HB4224 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4224

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Public Labor Relations Act. Prohibits public employees and labor organizations from collectively bargaining on certain specified matters. Provides that governing authorities of counties, municipalities, and units of local government, including school districts, may by ordinance or resolution prohibit those activities from collective bargaining. Allows the registered voters of counties, municipalities, and units of local government to petition to have the question of whether those activities should be prohibited from collective bargaining certified and presented to the election authority. Makes similar changes in the Illinois Educational Labor Relations Act. Amends the Property Tax Code. Provides that, beginning with the 2016 levy year, the Property Tax Extension Limitation Law applies to all taxing districts, including home rule units and school districts. Provides that, beginning with the 2016 levy year, the extension limitation under the Property Tax Extension Limitation Law is 0% or the rate of increase approved by the voters. Preempts home rule. Amends the State Mandates Act to require implementation without reimbursement. Amends the Prevailing Wage Act. Excludes from the scope of the Act units of local government and school districts. Excludes from the scope of the term "public works" any public works constructed by a unit of local government or school district. Amends various other Acts to make related changes. Contains legislative findings.


LRB099 12507 HLH 35984 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4224LRB099 12507 HLH 35984 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. LEGISLATIVE FINDINGS.

 
5    Section 1-1. Short title. This Act may be cited as the
6Local Government Taxpayer Protection Act of 2015.
 
7    Section 1-5. Legislative intent. As of 2015, Illinois
8taxpayers are paying the second highest median property taxes
9in the United States. While property taxes are a critical
10source of revenue for units of local government, school
11districts, and other local governmental entities, the high
12property tax burden hinders economic growth. The General
13Assembly finds that freezing property tax extensions until
14voters, acting by referendum, approve an increase in the tax
15extension will return control of local tax and spending policy
16to voters and, as property values begin to grow, reduce
17property tax rates.
18    To ensure that units of local government, school districts,
19and other governmental entities that depend upon property tax
20revenue are able to continue providing critical services to
21their residents notwithstanding this property tax freeze, the
22General Assembly further finds that it is necessary to reduce

 

 

HB4224- 2 -LRB099 12507 HLH 35984 b

1the State-imposed mandates on local governments that have
2increased the cost of providing these services. These mandates
3include the following:
4        (1) According to the United States Census Bureau's 2012
5    report on state and local government finance, employee
6    wages and benefits are the largest operational expense of
7    local governments in Illinois. Although the Illinois
8    Public Labor Relations Act and the Illinois Educational
9    Labor Relations Act are intended to afford local
10    governments with discretion over their budgets, employee
11    costs remain a significant expense. The changes made by
12    this amendatory Act of the 99th General Assembly to the
13    Illinois Public Labor Relations Act and the Illinois
14    Educational Labor Relations Act are intended to empower
15    local governments to contain these costs.
16        (2) Despite critical infrastructure and capital needs,
17    the cost of capital projects is often higher for local
18    governments than for the private sector. In particular,
19    labor costs are higher due to the State's mandated
20    prevailing wage, which often exceeds the wage required for
21    federally funded projects and the wage that actually
22    prevails in the market, and the use of project labor
23    agreements.
24    The purpose of this amendatory Act of the 99th General
25Assembly is to alleviate the property tax burden. To offset the
26property tax freeze, it is necessary to reduce labor and

 

 

HB4224- 3 -LRB099 12507 HLH 35984 b

1capital costs incurred by units of local government, school
2districts, and other local governmental entities as a result of
3State mandates.
 
4
ARTICLE 5. AMENDATORY PROVISIONS

 
5    Section 5-5. The Illinois Public Labor Relations Act is
6amended by changing Section 4 and by adding Section 4.5 as
7follows:
 
8    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
9    Sec. 4. Management rights.
10    (a) Employers shall not be required to bargain over matters
11of inherent managerial policy, which shall include such areas
12of discretion or policy as the functions of the employer,
13standards of services, its overall budget, the organizational
14structure and selection of new employees, examination
15techniques and direction of employees. Employers, however,
16shall be required to bargain collectively with regard to policy
17matters directly affecting wages, hours and terms and
18conditions of employment as well as the impact thereon upon
19request by employee representatives, except as provided in this
20Section or Section 7.5.
21    To preserve the rights of employers and exclusive
22representatives which have established collective bargaining
23relationships or negotiated collective bargaining agreements

 

 

HB4224- 4 -LRB099 12507 HLH 35984 b

1prior to the effective date of this Act, employers shall be
2required to bargain collectively with regard to any matter
3concerning wages, hours or conditions of employment about which
4they have bargained for and agreed to in a collective
5bargaining agreement prior to the effective date of this Act,
6except as provided in this Section or Section 7.5.
7    The chief judge of the judicial circuit that employs a
8public employee who is a court reporter, as defined in the
9Court Reporters Act, has the authority to hire, appoint,
10promote, evaluate, discipline, and discharge court reporters
11within that judicial circuit.
12    Nothing in this amendatory Act of the 94th General Assembly
13shall be construed to intrude upon the judicial functions of
14any court. This amendatory Act of the 94th General Assembly
15applies only to nonjudicial administrative matters relating to
16the collective bargaining rights of court reporters.
17    (b) In any unit of local government or school district to
18which this subsection applies, as provided in Section 4.5 of
19this Act, public employees or a labor organization may not
20bargain collectively on:
21        (1) the decision of the employer to contract with a
22    third party for any services, the process for bidding on
23    such a contract, the identity of the provider of such
24    services, or the effect of any such contract on bargaining
25    unit members, provided that this subsection does not limit
26    the ability of employees or a labor organization to bid on

 

 

HB4224- 5 -LRB099 12507 HLH 35984 b

1    any such contract;
2        (2) any pay increase, either through changes to the pay
3    schedule or as a result of accumulated years of service, in
4    excess of the amount specified by ordinance or resolution
5    of the governing authority of the public employer;
6        (3) the provision of any health insurance, including
7    the payment of premiums, the extent of coverage, or the
8    identity of the insurer;
9        (4) the use of employee time for business of the labor
10    organization, other than reasonable time provided to an
11    employee to attend a grievance hearing when his or her
12    rights are substantially affected by the hearing or his or
13    her testimony is needed for the determination of any
14    substantial factual question;
15        (5) required levels of staffing for departments,
16    divisions, shifts, stations, or assignments; or
17        (6) procedures, processes, forms, and criteria for
18    personnel evaluations, or the use of evaluations or
19    seniority in assignments, promotions, layoffs, and
20    reductions-in-force.
21    (c) Any agreement, understanding, or practice, whether
22written or oral, and whether express or implied, between any
23labor organization and any public employer made in violation of
24this Section is hereby declared to be unlawful, null and void,
25and of no legal effect.
26(Source: P.A. 98-599, eff. 6-1-14.)
 

 

 

HB4224- 6 -LRB099 12507 HLH 35984 b

1    (5 ILCS 315/4.5 new)
2    Sec. 4.5. Adoption of limitations on subjects of collective
3bargaining.
4    (a) The county board or board of county commissioners of a
5county may by ordinance elect to apply the limitations under
6subsection (b) of Section 4 to bargaining with that county and
7with any other public employer whose boundaries are entirely
8within that county.
9    (b) The corporate authorities of a municipality may by
10ordinance elect to apply the limitations under subsection (b)
11of Section 4 to bargaining with that municipality and with any
12other public employer whose boundaries are entirely within that
13municipality.
14    (c) The governing authority of a unit of local government
15or school district, including a county or municipality, may by
16ordinance or resolution elect to apply the limitations under
17subsection (b) of Section 4 to bargaining with that unit of
18local government or school district.
19    (d) If a petition, signed by a number of registered voters
20equal in number to at least 5% of the total number of
21registered voters in a county or municipality, asking to apply
22the limitations under subsection (b) of Section 4 to collective
23bargaining in that county or municipality is presented to the
24clerk of that county or municipality, the clerk shall certify
25the question of whether to apply such limitations in that

 

 

HB4224- 7 -LRB099 12507 HLH 35984 b

1county or municipality to the proper election authority, who
2shall submit the question at the next election in accordance
3with the general election law.
4    The question of whether to apply the limitations under
5subsection (b) of Section 4 shall be presented in substantially
6the following form:
7        Shall each unit of local government and school district
8    located within (legal name of the county or municipality)
9    be free to determine certain matters without negotiating
10    with employee unions, such as the use of service providers,
11    the decision to provide health benefits, caps on total
12    payroll, employees' use of government time for union
13    matters, required staffing levels, evaluation procedures,
14    and, in the case of schools, curriculum?
15    The votes must be recorded as "Yes" or "No". If a majority
16of voters voting on the question are in favor of applying such
17limitations, subsection (b) of Section 4 shall apply to
18bargaining with that county or municipality and with any other
19public employer whose boundaries are entirely within that
20county or municipality.
21    (e) If a petition, signed by a number of registered voters
22equal in number to at least 5% of the total number of
23registered voters in a unit of local government or school
24district, asking to apply the limitations under subsection (b)
25of Section 4 to collective bargaining with that unit of local
26government or school district is presented to the clerk of that

 

 

HB4224- 8 -LRB099 12507 HLH 35984 b

1unit of local government or school district, the clerk shall
2certify the question of whether to apply such limitations to
3that unit of local government or school district to the proper
4election authority, who shall submit the question at the next
5election in accordance with the general election law.
6    The question of whether to apply the limitations under
7subsection (b) of Section 4 shall be presented in substantially
8the following form:
9        Shall (the legal name of the unit of local government
10    or school district) be free to determine certain matters
11    without negotiating with employee unions, such as the use
12    of service providers, the decision to provide health
13    benefits, caps on total payroll, employees' use of
14    government time for union matters, required staffing
15    levels, evaluation procedures, and, in the case of schools,
16    curriculum?
17    The votes must be recorded as "Yes" or "No". If a majority
18of voters voting on the question are in favor of applying such
19limitations, subsection (b) of Section 4 shall apply to
20bargaining with that unit of local government or school
21district.
 
22    Section 5-10. The Property Tax Code is amended by changing
23Sections 18-185, 18-205, 18-213, and 18-214 and by adding
24Section 18-242 as follows:
 

 

 

HB4224- 9 -LRB099 12507 HLH 35984 b

1    (35 ILCS 200/18-185)
2    Sec. 18-185. Short title; definitions. This Division 5 may
3be cited as the Property Tax Extension Limitation Law. As used
4in this Division 5:
5    "Consumer Price Index" means the Consumer Price Index for
6All Urban Consumers for all items published by the United
7States Department of Labor.
8    "Extension limitation", for levy years prior to 2016, means
9(a) the lesser of 5% or the percentage increase in the Consumer
10Price Index during the 12-month calendar year preceding the
11levy year or (b) the rate of increase approved by voters under
12Section 18-205.
13    "Extension limitation", beginning in levy year 2016, means
140% or the rate of increase approved by the voters under Section
1518-205.
16    "Affected county" means a county of 3,000,000 or more
17inhabitants or a county contiguous to a county of 3,000,000 or
18more inhabitants.
19    "Taxing district" has the same meaning provided in Section
201-150, except as otherwise provided in this Section. For the
211991 through 1994 levy years only, "taxing district" includes
22only each non-home rule taxing district having the majority of
23its 1990 equalized assessed value within any county or counties
24contiguous to a county with 3,000,000 or more inhabitants.
25Beginning with the 1995 levy year and through the 2015 levy
26year, "taxing district" includes only each non-home rule taxing

 

 

HB4224- 10 -LRB099 12507 HLH 35984 b

1district subject to this Law before the 1995 levy year and each
2non-home rule taxing district not subject to this Law before
3the 1995 levy year having the majority of its 1994 equalized
4assessed value in an affected county or counties. Beginning
5with the levy year in which this Law becomes applicable to a
6taxing district as provided in Section 18-213, "taxing
7district" also includes those taxing districts made subject to
8this Law as provided in Section 18-213. Beginning with the 2016
9levy year, "taxing district" means each unit of local
10government, school district, or community college district in
11the State with the power to levy taxes, including, but not
12limited to, home rule units and taxing districts that were not
13subject to this Law prior to the effective date of this
14amendatory Act of the 99th General Assembly.
15    "Aggregate extension" for taxing districts to which this
16Law applied before the 1995 levy year means the annual
17corporate extension for the taxing district and those special
18purpose extensions that are made annually for the taxing
19district, excluding special purpose extensions: (a) made for
20the taxing district to pay interest or principal on general
21obligation bonds that were approved by referendum; (b) made for
22any taxing district to pay interest or principal on general
23obligation bonds issued before October 1, 1991; (c) made for
24any taxing district to pay interest or principal on bonds
25issued to refund or continue to refund those bonds issued
26before October 1, 1991; (d) made for any taxing district to pay

 

 

HB4224- 11 -LRB099 12507 HLH 35984 b

1interest or principal on bonds issued to refund or continue to
2refund bonds issued after October 1, 1991 that were approved by
3referendum; (e) made for any taxing district to pay interest or
4principal on revenue bonds issued before October 1, 1991 for
5payment of which a property tax levy or the full faith and
6credit of the unit of local government is pledged; however, a
7tax for the payment of interest or principal on those bonds
8shall be made only after the governing body of the unit of
9local government finds that all other sources for payment are
10insufficient to make those payments; (f) made for payments
11under a building commission lease when the lease payments are
12for the retirement of bonds issued by the commission before
13October 1, 1991, to pay for the building project; (g) made for
14payments due under installment contracts entered into before
15October 1, 1991; (h) made for payments of principal and
16interest on bonds issued under the Metropolitan Water
17Reclamation District Act to finance construction projects
18initiated before October 1, 1991; (i) made for payments of
19principal and interest on limited bonds, as defined in Section
203 of the Local Government Debt Reform Act, in an amount not to
21exceed the debt service extension base less the amount in items
22(b), (c), (e), and (h) of this definition for non-referendum
23obligations, except obligations initially issued pursuant to
24referendum; (j) made for payments of principal and interest on
25bonds issued under Section 15 of the Local Government Debt
26Reform Act; (k) made by a school district that participates in

 

 

HB4224- 12 -LRB099 12507 HLH 35984 b

1the Special Education District of Lake County, created by
2special education joint agreement under Section 10-22.31 of the
3School Code, for payment of the school district's share of the
4amounts required to be contributed by the Special Education
5District of Lake County to the Illinois Municipal Retirement
6Fund under Article 7 of the Illinois Pension Code; the amount
7of any extension under this item (k) shall be certified by the
8school district to the county clerk; (l) made to fund expenses
9of providing joint recreational programs for the handicapped
10under Section 5-8 of the Park District Code or Section 11-95-14
11of the Illinois Municipal Code; (m) made for temporary
12relocation loan repayment purposes pursuant to Sections 2-3.77
13and 17-2.2d of the School Code; (n) made for payment of
14principal and interest on any bonds issued under the authority
15of Section 17-2.2d of the School Code; (o) made for
16contributions to a firefighter's pension fund created under
17Article 4 of the Illinois Pension Code, to the extent of the
18amount certified under item (5) of Section 4-134 of the
19Illinois Pension Code; and (p) made for road purposes in the
20first year after a township assumes the rights, powers, duties,
21assets, property, liabilities, obligations, and
22responsibilities of a road district abolished under the
23provisions of Section 6-133 of the Illinois Highway Code.
24    "Aggregate extension" for the taxing districts to which
25this Law did not apply before the 1995 levy year (except taxing
26districts subject to this Law in accordance with Section 18-213

 

 

HB4224- 13 -LRB099 12507 HLH 35984 b

1or this amendatory Act of the 99th General Assembly) means the
2annual corporate extension for the taxing district and those
3special purpose extensions that are made annually for the
4taxing district, excluding special purpose extensions: (a)
5made for the taxing district to pay interest or principal on
6general obligation bonds that were approved by referendum; (b)
7made for any taxing district to pay interest or principal on
8general obligation bonds issued before March 1, 1995; (c) made
9for any taxing district to pay interest or principal on bonds
10issued to refund or continue to refund those bonds issued
11before March 1, 1995; (d) made for any taxing district to pay
12interest or principal on bonds issued to refund or continue to
13refund bonds issued after March 1, 1995 that were approved by
14referendum; (e) made for any taxing district to pay interest or
15principal on revenue bonds issued before March 1, 1995 for
16payment of which a property tax levy or the full faith and
17credit of the unit of local government is pledged; however, a
18tax for the payment of interest or principal on those bonds
19shall be made only after the governing body of the unit of
20local government finds that all other sources for payment are
21insufficient to make those payments; (f) made for payments
22under a building commission lease when the lease payments are
23for the retirement of bonds issued by the commission before
24March 1, 1995 to pay for the building project; (g) made for
25payments due under installment contracts entered into before
26March 1, 1995; (h) made for payments of principal and interest

 

 

HB4224- 14 -LRB099 12507 HLH 35984 b

1on bonds issued under the Metropolitan Water Reclamation
2District Act to finance construction projects initiated before
3October 1, 1991; (h-4) made for stormwater management purposes
4by the Metropolitan Water Reclamation District of Greater
5Chicago under Section 12 of the Metropolitan Water Reclamation
6District Act; (i) made for payments of principal and interest
7on limited bonds, as defined in Section 3 of the Local
8Government Debt Reform Act, in an amount not to exceed the debt
9service extension base less the amount in items (b), (c), and
10(e) of this definition for non-referendum obligations, except
11obligations initially issued pursuant to referendum and bonds
12described in subsection (h) of this definition; (j) made for
13payments of principal and interest on bonds issued under
14Section 15 of the Local Government Debt Reform Act; (k) made
15for payments of principal and interest on bonds authorized by
16Public Act 88-503 and issued under Section 20a of the Chicago
17Park District Act for aquarium or museum projects; (l) made for
18payments of principal and interest on bonds authorized by
19Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
2021.2 of the Cook County Forest Preserve District Act, (ii)
21issued under Section 42 of the Cook County Forest Preserve
22District Act for zoological park projects, or (iii) issued
23under Section 44.1 of the Cook County Forest Preserve District
24Act for botanical gardens projects; (m) made pursuant to
25Section 34-53.5 of the School Code, whether levied annually or
26not; (n) made to fund expenses of providing joint recreational

 

 

HB4224- 15 -LRB099 12507 HLH 35984 b

1programs for the handicapped under Section 5-8 of the Park
2District Code or Section 11-95-14 of the Illinois Municipal
3Code; (o) made by the Chicago Park District for recreational
4programs for the handicapped under subsection (c) of Section
57.06 of the Chicago Park District Act; (p) made for
6contributions to a firefighter's pension fund created under
7Article 4 of the Illinois Pension Code, to the extent of the
8amount certified under item (5) of Section 4-134 of the
9Illinois Pension Code; and (q) made by Ford Heights School
10District 169 under Section 17-9.02 of the School Code.
11    "Aggregate extension" for all taxing districts to which
12this Law applies in accordance with Section 18-213, except for
13those taxing districts subject to paragraph (2) of subsection
14(e) of Section 18-213, means the annual corporate extension for
15the taxing district and those special purpose extensions that
16are made annually for the taxing district, excluding special
17purpose extensions: (a) made for the taxing district to pay
18interest or principal on general obligation bonds that were
19approved by referendum; (b) made for any taxing district to pay
20interest or principal on general obligation bonds issued before
21the date on which the referendum making this Law applicable to
22the taxing district is held; (c) made for any taxing district
23to pay interest or principal on bonds issued to refund or
24continue to refund those bonds issued before the date on which
25the referendum making this Law applicable to the taxing
26district is held; (d) made for any taxing district to pay

 

 

HB4224- 16 -LRB099 12507 HLH 35984 b

1interest or principal on bonds issued to refund or continue to
2refund bonds issued after the date on which the referendum
3making this Law applicable to the taxing district is held if
4the bonds were approved by referendum after the date on which
5the referendum making this Law applicable to the taxing
6district is held; (e) made for any taxing district to pay
7interest or principal on revenue bonds issued before the date
8on which the referendum making this Law applicable to the
9taxing district is held for payment of which a property tax
10levy or the full faith and credit of the unit of local
11government is pledged; however, a tax for the payment of
12interest or principal on those bonds shall be made only after
13the governing body of the unit of local government finds that
14all other sources for payment are insufficient to make those
15payments; (f) made for payments under a building commission
16lease when the lease payments are for the retirement of bonds
17issued by the commission before the date on which the
18referendum making this Law applicable to the taxing district is
19held to pay for the building project; (g) made for payments due
20under installment contracts entered into before the date on
21which the referendum making this Law applicable to the taxing
22district is held; (h) made for payments of principal and
23interest on limited bonds, as defined in Section 3 of the Local
24Government Debt Reform Act, in an amount not to exceed the debt
25service extension base less the amount in items (b), (c), and
26(e) of this definition for non-referendum obligations, except

 

 

HB4224- 17 -LRB099 12507 HLH 35984 b

1obligations initially issued pursuant to referendum; (i) made
2for payments of principal and interest on bonds issued under
3Section 15 of the Local Government Debt Reform Act; (j) made
4for a qualified airport authority to pay interest or principal
5on general obligation bonds issued for the purpose of paying
6obligations due under, or financing airport facilities
7required to be acquired, constructed, installed or equipped
8pursuant to, contracts entered into before March 1, 1996 (but
9not including any amendments to such a contract taking effect
10on or after that date); (k) made to fund expenses of providing
11joint recreational programs for the handicapped under Section
125-8 of the Park District Code or Section 11-95-14 of the
13Illinois Municipal Code; (l) made for contributions to a
14firefighter's pension fund created under Article 4 of the
15Illinois Pension Code, to the extent of the amount certified
16under item (5) of Section 4-134 of the Illinois Pension Code;
17and (m) made for the taxing district to pay interest or
18principal on general obligation bonds issued pursuant to
19Section 19-3.10 of the School Code.
20    "Aggregate extension" for all taxing districts to which
21this Law applies in accordance with paragraph (2) of subsection
22(e) of Section 18-213 or this amendatory Act of the 99th
23General Assembly means the annual corporate extension for the
24taxing district and those special purpose extensions that are
25made annually for the taxing district, excluding special
26purpose extensions: (a) made for the taxing district to pay

 

 

HB4224- 18 -LRB099 12507 HLH 35984 b

1interest or principal on general obligation bonds that were
2approved by referendum; (b) made for any taxing district to pay
3interest or principal on general obligation bonds issued before
4the effective date of this amendatory Act of 1997; (c) made for
5any taxing district to pay interest or principal on bonds
6issued to refund or continue to refund those bonds issued
7before the effective date of this amendatory Act of 1997; (d)
8made for any taxing district to pay interest or principal on
9bonds issued to refund or continue to refund bonds issued after
10the effective date of this amendatory Act of 1997 if the bonds
11were approved by referendum after the effective date of this
12amendatory Act of 1997; (e) made for any taxing district to pay
13interest or principal on revenue bonds issued before the
14effective date of this amendatory Act of 1997 for payment of
15which a property tax levy or the full faith and credit of the
16unit of local government is pledged; however, a tax for the
17payment of interest or principal on those bonds shall be made
18only after the governing body of the unit of local government
19finds that all other sources for payment are insufficient to
20make those payments; (f) made for payments under a building
21commission lease when the lease payments are for the retirement
22of bonds issued by the commission before the effective date of
23this amendatory Act of 1997 to pay for the building project;
24(g) made for payments due under installment contracts entered
25into before the effective date of this amendatory Act of 1997;
26(h) made for payments of principal and interest on limited

 

 

HB4224- 19 -LRB099 12507 HLH 35984 b

1bonds, as defined in Section 3 of the Local Government Debt
2Reform Act, in an amount not to exceed the debt service
3extension base less the amount in items (b), (c), and (e) of
4this definition for non-referendum obligations, except
5obligations initially issued pursuant to referendum; (i) made
6for payments of principal and interest on bonds issued under
7Section 15 of the Local Government Debt Reform Act; (j) made
8for a qualified airport authority to pay interest or principal
9on general obligation bonds issued for the purpose of paying
10obligations due under, or financing airport facilities
11required to be acquired, constructed, installed or equipped
12pursuant to, contracts entered into before March 1, 1996 (but
13not including any amendments to such a contract taking effect
14on or after that date); (k) made to fund expenses of providing
15joint recreational programs for the handicapped under Section
165-8 of the Park District Code or Section 11-95-14 of the
17Illinois Municipal Code; and (l) made for contributions to a
18firefighter's pension fund created under Article 4 of the
19Illinois Pension Code, to the extent of the amount certified
20under item (5) of Section 4-134 of the Illinois Pension Code.
21    "Debt service extension base" means an amount equal to that
22portion of the extension for a taxing district for the 1994
23levy year, or for those taxing districts subject to this Law in
24accordance with Section 18-213, except for those subject to
25paragraph (2) of subsection (e) of Section 18-213, for the levy
26year in which the referendum making this Law applicable to the

 

 

HB4224- 20 -LRB099 12507 HLH 35984 b

1taxing district is held, or for those taxing districts subject
2to this Law in accordance with paragraph (2) of subsection (e)
3of Section 18-213 for the 1996 levy year, constituting an
4extension for payment of principal and interest on bonds issued
5by the taxing district without referendum, but not including
6excluded non-referendum bonds. For park districts (i) that were
7first subject to this Law in 1991 or 1995 and (ii) whose
8extension for the 1994 levy year for the payment of principal
9and interest on bonds issued by the park district without
10referendum (but not including excluded non-referendum bonds)
11was less than 51% of the amount for the 1991 levy year
12constituting an extension for payment of principal and interest
13on bonds issued by the park district without referendum (but
14not including excluded non-referendum bonds), "debt service
15extension base" means an amount equal to that portion of the
16extension for the 1991 levy year constituting an extension for
17payment of principal and interest on bonds issued by the park
18district without referendum (but not including excluded
19non-referendum bonds). A debt service extension base
20established or increased at any time pursuant to any provision
21of this Law, except Section 18-212, shall be increased each
22year commencing with the later of (i) the 2009 levy year or
23(ii) the first levy year in which this Law becomes applicable
24to the taxing district, by the lesser of 5% or the percentage
25increase in the Consumer Price Index during the 12-month
26calendar year preceding the levy year. The debt service

 

 

HB4224- 21 -LRB099 12507 HLH 35984 b

1extension base may be established or increased as provided
2under Section 18-212. "Excluded non-referendum bonds" means
3(i) bonds authorized by Public Act 88-503 and issued under
4Section 20a of the Chicago Park District Act for aquarium and
5museum projects; (ii) bonds issued under Section 15 of the
6Local Government Debt Reform Act; or (iii) refunding
7obligations issued to refund or to continue to refund
8obligations initially issued pursuant to referendum.
9    "Special purpose extensions" include, but are not limited
10to, extensions for levies made on an annual basis for
11unemployment and workers' compensation, self-insurance,
12contributions to pension plans, and extensions made pursuant to
13Section 6-601 of the Illinois Highway Code for a road
14district's permanent road fund whether levied annually or not.
15The extension for a special service area is not included in the
16aggregate extension.
17    "Aggregate extension base" means the taxing district's
18last preceding aggregate extension as adjusted under Sections
1918-135, 18-215, and 18-230. An adjustment under Section 18-135
20shall be made for the 2007 levy year and all subsequent levy
21years whenever one or more counties within which a taxing
22district is located (i) used estimated valuations or rates when
23extending taxes in the taxing district for the last preceding
24levy year that resulted in the over or under extension of
25taxes, or (ii) increased or decreased the tax extension for the
26last preceding levy year as required by Section 18-135(c).

 

 

HB4224- 22 -LRB099 12507 HLH 35984 b

1Whenever an adjustment is required under Section 18-135, the
2aggregate extension base of the taxing district shall be equal
3to the amount that the aggregate extension of the taxing
4district would have been for the last preceding levy year if
5either or both (i) actual, rather than estimated, valuations or
6rates had been used to calculate the extension of taxes for the
7last levy year, or (ii) the tax extension for the last
8preceding levy year had not been adjusted as required by
9subsection (c) of Section 18-135.
10    Notwithstanding any other provision of law, for levy year
112012, the aggregate extension base for West Northfield School
12District No. 31 in Cook County shall be $12,654,592.
13    "Levy year" has the same meaning as "year" under Section
141-155.
15    "New property" means (i) the assessed value, after final
16board of review or board of appeals action, of new improvements
17or additions to existing improvements on any parcel of real
18property that increase the assessed value of that real property
19during the levy year multiplied by the equalization factor
20issued by the Department under Section 17-30, (ii) the assessed
21value, after final board of review or board of appeals action,
22of real property not exempt from real estate taxation, which
23real property was exempt from real estate taxation for any
24portion of the immediately preceding levy year, multiplied by
25the equalization factor issued by the Department under Section
2617-30, including the assessed value, upon final stabilization

 

 

HB4224- 23 -LRB099 12507 HLH 35984 b

1of occupancy after new construction is complete, of any real
2property located within the boundaries of an otherwise or
3previously exempt military reservation that is intended for
4residential use and owned by or leased to a private corporation
5or other entity, (iii) in counties that classify in accordance
6with Section 4 of Article IX of the Illinois Constitution, an
7incentive property's additional assessed value resulting from
8a scheduled increase in the level of assessment as applied to
9the first year final board of review market value, and (iv) any
10increase in assessed value due to oil or gas production from an
11oil or gas well required to be permitted under the Hydraulic
12Fracturing Regulatory Act that was not produced in or accounted
13for during the previous levy year. In addition, the county
14clerk in a county containing a population of 3,000,000 or more
15shall include in the 1997 recovered tax increment value for any
16school district, any recovered tax increment value that was
17applicable to the 1995 tax year calculations.
18    "Qualified airport authority" means an airport authority
19organized under the Airport Authorities Act and located in a
20county bordering on the State of Wisconsin and having a
21population in excess of 200,000 and not greater than 500,000.
22    "Recovered tax increment value" means, except as otherwise
23provided in this paragraph, the amount of the current year's
24equalized assessed value, in the first year after a
25municipality terminates the designation of an area as a
26redevelopment project area previously established under the

 

 

HB4224- 24 -LRB099 12507 HLH 35984 b

1Tax Increment Allocation Development Act in the Illinois
2Municipal Code, previously established under the Industrial
3Jobs Recovery Law in the Illinois Municipal Code, previously
4established under the Economic Development Project Area Tax
5Increment Act of 1995, or previously established under the
6Economic Development Area Tax Increment Allocation Act, of each
7taxable lot, block, tract, or parcel of real property in the
8redevelopment project area over and above the initial equalized
9assessed value of each property in the redevelopment project
10area. For the taxes which are extended for the 1997 levy year,
11the recovered tax increment value for a non-home rule taxing
12district that first became subject to this Law for the 1995
13levy year because a majority of its 1994 equalized assessed
14value was in an affected county or counties shall be increased
15if a municipality terminated the designation of an area in 1993
16as a redevelopment project area previously established under
17the Tax Increment Allocation Development Act in the Illinois
18Municipal Code, previously established under the Industrial
19Jobs Recovery Law in the Illinois Municipal Code, or previously
20established under the Economic Development Area Tax Increment
21Allocation Act, by an amount equal to the 1994 equalized
22assessed value of each taxable lot, block, tract, or parcel of
23real property in the redevelopment project area over and above
24the initial equalized assessed value of each property in the
25redevelopment project area. In the first year after a
26municipality removes a taxable lot, block, tract, or parcel of

 

 

HB4224- 25 -LRB099 12507 HLH 35984 b

1real property from a redevelopment project area established
2under the Tax Increment Allocation Development Act in the
3Illinois Municipal Code, the Industrial Jobs Recovery Law in
4the Illinois Municipal Code, or the Economic Development Area
5Tax Increment Allocation Act, "recovered tax increment value"
6means the amount of the current year's equalized assessed value
7of each taxable lot, block, tract, or parcel of real property
8removed from the redevelopment project area over and above the
9initial equalized assessed value of that real property before
10removal from the redevelopment project area.
11    Except as otherwise provided in this Section, "limiting
12rate" means a fraction the numerator of which is the last
13preceding aggregate extension base times an amount equal to one
14plus the extension limitation defined in this Section and the
15denominator of which is the current year's equalized assessed
16value of all real property in the territory under the
17jurisdiction of the taxing district during the prior levy year.
18For those taxing districts that reduced their aggregate
19extension for the last preceding levy year, the highest
20aggregate extension in any of the last 3 preceding levy years
21shall be used for the purpose of computing the limiting rate.
22The denominator shall not include new property or the recovered
23tax increment value. If a new rate, a rate decrease, or a
24limiting rate increase has been approved at an election held
25after March 21, 2006, then (i) the otherwise applicable
26limiting rate shall be increased by the amount of the new rate

 

 

HB4224- 26 -LRB099 12507 HLH 35984 b

1or shall be reduced by the amount of the rate decrease, as the
2case may be, or (ii) in the case of a limiting rate increase,
3the limiting rate shall be equal to the rate set forth in the
4proposition approved by the voters for each of the years
5specified in the proposition, after which the limiting rate of
6the taxing district shall be calculated as otherwise provided.
7In the case of a taxing district that obtained referendum
8approval for an increased limiting rate on March 20, 2012, the
9limiting rate for tax year 2012 shall be the rate that
10generates the approximate total amount of taxes extendable for
11that tax year, as set forth in the proposition approved by the
12voters; this rate shall be the final rate applied by the county
13clerk for the aggregate of all capped funds of the district for
14tax year 2012.
15(Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6,
16eff. 3-29-13; 98-23, eff. 6-17-13.)
 
17    (35 ILCS 200/18-205)
18    Sec. 18-205. Referendum to increase the extension
19limitation. A taxing district is limited to an extension
20limitation as defined in Section 18-185 of 5% or the percentage
21increase in the Consumer Price Index during the 12-month
22calendar year preceding the levy year, whichever is less. A
23taxing district may increase its extension limitation for one
24or more levy years if that taxing district holds a referendum
25before the levy date for the first levy year at which a

 

 

HB4224- 27 -LRB099 12507 HLH 35984 b

1majority of voters voting on the issue approves adoption of a
2higher extension limitation. Referenda shall be conducted at a
3regularly scheduled election in accordance with the Election
4Code. For referenda to increase the extension limitation for
5levy years prior to 2016, the The question shall be presented
6in substantially the following manner for all elections held
7after March 21, 2006:
8        Shall the extension limitation under the Property Tax
9    Extension Limitation Law for (insert the legal name,
10    number, if any, and county or counties of the taxing
11    district and geographic or other common name by which a
12    school or community college district is known and referred
13    to), Illinois, be increased from the lesser of 5% or the
14    percentage increase in the Consumer Price Index over the
15    prior levy year to (insert the percentage of the proposed
16    increase)% per year for (insert each levy year for which
17    the increased extension limitation will apply)?
18    For referenda to increase the extension limitation for levy
19year 2016 and thereafter, the question shall be presented in
20substantially the following manner:
21        Shall the extension limitation under the Property Tax
22    Extension Limitation Law for (insert the legal name,
23    number, if any, and county or counties of the taxing
24    district and geographic or other common name by which a
25    school or community college district is known and referred
26    to), Illinois, be increased from 0% to (insert the

 

 

HB4224- 28 -LRB099 12507 HLH 35984 b

1    percentage of the proposed increase)% per year for (insert
2    each levy year for which the increased extension limitation
3    will apply)?
4The votes must be recorded as "Yes" or "No".
5If a majority of voters voting on the issue approves the
6adoption of the increase, the increase shall be applicable for
7each levy year specified.
8    The ballot for any question submitted pursuant to this
9Section shall have printed thereon, but not as a part of the
10question submitted, only the following supplemental
11information (which shall be supplied to the election authority
12by the taxing district) in substantially the following form:
13        (1) For the (insert the first levy year for which the
14    increased extension limitation will be applicable) levy
15    year the approximate amount of the additional tax
16    extendable against property containing a single family
17    residence and having a fair market value at the time of the
18    referendum of $100,000 is estimated to be $....
19        (2) Based upon an average annual percentage increase
20    (or decrease) in the market value of such property of ...%
21    (insert percentage equal to the average annual percentage
22    increase or decrease for the prior 3 levy years, at the
23    time the submission of the question is initiated by the
24    taxing district, in the amount of (A) the equalized
25    assessed value of the taxable property in the taxing
26    district less (B) the new property included in the

 

 

HB4224- 29 -LRB099 12507 HLH 35984 b

1    equalized assessed value), the approximate amount of the
2    additional tax extendable against such property for the ...
3    levy year is estimated to be $... and for the ... levy year
4    is estimated to be $....
5    Paragraph (2) shall be included only if the increased
6extension limitation will be applicable for more than one year
7and shall list each levy year for which the increased extension
8limitation will be applicable. The additional tax shown for
9each levy year shall be the approximate dollar amount of the
10increase over the amount of the most recently completed
11extension at the time the submission of the question is
12initiated by the taxing district. The approximate amount of the
13additional tax extendable shown in paragraphs (1) and (2) shall
14be calculated by multiplying $100,000 (the fair market value of
15the property without regard to any property tax exemptions) by
16(i) the percentage level of assessment prescribed for that
17property by statute, or by ordinance of the county board in
18counties that classify property for purposes of taxation in
19accordance with Section 4 of Article IX of the Illinois
20Constitution; (ii) the most recent final equalization factor
21certified to the county clerk by the Department of Revenue at
22the time the taxing district initiates the submission of the
23proposition to the electors; (iii) the last known aggregate
24extension base of the taxing district at the time the
25submission of the question is initiated by the taxing district;
26and (iv) the difference between the percentage increase

 

 

HB4224- 30 -LRB099 12507 HLH 35984 b

1proposed in the question and (A) the lesser of 5% or the
2percentage increase in the Consumer Price Index for the prior
3levy year (or an estimate of the percentage increase for the
4prior levy year if the increase is unavailable at the time the
5submission of the question is initiated by the taxing district)
6or (B) 0%, as applicable; and dividing the result by the last
7known equalized assessed value of the taxing district at the
8time the submission of the question is initiated by the taxing
9district. This amendatory Act of the 97th General Assembly is
10intended to clarify the existing requirements of this Section,
11and shall not be construed to validate any prior non-compliant
12referendum language. Any notice required to be published in
13connection with the submission of the question shall also
14contain this supplemental information and shall not contain any
15other supplemental information. Any error, miscalculation, or
16inaccuracy in computing any amount set forth on the ballot or
17in the notice that is not deliberate shall not invalidate or
18affect the validity of any proposition approved. Notice of the
19referendum shall be published and posted as otherwise required
20by law, and the submission of the question shall be initiated
21as provided by law.
22(Source: P.A. 97-1087, eff. 8-24-12.)
 
23    (35 ILCS 200/18-213)
24    Sec. 18-213. Referenda on applicability of the Property Tax
25Extension Limitation Law.

 

 

HB4224- 31 -LRB099 12507 HLH 35984 b

1    (a) The provisions of this Section do not apply to a taxing
2district subject to this Law because a majority of its 1990
3equalized assessed value is in a county or counties contiguous
4to a county of 3,000,000 or more inhabitants, or because a
5majority of its 1994 equalized assessed value is in an affected
6county and the taxing district was not subject to this Law
7before the 1995 levy year.
8    (b) Prior to levy year 2016, the The county board of a
9county that is not subject to this Law may, by ordinance or
10resolution, submit to the voters of the county the question of
11whether to make all non-home rule taxing districts that have
12all or a portion of their equalized assessed valuation situated
13in the county subject to this Law in the manner set forth in
14this Section.
15    For purposes of this Section only:
16    "Taxing district" has the same meaning provided in Section
171-150.
18    "Equalized assessed valuation" means the equalized
19assessed valuation for a taxing district for the immediately
20preceding levy year.
21    (c) The ordinance or resolution shall request the
22submission of the proposition at any election, except a
23consolidated primary election, for the purpose of voting for or
24against making the Property Tax Extension Limitation Law
25applicable to all non-home rule taxing districts that have all
26or a portion of their equalized assessed valuation situated in

 

 

HB4224- 32 -LRB099 12507 HLH 35984 b

1the county.
2    The question shall be placed on a separate ballot and shall
3be in substantially the following form:
4        Shall the Property Tax Extension Limitation Law (35
5    ILCS 200/18-185 through 18-245), which limits annual
6    property tax extension increases, apply to non-home rule
7    taxing districts with all or a portion of their equalized
8    assessed valuation located in (name of county)?
9Votes on the question shall be recorded as "yes" or "no".
10    (d) The county clerk shall order the proposition submitted
11to the electors of the county at the election specified in the
12ordinance or resolution. If part of the county is under the
13jurisdiction of a board or boards of election commissioners,
14the county clerk shall submit a certified copy of the ordinance
15or resolution to each board of election commissioners, which
16shall order the proposition submitted to the electors of the
17taxing district within its jurisdiction at the election
18specified in the ordinance or resolution.
19    (e) (1) With respect to taxing districts having all of
20    their equalized assessed valuation located in the county,
21    if a majority of the votes cast on the proposition are in
22    favor of the proposition, then this Law becomes applicable
23    to the taxing district beginning on January 1 of the year
24    following the date of the referendum.
25        (2) With respect to taxing districts that meet all the
26    following conditions this Law shall become applicable to

 

 

HB4224- 33 -LRB099 12507 HLH 35984 b

1    the taxing district beginning on January 1, 1997. The
2    districts to which this paragraph (2) is applicable
3            (A) do not have all of their equalized assessed
4        valuation located in a single county,
5            (B) have equalized assessed valuation in an
6        affected county,
7            (C) meet the condition that each county, other than
8        an affected county, in which any of the equalized
9        assessed valuation of the taxing district is located
10        has held a referendum under this Section at any
11        election, except a consolidated primary election, held
12        prior to the effective date of this amendatory Act of
13        1997, and
14            (D) have a majority of the district's equalized
15        assessed valuation located in one or more counties in
16        each of which the voters have approved a referendum
17        under this Section prior to the effective date of this
18        amendatory Act of 1997. For purposes of this Section,
19        in determining whether a majority of the equalized
20        assessed valuation of the taxing district is located in
21        one or more counties in which the voters have approved
22        a referendum under this Section, the equalized
23        assessed valuation of the taxing district in any
24        affected county shall be included with the equalized
25        assessed value of the taxing district in counties in
26        which the voters have approved the referendum.

 

 

HB4224- 34 -LRB099 12507 HLH 35984 b

1        (3) With respect to taxing districts that do not have
2    all of their equalized assessed valuation located in a
3    single county and to which paragraph (2) of subsection (e)
4    is not applicable, if each county other than an affected
5    county in which any of the equalized assessed valuation of
6    the taxing district is located has held a referendum under
7    this Section at any election, except a consolidated primary
8    election, held in any year and if a majority of the
9    equalized assessed valuation of the taxing district is
10    located in one or more counties that have each approved a
11    referendum under this Section, then this Law shall become
12    applicable to the taxing district on January 1 of the year
13    following the year in which the last referendum in a county
14    in which the taxing district has any equalized assessed
15    valuation is held. For the purposes of this Law, the last
16    referendum shall be deemed to be the referendum making this
17    Law applicable to the taxing district. For purposes of this
18    Section, in determining whether a majority of the equalized
19    assessed valuation of the taxing district is located in one
20    or more counties that have approved a referendum under this
21    Section, the equalized assessed valuation of the taxing
22    district in any affected county shall be included with the
23    equalized assessed value of the taxing district in counties
24    that have approved the referendum.
25    (f) Immediately after a referendum is held under this
26Section, the county clerk of the county holding the referendum

 

 

HB4224- 35 -LRB099 12507 HLH 35984 b

1shall give notice of the referendum having been held and its
2results to all taxing districts that have all or a portion of
3their equalized assessed valuation located in the county, the
4county clerk of any other county in which any of the equalized
5assessed valuation of any taxing district is located, and the
6Department of Revenue. After the last referendum affecting a
7multi-county taxing district is held, the Department of Revenue
8shall determine whether the taxing district is subject to this
9Law and, if so, shall notify the taxing district and the county
10clerks of all of the counties in which a portion of the
11equalized assessed valuation of the taxing district is located
12that, beginning the following January 1, the taxing district is
13subject to this Law. For each taxing district subject to
14paragraph (2) of subsection (e) of this Section, the Department
15of Revenue shall notify the taxing district and the county
16clerks of all of the counties in which a portion of the
17equalized assessed valuation of the taxing district is located
18that, beginning January 1, 1997, the taxing district is subject
19to this Law.
20    (g) Referenda held under this Section shall be conducted in
21accordance with the Election Code.
22(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
 
23    (35 ILCS 200/18-214)
24    Sec. 18-214. Referenda on removal of the applicability of
25the Property Tax Extension Limitation Law to non-home rule

 

 

HB4224- 36 -LRB099 12507 HLH 35984 b

1taxing districts.
2    (a) The provisions of this Section do not apply to a taxing
3district that is subject to this Law because a majority of its
41990 equalized assessed value is in a county or counties
5contiguous to a county of 3,000,000 or more inhabitants, or
6because a majority of its 1994 equalized assessed value is in
7an affected county and the taxing district was not subject to
8this Law before the 1995 levy year.
9    (b) For purposes of this Section only:
10    "Taxing district" means any non-home rule taxing district
11that became subject to this Law under Section 18-213 of this
12Law.
13    "Equalized assessed valuation" means the equalized
14assessed valuation for a taxing district for the immediately
15preceding levy year.
16    (c) The county board of a county that became subject to
17this Law by a referendum approved by the voters of the county
18under Section 18-213 may, by ordinance or resolution, in the
19manner set forth in this Section, submit to the voters of the
20county the question of whether this Law applies to all non-home
21rule taxing districts that have all or a portion of their
22equalized assessed valuation situated in the county in the
23manner set forth in this Section.
24    (d) The ordinance or resolution shall request the
25submission of the proposition at any election, except a
26consolidated primary election, for the purpose of voting for or

 

 

HB4224- 37 -LRB099 12507 HLH 35984 b

1against the continued application of the Property Tax Extension
2Limitation Law to all non-home rule taxing districts that have
3all or a portion of their equalized assessed valuation situated
4in the county.
5    The question shall be placed on a separate ballot and shall
6be in substantially the following form:
7        Shall the Property Tax Extension Limitation Law (35
8    ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
9    annual property tax extension increases, apply to non-home
10    rule taxing districts with all or a portion of their
11    equalized assessed valuation located in (name of county)?
12Votes on the question shall be recorded as "yes" or "no".
13    (e) The county clerk shall order the proposition submitted
14to the electors of the county at the election specified in the
15ordinance or resolution. If part of the county is under the
16jurisdiction of a board or boards of election commissioners,
17the county clerk shall submit a certified copy of the ordinance
18or resolution to each board of election commissioners, which
19shall order the proposition submitted to the electors of the
20taxing district within its jurisdiction at the election
21specified in the ordinance or resolution.
22    (f) With respect to taxing districts having all of their
23equalized assessed valuation located in one county, if a
24majority of the votes cast on the proposition are against the
25proposition, then this Law shall not apply to the taxing
26district beginning on January 1 of the year following the date

 

 

HB4224- 38 -LRB099 12507 HLH 35984 b

1of the referendum.
2    (g) With respect to taxing districts that do not have all
3of their equalized assessed valuation located in a single
4county, if both of the following conditions are met, then this
5Law shall no longer apply to the taxing district beginning on
6January 1 of the year following the date of the referendum.
7        (1) Each county in which the district has any equalized
8    assessed valuation must either, (i) have held a referendum
9    under this Section, (ii) be an affected county, or (iii)
10    have held a referendum under Section 18-213 at which the
11    voters rejected the proposition at the most recent election
12    at which the question was on the ballot in the county.
13        (2) The majority of the equalized assessed valuation of
14    the taxing district, other than any equalized assessed
15    valuation in an affected county, is in one or more counties
16    in which the voters rejected the proposition. For purposes
17    of this Section, in determining whether a majority of the
18    equalized assessed valuation of the taxing district is
19    located in one or more counties in which the voters have
20    rejected the proposition under this Section, the equalized
21    assessed valuation of any taxing district in a county which
22    has held a referendum under Section 18-213 at which the
23    voters rejected that proposition, at the most recent
24    election at which the question was on the ballot in the
25    county, will be included with the equalized assessed value
26    of the taxing district in counties in which the voters have

 

 

HB4224- 39 -LRB099 12507 HLH 35984 b

1    rejected the referendum held under this Section.
2    (h) Immediately after a referendum is held under this
3Section, the county clerk of the county holding the referendum
4shall give notice of the referendum having been held and its
5results to all taxing districts that have all or a portion of
6their equalized assessed valuation located in the county, the
7county clerk of any other county in which any of the equalized
8assessed valuation of any such taxing district is located, and
9the Department of Revenue. After the last referendum affecting
10a multi-county taxing district is held, the Department of
11Revenue shall determine whether the taxing district is no
12longer subject to this Law and, if the taxing district is no
13longer subject to this Law, the Department of Revenue shall
14notify the taxing district and the county clerks of all of the
15counties in which a portion of the equalized assessed valuation
16of the taxing district is located that, beginning on January 1
17of the year following the date of the last referendum, the
18taxing district is no longer subject to this Law.
19    (i) Notwithstanding any other provision of law, no
20referendum may be submitted under this Section for levy year
212016 or thereafter.
22(Source: P.A. 89-718, eff. 3-7-97.)
 
23    (35 ILCS 200/18-242 new)
24    Sec. 18-242. Home . This Division 5 is a limitation, under
25subsection (g) of Section 6 of Article VII of the Illinois

 

 

HB4224- 40 -LRB099 12507 HLH 35984 b

1Constitution, on the power of home rule units to tax.
 
2    Section 5-15. The Local Government Energy Conservation Act
3is amended by changing Section 3 as follows:
 
4    (50 ILCS 515/3)
5    Sec. 3. Applicable laws. Other State laws and related
6administrative requirements apply to this Act, including, but
7not limited to, the following laws and related administrative
8requirements: the Illinois Human Rights Act, the Prevailing
9Wage Act, the Public Construction Bond Act, the Public Works
10Preference Act (repealed on June 16, 2010 by Public Act
1196-929), the Employment of Illinois Workers on Public Works
12Act, the Freedom of Information Act, the Open Meetings Act, the
13Illinois Architecture Practice Act of 1989, the Professional
14Engineering Practice Act of 1989, the Structural Engineering
15Practice Act of 1989, the Local Government Professional
16Services Selection Act, and the Contractor Unified License and
17Permit Bond Act.
18(Source: P.A. 97-333, eff. 8-12-11.)
 
19    Section 5-20. The Local Government Facility Lease Act is
20amended by changing Section 35 as follows:
 
21    (50 ILCS 615/35)
22    Sec. 35. Wage requirements. In order to protect the wages,

 

 

HB4224- 41 -LRB099 12507 HLH 35984 b

1working conditions, and job opportunities of employees
2employed by the lessee of leased facility property used for
3airport purposes to perform work on the site of the leased
4premises previously performed by employees of the lessor on the
5site of the leased premises and who were in recognized
6bargaining units at the time of the lease, the lessee, and any
7subcontractor retained by the lessee to perform such work on
8the site of the leased premises, shall be required to pay to
9those employees an amount not less than the economic equivalent
10of the standard of wages and benefits enjoyed by the lessor's
11employees who previously performed that work. The lessor shall
12certify to the lessee the amount of wages and benefits (or
13their equivalent) as of the time of the lease, and any changes
14to those amounts as they may occur during the term of the
15lease. All projects at the leased facility property used for
16airport purposes shall be considered public works for purposes
17of the Prevailing Wage Act.
18(Source: P.A. 94-750, eff. 5-9-06.)
 
19    Section 5-25. The Counties Code is amended by changing
20Section 5-1134 as follows:
 
21    (55 ILCS 5/5-1134)
22    Sec. 5-1134. Project labor agreements.
23    (a) Any sports, arts, or entertainment facilities that
24receive revenue from a tax imposed under subsection (b) of

 

 

HB4224- 42 -LRB099 12507 HLH 35984 b

1Section 5-1030 of this Code shall be considered to be public
2works within the meaning of the Prevailing Wage Act. The county
3authorities responsible for the construction, renovation,
4modification, or alteration of the sports, arts, or
5entertainment facilities shall enter into project labor
6agreements with labor organizations as defined in the National
7Labor Relations Act to assure that no labor dispute interrupts
8or interferes with the construction, renovation, modification,
9or alteration of the projects.
10    (b) The project labor agreements must include the
11following:
12        (1) provisions establishing the minimum hourly wage
13    for each class of labor organization employees;
14        (2) provisions establishing the benefits and other
15    compensation for such class of labor organization; and
16        (3) provisions establishing that no strike or disputes
17    will be engaged in by the labor organization employees.
18    The county, taxing bodies, municipalities, and the labor
19organizations shall have the authority to include other terms
20and conditions as they deem necessary.
21    (c) The project labor agreement shall be filed with the
22Director of the Illinois Department of Labor in accordance with
23procedures established by the Department. At a minimum, the
24project labor agreement must provide the names, addresses, and
25occupations of the owner of the facilities and the individuals
26representing the labor organization employees participating in

 

 

HB4224- 43 -LRB099 12507 HLH 35984 b

1the project labor agreement. The agreement must also specify
2the terms and conditions required in subsection (b) of this
3Section.
4    (d) In any agreement for the construction or rehabilitation
5of a facility using revenue generated under subsection (b) of
6Section 5-1030 of this Code, in connection with the
7prequalification of general contractors for construction or
8rehabilitation of the facility, it shall be required that a
9commitment will be submitted detailing how the general
10contractor will expend 15% or more of the aggregate dollar
11value of the project as a whole with one or more minority-owned
12businesses, female-owned businesses, or businesses owned by a
13person with a disability, as these terms are defined in Section
142 of the Business Enterprise for Minorities, Females, and
15Persons with Disabilities Act.
16(Source: P.A. 98-313, eff. 8-12-13; 98-756, eff. 7-16-14.)
 
17    (60 ILCS 1/100-20 rep.)
18    Section 5-30. The Township Code is amended by repealing
19Section 100-20.
 
20    Section 5-35. The School Code is amended by changing
21Section 19b-15 as follows:
 
22    (105 ILCS 5/19b-15)
23    Sec. 19b-15. Applicable laws. Other State laws and related

 

 

HB4224- 44 -LRB099 12507 HLH 35984 b

1administrative requirements apply to this Article, including,
2but not limited to, the following laws and related
3administrative requirements: the Illinois Human Rights Act,
4the Prevailing Wage Act, the Public Construction Bond Act, the
5Public Works Preference Act (repealed on June 16, 2010 by
6Public Act 96-929), the Employment of Illinois Workers on
7Public Works Act, the Freedom of Information Act, the Open
8Meetings Act, the Illinois Architecture Practice Act of 1989,
9the Professional Engineering Practice Act of 1989, the
10Structural Engineering Practice Act of 1989, the Local
11Government Professional Services Selection Act, and the
12Contractor Unified License and Permit Bond Act.
13(Source: P.A. 97-333, eff. 8-12-11.)
 
14    Section 5-40. The Public Community College Act is amended
15by changing Section 1-3 as follows:
 
16    (110 ILCS 805/1-3)
17    Sec. 1-3. Applicable laws. Other State laws and related
18administrative requirements apply to this Act, including, but
19not limited to, the following laws and related administrative
20requirements: the Illinois Human Rights Act, the Prevailing
21Wage Act, the Public Construction Bond Act, the Employment of
22Illinois Workers on Public Works Act, the Freedom of
23Information Act, the Open Meetings Act, the Illinois
24Architecture Practice Act of 1989, the Professional

 

 

HB4224- 45 -LRB099 12507 HLH 35984 b

1Engineering Practice Act of 1989, the Structural Engineering
2Practice Act of 1989, the Local Government Professional
3Services Selection Act, and the Contractor Unified License and
4Permit Bond Act. The provisions of the Procurement of Domestic
5Products Act shall apply to this Act to the extent practicable,
6provided that the Procurement of Domestic Products Act must not
7be applied to this Act in a manner that is inconsistent with
8the requirements of this Act.
9(Source: P.A. 97-333, eff. 8-12-11; 97-1105, eff. 8-27-12.)
 
10    Section 5-45. The Illinois Educational Labor Relations Act
11is amended by changing Sections 4.5 and 7 and by adding Section
124.7 as follows:
 
13    (115 ILCS 5/4.5)
14    Sec. 4.5. Subjects of collective bargaining.
15    (a) Notwithstanding the existence of any other provision in
16this Act or other law, collective bargaining between an
17educational employer whose territorial boundaries are
18coterminous with those of a city having a population in excess
19of 500,000 and an exclusive representative of its employees may
20include any of the following subjects:
21        (1) (Blank).
22        (2) Decisions to contract with a third party for one or
23    more services otherwise performed by employees in a
24    bargaining unit and the procedures for obtaining such

 

 

HB4224- 46 -LRB099 12507 HLH 35984 b

1    contract or the identity of the third party, except as
2    provided in subsection (d).
3        (3) Decisions to layoff or reduce in force employees,
4    except as provided in subsection (d) with respect to a
5    layoff or reduction in force resulting from a service
6    contract.
7        (4) Decisions to determine class size, class staffing
8    and assignment, class schedules, academic calendar, length
9    of the work and school day with respect to a public school
10    district organized under Article 34 of the School Code
11    only, length of the work and school year with respect to a
12    public school district organized under Article 34 of the
13    School Code only, hours and places of instruction, or pupil
14    assessment policies.
15        (5) Decisions concerning use and staffing of
16    experimental or pilot programs and decisions concerning
17    use of technology to deliver educational programs and
18    services and staffing to provide the technology.
19    (b) The subject or matters described in subsection (a) are
20permissive subjects of bargaining between an educational
21employer and an exclusive representative of its employees and,
22for the purpose of this Act, are within the sole discretion of
23the educational employer to decide to bargain, provided that
24the educational employer is required to bargain over the impact
25of a decision concerning such subject or matter on the
26bargaining unit upon request by the exclusive representative.

 

 

HB4224- 47 -LRB099 12507 HLH 35984 b

1During this bargaining, the educational employer shall not be
2precluded from implementing its decision. If, after a
3reasonable period of bargaining, a dispute or impasse exists
4between the educational employer and the exclusive
5representative, the dispute or impasse shall be resolved
6exclusively as set forth in subsection (b) of Section 12 of
7this Act in lieu of a strike under Section 13 of this Act.
8Neither the Board nor any mediator or fact-finder appointed
9pursuant to subsection (a-10) of Section 12 of this Act shall
10have jurisdiction over such a dispute or impasse.
11    (c) A provision in a collective bargaining agreement that
12was rendered null and void because it involved a prohibited
13subject of collective bargaining under this subsection (c) as
14this subsection (c) existed before the effective date of this
15amendatory Act of the 93rd General Assembly remains null and
16void and shall not otherwise be reinstated in any successor
17agreement unless the educational employer and exclusive
18representative otherwise agree to include an agreement reached
19on a subject or matter described in subsection (a) of this
20Section as subsection (a) existed before this amendatory Act of
21the 93rd General Assembly.
22    (d) In any public school district to which this subsection
23applies, as provided in Section 4.7, public employees or a
24labor organization may not bargain collectively on:
25        (1) the decision of the educational employer to
26    contract with a third party for any services, the process

 

 

HB4224- 48 -LRB099 12507 HLH 35984 b

1    for bidding on such a contract, the identity of the
2    provider of such services, or the effect of any such
3    contract on bargaining unit members, provided that this
4    subsection does not limit the ability of educational
5    employees or a labor organization to bid on any such
6    contract;
7        (2) any pay increase, either through changes to the pay
8    schedule or as a result of accumulated years of service, in
9    excess of the amount specified by resolution of the
10    governing body of the public school district;
11        (3) the provision of any health insurance, including
12    the payment of premiums, the extent of coverage, or the
13    identity of the insurer;
14        (4) the use of educational employee time for business
15    of the labor organization, other than reasonable time
16    provided to an educational employee to attend a grievance
17    hearing when his or her rights are substantially affected
18    by the hearing or his or her testimony is needed for the
19    determination of any substantial factual question;
20        (5) required levels of staffing for departments,
21    divisions, shifts, stations, or assignments;
22        (6) procedures, processes, forms, and criteria for
23    personnel evaluations, or the use of evaluations or
24    seniority in assignments, promotions, layoffs, and
25    reductions-in-force; or
26        (7) curriculum or standards of student academic

 

 

HB4224- 49 -LRB099 12507 HLH 35984 b

1    performance, conduct, and discipline in school.
2    (e) If subsection (b) of Section 4 of the Illinois Public
3Labor Relations Act applies to a public school district,
4educational employees or a labor organization may not bargain
5collectively on the matters described in that subsection or on
6the matters described in paragraph (7) of subsection (d) of
7this Section.
8    (f) Any agreement, understanding, or practice, whether
9written or oral, and whether express or implied, between any
10labor organization and any educational employer made in
11violation of this Section is hereby declared to be unlawful,
12null and void, and of no legal effect.
13(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
 
14    (115 ILCS 5/4.7 new)
15    Sec. 4.7. Adoption of limitations on subjects of collective
16bargaining.
17    (a) The governing body of a public school district may by
18resolution prohibit elect to apply the limitations under
19subsection (d) of Section 4.5 to bargaining with that public
20school district.
21    (b) If a petition, signed by a number of registered voters
22equal in number to at least 5% of the total number of
23registered voters in a public school district, asking to apply
24the limitations under subsection (d) of Section 4.5 to that
25public school district is presented to the clerk of that public

 

 

HB4224- 50 -LRB099 12507 HLH 35984 b

1school district, the clerk shall certify the question of
2whether to apply such limitations to that public school
3district to the proper election authority, who shall submit the
4question at the next election in accordance with the general
5election law.
6    The question of whether to apply the limitations under
7subsection (d) of Section 4.5 shall be presented in
8substantially the following form:
9        Shall (the legal name of the public school district) be
10    free to determine certain matters without negotiating with
11    employee unions, such as the use of service providers, the
12    decision to provide health benefits, caps on total payroll,
13    employees' use of government time for union matters,
14    required staffing levels, evaluation procedures, and
15    curriculum?
16    The votes must be recorded as "Yes" or "No". If a majority
17of voters voting on the question are in favor of applying such
18limitations, subsection (d) of Section 4.5 shall apply to
19bargaining with that public school district.
 
20    (115 ILCS 5/7)  (from Ch. 48, par. 1707)
21    Sec. 7. Recognition of exclusive bargaining
22representatives - unit determination. The Board is empowered
23to administer the recognition of bargaining representatives of
24employees of public school districts, including employees of
25districts which have entered into joint agreements, or

 

 

HB4224- 51 -LRB099 12507 HLH 35984 b

1employees of public community college districts, or any State
2college or university, and any State agency whose major
3function is providing educational services, making certain
4that each bargaining unit contains employees with an
5identifiable community of interest and that no unit includes
6both professional employees and nonprofessional employees
7unless a majority of employees in each group vote for inclusion
8in the unit.
9    (a) In determining the appropriateness of a unit, the Board
10shall decide in each case, in order to ensure employees the
11fullest freedom in exercising the rights guaranteed by this
12Act, the unit appropriate for the purpose of collective
13bargaining, based upon but not limited to such factors as
14historical pattern of recognition, community of interest,
15including employee skills and functions, degree of functional
16integration, interchangeability and contact among employees,
17common supervision, wages, hours and other working conditions
18of the employees involved, and the desires of the employees.
19Nothing in this Act, except as herein provided, shall interfere
20with or negate the current representation rights or patterns
21and practices of employee organizations which have
22historically represented employees for the purposes of
23collective bargaining, including but not limited to the
24negotiations of wages, hours and working conditions,
25resolutions of employees' grievances, or resolution of
26jurisdictional disputes, or the establishment and maintenance

 

 

HB4224- 52 -LRB099 12507 HLH 35984 b

1of prevailing wage rates, unless a majority of the employees so
2represented expresses a contrary desire under the procedures
3set forth in this Act. This Section, however, does not prohibit
4multi-unit bargaining. Notwithstanding the above factors,
5where the majority of public employees of a craft so decide,
6the Board shall designate such craft as a unit appropriate for
7the purposes of collective bargaining.
8    The sole appropriate bargaining unit for tenured and
9tenure-track academic faculty at each campus of the University
10of Illinois shall be a unit that is comprised of
11non-supervisory academic faculty employed more than half-time
12and that includes all tenured and tenure-track faculty of that
13University campus employed by the board of trustees in all of
14the campus's undergraduate, graduate, and professional schools
15and degree and non-degree programs (with the exception of the
16college of medicine, the college of pharmacy, the college of
17dentistry, the college of law, and the college of veterinary
18medicine, each of which shall have its own separate unit),
19regardless of current or historical representation rights or
20patterns or the application of any other factors. Any decision,
21rule, or regulation promulgated by the Board to the contrary
22shall be null and void.
23    (b) An educational employer shall voluntarily recognize a
24labor organization for collective bargaining purposes if that
25organization appears to represent a majority of employees in
26the unit. The employer shall post notice of its intent to so

 

 

HB4224- 53 -LRB099 12507 HLH 35984 b

1recognize for a period of at least 20 school days on bulletin
2boards or other places used or reserved for employee notices.
3Thereafter, the employer, if satisfied as to the majority
4status of the employee organization, shall send written
5notification of such recognition to the Board for
6certification. Any dispute regarding the majority status of a
7labor organization shall be resolved by the Board which shall
8make the determination of majority status.
9    Within the 20 day notice period, however, any other
10interested employee organization may petition the Board to seek
11recognition as the exclusive representative of the unit in the
12manner specified by rules and regulations prescribed by the
13Board, if such interested employee organization has been
14designated by at least 15% of the employees in an appropriate
15bargaining unit which includes all or some of the employees in
16the unit intended to be recognized by the employer. In such
17event, the Board shall proceed with the petition in the same
18manner as provided in paragraph (c) of this Section.
19    (c) A labor organization may also gain recognition as the
20exclusive representative by an election of the employees in the
21unit. Petitions requesting an election may be filed with the
22Board:
23        (1) by an employee or group of employees or any labor
24    organizations acting on their behalf alleging and
25    presenting evidence that 30% or more of the employees in a
26    bargaining unit wish to be represented for collective

 

 

HB4224- 54 -LRB099 12507 HLH 35984 b

1    bargaining or that the labor organization which has been
2    acting as the exclusive bargaining representative is no
3    longer representative of a majority of the employees in the
4    unit; or
5        (2) by an employer alleging that one or more labor
6    organizations have presented a claim to be recognized as an
7    exclusive bargaining representative of a majority of the
8    employees in an appropriate unit and that it doubts the
9    majority status of any of the organizations or that it
10    doubts the majority status of an exclusive bargaining
11    representative.
12    The Board shall investigate the petition and if it has
13reasonable cause to suspect that a question of representation
14exists, it shall give notice and conduct a hearing. If it finds
15upon the record of the hearing that a question of
16representation exists, it shall direct an election, which shall
17be held no later than 90 days after the date the petition was
18filed. Nothing prohibits the waiving of hearings by the parties
19and the conduct of consent elections.
20    (c-5) The Board shall designate an exclusive
21representative for purposes of collective bargaining when the
22representative demonstrates a showing of majority interest by
23employees in the unit. If the parties to a dispute are without
24agreement on the means to ascertain the choice, if any, of
25employee organization as their representative, the Board shall
26ascertain the employees' choice of employee organization, on

 

 

HB4224- 55 -LRB099 12507 HLH 35984 b

1the basis of dues deduction authorization or other evidence,
2or, if necessary, by conducting an election. All evidence
3submitted by an employee organization to the Board to ascertain
4an employee's choice of an employee organization is
5confidential and shall not be submitted to the employer for
6review. The Board shall ascertain the employee's choice of
7employee organization within 120 days after the filing of the
8majority interest petition; however, the Board may extend time
9by an additional 60 days, upon its own motion or upon the
10motion of a party to the proceeding. If either party provides
11to the Board, before the designation of a representative, clear
12and convincing evidence that the dues deduction
13authorizations, and other evidence upon which the Board would
14otherwise rely to ascertain the employees' choice of
15representative, are fraudulent or were obtained through
16coercion, the Board shall promptly thereafter conduct an
17election. The Board shall also investigate and consider a
18party's allegations that the dues deduction authorizations and
19other evidence submitted in support of a designation of
20representative without an election were subsequently changed,
21altered, withdrawn, or withheld as a result of employer fraud,
22coercion, or any other unfair labor practice by the employer.
23If the Board determines that a labor organization would have
24had a majority interest but for an employer's fraud, coercion,
25or unfair labor practice, it shall designate the labor
26organization as an exclusive representative without conducting

 

 

HB4224- 56 -LRB099 12507 HLH 35984 b

1an election. If a hearing is necessary to resolve any issues of
2representation under this Section, the Board shall conclude its
3hearing process and issue a certification of the entire
4appropriate unit not later than 120 days after the date the
5petition was filed. The 120-day period may be extended one or
6more times by the agreement of all parties to a hearing to a
7date certain.
8    (c-6) A labor organization or an employer may file a unit
9clarification petition seeking to clarify an existing
10bargaining unit. The Board shall conclude its investigation,
11including any hearing process deemed necessary, and issue a
12certification of clarified unit or dismiss the petition not
13later than 120 days after the date the petition was filed. The
14120-day period may be extended one or more times by the
15agreement of all parties to a hearing to a date certain.
16    (d) An order of the Board dismissing a representation
17petition, determining and certifying that a labor organization
18has been fairly and freely chosen by a majority of employees in
19an appropriate bargaining unit, determining and certifying
20that a labor organization has not been fairly and freely chosen
21by a majority of employees in the bargaining unit or certifying
22a labor organization as the exclusive representative of
23employees in an appropriate bargaining unit because of a
24determination by the Board that the labor organization is the
25historical bargaining representative of employees in the
26bargaining unit, is a final order. Any person aggrieved by any

 

 

HB4224- 57 -LRB099 12507 HLH 35984 b

1such order issued on or after the effective date of this
2amendatory Act of 1987 may apply for and obtain judicial review
3in accordance with provisions of the Administrative Review Law,
4as now or hereafter amended, except that such review shall be
5afforded directly in the Appellate Court of a judicial district
6in which the Board maintains an office. Any direct appeal to
7the Appellate Court shall be filed within 35 days from the date
8that a copy of the decision sought to be reviewed was served
9upon the party affected by the decision.
10    No election may be conducted in any bargaining unit during
11the term of a collective bargaining agreement covering such
12unit or subdivision thereof, except the Board may direct an
13election after the filing of a petition between January 15 and
14March 1 of the final year of a collective bargaining agreement.
15Nothing in this Section prohibits the negotiation of a
16collective bargaining agreement covering a period not
17exceeding 3 years. A collective bargaining agreement of less
18than 3 years may be extended up to 3 years by the parties if the
19extension is agreed to in writing before the filing of a
20petition under this Section. In such case, the final year of
21the extension is the final year of the collective bargaining
22agreement. No election may be conducted in a bargaining unit,
23or subdivision thereof, in which a valid election has been held
24within the preceding 12 month period.
25(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 

 

 

HB4224- 58 -LRB099 12507 HLH 35984 b

1    Section 5-50. The Prevailing Wage Act is amended by
2changing Section 2 as follows:
 
3    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
4    Sec. 2. This Act applies to the wages of laborers,
5mechanics and other workers employed in any public works, as
6hereinafter defined, by any public body and to anyone under
7contracts for public works. This includes any maintenance,
8repair, assembly, or disassembly work performed on equipment
9whether owned, leased, or rented.
10    As used in this Act, unless the context indicates
11otherwise:
12    "Public works" means all fixed works constructed or
13demolished by any public body, or paid for wholly or in part
14out of public funds. "Public works" as defined herein includes
15all projects financed in whole or in part with bonds, grants,
16loans, or other funds made available by or through the State or
17any of its political subdivisions, including but not limited
18to: bonds issued under the Industrial Project Revenue Bond Act
19(Article 11, Division 74 of the Illinois Municipal Code), the
20Industrial Building Revenue Bond Act, the Illinois Finance
21Authority Act, the Illinois Sports Facilities Authority Act, or
22the Build Illinois Bond Act; loans or other funds made
23available pursuant to the Build Illinois Act; loans or other
24funds made available pursuant to the Riverfront Development
25Fund under Section 10-15 of the River Edge Redevelopment Zone

 

 

HB4224- 59 -LRB099 12507 HLH 35984 b

1Act; or funds from the Fund for Illinois' Future under Section
26z-47 of the State Finance Act, funds for school construction
3under Section 5 of the General Obligation Bond Act, funds
4authorized under Section 3 of the School Construction Bond Act,
5funds for school infrastructure under Section 6z-45 of the
6State Finance Act, and funds for transportation purposes under
7Section 4 of the General Obligation Bond Act. "Public works"
8also includes (i) all projects financed in whole or in part
9with funds from the Department of Commerce and Economic
10Opportunity under the Illinois Renewable Fuels Development
11Program Act for which there is no project labor agreement; (ii)
12all work performed pursuant to a public private agreement under
13the Public Private Agreements for the Illiana Expressway Act or
14the Public-Private Agreements for the South Suburban Airport
15Act; and (iii) all projects undertaken under a public-private
16agreement under the Public-Private Partnerships for
17Transportation Act. "Public works" also includes all projects
18at leased facility property used for airport purposes under
19Section 35 of the Local Government Facility Lease Act. "Public
20works" also includes the construction of a new wind power
21facility by a business designated as a High Impact Business
22under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
23"Public works" does not include work done directly by any
24public utility company, whether or not done under public
25supervision or direction, or paid for wholly or in part out of
26public funds. "Public works" also includes any corrective

 

 

HB4224- 60 -LRB099 12507 HLH 35984 b

1action performed pursuant to Title XVI of the Environmental
2Protection Act for which payment from the Underground Storage
3Tank Fund is requested. "Public works" does not include
4projects undertaken by the owner at an owner-occupied
5single-family residence or at an owner-occupied unit of a
6multi-family residence. "Public works" does not include work
7performed for soil and water conservation purposes on
8agricultural lands, whether or not done under public
9supervision or paid for wholly or in part out of public funds,
10done directly by an owner or person who has legal control of
11those lands.
12    "Public works" does not include work done or projects
13performed by or on behalf of a unit of local government or
14school district whether or not done under public supervision or
15paid for wholly or in part with public funds and whether or not
16owned by a unit of local government or a school district.
17    "Construction" means all work on public works involving
18laborers, workers or mechanics. This includes any maintenance,
19repair, assembly, or disassembly work performed on equipment
20whether owned, leased, or rented.
21    "Locality" means the county where the physical work upon
22public works is performed, except (1) that if there is not
23available in the county a sufficient number of competent
24skilled laborers, workers and mechanics to construct the public
25works efficiently and properly, "locality" includes any other
26county nearest the one in which the work or construction is to

 

 

HB4224- 61 -LRB099 12507 HLH 35984 b

1be performed and from which such persons may be obtained in
2sufficient numbers to perform the work and (2) that, with
3respect to contracts for highway work with the Department of
4Transportation of this State, "locality" may at the discretion
5of the Secretary of the Department of Transportation be
6construed to include two or more adjacent counties from which
7workers may be accessible for work on such construction.
8    "Public body" means the State or any officer, board or
9commission of the State or any political subdivision or
10department thereof, or any institution supported in whole or in
11part by public funds; "public body" does not, however, include
12a unit of local government or a school district , and includes
13every county, city, town, village, township, school district,
14irrigation, utility, reclamation improvement or other district
15and every other political subdivision, district or
16municipality of the state whether such political subdivision,
17municipality or district operates under a special charter or
18not.
19    The terms "general prevailing rate of hourly wages",
20"general prevailing rate of wages" or "prevailing rate of
21wages" when used in this Act mean the hourly cash wages plus
22annualized fringe benefits for training and apprenticeship
23programs approved by the U.S. Department of Labor, Bureau of
24Apprenticeship and Training, health and welfare, insurance,
25vacations and pensions paid generally, in the locality in which
26the work is being performed, to employees engaged in work of a

 

 

HB4224- 62 -LRB099 12507 HLH 35984 b

1similar character on public works.
2(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
398-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
47-16-14.)
 
5    Section 5-90. The State Mandates Act is amended by adding
6Section 8.39 as follows:
 
7    (30 ILCS 805/8.39 new)
8    Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
9of this Act, no reimbursement by the State is required for the
10implementation of any mandate created by this amendatory Act of
11the 99th General Assembly.

 

 

HB4224- 63 -LRB099 12507 HLH 35984 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 315/4from Ch. 48, par. 1604
4    5 ILCS 315/4.5 new
5    35 ILCS 200/18-185
6    35 ILCS 200/18-205
7    35 ILCS 200/18-213
8    35 ILCS 200/18-214
9    35 ILCS 200/18-242 new
10    50 ILCS 515/3
11    50 ILCS 615/35
12    55 ILCS 5/5-1134
13    60 ILCS 1/100-20 rep.
14    105 ILCS 5/19b-15
15    110 ILCS 805/1-3
16    115 ILCS 5/4.5
17    115 ILCS 5/4.7 new
18    115 ILCS 5/7from Ch. 48, par. 1707
19    820 ILCS 130/2from Ch. 48, par. 39s-2
20    30 ILCS 805/8.39 new