Illinois General Assembly - Full Text of HB4148
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Full Text of HB4148  103rd General Assembly



HB4148 EngrossedLRB103 34551 JDS 64386 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Legislative Employee Labor Relations Act.
6    Section 5. Policy. It is the public policy of the State of
7Illinois to grant legislative employees full freedom of
8association, self-organization, and designation of
9representatives of their own choosing for the purpose of
10negotiating wages, hours, and other conditions of employment.
11    It is the purpose of this Act to regulate labor relations
12between the General Assembly and legislative employees,
13including the designation of employee representatives, the
14negotiation of wages, hours, and other conditions of
15employment, and the resolution of disputes arising under
16collective bargaining agreements.
17    It is the purpose of this Act to prescribe the legitimate
18rights of both legislative employees and the General Assembly,
19to protect the public health and safety of the citizens of
20Illinois, and to provide peaceful and orderly procedures for
21protection of the rights of all.
22    Section 10. Definitions. As used in this Act:



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1    (a) "Board" means the Illinois Labor Relations Board, as
2defined in the Illinois Public Labor Relations Act, or, with
3respect to a matter over which the jurisdiction of the Board is
4assigned to the State Panel under Section 20, the State Panel.
5    (b) "Collective bargaining" means bargaining over terms
6and conditions of employment, including hours, wages, and
7other conditions of employment, as detailed in Section 35 and
8which are not excluded by Section 15.
9    (c) "Confidential employee" means an employee who, in the
10regular course of the employee's duties:
11        (1) assists and acts in a confidential capacity to
12    persons who formulate, determine, and effectuate
13    management policies with regard to labor relations; or
14        (2) has authorized access to information relating to
15    the effectuation or review of the collective bargaining
16    policies of the General Assembly.
17    Determinations of confidential employee status shall be
18based on actual employee job duties and not solely on written
19job descriptions.
20    (d) "District office employee" means any employee employed
21by a representative or senator and paid out of the office
22allowance that is provided to the representative or senator
23under Section 4 of the General Assembly Compensation Act.
24    (e) "Excluded employee" means an employee involved in
25negotiating legislation, formulating policies concerning
26legislation, making decisions regarding legislative matters,



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1negotiating rulemaking, formulating policies concerning
2rulemaking, or making decisions regarding rulemaking.
3    (f) "Exclusive representative" means the labor
4organization that has been (i) designated by the Board as the
5representative of a majority of legislative employees in an
6appropriate bargaining unit in accordance with the procedures
7contained in this Act or (ii) recognized by the Office of State
8Legislative Labor Relations upon evidence, acceptable to the
9Board, that the labor organization has been designated as the
10exclusive representative by a majority of the legislative
11employees in an appropriate bargaining unit.
12    (g) (Reserved).
13    (h) "General Assembly" or "General Assembly of the State
14of Illinois" means the legislative branch of the government of
15the State of Illinois, as provided for under Article IV of the
16Constitution of the State of Illinois, and includes, but is
17not limited to, the House of Representatives, the Senate, the
18Speaker of the House of Representatives, the Minority Leader
19of the House of Representatives, the President of the Senate,
20the Minority Leader of the Senate, the Joint Committee on
21Legislative Support Services, and any legislative support
22services agency.
23    (i) "Joint Committee" or "Joint Committee on Legislative
24Support Services" means the Joint Committee on Legislative
25Support Services created under Section 1-2 of the Legislative
26Commission Reorganization Act of 1984.



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1    (j) "Labor organization" means any organization in which
2legislative employees participate and that exists for the
3purpose, in whole or in part, of dealing with the Office of
4State Legislative Labor Relations on behalf of the General
5Assembly concerning wages, hours, and other terms and
6conditions of employment, including the settlement of
8    (k) "Legislative employee" means any employee of the
9General Assembly of the State of Illinois. Except to the
10extent otherwise excluded under this subsection (k),
11"legislative employee" includes research and appropriations
12employees, legislative affairs employees, legal employees,
13communications employees, clerk's office employees, district
14office employees, and employees employed by a legislative
15support services agency. "Legislative employee" does not
16include a member of the General Assembly of the State of
17Illinois; the chief of staff, deputy chief of staff, or chief
18legal counsel for the President of the Senate, the Minority
19Leader of the Senate, the Speaker of the House of
20Representatives, or the Minority Leader of the House of
21Representatives; the Secretary of the Senate; the Assistant
22Secretary of the Senate; the Clerk of the House of
23Representatives; the Assistant Clerk of the House of
24Representatives; the Legislative Inspector General; an
25employee of the Office of the Legislative Inspector General;
26the Director or any employee of the Office of State



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1Legislative Labor Relations; the commissioners or employees of
2the Legislative Ethics Commission; the executive director,
3deputy director, supervising attorney, principal attorney, or
4chief fiscal officer of a legislative support services agency;
5a district office chief of staff, a district office deputy
6chief of staff, or an individual in a district office
7employment position that is functionally equivalent to a
8district office chief of staff or a district office deputy
9chief of staff, as designated by the representative or
10senator; a confidential employee; a contractual employee; a
11managerial employee; a short-term employee; a supervisor; a
12temporary employee; or an excluded employee.
13    (l) "Legislative support services agency" means the
14Commission on Government Forecasting and Accountability, the
15Joint Committee on Administrative Rules, the Legislative Audit
16Commission, the Legislative Information System, the
17Legislative Printing Unit, and the Legislative Reference
19    (m) "Managerial employee" means an individual who is
20engaged predominantly in executive and management functions
21and is charged with the responsibility of directing the
22effectuation of management policies and practices.
23Determination of managerial employee status shall be based on
24actual employee job duties and not solely on written job
25descriptions. Nothing in this definition prohibits an
26individual from also meeting the definition of "supervisor"



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1under subsection (q) of this Section.
2    (n) "Office of State Legislative Labor Relations" means
3the Office of State Legislative Labor Relations that is
4created under Section 25 of this Act and that is responsible
5for representing and otherwise managing the interests of the
6General Assembly in collective bargaining with legislative
8    (o) "Person" includes one or more individuals, labor
9organizations, legislative employees, associations,
10corporations, legal representatives, trustees, trustees in
11bankruptcy, receivers, or the State of Illinois or any
12political subdivision of the State, including the General
13Assembly of the State of Illinois or any individual employed
14by the General Assembly of the State of Illinois.
15    (p) "Professional employee" means any employee engaged in
16work predominantly intellectual and varied in character rather
17than routine mental, manual, mechanical or physical work;
18involving the consistent exercise of discretion and adjustment
19in its performance; of such a character that the output
20produced or the result accomplished cannot be standardized in
21relation to a given period of time; and requiring advanced
22knowledge in a field of science or learning customarily
23acquired by a prolonged course of specialized intellectual
24instruction and study in an institution of higher learning, as
25distinguished from a general academic education or from
26apprenticeship or from training in the performance of routine



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1mental, manual, or physical processes; or any employee who has
2completed the courses of specialized intellectual instruction
3and study prescribed in this subsection (p) and is performing
4related work under the supervision of a professional person to
5qualify to become a professional employee as defined in this
6subsection (p).
7    (q) "Short-term employee" means an employee who is
8employed for less than 2 consecutive calendar quarters during
9a calendar year and who does not have a reasonable assurance of
10being rehired by the same employing entity of the General
11Assembly for the same service in a subsequent calendar year.
12    (r) "Supervisor" means an employee whose principal work is
13substantially different from that of the employee's
14subordinates and who has authority, in the interest of the
15General Assembly, to hire, transfer, suspend, lay off, recall,
16promote, discharge, direct, reward, or discipline employees,
17to adjust their grievances, or to effectively recommend any of
18those actions, if the exercise of that authority is not of a
19merely routine or clerical nature, but requires the consistent
20use of independent judgment. The term "supervisor" includes
21only those individuals who devote a preponderance of their
22employment time to exercising that authority. Determinations
23of supervisor status shall be based on actual employee job
24duties and not solely on written job descriptions. Nothing in
25this definition prohibits an individual from also meeting the
26definition of "managerial employee" under subsection (m) of



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1this Section.
2    (s) "Unit" means a class of jobs or positions that are held
3by legislative employees whose collective interests may
4suitably be represented by a labor organization for collective
5bargaining. A bargaining unit determined by the Board shall
6not include (i) supervisors only or (ii) both employees and
7supervisors. Legislative employees who are partisan employees
8or legislative secretaries (other than district office
9employees) and whose ultimate jurisdictional authority under
10the State Officials and Employees Ethics Act is the President
11of the Senate, the Minority Leader of the Senate, the Speaker
12of the House of Representatives, or the Minority Leader of the
13House of Representatives shall comprise one unit, regardless
14of their political affiliation. Legislative employees who are
15nonpartisan employees and whose ultimate jurisdictional
16authority under the State Officials and Employees Ethics Act
17is the Senate Operations Commission or the Speaker of the
18House of Representatives shall comprise one unit. Legislative
19employees who are district office employees shall comprise one
20unit, regardless of their political affiliation.
21    Section 15. Management rights. The General Assembly shall
22not be required to bargain over matters of inherent managerial
23policy, which shall include such areas of discretion or policy
24as the following matters: the functions of the General
25Assembly, standards of services, the General Assembly's



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1overall budget, the organizational structure and selection of
2new employees, examination techniques, and direction of
4    The General Assembly shall not be required to bargain over
5any one or more of the following topics: (i) matters relating
6to qualifications and elections of senators or
7representatives; (ii) matters relating to the House of
8Representatives or Senate choosing members of leadership,
9committee chairs, or officers; (iii) matters related to the
10House of Representatives or Senate adopting rules; (iv)
11matters relating to establishing committees; (v) matters
12related to considering and enacting legislation; (vi) matters
13related to exercising the legislative power of the State;
14(vii) matters relating to legislative calendars, schedules,
15and deadlines for the House of Representatives or Senate; or
16(viii) laws, rules, policies, or procedures regarding ethics
17or conflicts of interest.
18    The General Assembly, however, shall be required to
19bargain collectively with regard to policy matters directly
20affecting wages, hours, and terms and conditions of
21employment, as well as the impact thereon upon request by
22legislative employee representatives.
23    Notwithstanding any other provision of this Act, each
24employing entity of the General Assembly has the sole and
25exclusive authority to designate one-third of its collective
26employee positions as confidential employees, managerial



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1employees, supervisors, or excluded employees. The one-third
2of employee positions shall be calculated based on the total
3number of employee positions and not the number of employees
4at a given time. Nothing in this Section shall preclude the
5Board from exercising its discretion to designate additional
6employees as confidential employees, managerial employees,
7supervisors, or excluded employees.
8    For purposes of collective bargaining under this Act, a
9legislative employee employed by the Speaker of the House of
10Representatives, the Minority Leader of the House of
11Representatives, the President of the Senate, the Minority
12Leader of the Senate, or a legislative employee that is a
13district office employee under Section 10 is employed by the
14individual occupying such elected position. Upon any change in
15a person occupying such an elected position, the newly elected
16person has the sole and exclusive authority to act with
17respect to employment decisions, such as hiring, promotion,
18renewal of employment, or discharge. No collective bargaining
19agreement may include a provision that prohibits a newly
20elected person from exercising that person's rights under this
21subsection with respect to the elected person's sole and
22exclusive authority to make employment decisions for the
24    Section 20. Illinois Labor Relations Board.
25    (a) The State Panel of the Illinois Labor Relations Board



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1established under Section 5 of the Illinois Public Labor
2Relations Act has jurisdiction over collective bargaining
3matters between employee organizations and the General
4Assembly of the State of Illinois under this Act.
5    (b) To accomplish the objectives and carry out the duties
6prescribed by this Act, the State Panel may hold elections to
7determine whether a labor organization has majority status;
8investigate and attempt to resolve or settle charges of unfair
9labor practices; hold hearings in order to carry out its
10functions; develop and effectuate appropriate impasse
11resolution procedures for purposes of resolving labor
12disputes; and administer oaths and affirmations. The State
13Panel shall sign and report in full an opinion in every case
14that it decides.
15    Section 25. Office of State Legislative Labor Relations.
16    (a) The Office of State Legislative Labor Relations is
17hereby created and shall be responsible for representing and
18otherwise managing the interests of the General Assembly in
19collective bargaining between the General Assembly and
20legislative employees.
21    (b) The Joint Committee on Legislative Support Services
22shall appoint the Director of the Office of State Legislative
23Labor Relations within 60 days after the effective date of
24this Section and within 60 days after any subsequent vacancy
25in that office.



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1    (c) The Director of the Office of State Legislative Labor
2Relations shall be appointed for a 4-year term and until a
3successor is appointed and qualified. The Director and other
4employees of the Office of State Legislative Labor Relations
5shall not be subject to the Personnel Code.
6    (d) The Director of the Office of State Legislative Labor
7Relations shall:
8        (1) conduct negotiations on behalf of the General
9    Assembly with legislative employees and their exclusive
10    representative or delegate that negotiating authority to a
11    designee of the Director's choosing;
12        (2) be authorized to employ, fix the compensation, and
13    prescribe the duties of negotiators, attorneys, and any
14    other necessary professional, technical, and secretarial
15    employees of the Office of State Legislative Labor
16    Relations;
17        (3) sign contracts;
18        (4) issue vouchers for the payment of obligations
19    pursuant to rules adopted by the Joint Committee on
20    Legislative Support Services; and
21        (5) receive a salary as fixed by the Joint Committee.
22    Section 30. Right to organize and bargain collectively;
23exclusive representation; fair-share arrangements.
24    (a) Legislative employees have, and are protected in the
25exercise of, the right of self-organization, and they may



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1form, join, or assist any labor organization, to bargain
2collectively through representatives of their own choosing on
3questions of wages, hours, and other conditions of employment,
4not excluded by Section 15, and to engage in other concerted
5activities not otherwise prohibited by law for the purposes of
6collective bargaining or other mutual aid or protection, free
7from interference, restraint, or coercion. Legislative
8employees also have, and are protected in the exercise of, the
9right to refrain from participating in any such concerted
11    (b) Nothing in this Act prevents a legislative employee
12from presenting a grievance to the Office of State Legislative
13Labor Relations and having the grievance heard and settled
14without the intervention of an employee organization; provided
15that the exclusive bargaining representative is afforded the
16opportunity to be present at such conference and that any
17settlement made shall not be inconsistent with the terms of
18any agreement in effect between the General Assembly and the
19exclusive bargaining representative.
20    (c) A labor organization designated by the Board as the
21representative of the majority of legislative employees in an
22appropriate unit in accordance with the procedures provided in
23this Act or recognized by the Office of State Legislative
24Labor Relations as the representative of the majority of
25legislative employees in an appropriate unit is the exclusive
26representative for the employees of such unit for the purpose



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1of collective bargaining with respect to rates of pay, wages,
2hours, and other conditions of employment not excluded by
3Section 15. Unless otherwise mutually agreed, the Office of
4State Legislative Labor Relations is required at least once
5each month and upon request, to furnish the exclusive
6bargaining representative with a complete list of the names
7and addresses of the legislative employees in the bargaining
8unit, provided that the Office of State Legislative Labor
9Relations shall not be required to furnish such a list more
10than once per payroll period. The exclusive bargaining
11representative shall use the list exclusively for bargaining
12representation purposes and shall not disclose any information
13contained in the list for any other purpose. Nothing in this
14Section, however, prohibits a bargaining representative from
15disseminating a list of its union members.
16    At the time the Office of State Legislative Labor
17Relations provides such list, it shall also provide to the
18exclusive representative, in a spreadsheet file or other
19mutually agreed upon editable digital file format, the
20employee's job title, work site, work telephone numbers,
21identification number, if available, and any home and personal
22cellular telephone numbers on file with the Office of State
23Legislative Labor Relations, date of hire, work email address,
24and any personal email address on file with the Office of State
25Legislative Labor Relations. In addition, unless otherwise
26mutually agreed, within 10 calendar days from the date of hire



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1of a bargaining unit employee, the Office of State Legislative
2Labor Relations shall provide to the exclusive representative,
3in an electronic file or other mutually agreed upon format,
4the following information about the new employee: the
5employee's name, job title, work site, home address, work
6telephone numbers, and any home and personal cellular
7telephone numbers on file with the Office of State Legislative
8Labor Relations, date of hire, work email address, and any
9personal email address on file with the Office of State
10Legislative Labor Relations.
11    (d) The Office of State Legislative Labor Relations shall
12not disclose the following information about any legislative
13employee, except as provided in subsection (c): (1) the
14legislative employee's home address (including ZIP code and
15county); (2) the legislative employee's date of birth; (3) the
16legislative employee's home and personal phone number; (4) the
17legislative employee's personal email address; (5) any
18information personally identifying employee membership or
19membership status in a labor organization or other voluntary
20association affiliated with a labor organization or a labor
21federation (including whether employees are members of such
22organization, the identity of such organization, whether or
23not employees pay or authorize the payment of any dues or
24moneys to such organization, and the amounts of such dues or
25moneys); and (6) emails or other communications between a
26labor organization and its members.



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1    As soon as practicable after receiving a request for any
2information prohibited from disclosure under this subsection
3(d), excluding a request from the exclusive bargaining
4representative of the employee, the Office of State
5Legislative Labor Relations must provide a written copy of the
6request, or a written summary of any oral request, to the
7exclusive bargaining representative of the legislative
8employee or, if no such representative exists, to the
9legislative employee. The Office of State Legislative Labor
10Relations must also provide a copy of any response it has made
11within 5 business days of sending the response to any request.
12    If the Office of State Legislative Labor Relations
13discloses information in violation of this subsection (d), an
14aggrieved legislative employee or the legislative employee's
15exclusive bargaining representative may file an unfair labor
16practice charge with the Illinois Labor Relations Board
17pursuant to Section 50 or commence an action in the circuit
18court to enforce the provisions of this Act, including actions
19to compel compliance, if the Office of State Legislative Labor
20Relations willfully and wantonly discloses information in
21violation of this subsection. The circuit court for the county
22in which the complainant resides, in which the complainant is
23employed, or in which the Office of State Legislative Labor
24Relations is located shall have jurisdiction in this matter.
25    This subsection does not apply to disclosures (i) required
26under the Freedom of Information Act, (ii) for purposes of



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1conducting public operations or business, or (iii) to the
2exclusive representative.
3    (e) On behalf of the General Assembly, the Office of State
4Legislative Labor Relations shall provide to exclusive
5representatives, including their agents and employees,
6reasonable access to legislative employees in the bargaining
7units they represent. This access shall at all times be
8conducted in a manner so as not to impede normal operations.
9        (1) Access includes the following:
10            (A) the right to meet with one or more employees on
11        the premises of the General Assembly, including, but
12        not limited to, the legislative complex or a district
13        office, during the workday to investigate and discuss
14        grievances and workplace-related complaints without
15        charge to pay or leave time of employees or agents of
16        the exclusive representative;
17            (B) the right to conduct work site meetings during
18        lunch and other non-work breaks, and before and after
19        the workday, on the premises of the General Assembly,
20        including, but not limited to, the legislative complex
21        or a district office, to discuss collective bargaining
22        negotiations, the administration of collective
23        bargaining agreements, other matters related to the
24        duties of the exclusive representative, and internal
25        matters involving the governance or business of the
26        exclusive representative, without charge to pay or



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1        leave time of employees or agents of the exclusive
2        representative;
3            (C) the right to meet with newly hired legislative
4        employees, without charge to pay or leave time of the
5        employees or agents of the exclusive representative,
6        on the premises of the General Assembly, including,
7        but not limited to, the legislative complex or a
8        district office, or at a location mutually agreed to
9        by the Office of State Legislative Labor Relations and
10        exclusive representative for up to one hour either
11        within the first 2 weeks of employment in the
12        bargaining unit or at a later date and time if mutually
13        agreed upon by the Office of State Legislative Labor
14        Relations and the exclusive representative; and
15            (D) the right to use the facility mailboxes and
16        bulletin boards on the premises of the General
17        Assembly, including, but not limited to, the
18        legislative complex or district office, to communicate
19        with bargaining unit employees regarding collective
20        bargaining negotiations, the administration of
21        collective bargaining agreements, the investigation of
22        grievances, other workplace-related complaints and
23        issues, and internal matters involving the governance
24        or business of the exclusive representative.
25        (2) Nothing in this Section prohibits the Office of
26    State Legislative Labor Relations and exclusive



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1    representative from agreeing in a collective bargaining
2    agreement to provide the exclusive representative greater
3    access to bargaining unit employees, including through the
4    use of the General Assembly's email system.
5    (f) A labor organization recognized by the Office of State
6Legislative Labor Relations as the exclusive representative or
7so designated in accordance with the provisions of this Act is
8responsible for representing the interests of all legislative
9employees in the unit. Nothing in this Act shall be construed
10to limit an exclusive representative's right to exercise its
11discretion to refuse to process grievances of legislative
12employees that are unmeritorious.
13    (g) The General Assembly shall make payroll deductions of
14labor organization dues, initiation fees, assessments, and
15other payments for a labor organization that is the exclusive
16representative. Such deductions shall be made in accordance
17with the terms of a legislative employee's written
18authorization, and shall be paid to the exclusive
19representative. Written authorization may be evidenced by
20electronic communications, and such writing or communication
21may be evidenced by the electronic signature of the
22legislative employee as provided under Section 5-120 of the
23Uniform Electronic Transactions Act.
24    There is no impediment to a legislative employee's right
25to resign union membership at any time. However,
26notwithstanding any other provision of law to the contrary



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1regarding authorization and deduction of dues or other
2payments to a labor organization, the exclusive representative
3and a legislative employee may agree to reasonable limits on
4the right of the employee to revoke such authorization,
5including a period of irrevocability that exceeds one year. An
6authorization that is irrevocable for one year, which may be
7automatically renewed for successive annual periods in
8accordance with the terms of the authorization, and that
9contains at least an annual 10-day period of time during which
10the legislative employee may revoke the authorization, shall
11be deemed reasonable.
12    This Section applies to all claims that allege that a
13labor organization or the General Assembly has improperly
14deducted or collected dues from a legislative employee without
15regard to whether the claims or the facts upon which they are
16based occurred before, on, or after the effective date of this
18    (h) If a collective bargaining agreement is terminated or
19continues in effect beyond its scheduled expiration date
20pending the negotiation of a successor agreement, the General
21Assembly shall continue to honor and abide by any dues
22deduction clause contained therein until a new agreement is
23reached including dues deduction clause. For the benefit of
24any successor exclusive representative certified under this
25Act, this provision applies if the successor exclusive
26representative presents the General Assembly with employee



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1written authorization for the deduction of dues, assessments,
2and fees under this subsection.
3    Failure to so honor and abide by dues deduction clauses
4for the benefit of any exclusive representative, including a
5successor, is a violation of the duty to bargain and an unfair
6labor practice.
7    (i) Upon receiving written notice of authorization, the
8employing entity of the General Assembly must commence dues
9deductions as soon as practicable but in no case later than 30
10days after receiving notice from the labor organization.
11Employee deductions shall be transmitted to the labor
12organization no later than 30 days after they are deducted
13unless a shorter period is mutually agreed to.
14    (j) Deductions shall remain in effect until:
15        (1) the General Assembly receives notice that a
16    legislative employee has revoked the employee's
17    authorization in writing in accordance with the terms of
18    the authorization; or
19        (2) the individual employee is no longer employed by
20    the General Assembly in a bargaining unit position
21    represented by the same exclusive representative, provided
22    that if the legislative employee is, within a period of
23    one year, employed by the General Assembly in a position
24    represented by the same labor organization, the right to
25    dues deduction shall be automatically reinstated.
26    Nothing in this subsection prevents an employee from



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1continuing to authorize payroll deductions when no longer
2represented by the exclusive representative that would receive
3such deduction.
4    If the individual employee who has signed a dues deduction
5authorization card is either removed from the General
6Assembly's payroll or otherwise placed on any type of
7involuntary or voluntary leave of absence, whether paid or
8unpaid, the legislative employee's dues deduction shall be
9continued upon that employee's return to the payroll in a
10bargaining unit position represented by the same exclusive
11representative or restoration to active duty from such a leave
12of absence.
13    (k) Unless otherwise mutually agreed by the Office of
14State Legislative Labor Relations and the exclusive
15representative, employee requests to authorize, revoke,
16cancel, or change authorizations for payroll deductions for
17labor organizations shall be directed to the labor
18organization rather than to the Office of State Legislative
19Labor Relations or the General Assembly. The labor
20organization shall be responsible for initially processing and
21notifying the Office of State Legislative Labor Relations of
22proper requests or providing proper requests to the Office of
23State Legislative Labor Relations. If the requests are not
24provided to the Office of State Legislative Labor Relations,
25the Office of State Legislative Labor Relations shall rely on
26information provided by the labor organization regarding



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1whether deductions for a labor organization were properly
2authorized, revoked, canceled, or changed, and the labor
3organization shall indemnify the General Assembly and the
4Office of State Legislative Labor Relations for any damages
5and reasonable costs incurred for any claims made by employees
6for deductions made in good faith reliance on that
8    (l) Upon receipt by the exclusive representative of an
9appropriate written authorization from a legislative employee,
10written notice of authorization shall be provided to the
11Office of State Legislative Labor Relations and any authorized
12deductions shall be made in accordance with law by the
13employing entity of the General Assembly following receipt of
14a copy of the notice. The labor organization shall indemnify
15the General Assembly and the Office of State Legislative Labor
16Relations for any damages and reasonable costs incurred for
17any claims made by employees for deductions made in good faith
18reliance on its notification.
19    (m) The failure of an employing entity of the General
20Assembly or the Office of State Legislative Labor Relations to
21comply with the provisions of this Section is a violation of
22the duty to bargain and an unfair labor practice. Relief for
23the violation shall be reimbursement by the General Assembly
24of dues that should have been deducted or paid based on a valid
25authorization given by the employee or employees. In addition,
26the provisions of a collective bargaining agreement that



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1contain the obligations set forth in this Section may be
2enforced in accordance with Sections 40 and 80.
3    (n) The Illinois Labor Relations Board shall have
4exclusive jurisdiction over claims under Illinois law that
5allege that a labor organization has unlawfully collected dues
6from a legislative employee in violation of this Act. The
7Board shall, by rule, require that in cases in which a
8legislative employee alleges that a labor organization has
9unlawfully collected dues, the employing entity of the General
10Assembly shall continue to deduct the employee's dues from the
11employee's pay, but shall transmit the dues to the Board for
12deposit in an escrow account maintained by the Board. If the
13exclusive representative maintains an escrow account for the
14purpose of holding dues to which an employee has objected, the
15employing entity of the General Assembly shall transmit the
16entire amount of dues to the exclusive representative, and the
17exclusive representative shall hold in escrow the dues that
18the employing entity would otherwise have been required to
19transmit to the Board for escrow; provided that the escrow
20account maintained by the exclusive representative complies
21with rules adopted by the Board or that the collective
22bargaining agreement requiring the payment of the dues
23contains an indemnification provision for the purpose of
24indemnifying the General Assembly and the Office of State
25Legislative Labor Relations with respect to their transmission
26of dues to the exclusive representative.



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1    (o) If any clause, sentence, paragraph, or subparagraph of
2this Section shall be adjudged by a court of competent
3jurisdiction to be unconstitutional or otherwise invalid, that
4judgment shall not affect, impair, or invalidate the remainder
5thereof, but shall be confined in its operation to the clause,
6sentence, paragraph, or subparagraph of this Section directly
7involved in the controversy in which that judgment shall have
8been rendered.
9    If any clause, sentence, paragraph, or part of a signed
10authorization for payroll deductions shall be adjudged by a
11court of competent jurisdiction to be unconstitutional or
12otherwise invalid, that judgment shall not affect, impair, or
13invalidate the remainder of the signed authorization, but
14shall be confined in its operation to the clause, sentence,
15paragraph, or part of the signed authorization directly
16involved in the controversy in which that judgment shall have
17been rendered.
18    Section 35. Duty to bargain. The Office of State
19Legislative Labor Relations and the exclusive representative
20have the authority and the duty to bargain collectively as set
21forth in this Section.
22    As used in this Act, "to bargain collectively" means the
23performance of the mutual obligation of the Office of State
24Legislative Labor Relations and the representative of the
25legislative employees to meet at reasonable times, including



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1meetings in advance of the budget-making process, and to
2negotiate in good faith with respect to wages, hours, and
3other conditions of employment, not excluded by Section 15, or
4the negotiation of an agreement, or any question arising
5thereunder and the execution of a written contract
6incorporating any agreement reached if requested by either
7party, but such obligation does not compel either party to
8agree to a proposal or require the making of a concession.
9    The duty "to bargain collectively" also includes an
10obligation to negotiate over any matter with respect to wages,
11hours, and other conditions of employment, not specifically
12provided for in any other law or not specifically in violation
13of the provisions of any law. If any other law pertains, in
14part, to a matter affecting the wages, hours, and other
15conditions of employment, such other law shall not be
16construed as limiting the duty "to bargain collectively" and
17to enter into collective bargaining agreements containing
18clauses that either supplement, implement, or relate to the
19effect of such provisions in other laws.
20    The duty "to bargain collectively" also includes
21negotiations as to the terms of a collective bargaining
22agreement. The parties may, by mutual agreement, provide for
23arbitration of impasses resulting from their inability to
24agree upon wages, hours, and terms and conditions of
25employment to be included in a collective bargaining
26agreement. Such arbitration provisions shall be subject to the



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1Uniform Arbitration Act unless agreed by the parties.
2    The duty "to bargain collectively" also means that no
3party to a collective bargaining agreement shall terminate or
4modify such contract, unless the party desiring such
5termination or modification:
6        (1) serves a written notice upon the other party to
7    the contract of the proposed termination or modification
8    60 days prior to the expiration date thereof, or in the
9    event such contract contains no expiration date, 60 days
10    prior to the time it is proposed to make such termination
11    or modification;
12        (2) offers to meet and confer with the other party for
13    the purpose of negotiating a new contract or a contract
14    containing the proposed modifications;
15        (3) notifies the Board within 30 days after such
16    notice of the existence of a dispute, provided no
17    agreement has been reached by that time; and
18        (4) continues in full force and effect, without
19    resorting to strike or lockout, all the terms and
20    conditions of the existing contract for a period of 60
21    days after such notice is given to the other party or until
22    the expiration date of such contract, whichever occurs
23    later.
24    The duties imposed by paragraphs (2), (3), and (4) shall
25become inapplicable upon an intervening certification of the
26Board, under which the labor organization, which is a party to



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1the contract, has been superseded as or ceased to be the
2exclusive representative of the employees pursuant to the
3provisions of subsection (a) of Section 45, and the duties so
4imposed shall not be construed as requiring either party to
5discuss or agree to any modification of the terms and
6conditions contained in a contract for a fixed period, if such
7modification is to become effective before such terms and
8conditions can be reopened under the provisions of the
10    Section 40. Grievance Procedure. A collective bargaining
11agreement negotiated between the Office of State Legislative
12Labor Relations and the exclusive representative shall contain
13a grievance resolution procedure that shall apply to all
14legislative employees in the bargaining unit and shall provide
15for final and binding arbitration of disputes concerning the
16administration or interpretation of the agreement unless
17mutually agreed otherwise. Any agreement containing a final
18and binding arbitration provision shall also contain a
19provision prohibiting strikes for the duration of the
20agreement. The grievance and arbitration provisions of any
21collective bargaining agreement shall be subject to the
22Uniform Arbitration Act. The costs of such arbitration shall
23be borne equally by the Office of State Legislative Labor
24Relations and the employee organization.



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1    Section 45. Elections; recognition.
2    (a) Whenever in accordance with such regulations as may be
3prescribed by the Board a petition has been filed:
4        (1) by a legislative employee or group of legislative
5    employees or any labor organization acting on their
6    behalf, demonstrating that 30% of the legislative
7    employees in an appropriate unit (A) wish to be
8    represented for the purposes of collective bargaining by a
9    labor organization as exclusive representative or (B)
10    asserting that the labor organization that has been
11    certified or is currently recognized by the Office of
12    State Legislative Labor Relations as bargaining
13    representative is no longer the representative of the
14    majority of legislative employees in the unit; or
15        (2) by the Office of State Legislative Labor Relations
16    on behalf of the General Assembly alleging that one or
17    more labor organizations have presented to it a claim that
18    they be recognized as the representative of a majority of
19    the legislative employees in an appropriate unit, the
20    Board shall investigate such petition, and if it has
21    reasonable cause to believe that a question of
22    representation exists, shall provide for an appropriate
23    hearing upon due notice. Such hearing shall be held at the
24    offices of the Board or such other location as the Board
25    deems appropriate. If the Board finds upon the record of
26    the hearing that a question of representation exists, it



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1    shall direct an election in accordance with subsection (d)
2    of this Section, which election shall be held not later
3    than 120 days after the date the petition was filed
4    regardless of whether that petition was filed before or
5    after the effective date of this Act; however, the Board
6    may extend the time for holding an election by an
7    additional 60 days if, upon motion by a person who has
8    filed a petition under this Section or is the subject of a
9    petition filed under this Section and is a party to such
10    hearing, or upon the Board's own motion, the Board finds
11    that good cause has been shown for extending the election
12    date. Nothing in this Section prohibits the Board, in its
13    discretion, from extending the time for holding an
14    election for so long as may be necessary under the
15    circumstances, where the purpose for such extension is to
16    permit resolution by the Board of an unfair labor practice
17    charge filed by one of the parties to a representational
18    proceeding against the other based upon conduct that may
19    either affect the existence of a question concerning
20    representation or have a tendency to interfere with a fair
21    and free election, where the party filing the charge has
22    not filed a request to proceed with the election; and
23    provided further that prior to the expiration of the total
24    time allotted for holding an election, a person who has
25    filed a petition under this Section or is the subject of a
26    petition filed under this Section and is a party to such



HB4148 Engrossed- 31 -LRB103 34551 JDS 64386 b

1    hearing or the Board, may move for and obtain the entry of
2    an order in the circuit court of the county in which the
3    majority of the legislative employees sought to be
4    represented by such person reside, such order extending
5    the date upon which the election shall be held. Such order
6    shall be issued by the circuit court only upon a judicial
7    finding that there has been a sufficient showing that
8    there is good cause to extend the election date beyond
9    such period and shall require the Board to hold the
10    election as soon as is feasible given the totality of the
11    circumstances. Such 120-day period may be extended one or
12    more times by the agreement of all parties to the hearing
13    to a date certain without the necessity of obtaining a
14    court order. The showing of interest in support of a
15    petition filed under paragraph (1) of this subsection (a)
16    may be evidenced by electronic communications, and such
17    writing or communication may be evidenced by the
18    electronic signature of the employee as provided under
19    Section 5-120 of the Electronic Commerce Security Act. The
20    showing of interest shall be valid only if signed within
21    12 months prior to the filing of the petition. Nothing in
22    this Section prohibits the waiving of hearings by
23    stipulation for the purpose of a consent election in
24    conformity with the rules of the Board or an election in a
25    unit agreed upon by the parties. Other interested employee
26    organizations may intervene in the proceedings in the



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1    manner and within the time period specified by rules of
2    the Board. Interested parties who are necessary to the
3    proceedings may also intervene in the proceedings in the
4    manner and within the time period specified by the rules
5    of the Board.
6    (b) A labor organization or the Office of State
7Legislative Labor Relations on behalf of the General Assembly
8may file a unit clarification petition seeking to clarify an
9existing bargaining unit. Unit clarification petitions may be
10filed if: (1) substantial changes occur in the duties and
11functions of an existing job title, raising an issue as to the
12title's unit placement; (2) an existing job title that is
13logically encompassed within the existing unit was
14inadvertently excluded by the parties at the time the unit was
15established; (3) a newly created job title is logically
16encompassed within an existing unit; (4) a significant change
17takes place in statutory or case law that affects the
18bargaining rights of employees; (5) a determination needs to
19be made as to the unit placement of positions in dispute
20following a certification of representative issued following a
21direction of election under subsection (d); (6) the parties
22have agreed to eliminate a position or title because the
23General Assembly no longer uses it; (7) the parties have
24agreed to exclude some of the positions in a title or
25classification from a bargaining unit and include others; or
26(8) as prescribed in rules set by the Board. The Board shall



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1conclude its investigation, including any hearing process
2deemed necessary, and issue a certification of clarified unit
3or dismiss the petition not later than 120 days after the date
4the petition was filed. The 120-day period may be extended one
5or more times by the agreement of all parties to a hearing to a
6date certain.
7    (c) The Board shall decide in each case, in order to assure
8legislative employees the fullest freedom in exercising the
9rights guaranteed by this Act, a unit appropriate for the
10purpose of collective bargaining, based upon, but not limited
11to, such factors as: historical pattern of recognition;
12community of interest including employee skills and functions;
13degree of functional integration; interchangeability and
14contact among employees; fragmentation of employee groups;
15common supervision, wages, hours, and other working conditions
16of the employees involved; and the desires of the employees.
17For purposes of this subsection, fragmentation shall not be
18the sole or predominant factor used by the Board in
19determining an appropriate bargaining unit. A single
20bargaining unit determined by the Board may not include both
21supervisors and nonsupervisors.
22    In cases involving a historical pattern of recognition,
23and in cases where the General Assembly has recognized the
24union as the sole and exclusive bargaining agent for a
25specified existing unit, the Board shall find the employees in
26the unit then represented by the union pursuant to the



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1recognition to be the appropriate unit.
2    The Board shall not decide that any unit is appropriate if
3such unit includes both professional employees and
4nonprofessional employees, unless a majority of each group
5votes for inclusion in such unit.
6    (d) If the Office of State Legislative Labor Relations
7does not voluntarily recognize a labor organization as the
8exclusive bargaining representative for a unit of legislative
9employees, the Board shall determine the majority
10representative of the legislative employees in an appropriate
11collective bargaining unit by conducting a secret ballot
12election. Such a secret ballot election may be conducted
13electronically, using an electronic voting system, in addition
14to paper ballot voting systems. Within 7 days after the Board
15issues its bargaining unit determination and direction of
16election or the execution of a stipulation for the purpose of a
17consent election, the Office of State Legislative Labor
18Relations shall submit to the labor organization the complete
19names and addresses of those employees who are determined by
20the Board to be eligible to participate in the election. When
21the Board has determined that a labor organization has been
22fairly and freely chosen by a majority of legislative
23employees in an appropriate unit, it shall certify such
24organization as the exclusive representative. If the Board
25determines that a majority of employees in an appropriate unit
26has fairly and freely chosen not to be represented by a labor



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1organization, it shall so certify. The Board may also revoke
2the certification of the legislative employee organizations as
3exclusive bargaining representatives which have been found by
4a secret ballot election to be no longer the majority
6    (e) The Board shall not conduct an election in any
7bargaining unit or any subdivision thereof within which a
8valid election has been held in the preceding 12-month period.
9The Board shall determine who is eligible to vote in an
10election and shall establish rules governing the conduct of
11the election or conduct affecting the results of the election.
12The Board shall include on a ballot in a representation
13election a choice of "no representation". A labor organization
14currently representing the bargaining unit of legislative
15employees shall be placed on the ballot in any representation
16election. In any election where none of the choices on the
17ballot receives a majority, a runoff election shall be
18conducted between the 2 choices receiving the largest number
19of valid votes cast in the election. A labor organization
20which receives a majority of the votes cast in an election
21shall be certified by the Board as exclusive representative of
22all legislative employees in the unit.
23    (f) A labor organization shall be designated as the
24exclusive representative by the Office of State Legislative
25Labor Relations on behalf of the General Assembly, provided
26that the labor organization represents a majority of the



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1legislative employees in an appropriate unit. Any employee
2organization that is designated or selected by the majority of
3legislative employees, in a unit of the General Assembly
4having no other recognized or certified representative, as
5their representative for purposes of collective bargaining may
6request recognition by the Office of State Legislative Labor
7Relations on behalf of the General Assembly in writing. The
8Office of State Legislative Labor Relations on behalf of the
9General Assembly shall post such request for a period of at
10least 20 days following its receipt thereof on bulletin boards
11or other places used or reserved for employee notices.
12    (g) Within the 20-day period any other interested employee
13organization may petition the Board in the manner specified by
14rules of the Board, provided that such interested employee
15organization has been designated by at least 10% of the
16employees in an appropriate bargaining unit which includes all
17or some of the employees in the unit recognized by the Office
18of State Legislative Labor Relations. In such event, the Board
19shall proceed with the petition in the same manner as provided
20by paragraph (1) of subsection (a) of this Section.
21    (h) No election shall be directed by the Board in any
22bargaining unit where there is in force a valid collective
23bargaining agreement. The Board, however, may process an
24election petition filed between 90 and 60 days prior to the
25expiration of the date of an agreement, and may further
26refine, by rule or decision, the implementation of this



HB4148 Engrossed- 37 -LRB103 34551 JDS 64386 b

1provision. Where more than 4 years have elapsed since the
2effective date of the agreement, the agreement shall continue
3to bar an election, except that the Board may process an
4election petition filed between 90 and 60 days prior to the end
5of the fifth year of such an agreement, and between 90 and 60
6days prior to the end of each successive year of such
8    (i) An order of the Board dismissing a representation
9petition, determining and certifying that a labor organization
10has been fairly and freely chosen by a majority of employees in
11an appropriate bargaining unit, or determining and certifying
12that a labor organization has not been fairly and freely
13chosen by a majority of employees in the bargaining unit is a
14final order. Any person aggrieved by any such order issued on
15or after the effective date of this Act may apply for and
16obtain judicial review in accordance with the Administrative
17Review Law, as now or hereafter amended, except that such
18review shall be afforded directly in the Appellate Court for
19the district in which the aggrieved party resides or transacts
20business. Any direct appeal to the Appellate Court shall be
21filed within 35 days from the date that a copy of the decision
22sought to be reviewed was served upon the party affected by the
24    Section 50. Unfair labor practices.
25    (a) It is an unfair labor practice for the General



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1Assembly or its agents, including, but not limited to, the
2Office of State Legislative Labor Relations:
3        (1) to interfere with, restrain, or coerce legislative
4    employees in the exercise of the rights guaranteed in this
5    Act or to dominate or interfere with the formation,
6    existence, or administration of any labor organization or
7    contribute financial or other support to it; provided, the
8    General Assembly shall not be prohibited from permitting
9    employees to confer with their exclusive bargaining
10    representative during working hours without loss of time
11    or pay;
12        (2) to discriminate in regard to hire or tenure of
13    employment or any term or condition of employment in order
14    to encourage or discourage membership in or other support
15    for any labor organization;
16        (3) to discharge or otherwise discriminate against a
17    legislative employee because the legislative employee has
18    signed or filed an affidavit, petition, or charge or
19    provided any information or testimony under this Act;
20        (4) to refuse to bargain collectively in good faith
21    with a labor organization that is the exclusive
22    representative of legislative employees in an appropriate
23    unit, including, but not limited to, the discussing of
24    grievances with the exclusive representative;
25        (5) to violate any of the rules established by the
26    Board with jurisdiction over them relating to the conduct



HB4148 Engrossed- 39 -LRB103 34551 JDS 64386 b

1    of representation elections or the conduct affecting the
2    representation elections;
3        (6) to expend or cause the expenditure of public funds
4    to any external agent, individual, firm, agency,
5    partnership, or association in any attempt to influence
6    the outcome of representational elections held pursuant to
7    Section 45; provided that nothing in this subsection shall
8    be construed to limit the General Assembly's right to
9    internally communicate with its employees as provided in
10    subsection (c) of this Section, to be represented on any
11    matter pertaining to unit determinations, unfair labor
12    practice charges or pre-election conferences in any formal
13    or informal proceeding before the Board, or to seek or
14    obtain advice from legal counsel or the Office of State
15    Legislative Labor Relations. Nothing in this paragraph
16    shall be construed to prohibit the General Assembly from
17    expending or causing the expenditure of public funds on,
18    or seeking or obtaining services or advice from, any
19    organization, group, or association established by and
20    including public or educational employers, whether covered
21    by this Act, the Illinois Public Labor Relations Act, the
22    Illinois Educational Labor Relations Act or the public
23    employment labor relations law of any other state or the
24    federal government, provided that such services or advice
25    are generally available to the membership of the
26    organization, group, or association, and are not offered



HB4148 Engrossed- 40 -LRB103 34551 JDS 64386 b

1    solely in an attempt to influence the outcome of a
2    particular representational election;
3        (7) to refuse to reduce a collective bargaining
4    agreement to writing or to refuse to sign such agreement;
5        (8) to interfere with, restrain, coerce, deter, or
6    discourage legislative employees or applicants to be
7    legislative employees from: (i) becoming or remaining
8    members of a labor organization; (ii) authorizing
9    representation by a labor organization; or (iii)
10    authorizing dues or fee deductions to a labor
11    organization, nor shall the General Assembly intentionally
12    permit outside third parties to use its email or other
13    communication systems to engage in that conduct. The
14    General Assembly's good faith implementation of a policy
15    to block the use of its email or other communication
16    systems for such purposes shall be a defense to an unfair
17    labor practice;
18        (9) to disclose to any person or entity information
19    set forth in subsection (d) of Section 30 that the General
20    Assembly knows or should know will be used to interfere
21    with, restrain, coerce, deter, or discourage any
22    legislative employee from: (i) becoming or remaining
23    members of a labor organization, (ii) authorizing
24    representation by a labor organization, or (iii)
25    authorizing dues or fee deductions to a labor
26    organization; or



HB4148 Engrossed- 41 -LRB103 34551 JDS 64386 b

1        (10) to promise, threaten, or take any action: (i) to
2    permanently replace an employee who participates in a
3    lawful strike as provided under Section 80; (ii) to
4    discriminate against an employee who is working or has
5    unconditionally offered to return to work for the employer
6    because the employee supported or participated in such a
7    lawful strike; or (iii) to lock out, suspend, or otherwise
8    withhold employment from an employee in order to influence
9    the position of such employee or the representative of
10    such employee in collective bargaining prior to a lawful
11    strike.
12    (b) It shall be an unfair labor practice for a labor
13organization or its agents:
14        (1) to restrain or coerce legislative employees in the
15    exercise of the rights guaranteed in this Act; however,
16    (i) this paragraph shall not impair the right of a labor
17    organization to prescribe its own rules with respect to
18    the acquisition or retention of membership therein and
19    (ii) a labor organization or its agents shall commit an
20    unfair labor practice under this paragraph in duty of fair
21    representation cases only by intentional misconduct in
22    representing legislative employees under this Act;
23        (2) to restrain or coerce the General Assembly or the
24    Office of State Legislative Labor Relations in the
25    selection of its representatives for the purposes of
26    collective bargaining or the settlement of grievances;



HB4148 Engrossed- 42 -LRB103 34551 JDS 64386 b

1        (3) to cause, or attempt to cause, the General
2    Assembly to discriminate against an employee in violation
3    of paragraph (2) of subsection (a);
4        (4) to refuse to bargain collectively in good faith
5    with the Office of State Legislative Labor Relations on
6    behalf of the General Assembly, if it has been designated
7    in accordance with the provisions of this Act as the
8    exclusive representative of legislative employees in an
9    appropriate unit;
10        (5) to violate any of the rules established by the
11    Board with jurisdiction over them relating to the conduct
12    of representation elections or the conduct affecting the
13    representation elections;
14        (6) to discriminate against any legislative employee
15    because the employee has signed or filed an affidavit,
16    petition, or charge or provided any information or
17    testimony under this Act;
18        (7) to picket or cause to be picketed, or threaten to
19    picket or cause to be picketed, the General Assembly where
20    an object thereof is forcing or requiring the General
21    Assembly to recognize or bargain with a labor organization
22    of the representative of its employees, or forcing or
23    requiring legislative employees to accept or select such
24    labor organization as their collective bargaining
25    representative, unless such labor organization is
26    currently certified as the representative of such



HB4148 Engrossed- 43 -LRB103 34551 JDS 64386 b

1    employees:
2            (A) where the Office of State Legislative Labor
3        Relations has lawfully recognized in accordance with
4        this Act any labor organization and a question
5        concerning representation may not appropriately be
6        raised under Section 45;
7            (B) where within the preceding 12 months a valid
8        election under Section 45 has been conducted; or
9            (C) where such picketing has been conducted
10        without a petition under Section 45 being filed within
11        a reasonable period of time not to exceed 30 days from
12        the commencement of such picketing; provided that when
13        such a petition has been filed the Board shall
14        forthwith, without regard to the provisions of
15        subsection (a) of Section 45 or the absence of a
16        showing of a substantial interest on the part of the
17        labor organization, direct an election in such unit as
18        the Board finds to be appropriate and shall certify
19        the results thereof; provided further, that nothing in
20        this subparagraph shall be construed to prohibit any
21        picketing or other publicity for the purpose of
22        truthfully advising the public that the General
23        Assembly does not employ members of, or have a
24        contract with, a labor organization unless an effect
25        of such picketing is to induce any individual employed
26        by any other person in the course of the individual's



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1        employment, not to pick up, deliver, or transport any
2        goods or not to perform any services;
3        (8) to refuse to reduce a collective bargaining
4    agreement to writing or to refuse to sign such agreement;
5    or
6        (9) to strike or cause a strike in any month in which
7    one or more legislative session days are scheduled or to
8    interfere in any other way with the essential operation of
9    the General Assembly.
10    (c) The expressing of any views, argument, or opinion or
11the dissemination thereof, whether in written, printed,
12graphic, or visual form, shall not constitute or be evidence
13of an unfair labor practice under any of the provisions of this
14Act, if such expression contains no threat of reprisal or
15force or promise of benefit.
16    (d) The General Assembly shall not discourage legislative
17employees or applicants to become legislative employees from
18becoming or remaining union members or authorizing dues
19deductions, and shall not otherwise interfere with the
20relationship between legislative employees and their exclusive
21bargaining representative. The General Assembly shall refer
22all inquiries about union membership to the exclusive
23bargaining representative, except that the General Assembly
24may communicate with legislative employees regarding payroll
25processes and procedures. The General Assembly will establish
26email policies in an effort to prohibit the use of its email



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1system by outside sources.
2    Section 55. Unfair labor practice procedures. Unfair labor
3practices may be dealt with by the Board in the following
5    (a) Whenever it is charged that any person has engaged in
6or is engaging in any unfair labor practice under this Act, the
7Board or any agent designated by the Board for such purposes,
8shall conduct an investigation of the charge. If after such
9investigation the Board finds that the charge involves a
10dispositive issue of law or fact, the Board shall issue a
11complaint and cause to be served upon the person a complaint
12stating the charges, accompanied by a notice of hearing before
13the Board or a member thereof designated by the Board, or
14before a qualified hearing officer designated by the Board at
15the offices of the Board or such other location as the Board
16deems appropriate, not less than 5 days after serving of such
17complaint provided that no complaint shall issue based upon
18any unfair labor practice occurring more than 6 months before
19the filing of a charge with the Board and the service of a copy
20thereof upon the person against whom the charge is made,
21unless the person aggrieved thereby did not reasonably have
22knowledge of the alleged unfair labor practice or was
23prevented from filing such a charge by reason of service in the
24armed forces, in which event the 6-month period shall be
25computed from the date of discharge. Any such complaint may be



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1amended by the member or hearing officer conducting the
2hearing for the Board in the member's or hearing officer's
3discretion at any time prior to the issuance of an order based
4thereon. The person who is the subject of the complaint has the
5right to file an answer to the original or amended complaint
6and to appear in person or by a representative and give
7testimony at the place and time fixed in the complaint. In the
8discretion of the member or hearing officer conducting the
9hearing or the Board, any other person may be allowed to
10intervene in the proceeding and to present testimony. In any
11hearing conducted by the Board, neither the Board nor the
12member or agent conducting the hearing shall be bound by the
13rules of evidence applicable to courts, except as to the rules
14of privilege recognized by law.
15    (b) The Board shall have the power to issue subpoenas and
16administer oaths. If any party willfully fails or neglects to
17appear or testify or to produce books, papers, and records
18pursuant to the issuance of a subpoena by the Board, then the
19Board may apply to a court of competent jurisdiction to
20request that such party be ordered to appear before the Board
21to testify or produce the requested evidence.
22    (c) Any testimony taken by the Board, or a member
23designated by the Board or a hearing officer thereof, must be
24reduced to writing and filed with the Board. A full and
25complete record shall be kept of all proceedings before the
26Board, and all proceedings shall be transcribed by a reporter



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1appointed by the Board. The party on whom the burden of proof
2rests shall be required to sustain such burden by a
3preponderance of the evidence. If, upon a preponderance of the
4evidence taken, the Board is of the opinion that any person
5named in the charge has engaged in or is engaging in an unfair
6labor practice, then it shall state its findings of fact and
7shall issue and cause to be served upon the person an order
8requiring the person to cease and desist from the unfair labor
9practice, and to take such affirmative action, including
10reinstatement of legislative employees with or without back
11pay, as will effectuate the policies of this Act. If the Board
12awards back pay, it shall also award interest at the rate of 7%
13per annum. The Board's order may further require the person to
14make reports from time to time, and demonstrate the extent to
15which he has complied with the order. If there is no
16preponderance of evidence to indicate to the Board that the
17person named in the charge has engaged in or is engaging in the
18unfair labor practice, then the Board shall state its findings
19of fact and shall issue an order dismissing the complaint. The
20Board's order may in its discretion also include an
21appropriate sanction, based on the Board's rules, and the
22sanction may include an order to pay the other party or
23parties' reasonable expenses including costs and reasonable
24attorney's fee, if the other party has made allegations or
25denials without reasonable cause and found to be untrue or has
26engaged in frivolous litigation for the purpose of delay or



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1needless increase in the cost of litigation; the State of
2Illinois or any agency thereof shall be subject to the
3provisions of this sentence in the same manner as any other
5    (d) Until the record in a case has been filed in court, the
6Board, at any time, upon reasonable notice and in such manner
7as it deems proper, may modify or set aside, in whole or in
8part, any finding or order made or issued by it.
9    (e) A charging party or any person aggrieved by a final
10order of the Board granting or denying in whole or in part the
11relief sought may apply for and obtain judicial review of an
12order of the Board entered under this Act, in accordance with
13the provisions of the Administrative Review Law, as now or
14hereafter amended, except that such judicial review shall be
15afforded directly in the Appellate Court for the district in
16which the aggrieved party resides or transacts business, and
17provided, that such judicial review shall not be available for
18the purpose of challenging a final order issued by the Board
19pursuant to Section 45 for which judicial review has been
20petitioned pursuant to subsection (i) of Section 45. Any
21direct appeal to the Appellate Court shall be filed within 35
22days from the date that a copy of the decision sought to be
23reviewed was served upon the party affected by the decision.
24The filing of such an appeal to the Appellate Court shall not
25automatically stay the enforcement of the Board's order. An
26aggrieved party may apply to the Appellate Court for a stay of



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1the enforcement of the Board's order after the aggrieved party
2has followed the procedure prescribed by Supreme Court Rule
3335. The Board in proceedings under this Section may obtain an
4order of the court for the enforcement of its order.
5    (f) Whenever it appears that any person has violated a
6final order of the Board issued pursuant to this Section, the
7Board must commence an action in the name of the People of the
8State of Illinois by petition, alleging the violation,
9attaching a copy of the order of the Board, and praying for the
10issuance of an order directing the person and the person's
11officers, agents, servants, successors, and assigns to comply
12with the order of the Board. The Board shall be represented in
13this action by the Attorney General in accordance with the
14Attorney General Act. The court may grant or refuse, in whole
15or in part, the relief sought, provided that the court may stay
16an order of the Board in accordance with the Administrative
17Review Law, pending disposition of the proceedings. The court
18may punish a violation of its order as in civil contempt.
19    (g) The proceedings provided in paragraph (f) of this
20Section shall be commenced in the Appellate Court for the
21district where the unfair labor practice which is the subject
22of the Board's order was committed, or where a person required
23to cease and desist by such order resides or transacts
25    (h) The Board through the Attorney General, shall have
26power, upon issuance of an unfair labor practice complaint



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1alleging that a person has engaged in or is engaging in an
2unfair labor practice, to petition the circuit court where the
3alleged unfair labor practice which is the subject of the
4Board's complaint was allegedly committed, or where a person
5required to cease and desist from such alleged unfair labor
6practice resides or transacts business, for appropriate
7temporary relief or restraining order. Upon the filing of any
8such petition, the court shall cause notice thereof to be
9served upon such persons, and thereupon shall have
10jurisdiction to grant to the Board such temporary relief or
11restraining order as it deems just and proper.
12    (i) If an unfair labor practice charge involves the
13interpretation or application of a collective bargaining
14agreement and said agreement contains a grievance procedure
15with binding arbitration as its terminal step, the Board may
16defer the resolution of such dispute to the grievance and
17arbitration procedure contained in said agreement.
18    Section 60. Mediation.
19    (a) The services of the mediators listed on the Public
20Employees Mediation Roster established under Section 12 of the
21Illinois Public Labor Relations Act shall be available to the
22Office of State Legislative Labor Relations and to labor
23organizations upon request of the parties for the purposes of
24mediation of grievances or contract disputes. Upon the request
25of either party, services of the Public Employees Mediation



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1Roster shall be available for purposes of arbitrating disputes
2over interpretation or application of the terms of an
3agreement pursuant to Section 40. The function of the mediator
4shall be to communicate with the Office of State Legislative
5Labor Relations and exclusive representative or their
6representatives and to endeavor to bring about an amicable and
7voluntary settlement. Compensation of Roster members for
8services performed as mediators under this Act shall be paid
9equally by the parties to a mediated labor dispute.
10    (b) A mediator in a mediated labor dispute shall be
11selected by the Board from among the members of the Roster.
12    (c) Nothing in this Act or any other law prohibits the use
13of other mediators selected by the parties for the resolution
14of disputes over interpretation or application of the terms or
15conditions of the collective bargaining agreements between the
16General Assembly and a labor organization.
17    (d) If requested by the parties to a labor dispute, a
18mediator may perform fact-finding as set forth in Section 65.
19    Section 65. Fact-finding.
20    (a) If, after a reasonable period of negotiation over the
21terms of the agreement or upon expiration of an existing
22collective bargaining agreement, the parties have not been
23able to mutually resolve the dispute, the parties may, by
24mutual consent, initiate a fact-finding.
25    (b) Within 3 days of such request the Board must submit to



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1the parties a panel of 7 qualified, disinterested persons from
2the Illinois Public Employees Mediation Roster to serve as a
3fact-finder. The parties to the dispute shall designate one of
4the 7 persons to serve as fact-finder. The fact-finder must
5act independently of the Board and may be the same person who
6participated in the mediation of the labor dispute if both
7parties consent. The person selected or appointed as
8fact-finder shall immediately establish the dates and place of
9hearings. Upon request, the Board shall schedule hearings to
10be conducted by the fact-finder. The fact-finder may
11administer oaths. The fact-finder shall initially determine
12what issues are in dispute and therefore properly before the
13fact-finder. Upon completion of the hearings, but no later
14than 45 days from the date of appointment, the fact-finder
15must make written findings of facts and recommendations for
16resolution of the dispute, must serve findings on the General
17Assembly and the labor organization involved, and must
18publicize such findings by mailing them to all newspapers of
19general circulation in the community. The fact-finder's
20findings shall be advisory only and shall not be binding upon
21the parties. If the parties do not accept the recommendations
22of the fact-finder as the basis for settlement, or if the
23fact-finder does not make written findings of facts and
24recommendations for the resolution of the dispute and serve
25and publicize such findings within 45 days of the date of
26appointment, the parties may resume negotiations.



HB4148 Engrossed- 53 -LRB103 34551 JDS 64386 b

1    (c) The Office of State Legislative Labor Relations and
2the labor organization that is certified as exclusive
3representative or which is recognized as exclusive
4representative in any particular bargaining unit by the State
5or political subdivision are the only proper parties to the
6fact-finding proceedings.
7    Section 70. Act takes precedence.
8    (a) In case of any conflict between the provisions of this
9Act and any other law (other than Section 5 of the State
10Employees Group Insurance Act of 1971 and other than the
11changes made to the Illinois Pension Code by Public Act
1296-889), executive order, or administrative regulation
13relating to wages, hours, and conditions of employment and
14employment relations, the provisions of this Act or any
15collective bargaining agreement negotiated thereunder shall
16prevail and control. The provisions of this Act are subject to
17Section 5 of the State Employees Group Insurance Act of 1971.
18    (b) Except as provided in subsection (a), any collective
19bargaining agreement between the General Assembly and a labor
20organization executed pursuant to this Act shall supersede any
21contrary statutes, charters, ordinances, rules, or regulations
22relating to wages, hours, and conditions of employment and
23employment relations adopted by the General Assembly or its



HB4148 Engrossed- 54 -LRB103 34551 JDS 64386 b

1    Section 75. Exhaustion of nonjudicial remedies. After the
2exhaustion of any procedures mandated by a collective
3bargaining agreement, suits for violation of agreements
4between the General Assembly and a labor organization
5representing legislative employees may be brought by the
6parties to such agreement in the circuit court of Cook County
7or Sangamon County.
8    Section 80. Right to strike.
9    (a) Nothing in this Act makes it unlawful or makes it an
10unfair labor practice for legislative employees to strike
11except as otherwise provided in this Act. Legislative
12employees who are permitted to strike may strike only if:
13        (1) the employees are represented by an exclusive
14    bargaining representative;
15        (2) the collective bargaining agreement entered into
16    on behalf of the General Assembly and the legislative
17    employees, if any, has expired, or such collective
18    bargaining agreement does not prohibit the strike;
19        (3) the exclusive representative has requested a
20    mediator pursuant to Section 60 for the purpose of
21    mediation or conciliation of a dispute between the General
22    Assembly and the exclusive representative and mediation
23    has been used;
24        (4) the strike does not occur in any month in which one
25    or more legislative session days are scheduled and does



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1    not otherwise interfere with the essential operation of
2    the General Assembly; and
3        (5) at least 5 days have elapsed after a notice of
4    intent to strike has been given by the exclusive
5    bargaining representative to the Office of State
6    Legislative Labor Relations.
7    In mediation under this Section, if either party requests
8the use of mediation services from the Federal Mediation and
9Conciliation Service, the other party shall either join in
10such request or bear the additional cost of mediation services
11from another source. As used in this Section, "legislative
12session day" does not include a day that is solely a
13perfunctory session day or a day when only a legislative
14committee is meeting.
15    (b) A legislative employee who participates in a strike, a
16work stoppage, or a work slowdown against the General
17Assembly, in violation of this Section shall be subject to
18discipline by the employing entity of the General Assembly.
19    Section 85. Prohibitions. Nothing in this Act shall be
20construed to require an individual legislative employee to
21render labor or service without the legislative employee's
22consent; nor shall anything in this Act be construed to make
23the quitting of employment by an individual legislative
24employee an illegal act; nor shall any court issue any process
25to compel the performance by an individual legislative



HB4148 Engrossed- 56 -LRB103 34551 JDS 64386 b

1employee of such labor or service, without the employee's
2consent; nor shall the quitting of labor by a legislative
3employee or legislative employees in good faith because of
4abnormally dangerous conditions for work at the place of
5employment of such employee be deemed a strike under this Act.
6    Section 90. Multiyear collective bargaining agreements.
7Subject to the appropriation power of the General Assembly,
8the Office of State Legislative Labor Relations and exclusive
9representatives may negotiate multiyear collective bargaining
10agreements pursuant to the provisions of this Act.
11    Section 95. Meetings. The provisions of the Open Meetings
12Act do not apply to collective bargaining negotiations and
13grievance arbitration conducted pursuant to this Act.
14    Section 100. Waiver of sovereign immunity. For purposes of
15this Act, the State of Illinois waives sovereign immunity.
16    Section 105. Application of Labor Dispute Act. The
17provisions of the Labor Dispute Act apply.
18    Section 900. The Criminal Code of 2012 is amended by
19changing Section 33G-4 as follows:
20    (720 ILCS 5/33G-4)



HB4148 Engrossed- 57 -LRB103 34551 JDS 64386 b

1    (Section scheduled to be repealed on June 1, 2025)
2    Sec. 33G-4. Prohibited activities.
3    (a) It is unlawful for any person, who intentionally
4participates in the operation or management of an enterprise,
5directly or indirectly, to:
6        (1) knowingly do so, directly or indirectly, through a
7    pattern of predicate activity;
8        (2) knowingly cause another to violate this Article;
9    or
10        (3) knowingly conspire to violate this Article.
11    Notwithstanding any other provision of law, in any
12prosecution for a conspiracy to violate this Article, no
13person may be convicted of that conspiracy unless an overt act
14in furtherance of the agreement is alleged and proved to have
15been committed by him, her, or by a coconspirator, but the
16commission of the overt act need not itself constitute
17predicate activity underlying the specific violation of this
19    (b) It is unlawful for any person knowingly to acquire or
20maintain, directly or indirectly, through a pattern of
21predicate activity any interest in, or control of, to any
22degree, any enterprise, real property, or personal property of
23any character, including money.
24    (c) Nothing in this Article shall be construed as to make
25unlawful any activity which is arguably protected or
26prohibited by the National Labor Relations Act, the Illinois



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1Educational Labor Relations Act, the Legislative Employee
2Labor Relations Act, the Illinois Public Labor Relations Act,
3or the Railway Labor Act.
4    (d) The following organizations, and any officer or agent
5of those organizations acting in his or her official capacity
6as an officer or agent, may not be sued in civil actions under
7this Article:
8        (1) a labor organization; or
9        (2) any business defined in Division D, E, F, G, H, or
10    I of the Standard Industrial Classification as established
11    by the Occupational Safety and Health Administration, U.S.
12    Department of Labor.
13    (e) Any person prosecuted under this Article may be
14convicted and sentenced either:
15        (1) for the offense of conspiring to violate this
16    Article, and for any other particular offense or offenses
17    that may be one of the objects of a conspiracy to violate
18    this Article; or
19        (2) for the offense of violating this Article, and for
20    any other particular offense or offenses that may
21    constitute predicate activity underlying a violation of
22    this Article.
23    (f) The State's Attorney, or a person designated by law to
24act for him or her and to perform his or her duties during his
25or her absence or disability, may authorize a criminal
26prosecution under this Article. Prior to any State's Attorney



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1authorizing a criminal prosecution under this Article, the
2State's Attorney shall adopt rules and procedures governing
3the investigation and prosecution of any offense enumerated in
4this Article. These rules and procedures shall set forth
5guidelines which require that any potential prosecution under
6this Article be subject to an internal approval process in
7which it is determined, in a written prosecution memorandum
8prepared by the State's Attorney's Office, that (1) a
9prosecution under this Article is necessary to ensure that the
10indictment adequately reflects the nature and extent of the
11criminal conduct involved in a way that prosecution only on
12the underlying predicate activity would not, and (2) a
13prosecution under this Article would provide the basis for an
14appropriate sentence under all the circumstances of the case
15in a way that a prosecution only on the underlying predicate
16activity would not. No State's Attorney, or person designated
17by law to act for him or her and to perform his or her duties
18during his or her absence or disability, may authorize a
19criminal prosecution under this Article prior to reviewing the
20prepared written prosecution memorandum. However, any internal
21memorandum shall remain protected from disclosure under the
22attorney-client privilege, and this provision does not create
23any enforceable right on behalf of any defendant or party, nor
24does it subject the exercise of prosecutorial discretion to
25judicial review.
26    (g) A labor organization and any officer or agent of that



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1organization acting in his or her capacity as an officer or
2agent of the labor organization are exempt from prosecution
3under this Article.
4(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)
5    Section 905. The State Lawsuit Immunity Act is amended by
6changing Section 1 as follows:
7    (745 ILCS 5/1)  (from Ch. 127, par. 801)
8    Sec. 1. Except as provided in the Illinois Public Labor
9Relations Act, the Legislative Employee Labor Relations Act,
10the Court of Claims Act, the State Officials and Employees
11Ethics Act, and Section 1.5 of this Act, the State of Illinois
12shall not be made a defendant or party in any court.
13(Source: P.A. 97-618, eff. 10-26-11.)
14    Section 910. The Workplace Violence Prevention Act is
15amended by changing Section 120 as follows:
16    (820 ILCS 275/120)
17    Sec. 120. Exemptions.
18    (a) The court may not enter a workplace protection
19restraining order that enjoins the following activities:
20        (1) lawful monitoring of compliance with public or
21    worker safety laws, wage and hour requirements, or other
22    statutory workplace requirements;



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1        (2) lawful picketing, patrolling, using a banner, or
2    other lawful protesting at the workplace which arises out
3    of a bona fide labor dispute; and
4        (3) engaging in concerted and protected activities as
5    defined in applicable labor law.
6    (b) As used in this Section, "bona fide labor dispute"
7means any activity recognized as a labor dispute by the
8National Labor Relations Act, the Illinois Public Labor
9Relations Act, the Legislative Employee Labor Relations Act,
10or the Illinois Educational Labor Relations Act, and includes
11a controversy concerning: wages, salaries, hours, working
12conditions, or benefits, including health and welfare, sick
13leave, insurance, and pension or retirement provisions; the
14terms to be included in collective bargaining agreements; and
15the making, maintaining, administering, and filing of protests
16or grievances under a collective bargaining agreement.
17(Source: P.A. 98-766, eff. 7-16-14.)
18    Section 995. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
20    Section 999. Effective date. This Act takes effect July 1,
212026, except that this Section and Section 25 take effect on
22July 1, 2025.