Illinois-2015-SB2152-Introduced

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2152

Introduced 7/14/2015, by Sen. Christine Radogno

SYNOPSIS AS INTRODUCED:

See Index

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.

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FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

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.

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.

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:

7 (5 ILCS 315/3) (from Ch. 48, par. 1603)

8 Sec. 3. Definitions. As used in this Act, unless the

9 context otherwise requires:

10 (a) "Board" means the Illinois Labor Relations Board or,

11 with respect to a matter over which the jurisdiction of the

12 Board is assigned to the State Panel or the Local Panel under

13 Section 5, the panel having jurisdiction over the matter.

14 (b) "Collective bargaining" means bargaining over terms

15 and conditions of employment, including hours, wages, and other

16 conditions of employment, as detailed in Section 7 and which

17 are not excluded by Section 4, Section 4.1, or Section 4.2.

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

23 authorized access to information relating to the effectuation

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1 or review of the employer's collective bargaining policies.

2 (d) "Craft employees" means skilled journeymen, crafts

3 persons, and their apprentices and helpers.

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.

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

15 employees in an appropriate bargaining unit in accordance with

16 the procedures contained in this Act, (ii) historically

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

22 employer upon evidence, acceptable to the Board, that the labor

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.

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

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

2 representative by a majority of the peace officers or fire

3 fighters in an appropriate bargaining unit.

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

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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

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).

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

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

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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

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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

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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

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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.

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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,

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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

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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

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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

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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;

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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

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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.

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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

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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

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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

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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

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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 4.2of 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

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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

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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

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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

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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.)

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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

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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

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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,

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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

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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

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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 yearand 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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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.)

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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

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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

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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

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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

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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.

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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".

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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.

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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

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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

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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

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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

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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

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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.

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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.

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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

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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).

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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.

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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.

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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

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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.)

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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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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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.

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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

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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:

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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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1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 315/3 from Ch. 48, par. 1603

4 5 ILCS 315/4.1 new

5 5 ILCS 315/4.2 new

6 5 ILCS 315/6 from Ch. 48, par. 1606

7 5 ILCS 315/7 from Ch. 48, par. 1607

8 35 ILCS 200/18-185

9 35 ILCS 200/18-205

10 35 ILCS 200/18-214

11 35 ILCS 200/18-242 new

12 50 ILCS 515/3

13 50 ILCS 615/35

14 55 ILCS 5/5-1134

15 60 ILCS 1/100-20 rep.

16 105 ILCS 5/1C-10 new

17 105 ILCS 5/1D-5 new

18 105 ILCS 5/18-8.05

19 105 ILCS 5/18-21 new

20 105 ILCS 5/19b-15

21 110 ILCS 805/1-3

22 115 ILCS 5/4.5

23 115 ILCS 5/4.7 new

24 115 ILCS 5/4.8 new

25 115 ILCS 5/7 from Ch. 48, par. 1707

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