Rep. John E. Bradley

Filed: 3/1/2012

 

 


 

 


 
09700HB4177ham001LRB097 15168 JDS 67009 a

1
AMENDMENT TO HOUSE BILL 4177

2    AMENDMENT NO. ______. Amend House Bill 4177 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended 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
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.

 

 

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1    (c) "Confidential employee" means an employee who, in the
2regular course of his or her duties, assists and acts in a
3confidential capacity to persons who formulate, determine, and
4effectuate management policies with regard to labor relations
5or who, in the regular course of his or her duties, has
6authorized access to information relating to the effectuation
7or review of the employer's collective bargaining policies.
8    (d) "Craft employees" means skilled journeymen, crafts
9persons, and their apprentices and helpers.
10    (e) "Essential services employees" means those public
11employees performing functions so essential that the
12interruption or termination of the function will constitute a
13clear and present danger to the health and safety of the
14persons in the affected community.
15    (f) "Exclusive representative", except with respect to
16non-State fire fighters and paramedics employed by fire
17departments and fire protection districts, non-State peace
18officers, and peace officers in the Department of State Police,
19means the labor organization that has been (i) designated by
20the Board as the representative of a majority of public
21employees in an appropriate bargaining unit in accordance with
22the procedures contained in this Act, (ii) historically
23recognized by the State of Illinois or any political
24subdivision of the State before July 1, 1984 (the effective
25date of this Act) as the exclusive representative of the
26employees in an appropriate bargaining unit, (iii) after July

 

 

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11, 1984 (the effective date of this Act) recognized by an
2employer upon evidence, acceptable to the Board, that the labor
3organization has been designated as the exclusive
4representative by a majority of the employees in an appropriate
5bargaining unit; (iv) recognized as the exclusive
6representative of personal care attendants or personal
7assistants under Executive Order 2003-8 prior to the effective
8date of this amendatory Act of the 93rd General Assembly, and
9the organization shall be considered to be the exclusive
10representative of the personal care attendants or personal
11assistants as defined in this Section; or (v) recognized as the
12exclusive representative of child and day care home providers,
13including licensed and license exempt providers, pursuant to an
14election held under Executive Order 2005-1 prior to the
15effective date of this amendatory Act of the 94th General
16Assembly, and the organization shall be considered to be the
17exclusive representative of the child and day care home
18providers as defined in this Section.
19    With respect to non-State fire fighters and paramedics
20employed by fire departments and fire protection districts,
21non-State peace officers, and peace officers in the Department
22of State Police, "exclusive representative" means the labor
23organization that has been (i) designated by the Board as the
24representative of a majority of peace officers or fire fighters
25in an appropriate bargaining unit in accordance with the
26procedures contained in this Act, (ii) historically recognized

 

 

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1by the State of Illinois or any political subdivision of the
2State before January 1, 1986 (the effective date of this
3amendatory Act of 1985) as the exclusive representative by a
4majority of the peace officers or fire fighters in an
5appropriate bargaining unit, or (iii) after January 1, 1986
6(the effective date of this amendatory Act of 1985) recognized
7by an employer upon evidence, acceptable to the Board, that the
8labor organization has been designated as the exclusive
9representative by a majority of the peace officers or fire
10fighters in an appropriate bargaining unit.
11    Where a historical pattern of representation exists for the
12workers of a water system that was owned by a public utility,
13as defined in Section 3-105 of the Public Utilities Act, prior
14to becoming certified employees of a municipality or
15municipalities once the municipality or municipalities have
16acquired the water system as authorized in Section 11-124-5 of
17the Illinois Municipal Code, the Board shall find the labor
18organization that has historically represented the workers to
19be the exclusive representative under this Act, and shall find
20the unit represented by the exclusive representative to be the
21appropriate unit.
22    (g) "Fair share agreement" means an agreement between the
23employer and an employee organization under which all or any of
24the employees in a collective bargaining unit are required to
25pay their proportionate share of the costs of the collective
26bargaining process, contract administration, and pursuing

 

 

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1matters affecting wages, hours, and other conditions of
2employment, but not to exceed the amount of dues uniformly
3required of members. The amount certified by the exclusive
4representative shall not include any fees for contributions
5related to the election or support of any candidate for
6political office. Nothing in this subsection (g) shall preclude
7an employee from making voluntary political contributions in
8conjunction with his or her fair share payment.
9    (g-1) "Fire fighter" means, for the purposes of this Act
10only, any person who has been or is hereafter appointed to a
11fire department or fire protection district or employed by a
12state university and sworn or commissioned to perform fire
13fighter duties or paramedic duties, except that the following
14persons are not included: part-time fire fighters, auxiliary,
15reserve or voluntary fire fighters, including paid on-call fire
16fighters, clerks and dispatchers or other civilian employees of
17a fire department or fire protection district who are not
18routinely expected to perform fire fighter duties, or elected
19officials.
20    (g-2) "General Assembly of the State of Illinois" means the
21legislative branch of the government of the State of Illinois,
22as provided for under Article IV of the Constitution of the
23State of Illinois, and includes but is not limited to the House
24of Representatives, the Senate, the Speaker of the House of
25Representatives, the Minority Leader of the House of
26Representatives, the President of the Senate, the Minority

 

 

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1Leader of the Senate, the Joint Committee on Legislative
2Support Services and any legislative support services agency
3listed in the Legislative Commission Reorganization Act of
41984.
5    (h) "Governing body" means, in the case of the State, the
6State Panel of the Illinois Labor Relations Board, the Director
7of the Department of Central Management Services, and the
8Director of the Department of Labor; the county board in the
9case of a county; the corporate authorities in the case of a
10municipality; and the appropriate body authorized to provide
11for expenditures of its funds in the case of any other unit of
12government.
13    (i) "Labor organization" means any organization in which
14public employees participate and that exists for the purpose,
15in whole or in part, of dealing with a public employer
16concerning wages, hours, and other terms and conditions of
17employment, including the settlement of grievances.
18    (j) "Managerial employee" means an individual who is
19engaged predominantly in executive and management functions
20and is charged with the responsibility of directing the
21effectuation of management policies and practices.
22    (k) "Peace officer" means, for the purposes of this Act
23only, any persons who have been or are hereafter appointed to a
24police force, department, or agency and sworn or commissioned
25to perform police duties, except that the following persons are
26not included: part-time police officers, special police

 

 

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1officers, auxiliary police as defined by Section 3.1-30-20 of
2the Illinois Municipal Code, night watchmen, "merchant
3police", court security officers as defined by Section 3-6012.1
4of the Counties Code, temporary employees, traffic guards or
5wardens, civilian parking meter and parking facilities
6personnel or other individuals specially appointed to aid or
7direct traffic at or near schools or public functions or to aid
8in civil defense or disaster, parking enforcement employees who
9are not commissioned as peace officers and who are not armed
10and who are not routinely expected to effect arrests, parking
11lot attendants, clerks and dispatchers or other civilian
12employees of a police department who are not routinely expected
13to effect arrests, or elected officials.
14    (l) "Person" includes one or more individuals, labor
15organizations, public employees, associations, corporations,
16legal representatives, trustees, trustees in bankruptcy,
17receivers, or the State of Illinois or any political
18subdivision of the State or governing body, but does not
19include the General Assembly of the State of Illinois or any
20individual employed by the General Assembly of the State of
21Illinois.
22    (m) "Professional employee" means any employee engaged in
23work predominantly intellectual and varied in character rather
24than routine mental, manual, mechanical or physical work;
25involving the consistent exercise of discretion and adjustment
26in its performance; of such a character that the output

 

 

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1produced or the result accomplished cannot be standardized in
2relation to a given period of time; and requiring advanced
3knowledge in a field of science or learning customarily
4acquired by a prolonged course of specialized intellectual
5instruction and study in an institution of higher learning or a
6hospital, as distinguished from a general academic education or
7from apprenticeship or from training in the performance of
8routine mental, manual, or physical processes; or any employee
9who has completed the courses of specialized intellectual
10instruction and study prescribed in this subsection (m) and is
11performing related work under the supervision of a professional
12person to qualify to become a professional employee as defined
13in this subsection (m).
14    (n) "Public employee" or "employee", for the purposes of
15this Act, means any individual employed by a public employer,
16including (i) interns and residents at public hospitals, (ii)
17as of the effective date of this amendatory Act of the 93rd
18General Assembly, but not before, personal care attendants and
19personal assistants working under the Home Services Program
20under Section 3 of the Disabled Persons Rehabilitation Act,
21subject to the limitations set forth in this Act and in the
22Disabled Persons Rehabilitation Act, and (iii) as of the
23effective date of this amendatory Act of the 94th General
24Assembly, but not before, child and day care home providers
25participating in the child care assistance program under
26Section 9A-11 of the Illinois Public Aid Code, subject to the

 

 

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1limitations set forth in this Act and in Section 9A-11 of the
2Illinois Public Aid Code, and (iv) as of the effective date of
3this amendatory Act of the 97th General Assembly, but not
4before except as otherwise provided in this subsection (n),
5home care and home health workers, including personal care
6attendants, personal assistants, and maintenance home health
7workers, who work under the Home Services Program under Section
83 of the Disabled Persons Rehabilitation Act, no matter whether
9the State provides those services through direct
10fee-for-service arrangements, with the assistance of a managed
11care organization or other intermediary, or otherwise, but
12excluding all of the following: employees of the General
13Assembly of the State of Illinois; elected officials; executive
14heads of a department; members of boards or commissions; the
15Executive Inspectors General; any special Executive Inspectors
16General; employees of each Office of an Executive Inspector
17General; commissioners and employees of the Executive Ethics
18Commission; the Auditor General's Inspector General; employees
19of the Office of the Auditor General's Inspector General; the
20Legislative Inspector General; any special Legislative
21Inspectors General; employees of the Office of the Legislative
22Inspector General; commissioners and employees of the
23Legislative Ethics Commission; employees of any agency, board
24or commission created by this Act; employees appointed to State
25positions of a temporary or emergency nature; all employees of
26school districts and higher education institutions except

 

 

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1firefighters and peace officers employed by a state university
2and except peace officers employed by a school district in its
3own police department in existence on the effective date of
4this amendatory Act of the 96th General Assembly; managerial
5employees; short-term employees; confidential employees;
6independent contractors; and supervisors except as provided in
7this Act.
8    Home care and home health workers, including personal
9Personal care attendants, and personal assistants, and
10maintenance home health workers, shall not be considered public
11employees for any purposes not specifically provided for in
12Public Act 93-204 or this amendatory Act of the 97th General
13Assembly the amendatory Act of the 93rd General Assembly,
14including but not limited to, purposes of vicarious liability
15in tort and purposes of statutory retirement or health
16insurance benefits. Home care and home health workers,
17including personal Personal care attendants, and personal
18assistants, and maintenance home health workers, shall not be
19covered by the State Employees Group Insurance Act of 1971 (5
20ILCS 375/).
21    Child and day care home providers shall not be considered
22public employees for any purposes not specifically provided for
23in this amendatory Act of the 94th General Assembly, including
24but not limited to, purposes of vicarious liability in tort and
25purposes of statutory retirement or health insurance benefits.
26Child and day care home providers shall not be covered by the

 

 

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1State Employees Group Insurance Act of 1971.
2    Notwithstanding Section 9, subsection (c), or any other
3provisions of this Act, all peace officers above the rank of
4captain in municipalities with more than 1,000,000 inhabitants
5shall be excluded from this Act.
6    (o) Except as otherwise in subsection (o-5), "public
7employer" or "employer" means the State of Illinois; any
8political subdivision of the State, unit of local government or
9school district; authorities including departments, divisions,
10bureaus, boards, commissions, or other agencies of the
11foregoing entities; and any person acting within the scope of
12his or her authority, express or implied, on behalf of those
13entities in dealing with its employees. As of the effective
14date of the amendatory Act of the 93rd General Assembly, but
15not before, the State of Illinois shall be considered the
16employer of the personal care attendants and personal
17assistants working under the Home Services Program under
18Section 3 of the Disabled Persons Rehabilitation Act, subject
19to the limitations set forth in this Act and in the Disabled
20Persons Rehabilitation Act. As of the effective date of this
21amendatory Act of the 97th General Assembly, but not before
22except as otherwise provided in this subsection (o), the State
23shall be considered the employer of home care and home health
24workers, including personal care attendants, personal
25assistants, and maintenance home health workers, who work under
26the Home Services Program under Section 3 of the Disabled

 

 

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1Persons Rehabilitation Act, no matter whether the State
2provides those services through direct fee-for-service
3arrangements, with the assistance of a managed care
4organization or other intermediary, or otherwise, but subject
5to the limitations set forth in this Act and the Disabled
6Persons Rehabilitation Act. The State shall not be considered
7to be the employer of home care and home health workers,
8including personal care attendants, and personal assistants,
9and maintenance home health workers, for any purposes not
10specifically provided for in Public Act 93-204 or this
11amendatory Act of the 97th General Assembly this amendatory Act
12of the 93rd General Assembly, including but not limited to,
13purposes of vicarious liability in tort and purposes of
14statutory retirement or health insurance benefits. Home care
15and home health workers, including personal Personal care
16attendants, and personal assistants, and maintenance home
17health workers, shall not be covered by the State Employees
18Group Insurance Act of 1971 (5 ILCS 375/). As of the effective
19date of this amendatory Act of the 94th General Assembly but
20not before, the State of Illinois shall be considered the
21employer of the day and child care home providers participating
22in the child care assistance program under Section 9A-11 of the
23Illinois Public Aid Code, subject to the limitations set forth
24in this Act and in Section 9A-11 of the Illinois Public Aid
25Code. The State shall not be considered to be the employer of
26child and day care home providers for any purposes not

 

 

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1specifically provided for in this amendatory Act of the 94th
2General Assembly, including but not limited to, purposes of
3vicarious liability in tort and purposes of statutory
4retirement or health insurance benefits. Child and day care
5home providers shall not be covered by the State Employees
6Group Insurance Act of 1971.
7    "Public employer" or "employer" as used in this Act,
8however, does not mean and shall not include the General
9Assembly of the State of Illinois, the Executive Ethics
10Commission, the Offices of the Executive Inspectors General,
11the Legislative Ethics Commission, the Office of the
12Legislative Inspector General, the Office of the Auditor
13General's Inspector General, and educational employers or
14employers as defined in the Illinois Educational Labor
15Relations Act, except with respect to a state university in its
16employment of firefighters and peace officers and except with
17respect to a school district in the employment of peace
18officers in its own police department in existence on the
19effective date of this amendatory Act of the 96th General
20Assembly. County boards and county sheriffs shall be designated
21as joint or co-employers of county peace officers appointed
22under the authority of a county sheriff. Nothing in this
23subsection (o) shall be construed to prevent the State Panel or
24the Local Panel from determining that employers are joint or
25co-employers.
26    (o-5) With respect to wages, fringe benefits, hours,

 

 

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1holidays, vacations, proficiency examinations, sick leave, and
2other conditions of employment, the public employer of public
3employees who are court reporters, as defined in the Court
4Reporters Act, shall be determined as follows:
5        (1) For court reporters employed by the Cook County
6    Judicial Circuit, the chief judge of the Cook County
7    Circuit Court is the public employer and employer
8    representative.
9        (2) For court reporters employed by the 12th, 18th,
10    19th, and, on and after December 4, 2006, the 22nd judicial
11    circuits, a group consisting of the chief judges of those
12    circuits, acting jointly by majority vote, is the public
13    employer and employer representative.
14        (3) For court reporters employed by all other judicial
15    circuits, a group consisting of the chief judges of those
16    circuits, acting jointly by majority vote, is the public
17    employer and employer representative.
18    (p) "Security employee" means an employee who is
19responsible for the supervision and control of inmates at
20correctional facilities. The term also includes other
21non-security employees in bargaining units having the majority
22of employees being responsible for the supervision and control
23of inmates at correctional facilities.
24    (q) "Short-term employee" means an employee who is employed
25for less than 2 consecutive calendar quarters during a calendar
26year and who does not have a reasonable assurance that he or

 

 

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1she will be rehired by the same employer for the same service
2in a subsequent calendar year.
3    (r) "Supervisor" is an employee whose principal work is
4substantially different from that of his or her subordinates
5and who has authority, in the interest of the employer, to
6hire, transfer, suspend, lay off, recall, promote, discharge,
7direct, reward, or discipline employees, to adjust their
8grievances, or to effectively recommend any of those actions,
9if the exercise of that authority is not of a merely routine or
10clerical nature, but requires the consistent use of independent
11judgment. Except with respect to police employment, the term
12"supervisor" includes only those individuals who devote a
13preponderance of their employment time to exercising that
14authority, State supervisors notwithstanding. In addition, in
15determining supervisory status in police employment, rank
16shall not be determinative. The Board shall consider, as
17evidence of bargaining unit inclusion or exclusion, the common
18law enforcement policies and relationships between police
19officer ranks and certification under applicable civil service
20law, ordinances, personnel codes, or Division 2.1 of Article 10
21of the Illinois Municipal Code, but these factors shall not be
22the sole or predominant factors considered by the Board in
23determining police supervisory status.
24    Notwithstanding the provisions of the preceding paragraph,
25in determining supervisory status in fire fighter employment,
26no fire fighter shall be excluded as a supervisor who has

 

 

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1established representation rights under Section 9 of this Act.
2Further, in new fire fighter units, employees shall consist of
3fire fighters of the rank of company officer and below. If a
4company officer otherwise qualifies as a supervisor under the
5preceding paragraph, however, he or she shall not be included
6in the fire fighter unit. If there is no rank between that of
7chief and the highest company officer, the employer may
8designate a position on each shift as a Shift Commander, and
9the persons occupying those positions shall be supervisors. All
10other ranks above that of company officer shall be supervisors.
11    (s)(1) "Unit" means a class of jobs or positions that are
12held by employees whose collective interests may suitably be
13represented by a labor organization for collective bargaining.
14Except with respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Department
17of State Police, a bargaining unit determined by the Board
18shall not include both employees and supervisors, or
19supervisors only, except as provided in paragraph (2) of this
20subsection (s) and except for bargaining units in existence on
21July 1, 1984 (the effective date of this Act). With respect to
22non-State fire fighters and paramedics employed by fire
23departments and fire protection districts, non-State peace
24officers, and peace officers in the Department of State Police,
25a bargaining unit determined by the Board shall not include
26both supervisors and nonsupervisors, or supervisors only,

 

 

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1except as provided in paragraph (2) of this subsection (s) and
2except for bargaining units in existence on January 1, 1986
3(the effective date of this amendatory Act of 1985). A
4bargaining unit determined by the Board to contain peace
5officers shall contain no employees other than peace officers
6unless otherwise agreed to by the employer and the labor
7organization or labor organizations involved. Notwithstanding
8any other provision of this Act, a bargaining unit, including a
9historical bargaining unit, containing sworn peace officers of
10the Department of Natural Resources (formerly designated the
11Department of Conservation) shall contain no employees other
12than such sworn peace officers upon the effective date of this
13amendatory Act of 1990 or upon the expiration date of any
14collective bargaining agreement in effect upon the effective
15date of this amendatory Act of 1990 covering both such sworn
16peace officers and other employees.
17    (2) Notwithstanding the exclusion of supervisors from
18bargaining units as provided in paragraph (1) of this
19subsection (s), a public employer may agree to permit its
20supervisory employees to form bargaining units and may bargain
21with those units. This Act shall apply if the public employer
22chooses to bargain under this subsection.
23    (3) Public employees who are court reporters, as defined in
24the Court Reporters Act, shall be divided into 3 units for
25collective bargaining purposes. One unit shall be court
26reporters employed by the Cook County Judicial Circuit; one

 

 

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1unit shall be court reporters employed by the 12th, 18th, 19th,
2and, on and after December 4, 2006, the 22nd judicial circuits;
3and one unit shall be court reporters employed by all other
4judicial circuits.
5(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11.)
 
6    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
7    Sec. 7. Duty to bargain. A public employer and the
8exclusive representative have the authority and the duty to
9bargain collectively set forth in this Section.
10    For the purposes of this Act, "to bargain collectively"
11means the performance of the mutual obligation of the public
12employer or his designated representative and the
13representative of the public employees to meet at reasonable
14times, including meetings in advance of the budget-making
15process, and to negotiate in good faith with respect to wages,
16hours, and other conditions of employment, not excluded by
17Section 4 of this Act, or the negotiation of an agreement, or
18any question arising thereunder and the execution of a written
19contract incorporating any agreement reached if requested by
20either party, but such obligation does not compel either party
21to agree to a proposal or require the making of a concession.
22    The duty "to bargain collectively" shall also include an
23obligation to negotiate over any matter with respect to wages,
24hours and other conditions of employment, not specifically
25provided for in any other law or not specifically in violation

 

 

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1of the provisions of any law. If any other law pertains, in
2part, to a matter affecting the wages, hours and other
3conditions of employment, such other law shall not be construed
4as limiting the duty "to bargain collectively" and to enter
5into collective bargaining agreements containing clauses which
6either supplement, implement, or relate to the effect of such
7provisions in other laws.
8    The duty "to bargain collectively" shall also include
9negotiations as to the terms of a collective bargaining
10agreement. The parties may, by mutual agreement, provide for
11arbitration of impasses resulting from their inability to agree
12upon wages, hours and terms and conditions of employment to be
13included in a collective bargaining agreement. Such
14arbitration provisions shall be subject to the Illinois
15"Uniform Arbitration Act" unless agreed by the parties.
16    The duty "to bargain collectively" shall also mean that no
17party to a collective bargaining contract shall terminate or
18modify such contract, unless the party desiring such
19termination or modification:
20        (1) serves a written notice upon the other party to the
21    contract of the proposed termination or modification 60
22    days prior to the expiration date thereof, or in the event
23    such contract contains no expiration date, 60 days prior to
24    the time it is proposed to make such termination or
25    modification;
26        (2) offers to meet and confer with the other party for

 

 

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1    the purpose of negotiating a new contract or a contract
2    containing the proposed modifications;
3        (3) notifies the Board within 30 days after such notice
4    of the existence of a dispute, provided no agreement has
5    been reached by that time; and
6        (4) continues in full force and effect, without
7    resorting to strike or lockout, all the terms and
8    conditions of the existing contract for a period of 60 days
9    after such notice is given to the other party or until the
10    expiration date of such contract, whichever occurs later.
11    The duties imposed upon employers, employees and labor
12organizations by paragraphs (2), (3) and (4) shall become
13inapplicable upon an intervening certification of the Board,
14under which the labor organization, which is a party to the
15contract, has been superseded as or ceased to be the exclusive
16representative of the employees pursuant to the provisions of
17subsection (a) of Section 9, and the duties so imposed shall
18not be construed as requiring either party to discuss or agree
19to any modification of the terms and conditions contained in a
20contract for a fixed period, if such modification is to become
21effective before such terms and conditions can be reopened
22under the provisions of the contract.
23    Collective bargaining for home care and home health
24workers, including personal care attendants, and personal
25assistants, and maintenance home health workers, under the Home
26Services Program shall be limited to the terms and conditions

 

 

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1of employment under the State's control, as defined in Public
2Act 93-204 or this amendatory Act of the 97th General Assembly,
3as applicable the amendatory Act of the 93rd General Assembly.
4    Collective bargaining for child and day care home providers
5under the child care assistance program shall be limited to the
6terms and conditions of employment under the State's control,
7as defined in this amendatory Act of the 94th General Assembly.
8    Notwithstanding any other provision of this Section,
9whenever collective bargaining is for the purpose of
10establishing an initial agreement following original
11certification of units with fewer than 35 employees, with
12respect to public employees other than peace officers, fire
13fighters, and security employees, the following apply:
14        (1) Not later than 10 days after receiving a written
15    request for collective bargaining from a labor
16    organization that has been newly certified as a
17    representative as defined in Section 6(c), or within such
18    further period as the parties agree upon, the parties shall
19    meet and commence to bargain collectively and shall make
20    every reasonable effort to conclude and sign a collective
21    bargaining agreement.
22        (2) If anytime after the expiration of the 90-day
23    period beginning on the date on which bargaining is
24    commenced the parties have failed to reach an agreement,
25    either party may notify the Illinois Public Labor Relations
26    Board of the existence of a dispute and request mediation

 

 

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1    in accordance with the provisions of Section 14 of this
2    Act.
3        (3) If after the expiration of the 30-day period
4    beginning on the date on which mediation commenced, or such
5    additional period as the parties may agree upon, the
6    mediator is not able to bring the parties to agreement by
7    conciliation, either the exclusive representative of the
8    employees or the employer may request of the other, in
9    writing, arbitration and shall submit a copy of the request
10    to the board. Upon submission of the request for
11    arbitration, the parties shall be required to participate
12    in the impasse arbitration procedures set forth in Section
13    14 of this Act, except the right to strike shall not be
14    considered waived pursuant to Section 17 of this Act, until
15    the actual convening of the arbitration hearing.
16(Source: P.A. 96-598, eff. 1-1-10.)
 
17    Section 10. The Disabled Persons Rehabilitation Act is
18amended by changing Section 3 as follows:
 
19    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
20    Sec. 3. Powers and duties. The Department shall have the
21powers and duties enumerated herein:
22    (a) To co-operate with the federal government in the
23administration of the provisions of the federal Rehabilitation
24Act of 1973, as amended, of the Workforce Investment Act of

 

 

09700HB4177ham001- 23 -LRB097 15168 JDS 67009 a

11998, and of the federal Social Security Act to the extent and
2in the manner provided in these Acts.
3    (b) To prescribe and supervise such courses of vocational
4training and provide such other services as may be necessary
5for the habilitation and rehabilitation of persons with one or
6more disabilities, including the administrative activities
7under subsection (e) of this Section, and to co-operate with
8State and local school authorities and other recognized
9agencies engaged in habilitation, rehabilitation and
10comprehensive rehabilitation services; and to cooperate with
11the Department of Children and Family Services regarding the
12care and education of children with one or more disabilities.
13    (c) (Blank).
14    (d) To report in writing, to the Governor, annually on or
15before the first day of December, and at such other times and
16in such manner and upon such subjects as the Governor may
17require. The annual report shall contain (1) a statement of the
18existing condition of comprehensive rehabilitation services,
19habilitation and rehabilitation in the State; (2) a statement
20of suggestions and recommendations with reference to the
21development of comprehensive rehabilitation services,
22habilitation and rehabilitation in the State; and (3) an
23itemized statement of the amounts of money received from
24federal, State and other sources, and of the objects and
25purposes to which the respective items of these several amounts
26have been devoted.

 

 

09700HB4177ham001- 24 -LRB097 15168 JDS 67009 a

1    (e) (Blank).
2    (f) To establish a program of services to prevent
3unnecessary institutionalization of persons with Alzheimer's
4disease and related disorders or persons in need of long term
5care who are established as blind or disabled as defined by the
6Social Security Act, thereby enabling them to remain in their
7own homes or other living arrangements. Such preventive
8services may include, but are not limited to, any or all of the
9following:
10        (1) home health services;
11        (2) home nursing services;
12        (3) homemaker services;
13        (4) chore and housekeeping services;
14        (5) day care services;
15        (6) home-delivered meals;
16        (7) education in self-care;
17        (8) personal care services;
18        (9) adult day health services;
19        (10) habilitation services;
20        (11) respite care; or
21        (12) other nonmedical social services that may enable
22    the person to become self-supporting.
23    The Department shall establish eligibility standards for
24such services taking into consideration the unique economic and
25social needs of the population for whom they are to be
26provided. Such eligibility standards may be based on the

 

 

09700HB4177ham001- 25 -LRB097 15168 JDS 67009 a

1recipient's ability to pay for services; provided, however,
2that any portion of a person's income that is equal to or less
3than the "protected income" level shall not be considered by
4the Department in determining eligibility. The "protected
5income" level shall be determined by the Department, shall
6never be less than the federal poverty standard, and shall be
7adjusted each year to reflect changes in the Consumer Price
8Index For All Urban Consumers as determined by the United
9States Department of Labor. The standards must provide that a
10person may have not more than $10,000 in assets to be eligible
11for the services, and the Department may increase the asset
12limitation by rule. Additionally, in determining the amount and
13nature of services for which a person may qualify,
14consideration shall not be given to the value of cash, property
15or other assets held in the name of the person's spouse
16pursuant to a written agreement dividing marital property into
17equal but separate shares or pursuant to a transfer of the
18person's interest in a home to his spouse, provided that the
19spouse's share of the marital property is not made available to
20the person seeking such services.
21    The services shall be provided to eligible persons to
22prevent unnecessary or premature institutionalization, to the
23extent that the cost of the services, together with the other
24personal maintenance expenses of the persons, are reasonably
25related to the standards established for care in a group
26facility appropriate to their condition. These

 

 

09700HB4177ham001- 26 -LRB097 15168 JDS 67009 a

1non-institutional services, pilot projects or experimental
2facilities may be provided as part of or in addition to those
3authorized by federal law or those funded and administered by
4the Illinois Department on Aging.
5    Personal care attendants shall be paid:
6        (i) A $5 per hour minimum rate beginning July 1, 1995.
7        (ii) A $5.30 per hour minimum rate beginning July 1,
8    1997.
9        (iii) A $5.40 per hour minimum rate beginning July 1,
10    1998.
11    Solely for the purposes of coverage under the Illinois
12Public Labor Relations Act (5 ILCS 315/), personal care
13attendants and personal assistants providing services under
14the Department's Home Services Program shall be considered to
15be public employees, and the State of Illinois shall be
16considered to be their employer as of the effective date of
17this amendatory Act of the 93rd General Assembly, but not
18before. Solely for the purposes of coverage under the Illinois
19Public Labor Relations Act (5 ILCS 315/), home care and home
20health workers, including personal care attendants, personal
21assistants, and maintenance home health workers, who provide
22services under the Department's Home Services Program shall be
23considered to be public employees, no matter whether the State
24provides such services through direct fee-for-service
25arrangements, with the assistance of a managed care
26organization or other intermediary, or otherwise, and the State

 

 

09700HB4177ham001- 27 -LRB097 15168 JDS 67009 a

1of Illinois shall be considered to be the employer of those
2persons as of the effective date of this amendatory Act of the
397rd General Assembly, but not before except as otherwise
4provided under this subsection (f). The State shall engage in
5collective bargaining with an exclusive representative of home
6care and home health workers, including personal care
7attendants, and personal assistants, and maintenance home
8health workers, working under the Home Services Program
9concerning their terms and conditions of employment that are
10within the State's control. Nothing in this paragraph shall be
11understood to limit the right of the persons receiving services
12defined in this Section to hire and fire home care and home
13health workers, including personal care attendants, and
14personal assistants, and maintenance home health workers, or to
15supervise them within the limitations set by the Home Services
16Program. The State shall not be considered to be the employer
17of home care and home health workers, including personal care
18attendants, and personal assistants, and maintenance home
19health workers, for any purposes not specifically provided in
20Public Act 93-204 or this amendatory Act of the 97th General
21Assembly this amendatory Act of the 93rd General Assembly,
22including but not limited to, purposes of vicarious liability
23in tort and purposes of statutory retirement or health
24insurance benefits. Home care and home health workers,
25including personal Personal care attendants, and personal
26assistants, and maintenance home health workers, shall not be

 

 

09700HB4177ham001- 28 -LRB097 15168 JDS 67009 a

1covered by the State Employees Group Insurance Act of 1971 (5
2ILCS 375/).
3    The Department shall execute, relative to the nursing home
4prescreening project, as authorized by Section 4.03 of the
5Illinois Act on the Aging, written inter-agency agreements with
6the Department on Aging and the Department of Public Aid (now
7Department of Healthcare and Family Services), to effect the
8following: (i) intake procedures and common eligibility
9criteria for those persons who are receiving non-institutional
10services; and (ii) the establishment and development of
11non-institutional services in areas of the State where they are
12not currently available or are undeveloped. On and after July
131, 1996, all nursing home prescreenings for individuals 18
14through 59 years of age shall be conducted by the Department.
15    The Department is authorized to establish a system of
16recipient cost-sharing for services provided under this
17Section. The cost-sharing shall be based upon the recipient's
18ability to pay for services, but in no case shall the
19recipient's share exceed the actual cost of the services
20provided. Protected income shall not be considered by the
21Department in its determination of the recipient's ability to
22pay a share of the cost of services. The level of cost-sharing
23shall be adjusted each year to reflect changes in the
24"protected income" level. The Department shall deduct from the
25recipient's share of the cost of services any money expended by
26the recipient for disability-related expenses.

 

 

09700HB4177ham001- 29 -LRB097 15168 JDS 67009 a

1    The Department, or the Department's authorized
2representative, shall recover the amount of moneys expended for
3services provided to or in behalf of a person under this
4Section by a claim against the person's estate or against the
5estate of the person's surviving spouse, but no recovery may be
6had until after the death of the surviving spouse, if any, and
7then only at such time when there is no surviving child who is
8under age 21, blind, or permanently and totally disabled. This
9paragraph, however, shall not bar recovery, at the death of the
10person, of moneys for services provided to the person or in
11behalf of the person under this Section to which the person was
12not entitled; provided that such recovery shall not be enforced
13against any real estate while it is occupied as a homestead by
14the surviving spouse or other dependent, if no claims by other
15creditors have been filed against the estate, or, if such
16claims have been filed, they remain dormant for failure of
17prosecution or failure of the claimant to compel administration
18of the estate for the purpose of payment. This paragraph shall
19not bar recovery from the estate of a spouse, under Sections
201915 and 1924 of the Social Security Act and Section 5-4 of the
21Illinois Public Aid Code, who precedes a person receiving
22services under this Section in death. All moneys for services
23paid to or in behalf of the person under this Section shall be
24claimed for recovery from the deceased spouse's estate.
25"Homestead", as used in this paragraph, means the dwelling
26house and contiguous real estate occupied by a surviving spouse

 

 

09700HB4177ham001- 30 -LRB097 15168 JDS 67009 a

1or relative, as defined by the rules and regulations of the
2Department of Healthcare and Family Services, regardless of the
3value of the property.
4    The Department and the Department on Aging shall cooperate
5in the development and submission of an annual report on
6programs and services provided under this Section. Such joint
7report shall be filed with the Governor and the General
8Assembly on or before March 30 each year.
9    The requirement for reporting to the General Assembly shall
10be satisfied by filing copies of the report with the Speaker,
11the Minority Leader and the Clerk of the House of
12Representatives and the President, the Minority Leader and the
13Secretary of the Senate and the Legislative Research Unit, as
14required by Section 3.1 of the General Assembly Organization
15Act, and filing additional copies with the State Government
16Report Distribution Center for the General Assembly as required
17under paragraph (t) of Section 7 of the State Library Act.
18    (g) To establish such subdivisions of the Department as
19shall be desirable and assign to the various subdivisions the
20responsibilities and duties placed upon the Department by law.
21    (h) To cooperate and enter into any necessary agreements
22with the Department of Employment Security for the provision of
23job placement and job referral services to clients of the
24Department, including job service registration of such clients
25with Illinois Employment Security offices and making job
26listings maintained by the Department of Employment Security

 

 

09700HB4177ham001- 31 -LRB097 15168 JDS 67009 a

1available to such clients.
2    (i) To possess all powers reasonable and necessary for the
3exercise and administration of the powers, duties and
4responsibilities of the Department which are provided for by
5law.
6    (j) To establish a procedure whereby new providers of
7personal care attendant services shall submit vouchers to the
8State for payment two times during their first month of
9employment and one time per month thereafter. In no case shall
10the Department pay personal care attendants an hourly wage that
11is less than the federal minimum wage.
12    (k) To provide adequate notice to providers of chore and
13housekeeping services informing them that they are entitled to
14an interest payment on bills which are not promptly paid
15pursuant to Section 3 of the State Prompt Payment Act.
16    (l) To establish, operate and maintain a Statewide Housing
17Clearinghouse of information on available, government
18subsidized housing accessible to disabled persons and
19available privately owned housing accessible to disabled
20persons. The information shall include but not be limited to
21the location, rental requirements, access features and
22proximity to public transportation of available housing. The
23Clearinghouse shall consist of at least a computerized database
24for the storage and retrieval of information and a separate or
25shared toll free telephone number for use by those seeking
26information from the Clearinghouse. Department offices and

 

 

09700HB4177ham001- 32 -LRB097 15168 JDS 67009 a

1personnel throughout the State shall also assist in the
2operation of the Statewide Housing Clearinghouse. Cooperation
3with local, State and federal housing managers shall be sought
4and extended in order to frequently and promptly update the
5Clearinghouse's information.
6    (m) To assure that the names and case records of persons
7who received or are receiving services from the Department,
8including persons receiving vocational rehabilitation, home
9services, or other services, and those attending one of the
10Department's schools or other supervised facility shall be
11confidential and not be open to the general public. Those case
12records and reports or the information contained in those
13records and reports shall be disclosed by the Director only to
14proper law enforcement officials, individuals authorized by a
15court, the General Assembly or any committee or commission of
16the General Assembly, and other persons and for reasons as the
17Director designates by rule. Disclosure by the Director may be
18only in accordance with other applicable law.
19(Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".