The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
093_HB3405enr
HB3405 Enrolled LRB093 05262 NHT 05350 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Property Tax Code is amended by changing
5 Section 18-241 as follows:
6 (35 ILCS 200/18-241)
7 Sec. 18-241. School Finance Authority.
8 (a) A School Finance Authority established under Article
9 1E or 1F of the School Code shall not be a taxing district
10 for purposes of this Law.
11 (b) This Law shall not apply to the extension of taxes
12 for a school district for the levy year in which a School
13 Finance Authority for the district is created pursuant to
14 Article 1E or 1F of the School Code.
15 (Source: P.A. 92-547, eff. 6-13-02.)
16 Section 5. The Illinois Educational Labor Relations Act
17 is amended by changing Section 2 as follows:
18 (115 ILCS 5/2) (from Ch. 48, par. 1702)
19 Sec. 2. Definitions. As used in this Act:
20 (a) "Educational employer" or "employer" means the
21 governing body of a public school district, combination of
22 public school districts, including the governing body of
23 joint agreements of any type formed by 2 or more school
24 districts, public community college district or State college
25 or university, and any State agency whose major function is
26 providing educational services. "Educational employer" or
27 "employer" does not include a Financial Oversight Panel
28 created pursuant to Section 1A-8 of the School Code due to a
29 district violating a financial plan but does include a School
HB3405 Enrolled -2- LRB093 05262 NHT 05350 b
1 Finance Authority created under Article 1E or 1F of the
2 School Code.
3 (b) "Educational employee" or "employee" means any
4 individual, excluding supervisors, managerial, confidential,
5 short term employees, student, and part-time academic
6 employees of community colleges employed full or part time by
7 an educational employer, but shall not include elected
8 officials and appointees of the Governor with the advice and
9 consent of the Senate, firefighters as defined by subsection
10 (g-1) of Section 3 of the Illinois Public Labor Relations
11 Act, and peace officers employed by a State university. For
12 the purposes of this Act, part-time academic employees of
13 community colleges shall be defined as those employees who
14 provide less than 6 credit hours of instruction per academic
15 semester.
16 (c) "Employee organization" or "labor organization"
17 means an organization of any kind in which membership
18 includes educational employees, and which exists for the
19 purpose, in whole or in part, of dealing with employers
20 concerning grievances, employee-employer disputes, wages,
21 rates of pay, hours of employment, or conditions of work, but
22 shall not include any organization which practices
23 discrimination in membership because of race, color, creed,
24 age, gender, national origin or political affiliation.
25 (d) "Exclusive representative" means the labor
26 organization which has been designated by the Illinois
27 Educational Labor Relations Board as the representative of
28 the majority of educational employees in an appropriate unit,
29 or recognized by an educational employer prior to January 1,
30 1984 as the exclusive representative of the employees in an
31 appropriate unit or, after January 1, 1984, recognized by an
32 employer upon evidence that the employee organization has
33 been designated as the exclusive representative by a majority
34 of the employees in an appropriate unit.
HB3405 Enrolled -3- LRB093 05262 NHT 05350 b
1 (e) "Board" means the Illinois Educational Labor
2 Relations Board.
3 (f) "Regional Superintendent" means the regional
4 superintendent of schools provided for in Articles 3 and 3A
5 of The School Code.
6 (g) "Supervisor" means any individual having authority
7 in the interests of the employer to hire, transfer, suspend,
8 lay off, recall, promote, discharge, reward or discipline
9 other employees within the appropriate bargaining unit and
10 adjust their grievances, or to effectively recommend such
11 action if the exercise of such authority is not of a merely
12 routine or clerical nature but requires the use of
13 independent judgment. The term "supervisor" includes only
14 those individuals who devote a preponderance of their
15 employment time to such exercising authority.
16 (h) "Unfair labor practice" or "unfair practice" means
17 any practice prohibited by Section 14 of this Act.
18 (i) "Person" includes an individual, educational
19 employee, educational employer, legal representative, or
20 employee organization.
21 (j) "Wages" means salaries or other forms of
22 compensation for services rendered.
23 (k) "Professional employee" means, in the case of a
24 public community college, State college or university, State
25 agency whose major function is providing educational
26 services, the Illinois School for the Deaf, and the Illinois
27 School for the Visually Impaired, (1) any employee engaged in
28 work (i) predominantly intellectual and varied in character
29 as opposed to routine mental, manual, mechanical, or physical
30 work; (ii) involving the consistent exercise of discretion
31 and judgment in its performance; (iii) of such character that
32 the output produced or the result accomplished cannot be
33 standardized in relation to a given period of time; and (iv)
34 requiring knowledge of an advanced type in a field of science
HB3405 Enrolled -4- LRB093 05262 NHT 05350 b
1 or learning customarily acquired by a prolonged course of
2 specialized intellectual instruction and study in an
3 institution of higher learning or a hospital, as
4 distinguished from a general academic education or from an
5 apprenticeship or from training in the performance of routine
6 mental, manual, or physical processes; or (2) any employee,
7 who (i) has completed the courses of specialized intellectual
8 instruction and study described in clause (iv) of paragraph
9 (1) of this subsection, and (ii) is performing related work
10 under the supervision of a professional person to qualify
11 himself or herself to become a professional as defined in
12 paragraph (l).
13 (l) "Professional employee" means, in the case of any
14 public school district, or combination of school districts
15 pursuant to joint agreement, any employee who has a
16 certificate issued under Article 21 or Section 34-83 of the
17 School Code, as now or hereafter amended.
18 (m) "Unit" or "bargaining unit" means any group of
19 employees for which an exclusive representative is selected.
20 (n) "Confidential employee" means an employee, who (i)
21 in the regular course of his or her duties, assists and acts
22 in a confidential capacity to persons who formulate,
23 determine and effectuate management policies with regard to
24 labor relations or who (ii) in the regular course of his or
25 her duties has access to information relating to the
26 effectuation or review of the employer's collective
27 bargaining policies.
28 (o) "Managerial employee" means an individual who is
29 engaged predominantly in executive and management functions
30 and is charged with the responsibility of directing the
31 effectuation of such management policies and practices.
32 (p) "Craft employee" means a skilled journeyman, craft
33 person, and his or her apprentice or helper.
34 (q) "Short-term employee" is an employee who is employed
HB3405 Enrolled -5- LRB093 05262 NHT 05350 b
1 for less than 2 consecutive calendar quarters during a
2 calendar year and who does not have a reasonable expectation
3 that he or she will be rehired by the same employer for the
4 same service in a subsequent calendar year. Nothing in this
5 subsection shall affect the employee status of individuals
6 who were covered by a collective bargaining agreement on the
7 effective date of this amendatory Act of 1991.
8 (Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03;
9 revised 8-26-02.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.
This site is maintained for the Illinois General Assembly
by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706
Contact ILGA Webmaster