Full Text of HB6266 99th General Assembly
HB6266ham001 99TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 4/7/2016
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| 1 | | AMENDMENT TO HOUSE BILL 6266
| 2 | | AMENDMENT NO. ______. Amend House Bill 6266 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Labor Relations Act is | 5 | | amended 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, | 8 | | which has been
held unconstitutional)
| 9 | | Sec. 15. Act Takes Precedence. | 10 | | (a) In case of any conflict between the
provisions of this | 11 | | Act and any other law (other than Section 5 of the State | 12 | | Employees Group Insurance Act of 1971 and other than the | 13 | | changes made to the Illinois Pension Code by Public Act 96-889 | 14 | | and other than as provided in Section 7.5), executive order or | 15 | | administrative
regulation relating to wages, hours and | 16 | | conditions of employment and employment
relations, the |
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| 1 | | provisions of this Act or any collective bargaining agreement
| 2 | | negotiated thereunder shall prevail and control.
Nothing in | 3 | | this Act shall be construed to replace or diminish the
rights | 4 | | of employees established by Sections 28 and 28a of the | 5 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | 6 | | of the Regional Transportation
Authority Act. The provisions of | 7 | | this Act are subject to Section 7.5 of this Act and Section 5 | 8 | | of the State Employees Group Insurance Act of 1971. Nothing in | 9 | | this Act shall be construed to replace the necessity of | 10 | | complaints against a sworn peace officer, as defined in Section | 11 | | 2(a) of the Uniform Peace Officer Disciplinary Act, from having | 12 | | a complaint supported by a sworn affidavit.
| 13 | | (b) Except as provided in subsection (a) above, any | 14 | | collective bargaining
contract between a public employer and a | 15 | | labor organization executed pursuant
to this Act shall | 16 | | supersede any contrary statutes, charters, ordinances, rules
| 17 | | or regulations relating to wages, hours and conditions of | 18 | | employment and
employment relations adopted by the public | 19 | | employer or its agents. Any collective
bargaining agreement | 20 | | entered into prior to the effective date of this Act
shall | 21 | | remain in full force during its duration.
| 22 | | (c) It is the public policy of this State, pursuant to | 23 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 24 | | Illinois Constitution, that the
provisions of this Act are the | 25 | | exclusive exercise by the State of powers
and functions which | 26 | | might otherwise be exercised by home rule units. Such
powers |
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| 1 | | and functions may not be exercised concurrently, either | 2 | | directly
or indirectly, by any unit of local government, | 3 | | including any home rule
unit, except as otherwise authorized by | 4 | | this Act.
| 5 | | (Source: P.A. 98-599, eff. 6-1-14 .)
| 6 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 7 | | which has been
held unconstitutional)
| 8 | | Sec. 15. Act Takes Precedence. | 9 | | (a) In case of any conflict between the
provisions of this | 10 | | Act and any other law (other than Section 5 of the State | 11 | | Employees Group Insurance Act of 1971 and other than the | 12 | | changes made to the Illinois Pension Code by this amendatory | 13 | | Act of the 96th General Assembly), executive order or | 14 | | administrative
regulation relating to wages, hours and | 15 | | conditions of employment and employment
relations, the | 16 | | provisions of this Act or any collective bargaining agreement
| 17 | | negotiated thereunder shall prevail and control.
Nothing in | 18 | | this Act shall be construed to replace or diminish the
rights | 19 | | of employees established by Sections 28 and 28a of the | 20 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | 21 | | of the Regional Transportation
Authority Act. The provisions of | 22 | | this Act are subject to Section 5 of the State Employees Group | 23 | | Insurance Act of 1971. Nothing in this Act shall be construed | 24 | | to replace the necessity of complaints against a sworn peace | 25 | | officer, as defined in Section 2(a) of the Uniform Peace |
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| 1 | | Officer Disciplinary Act, from having a complaint supported by | 2 | | a sworn affidavit.
Nothing in this Act shall be construed to | 3 | | take precedence over Section 25 of the Local Records Act or | 4 | | Section 8 of the Personnel Record Review Act with regard to | 5 | | deletion or destruction of disciplinary reports, letters of | 6 | | reprimand, or other records of disciplinary action of peace | 7 | | officers.
| 8 | | (b) Except as provided in subsection (a) above, any | 9 | | collective bargaining
contract between a public employer and a | 10 | | labor organization executed pursuant
to this Act shall | 11 | | supersede any contrary statutes, charters, ordinances, rules
| 12 | | or regulations relating to wages, hours and conditions of | 13 | | employment and
employment relations adopted by the public | 14 | | employer or its agents. Any collective
bargaining agreement | 15 | | entered into prior to the effective date of this Act
shall | 16 | | remain in full force during its duration.
| 17 | | (c) It is the public policy of this State, pursuant to | 18 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 19 | | Illinois Constitution, that the
provisions of this Act are the | 20 | | exclusive exercise by the State of powers
and functions which | 21 | | might otherwise be exercised by home rule units. Such
powers | 22 | | and functions may not be exercised concurrently, either | 23 | | directly
or indirectly, by any unit of local government, | 24 | | including any home rule
unit, except as otherwise authorized by | 25 | | this Act. | 26 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .) |
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| 1 | | Section 10. The Local Records Act is amended by adding | 2 | | Section 25 as follows: | 3 | | (50 ILCS 205/25 new) | 4 | | Sec. 25. Police misconduct records. All records, both | 5 | | public records and non-public, related to complaints, | 6 | | investigations, and adjudications of police misconduct shall | 7 | | be permanently retained and may not be destroyed. | 8 | | Section 15. The Personnel Record Review Act is amended by | 9 | | changing Section 8 as follows:
| 10 | | (820 ILCS 40/8) (from Ch. 48, par. 2008)
| 11 | | Sec. 8.
Except as otherwise provided in this Section, an An | 12 | | employer shall review a personnel record before releasing
| 13 | | information to a third party and, except when the release is | 14 | | ordered to
a party in a legal action or arbitration, delete | 15 | | disciplinary reports,
letters of reprimand, or other records of | 16 | | disciplinary action which are
more than 4 years old. An | 17 | | employer shall not delete or destroy disciplinary reports, | 18 | | letters of reprimand, or other records of disciplinary action | 19 | | of peace officers, as defined in Section 3 of the Illinois | 20 | | Public Labor Relations Act.
| 21 | | (Source: P.A. 83-1104.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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