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 | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Public Labor Relations Act is | 6 | | amended 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 | 9 | | context
otherwise requires:
| 10 | | (a) "Board" means the Illinois
Labor Relations Board or, | 11 | | with respect to a matter over which the
jurisdiction of the | 12 | | Board is assigned to the State Panel or the Local Panel
under | 13 | | Section 5, the panel having jurisdiction over the matter.
| 14 | | (b) "Collective bargaining" means bargaining over terms | 15 | | and conditions
of employment, including hours, wages, and other | 16 | | conditions of employment,
as detailed in Section 7 and which |
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| 1 | | are not excluded by Section 4.
| 2 | | (c) "Confidential employee" means an employee who, in the | 3 | | regular course
of his or her duties, assists and acts in a | 4 | | confidential capacity to persons
who formulate, determine, and | 5 | | effectuate management policies with regard
to labor relations | 6 | | or who, in the regular course of his or her duties, has
| 7 | | authorized access to information relating to the effectuation
| 8 | | or review of the employer's collective bargaining policies.
| 9 | | (d) "Craft employees" means skilled journeymen, crafts | 10 | | persons, and their
apprentices and helpers.
| 11 | | (e) "Essential services employees" means those public | 12 | | employees
performing functions so essential that the | 13 | | interruption or termination of
the function will constitute a | 14 | | clear and present danger to the health and
safety of the | 15 | | persons in the affected community.
| 16 | | (f) "Exclusive representative", except with respect to | 17 | | non-State fire
fighters and paramedics employed by fire | 18 | | departments and fire protection
districts, non-State peace | 19 | | officers, and peace officers in the
Department of State Police, | 20 | | means the labor organization that has
been (i) designated by | 21 | | the Board as the representative of a majority of public
| 22 | | employees in an appropriate bargaining unit in accordance with | 23 | | the procedures
contained in this Act, (ii) historically
| 24 | | recognized by the State of Illinois or
any political | 25 | | subdivision of the State before July 1, 1984
(the effective | 26 | | date of this
Act) as the exclusive representative of the |
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| 1 | | employees in an appropriate
bargaining unit, (iii) after July | 2 | | 1, 1984 (the
effective date of this Act) recognized by an
| 3 | | employer upon evidence, acceptable to the Board, that the labor
| 4 | | organization has been designated as the exclusive | 5 | | representative by a
majority of the employees in an appropriate | 6 | | bargaining unit;
(iv) recognized as the exclusive | 7 | | representative of personal care attendants
or personal
| 8 | | assistants under Executive Order 2003-8 prior to the effective | 9 | | date of this
amendatory
Act of the 93rd General Assembly, and | 10 | | the organization shall be considered to
be the
exclusive | 11 | | representative of the personal care attendants or personal | 12 | | assistants
as defined
in this Section; or (v) recognized as the | 13 | | exclusive representative of child and day care home providers, | 14 | | including licensed and license exempt providers, pursuant to an | 15 | | election held under Executive Order 2005-1 prior to the | 16 | | effective date of this amendatory Act of the 94th General | 17 | | Assembly, and the organization shall be considered to be the | 18 | | exclusive representative of the child and day care home | 19 | | providers as defined in this Section.
| 20 | | With respect to non-State fire fighters and paramedics | 21 | | employed by fire
departments and fire protection districts, | 22 | | non-State peace officers, and
peace officers in the Department | 23 | | of State Police,
"exclusive representative" means the labor | 24 | | organization that has
been (i) designated by the Board as the | 25 | | representative of a majority of peace
officers or fire fighters | 26 | | in an appropriate bargaining unit in accordance
with the |
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| 1 | | procedures contained in this Act, (ii)
historically recognized
| 2 | | by the State of Illinois or any political subdivision of the | 3 | | State before
January 1, 1986 (the effective date of this | 4 | | amendatory Act of 1985) as the exclusive
representative by a | 5 | | majority of the peace officers or fire fighters in an
| 6 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 7 | | (the effective date of this amendatory
Act of 1985) recognized | 8 | | by an employer upon evidence, acceptable to the
Board, that the | 9 | | labor organization has been designated as the exclusive
| 10 | | representative by a majority of the peace officers or fire | 11 | | fighters in an
appropriate bargaining unit.
| 12 | | Where a historical pattern of representation exists for the | 13 | | workers of a water system that was owned by a public utility, | 14 | | as defined in Section 3-105 of the Public Utilities Act, prior | 15 | | to becoming certified employees of a municipality or | 16 | | municipalities once the municipality or municipalities have | 17 | | acquired the water system as authorized in Section 11-124-5 of | 18 | | the Illinois Municipal Code, the Board shall find the labor | 19 | | organization that has historically represented the workers to | 20 | | be the exclusive representative under this Act, and shall find | 21 | | the unit represented by the exclusive representative to be the | 22 | | appropriate unit. | 23 | | (g) "Fair share agreement" means an agreement between the | 24 | | employer and
an employee organization under which all or any of | 25 | | the employees in a
collective bargaining unit are required to | 26 | | pay their proportionate share of
the costs of the collective |
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| 1 | | bargaining process, contract administration, and
pursuing | 2 | | matters affecting wages, hours, and other conditions of | 3 | | employment,
but not to exceed the amount of dues uniformly | 4 | | required of members. The
amount certified by the exclusive | 5 | | representative shall not include any fees
for contributions | 6 | | related to the election or support of any candidate for
| 7 | | political office. Nothing in this subsection (g) shall
preclude | 8 | | an employee from making
voluntary political contributions in | 9 | | conjunction with his or her fair share
payment.
| 10 | | (g-1) "Fire fighter" means, for the purposes of this Act | 11 | | only, any
person who has been or is hereafter appointed to a | 12 | | fire department or fire
protection district or employed by a | 13 | | state university and sworn or
commissioned to perform fire | 14 | | fighter duties or paramedic duties, except that the
following | 15 | | persons are not included: part-time fire fighters,
auxiliary, | 16 | | reserve or voluntary fire fighters, including paid on-call fire
| 17 | | fighters, clerks and dispatchers or other civilian employees of | 18 | | a fire
department or fire protection district who are not | 19 | | routinely expected to
perform fire fighter duties, or elected | 20 | | officials.
| 21 | | (g-2) "General Assembly of the State of Illinois" means the
| 22 | | legislative branch of the government of the State of Illinois, | 23 | | as provided
for under Article IV of the Constitution of the | 24 | | State of Illinois, and
includes but is not limited to the House | 25 | | of Representatives, the Senate,
the Speaker of the House of | 26 | | Representatives, the Minority Leader of the
House of |
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| 1 | | Representatives, the President of the Senate, the Minority | 2 | | Leader
of the Senate, the Joint Committee on Legislative | 3 | | Support Services and any
legislative support services agency | 4 | | listed in the Legislative Commission
Reorganization Act of | 5 | | 1984.
| 6 | | (h) "Governing body" means, in the case of the State, the | 7 | | State Panel of
the Illinois Labor Relations Board, the Director | 8 | | of the Department of Central
Management Services, and the | 9 | | Director of the Department of Labor; the county
board in the | 10 | | case of a county; the corporate authorities in the case of a
| 11 | | municipality; and the appropriate body authorized to provide | 12 | | for expenditures
of its funds in the case of any other unit of | 13 | | government.
| 14 | | (i) "Labor organization" means any organization in which | 15 | | public employees
participate and that exists for the purpose, | 16 | | in whole or in part, of dealing
with a public employer | 17 | | concerning wages, hours, and other terms and conditions
of | 18 | | employment, including the settlement of grievances.
| 19 | | (j) "Managerial employee" means an individual who is | 20 | | engaged
predominantly in executive and management functions | 21 | | and is charged with the
responsibility of directing the | 22 | | effectuation of management policies
and practices.
| 23 | | (k) "Peace officer" means, for the purposes of this Act | 24 | | only, any
persons who have been or are hereafter appointed to a | 25 | | police force,
department, or agency and sworn or commissioned | 26 | | to perform police duties,
except that the following persons are |
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| 1 | | not
included: part-time police
officers, special police | 2 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 3 | | the Illinois Municipal Code, night watchmen, "merchant | 4 | | police",
court security officers as defined by Section 3-6012.1 | 5 | | of the Counties
Code,
temporary employees, traffic guards or | 6 | | wardens, civilian parking meter and
parking facilities | 7 | | personnel or other individuals specially appointed to
aid or | 8 | | direct traffic at or near schools or public functions or to aid | 9 | | in
civil defense or disaster, parking enforcement employees who | 10 | | are not
commissioned as peace officers and who are not armed | 11 | | and who are not
routinely expected to effect arrests, parking | 12 | | lot attendants, clerks and
dispatchers or other civilian | 13 | | employees of a police department who are not
routinely expected | 14 | | to effect arrests, or elected officials.
| 15 | | (l) "Person" includes one or more individuals, labor | 16 | | organizations, public
employees, associations, corporations, | 17 | | legal representatives, trustees,
trustees in bankruptcy, | 18 | | receivers, or the State of Illinois or any political
| 19 | | subdivision of the State or governing body, but does not | 20 | | include the General
Assembly of the State of Illinois or any | 21 | | individual employed by the General
Assembly of the State of | 22 | | Illinois.
| 23 | | (m) "Professional employee" means any employee engaged in | 24 | | work predominantly
intellectual and varied in character rather | 25 | | than routine mental, manual,
mechanical or physical work; | 26 | | involving the consistent exercise of discretion
and adjustment |
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| 1 | | in its performance; of such a character that the output | 2 | | produced
or the result accomplished cannot be standardized in | 3 | | relation to a given
period of time; and requiring advanced | 4 | | knowledge in a field of science or
learning customarily | 5 | | acquired by a prolonged course of specialized intellectual
| 6 | | instruction and study in an institution of higher learning or a | 7 | | hospital,
as distinguished from a general academic education or | 8 | | from apprenticeship
or from training in the performance of | 9 | | routine mental, manual, or physical
processes; or any employee | 10 | | who has completed the courses of specialized
intellectual | 11 | | instruction and study prescribed in this subsection (m) and is
| 12 | | performing related
work under the supervision of a professional | 13 | | person to qualify to become
a professional employee as defined | 14 | | in this subsection (m).
| 15 | | (n) "Public employee" or "employee", for the purposes of | 16 | | this Act, means
any individual employed by a public employer, | 17 | | including (i) interns and residents
at public hospitals, (ii) | 18 | | as of the effective date of this amendatory Act of the 93rd | 19 | | General
Assembly, but not
before, personal care attendants and | 20 | | personal assistants working under the Home
Services
Program | 21 | | under Section 3 of the Disabled Persons Rehabilitation Act, | 22 | | subject to
the
limitations set forth in this Act and in the | 23 | | Disabled Persons Rehabilitation
Act,
and (iii) as of the | 24 | | effective date of this amendatory Act of the 94th General | 25 | | Assembly, but not before, child and day care home providers | 26 | | participating in the child care assistance program under |
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| 1 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 2 | | limitations set forth in this Act and in Section 9A-11 of the | 3 | | Illinois Public Aid Code, but excluding all of the following: | 4 | | employees of the
General Assembly of the State of Illinois; | 5 | | elected officials; executive
heads of a department; members of | 6 | | boards or commissions; the Executive
Inspectors General; any | 7 | | special Executive Inspectors General; employees of each
Office | 8 | | of an Executive Inspector General;
commissioners and employees | 9 | | of the Executive Ethics Commission; the Auditor
General's | 10 | | Inspector General; employees of the Office of the Auditor | 11 | | General's
Inspector General; the Legislative Inspector | 12 | | General; any special Legislative
Inspectors General; employees | 13 | | of the Office
of the Legislative Inspector General;
| 14 | | commissioners and employees of the Legislative Ethics | 15 | | Commission;
employees
of any
agency, board or commission | 16 | | created by this Act; employees appointed to
State positions of | 17 | | a temporary or emergency nature; all employees of school
| 18 | | districts and higher education institutions except | 19 | | firefighters and peace
officers employed
by a state university | 20 | | and except peace officers employed by a school district in its | 21 | | own police department in existence on the effective date of | 22 | | this amendatory Act of the 96th General Assembly; managerial | 23 | | employees; short-term employees;
confidential employees; | 24 | | independent contractors; and supervisors except as
provided in | 25 | | this Act.
| 26 | | Personal care attendants and personal assistants shall not |
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| 1 | | be considered
public
employees for any purposes not | 2 | | specifically provided for in the amendatory Act
of the
93rd | 3 | | General Assembly, including but not limited to, purposes of | 4 | | vicarious
liability in tort
and purposes of statutory | 5 | | retirement or health insurance benefits. Personal
care
| 6 | | attendants and personal assistants shall not be covered by the | 7 | | State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| 8 | | Child and day care home providers shall not be considered | 9 | | public employees for any purposes not specifically provided for | 10 | | in this amendatory Act of the 94th General Assembly, including | 11 | | but not limited to, purposes of vicarious liability in tort and | 12 | | purposes of statutory retirement or health insurance benefits. | 13 | | Child and day care home providers shall not be covered by the | 14 | | State Employees Group Insurance Act of 1971. | 15 | | Notwithstanding Section 9, subsection (c), or any other | 16 | | provisions of
this Act, all peace officers above the rank of | 17 | | captain in
municipalities with more than 1,000,000 inhabitants | 18 | | shall be excluded
from this Act.
| 19 | | (o) Except as otherwise in subsection (o-5), "public | 20 | | employer" or "employer" means the State of Illinois; any
| 21 | | political subdivision of the State, unit of local government or | 22 | | school
district; authorities including departments, divisions, | 23 | | bureaus, boards,
commissions, or other agencies of the | 24 | | foregoing entities; and any person
acting within the scope of | 25 | | his or her authority, express or implied, on
behalf of those | 26 | | entities in dealing with its employees.
As of the effective |
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| 1 | | date of the amendatory Act of the 93rd General Assembly,
but | 2 | | not
before, the State of Illinois shall be considered the | 3 | | employer of the personal
care
attendants and personal | 4 | | assistants working under the Home Services Program
under
| 5 | | Section 3 of the Disabled Persons Rehabilitation Act, subject | 6 | | to the
limitations set forth
in this Act and in the Disabled | 7 | | Persons Rehabilitation Act. The State shall not
be
considered | 8 | | to be the employer of personal care attendants and personal
| 9 | | assistants for any
purposes not specifically provided for in | 10 | | this amendatory Act of the 93rd
General
Assembly, including but | 11 | | not limited to, purposes of vicarious liability in tort
and
| 12 | | purposes of statutory retirement or health insurance benefits. | 13 | | Personal care
attendants
and personal assistants shall not be | 14 | | covered by the State Employees Group
Insurance Act of 1971
(5 | 15 | | ILCS 375/).
As of the effective date of this amendatory Act of | 16 | | the 94th General Assembly but not before, the State of Illinois | 17 | | shall be considered the employer of the day and child care home | 18 | | providers participating in the child care assistance program | 19 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 20 | | the limitations set forth in this Act and in Section 9A-11 of | 21 | | the Illinois Public Aid Code. The State shall not be considered | 22 | | to be the employer of child and day care home providers for any | 23 | | purposes not specifically provided for in this amendatory Act | 24 | | of the 94th General Assembly, including but not limited to, | 25 | | purposes of vicarious liability in tort and purposes of | 26 | | statutory retirement or health insurance benefits. Child and |
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| 1 | | day care home providers shall not be covered by the State | 2 | | Employees Group Insurance Act of 1971. | 3 | | "Public employer" or
"employer" as used in this Act, | 4 | | however, does not
mean and shall not include the General | 5 | | Assembly of the State of Illinois,
the Executive Ethics | 6 | | Commission, the Offices of the Executive Inspectors
General, | 7 | | the Legislative Ethics Commission, the Office of the | 8 | | Legislative
Inspector General, the Office of the Auditor | 9 | | General's Inspector General,
and educational employers or | 10 | | employers as defined in the Illinois
Educational Labor | 11 | | Relations Act, except with respect to a state university in
its | 12 | | employment of firefighters and peace officers and except with | 13 | | respect to a school district in the employment of peace | 14 | | officers in its own police department in existence on the | 15 | | effective date of this amendatory Act of the 96th General | 16 | | Assembly. County boards and county
sheriffs shall be
designated | 17 | | as joint or co-employers of county peace officers appointed
| 18 | | under the authority of a county sheriff. Nothing in this | 19 | | subsection
(o) shall be construed
to prevent the State Panel or | 20 | | the Local Panel
from determining that employers are joint or | 21 | | co-employers.
| 22 | | (o-5) With respect to
wages, fringe
benefits, hours, | 23 | | holidays, vacations, proficiency
examinations, sick leave, and | 24 | | other conditions of
employment, the public employer of public | 25 | | employees who are court reporters, as
defined in the Court | 26 | | Reporters 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 | 15 | | responsible for the
supervision and control of inmates at | 16 | | correctional facilities. The term
also includes other | 17 | | non-security employees in bargaining units having the
majority | 18 | | of employees being responsible for the supervision and control | 19 | | of
inmates at correctional facilities.
| 20 | | (q) "Short-term employee" means an employee who is employed | 21 | | for less
than 2 consecutive calendar quarters during a calendar | 22 | | year and who does
not have a reasonable assurance that he or | 23 | | she will be rehired by the
same employer for the same service | 24 | | in a subsequent calendar year.
| 25 | | (r) "Supervisor" is an employee whose principal work is | 26 | | substantially
different from that of his or her subordinates |
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| 1 | | and who has authority, in the
interest of the employer, to | 2 | | hire, transfer, suspend, lay off, recall,
promote, discharge, | 3 | | direct, reward, or discipline employees, to adjust
their | 4 | | grievances, or to effectively recommend any of those actions, | 5 | | if the
exercise
of that authority is not of a merely routine or | 6 | | clerical nature, but
requires the consistent use of independent | 7 | | judgment. Except with respect to
police employment, the term | 8 | | "supervisor" includes only those individuals
who devote a | 9 | | preponderance of their employment time to exercising that
| 10 | | authority, State supervisors notwithstanding. In addition, in | 11 | | determining
supervisory status in police employment, rank | 12 | | shall not be determinative.
The Board shall consider, as | 13 | | evidence of bargaining unit inclusion or
exclusion, the common | 14 | | law enforcement policies and relationships between
police | 15 | | officer ranks and certification under applicable civil service | 16 | | law,
ordinances, personnel codes, or Division 2.1 of Article 10 | 17 | | of the Illinois
Municipal Code, but these factors shall not
be | 18 | | the sole or predominant factors considered by the Board in | 19 | | determining
police supervisory status.
| 20 | | Notwithstanding the provisions of the preceding paragraph, | 21 | | in determining
supervisory status in fire fighter employment, | 22 | | no fire fighter shall be
excluded as a supervisor who has | 23 | | established representation rights under
Section 9 of this Act. | 24 | | Further, in new fire fighter units, employees shall
consist of | 25 | | fire fighters of the rank of company officer and below. If a | 26 | | company officer otherwise qualifies as a supervisor under the |
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| 1 | | preceding paragraph, however, he or she shall
not be included | 2 | | in the fire fighter
unit. If there is no rank between that of | 3 | | chief and the
highest company officer, the employer may | 4 | | designate a position on each
shift as a Shift Commander, and | 5 | | the persons occupying those positions shall
be supervisors. All | 6 | | other 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 | 5 | | changing Section 11-124-5 as follows: | 6 | | (65 ILCS 5/11-124-5)
| 7 | | Sec. 11-124-5. Acquisition of water systems by eminent | 8 | | domain. | 9 | | (a) In addition to other provisions providing for the | 10 | | acquisition of water systems or water works, whenever a public | 11 | | utility subject to the Public Utilities Act utilizes public | 12 | | property (including, but not limited to, right-of-way) of a | 13 | | municipality for the installation or maintenance of all or part | 14 | | of its water distribution system, the municipality has the | 15 | | right to exercise eminent domain to acquire all or part of the | 16 | | water system, in accordance with this Section. Unless it | 17 | | complies with the provisions set forth in this Section, a | 18 | | municipality is not permitted to acquire by eminent domain that | 19 | | portion of a system located in another incorporated | 20 | | municipality without agreement of that municipality, but this | 21 | | provision shall not prevent the acquisition of that portion of | 22 | | the 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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| 1 | | customers located in 2 or more municipalities, the system may | 2 | | be acquired by a majority either or all of the municipalities | 3 | | by eminent domain if there is in existence an intergovernmental | 4 | | agreement between the municipalities served providing for | 5 | | acquisition . If the system is to be acquired by more than one | 6 | | municipality, then there must be an intergovernmental | 7 | | agreement in existence between the acquiring municipalities | 8 | | providing for the acquisition. | 9 | | (c) If a water system that is owned by a public utility | 10 | | provides water to customers located in one or more | 11 | | municipalities and also to customers in an unincorporated area | 12 | | and if at least 70% of the customers of the system or portion | 13 | | thereof are located within the municipality or municipalities, | 14 | | then the system, or portion thereof as determined by the | 15 | | corporate authorities, may be acquired, using eminent domain or | 16 | | otherwise, by either a municipality under subsection (a) or an | 17 | | entity created by agreement between municipalities where at | 18 | | least 70% of the customers reside. For the purposes of | 19 | | determining "customers of the system", only retail customers | 20 | | directly billed by the company shall be included in the | 21 | | computation. The number of customers of the system most | 22 | | recently reported to the Illinois Commerce Commission for any | 23 | | calendar year preceding the year a resolution is passed by a | 24 | | municipality or municipalities expressing preliminary intent | 25 | | to purchase the water system or portion thereof shall be | 26 | | presumed to be the total number of customers within the system. |
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| 1 | | The public utility shall provide information relative to the | 2 | | number of customers within each municipality and within the | 3 | | system within 60 days after any such request by a municipality. | 4 | | (d) In the case of acquisition by a municipality or | 5 | | municipalities or a public entity created by law to own or | 6 | | operate a water system under this Section, service and water | 7 | | supply must be provided to persons who are customers of the | 8 | | system on the effective date of this amendatory Act of the 94th | 9 | | General Assembly without discrimination based on whether the | 10 | | customer is located within or outside of the boundaries of the | 11 | | acquiring municipality or municipalities or entity, and a | 12 | | supply contract existing on the effective date of this | 13 | | amendatory Act of the 94th General Assembly must be honored by | 14 | | an acquiring municipality, municipalities, or entity according | 15 | | to the terms so long as the agreement does not conflict with | 16 | | any other existing agreement. | 17 | | (e) For the purposes of this Section, "system" includes all | 18 | | assets reasonably necessary to provide water service to a | 19 | | contiguous or compact geographical service area or to an area | 20 | | served by a common pipeline and include, but are not limited | 21 | | to, interests in real estate, all wells, pipes, treatment | 22 | | plants, pumps and other physical apparatus, data and records of | 23 | | facilities and customers, fire hydrants, equipment, or | 24 | | vehicles and also includes service agreements and obligations | 25 | | derived from use of the assets, whether or not the assets are | 26 | | contiguous to the municipality, municipalities, or entity |
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| 1 | | created for the purpose of owning or operating a water system. | 2 | | (f) Before making a good faith offer, a municipality may | 3 | | pass a resolution of intent to study the feasibility of | 4 | | purchasing or exercising its power of eminent domain to acquire | 5 | | any water system or water works, sewer system or sewer works, | 6 | | or combined water and sewer system or works, or part thereof. | 7 | | Upon the passage of such a resolution, the municipality shall | 8 | | have the right to review and inspect all financial and other | 9 | | records, and both corporeal and incorporeal assets of such | 10 | | utility related to the condition and the operation of the | 11 | | system or works, or part thereof, as part of the study and | 12 | | determination of feasibility of the proposed acquisition by | 13 | | purchase or exercise of the power of eminent domain, and the | 14 | | utility shall make knowledgeable persons who have access to all | 15 | | relevant facts and information regarding the subject system or | 16 | | works available to answer inquiries related to the study and | 17 | | determination. | 18 | | The right to review and inspect shall be upon reasonable | 19 | | notice to the utility, with reasonable inspection and review | 20 | | time limitations and reasonable response times for production, | 21 | | copying, and answer. In addition, the utility may utilize a | 22 | | reasonable security protocol for personnel on the | 23 | | municipality's physical inspection team. | 24 | | In the absence of other agreement, the utility must respond | 25 | | to any notice by the municipality concerning its review and | 26 | | inspection within 21 days after receiving the notice. The |
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| 1 | | review and inspection of the assets of the company shall be | 2 | | over such period of time and carried out in such manner as is | 3 | | reasonable under the circumstances. | 4 | | Information requested that is not privileged or protected | 5 | | from discovery under the Illinois Code of Civil Procedure but | 6 | | is reasonably claimed to be proprietary, including, without | 7 | | limitation, information that constitutes trade secrets or | 8 | | information that involves system security concerns, shall be | 9 | | provided, but shall not be considered a public record and shall | 10 | | be kept confidential by the municipality. | 11 | | In addition, the municipality must, upon request, | 12 | | reimburse the utility for the actual, reasonable costs and | 13 | | expenses, excluding attorneys' fees, incurred by the utility as | 14 | | a result of the municipality's inspection and requests for | 15 | | information. Upon written request, the utility shall issue a | 16 | | statement itemizing, with reasonable detail, the costs and | 17 | | expenses for which reimbursement is sought by the utility. | 18 | | Where such written request for a statement has been made, no | 19 | | payment shall be required until 30 days after receipt of the | 20 | | statement. Such reimbursement by the municipality shall be | 21 | | considered income for purposes of any rate proceeding or other | 22 | | financial request before the Illinois Commerce Commission by | 23 | | the utility. | 24 | | The municipality and the utility shall cooperate to resolve | 25 | | any dispute arising under this subsection. In the event the | 26 | | dispute under this subsection cannot be resolved, either party |
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| 1 | | may request relief from the circuit court in any county in | 2 | | which the water system is located, with the prevailing party to | 3 | | be awarded such relief as the court deems appropriate under the | 4 | | discovery abuse sanctions currently set forth in the Illinois | 5 | | Code of Civil Procedure. | 6 | | The municipality's right to inspect physical assets and | 7 | | records in connection with the purpose of this Section shall | 8 | | not be exercised with respect to any system more than one time | 9 | | during a 5-year period, unless a substantial change in the size | 10 | | of the system or condition of the operating assets of the | 11 | | system has occurred since the previous inspection. Rights under | 12 | | franchise agreements and other agreements or statutory or | 13 | | regulatory provisions are not limited by this Section and are | 14 | | preserved. | 15 | | The passage of time between an inspection of the utilities | 16 | | and physical assets and the making of a good faith offer or | 17 | | initiation of an eminent domain action because of the limit | 18 | | placed on inspections by this subsection shall not be used as a | 19 | | basis for challenging the good faith of any offer or be used as | 20 | | the basis for attacking any appraisal, expert, argument, or | 21 | | position before a court related to an acquisition by purchase | 22 | | or eminent domain.
| 23 | | (g) Notwithstanding any other provision of law, the | 24 | | Illinois Commerce Commission has no approval authority of any | 25 | | eminent domain action brought by any governmental entity or | 26 | | combination of such entities to acquire water systems or water |
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| 1 | | works. | 2 | | (h) The provisions of this Section are severable under | 3 | | Section 1.31 of the Statute on Statutes. | 4 | | (i) This Section does not apply to any public utility
| 5 | | company that, on January 1, 2006, supplied a total of 70,000 or
| 6 | | fewer meter connections in the State unless and until (i) that
| 7 | | public utility company receives approval from the Illinois
| 8 | | Commerce Commission under Section 7-204 of the Public Utilities
| 9 | | Act for the reorganization of the public utility company or
| 10 | | (ii) the majority control of the company changes through a
| 11 | | stock sale, a sale of assets, a merger (other than an internal
| 12 | | reorganization) or otherwise. For the purpose of this Section,
| 13 | | "public utility company" means the public utility providing
| 14 | | water service and includes any of its corporate parents,
| 15 | | subsidiaries, or affiliates possessing a franchised water
| 16 | | service in the State.
| 17 | | (j) Any contractor or subcontractor that performs work on a | 18 | | water system acquired by a municipality or municipalities under | 19 | | this Section shall comply with the requirements of Section | 20 | | 30-22 of the Illinois Procurement Code. The contractor or | 21 | | subcontractor shall submit evidence of compliance with Section | 22 | | 30-22 to the municipality or municipalities. | 23 | | (k) The municipality or municipalities acquiring the water | 24 | | system shall offer available employee positions to the | 25 | | qualified 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 | 2 | | becoming law.".
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