Full Text of SB0404 100th General Assembly
SB0404sam001 100TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 4/5/2018
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| 1 | | AMENDMENT TO SENATE BILL 404
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 404 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 Sections 5 and 15.1 and by adding Section | 6 | | 5.2 as follows:
| 7 | | (5 ILCS 315/5) (from Ch. 48, par. 1605)
| 8 | | Sec. 5. Illinois Labor Relations Board; State Panel; Local | 9 | | Panel.
| 10 | | (a) There is created the Illinois Labor Relations Board. | 11 | | The Board shall
be comprised of 2 panels, to be known as the | 12 | | State Panel and the Local Panel.
| 13 | | (a-5) The State Panel shall have jurisdiction over | 14 | | collective bargaining
matters between employee organizations | 15 | | and the State of Illinois, excluding the
General Assembly of | 16 | | the State of Illinois, between employee organizations and
units |
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| 1 | | of local government and school districts with a population not | 2 | | in excess
of 2 million persons, and between employee | 3 | | organizations and the Regional
Transportation Authority , and | 4 | | as provided under the Illinois Educational Labor Relations Act .
| 5 | | The State Panel shall consist of 5 members appointed by the | 6 | | Governor, with
the advice and consent of the Senate. The | 7 | | Governor shall appoint to the State
Panel only persons who have | 8 | | had a minimum of 5 years of experience directly
related to | 9 | | labor and employment relations in representing public | 10 | | employers or ,
private employers , including, but not limited | 11 | | to, educational employers, or labor organizations , including, | 12 | | but not limited to, those representing educational employees ; | 13 | | or teaching labor or employment
relations; or administering | 14 | | executive orders or regulations applicable to labor
or | 15 | | employment relations. At the time of his or her appointment, | 16 | | each member of
the State Panel shall be an Illinois resident. | 17 | | The Governor shall designate
one member to serve as the | 18 | | Chairman of the State Panel and the Board.
| 19 | | Notwithstanding any other provision of this Section, the | 20 | | term of each
member of the State Panel who was appointed by the | 21 | | Governor and is in office
on June 30, 2003 shall terminate at | 22 | | the close of business on that date or when
all of the successor | 23 | | members to be appointed pursuant to this amendatory Act
of the | 24 | | 93rd General Assembly have been appointed by the Governor, | 25 | | whichever
occurs later. As soon as possible, the Governor shall | 26 | | appoint persons to
fill the vacancies created by this |
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| 1 | | amendatory Act.
| 2 | | The initial appointments under this amendatory Act of the | 3 | | 93rd
General Assembly shall be for terms as follows: The | 4 | | Chairman shall initially
be appointed for a term ending on the | 5 | | 4th Monday in January, 2007;
2 members shall be initially | 6 | | appointed for terms ending on the 4th Monday in
January, 2006; | 7 | | one member shall be initially appointed for a term
ending on | 8 | | the 4th Monday in January, 2005; and one member shall be
| 9 | | initially appointed for a term ending on the 4th Monday in | 10 | | January, 2004. Each
subsequent member shall be appointed for a | 11 | | term of 4 years, commencing on the
4th Monday in January. Upon | 12 | | expiration of the term of office of any appointive
member, that | 13 | | member shall continue to serve until a successor shall be
| 14 | | appointed and qualified. In case of a vacancy, a successor | 15 | | shall be appointed
to serve for the unexpired portion of the | 16 | | term. If the Senate is not in
session at the time the initial | 17 | | appointments are made, the Governor
shall make temporary | 18 | | appointments in the same manner successors are appointed
to | 19 | | fill vacancies. A temporary appointment shall remain in effect | 20 | | no longer
than 20 calendar days after the commencement of the | 21 | | next Senate session.
| 22 | | (b) The Local Panel shall have jurisdiction over collective | 23 | | bargaining
agreement matters between employee organizations | 24 | | and units of local government
with a population in excess of 2 | 25 | | million persons, but excluding the Regional
Transportation | 26 | | Authority.
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| 1 | | The Local Panel shall consist of one person appointed by | 2 | | the Governor with
the advice and consent of the Senate (or, if | 3 | | no such person is appointed, the
Chairman of the State Panel) | 4 | | and two additional members, one appointed by the
Mayor of the | 5 | | City of Chicago and one appointed by the President of the Cook
| 6 | | County Board of Commissioners. Appointees to the Local Panel | 7 | | must have had a
minimum of 5 years of experience directly | 8 | | related to labor and employment
relations in representing | 9 | | public employers, private employers or labor
organizations; or | 10 | | teaching labor or employment relations; or administering
| 11 | | executive orders or regulations applicable to labor or | 12 | | employment relations.
Each member of the Local Panel shall be | 13 | | an Illinois resident at the time of
his or her appointment. The | 14 | | member appointed by the Governor (or, if no such
person is | 15 | | appointed, the Chairman of the State Panel) shall serve as the
| 16 | | Chairman of the Local Panel.
| 17 | | Notwithstanding any other provision of this Section, the | 18 | | term of the
member of the Local Panel who was appointed by the | 19 | | Governor and is in office
on June 30, 2003 shall terminate at | 20 | | the close of business on that date or when
his or her successor | 21 | | has been appointed by the Governor, whichever occurs
later. As | 22 | | soon as possible, the Governor shall appoint a person to fill | 23 | | the
vacancy created by this amendatory Act. The initial | 24 | | appointment under this
amendatory Act of the 93rd General | 25 | | Assembly shall be for a term ending on the
4th Monday in | 26 | | January, 2007.
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| 1 | | The initial appointments under this amendatory Act of the | 2 | | 91st General
Assembly shall be for terms as follows: The member | 3 | | appointed by the Governor
shall initially be appointed for a | 4 | | term ending on the 4th Monday in January,
2001; the member | 5 | | appointed by the President of the Cook County Board shall be
| 6 | | initially appointed for a term ending on the 4th Monday in | 7 | | January, 2003; and
the member appointed by the Mayor of the | 8 | | City of Chicago shall be initially
appointed for a term ending | 9 | | on the 4th Monday in January, 2004. Each
subsequent member | 10 | | shall be appointed for a term of 4 years, commencing
on the 4th | 11 | | Monday in January. Upon expiration of the term of office of any
| 12 | | appointive member, the member shall continue to serve until a | 13 | | successor shall
be appointed and qualified. In the case of a | 14 | | vacancy, a successor shall be
appointed by the applicable | 15 | | appointive authority to serve for the unexpired
portion of the | 16 | | term.
| 17 | | (c) Three members of the State Panel shall at all times | 18 | | constitute
a quorum. Two members of the Local Panel shall at | 19 | | all times constitute a
quorum. A vacancy on a panel does not | 20 | | impair the right of the remaining
members to exercise all of | 21 | | the powers of that panel. Each panel shall adopt an
official | 22 | | seal which shall be judicially noticed. The salary of the | 23 | | Chairman of
the State Panel shall be $50,000 $82,429 per year, | 24 | | or as set by the Compensation Review
Board, whichever is | 25 | | greater, and that of the other members of the State and
Local | 26 | | Panels shall be $45,000 $74,188 per year , or as set by the |
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| 1 | | Compensation Review
Board, whichever is greater .
| 2 | | (d) Each member shall devote his or her entire time to the | 3 | | duties of
the office, and shall hold no other office or | 4 | | position of profit, nor engage
in any other business, | 5 | | employment, or vocation.
No member shall hold any other public | 6 | | office or be employed as a labor
or management representative | 7 | | by the State or any political subdivision of
the State or of | 8 | | any department or agency thereof or any public or private | 9 | | school, college, or university , or actively represent or act
on | 10 | | behalf of an employer or an employee organization or an | 11 | | employer in labor
relations matters. Any member of the State | 12 | | Panel may be removed
from office by the Governor for | 13 | | inefficiency,
neglect of duty, misconduct or malfeasance in | 14 | | office, and for no other cause,
and only upon notice and | 15 | | hearing. Any member of the Local Panel
may be removed from | 16 | | office by the applicable appointive authority for
| 17 | | inefficiency, neglect of duty, misconduct or malfeasance in | 18 | | office, and for no
other cause, and only upon notice and | 19 | | hearing.
| 20 | | (e) Each panel at the end of every State fiscal
year shall | 21 | | make a report in writing to the Governor and the General | 22 | | Assembly,
stating in detail the work it has done in hearing and | 23 | | deciding cases and
otherwise.
| 24 | | (f) In order to accomplish the objectives and carry out the | 25 | | duties
prescribed by this Act, a panel or its
authorized | 26 | | designees may hold elections to determine whether a labor
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| 1 | | organization has majority status; investigate and attempt to | 2 | | resolve or settle
charges of unfair labor practices; hold | 3 | | hearings in order to carry out its
functions; develop and | 4 | | effectuate appropriate impasse resolution procedures for
| 5 | | purposes of resolving labor disputes; require the appearance of | 6 | | witnesses and
the production of evidence on any matter under | 7 | | inquiry; and administer oaths
and affirmations. The panels | 8 | | shall sign and report in
full an opinion in every case which | 9 | | they decide.
| 10 | | (g) Each panel may appoint or employ an executive
director, | 11 | | attorneys, hearing officers, mediators, fact-finders, | 12 | | arbitrators,
and such other employees as it may deem necessary | 13 | | to perform
its functions. The governing boards shall prescribe | 14 | | the duties
and qualifications of such persons appointed and, | 15 | | subject to the annual
appropriation, fix their compensation and | 16 | | provide for reimbursement of actual
and necessary expenses | 17 | | incurred in the performance of their duties. The Board shall | 18 | | employ a minimum of 16 attorneys and 6 investigators.
| 19 | | (h) Each panel shall exercise general supervision
over all | 20 | | attorneys which it employs and over the other persons employed | 21 | | to
provide necessary support services for such attorneys. The | 22 | | panels shall have final authority in respect to complaints
| 23 | | brought pursuant to this Act.
| 24 | | (i) The following rules and regulations shall be adopted by | 25 | | the panels meeting in joint session: (1) procedural rules and
| 26 | | regulations which shall govern all Board proceedings; (2) |
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| 1 | | procedures for
election of exclusive bargaining | 2 | | representatives pursuant to Section 9, except
for the | 3 | | determination of appropriate bargaining units; and (3) | 4 | | appointment
of counsel pursuant to subsection (k) of this | 5 | | Section.
| 6 | | (j) Rules and regulations may be adopted, amended or | 7 | | rescinded only
upon a vote of 5 of the members of the State and | 8 | | Local Panels meeting
in joint session. The adoption,
amendment | 9 | | or rescission of rules and regulations shall be in conformity | 10 | | with
the requirements of the Illinois Administrative Procedure | 11 | | Act.
| 12 | | (k) The panels in joint session shall promulgate
rules and | 13 | | regulations providing for the appointment of attorneys or other | 14 | | Board
representatives to represent persons in unfair labor | 15 | | practice proceedings
before a panel. The regulations governing | 16 | | appointment
shall require the applicant to demonstrate an | 17 | | inability to pay for or inability
to otherwise provide for | 18 | | adequate representation before a panel. Such rules
must also | 19 | | provide: (1) that an attorney may not be
appointed in cases | 20 | | which, in the opinion of a panel, are clearly
without merit; | 21 | | (2) the stage of the unfair labor proceeding at which counsel
| 22 | | will be appointed; and (3) the circumstances under which a | 23 | | client will be
allowed to select counsel.
| 24 | | (1) The panels in joint session may promulgate
rules and | 25 | | regulations which allow parties in proceedings before a panel | 26 | | to be represented by counsel or any other representative
of the |
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| 1 | | party's choice.
| 2 | | (m) The Chairman of the State Panel shall serve
as Chairman | 3 | | of a joint session of the panels.
Attendance of at least 2 | 4 | | members of the State Panel and at least one
member of the Local | 5 | | Panel, in addition to
the Chairman, shall constitute a quorum | 6 | | at a joint session. The panels shall
meet in joint session at | 7 | | least annually.
| 8 | | (Source: P.A. 96-813, eff. 10-30-09.)
| 9 | | (5 ILCS 315/5.2 new) | 10 | | Sec. 5.2. Transfer from Illinois Educational Labor | 11 | | Relations Board. | 12 | | (a) On the effective date of this amendatory Act of the | 13 | | 100th General Assembly, all powers, duties,
rights, and | 14 | | responsibilities of the Illinois Educational Labor Relations | 15 | | Board under the Illinois Educational Labor Relations Act are | 16 | | transferred to the Illinois Public Labor Relations Board. The | 17 | | powers, duties, rights, and responsibilities transferred from | 18 | | the Illinois Educational Labor Relations Board to the Illinois | 19 | | Public Labor Relations Board by this amendatory Act shall be | 20 | | vested in and shall be exercised by the Illinois Public Labor | 21 | | Relations Board. | 22 | | (b) Except for members of the Illinois Educational Labor | 23 | | Relations Board, the personnel of the Illinois Educational | 24 | | Labor Relations Board with duties related to the powers, | 25 | | duties,
rights, and responsibilities transferred under this |
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| 1 | | amendatory Act shall be transferred to the Illinois Public | 2 | | Labor Relations Board. The status and rights of such employees | 3 | | under the Personnel Code shall not be affected by the transfer. | 4 | | The rights of the employees and the State of Illinois and its | 5 | | agencies under the Personnel Code and applicable collective | 6 | | bargaining agreements or under any pension, retirement, or | 7 | | annuity plan shall not be affected by this amendatory Act. | 8 | | (c) All books, records, papers, documents, property (real | 9 | | and personal), contracts, causes of action, and pending | 10 | | business pertaining to the powers, duties, rights, and | 11 | | responsibilities transferred by this amendatory Act from the | 12 | | Illinois Educational Labor Relations Board to the Illinois | 13 | | Public Labor Relations Board, including, but not limited to, | 14 | | material in electronic or magnetic format and necessary | 15 | | computer hardware and software, are transferred to the Illinois | 16 | | Public Labor Relations Board. | 17 | | (d) All unexpended appropriations and balances and other | 18 | | funds available for use by the Illinois Educational Labor | 19 | | Relations Board related to the powers, duties, rights, and | 20 | | responsibilities transferred by this amendatory Act are | 21 | | transferred for use by the Illinois Public Labor Relations | 22 | | Board pursuant to the direction of the Governor. Unexpended | 23 | | balances so transferred shall be expended only for the purpose | 24 | | for which the appropriations were originally made. | 25 | | (e) Whenever reports or notices are now required to be made | 26 | | or given or papers or documents furnished or served by any |
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| 1 | | person to or upon the Illinois Educational Labor Relations | 2 | | Board in connection with any of the powers, duties, rights, and | 3 | | responsibilities transferred by this amendatory Act, the same | 4 | | shall be made, given, furnished, or served in the same manner | 5 | | to or upon the Illinois Public Labor Relations Board. | 6 | | (f) This amendatory Act does not affect any act done, | 7 | | ratified, or canceled or any right occurring or established or | 8 | | any action or proceeding had or commenced in an administrative, | 9 | | civil, or criminal cause by the Illinois Educational Labor | 10 | | Relations Board before this amendatory Act takes effect; to the | 11 | | extent that such actions or proceedings relate to any of the | 12 | | powers, duties, rights, and responsibilities transferred by | 13 | | this amendatory Act, the same may be prosecuted and continued | 14 | | by the Illinois Public Labor Relations Board. | 15 | | (g) Any rules of the Illinois Educational Labor Relations | 16 | | Board that relate to any of the powers, duties, rights, and | 17 | | responsibilities transferred by this amendatory Act and are in | 18 | | full force on the effective date of this amendatory Act become | 19 | | the rules of the Illinois Public Labor Relations Board. This | 20 | | amendatory Act does not affect the legality of any such rules | 21 | | in the Illinois Administrative Code. | 22 | | Any proposed rules filed with the Secretary of State by the | 23 | | Illinois Educational Labor Relations Board that are pending in | 24 | | the rulemaking process on the effective date of this amendatory | 25 | | Act and pertain to the powers, duties,
rights, and | 26 | | responsibilities transferred, are deemed to have been filed by |
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| 1 | | the Illinois Public Labor Relations Board. As soon as | 2 | | practicable hereafter, the Illinois Public Labor Relations | 3 | | Board shall revise and clarify the rules transferred to it | 4 | | under this amendatory Act to reflect the reorganization of | 5 | | powers, duties,
rights, and responsibilities affected by this | 6 | | amendatory Act, using the procedures for recodification of | 7 | | rules available under the Illinois Administrative Procedure | 8 | | Act, except that existing title, part, and section numbering | 9 | | for the affected rules may be retained. The Illinois Public | 10 | | Labor Relations Board may propose and adopt under the Illinois | 11 | | Administrative Procedure Act such other rules of the Illinois | 12 | | Educational Labor Relations Board that will now be administered | 13 | | by the Illinois Public Labor Relations Board.
| 14 | | (5 ILCS 315/15.1) (from Ch. 48, par. 1615.1)
| 15 | | Sec. 15.1. Precedents established by other labor boards.
| 16 | | Unless contradicted by administrative precedent previously | 17 | | established by
the State Panel, all final decisions in | 18 | | representation and unfair
labor practice cases decided by the | 19 | | Local Panel and the former Illinois
Educational Labor Relations | 20 | | Board created under the Illinois Educational Labor
Relations | 21 | | Act which have not been reversed by subsequent court rulings, | 22 | | shall
be considered, but need not be followed by the State | 23 | | Panel.
| 24 | | Unless contradicted by administrative precedent previously | 25 | | established by
the Local Panel, all final decisions in |
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| 1 | | representation and unfair
labor practice cases decided by the | 2 | | State Panel and the former Illinois
Educational Labor Relations | 3 | | Board which have not been reversed by subsequent
court rulings, | 4 | | shall be considered, but need not be followed by the Local
| 5 | | Panel.
| 6 | | (Source: P.A. 91-798, eff. 7-9-00.)
| 7 | | Section 10. The State Officials and Employees Ethics Act is | 8 | | amended by changing Section 5-50 as follows: | 9 | | (5 ILCS 430/5-50)
| 10 | | Sec. 5-50. Ex parte communications; special government | 11 | | agents.
| 12 | | (a) This Section applies to ex
parte communications made to | 13 | | any agency listed in subsection (e).
| 14 | | (b) "Ex parte communication" means any written or oral | 15 | | communication by any
person
that imparts or requests material
| 16 | | information
or makes a material argument regarding
potential | 17 | | action concerning regulatory, quasi-adjudicatory, investment, | 18 | | or
licensing
matters pending before or under consideration by | 19 | | the agency.
"Ex parte
communication" does not include the | 20 | | following: (i) statements by
a person publicly made in a public | 21 | | forum; (ii) statements regarding
matters of procedure and | 22 | | practice, such as format, the
number of copies required, the | 23 | | manner of filing, and the status
of a matter; and (iii) | 24 | | statements made by a
State employee of the agency to the agency |
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| 1 | | head or other employees of that
agency.
| 2 | | (b-5) An ex parte communication received by an agency,
| 3 | | agency head, or other agency employee from an interested party | 4 | | or
his or her official representative or attorney shall | 5 | | promptly be
memorialized and made a part of the record.
| 6 | | (c) An ex parte communication received by any agency, | 7 | | agency head, or
other agency
employee, other than an ex parte | 8 | | communication described in subsection (b-5),
shall immediately | 9 | | be reported to that agency's ethics officer by the recipient
of | 10 | | the communication and by any other employee of that agency who | 11 | | responds to
the communication. The ethics officer shall require | 12 | | that the ex parte
communication
be promptly made a part of the | 13 | | record. The ethics officer shall promptly
file the ex parte | 14 | | communication with the
Executive Ethics Commission, including | 15 | | all written
communications, all written responses to the | 16 | | communications, and a memorandum
prepared by the ethics officer | 17 | | stating the nature and substance of all oral
communications, | 18 | | the identity and job title of the person to whom each
| 19 | | communication was made,
all responses made, the identity and | 20 | | job title of the person making each
response,
the identity of | 21 | | each person from whom the written or oral ex parte
| 22 | | communication was received, the individual or entity | 23 | | represented by that
person, any action the person requested or | 24 | | recommended, and any other pertinent
information.
The | 25 | | disclosure shall also contain the date of any
ex parte | 26 | | communication.
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| 1 | | (d) "Interested party" means a person or entity whose | 2 | | rights,
privileges, or interests are the subject of or are | 3 | | directly affected by
a regulatory, quasi-adjudicatory, | 4 | | investment, or licensing matter.
| 5 | | (e) This Section applies to the following agencies:
| 6 | | Executive Ethics Commission
| 7 | | Illinois Commerce Commission
| 8 | | Educational Labor Relations Board
| 9 | | State Board of Elections
| 10 | | Illinois Gaming Board
| 11 | | Health Facilities and Services Review Board
| 12 | | Illinois Workers' Compensation Commission
| 13 | | Illinois Labor Relations Board
| 14 | | Illinois Liquor Control Commission
| 15 | | Pollution Control Board
| 16 | | Property Tax Appeal Board
| 17 | | Illinois Racing Board
| 18 | | Illinois Purchased Care Review Board
| 19 | | Department of State Police Merit Board
| 20 | | Motor Vehicle Review Board
| 21 | | Prisoner Review Board
| 22 | | Civil Service Commission
| 23 | | Personnel Review Board for the Treasurer
| 24 | | Merit Commission for the Secretary of State
| 25 | | Merit Commission for the Office of the Comptroller
| 26 | | Court of Claims
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| 1 | | Board of Review of the Department of Employment Security
| 2 | | Department of Insurance
| 3 | | Department of Professional Regulation and licensing boards
| 4 | | under the Department
| 5 | | Department of Public Health and licensing boards under the
| 6 | | Department
| 7 | | Office of Banks and Real Estate and licensing boards under
| 8 | | the Office
| 9 | | State Employees Retirement System Board of Trustees
| 10 | | Judges Retirement System Board of Trustees
| 11 | | General Assembly Retirement System Board of Trustees
| 12 | | Illinois Board of Investment
| 13 | | State Universities Retirement System Board of Trustees
| 14 | | Teachers Retirement System Officers Board of Trustees
| 15 | | (f) Any person who fails to (i) report an ex parte | 16 | | communication to an
ethics officer, (ii) make information part | 17 | | of the record, or (iii) make a
filing
with the Executive Ethics | 18 | | Commission as required by this Section or as required
by
| 19 | | Section 5-165 of the Illinois Administrative Procedure Act | 20 | | violates this Act.
| 21 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.) | 22 | | Section 15. The Task Force on Inventorying Employment | 23 | | Restrictions Act is amended by changing Section 10 as follows: | 24 | | (20 ILCS 5000/10) |
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| 1 | | Sec. 10. Definitions. As used in this Act: | 2 | | "State agencies" shall mean the following State agencies, | 3 | | boards, and commissions: Department on Aging, Department of | 4 | | Agriculture, Office of Appellate Defender, Office of the | 5 | | State's Attorneys Appellate Prosecutor, Illinois Arts Council, | 6 | | Office of the Attorney General, Auditor General, Capital | 7 | | Development Board, Department of Central Management Services, | 8 | | Department of Children and Family Services, Civil Service | 9 | | Commission, Illinois Department of Commerce and Economic | 10 | | Opportunity, Illinois Commerce Commission, Illinois Community | 11 | | College Board, State of Illinois Comprehensive Health | 12 | | Insurance Plan, Office of the Comptroller, Department of | 13 | | Corrections, Criminal Justice Information Authority, Illinois | 14 | | Council on Developmental Disabilities, Illinois Deaf and Hard | 15 | | of Hearing Commission, Commission on Discrimination and Hate | 16 | | Crimes, State Board of Education, Illinois Educational Labor | 17 | | Relations Board, State Board of Elections, Illinois Emergency | 18 | | Management Agency, Department of Employment Security, | 19 | | Environmental Protection Agency, Illinois State Fair, Illinois | 20 | | Finance Authority, Department of Financial and Professional | 21 | | Regulation, Office of the First Lady, Illinois Gaming Board, | 22 | | Office of the Governor, Guardianship and Advocacy Commission, | 23 | | Department of Healthcare and Family Services, Board of Higher | 24 | | Education, Historic Preservation Agency, Illinois Housing | 25 | | Development Authority, Illinois Human Rights Commission, | 26 | | Department of Human Rights, Department of Human Services, |
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| 1 | | Illinois State Board of Investment, Department of Juvenile | 2 | | Justice, Office of the Lieutenant Governor, Department of | 3 | | Labor, Illinois Labor Relations Board, Illinois Law | 4 | | Enforcement Training Standards Board, Illinois Liquor Control | 5 | | Commission, Illinois Lottery, Governor's Office of Management | 6 | | and Budget, Illinois Medical District Commission, Department | 7 | | of Military Affairs, Department of Natural Resources, | 8 | | Pollution Control Board, Prairie State 2000 Authority, | 9 | | Property Tax Appeal Board, Department of Public Health, | 10 | | Illinois Prisoner Review Board, Illinois Racing Board, | 11 | | Department of Revenue, Office of the Secretary of State, State | 12 | | Fire Marshal, Illinois State Police, State Police Merit Board, | 13 | | State Retirement Systems, Office of the State Treasurer, State | 14 | | Universities Civil Service System, State Universities | 15 | | Retirement System, Illinois Student Assistance Commission, | 16 | | Illinois Supreme Court, Illinois Teachers' Retirement System, | 17 | | Illinois State Toll Highway Authority, Department of | 18 | | Transportation, Department of Veterans' Affairs, Governor's | 19 | | Office of Women's Affairs, and Illinois Workers' Compensation | 20 | | Commission.
| 21 | | (Source: P.A. 100-143, eff. 1-1-18 .) | 22 | | Section 20. The State Revenue Sharing Act is amended by | 23 | | changing Section 12 as follows:
| 24 | | (30 ILCS 115/12) (from Ch. 85, par. 616)
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| 1 | | Sec. 12. Personal Property Tax Replacement Fund. There is | 2 | | hereby
created the Personal Property Tax Replacement Fund, a | 3 | | special fund in
the State Treasury into which shall be paid all | 4 | | revenue realized:
| 5 | | (a) all amounts realized from the additional personal | 6 | | property tax
replacement income tax imposed by subsections (c) | 7 | | and (d) of Section 201 of the
Illinois Income Tax Act, except | 8 | | for those amounts deposited into the Income Tax
Refund Fund | 9 | | pursuant to subsection (c) of Section 901 of the Illinois | 10 | | Income
Tax Act; and
| 11 | | (b) all amounts realized from the additional personal | 12 | | property replacement
invested capital taxes imposed by Section | 13 | | 2a.1 of the Messages Tax
Act, Section 2a.1 of the Gas Revenue | 14 | | Tax Act, Section 2a.1 of the Public
Utilities Revenue Act, and | 15 | | Section 3 of the Water Company Invested Capital
Tax Act, and | 16 | | amounts payable to the Department of Revenue under the
| 17 | | Telecommunications Infrastructure Maintenance Fee Act.
| 18 | | As soon as may be after the end of each month, the | 19 | | Department of Revenue
shall certify to the Treasurer and the | 20 | | Comptroller the amount of all refunds
paid out of the General | 21 | | Revenue Fund through the preceding month on account
of | 22 | | overpayment of liability on taxes paid into the Personal | 23 | | Property Tax
Replacement Fund. Upon receipt of such | 24 | | certification, the Treasurer and
the Comptroller shall | 25 | | transfer the amount so certified from the Personal
Property Tax | 26 | | Replacement Fund into the General Revenue Fund.
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| 1 | | The payments of revenue into the Personal Property Tax | 2 | | Replacement Fund
shall be used exclusively for distribution to | 3 | | taxing districts, regional offices and officials, and local | 4 | | officials as provided
in this Section and in the School Code, | 5 | | payment of the ordinary and contingent expenses of the Property | 6 | | Tax Appeal Board, payment of the expenses of the Department of | 7 | | Revenue incurred
in administering the collection and | 8 | | distribution of monies paid into the
Personal Property Tax | 9 | | Replacement Fund and transfers due to refunds to
taxpayers for | 10 | | overpayment of liability for taxes paid into the Personal
| 11 | | Property Tax Replacement Fund.
| 12 | | In addition, moneys in the Personal Property Tax
| 13 | | Replacement Fund may be used to pay any of the following: (i) | 14 | | salary, stipends, and additional compensation as provided by | 15 | | law for chief election clerks, county clerks, and county | 16 | | recorders; (ii) costs associated with regional offices of | 17 | | education and educational service centers; (iii) | 18 | | reimbursements payable by the State Board of Elections under | 19 | | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the | 20 | | Election Code; (iv) expenses of the Illinois Public Labor | 21 | | Relations Board under the Illinois Educational Labor Relations | 22 | | Act Board ; and (v) salary, personal services, and additional | 23 | | compensation as provided by law for court reporters under the | 24 | | Court Reporters Act. | 25 | | As soon as may be after the effective date of this | 26 | | amendatory Act of 1980,
the Department of Revenue shall certify |
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| 1 | | to the Treasurer the amount of net
replacement revenue paid | 2 | | into the General Revenue Fund prior to that effective
date from | 3 | | the additional tax imposed by Section 2a.1 of the Messages Tax
| 4 | | Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of | 5 | | the Public
Utilities Revenue Act; Section 3 of the Water | 6 | | Company Invested Capital Tax Act;
amounts collected by the | 7 | | Department of Revenue under the Telecommunications | 8 | | Infrastructure Maintenance Fee Act; and the
additional | 9 | | personal
property tax replacement income tax imposed by
the | 10 | | Illinois Income Tax Act, as amended by Public
Act 81-1st | 11 | | Special Session-1. Net replacement revenue shall be defined as
| 12 | | the total amount paid into and remaining in the General Revenue | 13 | | Fund as a
result of those Acts minus the amount outstanding and | 14 | | obligated from the
General Revenue Fund in state vouchers or | 15 | | warrants prior to the effective
date of this amendatory Act of | 16 | | 1980 as refunds to taxpayers for overpayment
of liability under | 17 | | those Acts.
| 18 | | All interest earned by monies accumulated in the Personal | 19 | | Property
Tax Replacement Fund shall be deposited in such Fund. | 20 | | All amounts allocated
pursuant to this Section are appropriated | 21 | | on a continuing basis.
| 22 | | Prior to December 31, 1980, as soon as may be after the end | 23 | | of each quarter
beginning with the quarter ending December 31, | 24 | | 1979, and on and after
December 31, 1980, as soon as may be | 25 | | after January 1, March 1, April 1, May
1, July 1, August 1, | 26 | | October 1 and December 1 of each year, the Department
of |
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| 1 | | Revenue shall allocate to each taxing district as defined in | 2 | | Section 1-150
of the Property Tax Code, in accordance with
the | 3 | | provisions of paragraph (2) of this Section the portion of the | 4 | | funds held
in the Personal Property Tax Replacement Fund which | 5 | | is required to be
distributed, as provided in paragraph (1), | 6 | | for each quarter. Provided,
however, under no circumstances | 7 | | shall any taxing district during each of the
first two years of | 8 | | distribution of the taxes imposed by this amendatory Act of
| 9 | | 1979 be entitled to an annual allocation which is less than the | 10 | | funds such
taxing district collected from the 1978 personal | 11 | | property tax. Provided further
that under no circumstances | 12 | | shall any taxing district during the third year of
distribution | 13 | | of the taxes imposed by this amendatory Act of 1979 receive | 14 | | less
than 60% of the funds such taxing district collected from | 15 | | the 1978 personal
property tax. In the event that the total of | 16 | | the allocations made as above
provided for all taxing | 17 | | districts, during either of such 3 years, exceeds the
amount | 18 | | available for distribution the allocation of each taxing | 19 | | district shall
be proportionately reduced. Except as provided | 20 | | in Section 13 of this Act, the
Department shall then certify, | 21 | | pursuant to appropriation, such allocations to
the State | 22 | | Comptroller who shall pay over to the several taxing districts | 23 | | the
respective amounts allocated to them.
| 24 | | Any township which receives an allocation based in whole or | 25 | | in part upon
personal property taxes which it levied pursuant | 26 | | to Section 6-507 or 6-512
of the Illinois Highway Code and |
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| 1 | | which was previously
required to be paid
over to a municipality | 2 | | shall immediately pay over to that municipality a
proportionate | 3 | | share of the personal property replacement funds which such
| 4 | | township receives.
| 5 | | Any municipality or township, other than a municipality | 6 | | with a population
in excess of 500,000, which receives an | 7 | | allocation based in whole or in
part on personal property taxes | 8 | | which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the | 9 | | Illinois Local Library Act and which was
previously
required to | 10 | | be paid over to a public library shall immediately pay over
to | 11 | | that library a proportionate share of the personal property tax | 12 | | replacement
funds which such municipality or township | 13 | | receives; provided that if such
a public library has converted | 14 | | to a library organized under The Illinois
Public Library | 15 | | District Act, regardless of whether such conversion has
| 16 | | occurred on, after or before January 1, 1988, such | 17 | | proportionate share
shall be immediately paid over to the | 18 | | library district which maintains and
operates the library. | 19 | | However, any library that has converted prior to January
1, | 20 | | 1988, and which hitherto has not received the personal property | 21 | | tax
replacement funds, shall receive such funds commencing on | 22 | | January 1, 1988.
| 23 | | Any township which receives an allocation based in whole or | 24 | | in part on
personal property taxes which it levied pursuant to | 25 | | Section 1c of the Public
Graveyards Act and which taxes were | 26 | | previously required to be paid
over to or used for such public |
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| 1 | | cemetery or cemeteries shall immediately
pay over to or use for | 2 | | such public cemetery or cemeteries a proportionate
share of the | 3 | | personal property tax replacement funds which the township
| 4 | | receives.
| 5 | | Any taxing district which receives an allocation based in | 6 | | whole or in
part upon personal property taxes which it levied | 7 | | for another
governmental body or school district in Cook County | 8 | | in 1976 or for
another governmental body or school district in | 9 | | the remainder of the
State in 1977 shall immediately pay over | 10 | | to that governmental body or
school district the amount of | 11 | | personal property replacement funds which
such governmental | 12 | | body or school district would receive directly under
the | 13 | | provisions of paragraph (2) of this Section, had it levied its | 14 | | own
taxes.
| 15 | | (1) The portion of the Personal Property Tax | 16 | | Replacement Fund required to
be
distributed as of the time | 17 | | allocation is required to be made shall be the
amount | 18 | | available in such Fund as of the time allocation is | 19 | | required to be made.
| 20 | | The amount available for distribution shall be the | 21 | | total amount in the
fund at such time minus the necessary | 22 | | administrative and other authorized expenses as limited
by | 23 | | the appropriation and the amount determined by: (a) $2.8 | 24 | | million for
fiscal year 1981; (b) for fiscal year 1982, | 25 | | .54% of the funds distributed
from the fund during the | 26 | | preceding fiscal year; (c) for fiscal year 1983
through |
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| 1 | | fiscal year 1988, .54% of the funds distributed from the | 2 | | fund during
the preceding fiscal year less .02% of such | 3 | | fund for fiscal year 1983 and
less .02% of such funds for | 4 | | each fiscal year thereafter; (d) for fiscal
year 1989 | 5 | | through fiscal year 2011 no more than 105% of the actual | 6 | | administrative expenses
of the prior fiscal year; (e) for | 7 | | fiscal year 2012 and beyond, a sufficient amount to pay (i) | 8 | | stipends, additional compensation, salary reimbursements, | 9 | | and other amounts directed to be paid out of this Fund for | 10 | | local officials as authorized or required by statute and | 11 | | (ii) no more than 105% of the actual administrative | 12 | | expenses of the prior fiscal year, including payment of the | 13 | | ordinary and contingent expenses of the Property Tax Appeal | 14 | | Board and payment of the expenses of the Department of | 15 | | Revenue incurred in administering the collection and | 16 | | distribution of moneys paid into the Fund; (f) for fiscal | 17 | | years 2012 and 2013 only, a sufficient amount to pay | 18 | | stipends, additional compensation, salary reimbursements, | 19 | | and other amounts directed to be paid out of this Fund for | 20 | | regional offices and officials as authorized or required by | 21 | | statute; or (g) for fiscal year 2018 only, a sufficient | 22 | | amount to pay amounts directed to be paid out of this Fund | 23 | | for public community college base operating grants and | 24 | | local health protection grants to certified local health | 25 | | departments as authorized or required by appropriation or | 26 | | statute. Such portion of the fund shall be determined after
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| 1 | | the transfer into the General Revenue Fund due to refunds, | 2 | | if any, paid
from the General Revenue Fund during the | 3 | | preceding quarter. If at any time,
for any reason, there is | 4 | | insufficient amount in the Personal Property
Tax | 5 | | Replacement Fund for payments for regional offices and | 6 | | officials or local officials or payment of costs of | 7 | | administration or for transfers
due to refunds at the end | 8 | | of any particular month, the amount of such
insufficiency | 9 | | shall be carried over for the purposes of payments for | 10 | | regional offices and officials, local officials, transfers | 11 | | into the
General Revenue Fund, and costs of administration | 12 | | to the
following month or months. Net replacement revenue | 13 | | held, and defined above,
shall be transferred by the | 14 | | Treasurer and Comptroller to the Personal Property
Tax | 15 | | Replacement Fund within 10 days of such certification.
| 16 | | (2) Each quarterly allocation shall first be | 17 | | apportioned in the
following manner: 51.65% for taxing | 18 | | districts in Cook County and 48.35%
for taxing districts in | 19 | | the remainder of the State.
| 20 | | The Personal Property Replacement Ratio of each taxing | 21 | | district
outside Cook County shall be the ratio which the Tax | 22 | | Base of that taxing
district bears to the Downstate Tax Base. | 23 | | The Tax Base of each taxing
district outside of Cook County is | 24 | | the personal property tax collections
for that taxing district | 25 | | for the 1977 tax year. The Downstate Tax Base
is the personal | 26 | | property tax collections for all taxing districts in the
State |
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| 1 | | outside of Cook County for the 1977 tax year. The Department of
| 2 | | Revenue shall have authority to review for accuracy and | 3 | | completeness the
personal property tax collections for each | 4 | | taxing district outside Cook
County for the 1977 tax year.
| 5 | | The Personal Property Replacement Ratio of each Cook County | 6 | | taxing
district shall be the ratio which the Tax Base of that | 7 | | taxing district
bears to the Cook County Tax Base. The Tax Base | 8 | | of each Cook County
taxing district is the personal property | 9 | | tax collections for that taxing
district for the 1976 tax year. | 10 | | The Cook County Tax Base is the
personal property tax | 11 | | collections for all taxing districts in Cook
County for the | 12 | | 1976 tax year. The Department of Revenue shall have
authority | 13 | | to review for accuracy and completeness the personal property | 14 | | tax
collections for each taxing district within Cook County for | 15 | | the 1976 tax year.
| 16 | | For all purposes of this Section 12, amounts paid to a | 17 | | taxing district
for such tax years as may be applicable by a | 18 | | foreign corporation under the
provisions of Section 7-202 of | 19 | | the Public Utilities Act, as amended,
shall be deemed to be | 20 | | personal property taxes collected by such taxing district
for | 21 | | such tax years as may be applicable. The Director shall | 22 | | determine from the
Illinois Commerce Commission, for any tax | 23 | | year as may be applicable, the
amounts so paid by any such | 24 | | foreign corporation to any and all taxing
districts. The | 25 | | Illinois Commerce Commission shall furnish such information to
| 26 | | the Director. For all purposes of this Section 12, the Director |
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| 1 | | shall deem such
amounts to be collected personal property taxes | 2 | | of each such taxing district
for the applicable tax year or | 3 | | years.
| 4 | | Taxing districts located both in Cook County and in one or | 5 | | more other
counties shall receive both a Cook County allocation | 6 | | and a Downstate
allocation determined in the same way as all | 7 | | other taxing districts.
| 8 | | If any taxing district in existence on July 1, 1979 ceases | 9 | | to exist,
or discontinues its operations, its Tax Base shall | 10 | | thereafter be deemed
to be zero. If the powers, duties and | 11 | | obligations of the discontinued
taxing district are assumed by | 12 | | another taxing district, the Tax Base of
the discontinued | 13 | | taxing district shall be added to the Tax Base of the
taxing | 14 | | district assuming such powers, duties and obligations.
| 15 | | If two or more taxing districts in existence on July 1, | 16 | | 1979, or a
successor or successors thereto shall consolidate | 17 | | into one taxing
district, the Tax Base of such consolidated | 18 | | taxing district shall be the
sum of the Tax Bases of each of | 19 | | the taxing districts which have consolidated.
| 20 | | If a single taxing district in existence on July 1, 1979, | 21 | | or a
successor or successors thereto shall be divided into two | 22 | | or more
separate taxing districts, the tax base of the taxing | 23 | | district so
divided shall be allocated to each of the resulting | 24 | | taxing districts in
proportion to the then current equalized | 25 | | assessed value of each resulting
taxing district.
| 26 | | If a portion of the territory of a taxing district is |
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| 1 | | disconnected
and annexed to another taxing district of the same | 2 | | type, the Tax Base of
the taxing district from which | 3 | | disconnection was made shall be reduced
in proportion to the | 4 | | then current equalized assessed value of the disconnected
| 5 | | territory as compared with the then current equalized assessed | 6 | | value within the
entire territory of the taxing district prior | 7 | | to disconnection, and the
amount of such reduction shall be | 8 | | added to the Tax Base of the taxing
district to which | 9 | | annexation is made.
| 10 | | If a community college district is created after July 1, | 11 | | 1979,
beginning on the effective date of this amendatory Act of | 12 | | 1995, its Tax Base
shall be 3.5% of the sum of the personal | 13 | | property tax collected for the
1977 tax year within the | 14 | | territorial jurisdiction of the district.
| 15 | | The amounts allocated and paid to taxing districts pursuant | 16 | | to
the provisions of this amendatory Act of 1979 shall be | 17 | | deemed to be
substitute revenues for the revenues derived from | 18 | | taxes imposed on
personal property pursuant to the provisions | 19 | | of the "Revenue Act of
1939" or "An Act for the assessment and | 20 | | taxation of private car line
companies", approved July 22, | 21 | | 1943, as amended, or Section 414 of the
Illinois Insurance | 22 | | Code, prior to the abolition of such taxes and shall
be used | 23 | | for the same purposes as the revenues derived from ad valorem
| 24 | | taxes on real estate.
| 25 | | Monies received by any taxing districts from the Personal | 26 | | Property
Tax Replacement Fund shall be first applied toward |
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| 1 | | payment of the proportionate
amount of debt service which was | 2 | | previously levied and collected from
extensions against | 3 | | personal property on bonds outstanding as of December 31,
1978 | 4 | | and next applied toward payment of the proportionate share of | 5 | | the pension
or retirement obligations of the taxing district | 6 | | which were previously levied
and collected from extensions | 7 | | against personal property. For each such
outstanding bond | 8 | | issue, the County Clerk shall determine the percentage of the
| 9 | | debt service which was collected from extensions against real | 10 | | estate in the
taxing district for 1978 taxes payable in 1979, | 11 | | as related to the total amount
of such levies and collections | 12 | | from extensions against both real and personal
property. For | 13 | | 1979 and subsequent years' taxes, the County Clerk shall levy
| 14 | | and extend taxes against the real estate of each taxing | 15 | | district which will
yield the said percentage or percentages of | 16 | | the debt service on such
outstanding bonds. The balance of the | 17 | | amount necessary to fully pay such debt
service shall | 18 | | constitute a first and prior lien upon the monies
received by | 19 | | each such taxing district through the Personal Property Tax
| 20 | | Replacement Fund and shall be first applied or set aside for | 21 | | such purpose.
In counties having fewer than 3,000,000 | 22 | | inhabitants, the amendments to
this paragraph as made by this | 23 | | amendatory Act of 1980 shall be first
applicable to 1980 taxes | 24 | | to be collected in 1981.
| 25 | | (Source: P.A. 100-23, eff. 7-6-17.)
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| 1 | | Section 25. The Illinois Pension Code is amended by | 2 | | changing Section 15-139 as follows:
| 3 | | (40 ILCS 5/15-139) (from Ch. 108 1/2, par. 15-139)
| 4 | | Sec. 15-139. Retirement annuities; cancellation; suspended | 5 | | during
employment. | 6 | | (a) If an annuitant returns to employment for an employer
| 7 | | within 60 days after the beginning of the retirement annuity | 8 | | payment
period, the retirement annuity shall be cancelled, and | 9 | | the annuitant shall
refund to the System the total amount of | 10 | | the retirement annuity payments
which he or she received. If | 11 | | the retirement annuity is cancelled, the
participant shall | 12 | | continue to participate in the System.
| 13 | | (b) If an annuitant retires prior to age 60 and receives or | 14 | | becomes
entitled to receive during any month compensation in | 15 | | excess of the monthly
retirement annuity (including any | 16 | | automatic annual increases) for services
performed after the | 17 | | date of retirement for any employer under this System, that
| 18 | | portion of the monthly
retirement annuity provided by employer | 19 | | contributions shall not be payable.
| 20 | | If an annuitant retires at age 60 or over and receives
or | 21 | | becomes entitled to receive during any academic year | 22 | | compensation in
excess of the difference between his or her | 23 | | highest annual earnings prior
to retirement and his or her | 24 | | annual retirement annuity computed under Rule
1, Rule 2, Rule | 25 | | 3, or Rule 4 of Section 15-136, or under Section
15-136.4,
for |
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| 1 | | services performed after
the date of retirement for any | 2 | | employer under this System, that portion of
the monthly | 3 | | retirement annuity provided by employer contributions shall be
| 4 | | reduced by an amount equal to the compensation that exceeds | 5 | | such difference.
| 6 | | However, any remuneration received for serving as a member | 7 | | of the
former Illinois Educational Labor Relations Board shall | 8 | | be excluded from
"compensation" for the purposes of this | 9 | | subsection (b), and serving as a
member of the former Illinois | 10 | | Educational Labor Relations Board shall not be
deemed to be a | 11 | | return to employment for the purposes of this Section.
This | 12 | | provision applies without regard to whether service was | 13 | | terminated
prior to the effective date of this amendatory Act | 14 | | of 1991.
| 15 | | "Academic year", as used in this subsection (b), means the | 16 | | 12-month period beginning September 1. | 17 | | (c) If an employer certifies that an annuitant has been | 18 | | reemployed
on a permanent and continuous basis or in a position
| 19 | | in which the annuitant is expected to serve for at least 9 | 20 | | months, the
annuitant shall resume his or her status as a | 21 | | participating employee
and shall be entitled to all rights | 22 | | applicable to
participating employees upon filing with the | 23 | | board an
election to forgo all annuity payments during the | 24 | | period
of reemployment. Upon subsequent retirement, the | 25 | | retirement
annuity shall consist of the annuity which was | 26 | | terminated by the reemployment,
plus the additional retirement |
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| 1 | | annuity based upon service
granted during the period of | 2 | | reemployment, but the combined retirement
annuity shall not | 3 | | exceed the maximum
annuity applicable on the date of the last | 4 | | retirement.
| 5 | | The total service and earnings credited before and after | 6 | | the initial
date of retirement shall be considered in | 7 | | determining eligibility of the
employee or the employee's | 8 | | beneficiary to benefits under this
Article, and in calculating | 9 | | final rate of earnings.
| 10 | | In determining the death benefit
payable to a beneficiary | 11 | | of an annuitant who again becomes a participating
employee | 12 | | under this Section, accumulated normal and additional
| 13 | | contributions shall be considered as the sum of the accumulated | 14 | | normal and
additional contributions at the date of initial | 15 | | retirement and the
accumulated normal and additional | 16 | | contributions credited after that date,
less the sum of the | 17 | | annuity payments received by the annuitant.
| 18 | | The survivors insurance benefits provided under Section | 19 | | 15-145 shall not
be applicable to an annuitant who resumes his | 20 | | or her status as a
participating employee, unless the | 21 | | annuitant, at the time of initial
retirement, has a survivors | 22 | | insurance beneficiary who could qualify
for such benefits or | 23 | | the annuitant repaid the survivors insurance contribution | 24 | | refund or additional annuity under subsection (c-5) of Section | 25 | | 15-154.
| 26 | | If the participant's employment is terminated because of |
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| 1 | | circumstances
other than death before 9 months from the date of | 2 | | reemployment, the
provisions of this Section regarding | 3 | | resumption of status as a
participating employee shall not | 4 | | apply. The normal and survivors insurance
contributions which | 5 | | are deducted during this period shall be refunded to
the | 6 | | annuitant without interest, and subsequent benefits under this | 7 | | Article
shall be the same as those which were applicable prior | 8 | | to the date the
annuitant resumed employment.
| 9 | | The amendments made to this Section by this amendatory Act | 10 | | of the 91st
General Assembly apply without regard to whether | 11 | | the annuitant was in service
on or after the effective date of | 12 | | this amendatory Act.
| 13 | | (Source: P.A. 98-92, eff. 7-16-13; 98-596, eff. 11-19-13; | 14 | | 99-682, eff. 7-29-16.)
| 15 | | Section 30. The Illinois Educational Labor Relations Act is | 16 | | amended by changing Sections 2, 8, 11, 12, and 13 and by adding | 17 | | Section 5.1 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, including the | 22 | | governing body of a charter school established under Article | 23 | | 27A of the School Code or of a contract school or contract | 24 | | turnaround school established under paragraph 30 of Section |
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| 1 | | 34-18 of the School Code, combination
of public school | 2 | | districts, including the governing body of joint agreements
of | 3 | | any type formed by 2 or more school districts, public community | 4 | | college
district or State college or university, a | 5 | | subcontractor of instructional services of a school district | 6 | | (other than a school district organized under Article 34 of the | 7 | | School Code), combination of school districts, charter school | 8 | | established under Article 27A of the School Code, or contract | 9 | | school or contract turnaround school established under | 10 | | paragraph 30 of Section 34-18 of the School Code, an | 11 | | Independent Authority created under Section 2-3.25f-5 of the | 12 | | School Code, and any State agency whose major
function is | 13 | | providing educational services.
"Educational employer" or | 14 | | "employer" does not include (1) a Financial Oversight
Panel | 15 | | created pursuant to Section 1A-8 of the School Code due to a
| 16 | | district
violating a financial plan or (2) an approved | 17 | | nonpublic special education facility that contracts with a | 18 | | school district or combination of school districts to provide | 19 | | special education services pursuant to Section 14-7.02 of the | 20 | | School Code, but does include a School Finance Authority
| 21 | | created
under Article 1E or 1F of the School Code and a | 22 | | Financial Oversight Panel created under Article 1B or 1H of the | 23 | | School Code. The change made by this amendatory Act of the 96th | 24 | | General Assembly to this paragraph (a) to make clear that the | 25 | | governing body of a charter school is an "educational employer" | 26 | | is declaratory of existing law.
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| 1 | | (b) "Educational employee" or "employee" means any | 2 | | individual, excluding
supervisors, managerial, confidential, | 3 | | short term employees, student, and
part-time academic | 4 | | employees of community colleges employed full or part
time by | 5 | | an educational employer, but shall not include elected | 6 | | officials
and appointees of the Governor with the advice and | 7 | | consent of the Senate,
firefighters as defined by subsection | 8 | | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | 9 | | and peace officers employed by a State
university. For the | 10 | | purposes of this Act, part-time
academic employees of community | 11 | | colleges shall be defined as those
employees who provide less | 12 | | than 3 credit hours of instruction per
academic
semester. In | 13 | | this subsection (b), the term "student"
includes graduate | 14 | | students who are research assistants primarily
performing | 15 | | duties that involve research or graduate assistants primarily
| 16 | | performing duties that are pre-professional, but excludes | 17 | | graduate
students who are teaching assistants primarily | 18 | | performing duties that
involve the delivery and support of | 19 | | instruction and all other graduate
assistants.
| 20 | | (c) "Employee organization" or "labor organization" means | 21 | | an organization
of any kind in which membership includes | 22 | | educational employees, and which
exists for the purpose, in | 23 | | whole or in part, of dealing with employers
concerning | 24 | | grievances, employee-employer disputes, wages, rates of pay,
| 25 | | hours of employment, or conditions of work, but shall not | 26 | | include any
organization which practices discrimination in |
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| 1 | | membership because of race,
color, creed, age, gender, national | 2 | | origin or political affiliation.
| 3 | | (d) "Exclusive representative" means the labor | 4 | | organization which has
been designated by the Illinois | 5 | | Educational Labor Relations Board as the
representative of the | 6 | | majority of educational employees in an appropriate
unit, or | 7 | | recognized by an educational employer prior to January 1, 1984 | 8 | | as
the exclusive representative of the employees in an | 9 | | appropriate unit or,
after January 1, 1984, recognized by an | 10 | | employer upon evidence that the
employee organization has been | 11 | | designated as the exclusive representative
by a majority of the | 12 | | employees in an appropriate unit.
| 13 | | (e) "Board" means the State Panel of the Illinois Public | 14 | | Educational Labor Relations Board.
| 15 | | (f) "Regional Superintendent" means the regional | 16 | | superintendent of
schools provided for in Articles 3 and 3A of | 17 | | The School Code.
| 18 | | (g) "Supervisor" means any individual having authority in | 19 | | the interests
of the employer to hire, transfer, suspend, lay | 20 | | off, recall, promote,
discharge, reward or discipline other | 21 | | employees within the appropriate
bargaining unit and adjust | 22 | | their grievances, or to effectively recommend
such action if | 23 | | the exercise of such authority is not of a merely routine or
| 24 | | clerical nature but requires the use of independent judgment. | 25 | | The term
"supervisor" includes only those individuals who | 26 | | devote a preponderance of
their employment time to such |
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| 1 | | exercising authority.
| 2 | | (h) "Unfair labor practice" or "unfair practice" means any | 3 | | practice
prohibited by Section 14 of this Act.
| 4 | | (i) "Person" includes an individual, educational employee, | 5 | | educational
employer, legal representative, or employee | 6 | | organization.
| 7 | | (j) "Wages" means salaries or other forms of compensation | 8 | | for services
rendered.
| 9 | | (k) "Professional employee" means, in the case of a public | 10 | | community
college, State college or university, State agency | 11 | | whose major function is
providing educational services, the | 12 | | Illinois School for the Deaf, and the
Illinois School for the | 13 | | Visually Impaired, (1) any employee engaged in work
(i) | 14 | | predominantly intellectual and varied in character as opposed | 15 | | to
routine mental, manual, mechanical, or physical work; (ii) | 16 | | involving the
consistent exercise of discretion and judgment in | 17 | | its performance; (iii) of
such character that the output | 18 | | produced or the result accomplished cannot
be standardized in | 19 | | relation to a given period of time; and (iv) requiring
| 20 | | knowledge of an advanced type in a field of science or learning | 21 | | customarily
acquired by a prolonged course of specialized | 22 | | intellectual instruction and
study in an institution of higher | 23 | | learning or a hospital, as distinguished
from a general | 24 | | academic education or from an apprenticeship or from training
| 25 | | in the performance of routine mental, manual, or physical | 26 | | processes; or
(2) any employee, who (i) has completed the |
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| 1 | | courses of specialized
intellectual instruction and study | 2 | | described in clause (iv) of paragraph
(1) of this subsection, | 3 | | and (ii) is performing related work under the
supervision of a | 4 | | professional person to qualify himself or herself to
become a | 5 | | professional as defined in paragraph (l).
| 6 | | (l) "Professional employee" means, in the case of any | 7 | | public school
district, or combination of school districts | 8 | | pursuant to joint agreement,
any employee who has a certificate | 9 | | issued under Article 21 or Section 34-83
of the School Code, as | 10 | | now or hereafter amended.
| 11 | | (m) "Unit" or "bargaining unit" means any group of | 12 | | employees for which
an exclusive representative is selected.
| 13 | | (n) "Confidential employee" means an employee, who (i) in | 14 | | the regular
course of his or her duties, assists and acts in a | 15 | | confidential capacity to
persons who formulate, determine and | 16 | | effectuate management policies with
regard to labor relations | 17 | | or who (ii) in the regular course of his or her
duties has | 18 | | access to information relating to the effectuation or review of
| 19 | | the employer's collective bargaining policies.
| 20 | | (o) "Managerial employee" means an individual who is | 21 | | engaged
predominantly in executive and management functions | 22 | | and is charged with the
responsibility of directing the | 23 | | effectuation of such management policies and
practices.
| 24 | | (p) "Craft employee" means a skilled journeyman, craft | 25 | | person, and his
or her apprentice or helper.
| 26 | | (q) "Short-term employee" is an employee who is employed |
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| 1 | | for less than
2 consecutive calendar quarters during a calendar | 2 | | year and who does not
have a reasonable expectation that he or | 3 | | she will be rehired by the same
employer for the same service | 4 | | in a subsequent calendar year. Nothing in
this subsection shall | 5 | | affect the employee status of individuals who were
covered by a | 6 | | collective bargaining agreement on the effective date of this
| 7 | | amendatory Act of 1991.
| 8 | | (Source: P.A. 97-429, eff. 8-16-11; 98-1155, eff. 1-9-15.)
| 9 | | (115 ILCS 5/5.1 new) | 10 | | Sec. 5.1. Illinois Educational Labor Relations Board | 11 | | abolished. The Illinois Educational Labor Relations Board is | 12 | | abolished and the terms of all members are ended on the | 13 | | effective date of this amendatory Act of the 100th General | 14 | | Assembly. All powers and duties of the former Illinois | 15 | | Educational Labor Relations Board under this Act shall be | 16 | | exercised and performed by the State Panel of the Illinois | 17 | | Public Labor Relations Board on and after the effective date of | 18 | | this amendatory Act of the 100th General Assembly.
| 19 | | (115 ILCS 5/8) (from Ch. 48, par. 1708)
| 20 | | Sec. 8. Election - certification. Elections shall be by | 21 | | secret ballot,
and conducted in accordance with rules and | 22 | | regulations established by the
Illinois Educational Labor | 23 | | Relations Board. An incumbent exclusive bargaining
| 24 | | representative shall automatically be placed on any ballot with |
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| 1 | | the
petitioner's
labor organization. An intervening labor | 2 | | organization may be placed on the
ballot
when supported by 15% | 3 | | or more of the employees in the bargaining unit.
The Board | 4 | | shall give at least 30 days notice of the time
and place of the | 5 | | election to the parties and, upon request, shall provide
the | 6 | | parties with a list of names and addresses of persons eligible | 7 | | to vote
in the election at least 15 days before the election. | 8 | | The ballot must include,
as one of the alternatives, the choice | 9 | | of "no representative". No mail
ballots are permitted except | 10 | | where a specific individual would otherwise
be unable to cast a | 11 | | ballot.
| 12 | | The labor organization receiving a majority of the ballots | 13 | | cast shall be
certified by the Board as the exclusive | 14 | | bargaining representative.
If the choice of "no | 15 | | representative" receives a majority, the employer shall
not | 16 | | recognize any exclusive bargaining representative for at least | 17 | | 12 months.
If none of the choices on the ballot receives a | 18 | | majority, a run-off shall
be conducted between the 2 choices | 19 | | receiving the largest number of valid
votes cast in the | 20 | | election. The Board shall certify the
results of the election | 21 | | within 6 working days after the final tally
of votes
unless a | 22 | | charge is filed by a party alleging that improper conduct | 23 | | occurred
which
affected the outcome of the election. The Board | 24 | | shall
promptly investigate the allegations, and if it finds | 25 | | probable cause that
improper conduct occurred and could have | 26 | | affected the outcome of the election,
it shall set a hearing on |
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| 1 | | the matter on a date falling within 2 weeks of
when it received | 2 | | the charge. If it determines, after hearing, that the outcome
| 3 | | of the election was affected by improper conduct, it shall | 4 | | order a new election
and shall order corrective action which it | 5 | | considers necessary to insure the
fairness of the new election. | 6 | | If it determines upon investigation or after
hearing that the | 7 | | alleged improper conduct did not take place or that it did not
| 8 | | affect the results of the election, it shall immediately | 9 | | certify the election
results.
| 10 | | Any labor organization that is the exclusive bargaining | 11 | | representative
in an appropriate unit on
the effective date of | 12 | | this Act shall continue as such until a new one is
selected | 13 | | under this Act.
| 14 | | (Source: P.A. 92-206, eff. 1-1-02.)
| 15 | | (115 ILCS 5/11) (from Ch. 48, par. 1711)
| 16 | | Sec. 11. Non-member fair share payments. When a collective
| 17 | | bargaining agreement is entered into with an exclusive | 18 | | representative, it
may include a provision requiring employees | 19 | | covered by
the agreement who are not members of the | 20 | | organization to pay
to the organization a fair share fee for | 21 | | services rendered. The exclusive
representative shall certify | 22 | | to the employer an amount not to exceed the
dues uniformly | 23 | | required of members which shall constitute each non member
| 24 | | employee's fair share fee. The fair share fee payment shall be | 25 | | deducted
by the employer from the earnings of the non member |
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| 1 | | employees and paid to
the exclusive representative.
| 2 | | The amount certified by the exclusive representative shall | 3 | | not include
any fees for contributions related to the election | 4 | | or support of any candidate
for political office. Nothing in | 5 | | this Section shall preclude the non member
employee from making | 6 | | voluntary political contributions in conjunction with
his or | 7 | | her fair share payment.
| 8 | | If a collective bargaining agreement that includes a fair | 9 | | share clause expires or continues in effect beyond its | 10 | | scheduled expiration date pending the negotiation of a | 11 | | successor agreement, then the employer shall continue to honor | 12 | | and abide by the fair share clause until a new agreement that | 13 | | includes a fair share clause is reached. Failure to honor and | 14 | | abide by the fair share clause for the benefit of any exclusive | 15 | | representative as set forth in this paragraph shall be a | 16 | | violation of the duty to bargain and an unfair labor practice.
| 17 | | Agreements containing a fair share agreement must | 18 | | safeguard the right of
non-association of employees based upon | 19 | | bonafide religious tenets or teaching
of a church or religious | 20 | | body of which such employees are members. Such
employees may be | 21 | | required to pay an amount equal to their proportionate
share, | 22 | | determined under a proportionate share agreement, to a | 23 | | non-religious
charitable organization mutually agreed upon by | 24 | | the employees affected
and the exclusive representative to | 25 | | which such employees would otherwise
pay such fee. If the | 26 | | affected employees and the exclusive representative
are unable |
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| 1 | | to reach an agreement on the matter, the Illinois Educational
| 2 | | Labor Relations Board may establish an approved list of | 3 | | charitable
organizations to which such payments may be made.
| 4 | | The Board shall by rule require that in cases where an | 5 | | employee files
an objection to the amount of the fair share | 6 | | fee, the employer shall
continue to deduct the employee's fair | 7 | | share fee from the employee's pay,
but shall transmit the fee, | 8 | | or some portion thereof, to the Board for
deposit in an escrow | 9 | | account maintained by the Board; provided, however,
that if the | 10 | | exclusive representative maintains an escrow account for the
| 11 | | purpose of holding fair share fees to which an employee has | 12 | | objected, the
employer shall transmit the entire fair share fee | 13 | | to the exclusive
representative, and the exclusive | 14 | | representative shall hold in escrow that
portion of the fee | 15 | | that the employer would otherwise have been required to
| 16 | | transmit to the Board for escrow, provided that the escrow | 17 | | account
maintained by the exclusive representative complies | 18 | | with rules to be
promulgated by the Board within 30 days of the | 19 | | effective date of this
amendatory Act of 1989 or that the | 20 | | collective bargaining agreement
requiring the payment of the | 21 | | fair share fee contains an indemnification
provision for the | 22 | | purpose of indemnifying the employer with respect to the
| 23 | | employer's transmission of fair share fees to the exclusive | 24 | | representative.
| 25 | | (Source: P.A. 94-210, eff. 7-14-05.)
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| 1 | | (115 ILCS 5/12) (from Ch. 48, par. 1712)
| 2 | | Sec. 12. Impasse procedures.
| 3 | | (a) This subsection (a) applies only to collective | 4 | | bargaining between an educational employer that is not a public | 5 | | school district organized under Article 34 of the School Code | 6 | | and an exclusive representative of its employees. If the | 7 | | parties engaged in collective
bargaining have not reached an | 8 | | agreement by 90 days before the scheduled
start of the | 9 | | forthcoming school year, the parties shall notify the Illinois
| 10 | | Educational Labor Relations Board concerning the status of | 11 | | negotiations. This notice shall include a statement on whether | 12 | | mediation has been used.
| 13 | | Upon demand of either party, collective bargaining between | 14 | | the employer
and an exclusive bargaining representative must | 15 | | begin within 60 days of
the date of certification of the | 16 | | representative by the Board, or in the case
of an existing | 17 | | exclusive bargaining representative, within 60 days of the
| 18 | | receipt by a party of a demand to bargain issued by the other | 19 | | party. Once
commenced, collective bargaining must continue for | 20 | | at least a 60 day
period, unless a contract is entered into.
| 21 | | Except as otherwise provided in subsection (b) of this | 22 | | Section, if after
a reasonable period of negotiation and within | 23 | | 90 days of the
scheduled start of the forth-coming school year, | 24 | | the parties engaged in
collective bargaining have reached an | 25 | | impasse, either party may petition
the Board to initiate | 26 | | mediation. Alternatively, the Board on its own
motion may |
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| 1 | | initiate mediation during this period. However, mediation | 2 | | shall
be initiated by the Board at any time when jointly | 3 | | requested by the parties
and the services of the mediators | 4 | | shall continuously be made available to
the employer and to the | 5 | | exclusive bargaining representative for purposes of
| 6 | | arbitration of grievances and mediation or arbitration of | 7 | | contract
disputes. If requested by the parties, the mediator | 8 | | may perform
fact-finding and in so doing conduct hearings and | 9 | | make written findings and
recommendations for resolution of the | 10 | | dispute. Such mediation shall be
provided by the Board and | 11 | | shall be held before qualified impartial
individuals. Nothing | 12 | | prohibits the use of other individuals or
organizations such as | 13 | | the Federal Mediation and Conciliation Service or the
American | 14 | | Arbitration Association selected by both the exclusive | 15 | | bargaining
representative and the employer.
| 16 | | If the parties engaged in collective bargaining fail to | 17 | | reach an agreement
within 45 days of the scheduled start of the | 18 | | forthcoming school year and
have not requested mediation, the | 19 | | Illinois Educational Labor Relations Board
shall invoke | 20 | | mediation.
| 21 | | Whenever mediation is initiated or invoked under this | 22 | | subsection (a), the
parties may stipulate to defer selection of | 23 | | a mediator in accordance with
rules adopted by the Board.
| 24 | | (a-5) This subsection (a-5) applies only to collective | 25 | | bargaining between a public school district or a combination of | 26 | | public school districts, including, but not limited to, joint |
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| 1 | | cooperatives, that is not organized under Article 34 of the | 2 | | School Code and an exclusive representative of its employees. | 3 | | (1) Any time 15 days after mediation has commenced, | 4 | | either party may initiate the public posting process. The | 5 | | mediator may initiate the public posting process at any | 6 | | time 15 days after mediation has commenced during the | 7 | | mediation process. Initiation of the public posting | 8 | | process must be filed in writing with the Board, and copies | 9 | | must be submitted to the parties on the same day the | 10 | | initiation is filed with the Board. | 11 | | (2) Within 7 days after the initiation of the public | 12 | | posting process, each party shall submit to the mediator, | 13 | | the Board, and the other party in writing the most recent | 14 | | offer of the party, including a cost summary of the offer. | 15 | | Seven days after receipt of the parties' offers, the Board | 16 | | shall make public the offers and each party's cost summary | 17 | | dealing with those issues on which the parties have failed | 18 | | to reach agreement by immediately posting the offers on its | 19 | | Internet website, unless otherwise notified by the | 20 | | mediator or jointly by the parties that agreement has been | 21 | | reached. On the same day of publication by the Board, at a | 22 | | minimum, the school district shall distribute notice of the | 23 | | availability of the offers on the Board's Internet website | 24 | | to all news media that have filed an annual request for | 25 | | notices from the school district pursuant to Section 2.02 | 26 | | of the Open Meetings Act. The parties' offers shall remain |
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| 1 | | on the Board's Internet website until the parties have | 2 | | reached and ratified an agreement. | 3 | | (a-10) This subsection (a-10) applies only to collective | 4 | | bargaining between a public school district organized under | 5 | | Article 34 of the School Code and an exclusive representative | 6 | | of its employees. | 7 | | (1) For collective bargaining agreements between an | 8 | | educational employer to which this subsection (a-10) | 9 | | applies and an exclusive representative of its employees, | 10 | | if the parties fail to reach an agreement after a | 11 | | reasonable period of mediation, the dispute shall be | 12 | | submitted to fact-finding in accordance with this | 13 | | subsection (a-10). Either the educational employer or the | 14 | | exclusive representative may initiate fact-finding by | 15 | | submitting a written demand to the other party with a copy | 16 | | of the demand submitted simultaneously to the Board. | 17 | | (2) Within 3 days following a party's demand for | 18 | | fact-finding, each party shall appoint one member of the | 19 | | fact-finding panel, unless the parties agree to proceed | 20 | | without a tri-partite panel. Following these appointments, | 21 | | if any, the parties shall select a qualified impartial | 22 | | individual to serve as the fact-finder and chairperson of | 23 | | the fact-finding panel, if applicable. An individual shall | 24 | | be considered qualified to serve as the fact-finder and | 25 | | chairperson of the fact-finding panel, if applicable, if he | 26 | | or she was not the same individual who was appointed as the |
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| 1 | | mediator and if he or she satisfies the following | 2 | | requirements: membership in good standing with the | 3 | | National Academy of Arbitrators, Federal Mediation and | 4 | | Conciliation Service, or American Arbitration Association | 5 | | for a minimum of 10 years; membership on the mediation | 6 | | roster for the Illinois Labor Relations Board or Illinois | 7 | | Educational Labor Relations Board ; issuance of at least 5 | 8 | | interest arbitration awards arising under the Illinois | 9 | | Public Labor Relations Act; and participation in impasse | 10 | | resolution processes arising under private or public | 11 | | sector collective bargaining statutes in other states. If | 12 | | the parties are unable to agree on a fact-finder, the | 13 | | parties shall request a panel of fact-finders who satisfy | 14 | | the requirements set forth in this paragraph (2) from | 15 | | either the Federal Mediation and Conciliation Service or | 16 | | the American Arbitration Association and shall select a | 17 | | fact-finder from such panel in accordance with the | 18 | | procedures established by the organization providing the | 19 | | panel. | 20 | | (3) The fact-finder shall have the following duties and | 21 | | powers: | 22 | | (A) to require the parties to submit a statement of | 23 | | disputed issues and their positions regarding each | 24 | | issue either jointly or separately; | 25 | | (B) to identify disputed issues that are economic | 26 | | in nature; |
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| 1 | | (C) to meet with the parties either separately or | 2 | | in executive sessions; | 3 | | (D) to conduct hearings and regulate the time, | 4 | | place, course, and manner of the hearings; | 5 | | (E) to request the Board to issue subpoenas | 6 | | requiring the attendance and testimony of witnesses or | 7 | | the production of evidence; | 8 | | (F) to administer oaths and affirmations; | 9 | | (G) to examine witnesses and documents; | 10 | | (H) to create a full and complete written record of | 11 | | the hearings; | 12 | | (I) to attempt mediation or remand a disputed issue | 13 | | to the parties for further collective bargaining; | 14 | | (J) to require the parties to submit final offers | 15 | | for each disputed issue either individually or as a | 16 | | package or as a combination of both; and | 17 | | (K) to employ any other measures deemed | 18 | | appropriate to resolve the impasse. | 19 | | (4) If the dispute is not settled within 75 days after | 20 | | the appointment of the fact-finding panel, the | 21 | | fact-finding panel shall issue a private report to the | 22 | | parties that contains advisory findings of fact and | 23 | | recommended terms of settlement for all disputed issues and | 24 | | that sets forth a rationale for each recommendation. The | 25 | | fact-finding panel, acting by a majority of its members, | 26 | | shall base its findings and recommendations upon the |
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| 1 | | following criteria as applicable: | 2 | | (A) the lawful authority of the employer; | 3 | | (B) the federal and State statutes or local | 4 | | ordinances and resolutions applicable to the employer; | 5 | | (C) prior collective bargaining agreements and the | 6 | | bargaining history between the parties; | 7 | | (D) stipulations of the parties; | 8 | | (E) the interests and welfare of the public and the | 9 | | students and families served by the employer; | 10 | | (F) the employer's financial ability to fund the | 11 | | proposals based on existing available resources, | 12 | | provided that such ability is not predicated on an | 13 | | assumption that lines of credit or reserve funds are | 14 | | available or that the employer may or will receive or | 15 | | develop new sources of revenue or increase existing | 16 | | sources of revenue; | 17 | | (G) the impact of any economic adjustments on the | 18 | | employer's ability to pursue its educational mission; | 19 | | (H) the present and future general economic | 20 | | conditions in the locality and State; | 21 | | (I) a comparison of the wages, hours, and | 22 | | conditions of employment of the employees involved in | 23 | | the dispute with the wages, hours, and conditions of | 24 | | employment of employees performing similar services in | 25 | | public education in the 10 largest U.S. cities; | 26 | | (J) the average consumer prices in urban areas for |
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| 1 | | goods and services, which is commonly known as the cost | 2 | | of living; | 3 | | (K) the overall compensation presently received by | 4 | | the employees involved in the dispute, including | 5 | | direct wage compensation; vacations, holidays, and | 6 | | other excused time; insurance and pensions; medical | 7 | | and hospitalization benefits; the continuity and | 8 | | stability of employment and all other benefits | 9 | | received; and how each party's proposed compensation | 10 | | structure supports the educational goals of the | 11 | | district; | 12 | | (L) changes in any of the circumstances listed in | 13 | | items (A) through (K) of this paragraph (4) during the | 14 | | fact-finding proceedings; | 15 | | (M) the effect that any term the parties are at | 16 | | impasse on has or may have on the overall educational | 17 | | environment, learning conditions, and working | 18 | | conditions with the school district; and | 19 | | (N) the effect that any term the parties are at | 20 | | impasse on has or may have in promoting the public | 21 | | policy of this State. | 22 | | (5) The fact-finding panel's recommended terms of | 23 | | settlement shall be deemed agreed upon by the parties as | 24 | | the final resolution of the disputed issues and | 25 | | incorporated into the collective bargaining agreement | 26 | | executed by the parties, unless either party tenders to the |
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| 1 | | other party and the chairperson of the fact-finding panel a | 2 | | notice of rejection of the recommended terms of settlement | 3 | | with a rationale for the rejection, within 15 days after | 4 | | the date of issuance of the fact-finding panel's report. If | 5 | | either party submits a notice of rejection, the chairperson | 6 | | of the fact-finding panel shall publish the fact-finding | 7 | | panel's report and the notice of rejection for public | 8 | | information by delivering a copy to all newspapers of | 9 | | general circulation in the community with simultaneous | 10 | | written notice to the parties. | 11 | | (b) If, after a period of bargaining of at least 60 days, a
| 12 | | dispute or impasse exists between an educational employer whose | 13 | | territorial
boundaries are coterminous with those of a city | 14 | | having a population in
excess of 500,000 and the exclusive | 15 | | bargaining representative over
a subject or matter set forth in | 16 | | Section 4.5 of this Act, the parties shall
submit the dispute | 17 | | or impasse to the dispute resolution procedure
agreed to | 18 | | between the parties. The procedure shall provide for mediation
| 19 | | of disputes by a rotating mediation panel and may, at the | 20 | | request of
either party, include the issuance of advisory | 21 | | findings of fact and
recommendations.
| 22 | | (c) The costs of fact finding and mediation shall be shared | 23 | | equally
between
the employer and the exclusive bargaining | 24 | | agent, provided that, for
purposes of mediation under this Act, | 25 | | if either party requests the use of
mediation services from the | 26 | | Federal Mediation and Conciliation Service, the
other party |
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| 1 | | shall either join in such request or bear the additional cost
| 2 | | of mediation services from another source. All other costs and | 3 | | expenses of complying with this Section must be borne by the | 4 | | party incurring them.
| 5 | | (c-5) If an educational employer or exclusive bargaining | 6 | | representative refuses to participate in mediation or fact | 7 | | finding when required by this Section, the refusal shall be | 8 | | deemed a refusal to bargain in good faith. | 9 | | (d) Nothing in this Act prevents an employer and an | 10 | | exclusive bargaining
representative from mutually submitting | 11 | | to final and binding impartial
arbitration unresolved issues | 12 | | concerning the terms of a new collective
bargaining agreement.
| 13 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | 14 | | eff. 1-1-14.)
| 15 | | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 16 | | Sec. 13. Strikes.
| 17 | | (a) Notwithstanding the existence of any other
provision in | 18 | | this Act or other law, educational employees employed in school
| 19 | | districts organized under Article 34 of the School Code shall | 20 | | not engage in
a strike at any time during the 18 month period | 21 | | that commences on the
effective date of this amendatory Act of | 22 | | 1995. An educational employee
employed in a school district | 23 | | organized
under Article 34 of the School Code who participates | 24 | | in a strike in violation
of this Section is subject to | 25 | | discipline by the employer. In addition, no
educational |
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| 1 | | employer organized under Article 34 of the School Code may pay | 2 | | or
cause to be paid to an educational employee who
participates | 3 | | in a strike in violation of this subsection any wages or other
| 4 | | compensation for any period during
which an educational | 5 | | employee participates in the strike, except for wages or
| 6 | | compensation earned before participation in the strike.
| 7 | | Notwithstanding the existence of any other
provision in this | 8 | | Act or other law, during the 18-month period that strikes are
| 9 | | prohibited under this subsection nothing in this subsection | 10 | | shall be construed
to require an educational employer to submit | 11 | | to a binding dispute resolution
process.
| 12 | | (b) Notwithstanding the existence of any other provision in | 13 | | this Act or any
other law, educational employees other than | 14 | | those employed in a school district
organized under Article 34 | 15 | | of the School Code and, after the expiration of the
18 month | 16 | | period that commences on the effective date of this amendatory | 17 | | Act of
1995, educational employees in a school district | 18 | | organized under Article 34 of
the School Code shall not engage | 19 | | in a strike except under the following
conditions:
| 20 | | (1) they are represented by an exclusive bargaining
| 21 | | representative;
| 22 | | (2) mediation has been used without success and, for | 23 | | educational employers and exclusive bargaining | 24 | | representatives to which subsection (a-5) of Section 12 of | 25 | | this Act applies, at least 14 days have elapsed after the | 26 | | Board has made public the parties' offers;
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| 1 | | (2.5) if fact-finding was invoked pursuant to | 2 | | subsection (a-10) of Section 12 of this Act, at least 30 | 3 | | days have elapsed after a fact-finding report has been | 4 | | released for public information; | 5 | | (2.10) for educational employees employed in a school | 6 | | district organized under Article 34 of the School Code, at | 7 | | least three-fourths of all bargaining unit employees who | 8 | | are members of the exclusive bargaining representative | 9 | | have affirmatively voted to authorize the strike; | 10 | | provided, however, that all members of the exclusive | 11 | | bargaining representative at the time of a strike | 12 | | authorization vote shall be eligible to vote;
| 13 | | (3) at least 10 days have elapsed after a notice of | 14 | | intent
to strike has been given by the exclusive bargaining | 15 | | representative to the
educational employer, the regional | 16 | | superintendent and the Illinois Educational
Labor | 17 | | Relations Board;
| 18 | | (4) the collective bargaining agreement between the | 19 | | educational employer
and educational employees, if any, | 20 | | has expired or been terminated; and
| 21 | | (5) the employer and the exclusive bargaining | 22 | | representative have not
mutually submitted the unresolved | 23 | | issues to arbitration.
| 24 | | If, however, in the opinion of an employer the strike is or | 25 | | has become a
clear and present danger to the health or safety | 26 | | of the public, the employer
may initiate
in the circuit court |
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| 1 | | of the county in which such danger exists an action for
relief | 2 | | which may include, but is not limited to, injunction. The court | 3 | | may
grant appropriate relief upon the finding that such clear | 4 | | and present danger
exists.
An unfair practice or other evidence | 5 | | of lack of clean hands by the educational
employer is a defense | 6 | | to such action. Except as provided for in this
paragraph, the | 7 | | jurisdiction of the court under this Section is limited by the
| 8 | | Labor Dispute Act.
| 9 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | 10 | | eff. 1-1-14.)
| 11 | | (115 ILCS 5/5 rep.)
| 12 | | Section 35. The Illinois Educational Labor Relations Act is | 13 | | amended by repealing Section 5.
| 14 | | Section 40. The Attorney Act is amended by changing Section | 15 | | 1 as follows:
| 16 | | (705 ILCS 205/1) (from Ch. 13, par. 1)
| 17 | | Sec. 1. No person shall be permitted to practice as an | 18 | | attorney or
counselor at law within this State without having | 19 | | previously obtained a
license for that purpose from the Supreme | 20 | | Court of this State.
| 21 | | No person shall receive any compensation directly or | 22 | | indirectly for any
legal services other than a regularly | 23 | | licensed attorney, nor may an unlicensed person advertise or |
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| 1 | | hold himself or herself out to provide legal services.
| 2 | | A license, as provided for herein, constitutes the person | 3 | | receiving the
same an attorney and counselor at law, according | 4 | | to the law and customs
thereof, for and during his good | 5 | | behavior in the practice and authorizes
him to demand and | 6 | | receive fees for any services which he may render as an
| 7 | | attorney and counselor at law in this State. No person shall be | 8 | | granted
a license or renewal authorized by this Act who has | 9 | | defaulted on an
educational loan guaranteed by the Illinois | 10 | | Student Assistance Commission;
however, a license or renewal | 11 | | may be issued to the aforementioned persons
who have | 12 | | established a satisfactory repayment record as determined by | 13 | | the
Illinois Student Assistance Commission.
No person shall be | 14 | | granted a license or renewal authorized by this Act who is
more | 15 | | than 30 days delinquent in complying with a child support | 16 | | order; a license
or renewal may be issued, however, if the | 17 | | person has
established a satisfactory repayment record as | 18 | | determined (i) by the Department of Healthcare and Family | 19 | | Services (formerly Illinois
Department of Public Aid) for cases | 20 | | being enforced under Article X of the
Illinois Public Aid Code | 21 | | or (ii) in all other cases by order of court or by
written | 22 | | agreement between the custodial parent and non-custodial | 23 | | parent.
No person shall be refused a license under this Act on | 24 | | account of sex.
| 25 | | Any person practicing, charging or receiving fees for legal | 26 | | services
or advertising or holding himself or herself out to |
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| 1 | | provide legal services within this State, either directly or | 2 | | indirectly, without being licensed to
practice as herein | 3 | | required, is guilty of contempt of court and shall be
punished | 4 | | accordingly, upon complaint being filed in any Circuit Court of
| 5 | | this State. The remedies available include, but are not limited | 6 | | to: (i) appropriate equitable relief; (ii) a civil penalty not | 7 | | to exceed $5,000, which shall be paid to the Illinois Equal | 8 | | Justice Foundation; and (iii) actual damages. Such proceedings | 9 | | shall be conducted in the Courts of the
respective counties | 10 | | where the alleged contempt has been committed in the
same | 11 | | manner as in cases of indirect contempt and with the right of | 12 | | review
by the parties thereto.
| 13 | | The provisions of this Act shall be in addition to other | 14 | | remedies
permitted by law and shall not be construed to deprive | 15 | | courts of this State
of their inherent right to punish for | 16 | | contempt or to restrain the
unauthorized practice of law.
| 17 | | Nothing in this Act shall be construed to conflict with, | 18 | | amend, or modify Section 5 of the Corporation Practice of Law | 19 | | Prohibition Act or prohibit representation of a
party by a | 20 | | person who is not an attorney in a proceeding before either | 21 | | panel
of the Illinois Labor Relations Board under the Illinois | 22 | | Public Labor Relations Act, as now or
hereafter amended, the | 23 | | Illinois Educational Labor Relations Board under the
Illinois | 24 | | Educational Labor Relations Act, as now or hereafter amended, | 25 | | the
State Civil Service Commission, the local Civil Service | 26 | | Commissions, or the
University Civil Service Merit Board, to |
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| 1 | | the extent allowed pursuant to
rules and regulations | 2 | | promulgated by those Boards and Commissions or the giving of | 3 | | information, training, or advocacy or assistance in any | 4 | | meetings or administrative proceedings held pursuant to the | 5 | | federal Individuals with Disabilities Education Act, the | 6 | | federal Rehabilitation Act of 1973, the federal Americans with | 7 | | Disabilities Act of 1990, or the federal Social Security Act, | 8 | | to the extent allowed by those laws or the federal regulations | 9 | | or State statutes implementing those laws.
| 10 | | (Source: P.A. 94-659, eff. 1-1-06; 95-331, eff. 8-21-07; | 11 | | 95-410, eff. 8-24-07.)
| 12 | | Section 45. The Code of Civil Procedure is amended by | 13 | | changing Sections 2-417 and 3-104 as follows:
| 14 | | (735 ILCS 5/2-417) (from Ch. 110, par. 2-417)
| 15 | | Sec. 2-417. Actions under Illinois Educational Labor | 16 | | Relations Act.
Whenever the State Panel of the Illinois | 17 | | Educational Labor Relations Board commences an action
under | 18 | | subsection (b) of Section 16 of the Illinois Educational Labor
| 19 | | Relations Act seeking to enforce a final order of the Board or | 20 | | alleging a
violation of a final order, such action shall be | 21 | | commenced by petition
filed in the name of the people of the | 22 | | State of Illinois as Petitioner and
any persons charged with | 23 | | alleged violation of such final order shall be
designated | 24 | | Respondents. Persons charged with alleged violation of such
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| 1 | | final order may not raise as defenses in such action any | 2 | | matters that such
persons could have raised by initiating | 3 | | judicial review of such final order
in accordance with | 4 | | subsection (a) of Section 16 of the Illinois Educational
Labor | 5 | | Relations Act and Section 3-104 of the Administrative Review | 6 | | Law.
| 7 | | (Source: P.A. 84-123.)
| 8 | | (735 ILCS 5/3-104) (from Ch. 110, par. 3-104)
| 9 | | Sec. 3-104. Jurisdiction and venue. Jurisdiction to review | 10 | | final
administrative decisions is vested in the Circuit Courts, | 11 | | except as to a
final order of the State Panel of the Illinois | 12 | | Educational Labor Relations Board in which case
jurisdiction to | 13 | | review a final order is vested in the Appellate Court of a
| 14 | | judicial district in which the Board maintains an office. If | 15 | | the venue of
the action to review a final administrative | 16 | | decision is expressly
prescribed in the particular statute | 17 | | under authority of which the decision
was made, such venue | 18 | | shall control, but if the venue is not so prescribed,
an action | 19 | | to review a final administrative decision may be commenced in | 20 | | the
Circuit Court of any county in which (1) any part of the | 21 | | hearing or
proceeding culminating in the decision of the | 22 | | administrative agency was
held, or (2) any part of the subject | 23 | | matter involved is situated, or (3)
any part of the transaction | 24 | | which gave rise to the proceedings before the
agency occurred. | 25 | | The court first acquiring jurisdiction of any action to
review |
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| 1 | | a final administrative decision shall have and retain | 2 | | jurisdiction
of the action until final disposition of the | 3 | | action.
| 4 | | (Source: P.A. 88-1.)".
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