ||||||
20 | under authority of which the decision
was made, such venue | ||||||
21 | shall control, but if the venue is not so prescribed,
an action | ||||||
22 | to review a final administrative decision may be commenced in | ||||||
23 | the
Circuit Court of any county in which (1) any part of the | ||||||
24 | hearing or
proceeding culminating in the decision of the | ||||||
25 | administrative agency was
held, or (2) any part of the subject |
| |||||||
| |||||||
1 | matter involved is situated, or (3)
any part of the transaction | ||||||
2 | which gave rise to the proceedings before the
agency occurred. | ||||||
3 | The court first acquiring jurisdiction of any action to
review | ||||||
4 | a final administrative decision shall have and retain | ||||||
5 | jurisdiction
of the action until final disposition of the | ||||||
6 | action.
| ||||||
7 | (Source: P.A. 88-1.)
| ||||||
8 | Section 55. The Minimum Wage Law is amended by changing | ||||||
9 | Section 4a as follows:
| ||||||
10 | (820 ILCS 105/4a) (from Ch. 48, par. 1004a)
| ||||||
11 | Sec. 4a. (1) Except as otherwise provided in this Section, | ||||||
12 | no employer
shall employ any of his employees for a workweek of | ||||||
13 | more than 40 hours
unless such employee receives compensation | ||||||
14 | for his employment in excess of
the hours above specified at a | ||||||
15 | rate not less than 1 1/2 times the regular
rate at which he is | ||||||
16 | employed.
| ||||||
17 | (2) The provisions of subsection (1) of this Section are | ||||||
18 | not applicable to:
| ||||||
19 | A. Any salesman or mechanic primarily engaged in | ||||||
20 | selling or servicing
automobiles, trucks or farm | ||||||
21 | implements, if he is employed by a nonmanufacturing
| ||||||
22 | establishment primarily engaged in the business of selling | ||||||
23 | such vehicles
or implements to ultimate purchasers.
| ||||||
24 | B. Any salesman primarily engaged in selling trailers, |
| |||||||
| |||||||
1 | boats, or aircraft,
if he is employed by a nonmanufacturing | ||||||
2 | establishment primarily engaged
in the business of selling | ||||||
3 | trailers, boats, or aircraft to ultimate purchasers.
| ||||||
4 | C. Any employer of agricultural labor, with respect to | ||||||
5 | such
agricultural employment.
| ||||||
6 | D. Any employee of a governmental body excluded from | ||||||
7 | the definition of "employee" under paragraph (e)(2)(C) of | ||||||
8 | Section 3 of the Federal Fair Labor Standards Act of 1938.
| ||||||
9 | E. Any employee employed in a bona fide executive, | ||||||
10 | administrative or
professional capacity, including any | ||||||
11 | radio or television announcer, news
editor, or chief | ||||||
12 | engineer, as defined by or covered by the Federal Fair
| ||||||
13 | Labor Standards Act
of 1938 and the rules adopted under
| ||||||
14 | that Act, as both exist on March 30, 2003, but compensated
| ||||||
15 | at the amount of salary specified in subsections (a) and
| ||||||
16 | (b) of Section 541.600 of Title 29 of the Code of Federal
| ||||||
17 | Regulations as proposed in the Federal Register on March
| ||||||
18 | 31, 2003 or a greater amount of salary as may be adopted by
| ||||||
19 | the United States Department of Labor. For bona fide | ||||||
20 | executive,
administrative, and professional employees of | ||||||
21 | not-for-profit corporations,
the Director may, by | ||||||
22 | regulation, adopt a weekly wage rate standard lower
than | ||||||
23 | that provided for executive, administrative, and | ||||||
24 | professional
employees covered under the Fair Labor | ||||||
25 | Standards Act of 1938, as now or
hereafter amended.
| ||||||
26 | F. Any commissioned employee as described in paragraph |
| |||||||
| |||||||
1 | (i) of Section
7 of the Federal Fair Labor Standards Act of | ||||||
2 | 1938 and rules and regulations
promulgated thereunder, as | ||||||
3 | now or hereafter amended.
| ||||||
4 | G. Any employment of an employee in the stead of | ||||||
5 | another employee of the
same employer pursuant to a | ||||||
6 | worktime exchange agreement between employees.
| ||||||
7 | H. Any employee of a not-for-profit educational or | ||||||
8 | residential child care
institution who (a) on a daily basis | ||||||
9 | is directly involved in educating or
caring for children | ||||||
10 | who (1) are orphans, foster children, abused,
neglected or | ||||||
11 | abandoned children, or are otherwise homeless children
and | ||||||
12 | (2) reside in residential facilities of the institution and | ||||||
13 | (b) is
compensated at an annual rate of not less than | ||||||
14 | $13,000 or, if the employee
resides in such facilities and | ||||||
15 | receives without cost board and lodging from
such | ||||||
16 | institution, not less than $10,000.
| ||||||
17 | I. Any employee employed as a crew member of any | ||||||
18 | uninspected towing
vessel, as defined by Section 2101(40) | ||||||
19 | of Title 46 of the United States Code,
operating in any | ||||||
20 | navigable waters in or along the boundaries of the State of
| ||||||
21 | Illinois.
| ||||||
22 | J. Any employee who is a member of a bargaining unit | ||||||
23 | recognized by the Department of Labor under the Illinois | ||||||
24 | Public Labor Relations Act Illinois Labor Relations Board | ||||||
25 | and whose union has contractually agreed to an alternate | ||||||
26 | shift schedule as allowed by subsection (b) of Section 7 of |
| |||||||
| |||||||
1 | the Fair Labor Standards Act of 1938. | ||||||
2 | (3) Any employer may employ any employee for a period or | ||||||
3 | periods of not
more than 10 hours in the aggregate in any | ||||||
4 | workweek in excess of the maximum
hours specified in subsection | ||||||
5 | (1) of this Section without paying the
compensation for | ||||||
6 | overtime employment prescribed in subsection (1) if during
that | ||||||
7 | period or periods the employee is receiving remedial education | ||||||
8 | that:
| ||||||
9 | (a) is provided to employees who lack a high school | ||||||
10 | diploma or educational
attainment at the eighth grade | ||||||
11 | level;
| ||||||
12 | (b) is designed to provide reading and other basic | ||||||
13 | skills at an eighth
grade level or below; and
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14 | (c) does not include job specific training. | ||||||
15 | (4) A governmental body is not in violation of subsection | ||||||
16 | (1) if the governmental body provides compensatory time | ||||||
17 | pursuant to paragraph (o) of Section 7 of the Federal Fair | ||||||
18 | Labor Standards Act of 1938, as now or hereafter amended, or is | ||||||
19 | engaged in fire protection or law enforcement activities and | ||||||
20 | meets the requirements of paragraph (k) of Section 7 or | ||||||
21 | paragraph (b)(20) of Section 13 of the Federal Fair Labor | ||||||
22 | Standards Act of 1938, as now or hereafter amended.
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23 | (Source: P.A. 99-17, eff. 1-1-16 .)
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24 | Section 99. Effective date. This Act takes effect July 1, | ||||||
25 | 2020.".
|