Sen. Dale A. Righter

Filed: 4/27/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 988 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 5 and 15.1 and by adding Section
65.2 as follows:
7    (5 ILCS 315/5)  (from Ch. 48, par. 1605)
8    Sec. 5. Illinois Labor Relations Board; State Panel; Local
10    (a) There is created the Illinois Labor Relations Board.
11The Board shall be comprised of 2 panels, to be known as the
12State Panel and the Local Panel.
13    (a-5) The State Panel shall have jurisdiction over
14collective bargaining matters between employee organizations
15and the State of Illinois, excluding the General Assembly of
16the State of Illinois, between employee organizations and units



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1of local government and school districts with a population not
2in excess of 2 million persons, and between employee
3organizations and the Regional Transportation Authority, and
4as provided under the Illinois Educational Labor Relations Act.
5    The State Panel shall consist of 5 members appointed by the
6Governor, with the advice and consent of the Senate. The
7Governor shall appoint to the State Panel only persons who have
8had a minimum of 5 years of experience directly related to
9labor and employment relations in representing public
10employers or , private employers, including, but not limited
11to, educational employers, or labor organizations, including,
12but not limited to, those representing educational employees;
13or teaching labor or employment relations; or administering
14executive orders or regulations applicable to labor or
15employment relations. At the time of his or her appointment,
16each member of the State Panel shall be an Illinois resident.
17The Governor shall designate one member to serve as the
18Chairman of the State Panel and the Board.
19    Notwithstanding any other provision of this Section, the
20term of each member of the State Panel who was appointed by the
21Governor and is in office on June 30, 2003 shall terminate at
22the close of business on that date or when all of the successor
23members to be appointed pursuant to this amendatory Act of the
2493rd General Assembly have been appointed by the Governor,
25whichever occurs later. As soon as possible, the Governor shall
26appoint persons to fill the vacancies created by this



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1amendatory Act.
2    The initial appointments under this amendatory Act of the
393rd General Assembly shall be for terms as follows: The
4Chairman shall initially be appointed for a term ending on the
54th Monday in January, 2007; 2 members shall be initially
6appointed for terms ending on the 4th Monday in January, 2006;
7one member shall be initially appointed for a term ending on
8the 4th Monday in January, 2005; and one member shall be
9initially appointed for a term ending on the 4th Monday in
10January, 2004. Each subsequent member shall be appointed for a
11term of 4 years, commencing on the 4th Monday in January. Upon
12expiration of the term of office of any appointive member, that
13member shall continue to serve until a successor shall be
14appointed and qualified. In case of a vacancy, a successor
15shall be appointed to serve for the unexpired portion of the
16term. If the Senate is not in session at the time the initial
17appointments are made, the Governor shall make temporary
18appointments in the same manner successors are appointed to
19fill vacancies. A temporary appointment shall remain in effect
20no longer than 20 calendar days after the commencement of the
21next Senate session.
22    (b) The Local Panel shall have jurisdiction over collective
23bargaining agreement matters between employee organizations
24and units of local government with a population in excess of 2
25million persons, but excluding the Regional Transportation



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1    The Local Panel shall consist of one person appointed by
2the Governor with the advice and consent of the Senate (or, if
3no such person is appointed, the Chairman of the State Panel)
4and two additional members, one appointed by the Mayor of the
5City of Chicago and one appointed by the President of the Cook
6County Board of Commissioners. Appointees to the Local Panel
7must have had a minimum of 5 years of experience directly
8related to labor and employment relations in representing
9public employers, private employers or labor organizations; or
10teaching labor or employment relations; or administering
11executive orders or regulations applicable to labor or
12employment relations. Each member of the Local Panel shall be
13an Illinois resident at the time of his or her appointment. The
14member appointed by the Governor (or, if no such person is
15appointed, the Chairman of the State Panel) shall serve as the
16Chairman of the Local Panel.
17    Notwithstanding any other provision of this Section, the
18term of the member of the Local Panel who was appointed by the
19Governor and is in office on June 30, 2003 shall terminate at
20the close of business on that date or when his or her successor
21has been appointed by the Governor, whichever occurs later. As
22soon as possible, the Governor shall appoint a person to fill
23the vacancy created by this amendatory Act. The initial
24appointment under this amendatory Act of the 93rd General
25Assembly shall be for a term ending on the 4th Monday in
26January, 2007.



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1    The initial appointments under this amendatory Act of the
291st General Assembly shall be for terms as follows: The member
3appointed by the Governor shall initially be appointed for a
4term ending on the 4th Monday in January, 2001; the member
5appointed by the President of the Cook County Board shall be
6initially appointed for a term ending on the 4th Monday in
7January, 2003; and the member appointed by the Mayor of the
8City of Chicago shall be initially appointed for a term ending
9on the 4th Monday in January, 2004. Each subsequent member
10shall be appointed for a term of 4 years, commencing on the 4th
11Monday in January. Upon expiration of the term of office of any
12appointive member, the member shall continue to serve until a
13successor shall be appointed and qualified. In the case of a
14vacancy, a successor shall be appointed by the applicable
15appointive authority to serve for the unexpired portion of the
17    (c) Three members of the State Panel shall at all times
18constitute a quorum. Two members of the Local Panel shall at
19all times constitute a quorum. A vacancy on a panel does not
20impair the right of the remaining members to exercise all of
21the powers of that panel. Each panel shall adopt an official
22seal which shall be judicially noticed. The salary of the
23Chairman of the State Panel shall be $50,000 $82,429 per year,
24or as set by the Compensation Review Board, whichever is
25greater, and that of the other members of the State and Local
26Panels shall be $45,000 $74,188 per year, or as set by the



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1Compensation Review Board, whichever is greater.
2    (d) Each member shall devote his or her entire time to the
3duties of the office, and shall hold no other office or
4position of profit, nor engage in any other business,
5employment, or vocation. No member shall hold any other public
6office or be employed as a labor or management representative
7by the State or any political subdivision of the State or of
8any department or agency thereof or any public or private
9school, college, or university, or actively represent or act on
10behalf of an employer or an employee organization or an
11employer in labor relations matters. Any member of the State
12Panel may be removed from office by the Governor for
13inefficiency, neglect of duty, misconduct or malfeasance in
14office, and for no other cause, and only upon notice and
15hearing. Any member of the Local Panel may be removed from
16office by the applicable appointive authority for
17inefficiency, neglect of duty, misconduct or malfeasance in
18office, and for no other cause, and only upon notice and
20    (e) Each panel at the end of every State fiscal year shall
21make a report in writing to the Governor and the General
22Assembly, stating in detail the work it has done in hearing and
23deciding cases and otherwise.
24    (f) In order to accomplish the objectives and carry out the
25duties prescribed by this Act, a panel or its authorized
26designees may hold elections to determine whether a labor



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1organization has majority status; investigate and attempt to
2resolve or settle charges of unfair labor practices; hold
3hearings in order to carry out its functions; develop and
4effectuate appropriate impasse resolution procedures for
5purposes of resolving labor disputes; require the appearance of
6witnesses and the production of evidence on any matter under
7inquiry; and administer oaths and affirmations. The panels
8shall sign and report in full an opinion in every case which
9they decide.
10    (g) Each panel may appoint or employ an executive director,
11attorneys, hearing officers, mediators, fact-finders,
12arbitrators, and such other employees as it may deem necessary
13to perform its functions. The governing boards shall prescribe
14the duties and qualifications of such persons appointed and,
15subject to the annual appropriation, fix their compensation and
16provide for reimbursement of actual and necessary expenses
17incurred in the performance of their duties. The Board shall
18employ a minimum of 16 attorneys and 6 investigators.
19    (h) Each panel shall exercise general supervision over all
20attorneys which it employs and over the other persons employed
21to provide necessary support services for such attorneys. The
22panels shall have final authority in respect to complaints
23brought pursuant to this Act.
24    (i) The following rules and regulations shall be adopted by
25the panels meeting in joint session: (1) procedural rules and
26regulations which shall govern all Board proceedings; (2)



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1procedures for election of exclusive bargaining
2representatives pursuant to Section 9, except for the
3determination of appropriate bargaining units; and (3)
4appointment of counsel pursuant to subsection (k) of this
6    (j) Rules and regulations may be adopted, amended or
7rescinded only upon a vote of 5 of the members of the State and
8Local Panels meeting in joint session. The adoption, amendment
9or rescission of rules and regulations shall be in conformity
10with the requirements of the Illinois Administrative Procedure
12    (k) The panels in joint session shall promulgate rules and
13regulations providing for the appointment of attorneys or other
14Board representatives to represent persons in unfair labor
15practice proceedings before a panel. The regulations governing
16appointment shall require the applicant to demonstrate an
17inability to pay for or inability to otherwise provide for
18adequate representation before a panel. Such rules must also
19provide: (1) that an attorney may not be appointed in cases
20which, in the opinion of a panel, are clearly without merit;
21(2) the stage of the unfair labor proceeding at which counsel
22will be appointed; and (3) the circumstances under which a
23client will be allowed to select counsel.
24    (1) The panels in joint session may promulgate rules and
25regulations which allow parties in proceedings before a panel
26to be represented by counsel or any other representative of the



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1party's choice.
2    (m) The Chairman of the State Panel shall serve as Chairman
3of a joint session of the panels. Attendance of at least 2
4members of the State Panel and at least one member of the Local
5Panel, in addition to the Chairman, shall constitute a quorum
6at a joint session. The panels shall meet in joint session at
7least annually.
8(Source: P.A. 96-813, eff. 10-30-09.)
9    (5 ILCS 315/5.2 new)
10    Sec. 5.2. Transfer from Illinois Educational Labor
11Relations Board.
12    (a) On the effective date of this amendatory Act of the
13100th General Assembly, all powers, duties, rights, and
14responsibilities of the Illinois Educational Labor Relations
15Board under the Illinois Educational Labor Relations Act are
16transferred to the Illinois Public Labor Relations Board. The
17powers, duties, rights, and responsibilities transferred from
18the Illinois Educational Labor Relations Board to the Illinois
19Public Labor Relations Board by this amendatory Act shall be
20vested in and shall be exercised by the Illinois Public Labor
21Relations Board.
22    (b) Except for members of the Illinois Educational Labor
23Relations Board, the personnel of the Illinois Educational
24Labor Relations Board with duties related to the powers,
25duties, rights, and responsibilities transferred under this



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1amendatory Act shall be transferred to the Illinois Public
2Labor Relations Board. The status and rights of such employees
3under the Personnel Code shall not be affected by the transfer.
4The rights of the employees and the State of Illinois and its
5agencies under the Personnel Code and applicable collective
6bargaining agreements or under any pension, retirement, or
7annuity plan shall not be affected by this amendatory Act.
8    (c) All books, records, papers, documents, property (real
9and personal), contracts, causes of action, and pending
10business pertaining to the powers, duties, rights, and
11responsibilities transferred by this amendatory Act from the
12Illinois Educational Labor Relations Board to the Illinois
13Public Labor Relations Board, including, but not limited to,
14material in electronic or magnetic format and necessary
15computer hardware and software, are transferred to the Illinois
16Public Labor Relations Board.
17    (d) All unexpended appropriations and balances and other
18funds available for use by the Illinois Educational Labor
19Relations Board related to the powers, duties, rights, and
20responsibilities transferred by this amendatory Act are
21transferred for use by the Illinois Public Labor Relations
22Board pursuant to the direction of the Governor. Unexpended
23balances so transferred shall be expended only for the purpose
24for which the appropriations were originally made.
25    (e) Whenever reports or notices are now required to be made
26or given or papers or documents furnished or served by any



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1person to or upon the Illinois Educational Labor Relations
2Board in connection with any of the powers, duties, rights, and
3responsibilities transferred by this amendatory Act, the same
4shall be made, given, furnished, or served in the same manner
5to or upon the Illinois Public Labor Relations Board.
6    (f) This amendatory Act does not affect any act done,
7ratified, or canceled or any right occurring or established or
8any action or proceeding had or commenced in an administrative,
9civil, or criminal cause by the Illinois Educational Labor
10Relations Board before this amendatory Act takes effect; to the
11extent that such actions or proceedings relate to any of the
12powers, duties, rights, and responsibilities transferred by
13this amendatory Act, the same may be prosecuted and continued
14by the Illinois Public Labor Relations Board.
15    (g) Any rules of the Illinois Educational Labor Relations
16Board that relate to any of the powers, duties, rights, and
17responsibilities transferred by this amendatory Act and are in
18full force on the effective date of this amendatory Act become
19the rules of the Illinois Public Labor Relations Board. This
20amendatory Act does not affect the legality of any such rules
21in the Illinois Administrative Code.
22    Any proposed rules filed with the Secretary of State by the
23Illinois Educational Labor Relations Board that are pending in
24the rulemaking process on the effective date of this amendatory
25Act and pertain to the powers, duties, rights, and
26responsibilities transferred, are deemed to have been filed by



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1the Illinois Public Labor Relations Board. As soon as
2practicable hereafter, the Illinois Public Labor Relations
3Board shall revise and clarify the rules transferred to it
4under this amendatory Act to reflect the reorganization of
5powers, duties, rights, and responsibilities affected by this
6amendatory Act, using the procedures for recodification of
7rules available under the Illinois Administrative Procedure
8Act, except that existing title, part, and section numbering
9for the affected rules may be retained. The Illinois Public
10Labor Relations Board may propose and adopt under the Illinois
11Administrative Procedure Act such other rules of the Illinois
12Educational Labor Relations Board that will now be administered
13by the Illinois Public Labor Relations Board.
14    (5 ILCS 315/15.1)  (from Ch. 48, par. 1615.1)
15    Sec. 15.1. Precedents established by other labor boards.
16Unless contradicted by administrative precedent previously
17established by the State Panel, all final decisions in
18representation and unfair labor practice cases decided by the
19Local Panel and the former Illinois Educational Labor Relations
20Board created under the Illinois Educational Labor Relations
21Act which have not been reversed by subsequent court rulings,
22shall be considered, but need not be followed by the State
24    Unless contradicted by administrative precedent previously
25established by the Local Panel, all final decisions in



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1representation and unfair labor practice cases decided by the
2State Panel and the former Illinois Educational Labor Relations
3Board which have not been reversed by subsequent court rulings,
4shall be considered, but need not be followed by the Local
6(Source: P.A. 91-798, eff. 7-9-00.)
7    Section 10. The State Officials and Employees Ethics Act is
8amended by changing Section 5-50 as follows:
9    (5 ILCS 430/5-50)
10    Sec. 5-50. Ex parte communications; special government
12    (a) This Section applies to ex parte communications made to
13any agency listed in subsection (e).
14    (b) "Ex parte communication" means any written or oral
15communication by any person that imparts or requests material
16information or makes a material argument regarding potential
17action concerning regulatory, quasi-adjudicatory, investment,
18or licensing matters pending before or under consideration by
19the agency. "Ex parte communication" does not include the
20following: (i) statements by a person publicly made in a public
21forum; (ii) statements regarding matters of procedure and
22practice, such as format, the number of copies required, the
23manner of filing, and the status of a matter; and (iii)
24statements made by a State employee of the agency to the agency



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1head or other employees of that agency.
2    (b-5) An ex parte communication received by an agency,
3agency head, or other agency employee from an interested party
4or his or her official representative or attorney shall
5promptly be memorialized and made a part of the record.
6    (c) An ex parte communication received by any agency,
7agency head, or other agency employee, other than an ex parte
8communication described in subsection (b-5), shall immediately
9be reported to that agency's ethics officer by the recipient of
10the communication and by any other employee of that agency who
11responds to the communication. The ethics officer shall require
12that the ex parte communication be promptly made a part of the
13record. The ethics officer shall promptly file the ex parte
14communication with the Executive Ethics Commission, including
15all written communications, all written responses to the
16communications, and a memorandum prepared by the ethics officer
17stating the nature and substance of all oral communications,
18the identity and job title of the person to whom each
19communication was made, all responses made, the identity and
20job title of the person making each response, the identity of
21each person from whom the written or oral ex parte
22communication was received, the individual or entity
23represented by that person, any action the person requested or
24recommended, and any other pertinent information. The
25disclosure shall also contain the date of any ex parte



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1    (d) "Interested party" means a person or entity whose
2rights, privileges, or interests are the subject of or are
3directly affected by a regulatory, quasi-adjudicatory,
4investment, or licensing matter.
5    (e) This Section applies to the following agencies:
6Executive Ethics Commission
7Illinois Commerce Commission
8Educational Labor Relations Board
9State Board of Elections
10Illinois Gaming Board
11Health Facilities and Services Review Board 
12Illinois Workers' Compensation Commission
13Illinois Labor Relations Board
14Illinois Liquor Control Commission
15Pollution Control Board
16Property Tax Appeal Board
17Illinois Racing Board
18Illinois Purchased Care Review Board
19Department of State Police Merit Board
20Motor Vehicle Review Board
21Prisoner Review Board
22Civil Service Commission
23Personnel Review Board for the Treasurer
24Merit Commission for the Secretary of State
25Merit Commission for the Office of the Comptroller
26Court of Claims



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1Board of Review of the Department of Employment Security
2Department of Insurance
3Department of Professional Regulation and licensing boards
4  under the Department
5Department of Public Health and licensing boards under the
6  Department
7Office of Banks and Real Estate and licensing boards under
8  the Office
9State Employees Retirement System Board of Trustees
10Judges Retirement System Board of Trustees
11General Assembly Retirement System Board of Trustees
12Illinois Board of Investment
13State Universities Retirement System Board of Trustees
14Teachers Retirement System Officers Board of Trustees
15    (f) Any person who fails to (i) report an ex parte
16communication to an ethics officer, (ii) make information part
17of the record, or (iii) make a filing with the Executive Ethics
18Commission as required by this Section or as required by
19Section 5-165 of the Illinois Administrative Procedure Act
20violates this Act.
21(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
22    Section 15. The Task Force on Inventorying Employment
23Restrictions Act is amended by changing Section 10 as follows:
24    (20 ILCS 5000/10)



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1    Sec. 10. Definitions. As used in this Act:
2    "State agencies" shall mean the following State agencies,
3boards, and commissions: Department on Aging, Department of
4Agriculture, Office of Appellate Defender, Office of the
5State's Attorneys Appellate Prosecutor, Illinois Arts Council,
6Office of the Attorney General, Auditor General, Capital
7Development Board, Department of Central Management Services,
8Department of Children and Family Services, Civil Service
9Commission, Illinois Department of Commerce and Economic
10Opportunity, Illinois Commerce Commission, Illinois Community
11College Board, State of Illinois Comprehensive Health
12Insurance Plan, Office of the Comptroller, Department of
13Corrections, Criminal Justice Information Authority, Illinois
14Council on Developmental Disabilities, Illinois Deaf and Hard
15of Hearing Commission, Commission on Discrimination and Hate
16Crimes, State Board of Education, Illinois Educational Labor
17Relations Board, State Board of Elections, Illinois Emergency
18Management Agency, Department of Employment Security,
19Environmental Protection Agency, Illinois State Fair, Illinois
20Finance Authority, Department of Financial and Professional
21Regulation, Office of the First Lady, Illinois Gaming Board,
22Office of the Governor, Guardianship and Advocacy Commission,
23Department of Healthcare and Family Services, Board of Higher
24Education, Historic Preservation Agency, Illinois Housing
25Development Authority, Illinois Human Rights Commission,
26Department of Human Rights, Department of Human Services,



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1Illinois State Board of Investment, Department of Juvenile
2Justice, Office of the Lieutenant Governor, Department of
3Labor, Illinois Labor Relations Board, Illinois Law
4Enforcement Training Standards Board, Illinois Liquor Control
5Commission, Illinois Lottery, Governor's Office of Management
6and Budget, Illinois Medical District Commission, Department
7of Military Affairs, Department of Natural Resources,
8Pollution Control Board, Prairie State 2000 Authority,
9Property Tax Appeal Board, Department of Public Health,
10Illinois Prisoner Review Board, Illinois Racing Board,
11Department of Revenue, Office of the Secretary of State, State
12Fire Marshal, Illinois State Police, State Police Merit Board,
13State Retirement Systems, Office of the State Treasurer, State
14Universities Civil Service System, State Universities
15Retirement System, Illinois Student Assistance Commission,
16Illinois Supreme Court, Illinois Teachers' Retirement System,
17Illinois State Toll Highway Authority, Department of
18Transportation, Department of Veterans Affairs', Governor's
19Office of Women's Affairs, and Illinois Workers' Compensation
21(Source: P.A. 96-593, eff. 8-18-09.)
22    Section 20. The State Revenue Sharing Act is amended by
23changing Section 12 as follows:
24    (30 ILCS 115/12)  (from Ch. 85, par. 616)



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1    Sec. 12. Personal Property Tax Replacement Fund. There is
2hereby created the Personal Property Tax Replacement Fund, a
3special fund in the State Treasury into which shall be paid all
4revenue realized:
5    (a) all amounts realized from the additional personal
6property tax replacement income tax imposed by subsections (c)
7and (d) of Section 201 of the Illinois Income Tax Act, except
8for those amounts deposited into the Income Tax Refund Fund
9pursuant to subsection (c) of Section 901 of the Illinois
10Income Tax Act; and
11    (b) all amounts realized from the additional personal
12property replacement invested capital taxes imposed by Section
132a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
14Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
15Section 3 of the Water Company Invested Capital Tax Act, and
16amounts payable to the Department of Revenue under the
17Telecommunications Infrastructure Maintenance Fee Act.
18    As soon as may be after the end of each month, the
19Department of Revenue shall certify to the Treasurer and the
20Comptroller the amount of all refunds paid out of the General
21Revenue Fund through the preceding month on account of
22overpayment of liability on taxes paid into the Personal
23Property Tax Replacement Fund. Upon receipt of such
24certification, the Treasurer and the Comptroller shall
25transfer the amount so certified from the Personal Property Tax
26Replacement Fund into the General Revenue Fund.



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1    The payments of revenue into the Personal Property Tax
2Replacement Fund shall be used exclusively for distribution to
3taxing districts, regional offices and officials, and local
4officials as provided in this Section and in the School Code,
5payment of the ordinary and contingent expenses of the Property
6Tax Appeal Board, payment of the expenses of the Department of
7Revenue incurred in administering the collection and
8distribution of monies paid into the Personal Property Tax
9Replacement Fund and transfers due to refunds to taxpayers for
10overpayment of liability for taxes paid into the Personal
11Property Tax Replacement Fund.
12    In addition, moneys in the Personal Property Tax
13Replacement Fund may be used to pay any of the following: (i)
14salary, stipends, and additional compensation as provided by
15law for chief election clerks, county clerks, and county
16recorders; (ii) costs associated with regional offices of
17education and educational service centers; (iii)
18reimbursements payable by the State Board of Elections under
19Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
20Election Code; (iv) expenses of the Illinois Public Labor
21Relations Board under the Illinois Educational Labor Relations
22Act Board; and (v) salary, personal services, and additional
23compensation as provided by law for court reporters under the
24Court Reporters Act.
25    As soon as may be after the effective date of this
26amendatory Act of 1980, the Department of Revenue shall certify



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1to the Treasurer the amount of net replacement revenue paid
2into the General Revenue Fund prior to that effective date from
3the additional tax imposed by Section 2a.1 of the Messages Tax
4Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
5the Public Utilities Revenue Act; Section 3 of the Water
6Company Invested Capital Tax Act; amounts collected by the
7Department of Revenue under the Telecommunications
8Infrastructure Maintenance Fee Act; and the additional
9personal property tax replacement income tax imposed by the
10Illinois Income Tax Act, as amended by Public Act 81-1st
11Special Session-1. Net replacement revenue shall be defined as
12the total amount paid into and remaining in the General Revenue
13Fund as a result of those Acts minus the amount outstanding and
14obligated from the General Revenue Fund in state vouchers or
15warrants prior to the effective date of this amendatory Act of
161980 as refunds to taxpayers for overpayment of liability under
17those Acts.
18    All interest earned by monies accumulated in the Personal
19Property Tax Replacement Fund shall be deposited in such Fund.
20All amounts allocated pursuant to this Section are appropriated
21on a continuing basis.
22    Prior to December 31, 1980, as soon as may be after the end
23of each quarter beginning with the quarter ending December 31,
241979, and on and after December 31, 1980, as soon as may be
25after January 1, March 1, April 1, May 1, July 1, August 1,
26October 1 and December 1 of each year, the Department of



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1Revenue shall allocate to each taxing district as defined in
2Section 1-150 of the Property Tax Code, in accordance with the
3provisions of paragraph (2) of this Section the portion of the
4funds held in the Personal Property Tax Replacement Fund which
5is required to be distributed, as provided in paragraph (1),
6for each quarter. Provided, however, under no circumstances
7shall any taxing district during each of the first two years of
8distribution of the taxes imposed by this amendatory Act of
91979 be entitled to an annual allocation which is less than the
10funds such taxing district collected from the 1978 personal
11property tax. Provided further that under no circumstances
12shall any taxing district during the third year of distribution
13of the taxes imposed by this amendatory Act of 1979 receive
14less than 60% of the funds such taxing district collected from
15the 1978 personal property tax. In the event that the total of
16the allocations made as above provided for all taxing
17districts, during either of such 3 years, exceeds the amount
18available for distribution the allocation of each taxing
19district shall be proportionately reduced. Except as provided
20in Section 13 of this Act, the Department shall then certify,
21pursuant to appropriation, such allocations to the State
22Comptroller who shall pay over to the several taxing districts
23the respective amounts allocated to them.
24    Any township which receives an allocation based in whole or
25in part upon personal property taxes which it levied pursuant
26to Section 6-507 or 6-512 of the Illinois Highway Code and



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1which was previously required to be paid over to a municipality
2shall immediately pay over to that municipality a proportionate
3share of the personal property replacement funds which such
4township receives.
5    Any municipality or township, other than a municipality
6with a population in excess of 500,000, which receives an
7allocation based in whole or in part on personal property taxes
8which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
9Illinois Local Library Act and which was previously required to
10be paid over to a public library shall immediately pay over to
11that library a proportionate share of the personal property tax
12replacement funds which such municipality or township
13receives; provided that if such a public library has converted
14to a library organized under The Illinois Public Library
15District Act, regardless of whether such conversion has
16occurred on, after or before January 1, 1988, such
17proportionate share shall be immediately paid over to the
18library district which maintains and operates the library.
19However, any library that has converted prior to January 1,
201988, and which hitherto has not received the personal property
21tax replacement funds, shall receive such funds commencing on
22January 1, 1988.
23    Any township which receives an allocation based in whole or
24in part on personal property taxes which it levied pursuant to
25Section 1c of the Public Graveyards Act and which taxes were
26previously required to be paid over to or used for such public



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1cemetery or cemeteries shall immediately pay over to or use for
2such public cemetery or cemeteries a proportionate share of the
3personal property tax replacement funds which the township
5    Any taxing district which receives an allocation based in
6whole or in part upon personal property taxes which it levied
7for another governmental body or school district in Cook County
8in 1976 or for another governmental body or school district in
9the remainder of the State in 1977 shall immediately pay over
10to that governmental body or school district the amount of
11personal property replacement funds which such governmental
12body or school district would receive directly under the
13provisions of paragraph (2) of this Section, had it levied its
14own taxes.
15        (1) The portion of the Personal Property Tax
16    Replacement Fund required to be distributed as of the time
17    allocation is required to be made shall be the amount
18    available in such Fund as of the time allocation is
19    required to be made.
20        The amount available for distribution shall be the
21    total amount in the fund at such time minus the necessary
22    administrative and other authorized expenses as limited by
23    the appropriation and the amount determined by: (a) $2.8
24    million for fiscal year 1981; (b) for fiscal year 1982,
25    .54% of the funds distributed from the fund during the
26    preceding fiscal year; (c) for fiscal year 1983 through



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1    fiscal year 1988, .54% of the funds distributed from the
2    fund during the preceding fiscal year less .02% of such
3    fund for fiscal year 1983 and less .02% of such funds for
4    each fiscal year thereafter; (d) for fiscal year 1989
5    through fiscal year 2011 no more than 105% of the actual
6    administrative expenses of the prior fiscal year; (e) for
7    fiscal year 2012 and beyond, a sufficient amount to pay (i)
8    stipends, additional compensation, salary reimbursements,
9    and other amounts directed to be paid out of this Fund for
10    local officials as authorized or required by statute and
11    (ii) no more than 105% of the actual administrative
12    expenses of the prior fiscal year, including payment of the
13    ordinary and contingent expenses of the Property Tax Appeal
14    Board and payment of the expenses of the Department of
15    Revenue incurred in administering the collection and
16    distribution of moneys paid into the Fund; or (f) for
17    fiscal years 2012 and 2013 only, a sufficient amount to pay
18    stipends, additional compensation, salary reimbursements,
19    and other amounts directed to be paid out of this Fund for
20    regional offices and officials as authorized or required by
21    statute. Such portion of the fund shall be determined after
22    the transfer into the General Revenue Fund due to refunds,
23    if any, paid from the General Revenue Fund during the
24    preceding quarter. If at any time, for any reason, there is
25    insufficient amount in the Personal Property Tax
26    Replacement Fund for payments for regional offices and



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1    officials or local officials or payment of costs of
2    administration or for transfers due to refunds at the end
3    of any particular month, the amount of such insufficiency
4    shall be carried over for the purposes of payments for
5    regional offices and officials, local officials, transfers
6    into the General Revenue Fund, and costs of administration
7    to the following month or months. Net replacement revenue
8    held, and defined above, shall be transferred by the
9    Treasurer and Comptroller to the Personal Property Tax
10    Replacement Fund within 10 days of such certification.
11        (2) Each quarterly allocation shall first be
12    apportioned in the following manner: 51.65% for taxing
13    districts in Cook County and 48.35% for taxing districts in
14    the remainder of the State.
15    The Personal Property Replacement Ratio of each taxing
16district outside Cook County shall be the ratio which the Tax
17Base of that taxing district bears to the Downstate Tax Base.
18The Tax Base of each taxing district outside of Cook County is
19the personal property tax collections for that taxing district
20for the 1977 tax year. The Downstate Tax Base is the personal
21property tax collections for all taxing districts in the State
22outside of Cook County for the 1977 tax year. The Department of
23Revenue shall have authority to review for accuracy and
24completeness the personal property tax collections for each
25taxing district outside Cook County for the 1977 tax year.
26    The Personal Property Replacement Ratio of each Cook County



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1taxing district shall be the ratio which the Tax Base of that
2taxing district bears to the Cook County Tax Base. The Tax Base
3of each Cook County taxing district is the personal property
4tax collections for that taxing district for the 1976 tax year.
5The Cook County Tax Base is the personal property tax
6collections for all taxing districts in Cook County for the
71976 tax year. The Department of Revenue shall have authority
8to review for accuracy and completeness the personal property
9tax collections for each taxing district within Cook County for
10the 1976 tax year.
11    For all purposes of this Section 12, amounts paid to a
12taxing district for such tax years as may be applicable by a
13foreign corporation under the provisions of Section 7-202 of
14the Public Utilities Act, as amended, shall be deemed to be
15personal property taxes collected by such taxing district for
16such tax years as may be applicable. The Director shall
17determine from the Illinois Commerce Commission, for any tax
18year as may be applicable, the amounts so paid by any such
19foreign corporation to any and all taxing districts. The
20Illinois Commerce Commission shall furnish such information to
21the Director. For all purposes of this Section 12, the Director
22shall deem such amounts to be collected personal property taxes
23of each such taxing district for the applicable tax year or
25    Taxing districts located both in Cook County and in one or
26more other counties shall receive both a Cook County allocation



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1and a Downstate allocation determined in the same way as all
2other taxing districts.
3    If any taxing district in existence on July 1, 1979 ceases
4to exist, or discontinues its operations, its Tax Base shall
5thereafter be deemed to be zero. If the powers, duties and
6obligations of the discontinued taxing district are assumed by
7another taxing district, the Tax Base of the discontinued
8taxing district shall be added to the Tax Base of the taxing
9district assuming such powers, duties and obligations.
10    If two or more taxing districts in existence on July 1,
111979, or a successor or successors thereto shall consolidate
12into one taxing district, the Tax Base of such consolidated
13taxing district shall be the sum of the Tax Bases of each of
14the taxing districts which have consolidated.
15    If a single taxing district in existence on July 1, 1979,
16or a successor or successors thereto shall be divided into two
17or more separate taxing districts, the tax base of the taxing
18district so divided shall be allocated to each of the resulting
19taxing districts in proportion to the then current equalized
20assessed value of each resulting taxing district.
21    If a portion of the territory of a taxing district is
22disconnected and annexed to another taxing district of the same
23type, the Tax Base of the taxing district from which
24disconnection was made shall be reduced in proportion to the
25then current equalized assessed value of the disconnected
26territory as compared with the then current equalized assessed



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1value within the entire territory of the taxing district prior
2to disconnection, and the amount of such reduction shall be
3added to the Tax Base of the taxing district to which
4annexation is made.
5    If a community college district is created after July 1,
61979, beginning on the effective date of this amendatory Act of
71995, its Tax Base shall be 3.5% of the sum of the personal
8property tax collected for the 1977 tax year within the
9territorial jurisdiction of the district.
10    The amounts allocated and paid to taxing districts pursuant
11to the provisions of this amendatory Act of 1979 shall be
12deemed to be substitute revenues for the revenues derived from
13taxes imposed on personal property pursuant to the provisions
14of the "Revenue Act of 1939" or "An Act for the assessment and
15taxation of private car line companies", approved July 22,
161943, as amended, or Section 414 of the Illinois Insurance
17Code, prior to the abolition of such taxes and shall be used
18for the same purposes as the revenues derived from ad valorem
19taxes on real estate.
20    Monies received by any taxing districts from the Personal
21Property Tax Replacement Fund shall be first applied toward
22payment of the proportionate amount of debt service which was
23previously levied and collected from extensions against
24personal property on bonds outstanding as of December 31, 1978
25and next applied toward payment of the proportionate share of
26the pension or retirement obligations of the taxing district



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1which were previously levied and collected from extensions
2against personal property. For each such outstanding bond
3issue, the County Clerk shall determine the percentage of the
4debt service which was collected from extensions against real
5estate in the taxing district for 1978 taxes payable in 1979,
6as related to the total amount of such levies and collections
7from extensions against both real and personal property. For
81979 and subsequent years' taxes, the County Clerk shall levy
9and extend taxes against the real estate of each taxing
10district which will yield the said percentage or percentages of
11the debt service on such outstanding bonds. The balance of the
12amount necessary to fully pay such debt service shall
13constitute a first and prior lien upon the monies received by
14each such taxing district through the Personal Property Tax
15Replacement Fund and shall be first applied or set aside for
16such purpose. In counties having fewer than 3,000,000
17inhabitants, the amendments to this paragraph as made by this
18amendatory Act of 1980 shall be first applicable to 1980 taxes
19to be collected in 1981.
20(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
2197-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
23    Section 25. The Illinois Pension Code is amended by
24changing Section 15-139 as follows:



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1    (40 ILCS 5/15-139)  (from Ch. 108 1/2, par. 15-139)
2    Sec. 15-139. Retirement annuities; cancellation; suspended
3during employment.
4    (a) If an annuitant returns to employment for an employer
5within 60 days after the beginning of the retirement annuity
6payment period, the retirement annuity shall be cancelled, and
7the annuitant shall refund to the System the total amount of
8the retirement annuity payments which he or she received. If
9the retirement annuity is cancelled, the participant shall
10continue to participate in the System.
11    (b) If an annuitant retires prior to age 60 and receives or
12becomes entitled to receive during any month compensation in
13excess of the monthly retirement annuity (including any
14automatic annual increases) for services performed after the
15date of retirement for any employer under this System, that
16portion of the monthly retirement annuity provided by employer
17contributions shall not be payable.
18    If an annuitant retires at age 60 or over and receives or
19becomes entitled to receive during any academic year
20compensation in excess of the difference between his or her
21highest annual earnings prior to retirement and his or her
22annual retirement annuity computed under Rule 1, Rule 2, Rule
233, or Rule 4 of Section 15-136, or under Section 15-136.4, for
24services performed after the date of retirement for any
25employer under this System, that portion of the monthly
26retirement annuity provided by employer contributions shall be



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1reduced by an amount equal to the compensation that exceeds
2such difference.
3    However, any remuneration received for serving as a member
4of the former Illinois Educational Labor Relations Board shall
5be excluded from "compensation" for the purposes of this
6subsection (b), and serving as a member of the former Illinois
7Educational Labor Relations Board shall not be deemed to be a
8return to employment for the purposes of this Section. This
9provision applies without regard to whether service was
10terminated prior to the effective date of this amendatory Act
11of 1991.
12    "Academic year", as used in this subsection (b), means the
1312-month period beginning September 1.
14    (c) If an employer certifies that an annuitant has been
15reemployed on a permanent and continuous basis or in a position
16in which the annuitant is expected to serve for at least 9
17months, the annuitant shall resume his or her status as a
18participating employee and shall be entitled to all rights
19applicable to participating employees upon filing with the
20board an election to forgo all annuity payments during the
21period of reemployment. Upon subsequent retirement, the
22retirement annuity shall consist of the annuity which was
23terminated by the reemployment, plus the additional retirement
24annuity based upon service granted during the period of
25reemployment, but the combined retirement annuity shall not
26exceed the maximum annuity applicable on the date of the last



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2    The total service and earnings credited before and after
3the initial date of retirement shall be considered in
4determining eligibility of the employee or the employee's
5beneficiary to benefits under this Article, and in calculating
6final rate of earnings.
7    In determining the death benefit payable to a beneficiary
8of an annuitant who again becomes a participating employee
9under this Section, accumulated normal and additional
10contributions shall be considered as the sum of the accumulated
11normal and additional contributions at the date of initial
12retirement and the accumulated normal and additional
13contributions credited after that date, less the sum of the
14annuity payments received by the annuitant.
15    The survivors insurance benefits provided under Section
1615-145 shall not be applicable to an annuitant who resumes his
17or her status as a participating employee, unless the
18annuitant, at the time of initial retirement, has a survivors
19insurance beneficiary who could qualify for such benefits or
20the annuitant repaid the survivors insurance contribution
21refund or additional annuity under subsection (c-5) of Section
23    If the participant's employment is terminated because of
24circumstances other than death before 9 months from the date of
25reemployment, the provisions of this Section regarding
26resumption of status as a participating employee shall not



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1apply. The normal and survivors insurance contributions which
2are deducted during this period shall be refunded to the
3annuitant without interest, and subsequent benefits under this
4Article shall be the same as those which were applicable prior
5to the date the annuitant resumed employment.
6    The amendments made to this Section by this amendatory Act
7of the 91st General Assembly apply without regard to whether
8the annuitant was in service on or after the effective date of
9this amendatory Act.
10(Source: P.A. 98-92, eff. 7-16-13; 98-596, eff. 11-19-13;
1199-682, eff. 7-29-16.)
12    Section 30. The Illinois Educational Labor Relations Act is
13amended by changing Sections 2, 8, 11, 12, and 13 and by adding
14Section 5.1 as follows:
15    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
16    Sec. 2. Definitions. As used in this Act:
17    (a) "Educational employer" or "employer" means the
18governing body of a public school district, including the
19governing body of a charter school established under Article
2027A of the School Code or of a contract school or contract
21turnaround school established under paragraph 30 of Section
2234-18 of the School Code, combination of public school
23districts, including the governing body of joint agreements of
24any type formed by 2 or more school districts, public community



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1college district or State college or university, a
2subcontractor of instructional services of a school district
3(other than a school district organized under Article 34 of the
4School Code), combination of school districts, charter school
5established under Article 27A of the School Code, or contract
6school or contract turnaround school established under
7paragraph 30 of Section 34-18 of the School Code, an
8Independent Authority created under Section 2-3.25f-5 of the
9School Code, and any State agency whose major function is
10providing educational services. "Educational employer" or
11"employer" does not include (1) a Financial Oversight Panel
12created pursuant to Section 1A-8 of the School Code due to a
13district violating a financial plan or (2) an approved
14nonpublic special education facility that contracts with a
15school district or combination of school districts to provide
16special education services pursuant to Section 14-7.02 of the
17School Code, but does include a School Finance Authority
18created under Article 1E or 1F of the School Code and a
19Financial Oversight Panel created under Article 1B or 1H of the
20School Code. The change made by this amendatory Act of the 96th
21General Assembly to this paragraph (a) to make clear that the
22governing body of a charter school is an "educational employer"
23is declaratory of existing law.
24    (b) "Educational employee" or "employee" means any
25individual, excluding supervisors, managerial, confidential,
26short term employees, student, and part-time academic



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1employees of community colleges employed full or part time by
2an educational employer, but shall not include elected
3officials and appointees of the Governor with the advice and
4consent of the Senate, firefighters as defined by subsection
5(g-1) of Section 3 of the Illinois Public Labor Relations Act,
6and peace officers employed by a State university. For the
7purposes of this Act, part-time academic employees of community
8colleges shall be defined as those employees who provide less
9than 3 credit hours of instruction per academic semester. In
10this subsection (b), the term "student" includes graduate
11students who are research assistants primarily performing
12duties that involve research or graduate assistants primarily
13performing duties that are pre-professional, but excludes
14graduate students who are teaching assistants primarily
15performing duties that involve the delivery and support of
16instruction and all other graduate assistants.
17    (c) "Employee organization" or "labor organization" means
18an organization of any kind in which membership includes
19educational employees, and which exists for the purpose, in
20whole or in part, of dealing with employers concerning
21grievances, employee-employer disputes, wages, rates of pay,
22hours of employment, or conditions of work, but shall not
23include any organization which practices discrimination in
24membership because of race, color, creed, age, gender, national
25origin or political affiliation.
26    (d) "Exclusive representative" means the labor



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1organization which has been designated by the Illinois
2Educational Labor Relations Board as the representative of the
3majority of educational employees in an appropriate unit, or
4recognized by an educational employer prior to January 1, 1984
5as the exclusive representative of the employees in an
6appropriate unit or, after January 1, 1984, recognized by an
7employer upon evidence that the employee organization has been
8designated as the exclusive representative by a majority of the
9employees in an appropriate unit.
10    (e) "Board" means the State Panel of the Illinois Public
11Educational Labor Relations Board.
12    (f) "Regional Superintendent" means the regional
13superintendent of schools provided for in Articles 3 and 3A of
14The School Code.
15    (g) "Supervisor" means any individual having authority in
16the interests of the employer to hire, transfer, suspend, lay
17off, recall, promote, discharge, reward or discipline other
18employees within the appropriate bargaining unit and adjust
19their grievances, or to effectively recommend such action if
20the exercise of such authority is not of a merely routine or
21clerical nature but requires the use of independent judgment.
22The term "supervisor" includes only those individuals who
23devote a preponderance of their employment time to such
24exercising authority.
25    (h) "Unfair labor practice" or "unfair practice" means any
26practice prohibited by Section 14 of this Act.



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1    (i) "Person" includes an individual, educational employee,
2educational employer, legal representative, or employee
4    (j) "Wages" means salaries or other forms of compensation
5for services rendered.
6    (k) "Professional employee" means, in the case of a public
7community college, State college or university, State agency
8whose major function is providing educational services, the
9Illinois School for the Deaf, and the Illinois School for the
10Visually Impaired, (1) any employee engaged in work (i)
11predominantly intellectual and varied in character as opposed
12to routine mental, manual, mechanical, or physical work; (ii)
13involving the consistent exercise of discretion and judgment in
14its performance; (iii) of such character that the output
15produced or the result accomplished cannot be standardized in
16relation to a given period of time; and (iv) requiring
17knowledge of an advanced type in a field of science or learning
18customarily acquired by a prolonged course of specialized
19intellectual instruction and study in an institution of higher
20learning or a hospital, as distinguished from a general
21academic education or from an apprenticeship or from training
22in the performance of routine mental, manual, or physical
23processes; or (2) any employee, who (i) has completed the
24courses of specialized intellectual instruction and study
25described in clause (iv) of paragraph (1) of this subsection,
26and (ii) is performing related work under the supervision of a



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1professional person to qualify himself or herself to become a
2professional as defined in paragraph (l).
3    (l) "Professional employee" means, in the case of any
4public school district, or combination of school districts
5pursuant to joint agreement, any employee who has a certificate
6issued under Article 21 or Section 34-83 of the School Code, as
7now or hereafter amended.
8    (m) "Unit" or "bargaining unit" means any group of
9employees for which an exclusive representative is selected.
10    (n) "Confidential employee" means an employee, who (i) in
11the regular course of his or her duties, assists and acts in a
12confidential capacity to persons who formulate, determine and
13effectuate management policies with regard to labor relations
14or who (ii) in the regular course of his or her duties has
15access to information relating to the effectuation or review of
16the employer's collective bargaining policies.
17    (o) "Managerial employee" means an individual who is
18engaged predominantly in executive and management functions
19and is charged with the responsibility of directing the
20effectuation of such management policies and practices.
21    (p) "Craft employee" means a skilled journeyman, craft
22person, and his or her apprentice or helper.
23    (q) "Short-term employee" is an employee who is employed
24for less than 2 consecutive calendar quarters during a calendar
25year and who does not have a reasonable expectation that he or
26she will be rehired by the same employer for the same service



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1in a subsequent calendar year. Nothing in this subsection shall
2affect the employee status of individuals who were covered by a
3collective bargaining agreement on the effective date of this
4amendatory Act of 1991.
5(Source: P.A. 97-429, eff. 8-16-11; 98-1155, eff. 1-9-15.)
6    (115 ILCS 5/5.1 new)
7    Sec. 5.1. Illinois Educational Labor Relations Board
8abolished. The Illinois Educational Labor Relations Board is
9abolished and the terms of all members are ended on the
10effective date of this amendatory Act of the 100th General
11Assembly. All powers and duties of the former Illinois
12Educational Labor Relations Board under this Act shall be
13exercised and performed by the State Panel of the Illinois
14Public Labor Relations Board on and after the effective date of
15this amendatory Act of the 100th General Assembly.
16    (115 ILCS 5/8)  (from Ch. 48, par. 1708)
17    Sec. 8. Election - certification. Elections shall be by
18secret ballot, and conducted in accordance with rules and
19regulations established by the Illinois Educational Labor
20Relations Board. An incumbent exclusive bargaining
21representative shall automatically be placed on any ballot with
22the petitioner's labor organization. An intervening labor
23organization may be placed on the ballot when supported by 15%
24or more of the employees in the bargaining unit. The Board



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1shall give at least 30 days notice of the time and place of the
2election to the parties and, upon request, shall provide the
3parties with a list of names and addresses of persons eligible
4to vote in the election at least 15 days before the election.
5The ballot must include, as one of the alternatives, the choice
6of "no representative". No mail ballots are permitted except
7where a specific individual would otherwise be unable to cast a
9    The labor organization receiving a majority of the ballots
10cast shall be certified by the Board as the exclusive
11bargaining representative. If the choice of "no
12representative" receives a majority, the employer shall not
13recognize any exclusive bargaining representative for at least
1412 months. If none of the choices on the ballot receives a
15majority, a run-off shall be conducted between the 2 choices
16receiving the largest number of valid votes cast in the
17election. The Board shall certify the results of the election
18within 6 working days after the final tally of votes unless a
19charge is filed by a party alleging that improper conduct
20occurred which affected the outcome of the election. The Board
21shall promptly investigate the allegations, and if it finds
22probable cause that improper conduct occurred and could have
23affected the outcome of the election, it shall set a hearing on
24the matter on a date falling within 2 weeks of when it received
25the charge. If it determines, after hearing, that the outcome
26of the election was affected by improper conduct, it shall



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1order a new election and shall order corrective action which it
2considers necessary to insure the fairness of the new election.
3If it determines upon investigation or after hearing that the
4alleged improper conduct did not take place or that it did not
5affect the results of the election, it shall immediately
6certify the election results.
7    Any labor organization that is the exclusive bargaining
8representative in an appropriate unit on the effective date of
9this Act shall continue as such until a new one is selected
10under this Act.
11(Source: P.A. 92-206, eff. 1-1-02.)
12    (115 ILCS 5/11)  (from Ch. 48, par. 1711)
13    Sec. 11. Non-member fair share payments. When a collective
14bargaining agreement is entered into with an exclusive
15representative, it may include a provision requiring employees
16covered by the agreement who are not members of the
17organization to pay to the organization a fair share fee for
18services rendered. The exclusive representative shall certify
19to the employer an amount not to exceed the dues uniformly
20required of members which shall constitute each non member
21employee's fair share fee. The fair share fee payment shall be
22deducted by the employer from the earnings of the non member
23employees and paid to the exclusive representative.
24    The amount certified by the exclusive representative shall
25not include any fees for contributions related to the election



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1or support of any candidate for political office. Nothing in
2this Section shall preclude the non member employee from making
3voluntary political contributions in conjunction with his or
4her fair share payment.
5    If a collective bargaining agreement that includes a fair
6share clause expires or continues in effect beyond its
7scheduled expiration date pending the negotiation of a
8successor agreement, then the employer shall continue to honor
9and abide by the fair share clause until a new agreement that
10includes a fair share clause is reached. Failure to honor and
11abide by the fair share clause for the benefit of any exclusive
12representative as set forth in this paragraph shall be a
13violation of the duty to bargain and an unfair labor practice.
14    Agreements containing a fair share agreement must
15safeguard the right of non-association of employees based upon
16bonafide religious tenets or teaching of a church or religious
17body of which such employees are members. Such employees may be
18required to pay an amount equal to their proportionate share,
19determined under a proportionate share agreement, to a
20non-religious charitable organization mutually agreed upon by
21the employees affected and the exclusive representative to
22which such employees would otherwise pay such fee. If the
23affected employees and the exclusive representative are unable
24to reach an agreement on the matter, the Illinois Educational
25Labor Relations Board may establish an approved list of
26charitable organizations to which such payments may be made.



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1    The Board shall by rule require that in cases where an
2employee files an objection to the amount of the fair share
3fee, the employer shall continue to deduct the employee's fair
4share fee from the employee's pay, but shall transmit the fee,
5or some portion thereof, to the Board for deposit in an escrow
6account maintained by the Board; provided, however, that if the
7exclusive representative maintains an escrow account for the
8purpose of holding fair share fees to which an employee has
9objected, the employer shall transmit the entire fair share fee
10to the exclusive representative, and the exclusive
11representative shall hold in escrow that portion of the fee
12that the employer would otherwise have been required to
13transmit to the Board for escrow, provided that the escrow
14account maintained by the exclusive representative complies
15with rules to be promulgated by the Board within 30 days of the
16effective date of this amendatory Act of 1989 or that the
17collective bargaining agreement requiring the payment of the
18fair share fee contains an indemnification provision for the
19purpose of indemnifying the employer with respect to the
20employer's transmission of fair share fees to the exclusive
22(Source: P.A. 94-210, eff. 7-14-05.)
23    (115 ILCS 5/12)  (from Ch. 48, par. 1712)
24    Sec. 12. Impasse procedures.
25    (a) This subsection (a) applies only to collective



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1bargaining between an educational employer that is not a public
2school district organized under Article 34 of the School Code
3and an exclusive representative of its employees. If the
4parties engaged in collective bargaining have not reached an
5agreement by 90 days before the scheduled start of the
6forthcoming school year, the parties shall notify the Illinois
7Educational Labor Relations Board concerning the status of
8negotiations. This notice shall include a statement on whether
9mediation has been used.
10    Upon demand of either party, collective bargaining between
11the employer and an exclusive bargaining representative must
12begin within 60 days of the date of certification of the
13representative by the Board, or in the case of an existing
14exclusive bargaining representative, within 60 days of the
15receipt by a party of a demand to bargain issued by the other
16party. Once commenced, collective bargaining must continue for
17at least a 60 day period, unless a contract is entered into.
18    Except as otherwise provided in subsection (b) of this
19Section, if after a reasonable period of negotiation and within
2090 days of the scheduled start of the forth-coming school year,
21the parties engaged in collective bargaining have reached an
22impasse, either party may petition the Board to initiate
23mediation. Alternatively, the Board on its own motion may
24initiate mediation during this period. However, mediation
25shall be initiated by the Board at any time when jointly
26requested by the parties and the services of the mediators



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1shall continuously be made available to the employer and to the
2exclusive bargaining representative for purposes of
3arbitration of grievances and mediation or arbitration of
4contract disputes. If requested by the parties, the mediator
5may perform fact-finding and in so doing conduct hearings and
6make written findings and recommendations for resolution of the
7dispute. Such mediation shall be provided by the Board and
8shall be held before qualified impartial individuals. Nothing
9prohibits the use of other individuals or organizations such as
10the Federal Mediation and Conciliation Service or the American
11Arbitration Association selected by both the exclusive
12bargaining representative and the employer.
13    If the parties engaged in collective bargaining fail to
14reach an agreement within 45 days of the scheduled start of the
15forthcoming school year and have not requested mediation, the
16Illinois Educational Labor Relations Board shall invoke
18    Whenever mediation is initiated or invoked under this
19subsection (a), the parties may stipulate to defer selection of
20a mediator in accordance with rules adopted by the Board.
21    (a-5) This subsection (a-5) applies only to collective
22bargaining between a public school district or a combination of
23public school districts, including, but not limited to, joint
24cooperatives, that is not organized under Article 34 of the
25School Code and an exclusive representative of its employees.
26        (1) Any time 15 days after mediation has commenced,



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1    either party may initiate the public posting process. The
2    mediator may initiate the public posting process at any
3    time 15 days after mediation has commenced during the
4    mediation process. Initiation of the public posting
5    process must be filed in writing with the Board, and copies
6    must be submitted to the parties on the same day the
7    initiation is filed with the Board.
8        (2) Within 7 days after the initiation of the public
9    posting process, each party shall submit to the mediator,
10    the Board, and the other party in writing the most recent
11    offer of the party, including a cost summary of the offer.
12    Seven days after receipt of the parties' offers, the Board
13    shall make public the offers and each party's cost summary
14    dealing with those issues on which the parties have failed
15    to reach agreement by immediately posting the offers on its
16    Internet website, unless otherwise notified by the
17    mediator or jointly by the parties that agreement has been
18    reached. On the same day of publication by the Board, at a
19    minimum, the school district shall distribute notice of the
20    availability of the offers on the Board's Internet website
21    to all news media that have filed an annual request for
22    notices from the school district pursuant to Section 2.02
23    of the Open Meetings Act. The parties' offers shall remain
24    on the Board's Internet website until the parties have
25    reached and ratified an agreement.
26    (a-10) This subsection (a-10) applies only to collective



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1bargaining between a public school district organized under
2Article 34 of the School Code and an exclusive representative
3of its employees.
4        (1) For collective bargaining agreements between an
5    educational employer to which this subsection (a-10)
6    applies and an exclusive representative of its employees,
7    if the parties fail to reach an agreement after a
8    reasonable period of mediation, the dispute shall be
9    submitted to fact-finding in accordance with this
10    subsection (a-10). Either the educational employer or the
11    exclusive representative may initiate fact-finding by
12    submitting a written demand to the other party with a copy
13    of the demand submitted simultaneously to the Board.
14        (2) Within 3 days following a party's demand for
15    fact-finding, each party shall appoint one member of the
16    fact-finding panel, unless the parties agree to proceed
17    without a tri-partite panel. Following these appointments,
18    if any, the parties shall select a qualified impartial
19    individual to serve as the fact-finder and chairperson of
20    the fact-finding panel, if applicable. An individual shall
21    be considered qualified to serve as the fact-finder and
22    chairperson of the fact-finding panel, if applicable, if he
23    or she was not the same individual who was appointed as the
24    mediator and if he or she satisfies the following
25    requirements: membership in good standing with the
26    National Academy of Arbitrators, Federal Mediation and



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1    Conciliation Service, or American Arbitration Association
2    for a minimum of 10 years; membership on the mediation
3    roster for the Illinois Labor Relations Board or Illinois
4    Educational Labor Relations Board; issuance of at least 5
5    interest arbitration awards arising under the Illinois
6    Public Labor Relations Act; and participation in impasse
7    resolution processes arising under private or public
8    sector collective bargaining statutes in other states. If
9    the parties are unable to agree on a fact-finder, the
10    parties shall request a panel of fact-finders who satisfy
11    the requirements set forth in this paragraph (2) from
12    either the Federal Mediation and Conciliation Service or
13    the American Arbitration Association and shall select a
14    fact-finder from such panel in accordance with the
15    procedures established by the organization providing the
16    panel.
17        (3) The fact-finder shall have the following duties and
18    powers:
19            (A) to require the parties to submit a statement of
20        disputed issues and their positions regarding each
21        issue either jointly or separately;
22            (B) to identify disputed issues that are economic
23        in nature;
24            (C) to meet with the parties either separately or
25        in executive sessions;
26            (D) to conduct hearings and regulate the time,



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1        place, course, and manner of the hearings;
2            (E) to request the Board to issue subpoenas
3        requiring the attendance and testimony of witnesses or
4        the production of evidence;
5            (F) to administer oaths and affirmations;
6            (G) to examine witnesses and documents;
7            (H) to create a full and complete written record of
8        the hearings;
9            (I) to attempt mediation or remand a disputed issue
10        to the parties for further collective bargaining;
11            (J) to require the parties to submit final offers
12        for each disputed issue either individually or as a
13        package or as a combination of both; and
14            (K) to employ any other measures deemed
15        appropriate to resolve the impasse.
16        (4) If the dispute is not settled within 75 days after
17    the appointment of the fact-finding panel, the
18    fact-finding panel shall issue a private report to the
19    parties that contains advisory findings of fact and
20    recommended terms of settlement for all disputed issues and
21    that sets forth a rationale for each recommendation. The
22    fact-finding panel, acting by a majority of its members,
23    shall base its findings and recommendations upon the
24    following criteria as applicable:
25            (A) the lawful authority of the employer;
26            (B) the federal and State statutes or local



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1        ordinances and resolutions applicable to the employer;
2            (C) prior collective bargaining agreements and the
3        bargaining history between the parties;
4            (D) stipulations of the parties;
5            (E) the interests and welfare of the public and the
6        students and families served by the employer;
7            (F) the employer's financial ability to fund the
8        proposals based on existing available resources,
9        provided that such ability is not predicated on an
10        assumption that lines of credit or reserve funds are
11        available or that the employer may or will receive or
12        develop new sources of revenue or increase existing
13        sources of revenue;
14            (G) the impact of any economic adjustments on the
15        employer's ability to pursue its educational mission;
16            (H) the present and future general economic
17        conditions in the locality and State;
18            (I) a comparison of the wages, hours, and
19        conditions of employment of the employees involved in
20        the dispute with the wages, hours, and conditions of
21        employment of employees performing similar services in
22        public education in the 10 largest U.S. cities;
23            (J) the average consumer prices in urban areas for
24        goods and services, which is commonly known as the cost
25        of living;
26            (K) the overall compensation presently received by



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1        the employees involved in the dispute, including
2        direct wage compensation; vacations, holidays, and
3        other excused time; insurance and pensions; medical
4        and hospitalization benefits; the continuity and
5        stability of employment and all other benefits
6        received; and how each party's proposed compensation
7        structure supports the educational goals of the
8        district;
9            (L) changes in any of the circumstances listed in
10        items (A) through (K) of this paragraph (4) during the
11        fact-finding proceedings;
12            (M) the effect that any term the parties are at
13        impasse on has or may have on the overall educational
14        environment, learning conditions, and working
15        conditions with the school district; and
16            (N) the effect that any term the parties are at
17        impasse on has or may have in promoting the public
18        policy of this State.
19        (5) The fact-finding panel's recommended terms of
20    settlement shall be deemed agreed upon by the parties as
21    the final resolution of the disputed issues and
22    incorporated into the collective bargaining agreement
23    executed by the parties, unless either party tenders to the
24    other party and the chairperson of the fact-finding panel a
25    notice of rejection of the recommended terms of settlement
26    with a rationale for the rejection, within 15 days after



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1    the date of issuance of the fact-finding panel's report. If
2    either party submits a notice of rejection, the chairperson
3    of the fact-finding panel shall publish the fact-finding
4    panel's report and the notice of rejection for public
5    information by delivering a copy to all newspapers of
6    general circulation in the community with simultaneous
7    written notice to the parties.
8    (b) If, after a period of bargaining of at least 60 days, a
9dispute or impasse exists between an educational employer whose
10territorial boundaries are coterminous with those of a city
11having a population in excess of 500,000 and the exclusive
12bargaining representative over a subject or matter set forth in
13Section 4.5 of this Act, the parties shall submit the dispute
14or impasse to the dispute resolution procedure agreed to
15between the parties. The procedure shall provide for mediation
16of disputes by a rotating mediation panel and may, at the
17request of either party, include the issuance of advisory
18findings of fact and recommendations.
19    (c) The costs of fact finding and mediation shall be shared
20equally between the employer and the exclusive bargaining
21agent, provided that, for purposes of mediation under this Act,
22if either party requests the use of mediation services from the
23Federal Mediation and Conciliation Service, the other party
24shall either join in such request or bear the additional cost
25of mediation services from another source. All other costs and
26expenses of complying with this Section must be borne by the



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1party incurring them.
2    (c-5) If an educational employer or exclusive bargaining
3representative refuses to participate in mediation or fact
4finding when required by this Section, the refusal shall be
5deemed a refusal to bargain in good faith.
6    (d) Nothing in this Act prevents an employer and an
7exclusive bargaining representative from mutually submitting
8to final and binding impartial arbitration unresolved issues
9concerning the terms of a new collective bargaining agreement.
10(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
11eff. 1-1-14.)
12    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
13    Sec. 13. Strikes.
14    (a) Notwithstanding the existence of any other provision in
15this Act or other law, educational employees employed in school
16districts organized under Article 34 of the School Code shall
17not engage in a strike at any time during the 18 month period
18that commences on the effective date of this amendatory Act of
191995. An educational employee employed in a school district
20organized under Article 34 of the School Code who participates
21in a strike in violation of this Section is subject to
22discipline by the employer. In addition, no educational
23employer organized under Article 34 of the School Code may pay
24or cause to be paid to an educational employee who participates
25in a strike in violation of this subsection any wages or other



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1compensation for any period during which an educational
2employee participates in the strike, except for wages or
3compensation earned before participation in the strike.
4Notwithstanding the existence of any other provision in this
5Act or other law, during the 18-month period that strikes are
6prohibited under this subsection nothing in this subsection
7shall be construed to require an educational employer to submit
8to a binding dispute resolution process.
9    (b) Notwithstanding the existence of any other provision in
10this Act or any other law, educational employees other than
11those employed in a school district organized under Article 34
12of the School Code and, after the expiration of the 18 month
13period that commences on the effective date of this amendatory
14Act of 1995, educational employees in a school district
15organized under Article 34 of the School Code shall not engage
16in a strike except under the following conditions:
17        (1) they are represented by an exclusive bargaining
18    representative;
19        (2) mediation has been used without success and, for
20    educational employers and exclusive bargaining
21    representatives to which subsection (a-5) of Section 12 of
22    this Act applies, at least 14 days have elapsed after the
23    Board has made public the parties' offers;
24        (2.5) if fact-finding was invoked pursuant to
25    subsection (a-10) of Section 12 of this Act, at least 30
26    days have elapsed after a fact-finding report has been



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1    released for public information;
2        (2.10) for educational employees employed in a school
3    district organized under Article 34 of the School Code, at
4    least three-fourths of all bargaining unit employees who
5    are members of the exclusive bargaining representative
6    have affirmatively voted to authorize the strike;
7    provided, however, that all members of the exclusive
8    bargaining representative at the time of a strike
9    authorization vote shall be eligible to vote;
10        (3) at least 10 days have elapsed after a notice of
11    intent to strike has been given by the exclusive bargaining
12    representative to the educational employer, the regional
13    superintendent and the Illinois Educational Labor
14    Relations Board;
15        (4) the collective bargaining agreement between the
16    educational employer and educational employees, if any,
17    has expired or been terminated; and
18        (5) the employer and the exclusive bargaining
19    representative have not mutually submitted the unresolved
20    issues to arbitration.
21    If, however, in the opinion of an employer the strike is or
22has become a clear and present danger to the health or safety
23of the public, the employer may initiate in the circuit court
24of the county in which such danger exists an action for relief
25which may include, but is not limited to, injunction. The court
26may grant appropriate relief upon the finding that such clear



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1and present danger exists. An unfair practice or other evidence
2of lack of clean hands by the educational employer is a defense
3to such action. Except as provided for in this paragraph, the
4jurisdiction of the court under this Section is limited by the
5Labor Dispute Act.
6(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513,
7eff. 1-1-14.)
8    (115 ILCS 5/5 rep.)
9    Section 35. The Illinois Educational Labor Relations Act is
10amended by repealing Section 5.
11    Section 40. The Attorney Act is amended by changing Section
121 as follows:
13    (705 ILCS 205/1)  (from Ch. 13, par. 1)
14    Sec. 1. No person shall be permitted to practice as an
15attorney or counselor at law within this State without having
16previously obtained a license for that purpose from the Supreme
17Court of this State.
18    No person shall receive any compensation directly or
19indirectly for any legal services other than a regularly
20licensed attorney, nor may an unlicensed person advertise or
21hold himself or herself out to provide legal services.
22    A license, as provided for herein, constitutes the person
23receiving the same an attorney and counselor at law, according



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1to the law and customs thereof, for and during his good
2behavior in the practice and authorizes him to demand and
3receive fees for any services which he may render as an
4attorney and counselor at law in this State. No person shall be
5granted a license or renewal authorized by this Act who has
6defaulted on an educational loan guaranteed by the Illinois
7Student Assistance Commission; however, a license or renewal
8may be issued to the aforementioned persons who have
9established a satisfactory repayment record as determined by
10the Illinois Student Assistance Commission. No person shall be
11granted a license or renewal authorized by this Act who is more
12than 30 days delinquent in complying with a child support
13order; a license or renewal may be issued, however, if the
14person has established a satisfactory repayment record as
15determined (i) by the Department of Healthcare and Family
16Services (formerly Illinois Department of Public Aid) for cases
17being enforced under Article X of the Illinois Public Aid Code
18or (ii) in all other cases by order of court or by written
19agreement between the custodial parent and non-custodial
20parent. No person shall be refused a license under this Act on
21account of sex.
22    Any person practicing, charging or receiving fees for legal
23services or advertising or holding himself or herself out to
24provide legal services within this State, either directly or
25indirectly, without being licensed to practice as herein
26required, is guilty of contempt of court and shall be punished



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1accordingly, upon complaint being filed in any Circuit Court of
2this State. The remedies available include, but are not limited
3to: (i) appropriate equitable relief; (ii) a civil penalty not
4to exceed $5,000, which shall be paid to the Illinois Equal
5Justice Foundation; and (iii) actual damages. Such proceedings
6shall be conducted in the Courts of the respective counties
7where the alleged contempt has been committed in the same
8manner as in cases of indirect contempt and with the right of
9review by the parties thereto.
10    The provisions of this Act shall be in addition to other
11remedies permitted by law and shall not be construed to deprive
12courts of this State of their inherent right to punish for
13contempt or to restrain the unauthorized practice of law.
14    Nothing in this Act shall be construed to conflict with,
15amend, or modify Section 5 of the Corporation Practice of Law
16Prohibition Act or prohibit representation of a party by a
17person who is not an attorney in a proceeding before either
18panel of the Illinois Labor Relations Board under the Illinois
19Public Labor Relations Act, as now or hereafter amended, the
20Illinois Educational Labor Relations Board under the Illinois
21Educational Labor Relations Act, as now or hereafter amended,
22the State Civil Service Commission, the local Civil Service
23Commissions, or the University Civil Service Merit Board, to
24the extent allowed pursuant to rules and regulations
25promulgated by those Boards and Commissions or the giving of
26information, training, or advocacy or assistance in any



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1meetings or administrative proceedings held pursuant to the
2federal Individuals with Disabilities Education Act, the
3federal Rehabilitation Act of 1973, the federal Americans with
4Disabilities Act of 1990, or the federal Social Security Act,
5to the extent allowed by those laws or the federal regulations
6or State statutes implementing those laws.
7(Source: P.A. 94-659, eff. 1-1-06; 95-331, eff. 8-21-07;
895-410, eff. 8-24-07.)
9    Section 45. The Code of Civil Procedure is amended by
10changing Sections 2-417 and 3-104 as follows:
11    (735 ILCS 5/2-417)  (from Ch. 110, par. 2-417)
12    Sec. 2-417. Actions under Illinois Educational Labor
13Relations Act. Whenever the State Panel of the Illinois
14Educational Labor Relations Board commences an action under
15subsection (b) of Section 16 of the Illinois Educational Labor
16Relations Act seeking to enforce a final order of the Board or
17alleging a violation of a final order, such action shall be
18commenced by petition filed in the name of the people of the
19State of Illinois as Petitioner and any persons charged with
20alleged violation of such final order shall be designated
21Respondents. Persons charged with alleged violation of such
22final order may not raise as defenses in such action any
23matters that such persons could have raised by initiating
24judicial review of such final order in accordance with



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1subsection (a) of Section 16 of the Illinois Educational Labor
2Relations Act and Section 3-104 of the Administrative Review
4(Source: P.A. 84-123.)
5    (735 ILCS 5/3-104)  (from Ch. 110, par. 3-104)
6    Sec. 3-104. Jurisdiction and venue. Jurisdiction to review
7final administrative decisions is vested in the Circuit Courts,
8except as to a final order of the State Panel of the Illinois
9Educational Labor Relations Board in which case jurisdiction to
10review a final order is vested in the Appellate Court of a
11judicial district in which the Board maintains an office. If
12the venue of the action to review a final administrative
13decision is expressly prescribed in the particular statute
14under authority of which the decision was made, such venue
15shall control, but if the venue is not so prescribed, an action
16to review a final administrative decision may be commenced in
17the Circuit Court of any county in which (1) any part of the
18hearing or proceeding culminating in the decision of the
19administrative agency was held, or (2) any part of the subject
20matter involved is situated, or (3) any part of the transaction
21which gave rise to the proceedings before the agency occurred.
22The court first acquiring jurisdiction of any action to review
23a final administrative decision shall have and retain
24jurisdiction of the action until final disposition of the



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1(Source: P.A. 88-1.)".