Rep. Jay Hoffman
Filed: 5/30/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1784




2 AMENDMENT NO. ______. Amend Senate Bill 1784 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be exempt 
9from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
 
 
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1 records received by the Experimental Organ Transplantation 
2 Procedures Board and any and all documents or other records 
3 prepared by the Experimental Organ Transplantation 
4 Procedures Board or its staff relating to applications it 
5 has received.
6  (d) Information and records held by the Department of 
7 Public Health and its authorized representatives relating 
8 to known or suspected cases of sexually transmissible 
9 disease or any information the disclosure of which is 
10 restricted under the Illinois Sexually Transmissible 
11 Disease Control Act.
12  (e) Information the disclosure of which is exempted 
13 under Section 30 of the Radon Industry Licensing Act.
14  (f) Firm performance evaluations under Section 55 of 
15 the Architectural, Engineering, and Land Surveying 
16 Qualifications Based Selection Act.
17  (g) Information the disclosure of which is restricted 
18 and exempted under Section 50 of the Illinois Prepaid 
19 Tuition Act.
20  (h) Information the disclosure of which is exempted 
21 under the State Officials and Employees Ethics Act, and 
22 records of any lawfully created State or local inspector 
23 general's office that would be exempt if created or 
24 obtained by an Executive Inspector General's office under 
25 that Act.
26  (i) Information contained in a local emergency energy 
 
 
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1 plan submitted to a municipality in accordance with a local 
2 emergency energy plan ordinance that is adopted under 
3 Section 11-21.5-5 of the Illinois Municipal Code.
4  (j) Information and data concerning the distribution 
5 of surcharge moneys collected and remitted by carriers 
6 under the Emergency Telephone System Act.
7  (k) Law enforcement officer identification information 
8 or driver identification information compiled by a law 
9 enforcement agency or the Department of Transportation 
10 under Section 11-212 of the Illinois Vehicle Code.
11  (l) Records and information provided to a residential 
12 health care facility resident sexual assault and death 
13 review team or the Executive Council under the Abuse 
14 Prevention Review Team Act.
15  (m) Information provided to the predatory lending 
16 database created pursuant to Article 3 of the Residential 
17 Real Property Disclosure Act, except to the extent 
18 authorized under that Article.
19  (n) Defense budgets and petitions for certification of 
20 compensation and expenses for court appointed trial 
21 counsel as provided under Sections 10 and 15 of the Capital 
22 Crimes Litigation Act. This subsection (n) shall apply 
23 until the conclusion of the trial of the case, even if the 
24 prosecution chooses not to pursue the death penalty prior 
25 to trial or sentencing.
26  (o) Information that is prohibited from being 
 
 
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1 disclosed under Section 4 of the Illinois Health and 
2 Hazardous Substances Registry Act.
3  (p) Security portions of system safety program plans, 
4 investigation reports, surveys, schedules, lists, data, or 
5 information compiled, collected, or prepared by or for the 
6 Regional Transportation Authority under Section 2.11 of 
7 the Regional Transportation Authority Act or the St. Clair 
8 County Transit District under the Bi-State Transit Safety 
9 Act. 
10  (q) Information prohibited from being disclosed by the 
11 Personnel Record Records Review Act. 
12  (r) Information prohibited from being disclosed by the 
13 Illinois School Student Records Act. 
14  (s) Information the disclosure of which is restricted 
15 under Section 5-108 of the Public Utilities Act. 

16  (t) All identified or deidentified health information 
17 in the form of health data or medical records contained in, 
18 stored in, submitted to, transferred by, or released from 
19 the Illinois Health Information Exchange, and identified 
20 or deidentified health information in the form of health 
21 data and medical records of the Illinois Health Information 
22 Exchange in the possession of the Illinois Health 
23 Information Exchange Authority due to its administration 
24 of the Illinois Health Information Exchange. The terms 
25 "identified" and "deidentified" shall be given the same 
26 meaning as in the Health Insurance Portability and 
 
 
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1 Accountability Act of 1996, Public Law 104-191, or any 
2 subsequent amendments thereto, and any regulations 
3 promulgated thereunder. 
4  (u) Records and information provided to an independent 
5 team of experts under the Developmental Disability and 
6 Mental Health Safety Act (also known as Brian's Law). 
7  (v) Names and information of people who have applied 
8 for or received Firearm Owner's Identification Cards under 
9 the Firearm Owners Identification Card Act or applied for 
10 or received a concealed carry license under the Firearm 
11 Concealed Carry Act, unless otherwise authorized by the 
12 Firearm Concealed Carry Act; and databases under the 
13 Firearm Concealed Carry Act, records of the Concealed Carry 
14 Licensing Review Board under the Firearm Concealed Carry 
15 Act, and law enforcement agency objections under the 
16 Firearm Concealed Carry Act. 
17  (w) Personally identifiable information which is 
18 exempted from disclosure under subsection (g) of Section 
19 19.1 of the Toll Highway Act.
20  (x) Information which is exempted from disclosure 
21 under Section 5-1014.3 of the Counties Code or Section 
22 8-11-21 of the Illinois Municipal Code. 
23  (y) Confidential information under the Adult 
24 Protective Services Act and its predecessor enabling 
25 statute, the Elder Abuse and Neglect Act, including 
26 information about the identity and administrative finding 
 
 
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1 against any caregiver of a verified and substantiated 
2 decision of abuse, neglect, or financial exploitation of an 
3 eligible adult maintained in the Registry established 
4 under Section 7.5 of the Adult Protective Services Act. 
5  (z) Records and information provided to a fatality 
6 review team or the Illinois Fatality Review Team Advisory 
7 Council under Section 15 of the Adult Protective Services 
8 Act. 
9  (aa) Information which is exempted from disclosure 
10 under Section 2.37 of the Wildlife Code. 
11  (bb) Information which is or was prohibited from 
12 disclosure by the Juvenile Court Act of 1987. 
13  (cc) Recordings made under the Law Enforcement 
14 Officer-Worn Body Camera Act, except to the extent 
15 authorized under that Act.
16  (dd) Information that is prohibited from being 
17 disclosed under Section 45 of the Condominium and Common 
18 Interest Community Ombudsperson Act. 
19  (ee) Information that is exempted from disclosure 
20 under Section 30.1 of the Pharmacy Practice Act. 
21  (ff) Information that is exempted from disclosure 
22 under the Revised Uniform Unclaimed Property Act. 
23  (gg) Information that is prohibited from being 
24 disclosed under Section 7-603.5 of the Illinois Vehicle 
25 Code. 
26  (hh) Records that are exempt from disclosure under 
 
 
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1 Section 1A-16.7 of the Election Code. 
2  (ii) Information which is exempted from disclosure 
3 under Section 2505-800 of the Department of Revenue Law of 
4 the Civil Administrative Code of Illinois. 
5  (jj) Information and reports that are required to be 
6 submitted to the Department of Labor by registering day and 
7 temporary labor service agencies but are exempt from 
8 disclosure under subsection (a-1) of Section 45 of the Day 
9 and Temporary Labor Services Act. 
10  (kk) Information prohibited from disclosure under the 
11 Seizure and Forfeiture Reporting Act. 
12  (ll) Information the disclosure of which is restricted 
13 and exempted under Section 5-30.8 of the Illinois Public 
14 Aid Code. 
15  (mm) (ll) Records that are exempt from disclosure under 
16 Section 4.2 of the Crime Victims Compensation Act. 
17  (nn) (ll) Information that is exempt from disclosure 
18 under Section 70 of the Higher Education Student Assistance 
19 Act. 
20  (oo) Information prohibited from being disclosed under 
21 the Illinois Educational Labor Relations Act.
22  (pp) Information prohibited from being disclosed under 
23 the Illinois Public Labor Relations Act. 
24  (qq) Information prohibited from being disclosed under 
25 Section 1-167 of the Illinois Pension Code. 
26(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
 
 
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1eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
299-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
3100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
48-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
5eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
6100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised 
710-12-18.)

8 Section 10. The Illinois Public Labor Relations Act is 
9amended by changing Sections 6 and 10 and by adding Section 6.5 
10as follows:




11 (5 ILCS 315/6) (from Ch. 48, par. 1606)


12 Sec. 6. Right to organize and bargain collectively; 
13exclusive
representation; and fair share arrangements. 
14 (a) Employees of the State and
any political subdivision of 
15the State, excluding employees of the General
Assembly of the 
16State of Illinois and employees excluded from the definition of 
17"public employee" under subsection (n) of Section 3 of this 
18Act, have, and are protected in the exercise
of, the right of 
19self-organization,
and may form, join or assist any labor 
20organization, to bargain collectively
through representatives 
21of their own choosing on questions of wages, hours
and other 
22conditions of employment, not excluded by Section 4 of this 
23Act,
and to engage in other concerted activities not otherwise 
24prohibited by law
for the purposes of collective bargaining or 
 
 
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1other mutual aid or protection,
free from interference, 
2restraint or coercion. Employees also have, and
are protected 
3in the exercise of, the right to refrain from participating
in 
4any such concerted activities. Employees may be required,

5pursuant to the terms of a lawful fair share agreement, to pay 
6a fee which
shall be their proportionate share
of the costs of 
7the collective bargaining process, contract administration
and 
8pursuing matters affecting wages, hours and other conditions of 
9employment
as defined in Section 3(g).

10 (b) Nothing in this Act prevents an employee from 
11presenting a grievance
to the employer and having the grievance 
12heard and settled without the
intervention of an employee 
13organization; provided that the exclusive
bargaining 
14representative is afforded the opportunity to be present at 
15such
conference and that any settlement made shall not be 
16inconsistent with the
terms of any agreement in effect between 
17the employer and the exclusive
bargaining representative.

18 (c) A labor organization designated by the Board as the 
19representative
of the majority of public employees in an 
20appropriate unit in accordance
with the procedures herein or 
21recognized
by a public employer as the representative of the 
22majority of public employees
in an appropriate unit is the 
23exclusive representative for the employees
of such unit for the 
24purpose of collective bargaining with respect to rates
of pay, 
25wages, hours and other conditions of employment not excluded by

26Section 4 of this Act. Unless otherwise mutually agreed, a A 
 
 
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1public employer is required at least once each month and upon 
2request, to furnish the exclusive bargaining representative 
3with a complete list of the names and addresses of the public 
4employees in the bargaining unit, provided that a public 
5employer shall not be required to furnish such a list more than 
6once per payroll period. The exclusive bargaining 
7representative shall use the list exclusively for bargaining 
8representation purposes and shall not disclose any information 
9contained in the list for any other purpose. Nothing in this 
10Section, however, shall prohibit a bargaining representative 
11from disseminating a list of its union members.


12 At the time the public employer provides such list, it 
13shall also provide to the exclusive representative, in an Excel 
14file or other mutually agreed upon editable digital file 
15format, the employee's job title, worksite location, work 
16telephone numbers, identification number if available, and any 
17home and personal cellular telephone numbers on file with the 
18employer, date of hire, work email address, and any personal 
19email address on file with the employer. In addition, unless 
20otherwise mutually agreed, within 10 calendar days from the 
21date of hire of a bargaining unit employee, the public employer 
22shall provide to the exclusive representative, in an electronic 
23file or other mutually agreed upon format, the following 
24information about the new employee: the employee's name, job 
25title, worksite location, home address, work telephone 
26numbers, and any home and personal cellular telephone numbers 
 
 
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1on file with the employer, date of hire, work email address, 
2and any personal email address on file with the employer. 
3 (c-5) No employer shall disclose the following information 
4of any employee: (1) the employee's home address (including ZIP 
5code and county); (2) the employee's date of birth; (3) the 
6employee's home and personal phone number; (4) the employee's 
7personal email address; (5) any information personally 
8identifying employee membership or membership status in a labor 
9organization or other voluntary association affiliated with a 
10labor organization or a labor federation (including whether 
11employees are members of such organization, the identity of 
12such organization, whether or not employees pay or authorize 
13the payment of any dues of moneys to such organization, and the 
14amounts of such dues or moneys); and (6) emails or other 
15communications between a labor organization and its members. 
16 As soon as practicable after receiving a request for any 
17information prohibited from disclosure under this subsection 
18(c-5), excluding a request from the exclusive bargaining 
19representative of the employee, the employer must provide a 
20written copy of the request, or a written summary of any oral 
21request, to the exclusive bargaining representative of the 
22employee or, if no such representative exists, to the employee. 
23The employer must also provide a copy of any response it has 
24made within 5 business days of sending the response to any 
25request. 
26 If an employer discloses information in violation of this 
 
 
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1subsection (c-5), an aggrieved employee of the employer or his 
2or her exclusive bargaining representative may file an unfair 
3labor practice charge with the Illinois Labor Relations Board 
4pursuant to Section 10 of this Act or commence an action in the 
5circuit court to enforce the provisions of this Act, including 
6actions to compel compliance, if an employer willfully and 
7wantonly discloses information in violation of this 
8subsection. The circuit court for the county in which the 
9complainant resides, in which the complainant is employed, or 
10in which the employer is located shall have jurisdiction in 
11this matter. 
12 This subsection does not apply to disclosures (i) required 
13under the Freedom of Information Act, (ii) for purposes of 
14conducting public operations or business, or (iii) to the 
15exclusive representative. 
16 (c-10) Employers shall provide to exclusive 
17representatives, including their agents and employees, 
18reasonable access to employees in the bargaining units they 
19represent. This access shall at all times be conducted in a 
20manner so as not to impede normal operations.
21  (1) Access includes the following:
22   (A) the right to meet with one or more employees on 
23 the employer's premises during the work day to 
24 investigate and discuss grievances and 
25 workplace-related complaints without charge to pay or 
26 leave time of employees or agents of the exclusive 
 
 
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1 representative;
2   (B) the right to conduct worksite meetings during 
3 lunch and other non-work breaks, and before and after 
4 the workday, on the employer's premises to discuss 
5 collective bargaining negotiations, the administration 
6 of collective bargaining agreements, other matters 
7 related to the duties of the exclusive representative, 
8 and internal matters involving the governance or 
9 business of the exclusive representative, without 
10 charge to pay or leave time of employees or agents of 
11 the exclusive representative;
12   (C) the right to meet with newly hired employees, 
13 without charge to pay or leave time of the employees or 
14 agents of the exclusive representative, on the 
15 employer's premises or at a location mutually agreed to 
16 by the employer and exclusive representative for up to 
17 one hour either within the first two weeks of 
18 employment in the bargaining unit or at a later date 
19 and time if mutually agreed upon by the employer and 
20 the exclusive representative; and
21   (D) the right to use the facility mailboxes and 
22 bulletin boards of the employer to communicate with 
23 bargaining unit employees regarding collective 
24 bargaining negotiations, the administration of the 
25 collective bargaining agreements, the investigation of 
26 grievances, other workplace-related complaints and 
 
 
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1 issues, and internal matters involving the governance 
2 or business of the exclusive representative.
3  (2) Nothing in this Section shall prohibit an employer 
4 and exclusive representative from agreeing in a collective 
5 bargaining agreement to provide the exclusive 
6 representative greater access to bargaining unit 
7 employees, including through the use of the employer's 
8 email system. 
9 (d) Labor organizations recognized by a public employer as 
10the exclusive
representative or so designated in accordance 
11with the provisions of this
Act are responsible for 
12representing the interests of all public employees
in the unit. 
13Nothing herein shall be construed to limit an exclusive

14representative's right to exercise its discretion to refuse to 
15process
grievances of employees that are unmeritorious.

16 (e) When a collective bargaining agreement is entered into 
17with an exclusive
representative, it may include in the 
18agreement a provision requiring employees
covered by the 
19agreement who are not members of the organization to pay
their 
20proportionate share of the costs of the collective bargaining 
21process,
contract administration and pursuing matters 
22affecting wages, hours and
conditions of employment, as defined 
23in Section 3 (g), but not to exceed
the amount of dues 
24uniformly required of members. The organization shall
certify 
25to the employer the amount constituting each nonmember 
26employee's
proportionate share which shall not exceed dues 
 
 
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1uniformly required of members.
In such case, the proportionate 
2share payment in this Section shall be deducted
by the employer 
3from the earnings of the nonmember employees and paid to
the 
4employee organization.

5 (f) Employers shall make Only the exclusive representative 
6may negotiate
provisions in a collective bargaining agreement 
7providing for the payroll deductions
deduction of labor 
8organization dues, fair share payment, initiation fees,
and 
9assessments, and other payments for a labor organization that 
10is the exclusive representative. Such Except as provided in 
11subsection (e) of this Section, any
such deductions shall only 
12be made in accordance with the terms of upon an employee's 
13written
authorization, and continued until revoked in writing 
14in the same manner or
until the termination date of an 
15applicable collective bargaining
agreement. Such payments 
16shall be paid to the exclusive representative. Written 
17authorization may be evidenced by electronic communications, 
18and such writing or communication may be evidenced by the 
19electronic signature of the employee as provided under Section 
205-120 of the Electronic Commerce Security Act. 

21 There is no impediment to an employee's right to resign 
22union membership at any time. However, notwithstanding any 
23other provision of law to the contrary regarding authorization 
24and deduction of dues, the exclusive representative and a 
25public employee may agree to reasonable limits on the right of 
26the employee to revoke such authorization, including a period 
 
 
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1of irrevocability that exceeds one year. An authorization that 
2is irrevocable for one year, which may be automatically renewed 
3for successive annual periods in accordance with the terms of 
4the authorization, and that contains at least an annual 10-day 
5period of time during which the employee may revoke the 
6authorization, shall be deemed reasonable.
7 This Section shall apply to all claims that allege that a 
8labor organization or a public employer has improperly deducted 
9or collected dues from an employee without regard to whether 
10the claims or the facts upon which they are based occurred 
11before, on, or after the effective date of this amendatory Act 
12of the 101st General Assembly and shall apply retroactively to 
13the maximum extent permitted by law. 
14 (f-5) Where a collective bargaining agreement is 
15terminated, or continues in effect beyond its scheduled 
16expiration date pending the negotiation of a successor 
17agreement or the resolution of an impasse under Section 14, the 
18employer shall continue to honor and abide by any dues 
19deduction or fair share clause contained therein until a new 
20agreement is reached including dues deduction or a fair share 
21clause. For the benefit of any successor exclusive 
22representative certified under this Act, this provision shall 
23be applicable, provided the successor exclusive 
24representative:
25  (i) certifies to the employer the amount constituting 
26 each non-member's proportionate share under subsection 
 
 
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1 (e); or
2  (ii) presents the employer with employee written 
3 authorizations for the deduction of dues, assessments, and 
4 fees under this subsection.
5 Failure to so honor and abide by dues deduction or fair 
6share clauses for the benefit of any exclusive representative, 
7including a successor, shall be a violation of the duty to 
8bargain and an unfair labor practice.

9 (f-10) Upon receiving written notice of authorization, the 
10public employer must commence dues deductions as soon as 
11practicable, but in no case later than 30 days after receiving 
12notice from the labor organization. Employee deductions shall 
13be transmitted to the labor organization no later than 30 days 
14after they are deducted unless a shorter period is mutually 
15agreed to.
16 (f-15) Deductions shall remain in effect until:
17  (1) the public employer receives notice that a public 
18 employee has revoked their authorization in writing in 
19 accordance with the terms of the authorization; or
20  (2) the individual employee is no longer employed by 
21 the public employer in a bargaining unit position 
22 represented by the same exclusive representative, provided 
23 that if the employee is, within a period of one year, 
24 employed by the same public employer in a position 
25 represented by the same labor organization, the right to 
26 dues deduction shall be automatically reinstated.
 
 
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1 Nothing in this subsection prevents an employee from 
2continuing to authorize payroll deductions when no longer 
3represented by the exclusive representative that would receive 
4such deduction. 
5 Should the individual employee who has signed a dues 
6deduction authorization card either be removed from a public 
7employer's payroll or otherwise placed on any type of 
8involuntary or voluntary leave of absence, whether paid or 
9unpaid, the public employee's dues deduction shall be continued 
10upon that public employee's return to the payroll in a 
11bargaining unit position represented by the same exclusive 
12representative or restoration to active duty from such a leave 
13of absence.
14 (f-20) Unless otherwise mutually agreed by the public 
15employer and the exclusive representative, employee requests 
16to authorize, revoke, cancel, or change authorizations for 
17payroll deductions for labor organizations shall be directed to 
18the labor organization rather than to the public employer. The 
19labor organization shall be responsible for initially 
20processing and notifying the public employer of proper requests 
21or providing proper requests to the employer. If the requests 
22are not provided to the public employer, the employer shall 
23rely on information provided by the labor organization 
24regarding whether deductions for a labor organization were 
25properly authorized, revoked, canceled, or changed, and the 
26labor organization shall indemnify the public employer for any 
 
 
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1damages and reasonable costs incurred for any claims made by 
2employees for deductions made in good faith reliance on that 
3information.
4 (f-25) Upon receipt by the exclusive representative of an 
5appropriate written authorization from an employee, written 
6notice of authorization shall be provided to the employer and 
7any authorized deductions shall be made in accordance with law. 
8The labor organization shall indemnify the public employer for 
9any damages and reasonable costs incurred for any claims made 
10by employees for deductions made in good faith reliance on its 
11notification.
12 (f-30) The failure of an employer to comply with the 
13provisions of this Section shall be a violation of the duty to 
14bargain and an unfair labor practice. Relief for the violation 
15shall be reimbursement by the public employer of dues that 
16should have been deducted or paid based on a valid 
17authorization given by the employee or employees. In addition, 
18the provisions of a collective bargaining agreement that 
19contain the obligations set forth in this Section may be 
20enforced in accordance with Sections 8 and 16.
21 (f-35) The Illinois Labor Relations Board shall have 
22exclusive jurisdiction over claims under Illinois law that 
23allege that a labor organization has unlawfully collected dues 
24from a public employee in violation of this Act. The Board 
25shall by rule require that in cases in which a public employee 
26alleges that a labor organization has unlawfully collected 
 
 
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1dues, the public employer shall continue to deduct the 
2employee's dues from the employee's pay, but shall transmit the 
3dues to the Board for deposit in an escrow account maintained 
4by the Board. If the exclusive representative maintains an 
5escrow account for the purpose of holding dues to which an 
6employee has objected, the employer shall transmit the entire 
7amount of dues to the exclusive representative, and the 
8exclusive representative shall hold in escrow the dues that the 
9employer would otherwise have been required to transmit to the 
10Board for escrow; provided that the escrow account maintained 
11by the exclusive representative complies with rules adopted by 
12the Board or that the collective bargaining agreement requiring 
13the payment of the dues contains an indemnification provision 
14for the purpose of indemnifying the employer with respect to 
15the employer's transmission of dues to the exclusive 
16representative.
17 (f-40) If any clause, sentence, paragraph, or subparagraph 
18of this Section shall be adjudged by a court of competent 
19jurisdiction to be unconstitutional or otherwise invalid, that 
20judgment shall not affect, impair, or invalidate the remainder 
21thereof, but shall be confined in its operation to the clause, 
22sentence, paragraph, or subparagraph of this Section directly 
23involved in the controversy in which that judgment shall have 
24been rendered.
25 If any clause, sentence, paragraph, or part of a signed 
26authorization for payroll deductions shall be adjudged by a 
 
 
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1court of competent jurisdiction to be unconstitutional or 
2otherwise invalid, that judgment shall not affect, impair, or 
3invalidate the remainder of the signed authorization, but shall 
4be confined in its operation to the clause, sentence, 
5paragraph, or part of the signed authorization directly 
6involved in the controversy in which that judgment shall have 
7been rendered. 
8 (g) Agreements containing a fair share agreement must 
9safeguard the right
of nonassociation of employees based upon 
10bona fide religious tenets or
teachings of a church or 
11religious body of which such employees are members.
Such 
12employees may be required to pay an amount equal to their fair 
13share,
determined under a lawful fair share agreement, to a 
14nonreligious charitable
organization mutually agreed upon by 
15the employees affected and the exclusive
bargaining 
16representative to which such employees would otherwise pay such

17service fee. If the affected employees and the bargaining 
18representative
are unable to reach an agreement on the matter, 
19the Board may establish an
approved list of charitable 
20organizations to which such payments may be made.

21(Source: P.A. 97-1172, eff. 4-5-13.)


22 (5 ILCS 315/6.5 new)
23 Sec. 6.5. Defense to liability.
24 (a) The General Assembly declares that public employees who 
25paid agency or fair share fees as a condition of public 
 
 
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1employment in accordance with State laws and United States 
2Supreme Court precedent prior to June 27, 2018 had no 
3legitimate expectation of receiving that money back under any 
4then available cause of action. Public employers and labor 
5organizations who relied on State law and Supreme Court 
6precedent in deducting and accepting those fees were not liable 
7to refund them. Agency or fair share fees were paid for 
8collective bargaining representation that employee 
9organizations were obligated by State law to provide to 
10employees. Additionally, it should be presumed that employees 
11who signed written membership or dues authorization agreements 
12prior to this time knew and freely accepted the contractual 
13obligations set forth in those agreements. Application of this 
14Section to claims pending on the effective date of this 
15amendatory Act of the 101st General Assembly will preserve, 
16rather than interfere with, important reliance interests. This 
17Section is therefore necessary to provide certainty to public 
18employers and labor organizations that relied on State law and 
19to avoid disruption of public employee labor relations after 
20the United States Supreme Court's decision in Janus v. AFSCME 
21Council 31, 138 S. Ct. 2448 (2018).
22 (b) No public employer or labor organization, or any of its 
23employees or agents, shall be liable for, and they shall have a 
24complete defense to, any claims or actions under the laws of 
25this State for requiring, deducting, receiving, or retaining 
26dues, agency fees, or fair share fees from public employees, 
 
 
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1and current or former public employees shall not have standing 
2to pursue these claims or actions if the dues or fees were 
3permitted under the laws of this State then in force and paid, 
4through payroll deduction or otherwise, prior to June 27, 2018.
5 (c) This Section shall apply to claims and actions pending 
6on the effective date of this amendatory Act of the 101st 
7General Assembly, as well to claims and actions on or after 
8that date.
9 (d) This Section is a declaration of existing law and shall 
10not be construed as a new enactment.




11 (5 ILCS 315/10) (from Ch. 48, par. 1610)



12 Sec. 10. Unfair labor practices. 

13 (a) It shall be an unfair labor practice
for an employer or 
14its agents:

15  (1) to interfere with, restrain or coerce public 
16 employees in the
exercise of the rights guaranteed in this 
17 Act or to dominate or interfere
with the formation, 
18 existence or administration of any labor organization
or 
19 contribute financial or other support to it; provided, an 
20 employer shall
not be prohibited from permitting employees 
21 to confer with him during
working hours without loss of 
22 time or pay;

23  (2) to discriminate in regard to hire or tenure of 
24 employment or any term
or condition of employment in order 
25 to encourage or discourage membership
in or other support 
 
 
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1 for any labor organization. Nothing in this Act or any

2 other law precludes a public employer from making an 
3 agreement with a labor
organization to require as a 
4 condition of employment the payment of a fair
share under 
5 paragraph (e) of Section 6;

6  (3) to discharge or otherwise discriminate against a 
7 public employee because
he has signed or filed an 
8 affidavit, petition or charge or provided any
information 
9 or testimony under this Act;

10  (4) to refuse to bargain collectively in good faith 
11 with a labor
organization which is the exclusive 
12 representative of public employees in
an appropriate unit, 
13 including, but not limited to, the discussing of
grievances 
14 with the exclusive representative;

15  (5) to violate any of the rules and regulations 
16 established by the Board
with jurisdiction over them 
17 relating to the conduct of representation elections
or the 
18 conduct affecting the representation elections;

19  (6) to expend or cause the expenditure of public funds 
20 to any external
agent, individual, firm, agency, 
21 partnership or association in any attempt
to influence the 
22 outcome of representational elections held pursuant to

23 Section 9 of this Act; provided, that nothing in this 
24 subsection shall be
construed to limit an employer's right 
25 to internally communicate with its
employees as provided in 
26 subsection (c) of this Section, to be represented
on any 
 
 
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1 matter pertaining to unit determinations, unfair labor 
2 practice
charges or pre-election conferences in any formal 
3 or informal proceeding
before the Board, or to seek or 
4 obtain advice from legal counsel.
Nothing in this paragraph 
5 shall be construed to prohibit an employer from
expending 
6 or causing the expenditure of public funds on, or seeking 
7 or
obtaining services or advice from, any organization, 
8 group, or association
established by and including public 
9 or educational employers, whether
covered by this Act, the 
10 Illinois Educational Labor Relations Act or the
public 
11 employment labor relations law of any other state or the 
12 federal
government, provided that such services or advice 
13 are generally available
to the membership of the 
14 organization, group or association, and are not
offered 
15 solely in an attempt to influence the outcome of a 
16 particular
representational election; or

17  (7) to refuse to reduce a collective bargaining 
18 agreement to writing
or to refuse to sign such agreement; .

19  (8) to interfere with, restrain, coerce, deter, or 
20 discourage public employees or applicants to be public 
21 employees from: (i) becoming or remaining members of a 
22 labor organization; (ii) authorizing representation by a 
23 labor organization; or (iii) authorizing dues or fee 
24 deductions to a labor organization, nor shall the employer 
25 intentionally permit outside third parties to use its email 
26 or other communication systems to engage in that conduct. 
 
 
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1 An employer's good faith implementation of a policy to 
2 block the use of its email or other communication systems 
3 for such purposes shall be a defense to an unfair labor 
4 practice; or 
5  (9) to disclose to any person or entity information set 
6 forth in subsection (c-5) of Section 6 of this Act that the 
7 employer knows or should know will be used to interfere 
8 with, restrain, coerce, deter, or discourage any public 
9 employee from: (i) becoming or remaining members of a labor 
10 organization, (ii) authorizing representation by a labor 
11 organization, or (iii) authorizing dues or fee deductions 
12 to a labor organization. 
13 (b) It shall be an unfair labor practice for a labor 
14organization or its agents:

15  (1) to restrain or coerce public employees in the 
16 exercise of the rights
guaranteed in this Act, provided, 
17 (i) that this paragraph shall
not impair the right of a 
18 labor organization to prescribe its own rules
with respect 
19 to the acquisition or retention of membership therein or 
20 the
determination of fair share payments and (ii) that a 
21 labor organization
or its agents shall commit an unfair 
22 labor practice under this paragraph in
duty of fair 
23 representation cases only by intentional misconduct in

24 representing employees under this Act;

25  (2) to restrain or coerce a public employer in the 
26 selection of his
representatives for the purposes of 
 
 
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1 collective bargaining or the settlement
of grievances; or

2  (3) to cause, or attempt to cause, an employer to 
3 discriminate against
an employee in violation of 
4 subsection (a)(2);

5  (4) to refuse to bargain collectively in good faith 
6 with a public employer,
if it has been designated in 
7 accordance with the provisions of this Act
as the exclusive 
8 representative of public employees in an appropriate unit;

9  (5) to violate any of the rules and regulations 
10 established by the
boards with jurisdiction over them 
11 relating to the conduct of
representation elections or the 
12 conduct affecting the representation elections;

13  (6) to discriminate against any employee because he has 
14 signed or filed
an affidavit, petition or charge or 
15 provided any information or testimony
under this Act;

16  (7) to picket or cause to be picketed, or threaten to 
17 picket or cause
to be picketed, any public employer where 
18 an object thereof is forcing or
requiring an employer to 
19 recognize or bargain with a labor organization
of the 
20 representative of its employees, or forcing or requiring 
21 the employees
of an employer to accept or select such labor 
22 organization as their collective
bargaining 
23 representative, unless such labor organization is 
24 currently
certified as the representative of such 
25 employees:

26   (A) where the employer has lawfully recognized in 
 
 
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1 accordance with this
Act any labor organization and a 
2 question concerning representation may
not 
3 appropriately be raised under Section 9 of this Act;

4   (B) where within the preceding 12 months a valid 
5 election under Section
9 of this Act has been 
6 conducted; or

7   (C) where such picketing has been conducted 
8 without a petition under Section
9 being filed within a 
9 reasonable period of time not to exceed 30 days from

10 the commencement of such picketing; provided that when 
11 such a petition has
been filed the Board shall 
12 forthwith, without regard to the provisions of

13 subsection (a) of Section 9 or the absence of a showing 
14 of a substantial
interest on the part of the labor 
15 organization, direct an election in such
unit as the 
16 Board finds to be appropriate and shall certify the 
17 results
thereof; provided further, that nothing in 
18 this subparagraph shall be construed
to prohibit any 
19 picketing or other publicity for the purpose of 
20 truthfully
advising the public that an employer does 
21 not employ members of, or have a
contract with, a labor 
22 organization unless an effect of such picketing is
to 
23 induce any individual employed by any other person in 
24 the course of his
employment, not to pick up, deliver, 
25 or transport any goods or not to
perform any services; 
26 or

 
 
10100SB1784ham001- 29 -LRB101 11042 HLH 61455 a


1  (8) to refuse to reduce a collective bargaining 
2 agreement to writing
or to refuse to sign such agreement.

3 (c) The expressing of any views, argument, or opinion or 
4the
dissemination thereof, whether in written, printed, 
5graphic, or visual
form, shall not constitute or be evidence of 
6an unfair labor practice under
any of the provisions of this 
7Act, if such expression contains no threat of
reprisal or force 
8or promise of benefit.

9 (d) The employer shall not discourage public employees or 
10applicants to be public employees from becoming or remaining 
11union members or authorizing dues deductions, and shall not 
12otherwise interfere with the relationship between employees 
13and their exclusive bargaining representative. The employer 
14shall refer all inquiries about union membership to the 
15exclusive bargaining representative, except that the employer 
16may communicate with employees regarding payroll processes and 
17procedures. The employer will establish email policies in an 
18effort to prohibit the use of its email system by outside 
19sources. 
20(Source: P.A. 86-412; 87-736.)


21 Section 15. The State Comptroller Act is amended by 
22changing Section 20 as follows:



23 (15 ILCS 405/20) (from Ch. 15, par. 220)



24 Sec. 20. Annual report. The Comptroller shall annually, as 
 
 
10100SB1784ham001- 30 -LRB101 11042 HLH 61455 a


1soon as possible after the close
of the fiscal year but no 
2later than December 31, make out and present
to the Governor, 
3the President of the Senate, the Speaker of the House
of 
4Representatives, the Minority Leader of the Senate, and the 
5Minority
Leader of the House of Representatives a report, 
6showing the amount of
warrants drawn on the treasury, on other 
7funds held by the State
Treasurer and on any public funds held 
8by State agencies, during the
preceding fiscal year, and 
9stating, particularly, on what account they
were drawn, and if 
10drawn on the contingent fund, to whom and for what
they were 
11issued. He or she shall, also, at the same time, report to the

12Governor, the President of the Senate, the Speaker of the House 
13of
Representatives, the Minority Leader of the Senate, and the 
14Minority
Leader of the House of Representatives the amount of 
15money received into
the treasury, into other funds held by the 
16State Treasurer and into any
other funds held by State agencies 
17during the preceding fiscal year, and
stating particularly, the 
18source from which the same may be derived, and
also a general 
19account of all the business of his office during the
preceding 
20fiscal year. The report shall also summarize for the previous

21fiscal year the information required under Section 19.

22 Within 60 days after the expiration of each calendar year, 
23the Comptroller
shall compile, from records maintained and 
24available in his
office, a list of all persons including those 
25employed in the Office of the Comptroller, who have been 
26employed by the State during the past
calendar year and paid 
 
 
10100SB1784ham001- 31 -LRB101 11042 HLH 61455 a


1from funds in the hands of the State Treasurer.

2 The list shall be arranged according to counties and shall 
3state in
alphabetical order the name of each employee, the 
4address in the county
in which he votes, except as specified 
5below, the position, and the
total salary paid to him or her 
6during
the past calendar year, rounded to the nearest hundred 
7dollar. For persons employed by the Department of
Corrections, 
8Department of Children and Family Services, Department of 
9Juvenile Justice, Office of the State's Attorneys Appellate 
10Prosecutor, and the Department
of State Police, as well as 
11their spouses, no address shall be listed. The list so compiled 
12and
arranged shall be kept
on file in the office of the 
13Comptroller and be open to inspection by
the public at all 
14times.

15 No person who utilizes the names obtained from this list 
16for solicitation
shall represent that such solicitation is 
17authorized by any officer or agency
of the State of Illinois. 
18Violation of this provision is a Business Offense
punishable by 
19a fine not to exceed $3,000.

20(Source: P.A. 100-253, eff. 1-1-18.)


21 Section 20. The Illinois Pension Code is amended by adding 
22Section 1-167 as follows:

23 (40 ILCS 5/1-167 new)
24 Sec. 1-167. Prohibited disclosures. No pension fund or 
 
 
10100SB1784ham001- 32 -LRB101 11042 HLH 61455 a


1retirement system subject to this Code shall disclose the 
2following information of any members or participants of any 
3pension fund or retirement system: (1) the individual's home 
4address (including ZIP code and county); (2) the individual's 
5date of birth; (3) the individual's home and personal phone 
6number; (4) the individual's personal email address; (5) 
7personally identifying member or participant deduction 
8information; or (6) any membership status in a labor 
9organization or other voluntary association affiliated with a 
10labor organization or labor federation (including whether 
11employees are members of such organization, the identity of 
12such organization, whether or not employees pay or authorize 
13the payment of any dues or moneys to such organization, and the 
14amounts of such dues or moneys).
15 This Section does not apply to disclosures (i) required 
16under the Freedom of Information Act, (ii) for purposes of 
17conducting public operations or business, or (iii) to a labor 
18organization or an exclusive representative. 

19 Section 25. The Illinois Fire Protection Training Act is 
20amended by changing Section 8 as follows:



21 (50 ILCS 740/8) (from Ch. 85, par. 538)



22 Sec. 8. Rules and minimum standards for schools. The Office

23shall adopt rules and minimum standards for such
schools which 
24shall include but not be limited to the following:

 
 
10100SB1784ham001- 33 -LRB101 11042 HLH 61455 a


1  a. Minimum courses of study, resources, facilities, 
2 apparatus,
equipment, reference material, established 
3 records and procedures as
determined by the Office.

4  b. Minimum requirements for instructors.

5  c. Minimum basic training requirements, which a 
6 trainee must
satisfactorily complete before being eligible 
7 for permanent employment
as a fire fighter in the fire 
8 department of a participating local
governmental agency.

9 Those requirements shall include training in first aid 
10 (including
cardiopulmonary resuscitation), and training in 
11 the administration of opioid antagonists as defined in 
12 paragraph (1) of subsection (e) of Section 5-23 of the 
13 Substance Use Disorder Act, and training in the history of 
14 the fire service labor movement using curriculum and 
15 instructors provided by a statewide organization 
16 representing professional union firefighters in Illinois.

17(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)


18 Section 30. The Illinois Educational Labor Relations Act is 
19amended by changing Sections 3 and 14 and by adding Sections 
2011.1 and 11.2 as follows:




21 (115 ILCS 5/3) (from Ch. 48, par. 1703)



22 Sec. 3. Employee rights; exclusive representative rights. 
23 (a) It shall be lawful for educational employees
to 
24organize, form, join, or assist in employee organizations or 
 
 
10100SB1784ham001- 34 -LRB101 11042 HLH 61455 a


1engage in
lawful concerted activities for the purpose of 
2collective bargaining or
other mutual aid and protection or 
3bargain collectively through representatives
of their own free 
4choice and, except as provided in Section 11, such employees

5shall also have the right to refrain from any or all such 
6activities.

7 (b) Representatives selected by educational employees in a 
8unit appropriate
for collective bargaining purposes shall be 
9the exclusive representative
of all the employees in such unit 
10to
bargain on wages, hours, terms and conditions of employment. 
11However,
any individual employee or a group of employees may at 
12any time present
grievances to their employer and have them 
13adjusted without the intervention
of the bargaining 
14representative as long as the adjustment is not inconsistent

15with the terms of a collective bargaining agreement then in 
16effect, provided
that the bargaining representative has been 
17given an opportunity to be present
at such adjustment.

18 (c) Employers shall provide to exclusive representatives, 
19including their agents and employees, reasonable access to and 
20information about employees in the bargaining units they 
21represent. This access shall at all times be conducted in a 
22manner so as not to impede normal operations.
23  (1) Access includes the following:
24   (A) the right to meet with one or more employees on 
25 the employer's premises during the work day to 
26 investigate and discuss grievances and 
 
 
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1 workplace-related complaints without charge to pay or 
2 leave time of employees or agents of the exclusive 
3 representative;
4   (B) the right to conduct worksite meetings during 
5 lunch and other non-work breaks, and before and after 
6 the workday, on the employer's premises to discuss 
7 collective bargaining negotiations, the administration 
8 of collective bargaining agreements, other matters 
9 related to the duties of the exclusive representative, 
10 and internal matters involving the governance or 
11 business of the exclusive representative, without 
12 charge to pay or leave time of employees or agents of 
13 the exclusive representative;
14   (C) the right to meet with newly hired employees, 
15 without charge to pay or leave time of the employees or 
16 agents of the exclusive representative, on the 
17 employer's premises or at a location mutually agreed to 
18 by the employer and exclusive representative for up to 
19 one hour either within the first two weeks of 
20 employment in the bargaining unit or at a later date 
21 and time if mutually agreed upon by the employer and 
22 the exclusive representative; and
23   (D) the right to use the facility mailboxes and 
24 bulletin boards of the employer to communicate with 
25 bargaining unit employees regarding collective 
26 bargaining negotiations, the administration of the 
 
 
10100SB1784ham001- 36 -LRB101 11042 HLH 61455 a


1 collective bargaining agreements, the investigation of 
2 grievances, other workplace-related complaints and 
3 issues, and internal matters involving the governance 
4 or business of the exclusive representative.
5  Nothing in this Section shall prohibit an employer and 
6 exclusive representative from agreeing in a collective 
7 bargaining agreement to provide the exclusive 
8 representative greater access to bargaining unit 
9 employees, including through the use of the employer's 
10 email system.
11  (2) Information about employees includes, but is not 
12 limited to, the following:
13   (A) within 10 calendar days from the beginning of 
14 every school term and every 30 calendar days thereafter 
15 in the school term, in an Excel file or other editable 
16 digital file format agreed to by the exclusive 
17 representative, the employee's name, job title, 
18 worksite location, home address, work telephone 
19 numbers, identification number if available, and any 
20 home and personal cellular telephone numbers on file 
21 with the employer, date of hire, work email address, 
22 and any personal email address on file with the 
23 employer; and
24   (B) unless otherwise mutually agreed upon, within 
25 10 calendar days from the date of hire of a bargaining 
26 unit employee, in an electronic file or other format 
 
 
10100SB1784ham001- 37 -LRB101 11042 HLH 61455 a


1 agreed to by the exclusive representative, the 
2 employee's name, job title, worksite location, home 
3 address, work telephone numbers, and any home and 
4 personal cellular telephone numbers on file with the 
5 employer, date of hire, work email address, and any 
6 personal email address on file with the employer.
7 (d) No employer shall disclose the following information of 
8any employee: (1) the employee's home address (including ZIP 
9code and county); (2) the employee's date of birth; (3) the 
10employee's home and personal phone number; (4) the employee's 
11personal email address; (5) any information personally 
12identifying employee membership or membership status in a labor 
13organization or other voluntary association affiliated with a 
14labor organization or a labor federation (including whether 
15employees are members of such organization, the identity of 
16such organization, whether or not employees pay or authorize 
17the payment of any dues of moneys to such organization, and the 
18amounts of such dues or moneys); and (6) emails or other 
19communications between a labor organization and its members.
20  As soon as practicable after receiving a request for any 
21information prohibited from disclosure under this subsection 
22(d), excluding a request from the exclusive bargaining 
23representative of the employee, the employer must provide a 
24written copy of the request, or a written summary of any oral 
25request, to the exclusive bargaining representative of the 
26employee or, if no such representative exists, to the employee. 
 
 
10100SB1784ham001- 38 -LRB101 11042 HLH 61455 a


1The employer must also provide a copy of any response it has 
2made within 5 business days of sending the response to any 
3request.
4 If an employer discloses information in violation of this 
5subsection (d), an aggrieved employee of the employer or his or 
6her exclusive bargaining representative may file an unfair 
7labor practice charge with the Illinois Educational Labor 
8Relations Board pursuant to Section 14 of this Act or commence 
9an action in the circuit court to enforce the provisions of 
10this Act, including actions to compel compliance, if an 
11employer willfully and wantonly discloses information in 
12violation of this subsection. The circuit court for the county 
13in which the complainant resides, in which the complainant is 
14employed, or in which the employer is located shall have 
15jurisdiction in this matter.
16 This subsection does not apply to disclosures (i) required 
17under the Freedom of Information Act, (ii) for purposes of 
18conducting public operations or business, or (iii) to the 
19exclusive representative.
20(Source: P.A. 83-1014.)


21 (115 ILCS 5/11.1 new)
22 Sec. 11.1. Dues collection.
23 (a) Employers shall make payroll deductions of employee 
24organization dues, initiation fees, assessments, and other 
25payments for an employee organization that is the exclusive 
 
 
10100SB1784ham001- 39 -LRB101 11042 HLH 61455 a


1representative. Such deductions shall be made in accordance 
2with the terms of an employee's written authorization and shall 
3be paid to the exclusive representative. Written authorization 
4may be evidenced by electronic communications, and such writing 
5or communication may be evidenced by the electronic signature 
6of the employee as provided under Section 5-120 of the 
7Electronic Commerce Security Act.
8 There is no impediment to an employee's right to resign 
9union membership at any time. However, notwithstanding any 
10other provision of law to the contrary regarding authorization 
11and deduction of dues, the exclusive representative and an 
12educational employee may agree to reasonable limits on the 
13right of the employee to revoke such authorization, including a 
14period of irrevocability that exceeds one year. An 
15authorization that is irrevocable for one year, which may be 
16automatically renewed for successive annual periods in 
17accordance with the terms of the authorization, and that 
18contains at least an annual 10-day period of time during which 
19the educational employee may revoke the authorization, shall be 
20deemed reasonable. This Section shall apply to all claims that 
21allege that an educational employer or employee organization 
22has improperly deducted or collected dues from an employee 
23without regard to whether the claims or the facts upon which 
24they are based occurred before, on, or after the effective date 
25of this amendatory Act of the 101st General Assembly and shall 
26apply retroactively to the maximum extent permitted by law.
 
 
10100SB1784ham001- 40 -LRB101 11042 HLH 61455 a


1 (b) Upon receiving written notice of the authorization, the 
2educational employer must commence dues deductions as soon as 
3practicable, but in no case later than 30 days after receiving 
4notice from the employee organization. Employee deductions 
5shall be transmitted to the employee organization no later than 
610 days after they are deducted unless a shorter period is 
7mutually agreed to.
8 (c) Deductions shall remain in effect until:
9  (1) the educational employer receives notice that an 
10 educational employee has revoked his or her authorization 
11 in writing in accordance with the terms of the 
12 authorization; or
13  (2) the individual educational employee is no longer 
14 employed by the educational employer in a bargaining unit 
15 position represented by the same exclusive representative; 
16 provided that if such employee is, within a period of one 
17 year, employed by the same educational employer in a 
18 position represented by the same employee organization, 
19 the right to dues deduction shall be automatically 
20 reinstated.
21 Nothing in this subsection prevents an employee from 
22continuing to authorize payroll deductions when no longer 
23represented by the exclusive representative that would receive 
24those deductions. 
25 Should the individual educational employee who has signed a 
26dues deduction authorization card either be removed from an 
 
 
10100SB1784ham001- 41 -LRB101 11042 HLH 61455 a


1educational employer's payroll or otherwise placed on any type 
2of involuntary or voluntary leave of absence, whether paid or 
3unpaid, the employee's dues deduction shall be continued upon 
4that employee's return to the payroll in a bargaining unit 
5position represented by the same exclusive representative or 
6restoration to active duty from such a leave of absence.
7 (d) Unless otherwise mutually agreed by the educational 
8employer and the exclusive representative, employee requests 
9to authorize, revoke, cancel, or change authorizations for 
10payroll deductions for employee organizations shall be 
11directed to the employee organization rather than to the 
12educational employer. The employee organization shall be 
13responsible for initially processing and notifying the 
14educational employer of proper requests or providing proper 
15requests to the employer. If the requests are not provided to 
16the educational employer, the employer shall rely on 
17information provided by the employee organization regarding 
18whether deductions for an employee organization were properly 
19authorized, revoked, canceled, or changed, and the employee 
20organization shall indemnify the educational employer for any 
21damages and reasonable costs incurred for any claims made by 
22educational employees for deductions made in good faith 
23reliance on that information.
24 (e) Upon receipt by the exclusive representative of an 
25appropriate written authorization from an individual 
26educational employee, written notice of authorization shall be 
 
 
10100SB1784ham001- 42 -LRB101 11042 HLH 61455 a


1provided to the educational employer and any authorized 
2deductions shall be made in accordance with law. The employee 
3organization shall indemnify the educational employer for any 
4damages and reasonable costs incurred for any claims made by an 
5educational employee for deductions made in good faith reliance 
6on its notification.
7 (f) The failure of an educational employer to comply with 
8the provisions of this Section shall be a violation of the duty 
9to bargain and an unfair labor practice. Relief for the 
10violation shall be reimbursement by the educational employer of 
11dues that should have been deducted or paid based on a valid 
12authorization given by the educational employee or employees. 
13In addition, the provisions of a collective bargaining 
14agreement that contain the obligations set forth in this 
15Section may be enforced in accordance with Section 10.
16 (g) The Illinois Educational Labor Relations Board shall 
17have exclusive jurisdiction over claims under Illinois law that 
18allege an educational employer or employee organization has 
19unlawfully deducted or collected dues from an educational 
20employee in violation of this Act. The Board shall by rule 
21require that in cases in which an educational employee alleges 
22that an employee organization has unlawfully collected dues, 
23the educational employer shall continue to deduct the 
24employee's dues from the employee's pay, but shall transmit the 
25dues to the Board for deposit in an escrow account maintained 
26by the Board. If the exclusive representative maintains an 
 
 
10100SB1784ham001- 43 -LRB101 11042 HLH 61455 a


1escrow account for the purpose of holding dues to which an 
2employee has objected, the employer shall transmit the entire 
3amount of dues to the exclusive representative, and the 
4exclusive representative shall hold in escrow the dues that the 
5employer would otherwise have been required to transmit to the 
6Board for escrow; provided that the escrow account maintained 
7by the exclusive representative complies with rules adopted by 
8the Board or that the collective bargaining agreement requiring 
9the payment of the dues contains an indemnification provision 
10for the purpose of indemnifying the employer with respect to 
11the employer's transmission of dues to the exclusive 
12representative.
13 (h) If a collective bargaining agreement that includes a 
14dues deduction clause expires or continues in effect beyond its 
15scheduled expiration date pending the negotiation of a 
16successor agreement, then the employer shall continue to honor 
17and abide by the dues deduction clause until a new agreement 
18that includes a dues deduction clause is reached. Failure to 
19honor and abide by the dues deduction clause for the benefit of 
20any exclusive representative as set forth in this subsection 
21(h) shall be a violation of the duty to bargain and an unfair 
22labor practice. For the benefit of any successor exclusive 
23representative certified under this Act, this provision shall 
24be applicable, provided the successor exclusive representative 
25presents the employer with employee written authorizations or 
26certifications from the exclusive representative for the 
 
 
10100SB1784ham001- 44 -LRB101 11042 HLH 61455 a


1deduction of dues, assessments, and fees under this subsection 
2(h).
3 (i)(1) If any clause, sentence, paragraph, or subdivision 
4of this Section shall be adjudged by a court of competent 
5jurisdiction to be unconstitutional or otherwise invalid, that 
6judgment shall not affect, impair, or invalidate the remainder 
7thereof, but shall be confined in its operation to the clause, 
8sentence, paragraph, or subdivision of this Section directly 
9involved in the controversy in which such judgment shall have 
10been rendered.
11 (2) If any clause, sentence, paragraph, or part of a signed 
12authorization for payroll deductions shall be adjudged by a 
13court of competent jurisdiction to be unconstitutional or 
14otherwise invalid, that judgment shall not affect, impair, or 
15invalidate the remainder of the signed authorization, but shall 
16be confined in its operation to the clause, sentence, 
17paragraph, or part of the signed authorization directly 
18involved in the controversy in which such judgment shall have 
19been rendered.

20 (115 ILCS 5/11.2 new)
21 Sec. 11.2. Defense to liability.
22 (a) The General Assembly declares that educational 
23employees who paid agency or fair share fees as a condition of 
24employment in accordance with State laws and United States 
25Supreme Court precedent prior to June 27, 2018 had no 
 
 
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1legitimate expectation of receiving that money back under any 
2then available cause of action. Educational employers and 
3employee organizations who relied on State law and United 
4States Supreme Court precedent in deducting and accepting those 
5fees were not liable to refund them. Agency or fair share fees 
6were paid for collective bargaining representation that 
7employee organizations were obligated by State law to provide 
8to employees. Additionally, it should be presumed that 
9educational employees who signed written membership or dues 
10authorization agreements prior to this time knew and freely 
11accepted the contractual obligations set forth in those 
12agreements. Application of this Section to claims pending on 
13the effective date of this amendatory Act of the 101st General 
14Assembly will preserve, rather than interfere with, important 
15reliance interests. This Section is therefore necessary to 
16provide certainty to educational employers and employee 
17organizations that relied on State law and to avoid disruption 
18of educational labor relations after the United States Supreme 
19Court's decision in Janus v. AFSCME Council 31, 138 S. Ct. 2448 
20(2018).
21 (b) No educational employer or employee organization or any 
22of its employees or agents shall be liable for, and shall have 
23a complete defense to, any claims or actions under the laws of 
24this State for requiring, deducting, receiving, or retaining 
25dues, agency fees, or fair share fees from educational 
26employees, and current or former educational employees shall 
 
 
10100SB1784ham001- 46 -LRB101 11042 HLH 61455 a


1not have standing to pursue these claims or actions, if the 
2dues or fees were permitted under the laws of this State then 
3in force and paid, through payroll deduction or otherwise, 
4prior to June 27, 2018.
5 (c) This Section shall apply to claims and actions pending 
6on the effective date of this amendatory Act of the 101st 
7General Assembly, as well to claims and actions on or after 
8that date.
9 (d) This Section is a declaration of existing law and shall 
10not be construed as a new enactment.




11 (115 ILCS 5/14) (from Ch. 48, par. 1714)



12 Sec. 14. Unfair labor practices. 

13 (a) Educational employers, their agents
or representatives 
14are prohibited from:


15  (1) Interfering, restraining or coercing employees in 
16 the exercise of
the rights guaranteed under this Act.


17  (2) Dominating or interfering with the formation, 
18 existence or
administration of any employee organization.


19  (3) Discriminating in regard to hire or tenure of 
20 employment or any term
or condition of employment to 
21 encourage or discourage membership in any
employee 
22 organization.


23  (4) Discharging or otherwise discriminating against an 
24 employee because
he or she has signed or filed an 
25 affidavit, authorization card, petition or
complaint or 
 
 
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1 given any information or testimony under this Act.


2  (5) Refusing to bargain collectively in good faith with 
3 an employee
representative which is the exclusive 
4 representative of employees in an
appropriate unit, 
5 including but not limited to the discussing of grievances

6 with the exclusive representative; provided, however, that 
7 if an alleged
unfair labor practice involves 
8 interpretation or application of the terms
of a collective 
9 bargaining agreement and said agreement contains a

10 grievance and arbitration procedure, the Board may defer 
11 the resolution of
such dispute to the grievance and 
12 arbitration procedure contained in said
agreement.


13  (6) Refusing to reduce a collective bargaining 
14 agreement to writing and
signing such agreement.


15  (7) Violating any of the rules and regulations 
16 promulgated by the Board
regulating the conduct of 
17 representation elections.


18  (8) Refusing to comply with the provisions of a binding 
19 arbitration award.


20  (9) Expending or causing the expenditure of public 
21 funds to any
external agent, individual, firm, agency, 
22 partnership or association in any
attempt to influence the 
23 outcome of representational elections held
pursuant to 
24 paragraph (c) of Section 7 of this Act; provided, that 
25 nothing
in this subsection shall be construed to limit an 
26 employer's right to be
represented on any matter pertaining 
 
 
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1 to unit determinations, unfair labor
practice charges or 
2 pre-election conferences in any formal or informal

3 proceeding before the Board, or to seek or obtain advice 
4 from legal counsel.
Nothing in this paragraph shall be 
5 construed to prohibit an employer from
expending or causing 
6 the expenditure of public funds on, or seeking or
obtaining 
7 services or advice from, any organization, group or 
8 association
established by, and including educational or 
9 public employers, whether or
not covered by this Act, the 
10 Illinois Public Labor Relations Act or the
public 
11 employment labor relations law of any other state or the 
12 federal
government, provided that such services or advice 
13 are generally available
to the membership of the 
14 organization, group, or association, and are not
offered 
15 solely in an attempt to influence the outcome of a 
16 particular
representational election.

17  (10) Interfering with, restraining, coercing, 
18 deterring or discouraging educational employees or 
19 applicants to be educational employees from: (1) becoming 
20 members of an employee organization; (2) authorizing 
21 representation by an employee organization; or (3) 
22 authorizing dues or fee deductions to an employee 
23 organization, nor shall the employer intentionally permit 
24 outside third parties to use its email or other 
25 communications systems to engage in that conduct. An 
26 employer's good faith implementation of a policy to block 
 
 
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1 the use of its email or other communication systems for 
2 such purposes shall be defense to an unfair labor practice. 
3  (11) Disclosing to any person or entity information set 
4 forth in subsection (d) Section 3 of this Act that the 
5 employer knows or should know will be used to interfere 
6 with, restrain, coerce, deter, or discourage any public 
7 employee from: (i) becoming or remaining members of a labor 
8 organization, (ii) authorizing representation by a labor 
9 organization, or (iii) authorizing dues or fee deductions 
10 to a labor organization. 
11 (b) Employee organizations, their agents or 
12representatives or educational
employees are prohibited from:


13  (1) Restraining or coercing employees in the exercise 
14 of the rights
guaranteed under this Act, provided that a 
15 labor organization or its
agents shall commit an unfair 
16 labor practice under this paragraph in duty
of fair 
17 representation cases only by intentional misconduct in 
18 representing
employees under this Act.


19  (2) Restraining or coercing an educational employer in 
20 the selection of
his representative for the purposes of 
21 collective bargaining or the adjustment
of grievances.


22  (3) Refusing to bargain collectively in good faith with 
23 an educational
employer, if they have been designated in 
24 accordance with the provisions
of this Act as the exclusive 
25 representative of employees in an appropriate
unit.


26  (4) Violating any of the rules and regulations 
 
 
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1 promulgated by the Board
regulating the conduct of 
2 representation elections.


3  (5) Refusing to reduce a collective bargaining 
4 agreement to writing and
signing such agreement.


5  (6) Refusing to comply with the provisions of a binding 
6 arbitration award.

7 (c) The expressing of any views, argument, opinion or the

8dissemination thereof, whether in written, printed, graphic or 
9visual form,
shall not constitute or be evidence of an unfair 
10labor practice under any
of the provisions of this Act, if such 
11expression contains no threat of
reprisal or force or promise 
12of benefit.

13 (c-5) The employer shall not discourage public employees or 
14applicants to be public employees from becoming or remaining 
15union members or authorizing dues deductions, and shall not 
16otherwise interfere with the relationship between employees 
17and their exclusive bargaining representative. The employer 
18shall refer all inquiries about union membership to the 
19exclusive bargaining representative, except that the employer 
20may communicate with employees regarding payroll processes and 
21procedures. The employer will establish email policies in an 
22effort to prohibit the use of its email system by outside 
23sources.
24 (d) The actions of a Financial Oversight Panel created 
25pursuant to Section
1A-8
of the School Code due to a district 
26violating a financial plan shall not
constitute or be evidence 
 
 
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1of an unfair labor practice under any of the
provisions of this 
2Act. Such actions include, but are not limited to,
reviewing, 
3approving, or rejecting a school district budget or a 
4collective
bargaining agreement.

5(Source: P.A. 89-572, eff. 7-30-96.)



6 Section 99. Effective date. This Act takes effect upon 
7becoming law.".