Full Text of SB2447 102nd General Assembly
SB2447 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2447 Introduced 2/26/2021, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/15 | from Ch. 48, par. 1615 |
|
Amends the Illinois Public Labor Relations Act. Provides that the provisions of the Act or any collective bargaining agreement negotiated between a public employer and the exclusive representative of peace officers thereunder shall not take precedence over any conflicting State or local law regarding peace officers. Makes conforming changes.
|
| |
| | A BILL FOR |
|
| | | SB2447 | | LRB102 12748 RJF 18087 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Section 15 as follows:
| 6 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
| 7 | | (Text of Section WITH the changes made by P.A. 98-599, | 8 | | which has been
held unconstitutional)
| 9 | | Sec. 15. Act Takes Precedence. | 10 | | (a) In case of any conflict between the
provisions of this | 11 | | Act and any other law (other than Section 5 of the State | 12 | | Employees Group Insurance Act of 1971 and other than the | 13 | | changes made to the Illinois Pension Code by Public Act 96-889 | 14 | | and other than as provided in Section 7.5), executive order or | 15 | | administrative
regulation relating to wages, hours and | 16 | | conditions of employment and employment
relations, the | 17 | | provisions of this Act or any collective bargaining agreement
| 18 | | negotiated thereunder shall prevail and control.
Nothing in | 19 | | this Act shall be construed to replace or diminish the
rights | 20 | | of employees established by Sections 28 and 28a of the | 21 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | 22 | | of the Regional Transportation
Authority Act. The provisions | 23 | | of this Act are subject to Section 7.5 of this Act and Section |
| | | SB2447 | - 2 - | LRB102 12748 RJF 18087 b |
|
| 1 | | 5 of the State Employees Group Insurance Act of 1971. Nothing | 2 | | in this Act shall be construed to replace the necessity of | 3 | | complaints against a sworn peace officer, as defined in | 4 | | Section 2(a) of the Uniform Peace Officer Disciplinary Act, | 5 | | from having a complaint supported by a sworn affidavit.
| 6 | | (b) Except as provided in subsection (a) above, any | 7 | | collective bargaining
contract between a public employer and a | 8 | | labor organization executed pursuant
to this Act shall | 9 | | supersede any contrary statutes, charters, ordinances, rules
| 10 | | or regulations relating to wages, hours and conditions of | 11 | | employment and
employment relations adopted by the public | 12 | | employer or its agents. Any collective
bargaining agreement | 13 | | entered into prior to the effective date of this Act
shall | 14 | | remain in full force during its duration.
| 15 | | (c) It is the public policy of this State, pursuant to | 16 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 17 | | Illinois Constitution, that the
provisions of this Act are the | 18 | | exclusive exercise by the State of powers
and functions which | 19 | | might otherwise be exercised by home rule units. Such
powers | 20 | | and functions may not be exercised concurrently, either | 21 | | directly
or indirectly, by any unit of local government, | 22 | | including any home rule
unit, except as otherwise authorized | 23 | | by this Act.
| 24 | | (Source: P.A. 98-599, eff. 6-1-14 .)
| 25 | | (Text of Section WITHOUT the changes made by P.A. 98-599, |
| | | SB2447 | - 3 - | LRB102 12748 RJF 18087 b |
|
| 1 | | which has been
held unconstitutional)
| 2 | | Sec. 15. Act Takes Precedence. | 3 | | (a) In case of any conflict between the
provisions of this | 4 | | Act and any other law (other than Section 5 of the State | 5 | | Employees Group Insurance Act of 1971 and other than the | 6 | | changes made to the Illinois Pension Code by this amendatory | 7 | | Act of the 96th General Assembly), executive order or | 8 | | administrative
regulation relating to wages, hours and | 9 | | conditions of employment and employment
relations, the | 10 | | provisions of this Act or any collective bargaining agreement
| 11 | | negotiated thereunder shall prevail and control.
Nothing in | 12 | | this Act shall be construed to replace or diminish the
rights | 13 | | of employees established by Sections 28 and 28a of the | 14 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | 15 | | of the Regional Transportation
Authority Act. The provisions | 16 | | of this Act are subject to Section 5 of the State Employees | 17 | | Group Insurance Act of 1971. Nothing in this Act shall be | 18 | | construed to replace the necessity of complaints against a | 19 | | sworn peace officer, as defined in Section 2(a) of the Uniform | 20 | | Peace Officer Disciplinary Act, from having a complaint | 21 | | supported by a sworn affidavit.
| 22 | | (a-5) Notwithstanding any provision of law to the | 23 | | contrary, the provisions of this Act or any collective | 24 | | bargaining agreement negotiated between a public employer and | 25 | | the exclusive representative of peace officers thereunder | 26 | | shall not take precedence over any conflicting State or local |
| | | SB2447 | - 4 - | LRB102 12748 RJF 18087 b |
|
| 1 | | law regarding peace officers. | 2 | | (b) Except as provided in subsections (a) and (a-5) | 3 | | subsection (a) above, any collective bargaining
contract | 4 | | between a public employer and a labor organization executed | 5 | | pursuant
to this Act shall supersede any contrary statutes, | 6 | | charters, ordinances, rules
or regulations relating to wages, | 7 | | hours and conditions of employment and
employment relations | 8 | | adopted by the public employer or its agents. Any collective
| 9 | | bargaining agreement entered into prior to the effective date | 10 | | of this Act
shall remain in full force during its duration.
| 11 | | (c) It is the public policy of this State, pursuant to | 12 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 13 | | Illinois Constitution, that the
provisions of this Act are the | 14 | | exclusive exercise by the State of powers
and functions which | 15 | | might otherwise be exercised by home rule units. Such
powers | 16 | | and functions may not be exercised concurrently, either | 17 | | directly
or indirectly, by any unit of local government, | 18 | | including any home rule
unit, except as otherwise authorized | 19 | | by this Act. | 20 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
|
|