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Full Text of SB0083  97th General Assembly

SB0083sam002 97TH GENERAL ASSEMBLY

Sen. A. J. Wilhelmi

Filed: 4/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 83

2    AMENDMENT NO. ______. Amend Senate Bill 83, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Public Labor Relations Act is
6amended by changing Section 3 as follows:
 
7    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
8    Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Board" means the Illinois Labor Relations Board or,
11with respect to a matter over which the jurisdiction of the
12Board is assigned to the State Panel or the Local Panel under
13Section 5, the panel having jurisdiction over the matter.
14    (b) "Collective bargaining" means bargaining over terms
15and conditions of employment, including hours, wages, and other
16conditions of employment, as detailed in Section 7 and which

 

 

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1are not excluded by Section 4.
2    (c) "Confidential employee" means an employee who, in the
3regular course of his or her duties, assists and acts in a
4confidential capacity to persons who formulate, determine, and
5effectuate management policies with regard to labor relations
6or who, in the regular course of his or her duties, has
7authorized access to information relating to the effectuation
8or review of the employer's collective bargaining policies.
9    (d) "Craft employees" means skilled journeymen, crafts
10persons, and their apprentices and helpers.
11    (e) "Essential services employees" means those public
12employees performing functions so essential that the
13interruption or termination of the function will constitute a
14clear and present danger to the health and safety of the
15persons in the affected community.
16    (f) "Exclusive representative", except with respect to
17non-State fire fighters and paramedics employed by fire
18departments and fire protection districts, non-State peace
19officers, and peace officers in the Department of State Police,
20means the labor organization that has been (i) designated by
21the Board as the representative of a majority of public
22employees in an appropriate bargaining unit in accordance with
23the procedures contained in this Act, (ii) historically
24recognized by the State of Illinois or any political
25subdivision of the State before July 1, 1984 (the effective
26date of this Act) as the exclusive representative of the

 

 

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1employees in an appropriate bargaining unit, (iii) after July
21, 1984 (the effective date of this Act) recognized by an
3employer upon evidence, acceptable to the Board, that the labor
4organization has been designated as the exclusive
5representative by a majority of the employees in an appropriate
6bargaining unit; (iv) recognized as the exclusive
7representative of personal care attendants or personal
8assistants under Executive Order 2003-8 prior to the effective
9date of this amendatory Act of the 93rd General Assembly, and
10the organization shall be considered to be the exclusive
11representative of the personal care attendants or personal
12assistants as defined in this Section; or (v) recognized as the
13exclusive representative of child and day care home providers,
14including licensed and license exempt providers, pursuant to an
15election held under Executive Order 2005-1 prior to the
16effective date of this amendatory Act of the 94th General
17Assembly, and the organization shall be considered to be the
18exclusive representative of the child and day care home
19providers as defined in this Section.
20    With respect to non-State fire fighters and paramedics
21employed by fire departments and fire protection districts,
22non-State peace officers, and peace officers in the Department
23of State Police, "exclusive representative" means the labor
24organization that has been (i) designated by the Board as the
25representative of a majority of peace officers or fire fighters
26in an appropriate bargaining unit in accordance with the

 

 

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1procedures contained in this Act, (ii) historically recognized
2by the State of Illinois or any political subdivision of the
3State before January 1, 1986 (the effective date of this
4amendatory Act of 1985) as the exclusive representative by a
5majority of the peace officers or fire fighters in an
6appropriate bargaining unit, or (iii) after January 1, 1986
7(the effective date of this amendatory Act of 1985) recognized
8by an employer upon evidence, acceptable to the Board, that the
9labor organization has been designated as the exclusive
10representative by a majority of the peace officers or fire
11fighters in an appropriate bargaining unit.
12    Where a historical pattern of representation exists for the
13workers of a water system that was owned by a public utility,
14as defined in Section 3-105 of the Public Utilities Act, prior
15to becoming certified employees of a municipality or
16municipalities once the municipality or municipalities have
17acquired the water system as authorized in Section 11-124-5 of
18the Illinois Municipal Code, the Board shall find the labor
19organization that has historically represented the workers to
20be the exclusive representative under this Act, and shall find
21the unit represented by the exclusive representative to be the
22appropriate unit.
23    (g) "Fair share agreement" means an agreement between the
24employer and an employee organization under which all or any of
25the employees in a collective bargaining unit are required to
26pay their proportionate share of the costs of the collective

 

 

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1bargaining process, contract administration, and pursuing
2matters affecting wages, hours, and other conditions of
3employment, but not to exceed the amount of dues uniformly
4required of members. The amount certified by the exclusive
5representative shall not include any fees for contributions
6related to the election or support of any candidate for
7political office. Nothing in this subsection (g) shall preclude
8an employee from making voluntary political contributions in
9conjunction with his or her fair share payment.
10    (g-1) "Fire fighter" means, for the purposes of this Act
11only, any person who has been or is hereafter appointed to a
12fire department or fire protection district or employed by a
13state university and sworn or commissioned to perform fire
14fighter duties or paramedic duties, except that the following
15persons are not included: part-time fire fighters, auxiliary,
16reserve or voluntary fire fighters, including paid on-call fire
17fighters, clerks and dispatchers or other civilian employees of
18a fire department or fire protection district who are not
19routinely expected to perform fire fighter duties, or elected
20officials.
21    (g-2) "General Assembly of the State of Illinois" means the
22legislative branch of the government of the State of Illinois,
23as provided for under Article IV of the Constitution of the
24State of Illinois, and includes but is not limited to the House
25of Representatives, the Senate, the Speaker of the House of
26Representatives, the Minority Leader of the House of

 

 

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1Representatives, the President of the Senate, the Minority
2Leader of the Senate, the Joint Committee on Legislative
3Support Services and any legislative support services agency
4listed in the Legislative Commission Reorganization Act of
51984.
6    (h) "Governing body" means, in the case of the State, the
7State Panel of the Illinois Labor Relations Board, the Director
8of the Department of Central Management Services, and the
9Director of the Department of Labor; the county board in the
10case of a county; the corporate authorities in the case of a
11municipality; and the appropriate body authorized to provide
12for expenditures of its funds in the case of any other unit of
13government.
14    (i) "Labor organization" means any organization in which
15public employees participate and that exists for the purpose,
16in whole or in part, of dealing with a public employer
17concerning wages, hours, and other terms and conditions of
18employment, including the settlement of grievances.
19    (j) "Managerial employee" means an individual who is
20engaged predominantly in executive and management functions
21and is charged with the responsibility of directing the
22effectuation of management policies and practices.
23    (k) "Peace officer" means, for the purposes of this Act
24only, any persons who have been or are hereafter appointed to a
25police force, department, or agency and sworn or commissioned
26to perform police duties, except that the following persons are

 

 

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1not included: part-time police officers, special police
2officers, auxiliary police as defined by Section 3.1-30-20 of
3the Illinois Municipal Code, night watchmen, "merchant
4police", court security officers as defined by Section 3-6012.1
5of the Counties Code, temporary employees, traffic guards or
6wardens, civilian parking meter and parking facilities
7personnel or other individuals specially appointed to aid or
8direct traffic at or near schools or public functions or to aid
9in civil defense or disaster, parking enforcement employees who
10are not commissioned as peace officers and who are not armed
11and who are not routinely expected to effect arrests, parking
12lot attendants, clerks and dispatchers or other civilian
13employees of a police department who are not routinely expected
14to effect arrests, or elected officials.
15    (l) "Person" includes one or more individuals, labor
16organizations, public employees, associations, corporations,
17legal representatives, trustees, trustees in bankruptcy,
18receivers, or the State of Illinois or any political
19subdivision of the State or governing body, but does not
20include the General Assembly of the State of Illinois or any
21individual employed by the General Assembly of the State of
22Illinois.
23    (m) "Professional employee" means any employee engaged in
24work predominantly intellectual and varied in character rather
25than routine mental, manual, mechanical or physical work;
26involving the consistent exercise of discretion and adjustment

 

 

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1in its performance; of such a character that the output
2produced or the result accomplished cannot be standardized in
3relation to a given period of time; and requiring advanced
4knowledge in a field of science or learning customarily
5acquired by a prolonged course of specialized intellectual
6instruction and study in an institution of higher learning or a
7hospital, as distinguished from a general academic education or
8from apprenticeship or from training in the performance of
9routine mental, manual, or physical processes; or any employee
10who has completed the courses of specialized intellectual
11instruction and study prescribed in this subsection (m) and is
12performing related work under the supervision of a professional
13person to qualify to become a professional employee as defined
14in this subsection (m).
15    (n) "Public employee" or "employee", for the purposes of
16this Act, means any individual employed by a public employer,
17including (i) interns and residents at public hospitals, (ii)
18as of the effective date of this amendatory Act of the 93rd
19General Assembly, but not before, personal care attendants and
20personal assistants working under the Home Services Program
21under Section 3 of the Disabled Persons Rehabilitation Act,
22subject to the limitations set forth in this Act and in the
23Disabled Persons Rehabilitation Act, and (iii) as of the
24effective date of this amendatory Act of the 94th General
25Assembly, but not before, child and day care home providers
26participating in the child care assistance program under

 

 

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1Section 9A-11 of the Illinois Public Aid Code, subject to the
2limitations set forth in this Act and in Section 9A-11 of the
3Illinois Public Aid Code, but excluding all of the following:
4employees of the General Assembly of the State of Illinois;
5elected officials; executive heads of a department; members of
6boards or commissions; the Executive Inspectors General; any
7special Executive Inspectors General; employees of each Office
8of an Executive Inspector General; commissioners and employees
9of the Executive Ethics Commission; the Auditor General's
10Inspector General; employees of the Office of the Auditor
11General's Inspector General; the Legislative Inspector
12General; any special Legislative Inspectors General; employees
13of the Office of the Legislative Inspector General;
14commissioners and employees of the Legislative Ethics
15Commission; employees of any agency, board or commission
16created by this Act; employees appointed to State positions of
17a temporary or emergency nature; all employees of school
18districts and higher education institutions except
19firefighters and peace officers employed by a state university
20and except peace officers employed by a school district in its
21own police department in existence on the effective date of
22this amendatory Act of the 96th General Assembly; managerial
23employees; short-term employees; confidential employees;
24independent contractors; and supervisors except as provided in
25this Act.
26    Personal care attendants and personal assistants shall not

 

 

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1be considered public employees for any purposes not
2specifically provided for in the amendatory Act of the 93rd
3General Assembly, including but not limited to, purposes of
4vicarious liability in tort and purposes of statutory
5retirement or health insurance benefits. Personal care
6attendants and personal assistants shall not be covered by the
7State Employees Group Insurance Act of 1971 (5 ILCS 375/).
8    Child and day care home providers shall not be considered
9public employees for any purposes not specifically provided for
10in this amendatory Act of the 94th General Assembly, including
11but not limited to, purposes of vicarious liability in tort and
12purposes of statutory retirement or health insurance benefits.
13Child and day care home providers shall not be covered by the
14State Employees Group Insurance Act of 1971.
15    Notwithstanding Section 9, subsection (c), or any other
16provisions of this Act, all peace officers above the rank of
17captain in municipalities with more than 1,000,000 inhabitants
18shall be excluded from this Act.
19    (o) Except as otherwise in subsection (o-5), "public
20employer" or "employer" means the State of Illinois; any
21political subdivision of the State, unit of local government or
22school district; authorities including departments, divisions,
23bureaus, boards, commissions, or other agencies of the
24foregoing entities; and any person acting within the scope of
25his or her authority, express or implied, on behalf of those
26entities in dealing with its employees. As of the effective

 

 

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

 

 

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1day care home providers shall not be covered by the State
2Employees Group Insurance Act of 1971.
3    "Public employer" or "employer" as used in this Act,
4however, does not mean and shall not include the General
5Assembly of the State of Illinois, the Executive Ethics
6Commission, the Offices of the Executive Inspectors General,
7the Legislative Ethics Commission, the Office of the
8Legislative Inspector General, the Office of the Auditor
9General's Inspector General, and educational employers or
10employers as defined in the Illinois Educational Labor
11Relations Act, except with respect to a state university in its
12employment of firefighters and peace officers and except with
13respect to a school district in the employment of peace
14officers in its own police department in existence on the
15effective date of this amendatory Act of the 96th General
16Assembly. County boards and county sheriffs shall be designated
17as joint or co-employers of county peace officers appointed
18under the authority of a county sheriff. Nothing in this
19subsection (o) shall be construed to prevent the State Panel or
20the Local Panel from determining that employers are joint or
21co-employers.
22    (o-5) With respect to wages, fringe benefits, hours,
23holidays, vacations, proficiency examinations, sick leave, and
24other conditions of employment, the public employer of public
25employees who are court reporters, as defined in the Court
26Reporters Act, shall be determined as follows:

 

 

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1        (1) For court reporters employed by the Cook County
2    Judicial Circuit, the chief judge of the Cook County
3    Circuit Court is the public employer and employer
4    representative.
5        (2) For court reporters employed by the 12th, 18th,
6    19th, and, on and after December 4, 2006, the 22nd judicial
7    circuits, a group consisting of the chief judges of those
8    circuits, acting jointly by majority vote, is the public
9    employer and employer representative.
10        (3) For court reporters employed by all other judicial
11    circuits, a group consisting of the chief judges of those
12    circuits, acting jointly by majority vote, is the public
13    employer and employer representative.
14    (p) "Security employee" means an employee who is
15responsible for the supervision and control of inmates at
16correctional facilities. The term also includes other
17non-security employees in bargaining units having the majority
18of employees being responsible for the supervision and control
19of inmates at correctional facilities.
20    (q) "Short-term employee" means an employee who is employed
21for less than 2 consecutive calendar quarters during a calendar
22year and who does not have a reasonable assurance that he or
23she will be rehired by the same employer for the same service
24in a subsequent calendar year.
25    (r) "Supervisor" is an employee whose principal work is
26substantially different from that of his or her subordinates

 

 

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1and who has authority, in the interest of the employer, to
2hire, transfer, suspend, lay off, recall, promote, discharge,
3direct, reward, or discipline employees, to adjust their
4grievances, or to effectively recommend any of those actions,
5if the exercise of that authority is not of a merely routine or
6clerical nature, but requires the consistent use of independent
7judgment. Except with respect to police employment, the term
8"supervisor" includes only those individuals who devote a
9preponderance of their employment time to exercising that
10authority, State supervisors notwithstanding. In addition, in
11determining supervisory status in police employment, rank
12shall not be determinative. The Board shall consider, as
13evidence of bargaining unit inclusion or exclusion, the common
14law enforcement policies and relationships between police
15officer ranks and certification under applicable civil service
16law, ordinances, personnel codes, or Division 2.1 of Article 10
17of the Illinois Municipal Code, but these factors shall not be
18the sole or predominant factors considered by the Board in
19determining police supervisory status.
20    Notwithstanding the provisions of the preceding paragraph,
21in determining supervisory status in fire fighter employment,
22no fire fighter shall be excluded as a supervisor who has
23established representation rights under Section 9 of this Act.
24Further, in new fire fighter units, employees shall consist of
25fire fighters of the rank of company officer and below. If a
26company officer otherwise qualifies as a supervisor under the

 

 

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1preceding paragraph, however, he or she shall not be included
2in the fire fighter unit. If there is no rank between that of
3chief and the highest company officer, the employer may
4designate a position on each shift as a Shift Commander, and
5the persons occupying those positions shall be supervisors. All
6other ranks above that of company officer shall be supervisors.
7    (s) (1) "Unit" means a class of jobs or positions that are
8    held by employees whose collective interests may suitably
9    be represented by a labor organization for collective
10    bargaining. Except with respect to non-State fire fighters
11    and paramedics employed by fire departments and fire
12    protection districts, non-State peace officers, and peace
13    officers in the Department of State Police, a bargaining
14    unit determined by the Board shall not include both
15    employees and supervisors, or supervisors only, except as
16    provided in paragraph (2) of this subsection (s) and except
17    for bargaining units in existence on July 1, 1984 (the
18    effective date of this Act). With respect to non-State fire
19    fighters and paramedics employed by fire departments and
20    fire protection districts, non-State peace officers, and
21    peace officers in the Department of State Police, a
22    bargaining unit determined by the Board shall not include
23    both supervisors and nonsupervisors, or supervisors only,
24    except as provided in paragraph (2) of this subsection (s)
25    and except for bargaining units in existence on January 1,
26    1986 (the effective date of this amendatory Act of 1985). A

 

 

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1    bargaining unit determined by the Board to contain peace
2    officers shall contain no employees other than peace
3    officers unless otherwise agreed to by the employer and the
4    labor organization or labor organizations involved.
5    Notwithstanding any other provision of this Act, a
6    bargaining unit, including a historical bargaining unit,
7    containing sworn peace officers of the Department of
8    Natural Resources (formerly designated the Department of
9    Conservation) shall contain no employees other than such
10    sworn peace officers upon the effective date of this
11    amendatory Act of 1990 or upon the expiration date of any
12    collective bargaining agreement in effect upon the
13    effective date of this amendatory Act of 1990 covering both
14    such sworn peace officers and other employees.
15        (2) Notwithstanding the exclusion of supervisors from
16    bargaining units as provided in paragraph (1) of this
17    subsection (s), a public employer may agree to permit its
18    supervisory employees to form bargaining units and may
19    bargain with those units. This Act shall apply if the
20    public employer chooses to bargain under this subsection.
21        (3) Public employees who are court reporters, as
22    defined in the Court Reporters Act, shall be divided into 3
23    units for collective bargaining purposes. One unit shall be
24    court reporters employed by the Cook County Judicial
25    Circuit; one unit shall be court reporters employed by the
26    12th, 18th, 19th, and, on and after December 4, 2006, the

 

 

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1    22nd judicial circuits; and one unit shall be court
2    reporters employed by all other judicial circuits.
3(Source: P.A. 95-331, eff. 8-21-07; 96-1257, eff. 7-23-10.)
 
4    Section 10. The Illinois Municipal Code is amended by
5changing Section 11-124-5 as follows:
 
6    (65 ILCS 5/11-124-5)
7    Sec. 11-124-5. Acquisition of water systems by eminent
8domain.
9    (a) In addition to other provisions providing for the
10acquisition of water systems or water works, whenever a public
11utility subject to the Public Utilities Act utilizes public
12property (including, but not limited to, right-of-way) of a
13municipality for the installation or maintenance of all or part
14of its water distribution system, the municipality has the
15right to exercise eminent domain to acquire all or part of the
16water system, in accordance with this Section. Unless it
17complies with the provisions set forth in this Section, a
18municipality is not permitted to acquire by eminent domain that
19portion of a system located in another incorporated
20municipality without agreement of that municipality, but this
21provision shall not prevent the acquisition of that portion of
22the water system existing within the acquiring municipality.
23    (b) Where a water system that is owned by a public utility
24(as defined in the Public 16 Utilities Act) provides water to

 

 

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1customers located in 2 or more municipalities, the system may
2be acquired by a majority either or all of the municipalities
3by eminent domain if there is in existence an intergovernmental
4agreement between the municipalities served providing for
5acquisition. If the system is to be acquired by more than one
6municipality, then there must be an intergovernmental
7agreement in existence between the acquiring municipalities
8providing for the acquisition.
9    (c) If a water system that is owned by a public utility
10provides water to customers located in one or more
11municipalities and also to customers in an unincorporated area
12and if at least 70% of the customers of the system or portion
13thereof are located within the municipality or municipalities,
14then the system, or portion thereof as determined by the
15corporate authorities, may be acquired, using eminent domain or
16otherwise, by either a municipality under subsection (a) or an
17entity created by agreement between municipalities where at
18least 70% of the customers reside. For the purposes of
19determining "customers of the system", only retail customers
20directly billed by the company shall be included in the
21computation. The number of customers of the system most
22recently reported to the Illinois Commerce Commission for any
23calendar year preceding the year a resolution is passed by a
24municipality or municipalities expressing preliminary intent
25to purchase the water system or portion thereof shall be
26presumed to be the total number of customers within the system.

 

 

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1The public utility shall provide information relative to the
2number of customers within each municipality and within the
3system within 60 days after any such request by a municipality.
4    (d) In the case of acquisition by a municipality or
5municipalities or a public entity created by law to own or
6operate a water system under this Section, service and water
7supply must be provided to persons who are customers of the
8system on the effective date of this amendatory Act of the 94th
9General Assembly without discrimination based on whether the
10customer is located within or outside of the boundaries of the
11acquiring municipality or municipalities or entity, and a
12supply contract existing on the effective date of this
13amendatory Act of the 94th General Assembly must be honored by
14an acquiring municipality, municipalities, or entity according
15to the terms so long as the agreement does not conflict with
16any other existing agreement.
17    (e) For the purposes of this Section, "system" includes all
18assets reasonably necessary to provide water service to a
19contiguous or compact geographical service area or to an area
20served by a common pipeline and include, but are not limited
21to, interests in real estate, all wells, pipes, treatment
22plants, pumps and other physical apparatus, data and records of
23facilities and customers, fire hydrants, equipment, or
24vehicles and also includes service agreements and obligations
25derived from use of the assets, whether or not the assets are
26contiguous to the municipality, municipalities, or entity

 

 

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1created for the purpose of owning or operating a water system.
2    (f) Before making a good faith offer, a municipality may
3pass a resolution of intent to study the feasibility of
4purchasing or exercising its power of eminent domain to acquire
5any water system or water works, sewer system or sewer works,
6or combined water and sewer system or works, or part thereof.
7Upon the passage of such a resolution, the municipality shall
8have the right to review and inspect all financial and other
9records, and both corporeal and incorporeal assets of such
10utility related to the condition and the operation of the
11system or works, or part thereof, as part of the study and
12determination of feasibility of the proposed acquisition by
13purchase or exercise of the power of eminent domain, and the
14utility shall make knowledgeable persons who have access to all
15relevant facts and information regarding the subject system or
16works available to answer inquiries related to the study and
17determination.
18    The right to review and inspect shall be upon reasonable
19notice to the utility, with reasonable inspection and review
20time limitations and reasonable response times for production,
21copying, and answer. In addition, the utility may utilize a
22reasonable security protocol for personnel on the
23municipality's physical inspection team.
24    In the absence of other agreement, the utility must respond
25to any notice by the municipality concerning its review and
26inspection within 21 days after receiving the notice. The

 

 

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1review and inspection of the assets of the company shall be
2over such period of time and carried out in such manner as is
3reasonable under the circumstances.
4    Information requested that is not privileged or protected
5from discovery under the Illinois Code of Civil Procedure but
6is reasonably claimed to be proprietary, including, without
7limitation, information that constitutes trade secrets or
8information that involves system security concerns, shall be
9provided, but shall not be considered a public record and shall
10be kept confidential by the municipality.
11    In addition, the municipality must, upon request,
12reimburse the utility for the actual, reasonable costs and
13expenses, excluding attorneys' fees, incurred by the utility as
14a result of the municipality's inspection and requests for
15information. Upon written request, the utility shall issue a
16statement itemizing, with reasonable detail, the costs and
17expenses for which reimbursement is sought by the utility.
18Where such written request for a statement has been made, no
19payment shall be required until 30 days after receipt of the
20statement. Such reimbursement by the municipality shall be
21considered income for purposes of any rate proceeding or other
22financial request before the Illinois Commerce Commission by
23the utility.
24    The municipality and the utility shall cooperate to resolve
25any dispute arising under this subsection. In the event the
26dispute under this subsection cannot be resolved, either party

 

 

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1may request relief from the circuit court in any county in
2which the water system is located, with the prevailing party to
3be awarded such relief as the court deems appropriate under the
4discovery abuse sanctions currently set forth in the Illinois
5Code of Civil Procedure.
6    The municipality's right to inspect physical assets and
7records in connection with the purpose of this Section shall
8not be exercised with respect to any system more than one time
9during a 5-year period, unless a substantial change in the size
10of the system or condition of the operating assets of the
11system has occurred since the previous inspection. Rights under
12franchise agreements and other agreements or statutory or
13regulatory provisions are not limited by this Section and are
14preserved.
15    The passage of time between an inspection of the utilities
16and physical assets and the making of a good faith offer or
17initiation of an eminent domain action because of the limit
18placed on inspections by this subsection shall not be used as a
19basis for challenging the good faith of any offer or be used as
20the basis for attacking any appraisal, expert, argument, or
21position before a court related to an acquisition by purchase
22or eminent domain.
23    (g) Notwithstanding any other provision of law, the
24Illinois Commerce Commission has no approval authority of any
25eminent domain action brought by any governmental entity or
26combination of such entities to acquire water systems or water

 

 

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1works.
2    (h) The provisions of this Section are severable under
3Section 1.31 of the Statute on Statutes.
4    (i) This Section does not apply to any public utility
5company that, on January 1, 2006, supplied a total of 70,000 or
6fewer meter connections in the State unless and until (i) that
7public utility company receives approval from the Illinois
8Commerce Commission under Section 7-204 of the Public Utilities
9Act for the reorganization of the public utility company or
10(ii) the majority control of the company changes through a
11stock sale, a sale of assets, a merger (other than an internal
12reorganization) or otherwise. For the purpose of this Section,
13"public utility company" means the public utility providing
14water service and includes any of its corporate parents,
15subsidiaries, or affiliates possessing a franchised water
16service in the State.
17    (j) Any contractor or subcontractor that performs work on a
18water system acquired by a municipality or municipalities under
19this Section shall comply with the requirements of Section
2030-22 of the Illinois Procurement Code. The contractor or
21subcontractor shall submit evidence of compliance with Section
2230-22 to the municipality or municipalities.
23    (k) The municipality or municipalities acquiring the water
24system shall offer available employee positions to the
25qualified employees of the acquired water system.
26(Source: P.A. 94-1007, eff. 1-1-07.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".