093_HB2221sam002











                                     LRB093 06402 BDD 15545 a

 1                    AMENDMENT TO HOUSE BILL 2221

 2        AMENDMENT NO.     .  Amend House Bill 2221  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois Public Labor Relations Act is
 5    amended by changing Section 3 as follows:

 6        (5 ILCS 315/3) (from Ch. 48, par. 1603)
 7        Sec. 3.  Definitions.  As used in this  Act,  unless  the
 8    context otherwise requires:
 9        (a)  "Board" means the Illinois Labor Relations Board or,
10    with  respect  to a matter over which the jurisdiction of the
11    Board is assigned to the State Panel or the Local Panel under
12    Section 5, the panel having jurisdiction over the matter.
13        (b)  "Collective bargaining" means bargaining over  terms
14    and  conditions  of  employment,  including hours, wages, and
15    other conditions of employment, as detailed in Section 7  and
16    which are not excluded by Section 4.
17        (c)  "Confidential  employee"  means  an employee who, in
18    the regular course of his or her duties, assists and acts  in
19    a  confidential capacity to persons who formulate, determine,
20    and effectuate  management  policies  with  regard  to  labor
21    relations or who, in the regular course of his or her duties,
22    has   authorized   access  to  information  relating  to  the
 
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 1    effectuation  or  review   of   the   employer's   collective
 2    bargaining policies.
 3        (d)  "Craft  employees"  means skilled journeymen, crafts
 4    persons, and their apprentices and helpers.
 5        (e)  "Essential services employees"  means  those  public
 6    employees   performing   functions   so  essential  that  the
 7    interruption or termination of the function will constitute a
 8    clear and present danger to the  health  and  safety  of  the
 9    persons in the affected community.
10        (f)  "Exclusive  representative",  except with respect to
11    non-State fire  fighters  and  paramedics  employed  by  fire
12    departments  and  fire  protection districts, non-State peace
13    officers, and peace  officers  in  the  Department  of  State
14    Police,  means  the  labor  organization  that  has  been (i)
15    designated by the Board as the representative of  a  majority
16    of  public  employees  in  an  appropriate bargaining unit in
17    accordance with the procedures contained in  this  Act,  (ii)
18    historically  recognized  by  the  State  of  Illinois or any
19    political subdivision of the State before July 1,  1984  (the
20    effective  date  of this Act) as the exclusive representative
21    of the employees in an appropriate bargaining unit, or  (iii)
22    after   July  1,  1984  (the  effective  date  of  this  Act)
23    recognized by an employer upon evidence,  acceptable  to  the
24    Board, that the labor organization has been designated as the
25    exclusive representative by a majority of the employees in an
26    appropriate  bargaining  unit;  or  (iv)  recognized  as  the
27    exclusive  representative  of  personal  care  attendants  or
28    personal assistants under Executive Order 2003-8 prior to the
29    effective  date  of  this  amendatory Act of the 93rd General
30    Assembly, and the organization shall be considered to be  the
31    exclusive  representative  of the personal care attendants or
32    personal assistants as defined in this Section.
33        With respect to non-State fire  fighters  and  paramedics
34    employed  by  fire departments and fire protection districts,
 
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 1    non-State  peace  officers,  and  peace   officers   in   the
 2    Department  of State Police, "exclusive representative" means
 3    the labor organization that has been (i)  designated  by  the
 4    Board  as  the representative of a majority of peace officers
 5    or  fire  fighters  in  an  appropriate  bargaining  unit  in
 6    accordance with the procedures contained in  this  Act,  (ii)
 7    historically  recognized  by  the  State  of  Illinois or any
 8    political subdivision of the State  before  January  1,  1986
 9    (the  effective  date  of this amendatory Act of 1985) as the
10    exclusive representative by a majority of the peace  officers
11    or  fire fighters in an appropriate bargaining unit, or (iii)
12    after January 1, 1986 (the effective date of this  amendatory
13    Act  of  1985)  recognized  by  an  employer  upon  evidence,
14    acceptable to the Board, that the labor organization has been
15    designated  as  the exclusive representative by a majority of
16    the  peace  officers  or  fire  fighters  in  an  appropriate
17    bargaining unit.
18        (g)  "Fair share agreement" means  an  agreement  between
19    the  employer and an employee organization under which all or
20    any of the employees in  a  collective  bargaining  unit  are
21    required to pay their proportionate share of the costs of the
22    collective  bargaining  process, contract administration, and
23    pursuing matters affecting wages, hours, and other conditions
24    of employment, but not to exceed the amount of dues uniformly
25    required of members. The amount certified  by  the  exclusive
26    representative  shall  not include any fees for contributions
27    related to the election  or  support  of  any  candidate  for
28    political  office.  Nothing  in  this  subsection  (g)  shall
29    preclude   an   employee   from  making  voluntary  political
30    contributions in conjunction  with  his  or  her  fair  share
31    payment.
32        (g-1)  "Fire fighter" means, for the purposes of this Act
33    only,  any person who has been or is hereafter appointed to a
34    fire department or fire protection district or employed by  a
 
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 1    state  university  and  sworn or commissioned to perform fire
 2    fighter duties or paramedic duties, except that the following
 3    persons are not included: part-time fire fighters, auxiliary,
 4    reserve or voluntary fire fighters,  including  paid  on-call
 5    fire  fighters,  clerks  and  dispatchers  or  other civilian
 6    employees of a fire department or  fire  protection  district
 7    who  are  not  routinely  expected  to  perform  fire fighter
 8    duties, or elected officials.
 9        (g-2)  "General Assembly of the State of Illinois"  means
10    the  legislative  branch  of  the  government of the State of
11    Illinois,  as  provided  for  under   Article   IV   of   the
12    Constitution  of  the  State of Illinois, and includes but is
13    not limited to the House of Representatives, the Senate,  the
14    Speaker  of the House of Representatives, the Minority Leader
15    of the House of Representatives, the President of the Senate,
16    the Minority Leader of the Senate,  the  Joint  Committee  on
17    Legislative  Support  Services  and  any  legislative support
18    services  agency  listed  in   the   Legislative   Commission
19    Reorganization Act of 1984.
20        (h)  "Governing  body"  means,  in the case of the State,
21    the State Panel of the Illinois Labor  Relations  Board,  the
22    Director  of  the  Department of Central Management Services,
23    and the Director of the Department of Labor; the county board
24    in the case of a county; the  corporate  authorities  in  the
25    case  of  a municipality; and the appropriate body authorized
26    to provide for expenditures of its funds in the case  of  any
27    other unit of government.
28        (i)  "Labor organization" means any organization in which
29    public employees participate and that exists for the purpose,
30    in  whole  or  in  part,  of  dealing  with a public employer
31    concerning wages, hours, and other terms  and  conditions  of
32    employment, including the settlement of grievances.
33        (j)  "Managerial  employee"  means  an  individual who is
34    engaged predominantly in executive and  management  functions
 
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 1    and  is  charged  with  the  responsibility  of directing the
 2    effectuation of management policies and practices.
 3        (k)  "Peace officer" means, for the purposes of this  Act
 4    only, any persons who have been or are hereafter appointed to
 5    a   police   force,   department,  or  agency  and  sworn  or
 6    commissioned  to  perform  police  duties,  except  that  the
 7    following  persons  are  not   included:   part-time   police
 8    officers,   special  police  officers,  auxiliary  police  as
 9    defined by Section 3.1-30-20 of the Illinois Municipal  Code,
10    night watchmen, "merchant police", court security officers as
11    defined  by  Section 3-6012.1 of the Counties Code, temporary
12    employees, traffic guards or wardens, civilian parking  meter
13    and   parking   facilities  personnel  or  other  individuals
14    specially appointed to aid  or  direct  traffic  at  or  near
15    schools  or  public  functions  or to aid in civil defense or
16    disaster,  parking  enforcement   employees   who   are   not
17    commissioned  as peace officers and who are not armed and who
18    are not routinely expected to  effect  arrests,  parking  lot
19    attendants,   clerks   and   dispatchers  or  other  civilian
20    employees of  a  police  department  who  are  not  routinely
21    expected to effect arrests, or elected officials.
22        (l)  "Person"  includes  one  or  more individuals, labor
23    organizations, public employees, associations,  corporations,
24    legal  representatives,  trustees,  trustees  in  bankruptcy,
25    receivers,   or  the  State  of  Illinois  or  any  political
26    subdivision of the State or  governing  body,  but  does  not
27    include  the General Assembly of the State of Illinois or any
28    individual employed by the General Assembly of the  State  of
29    Illinois.
30        (m)  "Professional  employee"  means any employee engaged
31    in work predominantly intellectual and  varied  in  character
32    rather  than  routine  mental, manual, mechanical or physical
33    work; involving the consistent  exercise  of  discretion  and
34    adjustment  in  its performance; of such a character that the
 
                            -6-      LRB093 06402 BDD 15545 a
 1    output  produced  or  the  result  accomplished   cannot   be
 2    standardized  in  relation  to  a  given  period of time; and
 3    requiring  advanced  knowledge  in  a  field  of  science  or
 4    learning  customarily  acquired  by  a  prolonged  course  of
 5    specialized  intellectual  instruction  and   study   in   an
 6    institution   of   higher   learning   or   a   hospital,  as
 7    distinguished from  a  general  academic  education  or  from
 8    apprenticeship or from training in the performance of routine
 9    mental,  manual,  or  physical processes; or any employee who
10    has  completed  the  courses  of   specialized   intellectual
11    instruction  and  study prescribed in this subsection (m) and
12    is  performing  related  work  under  the  supervision  of  a
13    professional person  to  qualify  to  become  a  professional
14    employee as defined in this subsection (m).
15        (n)  "Public employee" or "employee", for the purposes of
16    this Act, means any individual employed by a public employer,
17    including  interns  and residents at public hospitals and, as
18    of the effective date of this  amendatory  Act  of  the  93rd
19    General  Assembly,  but  not before, personal care attendants
20    and personal  assistants  working  under  the  Home  Services
21    Program   under   Section   3   of   the   Disabled   Persons
22    Rehabilitation  Act,  but  excluding  all  of  the following:
23    employees of the General Assembly of the State  of  Illinois;
24    elected  officials;  executive heads of a department; members
25    of boards or commissions; employees of any agency,  board  or
26    commission  created by this Act; employees appointed to State
27    positions of a temporary or emergency nature;  all  employees
28    of  school districts and higher education institutions except
29    firefighters  and  peace  officers  employed   by   a   state
30    university;   managerial   employees;  short-term  employees;
31    confidential   employees;   independent   contractors;    and
32    supervisors except as provided in this Act.
33        Notwithstanding  Section  9, subsection (c), or any other
34    provisions of this Act, all peace officers above the rank  of
 
                            -7-      LRB093 06402 BDD 15545 a
 1    captain   in   municipalities   with   more   than  1,000,000
 2    inhabitants shall be excluded from this Act.
 3        (o)  "Public employer" or "employer" means the  State  of
 4    Illinois;  any  political  subdivision  of the State, unit of
 5    local government or school  district;  authorities  including
 6    departments,  divisions,  bureaus,  boards,  commissions,  or
 7    other  agencies  of  the  foregoing  entities; and any person
 8    acting within the scope of his or her authority,  express  or
 9    implied,  on  behalf  of  those  entities in dealing with its
10    employees. As of the effective date of this amendatory Act of
11    the 93rd General Assembly,  but  not  before,  the  State  of
12    Illinois  shall  be  considered  the employer of the personal
13    care attendants and personal  assistants  working  under  the
14    Home Services Program under Section 3 of the Disabled Persons
15    Rehabilitation  Act.  "Public employer" or "employer" as used
16    in this Act, however, does not mean and shall not include the
17    General Assembly of the State  of  Illinois  and  educational
18    employers or employers as defined in the Illinois Educational
19    Labor   Relations   Act,  except  with  respect  to  a  state
20    university  in  its  employment  of  firefighters  and  peace
21    officers.   County  boards  and  county  sheriffs  shall   be
22    designated  as joint or co-employers of county peace officers
23    appointed under the authority of a county  sheriff.   Nothing
24    in  this  subsection  (o)  shall  be construed to prevent the
25    State  Panel  or  the  Local  Panel  from  determining   that
26    employers are joint or co-employers.
27        (p)  "Security   employee"   means  an  employee  who  is
28    responsible for the supervision and  control  of  inmates  at
29    correctional   facilities.   The  term  also  includes  other
30    non-security  employees  in  bargaining  units   having   the
31    majority  of  employees being responsible for the supervision
32    and control of inmates at correctional facilities.
33        (q)  "Short-term  employee"  means  an  employee  who  is
34    employed for less than 2 consecutive calendar quarters during
 
                            -8-      LRB093 06402 BDD 15545 a
 1    a calendar year and who does not have a reasonable  assurance
 2    that  he  or she will be rehired by the same employer for the
 3    same service in a subsequent calendar year.
 4        (r)  "Supervisor" is an employee whose principal work  is
 5    substantially  different from that of his or her subordinates
 6    and who has authority, in the interest of  the  employer,  to
 7    hire, transfer, suspend, lay off, recall, promote, discharge,
 8    direct,  reward,  or  discipline  employees,  to adjust their
 9    grievances, or to effectively recommend any of those actions,
10    if the exercise of that authority is not of a merely  routine
11    or  clerical  nature,  but  requires  the  consistent  use of
12    independent  judgment.  Except   with   respect   to   police
13    employment,   the   term  "supervisor"  includes  only  those
14    individuals who devote a preponderance  of  their  employment
15    time   to   exercising   that  authority,  State  supervisors
16    notwithstanding.  In  addition,  in  determining  supervisory
17    status in police employment, rank shall not be determinative.
18    The  Board  shall  consider,  as  evidence of bargaining unit
19    inclusion or exclusion, the common law  enforcement  policies
20    and   relationships   between   police   officer   ranks  and
21    certification under applicable civil service law, ordinances,
22    personnel codes,  or  Division  2.1  of  Article  10  of  the
23    Illinois  Municipal  Code, but these factors shall not be the
24    sole or  predominant  factors  considered  by  the  Board  in
25    determining police supervisory status.
26        Notwithstanding   the   provisions   of   the   preceding
27    paragraph,  in determining supervisory status in fire fighter
28    employment, no fire fighter shall be excluded as a supervisor
29    who has established representation rights under Section 9  of
30    this  Act.   Further,  in  new  fire fighter units, employees
31    shall consist of fire fighters of the rank of company officer
32    and below. If a company  officer  otherwise  qualifies  as  a
33    supervisor  under the preceding paragraph, however, he or she
34    shall not be included in the fire fighter unit.  If there  is
 
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 1    no  rank  between  that  of  chief  and  the  highest company
 2    officer, the employer may designate a position on each  shift
 3    as  a  Shift  Commander,  and  the  persons  occupying  those
 4    positions  shall  be supervisors.  All other ranks above that
 5    of company officer shall be supervisors.
 6        (s) (1)  "Unit" means a class of jobs or  positions  that
 7        are  held  by  employees  whose  collective interests may
 8        suitably be  represented  by  a  labor  organization  for
 9        collective  bargaining.  Except with respect to non-State
10        fire fighters and paramedics employed by fire departments
11        and fire protection districts, non-State peace  officers,
12        and  peace  officers in the Department of State Police, a
13        bargaining unit determined by the Board shall not include
14        both employees  and  supervisors,  or  supervisors  only,
15        except  as  provided  in paragraph (2) of this subsection
16        (s) and except for bargaining units in existence on  July
17        1,  1984  (the effective date of this Act).  With respect
18        to non-State fire fighters  and  paramedics  employed  by
19        fire departments and fire protection districts, non-State
20        peace  officers,  and peace officers in the Department of
21        State Police, a bargaining unit determined by  the  Board
22        shall not include both supervisors and nonsupervisors, or
23        supervisors  only, except as provided in paragraph (2) of
24        this subsection (s) and except for  bargaining  units  in
25        existence  on January 1, 1986 (the effective date of this
26        amendatory Act of 1985).  A bargaining unit determined by
27        the Board to contain  peace  officers  shall  contain  no
28        employees  other  than  peace  officers  unless otherwise
29        agreed to by the employer and the labor  organization  or
30        labor  organizations involved.  Notwithstanding any other
31        provision of this Act, a  bargaining  unit,  including  a
32        historical   bargaining   unit,  containing  sworn  peace
33        officers of the Department of Natural Resources (formerly
34        designated the Department of Conservation) shall  contain
 
                            -10-     LRB093 06402 BDD 15545 a
 1        no  employees  other  than such sworn peace officers upon
 2        the effective date of this amendatory Act of 1990 or upon
 3        the  expiration  date  of   any   collective   bargaining
 4        agreement  in  effect  upon  the  effective  date of this
 5        amendatory Act of 1990 covering  both  such  sworn  peace
 6        officers and other employees.
 7             (2)  Notwithstanding  the  exclusion  of supervisors
 8        from bargaining units as provided  in  paragraph  (1)  of
 9        this  subsection  (s),  a  public  employer  may agree to
10        permit its supervisory employees to form bargaining units
11        and may bargain with those units.  This Act  shall  apply
12        if  the  public  employer  chooses  to bargain under this
13        subsection.
14    (Source: P.A.  90-14,  eff.  7-1-97;  90-655,  eff.  7-30-98;
15    91-798, eff. 7-9-00.)

16        Section 10.  The Disabled Persons Rehabilitation  Act  is
17    amended by changing Section 3 as follows:

18        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
19        Sec. 3.  Powers and duties. The Department shall have the
20    powers and duties enumerated herein:
21        (a)  To  co-operate  with  the  federal government in the
22    administration   of   the   provisions   of    the    federal
23    Rehabilitation  Act  of  1973,  as  amended, of the Workforce
24    Investment Act of 1998, and of the  federal  Social  Security
25    Act to the extent and in the manner provided in these Acts.
26        (b)  To   prescribe   and   supervise   such  courses  of
27    vocational training and provide such other services as may be
28    necessary for the habilitation and rehabilitation of  persons
29    with  one  or more disabilities, including the administrative
30    activities under subsection  (e)  of  this  Section,  and  to
31    co-operate  with State and local school authorities and other
32    recognized agencies engaged in  habilitation,  rehabilitation
 
                            -11-     LRB093 06402 BDD 15545 a
 1    and  comprehensive  rehabilitation services; and to cooperate
 2    with the Department of Children and Family Services regarding
 3    the  care  and  education  of  children  with  one  or   more
 4    disabilities.
 5        (c)  (Blank).
 6        (d)  To  report  in writing, to the Governor, annually on
 7    or before the first day of December, and at such other  times
 8    and in such manner and upon such subjects as the Governor may
 9    require.   The annual report shall contain (1) a statement of
10    the  existing  condition  of   comprehensive   rehabilitation
11    services, habilitation and rehabilitation in the State; (2) a
12    statement  of  suggestions and recommendations with reference
13    to the development of comprehensive rehabilitation  services,
14    habilitation  and  rehabilitation  in  the  State; and (3) an
15    itemized statement of the  amounts  of  money  received  from
16    federal,  State  and  other  sources,  and of the objects and
17    purposes to which  the  respective  items  of  these  several
18    amounts have been devoted.
19        (e)  (Blank).
20        (f)  To  establish  a  program  of  services  to  prevent
21    unnecessary  institutionalization of persons with Alzheimer's
22    disease and related disorders or persons in need of long term
23    care who are established as blind or disabled as  defined  by
24    the  Social  Security Act, thereby enabling them to remain in
25    their own homes or other living arrangements. Such preventive
26    services may include, but are not limited to, any or  all  of
27    the following:
28             (1)  home health services;
29             (2)  home nursing services;
30             (3)  homemaker services;
31             (4)  chore and housekeeping services;
32             (5)  day care services;
33             (6)  home-delivered meals;
34             (7)  education in self-care;
 
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 1             (8)  personal care services;
 2             (9)  adult day health services;
 3             (10)  habilitation services;
 4             (11)  respite care; or
 5             (12)  other  nonmedical  social  services  that  may
 6        enable the person to become self-supporting.
 7        The  Department shall establish eligibility standards for
 8    such services taking into consideration the  unique  economic
 9    and  social  needs  of the population for whom they are to be
10    provided.  Such eligibility standards may  be  based  on  the
11    recipient's  ability  to pay for services; provided, however,
12    that any portion of a person's income that  is  equal  to  or
13    less   than   the  "protected  income"  level  shall  not  be
14    considered by the Department in determining eligibility.  The
15    "protected  income"  level  shall  be   determined   by   the
16    Department,  shall  never  be  less  than the federal poverty
17    standard, and shall be adjusted each year to reflect  changes
18    in  the  Consumer  Price  Index  For  All  Urban Consumers as
19    determined  by  the  United  States  Department   of   Labor.
20    Additionally,   in  determining  the  amount  and  nature  of
21    services for which a person may qualify, consideration  shall
22    not  be  given to the value of cash, property or other assets
23    held in the name of the person's spouse pursuant to a written
24    agreement dividing marital property into equal  but  separate
25    shares  or pursuant to a transfer of the person's interest in
26    a home to his spouse, provided that the spouse's share of the
27    marital property is not made available to the person  seeking
28    such services.
29        The  services  shall  be  provided to eligible persons to
30    prevent unnecessary or premature institutionalization, to the
31    extent that the cost of the services, together with the other
32    personal maintenance expenses of the persons, are  reasonably
33    related  to  the  standards  established  for care in a group
34    facility   appropriate    to    their    condition.     These
 
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 1    non-institutional  services,  pilot  projects or experimental
 2    facilities may be provided as part of or in addition to those
 3    authorized by federal law or those funded and administered by
 4    the Illinois Department on Aging.
 5        Personal care attendants shall be paid:
 6             (i)  A $5 per hour minimum rate  beginning  July  1,
 7        1995.
 8             (ii)  A  $5.30  per hour minimum rate beginning July
 9        1, 1997.
10             (iii)  A $5.40 per hour minimum rate beginning  July
11        1, 1998.
12        Personal   care   attendants   and   personal  assistants
13    providing  services  under  the  Department's  Home  Services
14    Program shall be considered to be public  employees  and  the
15    State of Illinois shall be considered to be their employer as
16    of  the  effective  date  of  this amendatory Act of the 93rd
17    General Assembly.
18        The Department shall execute,  relative  to  the  nursing
19    home  prescreening  project, as authorized by Section 4.03 of
20    the  Illinois  Act  on  the   Aging,   written   inter-agency
21    agreements with the Department on Aging and the Department of
22    Public  Aid,  to effect the following:  (i) intake procedures
23    and common eligibility criteria for  those  persons  who  are
24    receiving    non-institutional   services;   and   (ii)   the
25    establishment and development of  non-institutional  services
26    in  areas of the State where they are not currently available
27    or are undeveloped.  On and after July 1, 1996,  all  nursing
28    home prescreenings for individuals 18 through 59 years of age
29    shall be conducted by the Department.
30        The  Department  is  authorized  to establish a system of
31    recipient  cost-sharing  for  services  provided  under  this
32    Section.   The  cost-sharing  shall   be   based   upon   the
33    recipient's ability to pay for services, but in no case shall
34    the  recipient's share exceed the actual cost of the services
 
                            -14-     LRB093 06402 BDD 15545 a
 1    provided.  Protected income shall not be  considered  by  the
 2    Department in its determination of the recipient's ability to
 3    pay   a  share  of  the  cost  of  services.   The  level  of
 4    cost-sharing shall be adjusted each year to  reflect  changes
 5    in the "protected income" level.  The Department shall deduct
 6    from  the recipient's share of the cost of services any money
 7    expended by the recipient for disability-related expenses.
 8        The   Department,   or   the   Department's    authorized
 9    representative,  shall  recover the amount of moneys expended
10    for services provided to or in behalf of a person under  this
11    Section by a claim against the person's estate or against the
12    estate  of the person's surviving spouse, but no recovery may
13    be had until after the death of the surviving spouse, if any,
14    and then only at such time when there is no  surviving  child
15    who  is  under  age  21,  blind,  or  permanently and totally
16    disabled.  This paragraph, however, shall not  bar  recovery,
17    at  the  death of the person, of moneys for services provided
18    to the person or in behalf of the person under  this  Section
19    to  which  the  person  was  not entitled; provided that such
20    recovery shall not be enforced against any real estate  while
21    it  is  occupied  as  a  homestead by the surviving spouse or
22    other dependent, if no claims by other  creditors  have  been
23    filed against the estate, or, if such claims have been filed,
24    they  remain dormant for failure of prosecution or failure of
25    the claimant to compel administration of the estate  for  the
26    purpose  of  payment.   This paragraph shall not bar recovery
27    from the estate of a spouse, under Sections 1915 and 1924  of
28    the  Social  Security  Act  and  Section  5-4 of the Illinois
29    Public Aid Code, who precedes  a  person  receiving  services
30    under this Section in death.  All moneys for services paid to
31    or  in  behalf  of  the  person  under  this Section shall be
32    claimed for  recovery  from  the  deceased  spouse's  estate.
33    "Homestead",  as  used  in this paragraph, means the dwelling
34    house and contiguous real  estate  occupied  by  a  surviving
 
                            -15-     LRB093 06402 BDD 15545 a
 1    spouse  or  relative, as defined by the rules and regulations
 2    of the Illinois Department of Public Aid, regardless  of  the
 3    value of the property.
 4        The   Department   and  the  Department  on  Aging  shall
 5    cooperate in the development  and  submission  of  an  annual
 6    report  on programs and services provided under this Section.
 7    Such joint report shall be filed with the  Governor  and  the
 8    General Assembly on or before March 30 each year.
 9        The  requirement  for  reporting  to the General Assembly
10    shall be satisfied by filing copies of the  report  with  the
11    Speaker,  the  Minority  Leader and the Clerk of the House of
12    Representatives and the President, the  Minority  Leader  and
13    the  Secretary  of  the  Senate  and the Legislative Research
14    Unit, as required by Section  3.1  of  the  General  Assembly
15    Organization Act, and filing additional copies with the State
16    Government   Report   Distribution  Center  for  the  General
17    Assembly as required under paragraph (t) of Section 7 of  the
18    State Library Act.
19        (g)  To  establish such subdivisions of the Department as
20    shall be desirable and assign to the various subdivisions the
21    responsibilities and duties placed  upon  the  Department  by
22    law.
23        (h)  To cooperate and enter into any necessary agreements
24    with  the Department of Employment Security for the provision
25    of job placement and job referral services to clients of  the
26    Department,   including  job  service  registration  of  such
27    clients with Illinois Employment Security offices and  making
28    job  listings  maintained  by  the  Department  of Employment
29    Security available to such clients.
30        (i)  To possess all powers reasonable and  necessary  for
31    the  exercise  and  administration  of the powers, duties and
32    responsibilities of the Department which are provided for  by
33    law.
34        (j)  To  establish  a  procedure whereby new providers of
 
                            -16-     LRB093 06402 BDD 15545 a
 1    personal care attendant services shall submit vouchers to the
 2    State for payment two  times  during  their  first  month  of
 3    employment  and  one  time  per month thereafter.  In no case
 4    shall the Department pay personal care attendants  an  hourly
 5    wage that is less than the federal minimum wage.
 6        (k)  To provide adequate notice to providers of chore and
 7    housekeeping  services  informing them that they are entitled
 8    to an interest payment on bills which are not  promptly  paid
 9    pursuant to Section 3 of the State Prompt Payment Act.
10        (l)  To  establish,  operate  and  maintain  a  Statewide
11    Housing Clearinghouse of information on available, government
12    subsidized   housing   accessible  to  disabled  persons  and
13    available privately  owned  housing  accessible  to  disabled
14    persons.  The information shall include but not be limited to
15    the   location,  rental  requirements,  access  features  and
16    proximity to public transportation of available housing.  The
17    Clearinghouse  shall  consist  of  at  least  a  computerized
18    database for the storage and retrieval of information  and  a
19    separate  or  shared  toll  free  telephone number for use by
20    those seeking information from the Clearinghouse.  Department
21    offices and personnel throughout the State shall also  assist
22    in  the  operation  of  the  Statewide Housing Clearinghouse.
23    Cooperation with local, State and  federal  housing  managers
24    shall  be  sought  and  extended  in  order to frequently and
25    promptly update the Clearinghouse's information.
26        (m)  To assure that the names and case records of persons
27    who received or are receiving services from  the  Department,
28    including  persons  receiving vocational rehabilitation, home
29    services, or other services, and those attending one  of  the
30    Department's  schools  or  other supervised facility shall be
31    confidential and not be open to the  general  public.   Those
32    case  records  and  reports  or  the information contained in
33    those records and reports shall be disclosed by the  Director
34    only   to   proper  law  enforcement  officials,  individuals
 
                            -17-     LRB093 06402 BDD 15545 a
 1    authorized by a court, the General Assembly or any  committee
 2    or  commission of the General Assembly, and other persons and
 3    for reasons as the Director designates by rule.    Disclosure
 4    by  the  Director  may  be  only  in  accordance  with  other
 5    applicable law.
 6    (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.)

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