093_HB2221enr HB2221 Enrolled LRB093 06402 RCE 06524 b 1 AN ACT concerning disabled persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Labor Relations Act is 5 amended by changing Sections 3 and 7 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 23 effectuation or review of the employer's collective 24 bargaining policies. 25 (d) "Craft employees" means skilled journeymen, crafts 26 persons, and their apprentices and helpers. 27 (e) "Essential services employees" means those public 28 employees performing functions so essential that the 29 interruption or termination of the function will constitute a 30 clear and present danger to the health and safety of the 31 persons in the affected community. HB2221 Enrolled -2- LRB093 06402 RCE 06524 b 1 (f) "Exclusive representative", except with respect to 2 non-State fire fighters and paramedics employed by fire 3 departments and fire protection districts, non-State peace 4 officers, and peace officers in the Department of State 5 Police, means the labor organization that has been (i) 6 designated by the Board as the representative of a majority 7 of public employees in an appropriate bargaining unit in 8 accordance with the procedures contained in this Act, (ii) 9 historically recognized by the State of Illinois or any 10 political subdivision of the State before July 1, 1984 (the 11 effective date of this Act) as the exclusive representative 12 of the employees in an appropriate bargaining unit,or(iii) 13 after July 1, 1984 (the effective date of this Act) 14 recognized by an employer upon evidence, acceptable to the 15 Board, that the labor organization has been designated as the 16 exclusive representative by a majority of the employees in an 17 appropriate bargaining unit; or (iv) recognized as the 18 exclusive representative of personal care attendants or 19 personal assistants under Executive Order 2003-8 prior to the 20 effective date of this amendatory Act of the 93rd General 21 Assembly, and the organization shall be considered to be the 22 exclusive representative of the personal care attendants or 23 personal assistants as defined in this Section. 24 With respect to non-State fire fighters and paramedics 25 employed by fire departments and fire protection districts, 26 non-State peace officers, and peace officers in the 27 Department of State Police, "exclusive representative" means 28 the labor organization that has been (i) designated by the 29 Board as the representative of a majority of peace officers 30 or fire fighters in an appropriate bargaining unit in 31 accordance with the procedures contained in this Act, (ii) 32 historically recognized by the State of Illinois or any 33 political subdivision of the State before January 1, 1986 34 (the effective date of this amendatory Act of 1985) as the HB2221 Enrolled -3- LRB093 06402 RCE 06524 b 1 exclusive representative by a majority of the peace officers 2 or fire fighters in an appropriate bargaining unit, or (iii) 3 after January 1, 1986 (the effective date of this amendatory 4 Act of 1985) recognized by an employer upon evidence, 5 acceptable to the Board, that the labor organization has been 6 designated as the exclusive representative by a majority of 7 the peace officers or fire fighters in an appropriate 8 bargaining unit. 9 (g) "Fair share agreement" means an agreement between 10 the employer and an employee organization under which all or 11 any of the employees in a collective bargaining unit are 12 required to pay their proportionate share of the costs of the 13 collective bargaining process, contract administration, and 14 pursuing matters affecting wages, hours, and other conditions 15 of employment, but not to exceed the amount of dues uniformly 16 required of members. The amount certified by the exclusive 17 representative shall not include any fees for contributions 18 related to the election or support of any candidate for 19 political office. Nothing in this subsection (g) shall 20 preclude an employee from making voluntary political 21 contributions in conjunction with his or her fair share 22 payment. 23 (g-1) "Fire fighter" means, for the purposes of this Act 24 only, any person who has been or is hereafter appointed to a 25 fire department or fire protection district or employed by a 26 state university and sworn or commissioned to perform fire 27 fighter duties or paramedic duties, except that the following 28 persons are not included: part-time fire fighters, auxiliary, 29 reserve or voluntary fire fighters, including paid on-call 30 fire fighters, clerks and dispatchers or other civilian 31 employees of a fire department or fire protection district 32 who are not routinely expected to perform fire fighter 33 duties, or elected officials. 34 (g-2) "General Assembly of the State of Illinois" means HB2221 Enrolled -4- LRB093 06402 RCE 06524 b 1 the legislative branch of the government of the State of 2 Illinois, as provided for under Article IV of the 3 Constitution of the State of Illinois, and includes but is 4 not limited to the House of Representatives, the Senate, the 5 Speaker of the House of Representatives, the Minority Leader 6 of the House of Representatives, the President of the Senate, 7 the Minority Leader of the Senate, the Joint Committee on 8 Legislative Support Services and any legislative support 9 services agency listed in the Legislative Commission 10 Reorganization Act of 1984. 11 (h) "Governing body" means, in the case of the State, 12 the State Panel of the Illinois Labor Relations Board, the 13 Director of the Department of Central Management Services, 14 and the Director of the Department of Labor; the county board 15 in the case of a county; the corporate authorities in the 16 case of a municipality; and the appropriate body authorized 17 to provide for expenditures of its funds in the case of any 18 other unit of government. 19 (i) "Labor organization" means any organization in which 20 public employees participate and that exists for the purpose, 21 in whole or in part, of dealing with a public employer 22 concerning wages, hours, and other terms and conditions of 23 employment, including the settlement of grievances. 24 (j) "Managerial employee" means an individual who is 25 engaged predominantly in executive and management functions 26 and is charged with the responsibility of directing the 27 effectuation of management policies and practices. 28 (k) "Peace officer" means, for the purposes of this Act 29 only, any persons who have been or are hereafter appointed to 30 a police force, department, or agency and sworn or 31 commissioned to perform police duties, except that the 32 following persons are not included: part-time police 33 officers, special police officers, auxiliary police as 34 defined by Section 3.1-30-20 of the Illinois Municipal Code, HB2221 Enrolled -5- LRB093 06402 RCE 06524 b 1 night watchmen, "merchant police", court security officers as 2 defined by Section 3-6012.1 of the Counties Code, temporary 3 employees, traffic guards or wardens, civilian parking meter 4 and parking facilities personnel or other individuals 5 specially appointed to aid or direct traffic at or near 6 schools or public functions or to aid in civil defense or 7 disaster, parking enforcement employees who are not 8 commissioned as peace officers and who are not armed and who 9 are not routinely expected to effect arrests, parking lot 10 attendants, clerks and dispatchers or other civilian 11 employees of a police department who are not routinely 12 expected to effect arrests, or elected officials. 13 (l) "Person" includes one or more individuals, labor 14 organizations, public employees, associations, corporations, 15 legal representatives, trustees, trustees in bankruptcy, 16 receivers, or the State of Illinois or any political 17 subdivision of the State or governing body, but does not 18 include the General Assembly of the State of Illinois or any 19 individual employed by the General Assembly of the State of 20 Illinois. 21 (m) "Professional employee" means any employee engaged 22 in work predominantly intellectual and varied in character 23 rather than routine mental, manual, mechanical or physical 24 work; involving the consistent exercise of discretion and 25 adjustment in its performance; of such a character that the 26 output produced or the result accomplished cannot be 27 standardized in relation to a given period of time; and 28 requiring advanced knowledge in a field of science or 29 learning customarily acquired by a prolonged course of 30 specialized intellectual instruction and study in an 31 institution of higher learning or a hospital, as 32 distinguished from a general academic education or from 33 apprenticeship or from training in the performance of routine 34 mental, manual, or physical processes; or any employee who HB2221 Enrolled -6- LRB093 06402 RCE 06524 b 1 has completed the courses of specialized intellectual 2 instruction and study prescribed in this subsection (m) and 3 is performing related work under the supervision of a 4 professional person to qualify to become a professional 5 employee as defined in this subsection (m). 6 (n) "Public employee" or "employee", for the purposes of 7 this Act, means any individual employed by a public employer, 8 including interns and residents at public hospitals and, as 9 of the effective date of this amendatory Act of the 93rd 10 General Assembly, but not before, personal care attendants 11 and personal assistants working under the Home Services 12 Program under Section 3 of the Disabled Persons 13 Rehabilitation Act, subject to the limitations set forth in 14 this Act and in the Disabled Persons Rehabilitation Act, but 15 excluding all of the following: employees of the General 16 Assembly of the State of Illinois; elected officials; 17 executive heads of a department; members of boards or 18 commissions; employees of any agency, board or commission 19 created by this Act; employees appointed to State positions 20 of a temporary or emergency nature; all employees of school 21 districts and higher education institutions except 22 firefighters and peace officers employed by a state 23 university; managerial employees; short-term employees; 24 confidential employees; independent contractors; and 25 supervisors except as provided in this Act. 26 Personal care attendants and personal assistants shall 27 not be considered public employees for any purposes not 28 specifically provided for in this amendatory Act of the 93rd 29 General Assembly, including but not limited to, purposes of 30 vicarious liability in tort and purposes of statutory 31 retirement or health insurance benefits. Personal care 32 attendants and personal assistants shall not be covered by 33 the State Employees Group Insurance Act of 1971 (5 ILCS 34 375/). HB2221 Enrolled -7- LRB093 06402 RCE 06524 b 1 Notwithstanding Section 9, subsection (c), or any other 2 provisions of this Act, all peace officers above the rank of 3 captain in municipalities with more than 1,000,000 4 inhabitants shall be excluded from this Act. 5 (o) "Public employer" or "employer" means the State of 6 Illinois; any political subdivision of the State, unit of 7 local government or school district; authorities including 8 departments, divisions, bureaus, boards, commissions, or 9 other agencies of the foregoing entities; and any person 10 acting within the scope of his or her authority, express or 11 implied, on behalf of those entities in dealing with its 12 employees. As of the effective date of this amendatory Act of 13 the 93rd General Assembly, but not before, the State of 14 Illinois shall be considered the employer of the personal 15 care attendants and personal assistants working under the 16 Home Services Program under Section 3 of the Disabled Persons 17 Rehabilitation Act, subject to the limitations set forth in 18 this Act and in the Disabled Persons Rehabilitation Act. The 19 State shall not be considered to be the employer of personal 20 care attendants and personal assistants for any purposes not 21 specifically provided for in this amendatory Act of the 93rd 22 General Assembly, including but not limited to, purposes of 23 vicarious liability in tort and purposes of statutory 24 retirement or health insurance benefits. Personal care 25 attendants and personal assistants shall not be covered by 26 the State Employees Group Insurance Act of 1971 (5 ILCS 27 375/). "Public employer" or "employer" as used in this Act, 28 however, does not mean and shall not include the General 29 Assembly of the State of Illinois and educational employers 30 or employers as defined in the Illinois Educational Labor 31 Relations Act, except with respect to a state university in 32 its employment of firefighters and peace officers. County 33 boards and county sheriffs shall be designated as joint or 34 co-employers of county peace officers appointed under the HB2221 Enrolled -8- LRB093 06402 RCE 06524 b 1 authority of a county sheriff. Nothing in this subsection 2 (o) shall be construed to prevent the State Panel or the 3 Local Panel from determining that employers are joint or 4 co-employers. 5 (p) "Security employee" means an employee who is 6 responsible for the supervision and control of inmates at 7 correctional facilities. The term also includes other 8 non-security employees in bargaining units having the 9 majority of employees being responsible for the supervision 10 and control of inmates at correctional facilities. 11 (q) "Short-term employee" means an employee who is 12 employed for less than 2 consecutive calendar quarters during 13 a calendar year and who does not have a reasonable assurance 14 that he or she will be rehired by the same employer for the 15 same service in a subsequent calendar year. 16 (r) "Supervisor" is an employee whose principal work is 17 substantially different from that of his or her subordinates 18 and who has authority, in the interest of the employer, to 19 hire, transfer, suspend, lay off, recall, promote, discharge, 20 direct, reward, or discipline employees, to adjust their 21 grievances, or to effectively recommend any of those actions, 22 if the exercise of that authority is not of a merely routine 23 or clerical nature, but requires the consistent use of 24 independent judgment. Except with respect to police 25 employment, the term "supervisor" includes only those 26 individuals who devote a preponderance of their employment 27 time to exercising that authority, State supervisors 28 notwithstanding. In addition, in determining supervisory 29 status in police employment, rank shall not be determinative. 30 The Board shall consider, as evidence of bargaining unit 31 inclusion or exclusion, the common law enforcement policies 32 and relationships between police officer ranks and 33 certification under applicable civil service law, ordinances, 34 personnel codes, or Division 2.1 of Article 10 of the HB2221 Enrolled -9- LRB093 06402 RCE 06524 b 1 Illinois Municipal Code, but these factors shall not be the 2 sole or predominant factors considered by the Board in 3 determining police supervisory status. 4 Notwithstanding the provisions of the preceding 5 paragraph, in determining supervisory status in fire fighter 6 employment, no fire fighter shall be excluded as a supervisor 7 who has established representation rights under Section 9 of 8 this Act. Further, in new fire fighter units, employees 9 shall consist of fire fighters of the rank of company officer 10 and below. If a company officer otherwise qualifies as a 11 supervisor under the preceding paragraph, however, he or she 12 shall not be included in the fire fighter unit. If there is 13 no rank between that of chief and the highest company 14 officer, the employer may designate a position on each shift 15 as a Shift Commander, and the persons occupying those 16 positions shall be supervisors. All other ranks above that 17 of company officer shall be supervisors. 18 (s) (1) "Unit" means a class of jobs or positions that 19 are held by employees whose collective interests may 20 suitably be represented by a labor organization for 21 collective bargaining. Except with respect to non-State 22 fire fighters and paramedics employed by fire departments 23 and fire protection districts, non-State peace officers, 24 and peace officers in the Department of State Police, a 25 bargaining unit determined by the Board shall not include 26 both employees and supervisors, or supervisors only, 27 except as provided in paragraph (2) of this subsection 28 (s) and except for bargaining units in existence on July 29 1, 1984 (the effective date of this Act). With respect 30 to non-State fire fighters and paramedics employed by 31 fire departments and fire protection districts, non-State 32 peace officers, and peace officers in the Department of 33 State Police, a bargaining unit determined by the Board 34 shall not include both supervisors and nonsupervisors, or HB2221 Enrolled -10- LRB093 06402 RCE 06524 b 1 supervisors only, except as provided in paragraph (2) of 2 this subsection (s) and except for bargaining units in 3 existence on January 1, 1986 (the effective date of this 4 amendatory Act of 1985). A bargaining unit determined by 5 the Board to contain peace officers shall contain no 6 employees other than peace officers unless otherwise 7 agreed to by the employer and the labor organization or 8 labor organizations involved. Notwithstanding any other 9 provision of this Act, a bargaining unit, including a 10 historical bargaining unit, containing sworn peace 11 officers of the Department of Natural Resources (formerly 12 designated the Department of Conservation) shall contain 13 no employees other than such sworn peace officers upon 14 the effective date of this amendatory Act of 1990 or upon 15 the expiration date of any collective bargaining 16 agreement in effect upon the effective date of this 17 amendatory Act of 1990 covering both such sworn peace 18 officers and other employees. 19 (2) Notwithstanding the exclusion of supervisors 20 from bargaining units as provided in paragraph (1) of 21 this subsection (s), a public employer may agree to 22 permit its supervisory employees to form bargaining units 23 and may bargain with those units. This Act shall apply 24 if the public employer chooses to bargain under this 25 subsection. 26 (Source: P.A. 90-14, eff. 7-1-97; 90-655, eff. 7-30-98; 27 91-798, eff. 7-9-00.) 28 (5 ILCS 315/7) (from Ch. 48, par. 1607) 29 Sec. 7. Duty to bargain. A public employer and the 30 exclusive representative have the authority and the duty to 31 bargain collectively set forth in this Section. 32 For the purposes of this Act, "to bargain collectively" 33 means the performance of the mutual obligation of the public HB2221 Enrolled -11- LRB093 06402 RCE 06524 b 1 employer or his designated representative and the 2 representative of the public employees to meet at reasonable 3 times, including meetings in advance of the budget-making 4 process, and to negotiate in good faith with respect to 5 wages, hours, and other conditions of employment, not 6 excluded by Section 4 of this Act, or the negotiation of an 7 agreement, or any question arising thereunder and the 8 execution of a written contract incorporating any agreement 9 reached if requested by either party, but such obligation 10 does not compel either party to agree to a proposal or 11 require the making of a concession. 12 The duty "to bargain collectively" shall also include an 13 obligation to negotiate over any matter with respect to 14 wages, hours and other conditions of employment, not 15 specifically provided for in any other law or not 16 specifically in violation of the provisions of any law. If 17 any other law pertains, in part, to a matter affecting the 18 wages, hours and other conditions of employment, such other 19 law shall not be construed as limiting the duty "to bargain 20 collectively" and to enter into collective bargaining 21 agreements containing clauses which either supplement, 22 implement, or relate to the effect of such provisions in 23 other laws. 24 The duty "to bargain collectively" shall also include 25 negotiations as to the terms of a collective bargaining 26 agreement. The parties may, by mutual agreement, provide for 27 arbitration of impasses resulting from their inability to 28 agree upon wages, hours and terms and conditions of 29 employment to be included in a collective bargaining 30 agreement. Such arbitration provisions shall be subject to 31 the Illinois "Uniform Arbitration Act" unless agreed by the 32 parties. 33 The duty "to bargain collectively" shall also mean that 34 no party to a collective bargaining contract shall terminate HB2221 Enrolled -12- LRB093 06402 RCE 06524 b 1 or modify such contract, unless the party desiring such 2 termination or modification: 3 (1) serves a written notice upon the other party to the 4 contract of the proposed termination or modification 60 days 5 prior to the expiration date thereof, or in the event such 6 contract contains no expiration date, 60 days prior to the 7 time it is proposed to make such termination or modification; 8 (2) offers to meet and confer with the other party for 9 the purpose of negotiating a new contract or a contract 10 containing the proposed modifications; 11 (3) notifies the Board within 30 days after such notice 12 of the existence of a dispute, provided no agreement has been 13 reached by that time; and 14 (4) continues in full force and effect, without 15 resorting to strike or lockout, all the terms and conditions 16 of the existing contract for a period of 60 days after such 17 notice is given to the other party or until the expiration 18 date of such contract, whichever occurs later. 19 The duties imposed upon employers, employees and labor 20 organizations by paragraphs (2), (3) and (4) shall become 21 inapplicable upon an intervening certification of the Board, 22 under which the labor organization, which is a party to the 23 contract, has been superseded as or ceased to be the 24 exclusive representative of the employees pursuant to the 25 provisions of subsection (a) of Section 9, and the duties so 26 imposed shall not be construed as requiring either party to 27 discuss or agree to any modification of the terms and 28 conditions contained in a contract for a fixed period, if 29 such modification is to become effective before such terms 30 and conditions can be reopened under the provisions of the 31 contract. 32 Collective bargaining for personal care attendants and 33 personal assistants under the Home Services Program shall be 34 limited to the terms and conditions of employment under the HB2221 Enrolled -13- LRB093 06402 RCE 06524 b 1 State's control, as defined in this amendatory Act of the 2 93rd General Assembly. 3 (Source: P.A. 83-1012.) 4 Section 10. The Disabled Persons Rehabilitation Act is 5 amended by changing Section 3 as follows: 6 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 7 Sec. 3. Powers and duties. The Department shall have the 8 powers and duties enumerated herein: 9 (a) To co-operate with the federal government in the 10 administration of the provisions of the federal 11 Rehabilitation Act of 1973, as amended, of the Workforce 12 Investment Act of 1998, and of the federal Social Security 13 Act to the extent and in the manner provided in these Acts. 14 (b) To prescribe and supervise such courses of 15 vocational training and provide such other services as may be 16 necessary for the habilitation and rehabilitation of persons 17 with one or more disabilities, including the administrative 18 activities under subsection (e) of this Section, and to 19 co-operate with State and local school authorities and other 20 recognized agencies engaged in habilitation, rehabilitation 21 and comprehensive rehabilitation services; and to cooperate 22 with the Department of Children and Family Services regarding 23 the care and education of children with one or more 24 disabilities. 25 (c) (Blank). 26 (d) To report in writing, to the Governor, annually on 27 or before the first day of December, and at such other times 28 and in such manner and upon such subjects as the Governor may 29 require. The annual report shall contain (1) a statement of 30 the existing condition of comprehensive rehabilitation 31 services, habilitation and rehabilitation in the State; (2) a 32 statement of suggestions and recommendations with reference HB2221 Enrolled -14- LRB093 06402 RCE 06524 b 1 to the development of comprehensive rehabilitation services, 2 habilitation and rehabilitation in the State; and (3) an 3 itemized statement of the amounts of money received from 4 federal, State and other sources, and of the objects and 5 purposes to which the respective items of these several 6 amounts have been devoted. 7 (e) (Blank). 8 (f) To establish a program of services to prevent 9 unnecessary institutionalization of persons with Alzheimer's 10 disease and related disorders or persons in need of long term 11 care who are established as blind or disabled as defined by 12 the Social Security Act, thereby enabling them to remain in 13 their own homes or other living arrangements. Such preventive 14 services may include, but are not limited to, any or all of 15 the following: 16 (1) home health services; 17 (2) home nursing services; 18 (3) homemaker services; 19 (4) chore and housekeeping services; 20 (5) day care services; 21 (6) home-delivered meals; 22 (7) education in self-care; 23 (8) personal care services; 24 (9) adult day health services; 25 (10) habilitation services; 26 (11) respite care; or 27 (12) other nonmedical social services that may 28 enable the person to become self-supporting. 29 The Department shall establish eligibility standards for 30 such services taking into consideration the unique economic 31 and social needs of the population for whom they are to be 32 provided. Such eligibility standards may be based on the 33 recipient's ability to pay for services; provided, however, 34 that any portion of a person's income that is equal to or HB2221 Enrolled -15- LRB093 06402 RCE 06524 b 1 less than the "protected income" level shall not be 2 considered by the Department in determining eligibility. The 3 "protected income" level shall be determined by the 4 Department, shall never be less than the federal poverty 5 standard, and shall be adjusted each year to reflect changes 6 in the Consumer Price Index For All Urban Consumers as 7 determined by the United States Department of Labor. 8 Additionally, in determining the amount and nature of 9 services for which a person may qualify, consideration shall 10 not be given to the value of cash, property or other assets 11 held in the name of the person's spouse pursuant to a written 12 agreement dividing marital property into equal but separate 13 shares or pursuant to a transfer of the person's interest in 14 a home to his spouse, provided that the spouse's share of the 15 marital property is not made available to the person seeking 16 such services. 17 The services shall be provided to eligible persons to 18 prevent unnecessary or premature institutionalization, to the 19 extent that the cost of the services, together with the other 20 personal maintenance expenses of the persons, are reasonably 21 related to the standards established for care in a group 22 facility appropriate to their condition. These 23 non-institutional services, pilot projects or experimental 24 facilities may be provided as part of or in addition to those 25 authorized by federal law or those funded and administered by 26 the Illinois Department on Aging. 27 Personal care attendants shall be paid: 28 (i) A $5 per hour minimum rate beginning July 1, 29 1995. 30 (ii) A $5.30 per hour minimum rate beginning July 31 1, 1997. 32 (iii) A $5.40 per hour minimum rate beginning July 33 1, 1998. 34 Solely for the purposes of coverage under the Illinois HB2221 Enrolled -16- LRB093 06402 RCE 06524 b 1 Public Labor Relations Act (5 ILCS 315/), personal care 2 attendants and personal assistants providing services under 3 the Department's Home Services Program shall be considered to 4 be public employees and the State of Illinois shall be 5 considered to be their employer as of the effective date of 6 this amendatory Act of the 93rd General Assembly, but not 7 before. The State shall engage in collective bargaining with 8 an exclusive representative of personal care attendants and 9 personal assistants working under the Home Services Program 10 concerning their terms and conditions of employment that are 11 within the State's control. Nothing in this paragraph shall 12 be understood to limit the right of the persons receiving 13 services defined in this Section to hire and fire personal 14 care attendants and personal assistants or supervise them 15 within the limitations set by the Home Services Program. The 16 State shall not be considered to be the employer of personal 17 care attendants and personal assistants for any purposes not 18 specifically provided in this amendatory Act of the 93rd 19 General Assembly, including but not limited to, purposes of 20 vicarious liability in tort and purposes of statutory 21 retirement or health insurance benefits. Personal care 22 attendants and personal assistants shall not be covered by 23 the State Employees Group Insurance Act of 1971 (5 ILCS 24 375/). 25 The Department shall execute, relative to the nursing 26 home prescreening project, as authorized by Section 4.03 of 27 the Illinois Act on the Aging, written inter-agency 28 agreements with the Department on Aging and the Department of 29 Public Aid, to effect the following: (i) intake procedures 30 and common eligibility criteria for those persons who are 31 receiving non-institutional services; and (ii) the 32 establishment and development of non-institutional services 33 in areas of the State where they are not currently available 34 or are undeveloped. On and after July 1, 1996, all nursing HB2221 Enrolled -17- LRB093 06402 RCE 06524 b 1 home prescreenings for individuals 18 through 59 years of age 2 shall be conducted by the Department. 3 The Department is authorized to establish a system of 4 recipient cost-sharing for services provided under this 5 Section. The cost-sharing shall be based upon the 6 recipient's ability to pay for services, but in no case shall 7 the recipient's share exceed the actual cost of the services 8 provided. Protected income shall not be considered by the 9 Department in its determination of the recipient's ability to 10 pay a share of the cost of services. The level of 11 cost-sharing shall be adjusted each year to reflect changes 12 in the "protected income" level. The Department shall deduct 13 from the recipient's share of the cost of services any money 14 expended by the recipient for disability-related expenses. 15 The Department, or the Department's authorized 16 representative, shall recover the amount of moneys expended 17 for services provided to or in behalf of a person under this 18 Section by a claim against the person's estate or against the 19 estate of the person's surviving spouse, but no recovery may 20 be had until after the death of the surviving spouse, if any, 21 and then only at such time when there is no surviving child 22 who is under age 21, blind, or permanently and totally 23 disabled. This paragraph, however, shall not bar recovery, 24 at the death of the person, of moneys for services provided 25 to the person or in behalf of the person under this Section 26 to which the person was not entitled; provided that such 27 recovery shall not be enforced against any real estate while 28 it is occupied as a homestead by the surviving spouse or 29 other dependent, if no claims by other creditors have been 30 filed against the estate, or, if such claims have been filed, 31 they remain dormant for failure of prosecution or failure of 32 the claimant to compel administration of the estate for the 33 purpose of payment. This paragraph shall not bar recovery 34 from the estate of a spouse, under Sections 1915 and 1924 of HB2221 Enrolled -18- LRB093 06402 RCE 06524 b 1 the Social Security Act and Section 5-4 of the Illinois 2 Public Aid Code, who precedes a person receiving services 3 under this Section in death. All moneys for services paid to 4 or in behalf of the person under this Section shall be 5 claimed for recovery from the deceased spouse's estate. 6 "Homestead", as used in this paragraph, means the dwelling 7 house and contiguous real estate occupied by a surviving 8 spouse or relative, as defined by the rules and regulations 9 of the Illinois Department of Public Aid, regardless of the 10 value of the property. 11 The Department and the Department on Aging shall 12 cooperate in the development and submission of an annual 13 report on programs and services provided under this Section. 14 Such joint report shall be filed with the Governor and the 15 General Assembly on or before March 30 each year. 16 The requirement for reporting to the General Assembly 17 shall be satisfied by filing copies of the report with the 18 Speaker, the Minority Leader and the Clerk of the House of 19 Representatives and the President, the Minority Leader and 20 the Secretary of the Senate and the Legislative Research 21 Unit, as required by Section 3.1 of the General Assembly 22 Organization Act, and filing additional copies with the State 23 Government Report Distribution Center for the General 24 Assembly as required under paragraph (t) of Section 7 of the 25 State Library Act. 26 (g) To establish such subdivisions of the Department as 27 shall be desirable and assign to the various subdivisions the 28 responsibilities and duties placed upon the Department by 29 law. 30 (h) To cooperate and enter into any necessary agreements 31 with the Department of Employment Security for the provision 32 of job placement and job referral services to clients of the 33 Department, including job service registration of such 34 clients with Illinois Employment Security offices and making HB2221 Enrolled -19- LRB093 06402 RCE 06524 b 1 job listings maintained by the Department of Employment 2 Security available to such clients. 3 (i) To possess all powers reasonable and necessary for 4 the exercise and administration of the powers, duties and 5 responsibilities of the Department which are provided for by 6 law. 7 (j) To establish a procedure whereby new providers of 8 personal care attendant services shall submit vouchers to the 9 State for payment two times during their first month of 10 employment and one time per month thereafter. In no case 11 shall the Department pay personal care attendants an hourly 12 wage that is less than the federal minimum wage. 13 (k) To provide adequate notice to providers of chore and 14 housekeeping services informing them that they are entitled 15 to an interest payment on bills which are not promptly paid 16 pursuant to Section 3 of the State Prompt Payment Act. 17 (l) To establish, operate and maintain a Statewide 18 Housing Clearinghouse of information on available, government 19 subsidized housing accessible to disabled persons and 20 available privately owned housing accessible to disabled 21 persons. The information shall include but not be limited to 22 the location, rental requirements, access features and 23 proximity to public transportation of available housing. The 24 Clearinghouse shall consist of at least a computerized 25 database for the storage and retrieval of information and a 26 separate or shared toll free telephone number for use by 27 those seeking information from the Clearinghouse. Department 28 offices and personnel throughout the State shall also assist 29 in the operation of the Statewide Housing Clearinghouse. 30 Cooperation with local, State and federal housing managers 31 shall be sought and extended in order to frequently and 32 promptly update the Clearinghouse's information. 33 (m) To assure that the names and case records of persons 34 who received or are receiving services from the Department, HB2221 Enrolled -20- LRB093 06402 RCE 06524 b 1 including persons receiving vocational rehabilitation, home 2 services, or other services, and those attending one of the 3 Department's schools or other supervised facility shall be 4 confidential and not be open to the general public. Those 5 case records and reports or the information contained in 6 those records and reports shall be disclosed by the Director 7 only to proper law enforcement officials, individuals 8 authorized by a court, the General Assembly or any committee 9 or commission of the General Assembly, and other persons and 10 for reasons as the Director designates by rule. Disclosure 11 by the Director may be only in accordance with other 12 applicable law. 13 (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.