95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4278


 
Introduced , by Rep. Deborah L. Graham
 
SYNOPSIS AS INTRODUCED:
 		













New Act










    Creates the State Services Accountability Act. Provides that upon notice to the Illinois Department of Human Services of the existence of a work stoppage arising from a labor dispute with an IDHS contractor or grantee that may affect the provision of services under a State contract or grant, IDHS shall cease payment of State funds to the contractor or grantee pending receipt of evidence sufficient to confirm that the contractor or grantee is performing all services specified in the contract or grant.  Further provides that no further payments for those services shall be made to the contractor or grantee until IDHS has filed affidavits with the chief procurement officer and the Auditor General certifying that the contractor or grantee is performing all services specified in the contract or grant. Effective immediately.
















LRB095 16103 RCE 42121 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4278

LRB095 16103 RCE 42121 b






1
    AN ACT concerning State services.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 1. Short title. This Act may be cited as the State 
5
Services Accountability Act.
 
6
    Section 5. Legislative findings and declaration of policy. 
7
    (a)   The purpose of this Act is to set forth a program to 
8
better provide services to the citizens of Illinois by ensuring 
9
that tax dollars expended for services are properly used for 
10
their allocated purpose. The State of Illinois enters into 
11
reimbursement agreements and contracts with and provides 
12
grants to private entities (contractors and grantees) for the 
13
purpose of providing services for the citizens of Illinois. The 
14
State of Illinois enters into these contracts and provides 
15
these grants to provide quality services for the citizens of 
16
Illinois.
17
    (b)   The General Assembly finds that the needs of its 
18
citizens cannot be met if the time frame for provision of 
19
services provided through reimbursement agreements, contracts, 
20
or grant agreements between the State of Illinois and 
21
contractors and grantees are subject to disruption and further 
22
finds that likelihood of disruption is enhanced when a work 
23
stoppage is involved.
 


 






HB4278
- 2 -
LRB095 16103 RCE 42121 b




1
    (c) The General Assembly further finds that the tax dollars 
2
should be used for their appropriated use. In addition, staff 
3
time, paid with tax dollars, should be spent providing services 
4
to Illinois' citizens.
5
    (d) This Act is intended solely as a limitation on the 
6
permissible uses of State appropriations. It is not intended to 
7
expand, limit, or in any manner affect existing rights or 
8
duties of employers, employees, or labor organizations under 
9
the National Labor Relations Act or other federal law affecting 
10
labor relations.





 
11
    Section 10. Definitions. As used in this Act:
12
    "IDHS contractor or grantee" means an individual or entity,


13
other than the State of Illinois, a State agency, or a 
14
political subdivision of the State of Illinois, that contracts 
15
with or receives grant funding from the Illinois Department of 
16
Human Services, that delivers services that require 
17
certification or licensing by IDHS, that  provides services for 
18
which rates are set by IDHS, or that receives State funding 
19
that is appropriated through the IDHS budget.
20
    "IDHS contractor" includes a subcontractor and a 
21
contractor of a grantee and any other entity, other than a unit 
22
of local government or a school district, that receives IDHS 
23
funds for supplying services pursuant to a written contract 
24
with the State or any of its agencies and that is controlled in 
25
whole or in part by the contractor or an entity in which the 
 


 






HB4278
- 3 -
LRB095 16103 RCE 42121 b




1
contractor has a substantial beneficial interest.
2
    "IDHS grantee" includes a sub-grantee and a grantee of a 
3
contractor and any other entity that  provides services 
4
controlled in whole or in part by the grantee, or an entity in 
5
which the grantee has a substantial beneficial interest.
6
    "Employee" means a person employed by an IDHS contractor or 
7
grantee other than a person employed in a bona fide supervisory 
8
or managerial position as defined by applicable law.
9
    "Labor organization", "employee representative", or 
10
"union" means an organization or union of any kind in which


11
employees participate and that exists for the purpose, in whole 
12
or in part, of representing employees concerning grievances, 
13
labor disputes, wages, rates of pay, benefits, hours of 
14
employment, or working conditions.
15
    "State agency" includes the State and every State agency, 
16
department, board, or commission.
17
    "State funds" means any money provided by the State of 
18
Illinois or a State agency.



 
19
    Section 15. Payment.  Upon notice to the Illinois Department 
20
of Human Services of the existence of a work stoppage arising 
21
from a labor dispute with an IDHS contractor or grantee that 
22
may affect the provision of services under a State contract or 
23
grant, IDHS shall cease payment of State funds to the 
24
contractor or grantee pending receipt of evidence sufficient to 
25
confirm that the contractor or grantee is performing all 
 


 






HB4278
- 4 -
LRB095 16103 RCE 42121 b




1
services specified in the contract or grant.  No further 
2
payments for those services shall be made to the contractor or 
3
grantee until IDHS has filed affidavits with the chief 
4
procurement officer and the Auditor General certifying that the 
5
contractor or grantee is performing all services specified in 
6
the contract or grant.



 

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