Bill Text: IL SB2152 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Illinois Public Labor Relations Act. Prohibits public employees and labor organizations from collectively bargaining on certain specified matters. Provides that governing authorities of units of local government, school districts, and community college districts, may by ordinance or resolution prohibit those activities from collective bargaining. Allows the registered voters of units of local government, school districts, and community college districts to petition to have the question of whether those activities should be prohibited from collective bargaining certified and presented to the election authority. Makes similar changes in the Illinois Educational Labor Relations Act. Amends the Property Tax Code. Provides that, for the 2016 levy year and 2017 levy year, the Property Tax Extension Limitation Law applies to all taxing districts, including home rule units and school districts. Provides that, for the 2016 levy year and the 2017 levy year, the extension limitation under the Property Tax Extension Limitation Law is 0% or the rate of increase approved by the voters. Preempts home rule powers. Amends the Prevailing Wage Act. Excludes from the scope of the Act units of local government and school districts. Excludes from the scope of the term "public works" any public works constructed by a unit of local government or school district. Amends various other Acts to make related changes. Amends the State Mandates Act to require implementation without reimbursement. Contains legislative findings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-04-08 - Rule 3-9(a) / Re-referred to Assignments [SB2152 Detail]
Download: Illinois-2015-SB2152-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | ARTICLE 1. LEGISLATIVE FINDINGS. | ||||||||||||||||||||||||
5 | Section 1-1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
6 | Local Government Taxpayer Protection Act of 2015.
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7 | Section 1-5. Legislative intent. As of 2015, Illinois | ||||||||||||||||||||||||
8 | taxpayers are paying the second highest median property taxes | ||||||||||||||||||||||||
9 | in the United States. While property taxes are a critical | ||||||||||||||||||||||||
10 | source of revenue for units of local government, school | ||||||||||||||||||||||||
11 | districts, and other governmental entities, the high property | ||||||||||||||||||||||||
12 | tax burden hinders economic growth. The General Assembly finds | ||||||||||||||||||||||||
13 | that freezing property tax extensions until voters, acting by | ||||||||||||||||||||||||
14 | referendum, approve an increase in the tax extension will | ||||||||||||||||||||||||
15 | return control of local tax and spending policy to voters and, | ||||||||||||||||||||||||
16 | as property values begin to grow, reduce property tax rates. | ||||||||||||||||||||||||
17 | To ensure that units of local government, school districts, | ||||||||||||||||||||||||
18 | and other governmental entities that depend upon property tax | ||||||||||||||||||||||||
19 | revenue are able to continue providing critical services to | ||||||||||||||||||||||||
20 | their residents notwithstanding this property tax freeze, the | ||||||||||||||||||||||||
21 | General Assembly further finds that it is necessary to reduce | ||||||||||||||||||||||||
22 | the State-imposed mandates on local governments that have |
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1 | increased the cost of providing these services. These mandates | ||||||
2 | include the following: | ||||||
3 | (1) According to the United States Census Bureau's 2012 | ||||||
4 | report on state and local government finance, employee wages | ||||||
5 | and benefits are the largest operational expense of local | ||||||
6 | governments in Illinois. Although the Illinois Public Labor | ||||||
7 | Relations Act and the Illinois Educational Labor Relations Act | ||||||
8 | are intended to afford local governments with discretion over | ||||||
9 | their budgets, employee costs remain a significant expense. The | ||||||
10 | changes made by this amendatory Act of the 99th General | ||||||
11 | Assembly to the Illinois Public Labor Relations Act and the | ||||||
12 | Illinois Educational Labor Relations Act are intended to | ||||||
13 | empower local governments to contain these costs. The changes | ||||||
14 | made to the Illinois Pension Code and the School Code are | ||||||
15 | intended to balance the burdens of employer costs between the | ||||||
16 | State and the local school district. | ||||||
17 | (2) Despite critical infrastructure and capital needs, the | ||||||
18 | cost of capital projects is often higher for local governments | ||||||
19 | than for the private sector. In particular, labor costs are | ||||||
20 | higher due to the State's mandated prevailing wage, which often | ||||||
21 | exceeds the wage required for federally funded projects and the | ||||||
22 | wage that actually prevails in the market. | ||||||
23 | The purpose of this amendatory Act of the 99th General | ||||||
24 | Assembly is to alleviate the property tax burden. To offset the | ||||||
25 | property tax freeze, it is necessary to reduce labor and | ||||||
26 | capital costs incurred by units of local government, school |
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1 | districts, and other governmental entities as a result of State | ||||||
2 | mandates.
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3 | ARTICLE 5. AMENDATORY PROVISIONS. | ||||||
4 | Section 5-5. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Sections 3, 6, and 7 and by adding Sections | ||||||
6 | 4.1 and 4.2 as follows:
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7 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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8 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
9 | context
otherwise requires:
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10 | (a) "Board" means the Illinois
Labor Relations Board or, | ||||||
11 | with respect to a matter over which the
jurisdiction of the | ||||||
12 | Board is assigned to the State Panel or the Local Panel
under | ||||||
13 | Section 5, the panel having jurisdiction over the matter.
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14 | (b) "Collective bargaining" means bargaining over terms | ||||||
15 | and conditions
of employment, including hours, wages, and other | ||||||
16 | conditions of employment,
as detailed in Section 7 and which | ||||||
17 | are not excluded by Section 4 , Section 4.1, or Section 4.2 .
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18 | (c) "Confidential employee" means an employee who, in the | ||||||
19 | regular course
of his or her duties, assists and acts in a | ||||||
20 | confidential capacity to persons
who formulate, determine, and | ||||||
21 | effectuate management policies with regard
to labor relations | ||||||
22 | or who, in the regular course of his or her duties, has
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23 | authorized access to information relating to the effectuation
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1 | or review of the employer's collective bargaining policies.
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2 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
3 | persons, and their
apprentices and helpers.
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4 | (e) "Essential services employees" means those public | ||||||
5 | employees
performing functions so essential that the | ||||||
6 | interruption or termination of
the function will constitute a | ||||||
7 | clear and present danger to the health and
safety of the | ||||||
8 | persons in the affected community.
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9 | (f) "Exclusive representative", except with respect to | ||||||
10 | non-State fire
fighters and paramedics employed by fire | ||||||
11 | departments and fire protection
districts, non-State peace | ||||||
12 | officers, and peace officers in the
Department of State Police, | ||||||
13 | means the labor organization that has
been (i) designated by | ||||||
14 | the Board as the representative of a majority of public
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15 | employees in an appropriate bargaining unit in accordance with | ||||||
16 | the procedures
contained in this Act, (ii) historically
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17 | recognized by the State of Illinois or
any political | ||||||
18 | subdivision of the State before July 1, 1984
(the effective | ||||||
19 | date of this
Act) as the exclusive representative of the | ||||||
20 | employees in an appropriate
bargaining unit, (iii) after July | ||||||
21 | 1, 1984 (the
effective date of this Act) recognized by an
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22 | employer upon evidence, acceptable to the Board, that the labor
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23 | organization has been designated as the exclusive | ||||||
24 | representative by a
majority of the employees in an appropriate | ||||||
25 | bargaining unit;
(iv) recognized as the exclusive | ||||||
26 | representative of personal
assistants under Executive Order |
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1 | 2003-8 prior to the effective date of this
amendatory
Act of | ||||||
2 | the 93rd General Assembly, and the organization shall be | ||||||
3 | considered to
be the
exclusive representative of the personal | ||||||
4 | assistants
as defined
in this Section; or (v) recognized as the | ||||||
5 | exclusive representative of child and day care home providers, | ||||||
6 | including licensed and license exempt providers, pursuant to an | ||||||
7 | election held under Executive Order 2005-1 prior to the | ||||||
8 | effective date of this amendatory Act of the 94th General | ||||||
9 | Assembly, and the organization shall be considered to be the | ||||||
10 | exclusive representative of the child and day care home | ||||||
11 | providers as defined in this Section.
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12 | With respect to non-State fire fighters and paramedics | ||||||
13 | employed by fire
departments and fire protection districts, | ||||||
14 | non-State peace officers, and
peace officers in the Department | ||||||
15 | of State Police,
"exclusive representative" means the labor | ||||||
16 | organization that has
been (i) designated by the Board as the | ||||||
17 | representative of a majority of peace
officers or fire fighters | ||||||
18 | in an appropriate bargaining unit in accordance
with the | ||||||
19 | procedures contained in this Act, (ii)
historically recognized
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20 | by the State of Illinois or any political subdivision of the | ||||||
21 | State before
January 1, 1986 (the effective date of this | ||||||
22 | amendatory Act of 1985) as the exclusive
representative by a | ||||||
23 | majority of the peace officers or fire fighters in an
| ||||||
24 | appropriate bargaining unit, or (iii) after January 1,
1986 | ||||||
25 | (the effective date of this amendatory
Act of 1985) recognized | ||||||
26 | by an employer upon evidence, acceptable to the
Board, that the |
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1 | labor organization has been designated as the exclusive
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2 | representative by a majority of the peace officers or fire | ||||||
3 | fighters in an
appropriate bargaining unit.
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4 | Where a historical pattern of representation exists for the | ||||||
5 | workers of a water system that was owned by a public utility, | ||||||
6 | as defined in Section 3-105 of the Public Utilities Act, prior | ||||||
7 | to becoming certified employees of a municipality or | ||||||
8 | municipalities once the municipality or municipalities have | ||||||
9 | acquired the water system as authorized in Section 11-124-5 of | ||||||
10 | the Illinois Municipal Code, the Board shall find the labor | ||||||
11 | organization that has historically represented the workers to | ||||||
12 | be the exclusive representative under this Act, and shall find | ||||||
13 | the unit represented by the exclusive representative to be the | ||||||
14 | appropriate unit. | ||||||
15 | (g) "Fair share agreement" means an agreement between the | ||||||
16 | employer and
an employee organization under which all or any of | ||||||
17 | the employees in a
collective bargaining unit are required to | ||||||
18 | pay their proportionate share of
the costs of the collective | ||||||
19 | bargaining process, contract administration, and
pursuing | ||||||
20 | matters affecting wages, hours, and other conditions of | ||||||
21 | employment,
but not to exceed the amount of dues uniformly | ||||||
22 | required of members. The
amount certified by the exclusive | ||||||
23 | representative shall not include any fees
for contributions | ||||||
24 | related to the election or support of any candidate for
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25 | political office. Nothing in this subsection (g) shall
preclude | ||||||
26 | an employee from making
voluntary political contributions in |
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1 | conjunction with his or her fair share
payment.
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2 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
3 | only, any
person who has been or is hereafter appointed to a | ||||||
4 | fire department or fire
protection district or employed by a | ||||||
5 | state university and sworn or
commissioned to perform fire | ||||||
6 | fighter duties or paramedic duties, except that the
following | ||||||
7 | persons are not included: part-time fire fighters,
auxiliary, | ||||||
8 | reserve or voluntary fire fighters, including paid on-call fire
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9 | fighters, clerks and dispatchers or other civilian employees of | ||||||
10 | a fire
department or fire protection district who are not | ||||||
11 | routinely expected to
perform fire fighter duties, or elected | ||||||
12 | officials.
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13 | (g-2) "General Assembly of the State of Illinois" means the
| ||||||
14 | legislative branch of the government of the State of Illinois, | ||||||
15 | as provided
for under Article IV of the Constitution of the | ||||||
16 | State of Illinois, and
includes but is not limited to the House | ||||||
17 | of Representatives, the Senate,
the Speaker of the House of | ||||||
18 | Representatives, the Minority Leader of the
House of | ||||||
19 | Representatives, the President of the Senate, the Minority | ||||||
20 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
21 | Support Services and any
legislative support services agency | ||||||
22 | listed in the Legislative Commission
Reorganization Act of | ||||||
23 | 1984.
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24 | (h) "Governing body" means, in the case of the State, the | ||||||
25 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
26 | of the Department of Central
Management Services, and the |
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1 | Director of the Department of Labor; the county
board in the | ||||||
2 | case of a county; the corporate authorities in the case of a
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3 | municipality; and the appropriate body authorized to provide | ||||||
4 | for expenditures
of its funds in the case of any other unit of | ||||||
5 | government.
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6 | (i) "Labor organization" means any organization in which | ||||||
7 | public employees
participate and that exists for the purpose, | ||||||
8 | in whole or in part, of dealing
with a public employer | ||||||
9 | concerning wages, hours, and other terms and conditions
of | ||||||
10 | employment, including the settlement of grievances.
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11 | (i-5) "Legislative liaison" means a person who is an | ||||||
12 | employee of a State agency, the Attorney General, the Secretary | ||||||
13 | of State, the Comptroller, or the Treasurer, as the case may | ||||||
14 | be, and whose job duties require the person to regularly | ||||||
15 | communicate in the course of his or her employment with any | ||||||
16 | official or staff of the General Assembly of the State of | ||||||
17 | Illinois for the purpose of influencing any legislative action. | ||||||
18 | (j) "Managerial employee" means an individual who is | ||||||
19 | engaged
predominantly in executive and management functions | ||||||
20 | and is charged with the
responsibility of directing the | ||||||
21 | effectuation of management policies
and practices. With | ||||||
22 | respect only to State employees in positions under the | ||||||
23 | jurisdiction of the Attorney General, Secretary of State, | ||||||
24 | Comptroller, or Treasurer (i) that were certified in a | ||||||
25 | bargaining unit on or after December 2, 2008, (ii) for which a | ||||||
26 | petition is filed with the Illinois Public Labor Relations |
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1 | Board on or after April 5, 2013 (the effective date of Public | ||||||
2 | Act 97-1172), or (iii) for which a petition is pending before | ||||||
3 | the Illinois Public Labor Relations Board on that date, | ||||||
4 | "managerial employee" means an individual who is engaged in | ||||||
5 | executive and management functions or who is charged with the | ||||||
6 | effectuation of management policies and practices or who | ||||||
7 | represents management interests by taking or recommending | ||||||
8 | discretionary actions that effectively control or implement | ||||||
9 | policy. Nothing in this definition prohibits an individual from | ||||||
10 | also meeting the definition of "supervisor" under subsection | ||||||
11 | (r) of this Section.
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12 | (k) "Peace officer" means, for the purposes of this Act | ||||||
13 | only, any
persons who have been or are hereafter appointed to a | ||||||
14 | police force,
department, or agency and sworn or commissioned | ||||||
15 | to perform police duties,
except that the following persons are | ||||||
16 | not
included: part-time police
officers, special police | ||||||
17 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
18 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
19 | police",
court security officers as defined by Section 3-6012.1 | ||||||
20 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
21 | wardens, civilian parking meter and
parking facilities | ||||||
22 | personnel or other individuals specially appointed to
aid or | ||||||
23 | direct traffic at or near schools or public functions or to aid | ||||||
24 | in
civil defense or disaster, parking enforcement employees who | ||||||
25 | are not
commissioned as peace officers and who are not armed | ||||||
26 | and who are not
routinely expected to effect arrests, parking |
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1 | lot attendants, clerks and
dispatchers or other civilian | ||||||
2 | employees of a police department who are not
routinely expected | ||||||
3 | to effect arrests, or elected officials.
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4 | (l) "Person" includes one or more individuals, labor | ||||||
5 | organizations, public
employees, associations, corporations, | ||||||
6 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
7 | receivers, or the State of Illinois or any political
| ||||||
8 | subdivision of the State or governing body, but does not | ||||||
9 | include the General
Assembly of the State of Illinois or any | ||||||
10 | individual employed by the General
Assembly of the State of | ||||||
11 | Illinois.
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12 | (m) "Professional employee" means any employee engaged in | ||||||
13 | work predominantly
intellectual and varied in character rather | ||||||
14 | than routine mental, manual,
mechanical or physical work; | ||||||
15 | involving the consistent exercise of discretion
and adjustment | ||||||
16 | in its performance; of such a character that the output | ||||||
17 | produced
or the result accomplished cannot be standardized in | ||||||
18 | relation to a given
period of time; and requiring advanced | ||||||
19 | knowledge in a field of science or
learning customarily | ||||||
20 | acquired by a prolonged course of specialized intellectual
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21 | instruction and study in an institution of higher learning or a | ||||||
22 | hospital,
as distinguished from a general academic education or | ||||||
23 | from apprenticeship
or from training in the performance of | ||||||
24 | routine mental, manual, or physical
processes; or any employee | ||||||
25 | who has completed the courses of specialized
intellectual | ||||||
26 | instruction and study prescribed in this subsection (m) and is
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1 | performing related
work under the supervision of a professional | ||||||
2 | person to qualify to become
a professional employee as defined | ||||||
3 | in this subsection (m).
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4 | (n) "Public employee" or "employee", for the purposes of | ||||||
5 | this Act, means
any individual employed by a public employer, | ||||||
6 | including (i) interns and residents
at public hospitals, (ii) | ||||||
7 | as of the effective date of this amendatory Act of the 93rd | ||||||
8 | General
Assembly, but not
before, personal assistants working | ||||||
9 | under the Home
Services
Program under Section 3 of the Disabled | ||||||
10 | Persons Rehabilitation Act, subject to
the
limitations set | ||||||
11 | forth in this Act and in the Disabled Persons Rehabilitation
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12 | Act,
(iii) as of the effective date of this amendatory Act of | ||||||
13 | the 94th General Assembly, but not before, child and day care | ||||||
14 | home providers participating in the child care assistance | ||||||
15 | program under Section 9A-11 of the Illinois Public Aid Code, | ||||||
16 | subject to the limitations set forth in this Act and in Section | ||||||
17 | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, | ||||||
18 | 2013 (the effective date of Public Act 97-1158), but not before | ||||||
19 | except as otherwise provided in this subsection (n), home care | ||||||
20 | and home health workers who function as personal assistants and | ||||||
21 | individual maintenance home health workers and who also work | ||||||
22 | under the Home Services Program under Section 3 of the Disabled | ||||||
23 | Persons Rehabilitation Act, no matter whether the State | ||||||
24 | provides those services through direct fee-for-service | ||||||
25 | arrangements, with the assistance of a managed care | ||||||
26 | organization or other intermediary, or otherwise, (v) |
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1 | beginning on the effective date of this amendatory Act of the | ||||||
2 | 98th General Assembly and notwithstanding any other provision | ||||||
3 | of this Act, any person employed by a public employer and who | ||||||
4 | is classified as or who holds the employment title of Chief | ||||||
5 | Stationary Engineer, Assistant Chief Stationary Engineer, | ||||||
6 | Sewage Plant Operator, Water Plant Operator, Stationary | ||||||
7 | Engineer, Plant Operating Engineer, and any other employee who | ||||||
8 | holds the position of: Civil Engineer V, Civil Engineer VI, | ||||||
9 | Civil Engineer VII, Technical Manager I, Technical Manager II, | ||||||
10 | Technical Manager III, Technical Manager IV, Technical Manager | ||||||
11 | V, Technical Manager VI, Realty Specialist III, Realty | ||||||
12 | Specialist IV, Realty Specialist V, Technical Advisor I, | ||||||
13 | Technical Advisor II, Technical Advisor III, Technical Advisor | ||||||
14 | IV, or Technical Advisor V employed by the Department of | ||||||
15 | Transportation who is in a position which is certified in a | ||||||
16 | bargaining unit on or before the effective date of this | ||||||
17 | amendatory Act of the 98th General Assembly, and (vi) beginning | ||||||
18 | on the effective date of this amendatory Act of the 98th | ||||||
19 | General Assembly and notwithstanding any other provision of | ||||||
20 | this Act, any mental health administrator in the Department of | ||||||
21 | Corrections who is classified as or who holds the position of | ||||||
22 | Public Service Administrator (Option 8K), any employee of the | ||||||
23 | Office of the Inspector General in the Department of Human | ||||||
24 | Services who is classified as or who holds the position of | ||||||
25 | Public Service Administrator (Option 7), any Deputy of | ||||||
26 | Intelligence in the Department of Corrections who is classified |
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1 | as or who holds the position of Public Service Administrator | ||||||
2 | (Option 7), and any employee of the Department of State Police | ||||||
3 | who handles issues concerning the Illinois State Police Sex | ||||||
4 | Offender Registry and who is classified as or holds the | ||||||
5 | position of Public Service Administrator (Option 7), but | ||||||
6 | excluding all of the following: employees of the
General | ||||||
7 | Assembly of the State of Illinois; elected officials; executive
| ||||||
8 | heads of a department; members of boards or commissions; the | ||||||
9 | Executive
Inspectors General; any special Executive Inspectors | ||||||
10 | General; employees of each
Office of an Executive Inspector | ||||||
11 | General;
commissioners and employees of the Executive Ethics | ||||||
12 | Commission; the Auditor
General's Inspector General; employees | ||||||
13 | of the Office of the Auditor General's
Inspector General; the | ||||||
14 | Legislative Inspector General; any special Legislative
| ||||||
15 | Inspectors General; employees of the Office
of the Legislative | ||||||
16 | Inspector General;
commissioners and employees of the | ||||||
17 | Legislative Ethics Commission;
employees
of any
agency, board | ||||||
18 | or commission created by this Act; employees appointed to
State | ||||||
19 | positions of a temporary or emergency nature; all employees of | ||||||
20 | school
districts and higher education institutions except | ||||||
21 | firefighters and peace
officers employed
by a state university | ||||||
22 | and except peace officers employed by a school district in its | ||||||
23 | own police department in existence on the effective date of | ||||||
24 | this amendatory Act of the 96th General Assembly; managerial | ||||||
25 | employees; short-term employees; legislative liaisons; a | ||||||
26 | person who is a State employee under the jurisdiction of the |
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1 | Office of the Attorney General who is licensed to practice law | ||||||
2 | or whose position authorizes, either directly or indirectly, | ||||||
3 | meaningful input into government decision-making on issues | ||||||
4 | where there is room for principled disagreement on goals or | ||||||
5 | their implementation; a person who is a State employee under | ||||||
6 | the jurisdiction of the Office of the Comptroller who holds the | ||||||
7 | position of Public Service Administrator or whose position is | ||||||
8 | otherwise exempt under the Comptroller Merit Employment Code; a | ||||||
9 | person who is a State employee under the jurisdiction of the | ||||||
10 | Secretary of State who holds the position classification of | ||||||
11 | Executive I or higher, whose position authorizes, either | ||||||
12 | directly or indirectly, meaningful input into government | ||||||
13 | decision-making on issues where there is room for principled | ||||||
14 | disagreement on goals or their implementation, or who is | ||||||
15 | otherwise exempt under the Secretary of State Merit Employment | ||||||
16 | Code; employees in the Office of the Secretary of State who are | ||||||
17 | completely exempt from jurisdiction B of the Secretary of State | ||||||
18 | Merit Employment Code and who are in Rutan-exempt positions on | ||||||
19 | or after April 5, 2013 (the effective date of Public Act | ||||||
20 | 97-1172); a person who is a State employee under the | ||||||
21 | jurisdiction of the Treasurer who holds a position that is | ||||||
22 | exempt from the State Treasurer Employment Code; any employee | ||||||
23 | of a State agency who (i) holds the title or position of, or | ||||||
24 | exercises substantially similar duties as a legislative | ||||||
25 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
26 | Executive Director, Agency Deputy Director, Agency Chief |
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1 | Fiscal Officer, Agency Human Resources Director, Public | ||||||
2 | Information Officer, or Chief Information Officer and (ii) was | ||||||
3 | neither included in a bargaining unit nor subject to an active | ||||||
4 | petition for certification in a bargaining unit; any employee | ||||||
5 | of a State agency who (i) is in a position that is | ||||||
6 | Rutan-exempt, as designated by the employer, and completely | ||||||
7 | exempt from jurisdiction B of the Personnel Code and (ii) was | ||||||
8 | neither included in a bargaining unit nor subject to an active | ||||||
9 | petition for certification in a bargaining unit; any term | ||||||
10 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
11 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
12 | bargaining unit nor subject to an active petition for | ||||||
13 | certification in a bargaining unit; any employment position | ||||||
14 | properly designated pursuant to Section 6.1 of this Act;
| ||||||
15 | confidential employees; independent contractors; and | ||||||
16 | supervisors except as
provided in this Act.
| ||||||
17 | Home care
and home health workers who function as personal | ||||||
18 | assistants and individual maintenance home health workers and | ||||||
19 | who also work under the Home Services Program under Section 3 | ||||||
20 | of the Disabled Persons Rehabilitation Act shall not be | ||||||
21 | considered
public
employees for any purposes not specifically | ||||||
22 | provided for in Public Act 93-204 or Public Act 97-1158, | ||||||
23 | including but not limited to, purposes of vicarious
liability | ||||||
24 | in tort
and purposes of statutory retirement or health | ||||||
25 | insurance benefits. Home care and home health workers who | ||||||
26 | function as personal assistants and individual maintenance |
| |||||||
| |||||||
1 | home health workers and who also work under the Home Services | ||||||
2 | Program under Section 3 of the Disabled Persons Rehabilitation | ||||||
3 | Act shall not be covered by the State Employees
Group
Insurance | ||||||
4 | Act of 1971 (5 ILCS 375/).
| ||||||
5 | Child and day care home providers shall not be considered | ||||||
6 | public employees for any purposes not specifically provided for | ||||||
7 | in this amendatory Act of the 94th General Assembly, including | ||||||
8 | but not limited to, purposes of vicarious liability in tort and | ||||||
9 | purposes of statutory retirement or health insurance benefits. | ||||||
10 | Child and day care home providers shall not be covered by the | ||||||
11 | State Employees Group Insurance Act of 1971. | ||||||
12 | Notwithstanding Section 9, subsection (c), or any other | ||||||
13 | provisions of
this Act, all peace officers above the rank of | ||||||
14 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
15 | shall be excluded
from this Act.
| ||||||
16 | (o) Except as otherwise in subsection (o-5), "public | ||||||
17 | employer" or "employer" means the State of Illinois; any
| ||||||
18 | political subdivision of the State, unit of local government or | ||||||
19 | school
district; authorities including departments, divisions, | ||||||
20 | bureaus, boards,
commissions, or other agencies of the | ||||||
21 | foregoing entities; and any person
acting within the scope of | ||||||
22 | his or her authority, express or implied, on
behalf of those | ||||||
23 | entities in dealing with its employees.
As of the effective | ||||||
24 | date of the amendatory Act of the 93rd General Assembly,
but | ||||||
25 | not
before, the State of Illinois shall be considered the | ||||||
26 | employer of the personal assistants working under the Home |
| |||||||
| |||||||
1 | Services Program
under
Section 3 of the Disabled Persons | ||||||
2 | Rehabilitation Act, subject to the
limitations set forth
in | ||||||
3 | this Act and in the Disabled Persons Rehabilitation Act. As of | ||||||
4 | January 29, 2013 (the effective date of Public Act 97-1158), | ||||||
5 | but not before except as otherwise provided in this subsection | ||||||
6 | (o), the State shall be considered the employer of home care | ||||||
7 | and home health workers who function as personal assistants and | ||||||
8 | individual maintenance home health workers and who also work | ||||||
9 | under the Home Services Program under Section 3 of the Disabled | ||||||
10 | Persons Rehabilitation Act, no matter whether the State | ||||||
11 | provides those services through direct fee-for-service | ||||||
12 | arrangements, with the assistance of a managed care | ||||||
13 | organization or other intermediary, or otherwise, but subject | ||||||
14 | to the limitations set forth in this Act and the Disabled | ||||||
15 | Persons Rehabilitation Act. The State shall not
be
considered | ||||||
16 | to be the employer of home care and home health workers who | ||||||
17 | function as personal
assistants and individual maintenance | ||||||
18 | home health workers and who also work under the Home Services | ||||||
19 | Program under Section 3 of the Disabled Persons Rehabilitation | ||||||
20 | Act, for any
purposes not specifically provided for in Public | ||||||
21 | Act 93-204 or Public Act 97-1158, including but not limited to, | ||||||
22 | purposes of vicarious liability in tort
and
purposes of | ||||||
23 | statutory retirement or health insurance benefits. Home care | ||||||
24 | and home health workers who function as
personal assistants and | ||||||
25 | individual maintenance home health workers and who also work | ||||||
26 | under the Home Services Program under Section 3 of the Disabled |
| |||||||
| |||||||
1 | Persons Rehabilitation Act shall not be covered by the State | ||||||
2 | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the | ||||||
3 | effective date of this amendatory Act of the 94th General | ||||||
4 | Assembly but not before, the State of Illinois shall be | ||||||
5 | considered the employer of the day and child care home | ||||||
6 | providers participating in the child care assistance program | ||||||
7 | under Section 9A-11 of the Illinois Public Aid Code, subject to | ||||||
8 | the limitations set forth in this Act and in Section 9A-11 of | ||||||
9 | the Illinois Public Aid Code. The State shall not be considered | ||||||
10 | to be the employer of child and day care home providers for any | ||||||
11 | purposes not specifically provided for in this amendatory Act | ||||||
12 | of the 94th General Assembly, including but not limited to, | ||||||
13 | purposes of vicarious liability in tort and purposes of | ||||||
14 | statutory retirement or health insurance benefits. Child and | ||||||
15 | day care home providers shall not be covered by the State | ||||||
16 | Employees Group Insurance Act of 1971. | ||||||
17 | "Public employer" or
"employer" as used in this Act, | ||||||
18 | however, does not
mean and shall not include the General | ||||||
19 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
20 | Commission, the Offices of the Executive Inspectors
General, | ||||||
21 | the Legislative Ethics Commission, the Office of the | ||||||
22 | Legislative
Inspector General, the Office of the Auditor | ||||||
23 | General's Inspector General, the Office of the Governor, the | ||||||
24 | Governor's Office of Management and Budget, the Illinois | ||||||
25 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
26 | State Board of Elections, and educational employers or |
| |||||||
| |||||||
1 | employers as defined in the Illinois
Educational Labor | ||||||
2 | Relations Act, except with respect to a state university in
its | ||||||
3 | employment of firefighters and peace officers and except with | ||||||
4 | respect to a school district in the employment of peace | ||||||
5 | officers in its own police department in existence on the | ||||||
6 | effective date of this amendatory Act of the 96th General | ||||||
7 | Assembly. County boards and county
sheriffs shall be
designated | ||||||
8 | as joint or co-employers of county peace officers appointed
| ||||||
9 | under the authority of a county sheriff. Nothing in this | ||||||
10 | subsection
(o) shall be construed
to prevent the State Panel or | ||||||
11 | the Local Panel
from determining that employers are joint or | ||||||
12 | co-employers.
| ||||||
13 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
14 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
15 | other conditions of
employment, the public employer of public | ||||||
16 | employees who are court reporters, as
defined in the Court | ||||||
17 | Reporters Act, shall be determined as
follows:
| ||||||
18 | (1) For court reporters employed by the Cook County | ||||||
19 | Judicial
Circuit, the chief judge of the Cook County | ||||||
20 | Circuit
Court is the public employer and employer | ||||||
21 | representative.
| ||||||
22 | (2) For court reporters employed by the 12th, 18th, | ||||||
23 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
24 | circuits, a group consisting of the chief judges of those | ||||||
25 | circuits, acting
jointly by majority vote, is the public | ||||||
26 | employer and employer representative.
|
| |||||||
| |||||||
1 | (3) For court reporters employed by all other judicial | ||||||
2 | circuits,
a group consisting of the chief judges of those | ||||||
3 | circuits, acting jointly by
majority vote, is the public | ||||||
4 | employer and employer representative.
| ||||||
5 | (p) "Security employee" means an employee who is | ||||||
6 | responsible for the
supervision and control of inmates at | ||||||
7 | correctional facilities. The term
also includes other | ||||||
8 | non-security employees in bargaining units having the
majority | ||||||
9 | of employees being responsible for the supervision and control | ||||||
10 | of
inmates at correctional facilities.
| ||||||
11 | (q) "Short-term employee" means an employee who is employed | ||||||
12 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
13 | year and who does
not have a reasonable assurance that he or | ||||||
14 | she will be rehired by the
same employer for the same service | ||||||
15 | in a subsequent calendar year.
| ||||||
16 | (q-5) "State agency" means an agency directly responsible | ||||||
17 | to the Governor, as defined in Section 3.1 of the Executive | ||||||
18 | Reorganization Implementation Act, and the Illinois Commerce | ||||||
19 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
20 | Civil Service Commission, the Pollution Control Board, the | ||||||
21 | Illinois Racing Board, and the Department of State Police Merit | ||||||
22 | Board. | ||||||
23 | (r) "Supervisor" is: | ||||||
24 | (1) An employee whose principal work is substantially
| ||||||
25 | different from that of his or her subordinates and who has | ||||||
26 | authority, in the
interest of the employer, to hire, |
| |||||||
| |||||||
1 | transfer, suspend, lay off, recall,
promote, discharge, | ||||||
2 | direct, reward, or discipline employees, to adjust
their | ||||||
3 | grievances, or to effectively recommend any of those | ||||||
4 | actions, if the
exercise
of that authority is not of a | ||||||
5 | merely routine or clerical nature, but
requires the | ||||||
6 | consistent use of independent judgment. Except with | ||||||
7 | respect to
police employment, the term "supervisor" | ||||||
8 | includes only those individuals
who devote a preponderance | ||||||
9 | of their employment time to exercising that
authority, | ||||||
10 | State supervisors notwithstanding. Nothing in this | ||||||
11 | definition prohibits an individual from also meeting the | ||||||
12 | definition of "managerial employee" under subsection (j) | ||||||
13 | of this Section. In addition, in determining
supervisory | ||||||
14 | status in police employment, rank shall not be | ||||||
15 | determinative.
The Board shall consider, as evidence of | ||||||
16 | bargaining unit inclusion or
exclusion, the common law | ||||||
17 | enforcement policies and relationships between
police | ||||||
18 | officer ranks and certification under applicable civil | ||||||
19 | service law,
ordinances, personnel codes, or Division 2.1 | ||||||
20 | of Article 10 of the Illinois
Municipal Code, but these | ||||||
21 | factors shall not
be the sole or predominant factors | ||||||
22 | considered by the Board in determining
police supervisory | ||||||
23 | status.
| ||||||
24 | Notwithstanding the provisions of the preceding | ||||||
25 | paragraph, in determining
supervisory status in fire | ||||||
26 | fighter employment, no fire fighter shall be
excluded as a |
| |||||||
| |||||||
1 | supervisor who has established representation rights under
| ||||||
2 | Section 9 of this Act. Further, in new fire fighter units, | ||||||
3 | employees shall
consist of fire fighters of the rank of | ||||||
4 | company officer and below. If a company officer otherwise | ||||||
5 | qualifies as a supervisor under the preceding paragraph, | ||||||
6 | however, he or she shall
not be included in the fire | ||||||
7 | fighter
unit. If there is no rank between that of chief and | ||||||
8 | the
highest company officer, the employer may designate a | ||||||
9 | position on each
shift as a Shift Commander, and the | ||||||
10 | persons occupying those positions shall
be supervisors. | ||||||
11 | All other ranks above that of company officer shall be
| ||||||
12 | supervisors.
| ||||||
13 | (2) With respect only to State employees in positions | ||||||
14 | under the jurisdiction of the Attorney General, Secretary | ||||||
15 | of State, Comptroller, or Treasurer (i) that were certified | ||||||
16 | in a bargaining unit on or after December 2, 2008, (ii) for | ||||||
17 | which a petition is filed with the Illinois Public Labor | ||||||
18 | Relations Board on or after April 5, 2013 (the effective | ||||||
19 | date of Public Act 97-1172), or (iii) for which a petition | ||||||
20 | is pending before the Illinois Public Labor Relations Board | ||||||
21 | on that date, an employee who qualifies as a supervisor | ||||||
22 | under (A) Section 152 of the National Labor Relations Act | ||||||
23 | and (B) orders of the National Labor Relations Board | ||||||
24 | interpreting that provision or decisions of courts | ||||||
25 | reviewing decisions of the National Labor Relations Board. | ||||||
26 | (s)(1) "Unit" means a class of jobs or positions that are |
| |||||||
| |||||||
1 | held by
employees whose collective interests may suitably be | ||||||
2 | represented by a labor
organization for collective bargaining. | ||||||
3 | Except with respect to non-State fire
fighters and paramedics | ||||||
4 | employed by fire departments and fire protection
districts, | ||||||
5 | non-State peace officers, and peace officers in the Department | ||||||
6 | of
State Police, a bargaining unit determined by the Board | ||||||
7 | shall not include both
employees and supervisors, or | ||||||
8 | supervisors only, except as provided in paragraph
(2) of this | ||||||
9 | subsection (s) and except for bargaining units in existence on | ||||||
10 | July
1, 1984 (the effective date of this Act). With respect to | ||||||
11 | non-State fire
fighters and paramedics employed by fire | ||||||
12 | departments and fire protection
districts, non-State peace | ||||||
13 | officers, and peace officers in the Department of
State Police, | ||||||
14 | a bargaining unit determined by the Board shall not include | ||||||
15 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
16 | except as provided in
paragraph (2) of this subsection (s) and | ||||||
17 | except for bargaining units in
existence on January 1, 1986 | ||||||
18 | (the effective date of this amendatory Act of
1985). A | ||||||
19 | bargaining unit determined by the Board to contain peace | ||||||
20 | officers
shall contain no employees other than peace officers | ||||||
21 | unless otherwise agreed to
by the employer and the labor | ||||||
22 | organization or labor organizations involved.
Notwithstanding | ||||||
23 | any other provision of this Act, a bargaining unit, including a
| ||||||
24 | historical bargaining unit, containing sworn peace officers of | ||||||
25 | the Department
of Natural Resources (formerly designated the | ||||||
26 | Department of Conservation) shall
contain no employees other |
| |||||||
| |||||||
1 | than such sworn peace officers upon the effective
date of this | ||||||
2 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
3 | collective bargaining agreement in effect upon the effective | ||||||
4 | date of this
amendatory Act of 1990 covering both such sworn | ||||||
5 | peace officers and other
employees.
| ||||||
6 | (2) Notwithstanding the exclusion of supervisors from | ||||||
7 | bargaining units
as provided in paragraph (1) of this | ||||||
8 | subsection (s), a public
employer may agree to permit its | ||||||
9 | supervisory employees to form bargaining units
and may bargain | ||||||
10 | with those units. This Act shall apply if the public employer
| ||||||
11 | chooses to bargain under this subsection.
| ||||||
12 | (3) Public employees who are court reporters, as defined
in | ||||||
13 | the Court Reporters Act,
shall be divided into 3 units for | ||||||
14 | collective bargaining purposes. One unit
shall be court | ||||||
15 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
16 | unit shall be court reporters employed by the 12th, 18th, 19th, | ||||||
17 | and, on and after December 4, 2006, the 22nd judicial
circuits; | ||||||
18 | and one unit shall be court reporters employed by all other
| ||||||
19 | judicial circuits.
| ||||||
20 | (t) "Active petition for certification in a bargaining | ||||||
21 | unit" means a petition for certification filed with the Board | ||||||
22 | under one of the following case numbers: S-RC-11-110; | ||||||
23 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | ||||||
24 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
25 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
26 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
| |||||||
| |||||||
1 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
2 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
3 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
4 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
5 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
6 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
7 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
8 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | ||||||
9 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
10 | S-RC-07-100. | ||||||
11 | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; | ||||||
12 | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff. | ||||||
13 | 8-18-14.)
| ||||||
14 | (5 ILCS 315/4.1 new) | ||||||
15 | Sec. 4.1. Local election for permissive bargaining. | ||||||
16 | (a) This subsection (a) applies to each public employer | ||||||
17 | that (i) is a unit of local government, school district, or | ||||||
18 | community college district, and (ii) has been designated (A) | ||||||
19 | pursuant to this Section as a "permissive public employer", or | ||||||
20 | (B) pursuant to Section 4.7 of the Illinois Educational Labor | ||||||
21 | Relations Act as a "permissive educational employer". For the | ||||||
22 | purposes of this subsection (a), each such employer is referred | ||||||
23 | to as a "permissive public employer". With respect to a | ||||||
24 | permissive public employer, the provisions of this subsection | ||||||
25 | apply notwithstanding any other provision of this Act to the |
| |||||||
| |||||||
1 | contrary. | ||||||
2 | Notwithstanding Section 4 of this Act, every matter, other | ||||||
3 | than a matter that is a prohibited subject of bargaining | ||||||
4 | pursuant to Section 4.2 or pursuant to another provision of | ||||||
5 | this Act, is a permissive subject of bargaining between a | ||||||
6 | permissive public employer and an exclusive representative of | ||||||
7 | its public employees, including, but not limited to, wages, | ||||||
8 | hours, other terms and conditions of employment, and the impact | ||||||
9 | and implementation of each matter or changes related thereto, | ||||||
10 | and, for the purpose of this Act, are within the sole | ||||||
11 | discretion of the permissive public employer to decide to | ||||||
12 | bargain, notwithstanding whether the permissive public | ||||||
13 | employer previously bargained over that matter. It shall be | ||||||
14 | unlawful to engage in a strike over a permissive subject of | ||||||
15 | bargaining over which a permissive public employer has decided | ||||||
16 | not to bargain. Nothing in this Section shall be construed to | ||||||
17 | impair any contract existing on the date the public employer | ||||||
18 | becomes a permissive public employer or a permissive | ||||||
19 | educational employer during the term of that contract. | ||||||
20 | With respect to a public employer that has been designated | ||||||
21 | as a permissive public employer under this Section or a | ||||||
22 | permissive educational employer under Section 4.7 of the | ||||||
23 | Illinois Educational Labor Relations Act, the provisions of | ||||||
24 | this subsection (a) apply to both educational employees under | ||||||
25 | the Illinois Educational Labor Relations Act and public | ||||||
26 | employees under this Act. |
| |||||||
| |||||||
1 | (b) The governing authority of a unit of local government, | ||||||
2 | school district, or community college district may, by | ||||||
3 | ordinance or resolution, elect to be a permissive public | ||||||
4 | employer under, and be subject to the provisions of, subsection | ||||||
5 | (a) of this Section. | ||||||
6 | (c) If a petition, signed by a number of registered voters | ||||||
7 | equal in number to at least 5% of the total number of | ||||||
8 | registered voters in a unit of local government, school | ||||||
9 | district, or community college district asking that the unit of | ||||||
10 | local government, school district, or community college | ||||||
11 | district be a permissive public employer under, and be subject | ||||||
12 | to the provisions of, subsection (a) of this Section is | ||||||
13 | presented to the clerk of that unit of local government, school | ||||||
14 | district, or community college district, the clerk shall | ||||||
15 | certify the question of whether that unit of local government, | ||||||
16 | school district, or community college district should be a | ||||||
17 | permissive public employer and subject to such provisions to | ||||||
18 | the proper election authority, who shall submit the question at | ||||||
19 | the next election in accordance with the general election law. | ||||||
20 | The question of whether the unit of local government, | ||||||
21 | school district, or community college district shall be a | ||||||
22 | permissive public employer under, and be subject to the | ||||||
23 | provisions of, subsection (a) of this Section shall be | ||||||
24 | presented in substantially the following form: | ||||||
25 | Shall (the legal name of the unit of local government, | ||||||
26 | school district, or community college district) be subject |
| |||||||
| |||||||
1 | to the provisions of subsection (a) of Section 4.1 of the | ||||||
2 | Illinois Public Labor Relations Act, such that (the legal | ||||||
3 | name of the unit of local government, school district, or | ||||||
4 | community college district) would have discretion to | ||||||
5 | determine over which matters it will bargain with labor | ||||||
6 | organizations representing its employees? | ||||||
7 | The votes must be recorded as "Yes" or "No". If a majority | ||||||
8 | of voters voting on the question are in favor of causing the | ||||||
9 | unit of local government, school district, or community college | ||||||
10 | district to be subject to subsection (a) of this Section, the | ||||||
11 | unit of local government, school district, or community college | ||||||
12 | district shall be a permissive public employer under, and be | ||||||
13 | subject to the provisions of, subsection (a) of this Section.
| ||||||
14 | (5 ILCS 315/4.2 new) | ||||||
15 | Sec. 4.2. Local election to prohibit certain subjects of | ||||||
16 | bargaining. | ||||||
17 | (a) Notwithstanding any other provision of this Act to the | ||||||
18 | contrary, a public employer that is a unit of local government, | ||||||
19 | school district, or community college district may not bargain | ||||||
20 | with an exclusive representative of its public employees over | ||||||
21 | the following subjects if and to the extent that (i) the | ||||||
22 | governing authority of that unit of local government, school | ||||||
23 | district, or community college district, by ordinance or | ||||||
24 | resolution, decides to prohibit bargaining these subjects, or | ||||||
25 | (ii) the voters of that unit of local government, school |
| |||||||
| |||||||
1 | district, or community college district have decided by | ||||||
2 | referendum conducted pursuant to subsection (b) of this Section | ||||||
3 | to prohibit bargaining on: | ||||||
4 | (1) the decision of the employer to contract with a | ||||||
5 | third party for any services, the process for bidding on | ||||||
6 | such a contract, the identity of the provider of such | ||||||
7 | services, or the effect of any such contract on bargaining | ||||||
8 | unit members, provided that this subsection does not limit | ||||||
9 | the ability of employees or a labor organization to bid on | ||||||
10 | any such contract; | ||||||
11 | (2) the payment of wages and benefits in the aggregate | ||||||
12 | to all employees of the employer in excess of the budgeted | ||||||
13 | amount specified by ordinance or resolution of the | ||||||
14 | governing authority of the employer; | ||||||
15 | (3) the provision of any health insurance, including | ||||||
16 | the payment of premiums, the extent of coverage, or the | ||||||
17 | identity of the insurer; | ||||||
18 | (4) the use of employee time for business of the labor | ||||||
19 | organization, other than reasonable time provided to an | ||||||
20 | employee to attend a grievance hearing when his or her | ||||||
21 | rights are substantially affected by the hearing or his or | ||||||
22 | her testimony is needed for the determination of any | ||||||
23 | substantial factual question; | ||||||
24 | (5) required levels of staffing for departments, | ||||||
25 | divisions, shifts, stations, or assignments; or | ||||||
26 | (6) procedures, processes, forms, and criteria for |
| |||||||
| |||||||
1 | personnel evaluations, or the use of evaluations or | ||||||
2 | seniority in assignments, promotions, layoffs, and | ||||||
3 | reductions-in-force. | ||||||
4 | (b) If a petition, signed by a number of registered voters | ||||||
5 | equal in number to at least 5% of the total number of | ||||||
6 | registered voters in a unit of local government, school | ||||||
7 | district, or community college district, asking to prohibit a | ||||||
8 | specific subject of collective bargaining by that is presented | ||||||
9 | to the clerk of that unit of local government, school district, | ||||||
10 | or community district, the clerk shall certify that question to | ||||||
11 | the proper election authority, who shall submit the question at | ||||||
12 | the next election in accordance with the general election law. | ||||||
13 | The petition shall specify the specific subject of | ||||||
14 | collective bargaining to be prohibited, as set out in | ||||||
15 | paragraphs (1) through (6) of subsection (a) of this Section. | ||||||
16 | Each such paragraph is a separate subject of collective | ||||||
17 | bargaining. Each petition may propose to prohibit collective | ||||||
18 | bargaining of one subject. | ||||||
19 | The question of whether to prohibit a specific subject of | ||||||
20 | collective bargaining shall be presented in substantially the | ||||||
21 | following form: | ||||||
22 | Shall (insert the legal name of the unit of local | ||||||
23 | government, school district, or community college | ||||||
24 | district) be prohibited from collectively bargaining with | ||||||
25 | labor organizations representing its employees over | ||||||
26 | (insert the specific subject under subsection (a) of this |
| |||||||
| |||||||
1 | Section)? | ||||||
2 | The votes must be recorded as "Yes" or "No". If a majority | ||||||
3 | of voters voting on the question are in favor of prohibiting | ||||||
4 | collective bargaining over that subject, that unit of local | ||||||
5 | government, school district, or community college district may | ||||||
6 | not bargain with an exclusive representative of its public | ||||||
7 | employees over that subject. | ||||||
8 | The prohibition under this Section applies to both | ||||||
9 | educational employees under the Illinois Educational Labor | ||||||
10 | Relations Act and public employees under this Act.
| ||||||
11 | (5 ILCS 315/6) (from Ch. 48, par. 1606)
| ||||||
12 | Sec. 6. Right to organize and bargain collectively; | ||||||
13 | exclusive
representation; and fair share arrangements. | ||||||
14 | (a) Employees of the State and
any political subdivision of | ||||||
15 | the State, excluding employees of the General
Assembly of the | ||||||
16 | State of Illinois and employees excluded from the definition of | ||||||
17 | "public employee" under subsection (n) of Section 3 of this | ||||||
18 | Act, have, and are protected in the exercise
of, the right of | ||||||
19 | self-organization,
and may form, join or assist any labor | ||||||
20 | organization, to bargain collectively
through representatives | ||||||
21 | of their own choosing on questions of wages, hours
and other | ||||||
22 | conditions of employment, not excluded by Section 4 , Section | ||||||
23 | 4.1, or Section 4.2 of this Act,
and to engage in other | ||||||
24 | concerted activities not otherwise prohibited by law
for the | ||||||
25 | purposes of collective bargaining or other mutual aid or |
| |||||||
| |||||||
1 | protection,
free from interference, restraint or coercion. | ||||||
2 | Employees also have, and
are protected in the exercise of, the | ||||||
3 | right to refrain from participating
in any such concerted | ||||||
4 | activities. Employees may be required,
pursuant to the terms of | ||||||
5 | a lawful fair share agreement, to pay a fee which
shall be | ||||||
6 | their proportionate share
of the costs of the collective | ||||||
7 | bargaining process, contract administration
and pursuing | ||||||
8 | matters affecting wages, hours and other conditions of | ||||||
9 | employment
as defined in Section 3(g).
| ||||||
10 | (b) Nothing in this Act prevents an employee from | ||||||
11 | presenting a grievance
to the employer and having the grievance | ||||||
12 | heard and settled without the
intervention of an employee | ||||||
13 | organization; provided that the exclusive
bargaining | ||||||
14 | representative is afforded the opportunity to be present at | ||||||
15 | such
conference and that any settlement made shall not be | ||||||
16 | inconsistent with the
terms of any agreement in effect between | ||||||
17 | the employer and the exclusive
bargaining representative.
| ||||||
18 | (c) A labor organization designated by the Board as the | ||||||
19 | representative
of the majority of public employees in an | ||||||
20 | appropriate unit in accordance
with the procedures herein or | ||||||
21 | recognized
by a public employer as the representative of the | ||||||
22 | majority of public employees
in an appropriate unit is the | ||||||
23 | exclusive representative for the employees
of such unit for the | ||||||
24 | purpose of collective bargaining with respect to rates
of pay, | ||||||
25 | wages, hours and other conditions of employment not excluded by
| ||||||
26 | Section 4 , Section 4.1, or Section 4.2 of this Act. A public |
| |||||||
| |||||||
1 | employer is required upon request to furnish the exclusive | ||||||
2 | bargaining representative with a complete list of the names and | ||||||
3 | addresses of the public employees in the bargaining unit, | ||||||
4 | provided that a public employer shall not be required to | ||||||
5 | furnish such a list more than once per payroll period. The | ||||||
6 | exclusive bargaining representative shall use the list | ||||||
7 | exclusively for bargaining representation purposes and shall | ||||||
8 | not disclose any information contained in the list for any | ||||||
9 | other purpose. Nothing in this Section, however, shall prohibit | ||||||
10 | a bargaining representative from disseminating a list of its | ||||||
11 | union members.
| ||||||
12 | (d) Labor organizations recognized by a public employer as | ||||||
13 | the exclusive
representative or so designated in accordance | ||||||
14 | with the provisions of this
Act are responsible for | ||||||
15 | representing the interests of all public employees
in the unit. | ||||||
16 | Nothing herein shall be construed to limit an exclusive
| ||||||
17 | representative's right to exercise its discretion to refuse to | ||||||
18 | process
grievances of employees that are unmeritorious.
| ||||||
19 | (e) When a collective bargaining agreement is entered into | ||||||
20 | with an exclusive
representative, it may include in the | ||||||
21 | agreement a provision requiring employees
covered by the | ||||||
22 | agreement who are not members of the organization to pay
their | ||||||
23 | proportionate share of the costs of the collective bargaining | ||||||
24 | process,
contract administration and pursuing matters | ||||||
25 | affecting wages, hours and
conditions of employment, as defined | ||||||
26 | in Section 3 (g), but not to exceed
the amount of dues |
| |||||||
| |||||||
1 | uniformly required of members. The organization shall
certify | ||||||
2 | to the employer the amount constituting each nonmember | ||||||
3 | employee's
proportionate share which shall not exceed dues | ||||||
4 | uniformly required of members.
In such case, the proportionate | ||||||
5 | share payment in this Section shall be deducted
by the employer | ||||||
6 | from the earnings of the nonmember employees and paid to
the | ||||||
7 | employee organization.
| ||||||
8 | (f) Only the exclusive representative may negotiate
| ||||||
9 | provisions in a collective bargaining agreement providing for | ||||||
10 | the payroll
deduction of labor organization dues, fair share | ||||||
11 | payment, initiation fees
and assessments. Except as provided in | ||||||
12 | subsection (e) of this Section, any
such deductions shall only | ||||||
13 | be made upon an employee's written
authorization, and continued | ||||||
14 | until revoked in writing in the same manner or
until the | ||||||
15 | termination date of an applicable collective bargaining
| ||||||
16 | agreement. Such payments shall be paid to the exclusive | ||||||
17 | representative.
| ||||||
18 | Where a collective bargaining agreement is terminated, or | ||||||
19 | continues in effect beyond its scheduled expiration date | ||||||
20 | pending the negotiation of a successor agreement or the | ||||||
21 | resolution of an impasse under Section 14, the employer shall | ||||||
22 | continue to honor and abide by any dues deduction or fair share | ||||||
23 | clause contained therein until a new agreement is reached | ||||||
24 | including dues deduction or a fair share clause. For the | ||||||
25 | benefit of any successor exclusive representative certified | ||||||
26 | under this Act, this provision shall be applicable, provided |
| |||||||
| |||||||
1 | the successor exclusive representative: | ||||||
2 | (i) certifies to the employer the amount constituting | ||||||
3 | each non-member's proportionate share under subsection | ||||||
4 | (e); or | ||||||
5 | (ii) presents the employer with employee written | ||||||
6 | authorizations for the deduction of dues, assessments, and | ||||||
7 | fees under this subsection. | ||||||
8 | Failure to so honor and abide by dues deduction or fair | ||||||
9 | share clauses for the benefit of any exclusive representative, | ||||||
10 | including a successor, shall be a violation of the duty to | ||||||
11 | bargain and an unfair labor practice.
| ||||||
12 | (g) Agreements containing a fair share agreement must | ||||||
13 | safeguard the right
of nonassociation of employees based upon | ||||||
14 | bona fide religious tenets or
teachings of a church or | ||||||
15 | religious body of which such employees are members.
Such | ||||||
16 | employees may be required to pay an amount equal to their fair | ||||||
17 | share,
determined under a lawful fair share agreement, to a | ||||||
18 | nonreligious charitable
organization mutually agreed upon by | ||||||
19 | the employees affected and the exclusive
bargaining | ||||||
20 | representative to which such employees would otherwise pay such
| ||||||
21 | service fee. If the affected employees and the bargaining | ||||||
22 | representative
are unable to reach an agreement on the matter, | ||||||
23 | the Board may establish an
approved list of charitable | ||||||
24 | organizations to which such payments may be made.
| ||||||
25 | (Source: P.A. 97-1172, eff. 4-5-13.)
|
| |||||||
| |||||||
1 | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| ||||||
2 | Sec. 7. Duty to bargain. A public employer and the | ||||||
3 | exclusive representative
have the authority and the duty to | ||||||
4 | bargain collectively set forth in this
Section.
| ||||||
5 | For the purposes of this Act, "to bargain collectively" | ||||||
6 | means the performance
of the mutual obligation of the public | ||||||
7 | employer or his designated
representative and the | ||||||
8 | representative of the public employees to meet at
reasonable | ||||||
9 | times, including meetings in advance of the budget-making | ||||||
10 | process,
and to negotiate in good faith with respect to wages, | ||||||
11 | hours, and other
conditions
of employment, not excluded by | ||||||
12 | Section 4 , Section 4.1, or Section 4.2 of this Act, or the | ||||||
13 | negotiation
of an agreement, or any question arising
thereunder | ||||||
14 | and the execution of a written contract incorporating any | ||||||
15 | agreement
reached if requested by either party, but such | ||||||
16 | obligation does not compel
either party to agree to a proposal | ||||||
17 | or require the making of a concession.
| ||||||
18 | The duty "to bargain collectively" shall also include an | ||||||
19 | obligation to
negotiate over any matter with respect to wages, | ||||||
20 | hours and other conditions
of employment, not specifically | ||||||
21 | provided for in any other law or not specifically
in violation | ||||||
22 | of the provisions
of any law. If any other law pertains, in | ||||||
23 | part, to a matter affecting
the wages, hours and other | ||||||
24 | conditions of employment, such other law shall
not be construed | ||||||
25 | as limiting the duty "to bargain collectively" and to enter
| ||||||
26 | into collective bargaining agreements containing clauses which |
| |||||||
| |||||||
1 | either supplement,
implement, or relate to the effect of such | ||||||
2 | provisions in other laws.
| ||||||
3 | The duty "to bargain collectively" shall also include | ||||||
4 | negotiations
as to the terms of a collective bargaining | ||||||
5 | agreement.
The parties may, by mutual agreement, provide for | ||||||
6 | arbitration of impasses
resulting from their inability to agree | ||||||
7 | upon wages, hours and terms and
conditions of employment to be | ||||||
8 | included in a collective bargaining agreement.
Such | ||||||
9 | arbitration provisions shall be subject to the Illinois | ||||||
10 | "Uniform Arbitration
Act" unless agreed by the parties.
| ||||||
11 | The duty "to bargain collectively" shall also mean that no | ||||||
12 | party to a collective
bargaining contract shall terminate or | ||||||
13 | modify such contract, unless the
party desiring such | ||||||
14 | termination or modification:
| ||||||
15 | (1) serves a written notice upon the other party to the | ||||||
16 | contract of the
proposed termination or modification 60 | ||||||
17 | days prior to the expiration date
thereof, or in the event | ||||||
18 | such contract contains no expiration date, 60 days
prior to | ||||||
19 | the time it is proposed to make such termination or | ||||||
20 | modification;
| ||||||
21 | (2) offers to meet and confer with the other party for | ||||||
22 | the purpose of
negotiating a new contract or a contract | ||||||
23 | containing the proposed modifications;
| ||||||
24 | (3) notifies the Board within 30 days after such notice | ||||||
25 | of the existence
of a dispute, provided no agreement has | ||||||
26 | been reached by that time; and
|
| |||||||
| |||||||
1 | (4) continues in full force and effect, without | ||||||
2 | resorting to strike or
lockout, all the terms and | ||||||
3 | conditions of the existing contract for a period
of 60 days | ||||||
4 | after such notice is given to the other party or until the | ||||||
5 | expiration
date of such contract, whichever occurs later.
| ||||||
6 | The duties imposed upon employers, employees and labor | ||||||
7 | organizations by
paragraphs (2), (3) and (4) shall become | ||||||
8 | inapplicable upon an intervening
certification of the Board, | ||||||
9 | under which the labor organization, which is
a party to the | ||||||
10 | contract, has been superseded as or ceased to be the exclusive
| ||||||
11 | representative
of the employees pursuant to the provisions of | ||||||
12 | subsection (a) of Section
9, and the duties so imposed shall | ||||||
13 | not be construed as requiring either
party to discuss or agree | ||||||
14 | to any modification of the terms and conditions
contained in a | ||||||
15 | contract for a fixed period, if such modification is to become
| ||||||
16 | effective before such terms and conditions can be reopened | ||||||
17 | under the provisions
of the contract.
| ||||||
18 | Collective bargaining for home care and home health workers | ||||||
19 | who function as personal assistants and individual maintenance | ||||||
20 | home health workers
under
the Home Services Program shall be | ||||||
21 | limited to the terms and conditions of
employment
under the | ||||||
22 | State's control, as defined in Public Act 93-204 or this | ||||||
23 | amendatory Act of the 97th General Assembly, as applicable.
| ||||||
24 | Collective bargaining for child and day care home providers | ||||||
25 | under the child care assistance program shall be limited to the | ||||||
26 | terms and conditions of employment under the State's control, |
| |||||||
| |||||||
1 | as defined in this amendatory Act of the 94th General Assembly.
| ||||||
2 | Notwithstanding any other provision of this Section, | ||||||
3 | whenever collective bargaining is for the purpose of | ||||||
4 | establishing an initial agreement following original | ||||||
5 | certification of units with fewer than 35 employees, with | ||||||
6 | respect to public employees other than peace officers, fire | ||||||
7 | fighters, and security employees, the following apply: | ||||||
8 | (1) Not later than 10 days after receiving a written | ||||||
9 | request for collective bargaining from a labor | ||||||
10 | organization that has been newly certified as a | ||||||
11 | representative as defined in Section 6(c), or within such | ||||||
12 | further period as the parties agree upon, the parties shall | ||||||
13 | meet and commence to bargain collectively and shall make | ||||||
14 | every reasonable effort to conclude and sign a collective | ||||||
15 | bargaining agreement. | ||||||
16 | (2) If anytime after the expiration of the 90-day | ||||||
17 | period beginning on the date on which bargaining is | ||||||
18 | commenced the parties have failed to reach an agreement, | ||||||
19 | either party may notify the Illinois Public Labor Relations | ||||||
20 | Board of the existence of a dispute and request mediation | ||||||
21 | in accordance with the provisions of Section 14 of this | ||||||
22 | Act. | ||||||
23 | (3) If after the expiration of the 30-day period | ||||||
24 | beginning on the date on which mediation commenced, or such | ||||||
25 | additional period as the parties may agree upon, the | ||||||
26 | mediator is not able to bring the parties to agreement by |
| |||||||
| |||||||
1 | conciliation, either the exclusive representative of the | ||||||
2 | employees or the employer may request of the other, in | ||||||
3 | writing, arbitration and shall submit a copy of the request | ||||||
4 | to the board. Upon submission of the request for | ||||||
5 | arbitration, the parties shall be required to participate | ||||||
6 | in the impasse arbitration procedures set forth in Section | ||||||
7 | 14 of this Act, except the right to strike shall not be | ||||||
8 | considered waived pursuant to Section 17 of this Act, until | ||||||
9 | the actual convening of the arbitration hearing. | ||||||
10 | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| ||||||
11 | Section 5-10. The Property Tax Code is amended by changing | ||||||
12 | Sections 18-185, 18-205, and 18-214 and by adding Section | ||||||
13 | 18-242 as follows:
| ||||||
14 | (35 ILCS 200/18-185)
| ||||||
15 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
16 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
17 | in this Division 5:
| ||||||
18 | "Consumer Price Index" means the Consumer Price Index for | ||||||
19 | All Urban
Consumers for all items published by the United | ||||||
20 | States Department of Labor.
| ||||||
21 | "Extension limitation" , for levy years prior to 2016, levy | ||||||
22 | year 2018, and all levy years thereafter, means (a) the lesser | ||||||
23 | of 5% or the percentage increase
in the Consumer Price Index | ||||||
24 | during the 12-month calendar year preceding the
levy year or |
| |||||||
| |||||||
1 | (b) the rate of increase approved by voters under Section | ||||||
2 | 18-205.
| ||||||
3 | "Extension limitation", for levy year 2016 and levy year | ||||||
4 | 2017, means (a) 0% or (b) the rate of increase approved by the | ||||||
5 | voters under Section 18-205. | ||||||
6 | "Affected county" means a county of 3,000,000 or more | ||||||
7 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
8 | more inhabitants.
| ||||||
9 | "Taxing district" has the same meaning provided in Section | ||||||
10 | 1-150, except as
otherwise provided in this Section. For the | ||||||
11 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
12 | only each non-home rule taxing district having the
majority of | ||||||
13 | its
1990 equalized assessed value within any county or counties | ||||||
14 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
15 | Beginning with the 1995 levy
year and through the 2015 levy | ||||||
16 | year, and beginning with the 2018 levy year , "taxing district" | ||||||
17 | includes only each non-home rule taxing district
subject to | ||||||
18 | this Law before the 1995 levy year and each non-home rule
| ||||||
19 | taxing district not subject to this Law before the 1995 levy | ||||||
20 | year having the
majority of its 1994 equalized assessed value | ||||||
21 | in an affected county or
counties. Beginning with the levy year | ||||||
22 | in
which this Law becomes applicable to a taxing district as
| ||||||
23 | provided in Section 18-213, "taxing district" also includes | ||||||
24 | those taxing
districts made subject to this Law as provided in | ||||||
25 | Section 18-213.
For the 2016 levy year and the 2017 levy year, | ||||||
26 | "taxing district" means each unit of local government, school |
| |||||||
| |||||||
1 | district, or community college district in the State with the | ||||||
2 | power to levy taxes, including, but not limited to, home rule | ||||||
3 | units and taxing districts that were not subject to this Law | ||||||
4 | prior to the 2016 levy year.
| ||||||
5 | "Aggregate extension" for taxing districts to which this | ||||||
6 | Law applied before
the 1995 levy year means the annual | ||||||
7 | corporate extension for the taxing
district and those special | ||||||
8 | purpose extensions that are made annually for
the taxing | ||||||
9 | district, excluding special purpose extensions: (a) made for | ||||||
10 | the
taxing district to pay interest or principal on general | ||||||
11 | obligation bonds
that were approved by referendum; (b) made for | ||||||
12 | any taxing district to pay
interest or principal on general | ||||||
13 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
14 | any taxing district to pay interest or principal on bonds
| ||||||
15 | issued to refund or continue to refund those bonds issued | ||||||
16 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
17 | interest or principal on bonds
issued to refund or continue to | ||||||
18 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
19 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
20 | principal on revenue bonds issued before October 1, 1991 for | ||||||
21 | payment of
which a property tax levy or the full faith and | ||||||
22 | credit of the unit of local
government is pledged; however, a | ||||||
23 | tax for the payment of interest or principal
on those bonds | ||||||
24 | shall be made only after the governing body of the unit of | ||||||
25 | local
government finds that all other sources for payment are | ||||||
26 | insufficient to make
those payments; (f) made for payments |
| |||||||
| |||||||
1 | under a building commission lease when
the lease payments are | ||||||
2 | for the retirement of bonds issued by the commission
before | ||||||
3 | October 1, 1991, to pay for the building project; (g) made for | ||||||
4 | payments
due under installment contracts entered into before | ||||||
5 | October 1, 1991;
(h) made for payments of principal and | ||||||
6 | interest on bonds issued under the
Metropolitan Water | ||||||
7 | Reclamation District Act to finance construction projects
| ||||||
8 | initiated before October 1, 1991; (i) made for payments of | ||||||
9 | principal and
interest on limited bonds, as defined in Section | ||||||
10 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
11 | exceed the debt service extension base less
the amount in items | ||||||
12 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
13 | obligations, except obligations initially issued pursuant to
| ||||||
14 | referendum; (j) made for payments of principal and interest on | ||||||
15 | bonds
issued under Section 15 of the Local Government Debt | ||||||
16 | Reform Act; (k)
made
by a school district that participates in | ||||||
17 | the Special Education District of
Lake County, created by | ||||||
18 | special education joint agreement under Section
10-22.31 of the | ||||||
19 | School Code, for payment of the school district's share of the
| ||||||
20 | amounts required to be contributed by the Special Education | ||||||
21 | District of Lake
County to the Illinois Municipal Retirement | ||||||
22 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
23 | of any extension under this item (k) shall be
certified by the | ||||||
24 | school district to the county clerk; (l) made to fund
expenses | ||||||
25 | of providing joint recreational programs for the handicapped | ||||||
26 | under
Section 5-8 of
the
Park District Code or Section 11-95-14 |
| |||||||
| |||||||
1 | of the Illinois Municipal Code; (m) made for temporary | ||||||
2 | relocation loan repayment purposes pursuant to Sections 2-3.77 | ||||||
3 | and 17-2.2d of the School Code; (n) made for payment of | ||||||
4 | principal and interest on any bonds issued under the authority | ||||||
5 | of Section 17-2.2d of the School Code; (o) made for | ||||||
6 | contributions to a firefighter's pension fund created under | ||||||
7 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
8 | amount certified under item (5) of Section 4-134 of the | ||||||
9 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
10 | first year after a township assumes the rights, powers, duties, | ||||||
11 | assets, property, liabilities, obligations, and
| ||||||
12 | responsibilities of a road district abolished under the | ||||||
13 | provisions of Section 6-133 of the Illinois Highway Code.
| ||||||
14 | "Aggregate extension" for the taxing districts to which | ||||||
15 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
16 | districts subject to this Law
in
accordance with Section 18-213 | ||||||
17 | or this amendatory Act of the 99th General Assembly ) means the | ||||||
18 | annual corporate extension for the
taxing district and those | ||||||
19 | special purpose extensions that are made annually for
the | ||||||
20 | taxing district, excluding special purpose extensions: (a) | ||||||
21 | made for the
taxing district to pay interest or principal on | ||||||
22 | general obligation bonds that
were approved by referendum; (b) | ||||||
23 | made for any taxing district to pay interest
or principal on | ||||||
24 | general obligation bonds issued before March 1, 1995; (c) made
| ||||||
25 | for any taxing district to pay interest or principal on bonds | ||||||
26 | issued to refund
or continue to refund those bonds issued |
| |||||||
| |||||||
1 | before March 1, 1995; (d) made for any
taxing district to pay | ||||||
2 | interest or principal on bonds issued to refund or
continue to | ||||||
3 | refund bonds issued after March 1, 1995 that were approved by
| ||||||
4 | referendum; (e) made for any taxing district to pay interest or | ||||||
5 | principal on
revenue bonds issued before March 1, 1995 for | ||||||
6 | payment of which a property tax
levy or the full faith and | ||||||
7 | credit of the unit of local government is pledged;
however, a | ||||||
8 | tax for the payment of interest or principal on those bonds | ||||||
9 | shall be
made only after the governing body of the unit of | ||||||
10 | local government finds that
all other sources for payment are | ||||||
11 | insufficient to make those payments; (f) made
for payments | ||||||
12 | under a building commission lease when the lease payments are | ||||||
13 | for
the retirement of bonds issued by the commission before | ||||||
14 | March 1, 1995 to
pay for the building project; (g) made for | ||||||
15 | payments due under installment
contracts entered into before | ||||||
16 | March 1, 1995; (h) made for payments of
principal and interest | ||||||
17 | on bonds issued under the Metropolitan Water Reclamation
| ||||||
18 | District Act to finance construction projects initiated before | ||||||
19 | October 1,
1991; (h-4) made for stormwater management purposes | ||||||
20 | by the Metropolitan Water Reclamation District of Greater | ||||||
21 | Chicago under Section 12 of the Metropolitan Water Reclamation | ||||||
22 | District Act; (i) made for payments of principal and interest | ||||||
23 | on limited bonds,
as defined in Section 3 of the Local | ||||||
24 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
25 | service extension base less the amount in items (b),
(c), and | ||||||
26 | (e) of this definition for non-referendum obligations, except
|
| |||||||
| |||||||
1 | obligations initially issued pursuant to referendum and bonds | ||||||
2 | described in
subsection (h) of this definition; (j) made for | ||||||
3 | payments of
principal and interest on bonds issued under | ||||||
4 | Section 15 of the Local Government
Debt Reform Act; (k) made | ||||||
5 | for payments of principal and interest on bonds
authorized by | ||||||
6 | Public Act 88-503 and issued under Section 20a of the Chicago
| ||||||
7 | Park District Act for aquarium or
museum projects; (l) made for | ||||||
8 | payments of principal and interest on
bonds
authorized by | ||||||
9 | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section | ||||||
10 | 21.2 of the Cook County Forest
Preserve District Act, (ii) | ||||||
11 | issued under Section 42 of the Cook County
Forest Preserve | ||||||
12 | District Act for zoological park projects, or (iii) issued
| ||||||
13 | under Section 44.1 of the Cook County Forest Preserve District | ||||||
14 | Act for
botanical gardens projects; (m) made
pursuant
to | ||||||
15 | Section 34-53.5 of the School Code, whether levied annually or | ||||||
16 | not;
(n) made to fund expenses of providing joint recreational | ||||||
17 | programs for the
handicapped under Section 5-8 of the Park
| ||||||
18 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
19 | Code;
(o) made by the
Chicago Park
District for recreational | ||||||
20 | programs for the handicapped under subsection (c) of
Section
| ||||||
21 | 7.06 of the Chicago Park District Act; (p) made for | ||||||
22 | contributions to a firefighter's pension fund created under | ||||||
23 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
24 | amount certified under item (5) of Section 4-134 of the | ||||||
25 | Illinois Pension Code; and (q) made by Ford Heights School | ||||||
26 | District 169 under Section 17-9.02 of the School Code.
|
| |||||||
| |||||||
1 | "Aggregate extension" for all taxing districts to which | ||||||
2 | this Law applies in
accordance with Section 18-213, except for | ||||||
3 | those taxing districts subject to
paragraph (2) of subsection | ||||||
4 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
5 | the
taxing district and those special purpose extensions that | ||||||
6 | are made annually for
the taxing district, excluding special | ||||||
7 | purpose extensions: (a) made for the
taxing district to pay | ||||||
8 | interest or principal on general obligation bonds that
were | ||||||
9 | approved by referendum; (b) made for any taxing district to pay | ||||||
10 | interest
or principal on general obligation bonds issued before | ||||||
11 | the date on which the
referendum making this
Law applicable to | ||||||
12 | the taxing district is held; (c) made
for any taxing district | ||||||
13 | to pay interest or principal on bonds issued to refund
or | ||||||
14 | continue to refund those bonds issued before the date on which | ||||||
15 | the
referendum making this Law
applicable to the taxing | ||||||
16 | district is held;
(d) made for any
taxing district to pay | ||||||
17 | interest or principal on bonds issued to refund or
continue to | ||||||
18 | refund bonds issued after the date on which the referendum | ||||||
19 | making
this Law
applicable to the taxing district is held if | ||||||
20 | the bonds were approved by
referendum after the date on which | ||||||
21 | the referendum making this Law
applicable to the taxing | ||||||
22 | district is held; (e) made for any
taxing district to pay | ||||||
23 | interest or principal on
revenue bonds issued before the date | ||||||
24 | on which the referendum making this Law
applicable to the
| ||||||
25 | taxing district is held for payment of which a property tax
| ||||||
26 | levy or the full faith and credit of the unit of local |
| |||||||
| |||||||
1 | government is pledged;
however, a tax for the payment of | ||||||
2 | interest or principal on those bonds shall be
made only after | ||||||
3 | the governing body of the unit of local government finds that
| ||||||
4 | all other sources for payment are insufficient to make those | ||||||
5 | payments; (f) made
for payments under a building commission | ||||||
6 | lease when the lease payments are for
the retirement of bonds | ||||||
7 | issued by the commission before the date on which the
| ||||||
8 | referendum making this
Law applicable to the taxing district is | ||||||
9 | held to
pay for the building project; (g) made for payments due | ||||||
10 | under installment
contracts entered into before the date on | ||||||
11 | which the referendum making this Law
applicable to
the taxing | ||||||
12 | district is held;
(h) made for payments
of principal and | ||||||
13 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
14 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
15 | service extension base less the amount in items (b),
(c), and | ||||||
16 | (e) of this definition for non-referendum obligations, except
| ||||||
17 | obligations initially issued pursuant to referendum; (i) made | ||||||
18 | for payments
of
principal and interest on bonds issued under | ||||||
19 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
20 | for a qualified airport authority to pay interest or principal | ||||||
21 | on
general obligation bonds issued for the purpose of paying | ||||||
22 | obligations due
under, or financing airport facilities | ||||||
23 | required to be acquired, constructed,
installed or equipped | ||||||
24 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
25 | not including any amendments to such a contract taking effect | ||||||
26 | on
or after that date); (k) made to fund expenses of providing |
| |||||||
| |||||||
1 | joint
recreational programs for the handicapped under Section | ||||||
2 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
3 | Illinois Municipal Code; (l) made for contributions to a | ||||||
4 | firefighter's pension fund created under Article 4 of the | ||||||
5 | Illinois Pension Code, to the extent of the amount certified | ||||||
6 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
7 | and (m) made for the taxing district to pay interest or | ||||||
8 | principal on general obligation bonds issued pursuant to | ||||||
9 | Section 19-3.10 of the School Code.
| ||||||
10 | "Aggregate extension" for all taxing districts to which | ||||||
11 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
12 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
13 | the
taxing district and those special purpose extensions that | ||||||
14 | are made annually for
the taxing district, excluding special | ||||||
15 | purpose extensions: (a) made for the
taxing district to pay | ||||||
16 | interest or principal on general obligation bonds that
were | ||||||
17 | approved by referendum; (b) made for any taxing district to pay | ||||||
18 | interest
or principal on general obligation bonds issued before | ||||||
19 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
20 | any taxing district to pay interest or principal on bonds | ||||||
21 | issued to refund
or continue to refund those bonds issued | ||||||
22 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
23 | made for any
taxing district to pay interest or principal on | ||||||
24 | bonds issued to refund or
continue to refund bonds issued after | ||||||
25 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
26 | were approved by referendum after the effective date of
this |
| |||||||
| |||||||
1 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
2 | interest or principal on
revenue bonds issued before the | ||||||
3 | effective date of this amendatory Act of 1997
for payment of | ||||||
4 | which a property tax
levy or the full faith and credit of the | ||||||
5 | unit of local government is pledged;
however, a tax for the | ||||||
6 | payment of interest or principal on those bonds shall be
made | ||||||
7 | only after the governing body of the unit of local government | ||||||
8 | finds that
all other sources for payment are insufficient to | ||||||
9 | make those payments; (f) made
for payments under a building | ||||||
10 | commission lease when the lease payments are for
the retirement | ||||||
11 | of bonds issued by the commission before the effective date
of | ||||||
12 | this amendatory Act of 1997
to
pay for the building project; | ||||||
13 | (g) made for payments due under installment
contracts entered | ||||||
14 | into before the effective date of this amendatory Act of
1997;
| ||||||
15 | (h) made for payments
of principal and interest on limited | ||||||
16 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
17 | Reform Act, in an amount
not to exceed the debt service | ||||||
18 | extension base less the amount in items (b),
(c), and (e) of | ||||||
19 | this definition for non-referendum obligations, except
| ||||||
20 | obligations initially issued pursuant to referendum; (i) made | ||||||
21 | for payments
of
principal and interest on bonds issued under | ||||||
22 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
23 | for a qualified airport authority to pay interest or principal | ||||||
24 | on
general obligation bonds issued for the purpose of paying | ||||||
25 | obligations due
under, or financing airport facilities | ||||||
26 | required to be acquired, constructed,
installed or equipped |
| |||||||
| |||||||
1 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
2 | not including any amendments to such a contract taking effect | ||||||
3 | on
or after that date); (k) made to fund expenses of providing | ||||||
4 | joint
recreational programs for the handicapped under Section | ||||||
5 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
6 | Illinois Municipal Code; and (l) made for contributions to a | ||||||
7 | firefighter's pension fund created under Article 4 of the | ||||||
8 | Illinois Pension Code, to the extent of the amount certified | ||||||
9 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
10 | "Aggregate extension" for all taxing districts to which | ||||||
11 | this Law did not apply before the 2016 levy year means for levy | ||||||
12 | years 2016 and 2017, the annual corporate extension for the | ||||||
13 | taxing district and those special purpose extensions that are | ||||||
14 | made annually for the taxing district, excluding special | ||||||
15 | purpose extensions: (a) made for the taxing district to pay | ||||||
16 | interest or principal on general obligation bonds that were | ||||||
17 | approved by referendum; (b) made for any taxing district to pay | ||||||
18 | interest or principal on general obligation bonds issued before | ||||||
19 | March 1, 2016; (c) made for any taxing district to pay interest | ||||||
20 | or principal on bonds issued to refund or continue to refund | ||||||
21 | those bonds issued before March 1, 2016; (d) made for any | ||||||
22 | taxing district to pay interest or principal on bonds issued to | ||||||
23 | refund or continue to refund bonds issued after February 28, | ||||||
24 | 2016 that were approved by referendum; (e) made for any taxing | ||||||
25 | district to pay interest or principal on revenue bonds issued | ||||||
26 | before March 1, 2016 for payment of which a property tax levy |
| |||||||
| |||||||
1 | or the full faith and credit of the unit of local government is | ||||||
2 | pledged; however, a tax for the payment of interest or | ||||||
3 | principal on those bonds shall be made only after the governing | ||||||
4 | body of the unit of local government finds that all other | ||||||
5 | sources for payment are insufficient to make those payments; | ||||||
6 | (f) made for payments under a building commission lease when | ||||||
7 | the lease payments are for the retirement of bonds issued by | ||||||
8 | the commission before March 1, 2016 to pay for the building | ||||||
9 | project; (g) made for payments due under installment contracts | ||||||
10 | entered into before March 1, 2016; (h) made for payments of | ||||||
11 | principal and interest on limited bonds, as defined in Section | ||||||
12 | 3 of the Local Government Debt Reform Act, in an amount not to | ||||||
13 | exceed the debt service extension base less the amount in items | ||||||
14 | (b), (c), and (e) of this definition for non-referendum | ||||||
15 | obligations, except obligations initially issued pursuant to | ||||||
16 | referendum; (i) made for payments of principal and interest on | ||||||
17 | bonds issued under Section 15 of the Local Government Debt | ||||||
18 | Reform Act; (j) made to fund expenses of providing joint | ||||||
19 | recreational programs for the handicapped under Section 5-8 of | ||||||
20 | the Park District Code or Section 11-95-14 of the Illinois | ||||||
21 | Municipal Code; (k) made for temporary relocation loan | ||||||
22 | repayment purposes pursuant to Sections 2-3.77 and 17-2.2d of | ||||||
23 | the School Code; (l) made for payment of principal and interest | ||||||
24 | on any bonds issued under the authority of Section 17-2.2d of | ||||||
25 | the School Code; and (m) made for contributions to a | ||||||
26 | firefighter's pension fund created under Article 4 of the |
| |||||||
| |||||||
1 | Illinois Pension Code, to the extent of the amount certified | ||||||
2 | under item (5) of Section 4-134 of the Illinois Pension Code. | ||||||
3 | "Debt service extension base" means an amount equal to that | ||||||
4 | portion of the
extension for a taxing district for the 1994 | ||||||
5 | levy year, or for those taxing
districts subject to this Law in | ||||||
6 | accordance with Section 18-213, except for
those subject to | ||||||
7 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
8 | year in which the referendum making this Law applicable to the | ||||||
9 | taxing district
is held, or for those taxing districts subject | ||||||
10 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
11 | of Section 18-213 for the 1996 levy year, or for those taxing | ||||||
12 | districts to which this Law did not apply before the 2016 levy | ||||||
13 | year for the 2015 levy year,
constituting an
extension for | ||||||
14 | payment of principal and interest on bonds issued by the taxing
| ||||||
15 | district without referendum, but not including excluded | ||||||
16 | non-referendum bonds. For park districts (i) that were first
| ||||||
17 | subject to this Law in 1991 or 1995 and (ii) whose extension | ||||||
18 | for the 1994 levy
year for the payment of principal and | ||||||
19 | interest on bonds issued by the park
district without | ||||||
20 | referendum (but not including excluded non-referendum bonds)
| ||||||
21 | was less than 51% of the amount for the 1991 levy year | ||||||
22 | constituting an
extension for payment of principal and interest | ||||||
23 | on bonds issued by the park
district without referendum (but | ||||||
24 | not including excluded non-referendum bonds),
"debt service | ||||||
25 | extension base" means an amount equal to that portion of the
| ||||||
26 | extension for the 1991 levy year constituting an extension for |
| |||||||
| |||||||
1 | payment of
principal and interest on bonds issued by the park | ||||||
2 | district without referendum
(but not including excluded | ||||||
3 | non-referendum bonds). A debt service extension base | ||||||
4 | established or increased at any time pursuant to any provision | ||||||
5 | of this Law, except Section 18-212, shall be increased each | ||||||
6 | year commencing with the later of (i) the 2009 levy year or | ||||||
7 | (ii) the first levy year in which this Law becomes applicable | ||||||
8 | to the taxing district, by the lesser of 5% or the percentage | ||||||
9 | increase in the Consumer Price Index during the 12-month | ||||||
10 | calendar year preceding the levy year. The debt service | ||||||
11 | extension
base may be established or increased as provided | ||||||
12 | under Section 18-212.
"Excluded non-referendum bonds" means | ||||||
13 | (i) bonds authorized by Public
Act 88-503 and issued under | ||||||
14 | Section 20a of the Chicago Park District Act for
aquarium and | ||||||
15 | museum projects; (ii) bonds issued under Section 15 of the
| ||||||
16 | Local Government Debt Reform Act; or (iii) refunding | ||||||
17 | obligations issued
to refund or to continue to refund | ||||||
18 | obligations initially issued pursuant to
referendum.
| ||||||
19 | "Special purpose extensions" include, but are not limited | ||||||
20 | to, extensions
for levies made on an annual basis for | ||||||
21 | unemployment and workers'
compensation, self-insurance, | ||||||
22 | contributions to pension plans, and extensions
made pursuant to | ||||||
23 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
24 | district's permanent road fund whether levied annually or not. | ||||||
25 | The
extension for a special service area is not included in the
| ||||||
26 | aggregate extension.
|
| |||||||
| |||||||
1 | "Aggregate extension base" means the taxing district's | ||||||
2 | last preceding
aggregate extension as adjusted under Sections | ||||||
3 | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | ||||||
4 | shall be made for the 2007 levy year and all subsequent levy | ||||||
5 | years whenever one or more counties within which a taxing | ||||||
6 | district is located (i) used estimated valuations or rates when | ||||||
7 | extending taxes in the taxing district for the last preceding | ||||||
8 | levy year that resulted in the over or under extension of | ||||||
9 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
10 | last preceding levy year as required by Section 18-135(c). | ||||||
11 | Whenever an adjustment is required under Section 18-135, the | ||||||
12 | aggregate extension base of the taxing district shall be equal | ||||||
13 | to the amount that the aggregate extension of the taxing | ||||||
14 | district would have been for the last preceding levy year if | ||||||
15 | either or both (i) actual, rather than estimated, valuations or | ||||||
16 | rates had been used to calculate the extension of taxes for the | ||||||
17 | last levy year, or (ii) the tax extension for the last | ||||||
18 | preceding levy year had not been adjusted as required by | ||||||
19 | subsection (c) of Section 18-135.
| ||||||
20 | Notwithstanding any other provision of law, for levy year | ||||||
21 | 2012, the aggregate extension base for West Northfield School | ||||||
22 | District No. 31 in Cook County shall be $12,654,592. | ||||||
23 | "Levy year" has the same meaning as "year" under Section
| ||||||
24 | 1-155.
| ||||||
25 | "New property" means (i) the assessed value, after final | ||||||
26 | board of review or
board of appeals action, of new improvements |
| |||||||
| |||||||
1 | or additions to existing
improvements on any parcel of real | ||||||
2 | property that increase the assessed value of
that real property | ||||||
3 | during the levy year multiplied by the equalization factor
| ||||||
4 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
5 | value, after
final board of review or board of appeals action, | ||||||
6 | of real property not exempt
from real estate taxation, which | ||||||
7 | real property was exempt from real estate
taxation for any | ||||||
8 | portion of the immediately preceding levy year, multiplied by
| ||||||
9 | the equalization factor issued by the Department under Section | ||||||
10 | 17-30, including the assessed value, upon final stabilization | ||||||
11 | of occupancy after new construction is complete, of any real | ||||||
12 | property located within the boundaries of an otherwise or | ||||||
13 | previously exempt military reservation that is intended for | ||||||
14 | residential use and owned by or leased to a private corporation | ||||||
15 | or other entity,
(iii) in counties that classify in accordance | ||||||
16 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
17 | incentive property's additional assessed value
resulting from | ||||||
18 | a
scheduled increase in the level of assessment as applied to | ||||||
19 | the first year
final board of
review market value, and (iv) any | ||||||
20 | increase in assessed value due to oil or gas production from an | ||||||
21 | oil or gas well required to be permitted under the Hydraulic | ||||||
22 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
23 | for during the previous levy year.
In addition, the county | ||||||
24 | clerk in a county containing a population of
3,000,000 or more | ||||||
25 | shall include in the 1997
recovered tax increment value for any | ||||||
26 | school district, any recovered tax
increment value that was |
| |||||||
| |||||||
1 | applicable to the 1995 tax year calculations.
| ||||||
2 | "Qualified airport authority" means an airport authority | ||||||
3 | organized under
the Airport Authorities Act and located in a | ||||||
4 | county bordering on the State of
Wisconsin and having a | ||||||
5 | population in excess of 200,000 and not greater than
500,000.
| ||||||
6 | "Recovered tax increment value" means, except as otherwise | ||||||
7 | provided in this
paragraph, the amount of the current year's | ||||||
8 | equalized assessed value, in the
first year after a | ||||||
9 | municipality terminates
the designation of an area as a | ||||||
10 | redevelopment project area previously
established under the | ||||||
11 | Tax Increment Allocation Development Act in the Illinois
| ||||||
12 | Municipal Code, previously established under the Industrial | ||||||
13 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
14 | established under the Economic Development Project Area Tax | ||||||
15 | Increment Act of 1995, or previously established under the | ||||||
16 | Economic
Development Area Tax Increment Allocation Act, of each | ||||||
17 | taxable lot, block,
tract, or parcel of real property in the | ||||||
18 | redevelopment project area over and
above the initial equalized | ||||||
19 | assessed value of each property in the
redevelopment project | ||||||
20 | area.
For the taxes which are extended for the 1997 levy year, | ||||||
21 | the recovered tax
increment value for a non-home rule taxing | ||||||
22 | district that first became subject
to this Law for the 1995 | ||||||
23 | levy year because a majority of its 1994 equalized
assessed | ||||||
24 | value was in an affected county or counties shall be increased | ||||||
25 | if a
municipality terminated the designation of an area in 1993 | ||||||
26 | as a redevelopment
project area previously established under |
| |||||||
| |||||||
1 | the Tax Increment Allocation
Development Act in the Illinois | ||||||
2 | Municipal Code, previously established under
the Industrial | ||||||
3 | Jobs Recovery Law in the Illinois Municipal Code, or previously
| ||||||
4 | established under the Economic Development Area Tax Increment | ||||||
5 | Allocation Act,
by an amount equal to the 1994 equalized | ||||||
6 | assessed value of each taxable lot,
block, tract, or parcel of | ||||||
7 | real property in the redevelopment project area over
and above | ||||||
8 | the initial equalized assessed value of each property in the
| ||||||
9 | redevelopment project area.
In the first year after a | ||||||
10 | municipality
removes a taxable lot, block, tract, or parcel of | ||||||
11 | real property from a
redevelopment project area established | ||||||
12 | under the Tax Increment Allocation
Development Act in the | ||||||
13 | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | ||||||
14 | the Illinois Municipal Code, or the Economic
Development Area | ||||||
15 | Tax Increment Allocation Act, "recovered tax increment value"
| ||||||
16 | means the amount of the current year's equalized assessed value | ||||||
17 | of each taxable
lot, block, tract, or parcel of real property | ||||||
18 | removed from the redevelopment
project area over and above the | ||||||
19 | initial equalized assessed value of that real
property before | ||||||
20 | removal from the redevelopment project area.
| ||||||
21 | Except as otherwise provided in this Section, "limiting | ||||||
22 | rate" means a
fraction the numerator of which is the last
| ||||||
23 | preceding aggregate extension base times an amount equal to one | ||||||
24 | plus the
extension limitation defined in this Section and the | ||||||
25 | denominator of which
is the current year's equalized assessed | ||||||
26 | value of all real property in the
territory under the |
| |||||||
| |||||||
1 | jurisdiction of the taxing district during the prior
levy year. | ||||||
2 | For those taxing districts that reduced their aggregate
| ||||||
3 | extension for the last preceding levy year, the highest | ||||||
4 | aggregate extension
in any of the last 3 preceding levy years | ||||||
5 | shall be used for the purpose of
computing the limiting rate. | ||||||
6 | The denominator shall not include new
property or the recovered | ||||||
7 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
8 | limiting rate increase has been approved at an election held | ||||||
9 | after March 21, 2006, then (i) the otherwise applicable | ||||||
10 | limiting rate shall be increased by the amount of the new rate | ||||||
11 | or shall be reduced by the amount of the rate decrease, as the | ||||||
12 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
13 | the limiting rate shall be equal to the rate set forth
in the | ||||||
14 | proposition approved by the voters for each of the years | ||||||
15 | specified in the proposition, after
which the limiting rate of | ||||||
16 | the taxing district shall be calculated as otherwise provided. | ||||||
17 | In the case of a taxing district that obtained referendum | ||||||
18 | approval for an increased limiting rate on March 20, 2012, the | ||||||
19 | limiting rate for tax year 2012 shall be the rate that | ||||||
20 | generates the approximate total amount of taxes extendable for | ||||||
21 | that tax year, as set forth in the proposition approved by the | ||||||
22 | voters; this rate shall be the final rate applied by the county | ||||||
23 | clerk for the aggregate of all capped funds of the district for | ||||||
24 | tax year 2012.
| ||||||
25 | (Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6, | ||||||
26 | eff. 3-29-13; 98-23, eff. 6-17-13.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/18-205)
| ||||||
2 | Sec. 18-205. Referendum to increase the extension | ||||||
3 | limitation. A taxing
district is limited to an extension | ||||||
4 | limitation as defined in Section 18-185 of 5% or the percentage | ||||||
5 | increase
in the Consumer Price Index during the 12-month | ||||||
6 | calendar year preceding the
levy year, whichever is less . A | ||||||
7 | taxing district may increase its extension
limitation for one | ||||||
8 | or more levy years if that taxing district holds a referendum
| ||||||
9 | before the levy date for the first levy year at which a | ||||||
10 | majority of voters voting on the issue approves
adoption of a | ||||||
11 | higher extension limitation. Referenda shall be conducted at a
| ||||||
12 | regularly scheduled election in accordance with the Election | ||||||
13 | Code. For referenda to increase the extension limitation for | ||||||
14 | levy years prior to 2016, for levy year 2018, or for any levy | ||||||
15 | year thereafter, the The question shall be presented in
| ||||||
16 | substantially the following manner for all elections held after | ||||||
17 | March 21, 2006 :
| ||||||
18 | Shall the extension limitation under the Property Tax | ||||||
19 | Extension Limitation Law for (insert the legal name, | ||||||
20 | number, if any, and county or counties of the taxing | ||||||
21 | district and geographic or other common name by which a | ||||||
22 | school or community college district is known and referred | ||||||
23 | to), Illinois, be increased from the lesser of 5% or the | ||||||
24 | percentage increase in the Consumer Price Index over the | ||||||
25 | prior levy year to (insert the percentage of the proposed |
| |||||||
| |||||||
1 | increase)% per year for (insert each levy year for which | ||||||
2 | the increased extension limitation will apply)? | ||||||
3 | For referenda to increase the extension limitation for levy | ||||||
4 | year 2016 or levy year 2017, the question shall be presented in | ||||||
5 | substantially the following manner: | ||||||
6 | Shall the extension limitation under the Property Tax | ||||||
7 | Extension Limitation Law for (insert the legal name, | ||||||
8 | number, if any, and county or counties of the taxing | ||||||
9 | district and geographic or other common name by which a | ||||||
10 | school or community college district is known and referred | ||||||
11 | to), Illinois, be increased from (insert extension | ||||||
12 | limitation under Section 18-185 for the applicable levy | ||||||
13 | year) to (insert the percentage of the proposed increase)% | ||||||
14 | per year for (insert each levy year for which the increased | ||||||
15 | extension limitation will apply)? | ||||||
16 | The votes must be recorded as "Yes" or "No".
| ||||||
17 | If a majority of voters voting on the issue approves the | ||||||
18 | adoption of
the increase, the increase shall be applicable for | ||||||
19 | each
levy year specified.
| ||||||
20 | The ballot for any question submitted pursuant to this | ||||||
21 | Section shall have printed thereon, but not as a part of the | ||||||
22 | question submitted, only the following supplemental | ||||||
23 | information (which shall be supplied to the election authority | ||||||
24 | by the taxing district) in substantially the following form: | ||||||
25 | (1) For the (insert the first levy year for which the | ||||||
26 | increased extension
limitation will be applicable) levy |
| |||||||
| |||||||
1 | year the approximate amount of the additional tax
| ||||||
2 | extendable against property containing a single family | ||||||
3 | residence and having a fair market
value at the time of the | ||||||
4 | referendum of $100,000 is estimated to be $.... | ||||||
5 | (2) Based upon an average annual percentage increase | ||||||
6 | (or decrease) in the
market value of such property of ...% | ||||||
7 | (insert percentage equal to the average
annual percentage | ||||||
8 | increase or decrease for the prior 3 levy years, at the | ||||||
9 | time the
submission of the question is initiated by the | ||||||
10 | taxing district, in the amount of (A) the
equalized | ||||||
11 | assessed value of the taxable property in the taxing | ||||||
12 | district less (B) the new
property included in the | ||||||
13 | equalized assessed value), the approximate amount of the
| ||||||
14 | additional tax extendable against such property for the ... | ||||||
15 | levy year is estimated to be
$... and for the ... levy year | ||||||
16 | is estimated to be $.... | ||||||
17 | Paragraph (2) shall be included only if the increased | ||||||
18 | extension limitation will be applicable for more than one year | ||||||
19 | and shall list each levy year for which the increased extension | ||||||
20 | limitation will be applicable. The additional tax shown for | ||||||
21 | each levy year shall be the approximate dollar amount of the | ||||||
22 | increase over the amount of the most recently completed | ||||||
23 | extension at the time the submission of the question is | ||||||
24 | initiated by the taxing district. The approximate amount of the | ||||||
25 | additional tax extendable shown in paragraphs (1) and (2) shall | ||||||
26 | be calculated by multiplying $100,000 (the fair market value of |
| |||||||
| |||||||
1 | the property without regard to any property tax exemptions) by | ||||||
2 | (i) the percentage level of assessment prescribed for that | ||||||
3 | property by statute, or by ordinance of the county board in | ||||||
4 | counties that classify property for purposes of taxation in | ||||||
5 | accordance with Section 4 of Article IX of the Illinois | ||||||
6 | Constitution; (ii) the most recent final equalization factor | ||||||
7 | certified to the county clerk by the Department of Revenue at | ||||||
8 | the time the taxing district initiates the submission of the | ||||||
9 | proposition to the electors; (iii) the last known aggregate | ||||||
10 | extension base of the taxing district at the time the | ||||||
11 | submission of the question is initiated by the taxing district; | ||||||
12 | and (iv) the difference between the percentage increase | ||||||
13 | proposed in the question and (A) for levy years prior to 2016 | ||||||
14 | and for levy year 2018 and thereafter, the lesser of 5% or the | ||||||
15 | percentage increase in the Consumer Price Index for the prior | ||||||
16 | levy year (or an estimate of the percentage increase for the | ||||||
17 | prior levy year if the increase is unavailable at the time the | ||||||
18 | submission of the question is initiated by the taxing | ||||||
19 | district) , or (B) for levy years 2016 and 2017, 0% ; and | ||||||
20 | dividing the result by the last known equalized assessed value | ||||||
21 | of the taxing district at the time the submission of the | ||||||
22 | question is initiated by the taxing district. This amendatory | ||||||
23 | Act of the 97th General Assembly is intended to clarify the | ||||||
24 | existing requirements of this Section, and shall not be | ||||||
25 | construed to validate any prior non-compliant referendum | ||||||
26 | language. Any notice required to be published in connection |
| |||||||
| |||||||
1 | with the submission of the question shall also contain this | ||||||
2 | supplemental information and shall not contain any other | ||||||
3 | supplemental information. Any error, miscalculation, or | ||||||
4 | inaccuracy in computing any amount set forth on the ballot or | ||||||
5 | in the notice that is not deliberate shall not invalidate or | ||||||
6 | affect the validity of any proposition approved. Notice of the | ||||||
7 | referendum shall be published and posted as otherwise required | ||||||
8 | by law, and the submission of the question shall be initiated | ||||||
9 | as provided by law.
| ||||||
10 | (Source: P.A. 97-1087, eff. 8-24-12.)
| ||||||
11 | (35 ILCS 200/18-214)
| ||||||
12 | Sec. 18-214.
Referenda on removal of the applicability of | ||||||
13 | the Property Tax
Extension Limitation Law to non-home rule | ||||||
14 | taxing districts.
| ||||||
15 | (a) The provisions of this Section do not apply to a taxing | ||||||
16 | district that is
subject to this Law because a majority of its | ||||||
17 | 1990 equalized assessed value is
in a county or counties | ||||||
18 | contiguous to a county of 3,000,000 or more
inhabitants, or | ||||||
19 | because a majority of its 1994 equalized assessed value is in
| ||||||
20 | an
affected county and the taxing district was not subject to | ||||||
21 | this Law before the
1995 levy year.
| ||||||
22 | (b) For purposes of this Section only:
| ||||||
23 | "Taxing district" means any non-home rule taxing district | ||||||
24 | that became subject
to this Law under Section 18-213 of this | ||||||
25 | Law.
|
| |||||||
| |||||||
1 | "Equalized assessed valuation" means the equalized | ||||||
2 | assessed valuation for a
taxing district for the immediately | ||||||
3 | preceding levy year.
| ||||||
4 | (c) The county board of a county that became subject to | ||||||
5 | this Law by a
referendum approved by the voters of the county | ||||||
6 | under Section 18-213 may, by
ordinance or resolution, in the | ||||||
7 | manner set forth in this Section, submit to the
voters of the | ||||||
8 | county the question of whether this Law applies to all non-home
| ||||||
9 | rule taxing
districts that have all or a portion of their | ||||||
10 | equalized assessed valuation
situated in the county in the | ||||||
11 | manner set forth in this Section.
| ||||||
12 | (d) The ordinance or resolution shall request the | ||||||
13 | submission of the
proposition at any election, except a | ||||||
14 | consolidated primary election, for the
purpose of voting for or | ||||||
15 | against the continued application of the Property Tax
Extension | ||||||
16 | Limitation Law to all non-home rule taxing districts that have | ||||||
17 | all or
a portion of their equalized assessed valuation situated | ||||||
18 | in the county.
| ||||||
19 | The question shall be placed on a separate ballot and shall | ||||||
20 | be in
substantially the following form:
| ||||||
21 | Shall
the Property Tax
Extension Limitation Law (35 | ||||||
22 | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits | ||||||
23 | annual property tax extension increases, apply to non-home | ||||||
24 | rule taxing
districts with all or a portion of their | ||||||
25 | equalized assessed valuation located
in (name of county)?
| ||||||
26 | Votes on the question shall be recorded as "yes" or "no".
|
| |||||||
| |||||||
1 | (e) The county clerk shall order the proposition submitted | ||||||
2 | to the electors
of the county at the election specified in the | ||||||
3 | ordinance or resolution. If
part of the county is under the | ||||||
4 | jurisdiction of a board or boards of election
commissioners, | ||||||
5 | the county clerk shall submit a certified copy of the ordinance
| ||||||
6 | or resolution to each board of election commissioners, which | ||||||
7 | shall order the
proposition submitted to the electors of the | ||||||
8 | taxing district within its
jurisdiction at the election | ||||||
9 | specified in the ordinance or resolution.
| ||||||
10 | (f) With respect to taxing districts having all of their | ||||||
11 | equalized assessed
valuation located in one county, if a | ||||||
12 | majority of the votes cast on the
proposition are against the | ||||||
13 | proposition, then this Law shall not apply to the
taxing | ||||||
14 | district beginning on January 1 of the year following the date | ||||||
15 | of
the referendum.
| ||||||
16 | (g) With respect to taxing districts that do not have all | ||||||
17 | of their
equalized assessed valuation located in a single | ||||||
18 | county, if both of the
following conditions are met, then this | ||||||
19 | Law shall no longer apply to the taxing
district beginning on | ||||||
20 | January 1 of the year following the date of the
referendum.
| ||||||
21 | (1) Each county in which the district has any equalized | ||||||
22 | assessed valuation
must either, (i) have held a referendum | ||||||
23 | under this Section, (ii) be an affected
county, or (iii) | ||||||
24 | have held a referendum under Section 18-213 at which the
| ||||||
25 | voters rejected the proposition at the most recent election | ||||||
26 | at which the
question was on the ballot in the county.
|
| |||||||
| |||||||
1 | (2) The majority of the equalized assessed valuation of | ||||||
2 | the taxing
district,
other than any equalized assessed | ||||||
3 | valuation in an affected county, is in one or
more counties | ||||||
4 | in which the voters rejected the proposition. For purposes | ||||||
5 | of
this
Section, in determining whether a majority of the | ||||||
6 | equalized assessed valuation
of the taxing district is | ||||||
7 | located in one or more counties in which the voters
have | ||||||
8 | rejected the proposition under this Section, the equalized | ||||||
9 | assessed
valuation of any taxing district in a county which | ||||||
10 | has held a referendum under
Section 18-213 at which the | ||||||
11 | voters rejected that proposition, at the most
recent | ||||||
12 | election at which the question was on the ballot in the | ||||||
13 | county, will be
included with the equalized assessed value | ||||||
14 | of the taxing district in counties
in
which the voters have | ||||||
15 | rejected the referendum held under this Section.
| ||||||
16 | (h) Immediately after a referendum is held under this | ||||||
17 | Section, the county
clerk of the county holding the referendum | ||||||
18 | shall give notice of the referendum
having been held and its | ||||||
19 | results to all taxing districts that have all or a
portion of | ||||||
20 | their equalized assessed valuation located in the county, the | ||||||
21 | county
clerk of any other county in which any of the equalized | ||||||
22 | assessed valuation of
any such taxing district is located, and | ||||||
23 | the Department of Revenue. After the
last
referendum affecting | ||||||
24 | a multi-county taxing district is held, the Department of
| ||||||
25 | Revenue shall determine whether the taxing district is no | ||||||
26 | longer subject to
this Law and, if the taxing district is no |
| |||||||
| |||||||
1 | longer subject to this Law, the
Department of Revenue shall | ||||||
2 | notify the taxing district and the county clerks of
all of the | ||||||
3 | counties in which a portion of the equalized assessed valuation | ||||||
4 | of
the taxing district is located that, beginning on January 1 | ||||||
5 | of the
year following the date of the last
referendum, the | ||||||
6 | taxing district is no longer subject to this Law.
| ||||||
7 | (i) Notwithstanding any other provision of law, no | ||||||
8 | referendum may be submitted under this Section for levy year | ||||||
9 | 2016 or 2017. | ||||||
10 | (Source: P.A. 89-718, eff. 3-7-97.)
| ||||||
11 | (35 ILCS 200/18-242 new) | ||||||
12 | Sec. 18-242. Home rule. This Division 5 is a limitation, | ||||||
13 | under subsection (g) of Section 6 of Article VII of the | ||||||
14 | Illinois Constitution, on the power of home rule units to tax.
| ||||||
15 | Section 5-15. The Local Government Energy Conservation Act | ||||||
16 | is amended by changing Section 3 as follows:
| ||||||
17 | (50 ILCS 515/3)
| ||||||
18 | Sec. 3. Applicable laws. Other State laws and related | ||||||
19 | administrative requirements apply to this Act, including, but | ||||||
20 | not limited to, the following laws and related administrative | ||||||
21 | requirements: the Illinois Human Rights Act, the Prevailing | ||||||
22 | Wage Act, the Public Construction Bond Act, the Public Works | ||||||
23 | Preference Act (repealed on June 16, 2010 by Public Act |
| |||||||
| |||||||
1 | 96-929), the Employment of Illinois Workers on Public Works | ||||||
2 | Act, the Freedom of Information Act, the Open Meetings Act, the | ||||||
3 | Illinois Architecture Practice Act of 1989, the Professional | ||||||
4 | Engineering Practice Act of 1989, the Structural Engineering | ||||||
5 | Practice Act of 1989, the Local Government Professional | ||||||
6 | Services Selection Act, and the Contractor Unified License and | ||||||
7 | Permit Bond Act.
| ||||||
8 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
9 | Section 5-20. The Local Government Facility Lease Act is | ||||||
10 | amended by changing Section 35 as follows:
| ||||||
11 | (50 ILCS 615/35)
| ||||||
12 | Sec. 35. Wage requirements. In order to protect the wages, | ||||||
13 | working conditions, and job opportunities of employees | ||||||
14 | employed by the lessee of leased facility property used for | ||||||
15 | airport purposes to perform work on the site of the leased | ||||||
16 | premises previously performed by employees of the lessor on the | ||||||
17 | site of the leased premises and who were in recognized | ||||||
18 | bargaining units at the time of the lease, the lessee, and any | ||||||
19 | subcontractor retained by the lessee to perform such work on | ||||||
20 | the site of the leased premises, shall be required to pay to | ||||||
21 | those employees an amount not less than the economic equivalent | ||||||
22 | of the standard of wages and benefits enjoyed by the lessor's | ||||||
23 | employees who previously performed that work. The lessor shall | ||||||
24 | certify to the lessee the amount of wages and benefits (or |
| |||||||
| |||||||
1 | their equivalent) as of the time of the lease, and any changes | ||||||
2 | to those amounts as they may occur during the term of the | ||||||
3 | lease. All projects at the leased facility property used for | ||||||
4 | airport purposes shall be considered public works for purposes | ||||||
5 | of the Prevailing Wage Act.
| ||||||
6 | (Source: P.A. 94-750, eff. 5-9-06.)
| ||||||
7 | Section 5-25. The Counties Code is amended by changing | ||||||
8 | Section 5-1134 as follows:
| ||||||
9 | (55 ILCS 5/5-1134) | ||||||
10 | Sec. 5-1134. Project labor agreements. | ||||||
11 | (a) Any sports, arts, or entertainment facilities that | ||||||
12 | receive revenue from a tax imposed under subsection (b) of | ||||||
13 | Section 5-1030 of this Code shall be considered to be public | ||||||
14 | works within the meaning of the Prevailing Wage Act. The county | ||||||
15 | authorities responsible for the construction, renovation, | ||||||
16 | modification, or alteration of the sports, arts, or | ||||||
17 | entertainment facilities shall enter into project labor | ||||||
18 | agreements with labor organizations as defined in the National | ||||||
19 | Labor Relations Act to assure that no labor dispute interrupts | ||||||
20 | or interferes with the construction, renovation, modification, | ||||||
21 | or alteration of the projects. | ||||||
22 | (b) The project labor agreements must include the | ||||||
23 | following: | ||||||
24 | (1) provisions establishing the minimum hourly wage |
| |||||||
| |||||||
1 | for each class of labor organization employees; | ||||||
2 | (2) provisions establishing the benefits and other | ||||||
3 | compensation for such class of labor organization; and | ||||||
4 | (3) provisions establishing that no strike or disputes | ||||||
5 | will be engaged in by the labor organization employees. | ||||||
6 | The county, taxing bodies, municipalities, and the labor | ||||||
7 | organizations shall have the authority to include other terms | ||||||
8 | and conditions as they deem necessary. | ||||||
9 | (c) The project labor agreement shall be filed with the | ||||||
10 | Director of the Illinois Department of Labor in accordance with | ||||||
11 | procedures established by the Department. At a minimum, the | ||||||
12 | project labor agreement must provide the names, addresses, and | ||||||
13 | occupations of the owner of the facilities and the individuals | ||||||
14 | representing the labor organization employees participating in | ||||||
15 | the project labor agreement. The agreement must also specify | ||||||
16 | the terms and conditions required in subsection (b) of this | ||||||
17 | Section. | ||||||
18 | (d) In any agreement for the construction or rehabilitation | ||||||
19 | of a facility using revenue generated under subsection (b) of | ||||||
20 | Section 5-1030 of this Code, in connection with the | ||||||
21 | prequalification of general contractors for construction or | ||||||
22 | rehabilitation of the facility, it shall be required that a | ||||||
23 | commitment will be submitted detailing how the general | ||||||
24 | contractor will expend 15% or more of the aggregate dollar | ||||||
25 | value of the project as a whole with one or more minority-owned | ||||||
26 | businesses, female-owned businesses, or businesses owned by a |
| |||||||
| |||||||
1 | person with a disability, as these terms are defined in Section | ||||||
2 | 2 of the Business Enterprise for Minorities, Females, and | ||||||
3 | Persons with Disabilities Act.
| ||||||
4 | (Source: P.A. 98-313, eff. 8-12-13; 98-756, eff. 7-16-14.)
| ||||||
5 | (60 ILCS 1/100-20 rep.)
| ||||||
6 | Section 5-30. The Township Code is amended by repealing | ||||||
7 | Section 100-20.
| ||||||
8 | Section 5-35. The School Code is amended by changing | ||||||
9 | Sections 18-8.05 and 19b-15 and by adding Sections 1C-10, 1D-5, | ||||||
10 | and 18-21 as follows:
| ||||||
11 | (105 ILCS 5/1C-10 new) | ||||||
12 | Sec. 1C-10. Repealer. This Article is repealed on June 1, | ||||||
13 | 2017.
| ||||||
14 | (105 ILCS 5/1D-5 new) | ||||||
15 | Sec. 1D-5. Repealer. This Article is repealed on June 1, | ||||||
16 | 2017.
| ||||||
17 | (105 ILCS 5/18-8.05)
| ||||||
18 | Sec. 18-8.05. Basis for apportionment of general State | ||||||
19 | financial aid and
supplemental general State aid to the common | ||||||
20 | schools for the 1998-1999 and
subsequent school years.
|
| |||||||
| |||||||
1 | (A) General Provisions. | ||||||
2 | (1) The provisions of this Section apply to the 1998-1999 | ||||||
3 | and subsequent
school years. The system of general State | ||||||
4 | financial aid provided for in this
Section
is designed to | ||||||
5 | assure that, through a combination of State financial aid and
| ||||||
6 | required local resources, the financial support provided each | ||||||
7 | pupil in Average
Daily Attendance equals or exceeds a
| ||||||
8 | prescribed per pupil Foundation Level. This formula approach | ||||||
9 | imputes a level
of per pupil Available Local Resources and | ||||||
10 | provides for the basis to calculate
a per pupil level of | ||||||
11 | general State financial aid that, when added to Available
Local | ||||||
12 | Resources, equals or exceeds the Foundation Level. The
amount | ||||||
13 | of per pupil general State financial aid for school districts, | ||||||
14 | in
general, varies in inverse
relation to Available Local | ||||||
15 | Resources. Per pupil amounts are based upon
each school | ||||||
16 | district's Average Daily Attendance as that term is defined in | ||||||
17 | this
Section. | ||||||
18 | (2) In addition to general State financial aid, school | ||||||
19 | districts with
specified levels or concentrations of pupils | ||||||
20 | from low income households are
eligible to receive supplemental | ||||||
21 | general State financial aid grants as provided
pursuant to | ||||||
22 | subsection (H).
The supplemental State aid grants provided for | ||||||
23 | school districts under
subsection (H) shall be appropriated for | ||||||
24 | distribution to school districts as
part of the same line item | ||||||
25 | in which the general State financial aid of school
districts is | ||||||
26 | appropriated under this Section. |
| |||||||
| |||||||
1 | (3) To receive financial assistance under this Section, | ||||||
2 | school districts
are required to file claims with the State | ||||||
3 | Board of Education, subject to the
following requirements: | ||||||
4 | (a) Any school district which fails for any given | ||||||
5 | school year to maintain
school as required by law, or to | ||||||
6 | maintain a recognized school is not
eligible to file for | ||||||
7 | such school year any claim upon the Common School
Fund. In | ||||||
8 | case of nonrecognition of one or more attendance centers in | ||||||
9 | a
school district otherwise operating recognized schools, | ||||||
10 | the claim of the
district shall be reduced in the | ||||||
11 | proportion which the Average Daily
Attendance in the | ||||||
12 | attendance center or centers bear to the Average Daily
| ||||||
13 | Attendance in the school district. A "recognized school" | ||||||
14 | means any
public school which meets the standards as | ||||||
15 | established for recognition
by the State Board of | ||||||
16 | Education. A school district or attendance center
not | ||||||
17 | having recognition status at the end of a school term is | ||||||
18 | entitled to
receive State aid payments due upon a legal | ||||||
19 | claim which was filed while
it was recognized. | ||||||
20 | (b) School district claims filed under this Section are | ||||||
21 | subject to
Sections 18-9 and 18-12, except as otherwise | ||||||
22 | provided in this
Section. | ||||||
23 | (c) If a school district operates a full year school | ||||||
24 | under Section
10-19.1, the general State aid to the school | ||||||
25 | district shall be determined
by the State Board of | ||||||
26 | Education in accordance with this Section as near as
may be |
| |||||||
| |||||||
1 | applicable. | ||||||
2 | (d) (Blank). | ||||||
3 | (4) Except as provided in subsections (H) and (L), the | ||||||
4 | board of any district
receiving any of the grants provided for | ||||||
5 | in this Section may apply those funds
to any fund so received | ||||||
6 | for which that board is authorized to make expenditures
by law. | ||||||
7 | School districts are not required to exert a minimum | ||||||
8 | Operating Tax Rate in
order to qualify for assistance under | ||||||
9 | this Section. | ||||||
10 | (5) As used in this Section the following terms, when | ||||||
11 | capitalized, shall
have the meaning ascribed herein: | ||||||
12 | (a) "Average Daily Attendance": A count of pupil | ||||||
13 | attendance in school,
averaged as provided for in | ||||||
14 | subsection (C) and utilized in deriving per pupil
financial | ||||||
15 | support levels. | ||||||
16 | (b) "Available Local Resources": A computation of | ||||||
17 | local financial
support, calculated on the basis of Average | ||||||
18 | Daily Attendance and derived as
provided pursuant to | ||||||
19 | subsection (D). | ||||||
20 | (c) "Corporate Personal Property Replacement Taxes": | ||||||
21 | Funds paid to local
school districts pursuant to "An Act in | ||||||
22 | relation to the abolition of ad valorem
personal property | ||||||
23 | tax and the replacement of revenues lost thereby, and
| ||||||
24 | amending and repealing certain Acts and parts of Acts in | ||||||
25 | connection therewith",
certified August 14, 1979, as | ||||||
26 | amended (Public Act 81-1st S.S.-1). |
| |||||||
| |||||||
1 | (d) "Foundation Level": A prescribed level of per pupil | ||||||
2 | financial support
as provided for in subsection (B). | ||||||
3 | (e) "Operating Tax Rate": All school district property | ||||||
4 | taxes extended for
all purposes, except Bond and
Interest, | ||||||
5 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
6 | Education
Building purposes.
| ||||||
7 | (B) Foundation Level. | ||||||
8 | (1) The Foundation Level is a figure established by the | ||||||
9 | State representing
the minimum level of per pupil financial | ||||||
10 | support that should be available to
provide for the basic | ||||||
11 | education of each pupil in
Average Daily Attendance. As set | ||||||
12 | forth in this Section, each school district
is assumed to exert
| ||||||
13 | a sufficient local taxing effort such that, in combination with | ||||||
14 | the aggregate
of general State
financial aid provided the | ||||||
15 | district, an aggregate of State and local resources
are | ||||||
16 | available to meet
the basic education needs of pupils in the | ||||||
17 | district. | ||||||
18 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
19 | support is
$4,225. For the 1999-2000 school year, the | ||||||
20 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
21 | year, the Foundation Level of support is
$4,425. For the | ||||||
22 | 2001-2002 school year and 2002-2003 school year, the
Foundation | ||||||
23 | Level of support is $4,560. For the 2003-2004 school year, the | ||||||
24 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
25 | year, the Foundation Level of support is $4,964.
For the |
| |||||||
| |||||||
1 | 2005-2006 school year,
the Foundation Level of support is | ||||||
2 | $5,164. For the 2006-2007 school year, the Foundation Level of | ||||||
3 | support is $5,334. For the 2007-2008 school year, the | ||||||
4 | Foundation Level of support is $5,734. For the 2008-2009 school | ||||||
5 | year, the Foundation Level of support is $5,959. | ||||||
6 | (3) For the 2009-2010 school year and each school year | ||||||
7 | thereafter,
the Foundation Level of support is $6,119 or such | ||||||
8 | greater amount as
may be established by law by the General | ||||||
9 | Assembly.
| ||||||
10 | (C) Average Daily Attendance. | ||||||
11 | (1) For purposes of calculating general State aid pursuant | ||||||
12 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
13 | utilized. The Average Daily
Attendance figure for formula
| ||||||
14 | calculation purposes shall be the monthly average of the actual | ||||||
15 | number of
pupils in attendance of
each school district, as | ||||||
16 | further averaged for the best 3 months of pupil
attendance for | ||||||
17 | each
school district. In compiling the figures for the number | ||||||
18 | of pupils in
attendance, school districts
and the State Board | ||||||
19 | of Education shall, for purposes of general State aid
funding, | ||||||
20 | conform
attendance figures to the requirements of subsection | ||||||
21 | (F). | ||||||
22 | (2) The Average Daily Attendance figures utilized in | ||||||
23 | subsection (E) shall be
the requisite attendance data for the | ||||||
24 | school year immediately preceding
the
school year for which | ||||||
25 | general State aid is being calculated
or the average of the |
| |||||||
| |||||||
1 | attendance data for the 3 preceding school
years, whichever is | ||||||
2 | greater. The Average Daily Attendance figures
utilized in | ||||||
3 | subsection (H) shall be the requisite attendance data for the
| ||||||
4 | school year immediately preceding the school year for which | ||||||
5 | general
State aid is being calculated.
| ||||||
6 | (D) Available Local Resources. | ||||||
7 | (1) For purposes of calculating general State aid pursuant | ||||||
8 | to subsection
(E), a representation of Available Local | ||||||
9 | Resources per pupil, as that term is
defined and determined in | ||||||
10 | this subsection, shall be utilized. Available Local
Resources | ||||||
11 | per pupil shall include a calculated
dollar amount representing | ||||||
12 | local school district revenues from local property
taxes and | ||||||
13 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
14 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
15 | of Available Local Resources shall exclude any tax amnesty | ||||||
16 | funds received as a result of Public Act 93-26. | ||||||
17 | (2) In determining a school district's revenue from local | ||||||
18 | property taxes,
the State Board of Education shall utilize the | ||||||
19 | equalized assessed valuation of
all taxable property of each | ||||||
20 | school
district as of September 30 of the previous year. The | ||||||
21 | equalized assessed
valuation utilized shall
be obtained and | ||||||
22 | determined as provided in subsection (G). | ||||||
23 | (3) For school districts maintaining grades kindergarten | ||||||
24 | through 12, local
property tax
revenues per pupil shall be | ||||||
25 | calculated as the product of the applicable
equalized assessed
|
| |||||||
| |||||||
1 | valuation for the district multiplied by 3.00%, and divided by | ||||||
2 | the district's
Average Daily
Attendance figure. For school | ||||||
3 | districts maintaining grades kindergarten
through 8, local
| ||||||
4 | property tax revenues per pupil shall be calculated as the | ||||||
5 | product of the
applicable equalized
assessed valuation for the | ||||||
6 | district multiplied by 2.30%, and divided by the
district's | ||||||
7 | Average
Daily Attendance figure. For school districts | ||||||
8 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
9 | per pupil shall be the applicable equalized assessed valuation | ||||||
10 | of
the district
multiplied by 1.05%, and divided by the | ||||||
11 | district's Average Daily
Attendance
figure. | ||||||
12 | For partial elementary unit districts created pursuant to | ||||||
13 | Article 11E of this Code, local property tax revenues per pupil | ||||||
14 | shall be calculated as the product of the equalized assessed | ||||||
15 | valuation for property within the partial elementary unit | ||||||
16 | district for elementary purposes, as defined in Article 11E of | ||||||
17 | this Code, multiplied by 2.06% and divided by the district's | ||||||
18 | Average Daily Attendance figure, plus the product of the | ||||||
19 | equalized assessed valuation for property within the partial | ||||||
20 | elementary unit district for high school purposes, as defined | ||||||
21 | in Article 11E of this Code, multiplied by 0.94% and divided by | ||||||
22 | the district's Average Daily Attendance figure.
| ||||||
23 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
24 | to each school
district during the calendar year one year | ||||||
25 | before the calendar year in which a
school year begins, divided | ||||||
26 | by the Average Daily Attendance figure for that
district, shall |
| |||||||
| |||||||
1 | be added to the local property tax revenues per pupil as
| ||||||
2 | derived by the application of the immediately preceding | ||||||
3 | paragraph (3). The sum
of these per pupil figures for each | ||||||
4 | school district shall constitute Available
Local Resources as | ||||||
5 | that term is utilized in subsection (E) in the calculation
of | ||||||
6 | general State aid.
| ||||||
7 | (E) Computation of General State Aid. | ||||||
8 | (1) For each school year, the amount of general State aid | ||||||
9 | allotted to a
school district shall be computed by the State | ||||||
10 | Board of Education as provided
in this subsection. | ||||||
11 | (2) For any school district for which Available Local | ||||||
12 | Resources per pupil
is less than the product of 0.93 times the | ||||||
13 | Foundation Level, general State aid
for that district shall be | ||||||
14 | calculated as an amount equal to the Foundation
Level minus | ||||||
15 | Available Local Resources, multiplied by the Average Daily
| ||||||
16 | Attendance of the school district. | ||||||
17 | (3) For any school district for which Available Local | ||||||
18 | Resources per pupil
is equal to or greater than the product of | ||||||
19 | 0.93 times the Foundation Level and
less than the product of | ||||||
20 | 1.75 times the Foundation Level, the general State aid
per | ||||||
21 | pupil shall be a decimal proportion of the Foundation Level | ||||||
22 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
23 | the calculated general State
aid per pupil shall decline in | ||||||
24 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
25 | a school district with Available Local Resources equal to
the |
| |||||||
| |||||||
1 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
2 | Foundation
Level for a school district with Available Local | ||||||
3 | Resources equal to the product
of 1.75 times the Foundation | ||||||
4 | Level. The allocation of general
State aid for school districts | ||||||
5 | subject to this paragraph 3 shall be the
calculated general | ||||||
6 | State aid
per pupil figure multiplied by the Average Daily | ||||||
7 | Attendance of the school
district. | ||||||
8 | (4) For any school district for which Available Local | ||||||
9 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
10 | the Foundation Level, the general
State aid for the school | ||||||
11 | district shall be calculated as the product of $218
multiplied | ||||||
12 | by the Average Daily Attendance of the school
district. | ||||||
13 | (5) The amount of general State aid allocated to a school | ||||||
14 | district for
the 1999-2000 school year meeting the requirements | ||||||
15 | set forth in paragraph (4)
of subsection
(G) shall be increased | ||||||
16 | by an amount equal to the general State aid that
would have | ||||||
17 | been received by the district for the 1998-1999 school year by
| ||||||
18 | utilizing the Extension Limitation Equalized Assessed | ||||||
19 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
20 | the general State aid allotted for the
1998-1999
school year. | ||||||
21 | This amount shall be deemed a one time increase, and shall not
| ||||||
22 | affect any future general State aid allocations.
| ||||||
23 | (F) Compilation of Average Daily Attendance. | ||||||
24 | (1) Each school district shall, by July 1 of each year, | ||||||
25 | submit to the State
Board of Education, on forms prescribed by |
| |||||||
| |||||||
1 | the State Board of Education,
attendance figures for the school | ||||||
2 | year that began in the preceding calendar
year. The attendance | ||||||
3 | information so transmitted shall identify the average
daily | ||||||
4 | attendance figures for each month of the school year. Beginning | ||||||
5 | with
the general State aid claim form for the 2002-2003 school
| ||||||
6 | year, districts shall calculate Average Daily Attendance as | ||||||
7 | provided in
subdivisions (a), (b), and (c) of this paragraph | ||||||
8 | (1). | ||||||
9 | (a) In districts that do not hold year-round classes,
| ||||||
10 | days of attendance in August shall be added to the month of | ||||||
11 | September and any
days of attendance in June shall be added | ||||||
12 | to the month of May. | ||||||
13 | (b) In districts in which all buildings hold year-round | ||||||
14 | classes,
days of attendance in July and August shall be | ||||||
15 | added to the month
of September and any days of attendance | ||||||
16 | in June shall be added to
the month of May. | ||||||
17 | (c) In districts in which some buildings, but not all, | ||||||
18 | hold
year-round classes, for the non-year-round buildings, | ||||||
19 | days of
attendance in August shall be added to the month of | ||||||
20 | September
and any days of attendance in June shall be added | ||||||
21 | to the month of
May. The average daily attendance for the | ||||||
22 | year-round buildings
shall be computed as provided in | ||||||
23 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
24 | Average Daily Attendance for the district, the
average | ||||||
25 | daily attendance for the year-round buildings shall be
| ||||||
26 | multiplied by the days in session for the non-year-round |
| |||||||
| |||||||
1 | buildings
for each month and added to the monthly | ||||||
2 | attendance of the
non-year-round buildings. | ||||||
3 | Except as otherwise provided in this Section, days of
| ||||||
4 | attendance by pupils shall be counted only for sessions of not | ||||||
5 | less than
5 clock hours of school work per day under direct | ||||||
6 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
7 | volunteer personnel when engaging
in non-teaching duties and | ||||||
8 | supervising in those instances specified in
subsection (a) of | ||||||
9 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
10 | of legal school age and in kindergarten and grades 1 through | ||||||
11 | 12. | ||||||
12 | Days of attendance by tuition pupils shall be accredited | ||||||
13 | only to the
districts that pay the tuition to a recognized | ||||||
14 | school. | ||||||
15 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
16 | of school
shall be subject to the following provisions in the | ||||||
17 | compilation of Average
Daily Attendance. | ||||||
18 | (a) Pupils regularly enrolled in a public school for | ||||||
19 | only a part of
the school day may be counted on the basis | ||||||
20 | of 1/6 day for every class hour
of instruction of 40 | ||||||
21 | minutes or more attended pursuant to such enrollment,
| ||||||
22 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
23 | minutes or more of instruction,
in which case the pupil may | ||||||
24 | be counted on the basis of the proportion of
minutes of | ||||||
25 | school work completed each day to the minimum number of
| ||||||
26 | minutes that school work is required to be held that day. |
| |||||||
| |||||||
1 | (b) (Blank). | ||||||
2 | (c) A session of 4 or more clock hours may be counted | ||||||
3 | as a day of
attendance upon certification by the regional | ||||||
4 | superintendent, and
approved by the State Superintendent | ||||||
5 | of Education to the extent that the
district has been | ||||||
6 | forced to use daily multiple sessions. | ||||||
7 | (d) A session of 3 or more clock hours may be counted | ||||||
8 | as a day of
attendance (1) when the remainder of the school | ||||||
9 | day or at least
2 hours in the evening of that day is | ||||||
10 | utilized for an
in-service training program for teachers, | ||||||
11 | up to a maximum of 5 days per
school year, provided a | ||||||
12 | district conducts an in-service
training program for | ||||||
13 | teachers in accordance with Section 10-22.39 of this Code; | ||||||
14 | or, in lieu of 4 such days, 2 full days may
be used, in | ||||||
15 | which event each such day
may be counted as a day required | ||||||
16 | for a legal school calendar pursuant to Section 10-19 of | ||||||
17 | this Code; (1.5) when, of the 5 days allowed under item | ||||||
18 | (1), a maximum of 4 days are used for parent-teacher | ||||||
19 | conferences, or, in lieu of 4 such days, 2 full days are | ||||||
20 | used, in which case each such day may be counted as a | ||||||
21 | calendar day required under Section 10-19 of this Code, | ||||||
22 | provided that the full-day, parent-teacher conference | ||||||
23 | consists of (i) a minimum of 5 clock hours of | ||||||
24 | parent-teacher conferences, (ii) both a minimum of 2 clock | ||||||
25 | hours of parent-teacher conferences held in the evening | ||||||
26 | following a full day of student attendance, as specified in |
| |||||||
| |||||||
1 | subsection (F)(1)(c), and a minimum of 3 clock hours of | ||||||
2 | parent-teacher conferences held on the day immediately | ||||||
3 | following evening parent-teacher conferences, or (iii) | ||||||
4 | multiple parent-teacher conferences held in the evenings | ||||||
5 | following full days of student attendance, as specified in | ||||||
6 | subsection (F)(1)(c), in which the time used for the | ||||||
7 | parent-teacher conferences is equivalent to a minimum of 5 | ||||||
8 | clock hours; and (2) when days in
addition to
those | ||||||
9 | provided in items (1) and (1.5) are scheduled by a school | ||||||
10 | pursuant to its school
improvement plan adopted under | ||||||
11 | Article 34 or its revised or amended school
improvement | ||||||
12 | plan adopted under Article 2, provided that (i) such | ||||||
13 | sessions of
3 or more clock hours are scheduled to occur at | ||||||
14 | regular intervals, (ii) the
remainder of the school days in | ||||||
15 | which such sessions occur are utilized
for in-service | ||||||
16 | training programs or other staff development activities | ||||||
17 | for
teachers, and (iii) a sufficient number of minutes of | ||||||
18 | school work under the
direct supervision of teachers are | ||||||
19 | added to the school days between such
regularly scheduled | ||||||
20 | sessions to accumulate not less than the number of minutes
| ||||||
21 | by which such sessions of 3 or more clock hours fall short | ||||||
22 | of 5 clock hours.
Any full days used for the purposes of | ||||||
23 | this paragraph shall not be considered
for
computing | ||||||
24 | average daily attendance. Days scheduled for in-service | ||||||
25 | training
programs, staff development activities, or | ||||||
26 | parent-teacher conferences may be
scheduled separately for |
| |||||||
| |||||||
1 | different
grade levels and different attendance centers of | ||||||
2 | the district. | ||||||
3 | (e) A session of not less than one clock hour of | ||||||
4 | teaching
hospitalized or homebound pupils on-site or by | ||||||
5 | telephone to the classroom may
be counted as 1/2 day of | ||||||
6 | attendance, however these pupils must receive 4 or
more | ||||||
7 | clock hours of instruction to be counted for a full day of | ||||||
8 | attendance. | ||||||
9 | (f) A session of at least 4 clock hours may be counted | ||||||
10 | as a day of
attendance for first grade pupils, and pupils | ||||||
11 | in full day kindergartens,
and a session of 2 or more hours | ||||||
12 | may be counted as 1/2 day of attendance by
pupils in | ||||||
13 | kindergartens which provide only 1/2 day of attendance. | ||||||
14 | (g) For children with disabilities who are below the | ||||||
15 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
16 | because of their disability or
immaturity, a session of not | ||||||
17 | less than one clock hour may be counted as 1/2 day
of | ||||||
18 | attendance; however for such children whose educational | ||||||
19 | needs so require
a session of 4 or more clock hours may be | ||||||
20 | counted as a full day of attendance. | ||||||
21 | (h) A recognized kindergarten which provides for only | ||||||
22 | 1/2 day of
attendance by each pupil shall not have more | ||||||
23 | than 1/2 day of attendance
counted in any one day. However, | ||||||
24 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
25 | consecutive school days. When a pupil attends such a
| ||||||
26 | kindergarten for 2 half days on any one school day, the |
| |||||||
| |||||||
1 | pupil shall have
the following day as a day absent from | ||||||
2 | school, unless the school district
obtains permission in | ||||||
3 | writing from the State Superintendent of Education.
| ||||||
4 | Attendance at kindergartens which provide for a full day of | ||||||
5 | attendance by
each pupil shall be counted the same as | ||||||
6 | attendance by first grade pupils.
Only the first year of | ||||||
7 | attendance in one kindergarten shall be counted,
except in | ||||||
8 | case of children who entered the kindergarten in their | ||||||
9 | fifth year
whose educational development requires a second | ||||||
10 | year of kindergarten as
determined under the rules and | ||||||
11 | regulations of the State Board of Education. | ||||||
12 | (i) On the days when the assessment that includes a | ||||||
13 | college and career ready determination is
administered | ||||||
14 | under subsection (c) of Section 2-3.64a-5 of this Code, the | ||||||
15 | day
of attendance for a pupil whose school
day must be | ||||||
16 | shortened to accommodate required testing procedures may
| ||||||
17 | be less than 5 clock hours and shall be counted towards the | ||||||
18 | 176 days of actual pupil attendance required under Section | ||||||
19 | 10-19 of this Code, provided that a sufficient number of | ||||||
20 | minutes
of school work in excess of 5 clock hours are first | ||||||
21 | completed on other school
days to compensate for the loss | ||||||
22 | of school work on the examination days. | ||||||
23 | (j) Pupils enrolled in a remote educational program | ||||||
24 | established under Section 10-29 of this Code may be counted | ||||||
25 | on the basis of one-fifth day of attendance for every clock | ||||||
26 | hour of instruction attended in the remote educational |
| |||||||
| |||||||
1 | program, provided that, in any month, the school district | ||||||
2 | may not claim for a student enrolled in a remote | ||||||
3 | educational program more days of attendance than the | ||||||
4 | maximum number of days of attendance the district can claim | ||||||
5 | (i) for students enrolled in a building holding year-round | ||||||
6 | classes if the student is classified as participating in | ||||||
7 | the remote educational program on a year-round schedule or | ||||||
8 | (ii) for students enrolled in a building not holding | ||||||
9 | year-round classes if the student is not classified as | ||||||
10 | participating in the remote educational program on a | ||||||
11 | year-round schedule.
| ||||||
12 | (G) Equalized Assessed Valuation Data. | ||||||
13 | (1) For purposes of the calculation of Available Local | ||||||
14 | Resources required
pursuant to subsection (D), the
State Board | ||||||
15 | of Education shall secure from the Department of
Revenue the | ||||||
16 | value as equalized or assessed by the Department of Revenue of
| ||||||
17 | all taxable property of every school district, together with | ||||||
18 | (i) the applicable
tax rate used in extending taxes for the | ||||||
19 | funds of the district as of
September 30 of the previous year
| ||||||
20 | and (ii) the limiting rate for all school
districts subject to | ||||||
21 | property tax extension limitations as imposed under the
| ||||||
22 | Property Tax Extension Limitation Law.
| ||||||
23 | The Department of Revenue shall add to the equalized | ||||||
24 | assessed value of all
taxable
property of each school district | ||||||
25 | situated entirely or partially within a county
that is or was |
| |||||||
| |||||||
1 | subject to the
provisions of Section 15-176 or 15-177 of the | ||||||
2 | Property Tax Code (a)
an amount equal to the total amount by | ||||||
3 | which the
homestead exemption allowed under Section 15-176 or | ||||||
4 | 15-177 of the Property Tax Code for
real
property situated in | ||||||
5 | that school district exceeds the total amount that would
have | ||||||
6 | been
allowed in that school district if the maximum reduction | ||||||
7 | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||||||
8 | all other counties in tax year 2003 or (ii) $5,000 in all | ||||||
9 | counties in tax year 2004 and thereafter and (b) an amount | ||||||
10 | equal to the aggregate amount for the taxable year of all | ||||||
11 | additional exemptions under Section 15-175 of the Property Tax | ||||||
12 | Code for owners with a household income of $30,000 or less. The | ||||||
13 | county clerk of any county that is or was subject to the | ||||||
14 | provisions of Section 15-176 or 15-177 of the Property Tax Code | ||||||
15 | shall
annually calculate and certify to the Department of | ||||||
16 | Revenue for each school
district all
homestead exemption | ||||||
17 | amounts under Section 15-176 or 15-177 of the Property Tax Code | ||||||
18 | and all amounts of additional exemptions under Section 15-175 | ||||||
19 | of the Property Tax Code for owners with a household income of | ||||||
20 | $30,000 or less. It is the intent of this paragraph that if the | ||||||
21 | general homestead exemption for a parcel of property is | ||||||
22 | determined under Section 15-176 or 15-177 of the Property Tax | ||||||
23 | Code rather than Section 15-175, then the calculation of | ||||||
24 | Available Local Resources shall not be affected by the | ||||||
25 | difference, if any, between the amount of the general homestead | ||||||
26 | exemption allowed for that parcel of property under Section |
| |||||||
| |||||||
1 | 15-176 or 15-177 of the Property Tax Code and the amount that | ||||||
2 | would have been allowed had the general homestead exemption for | ||||||
3 | that parcel of property been determined under Section 15-175 of | ||||||
4 | the Property Tax Code. It is further the intent of this | ||||||
5 | paragraph that if additional exemptions are allowed under | ||||||
6 | Section 15-175 of the Property Tax Code for owners with a | ||||||
7 | household income of less than $30,000, then the calculation of | ||||||
8 | Available Local Resources shall not be affected by the | ||||||
9 | difference, if any, because of those additional exemptions. | ||||||
10 | This equalized assessed valuation, as adjusted further by | ||||||
11 | the requirements of
this subsection, shall be utilized in the | ||||||
12 | calculation of Available Local
Resources. | ||||||
13 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
14 | be adjusted, as
applicable, in the following manner: | ||||||
15 | (a) For the purposes of calculating State aid under | ||||||
16 | this Section,
with respect to any part of a school district | ||||||
17 | within a redevelopment
project area in respect to which a | ||||||
18 | municipality has adopted tax
increment allocation | ||||||
19 | financing pursuant to the Tax Increment Allocation
| ||||||
20 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
21 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
22 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
23 | Illinois Municipal Code, no part of the current equalized
| ||||||
24 | assessed valuation of real property located in any such | ||||||
25 | project area which is
attributable to an increase above the | ||||||
26 | total initial equalized assessed
valuation of such |
| |||||||
| |||||||
1 | property shall be used as part of the equalized assessed
| ||||||
2 | valuation of the district, until such time as all
| ||||||
3 | redevelopment project costs have been paid, as provided in | ||||||
4 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
5 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
6 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
7 | equalized assessed valuation of the
district, the total | ||||||
8 | initial equalized assessed valuation or the current
| ||||||
9 | equalized assessed valuation, whichever is lower, shall be | ||||||
10 | used until
such time as all redevelopment project costs | ||||||
11 | have been paid. | ||||||
12 | (b) The real property equalized assessed valuation for | ||||||
13 | a school district
shall be adjusted by subtracting from the | ||||||
14 | real property
value as equalized or assessed by the | ||||||
15 | Department of Revenue for the
district an amount computed | ||||||
16 | by dividing the amount of any abatement of
taxes under | ||||||
17 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
18 | district
maintaining grades kindergarten through 12, by | ||||||
19 | 2.30% for a district
maintaining grades kindergarten | ||||||
20 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
21 | through 12 and adjusted by an amount computed by dividing
| ||||||
22 | the amount of any abatement of taxes under subsection (a) | ||||||
23 | of Section 18-165 of
the Property Tax Code by the same | ||||||
24 | percentage rates for district type as
specified in this | ||||||
25 | subparagraph (b). | ||||||
26 | (3) For the 1999-2000 school year and each school year |
| |||||||
| |||||||
1 | thereafter, if a
school district meets all of the criteria of | ||||||
2 | this subsection (G)(3), the school
district's Available Local | ||||||
3 | Resources shall be calculated under subsection (D)
using the | ||||||
4 | district's Extension Limitation Equalized Assessed Valuation | ||||||
5 | as
calculated under this
subsection (G)(3). | ||||||
6 | For purposes of this subsection (G)(3) the following terms | ||||||
7 | shall have
the following meanings: | ||||||
8 | "Budget Year": The school year for which general State | ||||||
9 | aid is calculated
and
awarded under subsection (E). | ||||||
10 | "Base Tax Year": The property tax levy year used to | ||||||
11 | calculate the Budget
Year
allocation of general State aid. | ||||||
12 | "Preceding Tax Year": The property tax levy year | ||||||
13 | immediately preceding the
Base Tax Year. | ||||||
14 | "Base Tax Year's Tax Extension": The product of the | ||||||
15 | equalized assessed
valuation utilized by the County Clerk | ||||||
16 | in the Base Tax Year multiplied by the
limiting rate as | ||||||
17 | calculated by the County Clerk and defined in the Property | ||||||
18 | Tax
Extension Limitation Law. | ||||||
19 | "Preceding Tax Year's Tax Extension": The product of | ||||||
20 | the equalized assessed
valuation utilized by the County | ||||||
21 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
22 | Tax Rate as defined in subsection (A). | ||||||
23 | "Extension Limitation Ratio": A numerical ratio, | ||||||
24 | certified by the
County Clerk, in which the numerator is | ||||||
25 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
26 | the Preceding Tax Year's Tax Extension. |
| |||||||
| |||||||
1 | "Operating Tax Rate": The operating tax rate as defined | ||||||
2 | in subsection (A). | ||||||
3 | If a school district is subject to property tax extension | ||||||
4 | limitations as
imposed under
the Property Tax Extension | ||||||
5 | Limitation Law, the State Board of Education shall
calculate | ||||||
6 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
7 | district. For the 1999-2000 school
year, the
Extension | ||||||
8 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
9 | calculated by the State Board of Education shall be equal to | ||||||
10 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
11 | and the district's Extension
Limitation Ratio. Except as | ||||||
12 | otherwise provided in this paragraph for a school district that | ||||||
13 | has approved or does approve an increase in its limiting rate, | ||||||
14 | for the 2000-2001 school year and each school year
thereafter,
| ||||||
15 | the Extension Limitation Equalized Assessed Valuation of a | ||||||
16 | school district as
calculated by the State Board of Education | ||||||
17 | shall be equal to the product of
the Equalized Assessed | ||||||
18 | Valuation last used in the calculation of general State
aid and | ||||||
19 | the
district's Extension Limitation Ratio. If the Extension | ||||||
20 | Limitation
Equalized
Assessed Valuation of a school district as | ||||||
21 | calculated under
this subsection (G)(3) is less than the | ||||||
22 | district's equalized assessed valuation
as calculated pursuant | ||||||
23 | to subsections (G)(1) and (G)(2), then for purposes of
| ||||||
24 | calculating the district's general State aid for the Budget | ||||||
25 | Year pursuant to
subsection (E), that Extension
Limitation | ||||||
26 | Equalized Assessed Valuation shall be utilized to calculate the
|
| |||||||
| |||||||
1 | district's Available Local Resources
under subsection (D). For | ||||||
2 | the 2009-2010 school year and each school year thereafter, if a | ||||||
3 | school district has approved or does approve an increase in its | ||||||
4 | limiting rate, pursuant to Section 18-190 of the Property Tax | ||||||
5 | Code, affecting the Base Tax Year, the Extension Limitation | ||||||
6 | Equalized Assessed Valuation of the school district, as | ||||||
7 | calculated by the State Board of Education, shall be equal to | ||||||
8 | the product of the Equalized Assessed Valuation last used in | ||||||
9 | the calculation of general State aid times an amount equal to | ||||||
10 | one plus the percentage increase, if any, in the Consumer Price | ||||||
11 | Index for all Urban Consumers for all items published by the | ||||||
12 | United States Department of Labor for the 12-month calendar | ||||||
13 | year preceding the Base Tax Year, plus the Equalized Assessed | ||||||
14 | Valuation of new property, annexed property, and recovered tax | ||||||
15 | increment value and minus the Equalized Assessed Valuation of | ||||||
16 | disconnected property. New property and recovered tax | ||||||
17 | increment value shall have the meanings set forth in the | ||||||
18 | Property Tax Extension Limitation Law. | ||||||
19 | Partial elementary unit districts created in accordance | ||||||
20 | with Article 11E of this Code shall not be eligible for the | ||||||
21 | adjustment in this subsection (G)(3) until the fifth year | ||||||
22 | following the effective date of the reorganization.
| ||||||
23 | (3.5) For the 2010-2011 school year and each school year | ||||||
24 | thereafter, if a school district's boundaries span multiple | ||||||
25 | counties, then the Department of Revenue shall send to the | ||||||
26 | State Board of Education, for the purpose of calculating |
| |||||||
| |||||||
1 | general State aid, the limiting rate and individual rates by | ||||||
2 | purpose for the county that contains the majority of the school | ||||||
3 | district's Equalized Assessed Valuation. | ||||||
4 | (4) For the purposes of calculating general State aid for | ||||||
5 | the 1999-2000
school year only, if a school district | ||||||
6 | experienced a triennial reassessment on
the equalized assessed | ||||||
7 | valuation used in calculating its general State
financial aid | ||||||
8 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
9 | Education shall calculate the Extension Limitation Equalized | ||||||
10 | Assessed Valuation
that would have been used to calculate the | ||||||
11 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
12 | the product of the equalized assessed valuation
used to
| ||||||
13 | calculate general State aid for the 1997-1998 school year and | ||||||
14 | the district's
Extension Limitation Ratio. If the Extension | ||||||
15 | Limitation Equalized Assessed
Valuation of the school district | ||||||
16 | as calculated under this paragraph (4) is
less than the | ||||||
17 | district's equalized assessed valuation utilized in | ||||||
18 | calculating
the
district's 1998-1999 general State aid | ||||||
19 | allocation, then for purposes of
calculating the district's | ||||||
20 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
21 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
22 | be utilized to
calculate the district's Available Local | ||||||
23 | Resources. | ||||||
24 | (5) For school districts having a majority of their | ||||||
25 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
26 | Kane, Lake, McHenry, or Will, if
the amount of general State |
| |||||||
| |||||||
1 | aid allocated to the school district for the
1999-2000 school | ||||||
2 | year under the provisions of subsection (E), (H), and (J) of
| ||||||
3 | this Section is less than the amount of general State aid | ||||||
4 | allocated to the
district for the 1998-1999 school year under | ||||||
5 | these subsections, then the
general
State aid of the district | ||||||
6 | for the 1999-2000 school year only shall be increased
by the | ||||||
7 | difference between these amounts. The total payments made under | ||||||
8 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
9 | be prorated if they
exceed $14,000,000.
| ||||||
10 | (H) Supplemental General State Aid. | ||||||
11 | (1) In addition to the general State aid a school district | ||||||
12 | is allotted
pursuant to subsection (E), qualifying school | ||||||
13 | districts shall receive a grant,
paid in conjunction with a | ||||||
14 | district's payments of general State aid, for
supplemental | ||||||
15 | general State aid based upon the concentration level of | ||||||
16 | children
from low-income households within the school | ||||||
17 | district.
Supplemental State aid grants provided for school | ||||||
18 | districts under this
subsection shall be appropriated for | ||||||
19 | distribution to school districts as part
of the same line item | ||||||
20 | in which the general State financial aid of school
districts is | ||||||
21 | appropriated under this Section.
| ||||||
22 | (1.5) This paragraph (1.5) applies only to those school | ||||||
23 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
24 | subsection (H), the term "Low-Income Concentration Level" | ||||||
25 | shall be the
low-income
eligible pupil count from the most |
| |||||||
| |||||||
1 | recently available federal census divided by
the Average Daily | ||||||
2 | Attendance of the school district.
If, however, (i) the | ||||||
3 | percentage decrease from the 2 most recent federal
censuses
in | ||||||
4 | the low-income eligible pupil count of a high school district | ||||||
5 | with fewer
than 400 students exceeds by 75% or more the | ||||||
6 | percentage change in the total
low-income eligible pupil count | ||||||
7 | of contiguous elementary school districts,
whose boundaries | ||||||
8 | are coterminous with the high school district,
or (ii) a high | ||||||
9 | school district within 2 counties and serving 5 elementary
| ||||||
10 | school
districts, whose boundaries are coterminous with the | ||||||
11 | high school
district, has a percentage decrease from the 2 most | ||||||
12 | recent federal
censuses in the low-income eligible pupil count | ||||||
13 | and there is a percentage
increase in the total low-income | ||||||
14 | eligible pupil count of a majority of the
elementary school | ||||||
15 | districts in excess of 50% from the 2 most recent
federal | ||||||
16 | censuses, then
the
high school district's low-income eligible | ||||||
17 | pupil count from the earlier federal
census
shall be the number | ||||||
18 | used as the low-income eligible pupil count for the high
school | ||||||
19 | district, for purposes of this subsection (H).
The changes made | ||||||
20 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
21 | supplemental general State aid
grants for school years | ||||||
22 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
23 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
24 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
25 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
26 | repealed on July 1, 1998), and any high school district that is |
| |||||||
| |||||||
1 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
2 | its supplemental general State aid grant or State aid
paid in | ||||||
3 | any of those fiscal years. This recomputation shall not be
| ||||||
4 | affected by any other funding. | ||||||
5 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
6 | school year
and each school year thereafter. For purposes of | ||||||
7 | this subsection (H), the
term "Low-Income Concentration Level" | ||||||
8 | shall, for each fiscal year, be the
low-income eligible
pupil | ||||||
9 | count
as of July 1 of the immediately preceding fiscal year
(as | ||||||
10 | determined by the Department of Human Services based
on the | ||||||
11 | number of pupils
who are eligible for at least one of the | ||||||
12 | following
low income programs: Medicaid, the Children's Health | ||||||
13 | Insurance Program, TANF, or Food Stamps,
excluding pupils who | ||||||
14 | are eligible for services provided by the Department
of | ||||||
15 | Children and Family Services,
averaged over
the 2 immediately | ||||||
16 | preceding fiscal years for fiscal year 2004 and over the 3
| ||||||
17 | immediately preceding fiscal years for each fiscal year | ||||||
18 | thereafter)
divided by the Average Daily Attendance of the | ||||||
19 | school district. | ||||||
20 | (2) Supplemental general State aid pursuant to this | ||||||
21 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
22 | 1999-2000, and 2000-2001 school years
only: | ||||||
23 | (a) For any school district with a Low Income | ||||||
24 | Concentration Level of at
least 20% and less than 35%, the | ||||||
25 | grant for any school year
shall be $800
multiplied by the | ||||||
26 | low income eligible pupil count. |
| |||||||
| |||||||
1 | (b) For any school district with a Low Income | ||||||
2 | Concentration Level of at
least 35% and less than 50%, the | ||||||
3 | grant for the 1998-1999 school year shall be
$1,100 | ||||||
4 | multiplied by the low income eligible pupil count. | ||||||
5 | (c) For any school district with a Low Income | ||||||
6 | Concentration Level of at
least 50% and less than 60%, the | ||||||
7 | grant for the 1998-99 school year shall be
$1,500 | ||||||
8 | multiplied by the low income eligible pupil count. | ||||||
9 | (d) For any school district with a Low Income | ||||||
10 | Concentration Level of 60%
or more, the grant for the | ||||||
11 | 1998-99 school year shall be $1,900 multiplied by
the low | ||||||
12 | income eligible pupil count. | ||||||
13 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
14 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
15 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
16 | respectively. | ||||||
17 | (f) For the 2000-2001 school year, the per pupil | ||||||
18 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
19 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
20 | respectively. | ||||||
21 | (2.5) Supplemental general State aid pursuant to this | ||||||
22 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
23 | school year: | ||||||
24 | (a) For any school district with a Low Income | ||||||
25 | Concentration Level of less
than 10%, the grant for each | ||||||
26 | school year shall be $355 multiplied by the low
income |
| |||||||
| |||||||
1 | eligible pupil count. | ||||||
2 | (b) For any school district with a Low Income | ||||||
3 | Concentration
Level of at least 10% and less than 20%, the | ||||||
4 | grant for each school year shall
be $675
multiplied by the | ||||||
5 | low income eligible pupil
count. | ||||||
6 | (c) For any school district with a Low Income | ||||||
7 | Concentration
Level of at least 20% and less than 35%, the | ||||||
8 | grant for each school year shall
be $1,330
multiplied by | ||||||
9 | the low income eligible pupil
count. | ||||||
10 | (d) For any school district with a Low Income | ||||||
11 | Concentration
Level of at least 35% and less than 50%, the | ||||||
12 | grant for each school year shall
be $1,362
multiplied by | ||||||
13 | the low income eligible pupil
count. | ||||||
14 | (e) For any school district with a Low Income | ||||||
15 | Concentration
Level of at least 50% and less than 60%, the | ||||||
16 | grant for each school year shall
be $1,680
multiplied by | ||||||
17 | the low income eligible pupil
count. | ||||||
18 | (f) For any school district with a Low Income | ||||||
19 | Concentration
Level of 60% or more, the grant for each | ||||||
20 | school year shall be $2,080
multiplied by the low income | ||||||
21 | eligible pupil count. | ||||||
22 | (2.10) Except as otherwise provided, supplemental general | ||||||
23 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
24 | follows for the 2003-2004 school year and each
school year | ||||||
25 | thereafter: | ||||||
26 | (a) For any school district with a Low Income |
| |||||||
| |||||||
1 | Concentration
Level of 15% or less, the grant for each | ||||||
2 | school year
shall be $355 multiplied by the low income | ||||||
3 | eligible pupil count. | ||||||
4 | (b) For any school district with a Low Income | ||||||
5 | Concentration
Level greater than 15%, the grant for each | ||||||
6 | school year shall be
$294.25 added to the product of $2,700 | ||||||
7 | and the square of the Low
Income Concentration Level, all | ||||||
8 | multiplied by the low income
eligible pupil count. | ||||||
9 | For the 2003-2004 school year and each school year | ||||||
10 | thereafter through the 2008-2009 school year only, the grant | ||||||
11 | shall be no less than the
grant
for
the 2002-2003 school year. | ||||||
12 | For the 2009-2010 school year only, the grant shall
be no
less | ||||||
13 | than the grant for the 2002-2003 school year multiplied by | ||||||
14 | 0.66. For the 2010-2011
school year only, the grant shall be no | ||||||
15 | less than the grant for the 2002-2003
school year
multiplied by | ||||||
16 | 0.33. Notwithstanding the provisions of this paragraph to the | ||||||
17 | contrary, if for any school year supplemental general State aid | ||||||
18 | grants are prorated as provided in paragraph (1) of this | ||||||
19 | subsection (H), then the grants under this paragraph shall be | ||||||
20 | prorated.
| ||||||
21 | For the 2003-2004 school year only, the grant shall be no | ||||||
22 | greater
than the grant received during the 2002-2003 school | ||||||
23 | year added to the
product of 0.25 multiplied by the difference | ||||||
24 | between the grant amount
calculated under subsection (a) or (b) | ||||||
25 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
26 | grant received during the 2002-2003 school year.
For the |
| |||||||
| |||||||
1 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
2 | the grant received during the 2002-2003 school year added to | ||||||
3 | the
product of 0.50 multiplied by the difference between the | ||||||
4 | grant amount
calculated under subsection (a) or (b) of this | ||||||
5 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
6 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
7 | school year only, the grant shall be no greater than
the grant | ||||||
8 | received during the 2002-2003 school year added to the
product | ||||||
9 | of 0.75 multiplied by the difference between the grant amount
| ||||||
10 | calculated under subsection (a) or (b) of this paragraph | ||||||
11 | (2.10), whichever
is applicable, and the grant received during | ||||||
12 | the 2002-2003
school year. | ||||||
13 | (3) School districts with an Average Daily Attendance of | ||||||
14 | more than 1,000
and less than 50,000 that qualify for | ||||||
15 | supplemental general State aid pursuant
to this subsection | ||||||
16 | shall submit a plan to the State Board of Education prior to
| ||||||
17 | October 30 of each year for the use of the funds resulting from | ||||||
18 | this grant of
supplemental general State aid for the | ||||||
19 | improvement of
instruction in which priority is given to | ||||||
20 | meeting the education needs of
disadvantaged children. Such | ||||||
21 | plan shall be submitted in accordance with
rules and | ||||||
22 | regulations promulgated by the State Board of Education. | ||||||
23 | (4) School districts with an Average Daily Attendance of | ||||||
24 | 50,000 or more
that qualify for supplemental general State aid | ||||||
25 | pursuant to this subsection
shall be required to distribute | ||||||
26 | from funds available pursuant to this Section,
no less than |
| |||||||
| |||||||
1 | $261,000,000 in accordance with the following requirements: | ||||||
2 | (a) The required amounts shall be distributed to the | ||||||
3 | attendance centers
within the district in proportion to the | ||||||
4 | number of pupils enrolled at each
attendance center who are | ||||||
5 | eligible to receive free or reduced-price lunches or
| ||||||
6 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
7 | and under the National
School Lunch Act during the | ||||||
8 | immediately preceding school year. | ||||||
9 | (b) The distribution of these portions of supplemental | ||||||
10 | and general State
aid among attendance centers according to | ||||||
11 | these requirements shall not be
compensated for or | ||||||
12 | contravened by adjustments of the total of other funds
| ||||||
13 | appropriated to any attendance centers, and the Board of | ||||||
14 | Education shall
utilize funding from one or several sources | ||||||
15 | in order to fully implement this
provision annually prior | ||||||
16 | to the opening of school. | ||||||
17 | (c) Each attendance center shall be provided by the
| ||||||
18 | school district a distribution of noncategorical funds and | ||||||
19 | other
categorical funds to which an attendance center is | ||||||
20 | entitled under law in
order that the general State aid and | ||||||
21 | supplemental general State aid provided
by application of | ||||||
22 | this subsection supplements rather than supplants the
| ||||||
23 | noncategorical funds and other categorical funds provided | ||||||
24 | by the school
district to the attendance centers. | ||||||
25 | (d) Any funds made available under this subsection that | ||||||
26 | by reason of the
provisions of this subsection are not
|
| |||||||
| |||||||
1 | required to be allocated and provided to attendance centers | ||||||
2 | may be used and
appropriated by the board of the district | ||||||
3 | for any lawful school purpose. | ||||||
4 | (e) Funds received by an attendance center
pursuant to | ||||||
5 | this
subsection shall be used
by the attendance center at | ||||||
6 | the discretion
of the principal and local school council | ||||||
7 | for programs to improve educational
opportunities at | ||||||
8 | qualifying schools through the following programs and
| ||||||
9 | services: early childhood education, reduced class size or | ||||||
10 | improved adult to
student classroom ratio, enrichment | ||||||
11 | programs, remedial assistance, attendance
improvement, and | ||||||
12 | other educationally beneficial expenditures which
| ||||||
13 | supplement
the regular and basic programs as determined by | ||||||
14 | the State Board of Education.
Funds provided shall not be | ||||||
15 | expended for any political or lobbying purposes
as defined | ||||||
16 | by board rule. | ||||||
17 | (f) Each district subject to the provisions of this | ||||||
18 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
19 | the educational needs of disadvantaged children, in
| ||||||
20 | compliance with the requirements of this paragraph, to the | ||||||
21 | State Board of
Education prior to July 15 of each year. | ||||||
22 | This plan shall be consistent with the
decisions of local | ||||||
23 | school councils concerning the school expenditure plans
| ||||||
24 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
25 | State Board shall
approve or reject the plan within 60 days | ||||||
26 | after its submission. If the plan is
rejected, the district |
| |||||||
| |||||||
1 | shall give written notice of intent to modify the plan
| ||||||
2 | within 15 days of the notification of rejection and then | ||||||
3 | submit a modified plan
within 30 days after the date of the | ||||||
4 | written notice of intent to modify.
Districts may amend | ||||||
5 | approved plans pursuant to rules promulgated by the State
| ||||||
6 | Board of Education. | ||||||
7 | Upon notification by the State Board of Education that | ||||||
8 | the district has
not submitted a plan prior to July 15 or a | ||||||
9 | modified plan within the time
period specified herein, the
| ||||||
10 | State aid funds affected by that plan or modified plan | ||||||
11 | shall be withheld by the
State Board of Education until a | ||||||
12 | plan or modified plan is submitted. | ||||||
13 | If the district fails to distribute State aid to | ||||||
14 | attendance centers in
accordance with an approved plan, the | ||||||
15 | plan for the following year shall
allocate funds, in | ||||||
16 | addition to the funds otherwise required by this
| ||||||
17 | subsection, to those attendance centers which were | ||||||
18 | underfunded during the
previous year in amounts equal to | ||||||
19 | such underfunding. | ||||||
20 | For purposes of determining compliance with this | ||||||
21 | subsection in relation
to the requirements of attendance | ||||||
22 | center funding, each district subject to the
provisions of | ||||||
23 | this
subsection shall submit as a separate document by | ||||||
24 | December 1 of each year a
report of expenditure data for | ||||||
25 | the prior year in addition to any
modification of its | ||||||
26 | current plan. If it is determined that there has been
a |
| |||||||
| |||||||
1 | failure to comply with the expenditure provisions of this | ||||||
2 | subsection
regarding contravention or supplanting, the | ||||||
3 | State Superintendent of
Education shall, within 60 days of | ||||||
4 | receipt of the report, notify the
district and any affected | ||||||
5 | local school council. The district shall within
45 days of | ||||||
6 | receipt of that notification inform the State | ||||||
7 | Superintendent of
Education of the remedial or corrective | ||||||
8 | action to be taken, whether by
amendment of the current | ||||||
9 | plan, if feasible, or by adjustment in the plan
for the | ||||||
10 | following year. Failure to provide the expenditure report | ||||||
11 | or the
notification of remedial or corrective action in a | ||||||
12 | timely manner shall
result in a withholding of the affected | ||||||
13 | funds. | ||||||
14 | The State Board of Education shall promulgate rules and | ||||||
15 | regulations
to implement the provisions of this | ||||||
16 | subsection. No funds shall be released
under this | ||||||
17 | subdivision (H)(4) to any district that has not submitted a | ||||||
18 | plan
that has been approved by the State Board of | ||||||
19 | Education.
| ||||||
20 | (I) (Blank).
| ||||||
21 | (J) (Blank).
| ||||||
22 | (K) Grants to Laboratory and Alternative Schools. | ||||||
23 | In calculating the amount to be paid to the governing board |
| |||||||
| |||||||
1 | of a public
university that operates a laboratory school under | ||||||
2 | this Section or to any
alternative school that is operated by a | ||||||
3 | regional superintendent of schools,
the State
Board of | ||||||
4 | Education shall require by rule such reporting requirements as | ||||||
5 | it
deems necessary. | ||||||
6 | As used in this Section, "laboratory school" means a public | ||||||
7 | school which is
created and operated by a public university and | ||||||
8 | approved by the State Board of
Education. The governing board | ||||||
9 | of a public university which receives funds
from the State | ||||||
10 | Board under this subsection (K) may not increase the number of
| ||||||
11 | students enrolled in its laboratory
school from a single | ||||||
12 | district, if that district is already sending 50 or more
| ||||||
13 | students, except under a mutual agreement between the school | ||||||
14 | board of a
student's district of residence and the university | ||||||
15 | which operates the
laboratory school. A laboratory school may | ||||||
16 | not have more than 1,000 students,
excluding students with | ||||||
17 | disabilities in a special education program. | ||||||
18 | As used in this Section, "alternative school" means a | ||||||
19 | public school which is
created and operated by a Regional | ||||||
20 | Superintendent of Schools and approved by
the State Board of | ||||||
21 | Education. Such alternative schools may offer courses of
| ||||||
22 | instruction for which credit is given in regular school | ||||||
23 | programs, courses to
prepare students for the high school | ||||||
24 | equivalency testing program or vocational
and occupational | ||||||
25 | training. A regional superintendent of schools may contract
| ||||||
26 | with a school district or a public community college district |
| |||||||
| |||||||
1 | to operate an
alternative school. An alternative school serving | ||||||
2 | more than one educational
service region may be established by | ||||||
3 | the regional superintendents of schools
of the affected | ||||||
4 | educational service regions. An alternative school
serving | ||||||
5 | more than one educational service region may be operated under | ||||||
6 | such
terms as the regional superintendents of schools of those | ||||||
7 | educational service
regions may agree. | ||||||
8 | Each laboratory and alternative school shall file, on forms | ||||||
9 | provided by the
State Superintendent of Education, an annual | ||||||
10 | State aid claim which states the
Average Daily Attendance of | ||||||
11 | the school's students by month. The best 3 months'
Average | ||||||
12 | Daily Attendance shall be computed for each school.
The general | ||||||
13 | State aid entitlement shall be computed by multiplying the
| ||||||
14 | applicable Average Daily Attendance by the Foundation Level as | ||||||
15 | determined under
this Section.
| ||||||
16 | (L) Payments, Additional Grants in Aid and Other Requirements. | ||||||
17 | (1) For a school district operating under the financial | ||||||
18 | supervision
of an Authority created under Article 34A, the | ||||||
19 | general State aid otherwise
payable to that district under this | ||||||
20 | Section, but not the supplemental general
State aid, shall be | ||||||
21 | reduced by an amount equal to the budget for
the operations of | ||||||
22 | the Authority as certified by the Authority to the State
Board | ||||||
23 | of Education, and an amount equal to such reduction shall be | ||||||
24 | paid
to the Authority created for such district for its | ||||||
25 | operating expenses in
the manner provided in Section 18-11. The |
| |||||||
| |||||||
1 | remainder
of general State school aid for any such district | ||||||
2 | shall be paid in accordance
with Article 34A when that Article | ||||||
3 | provides for a disposition other than that
provided by this | ||||||
4 | Article. | ||||||
5 | (2) (Blank). | ||||||
6 | (3) Summer school. Summer school payments shall be made as | ||||||
7 | provided in
Section 18-4.3. | ||||||
8 | (4) For the 2015-2016 school year and each school year | ||||||
9 | thereafter, the State Board of Education shall, subject to | ||||||
10 | appropriation, provide a supplemental grant to entities that | ||||||
11 | receive general State aid to limit the loss per student due to | ||||||
12 | the difference between the general State aid claim as | ||||||
13 | calculated under this Section and the amount appropriated for | ||||||
14 | purposes of this Section divided by the Average Daily | ||||||
15 | Attendance as set forth in paragraph (2) of subsection (C) of | ||||||
16 | this Section. This supplemental grant must be paid first to the | ||||||
17 | entity with the greatest loss per student and then to the next | ||||||
18 | entity with the greatest loss per student until losses per | ||||||
19 | student are reduced to their smallest possible amount given | ||||||
20 | this appropriation. | ||||||
21 | For the 2016-2017 school year and each school year | ||||||
22 | thereafter, no entity that receives general State aid may | ||||||
23 | receive a smaller percentage of its general State aid claim as | ||||||
24 | calculated under this Section than the entity received in the | ||||||
25 | 2015-2016 school year.
|
| |||||||
| |||||||
1 | (M) Education Funding Advisory Board. | ||||||
2 | The Education Funding Advisory
Board, hereinafter in this | ||||||
3 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
4 | The Board
shall consist of 5 members who are appointed by the | ||||||
5 | Governor, by and with the
advice and consent of the Senate. The | ||||||
6 | members appointed shall include
representatives of education, | ||||||
7 | business, and the general public. One of the
members so | ||||||
8 | appointed shall be
designated by the Governor at the time the | ||||||
9 | appointment is made as the
chairperson of the
Board.
The | ||||||
10 | initial members of the Board may
be appointed any time after | ||||||
11 | the effective date of this amendatory Act of
1997. The regular | ||||||
12 | term of each member of the
Board shall be for 4 years from the | ||||||
13 | third Monday of January of the
year in which the term of the | ||||||
14 | member's appointment is to commence, except that
of the 5 | ||||||
15 | initial members appointed to serve on the
Board, the member who | ||||||
16 | is appointed as the chairperson shall serve for
a term that | ||||||
17 | commences on the date of his or her appointment and expires on | ||||||
18 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
19 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
20 | after all 5 members are appointed, shall determine 2 of their | ||||||
21 | number to serve
for terms that commence on the date of their
| ||||||
22 | respective appointments and expire on the third
Monday of | ||||||
23 | January, 2001,
and 2 of their number to serve for terms that | ||||||
24 | commence
on the date of their respective appointments and | ||||||
25 | expire on the third Monday
of January, 2000. All members | ||||||
26 | appointed to serve on the
Board shall serve until their |
| |||||||
| |||||||
1 | respective successors are
appointed and confirmed. Vacancies | ||||||
2 | shall be filled in the same manner as
original appointments. If | ||||||
3 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
4 | in session, the Governor shall make a temporary appointment | ||||||
5 | until
the next meeting of the Senate, when he or she shall | ||||||
6 | appoint, by and with the
advice and consent of the Senate, a | ||||||
7 | person to fill that membership for the
unexpired term. If the | ||||||
8 | Senate is not in session when the initial appointments
are | ||||||
9 | made, those appointments shall
be made as in the case of | ||||||
10 | vacancies. | ||||||
11 | The Education Funding Advisory Board shall be deemed | ||||||
12 | established,
and the initial
members appointed by the Governor | ||||||
13 | to serve as members of the
Board shall take office,
on the date | ||||||
14 | that the
Governor makes his or her appointment of the fifth | ||||||
15 | initial member of the
Board, whether those initial members are | ||||||
16 | then serving
pursuant to appointment and confirmation or | ||||||
17 | pursuant to temporary appointments
that are made by the | ||||||
18 | Governor as in the case of vacancies. | ||||||
19 | The State Board of Education shall provide such staff | ||||||
20 | assistance to the
Education Funding Advisory Board as is | ||||||
21 | reasonably required for the proper
performance by the Board of | ||||||
22 | its responsibilities. | ||||||
23 | For school years after the 2000-2001 school year, the | ||||||
24 | Education
Funding Advisory Board, in consultation with the | ||||||
25 | State Board of Education,
shall make recommendations as | ||||||
26 | provided in this subsection (M) to the General
Assembly for the |
| |||||||
| |||||||
1 | foundation level under subdivision (B)(3) of this Section and
| ||||||
2 | for the
supplemental general State aid grant level under | ||||||
3 | subsection (H) of this Section
for districts with high | ||||||
4 | concentrations of children from poverty. The
recommended | ||||||
5 | foundation level shall be determined based on a methodology | ||||||
6 | which
incorporates the basic education expenditures of | ||||||
7 | low-spending schools
exhibiting high academic performance. The | ||||||
8 | Education Funding Advisory Board
shall make such | ||||||
9 | recommendations to the General Assembly on January 1 of odd
| ||||||
10 | numbered years, beginning January 1, 2001.
| ||||||
11 | (N) (Blank).
| ||||||
12 | (O) References. | ||||||
13 | (1) References in other laws to the various subdivisions of
| ||||||
14 | Section 18-8 as that Section existed before its repeal and | ||||||
15 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
16 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
17 | extent that those references remain applicable. | ||||||
18 | (2) References in other laws to State Chapter 1 funds shall | ||||||
19 | be deemed to
refer to the supplemental general State aid | ||||||
20 | provided under subsection (H) of
this Section.
| ||||||
21 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
22 | changes to this Section. Under Section 6 of the Statute on | ||||||
23 | Statutes there is an irreconcilable conflict between Public Act |
| |||||||
| |||||||
1 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
2 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
3 | the law regardless of the text of Public Act 93-808.
| ||||||
4 | (Q) State Fiscal Year 2015 Payments. | ||||||
5 | For payments made for State fiscal year 2015, the State | ||||||
6 | Board of Education shall, for each school district, calculate | ||||||
7 | that district's pro-rata share of a minimum sum of $13,600,000 | ||||||
8 | or additional amounts as needed from the total net General | ||||||
9 | State Aid funding as calculated under this Section that shall | ||||||
10 | be deemed attributable to the provision of special educational | ||||||
11 | facilities and services, as defined in Section 14-1.08 of this | ||||||
12 | Code, in a manner that ensures compliance with maintenance of | ||||||
13 | State financial support requirements under the federal | ||||||
14 | Individuals with Disabilities Education Act. Each school | ||||||
15 | district must use such funds only for the provision of special | ||||||
16 | educational facilities and services, as defined in Section | ||||||
17 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
18 | verification procedures adopted by the State Board of | ||||||
19 | Education.
| ||||||
20 | (R) Repealer. | ||||||
21 | If, and only if, the General State Aid Commission submits | ||||||
22 | its proposed school funding formula to the General Assembly on | ||||||
23 | or before December 31, 2016 as required by subsection (d) of | ||||||
24 | Section 18-21, this Section is repealed on June 1, 2017. |
| |||||||
| |||||||
1 | (Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15.)
| ||||||
2 | (105 ILCS 5/18-21 new) | ||||||
3 | Sec. 18-21. General State Aid Commission. | ||||||
4 | (a) There is created a General State Aid Commission to | ||||||
5 | propose a revised school funding formula for Illinois schools. | ||||||
6 | The Commission shall consist of the following members, all of | ||||||
7 | whom shall serve without compensation but shall be reimbursed | ||||||
8 | for their travel expenses from appropriations to the State | ||||||
9 | Board of Education available for that purpose and subject to | ||||||
10 | the rules of the appropriate travel control board: | ||||||
11 | (1) The State Superintendent of Education, who shall | ||||||
12 | also serve as chairperson of the Commission. | ||||||
13 | (2) The chairperson of the State Board of Education. | ||||||
14 | (3) One member appointed by the Governor. | ||||||
15 | (4) Two members appointed by the Speaker of the House | ||||||
16 | of Representatives. | ||||||
17 | (5) Two members appointed by the Minority Leader of the | ||||||
18 | House of Representatives. | ||||||
19 | (6) Two members appointed by the President of the | ||||||
20 | Senate. | ||||||
21 | (7) Two members appointed by the Minority Leader of the | ||||||
22 | Senate. | ||||||
23 | (b) The General State Aid Commission shall meet at the call | ||||||
24 | of the chairperson. The State Board of Education shall provide | ||||||
25 | administrative and other support to the Commission. |
| |||||||
| |||||||
1 | (c) The General State Aid Commission, acting by affirmative | ||||||
2 | vote of a majority of its members, shall propose a new school | ||||||
3 | funding formula for public schools in this State. The | ||||||
4 | Commission must establish a school funding formula that | ||||||
5 | provides adequate, equitable, transparent, and accountable | ||||||
6 | distribution of funds to school districts that will prepare | ||||||
7 | students for success after high school. | ||||||
8 | (d) The Commission shall submit its proposed school funding | ||||||
9 | formula to the General Assembly for consideration on or before | ||||||
10 | December 31, 2016 by filing copies of its proposal as provided | ||||||
11 | in Section 3.1 of the General Assembly Organization Act. Upon | ||||||
12 | filing its proposal, the Commission is dissolved. | ||||||
13 | (e) This Section is repealed on December 31, 2017.
| ||||||
14 | (105 ILCS 5/19b-15) | ||||||
15 | Sec. 19b-15. Applicable laws. Other State laws and related | ||||||
16 | administrative requirements apply to this Article, including, | ||||||
17 | but not limited to, the following laws and related | ||||||
18 | administrative requirements: the Illinois Human Rights Act, | ||||||
19 | the Prevailing Wage Act, the Public Construction Bond Act, the | ||||||
20 | Public Works Preference Act (repealed on June 16, 2010 by | ||||||
21 | Public Act 96-929), the Employment of Illinois Workers on | ||||||
22 | Public Works Act, the Freedom of Information Act, the Open | ||||||
23 | Meetings Act, the Illinois Architecture Practice Act of 1989, | ||||||
24 | the Professional Engineering Practice Act of 1989, the | ||||||
25 | Structural Engineering Practice Act of 1989, the Local |
| |||||||
| |||||||
1 | Government Professional Services Selection Act, and the | ||||||
2 | Contractor Unified License and Permit Bond Act.
| ||||||
3 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
4 | Section 5-40. The Public Community College Act is amended | ||||||
5 | by changing Section 1-3 as follows:
| ||||||
6 | (110 ILCS 805/1-3)
| ||||||
7 | Sec. 1-3. Applicable laws. Other State laws and related | ||||||
8 | administrative requirements apply to this Act, including, but | ||||||
9 | not limited to, the following laws and related administrative | ||||||
10 | requirements: the Illinois Human Rights Act, the Prevailing | ||||||
11 | Wage Act, the Public Construction Bond Act, the Employment of | ||||||
12 | Illinois Workers on Public Works Act, the Freedom of | ||||||
13 | Information Act, the Open Meetings Act, the Illinois | ||||||
14 | Architecture Practice Act of 1989, the Professional | ||||||
15 | Engineering Practice Act of 1989, the Structural Engineering | ||||||
16 | Practice Act of 1989, the Local Government Professional | ||||||
17 | Services Selection Act, and the Contractor Unified License and | ||||||
18 | Permit Bond Act. The provisions of the Procurement of Domestic | ||||||
19 | Products Act shall apply to this Act to the extent practicable, | ||||||
20 | provided that the Procurement of Domestic Products Act must not | ||||||
21 | be applied to this Act in a manner that is inconsistent with | ||||||
22 | the requirements of this Act.
| ||||||
23 | (Source: P.A. 97-333, eff. 8-12-11; 97-1105, eff. 8-27-12.)
|
| |||||||
| |||||||
1 | Section 5-45. The Illinois Educational Labor Relations Act | ||||||
2 | is amended by changing Sections 4.5 and 7 and by adding | ||||||
3 | Sections 4.7 and 4.8 as follows:
| ||||||
4 | (115 ILCS 5/4.5)
| ||||||
5 | Sec. 4.5. Subjects of collective bargaining.
| ||||||
6 | (a) Notwithstanding the existence of any other provision in | ||||||
7 | this Act or
other law , but subject to Section 4.7 and Section | ||||||
8 | 4.8 , collective bargaining between an educational employer | ||||||
9 | whose
territorial boundaries are coterminous with those of a | ||||||
10 | city having a population
in
excess of 500,000 and an exclusive | ||||||
11 | representative of its employees may
include any of the | ||||||
12 | following
subjects:
| ||||||
13 | (1) (Blank).
| ||||||
14 | (2) Decisions to contract with a third party for one or | ||||||
15 | more services
otherwise performed by employees in a | ||||||
16 | bargaining unit and the
procedures for
obtaining such | ||||||
17 | contract or the identity of the third party.
| ||||||
18 | (3) Decisions to layoff or reduce in force employees.
| ||||||
19 | (4) Decisions to determine class size, class staffing | ||||||
20 | and assignment,
class
schedules, academic calendar, length | ||||||
21 | of the work and school day with respect to a public school | ||||||
22 | district organized under Article 34 of the School Code | ||||||
23 | only, length of the work and school year with respect to a | ||||||
24 | public school district organized under Article 34 of the | ||||||
25 | School Code only, hours and places of instruction, or pupil
|
| |||||||
| |||||||
1 | assessment policies.
| ||||||
2 | (5) Decisions concerning use and staffing of | ||||||
3 | experimental or pilot
programs and
decisions concerning | ||||||
4 | use of technology to deliver educational programs and
| ||||||
5 | services and staffing to provide the technology.
| ||||||
6 | (b) The subject or matters described in subsection (a) are | ||||||
7 | permissive
subjects of bargaining between an educational | ||||||
8 | employer and an exclusive
representative of its employees and, | ||||||
9 | for the purpose of this Act, are within
the sole
discretion of | ||||||
10 | the educational employer to decide
to bargain, provided that | ||||||
11 | the educational employer is required to bargain
over the impact | ||||||
12 | of a decision concerning such subject or matter on the
| ||||||
13 | bargaining unit upon request by the exclusive representative. | ||||||
14 | During
this bargaining, the educational employer shall not be | ||||||
15 | precluded from
implementing its decision. If, after a | ||||||
16 | reasonable period of bargaining, a
dispute or impasse exists | ||||||
17 | between the educational employer and the
exclusive | ||||||
18 | representative, the dispute or impasse shall be resolved | ||||||
19 | exclusively
as set
forth in subsection (b) of Section 12 of | ||||||
20 | this Act in lieu of a strike under
Section 13 of this Act. | ||||||
21 | Neither the Board nor any mediator or fact-finder appointed | ||||||
22 | pursuant to subsection (a-10) of Section 12 of this Act shall | ||||||
23 | have jurisdiction over such a dispute or impasse.
| ||||||
24 | (c) A provision in a collective bargaining agreement that | ||||||
25 | was rendered
null
and void
because it involved a
prohibited | ||||||
26 | subject of collective bargaining
under this subsection (c) as |
| |||||||
| |||||||
1 | this subsection (c) existed before the effective
date of
this | ||||||
2 | amendatory Act of the 93rd General Assembly
remains null and | ||||||
3 | void and
shall not otherwise be reinstated in any successor | ||||||
4 | agreement unless the
educational employer and exclusive | ||||||
5 | representative otherwise agree to
include an agreement reached | ||||||
6 | on a subject or matter described in
subsection (a) of this | ||||||
7 | Section as subsection (a) existed before this amendatory
Act of
| ||||||
8 | the 93rd General Assembly.
| ||||||
9 | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
| ||||||
10 | (115 ILCS 5/4.7 new) | ||||||
11 | Sec. 4.7. Local election for permissive bargaining. | ||||||
12 | (a) This subsection (a) applies to each educational | ||||||
13 | employer that has been designated (i) pursuant to this Section | ||||||
14 | as a "permissive educational employer", or (ii) pursuant to | ||||||
15 | Section 4.1 of the Illinois Public Labor Relations Act as a | ||||||
16 | "permissive public employer". For the purposes of this | ||||||
17 | subsection (a), each such employer is referred to as a | ||||||
18 | "permissive educational employer". With respect to a | ||||||
19 | permissive educational employer, the provisions of this | ||||||
20 | subsection (a) apply notwithstanding any other provision of | ||||||
21 | this Act to the contrary. | ||||||
22 | Every matter, other than a matter that is a prohibited | ||||||
23 | subject of bargaining pursuant to Section 4.8 or pursuant to | ||||||
24 | another provision of this Act, is a permissive subject of | ||||||
25 | bargaining between a permissive educational employer and an |
| |||||||
| |||||||
1 | exclusive representative of its educational employees, | ||||||
2 | including, but not limited to, wages, hours, other terms and | ||||||
3 | conditions of employment, and the impact and implementation of | ||||||
4 | each matter or changes related thereto, and, for the purpose of | ||||||
5 | this Act, are within the sole discretion of the permissive | ||||||
6 | educational employer to decide to bargain, notwithstanding | ||||||
7 | whether the permissive educational employer previously | ||||||
8 | bargained over that matter. It shall be unlawful to engage in a | ||||||
9 | strike over a permissive subject of bargaining over which a | ||||||
10 | permissive educational employer has decided not to bargain. | ||||||
11 | Nothing in this Section shall be construed to impair any | ||||||
12 | contract existing on the date the educational employer becomes | ||||||
13 | a permissive public employer or a permissive educational | ||||||
14 | employer during the term of that contract. | ||||||
15 | With respect to an educational employer that has been | ||||||
16 | designated as a permissive public employer under Section 4.1 of | ||||||
17 | the Illinois Public Labor Relations Act or a permissive | ||||||
18 | educational employer under this Section, the provisions of this | ||||||
19 | subsection (a) apply to both educational employees under this | ||||||
20 | Act and public employees of the employer under the Illinois | ||||||
21 | Public Labor Relations Act. | ||||||
22 | (b) The governing body of an educational employer may, by | ||||||
23 | resolution, elect to be a permissive educational employer | ||||||
24 | under, and be subject to the provisions of, subsection (a) of | ||||||
25 | this Section. | ||||||
26 | (c) If a petition, signed by a number of registered voters |
| |||||||
| |||||||
1 | equal in number to at least 5% of the total number of | ||||||
2 | registered voters in a public school district or community | ||||||
3 | college district, asking that the public school district or | ||||||
4 | community college district be a "permissive educational | ||||||
5 | employer" under, and be subject to the provisions of, | ||||||
6 | subsection (a) of this Section is presented to the clerk of | ||||||
7 | that public school district or community college district, the | ||||||
8 | clerk shall certify the question of whether that public school | ||||||
9 | district or community college district should be a "permissive | ||||||
10 | educational employer" and subject to such provisions to the | ||||||
11 | proper election authority, who shall submit the question at the | ||||||
12 | next election in accordance with the general election law. | ||||||
13 | The question of whether the school district or community | ||||||
14 | college district to be a "permissive public employer" under, | ||||||
15 | and be subject to the provisions of, subsection (a) of this | ||||||
16 | Section shall be presented in substantially the following form: | ||||||
17 | Shall (insert the legal name of the public school | ||||||
18 | district or community college district) be subject to the | ||||||
19 | provisions of subsection (a) of Section 4.7 of the Illinois | ||||||
20 | Educational Labor Relations Act, such that (insert the | ||||||
21 | legal name of the school district or community college | ||||||
22 | district) would have discretion to determine over which | ||||||
23 | matters it will bargain with labor organizations | ||||||
24 | representing its employees? | ||||||
25 | The votes must be recorded as "Yes" or "No". If a majority | ||||||
26 | of voters voting on the question are in favor of causing the |
| |||||||
| |||||||
1 | public school district to be subject to subsection (a) of this | ||||||
2 | Section, the public school district or community college | ||||||
3 | district shall be a "permissive educational employer" under, | ||||||
4 | and be subject to the provisions of, subsection (a) of this | ||||||
5 | Section.
| ||||||
6 | (115 ILCS 5/4.8 new) | ||||||
7 | Sec. 4.8. Local election to prohibit certain subjects of | ||||||
8 | bargaining. | ||||||
9 | (a) Notwithstanding any other provision of this Act to the | ||||||
10 | contrary, an educational employer may not bargain with an | ||||||
11 | exclusive representative of its educational employees over the | ||||||
12 | following subjects if and to the extent that (i) the governing | ||||||
13 | authority of that educational employer, by ordinance or | ||||||
14 | resolution, decides to prohibit bargaining these subjects or | ||||||
15 | (ii) in the case of an educational employer that is a public | ||||||
16 | school district or a community college district, the voters of | ||||||
17 | that public school district have decided by referendum | ||||||
18 | conducted pursuant to subsection (b) of this Section to | ||||||
19 | prohibit bargaining on: | ||||||
20 | (1) the decision of the employer to contract with a | ||||||
21 | third party for any services, the process for bidding on | ||||||
22 | such a contract, the identity of the provider of such | ||||||
23 | services, or the effect of any such contract on bargaining | ||||||
24 | unit members, provided that this subsection does not limit | ||||||
25 | the ability of employees or a labor organization to bid on |
| |||||||
| |||||||
1 | any such contract; | ||||||
2 | (2) the payment of wages and benefits in the aggregate | ||||||
3 | to all employees of the employer in excess of the budgeted | ||||||
4 | amount specified by ordinance or resolution of the | ||||||
5 | governing authority of the public employer; | ||||||
6 | (3) the provision of any health insurance, including | ||||||
7 | the payment of premiums, the extent of coverage, or the | ||||||
8 | identity of the insurer; | ||||||
9 | (4) the use of employee time for business of the labor | ||||||
10 | organization, other than reasonable time provided to an | ||||||
11 | employee to attend a grievance hearing when his or her | ||||||
12 | rights are substantially affected by the hearing or his or | ||||||
13 | her testimony is needed for the determination of any | ||||||
14 | substantial factual question; | ||||||
15 | (5) required levels of staffing for departments, | ||||||
16 | divisions, shifts, stations, or assignments; | ||||||
17 | (6) procedures, processes, forms, and criteria for | ||||||
18 | personnel evaluations, or the use of evaluations or | ||||||
19 | seniority in assignments, promotions, layoffs, and | ||||||
20 | reductions-in-force; or | ||||||
21 | (7) curriculum or standards of student academic | ||||||
22 | performance, conduct, and discipline in school. | ||||||
23 | (b) If a petition, signed by a number of registered voters | ||||||
24 | equal in number to at least 5% of the total number of | ||||||
25 | registered voters in a public school district or community | ||||||
26 | college district, asking to prohibit a specific subject of |
| |||||||
| |||||||
1 | collective bargaining by that is presented to the clerk of that | ||||||
2 | public school district or community college district, the clerk | ||||||
3 | shall certify that question to the proper election authority, | ||||||
4 | who shall submit the question at the next election in | ||||||
5 | accordance with the general election law. | ||||||
6 | The petition shall specify the specific subject of | ||||||
7 | collective bargaining to be prohibited, as set out in | ||||||
8 | paragraphs (1) through (7) of subsection (a) of this Section. | ||||||
9 | Each such paragraph is a separate subject of collective | ||||||
10 | bargaining. Each petition may propose to prohibit collective | ||||||
11 | bargaining of one subject. | ||||||
12 | The question of whether to prohibit a specific subject of | ||||||
13 | collective bargaining shall be presented in substantially the | ||||||
14 | following form: | ||||||
15 | Shall (insert the legal name of the school district or | ||||||
16 | community college district) be prohibited from | ||||||
17 | collectively bargaining with labor organizations | ||||||
18 | representing its employees over (insert the specific | ||||||
19 | subject under subsection (a) of this Section)? | ||||||
20 | The votes must be recorded as "Yes" or "No". If a majority | ||||||
21 | of voters voting on the question are in favor of prohibiting | ||||||
22 | collective bargaining over that subject, that school district | ||||||
23 | or community college district may not bargain with an exclusive | ||||||
24 | representative of its educational employees over that subject.
| ||||||
25 | (115 ILCS 5/7) (from Ch. 48, par. 1707)
|
| |||||||
| |||||||
1 | Sec. 7. Recognition of exclusive bargaining | ||||||
2 | representatives - unit
determination. The Board is empowered | ||||||
3 | to administer the
recognition of bargaining representatives of | ||||||
4 | employees of public school
districts, including employees of | ||||||
5 | districts which have entered into joint
agreements, or | ||||||
6 | employees of public community college districts, or any
State | ||||||
7 | college or university, and any State agency whose major | ||||||
8 | function is
providing educational services, making certain | ||||||
9 | that each bargaining unit
contains employees with an | ||||||
10 | identifiable community of interest and that no unit
includes | ||||||
11 | both professional employees and nonprofessional employees | ||||||
12 | unless a
majority of employees in each group vote for inclusion | ||||||
13 | in the unit.
| ||||||
14 | (a) In determining the appropriateness of a unit, the Board
| ||||||
15 | shall decide in each case, in order to ensure employees the | ||||||
16 | fullest freedom
in exercising the rights guaranteed by this | ||||||
17 | Act, the unit appropriate for
the purpose of collective | ||||||
18 | bargaining, based upon but not limited to such
factors as | ||||||
19 | historical pattern of recognition, community of interest, | ||||||
20 | including
employee skills and functions, degree of functional | ||||||
21 | integration,
interchangeability and contact among employees, | ||||||
22 | common supervision, wages,
hours and other working conditions | ||||||
23 | of the employees involved, and the desires
of the employees. | ||||||
24 | Nothing in this Act, except as herein provided, shall
interfere | ||||||
25 | with or negate the
current representation rights or patterns | ||||||
26 | and practices of employee
organizations which have |
| |||||||
| |||||||
1 | historically represented employees for the purposes of
| ||||||
2 | collective bargaining, including but not limited to the | ||||||
3 | negotiations of wages,
hours and working conditions, | ||||||
4 | resolutions of employees' grievances, or
resolution of | ||||||
5 | jurisdictional disputes, or the establishment and maintenance | ||||||
6 | of
prevailing wage rates, unless a majority of the employees so | ||||||
7 | represented
expresses a contrary desire under the procedures | ||||||
8 | set forth in this Act. This
Section, however, does not prohibit | ||||||
9 | multi-unit bargaining. Notwithstanding the
above factors, | ||||||
10 | where the majority of public employees of a craft so decide, | ||||||
11 | the
Board shall designate such craft as a unit appropriate for | ||||||
12 | the purposes of
collective bargaining.
| ||||||
13 | The sole appropriate bargaining unit for tenured and | ||||||
14 | tenure-track
academic faculty at
each campus
of
the
University | ||||||
15 | of Illinois shall be a unit that is comprised of
| ||||||
16 | non-supervisory academic faculty employed more than half-time | ||||||
17 | and
that includes all tenured and tenure-track
faculty
of that | ||||||
18 | University campus employed by the board of trustees in all of | ||||||
19 | the campus's undergraduate, graduate, and
professional
schools | ||||||
20 | and degree and non-degree programs
(with the exception of the | ||||||
21 | college of medicine, the college of pharmacy,
the college of | ||||||
22 | dentistry, the college of law, and the college of veterinary
| ||||||
23 | medicine, each of which shall have its own separate unit), | ||||||
24 | regardless of
current
or
historical representation rights or | ||||||
25 | patterns or the application of any
other factors. Any decision, | ||||||
26 | rule, or regulation promulgated by the
Board to the contrary |
| |||||||
| |||||||
1 | shall be null and void.
| ||||||
2 | (b) An educational employer shall voluntarily recognize a | ||||||
3 | labor organization
for collective bargaining purposes if that | ||||||
4 | organization appears to represent
a majority of employees in | ||||||
5 | the unit. The employer shall post notice
of its intent to so | ||||||
6 | recognize for a period of at least 20 school days on
bulletin | ||||||
7 | boards or other places used or reserved for employee notices.
| ||||||
8 | Thereafter, the employer, if satisfied as to the majority | ||||||
9 | status of the
employee organization, shall send written | ||||||
10 | notification of such recognition
to the Board for | ||||||
11 | certification.
Any dispute regarding the majority status of
a | ||||||
12 | labor organization shall be
resolved by the Board which shall | ||||||
13 | make the determination of majority
status.
| ||||||
14 | Within the 20 day notice period, however, any other | ||||||
15 | interested employee
organization may petition the Board to seek | ||||||
16 | recognition as the exclusive
representative of the unit in the | ||||||
17 | manner specified by rules and regulations
prescribed by the | ||||||
18 | Board, if such interested employee organization has been
| ||||||
19 | designated by at least 15% of the employees in an appropriate | ||||||
20 | bargaining unit
which includes all or some of the employees in | ||||||
21 | the unit intended to be
recognized by the employer. In such | ||||||
22 | event, the Board shall proceed with the
petition in the same | ||||||
23 | manner as provided in paragraph (c) of this Section.
| ||||||
24 | (c) A labor organization may also gain recognition as the | ||||||
25 | exclusive
representative by an election of the employees in the | ||||||
26 | unit. Petitions
requesting an election may be filed with the |
| |||||||
| |||||||
1 | Board:
| ||||||
2 | (1) by an employee or group of employees or any labor | ||||||
3 | organizations acting
on their behalf alleging and | ||||||
4 | presenting evidence that 30% or more of the
employees in a | ||||||
5 | bargaining unit wish to be represented for collective | ||||||
6 | bargaining
or that the labor organization which has been | ||||||
7 | acting as the exclusive
bargaining representative is no | ||||||
8 | longer representative of a majority of the
employees in the | ||||||
9 | unit; or
| ||||||
10 | (2) by an employer alleging that one or more labor | ||||||
11 | organizations have
presented a claim to be recognized as an | ||||||
12 | exclusive bargaining representative
of a majority of the | ||||||
13 | employees in an appropriate unit and that it doubts
the | ||||||
14 | majority status of any of the organizations or that it | ||||||
15 | doubts the majority
status of an exclusive bargaining | ||||||
16 | representative.
| ||||||
17 | The Board shall investigate the petition and if it has | ||||||
18 | reasonable cause to
suspect that a question of representation | ||||||
19 | exists, it shall give notice and
conduct a hearing. If it finds | ||||||
20 | upon the record of the hearing that a question
of | ||||||
21 | representation exists, it shall direct an election, which shall | ||||||
22 | be held no
later than 90 days after the date the petition was | ||||||
23 | filed. Nothing prohibits
the waiving of hearings by the parties | ||||||
24 | and the conduct of consent elections.
| ||||||
25 | (c-5) The Board shall designate an exclusive | ||||||
26 | representative for purposes
of
collective bargaining when the |
| |||||||
| |||||||
1 | representative demonstrates a showing of
majority interest by | ||||||
2 | employees in the unit. If the parties to a dispute are
without
| ||||||
3 | agreement on the means to ascertain the choice, if any, of | ||||||
4 | employee
organization as their representative, the Board shall | ||||||
5 | ascertain the employees'
choice of
employee organization, on | ||||||
6 | the basis of dues deduction authorization or other
evidence, | ||||||
7 | or, if necessary, by conducting an election. All evidence | ||||||
8 | submitted by an employee organization to the Board to ascertain | ||||||
9 | an employee's choice of an employee organization is | ||||||
10 | confidential and shall not be submitted to the employer for | ||||||
11 | review. The Board shall ascertain the employee's choice of | ||||||
12 | employee organization within 120 days after the filing of the | ||||||
13 | majority interest petition; however, the Board may extend time | ||||||
14 | by an additional 60 days, upon its own motion or upon the | ||||||
15 | motion of a party to the proceeding. If either party provides
| ||||||
16 | to the Board, before the designation of a representative, clear | ||||||
17 | and convincing
evidence that the dues deduction | ||||||
18 | authorizations, and other evidence upon which
the Board would | ||||||
19 | otherwise rely to ascertain the employees' choice of
| ||||||
20 | representative, are fraudulent or were obtained through | ||||||
21 | coercion, the Board
shall promptly thereafter conduct an | ||||||
22 | election. The Board shall also investigate
and consider a | ||||||
23 | party's allegations that the dues deduction authorizations and
| ||||||
24 | other evidence submitted in support of a designation of | ||||||
25 | representative without
an election were subsequently changed, | ||||||
26 | altered, withdrawn, or withheld as a
result of employer fraud, |
| |||||||
| |||||||
1 | coercion, or any other unfair labor practice by the
employer. | ||||||
2 | If the Board determines that a labor organization would have | ||||||
3 | had a
majority interest but for an employer's fraud, coercion, | ||||||
4 | or unfair labor
practice, it shall designate the labor | ||||||
5 | organization as an exclusive
representative without conducting | ||||||
6 | an election. If a hearing is necessary to resolve any issues of | ||||||
7 | representation under this Section, the Board shall conclude its | ||||||
8 | hearing process and issue a certification of the entire | ||||||
9 | appropriate unit not later than 120 days after the date the | ||||||
10 | petition was filed. The 120-day period may be extended one or | ||||||
11 | more times by the agreement of all parties to a hearing to a | ||||||
12 | date certain.
| ||||||
13 | (c-6) A labor organization or an employer may file a unit | ||||||
14 | clarification petition seeking to clarify an existing | ||||||
15 | bargaining unit. The Board shall conclude its investigation, | ||||||
16 | including any hearing process deemed necessary, and issue a | ||||||
17 | certification of clarified unit or dismiss the petition not | ||||||
18 | later than 120 days after the date the petition was filed. The | ||||||
19 | 120-day period may be extended one or more times by the | ||||||
20 | agreement of all parties to a hearing to a date certain. | ||||||
21 | (d) An order of the Board dismissing a representation | ||||||
22 | petition, determining
and certifying that a labor organization | ||||||
23 | has been fairly and freely chosen by a
majority of employees in | ||||||
24 | an appropriate bargaining unit, determining and
certifying | ||||||
25 | that a labor organization has not been fairly and freely chosen | ||||||
26 | by a
majority of employees in the bargaining unit or certifying |
| |||||||
| |||||||
1 | a labor organization
as the exclusive representative of | ||||||
2 | employees in an appropriate bargaining unit
because of a | ||||||
3 | determination by the Board that the labor organization is the
| ||||||
4 | historical bargaining representative of employees in the | ||||||
5 | bargaining unit,
is a final order. Any person aggrieved by any | ||||||
6 | such order issued on or after
the effective date of this | ||||||
7 | amendatory Act of 1987 may apply for and obtain
judicial review | ||||||
8 | in accordance with provisions of the Administrative Review Law,
| ||||||
9 | as now or hereafter amended, except that such review shall be | ||||||
10 | afforded directly
in the Appellate Court of a judicial district | ||||||
11 | in which the Board maintains an
office. Any direct appeal to | ||||||
12 | the Appellate Court shall be filed within 35 days
from the date | ||||||
13 | that a copy of the decision sought to be reviewed was served | ||||||
14 | upon
the party affected by the decision.
| ||||||
15 | No election may be conducted in any bargaining unit during | ||||||
16 | the term of
a collective bargaining agreement covering such | ||||||
17 | unit or subdivision thereof,
except the Board may direct an | ||||||
18 | election after the filing
of a petition between January 15 and | ||||||
19 | March 1 of the final year of a collective
bargaining agreement. | ||||||
20 | Nothing in this Section prohibits the negotiation
of a | ||||||
21 | collective bargaining agreement covering a period not | ||||||
22 | exceeding 3 years.
A collective bargaining agreement of less | ||||||
23 | than 3 years may be extended up
to 3 years by the parties if the | ||||||
24 | extension is agreed to in writing before
the filing of a | ||||||
25 | petition under this Section. In such case, the final year
of | ||||||
26 | the extension is the final year of the collective bargaining |
| |||||||
| |||||||
1 | agreement.
No election may be conducted in a bargaining unit, | ||||||
2 | or subdivision thereof,
in which a valid election has been held | ||||||
3 | within the preceding 12 month period.
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| ||||||
5 | Section 5-50. The Prevailing Wage Act is amended by | ||||||
6 | changing Section 2 and by adding Section 3.5 as follows:
| ||||||
7 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| ||||||
8 | Sec. 2. This Act applies to the wages of laborers, | ||||||
9 | mechanics and
other workers employed in any public works, as | ||||||
10 | hereinafter defined, by
any public body and to anyone under | ||||||
11 | contracts for public works. This includes any maintenance, | ||||||
12 | repair, assembly, or disassembly work performed on equipment | ||||||
13 | whether owned, leased, or rented.
| ||||||
14 | As used in this Act, unless the context indicates | ||||||
15 | otherwise:
| ||||||
16 | "Public works" means all fixed works constructed or | ||||||
17 | demolished by
any public body,
or paid for wholly or in part | ||||||
18 | out of public funds. "Public works" as
defined herein includes | ||||||
19 | all projects financed in whole
or in part with bonds, grants, | ||||||
20 | loans, or other funds made available by or through the State or | ||||||
21 | any of its political subdivisions, including but not limited | ||||||
22 | to: bonds issued under the Industrial Project Revenue Bond
Act | ||||||
23 | (Article 11, Division 74 of the Illinois Municipal Code), the | ||||||
24 | Industrial
Building Revenue Bond Act, the Illinois Finance |
| |||||||
| |||||||
1 | Authority Act,
the Illinois Sports Facilities Authority Act, or | ||||||
2 | the Build Illinois Bond Act; loans or other funds made
| ||||||
3 | available pursuant to the Build Illinois Act; loans or other | ||||||
4 | funds made available pursuant to the Riverfront Development | ||||||
5 | Fund under Section 10-15 of the River Edge Redevelopment Zone | ||||||
6 | Act; or funds from the Fund for
Illinois' Future under Section | ||||||
7 | 6z-47 of the State Finance Act, funds for school
construction | ||||||
8 | under Section 5 of the General Obligation Bond Act, funds
| ||||||
9 | authorized under Section 3 of the School Construction Bond Act, | ||||||
10 | funds for
school infrastructure under Section 6z-45 of the | ||||||
11 | State Finance Act, and funds
for transportation purposes under | ||||||
12 | Section 4 of the General Obligation Bond
Act. "Public works" | ||||||
13 | also includes (i) all projects financed in whole or in part
| ||||||
14 | with funds from the Department of Commerce and Economic | ||||||
15 | Opportunity under the Illinois Renewable Fuels Development | ||||||
16 | Program
Act for which there is no project labor agreement; (ii) | ||||||
17 | all work performed pursuant to a public private agreement under | ||||||
18 | the Public Private Agreements for the Illiana Expressway Act or | ||||||
19 | the Public-Private Agreements for the South Suburban Airport | ||||||
20 | Act; and (iii) all projects undertaken under a public-private | ||||||
21 | agreement under the Public-Private Partnerships for | ||||||
22 | Transportation Act. "Public works" also includes all projects | ||||||
23 | at leased facility property used for airport purposes under | ||||||
24 | Section 35 of the Local Government Facility Lease Act. "Public | ||||||
25 | works" also includes the construction of a new wind power | ||||||
26 | facility by a business designated as a High Impact Business |
| |||||||
| |||||||
1 | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| ||||||
2 | "Public works" does not include work done directly by any | ||||||
3 | public utility company, whether or not done under public | ||||||
4 | supervision or direction, or paid for wholly or in part out of | ||||||
5 | public funds. "Public works" also includes any corrective | ||||||
6 | action performed pursuant to Title XVI of the Environmental | ||||||
7 | Protection Act for which payment from the Underground Storage | ||||||
8 | Tank Fund is requested. "Public works" does not include | ||||||
9 | projects undertaken by the owner at an owner-occupied | ||||||
10 | single-family residence or at an owner-occupied unit of a | ||||||
11 | multi-family residence. "Public works" does not include work | ||||||
12 | performed for soil and water conservation purposes on | ||||||
13 | agricultural lands, whether or not done under public | ||||||
14 | supervision or paid for wholly or in part out of public funds, | ||||||
15 | done directly by an owner or person who has legal control of | ||||||
16 | those lands.
| ||||||
17 | "Public works" does not include work done or projects | ||||||
18 | performed by or on behalf of a unit of local government, school | ||||||
19 | district, or community college district whether or not done | ||||||
20 | under public supervision or paid for wholly or in part with | ||||||
21 | public funds and whether or not owned by a unit of local | ||||||
22 | government, school district, or community college district. | ||||||
23 | "Construction" means all work on public works involving | ||||||
24 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
25 | repair, assembly, or disassembly work performed on equipment | ||||||
26 | whether owned, leased, or rented.
|
| |||||||
| |||||||
1 | "Locality" means the county where the physical work upon | ||||||
2 | public works
is performed, except (1) that if there is not | ||||||
3 | available in the county a
sufficient number of competent | ||||||
4 | skilled laborers, workers and mechanics
to construct the public | ||||||
5 | works efficiently and properly, "locality"
includes any other | ||||||
6 | county nearest the one in which the work or
construction is to | ||||||
7 | be performed and from which such persons may be
obtained in | ||||||
8 | sufficient numbers to perform the work and (2) that, with
| ||||||
9 | respect to contracts for highway work with the Department of
| ||||||
10 | Transportation of this State, "locality" may at the discretion | ||||||
11 | of the
Secretary of the Department of Transportation be | ||||||
12 | construed to include
two or more adjacent counties from which | ||||||
13 | workers may be accessible for
work on such construction.
| ||||||
14 | "Public body" means the State or any officer, board or | ||||||
15 | commission of
the State or any political subdivision or | ||||||
16 | department thereof, or any
institution supported in whole or in | ||||||
17 | part by public funds ; "public body" does not, however, include | ||||||
18 | a unit of local government, school district, or community | ||||||
19 | college district ,
and includes every county, city, town,
| ||||||
20 | village, township, school district, irrigation, utility, | ||||||
21 | reclamation
improvement or other district and every other | ||||||
22 | political subdivision,
district or municipality of the state | ||||||
23 | whether such political
subdivision, municipality or district | ||||||
24 | operates under a special charter
or not .
| ||||||
25 | The terms "general prevailing rate of hourly wages", | ||||||
26 | "general
prevailing rate of wages" or "prevailing rate of |
| |||||||
| |||||||
1 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
2 | annualized fringe benefits for training and
apprenticeship | ||||||
3 | programs approved by the U.S. Department of Labor, Bureau of
| ||||||
4 | Apprenticeship and Training, health and welfare, insurance, | ||||||
5 | vacations and
pensions paid generally, in the
locality in which | ||||||
6 | the work is being performed, to employees engaged in
work of a | ||||||
7 | similar character on public works.
| ||||||
8 | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | ||||||
9 | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | ||||||
10 | 7-16-14.)
| ||||||
11 | (820 ILCS 130/3.5 new) | ||||||
12 | Sec. 3.5. Prevailing wage for workers employed in the | ||||||
13 | construction of fixed works. Each unit of local government, | ||||||
14 | school district, and community college district, including | ||||||
15 | each home rule unit and non-home rule unit, is authorized to | ||||||
16 | require by ordinance or resolution that prevailing wages be | ||||||
17 | paid to laborers, mechanics, and other workers employed in the | ||||||
18 | construction of fixed works by or on behalf of the unit of | ||||||
19 | local government, school district, or community college | ||||||
20 | district, other than public works to which this Act applies, | ||||||
21 | and to provide the mechanism by which prevailing wages shall be | ||||||
22 | ascertained for such projects.
| ||||||
23 | Section 5-90. The State Mandates Act is amended by adding | ||||||
24 | Section 8.39 as follows:
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (30 ILCS 805/8.39 new) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | of this Act, no reimbursement by the State is required for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | implementation of any mandate created by this amendatory Act of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | the 99th General Assembly.
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