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Full Text of HB6266  99th General Assembly

HB6266 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6266

 

Introduced 2/11/2016, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/4  from Ch. 48, par. 1604
5 ILCS 315/15  from Ch. 48, par. 1615
50 ILCS 205/25 new
820 ILCS 40/8  from Ch. 48, par. 2008

    Amends the Illinois Public Labor Relations Act. Provides that matters of inherent managerial policy over which employers are not required to bargain include the deletion or destruction of employee disciplinary reports, letters of reprimand, or other records of disciplinary action. Provides that nothing in the Act shall be construed to take precedence over the Personnel Record Review Act with regard to deletion or destruction of disciplinary reports, letters of reprimand, or other records of disciplinary action of peace officers. Amends the Local Records Act. Provides that all records related to complaints, investigations, and adjudications of police misconduct shall be permanently retained and may not be destroyed. Amends the Personnel Record Review Act. Provides that an employer shall not delete or destroy peace officer disciplinary reports, letters of reprimand, or other records of disciplinary action. Effective immediately.


LRB099 19113 RJF 43502 b

 

 

A BILL FOR

 

HB6266LRB099 19113 RJF 43502 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 4 and 15 as follows:
 
6    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
7    (Text of Section WITH the changes made by P.A. 98-599,
8which has been held unconstitutional)
9    Sec. 4. Management Rights. Employers shall not be required
10to bargain over matters of inherent managerial policy, which
11shall include such areas of discretion or policy as the
12functions of the employer, standards of services, its overall
13budget, the organizational structure and selection of new
14employees, examination techniques and direction of employees.
15Employers, however, shall be required to bargain collectively
16with regard to policy matters directly affecting wages, hours
17and terms and conditions of employment as well as the impact
18thereon upon request by employee representatives, except as
19provided in Section 7.5.
20    To preserve the rights of employers and exclusive
21representatives which have established collective bargaining
22relationships or negotiated collective bargaining agreements
23prior to the effective date of this Act, employers shall be

 

 

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1required to bargain collectively with regard to any matter
2concerning wages, hours or conditions of employment about which
3they have bargained for and agreed to in a collective
4bargaining agreement prior to the effective date of this Act,
5except as provided in Section 7.5.
6    The chief judge of the judicial circuit that employs a
7public employee who is a court reporter, as defined in the
8Court Reporters Act, has the authority to hire, appoint,
9promote, evaluate, discipline, and discharge court reporters
10within that judicial circuit.
11    Nothing in this amendatory Act of the 94th General Assembly
12shall be construed to intrude upon the judicial functions of
13any court. This amendatory Act of the 94th General Assembly
14applies only to nonjudicial administrative matters relating to
15the collective bargaining rights of court reporters.
16(Source: P.A. 98-599, eff. 6-1-14.)
 
17    (Text of Section WITHOUT the changes made by P.A. 98-599,
18which has been held unconstitutional)
19    Sec. 4. Management Rights. Employers shall not be required
20to bargain over matters of inherent managerial policy, which
21shall include such areas of discretion or policy as the
22functions of the employer, standards of services, its overall
23budget, the organizational structure and selection of new
24employees, examination techniques, and direction of employees,
25and deletion or destruction of employee disciplinary reports,

 

 

HB6266- 3 -LRB099 19113 RJF 43502 b

1letters of reprimand, or other records of disciplinary action.
2Employers, however, shall be required to bargain collectively
3with regard to policy matters directly affecting wages, hours
4and terms and conditions of employment as well as the impact
5thereon upon request by employee representatives.
6    To preserve the rights of employers and exclusive
7representatives which have established collective bargaining
8relationships or negotiated collective bargaining agreements
9prior to the effective date of this Act, employers shall be
10required to bargain collectively with regard to any matter
11concerning wages, hours or conditions of employment about which
12they have bargained for and agreed to in a collective
13bargaining agreement prior to the effective date of this Act.
14    The chief judge of the judicial circuit that employs a
15public employee who is a court reporter, as defined in the
16Court Reporters Act, has the authority to hire, appoint,
17promote, evaluate, discipline, and discharge court reporters
18within that judicial circuit.
19    Nothing in this amendatory Act of the 94th General Assembly
20shall be construed to intrude upon the judicial functions of
21any court. This amendatory Act of the 94th General Assembly
22applies only to nonjudicial administrative matters relating to
23the collective bargaining rights of court reporters.
24(Source: P.A. 94-98, eff. 7-1-05.)
 
25    (5 ILCS 315/15)  (from Ch. 48, par. 1615)

 

 

HB6266- 4 -LRB099 19113 RJF 43502 b

1    (Text of Section WITH the changes made by P.A. 98-599,
2which has been held unconstitutional)
3    Sec. 15. Act Takes Precedence.
4    (a) In case of any conflict between the provisions of this
5Act and any other law (other than Section 5 of the State
6Employees Group Insurance Act of 1971 and other than the
7changes made to the Illinois Pension Code by Public Act 96-889
8and other than as provided in Section 7.5), executive order or
9administrative regulation relating to wages, hours and
10conditions of employment and employment relations, the
11provisions of this Act or any collective bargaining agreement
12negotiated thereunder shall prevail and control. Nothing in
13this Act shall be construed to replace or diminish the rights
14of employees established by Sections 28 and 28a of the
15Metropolitan Transit Authority Act, Sections 2.15 through 2.19
16of the Regional Transportation Authority Act. The provisions of
17this Act are subject to Section 7.5 of this Act and Section 5
18of the State Employees Group Insurance Act of 1971. Nothing in
19this Act shall be construed to replace the necessity of
20complaints against a sworn peace officer, as defined in Section
212(a) of the Uniform Peace Officer Disciplinary Act, from having
22a complaint supported by a sworn affidavit.
23    (b) Except as provided in subsection (a) above, any
24collective bargaining contract between a public employer and a
25labor organization executed pursuant to this Act shall
26supersede any contrary statutes, charters, ordinances, rules

 

 

HB6266- 5 -LRB099 19113 RJF 43502 b

1or regulations relating to wages, hours and conditions of
2employment and employment relations adopted by the public
3employer or its agents. Any collective bargaining agreement
4entered into prior to the effective date of this Act shall
5remain in full force during its duration.
6    (c) It is the public policy of this State, pursuant to
7paragraphs (h) and (i) of Section 6 of Article VII of the
8Illinois Constitution, that the provisions of this Act are the
9exclusive exercise by the State of powers and functions which
10might otherwise be exercised by home rule units. Such powers
11and functions may not be exercised concurrently, either
12directly or indirectly, by any unit of local government,
13including any home rule unit, except as otherwise authorized by
14this Act.
15(Source: P.A. 98-599, eff. 6-1-14.)
 
16    (Text of Section WITHOUT the changes made by P.A. 98-599,
17which has been held unconstitutional)
18    Sec. 15. Act Takes Precedence.
19    (a) In case of any conflict between the provisions of this
20Act and any other law (other than Section 5 of the State
21Employees Group Insurance Act of 1971 and other than the
22changes made to the Illinois Pension Code by this amendatory
23Act of the 96th General Assembly), executive order or
24administrative regulation relating to wages, hours and
25conditions of employment and employment relations, the

 

 

HB6266- 6 -LRB099 19113 RJF 43502 b

1provisions of this Act or any collective bargaining agreement
2negotiated thereunder shall prevail and control. Nothing in
3this Act shall be construed to replace or diminish the rights
4of employees established by Sections 28 and 28a of the
5Metropolitan Transit Authority Act, Sections 2.15 through 2.19
6of the Regional Transportation Authority Act. The provisions of
7this Act are subject to Section 5 of the State Employees Group
8Insurance Act of 1971. Nothing in this Act shall be construed
9to replace the necessity of complaints against a sworn peace
10officer, as defined in Section 2(a) of the Uniform Peace
11Officer Disciplinary Act, from having a complaint supported by
12a sworn affidavit. Nothing in this Act shall be construed to
13take precedence over Section 25 of the Local Records Act or
14Section 8 of the Personnel Record Review Act with regard to
15deletion or destruction of disciplinary reports, letters of
16reprimand, or other records of disciplinary action of peace
17officers.
18    (b) Except as provided in subsection (a) above, any
19collective bargaining contract between a public employer and a
20labor organization executed pursuant to this Act shall
21supersede any contrary statutes, charters, ordinances, rules
22or regulations relating to wages, hours and conditions of
23employment and employment relations adopted by the public
24employer or its agents. Any collective bargaining agreement
25entered into prior to the effective date of this Act shall
26remain in full force during its duration.

 

 

HB6266- 7 -LRB099 19113 RJF 43502 b

1    (c) It is the public policy of this State, pursuant to
2paragraphs (h) and (i) of Section 6 of Article VII of the
3Illinois Constitution, that the provisions of this Act are the
4exclusive exercise by the State of powers and functions which
5might otherwise be exercised by home rule units. Such powers
6and functions may not be exercised concurrently, either
7directly or indirectly, by any unit of local government,
8including any home rule unit, except as otherwise authorized by
9this Act.
10(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.)
 
11    Section 10. The Local Records Act is amended by adding
12Section 25 as follows:
 
13    (50 ILCS 205/25 new)
14    Sec. 25. Police misconduct records. All records, both
15public records and non-public, related to complaints,
16investigations, and adjudications of police misconduct shall
17be permanently retained and may not be destroyed.
 
18    Section 15. The Personnel Record Review Act is amended by
19changing Section 8 as follows:
 
20    (820 ILCS 40/8)  (from Ch. 48, par. 2008)
21    Sec. 8. Except as otherwise provided in this Section, an An
22employer shall review a personnel record before releasing

 

 

HB6266- 8 -LRB099 19113 RJF 43502 b

1information to a third party and, except when the release is
2ordered to a party in a legal action or arbitration, delete
3disciplinary reports, letters of reprimand, or other records of
4disciplinary action which are more than 4 years old. An
5employer shall not delete or destroy disciplinary reports,
6letters of reprimand, or other records of disciplinary action
7of peace officers, as defined in Section 3 of the Illinois
8Public Labor Relations Act.
9(Source: P.A. 83-1104.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.