SB 83 — PUBLIC LABOR REL-WATER SYSTEM

SB0083 EngrossedEnrolled LRB097 03011 RLJ 43042 b AN ACT concerning local government.

SB0083 EngrossedEnrolled - 2 - LRB097 03011 RLJ 43042 b (d) "Craft employees" means skilled journeymen, crafts persons, and their apprentices and helpers.

(iv) recognized as the exclusive representative of personal care attendants or personal assistants under Executive Order 2003-8 prior to the effective SB0083 EngrossedEnrolled - 3 - LRB097 03011 RLJ 43042 b date of this amendatory Act of the 93rd General Assembly, and the organization shall be considered to be the exclusive representative of the personal care attendants or personal assistants as defined in this Section;

With respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Department of State Police, "exclusive representative" means the labor organization that has been (i) designated by the Board as the representative of a majority of peace officers or fire fighters in an appropriate bargaining unit in accordance with the procedures contained in this Act, (ii) historically recognized by the State of Illinois or any political subdivision of the State before January 1, 1986 (the effective date of this amendatory Act of 1985) as the exclusive representative by a majority of the peace officers or fire fighters in an appropriate bargaining unit, or (iii) after January 1, 1986 (the effective date of this amendatory Act of 1985) recognized by an employer upon evidence, acceptable to the Board, that the SB0083 EngrossedEnrolled - 4 - LRB097 03011 RLJ 43042 b labor organization has been designated as the exclusive representative by a majority of the peace officers or fire fighters in an appropriate bargaining unit.

Nothing in this subsection (g) shall preclude an employee from making voluntary political contributions in SB0083 EngrossedEnrolled - 5 - LRB097 03011 RLJ 43042 b conjunction with his or her fair share payment.

(h) "Governing body" means, in the case of the State, the State Panel of the Illinois Labor Relations Board, the Director of the Department of Central Management Services, and the SB0083 EngrossedEnrolled - 6 - LRB097 03011 RLJ 43042 b Director of the Department of Labor;

part-time police officers, special police officers, auxiliary police as defined by Section 3.1-30-20 of the Illinois Municipal Code, night watchmen, "merchant police", court security officers as defined by Section 3-6012.1 of the Counties Code, temporary employees, traffic guards or wardens, civilian parking meter and parking facilities personnel or other individuals specially appointed to aid or direct traffic at or near schools or public functions or to aid SB0083 EngrossedEnrolled - 7 - LRB097 03011 RLJ 43042 b in civil defense or disaster, parking enforcement employees who are not commissioned as peace officers and who are not armed and who are not routinely expected to effect arrests, parking lot attendants, clerks and dispatchers or other civilian employees of a police department who are not routinely expected to effect arrests, or elected officials.

and requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from apprenticeship or from training in the performance of SB0083 EngrossedEnrolled - 8 - LRB097 03011 RLJ 43042 b routine mental, manual, or physical processes;

commissioners and employees SB0083 EngrossedEnrolled - 9 - LRB097 03011 RLJ 43042 b of the Executive Ethics Commission;

Child and day care home providers shall not be considered SB0083 EngrossedEnrolled - 10 - LRB097 03011 RLJ 43042 b public employees for any purposes not specifically provided for in this amendatory Act of the 94th General Assembly, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits.

The State shall not be considered to be the employer of personal care attendants and personal SB0083 EngrossedEnrolled - 11 - LRB097 03011 RLJ 43042 b assistants for any purposes not specifically provided for in this amendatory Act of the 93rd General Assembly, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits.

"Public employer" or "employer" as used in this Act, however, does not mean and shall not include the General Assembly of the State of Illinois, the Executive Ethics Commission, the Offices of the Executive Inspectors General, the Legislative Ethics Commission, the Office of the Legislative Inspector General, the Office of the Auditor SB0083 EngrossedEnrolled - 12 - LRB097 03011 RLJ 43042 b General's Inspector General, and educational employers or employers as defined in the Illinois Educational Labor Relations Act, except with respect to a state university in its employment of firefighters and peace officers and except with respect to a school district in the employment of peace officers in its own police department in existence on the effective date of this amendatory Act of the 96th General Assembly.

(2) For court reporters employed by the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial circuits, a group consisting of the chief judges of those circuits, acting jointly by majority vote, is the public SB0083 EngrossedEnrolled - 13 - LRB097 03011 RLJ 43042 b employer and employer representative.

Except with respect to police employment, the term "supervisor" includes only those individuals who devote a SB0083 EngrossedEnrolled - 14 - LRB097 03011 RLJ 43042 b preponderance of their employment time to exercising that authority, State supervisors notwithstanding.

(s) (1) "Unit" means a class of jobs or positions that are held by employees whose collective interests may suitably SB0083 EngrossedEnrolled - 15 - LRB097 03011 RLJ 43042 b be represented by a labor organization for collective bargaining.

Notwithstanding any other provision of this Act, a bargaining unit, including a historical bargaining unit, containing sworn peace officers of the Department of Natural Resources (formerly designated the Department of SB0083 EngrossedEnrolled - 16 - LRB097 03011 RLJ 43042 b Conservation) shall contain no employees other than such sworn peace officers upon the effective date of this amendatory Act of 1990 or upon the expiration date of any collective bargaining agreement in effect upon the effective date of this amendatory Act of 1990 covering both such sworn peace officers and other employees.

(65 ILCS 5/11-124-5) SB0083 EngrossedEnrolled - 17 - LRB097 03011 RLJ 43042 b Sec.

SB0083 EngrossedEnrolled - 18 - LRB097 03011 RLJ 43042 b (c) If a water system that is owned by a public utility provides water to customers located in one or more municipalities and also to customers in an unincorporated area and if at least 70% of the customers of the system or portion thereof are located within the municipality or municipalities, then the system, or portion thereof as determined by the corporate authorities, may be acquired, using eminent domain or otherwise, by either a municipality under subsection (a) or an entity created by agreement between municipalities where at least 70% of the customers reside.

(d) In the case of acquisition by a municipality or municipalities or a public entity created by law to own or operate a water system under this Section, service and water supply must be provided to persons who are customers of the system on the effective date of this amendatory Act of the 94th SB0083 EngrossedEnrolled - 19 - LRB097 03011 RLJ 43042 b General Assembly without discrimination based on whether the customer is located within or outside of the boundaries of the acquiring municipality or municipalities or entity, and a supply contract existing on the effective date of this amendatory Act of the 94th General Assembly must be honored by an acquiring municipality, municipalities, or entity according to the terms so long as the agreement does not conflict with any other existing agreement.

Upon the passage of such a resolution, the municipality shall have the right to review and inspect all financial and other SB0083 EngrossedEnrolled - 20 - LRB097 03011 RLJ 43042 b records, and both corporeal and incorporeal assets of such utility related to the condition and the operation of the system or works, or part thereof, as part of the study and determination of feasibility of the proposed acquisition by purchase or exercise of the power of eminent domain, and the utility shall make knowledgeable persons who have access to all relevant facts and information regarding the subject system or works available to answer inquiries related to the study and determination.

Information requested that is not privileged or protected from discovery under the Illinois Code of Civil Procedure but is reasonably claimed to be proprietary, including, without limitation, information that constitutes trade secrets or information that involves system security concerns, shall be SB0083 EngrossedEnrolled - 21 - LRB097 03011 RLJ 43042 b provided, but shall not be considered a public record and shall be kept confidential by the municipality.

The municipality's right to inspect physical assets and records in connection with the purpose of this Section shall not be exercised with respect to any system more than one time SB0083 EngrossedEnrolled - 22 - LRB097 03011 RLJ 43042 b during a 5-year period, unless a substantial change in the size of the system or condition of the operating assets of the system has occurred since the previous inspection.

(i) This Section does not apply to any public utility company that, on January 1, 2006, supplied a total of 70,000 or fewer meter connections in the State unless and until (i) that public utility company receives approval from the Illinois Commerce Commission under Section 7-204 of the Public Utilities SB0083 EngrossedEnrolled - 23 - LRB097 03011 RLJ 43042 b Act for the reorganization of the public utility company or (ii) the majority control of the company changes through a stock sale, a sale of assets, a merger (other than an internal reorganization) or otherwise.