093_HB3405enr

 
HB3405 Enrolled                      LRB093 05262 NHT 05350 b

 1        AN ACT concerning education.

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

 4        Section 3.  The Property Tax Code is amended by  changing
 5    Section 18-241 as follows:

 6        (35 ILCS 200/18-241)
 7        Sec. 18-241. School Finance Authority.
 8        (a)  A School Finance Authority established under Article
 9    1E  or  1F  of the School Code shall not be a taxing district
10    for purposes of this Law.
11        (b)  This Law shall not apply to the extension  of  taxes
12    for  a  school  district  for the levy year in which a School
13    Finance Authority for the district  is  created  pursuant  to
14    Article 1E or 1F of the School Code.
15    (Source: P.A. 92-547, eff. 6-13-02.)

16        Section  5.  The Illinois Educational Labor Relations Act
17    is amended by changing Section 2 as follows:

18        (115 ILCS 5/2) (from Ch. 48, par. 1702)
19        Sec. 2.  Definitions. As used in this Act:
20        (a)  "Educational  employer"  or  "employer"  means   the
21    governing  body  of  a public school district, combination of
22    public school districts,  including  the  governing  body  of
23    joint  agreements  of  any  type  formed  by 2 or more school
24    districts, public community college district or State college
25    or university, and any State agency whose major  function  is
26    providing  educational  services.  "Educational  employer" or
27    "employer" does  not  include  a  Financial  Oversight  Panel
28    created  pursuant to Section 1A-8 of the School Code due to a
29    district violating a financial plan but does include a School
 
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 1    Finance Authority created under  Article  1E  or  1F  of  the
 2    School Code.
 3        (b)  "Educational   employee"  or  "employee"  means  any
 4    individual, excluding supervisors, managerial,  confidential,
 5    short   term   employees,  student,  and  part-time  academic
 6    employees of community colleges employed full or part time by
 7    an  educational  employer,  but  shall  not  include  elected
 8    officials and appointees of the Governor with the advice  and
 9    consent  of the Senate, firefighters as defined by subsection
10    (g-1) of Section 3 of the  Illinois  Public  Labor  Relations
11    Act,  and peace officers employed by a State university.  For
12    the purposes of this Act,  part-time  academic  employees  of
13    community  colleges  shall  be defined as those employees who
14    provide less than 6 credit hours of instruction per  academic
15    semester.
16        (c)  "Employee   organization"  or  "labor  organization"
17    means  an  organization  of  any  kind  in  which  membership
18    includes educational employees,  and  which  exists  for  the
19    purpose,  in  whole  or  in  part,  of dealing with employers
20    concerning  grievances,  employee-employer  disputes,  wages,
21    rates of pay, hours of employment, or conditions of work, but
22    shall  not   include   any   organization   which   practices
23    discrimination  in  membership because of race, color, creed,
24    age, gender, national origin or political affiliation.
25        (d)  "Exclusive   representative"   means    the    labor
26    organization  which  has  been  designated  by  the  Illinois
27    Educational  Labor  Relations  Board as the representative of
28    the majority of educational employees in an appropriate unit,
29    or recognized by an educational employer prior to January  1,
30    1984  as  the exclusive representative of the employees in an
31    appropriate unit or, after January 1, 1984, recognized by  an
32    employer  upon  evidence  that  the employee organization has
33    been designated as the exclusive representative by a majority
34    of the employees in an appropriate unit.
 
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 1        (e)  "Board"  means  the   Illinois   Educational   Labor
 2    Relations Board.
 3        (f)  "Regional   Superintendent"   means   the   regional
 4    superintendent  of  schools provided for in Articles 3 and 3A
 5    of The School Code.
 6        (g)  "Supervisor" means any individual  having  authority
 7    in  the interests of the employer to hire, transfer, suspend,
 8    lay off, recall, promote,  discharge,  reward  or  discipline
 9    other  employees  within  the appropriate bargaining unit and
10    adjust their grievances, or  to  effectively  recommend  such
11    action  if  the exercise of such authority is not of a merely
12    routine  or  clerical  nature  but  requires   the   use   of
13    independent  judgment.   The  term "supervisor" includes only
14    those  individuals  who  devote  a  preponderance  of   their
15    employment time to such exercising authority.
16        (h)  "Unfair  labor  practice" or "unfair practice" means
17    any practice prohibited by Section 14 of this Act.
18        (i)  "Person"   includes   an   individual,   educational
19    employee,  educational  employer,  legal  representative,  or
20    employee organization.
21        (j)  "Wages"   means   salaries   or   other   forms   of
22    compensation for services rendered.
23        (k)  "Professional employee" means,  in  the  case  of  a
24    public  community college, State college or university, State
25    agency  whose  major  function   is   providing   educational
26    services,  the Illinois School for the Deaf, and the Illinois
27    School for the Visually Impaired, (1) any employee engaged in
28    work (i) predominantly intellectual and varied  in  character
29    as opposed to routine mental, manual, mechanical, or physical
30    work;  (ii)  involving  the consistent exercise of discretion
31    and judgment in its performance; (iii) of such character that
32    the output produced or  the  result  accomplished  cannot  be
33    standardized  in relation to a given period of time; and (iv)
34    requiring knowledge of an advanced type in a field of science
 
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 1    or learning customarily acquired by  a  prolonged  course  of
 2    specialized   intellectual   instruction   and  study  in  an
 3    institution  of   higher   learning   or   a   hospital,   as
 4    distinguished  from  a  general academic education or from an
 5    apprenticeship or from training in the performance of routine
 6    mental, manual, or physical processes; or (2)  any  employee,
 7    who (i) has completed the courses of specialized intellectual
 8    instruction  and  study described in clause (iv) of paragraph
 9    (1) of this subsection, and (ii) is performing  related  work
10    under  the  supervision  of  a professional person to qualify
11    himself or herself to become a  professional  as  defined  in
12    paragraph (l).
13        (l)  "Professional  employee"  means,  in the case of any
14    public school district, or combination  of  school  districts
15    pursuant   to   joint  agreement,  any  employee  who  has  a
16    certificate issued under Article 21 or Section 34-83  of  the
17    School Code, as now or hereafter amended.
18        (m)  "Unit"  or  "bargaining  unit"  means  any  group of
19    employees for which an exclusive representative is selected.
20        (n)  "Confidential employee" means an employee,  who  (i)
21    in  the regular course of his or her duties, assists and acts
22    in  a  confidential  capacity  to  persons   who   formulate,
23    determine  and  effectuate management policies with regard to
24    labor relations or who (ii) in the regular course of  his  or
25    her   duties  has  access  to  information  relating  to  the
26    effectuation  or  review   of   the   employer's   collective
27    bargaining policies.
28        (o)  "Managerial  employee"  means  an  individual who is
29    engaged predominantly in executive and  management  functions
30    and  is  charged  with  the  responsibility  of directing the
31    effectuation of such management policies and practices.
32        (p)  "Craft employee" means a skilled  journeyman,  craft
33    person, and his or her apprentice or helper.
34        (q)  "Short-term employee" is an employee who is employed
 
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 1    for  less  than  2  consecutive  calendar  quarters  during a
 2    calendar year and who does not have a reasonable  expectation
 3    that  he  or she will be rehired by the same employer for the
 4    same service in a subsequent calendar year.  Nothing in  this
 5    subsection  shall  affect  the employee status of individuals
 6    who were covered by a collective bargaining agreement on  the
 7    effective date of this amendatory Act of 1991.
 8    (Source:  P.A.  92-547,  eff.  6-13-02;  92-748, eff. 1-1-03;
 9    revised 8-26-02.)

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