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Sen. Dale A. Righter
Filed: 5/7/2019
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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 .
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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.
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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
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8 | | authorized access to information relating to the effectuation
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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.
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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.
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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
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23 | | employees in an appropriate bargaining unit in accordance with |
24 | | the procedures
contained in this Act, (ii) historically
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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
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4 | | employer upon evidence, acceptable to the Board, that the labor
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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
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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
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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
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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 |
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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).
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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;
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26 | | confidential employees; independent contractors; and |
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1 | | supervisors except as
provided in this Act.
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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/).
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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, |
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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 |
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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) |
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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, |
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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, |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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.
|
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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)
|
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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 |
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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
|
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|
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
|
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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 |
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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
|
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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|
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.
|
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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 |
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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 |
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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 |
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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
|
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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.
|
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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.
|
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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 |
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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 |
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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).
|
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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 |
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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
|
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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 |
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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 |
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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 |
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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.
|
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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 |
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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 |
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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
|
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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 |
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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 |
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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 |
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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.
|
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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 |
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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 |
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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
|
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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 |
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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 |
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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 |
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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, |
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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 |
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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 |
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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 |
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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 |
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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
|
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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 |
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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 |
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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 |
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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 |
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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
|
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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 |
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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 |
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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, |
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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 |
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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 |
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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
|
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.
|
23 | | (Source: P.A. 99-17, eff. 1-1-16 .)
|
24 | | Section 99. Effective date. This Act takes effect July 1, |
25 | | 2020.".
|