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Full Text of SB0083  97th General Assembly

SB0083enr 97TH GENERAL ASSEMBLY



 


 
SB0083 EnrolledLRB097 03011 RLJ 43042 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 3 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8    (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State Police,
12means the labor organization that has been (i) designated by
13the Board as the representative of a majority of public
14employees in an appropriate bargaining unit in accordance with
15the procedures contained in this Act, (ii) historically
16recognized by the State of Illinois or any political
17subdivision of the State before July 1, 1984 (the effective
18date of this Act) as the exclusive representative of the
19employees in an appropriate bargaining unit, (iii) after July
201, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the labor
22organization has been designated as the exclusive
23representative by a majority of the employees in an appropriate
24bargaining unit; (iv) recognized as the exclusive
25representative of personal care attendants or personal
26assistants under Executive Order 2003-8 prior to the effective

 

 

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1date of this amendatory Act of the 93rd General Assembly, and
2the organization shall be considered to be the exclusive
3representative of the personal care attendants or personal
4assistants as defined in this Section; or (v) recognized as the
5exclusive representative of child and day care home providers,
6including licensed and license exempt providers, pursuant to an
7election held under Executive Order 2005-1 prior to the
8effective date of this amendatory Act of the 94th General
9Assembly, and the organization shall be considered to be the
10exclusive representative of the child and day care home
11providers as defined in this Section.
12    With respect to non-State fire fighters and paramedics
13employed by fire departments and fire protection districts,
14non-State peace officers, and peace officers in the Department
15of State Police, "exclusive representative" means the labor
16organization that has been (i) designated by the Board as the
17representative of a majority of peace officers or fire fighters
18in an appropriate bargaining unit in accordance with the
19procedures contained in this Act, (ii) historically recognized
20by the State of Illinois or any political subdivision of the
21State before January 1, 1986 (the effective date of this
22amendatory Act of 1985) as the exclusive representative by a
23majority of the peace officers or fire fighters in an
24appropriate bargaining unit, or (iii) after January 1, 1986
25(the effective date of this amendatory Act of 1985) recognized
26by an employer upon evidence, acceptable to the Board, that the

 

 

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1labor organization has been designated as the exclusive
2representative by a majority of the peace officers or fire
3fighters in an appropriate bargaining unit.
4    Where a historical pattern of representation exists for the
5workers of a water system that was owned by a public utility,
6as defined in Section 3-105 of the Public Utilities Act, prior
7to becoming certified employees of a municipality or
8municipalities once the municipality or municipalities have
9acquired the water system as authorized in Section 11-124-5 of
10the Illinois Municipal Code, the Board shall find the labor
11organization that has historically represented the workers to
12be the exclusive representative under this Act, and shall find
13the unit represented by the exclusive representative to be the
14appropriate unit.
15    (g) "Fair share agreement" means an agreement between the
16employer and an employee organization under which all or any of
17the employees in a collective bargaining unit are required to
18pay their proportionate share of the costs of the collective
19bargaining process, contract administration, and pursuing
20matters affecting wages, hours, and other conditions of
21employment, but not to exceed the amount of dues uniformly
22required of members. The amount certified by the exclusive
23representative shall not include any fees for contributions
24related to the election or support of any candidate for
25political office. Nothing in this subsection (g) shall preclude
26an employee from making voluntary political contributions in

 

 

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1conjunction with his or her fair share payment.
2    (g-1) "Fire fighter" means, for the purposes of this Act
3only, any person who has been or is hereafter appointed to a
4fire department or fire protection district or employed by a
5state university and sworn or commissioned to perform fire
6fighter duties or paramedic duties, except that the following
7persons are not included: part-time fire fighters, auxiliary,
8reserve or voluntary fire fighters, including paid on-call fire
9fighters, clerks and dispatchers or other civilian employees of
10a fire department or fire protection district who are not
11routinely expected to perform fire fighter duties, or elected
12officials.
13    (g-2) "General Assembly of the State of Illinois" means the
14legislative branch of the government of the State of Illinois,
15as provided for under Article IV of the Constitution of the
16State of Illinois, and includes but is not limited to the House
17of Representatives, the Senate, the Speaker of the House of
18Representatives, the Minority Leader of the House of
19Representatives, the President of the Senate, the Minority
20Leader of the Senate, the Joint Committee on Legislative
21Support Services and any legislative support services agency
22listed in the Legislative Commission Reorganization Act of
231984.
24    (h) "Governing body" means, in the case of the State, the
25State Panel of the Illinois Labor Relations Board, the Director
26of the Department of Central Management Services, and the

 

 

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1Director of the Department of Labor; the county board in the
2case of a county; the corporate authorities in the case of a
3municipality; and the appropriate body authorized to provide
4for expenditures of its funds in the case of any other unit of
5government.
6    (i) "Labor organization" means any organization in which
7public employees participate and that exists for the purpose,
8in whole or in part, of dealing with a public employer
9concerning wages, hours, and other terms and conditions of
10employment, including the settlement of grievances.
11    (j) "Managerial employee" means an individual who is
12engaged predominantly in executive and management functions
13and is charged with the responsibility of directing the
14effectuation of management policies and practices.
15    (k) "Peace officer" means, for the purposes of this Act
16only, any persons who have been or are hereafter appointed to a
17police force, department, or agency and sworn or commissioned
18to perform police duties, except that the following persons are
19not included: part-time police officers, special police
20officers, auxiliary police as defined by Section 3.1-30-20 of
21the Illinois Municipal Code, night watchmen, "merchant
22police", court security officers as defined by Section 3-6012.1
23of the Counties Code, temporary employees, traffic guards or
24wardens, civilian parking meter and parking facilities
25personnel or other individuals specially appointed to aid or
26direct traffic at or near schools or public functions or to aid

 

 

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1in civil defense or disaster, parking enforcement employees who
2are not commissioned as peace officers and who are not armed
3and who are not routinely expected to effect arrests, parking
4lot attendants, clerks and dispatchers or other civilian
5employees of a police department who are not routinely expected
6to effect arrests, or elected officials.
7    (l) "Person" includes one or more individuals, labor
8organizations, public employees, associations, corporations,
9legal representatives, trustees, trustees in bankruptcy,
10receivers, or the State of Illinois or any political
11subdivision of the State or governing body, but does not
12include the General Assembly of the State of Illinois or any
13individual employed by the General Assembly of the State of
14Illinois.
15    (m) "Professional employee" means any employee engaged in
16work predominantly intellectual and varied in character rather
17than routine mental, manual, mechanical or physical work;
18involving the consistent exercise of discretion and adjustment
19in its performance; of such a character that the output
20produced or the result accomplished cannot be standardized in
21relation to a given period of time; and requiring advanced
22knowledge in a field of science or learning customarily
23acquired by a prolonged course of specialized intellectual
24instruction and study in an institution of higher learning or a
25hospital, as distinguished from a general academic education or
26from apprenticeship or from training in the performance of

 

 

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1routine mental, manual, or physical processes; or any employee
2who has completed the courses of specialized intellectual
3instruction and study prescribed in this subsection (m) and is
4performing related work under the supervision of a professional
5person to qualify to become a professional employee as defined
6in this subsection (m).
7    (n) "Public employee" or "employee", for the purposes of
8this Act, means any individual employed by a public employer,
9including (i) interns and residents at public hospitals, (ii)
10as of the effective date of this amendatory Act of the 93rd
11General Assembly, but not before, personal care attendants and
12personal assistants working under the Home Services Program
13under Section 3 of the Disabled Persons Rehabilitation Act,
14subject to the limitations set forth in this Act and in the
15Disabled Persons Rehabilitation Act, and (iii) as of the
16effective date of this amendatory Act of the 94th General
17Assembly, but not before, child and day care home providers
18participating in the child care assistance program under
19Section 9A-11 of the Illinois Public Aid Code, subject to the
20limitations set forth in this Act and in Section 9A-11 of the
21Illinois Public Aid Code, but excluding all of the following:
22employees of the General Assembly of the State of Illinois;
23elected officials; executive heads of a department; members of
24boards or commissions; the Executive Inspectors General; any
25special Executive Inspectors General; employees of each Office
26of an Executive Inspector General; commissioners and employees

 

 

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1of the Executive Ethics Commission; the Auditor General's
2Inspector General; employees of the Office of the Auditor
3General's Inspector General; the Legislative Inspector
4General; any special Legislative Inspectors General; employees
5of the Office of the Legislative Inspector General;
6commissioners and employees of the Legislative Ethics
7Commission; employees of any agency, board or commission
8created by this Act; employees appointed to State positions of
9a temporary or emergency nature; all employees of school
10districts and higher education institutions except
11firefighters and peace officers employed by a state university
12and except peace officers employed by a school district in its
13own police department in existence on the effective date of
14this amendatory Act of the 96th General Assembly; managerial
15employees; short-term employees; confidential employees;
16independent contractors; and supervisors except as provided in
17this Act.
18    Personal care attendants and personal assistants shall not
19be considered public employees for any purposes not
20specifically provided for in the amendatory Act of the 93rd
21General Assembly, including but not limited to, purposes of
22vicarious liability in tort and purposes of statutory
23retirement or health insurance benefits. Personal care
24attendants and personal assistants shall not be covered by the
25State Employees Group Insurance Act of 1971 (5 ILCS 375/).
26    Child and day care home providers shall not be considered

 

 

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1public employees for any purposes not specifically provided for
2in this amendatory Act of the 94th General Assembly, including
3but not limited to, purposes of vicarious liability in tort and
4purposes of statutory retirement or health insurance benefits.
5Child and day care home providers shall not be covered by the
6State Employees Group Insurance Act of 1971.
7    Notwithstanding Section 9, subsection (c), or any other
8provisions of this Act, all peace officers above the rank of
9captain in municipalities with more than 1,000,000 inhabitants
10shall be excluded from this Act.
11    (o) Except as otherwise in subsection (o-5), "public
12employer" or "employer" means the State of Illinois; any
13political subdivision of the State, unit of local government or
14school district; authorities including departments, divisions,
15bureaus, boards, commissions, or other agencies of the
16foregoing entities; and any person acting within the scope of
17his or her authority, express or implied, on behalf of those
18entities in dealing with its employees. As of the effective
19date of the amendatory Act of the 93rd General Assembly, but
20not before, the State of Illinois shall be considered the
21employer of the personal care attendants and personal
22assistants working under the Home Services Program under
23Section 3 of the Disabled Persons Rehabilitation Act, subject
24to the limitations set forth in this Act and in the Disabled
25Persons Rehabilitation Act. The State shall not be considered
26to be the employer of personal care attendants and personal

 

 

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1assistants for any purposes not specifically provided for in
2this amendatory Act of the 93rd General Assembly, including but
3not limited to, purposes of vicarious liability in tort and
4purposes of statutory retirement or health insurance benefits.
5Personal care attendants and personal assistants shall not be
6covered by the State Employees Group Insurance Act of 1971 (5
7ILCS 375/). As of the effective date of this amendatory Act of
8the 94th General Assembly but not before, the State of Illinois
9shall be considered the employer of the day and child care home
10providers participating in the child care assistance program
11under Section 9A-11 of the Illinois Public Aid Code, subject to
12the limitations set forth in this Act and in Section 9A-11 of
13the Illinois Public Aid Code. The State shall not be considered
14to be the employer of child and day care home providers for any
15purposes not specifically provided for in this amendatory Act
16of the 94th General Assembly, including but not limited to,
17purposes of vicarious liability in tort and purposes of
18statutory retirement or health insurance benefits. Child and
19day care home providers shall not be covered by the State
20Employees Group Insurance Act of 1971.
21    "Public employer" or "employer" as used in this Act,
22however, does not mean and shall not include the General
23Assembly of the State of Illinois, the Executive Ethics
24Commission, the Offices of the Executive Inspectors General,
25the Legislative Ethics Commission, the Office of the
26Legislative Inspector General, the Office of the Auditor

 

 

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1General's Inspector General, and educational employers or
2employers as defined in the Illinois Educational Labor
3Relations Act, except with respect to a state university in its
4employment of firefighters and peace officers and except with
5respect to a school district in the employment of peace
6officers in its own police department in existence on the
7effective date of this amendatory Act of the 96th General
8Assembly. County boards and county sheriffs shall be designated
9as joint or co-employers of county peace officers appointed
10under the authority of a county sheriff. Nothing in this
11subsection (o) shall be construed to prevent the State Panel or
12the Local Panel from determining that employers are joint or
13co-employers.
14    (o-5) With respect to wages, fringe benefits, hours,
15holidays, vacations, proficiency examinations, sick leave, and
16other conditions of employment, the public employer of public
17employees who are court reporters, as defined in the Court
18Reporters Act, shall be determined as follows:
19        (1) For court reporters employed by the Cook County
20    Judicial Circuit, the chief judge of the Cook County
21    Circuit Court is the public employer and employer
22    representative.
23        (2) For court reporters employed by the 12th, 18th,
24    19th, and, on and after December 4, 2006, the 22nd judicial
25    circuits, a group consisting of the chief judges of those
26    circuits, acting jointly by majority vote, is the public

 

 

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1    employer and employer representative.
2        (3) For court reporters employed by all other judicial
3    circuits, a group consisting of the chief judges of those
4    circuits, acting jointly by majority vote, is the public
5    employer and employer representative.
6    (p) "Security employee" means an employee who is
7responsible for the supervision and control of inmates at
8correctional facilities. The term also includes other
9non-security employees in bargaining units having the majority
10of employees being responsible for the supervision and control
11of inmates at correctional facilities.
12    (q) "Short-term employee" means an employee who is employed
13for less than 2 consecutive calendar quarters during a calendar
14year and who does not have a reasonable assurance that he or
15she will be rehired by the same employer for the same service
16in a subsequent calendar year.
17    (r) "Supervisor" is an employee whose principal work is
18substantially different from that of his or her subordinates
19and who has authority, in the interest of the employer, to
20hire, transfer, suspend, lay off, recall, promote, discharge,
21direct, reward, or discipline employees, to adjust their
22grievances, or to effectively recommend any of those actions,
23if the exercise of that authority is not of a merely routine or
24clerical nature, but requires the consistent use of independent
25judgment. Except with respect to police employment, the term
26"supervisor" includes only those individuals who devote a

 

 

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1preponderance of their employment time to exercising that
2authority, State supervisors notwithstanding. In addition, in
3determining supervisory status in police employment, rank
4shall not be determinative. The Board shall consider, as
5evidence of bargaining unit inclusion or exclusion, the common
6law enforcement policies and relationships between police
7officer ranks and certification under applicable civil service
8law, ordinances, personnel codes, or Division 2.1 of Article 10
9of the Illinois Municipal Code, but these factors shall not be
10the sole or predominant factors considered by the Board in
11determining police supervisory status.
12    Notwithstanding the provisions of the preceding paragraph,
13in determining supervisory status in fire fighter employment,
14no fire fighter shall be excluded as a supervisor who has
15established representation rights under Section 9 of this Act.
16Further, in new fire fighter units, employees shall consist of
17fire fighters of the rank of company officer and below. If a
18company officer otherwise qualifies as a supervisor under the
19preceding paragraph, however, he or she shall not be included
20in the fire fighter unit. If there is no rank between that of
21chief and the highest company officer, the employer may
22designate a position on each shift as a Shift Commander, and
23the persons occupying those positions shall be supervisors. All
24other ranks above that of company officer shall be supervisors.
25    (s) (1) "Unit" means a class of jobs or positions that are
26    held by employees whose collective interests may suitably

 

 

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1    be represented by a labor organization for collective
2    bargaining. Except with respect to non-State fire fighters
3    and paramedics employed by fire departments and fire
4    protection districts, non-State peace officers, and peace
5    officers in the Department of State Police, a bargaining
6    unit determined by the Board shall not include both
7    employees and supervisors, or supervisors only, except as
8    provided in paragraph (2) of this subsection (s) and except
9    for bargaining units in existence on July 1, 1984 (the
10    effective date of this Act). With respect to non-State fire
11    fighters and paramedics employed by fire departments and
12    fire protection districts, non-State peace officers, and
13    peace officers in the Department of State Police, a
14    bargaining unit determined by the Board shall not include
15    both supervisors and nonsupervisors, or supervisors only,
16    except as provided in paragraph (2) of this subsection (s)
17    and except for bargaining units in existence on January 1,
18    1986 (the effective date of this amendatory Act of 1985). A
19    bargaining unit determined by the Board to contain peace
20    officers shall contain no employees other than peace
21    officers unless otherwise agreed to by the employer and the
22    labor organization or labor organizations involved.
23    Notwithstanding any other provision of this Act, a
24    bargaining unit, including a historical bargaining unit,
25    containing sworn peace officers of the Department of
26    Natural Resources (formerly designated the Department of

 

 

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1    Conservation) shall contain no employees other than such
2    sworn peace officers upon the effective date of this
3    amendatory Act of 1990 or upon the expiration date of any
4    collective bargaining agreement in effect upon the
5    effective date of this amendatory Act of 1990 covering both
6    such sworn peace officers and other employees.
7        (2) Notwithstanding the exclusion of supervisors from
8    bargaining units as provided in paragraph (1) of this
9    subsection (s), a public employer may agree to permit its
10    supervisory employees to form bargaining units and may
11    bargain with those units. This Act shall apply if the
12    public employer chooses to bargain under this subsection.
13        (3) Public employees who are court reporters, as
14    defined in the Court Reporters Act, shall be divided into 3
15    units for collective bargaining purposes. One unit shall be
16    court reporters employed by the Cook County Judicial
17    Circuit; one unit shall be court reporters employed by the
18    12th, 18th, 19th, and, on and after December 4, 2006, the
19    22nd judicial circuits; and one unit shall be court
20    reporters employed by all other judicial circuits.
21(Source: P.A. 95-331, eff. 8-21-07; 96-1257, eff. 7-23-10.)
 
22    Section 10. The Illinois Municipal Code is amended by
23changing Section 11-124-5 as follows:
 
24    (65 ILCS 5/11-124-5)

 

 

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1    Sec. 11-124-5. Acquisition of water systems by eminent
2domain.
3    (a) In addition to other provisions providing for the
4acquisition of water systems or water works, whenever a public
5utility subject to the Public Utilities Act utilizes public
6property (including, but not limited to, right-of-way) of a
7municipality for the installation or maintenance of all or part
8of its water distribution system, the municipality has the
9right to exercise eminent domain to acquire all or part of the
10water system, in accordance with this Section. Unless it
11complies with the provisions set forth in this Section, a
12municipality is not permitted to acquire by eminent domain that
13portion of a system located in another incorporated
14municipality without agreement of that municipality, but this
15provision shall not prevent the acquisition of that portion of
16the water system existing within the acquiring municipality.
17    (b) Where a water system that is owned by a public utility
18(as defined in the Public 16 Utilities Act) provides water to
19customers located in 2 or more municipalities, the system may
20be acquired by a majority either or all of the municipalities
21by eminent domain if there is in existence an intergovernmental
22agreement between the municipalities served providing for
23acquisition. If the system is to be acquired by more than one
24municipality, then there must be an intergovernmental
25agreement in existence between the acquiring municipalities
26providing for the acquisition.

 

 

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1    (c) If a water system that is owned by a public utility
2provides water to customers located in one or more
3municipalities and also to customers in an unincorporated area
4and if at least 70% of the customers of the system or portion
5thereof are located within the municipality or municipalities,
6then the system, or portion thereof as determined by the
7corporate authorities, may be acquired, using eminent domain or
8otherwise, by either a municipality under subsection (a) or an
9entity created by agreement between municipalities where at
10least 70% of the customers reside. For the purposes of
11determining "customers of the system", only retail customers
12directly billed by the company shall be included in the
13computation. The number of customers of the system most
14recently reported to the Illinois Commerce Commission for any
15calendar year preceding the year a resolution is passed by a
16municipality or municipalities expressing preliminary intent
17to purchase the water system or portion thereof shall be
18presumed to be the total number of customers within the system.
19The public utility shall provide information relative to the
20number of customers within each municipality and within the
21system within 60 days after any such request by a municipality.
22    (d) In the case of acquisition by a municipality or
23municipalities or a public entity created by law to own or
24operate a water system under this Section, service and water
25supply must be provided to persons who are customers of the
26system on the effective date of this amendatory Act of the 94th

 

 

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1General Assembly without discrimination based on whether the
2customer is located within or outside of the boundaries of the
3acquiring municipality or municipalities or entity, and a
4supply contract existing on the effective date of this
5amendatory Act of the 94th General Assembly must be honored by
6an acquiring municipality, municipalities, or entity according
7to the terms so long as the agreement does not conflict with
8any other existing agreement.
9    (e) For the purposes of this Section, "system" includes all
10assets reasonably necessary to provide water service to a
11contiguous or compact geographical service area or to an area
12served by a common pipeline and include, but are not limited
13to, interests in real estate, all wells, pipes, treatment
14plants, pumps and other physical apparatus, data and records of
15facilities and customers, fire hydrants, equipment, or
16vehicles and also includes service agreements and obligations
17derived from use of the assets, whether or not the assets are
18contiguous to the municipality, municipalities, or entity
19created for the purpose of owning or operating a water system.
20    (f) Before making a good faith offer, a municipality may
21pass a resolution of intent to study the feasibility of
22purchasing or exercising its power of eminent domain to acquire
23any water system or water works, sewer system or sewer works,
24or combined water and sewer system or works, or part thereof.
25Upon the passage of such a resolution, the municipality shall
26have the right to review and inspect all financial and other

 

 

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1records, and both corporeal and incorporeal assets of such
2utility related to the condition and the operation of the
3system or works, or part thereof, as part of the study and
4determination of feasibility of the proposed acquisition by
5purchase or exercise of the power of eminent domain, and the
6utility shall make knowledgeable persons who have access to all
7relevant facts and information regarding the subject system or
8works available to answer inquiries related to the study and
9determination.
10    The right to review and inspect shall be upon reasonable
11notice to the utility, with reasonable inspection and review
12time limitations and reasonable response times for production,
13copying, and answer. In addition, the utility may utilize a
14reasonable security protocol for personnel on the
15municipality's physical inspection team.
16    In the absence of other agreement, the utility must respond
17to any notice by the municipality concerning its review and
18inspection within 21 days after receiving the notice. The
19review and inspection of the assets of the company shall be
20over such period of time and carried out in such manner as is
21reasonable under the circumstances.
22    Information requested that is not privileged or protected
23from discovery under the Illinois Code of Civil Procedure but
24is reasonably claimed to be proprietary, including, without
25limitation, information that constitutes trade secrets or
26information that involves system security concerns, shall be

 

 

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1provided, but shall not be considered a public record and shall
2be kept confidential by the municipality.
3    In addition, the municipality must, upon request,
4reimburse the utility for the actual, reasonable costs and
5expenses, excluding attorneys' fees, incurred by the utility as
6a result of the municipality's inspection and requests for
7information. Upon written request, the utility shall issue a
8statement itemizing, with reasonable detail, the costs and
9expenses for which reimbursement is sought by the utility.
10Where such written request for a statement has been made, no
11payment shall be required until 30 days after receipt of the
12statement. Such reimbursement by the municipality shall be
13considered income for purposes of any rate proceeding or other
14financial request before the Illinois Commerce Commission by
15the utility.
16    The municipality and the utility shall cooperate to resolve
17any dispute arising under this subsection. In the event the
18dispute under this subsection cannot be resolved, either party
19may request relief from the circuit court in any county in
20which the water system is located, with the prevailing party to
21be awarded such relief as the court deems appropriate under the
22discovery abuse sanctions currently set forth in the Illinois
23Code of Civil Procedure.
24    The municipality's right to inspect physical assets and
25records in connection with the purpose of this Section shall
26not be exercised with respect to any system more than one time

 

 

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1during a 5-year period, unless a substantial change in the size
2of the system or condition of the operating assets of the
3system has occurred since the previous inspection. Rights under
4franchise agreements and other agreements or statutory or
5regulatory provisions are not limited by this Section and are
6preserved.
7    The passage of time between an inspection of the utilities
8and physical assets and the making of a good faith offer or
9initiation of an eminent domain action because of the limit
10placed on inspections by this subsection shall not be used as a
11basis for challenging the good faith of any offer or be used as
12the basis for attacking any appraisal, expert, argument, or
13position before a court related to an acquisition by purchase
14or eminent domain.
15    (g) Notwithstanding any other provision of law, the
16Illinois Commerce Commission has no approval authority of any
17eminent domain action brought by any governmental entity or
18combination of such entities to acquire water systems or water
19works.
20    (h) The provisions of this Section are severable under
21Section 1.31 of the Statute on Statutes.
22    (i) This Section does not apply to any public utility
23company that, on January 1, 2006, supplied a total of 70,000 or
24fewer meter connections in the State unless and until (i) that
25public utility company receives approval from the Illinois
26Commerce Commission under Section 7-204 of the Public Utilities

 

 

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1Act for the reorganization of the public utility company or
2(ii) the majority control of the company changes through a
3stock sale, a sale of assets, a merger (other than an internal
4reorganization) or otherwise. For the purpose of this Section,
5"public utility company" means the public utility providing
6water service and includes any of its corporate parents,
7subsidiaries, or affiliates possessing a franchised water
8service in the State.
9    (j) Any contractor or subcontractor that performs work on a
10water system acquired by a municipality or municipalities under
11this Section shall comply with the requirements of Section
1230-22 of the Illinois Procurement Code. The contractor or
13subcontractor shall submit evidence of compliance with Section
1430-22 to the municipality or municipalities.
15    (k) The municipality or municipalities acquiring the water
16system shall offer available employee positions to the
17qualified employees of the acquired water system.
18(Source: P.A. 94-1007, eff. 1-1-07.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.