Illinois General Assembly - Bill Status for HB 1380

Amends the Illinois Public Labor Relations Act. Provides that, unless mutually agreed otherwise, any party to a collective bargaining agreement who fails to timely comply with an arbitration award or who, after timely demand, fails to submit a grievance dispute concerning the administration or interpretation of an agreement to arbitration shall pay to the prevailing party all reasonable costs of the proceeding in the trial and reviewing courts, including reasonable attorneys' fees. Provides that a charging party or person who, pursuant to an application for judicial review of an order of the Board issued in relation to an unfair labor practice proceeding, obtains a stay of the Board's order pending judicial review shall pay all reasonable costs of the proceedings in the reviewing courts, including reasonable attorneys' fees, as determined by the court, in the event the final unappealable decision of the reviewing courts is adverse to the party obtaining the stay. Makes other changes. Effective immediately.

Removes language providing that a charging party or person who obtains a stay of an Illinois Labor Relations Board's order pending judicial review shall pay all reasonable costs of the proceedings in the reviewing court, including reasonable attorneys' fees, as determined by the court, in the event the final unappealable decision of the reviewing court is adverse to the party obtaining the stay.

Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, and provides that unless mutually agreed otherwise, any party (rather than any public employer) to a collective bargaining agreement who obtains a stay of an award issued by an arbitration panel or single arbitrator, or any mutually agreed procedures, shall pay all reasonable costs of the proceedings in the reviewing courts, including reasonable attorneys' fees, as determined by the court, in the event the final, unappealable decision of the reviewing courts is adverse to that party (rather than the public employer).

Recommends, in provisions concerning grievance procedures, providing that, unless mutually agreed otherwise, a party to a collective bargaining agreement who fails to timely comply with an arbitration award or who, after timely demand, fails to submit a grievance dispute concerning the administration or interpretation of an agreement to arbitration "may be ordered by a reviewing court to pay" (rather than "shall pay") to the prevailing party all reasonable costs of the proceeding in the trial and reviewing courts, including reasonable attorney's fees, as determined by the court, incurred in relation to any action to confirm or amend an award or to compel or stay arbitration of a grievance "in the event the final, unappealable decision of the reviewing courts is adverse to the non-compliant party if the prevailing party can demonstrate that the opposing party proceeded in bad faith by unreasonably and vexatiously multiplying the proceedings in order to delay compliance or enforcement of the arbitration award" (rather than "in the event the final, unappealable decision of the reviewing courts is adverse to the non-compliant party"). Also recommends, in provisions concerning security employee, peace officer, and fire fighter disputes, providing that, unless mutually agreed otherwise, a party to a collective bargaining agreement who obtains a stay of an award issued by an arbitration panel or single arbitrator under the authority of this Section, or any mutually agreed procedures, "may be ordered by a reviewing court to pay" (rather than "shall pay") all reasonable costs of the proceedings in the reviewing courts, including reasonable attorney's fees, as determined by the court, "in the event the final, unappealable decision of the reviewing courts is adverse to that party if the prevailing party can demonstrate that the opposing party proceeded in bad faith by unreasonably and vexatiously multiplying the proceedings in order to delay compliance or enforcement of the arbitration award" (rather than "in the event the final, unappealable decision of the reviewing courts is adverse to that party").

Date	Chamber	Action
11/17/2016	House	Bill Dead - No Positive Action Taken - Amendatory Veto

Date	Chamber	Action
2/4/2015	House	Filed with the Clerk by Rep. Brandon W. Phelps
2/6/2015	House	First Reading
2/6/2015	House	Referred to Rules Committee
2/24/2015	House	Assigned to Labor & Commerce Committee
3/4/2015	House	Added Co-Sponsor Rep. John M. Cabello
3/5/2015	House	Added Co-Sponsor Rep. Silvana Tabares
3/5/2015	House	Added Co-Sponsor Rep. Patrick J. Verschoore
3/18/2015	House	Added Co-Sponsor Rep. Rita Mayfield
3/18/2015	House	Do Pass / Short Debate Labor & Commerce Committee; 016-007-000
3/18/2015	House	Added Co-Sponsor Rep. Monique D. Davis
3/19/2015	House	Placed on Calendar 2nd Reading - Short Debate
3/23/2015	House	Added Co-Sponsor Rep. Sue Scherer
3/24/2015	House	Fiscal Note Requested by Rep. Ed Sullivan
3/24/2015	House	State Mandates Fiscal Note Requested by Rep. Ed Sullivan
3/26/2015	House	Fiscal Note Filed
4/14/2015	House	State Mandates Fiscal Note Filed
4/14/2015	House	Second Reading - Short Debate
4/14/2015	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/22/2015	House	Added Co-Sponsor Rep. Kathleen Willis
4/23/2015	House	Added Co-Sponsor Rep. Marcus C. Evans, Jr.
4/23/2015	House	Added Co-Sponsor Rep. Thaddeus Jones
4/23/2015	House	Added Co-Sponsor Rep. Mike Smiddy
5/31/2015	House	Rule 19(a) / Re-referred to Rules Committee
2/23/2016	House	Approved for Consideration Rules Committee; 003-000-000
3/1/2016	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/1/2016	House	House Floor Amendment No. 1 Filed with Clerk by Rep. Brandon W. Phelps
3/1/2016	House	House Floor Amendment No. 1 Referred to Rules Committee
4/5/2016	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Brandon W. Phelps
4/5/2016	House	House Floor Amendment No. 2 Referred to Rules Committee
4/6/2016	House	House Floor Amendment No. 2 Rules Refers to Labor & Commerce Committee
4/7/2016	House	House Floor Amendment No. 2 Recommends Be Adopted Labor & Commerce Committee; 016-010-000
4/12/2016	House	House Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
4/12/2016	House	House Floor Amendment No. 2 Judicial Note Filed as Amended
4/12/2016	House	House Floor Amendment No. 2 State Debt Impact Note Filed as Amended
4/13/2016	House	House Floor Amendment No. 2 Pension Note Filed as Amended
4/13/2016	House	House Floor Amendment No. 2 Fiscal Note Filed as Amended
4/14/2016	House	House Floor Amendment No. 2 Correctional Note Filed as Amended
4/15/2016	House	House Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
4/15/2016	House	House Floor Amendment No. 2 Balanced Budget Note Filed as Amended
4/21/2016	House	Added Co-Sponsor Rep. Jaime M. Andrade, Jr.
4/22/2016	House	Recalled to Second Reading - Short Debate
4/22/2016	House	House Floor Amendment No. 2 Adopted
4/22/2016	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/22/2016	House	Third Reading - Short Debate - Passed 074-030-000
4/25/2016	Senate	Arrive in Senate
4/25/2016	Senate	Placed on Calendar Order of First Reading
4/25/2016	Senate	Chief Senate Sponsor Sen. Gary Forby
4/25/2016	Senate	First Reading
4/25/2016	Senate	Referred to Assignments
4/29/2016	Senate	Added as Alternate Chief Co-Sponsor Sen. Neil Anderson
5/3/2016	Senate	Assigned to Labor
5/3/2016	Senate	Alternate Chief Sponsor Changed to Sen. Andy Manar
5/13/2016	Senate	Rule 2-10 Committee Deadline Established As May 27, 2016
5/17/2016	Senate	Added as Alternate Co-Sponsor Sen. David Koehler
5/17/2016	Senate	Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
5/18/2016	Senate	Do Pass Labor; 010-004-001
5/18/2016	Senate	Placed on Calendar Order of 2nd Reading May 19, 2016
5/24/2016	Senate	Senate Floor Amendment No. 1 Filed with Secretary by Sen. Andy Manar
5/24/2016	Senate	Senate Floor Amendment No. 1 Referred to Assignments
5/24/2016	Senate	Senate Floor Amendment No. 1 Assignments Refers to Labor
5/25/2016	Senate	Second Reading
5/25/2016	Senate	Placed on Calendar Order of 3rd Reading May 26, 2016
5/26/2016	Senate	Senate Floor Amendment No. 1 Recommend Do Adopt Labor; 009-001-003
5/27/2016	Senate	Recalled to Second Reading
5/27/2016	Senate	Senate Floor Amendment No. 1 Adopted; Manar
5/27/2016	Senate	Placed on Calendar Order of 3rd Reading
5/27/2016	Senate	Added as Alternate Chief Co-Sponsor Sen. Wm. Sam McCann
5/27/2016	Senate	Third Reading - Passed; 038-008-001
5/29/2016	House	Arrived in House
5/29/2016	House	Placed on Calendar Order of Concurrence Senate Amendment(s) 1
5/30/2016	House	Senate Floor Amendment No. 1 Motion Filed Concur Rep. Brandon W. Phelps
5/30/2016	House	Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
5/30/2016	House	Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
5/31/2016	House	Senate Floor Amendment No. 1 House Concurs 082-033-000
5/31/2016	House	House Concurs
5/31/2016	House	Passed Both Houses
6/27/2016	House	Sent to the Governor
8/19/2016	House	Governor Amendatory Veto
11/2/2016	House	Placed on Calendar Amendatory Veto
11/17/2016	House	Bill Dead - No Positive Action Taken - Amendatory Veto

	Fiscal Note (Labor Relations Board)
	This bill will not require the expenditure of State funds or increase or decrease State revenues.

	State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
	This bill does not create a State mandate.

	Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation)
	No land conveyances are included in this legislation, therefore, there are no appraisals to be filed.

	Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
	This bill would neither increase nor decrease the number of judges needed in the State.

	State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
	HB 1380 would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Fiscal Note, House Floor Amendment No. 2 (Illinois Labor Relations Board)
	This bill will not require the expenditure of State funds or increase or decrease State revenues for the Illinois Labor Relations Board.

	Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
	This bill has no fiscal or population impact on the Department of Corrections.

	Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority)
	This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

	Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget)
	The potential fiscal impact to the state is unknown at this time. Cost estimates to the State may become available upon the state being found to be non-compliant with any arbitration decision.

	Deletes reference to:
	5 ILCS 315/11