Illinois General Assembly - Full Text of SB2447
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Full Text of SB2447  102nd General Assembly

SB2447 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2447

 

Introduced 2/26/2021, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/15  from Ch. 48, par. 1615

    Amends the Illinois Public Labor Relations Act. Provides that the provisions of the Act or any collective bargaining agreement negotiated between a public employer and the exclusive representative of peace officers thereunder shall not take precedence over any conflicting State or local law regarding peace officers. Makes conforming changes.


LRB102 12748 RJF 18087 b

 

 

A BILL FOR

 

SB2447LRB102 12748 RJF 18087 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 15 as follows:
 
6    (5 ILCS 315/15)  (from Ch. 48, par. 1615)
7    (Text of Section WITH the changes made by P.A. 98-599,
8which has been held unconstitutional)
9    Sec. 15. Act Takes Precedence.
10    (a) In case of any conflict between the provisions of this
11Act and any other law (other than Section 5 of the State
12Employees Group Insurance Act of 1971 and other than the
13changes made to the Illinois Pension Code by Public Act 96-889
14and other than as provided in Section 7.5), executive order or
15administrative regulation relating to wages, hours and
16conditions of employment and employment relations, the
17provisions of this Act or any collective bargaining agreement
18negotiated thereunder shall prevail and control. Nothing in
19this Act shall be construed to replace or diminish the rights
20of employees established by Sections 28 and 28a of the
21Metropolitan Transit Authority Act, Sections 2.15 through 2.19
22of the Regional Transportation Authority Act. The provisions
23of this Act are subject to Section 7.5 of this Act and Section

 

 

SB2447- 2 -LRB102 12748 RJF 18087 b

15 of the State Employees Group Insurance Act of 1971. Nothing
2in this Act shall be construed to replace the necessity of
3complaints against a sworn peace officer, as defined in
4Section 2(a) of the Uniform Peace Officer Disciplinary Act,
5from having a complaint supported by a sworn affidavit.
6    (b) Except as provided in subsection (a) above, any
7collective bargaining contract between a public employer and a
8labor organization executed pursuant to this Act shall
9supersede any contrary statutes, charters, ordinances, rules
10or regulations relating to wages, hours and conditions of
11employment and employment relations adopted by the public
12employer or its agents. Any collective bargaining agreement
13entered into prior to the effective date of this Act shall
14remain in full force during its duration.
15    (c) It is the public policy of this State, pursuant to
16paragraphs (h) and (i) of Section 6 of Article VII of the
17Illinois Constitution, that the provisions of this Act are the
18exclusive exercise by the State of powers and functions which
19might otherwise be exercised by home rule units. Such powers
20and functions may not be exercised concurrently, either
21directly or indirectly, by any unit of local government,
22including any home rule unit, except as otherwise authorized
23by this Act.
24(Source: P.A. 98-599, eff. 6-1-14.)
 
25    (Text of Section WITHOUT the changes made by P.A. 98-599,

 

 

SB2447- 3 -LRB102 12748 RJF 18087 b

1which has been held unconstitutional)
2    Sec. 15. Act Takes Precedence.
3    (a) In case of any conflict between the provisions of this
4Act and any other law (other than Section 5 of the State
5Employees Group Insurance Act of 1971 and other than the
6changes made to the Illinois Pension Code by this amendatory
7Act of the 96th General Assembly), executive order or
8administrative regulation relating to wages, hours and
9conditions of employment and employment relations, the
10provisions of this Act or any collective bargaining agreement
11negotiated thereunder shall prevail and control. Nothing in
12this Act shall be construed to replace or diminish the rights
13of employees established by Sections 28 and 28a of the
14Metropolitan Transit Authority Act, Sections 2.15 through 2.19
15of the Regional Transportation Authority Act. The provisions
16of this Act are subject to Section 5 of the State Employees
17Group Insurance Act of 1971. Nothing in this Act shall be
18construed to replace the necessity of complaints against a
19sworn peace officer, as defined in Section 2(a) of the Uniform
20Peace Officer Disciplinary Act, from having a complaint
21supported by a sworn affidavit.
22    (a-5) Notwithstanding any provision of law to the
23contrary, the provisions of this Act or any collective
24bargaining agreement negotiated between a public employer and
25the exclusive representative of peace officers thereunder
26shall not take precedence over any conflicting State or local

 

 

SB2447- 4 -LRB102 12748 RJF 18087 b

1law regarding peace officers.
2    (b) Except as provided in subsections (a) and (a-5)
3subsection (a) above, any collective bargaining contract
4between a public employer and a labor organization executed
5pursuant to this Act shall supersede any contrary statutes,
6charters, ordinances, rules or regulations relating to wages,
7hours and conditions of employment and employment relations
8adopted by the public employer or its agents. Any collective
9bargaining agreement entered into prior to the effective date
10of this Act shall remain in full force during its duration.
11    (c) It is the public policy of this State, pursuant to
12paragraphs (h) and (i) of Section 6 of Article VII of the
13Illinois Constitution, that the provisions of this Act are the
14exclusive exercise by the State of powers and functions which
15might otherwise be exercised by home rule units. Such powers
16and functions may not be exercised concurrently, either
17directly or indirectly, by any unit of local government,
18including any home rule unit, except as otherwise authorized
19by this Act.
20(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.)