Sen. Christine Radogno

Filed: 5/22/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1046

2    AMENDMENT NO. ______. Amend Senate Bill 1046 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1. LEGISLATIVE FINDINGS.

 
5    Section 1-1. Short title. This Act may be cited as the
6Local Government Taxpayer Protection Act of 2015.
 
7    Section 1-5. Legislative intent. As of 2015, Illinois
8taxpayers are paying the second highest median property taxes
9in the United States. While property taxes are a critical
10source of revenue for units of local government, school
11districts, and other local governmental entities, the high
12property tax burden hinders economic growth. The General
13Assembly finds that freezing property tax extensions until
14voters, acting by referendum, approve an increase in the tax
15extension will return control of local tax and spending policy

 

 

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1to voters and, as property values begin to grow, reduce
2property tax rates.
3    To ensure that units of local government, school districts,
4and other governmental entities that depend upon property tax
5revenue are able to continue providing critical services to
6their residents notwithstanding this property tax freeze, the
7General Assembly further finds that it is necessary to reduce
8the State-imposed mandates on local governments that have
9increased the cost of providing these services. These mandates
10include the following:
11        (1) According to the United States Census Bureau's 2012
12    report on state and local government finance, employee
13    wages and benefits are the largest operational expense of
14    local governments in Illinois. Although the Illinois
15    Public Labor Relations Act and the Illinois Educational
16    Labor Relations Act are intended to afford local
17    governments with discretion over their budgets, employee
18    costs remain a significant expense. The changes made by
19    this amendatory Act of the 99th General Assembly to the
20    Illinois Public Labor Relations Act and the Illinois
21    Educational Labor Relations Act are intended to empower
22    local governments to contain these costs.
23        (2) Despite critical infrastructure and capital needs,
24    the cost of capital projects is often higher for local
25    governments than for the private sector. In particular,
26    labor costs are higher due to the State's mandated

 

 

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1    prevailing wage, which often exceeds the wage required for
2    federally funded projects and the wage that actually
3    prevails in the market, and the use of project labor
4    agreements.
5    The purpose of this amendatory Act of the 99th General
6Assembly is to alleviate the property tax burden. To offset the
7property tax freeze, it is necessary to reduce labor and
8capital costs incurred by units of local government, school
9districts, and other local governmental entities as a result of
10State mandates.
 
11
ARTICLE 5. AMENDATORY PROVISIONS

 
12    Section 5-5. The Illinois Public Labor Relations Act is
13amended by changing Section 4 and by adding Section 4.5 as
14follows:
 
15    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
16    Sec. 4. Management rights.
17    (a) Employers shall not be required to bargain over matters
18of inherent managerial policy, which shall include such areas
19of discretion or policy as the functions of the employer,
20standards of services, its overall budget, the organizational
21structure and selection of new employees, examination
22techniques and direction of employees. Employers, however,
23shall be required to bargain collectively with regard to policy

 

 

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1matters directly affecting wages, hours and terms and
2conditions of employment as well as the impact thereon upon
3request by employee representatives, except as provided in this
4Section or Section 7.5.
5    To preserve the rights of employers and exclusive
6representatives which have established collective bargaining
7relationships or negotiated collective bargaining agreements
8prior to the effective date of this Act, employers shall be
9required to bargain collectively with regard to any matter
10concerning wages, hours or conditions of employment about which
11they have bargained for and agreed to in a collective
12bargaining agreement prior to the effective date of this Act,
13except as provided in this Section or Section 7.5.
14    The chief judge of the judicial circuit that employs a
15public employee who is a court reporter, as defined in the
16Court Reporters Act, has the authority to hire, appoint,
17promote, evaluate, discipline, and discharge court reporters
18within that judicial circuit.
19    Nothing in this amendatory Act of the 94th General Assembly
20shall be construed to intrude upon the judicial functions of
21any court. This amendatory Act of the 94th General Assembly
22applies only to nonjudicial administrative matters relating to
23the collective bargaining rights of court reporters.
24    (b) In any unit of local government or school district to
25which this subsection applies, as provided in Section 4.5 of
26this Act, public employees or a labor organization may not

 

 

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1bargain collectively on:
2        (1) the decision of the employer to contract with a
3    third party for any services, the process for bidding on
4    such a contract, the identity of the provider of such
5    services, or the effect of any such contract on bargaining
6    unit members, provided that this subsection does not limit
7    the ability of employees or a labor organization to bid on
8    any such contract;
9        (2) any pay increase, either through changes to the pay
10    schedule or as a result of accumulated years of service, in
11    excess of the amount specified by ordinance or resolution
12    of the governing authority of the public employer;
13        (3) the provision of any health insurance, including
14    the payment of premiums, the extent of coverage, or the
15    identity of the insurer;
16        (4) the use of employee time for business of the labor
17    organization, other than reasonable time provided to an
18    employee to attend a grievance hearing when his or her
19    rights are substantially affected by the hearing or his or
20    her testimony is needed for the determination of any
21    substantial factual question;
22        (5) required levels of staffing for departments,
23    divisions, shifts, stations, or assignments; or
24        (6) procedures, processes, forms, and criteria for
25    personnel evaluations, or the use of evaluations or
26    seniority in assignments, promotions, layoffs, and

 

 

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1    reductions-in-force.
2    (c) Any agreement, understanding, or practice, whether
3written or oral, and whether express or implied, between any
4labor organization and any public employer made in violation of
5this Section is hereby declared to be unlawful, null and void,
6and of no legal effect.
7(Source: P.A. 98-599, eff. 6-1-14.)
 
8    (5 ILCS 315/4.5 new)
9    Sec. 4.5. Adoption of limitations on subjects of collective
10bargaining.
11    (a) The county board or board of county commissioners of a
12county may by ordinance elect to apply the limitations under
13subsection (b) of Section 4 to bargaining with that county and
14with any other public employer whose boundaries are entirely
15within that county.
16    (b) The corporate authorities of a municipality may by
17ordinance elect to apply the limitations under subsection (b)
18of Section 4 to bargaining with that municipality and with any
19other public employer whose boundaries are entirely within that
20municipality.
21    (c) The governing authority of a unit of local government
22or school district, including a county or municipality, may by
23ordinance or resolution elect to apply the limitations under
24subsection (b) of Section 4 to bargaining with that unit of
25local government or school district.

 

 

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1    (d) If a petition, signed by a number of registered voters
2equal in number to at least 5% of the total number of
3registered voters in a county or municipality, asking to apply
4the limitations under subsection (b) of Section 4 to collective
5bargaining in that county or municipality is presented to the
6clerk of that county or municipality, the clerk shall certify
7the question of whether to apply such limitations in that
8county or municipality to the proper election authority, who
9shall submit the question at the next election in accordance
10with the general election law.
11    The question of whether to apply the limitations under
12subsection (b) of Section 4 shall be presented in substantially
13the following form:
14        Shall each unit of local government and school district
15    located within (legal name of the county or municipality)
16    be free to determine certain matters without negotiating
17    with employee unions, such as the use of service providers,
18    the decision to provide health benefits, caps on total
19    payroll, employees' use of government time for union
20    matters, required staffing levels, evaluation procedures,
21    and, in the case of schools, curriculum?
22    The votes must be recorded as "Yes" or "No". If a majority
23of voters voting on the question are in favor of applying such
24limitations, subsection (b) of Section 4 shall apply to
25bargaining with that county or municipality and with any other
26public employer whose boundaries are entirely within that

 

 

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1county or municipality.
2    (e) If a petition, signed by a number of registered voters
3equal in number to at least 5% of the total number of
4registered voters in a unit of local government or school
5district, asking to apply the limitations under subsection (b)
6of Section 4 to collective bargaining with that unit of local
7government or school district is presented to the clerk of that
8unit of local government or school district, the clerk shall
9certify the question of whether to apply such limitations to
10that unit of local government or school district to the proper
11election authority, who shall submit the question at the next
12election in accordance with the general election law.
13    The question of whether to apply the limitations under
14subsection (b) of Section 4 shall be presented in substantially
15the following form:
16        Shall (the legal name of the unit of local government
17    or school district) be free to determine certain matters
18    without negotiating with employee unions, such as the use
19    of service providers, the decision to provide health
20    benefits, caps on total payroll, employees' use of
21    government time for union matters, required staffing
22    levels, evaluation procedures, and, in the case of schools,
23    curriculum?
24    The votes must be recorded as "Yes" or "No". If a majority
25of voters voting on the question are in favor of applying such
26limitations, subsection (b) of Section 4 shall apply to

 

 

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1bargaining with that unit of local government or school
2district.
 
3    Section 5-10. The Property Tax Code is amended by changing
4Sections 18-185, 18-205, 18-213, and 18-214 and by adding
5Section 18-242 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5 may
8be cited as the Property Tax Extension Limitation Law. As used
9in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation", for levy years prior to 2016, means
14(a) the lesser of 5% or the percentage increase in the Consumer
15Price Index during the 12-month calendar year preceding the
16levy year or (b) the rate of increase approved by voters under
17Section 18-205.
18    "Extension limitation", beginning in levy year 2016, means
190% or the rate of increase approved by the voters under Section
2018-205.
21    "Affected county" means a county of 3,000,000 or more
22inhabitants or a county contiguous to a county of 3,000,000 or
23more inhabitants.
24    "Taxing district" has the same meaning provided in Section

 

 

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11-150, except as otherwise provided in this Section. For the
21991 through 1994 levy years only, "taxing district" includes
3only each non-home rule taxing district having the majority of
4its 1990 equalized assessed value within any county or counties
5contiguous to a county with 3,000,000 or more inhabitants.
6Beginning with the 1995 levy year and through the 2015 levy
7year, "taxing district" includes only each non-home rule taxing
8district subject to this Law before the 1995 levy year and each
9non-home rule taxing district not subject to this Law before
10the 1995 levy year having the majority of its 1994 equalized
11assessed value in an affected county or counties. Beginning
12with the levy year in which this Law becomes applicable to a
13taxing district as provided in Section 18-213, "taxing
14district" also includes those taxing districts made subject to
15this Law as provided in Section 18-213. Beginning with the 2016
16levy year, "taxing district" means each unit of local
17government, school district, or community college district in
18the State with the power to levy taxes, including, but not
19limited to, home rule units and taxing districts that were not
20subject to this Law prior to the effective date of this
21amendatory Act of the 99th General Assembly.
22    "Aggregate extension" for taxing districts to which this
23Law applied before the 1995 levy year means the annual
24corporate extension for the taxing district and those special
25purpose extensions that are made annually for the taxing
26district, excluding special purpose extensions: (a) made for

 

 

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1the taxing district to pay interest or principal on general
2obligation bonds that were approved by referendum; (b) made for
3any taxing district to pay interest or principal on general
4obligation bonds issued before October 1, 1991; (c) made for
5any taxing district to pay interest or principal on bonds
6issued to refund or continue to refund those bonds issued
7before October 1, 1991; (d) made for any taxing district to pay
8interest or principal on bonds issued to refund or continue to
9refund bonds issued after October 1, 1991 that were approved by
10referendum; (e) made for any taxing district to pay interest or
11principal on revenue bonds issued before October 1, 1991 for
12payment of which a property tax levy or the full faith and
13credit of the unit of local government is pledged; however, a
14tax for the payment of interest or principal on those bonds
15shall be made only after the governing body of the unit of
16local government finds that all other sources for payment are
17insufficient to make those payments; (f) made for payments
18under a building commission lease when the lease payments are
19for the retirement of bonds issued by the commission before
20October 1, 1991, to pay for the building project; (g) made for
21payments due under installment contracts entered into before
22October 1, 1991; (h) made for payments of principal and
23interest on bonds issued under the Metropolitan Water
24Reclamation District Act to finance construction projects
25initiated before October 1, 1991; (i) made for payments of
26principal and interest on limited bonds, as defined in Section

 

 

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13 of the Local Government Debt Reform Act, in an amount not to
2exceed the debt service extension base less the amount in items
3(b), (c), (e), and (h) of this definition for non-referendum
4obligations, except obligations initially issued pursuant to
5referendum; (j) made for payments of principal and interest on
6bonds issued under Section 15 of the Local Government Debt
7Reform Act; (k) made by a school district that participates in
8the Special Education District of Lake County, created by
9special education joint agreement under Section 10-22.31 of the
10School Code, for payment of the school district's share of the
11amounts required to be contributed by the Special Education
12District of Lake County to the Illinois Municipal Retirement
13Fund under Article 7 of the Illinois Pension Code; the amount
14of any extension under this item (k) shall be certified by the
15school district to the county clerk; (l) made to fund expenses
16of providing joint recreational programs for the handicapped
17under Section 5-8 of the Park District Code or Section 11-95-14
18of the Illinois Municipal Code; (m) made for temporary
19relocation loan repayment purposes pursuant to Sections 2-3.77
20and 17-2.2d of the School Code; (n) made for payment of
21principal and interest on any bonds issued under the authority
22of Section 17-2.2d of the School Code; (o) made for
23contributions to a firefighter's pension fund created under
24Article 4 of the Illinois Pension Code, to the extent of the
25amount certified under item (5) of Section 4-134 of the
26Illinois Pension Code; and (p) made for road purposes in the

 

 

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1first year after a township assumes the rights, powers, duties,
2assets, property, liabilities, obligations, and
3responsibilities of a road district abolished under the
4provisions of Section 6-133 of the Illinois Highway Code.
5    "Aggregate extension" for the taxing districts to which
6this Law did not apply before the 1995 levy year (except taxing
7districts subject to this Law in accordance with Section 18-213
8or this amendatory Act of the 99th General Assembly) means the
9annual corporate extension for the taxing district and those
10special purpose extensions that are made annually for the
11taxing district, excluding special purpose extensions: (a)
12made for the taxing district to pay interest or principal on
13general obligation bonds that were approved by referendum; (b)
14made for any taxing district to pay interest or principal on
15general obligation bonds issued before March 1, 1995; (c) made
16for any taxing district to pay interest or principal on bonds
17issued to refund or continue to refund those bonds issued
18before March 1, 1995; (d) made for any taxing district to pay
19interest or principal on bonds issued to refund or continue to
20refund bonds issued after March 1, 1995 that were approved by
21referendum; (e) made for any taxing district to pay interest or
22principal on revenue bonds issued before March 1, 1995 for
23payment of which a property tax levy or the full faith and
24credit of the unit of local government is pledged; however, a
25tax for the payment of interest or principal on those bonds
26shall be made only after the governing body of the unit of

 

 

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1local government finds that all other sources for payment are
2insufficient to make those payments; (f) made for payments
3under a building commission lease when the lease payments are
4for the retirement of bonds issued by the commission before
5March 1, 1995 to pay for the building project; (g) made for
6payments due under installment contracts entered into before
7March 1, 1995; (h) made for payments of principal and interest
8on bonds issued under the Metropolitan Water Reclamation
9District Act to finance construction projects initiated before
10October 1, 1991; (h-4) made for stormwater management purposes
11by the Metropolitan Water Reclamation District of Greater
12Chicago under Section 12 of the Metropolitan Water Reclamation
13District Act; (i) made for payments of principal and interest
14on limited bonds, as defined in Section 3 of the Local
15Government Debt Reform Act, in an amount not to exceed the debt
16service extension base less the amount in items (b), (c), and
17(e) of this definition for non-referendum obligations, except
18obligations initially issued pursuant to referendum and bonds
19described in subsection (h) of this definition; (j) made for
20payments of principal and interest on bonds issued under
21Section 15 of the Local Government Debt Reform Act; (k) made
22for payments of principal and interest on bonds authorized by
23Public Act 88-503 and issued under Section 20a of the Chicago
24Park District Act for aquarium or museum projects; (l) made for
25payments of principal and interest on bonds authorized by
26Public Act 87-1191 or 93-601 and (i) issued pursuant to Section

 

 

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121.2 of the Cook County Forest Preserve District Act, (ii)
2issued under Section 42 of the Cook County Forest Preserve
3District Act for zoological park projects, or (iii) issued
4under Section 44.1 of the Cook County Forest Preserve District
5Act for botanical gardens projects; (m) made pursuant to
6Section 34-53.5 of the School Code, whether levied annually or
7not; (n) made to fund expenses of providing joint recreational
8programs for the handicapped under Section 5-8 of the Park
9District Code or Section 11-95-14 of the Illinois Municipal
10Code; (o) made by the Chicago Park District for recreational
11programs for the handicapped under subsection (c) of Section
127.06 of the Chicago Park District Act; (p) made for
13contributions to a firefighter's pension fund created under
14Article 4 of the Illinois Pension Code, to the extent of the
15amount certified under item (5) of Section 4-134 of the
16Illinois Pension Code; and (q) made by Ford Heights School
17District 169 under Section 17-9.02 of the School Code.
18    "Aggregate extension" for all taxing districts to which
19this Law applies in accordance with Section 18-213, except for
20those taxing districts subject to paragraph (2) of subsection
21(e) of Section 18-213, means the annual corporate extension for
22the taxing district and those special purpose extensions that
23are made annually for the taxing district, excluding special
24purpose extensions: (a) made for the taxing district to pay
25interest or principal on general obligation bonds that were
26approved by referendum; (b) made for any taxing district to pay

 

 

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1interest or principal on general obligation bonds issued before
2the date on which the referendum making this Law applicable to
3the taxing district is held; (c) made for any taxing district
4to pay interest or principal on bonds issued to refund or
5continue to refund those bonds issued before the date on which
6the referendum making this Law applicable to the taxing
7district is held; (d) made for any taxing district to pay
8interest or principal on bonds issued to refund or continue to
9refund bonds issued after the date on which the referendum
10making this Law applicable to the taxing district is held if
11the bonds were approved by referendum after the date on which
12the referendum making this Law applicable to the taxing
13district is held; (e) made for any taxing district to pay
14interest or principal on revenue bonds issued before the date
15on which the referendum making this Law applicable to the
16taxing district is held for payment of which a property tax
17levy or the full faith and credit of the unit of local
18government is pledged; however, a tax for the payment of
19interest or principal on those bonds shall be made only after
20the governing body of the unit of local government finds that
21all other sources for payment are insufficient to make those
22payments; (f) made for payments under a building commission
23lease when the lease payments are for the retirement of bonds
24issued by the commission before the date on which the
25referendum making this Law applicable to the taxing district is
26held to pay for the building project; (g) made for payments due

 

 

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1under installment contracts entered into before the date on
2which the referendum making this Law applicable to the taxing
3district is held; (h) made for payments of principal and
4interest on limited bonds, as defined in Section 3 of the Local
5Government Debt Reform Act, in an amount not to exceed the debt
6service extension base less the amount in items (b), (c), and
7(e) of this definition for non-referendum obligations, except
8obligations initially issued pursuant to referendum; (i) made
9for payments of principal and interest on bonds issued under
10Section 15 of the Local Government Debt Reform Act; (j) made
11for a qualified airport authority to pay interest or principal
12on general obligation bonds issued for the purpose of paying
13obligations due under, or financing airport facilities
14required to be acquired, constructed, installed or equipped
15pursuant to, contracts entered into before March 1, 1996 (but
16not including any amendments to such a contract taking effect
17on or after that date); (k) made to fund expenses of providing
18joint recreational programs for the handicapped under Section
195-8 of the Park District Code or Section 11-95-14 of the
20Illinois Municipal Code; (l) made for contributions to a
21firefighter's pension fund created under Article 4 of the
22Illinois Pension Code, to the extent of the amount certified
23under item (5) of Section 4-134 of the Illinois Pension Code;
24and (m) made for the taxing district to pay interest or
25principal on general obligation bonds issued pursuant to
26Section 19-3.10 of the School Code.

 

 

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1    "Aggregate extension" for all taxing districts to which
2this Law applies in accordance with paragraph (2) of subsection
3(e) of Section 18-213 or this amendatory Act of the 99th
4General Assembly means the annual corporate extension for the
5taxing district and those special purpose extensions that are
6made annually for the taxing district, excluding special
7purpose extensions: (a) made for the taxing district to pay
8interest or principal on general obligation bonds that were
9approved by referendum; (b) made for any taxing district to pay
10interest or principal on general obligation bonds issued before
11the effective date of this amendatory Act of 1997; (c) made for
12any taxing district to pay interest or principal on bonds
13issued to refund or continue to refund those bonds issued
14before the effective date of this amendatory Act of 1997; (d)
15made for any taxing district to pay interest or principal on
16bonds issued to refund or continue to refund bonds issued after
17the effective date of this amendatory Act of 1997 if the bonds
18were approved by referendum after the effective date of this
19amendatory Act of 1997; (e) made for any taxing district to pay
20interest or principal on revenue bonds issued before the
21effective date of this amendatory Act of 1997 for payment of
22which a property tax levy or the full faith and credit of the
23unit of local government is pledged; however, a tax for the
24payment of interest or principal on those bonds shall be made
25only after the governing body of the unit of local government
26finds that all other sources for payment are insufficient to

 

 

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1make those payments; (f) made for payments under a building
2commission lease when the lease payments are for the retirement
3of bonds issued by the commission before the effective date of
4this amendatory Act of 1997 to pay for the building project;
5(g) made for payments due under installment contracts entered
6into before the effective date of this amendatory Act of 1997;
7(h) made for payments of principal and interest on limited
8bonds, as defined in Section 3 of the Local Government Debt
9Reform Act, in an amount not to exceed the debt service
10extension base less the amount in items (b), (c), and (e) of
11this definition for non-referendum obligations, except
12obligations initially issued pursuant to referendum; (i) made
13for payments of principal and interest on bonds issued under
14Section 15 of the Local Government Debt Reform Act; (j) made
15for a qualified airport authority to pay interest or principal
16on general obligation bonds issued for the purpose of paying
17obligations due under, or financing airport facilities
18required to be acquired, constructed, installed or equipped
19pursuant to, contracts entered into before March 1, 1996 (but
20not including any amendments to such a contract taking effect
21on or after that date); (k) made to fund expenses of providing
22joint recreational programs for the handicapped under Section
235-8 of the Park District Code or Section 11-95-14 of the
24Illinois Municipal Code; and (l) made for contributions to a
25firefighter's pension fund created under Article 4 of the
26Illinois Pension Code, to the extent of the amount certified

 

 

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1under item (5) of Section 4-134 of the Illinois Pension Code.
2    "Debt service extension base" means an amount equal to that
3portion of the extension for a taxing district for the 1994
4levy year, or for those taxing districts subject to this Law in
5accordance with Section 18-213, except for those subject to
6paragraph (2) of subsection (e) of Section 18-213, for the levy
7year in which the referendum making this Law applicable to the
8taxing district is held, or for those taxing districts subject
9to this Law in accordance with paragraph (2) of subsection (e)
10of Section 18-213 for the 1996 levy year, constituting an
11extension for payment of principal and interest on bonds issued
12by the taxing district without referendum, but not including
13excluded non-referendum bonds. For park districts (i) that were
14first subject to this Law in 1991 or 1995 and (ii) whose
15extension for the 1994 levy year for the payment of principal
16and interest on bonds issued by the park district without
17referendum (but not including excluded non-referendum bonds)
18was less than 51% of the amount for the 1991 levy year
19constituting an extension for payment of principal and interest
20on bonds issued by the park district without referendum (but
21not including excluded non-referendum bonds), "debt service
22extension base" means an amount equal to that portion of the
23extension for the 1991 levy year constituting an extension for
24payment of principal and interest on bonds issued by the park
25district without referendum (but not including excluded
26non-referendum bonds). A debt service extension base

 

 

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1established or increased at any time pursuant to any provision
2of this Law, except Section 18-212, shall be increased each
3year commencing with the later of (i) the 2009 levy year or
4(ii) the first levy year in which this Law becomes applicable
5to the taxing district, by the lesser of 5% or the percentage
6increase in the Consumer Price Index during the 12-month
7calendar year preceding the levy year. The debt service
8extension base may be established or increased as provided
9under Section 18-212. "Excluded non-referendum bonds" means
10(i) bonds authorized by Public Act 88-503 and issued under
11Section 20a of the Chicago Park District Act for aquarium and
12museum projects; (ii) bonds issued under Section 15 of the
13Local Government Debt Reform Act; or (iii) refunding
14obligations issued to refund or to continue to refund
15obligations initially issued pursuant to referendum.
16    "Special purpose extensions" include, but are not limited
17to, extensions for levies made on an annual basis for
18unemployment and workers' compensation, self-insurance,
19contributions to pension plans, and extensions made pursuant to
20Section 6-601 of the Illinois Highway Code for a road
21district's permanent road fund whether levied annually or not.
22The extension for a special service area is not included in the
23aggregate extension.
24    "Aggregate extension base" means the taxing district's
25last preceding aggregate extension as adjusted under Sections
2618-135, 18-215, and 18-230. An adjustment under Section 18-135

 

 

09900SB1046sam001- 22 -LRB099 05357 MLM 36008 a

1shall be made for the 2007 levy year and all subsequent levy
2years whenever one or more counties within which a taxing
3district is located (i) used estimated valuations or rates when
4extending taxes in the taxing district for the last preceding
5levy year that resulted in the over or under extension of
6taxes, or (ii) increased or decreased the tax extension for the
7last preceding levy year as required by Section 18-135(c).
8Whenever an adjustment is required under Section 18-135, the
9aggregate extension base of the taxing district shall be equal
10to the amount that the aggregate extension of the taxing
11district would have been for the last preceding levy year if
12either or both (i) actual, rather than estimated, valuations or
13rates had been used to calculate the extension of taxes for the
14last levy year, or (ii) the tax extension for the last
15preceding levy year had not been adjusted as required by
16subsection (c) of Section 18-135.
17    Notwithstanding any other provision of law, for levy year
182012, the aggregate extension base for West Northfield School
19District No. 31 in Cook County shall be $12,654,592.
20    "Levy year" has the same meaning as "year" under Section
211-155.
22    "New property" means (i) the assessed value, after final
23board of review or board of appeals action, of new improvements
24or additions to existing improvements on any parcel of real
25property that increase the assessed value of that real property
26during the levy year multiplied by the equalization factor

 

 

09900SB1046sam001- 23 -LRB099 05357 MLM 36008 a

1issued by the Department under Section 17-30, (ii) the assessed
2value, after final board of review or board of appeals action,
3of real property not exempt from real estate taxation, which
4real property was exempt from real estate taxation for any
5portion of the immediately preceding levy year, multiplied by
6the equalization factor issued by the Department under Section
717-30, including the assessed value, upon final stabilization
8of occupancy after new construction is complete, of any real
9property located within the boundaries of an otherwise or
10previously exempt military reservation that is intended for
11residential use and owned by or leased to a private corporation
12or other entity, (iii) in counties that classify in accordance
13with Section 4 of Article IX of the Illinois Constitution, an
14incentive property's additional assessed value resulting from
15a scheduled increase in the level of assessment as applied to
16the first year final board of review market value, and (iv) any
17increase in assessed value due to oil or gas production from an
18oil or gas well required to be permitted under the Hydraulic
19Fracturing Regulatory Act that was not produced in or accounted
20for during the previous levy year. In addition, the county
21clerk in a county containing a population of 3,000,000 or more
22shall include in the 1997 recovered tax increment value for any
23school district, any recovered tax increment value that was
24applicable to the 1995 tax year calculations.
25    "Qualified airport authority" means an airport authority
26organized under the Airport Authorities Act and located in a

 

 

09900SB1046sam001- 24 -LRB099 05357 MLM 36008 a

1county bordering on the State of Wisconsin and having a
2population in excess of 200,000 and not greater than 500,000.
3    "Recovered tax increment value" means, except as otherwise
4provided in this paragraph, the amount of the current year's
5equalized assessed value, in the first year after a
6municipality terminates the designation of an area as a
7redevelopment project area previously established under the
8Tax Increment Allocation Development Act in the Illinois
9Municipal Code, previously established under the Industrial
10Jobs Recovery Law in the Illinois Municipal Code, previously
11established under the Economic Development Project Area Tax
12Increment Act of 1995, or previously established under the
13Economic Development Area Tax Increment Allocation Act, of each
14taxable lot, block, tract, or parcel of real property in the
15redevelopment project area over and above the initial equalized
16assessed value of each property in the redevelopment project
17area. For the taxes which are extended for the 1997 levy year,
18the recovered tax increment value for a non-home rule taxing
19district that first became subject to this Law for the 1995
20levy year because a majority of its 1994 equalized assessed
21value was in an affected county or counties shall be increased
22if a municipality terminated the designation of an area in 1993
23as a redevelopment project area previously established under
24the Tax Increment Allocation Development Act in the Illinois
25Municipal Code, previously established under the Industrial
26Jobs Recovery Law in the Illinois Municipal Code, or previously

 

 

09900SB1046sam001- 25 -LRB099 05357 MLM 36008 a

1established under the Economic Development Area Tax Increment
2Allocation Act, by an amount equal to the 1994 equalized
3assessed value of each taxable lot, block, tract, or parcel of
4real property in the redevelopment project area over and above
5the initial equalized assessed value of each property in the
6redevelopment project area. In the first year after a
7municipality removes a taxable lot, block, tract, or parcel of
8real property from a redevelopment project area established
9under the Tax Increment Allocation Development Act in the
10Illinois Municipal Code, the Industrial Jobs Recovery Law in
11the Illinois Municipal Code, or the Economic Development Area
12Tax Increment Allocation Act, "recovered tax increment value"
13means the amount of the current year's equalized assessed value
14of each taxable lot, block, tract, or parcel of real property
15removed from the redevelopment project area over and above the
16initial equalized assessed value of that real property before
17removal from the redevelopment project area.
18    Except as otherwise provided in this Section, "limiting
19rate" means a fraction the numerator of which is the last
20preceding aggregate extension base times an amount equal to one
21plus the extension limitation defined in this Section and the
22denominator of which is the current year's equalized assessed
23value of all real property in the territory under the
24jurisdiction of the taxing district during the prior levy year.
25For those taxing districts that reduced their aggregate
26extension for the last preceding levy year, the highest

 

 

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1aggregate extension in any of the last 3 preceding levy years
2shall be used for the purpose of computing the limiting rate.
3The denominator shall not include new property or the recovered
4tax increment value. If a new rate, a rate decrease, or a
5limiting rate increase has been approved at an election held
6after March 21, 2006, then (i) the otherwise applicable
7limiting rate shall be increased by the amount of the new rate
8or shall be reduced by the amount of the rate decrease, as the
9case may be, or (ii) in the case of a limiting rate increase,
10the limiting rate shall be equal to the rate set forth in the
11proposition approved by the voters for each of the years
12specified in the proposition, after which the limiting rate of
13the taxing district shall be calculated as otherwise provided.
14In the case of a taxing district that obtained referendum
15approval for an increased limiting rate on March 20, 2012, the
16limiting rate for tax year 2012 shall be the rate that
17generates the approximate total amount of taxes extendable for
18that tax year, as set forth in the proposition approved by the
19voters; this rate shall be the final rate applied by the county
20clerk for the aggregate of all capped funds of the district for
21tax year 2012.
22(Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6,
23eff. 3-29-13; 98-23, eff. 6-17-13.)
 
24    (35 ILCS 200/18-205)
25    Sec. 18-205. Referendum to increase the extension

 

 

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1limitation. A taxing district is limited to an extension
2limitation as defined in Section 18-185 of 5% or the percentage
3increase in the Consumer Price Index during the 12-month
4calendar year preceding the levy year, whichever is less. A
5taxing district may increase its extension limitation for one
6or more levy years if that taxing district holds a referendum
7before the levy date for the first levy year at which a
8majority of voters voting on the issue approves adoption of a
9higher extension limitation. Referenda shall be conducted at a
10regularly scheduled election in accordance with the Election
11Code. For referenda to increase the extension limitation for
12levy years prior to 2016, the The question shall be presented
13in substantially the following manner for all elections held
14after March 21, 2006:
15        Shall the extension limitation under the Property Tax
16    Extension Limitation Law for (insert the legal name,
17    number, if any, and county or counties of the taxing
18    district and geographic or other common name by which a
19    school or community college district is known and referred
20    to), Illinois, be increased from the lesser of 5% or the
21    percentage increase in the Consumer Price Index over the
22    prior levy year to (insert the percentage of the proposed
23    increase)% per year for (insert each levy year for which
24    the increased extension limitation will apply)?
25    For referenda to increase the extension limitation for levy
26year 2016 and thereafter, the question shall be presented in

 

 

09900SB1046sam001- 28 -LRB099 05357 MLM 36008 a

1substantially the following manner:
2        Shall the extension limitation under the Property Tax
3    Extension Limitation Law for (insert the legal name,
4    number, if any, and county or counties of the taxing
5    district and geographic or other common name by which a
6    school or community college district is known and referred
7    to), Illinois, be increased from 0% to (insert the
8    percentage of the proposed increase)% per year for (insert
9    each levy year for which the increased extension limitation
10    will apply)?
11The votes must be recorded as "Yes" or "No".
12If a majority of voters voting on the issue approves the
13adoption of the increase, the increase shall be applicable for
14each levy year specified.
15    The ballot for any question submitted pursuant to this
16Section shall have printed thereon, but not as a part of the
17question submitted, only the following supplemental
18information (which shall be supplied to the election authority
19by the taxing district) in substantially the following form:
20        (1) For the (insert the first levy year for which the
21    increased extension limitation will be applicable) levy
22    year the approximate amount of the additional tax
23    extendable against property containing a single family
24    residence and having a fair market value at the time of the
25    referendum of $100,000 is estimated to be $....
26        (2) Based upon an average annual percentage increase

 

 

09900SB1046sam001- 29 -LRB099 05357 MLM 36008 a

1    (or decrease) in the market value of such property of ...%
2    (insert percentage equal to the average annual percentage
3    increase or decrease for the prior 3 levy years, at the
4    time the submission of the question is initiated by the
5    taxing district, in the amount of (A) the equalized
6    assessed value of the taxable property in the taxing
7    district less (B) the new property included in the
8    equalized assessed value), the approximate amount of the
9    additional tax extendable against such property for the ...
10    levy year is estimated to be $... and for the ... levy year
11    is estimated to be $....
12    Paragraph (2) shall be included only if the increased
13extension limitation will be applicable for more than one year
14and shall list each levy year for which the increased extension
15limitation will be applicable. The additional tax shown for
16each levy year shall be the approximate dollar amount of the
17increase over the amount of the most recently completed
18extension at the time the submission of the question is
19initiated by the taxing district. The approximate amount of the
20additional tax extendable shown in paragraphs (1) and (2) shall
21be calculated by multiplying $100,000 (the fair market value of
22the property without regard to any property tax exemptions) by
23(i) the percentage level of assessment prescribed for that
24property by statute, or by ordinance of the county board in
25counties that classify property for purposes of taxation in
26accordance with Section 4 of Article IX of the Illinois

 

 

09900SB1046sam001- 30 -LRB099 05357 MLM 36008 a

1Constitution; (ii) the most recent final equalization factor
2certified to the county clerk by the Department of Revenue at
3the time the taxing district initiates the submission of the
4proposition to the electors; (iii) the last known aggregate
5extension base of the taxing district at the time the
6submission of the question is initiated by the taxing district;
7and (iv) the difference between the percentage increase
8proposed in the question and (A) the lesser of 5% or the
9percentage increase in the Consumer Price Index for the prior
10levy year (or an estimate of the percentage increase for the
11prior levy year if the increase is unavailable at the time the
12submission of the question is initiated by the taxing district)
13or (B) 0%, as applicable; and dividing the result by the last
14known equalized assessed value of the taxing district at the
15time the submission of the question is initiated by the taxing
16district. This amendatory Act of the 97th General Assembly is
17intended to clarify the existing requirements of this Section,
18and shall not be construed to validate any prior non-compliant
19referendum language. Any notice required to be published in
20connection with the submission of the question shall also
21contain this supplemental information and shall not contain any
22other supplemental information. Any error, miscalculation, or
23inaccuracy in computing any amount set forth on the ballot or
24in the notice that is not deliberate shall not invalidate or
25affect the validity of any proposition approved. Notice of the
26referendum shall be published and posted as otherwise required

 

 

09900SB1046sam001- 31 -LRB099 05357 MLM 36008 a

1by law, and the submission of the question shall be initiated
2as provided by law.
3(Source: P.A. 97-1087, eff. 8-24-12.)
 
4    (35 ILCS 200/18-213)
5    Sec. 18-213. Referenda on applicability of the Property Tax
6Extension Limitation Law.
7    (a) The provisions of this Section do not apply to a taxing
8district subject to this Law because a majority of its 1990
9equalized assessed value is in a county or counties contiguous
10to a county of 3,000,000 or more inhabitants, or because a
11majority of its 1994 equalized assessed value is in an affected
12county and the taxing district was not subject to this Law
13before the 1995 levy year.
14    (b) Prior to levy year 2016, the The county board of a
15county that is not subject to this Law may, by ordinance or
16resolution, submit to the voters of the county the question of
17whether to make all non-home rule taxing districts that have
18all or a portion of their equalized assessed valuation situated
19in the county subject to this Law in the manner set forth in
20this Section.
21    For purposes of this Section only:
22    "Taxing district" has the same meaning provided in Section
231-150.
24    "Equalized assessed valuation" means the equalized
25assessed valuation for a taxing district for the immediately

 

 

09900SB1046sam001- 32 -LRB099 05357 MLM 36008 a

1preceding levy year.
2    (c) The ordinance or resolution shall request the
3submission of the proposition at any election, except a
4consolidated primary election, for the purpose of voting for or
5against making the Property Tax Extension Limitation Law
6applicable to all non-home rule taxing districts that have all
7or a portion of their equalized assessed valuation situated in
8the county.
9    The question shall be placed on a separate ballot and shall
10be in substantially the following form:
11        Shall the Property Tax Extension Limitation Law (35
12    ILCS 200/18-185 through 18-245), which limits annual
13    property tax extension increases, apply to non-home rule
14    taxing districts with all or a portion of their equalized
15    assessed valuation located in (name of county)?
16Votes on the question shall be recorded as "yes" or "no".
17    (d) The county clerk shall order the proposition submitted
18to the electors of the county at the election specified in the
19ordinance or resolution. If part of the county is under the
20jurisdiction of a board or boards of election commissioners,
21the county clerk shall submit a certified copy of the ordinance
22or resolution to each board of election commissioners, which
23shall order the proposition submitted to the electors of the
24taxing district within its jurisdiction at the election
25specified in the ordinance or resolution.
26    (e) (1) With respect to taxing districts having all of

 

 

09900SB1046sam001- 33 -LRB099 05357 MLM 36008 a

1    their equalized assessed valuation located in the county,
2    if a majority of the votes cast on the proposition are in
3    favor of the proposition, then this Law becomes applicable
4    to the taxing district beginning on January 1 of the year
5    following the date of the referendum.
6        (2) With respect to taxing districts that meet all the
7    following conditions this Law shall become applicable to
8    the taxing district beginning on January 1, 1997. The
9    districts to which this paragraph (2) is applicable
10            (A) do not have all of their equalized assessed
11        valuation located in a single county,
12            (B) have equalized assessed valuation in an
13        affected county,
14            (C) meet the condition that each county, other than
15        an affected county, in which any of the equalized
16        assessed valuation of the taxing district is located
17        has held a referendum under this Section at any
18        election, except a consolidated primary election, held
19        prior to the effective date of this amendatory Act of
20        1997, and
21            (D) have a majority of the district's equalized
22        assessed valuation located in one or more counties in
23        each of which the voters have approved a referendum
24        under this Section prior to the effective date of this
25        amendatory Act of 1997. For purposes of this Section,
26        in determining whether a majority of the equalized

 

 

09900SB1046sam001- 34 -LRB099 05357 MLM 36008 a

1        assessed valuation of the taxing district is located in
2        one or more counties in which the voters have approved
3        a referendum under this Section, the equalized
4        assessed valuation of the taxing district in any
5        affected county shall be included with the equalized
6        assessed value of the taxing district in counties in
7        which the voters have approved the referendum.
8        (3) With respect to taxing districts that do not have
9    all of their equalized assessed valuation located in a
10    single county and to which paragraph (2) of subsection (e)
11    is not applicable, if each county other than an affected
12    county in which any of the equalized assessed valuation of
13    the taxing district is located has held a referendum under
14    this Section at any election, except a consolidated primary
15    election, held in any year and if a majority of the
16    equalized assessed valuation of the taxing district is
17    located in one or more counties that have each approved a
18    referendum under this Section, then this Law shall become
19    applicable to the taxing district on January 1 of the year
20    following the year in which the last referendum in a county
21    in which the taxing district has any equalized assessed
22    valuation is held. For the purposes of this Law, the last
23    referendum shall be deemed to be the referendum making this
24    Law applicable to the taxing district. For purposes of this
25    Section, in determining whether a majority of the equalized
26    assessed valuation of the taxing district is located in one

 

 

09900SB1046sam001- 35 -LRB099 05357 MLM 36008 a

1    or more counties that have approved a referendum under this
2    Section, the equalized assessed valuation of the taxing
3    district in any affected county shall be included with the
4    equalized assessed value of the taxing district in counties
5    that have approved the referendum.
6    (f) Immediately after a referendum is held under this
7Section, the county clerk of the county holding the referendum
8shall give notice of the referendum having been held and its
9results to all taxing districts that have all or a portion of
10their equalized assessed valuation located in the county, the
11county clerk of any other county in which any of the equalized
12assessed valuation of any taxing district is located, and the
13Department of Revenue. After the last referendum affecting a
14multi-county taxing district is held, the Department of Revenue
15shall determine whether the taxing district is subject to this
16Law and, if so, shall notify the taxing district and the county
17clerks of all of the counties in which a portion of the
18equalized assessed valuation of the taxing district is located
19that, beginning the following January 1, the taxing district is
20subject to this Law. For each taxing district subject to
21paragraph (2) of subsection (e) of this Section, the Department
22of Revenue shall notify the taxing district and the county
23clerks of all of the counties in which a portion of the
24equalized assessed valuation of the taxing district is located
25that, beginning January 1, 1997, the taxing district is subject
26to this Law.

 

 

09900SB1046sam001- 36 -LRB099 05357 MLM 36008 a

1    (g) Referenda held under this Section shall be conducted in
2accordance with the Election Code.
3(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
 
4    (35 ILCS 200/18-214)
5    Sec. 18-214. Referenda on removal of the applicability of
6the Property Tax Extension Limitation Law to non-home rule
7taxing districts.
8    (a) The provisions of this Section do not apply to a taxing
9district that is subject to this Law because a majority of its
101990 equalized assessed value is in a county or counties
11contiguous to a county of 3,000,000 or more inhabitants, or
12because a majority of its 1994 equalized assessed value is in
13an affected county and the taxing district was not subject to
14this Law before the 1995 levy year.
15    (b) For purposes of this Section only:
16    "Taxing district" means any non-home rule taxing district
17that became subject to this Law under Section 18-213 of this
18Law.
19    "Equalized assessed valuation" means the equalized
20assessed valuation for a taxing district for the immediately
21preceding levy year.
22    (c) The county board of a county that became subject to
23this Law by a referendum approved by the voters of the county
24under Section 18-213 may, by ordinance or resolution, in the
25manner set forth in this Section, submit to the voters of the

 

 

09900SB1046sam001- 37 -LRB099 05357 MLM 36008 a

1county the question of whether this Law applies to all non-home
2rule taxing districts that have all or a portion of their
3equalized assessed valuation situated in the county in the
4manner set forth in this Section.
5    (d) The ordinance or resolution shall request the
6submission of the proposition at any election, except a
7consolidated primary election, for the purpose of voting for or
8against the continued application of the Property Tax Extension
9Limitation Law to all non-home rule taxing districts that have
10all or a portion of their equalized assessed valuation situated
11in the county.
12    The question shall be placed on a separate ballot and shall
13be in substantially the following form:
14        Shall the Property Tax Extension Limitation Law (35
15    ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
16    annual property tax extension increases, apply to non-home
17    rule taxing districts with all or a portion of their
18    equalized assessed valuation located in (name of county)?
19Votes on the question shall be recorded as "yes" or "no".
20    (e) The county clerk shall order the proposition submitted
21to the electors of the county at the election specified in the
22ordinance or resolution. If part of the county is under the
23jurisdiction of a board or boards of election commissioners,
24the county clerk shall submit a certified copy of the ordinance
25or resolution to each board of election commissioners, which
26shall order the proposition submitted to the electors of the

 

 

09900SB1046sam001- 38 -LRB099 05357 MLM 36008 a

1taxing district within its jurisdiction at the election
2specified in the ordinance or resolution.
3    (f) With respect to taxing districts having all of their
4equalized assessed valuation located in one county, if a
5majority of the votes cast on the proposition are against the
6proposition, then this Law shall not apply to the taxing
7district beginning on January 1 of the year following the date
8of the referendum.
9    (g) With respect to taxing districts that do not have all
10of their equalized assessed valuation located in a single
11county, if both of the following conditions are met, then this
12Law shall no longer apply to the taxing district beginning on
13January 1 of the year following the date of the referendum.
14        (1) Each county in which the district has any equalized
15    assessed valuation must either, (i) have held a referendum
16    under this Section, (ii) be an affected county, or (iii)
17    have held a referendum under Section 18-213 at which the
18    voters rejected the proposition at the most recent election
19    at which the question was on the ballot in the county.
20        (2) The majority of the equalized assessed valuation of
21    the taxing district, other than any equalized assessed
22    valuation in an affected county, is in one or more counties
23    in which the voters rejected the proposition. For purposes
24    of this Section, in determining whether a majority of the
25    equalized assessed valuation of the taxing district is
26    located in one or more counties in which the voters have

 

 

09900SB1046sam001- 39 -LRB099 05357 MLM 36008 a

1    rejected the proposition under this Section, the equalized
2    assessed valuation of any taxing district in a county which
3    has held a referendum under Section 18-213 at which the
4    voters rejected that proposition, at the most recent
5    election at which the question was on the ballot in the
6    county, will be included with the equalized assessed value
7    of the taxing district in counties in which the voters have
8    rejected the referendum held under this Section.
9    (h) Immediately after a referendum is held under this
10Section, the county clerk of the county holding the referendum
11shall give notice of the referendum having been held and its
12results to all taxing districts that have all or a portion of
13their equalized assessed valuation located in the county, the
14county clerk of any other county in which any of the equalized
15assessed valuation of any such taxing district is located, and
16the Department of Revenue. After the last referendum affecting
17a multi-county taxing district is held, the Department of
18Revenue shall determine whether the taxing district is no
19longer subject to this Law and, if the taxing district is no
20longer subject to this Law, the Department of Revenue shall
21notify the taxing district and the county clerks of all of the
22counties in which a portion of the equalized assessed valuation
23of the taxing district is located that, beginning on January 1
24of the year following the date of the last referendum, the
25taxing district is no longer subject to this Law.
26    (i) Notwithstanding any other provision of law, no

 

 

09900SB1046sam001- 40 -LRB099 05357 MLM 36008 a

1referendum may be submitted under this Section for levy year
22016 or thereafter.
3(Source: P.A. 89-718, eff. 3-7-97.)
 
4    (35 ILCS 200/18-242 new)
5    Sec. 18-242. Home . This Division 5 is a limitation, under
6subsection (g) of Section 6 of Article VII of the Illinois
7Constitution, on the power of home rule units to tax.
 
8    Section 5-15. The Local Government Energy Conservation Act
9is amended by changing Section 3 as follows:
 
10    (50 ILCS 515/3)
11    Sec. 3. Applicable laws. Other State laws and related
12administrative requirements apply to this Act, including, but
13not limited to, the following laws and related administrative
14requirements: the Illinois Human Rights Act, the Prevailing
15Wage Act, the Public Construction Bond Act, the Public Works
16Preference Act (repealed on June 16, 2010 by Public Act
1796-929), the Employment of Illinois Workers on Public Works
18Act, the Freedom of Information Act, the Open Meetings Act, the
19Illinois Architecture Practice Act of 1989, the Professional
20Engineering Practice Act of 1989, the Structural Engineering
21Practice Act of 1989, the Local Government Professional
22Services Selection Act, and the Contractor Unified License and
23Permit Bond Act.

 

 

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1(Source: P.A. 97-333, eff. 8-12-11.)
 
2    Section 5-20. The Local Government Facility Lease Act is
3amended by changing Section 35 as follows:
 
4    (50 ILCS 615/35)
5    Sec. 35. Wage requirements. In order to protect the wages,
6working conditions, and job opportunities of employees
7employed by the lessee of leased facility property used for
8airport purposes to perform work on the site of the leased
9premises previously performed by employees of the lessor on the
10site of the leased premises and who were in recognized
11bargaining units at the time of the lease, the lessee, and any
12subcontractor retained by the lessee to perform such work on
13the site of the leased premises, shall be required to pay to
14those employees an amount not less than the economic equivalent
15of the standard of wages and benefits enjoyed by the lessor's
16employees who previously performed that work. The lessor shall
17certify to the lessee the amount of wages and benefits (or
18their equivalent) as of the time of the lease, and any changes
19to those amounts as they may occur during the term of the
20lease. All projects at the leased facility property used for
21airport purposes shall be considered public works for purposes
22of the Prevailing Wage Act.
23(Source: P.A. 94-750, eff. 5-9-06.)
 

 

 

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1    Section 5-25. The Counties Code is amended by changing
2Section 5-1134 as follows:
 
3    (55 ILCS 5/5-1134)
4    Sec. 5-1134. Project labor agreements.
5    (a) Any sports, arts, or entertainment facilities that
6receive revenue from a tax imposed under subsection (b) of
7Section 5-1030 of this Code shall be considered to be public
8works within the meaning of the Prevailing Wage Act. The county
9authorities responsible for the construction, renovation,
10modification, or alteration of the sports, arts, or
11entertainment facilities shall enter into project labor
12agreements with labor organizations as defined in the National
13Labor Relations Act to assure that no labor dispute interrupts
14or interferes with the construction, renovation, modification,
15or alteration of the projects.
16    (b) The project labor agreements must include the
17following:
18        (1) provisions establishing the minimum hourly wage
19    for each class of labor organization employees;
20        (2) provisions establishing the benefits and other
21    compensation for such class of labor organization; and
22        (3) provisions establishing that no strike or disputes
23    will be engaged in by the labor organization employees.
24    The county, taxing bodies, municipalities, and the labor
25organizations shall have the authority to include other terms

 

 

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1and conditions as they deem necessary.
2    (c) The project labor agreement shall be filed with the
3Director of the Illinois Department of Labor in accordance with
4procedures established by the Department. At a minimum, the
5project labor agreement must provide the names, addresses, and
6occupations of the owner of the facilities and the individuals
7representing the labor organization employees participating in
8the project labor agreement. The agreement must also specify
9the terms and conditions required in subsection (b) of this
10Section.
11    (d) In any agreement for the construction or rehabilitation
12of a facility using revenue generated under subsection (b) of
13Section 5-1030 of this Code, in connection with the
14prequalification of general contractors for construction or
15rehabilitation of the facility, it shall be required that a
16commitment will be submitted detailing how the general
17contractor will expend 15% or more of the aggregate dollar
18value of the project as a whole with one or more minority-owned
19businesses, female-owned businesses, or businesses owned by a
20person with a disability, as these terms are defined in Section
212 of the Business Enterprise for Minorities, Females, and
22Persons with Disabilities Act.
23(Source: P.A. 98-313, eff. 8-12-13; 98-756, eff. 7-16-14.)
 
24    (60 ILCS 1/100-20 rep.)
25    Section 5-30. The Township Code is amended by repealing

 

 

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1Section 100-20.
 
2    Section 5-35. The School Code is amended by changing
3Section 19b-15 as follows:
 
4    (105 ILCS 5/19b-15)
5    Sec. 19b-15. Applicable laws. Other State laws and related
6administrative requirements apply to this Article, including,
7but not limited to, the following laws and related
8administrative requirements: the Illinois Human Rights Act,
9the Prevailing Wage Act, the Public Construction Bond Act, the
10Public Works Preference Act (repealed on June 16, 2010 by
11Public Act 96-929), the Employment of Illinois Workers on
12Public Works Act, the Freedom of Information Act, the Open
13Meetings Act, the Illinois Architecture Practice Act of 1989,
14the Professional Engineering Practice Act of 1989, the
15Structural Engineering Practice Act of 1989, the Local
16Government Professional Services Selection Act, and the
17Contractor Unified License and Permit Bond Act.
18(Source: P.A. 97-333, eff. 8-12-11.)
 
19    Section 5-40. The Public Community College Act is amended
20by changing Section 1-3 as follows:
 
21    (110 ILCS 805/1-3)
22    Sec. 1-3. Applicable laws. Other State laws and related

 

 

09900SB1046sam001- 45 -LRB099 05357 MLM 36008 a

1administrative requirements apply to this Act, including, but
2not limited to, the following laws and related administrative
3requirements: the Illinois Human Rights Act, the Prevailing
4Wage Act, the Public Construction Bond Act, the Employment of
5Illinois Workers on Public Works Act, the Freedom of
6Information Act, the Open Meetings Act, the Illinois
7Architecture Practice Act of 1989, the Professional
8Engineering Practice Act of 1989, the Structural Engineering
9Practice Act of 1989, the Local Government Professional
10Services Selection Act, and the Contractor Unified License and
11Permit Bond Act. The provisions of the Procurement of Domestic
12Products Act shall apply to this Act to the extent practicable,
13provided that the Procurement of Domestic Products Act must not
14be applied to this Act in a manner that is inconsistent with
15the requirements of this Act.
16(Source: P.A. 97-333, eff. 8-12-11; 97-1105, eff. 8-27-12.)
 
17    Section 5-45. The Illinois Educational Labor Relations Act
18is amended by changing Sections 4.5 and 7 and by adding Section
194.7 as follows:
 
20    (115 ILCS 5/4.5)
21    Sec. 4.5. Subjects of collective bargaining.
22    (a) Notwithstanding the existence of any other provision in
23this Act or other law, collective bargaining between an
24educational employer whose territorial boundaries are

 

 

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1coterminous with those of a city having a population in excess
2of 500,000 and an exclusive representative of its employees may
3include any of the following subjects:
4        (1) (Blank).
5        (2) Decisions to contract with a third party for one or
6    more services otherwise performed by employees in a
7    bargaining unit and the procedures for obtaining such
8    contract or the identity of the third party, except as
9    provided in subsection (d).
10        (3) Decisions to layoff or reduce in force employees,
11    except as provided in subsection (d) with respect to a
12    layoff or reduction in force resulting from a service
13    contract.
14        (4) Decisions to determine class size, class staffing
15    and assignment, class schedules, academic calendar, length
16    of the work and school day with respect to a public school
17    district organized under Article 34 of the School Code
18    only, length of the work and school year with respect to a
19    public school district organized under Article 34 of the
20    School Code only, hours and places of instruction, or pupil
21    assessment policies.
22        (5) Decisions concerning use and staffing of
23    experimental or pilot programs and decisions concerning
24    use of technology to deliver educational programs and
25    services and staffing to provide the technology.
26    (b) The subject or matters described in subsection (a) are

 

 

09900SB1046sam001- 47 -LRB099 05357 MLM 36008 a

1permissive subjects of bargaining between an educational
2employer and an exclusive representative of its employees and,
3for the purpose of this Act, are within the sole discretion of
4the educational employer to decide to bargain, provided that
5the educational employer is required to bargain over the impact
6of a decision concerning such subject or matter on the
7bargaining unit upon request by the exclusive representative.
8During this bargaining, the educational employer shall not be
9precluded from implementing its decision. If, after a
10reasonable period of bargaining, a dispute or impasse exists
11between the educational employer and the exclusive
12representative, the dispute or impasse shall be resolved
13exclusively as set forth in subsection (b) of Section 12 of
14this Act in lieu of a strike under Section 13 of this Act.
15Neither the Board nor any mediator or fact-finder appointed
16pursuant to subsection (a-10) of Section 12 of this Act shall
17have jurisdiction over such a dispute or impasse.
18    (c) A provision in a collective bargaining agreement that
19was rendered null and void because it involved a prohibited
20subject of collective bargaining under this subsection (c) as
21this subsection (c) existed before the effective date of this
22amendatory Act of the 93rd General Assembly remains null and
23void and shall not otherwise be reinstated in any successor
24agreement unless the educational employer and exclusive
25representative otherwise agree to include an agreement reached
26on a subject or matter described in subsection (a) of this

 

 

09900SB1046sam001- 48 -LRB099 05357 MLM 36008 a

1Section as subsection (a) existed before this amendatory Act of
2the 93rd General Assembly.
3    (d) In any public school district to which this subsection
4applies, as provided in Section 4.7, public employees or a
5labor organization may not bargain collectively on:
6        (1) the decision of the educational employer to
7    contract with a third party for any services, the process
8    for bidding on such a contract, the identity of the
9    provider of such services, or the effect of any such
10    contract on bargaining unit members, provided that this
11    subsection does not limit the ability of educational
12    employees or a labor organization to bid on any such
13    contract;
14        (2) any pay increase, either through changes to the pay
15    schedule or as a result of accumulated years of service, in
16    excess of the amount specified by resolution of the
17    governing body of the public school district;
18        (3) the provision of any health insurance, including
19    the payment of premiums, the extent of coverage, or the
20    identity of the insurer;
21        (4) the use of educational employee time for business
22    of the labor organization, other than reasonable time
23    provided to an educational employee to attend a grievance
24    hearing when his or her rights are substantially affected
25    by the hearing or his or her testimony is needed for the
26    determination of any substantial factual question;

 

 

09900SB1046sam001- 49 -LRB099 05357 MLM 36008 a

1        (5) required levels of staffing for departments,
2    divisions, shifts, stations, or assignments;
3        (6) procedures, processes, forms, and criteria for
4    personnel evaluations, or the use of evaluations or
5    seniority in assignments, promotions, layoffs, and
6    reductions-in-force; or
7        (7) curriculum or standards of student academic
8    performance, conduct, and discipline in school.
9    (e) If subsection (b) of Section 4 of the Illinois Public
10Labor Relations Act applies to a public school district,
11educational employees or a labor organization may not bargain
12collectively on the matters described in that subsection or on
13the matters described in paragraph (7) of subsection (d) of
14this Section.
15    (f) Any agreement, understanding, or practice, whether
16written or oral, and whether express or implied, between any
17labor organization and any educational employer made in
18violation of this Section is hereby declared to be unlawful,
19null and void, and of no legal effect.
20(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
 
21    (115 ILCS 5/4.7 new)
22    Sec. 4.7. Adoption of limitations on subjects of collective
23bargaining.
24    (a) The governing body of a public school district may by
25resolution prohibit elect to apply the limitations under

 

 

09900SB1046sam001- 50 -LRB099 05357 MLM 36008 a

1subsection (d) of Section 4.5 to bargaining with that public
2school district.
3    (b) If a petition, signed by a number of registered voters
4equal in number to at least 5% of the total number of
5registered voters in a public school district, asking to apply
6the limitations under subsection (d) of Section 4.5 to that
7public school district is presented to the clerk of that public
8school district, the clerk shall certify the question of
9whether to apply such limitations to that public school
10district to the proper election authority, who shall submit the
11question at the next election in accordance with the general
12election law.
13    The question of whether to apply the limitations under
14subsection (d) of Section 4.5 shall be presented in
15substantially the following form:
16        Shall (the legal name of the public school district) be
17    free to determine certain matters without negotiating with
18    employee unions, such as the use of service providers, the
19    decision to provide health benefits, caps on total payroll,
20    employees' use of government time for union matters,
21    required staffing levels, evaluation procedures, and
22    curriculum?
23    The votes must be recorded as "Yes" or "No". If a majority
24of voters voting on the question are in favor of applying such
25limitations, subsection (d) of Section 4.5 shall apply to
26bargaining with that public school district.
 

 

 

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1    (115 ILCS 5/7)  (from Ch. 48, par. 1707)
2    Sec. 7. Recognition of exclusive bargaining
3representatives - unit determination. The Board is empowered
4to administer the recognition of bargaining representatives of
5employees of public school districts, including employees of
6districts which have entered into joint agreements, or
7employees of public community college districts, or any State
8college or university, and any State agency whose major
9function is providing educational services, making certain
10that each bargaining unit contains employees with an
11identifiable community of interest and that no unit includes
12both professional employees and nonprofessional employees
13unless a majority of employees in each group vote for inclusion
14in the unit.
15    (a) In determining the appropriateness of a unit, the Board
16shall decide in each case, in order to ensure employees the
17fullest freedom in exercising the rights guaranteed by this
18Act, the unit appropriate for the purpose of collective
19bargaining, based upon but not limited to such factors as
20historical pattern of recognition, community of interest,
21including employee skills and functions, degree of functional
22integration, interchangeability and contact among employees,
23common supervision, wages, hours and other working conditions
24of the employees involved, and the desires of the employees.
25Nothing in this Act, except as herein provided, shall interfere

 

 

09900SB1046sam001- 52 -LRB099 05357 MLM 36008 a

1with or negate the current representation rights or patterns
2and practices of employee organizations which have
3historically represented employees for the purposes of
4collective bargaining, including but not limited to the
5negotiations of wages, hours and working conditions,
6resolutions of employees' grievances, or resolution of
7jurisdictional disputes, or the establishment and maintenance
8of prevailing wage rates, unless a majority of the employees so
9represented expresses a contrary desire under the procedures
10set forth in this Act. This Section, however, does not prohibit
11multi-unit bargaining. Notwithstanding the above factors,
12where the majority of public employees of a craft so decide,
13the Board shall designate such craft as a unit appropriate for
14the purposes of collective bargaining.
15    The sole appropriate bargaining unit for tenured and
16tenure-track academic faculty at each campus of the University
17of Illinois shall be a unit that is comprised of
18non-supervisory academic faculty employed more than half-time
19and that includes all tenured and tenure-track faculty of that
20University campus employed by the board of trustees in all of
21the campus's undergraduate, graduate, and professional schools
22and degree and non-degree programs (with the exception of the
23college of medicine, the college of pharmacy, the college of
24dentistry, the college of law, and the college of veterinary
25medicine, each of which shall have its own separate unit),
26regardless of current or historical representation rights or

 

 

09900SB1046sam001- 53 -LRB099 05357 MLM 36008 a

1patterns or the application of any other factors. Any decision,
2rule, or regulation promulgated by the Board to the contrary
3shall be null and void.
4    (b) An educational employer shall voluntarily recognize a
5labor organization for collective bargaining purposes if that
6organization appears to represent a majority of employees in
7the unit. The employer shall post notice of its intent to so
8recognize for a period of at least 20 school days on bulletin
9boards or other places used or reserved for employee notices.
10Thereafter, the employer, if satisfied as to the majority
11status of the employee organization, shall send written
12notification of such recognition to the Board for
13certification. Any dispute regarding the majority status of a
14labor organization shall be resolved by the Board which shall
15make the determination of majority status.
16    Within the 20 day notice period, however, any other
17interested employee organization may petition the Board to seek
18recognition as the exclusive representative of the unit in the
19manner specified by rules and regulations prescribed by the
20Board, if such interested employee organization has been
21designated by at least 15% of the employees in an appropriate
22bargaining unit which includes all or some of the employees in
23the unit intended to be recognized by the employer. In such
24event, the Board shall proceed with the petition in the same
25manner as provided in paragraph (c) of this Section.
26    (c) A labor organization may also gain recognition as the

 

 

09900SB1046sam001- 54 -LRB099 05357 MLM 36008 a

1exclusive representative by an election of the employees in the
2unit. Petitions requesting an election may be filed with the
3Board:
4        (1) by an employee or group of employees or any labor
5    organizations acting on their behalf alleging and
6    presenting evidence that 30% or more of the employees in a
7    bargaining unit wish to be represented for collective
8    bargaining or that the labor organization which has been
9    acting as the exclusive bargaining representative is no
10    longer representative of a majority of the employees in the
11    unit; or
12        (2) by an employer alleging that one or more labor
13    organizations have presented a claim to be recognized as an
14    exclusive bargaining representative of a majority of the
15    employees in an appropriate unit and that it doubts the
16    majority status of any of the organizations or that it
17    doubts the majority status of an exclusive bargaining
18    representative.
19    The Board shall investigate the petition and if it has
20reasonable cause to suspect that a question of representation
21exists, it shall give notice and conduct a hearing. If it finds
22upon the record of the hearing that a question of
23representation exists, it shall direct an election, which shall
24be held no later than 90 days after the date the petition was
25filed. Nothing prohibits the waiving of hearings by the parties
26and the conduct of consent elections.

 

 

09900SB1046sam001- 55 -LRB099 05357 MLM 36008 a

1    (c-5) The Board shall designate an exclusive
2representative for purposes of collective bargaining when the
3representative demonstrates a showing of majority interest by
4employees in the unit. If the parties to a dispute are without
5agreement on the means to ascertain the choice, if any, of
6employee organization as their representative, the Board shall
7ascertain the employees' choice of employee organization, on
8the basis of dues deduction authorization or other evidence,
9or, if necessary, by conducting an election. All evidence
10submitted by an employee organization to the Board to ascertain
11an employee's choice of an employee organization is
12confidential and shall not be submitted to the employer for
13review. The Board shall ascertain the employee's choice of
14employee organization within 120 days after the filing of the
15majority interest petition; however, the Board may extend time
16by an additional 60 days, upon its own motion or upon the
17motion of a party to the proceeding. If either party provides
18to the Board, before the designation of a representative, clear
19and convincing evidence that the dues deduction
20authorizations, and other evidence upon which the Board would
21otherwise rely to ascertain the employees' choice of
22representative, are fraudulent or were obtained through
23coercion, the Board shall promptly thereafter conduct an
24election. The Board shall also investigate and consider a
25party's allegations that the dues deduction authorizations and
26other evidence submitted in support of a designation of

 

 

09900SB1046sam001- 56 -LRB099 05357 MLM 36008 a

1representative without an election were subsequently changed,
2altered, withdrawn, or withheld as a result of employer fraud,
3coercion, or any other unfair labor practice by the employer.
4If the Board determines that a labor organization would have
5had a majority interest but for an employer's fraud, coercion,
6or unfair labor practice, it shall designate the labor
7organization as an exclusive representative without conducting
8an election. If a hearing is necessary to resolve any issues of
9representation under this Section, the Board shall conclude its
10hearing process and issue a certification of the entire
11appropriate unit not later than 120 days after the date the
12petition was filed. The 120-day period may be extended one or
13more times by the agreement of all parties to a hearing to a
14date certain.
15    (c-6) A labor organization or an employer may file a unit
16clarification petition seeking to clarify an existing
17bargaining unit. The Board shall conclude its investigation,
18including any hearing process deemed necessary, and issue a
19certification of clarified unit or dismiss the petition not
20later than 120 days after the date the petition was filed. The
21120-day period may be extended one or more times by the
22agreement of all parties to a hearing to a date certain.
23    (d) An order of the Board dismissing a representation
24petition, determining and certifying that a labor organization
25has been fairly and freely chosen by a majority of employees in
26an appropriate bargaining unit, determining and certifying

 

 

09900SB1046sam001- 57 -LRB099 05357 MLM 36008 a

1that a labor organization has not been fairly and freely chosen
2by a majority of employees in the bargaining unit or certifying
3a labor organization as the exclusive representative of
4employees in an appropriate bargaining unit because of a
5determination by the Board that the labor organization is the
6historical bargaining representative of employees in the
7bargaining unit, is a final order. Any person aggrieved by any
8such order issued on or after the effective date of this
9amendatory Act of 1987 may apply for and obtain judicial review
10in accordance with provisions of the Administrative Review Law,
11as now or hereafter amended, except that such review shall be
12afforded directly in the Appellate Court of a judicial district
13in which the Board maintains an office. Any direct appeal to
14the Appellate Court shall be filed within 35 days from the date
15that a copy of the decision sought to be reviewed was served
16upon the party affected by the decision.
17    No election may be conducted in any bargaining unit during
18the term of a collective bargaining agreement covering such
19unit or subdivision thereof, except the Board may direct an
20election after the filing of a petition between January 15 and
21March 1 of the final year of a collective bargaining agreement.
22Nothing in this Section prohibits the negotiation of a
23collective bargaining agreement covering a period not
24exceeding 3 years. A collective bargaining agreement of less
25than 3 years may be extended up to 3 years by the parties if the
26extension is agreed to in writing before the filing of a

 

 

09900SB1046sam001- 58 -LRB099 05357 MLM 36008 a

1petition under this Section. In such case, the final year of
2the extension is the final year of the collective bargaining
3agreement. No election may be conducted in a bargaining unit,
4or subdivision thereof, in which a valid election has been held
5within the preceding 12 month period.
6(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
7    Section 5-50. The Prevailing Wage Act is amended by
8changing Section 2 as follows:
 
9    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
10    Sec. 2. This Act applies to the wages of laborers,
11mechanics and other workers employed in any public works, as
12hereinafter defined, by any public body and to anyone under
13contracts for public works. This includes any maintenance,
14repair, assembly, or disassembly work performed on equipment
15whether owned, leased, or rented.
16    As used in this Act, unless the context indicates
17otherwise:
18    "Public works" means all fixed works constructed or
19demolished by any public body, or paid for wholly or in part
20out of public funds. "Public works" as defined herein includes
21all projects financed in whole or in part with bonds, grants,
22loans, or other funds made available by or through the State or
23any of its political subdivisions, including but not limited
24to: bonds issued under the Industrial Project Revenue Bond Act

 

 

09900SB1046sam001- 59 -LRB099 05357 MLM 36008 a

1(Article 11, Division 74 of the Illinois Municipal Code), the
2Industrial Building Revenue Bond Act, the Illinois Finance
3Authority Act, the Illinois Sports Facilities Authority Act, or
4the Build Illinois Bond Act; loans or other funds made
5available pursuant to the Build Illinois Act; loans or other
6funds made available pursuant to the Riverfront Development
7Fund under Section 10-15 of the River Edge Redevelopment Zone
8Act; or funds from the Fund for Illinois' Future under Section
96z-47 of the State Finance Act, funds for school construction
10under Section 5 of the General Obligation Bond Act, funds
11authorized under Section 3 of the School Construction Bond Act,
12funds for school infrastructure under Section 6z-45 of the
13State Finance Act, and funds for transportation purposes under
14Section 4 of the General Obligation Bond Act. "Public works"
15also includes (i) all projects financed in whole or in part
16with funds from the Department of Commerce and Economic
17Opportunity under the Illinois Renewable Fuels Development
18Program Act for which there is no project labor agreement; (ii)
19all work performed pursuant to a public private agreement under
20the Public Private Agreements for the Illiana Expressway Act or
21the Public-Private Agreements for the South Suburban Airport
22Act; and (iii) all projects undertaken under a public-private
23agreement under the Public-Private Partnerships for
24Transportation Act. "Public works" also includes all projects
25at leased facility property used for airport purposes under
26Section 35 of the Local Government Facility Lease Act. "Public

 

 

09900SB1046sam001- 60 -LRB099 05357 MLM 36008 a

1works" also includes the construction of a new wind power
2facility by a business designated as a High Impact Business
3under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
4"Public works" does not include work done directly by any
5public utility company, whether or not done under public
6supervision or direction, or paid for wholly or in part out of
7public funds. "Public works" also includes any corrective
8action performed pursuant to Title XVI of the Environmental
9Protection Act for which payment from the Underground Storage
10Tank Fund is requested. "Public works" does not include
11projects undertaken by the owner at an owner-occupied
12single-family residence or at an owner-occupied unit of a
13multi-family residence. "Public works" does not include work
14performed for soil and water conservation purposes on
15agricultural lands, whether or not done under public
16supervision or paid for wholly or in part out of public funds,
17done directly by an owner or person who has legal control of
18those lands.
19    "Public works" does not include work done or projects
20performed by or on behalf of a unit of local government or
21school district whether or not done under public supervision or
22paid for wholly or in part with public funds and whether or not
23owned by a unit of local government or a school district.
24    "Construction" means all work on public works involving
25laborers, workers or mechanics. This includes any maintenance,
26repair, assembly, or disassembly work performed on equipment

 

 

09900SB1046sam001- 61 -LRB099 05357 MLM 36008 a

1whether owned, leased, or rented.
2    "Locality" means the county where the physical work upon
3public works is performed, except (1) that if there is not
4available in the county a sufficient number of competent
5skilled laborers, workers and mechanics to construct the public
6works efficiently and properly, "locality" includes any other
7county nearest the one in which the work or construction is to
8be performed and from which such persons may be obtained in
9sufficient numbers to perform the work and (2) that, with
10respect to contracts for highway work with the Department of
11Transportation of this State, "locality" may at the discretion
12of the Secretary of the Department of Transportation be
13construed to include two or more adjacent counties from which
14workers may be accessible for work on such construction.
15    "Public body" means the State or any officer, board or
16commission of the State or any political subdivision or
17department thereof, or any institution supported in whole or in
18part by public funds; "public body" does not, however, include
19a unit of local government or a school district , and includes
20every county, city, town, village, township, school district,
21irrigation, utility, reclamation improvement or other district
22and every other political subdivision, district or
23municipality of the state whether such political subdivision,
24municipality or district operates under a special charter or
25not.
26    The terms "general prevailing rate of hourly wages",

 

 

09900SB1046sam001- 62 -LRB099 05357 MLM 36008 a

1"general prevailing rate of wages" or "prevailing rate of
2wages" when used in this Act mean the hourly cash wages plus
3annualized fringe benefits for training and apprenticeship
4programs approved by the U.S. Department of Labor, Bureau of
5Apprenticeship and Training, health and welfare, insurance,
6vacations and pensions paid generally, in the locality in which
7the work is being performed, to employees engaged in work of a
8similar character on public works.
9(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
1098-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
117-16-14.)
 
12    Section 5-90. The State Mandates Act is amended by adding
13Section 8.39 as follows:
 
14    (30 ILCS 805/8.39 new)
15    Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
16of this Act, no reimbursement by the State is required for the
17implementation of any mandate created by this amendatory Act of
18the 99th General Assembly.".