99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0072

Introduced 1/28/2015, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:

See Index

Amends the Project Labor Agreements Act. Prohibits the State Board of Education and the Capital Development Board from requiring a project labor agreement for any school construction project or grant. Authorizes a board of education to exempt any school construction project from the requirements of the Act. Amends the Downstate Teachers Article of the Illinois Pension Code. Incrementally shifts the System's normal costs to local school districts, but only if certain State mandates are funded by the State. Includes provisions concerning billing, review, and payment. Amends the School Code. Makes changes in provisions concerning mandates for public and private schools. Repeals the Driver's Education Act. Amends the Illinois Educational Labor Relations Act. Prohibits school districts from entering into, amending, or renewing certain technology-related collective bargaining agreements. Amends the Prevailing Wage Act. Provides that a board of education may exempt school construction projects undertaken in the district from the Act. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes. Effective immediately.

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FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning education.

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

3 represented in the General Assembly:

4 Section 5. The Illinois Public Labor Relations Act is

5 amended by changing Section 15 as follows:

6 (5 ILCS 315/15) (from Ch. 48, par. 1615)

7 Sec. 15. Act takes precedence.

8 (a) In case of any conflict between the provisions of this

9 Act and any other law (other than Section 5 of the State

10 Employees Group Insurance Act of 1971 and other than the

11 changes made by this amendatory Act of the 99th General

12 Assembly or to the Illinois Pension Code by Public Act 96-889

13 and other than as provided in Section 7.5), executive order or

14 administrative regulation relating to wages, hours and

15 conditions of employment and employment relations, the

16 provisions of this Act or any collective bargaining agreement

17 negotiated thereunder shall prevail and control. Nothing in

18 this Act shall be construed to replace or diminish the rights

19 of employees established by Sections 28 and 28a of the

20 Metropolitan Transit Authority Act, Sections 2.15 through 2.19

21 of the Regional Transportation Authority Act. The provisions of

22 this Act are subject to Section 7.5 of this Act and Section 5

23 of the State Employees Group Insurance Act of 1971. Nothing in

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1 this Act shall be construed to replace the necessity of

2 complaints against a sworn peace officer, as defined in Section

3 2(a) of the Uniform Peace Officer Disciplinary Act, from having

4 a complaint supported by a sworn affidavit.

5 (b) Except as provided in subsection (a) above, any

6 collective bargaining contract between a public employer and a

7 labor organization executed pursuant to this Act shall

8 supersede any contrary statutes, charters, ordinances, rules

9 or regulations relating to wages, hours and conditions of

10 employment and employment relations adopted by the public

11 employer or its agents. Any collective bargaining agreement

12 entered into prior to the effective date of this Act shall

13 remain in full force during its duration.

14 (c) It is the public policy of this State, pursuant to

15 paragraphs (h) and (i) of Section 6 of Article VII of the

16 Illinois Constitution, that the provisions of this Act are the

17 exclusive exercise by the State of powers and functions which

18 might otherwise be exercised by home rule units. Such powers

19 and functions may not be exercised concurrently, either

20 directly or indirectly, by any unit of local government,

21 including any home rule unit, except as otherwise authorized by

22 this Act.

23 (Source: P.A. 98-599, eff. 6-1-14.)

24 Section 10. The Project Labor Agreements Act is amended by

25 changing Sections 10 and 15 and by adding Section 17 as

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1 follows:

2 (30 ILCS 571/10)

3 Sec. 10. Public works projects. Except as provided in

4 Section 17 of this Act, on ~~On~~ a project-by-project basis, a

5 State department, agency, authority, board, or instrumentality

6 that is under the control of the Governor shall include a

7 project labor agreement on a public works project when that

8 department, agency, authority, board, or instrumentality has

9 determined that the agreement advances the State's interests of

10 cost, efficiency, quality, safety, timeliness, skilled labor

11 force, labor stability, or the State's policy to advance

12 minority-owned and women-owned businesses and minority and

13 female employment. For purposes of this Act, any corrective

14 action performed pursuant to Title XVI of the Environmental

15 Protection Act for which payment from the Underground Storage

16 Tank Fund is requested shall be considered a public works

17 project.

18 (Source: P.A. 97-199, eff. 7-27-11; 98-109, eff. 7-25-13.)

19 (30 ILCS 571/15)

20 Sec. 15. Public works projects funded with federal funds.

21 Except as provided in Section 17 of this Act, when ~~When~~ it has

22 been determined that a project labor agreement is appropriate,

23 and in furtherance of the President's Executive Order 13502,

24 the State department, agency, authority, board, or

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1 instrumentality responsible for awarding the project may

2 include a project labor agreement on a public works project

3 funded in whole or in part with federal funds.

4 (Source: P.A. 97-199, eff. 7-27-11.)

5 (30 ILCS 571/17 new)

6 Sec. 17. School construction projects; grants.

7 (a) Notwithstanding any other provision of this Act, the

8 State Board of Education and the Capital Development Board

9 shall not require a project labor agreement for any school

10 construction project or any school construction project grant

11 or debt service grant provided under the School Construction

12 Law.

13 (b) Notwithstanding any other provision of this Act, the

14 board of education of any school district may, by passage of a

15 resolution, exempt any school construction project undertaken

16 in the district from the requirements of this Act, unless the

17 district has already entered into a project labor agreement

18 concerning that school construction project.

19 (c) For the purposes of this Section, "school construction

20 project" means the acquisition, development, construction,

21 reconstruction, rehabilitation, improvement, architectural

22 planning, and installation of capital facilities consisting of

23 buildings, structures, durable equipment, and land for

24 educational purposes.

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1 Section 15. The Illinois Pension Code is amended by

2 changing Section 16-158 as follows:

3 (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)

4 Sec. 16-158. Contributions by State and other employing

5 units.

6 (a) The State shall make contributions to the System by

7 means of appropriations from the Common School Fund and other

8 State funds of amounts which, together with other employer

9 contributions, employee contributions, investment income, and

10 other income, will be sufficient to meet the cost of

11 maintaining and administering the System on a 100% funded basis

12 in accordance with actuarial recommendations by the end of

13 State fiscal year 2044.

14 Subject to the conditions set forth in subsection (b-4),

15 the employers under this Article shall be responsible for

16 paying a portion of the normal costs of the System beginning in

17 State fiscal year 2016 and all of the normal costs of the

18 System beginning in State fiscal year 2025.

19 The Board shall determine the amount of State contributions

20 required for each fiscal year on the basis of the actuarial

21 tables and other assumptions adopted by the Board and the

22 recommendations of the actuary, using the formula in subsection

23 (b-3).

24 (a-1) Annually, on or before November 15 through November

25 15, 2011, the Board shall certify to the Governor the amount of

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1 the required State contribution for the coming fiscal year. The

2 certification under this subsection (a-1) shall include a copy

3 of the actuarial recommendations upon which it is based.

4 On or before May 1, 2004, the Board shall recalculate and

5 recertify to the Governor the amount of the required State

6 contribution to the System for State fiscal year 2005, taking

7 into account the amounts appropriated to and received by the

8 System under subsection (d) of Section 7.2 of the General

9 Obligation Bond Act.

10 On or before July 1, 2005, the Board shall recalculate and

11 recertify to the Governor the amount of the required State

12 contribution to the System for State fiscal year 2006, taking

13 into account the changes in required State contributions made

14 by this amendatory Act of the 94th General Assembly.

15 On or before April 1, 2011, the Board shall recalculate and

16 recertify to the Governor the amount of the required State

17 contribution to the System for State fiscal year 2011, applying

18 the changes made by Public Act 96-889 to the System's assets

19 and liabilities as of June 30, 2009 as though Public Act 96-889

20 was approved on that date.

21 (a-5) On or before November 1 of each year, beginning

22 November 1, 2012, the Board shall submit to the State Actuary,

23 the Governor, and the General Assembly a proposed certification

24 of the amount of the required State contribution to the System

25 for the next fiscal year, along with all of the actuarial

26 assumptions, calculations, and data upon which that proposed

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1 certification is based. On or before January 1 of each year,

2 beginning January 1, 2013, the State Actuary shall issue a

3 preliminary report concerning the proposed certification and

4 identifying, if necessary, recommended changes in actuarial

5 assumptions that the Board must consider before finalizing its

6 certification of the required State contributions.

7 On or before January 15, 2013 and each January 15

8 thereafter, the Board shall certify to the Governor and the

9 General Assembly the amount of the required State contribution

10 for the next fiscal year. The certification shall include a

11 copy of the actuarial recommendations upon which it is based

12 and shall specifically identify the System's projected State

13 normal cost for that fiscal year. The Board's certification

14 must note any deviations from the State Actuary's recommended

15 changes, the reason or reasons for not following the State

16 Actuary's recommended changes, and the fiscal impact of not

17 following the State Actuary's recommended changes on the

18 required State contribution.

19 (a-10) For purposes of Section (c-5) of Section 20 of the

20 Budget Stabilization Act, on or before November 1 of each year

21 beginning November 1, 2014, the Board shall determine the

22 amount of the State contribution to the System that would have

23 been required for the next fiscal year if this amendatory Act

24 of the 98th General Assembly had not taken effect, using the

25 best and most recent available data but based on the law in

26 effect on May 31, 2014. The Board shall submit to the State

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1 Actuary, the Governor, and the General Assembly a proposed

2 certification, along with the relevant law, actuarial

3 assumptions, calculations, and data upon which that

4 certification is based. On or before January 1, 2015 and every

5 January 1 thereafter, the State Actuary shall issue a

6 preliminary report concerning the proposed certification and

7 identifying, if necessary, recommended changes in actuarial

8 assumptions that the Board must consider before finalizing its

9 certification. On or before January 15, 2015 and every January

10 1 thereafter, the Board shall certify to the Governor and the

11 General Assembly the amount of the State contribution to the

12 System that would have been required for the next fiscal year

13 if this amendatory Act of the 98th General Assembly had not

14 taken effect, using the best and most recent available data but

15 based on the law in effect on May 31, 2014. The Board's

16 certification must note any deviations from the State Actuary's

17 recommended changes, the reason or reasons for not following

18 the State Actuary's recommended changes, and the impact of not

19 following the State Actuary's recommended changes.

20 (b) Through State fiscal year 1995, the State contributions

21 shall be paid to the System in accordance with Section 18-7 of

22 the School Code.

23 (b-1) Beginning in State fiscal year 1996, on the 15th day

24 of each month, or as soon thereafter as may be practicable, the

25 Board shall submit vouchers for payment of State contributions

26 to the System, in a total monthly amount of one-twelfth of the

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1 required annual State contribution certified under subsection

2 (a-1). From the effective date of this amendatory Act of the

3 93rd General Assembly through June 30, 2004, the Board shall

4 not submit vouchers for the remainder of fiscal year 2004 in

5 excess of the fiscal year 2004 certified contribution amount

6 determined under this Section after taking into consideration

7 the transfer to the System under subsection (a) of Section

8 6z-61 of the State Finance Act. These vouchers shall be paid by

9 the State Comptroller and Treasurer by warrants drawn on the

10 funds appropriated to the System for that fiscal year.

11 If in any month the amount remaining unexpended from all

12 other appropriations to the System for the applicable fiscal

13 year (including the appropriations to the System under Section

14 8.12 of the State Finance Act and Section 1 of the State

15 Pension Funds Continuing Appropriation Act) is less than the

16 amount lawfully vouchered under this subsection, the

17 difference shall be paid from the Common School Fund under the

18 continuing appropriation authority provided in Section 1.1 of

19 the State Pension Funds Continuing Appropriation Act.

20 (b-2) Allocations from the Common School Fund apportioned

21 to school districts not coming under this System shall not be

22 diminished or affected by the provisions of this Article.

23 (b-3) For State fiscal years 2015 through 2044, the minimum

24 contribution to the System to be made by the State for each

25 fiscal year shall be an amount determined by the System to be

26 equal to the sum of (1) the State's portion of the projected

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1 normal cost for that fiscal year, plus (2) an amount sufficient

2 to bring the total assets of the System up to 100% of the total

3 actuarial liabilities of the System by the end of State fiscal

4 year 2044. In making these determinations, the required State

5 contribution shall be calculated each year as a level

6 percentage of payroll over the years remaining to and including

7 fiscal year 2044 and shall be determined under the projected

8 unit cost method for fiscal year 2015 and under the entry age

9 normal actuarial cost method for fiscal years 2016 through

10 2044.

11 For State fiscal years 2012 through 2014, the minimum

12 contribution to the System to be made by the State for each

13 fiscal year shall be an amount determined by the System to be

14 sufficient to bring the total assets of the System up to 90% of

15 the total actuarial liabilities of the System by the end of

16 State fiscal year 2045. In making these determinations, the

17 required State contribution shall be calculated each year as a

18 level percentage of payroll over the years remaining to and

19 including fiscal year 2045 and shall be determined under the

20 projected unit credit actuarial cost method.

21 For State fiscal years 1996 through 2005, the State

22 contribution to the System, as a percentage of the applicable

23 employee payroll, shall be increased in equal annual increments

24 so that by State fiscal year 2011, the State is contributing at

25 the rate required under this Section; except that in the

26 following specified State fiscal years, the State contribution

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1 to the System shall not be less than the following indicated

2 percentages of the applicable employee payroll, even if the

3 indicated percentage will produce a State contribution in

4 excess of the amount otherwise required under this subsection

5 and subsection (a), and notwithstanding any contrary

6 certification made under subsection (a-1) before the effective

7 date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%

8 in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY

9 2003; and 13.56% in FY 2004.

10 Notwithstanding any other provision of this Article, the

11 total required State contribution for State fiscal year 2006 is

12 $534,627,700.

13 Notwithstanding any other provision of this Article, the

14 total required State contribution for State fiscal year 2007 is

15 $738,014,500.

16 For each of State fiscal years 2008 through 2009, the State

17 contribution to the System, as a percentage of the applicable

18 employee payroll, shall be increased in equal annual increments

19 from the required State contribution for State fiscal year

20 2007, so that by State fiscal year 2011, the State is

21 contributing at the rate otherwise required under this Section.

22 Notwithstanding any other provision of this Article, the

23 total required State contribution for State fiscal year 2010 is

24 $2,089,268,000 and shall be made from the proceeds of bonds

25 sold in fiscal year 2010 pursuant to Section 7.2 of the General

26 Obligation Bond Act, less (i) the pro rata share of bond sale

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1 expenses determined by the System's share of total bond

2 proceeds, (ii) any amounts received from the Common School Fund

3 in fiscal year 2010, and (iii) any reduction in bond proceeds

4 due to the issuance of discounted bonds, if applicable.

5 Notwithstanding any other provision of this Article, the

6 total required State contribution for State fiscal year 2011 is

7 the amount recertified by the System on or before April 1, 2011

8 pursuant to subsection (a-1) of this Section and shall be made

9 from the proceeds of bonds sold in fiscal year 2011 pursuant to

10 Section 7.2 of the General Obligation Bond Act, less (i) the

11 pro rata share of bond sale expenses determined by the System's

12 share of total bond proceeds, (ii) any amounts received from

13 the Common School Fund in fiscal year 2011, and (iii) any

14 reduction in bond proceeds due to the issuance of discounted

15 bonds, if applicable. This amount shall include, in addition to

16 the amount certified by the System, an amount necessary to meet

17 employer contributions required by the State as an employer

18 under paragraph (e) of this Section, which may also be used by

19 the System for contributions required by paragraph (a) of

20 Section 16-127.

21 Beginning in State fiscal year 2045, the minimum State

22 contribution for each fiscal year shall be the amount needed to

23 maintain the total assets of the System at 100% of the total

24 actuarial liabilities of the System.

25 Amounts received by the System pursuant to Section 25 of

26 the Budget Stabilization Act or Section 8.12 of the State

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1 Finance Act in any fiscal year do not reduce and do not

2 constitute payment of any portion of the minimum State

3 contribution required under this Article in that fiscal year.

4 Such amounts shall not reduce, and shall not be included in the

5 calculation of, the required State contributions under this

6 Article in any future year until the System has reached a

7 funding ratio of at least 100%. A reference in this Article to

8 the "required State contribution" or any substantially similar

9 term does not include or apply to any amounts payable to the

10 System under Section 25 of the Budget Stabilization Act.

11 Notwithstanding any other provision of this Section, the

12 required State contribution for State fiscal year 2005 and for

13 fiscal year 2008 and each fiscal year thereafter through State

14 fiscal year 2014, as calculated under this Section and

15 certified under subsection (a-1), shall not exceed an amount

16 equal to (i) the amount of the required State contribution that

17 would have been calculated under this Section for that fiscal

18 year if the System had not received any payments under

19 subsection (d) of Section 7.2 of the General Obligation Bond

20 Act, minus (ii) the portion of the State's total debt service

21 payments for that fiscal year on the bonds issued in fiscal

22 year 2003 for the purposes of that Section 7.2, as determined

23 and certified by the Comptroller, that is the same as the

24 System's portion of the total moneys distributed under

25 subsection (d) of Section 7.2 of the General Obligation Bond

26 Act. In determining this maximum for State fiscal years 2008

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1 through 2010, however, the amount referred to in item (i) shall

2 be increased, as a percentage of the applicable employee

3 payroll, in equal increments calculated from the sum of the

4 required State contribution for State fiscal year 2007 plus the

5 applicable portion of the State's total debt service payments

6 for fiscal year 2007 on the bonds issued in fiscal year 2003

7 for the purposes of Section 7.2 of the General Obligation Bond

8 Act, so that, by State fiscal year 2011, the State is

9 contributing at the rate otherwise required under this Section.

10 (b-4) Beginning in State fiscal year 2016, the minimum

11 required contribution of employers under this Article shall be

12 the following percentages of payroll, but only if, for the

13 specified State fiscal year, the State provides full funding at

14 the State fiscal year 2010 level for the mandates set forth in

15 the School Breakfast and Lunch Program Act and Article 14 and

16 Sections 18-3, 18-4.3, and 29-5 of the School Code:

17 (i) for State fiscal year 2016, 0.5% of the employer's

18 payroll for that fiscal year;

19 (ii) for State fiscal year 2017, 1.0% of the employer's

20 payroll for that fiscal year;

21 (iii) for State fiscal year 2018, 2.0% of the

22 employer's payroll for that fiscal year;

23 (iv) for State fiscal year 2019, 3.0% of the employer's

24 payroll for that fiscal year;

25 (v) for State fiscal year 2020, 4.0% of the employer's

26 payroll for that fiscal year;

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1 (vi) for State fiscal year 2021, 5.0% of the employer's

2 payroll for that fiscal year;

3 (vii) for State fiscal year 2022, 6.0% of the

4 employer's payroll for that fiscal year;

5 (viii) for State fiscal year 2023, 7.0% of the

6 employer's payroll for that fiscal year;

7 (ix) for State fiscal year 2024, 8.0% of the employer's

8 payroll for that fiscal year; and

9 (x) for State fiscal year 2025 and each State fiscal

10 year thereafter, 9.0% of the employer's payroll for that

11 fiscal year.

12 If the State does not provide, for a State fiscal year,

13 full funding at the State fiscal year 2010 level for the

14 mandates set forth in the School Breakfast and Lunch Program

15 Act and Article 14 and Sections 18-3, 18-4.3, and 29-5 of the

16 School Code, then the employers shall not be required to make a

17 contribution under this subsection (b-4) for that State fiscal

18 year.

19 Notwithstanding any other provision of this subsection

20 (b-4), the minimum required contribution under this Section for

21 a fiscal year shall not exceed the System's normal costs for

22 that year.

23 Whenever it determines that a payment is or may be required

24 under this subsection (b-4), the System shall calculate the

25 amount of the payment and bill the employer for that amount.

26 The bill shall specify the calculations used to determine the

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1 amount due. If the employer disputes the amount of the bill, it

2 may, within 30 days after receipt of the bill, apply to the

3 System in writing for a recalculation. The application must

4 specify in detail the grounds of the dispute. Upon receiving a

5 timely application for recalculation, the System shall review

6 the application and, if appropriate, recalculate the amount

7 due.

8 The employer contributions required under this subsection

9 (b-4) may be paid in the form of a lump sum within 90 days after

10 receipt of the bill. If the employer contributions are not paid

11 within 90 days after receipt of the bill, then interest will be

12 charged at a rate equal to the System's annual actuarially

13 assumed rate of return on investment compounded annually from

14 the 91st day after receipt of the bill. Payments must be

15 concluded within 3 years after the employer's receipt of the

16 bill.

17 The purpose of this subsection (b-4), as well as the

18 school-mandate-related provisions of this amendatory Act of

19 the 99th General Assembly, is to shift certain pension-related

20 costs to employers while lessening the effects of unfunded

21 State mandates in order to ensure the financial stability of

22 affected employers.

23 (c) Payment of the required State contributions and of all

24 pensions, retirement annuities, death benefits, refunds, and

25 other benefits granted under or assumed by this System, and all

26 expenses in connection with the administration and operation

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1 thereof, are obligations of the State.

2 If members are paid from special trust or federal funds

3 which are administered by the employing unit, whether school

4 district or other unit, the employing unit shall pay to the

5 System from such funds the full accruing retirement costs based

6 upon that service, which, beginning July 1, 2014, shall be at a

7 rate, expressed as a percentage of salary, equal to the total

8 minimum contribution to the System to be made by the State for

9 that fiscal year, including both normal cost and unfunded

10 liability components, expressed as a percentage of payroll, as

11 determined by the System under subsection (b-3) of this

12 Section. Employer contributions, based on salary paid to

13 members from federal funds, may be forwarded by the

14 distributing agency of the State of Illinois to the System

15 prior to allocation, in an amount determined in accordance with

16 guidelines established by such agency and the System. Any

17 contribution for fiscal year 2015 collected as a result of the

18 change made by this amendatory Act of the 98th General Assembly

19 shall be considered a State contribution under subsection (b-3)

20 of this Section.

21 (d) Effective July 1, 1986, any employer of a teacher as

22 defined in paragraph (8) of Section 16-106 shall pay the

23 employer's normal cost of benefits based upon the teacher's

24 service, in addition to employee contributions, as determined

25 by the System. Such employer contributions shall be forwarded

26 monthly in accordance with guidelines established by the

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1 System.

2 However, with respect to benefits granted under Section

3 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)

4 of Section 16-106, the employer's contribution shall be 12%

5 (rather than 20%) of the member's highest annual salary rate

6 for each year of creditable service granted, and the employer

7 shall also pay the required employee contribution on behalf of

8 the teacher. For the purposes of Sections 16-133.4 and

9 16-133.5, a teacher as defined in paragraph (8) of Section

10 16-106 who is serving in that capacity while on leave of

11 absence from another employer under this Article shall not be

12 considered an employee of the employer from which the teacher

13 is on leave.

14 (e) Beginning July 1, 1998, every employer of a teacher

15 shall pay to the System an employer contribution computed as

16 follows:

17 (1) Beginning July 1, 1998 through June 30, 1999, the

18 employer contribution shall be equal to 0.3% of each

19 teacher's salary.

20 (2) Beginning July 1, 1999 and thereafter, the employer

21 contribution shall be equal to 0.58% of each teacher's

22 salary.

23 The school district or other employing unit may pay these

24 employer contributions out of any source of funding available

25 for that purpose and shall forward the contributions to the

26 System on the schedule established for the payment of member

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1 contributions.

2 These employer contributions are intended to offset a

3 portion of the cost to the System of the increases in

4 retirement benefits resulting from this amendatory Act of 1998.

5 Each employer of teachers is entitled to a credit against

6 the contributions required under this subsection (e) with

7 respect to salaries paid to teachers for the period January 1,

8 2002 through June 30, 2003, equal to the amount paid by that

9 employer under subsection (a-5) of Section 6.6 of the State

10 Employees Group Insurance Act of 1971 with respect to salaries

11 paid to teachers for that period.

12 The additional 1% employee contribution required under

13 Section 16-152 by this amendatory Act of 1998 is the

14 responsibility of the teacher and not the teacher's employer,

15 unless the employer agrees, through collective bargaining or

16 otherwise, to make the contribution on behalf of the teacher.

17 If an employer is required by a contract in effect on May

18 1, 1998 between the employer and an employee organization to

19 pay, on behalf of all its full-time employees covered by this

20 Article, all mandatory employee contributions required under

21 this Article, then the employer shall be excused from paying

22 the employer contribution required under this subsection (e)

23 for the balance of the term of that contract. The employer and

24 the employee organization shall jointly certify to the System

25 the existence of the contractual requirement, in such form as

26 the System may prescribe. This exclusion shall cease upon the

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1 termination, extension, or renewal of the contract at any time

2 after May 1, 1998.

3 (f) If the amount of a teacher's salary for any school year

4 used to determine final average salary exceeds the member's

5 annual full-time salary rate with the same employer for the

6 previous school year by more than 6%, the teacher's employer

7 shall pay to the System, in addition to all other payments

8 required under this Section and in accordance with guidelines

9 established by the System, the present value of the increase in

10 benefits resulting from the portion of the increase in salary

11 that is in excess of 6%. This present value shall be computed

12 by the System on the basis of the actuarial assumptions and

13 tables used in the most recent actuarial valuation of the

14 System that is available at the time of the computation. If a

15 teacher's salary for the 2005-2006 school year is used to

16 determine final average salary under this subsection (f), then

17 the changes made to this subsection (f) by Public Act 94-1057

18 shall apply in calculating whether the increase in his or her

19 salary is in excess of 6%. For the purposes of this Section,

20 change in employment under Section 10-21.12 of the School Code

21 on or after June 1, 2005 shall constitute a change in employer.

22 The System may require the employer to provide any pertinent

23 information or documentation. The changes made to this

24 subsection (f) by this amendatory Act of the 94th General

25 Assembly apply without regard to whether the teacher was in

26 service on or after its effective date.

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1 Whenever it determines that a payment is or may be required

2 under this subsection, the System shall calculate the amount of

3 the payment and bill the employer for that amount. The bill

4 shall specify the calculations used to determine the amount

5 due. If the employer disputes the amount of the bill, it may,

6 within 30 days after receipt of the bill, apply to the System

7 in writing for a recalculation. The application must specify in

8 detail the grounds of the dispute and, if the employer asserts

9 that the calculation is subject to subsection (g) or (h) of

10 this Section, must include an affidavit setting forth and

11 attesting to all facts within the employer's knowledge that are

12 pertinent to the applicability of that subsection. Upon

13 receiving a timely application for recalculation, the System

14 shall review the application and, if appropriate, recalculate

15 the amount due.

16 The employer contributions required under this subsection

17 (f) may be paid in the form of a lump sum within 90 days after

18 receipt of the bill. If the employer contributions are not paid

19 within 90 days after receipt of the bill, then interest will be

20 charged at a rate equal to the System's annual actuarially

21 assumed rate of return on investment compounded annually from

22 the 91st day after receipt of the bill. Payments must be

23 concluded within 3 years after the employer's receipt of the

24 bill.

25 (g) This subsection (g) applies only to payments made or

26 salary increases given on or after June 1, 2005 but before July

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1 1, 2011. The changes made by Public Act 94-1057 shall not

2 require the System to refund any payments received before July

3 31, 2006 (the effective date of Public Act 94-1057).

4 When assessing payment for any amount due under subsection

5 (f), the System shall exclude salary increases paid to teachers

6 under contracts or collective bargaining agreements entered

7 into, amended, or renewed before June 1, 2005.

8 When assessing payment for any amount due under subsection

9 (f), the System shall exclude salary increases paid to a

10 teacher at a time when the teacher is 10 or more years from

11 retirement eligibility under Section 16-132 or 16-133.2.

12 When assessing payment for any amount due under subsection

13 (f), the System shall exclude salary increases resulting from

14 overload work, including summer school, when the school

15 district has certified to the System, and the System has

16 approved the certification, that (i) the overload work is for

17 the sole purpose of classroom instruction in excess of the

18 standard number of classes for a full-time teacher in a school

19 district during a school year and (ii) the salary increases are

20 equal to or less than the rate of pay for classroom instruction

21 computed on the teacher's current salary and work schedule.

22 When assessing payment for any amount due under subsection

23 (f), the System shall exclude a salary increase resulting from

24 a promotion (i) for which the employee is required to hold a

25 certificate or supervisory endorsement issued by the State

26 Teacher Certification Board that is a different certification

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1 or supervisory endorsement than is required for the teacher's

2 previous position and (ii) to a position that has existed and

3 been filled by a member for no less than one complete academic

4 year and the salary increase from the promotion is an increase

5 that results in an amount no greater than the lesser of the

6 average salary paid for other similar positions in the district

7 requiring the same certification or the amount stipulated in

8 the collective bargaining agreement for a similar position

9 requiring the same certification.

10 When assessing payment for any amount due under subsection

11 (f), the System shall exclude any payment to the teacher from

12 the State of Illinois or the State Board of Education over

13 which the employer does not have discretion, notwithstanding

14 that the payment is included in the computation of final

15 average salary.

16 (h) When assessing payment for any amount due under

17 subsection (f), the System shall exclude any salary increase

18 described in subsection (g) of this Section given on or after

19 July 1, 2011 but before July 1, 2014 under a contract or

20 collective bargaining agreement entered into, amended, or

21 renewed on or after June 1, 2005 but before July 1, 2011.

22 Notwithstanding any other provision of this Section, any

23 payments made or salary increases given after June 30, 2014

24 shall be used in assessing payment for any amount due under

25 subsection (f) of this Section.

26 (i) The System shall prepare a report and file copies of

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1 the report with the Governor and the General Assembly by

2 January 1, 2007 that contains all of the following information:

3 (1) The number of recalculations required by the

4 changes made to this Section by Public Act 94-1057 for each

5 employer.

6 (2) The dollar amount by which each employer's

7 contribution to the System was changed due to

8 recalculations required by Public Act 94-1057.

9 (3) The total amount the System received from each

10 employer as a result of the changes made to this Section by

11 Public Act 94-4.

12 (4) The increase in the required State contribution

13 resulting from the changes made to this Section by Public

14 Act 94-1057.

15 (j) For purposes of determining the required State

16 contribution to the System, the value of the System's assets

17 shall be equal to the actuarial value of the System's assets,

18 which shall be calculated as follows:

19 As of June 30, 2008, the actuarial value of the System's

20 assets shall be equal to the market value of the assets as of

21 that date. In determining the actuarial value of the System's

22 assets for fiscal years after June 30, 2008, any actuarial

23 gains or losses from investment return incurred in a fiscal

24 year shall be recognized in equal annual amounts over the

25 5-year period following that fiscal year.

26 (k) For purposes of determining the required State

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1 contribution to the system for a particular year, the actuarial

2 value of assets shall be assumed to earn a rate of return equal

3 to the system's actuarially assumed rate of return.

4 (Source: P.A. 97-694, eff. 6-18-12; 97-813, eff. 7-13-12;

5 98-599, eff. 6-1-14; 98-674, eff. 6-30-14.)

6 Section 20. The School Code is amended by changing Sections

7 2-3.11, 10-22.34c, 14-2, and 22-60 as follows:

8 (105 ILCS 5/2-3.11) (from Ch. 122, par. 2-3.11)

9 Sec. 2-3.11. Report to Governor and General Assembly. To

10 report to the Governor and General Assembly annually on or

11 before January 14 the condition of the schools of the State

12 using the most recently available data.

13 Such annual report shall contain reports of the State

14 Teacher Certification Board; the schools of the State

15 charitable institutions; reports on~~driver education,~~ special

16 education~~,~~and transportation; and for such year the annual

17 statistical reports of the State Board of Education, including

18 the number and kinds of school districts; number of school

19 attendance centers; number of men and women teachers;

20 enrollment by grades; total enrollment; total days attendance;

21 total days absence; average daily attendance; number of

22 elementary and secondary school graduates; assessed valuation;

23 tax levies and tax rates for various purposes; amount of

24 teachers' orders, anticipation warrants, and bonds

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1 outstanding; and number of men and women teachers and total

2 enrollment of private schools. The report shall give for all

3 school districts receipts from all sources and expenditures for

4 all purposes for each fund; the total operating expense, the

5 per capita cost, and instructional expenditures; federal and

6 state aids and reimbursements; new school buildings, and

7 recognized schools; together with such other information and

8 suggestions as the State Board of Education may deem important

9 in relation to the schools and school laws and the means of

10 promoting education throughout the state.

11 In this Section, "instructional expenditures" means the

12 annual expenditures of school districts properly attributable

13 to expenditure functions defined in rules of the State Board of

14 Education as: 1100 (Regular Education); 1200-1220 (Special

15 Education); 1250 (Ed. Deprived/Remedial); 1400 (Vocational

16 Programs); 1600 (Summer School); 1650 (Gifted); 1800

17 (Bilingual Programs); 1900 (Truant Alternative); 2110

18 (Attendance and Social Work Services); 2120 (Guidance

19 Services); 2130 (Health Services); 2140 (Psychological

20 Services); 2150 (Speech Pathology and Audiology Services);

21 2190 (Other Support Services Pupils); 2210 (Improvement of

22 Instruction); 2220 (Educational Media Services); 2230

23 (Assessment and Testing); 2540 (Operation and Maintenance of

24 Plant Services); 2550 (Pupil Transportation Service); 2560

25 (Food Service); 4110 (Payments for Regular Programs); 4120

26 (Payments for Special Education Programs); 4130 (Payments for

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1 Adult Education Programs); 4140 (Payments for Vocational

2 Education Programs); 4170 (Payments for Community College

3 Programs); 4190 (Other payments to in-state government units);

4 and 4200 (Other payments to out of state government units).

5 (Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)

6 (105 ILCS 5/10-22.34c)

7 Sec. 10-22.34c. Third party non-instructional services.

8 Notwithstanding any other law of this State, nothing in this

9 Code prevents a ~~(a) A~~board of educationfrom entering ~~may~~

10 ~~enter~~into a contract with a third party for non-instructional

11 services currently performed by any employee or bargaining unit

12 member or from laying ~~lay~~ off those educational support

13 personnel employees upon30 ~~90~~days written notice to the

14 affected employees. ~~, provided that:~~

15 ~~(1) a contract must not be entered into and become~~

16 ~~effective during the term of a collective bargaining~~

17 ~~agreement, as that term is set forth in the agreement,~~

18 ~~covering any employees who perform the non-instructional~~

19 ~~services;~~

20 ~~(2) a contract may only take effect upon the expiration~~

21 ~~of an existing collective bargaining agreement;~~

22 ~~(3) any third party that submits a bid to perform the~~

23 ~~non-instructional services shall provide the following:~~

24 ~~(A) evidence of liability insurance in scope and~~

25 ~~amount equivalent to the liability insurance provided~~

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1 ~~by the school board pursuant to Section 10-22.3 of this~~

2 ~~Code;~~

3 ~~(B) a benefits package for the third party's~~

4 ~~employees who will perform the non-instructional~~

5 ~~services comparable to the benefits package provided~~

6 ~~to school board employees who perform those services;~~

7 ~~(C) a list of the number of employees who will~~

8 ~~provide the non-instructional services, the job~~

9 ~~classifications of those employees, and the wages the~~

10 ~~third party will pay those employees;~~

11 ~~(D) a minimum 3-year cost projection, using~~

12 ~~generally accepted accounting principles and which the~~

13 ~~third party is prohibited from increasing if the bid is~~

14 ~~accepted by the school board, for each and every~~

15 ~~expenditure category and account for performing the~~

16 ~~non-instructional services;~~

17 ~~(E) composite information about the criminal and~~

18 ~~disciplinary records, including alcohol or other~~

19 ~~substance abuse, Department of Children and Family~~

20 ~~Services complaints and investigations, traffic~~

21 ~~violations, and license revocations or any other~~

22 ~~licensure problems, of any employees who may perform~~

23 ~~the non-instructional services, provided that the~~

24 ~~individual names and other identifying information of~~

25 ~~employees need not be provided with the submission of~~

26 ~~the bid, but must be made available upon request of the~~

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1 ~~school board; and~~

2 ~~(F) an affidavit, notarized by the president or~~

3 ~~chief executive officer of the third party, that each~~

4 ~~of its employees has completed a criminal background~~

5 ~~check as required by Section 10-21.9 of this Code~~

6 ~~within 3 months prior to submission of the bid,~~

7 ~~provided that the results of such background checks~~

8 ~~need not be provided with the submission of the bid,~~

9 ~~but must be made available upon request of the school~~

10 ~~board;~~

11 ~~(4) a contract must not be entered into unless the~~

12 ~~school board provides a cost comparison, using generally~~

13 ~~accepted accounting principles, of each and every~~

14 ~~expenditure category and account that the school board~~

15 ~~projects it would incur over the term of the contract if it~~

16 ~~continued to perform the non-instructional services using~~

17 ~~its own employees with each and every expenditure category~~

18 ~~and account that is projected a third party would incur if~~

19 ~~a third party performed the non-instructional services;~~

20 ~~(5) review and consideration of all bids by third~~

21 ~~parties to perform the non-instructional services shall~~

22 ~~take place in open session of a regularly scheduled school~~

23 ~~board meeting, unless the exclusive bargaining~~

24 ~~representative of the employees who perform the~~

25 ~~non-instructional services, if any such exclusive~~

26 ~~bargaining representative exists, agrees in writing that~~

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1 ~~such review and consideration can take place in open~~

2 ~~session at a specially scheduled school board meeting;~~

3 ~~(6) a minimum of one public hearing, conducted by the~~

4 ~~school board prior to a regularly scheduled school board~~

5 ~~meeting, to discuss the school board's proposal to contract~~

6 ~~with a third party to perform the non-instructional~~

7 ~~services must be held before the school board may enter~~

8 ~~into such a contract; the school board must provide notice~~

9 ~~to the public of the date, time, and location of the first~~

10 ~~public hearing on or before the initial date that bids to~~

11 ~~provide the non-instructional services are solicited or a~~

12 ~~minimum of 30 days prior to entering into such a contract,~~

13 ~~whichever provides a greater period of notice;~~

14 ~~(7) a contract shall contain provisions requiring the~~

15 ~~contractor to offer available employee positions pursuant~~

16 ~~to the contract to qualified school district employees~~

17 ~~whose employment is terminated because of the contract; and~~

18 ~~(8) a contract shall contain provisions requiring the~~

19 ~~contractor to comply with a policy of nondiscrimination and~~

20 ~~equal employment opportunity for all persons and to take~~

21 ~~affirmative steps to provide equal opportunity for all~~

22 ~~persons.~~

23 (b) (Blank). ~~Notwithstanding subsection (a) of this~~

24 ~~Section, a board of education may enter into a contract, of no~~

25 ~~longer than 3 months in duration, with a third party for~~

26 ~~non-instructional services currently performed by an employee~~

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1 ~~or bargaining unit member for the purpose of augmenting the~~

2 ~~current workforce in an emergency situation that threatens the~~

3 ~~safety or health of the school district's students or staff,~~

4 ~~provided that the school board meets all of its obligations~~

5 ~~under the Illinois Educational Labor Relations Act.~~

6 (c) (Blank). ~~The changes to this Section made by this~~

7 ~~amendatory Act of the 95th General Assembly are not applicable~~

8 ~~to non-instructional services of a school district that on the~~

9 ~~effective date of this amendatory Act of the 95th General~~

10 ~~Assembly are performed for the school district by a third~~

11 ~~party.~~

12 (Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)

13 (105 ILCS 5/14-2)

14 Sec. 14-2. Class size ~~Definition~~ of general education

15 classes ~~classroom~~ for special education students receiving

16 services in the general education classes and special education

17 classrooms for special education students receiving services

18 in the special education classroom.

19 (a) The State Board of Education shall have no authority to

20 adopt or promulgate any administrative rules or regulations

21 that establish or limit the class size or ratio of the student

22 population of a general education class for students receiving

23 services in general education classes beyond what may be

24 required by federal rule or law, unless the State Board of

25 Education fully funds the cost of additional teachers and other

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1 staff that are required by such class size limitation. ~~With~~

2 ~~respect to any State statute or administrative rule that~~

3 ~~defines a general education classroom to be composed of a~~

4 ~~certain percentage of students with individualized education~~

5 ~~programs (IEPs), students with individualized education~~

6 ~~programs shall exclude students receiving only speech services~~

7 ~~outside of the general education classroom, provided that the~~

8 ~~instruction the students receive in the general education~~

9 ~~classroom does not require modification.~~

10 (b) The State Board of Education shall have no authority to

11 adopt or promulgate any administrative rules or regulations

12 that establish or limit the class size of special education

13 classes beyond what may be required by federal rule or law,

14 unless the State Board of Education fully funds the cost of

15 additional teachers and other staff that are required by such

16 class size limitation. "Special Education Classes" means any

17 circumstance where only students with individual education

18 plans are served and at least one special education teacher is

19 assigned and provides instruction or therapy exclusively to

20 students with individual education plans. ~~In every instance, a~~

21 ~~school district must ensure that composition of the general~~

22 ~~education classroom does not interfere with the provision of a~~

23 ~~free and appropriate public education to any student.~~

24 (c) Any rule or regulation in effect establishing or

25 limiting the class size or ratio of student population of

26 general education classes for special education students

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1 receiving services in general education classes or

2 establishing or limiting the class size of special education

3 classes is hereby null and void on the effective date of this

4 amendatory Act of the 99th General Assembly.

5 (Source: P.A. 97-284, eff. 8-9-11.)

6 (105 ILCS 5/22-60)

7 Sec. 22-60. Unfunded mandates prohibited.

8 (a) No ~~public school~~ district ~~or private school~~ is

9 obligated to comply with any statutory or regulatory mandate or

10 requirement ~~the following types of mandates~~ unless a separate

11 appropriation has been enacted into law providing ~~full~~ funding

12 for the ~~mandate for the~~ school year during which the mandate is

13 required. ~~:~~

14 ~~(1) Any mandate in this Code enacted after the~~

15 ~~effective date of this amendatory Act of the 96th General~~

16 ~~Assembly.~~

17 ~~(2) Any regulatory mandate promulgated by the State~~

18 ~~Board of Education and adopted by rule after the effective~~

19 ~~date of this amendatory Act of the 96th General Assembly~~

20 ~~other than those promulgated with respect to this Section~~

21 ~~or statutes already enacted on or before the effective date~~

22 ~~of this amendatory Act of the 96th General Assembly.~~

23 (b) If the amount appropriated to fund a statutory or

24 regulatory mandate or requirement is insufficient to ~~described~~

25 ~~in subsection (a) of this Section does not~~ fully fund the

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1 mandated activity, then the school district ~~or private school~~

2 may choose to discontinue or modify the mandated activity to

3 ensure that the costs of compliance do not exceed the funding

4 received. Official action by a school board must take place

5 before a school district may discontinue or modify a mandated

6 activity due to insufficient funding from the State. If a

7 school district discontinues or modifies a mandated activity

8 due to insufficient funding from the State, then the school

9 district shall maintain a list of discontinued or modified

10 mandated activities. The list shall be provided to the State

11 Board of Education upon request.

12 ~~Before discontinuing or modifying the mandate, the school~~

13 ~~district shall petition its regional superintendent of schools~~

14 ~~on or before February 15 of each year to request to be exempt~~

15 ~~from implementing the mandate in a school or schools in the~~

16 ~~next school year. The petition shall include all legitimate~~

17 ~~costs associated with implementing and operating the mandate,~~

18 ~~the estimated reimbursement from State and federal sources, and~~

19 ~~any unique circumstances the school district can verify that~~

20 ~~exist that would cause the implementation and operation of such~~

21 ~~a mandate to be cost prohibitive.~~

22 ~~The regional superintendent of schools shall review the~~

23 ~~petition. In accordance with the Open Meetings Act, he or she~~

24 ~~shall convene a public hearing to hear testimony from the~~

25 ~~school district and interested community members. The regional~~

26 ~~superintendent shall, on or before March 15 of each year,~~

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1 ~~inform the school district of his or her decision, along with~~

2 ~~the reasons why the exemption was granted or denied, in~~

3 ~~writing. The regional superintendent must also send~~

4 ~~notification to the State Board of Education detailing which~~

5 ~~school districts requested an exemption and the results.~~

6 ~~If the regional superintendent grants an exemption to the~~

7 ~~school district, then the school district is relieved from the~~

8 ~~requirement to establish and implement the mandate in the~~

9 ~~school or schools granted an exemption for the next school~~

10 ~~year. If the regional superintendent of schools does not grant~~

11 ~~an exemption, then the school district shall implement the~~

12 ~~mandate in accordance with the applicable law or rule by the~~

13 ~~first student attendance day of the next school year. However,~~

14 ~~the school district or a resident of the school district may on~~

15 ~~or before April 15 appeal the decision of the regional~~

16 ~~superintendent to the State Superintendent of Education. The~~

17 ~~State Superintendent shall hear appeals on the decisions of~~

18 ~~regional superintendents of schools no later than May 15 of~~

19 ~~each year. The State Superintendent shall make a final decision~~

20 ~~at the conclusion of the hearing on the school district's~~

21 ~~request for an exemption from the mandate. If the State~~

22 ~~Superintendent grants an exemption, then the school district is~~

23 ~~relieved from the requirement to implement a mandate in the~~

24 ~~school or schools granted an exemption for the next school~~

25 ~~year. If the State Superintendent does not grant an exemption,~~

26 ~~then the school district shall implement the mandate in~~

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1 ~~accordance with the applicable law or rule by the first student~~

2 ~~attendance day of the next school year.~~

3 ~~If a school district or private school discontinues or~~

4 ~~modifies a mandated activity due to lack of full funding from~~

5 ~~the State, then the school district or private school shall~~

6 ~~annually maintain and update a list of discontinued or modified~~

7 ~~mandated activities. The list shall be provided to the State~~

8 ~~Board of Education upon request.~~

9 (c) (Blank). ~~This Section does not apply to (i) any new~~

10 ~~statutory or regulatory mandates related to revised learning~~

11 ~~standards developed through the Common Core State Standards~~

12 ~~Initiative and assessments developed to align with those~~

13 ~~standards or actions specified in this State's Phase 2 Race to~~

14 ~~the Top Grant application if the application is approved by the~~

15 ~~United States Department of Education or (ii) new statutory or~~

16 ~~regulatory mandates from the Race to the Top Grant through the~~

17 ~~federal American Recovery and Reinvestment Act of 2009 imposed~~

18 ~~on school districts designated as being in the lowest~~

19 ~~performing 5% of schools within the Race to the Top Grant~~

20 ~~application.~~

21 (d) (Blank). ~~In any instances in which this Section~~

22 ~~conflicts with the State Mandates Act, the State Mandates Act~~

23 ~~shall prevail.~~

24 (Source: P.A. 96-1441, eff. 8-20-10.)

25 (105 ILCS 5/27-24 rep.)

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1 (105 ILCS 5/27-24.1 rep.)

2 (105 ILCS 5/27-24.2 rep.)

3 (105 ILCS 5/27-24.3 rep.)

4 (105 ILCS 5/27-24.4 rep.)

5 (105 ILCS 5/27-24.5 rep.)

6 (105 ILCS 5/27-24.6 rep.)

7 (105 ILCS 5/27-24.7 rep.)

8 (105 ILCS 5/27-24.8 rep.)

9 (105 ILCS 5/27-24.9 rep.)

10 (105 ILCS 5/27-24.10 rep.)

11 Section 25. The School Code is amended by repealing

12 Sections 27-24, 27-24.1, 27-24.2, 27-24.3, 27-24.4, 27-24.5,

13 27-24.6, 27-24.7, 27-24.8, 27-24.9, and 27-24.10.

14 Section 30. The Illinois Educational Labor Relations Act is

15 amended by changing Section 4.5 and 17 as follows:

16 (115 ILCS 5/4.5)

17 Sec. 4.5. Subjects of collective bargaining.

18 (a) Notwithstanding the existence of any other provision in

19 this Act or other law,except subsection (a-5) of this Section,

20 collective bargaining between an educational employer whose

21 territorial boundaries are coterminous with those of a city

22 having a population in excess of 500,000 and an exclusive

23 representative of its employees may include any of the

24 following subjects:

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1 (1) (Blank).

2 (2) Decisions to contract with a third party for one or

3 more services otherwise performed by employees in a

4 bargaining unit and the procedures for obtaining such

5 contract or the identity of the third party.

6 (3) Decisions to layoff or reduce in force employees.

7 (4) Decisions to determine class size, class staffing

8 and assignment, class schedules, academic calendar, length

9 of the work and school day with respect to a public school

10 district organized under Article 34 of the School Code

11 only, length of the work and school year with respect to a

12 public school district organized under Article 34 of the

13 School Code only, hours and places of instruction, or pupil

14 assessment policies.

15 (5) Decisions concerning use and staffing of

16 experimental or pilot programs and decisions concerning

17 use of technology to deliver educational programs and

18 services and staffing to provide the technology.

19 (a-5) On and after the effective date of this amendatory

20 Act of the 99th General Assembly, a school district organized

21 under Article 34 of the School Code and an exclusive

22 representative of that district's employees shall not enter

23 into, amend, or renew a collective bargaining agreement that

24 relates to decisions concerning the use and staffing of

25 experimental or pilot programs or decisions concerning the use

26 of technology to deliver educational programs and services and

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1 staffing to provide the technology.

2 (b) The subject or matters described in subsection (a) are

3 permissive subjects of bargaining between an educational

4 employer and an exclusive representative of its employees and,

5 for the purpose of this Act, are within the sole discretion of

6 the educational employer to decide to bargain, provided that

7 the educational employer is required to bargain over the impact

8 of a decision concerning such subject or matter on the

9 bargaining unit upon request by the exclusive representative.

10 During this bargaining, the educational employer shall not be

11 precluded from implementing its decision. If, after a

12 reasonable period of bargaining, a dispute or impasse exists

13 between the educational employer and the exclusive

14 representative, the dispute or impasse shall be resolved

15 exclusively as set forth in subsection (b) of Section 12 of

16 this Act in lieu of a strike under Section 13 of this Act.

17 Neither the Board nor any mediator or fact-finder appointed

18 pursuant to subsection (a-10) of Section 12 of this Act shall

19 have jurisdiction over such a dispute or impasse.

20 (c) A provision in a collective bargaining agreement that

21 was rendered null and void because it involved a prohibited

22 subject of collective bargaining under this subsection (c) as

23 this subsection (c) existed before the effective date of this

24 amendatory Act of the 93rd General Assembly remains null and

25 void and shall not otherwise be reinstated in any successor

26 agreement unless the educational employer and exclusive

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1 representative otherwise agree to include an agreement reached

2 on a subject or matter described in subsection (a) of this

3 Section as subsection (a) existed before this amendatory Act of

4 the 93rd General Assembly.

5 (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)

6 (115 ILCS 5/17) (from Ch. 48, par. 1717)

7 Sec. 17. Effect on other laws. Except as provided in

8 Section 10.5, in case of any conflict between the provisions of

9 this Act and any other law (other than the changes made by this

10 amendatory Act of the 99th General Assembly), executive order

11 or administrative regulation, the provisions of this Act shall

12 prevail and control. Except as provided in Section 10.5,

13 nothing in this Act shall be construed to replace or diminish

14 the rights of employees established by Section 36d of "An Act

15 to create the State Universities Civil Service System",

16 approved May 11, 1905, as amended or modified.

17 (Source: P.A. 98-599, eff. 6-1-14.)

18 Section 35. The Illinois Vehicle Code is amended by

19 changing Sections 1-103 and 6-103 as follows:

20 (625 ILCS 5/1-103) (from Ch. 95 1/2, par. 1-103)

21 Sec. 1-103. Approved driver education course. (a) Any

22 course of driver education approved by the State Board of

23 Education, offered by public or private schools maintaining

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1 grades 9 through 12, ~~and meeting at least the minimum~~

2 ~~requirements of the "Driver Education Act", as now or hereafter~~

3 ~~amended,~~(b) any course of driver education offered by a school

4 licensed to give driver education instructions under thisCode

5 that ~~Act which meets at least the minimum educational~~

6 ~~requirements of the "Driver Education Act", as now or hereafter~~

7 ~~amended, and~~is approved by the State Board of Education, (c)

8 any course of driver education given in anotherstate ~~State~~to

9 an Illinois resident attending school in such state ~~State~~ and

10 approved by thestate ~~State~~ administrator of the Driver

11 Education Program of such other state~~State~~, or (d) any course

12 of driver education given at a Department of Defense Education

13 Activity school that is approved by the Department of Defense

14 Education Activity and taught by an adult driver education

15 instructor or traffic safety officer.

16 (Source: P.A. 96-740, eff. 1-1-10.)

17 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)

18 Sec. 6-103. What persons shall not be licensed as drivers

19 or granted permits.The Secretary of State shall not issue,

20 renew, or allow the retention of any driver's license nor issue

21 any permit under this Code:

22 1. To any person, as a driver, who is under the age of

23 18 years except as provided in Section 6-107, and except

24 that an instruction permit may be issued under Section

25 6-107.1 to a child who is not less than 15 years of age if

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1 the child is enrolled in an approved driver education

2 course as defined in Section 1-103 of this Code and

3 requires an instruction permit to participate therein,

4 except that an instruction permit may be issued under the

5 provisions of Section 6-107.1 to a child who is 17 years

6 and 3 months of age without the child having enrolled in an

7 approved driver education course and except that an

8 instruction permit may be issued to a child who is at least

9 15 years and 3 months of age, is enrolled in school,~~meets~~

10 ~~the educational requirements of the Driver Education Act,~~

11 and has passed examinations the Secretary of State in his

12 or her discretion may prescribe;

13 1.5. To any person at least 18 years of age but less

14 than 21 years of age unless the person has, in addition to

15 any other requirements of this Code, successfully

16 completed an adult driver education course as provided in

17 Section 6-107.5 of this Code;

18 2. To any person who is under the age of 18 as an

19 operator of a motorcycle other than a motor driven cycle

20 unless the person has, in addition to meeting the

21 provisions of Section 6-107 of this Code, successfully

22 completed a motorcycle training course approved by the

23 Illinois Department of Transportation and successfully

24 completes the required Secretary of State's motorcycle

25 driver's examination;

26 3. To any person, as a driver, whose driver's license

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1 or permit has been suspended, during the suspension, nor to

2 any person whose driver's license or permit has been

3 revoked, except as provided in Sections 6-205, 6-206, and

4 6-208;

5 4. To any person, as a driver, who is a user of alcohol

6 or any other drug to a degree that renders the person

7 incapable of safely driving a motor vehicle;

8 5. To any person, as a driver, who has previously been

9 adjudged to be afflicted with or suffering from any mental

10 or physical disability or disease and who has not at the

11 time of application been restored to competency by the

12 methods provided by law;

13 6. To any person, as a driver, who is required by the

14 Secretary of State to submit an alcohol and drug evaluation

15 or take an examination provided for in this Code unless the

16 person has successfully passed the examination and

17 submitted any required evaluation;

18 7. To any person who is required under the provisions

19 of the laws of this State to deposit security or proof of

20 financial responsibility and who has not deposited the

21 security or proof;

22 8. To any person when the Secretary of State has good

23 cause to believe that the person by reason of physical or

24 mental disability would not be able to safely operate a

25 motor vehicle upon the highways, unless the person shall

26 furnish to the Secretary of State a verified written

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1 statement, acceptable to the Secretary of State, from a

2 competent medical specialist, a licensed physician

3 assistant who has been delegated the performance of medical

4 examinations by his or her supervising physician, or a

5 licensed advanced practice nurse who has a written

6 collaborative agreement with a collaborating physician

7 which authorizes him or her to perform medical

8 examinations, to the effect that the operation of a motor

9 vehicle by the person would not be inimical to the public

10 safety;

11 9. To any person, as a driver, who is 69 years of age

12 or older, unless the person has successfully complied with

13 the provisions of Section 6-109;

14 10. To any person convicted, within 12 months of

15 application for a license, of any of the sexual offenses

16 enumerated in paragraph 2 of subsection (b) of Section

17 6-205;

18 11. To any person who is under the age of 21 years with

19 a classification prohibited in paragraph (b) of Section

20 6-104 and to any person who is under the age of 18 years

21 with a classification prohibited in paragraph (c) of

22 Section 6-104;

23 12. To any person who has been either convicted of or

24 adjudicated under the Juvenile Court Act of 1987 based upon

25 a violation of the Cannabis Control Act, the Illinois

26 Controlled Substances Act, or the Methamphetamine Control

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1 and Community Protection Act while that person was in

2 actual physical control of a motor vehicle. For purposes of

3 this Section, any person placed on probation under Section

4 10 of the Cannabis Control Act, Section 410 of the Illinois

5 Controlled Substances Act, or Section 70 of the

6 Methamphetamine Control and Community Protection Act shall

7 not be considered convicted. Any person found guilty of

8 this offense, while in actual physical control of a motor

9 vehicle, shall have an entry made in the court record by

10 the judge that this offense did occur while the person was

11 in actual physical control of a motor vehicle and order the

12 clerk of the court to report the violation to the Secretary

13 of State as such. The Secretary of State shall not issue a

14 new license or permit for a period of one year;

15 13. To any person who is under the age of 18 years and

16 who has committed the offense of operating a motor vehicle

17 without a valid license or permit in violation of Section

18 6-101 or a similar out of state offense;

19 14. To any person who is 90 days or more delinquent in

20 court ordered child support payments or has been

21 adjudicated in arrears in an amount equal to 90 days'

22 obligation or more and who has been found in contempt of

23 court for failure to pay the support, subject to the

24 requirements and procedures of Article VII of Chapter 7 of

25 the Illinois Vehicle Code;

26 14.5. To any person certified by the Illinois

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1 Department of Healthcare and Family Services as being 90

2 days or more delinquent in payment of support under an

3 order of support entered by a court or administrative body

4 of this or any other State, subject to the requirements and

5 procedures of Article VII of Chapter 7 of this Code

6 regarding those certifications;

7 15. To any person released from a term of imprisonment

8 for violating Section 9-3 of the Criminal Code of 1961 or

9 the Criminal Code of 2012, or a similar provision of a law

10 of another state relating to reckless homicide or for

11 violating subparagraph (F) of paragraph (1) of subsection

12 (d) of Section 11-501 of this Code relating to aggravated

13 driving under the influence of alcohol, other drug or

14 drugs, intoxicating compound or compounds, or any

15 combination thereof, if the violation was the proximate

16 cause of a death, within 24 months of release from a term

17 of imprisonment;

18 16. To any person who, with intent to influence any act

19 related to the issuance of any driver's license or permit,

20 by an employee of the Secretary of State's Office, or the

21 owner or employee of any commercial driver training school

22 licensed by the Secretary of State, or any other individual

23 authorized by the laws of this State to give driving

24 instructions or administer all or part of a driver's

25 license examination, promises or tenders to that person any

26 property or personal advantage which that person is not

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1 authorized by law to accept. Any persons promising or

2 tendering such property or personal advantage shall be

3 disqualified from holding any class of driver's license or

4 permit for 120 consecutive days. The Secretary of State

5 shall establish by rule the procedures for implementing

6 this period of disqualification and the procedures by which

7 persons so disqualified may obtain administrative review

8 of the decision to disqualify;

9 17. To any person for whom the Secretary of State

10 cannot verify the accuracy of any information or

11 documentation submitted in application for a driver's

12 license; or

13 18. To any person who has been adjudicated under the

14 Juvenile Court Act of 1987 based upon an offense that is

15 determined by the court to have been committed in

16 furtherance of the criminal activities of an organized

17 gang, as provided in Section 5-710 of that Act, and that

18 involved the operation or use of a motor vehicle or the use

19 of a driver's license or permit. The person shall be denied

20 a license or permit for the period determined by the court.

21 The Secretary of State shall retain all conviction

22 information, if the information is required to be held

23 confidential under the Juvenile Court Act of 1987.

24 (Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13;

25 98-167, eff. 7-1-14; 98-756, eff. 7-16-14.)

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1 Section 40. The Prevailing Wage Act is amended by changing

2 Section 2 and by adding Section 11c as follows:

3 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)

4 Sec. 2. This Act applies to the wages of laborers,

5 mechanics and other workers employed in any public works, as

6 hereinafter defined, by any public body and to anyone under

7 contracts for public works. This includes any maintenance,

8 repair, assembly, or disassembly work performed on equipment

9 whether owned, leased, or rented.

10 As used in this Act, unless the context indicates

11 otherwise:

12 "Public works" means all fixed works constructed or

13 demolished by any public body, or paid for wholly or in part

14 out of public funds. "Public works" as defined herein includes

15 all projects financed in whole or in part with bonds, grants,

16 loans, or other funds made available by or through the State or

17 any of its political subdivisions, including but not limited

18 to: bonds issued under the Industrial Project Revenue Bond Act

19 (Article 11, Division 74 of the Illinois Municipal Code), the

20 Industrial Building Revenue Bond Act, the Illinois Finance

21 Authority Act, the Illinois Sports Facilities Authority Act, or

22 the Build Illinois Bond Act; loans or other funds made

23 available pursuant to the Build Illinois Act; loans or other

24 funds made available pursuant to the Riverfront Development

25 Fund under Section 10-15 of the River Edge Redevelopment Zone

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1 Act; or funds from the Fund for Illinois' Future under Section

2 6z-47 of the State Finance Act, funds for school construction

3 under Section 5 of the General Obligation Bond Act, funds

4 authorized under Section 3 of the School Construction Bond Act,

5 funds for school infrastructure under Section 6z-45 of the

6 State Finance Act, and funds for transportation purposes under

7 Section 4 of the General Obligation Bond Act. "Public works"

8 also includes (i) all projects financed in whole or in part

9 with funds from the Department of Commerce and Economic

10 Opportunity under the Illinois Renewable Fuels Development

11 Program Act for which there is no project labor agreement; (ii)

12 all work performed pursuant to a public private agreement under

13 the Public Private Agreements for the Illiana Expressway Act or

14 the Public-Private Agreements for the South Suburban Airport

15 Act; and (iii) all projects undertaken under a public-private

16 agreement under the Public-Private Partnerships for

17 Transportation Act. "Public works" also includes all projects

18 at leased facility property used for airport purposes under

19 Section 35 of the Local Government Facility Lease Act. "Public

20 works" also includes the construction of a new wind power

21 facility by a business designated as a High Impact Business

22 under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.

23 "Public works" does not include work done directly by any

24 public utility company, whether or not done under public

25 supervision or direction, or paid for wholly or in part out of

26 public funds. "Public works" also includes any corrective

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1 action performed pursuant to Title XVI of the Environmental

2 Protection Act for which payment from the Underground Storage

3 Tank Fund is requested. "Public works" does not include

4 projects undertaken by the owner at an owner-occupied

5 single-family residence or at an owner-occupied unit of a

6 multi-family residence. "Public works" does not include work

7 performed for soil and water conservation purposes on

8 agricultural lands, whether or not done under public

9 supervision or paid for wholly or in part out of public funds,

10 done directly by an owner or person who has legal control of

11 those lands.

12 "School construction project" means the acquisition,

13 development, construction, reconstruction, rehabilitation,

14 improvement, architectural planning, and installation of

15 capital facilities consisting of buildings, structures,

16 durable equipment, and land for educational purposes.

17 "Construction" means all work on public works involving

18 laborers, workers or mechanics. This includes any maintenance,

19 repair, assembly, or disassembly work performed on equipment

20 whether owned, leased, or rented.

21 "Locality" means the county where the physical work upon

22 public works is performed, except (1) that if there is not

23 available in the county a sufficient number of competent

24 skilled laborers, workers and mechanics to construct the public

25 works efficiently and properly, "locality" includes any other

26 county nearest the one in which the work or construction is to

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1 be performed and from which such persons may be obtained in

2 sufficient numbers to perform the work and (2) that, with

3 respect to contracts for highway work with the Department of

4 Transportation of this State, "locality" may at the discretion

5 of the Secretary of the Department of Transportation be

6 construed to include two or more adjacent counties from which

7 workers may be accessible for work on such construction.

8 "Public body" means the State or any officer, board or

9 commission of the State or any political subdivision or

10 department thereof, or any institution supported in whole or in

11 part by public funds, and includes every county, city, town,

12 village, township, school district, irrigation, utility,

13 reclamation improvement or other district and every other

14 political subdivision, district or municipality of the state

15 whether such political subdivision, municipality or district

16 operates under a special charter or not.

17 The terms "general prevailing rate of hourly wages",

18 "general prevailing rate of wages" or "prevailing rate of

19 wages" when used in this Act mean the hourly cash wages plus

20 annualized fringe benefits for training and apprenticeship

21 programs approved by the U.S. Department of Labor, Bureau of

22 Apprenticeship and Training, health and welfare, insurance,

23 vacations and pensions paid generally, in the locality in which

24 the work is being performed, to employees engaged in work of a

25 similar character on public works.

26 (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;

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1 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.

2 7-16-14.)

3 (820 ILCS 130/11c new)

4 Sec. 11c. School district exemption.

5 By passage of a resolution, the board of education of any

6 school district may exempt all school construction projects

7 undertaken in the district from the requirements of this Act.

8 Section 90. The State Mandates Act is amended by adding

9 Section 8.39 as follows:

10 (30 ILCS 805/8.39 new)

11 Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8

12 of this Act, no reimbursement by the State is required for the

13 implementation of any mandate created by this amendatory Act of

14 the 99th General Assembly.

15 Section 99. Effective date. This Act takes effect upon

16 becoming law.

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1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 315/15 from Ch. 48, par. 1615

4 30 ILCS 571/10

5 30 ILCS 571/15

6 30 ILCS 571/17 new

7 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158

8 105 ILCS 5/2-3.11 from Ch. 122, par. 2-3.11

9 105 ILCS 5/10-22.34c

10 105 ILCS 5/14-2

11 105 ILCS 5/22-60

12 105 ILCS 5/27-24 rep.

13 105 ILCS 5/27-24.1 rep.

14 105 ILCS 5/27-24.2 rep.

15 105 ILCS 5/27-24.3 rep.

16 105 ILCS 5/27-24.4 rep.

17 105 ILCS 5/27-24.5 rep.

18 105 ILCS 5/27-24.6 rep.

19 105 ILCS 5/27-24.7 rep.

20 105 ILCS 5/27-24.8 rep.

21 105 ILCS 5/27-24.9 rep.

22 105 ILCS 5/27-24.10 rep.

23 115 ILCS 5/4.5

24 115 ILCS 5/17 from Ch. 48, par. 1717

25 625 ILCS 5/1-103 from Ch. 95 1/2, par. 1-103

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