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91_SB1283sam001
LRB9109070DJcdam
1 AMENDMENT TO SENATE BILL 1283
2 AMENDMENT NO. . Amend Senate Bill 1283 as follows:
3 on page 7, between lines 8 and 9, by inserting the following:
4 "Section 12. The Illinois Public Labor Relations Act is
5 amended by changing Section 5 as follows:
6 (5 ILCS 315/5) (from Ch. 48, par. 1605)
7 Sec. 5. Illinois Labor Relations Boards. (a) There is
8 created the Illinois State Labor Relations Board ("State
9 Board") which shall have jurisdiction over collective
10 bargaining matters between employee organizations and the
11 State of Illinois, excluding the General Assembly of the
12 State of Illinois, between employee organizations and units
13 of local government and school districts with a population
14 not in excess of 2,000,000 1 million persons, and between
15 employee organizations and the Regional Transportation
16 Authority. The State Board shall consist of 3 members
17 appointed by the Governor, with the advice and consent of the
18 Senate. The Governor shall appoint to the State Board only
19 persons who have had a minimum of 5 years of experience
20 directly related to labor and employment relations in
21 representing public employers, private employers or labor
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1 organizations; or teaching labor or employment relations; or
2 administering executive orders or regulations applicable to
3 labor or employment relations. At the time of his or her
4 appointment, each member of the State Board shall be an
5 Illinois resident. The Governor shall designate one member
6 to serve as the Chairman of the State Board. The Chairman
7 shall initially be appointed for a term of two years. The
8 second member shall serve for a term of 3 years, and the
9 third member shall serve a term of 4 years. Each subsequent
10 member shall be appointed for a term of 4 years. Upon
11 expiration of the term of office of any appointive member,
12 that member shall continue to serve until a successor shall
13 be appointed and qualified. In case of a vacancy, a
14 successor shall be appointed to serve for the unexpired
15 portion of the term. The terms of members shall commence on
16 the 4th Monday in January of the year they are appointed
17 except that if the Senate is not in session at the time the
18 initial appointments are made, the Governor shall make
19 temporary appointments in the same manner successors are
20 appointed to fill vacancies. A temporary appointment shall
21 remain in effect no longer than 20 calendar days after the
22 commencement of the next Senate session.
23 (b) There is created the Illinois Local Labor Relations
24 Board ("Local Board") which shall have jurisdiction over
25 collective bargaining agreement matters between employee
26 organizations and units of local government with a population
27 in excess of 2,000,000 1 million persons, but excluding the
28 Regional Transportation Authority. The Local Board shall
29 consist of the Chairman of the State Board and two additional
30 members, one appointed by the Mayor of the City of Chicago
31 and one appointed by the President of the Cook County Board
32 of Commissioners. Appointees to the Local Board must have
33 had a minimum of 5 years of experience directly related to
34 labor and employment relations in representing public
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1 employers, private employers or labor organizations; or
2 teaching labor or employment relations; or administering
3 executive orders or regulations applicable to labor or
4 employment relations. Each member of the Local Board shall be
5 an Illinois resident at the time of his or her appointment.
6 The Chairman of the State Board shall serve as the Chairman
7 of the Local Board. The member initially appointed by the
8 President of the Cook County Board shall serve for a term of
9 3 years and the member appointed by the Mayor of the City of
10 Chicago shall serve for a term of 4 years. Each subsequent
11 member shall be appointed for a term of 4 years. Upon
12 expiration of the term of office of any appointive member,
13 the member shall continue to serve until a successor shall be
14 appointed and qualified. In the case of a vacancy, a
15 successor shall be appointed by the applicable appointive
16 authority to serve for the unexpired portion of the term.
17 The terms of members shall commence on the 4th Monday in
18 January of the year they are appointed.
19 (c) Two members of each governing board shall at all
20 times constitute a quorum. A vacancy on a governing board
21 does not impair the right of the 2 remaining members to
22 exercise all of the powers of that board. Each governing
23 board shall adopt an official seal which shall be judicially
24 noticed. The salary of the Chairman shall be $50,000 per
25 year, or as set by the Compensation Review Board, whichever
26 is greater, and that of the other members of the State Board
27 and the Local Board shall be $45,000 per year, or as set by
28 the Compensation Review Board, whichever is greater.
29 (d) No member shall hold any other public office or be
30 employed as a labor or management representative by the State
31 or any political subdivision of the State or of any
32 department or agency thereof, or actively represent or act on
33 behalf of an employer or an employee organization or an
34 employer in labor relations matters. Any member of the State
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1 Board may be removed from office by the Governor for
2 inefficiency, neglect of duty, misconduct or malfeasance in
3 office, and for no other cause, and only upon notice and
4 hearing. Any member of the Local Board may be removed from
5 office by the applicable appointive authority for
6 inefficiency, neglect of duty, misconduct or malfeasance in
7 office, and for no other cause, and only upon notice and
8 hearing.
9 (e) Each governing board at the end of every State
10 fiscal year shall make a report in writing to the Governor
11 and the General Assembly, stating in detail the work it has
12 done in hearing and deciding cases and otherwise.
13 (f) In order to accomplish the objectives and carry out
14 the duties prescribed by this Act, the governing boards or
15 their authorized designees may hold elections to determine
16 whether a labor organization has majority status; investigate
17 and attempt to resolve or settle charges of unfair labor
18 practices; hold hearings in order to carry out its functions;
19 develop and effectuate appropriate impasse resolution
20 procedures for purposes of resolving labor disputes; require
21 the appearance of witnesses and the production of evidence on
22 any matter under inquiry; and administer oaths and
23 affirmations. The governing boards shall sign and report in
24 full an opinion in every case which they decide.
25 (g) Each governing board may appoint or employ an
26 executive director, attorneys, hearing officers, mediators,
27 fact-finders, arbitrators, and such other employees as they
28 deem necessary to perform their functions. The governing
29 boards shall prescribe the duties and qualifications of such
30 persons appointed and, subject to the annual appropriation,
31 fix their compensation and provide for reimbursement of
32 actual and necessary expenses incurred in the performance of
33 their duties.
34 (h) Each governing board shall exercise general
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1 supervision over all attorneys which it employs and over the
2 other persons employed to provide necessary support services
3 for such attorneys. The governing boards shall have final
4 authority in respect to complaints brought pursuant to this
5 Act.
6 (i) The following rules and regulations shall be adopted
7 by the governing boards meeting in joint session: (1)
8 procedural rules and regulations which shall govern all Board
9 proceedings; (2) procedures for election of exclusive
10 bargaining representatives pursuant to Section 9, except for
11 the determination of appropriate bargaining units; (3)
12 appointment of counsel pursuant to subsection (k) of this
13 Section.
14 (j) Rules and regulations may be adopted, amended or
15 rescinded only upon a vote of four of the five members of the
16 State Board and the Local Board meeting in joint session.
17 The adoption, amendment or rescission of rules and
18 regulations shall be in conformity with the requirements of
19 the Illinois Administrative Procedure Act.
20 (k) The Governing Boards in joint session shall
21 promulgate rules and regulations providing for the
22 appointment of attorneys or other Board representatives to
23 represent persons in unfair labor practice proceedings before
24 a governing board. The regulations governing appointment
25 shall require the applicant to demonstrate an inability to
26 pay for or inability to otherwise provide for adequate
27 representation before a governing board. Such rules must
28 also provide: (1) that an attorney may not be appointed in
29 cases which, in the opinion of a Board, are clearly without
30 merit; (2) the stage of the unfair labor proceeding at which
31 counsel will be appointed; and (3) the circumstances under
32 which a client will be allowed to select counsel.
33 (1) The governing boards in joint session may promulgate
34 rules and regulations which allow parties in proceedings
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1 before a governing board to be represented by counsel or any
2 other representative of the party's choice.
3 (m) The Chairman of the governing boards shall serve as
4 Chairman of a joint session of the governing boards.
5 Attendance of at least one member from each governing board,
6 in addition to the Chairman, shall constitute a quorum at a
7 joint session. The governing boards shall meet in joint
8 session within 60 days of the effective date of this Act and
9 at least annually thereafter.
10 (Source: P.A. 85-1440.)"; and
11 on page 173, line 8, by replacing "8.2" with "3, 8.2,"; and
12 between lines 8 and 9, by inserting the following:
13 "(310 ILCS 10/3) (from Ch. 67 1/2, par. 3)
14 Sec. 3. The governing body of any city, village or
15 incorporated town having more than 25,000 inhabitants, or of
16 any county of this State, may, by resolution, determine that
17 there is need for a housing authority in the city, village,
18 incorporated town or county. Upon adoption, the resolution
19 shall be forwarded to the Department together with a
20 statement of reasons or findings supporting the resolution.
21 The Department shall thereupon issue a certificate to the
22 presiding officer of the city, village, incorporated town or
23 county for the creation of an authority if it shall find (a)
24 that unsanitary or unsafe inhabited dwelling accommodations
25 exist in the city, village, incorporated town or county, and
26 (b) that there is a shortage of safe or sanitary and
27 affordable dwelling accommodations in the city, village,
28 incorporated town or county available to persons who lack the
29 amount of income which is necessary (as determined by the
30 Department) to enable them without financial assistance to
31 live in decent, safe and sanitary and affordable dwellings
32 without over-crowding. In determining whether dwelling
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1 accommodations are unsafe or unsanitary the Department may
2 take into consideration the degree of over-crowding, the
3 percentage of land coverage, the light, air, space and access
4 available to the inhabitants of such dwelling accommodations,
5 the size and arrangement of the rooms, the sanitary
6 facilities and the extent to which conditions exist in the
7 buildings which endanger life or property by fire or other
8 causes. In making its determination, the Department may also
9 consider whether or not the needs of the applicant are
10 currently being met by an existing housing authority. The
11 Department may also take into consideration whether or not
12 the creation of a new housing authority would be an
13 unnecessary duplication of services.
14 As soon as possible after the issuance of a certificate
15 by the Department the presiding officer of the city, village,
16 incorporated town or county shall appoint, with the approval
17 of the governing body of the unit of local government, 5
18 commissioners with initial terms of 1, 2, 3, 4, and 5 years,
19 except as follows:
20 (i) for the Housing Authority in any municipality
21 having over 500,000 inhabitants, the presiding officer
22 shall appoint 7 commissioners, with initial terms of 4
23 and 5 years for the 2 additional commissioners authorized
24 and appointed under this amendatory Act of 1982, and the
25 presiding officer shall designate one commissioner as
26 Chairman of the Authority; and
27 (ii) if a county has at least 80,000 but fewer than
28 90,000 inhabitants according to the 1990 federal
29 decennial census, then the Housing Authority in any
30 municipality in the county may have 7 commissioners
31 appointed by the presiding officer of the municipality,
32 with initial terms of 4 and 5 years for the 2 additional
33 commissioners authorized and appointed in accordance with
34 this amendatory Act of 1993;
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1 (iii) if a county has at least 170,000 but fewer
2 than 500,000 inhabitants, according to the 1990 Federal
3 decennial census, then the county board may, with respect
4 to one or more commissioners, cede powers of appointment,
5 confirmation, and removal of those commissioners to one
6 or more municipalities within the county by
7 intergovernmental agreement; and
8 (iv) for any Housing Authority the presiding
9 officer may appoint 7 commissioners, with initial terms
10 of 4 and 5 years for the 2 additional commissioners
11 authorized and appointed under this amendatory Act of the
12 91st General Assembly.
13 In cases where a county of more than 500,000 but less
14 than 3 million population is the area of operation of an
15 Authority, the presiding officer of the county board of the
16 county shall appoint 7 commissioners to the housing
17 authority, 2 of whom may be members of that county board.
18 The county members appointed to the Authority under this
19 Section shall serve such term or until termination of their
20 county board service, whichever first occurs. Upon the
21 approval by the governing body of the appointments, the
22 presiding officer shall cause a certificate of such
23 appointments and of its approval thereof to be filed in the
24 office in which deeds of property in the area of operation
25 are recorded, and upon filing the persons so appointed and
26 approved shall be fully constituted an Authority.
27 At the expiration of the term of each commissioner, and
28 of each succeeding commissioner, or in the event of a
29 vacancy, the presiding officer shall appoint a commissioner,
30 subject to the approval of the governing body as aforesaid,
31 to hold office, in the case of a vacancy for the unexpired
32 term, or in the case of expiration for a term of five years,
33 or until his successor shall have been appointed and
34 qualified. Each appointment shall be effective upon the
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1 filing by the presiding officer of a certificate of
2 appointment in the office of the Recorder of Deeds in the
3 County where the Authority is located.
4 In case a county is the area of operation of an
5 Authority, the area shall not be deemed to include any city,
6 village, or incorporated town within the county within which
7 an Authority at that time exists. If thereafter an Authority
8 is organized with respect to any city, village, or
9 incorporated town within the county, the county Authority
10 shall have no power to initiate any further project within
11 the city, village, or incorporated town. However, if there
12 are any existing projects within the city, village or
13 incorporated town currently owned and operated by the county
14 Authority they shall remain in the county Authority's
15 ownership, custody and control.
16 Every commissioner shall be a resident of the area of
17 operation of the Authority; provided, that in respect to an
18 Authority created for a county, residence in any city,
19 village or incorporated town within such county shall not be
20 a disqualification for appointment as a Commissioner for such
21 county Authority notwithstanding that such city, village or
22 incorporated town may be excluded from the area of operation
23 of such Authority. Any public officer shall be eligible to
24 serve as a commissioner, and the acceptance of appointment as
25 such shall not terminate nor impair his public office, the
26 provision of any statute to the contrary notwithstanding; but
27 no member of the Department shall be eligible to serve as a
28 commissioner, nor shall more than two public officers be
29 commissioners of the same Authority at one time; Provided,
30 that membership on any Authority at the same time of more
31 than two public officers shall not affect or impair the
32 validity of any Act undertaken or power exercised by the
33 Authority pursuant to Law. The term "public officer" as
34 herein used means a person holding a state or local
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1 governmental office required to be filled by the vote of
2 electors, and for which provision is made by law for the
3 payment of annual compensation from public funds.
4 Except as otherwise provided, all provisions of this Act
5 shall apply to a Housing Authority established for more than
6 one county, and, unless the context shall otherwise indicate,
7 the word county shall be construed also to mean counties. An
8 Authority may subsequently be established separately for any
9 one or more counties, by compliance with the terms of this
10 Act, and, if an Authority is established, it shall take over
11 all property and obligations, within the county or counties,
12 of the Authority previously including it or them within its
13 area of operation, and the Authority shall have no further
14 jurisdiction within the territory of the county or counties,
15 but nothing herein shall affect the power of a Housing
16 Authority to operate outside its area of operation, as
17 provided by Section 30. Subsection (b) of Section 17 shall
18 apply to a Housing Authority created under the provisions of
19 this Section. In all cases in which a Housing Authority
20 embraces the territory of more than one county, each county
21 shall have, within its territory, the powers conferred by
22 Section 29, and by the Housing Cooperation Law.
23 In addition to the commissioners provided for in this
24 Section, there are created 3 additional commissioner
25 positions for each housing authority of a municipality of
26 more than 1,000,000 inhabitants. These new commissioners
27 shall be appointed from current residents of the housing
28 authority and shall be appointed from a list presented to the
29 appointing authority by official tenants' associations of
30 residents of the housing authority. A tenants' association
31 is "official" if it satisfies the requirements of a Resident
32 Council/Resident Organization/Resident Management
33 Organization established by the federal Department of Housing
34 and Urban Development. This paragraph shall not apply to
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1 housing authorities in jurisdictions where no official
2 tenants' associations exist. However, upon the creation of
3 an official association, the new commissioner positions shall
4 be created 6 months thereafter.
5 Each tenants' association shall determine the method of
6 choosing residents to be recommended for appointment.
7 Tenants' associations may act in unison in recommending
8 residents for appointment.
9 In units of local government of more than 2,000,000
10 1,000,000 inhabitants, each tenants' association shall submit
11 not more than 2 residents for consideration. If associations
12 act in unison, they may submit a number representing 2 names
13 for each association. The appointing authority shall make
14 the appointments within 45 days of receiving the
15 recommendations.
16 A Housing Authority created under the preceding terms of
17 this Section shall be designated as the Housing Authority of
18 the city, village, incorporated town, county, or of the
19 several counties within its area of operation.
20 Any 2 or more home rule municipalities within the same
21 county may create a housing authority by intergovernmental
22 agreement. The agreement shall be for an indefinite
23 duration. If a housing authority is created by 2 or more
24 home rule municipalities under this paragraph, appointments
25 and confirmation of commissioners to the board and removal of
26 commissioners from the board shall be made as set forth in
27 the agreement. The agreement may include, in addition to
28 other terms and conditions governing the operation of the
29 board, provisions that increase the number of commissioners
30 otherwise authorized by this Act to a number no greater than
31 9. The agreement also may provide for staggered terms for
32 the commissioners and for the length of the commissioners'
33 initial terms. An intergovernmental agreement between 2 or
34 more home rule municipalities creating a housing authority
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1 may include other terms the municipalities deem desirable.
2 The terms may include reporting and oversight requirements
3 binding on the housing authority board agreed upon by the
4 parties. This paragraph shall not be construed as a
5 limitation on home rule municipalities.
6 (Source: P.A. 91-218, eff. 7-20-99.).".