Illinois General Assembly - Full Text of Public Act 097-0586
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Public Act 097-0586


 

Public Act 0586 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0586
 
SB0083 EnrolledLRB097 03011 RLJ 43042 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Labor Relations Act is
amended by changing Section 3 as follows:
 
    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
    Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
    (b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and other
conditions of employment, as detailed in Section 7 and which
are not excluded by Section 4.
    (c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
    (d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
    (e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
    (f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State Police,
means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit, (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive
representative by a majority of the employees in an appropriate
bargaining unit; (iv) recognized as the exclusive
representative of personal care attendants or personal
assistants under Executive Order 2003-8 prior to the effective
date of this amendatory Act of the 93rd General Assembly, and
the organization shall be considered to be the exclusive
representative of the personal care attendants or personal
assistants as defined in this Section; or (v) recognized as the
exclusive representative of child and day care home providers,
including licensed and license exempt providers, pursuant to an
election held under Executive Order 2005-1 prior to the
effective date of this amendatory Act of the 94th General
Assembly, and the organization shall be considered to be the
exclusive representative of the child and day care home
providers as defined in this Section.
    With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department
of State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire fighters
in an appropriate bargaining unit in accordance with the
procedures contained in this Act, (ii) historically recognized
by the State of Illinois or any political subdivision of the
State before January 1, 1986 (the effective date of this
amendatory Act of 1985) as the exclusive representative by a
majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1, 1986
(the effective date of this amendatory Act of 1985) recognized
by an employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit.
    Where a historical pattern of representation exists for the
workers of a water system that was owned by a public utility,
as defined in Section 3-105 of the Public Utilities Act, prior
to becoming certified employees of a municipality or
municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of
the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to
be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the
appropriate unit.
    (g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any of
the employees in a collective bargaining unit are required to
pay their proportionate share of the costs of the collective
bargaining process, contract administration, and pursuing
matters affecting wages, hours, and other conditions of
employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall preclude
an employee from making voluntary political contributions in
conjunction with his or her fair share payment.
    (g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call fire
fighters, clerks and dispatchers or other civilian employees of
a fire department or fire protection district who are not
routinely expected to perform fire fighter duties, or elected
officials.
    (g-2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois,
as provided for under Article IV of the Constitution of the
State of Illinois, and includes but is not limited to the House
of Representatives, the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
    (h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the Director
of the Department of Central Management Services, and the
Director of the Department of Labor; the county board in the
case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
    (i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
    (j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
    (k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons are
not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section 3-6012.1
of the Counties Code, temporary employees, traffic guards or
wardens, civilian parking meter and parking facilities
personnel or other individuals specially appointed to aid or
direct traffic at or near schools or public functions or to aid
in civil defense or disaster, parking enforcement employees who
are not commissioned as peace officers and who are not armed
and who are not routinely expected to effect arrests, parking
lot attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely expected
to effect arrests, or elected officials.
    (l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
    (m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a
hospital, as distinguished from a general academic education or
from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a professional
person to qualify to become a professional employee as defined
in this subsection (m).
    (n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of the effective date of this amendatory Act of the 93rd
General Assembly, but not before, personal care attendants and
personal assistants working under the Home Services Program
under Section 3 of the Disabled Persons Rehabilitation Act,
subject to the limitations set forth in this Act and in the
Disabled Persons Rehabilitation Act, and (iii) as of the
effective date of this amendatory Act of the 94th General
Assembly, but not before, child and day care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code, but excluding all of the following:
employees of the General Assembly of the State of Illinois;
elected officials; executive heads of a department; members of
boards or commissions; the Executive Inspectors General; any
special Executive Inspectors General; employees of each Office
of an Executive Inspector General; commissioners and employees
of the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on the effective date of
this amendatory Act of the 96th General Assembly; managerial
employees; short-term employees; confidential employees;
independent contractors; and supervisors except as provided in
this Act.
    Personal care attendants and personal assistants shall not
be considered public employees for any purposes not
specifically provided for in the amendatory Act of the 93rd
General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by the
State Employees Group Insurance Act of 1971 (5 ILCS 375/).
    Child and day care home providers shall not be considered
public employees for any purposes not specifically provided for
in this amendatory Act of the 94th General Assembly, including
but not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the
State Employees Group Insurance Act of 1971.
    Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
    (o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government or
school district; authorities including departments, divisions,
bureaus, boards, commissions, or other agencies of the
foregoing entities; and any person acting within the scope of
his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of the effective
date of the amendatory Act of the 93rd General Assembly, but
not before, the State of Illinois shall be considered the
employer of the personal care attendants and personal
assistants working under the Home Services Program under
Section 3 of the Disabled Persons Rehabilitation Act, subject
to the limitations set forth in this Act and in the Disabled
Persons Rehabilitation Act. The State shall not be considered
to be the employer of personal care attendants and personal
assistants for any purposes not specifically provided for in
this amendatory Act of the 93rd General Assembly, including but
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Personal care attendants and personal assistants shall not be
covered by the State Employees Group Insurance Act of 1971 (5
ILCS 375/). As of the effective date of this amendatory Act of
the 94th General Assembly but not before, the State of Illinois
shall be considered the employer of the day and child care home
providers participating in the child care assistance program
under Section 9A-11 of the Illinois Public Aid Code, subject to
the limitations set forth in this Act and in Section 9A-11 of
the Illinois Public Aid Code. The State shall not be considered
to be the employer of child and day care home providers for any
purposes not specifically provided for in this amendatory Act
of the 94th General Assembly, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
    "Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in its
employment of firefighters and peace officers and except with
respect to a school district in the employment of peace
officers in its own police department in existence on the
effective date of this amendatory Act of the 96th General
Assembly. County boards and county sheriffs shall be designated
as joint or co-employers of county peace officers appointed
under the authority of a county sheriff. Nothing in this
subsection (o) shall be construed to prevent the State Panel or
the Local Panel from determining that employers are joint or
co-employers.
    (o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
        (1) For court reporters employed by the Cook County
    Judicial Circuit, the chief judge of the Cook County
    Circuit Court is the public employer and employer
    representative.
        (2) For court reporters employed by the 12th, 18th,
    19th, and, on and after December 4, 2006, the 22nd judicial
    circuits, a group consisting of the chief judges of those
    circuits, acting jointly by majority vote, is the public
    employer and employer representative.
        (3) For court reporters employed by all other judicial
    circuits, a group consisting of the chief judges of those
    circuits, acting jointly by majority vote, is the public
    employer and employer representative.
    (p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
    (q) "Short-term employee" means an employee who is employed
for less than 2 consecutive calendar quarters during a calendar
year and who does not have a reasonable assurance that he or
she will be rehired by the same employer for the same service
in a subsequent calendar year.
    (r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine or
clerical nature, but requires the consistent use of independent
judgment. Except with respect to police employment, the term
"supervisor" includes only those individuals who devote a
preponderance of their employment time to exercising that
authority, State supervisors notwithstanding. In addition, in
determining supervisory status in police employment, rank
shall not be determinative. The Board shall consider, as
evidence of bargaining unit inclusion or exclusion, the common
law enforcement policies and relationships between police
officer ranks and certification under applicable civil service
law, ordinances, personnel codes, or Division 2.1 of Article 10
of the Illinois Municipal Code, but these factors shall not be
the sole or predominant factors considered by the Board in
determining police supervisory status.
    Notwithstanding the provisions of the preceding paragraph,
in determining supervisory status in fire fighter employment,
no fire fighter shall be excluded as a supervisor who has
established representation rights under Section 9 of this Act.
Further, in new fire fighter units, employees shall consist of
fire fighters of the rank of company officer and below. If a
company officer otherwise qualifies as a supervisor under the
preceding paragraph, however, he or she shall not be included
in the fire fighter unit. If there is no rank between that of
chief and the highest company officer, the employer may
designate a position on each shift as a Shift Commander, and
the persons occupying those positions shall be supervisors. All
other ranks above that of company officer shall be supervisors.
    (s) (1) "Unit" means a class of jobs or positions that are
    held by employees whose collective interests may suitably
    be represented by a labor organization for collective
    bargaining. Except with respect to non-State fire fighters
    and paramedics employed by fire departments and fire
    protection districts, non-State peace officers, and peace
    officers in the Department of State Police, a bargaining
    unit determined by the Board shall not include both
    employees and supervisors, or supervisors only, except as
    provided in paragraph (2) of this subsection (s) and except
    for bargaining units in existence on July 1, 1984 (the
    effective date of this Act). With respect to non-State fire
    fighters and paramedics employed by fire departments and
    fire protection districts, non-State peace officers, and
    peace officers in the Department of State Police, a
    bargaining unit determined by the Board shall not include
    both supervisors and nonsupervisors, or supervisors only,
    except as provided in paragraph (2) of this subsection (s)
    and except for bargaining units in existence on January 1,
    1986 (the effective date of this amendatory Act of 1985). A
    bargaining unit determined by the Board to contain peace
    officers shall contain no employees other than peace
    officers unless otherwise agreed to by the employer and the
    labor organization or labor organizations involved.
    Notwithstanding any other provision of this Act, a
    bargaining unit, including a historical bargaining unit,
    containing sworn peace officers of the Department of
    Natural Resources (formerly designated the Department of
    Conservation) shall contain no employees other than such
    sworn peace officers upon the effective date of this
    amendatory Act of 1990 or upon the expiration date of any
    collective bargaining agreement in effect upon the
    effective date of this amendatory Act of 1990 covering both
    such sworn peace officers and other employees.
        (2) Notwithstanding the exclusion of supervisors from
    bargaining units as provided in paragraph (1) of this
    subsection (s), a public employer may agree to permit its
    supervisory employees to form bargaining units and may
    bargain with those units. This Act shall apply if the
    public employer chooses to bargain under this subsection.
        (3) Public employees who are court reporters, as
    defined in the Court Reporters Act, shall be divided into 3
    units for collective bargaining purposes. One unit shall be
    court reporters employed by the Cook County Judicial
    Circuit; one unit shall be court reporters employed by the
    12th, 18th, 19th, and, on and after December 4, 2006, the
    22nd judicial circuits; and one unit shall be court
    reporters employed by all other judicial circuits.
(Source: P.A. 95-331, eff. 8-21-07; 96-1257, eff. 7-23-10.)
 
    Section 10. The Illinois Municipal Code is amended by
changing Section 11-124-5 as follows:
 
    (65 ILCS 5/11-124-5)
    Sec. 11-124-5. Acquisition of water systems by eminent
domain.
    (a) In addition to other provisions providing for the
acquisition of water systems or water works, whenever a public
utility subject to the Public Utilities Act utilizes public
property (including, but not limited to, right-of-way) of a
municipality for the installation or maintenance of all or part
of its water distribution system, the municipality has the
right to exercise eminent domain to acquire all or part of the
water system, in accordance with this Section. Unless it
complies with the provisions set forth in this Section, a
municipality is not permitted to acquire by eminent domain that
portion of a system located in another incorporated
municipality without agreement of that municipality, but this
provision shall not prevent the acquisition of that portion of
the water system existing within the acquiring municipality.
    (b) Where a water system that is owned by a public utility
(as defined in the Public 16 Utilities Act) provides water to
customers located in 2 or more municipalities, the system may
be acquired by a majority either or all of the municipalities
by eminent domain if there is in existence an intergovernmental
agreement between the municipalities served providing for
acquisition. If the system is to be acquired by more than one
municipality, then there must be an intergovernmental
agreement in existence between the acquiring municipalities
providing for the acquisition.
    (c) If a water system that is owned by a public utility
provides water to customers located in one or more
municipalities and also to customers in an unincorporated area
and if at least 70% of the customers of the system or portion
thereof are located within the municipality or municipalities,
then the system, or portion thereof as determined by the
corporate authorities, may be acquired, using eminent domain or
otherwise, by either a municipality under subsection (a) or an
entity created by agreement between municipalities where at
least 70% of the customers reside. For the purposes of
determining "customers of the system", only retail customers
directly billed by the company shall be included in the
computation. The number of customers of the system most
recently reported to the Illinois Commerce Commission for any
calendar year preceding the year a resolution is passed by a
municipality or municipalities expressing preliminary intent
to purchase the water system or portion thereof shall be
presumed to be the total number of customers within the system.
The public utility shall provide information relative to the
number of customers within each municipality and within the
system within 60 days after any such request by a municipality.
    (d) In the case of acquisition by a municipality or
municipalities or a public entity created by law to own or
operate a water system under this Section, service and water
supply must be provided to persons who are customers of the
system on the effective date of this amendatory Act of the 94th
General Assembly without discrimination based on whether the
customer is located within or outside of the boundaries of the
acquiring municipality or municipalities or entity, and a
supply contract existing on the effective date of this
amendatory Act of the 94th General Assembly must be honored by
an acquiring municipality, municipalities, or entity according
to the terms so long as the agreement does not conflict with
any other existing agreement.
    (e) For the purposes of this Section, "system" includes all
assets reasonably necessary to provide water service to a
contiguous or compact geographical service area or to an area
served by a common pipeline and include, but are not limited
to, interests in real estate, all wells, pipes, treatment
plants, pumps and other physical apparatus, data and records of
facilities and customers, fire hydrants, equipment, or
vehicles and also includes service agreements and obligations
derived from use of the assets, whether or not the assets are
contiguous to the municipality, municipalities, or entity
created for the purpose of owning or operating a water system.
    (f) Before making a good faith offer, a municipality may
pass a resolution of intent to study the feasibility of
purchasing or exercising its power of eminent domain to acquire
any water system or water works, sewer system or sewer works,
or combined water and sewer system or works, or part thereof.
Upon the passage of such a resolution, the municipality shall
have the right to review and inspect all financial and other
records, and both corporeal and incorporeal assets of such
utility related to the condition and the operation of the
system or works, or part thereof, as part of the study and
determination of feasibility of the proposed acquisition by
purchase or exercise of the power of eminent domain, and the
utility shall make knowledgeable persons who have access to all
relevant facts and information regarding the subject system or
works available to answer inquiries related to the study and
determination.
    The right to review and inspect shall be upon reasonable
notice to the utility, with reasonable inspection and review
time limitations and reasonable response times for production,
copying, and answer. In addition, the utility may utilize a
reasonable security protocol for personnel on the
municipality's physical inspection team.
    In the absence of other agreement, the utility must respond
to any notice by the municipality concerning its review and
inspection within 21 days after receiving the notice. The
review and inspection of the assets of the company shall be
over such period of time and carried out in such manner as is
reasonable under the circumstances.
    Information requested that is not privileged or protected
from discovery under the Illinois Code of Civil Procedure but
is reasonably claimed to be proprietary, including, without
limitation, information that constitutes trade secrets or
information that involves system security concerns, shall be
provided, but shall not be considered a public record and shall
be kept confidential by the municipality.
    In addition, the municipality must, upon request,
reimburse the utility for the actual, reasonable costs and
expenses, excluding attorneys' fees, incurred by the utility as
a result of the municipality's inspection and requests for
information. Upon written request, the utility shall issue a
statement itemizing, with reasonable detail, the costs and
expenses for which reimbursement is sought by the utility.
Where such written request for a statement has been made, no
payment shall be required until 30 days after receipt of the
statement. Such reimbursement by the municipality shall be
considered income for purposes of any rate proceeding or other
financial request before the Illinois Commerce Commission by
the utility.
    The municipality and the utility shall cooperate to resolve
any dispute arising under this subsection. In the event the
dispute under this subsection cannot be resolved, either party
may request relief from the circuit court in any county in
which the water system is located, with the prevailing party to
be awarded such relief as the court deems appropriate under the
discovery abuse sanctions currently set forth in the Illinois
Code of Civil Procedure.
    The municipality's right to inspect physical assets and
records in connection with the purpose of this Section shall
not be exercised with respect to any system more than one time
during a 5-year period, unless a substantial change in the size
of the system or condition of the operating assets of the
system has occurred since the previous inspection. Rights under
franchise agreements and other agreements or statutory or
regulatory provisions are not limited by this Section and are
preserved.
    The passage of time between an inspection of the utilities
and physical assets and the making of a good faith offer or
initiation of an eminent domain action because of the limit
placed on inspections by this subsection shall not be used as a
basis for challenging the good faith of any offer or be used as
the basis for attacking any appraisal, expert, argument, or
position before a court related to an acquisition by purchase
or eminent domain.
    (g) Notwithstanding any other provision of law, the
Illinois Commerce Commission has no approval authority of any
eminent domain action brought by any governmental entity or
combination of such entities to acquire water systems or water
works.
    (h) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
    (i) This Section does not apply to any public utility
company that, on January 1, 2006, supplied a total of 70,000 or
fewer meter connections in the State unless and until (i) that
public utility company receives approval from the Illinois
Commerce Commission under Section 7-204 of the Public Utilities
Act for the reorganization of the public utility company or
(ii) the majority control of the company changes through a
stock sale, a sale of assets, a merger (other than an internal
reorganization) or otherwise. For the purpose of this Section,
"public utility company" means the public utility providing
water service and includes any of its corporate parents,
subsidiaries, or affiliates possessing a franchised water
service in the State.
    (j) Any contractor or subcontractor that performs work on a
water system acquired by a municipality or municipalities under
this Section shall comply with the requirements of Section
30-22 of the Illinois Procurement Code. The contractor or
subcontractor shall submit evidence of compliance with Section
30-22 to the municipality or municipalities.
    (k) The municipality or municipalities acquiring the water
system shall offer available employee positions to the
qualified employees of the acquired water system.
(Source: P.A. 94-1007, eff. 1-1-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2011