HB5935 EngrossedLRB098 17728 KTG 54974 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8    (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State Police,
12means the labor organization that has been (i) designated by
13the Board as the representative of a majority of public
14employees in an appropriate bargaining unit in accordance with
15the procedures contained in this Act, (ii) historically
16recognized by the State of Illinois or any political
17subdivision of the State before July 1, 1984 (the effective
18date of this Act) as the exclusive representative of the
19employees in an appropriate bargaining unit, (iii) after July
201, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the labor
22organization has been designated as the exclusive
23representative by a majority of the employees in an appropriate
24bargaining unit; (iv) recognized as the exclusive
25representative of personal care attendants or personal
26assistants under Executive Order 2003-8 prior to the effective

 

 

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1date of this amendatory Act of the 93rd General Assembly, and
2the organization shall be considered to be the exclusive
3representative of the personal care attendants or personal
4assistants as defined in this Section; or (v) recognized as the
5exclusive representative of child and day care home providers,
6including licensed and license exempt providers, pursuant to an
7election held under Executive Order 2005-1 prior to the
8effective date of this amendatory Act of the 94th General
9Assembly, and the organization shall be considered to be the
10exclusive representative of the child and day care home
11providers as defined in this Section.
12    With respect to non-State fire fighters and paramedics
13employed by fire departments and fire protection districts,
14non-State peace officers, and peace officers in the Department
15of State Police, "exclusive representative" means the labor
16organization that has been (i) designated by the Board as the
17representative of a majority of peace officers or fire fighters
18in an appropriate bargaining unit in accordance with the
19procedures contained in this Act, (ii) historically recognized
20by the State of Illinois or any political subdivision of the
21State before January 1, 1986 (the effective date of this
22amendatory Act of 1985) as the exclusive representative by a
23majority of the peace officers or fire fighters in an
24appropriate bargaining unit, or (iii) after January 1, 1986
25(the effective date of this amendatory Act of 1985) recognized
26by an employer upon evidence, acceptable to the Board, that the

 

 

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1labor organization has been designated as the exclusive
2representative by a majority of the peace officers or fire
3fighters in an appropriate bargaining unit.
4    Where a historical pattern of representation exists for the
5workers of a water system that was owned by a public utility,
6as defined in Section 3-105 of the Public Utilities Act, prior
7to becoming certified employees of a municipality or
8municipalities once the municipality or municipalities have
9acquired the water system as authorized in Section 11-124-5 of
10the Illinois Municipal Code, the Board shall find the labor
11organization that has historically represented the workers to
12be the exclusive representative under this Act, and shall find
13the unit represented by the exclusive representative to be the
14appropriate unit.
15    (g) "Fair share agreement" means an agreement between the
16employer and an employee organization under which all or any of
17the employees in a collective bargaining unit are required to
18pay their proportionate share of the costs of the collective
19bargaining process, contract administration, and pursuing
20matters affecting wages, hours, and other conditions of
21employment, but not to exceed the amount of dues uniformly
22required of members. The amount certified by the exclusive
23representative shall not include any fees for contributions
24related to the election or support of any candidate for
25political office. Nothing in this subsection (g) shall preclude
26an employee from making voluntary political contributions in

 

 

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1conjunction with his or her fair share payment.
2    (g-1) "Fire fighter" means, for the purposes of this Act
3only, any person who has been or is hereafter appointed to a
4fire department or fire protection district or employed by a
5state university and sworn or commissioned to perform fire
6fighter duties or paramedic duties, except that the following
7persons are not included: part-time fire fighters, auxiliary,
8reserve or voluntary fire fighters, including paid on-call fire
9fighters, clerks and dispatchers or other civilian employees of
10a fire department or fire protection district who are not
11routinely expected to perform fire fighter duties, or elected
12officials.
13    (g-2) "General Assembly of the State of Illinois" means the
14legislative branch of the government of the State of Illinois,
15as provided for under Article IV of the Constitution of the
16State of Illinois, and includes but is not limited to the House
17of Representatives, the Senate, the Speaker of the House of
18Representatives, the Minority Leader of the House of
19Representatives, the President of the Senate, the Minority
20Leader of the Senate, the Joint Committee on Legislative
21Support Services and any legislative support services agency
22listed in the Legislative Commission Reorganization Act of
231984.
24    (h) "Governing body" means, in the case of the State, the
25State Panel of the Illinois Labor Relations Board, the Director
26of the Department of Central Management Services, and the

 

 

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1Director of the Department of Labor; the county board in the
2case of a county; the corporate authorities in the case of a
3municipality; and the appropriate body authorized to provide
4for expenditures of its funds in the case of any other unit of
5government.
6    (i) "Labor organization" means any organization in which
7public employees participate and that exists for the purpose,
8in whole or in part, of dealing with a public employer
9concerning wages, hours, and other terms and conditions of
10employment, including the settlement of grievances.
11    (i-5) "Legislative liaison" means a person who is an
12employee of a State agency, the Attorney General, the Secretary
13of State, the Comptroller, or the Treasurer, as the case may
14be, and whose job duties require the person to regularly
15communicate in the course of his or her employment with any
16official or staff of the General Assembly of the State of
17Illinois for the purpose of influencing any legislative action.
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. With
22respect only to State employees in positions under the
23jurisdiction of the Attorney General, Secretary of State,
24Comptroller, or Treasurer (i) that were certified in a
25bargaining unit on or after December 2, 2008, (ii) for which a
26petition is filed with the Illinois Public Labor Relations

 

 

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1Board on or after April 5, 2013 (the effective date of Public
2Act 97-1172), or (iii) for which a petition is pending before
3the Illinois Public Labor Relations Board on that date,
4"managerial employee" means an individual who is engaged in
5executive and management functions or who is charged with the
6effectuation of management policies and practices or who
7represents management interests by taking or recommending
8discretionary actions that effectively control or implement
9policy. Nothing in this definition prohibits an individual from
10also meeting the definition of "supervisor" under subsection
11(r) of this Section.
12    (k) "Peace officer" means, for the purposes of this Act
13only, any persons who have been or are hereafter appointed to a
14police force, department, or agency and sworn or commissioned
15to perform police duties, except that the following persons are
16not included: part-time police officers, special police
17officers, auxiliary police as defined by Section 3.1-30-20 of
18the Illinois Municipal Code, night watchmen, "merchant
19police", court security officers as defined by Section 3-6012.1
20of the Counties Code, temporary employees, traffic guards or
21wardens, civilian parking meter and parking facilities
22personnel or other individuals specially appointed to aid or
23direct traffic at or near schools or public functions or to aid
24in civil defense or disaster, parking enforcement employees who
25are not commissioned as peace officers and who are not armed
26and who are not routinely expected to effect arrests, parking

 

 

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1lot attendants, clerks and dispatchers or other civilian
2employees of a police department who are not routinely expected
3to effect arrests, or elected officials.
4    (l) "Person" includes one or more individuals, labor
5organizations, public employees, associations, corporations,
6legal representatives, trustees, trustees in bankruptcy,
7receivers, or the State of Illinois or any political
8subdivision of the State or governing body, but does not
9include the General Assembly of the State of Illinois or any
10individual employed by the General Assembly of the State of
11Illinois.
12    (m) "Professional employee" means any employee engaged in
13work predominantly intellectual and varied in character rather
14than routine mental, manual, mechanical or physical work;
15involving the consistent exercise of discretion and adjustment
16in its performance; of such a character that the output
17produced or the result accomplished cannot be standardized in
18relation to a given period of time; and requiring advanced
19knowledge in a field of science or learning customarily
20acquired by a prolonged course of specialized intellectual
21instruction and study in an institution of higher learning or a
22hospital, as distinguished from a general academic education or
23from apprenticeship or from training in the performance of
24routine mental, manual, or physical processes; or any employee
25who has completed the courses of specialized intellectual
26instruction and study prescribed in this subsection (m) and is

 

 

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1performing related work under the supervision of a professional
2person to qualify to become a professional employee as defined
3in this subsection (m).
4    (n) "Public employee" or "employee", for the purposes of
5this Act, means any individual employed by a public employer,
6including (i) interns and residents at public hospitals, (ii)
7as of the effective date of this amendatory Act of the 93rd
8General Assembly, but not before, personal care attendants and
9personal assistants working under the Home Services Program
10under Section 3 of the Disabled Persons Rehabilitation Act,
11subject to the limitations set forth in this Act and in the
12Disabled Persons Rehabilitation Act, (iii) as of the effective
13date of this amendatory Act of the 94th General Assembly, but
14not before, child and day care home providers participating in
15the child care assistance program under Section 9A-11 of the
16Illinois Public Aid Code, subject to the limitations set forth
17in this Act and in Section 9A-11 of the Illinois Public Aid
18Code, (iv) as of January 29, 2013 (the effective date of Public
19Act 97-1158), but not before except as otherwise provided in
20this subsection (n), home care and home health workers who
21function as personal care attendants, personal assistants, and
22individual maintenance home health workers and who also work
23under the Home Services Program under Section 3 of the Disabled
24Persons Rehabilitation Act, no matter whether the State
25provides those services through direct fee-for-service
26arrangements, with the assistance of a managed care

 

 

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1organization or other intermediary, or otherwise, (v)
2beginning on the effective date of this amendatory Act of the
398th General Assembly and notwithstanding any other provision
4of this Act, any person employed by a public employer and who
5is classified as or who holds the employment title of Chief
6Stationary Engineer, Assistant Chief Stationary Engineer,
7Sewage Plant Operator, Water Plant Operator, Stationary
8Engineer, Plant Operating Engineer, and any other employee who
9holds the position of: Civil Engineer V, Civil Engineer VI,
10Civil Engineer VII, Technical Manager I, Technical Manager II,
11Technical Manager III, Technical Manager IV, Technical Manager
12V, Technical Manager VI, Realty Specialist III, Realty
13Specialist IV, Realty Specialist V, Technical Advisor I,
14Technical Advisor II, Technical Advisor III, Technical Advisor
15IV, or Technical Advisor V employed by the Department of
16Transportation who is in a position which is certified in a
17bargaining unit on or before the effective date of this
18amendatory Act of the 98th General Assembly, and (vi) beginning
19on the effective date of this amendatory Act of the 98th
20General Assembly and notwithstanding any other provision of
21this Act, any mental health administrator in the Department of
22Corrections who is classified as or who holds the position of
23Public Service Administrator (Option 8K), any employee of the
24Office of the Inspector General in the Department of Human
25Services who is classified as or who holds the position of
26Public Service Administrator (Option 7), any Deputy of

 

 

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1Intelligence in the Department of Corrections who is classified
2as or who holds the position of Public Service Administrator
3(Option 7), and any employee of the Department of State Police
4who handles issues concerning the Illinois State Police Sex
5Offender Registry and who is classified as or holds the
6position of Public Service Administrator (Option 7), but
7excluding all of the following: employees of the General
8Assembly of the State of Illinois; elected officials; executive
9heads of a department; members of boards or commissions; the
10Executive Inspectors General; any special Executive Inspectors
11General; employees of each Office of an Executive Inspector
12General; commissioners and employees of the Executive Ethics
13Commission; the Auditor General's Inspector General; employees
14of the Office of the Auditor General's Inspector General; the
15Legislative Inspector General; any special Legislative
16Inspectors General; employees of the Office of the Legislative
17Inspector General; commissioners and employees of the
18Legislative Ethics Commission; employees of any agency, board
19or commission created by this Act; employees appointed to State
20positions of a temporary or emergency nature; all employees of
21school districts and higher education institutions except
22firefighters and peace officers employed by a state university
23and except peace officers employed by a school district in its
24own police department in existence on the effective date of
25this amendatory Act of the 96th General Assembly; managerial
26employees; short-term employees; legislative liaisons; a

 

 

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1person who is a State employee under the jurisdiction of the
2Office of the Attorney General who is licensed to practice law
3or whose position authorizes, either directly or indirectly,
4meaningful input into government decision-making on issues
5where there is room for principled disagreement on goals or
6their implementation; a person who is a State employee under
7the jurisdiction of the Office of the Comptroller who holds the
8position of Public Service Administrator or whose position is
9otherwise exempt under the Comptroller Merit Employment Code; a
10person who is a State employee under the jurisdiction of the
11Secretary of State who holds the position classification of
12Executive I or higher, whose position authorizes, either
13directly or indirectly, meaningful input into government
14decision-making on issues where there is room for principled
15disagreement on goals or their implementation, or who is
16otherwise exempt under the Secretary of State Merit Employment
17Code; employees in the Office of the Secretary of State who are
18completely exempt from jurisdiction B of the Secretary of State
19Merit Employment Code and who are in Rutan-exempt positions on
20or after April 5, 2013 (the effective date of Public Act
2197-1172); a person who is a State employee under the
22jurisdiction of the Treasurer who holds a position that is
23exempt from the State Treasurer Employment Code; any employee
24of a State agency who (i) holds the title or position of, or
25exercises substantially similar duties as a legislative
26liaison, Agency General Counsel, Agency Chief of Staff, Agency

 

 

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1Executive Director, Agency Deputy Director, Agency Chief
2Fiscal Officer, Agency Human Resources Director, Public
3Information Officer, or Chief Information Officer and (ii) was
4neither included in a bargaining unit nor subject to an active
5petition for certification in a bargaining unit; any employee
6of a State agency who (i) is in a position that is
7Rutan-exempt, as designated by the employer, and completely
8exempt from jurisdiction B of the Personnel Code and (ii) was
9neither included in a bargaining unit nor subject to an active
10petition for certification in a bargaining unit; any term
11appointed employee of a State agency pursuant to Section 8b.18
12or 8b.19 of the Personnel Code who was neither included in a
13bargaining unit nor subject to an active petition for
14certification in a bargaining unit; any employment position
15properly designated pursuant to Section 6.1 of this Act;
16confidential employees; independent contractors; and
17supervisors except as provided in this Act.
18    Home care and home health workers who function as personal
19care attendants, personal assistants, and individual
20maintenance home health workers and who also work under the
21Home Services Program under Section 3 of the Disabled Persons
22Rehabilitation Act shall not be considered public employees for
23any purposes not specifically provided for in Public Act 93-204
24or Public Act 97-1158, including but not limited to, purposes
25of vicarious liability in tort and purposes of statutory
26retirement or health insurance benefits. Home care and home

 

 

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1health workers who function as personal care attendants,
2personal assistants, and individual maintenance home health
3workers and who also work under the Home Services Program under
4Section 3 of the Disabled Persons Rehabilitation Act shall not
5be covered by the State Employees Group Insurance Act of 1971
6(5 ILCS 375/).
7    Child and day care home providers shall not be considered
8public employees for any purposes not specifically provided for
9in this amendatory Act of the 94th General Assembly, including
10but not limited to, purposes of vicarious liability in tort and
11purposes of statutory retirement or health insurance benefits.
12Child and day care home providers shall not be covered by the
13State Employees Group Insurance Act of 1971.
14    Notwithstanding Section 9, subsection (c), or any other
15provisions of this Act, all peace officers above the rank of
16captain in municipalities with more than 1,000,000 inhabitants
17shall be excluded from this Act.
18    (o) Except as otherwise in subsection (o-5), "public
19employer" or "employer" means the State of Illinois; any
20political subdivision of the State, unit of local government or
21school district; authorities including departments, divisions,
22bureaus, boards, commissions, or other agencies of the
23foregoing entities; and any person acting within the scope of
24his or her authority, express or implied, on behalf of those
25entities in dealing with its employees. As of the effective
26date of the amendatory Act of the 93rd General Assembly, but

 

 

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1not before, the State of Illinois shall be considered the
2employer of the personal care attendants and personal
3assistants working under the Home Services Program under
4Section 3 of the Disabled Persons Rehabilitation Act, subject
5to the limitations set forth in this Act and in the Disabled
6Persons Rehabilitation Act. As of January 29, 2013 (the
7effective date of Public Act 97-1158), but not before except as
8otherwise provided in this subsection (o), the State shall be
9considered the employer of home care and home health workers
10who function as personal care attendants, personal assistants,
11and individual maintenance home health workers and who also
12work under the Home Services Program under Section 3 of the
13Disabled Persons Rehabilitation Act, no matter whether the
14State provides those services through direct fee-for-service
15arrangements, with the assistance of a managed care
16organization or other intermediary, or otherwise, but subject
17to the limitations set forth in this Act and the Disabled
18Persons Rehabilitation Act. The State shall not be considered
19to be the employer of home care and home health workers who
20function as personal care attendants, personal assistants, and
21individual maintenance home health workers and who also work
22under the Home Services Program under Section 3 of the Disabled
23Persons Rehabilitation Act, for any purposes not specifically
24provided for in Public Act 93-204 or Public Act 97-1158,
25including but not limited to, purposes of vicarious liability
26in tort and purposes of statutory retirement or health

 

 

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1insurance benefits. Home care and home health workers who
2function as personal care attendants, personal assistants, and
3individual maintenance home health workers and who also work
4under the Home Services Program under Section 3 of the Disabled
5Persons Rehabilitation Act shall not be covered by the State
6Employees Group Insurance Act of 1971 (5 ILCS 375/). As of the
7effective date of this amendatory Act of the 94th General
8Assembly but not before, the State of Illinois shall be
9considered the employer of the day and child care home
10providers participating in the child care assistance program
11under Section 9A-11 of the Illinois Public Aid Code, subject to
12the limitations set forth in this Act and in Section 9A-11 of
13the Illinois Public Aid Code. The State shall not be considered
14to be the employer of child and day care home providers for any
15purposes not specifically provided for in this amendatory Act
16of the 94th General Assembly, including but not limited to,
17purposes of vicarious liability in tort and purposes of
18statutory retirement or health insurance benefits. Child and
19day care home providers shall not be covered by the State
20Employees Group Insurance Act of 1971.
21    "Public employer" or "employer" as used in this Act,
22however, does not mean and shall not include the General
23Assembly of the State of Illinois, the Executive Ethics
24Commission, the Offices of the Executive Inspectors General,
25the Legislative Ethics Commission, the Office of the
26Legislative Inspector General, the Office of the Auditor

 

 

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1General's Inspector General, the Office of the Governor, the
2Governor's Office of Management and Budget, the Illinois
3Finance Authority, the Office of the Lieutenant Governor, the
4State Board of Elections, and educational employers or
5employers as defined in the Illinois Educational Labor
6Relations Act, except with respect to a state university in its
7employment of firefighters and peace officers and except with
8respect to a school district in the employment of peace
9officers in its own police department in existence on the
10effective date of this amendatory Act of the 96th General
11Assembly. County boards and county sheriffs shall be designated
12as joint or co-employers of county peace officers appointed
13under the authority of a county sheriff. Nothing in this
14subsection (o) shall be construed to prevent the State Panel or
15the Local Panel from determining that employers are joint or
16co-employers.
17    (o-5) With respect to wages, fringe benefits, hours,
18holidays, vacations, proficiency examinations, sick leave, and
19other conditions of employment, the public employer of public
20employees who are court reporters, as defined in the Court
21Reporters Act, shall be determined as follows:
22        (1) For court reporters employed by the Cook County
23    Judicial Circuit, the chief judge of the Cook County
24    Circuit Court is the public employer and employer
25    representative.
26        (2) For court reporters employed by the 12th, 18th,

 

 

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1    19th, and, on and after December 4, 2006, the 22nd judicial
2    circuits, a group consisting of the chief judges of those
3    circuits, acting jointly by majority vote, is the public
4    employer and employer representative.
5        (3) For court reporters employed by all other judicial
6    circuits, a group consisting of the chief judges of those
7    circuits, acting jointly by majority vote, is the public
8    employer and employer representative.
9    (p) "Security employee" means an employee who is
10responsible for the supervision and control of inmates at
11correctional facilities. The term also includes other
12non-security employees in bargaining units having the majority
13of employees being responsible for the supervision and control
14of inmates at correctional facilities.
15    (q) "Short-term employee" means an employee who is employed
16for less than 2 consecutive calendar quarters during a calendar
17year and who does not have a reasonable assurance that he or
18she will be rehired by the same employer for the same service
19in a subsequent calendar year.
20    (q-5) "State agency" means an agency directly responsible
21to the Governor, as defined in Section 3.1 of the Executive
22Reorganization Implementation Act, and the Illinois Commerce
23Commission, the Illinois Workers' Compensation Commission, the
24Civil Service Commission, the Pollution Control Board, the
25Illinois Racing Board, and the Department of State Police Merit
26Board.

 

 

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1    (r) "Supervisor" is:
2        (1) An employee whose principal work is substantially
3    different from that of his or her subordinates and who has
4    authority, in the interest of the employer, to hire,
5    transfer, suspend, lay off, recall, promote, discharge,
6    direct, reward, or discipline employees, to adjust their
7    grievances, or to effectively recommend any of those
8    actions, if the exercise of that authority is not of a
9    merely routine or clerical nature, but requires the
10    consistent use of independent judgment. Except with
11    respect to police employment, the term "supervisor"
12    includes only those individuals who devote a preponderance
13    of their employment time to exercising that authority,
14    State supervisors notwithstanding. Nothing in this
15    definition prohibits an individual from also meeting the
16    definition of "managerial employee" under subsection (j)
17    of this Section. In addition, in determining supervisory
18    status in police employment, rank shall not be
19    determinative. The Board shall consider, as evidence of
20    bargaining unit inclusion or exclusion, the common law
21    enforcement policies and relationships between police
22    officer ranks and certification under applicable civil
23    service law, ordinances, personnel codes, or Division 2.1
24    of Article 10 of the Illinois Municipal Code, but these
25    factors shall not be the sole or predominant factors
26    considered by the Board in determining police supervisory

 

 

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1    status.
2        Notwithstanding the provisions of the preceding
3    paragraph, in determining supervisory status in fire
4    fighter employment, no fire fighter shall be excluded as a
5    supervisor who has established representation rights under
6    Section 9 of this Act. Further, in new fire fighter units,
7    employees shall consist of fire fighters of the rank of
8    company officer and below. If a company officer otherwise
9    qualifies as a supervisor under the preceding paragraph,
10    however, he or she shall not be included in the fire
11    fighter unit. If there is no rank between that of chief and
12    the highest company officer, the employer may designate a
13    position on each shift as a Shift Commander, and the
14    persons occupying those positions shall be supervisors.
15    All other ranks above that of company officer shall be
16    supervisors.
17        (2) With respect only to State employees in positions
18    under the jurisdiction of the Attorney General, Secretary
19    of State, Comptroller, or Treasurer (i) that were certified
20    in a bargaining unit on or after December 2, 2008, (ii) for
21    which a petition is filed with the Illinois Public Labor
22    Relations Board on or after April 5, 2013 (the effective
23    date of Public Act 97-1172), or (iii) for which a petition
24    is pending before the Illinois Public Labor Relations Board
25    on that date, an employee who qualifies as a supervisor
26    under (A) Section 152 of the National Labor Relations Act

 

 

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1    and (B) orders of the National Labor Relations Board
2    interpreting that provision or decisions of courts
3    reviewing decisions of the National Labor Relations Board.
4    (s)(1) "Unit" means a class of jobs or positions that are
5held by employees whose collective interests may suitably be
6represented by a labor organization for collective bargaining.
7Except with respect to non-State fire fighters and paramedics
8employed by fire departments and fire protection districts,
9non-State peace officers, and peace officers in the Department
10of State Police, a bargaining unit determined by the Board
11shall not include both employees and supervisors, or
12supervisors only, except as provided in paragraph (2) of this
13subsection (s) and except for bargaining units in existence on
14July 1, 1984 (the effective date of this Act). With respect to
15non-State fire fighters and paramedics employed by fire
16departments and fire protection districts, non-State peace
17officers, and peace officers in the Department of State Police,
18a bargaining unit determined by the Board shall not include
19both supervisors and nonsupervisors, or supervisors only,
20except as provided in paragraph (2) of this subsection (s) and
21except for bargaining units in existence on January 1, 1986
22(the effective date of this amendatory Act of 1985). A
23bargaining unit determined by the Board to contain peace
24officers shall contain no employees other than peace officers
25unless otherwise agreed to by the employer and the labor
26organization or labor organizations involved. Notwithstanding

 

 

HB5935 Engrossed- 22 -LRB098 17728 KTG 54974 b

1any other provision of this Act, a bargaining unit, including a
2historical bargaining unit, containing sworn peace officers of
3the Department of Natural Resources (formerly designated the
4Department of Conservation) shall contain no employees other
5than such sworn peace officers upon the effective date of this
6amendatory Act of 1990 or upon the expiration date of any
7collective bargaining agreement in effect upon the effective
8date of this amendatory Act of 1990 covering both such sworn
9peace officers and other employees.
10    (2) Notwithstanding the exclusion of supervisors from
11bargaining units as provided in paragraph (1) of this
12subsection (s), a public employer may agree to permit its
13supervisory employees to form bargaining units and may bargain
14with those units. This Act shall apply if the public employer
15chooses to bargain under this subsection.
16    (3) Public employees who are court reporters, as defined in
17the Court Reporters Act, shall be divided into 3 units for
18collective bargaining purposes. One unit shall be court
19reporters employed by the Cook County Judicial Circuit; one
20unit shall be court reporters employed by the 12th, 18th, 19th,
21and, on and after December 4, 2006, the 22nd judicial circuits;
22and one unit shall be court reporters employed by all other
23judicial circuits.
24    (t) "Active petition for certification in a bargaining
25unit" means a petition for certification filed with the Board
26under one of the following case numbers: S-RC-11-110;

 

 

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1S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
2S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
3S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
4S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
5S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
6S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
7S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
8S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
9S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
10S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
11S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
12S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
13S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
14S-RC-07-100.
15(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13;
1697-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
 
17    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
18    Sec. 7. Duty to bargain. A public employer and the
19exclusive representative have the authority and the duty to
20bargain collectively set forth in this Section.
21    For the purposes of this Act, "to bargain collectively"
22means the performance of the mutual obligation of the public
23employer or his designated representative and the
24representative of the public employees to meet at reasonable
25times, including meetings in advance of the budget-making

 

 

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1process, and to negotiate in good faith with respect to wages,
2hours, and other conditions of employment, not excluded by
3Section 4 of this Act, or the negotiation of an agreement, or
4any question arising thereunder and the execution of a written
5contract incorporating any agreement reached if requested by
6either party, but such obligation does not compel either party
7to agree to a proposal or require the making of a concession.
8    The duty "to bargain collectively" shall also include an
9obligation to negotiate over any matter with respect to wages,
10hours and other conditions of employment, not specifically
11provided for in any other law or not specifically in violation
12of the provisions of any law. If any other law pertains, in
13part, to a matter affecting the wages, hours and other
14conditions of employment, such other law shall not be construed
15as limiting the duty "to bargain collectively" and to enter
16into collective bargaining agreements containing clauses which
17either supplement, implement, or relate to the effect of such
18provisions in other laws.
19    The duty "to bargain collectively" shall also include
20negotiations as to the terms of a collective bargaining
21agreement. The parties may, by mutual agreement, provide for
22arbitration of impasses resulting from their inability to agree
23upon wages, hours and terms and conditions of employment to be
24included in a collective bargaining agreement. Such
25arbitration provisions shall be subject to the Illinois
26"Uniform Arbitration Act" unless agreed by the parties.

 

 

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1    The duty "to bargain collectively" shall also mean that no
2party to a collective bargaining contract shall terminate or
3modify such contract, unless the party desiring such
4termination or modification:
5        (1) serves a written notice upon the other party to the
6    contract of the proposed termination or modification 60
7    days prior to the expiration date thereof, or in the event
8    such contract contains no expiration date, 60 days prior to
9    the time it is proposed to make such termination or
10    modification;
11        (2) offers to meet and confer with the other party for
12    the purpose of negotiating a new contract or a contract
13    containing the proposed modifications;
14        (3) notifies the Board within 30 days after such notice
15    of the existence of a dispute, provided no agreement has
16    been reached by that time; and
17        (4) continues in full force and effect, without
18    resorting to strike or lockout, all the terms and
19    conditions of the existing contract for a period of 60 days
20    after such notice is given to the other party or until the
21    expiration date of such contract, whichever occurs later.
22    The duties imposed upon employers, employees and labor
23organizations by paragraphs (2), (3) and (4) shall become
24inapplicable upon an intervening certification of the Board,
25under which the labor organization, which is a party to the
26contract, has been superseded as or ceased to be the exclusive

 

 

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1representative of the employees pursuant to the provisions of
2subsection (a) of Section 9, and the duties so imposed shall
3not be construed as requiring either party to discuss or agree
4to any modification of the terms and conditions contained in a
5contract for a fixed period, if such modification is to become
6effective before such terms and conditions can be reopened
7under the provisions of the contract.
8    Collective bargaining for home care and home health workers
9who function as personal care attendants, personal assistants,
10and individual maintenance home health workers under the Home
11Services Program shall be limited to the terms and conditions
12of employment under the State's control, as defined in Public
13Act 93-204 or this amendatory Act of the 97th General Assembly,
14as applicable.
15    Collective bargaining for child and day care home providers
16under the child care assistance program shall be limited to the
17terms and conditions of employment under the State's control,
18as defined in this amendatory Act of the 94th General Assembly.
19    Notwithstanding any other provision of this Section,
20whenever collective bargaining is for the purpose of
21establishing an initial agreement following original
22certification of units with fewer than 35 employees, with
23respect to public employees other than peace officers, fire
24fighters, and security employees, the following apply:
25        (1) Not later than 10 days after receiving a written
26    request for collective bargaining from a labor

 

 

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1    organization that has been newly certified as a
2    representative as defined in Section 6(c), or within such
3    further period as the parties agree upon, the parties shall
4    meet and commence to bargain collectively and shall make
5    every reasonable effort to conclude and sign a collective
6    bargaining agreement.
7        (2) If anytime after the expiration of the 90-day
8    period beginning on the date on which bargaining is
9    commenced the parties have failed to reach an agreement,
10    either party may notify the Illinois Public Labor Relations
11    Board of the existence of a dispute and request mediation
12    in accordance with the provisions of Section 14 of this
13    Act.
14        (3) If after the expiration of the 30-day period
15    beginning on the date on which mediation commenced, or such
16    additional period as the parties may agree upon, the
17    mediator is not able to bring the parties to agreement by
18    conciliation, either the exclusive representative of the
19    employees or the employer may request of the other, in
20    writing, arbitration and shall submit a copy of the request
21    to the board. Upon submission of the request for
22    arbitration, the parties shall be required to participate
23    in the impasse arbitration procedures set forth in Section
24    14 of this Act, except the right to strike shall not be
25    considered waived pursuant to Section 17 of this Act, until
26    the actual convening of the arbitration hearing.

 

 

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1(Source: P.A. 96-598, eff. 1-1-10; 97-1158, eff. 1-29-13.)
 
2    Section 10. The Disabled Persons Rehabilitation Act is
3amended by changing Section 3 and by adding Section 5b as
4follows:
 
5    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
6    (Text of Section from P.A. 97-732)
7    Sec. 3. Powers and duties. The Department shall have the
8powers and duties enumerated herein:
9    (a) To co-operate with the federal government in the
10administration of the provisions of the federal Rehabilitation
11Act of 1973, as amended, of the Workforce Investment Act of
121998, and of the federal Social Security Act to the extent and
13in the manner provided in these Acts.
14    (b) To prescribe and supervise such courses of vocational
15training and provide such other services as may be necessary
16for the habilitation and rehabilitation of persons with one or
17more disabilities, including the administrative activities
18under subsection (e) of this Section, and to co-operate with
19State and local school authorities and other recognized
20agencies engaged in habilitation, rehabilitation and
21comprehensive rehabilitation services; and to cooperate with
22the Department of Children and Family Services regarding the
23care and education of children with one or more disabilities.
24    (c) (Blank).

 

 

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1    (d) To report in writing, to the Governor, annually on or
2before the first day of December, and at such other times and
3in such manner and upon such subjects as the Governor may
4require. The annual report shall contain (1) a statement of the
5existing condition of comprehensive rehabilitation services,
6habilitation and rehabilitation in the State; (2) a statement
7of suggestions and recommendations with reference to the
8development of comprehensive rehabilitation services,
9habilitation and rehabilitation in the State; and (3) an
10itemized statement of the amounts of money received from
11federal, State and other sources, and of the objects and
12purposes to which the respective items of these several amounts
13have been devoted.
14    (e) (Blank).
15    (f) To establish a program of services to prevent
16unnecessary institutionalization of persons with Alzheimer's
17disease and related disorders or persons in need of long term
18care who are established as blind or disabled as defined by the
19Social Security Act, thereby enabling them to remain in their
20own homes or other living arrangements. Such preventive
21services may include, but are not limited to, any or all of the
22following:
23        (1) home health services;
24        (2) home nursing services;
25        (3) homemaker services;
26        (4) chore and housekeeping services;

 

 

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1        (5) day care services;
2        (6) home-delivered meals;
3        (7) education in self-care;
4        (8) personal care services;
5        (9) adult day health services;
6        (10) habilitation services;
7        (11) respite care; or
8        (12) other nonmedical social services that may enable
9    the person to become self-supporting.
10    The Department shall establish eligibility standards for
11such services taking into consideration the unique economic and
12social needs of the population for whom they are to be
13provided. Such eligibility standards may be based on the
14recipient's ability to pay for services; provided, however,
15that any portion of a person's income that is equal to or less
16than the "protected income" level shall not be considered by
17the Department in determining eligibility. The "protected
18income" level shall be determined by the Department, shall
19never be less than the federal poverty standard, and shall be
20adjusted each year to reflect changes in the Consumer Price
21Index For All Urban Consumers as determined by the United
22States Department of Labor. The standards must provide that a
23person may have not more than $10,000 in assets to be eligible
24for the services, and the Department may increase the asset
25limitation by rule. Additionally, in determining the amount and
26nature of services for which a person may qualify,

 

 

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1consideration shall not be given to the value of cash, property
2or other assets held in the name of the person's spouse
3pursuant to a written agreement dividing marital property into
4equal but separate shares or pursuant to a transfer of the
5person's interest in a home to his spouse, provided that the
6spouse's share of the marital property is not made available to
7the person seeking such services.
8    The services shall be provided to eligible persons to
9prevent unnecessary or premature institutionalization, to the
10extent that the cost of the services, together with the other
11personal maintenance expenses of the persons, are reasonably
12related to the standards established for care in a group
13facility appropriate to their condition. These
14non-institutional services, pilot projects or experimental
15facilities may be provided as part of or in addition to those
16authorized by federal law or those funded and administered by
17the Illinois Department on Aging. The Department shall set
18rates and fees for services in a fair and equitable manner.
19Services identical to those offered by the Department on Aging
20shall be paid at the same rate.
21    Personal care attendants shall be paid:
22        (i) A $5 per hour minimum rate beginning July 1, 1995.
23        (ii) A $5.30 per hour minimum rate beginning July 1,
24    1997.
25        (iii) A $5.40 per hour minimum rate beginning July 1,
26    1998.

 

 

HB5935 Engrossed- 32 -LRB098 17728 KTG 54974 b

1    Solely for the purposes of coverage under the Illinois
2Public Labor Relations Act (5 ILCS 315/), personal care
3attendants and personal assistants providing services under
4the Department's Home Services Program shall be considered to
5be public employees and the State of Illinois shall be
6considered to be their employer as of the effective date of
7this amendatory Act of the 93rd General Assembly, but not
8before. The State shall engage in collective bargaining with an
9exclusive representative of personal care attendants and
10personal assistants working under the Home Services Program
11concerning their terms and conditions of employment that are
12within the State's control. Nothing in this paragraph shall be
13understood to limit the right of the persons receiving services
14defined in this Section to hire and fire personal care
15attendants and personal assistants or supervise them within the
16limitations set by the Home Services Program. The State shall
17not be considered to be the employer of personal care
18attendants and personal assistants for any purposes not
19specifically provided in this amendatory Act of the 93rd
20General Assembly, including but not limited to, purposes of
21vicarious liability in tort and purposes of statutory
22retirement or health insurance benefits. Personal care
23attendants and personal assistants shall not be covered by the
24State Employees Group Insurance Act of 1971 (5 ILCS 375/).
25    The Department shall execute, relative to the nursing home
26prescreening project, as authorized by Section 4.03 of the

 

 

HB5935 Engrossed- 33 -LRB098 17728 KTG 54974 b

1Illinois Act on the Aging, written inter-agency agreements with
2the Department on Aging and the Department of Public Aid (now
3Department of Healthcare and Family Services), to effect the
4following: (i) intake procedures and common eligibility
5criteria for those persons who are receiving non-institutional
6services; and (ii) the establishment and development of
7non-institutional services in areas of the State where they are
8not currently available or are undeveloped. On and after July
91, 1996, all nursing home prescreenings for individuals 18
10through 59 years of age shall be conducted by the Department.
11    The Department is authorized to establish a system of
12recipient cost-sharing for services provided under this
13Section. The cost-sharing shall be based upon the recipient's
14ability to pay for services, but in no case shall the
15recipient's share exceed the actual cost of the services
16provided. Protected income shall not be considered by the
17Department in its determination of the recipient's ability to
18pay a share of the cost of services. The level of cost-sharing
19shall be adjusted each year to reflect changes in the
20"protected income" level. The Department shall deduct from the
21recipient's share of the cost of services any money expended by
22the recipient for disability-related expenses.
23    The Department, or the Department's authorized
24representative, shall recover the amount of moneys expended for
25services provided to or in behalf of a person under this
26Section by a claim against the person's estate or against the

 

 

HB5935 Engrossed- 34 -LRB098 17728 KTG 54974 b

1estate of the person's surviving spouse, but no recovery may be
2had until after the death of the surviving spouse, if any, and
3then only at such time when there is no surviving child who is
4under age 21, blind, or permanently and totally disabled. This
5paragraph, however, shall not bar recovery, at the death of the
6person, of moneys for services provided to the person or in
7behalf of the person under this Section to which the person was
8not entitled; provided that such recovery shall not be enforced
9against any real estate while it is occupied as a homestead by
10the surviving spouse or other dependent, if no claims by other
11creditors have been filed against the estate, or, if such
12claims have been filed, they remain dormant for failure of
13prosecution or failure of the claimant to compel administration
14of the estate for the purpose of payment. This paragraph shall
15not bar recovery from the estate of a spouse, under Sections
161915 and 1924 of the Social Security Act and Section 5-4 of the
17Illinois Public Aid Code, who precedes a person receiving
18services under this Section in death. All moneys for services
19paid to or in behalf of the person under this Section shall be
20claimed for recovery from the deceased spouse's estate.
21"Homestead", as used in this paragraph, means the dwelling
22house and contiguous real estate occupied by a surviving spouse
23or relative, as defined by the rules and regulations of the
24Department of Healthcare and Family Services, regardless of the
25value of the property.
26    The Department and the Department on Aging shall cooperate

 

 

HB5935 Engrossed- 35 -LRB098 17728 KTG 54974 b

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

 

 

HB5935 Engrossed- 36 -LRB098 17728 KTG 54974 b

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

 

 

HB5935 Engrossed- 37 -LRB098 17728 KTG 54974 b

1Clearinghouse's information.
2    (m) To assure that the names and case records of persons
3who received or are receiving services from the Department,
4including persons receiving vocational rehabilitation, home
5services, or other services, and those attending one of the
6Department's schools or other supervised facility shall be
7confidential and not be open to the general public. Those case
8records and reports or the information contained in those
9records and reports shall be disclosed by the Director only to
10proper law enforcement officials, individuals authorized by a
11court, the General Assembly or any committee or commission of
12the General Assembly, and other persons and for reasons as the
13Director designates by rule. Disclosure by the Director may be
14only in accordance with other applicable law.
15(Source: P.A. 97-732, eff. 6-30-12.)
 
16    (Text of Section from P.A. 97-1019)
17    Sec. 3. Powers and duties. The Department shall have the
18powers and duties enumerated herein:
19    (a) To co-operate with the federal government in the
20administration of the provisions of the federal Rehabilitation
21Act of 1973, as amended, of the Workforce Investment Act of
221998, and of the federal Social Security Act to the extent and
23in the manner provided in these Acts.
24    (b) To prescribe and supervise such courses of vocational
25training and provide such other services as may be necessary

 

 

HB5935 Engrossed- 38 -LRB098 17728 KTG 54974 b

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

 

 

HB5935 Engrossed- 39 -LRB098 17728 KTG 54974 b

1as defined by the Social Security Act, thereby enabling them to
2remain in their own homes. Such preventive services include any
3or all of the following:
4        (1) personal assistant services;
5        (2) homemaker services;
6        (3) home-delivered meals;
7        (4) adult day care services;
8        (5) respite care;
9        (6) home modification or assistive equipment;
10        (7) home health services;
11        (8) electronic home response;
12        (9) brain injury behavioral/cognitive services;
13        (10) brain injury habilitation;
14        (11) brain injury pre-vocational services; or
15        (12) brain injury supported employment.
16    The Department shall establish eligibility standards for
17such services taking into consideration the unique economic and
18social needs of the population for whom they are to be
19provided. Such eligibility standards may be based on the
20recipient's ability to pay for services; provided, however,
21that any portion of a person's income that is equal to or less
22than the "protected income" level shall not be considered by
23the Department in determining eligibility. The "protected
24income" level shall be determined by the Department, shall
25never be less than the federal poverty standard, and shall be
26adjusted each year to reflect changes in the Consumer Price

 

 

HB5935 Engrossed- 40 -LRB098 17728 KTG 54974 b

1Index For All Urban Consumers as determined by the United
2States Department of Labor. The standards must provide that a
3person may not have more than $10,000 in assets to be eligible
4for the services, and the Department may increase or decrease
5the asset limitation by rule. The Department may not decrease
6the asset level below $10,000.
7    The services shall be provided, as established by the
8Department by rule, to eligible persons to prevent unnecessary
9or premature institutionalization, to the extent that the cost
10of the services, together with the other personal maintenance
11expenses of the persons, are reasonably related to the
12standards established for care in a group facility appropriate
13to their condition. These non-institutional services, pilot
14projects or experimental facilities may be provided as part of
15or in addition to those authorized by federal law or those
16funded and administered by the Illinois Department on Aging.
17The Department shall set rates and fees for services in a fair
18and equitable manner. Services identical to those offered by
19the Department on Aging shall be paid at the same rate.
20    Personal assistants shall be paid at a rate negotiated
21between the State and an exclusive representative of personal
22assistants under a collective bargaining agreement. In no case
23shall the Department pay personal assistants an hourly wage
24that is less than the federal minimum wage.
25    Solely for the purposes of coverage under the Illinois
26Public Labor Relations Act (5 ILCS 315/), personal assistants

 

 

HB5935 Engrossed- 41 -LRB098 17728 KTG 54974 b

1providing services under the Department's Home Services
2Program shall be considered to be public employees and the
3State of Illinois shall be considered to be their employer as
4of the effective date of this amendatory Act of the 93rd
5General Assembly, but not before. Solely for the purposes of
6coverage under the Illinois Public Labor Relations Act, home
7care and home health workers who function as personal
8assistants and individual maintenance home health workers and
9who also provide services under the Department's Home Services
10Program shall be considered to be public employees, no matter
11whether the State provides such services through direct
12fee-for-service arrangements, with the assistance of a managed
13care organization or other intermediary, or otherwise, and the
14State of Illinois shall be considered to be the employer of
15those persons as of January 29, 2013 (the effective date of
16Public Act 97-1158), but not before except as otherwise
17provided under this subsection (f). The State shall engage in
18collective bargaining with an exclusive representative of home
19care and home health workers who function as personal
20assistants and individual maintenance home health workers
21working under the Home Services Program concerning their terms
22and conditions of employment that are within the State's
23control. Nothing in this paragraph shall be understood to limit
24the right of the persons receiving services defined in this
25Section to hire and fire home care and home health workers who
26function as personal assistants and individual maintenance

 

 

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1home health workers working under the Home Services Program or
2to supervise them within the limitations set by the Home
3Services Program. The State shall not be considered to be the
4employer of home care and home health workers who function as
5personal assistants and individual maintenance home health
6workers working under the Home Services Program for any
7purposes not specifically provided in Public Act 93-204 or
8Public Act 97-1158 this amendatory Act of the 93rd General
9Assembly, including but not limited to, purposes of vicarious
10liability in tort and purposes of statutory retirement or
11health insurance benefits. Home care and home health workers
12who function as personal Personal assistants and individual
13maintenance home health workers and who also provide services
14under the Department's Home Services Program shall not be
15covered by the State Employees Group Insurance Act of 1971 (5
16ILCS 375/).
17    The Department shall execute, relative to nursing home
18prescreening, as authorized by Section 4.03 of the Illinois Act
19on the Aging, written inter-agency agreements with the
20Department on Aging and the Department of Healthcare and Family
21Services, to effect the intake procedures and eligibility
22criteria for those persons who may need long term care. On and
23after July 1, 1996, all nursing home prescreenings for
24individuals 18 through 59 years of age shall be conducted by
25the Department, or a designee of the Department.
26    The Department is authorized to establish a system of

 

 

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1recipient cost-sharing for services provided under this
2Section. The cost-sharing shall be based upon the recipient's
3ability to pay for services, but in no case shall the
4recipient's share exceed the actual cost of the services
5provided. Protected income shall not be considered by the
6Department in its determination of the recipient's ability to
7pay a share of the cost of services. The level of cost-sharing
8shall be adjusted each year to reflect changes in the
9"protected income" level. The Department shall deduct from the
10recipient's share of the cost of services any money expended by
11the recipient for disability-related expenses.
12    To the extent permitted under the federal Social Security
13Act, the Department, or the Department's authorized
14representative, may recover the amount of moneys expended for
15services provided to or in behalf of a person under this
16Section by a claim against the person's estate or against the
17estate of the person's surviving spouse, but no recovery may be
18had until after the death of the surviving spouse, if any, and
19then only at such time when there is no surviving child who is
20under age 21, blind, or permanently and totally disabled. This
21paragraph, however, shall not bar recovery, at the death of the
22person, of moneys for services provided to the person or in
23behalf of the person under this Section to which the person was
24not entitled; provided that such recovery shall not be enforced
25against any real estate while it is occupied as a homestead by
26the surviving spouse or other dependent, if no claims by other

 

 

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1creditors have been filed against the estate, or, if such
2claims have been filed, they remain dormant for failure of
3prosecution or failure of the claimant to compel administration
4of the estate for the purpose of payment. This paragraph shall
5not bar recovery from the estate of a spouse, under Sections
61915 and 1924 of the Social Security Act and Section 5-4 of the
7Illinois Public Aid Code, who precedes a person receiving
8services under this Section in death. All moneys for services
9paid to or in behalf of the person under this Section shall be
10claimed for recovery from the deceased spouse's estate.
11"Homestead", as used in this paragraph, means the dwelling
12house and contiguous real estate occupied by a surviving spouse
13or relative, as defined by the rules and regulations of the
14Department of Healthcare and Family Services, regardless of the
15value of the property.
16    The Department shall submit an annual report on programs
17and services provided under this Section. The report shall be
18filed with the Governor and the General Assembly on or before
19March 30 each year.
20    The requirement for reporting to the General Assembly shall
21be satisfied by filing copies of the report with the Speaker,
22the Minority Leader and the Clerk of the House of
23Representatives and the President, the Minority Leader and the
24Secretary of the Senate and the Legislative Research Unit, as
25required by Section 3.1 of the General Assembly Organization
26Act, and filing additional copies with the State Government

 

 

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1Report Distribution Center for the General Assembly as required
2under paragraph (t) of Section 7 of the State Library Act.
3    (g) To establish such subdivisions of the Department as
4shall be desirable and assign to the various subdivisions the
5responsibilities and duties placed upon the Department by law.
6    (h) To cooperate and enter into any necessary agreements
7with the Department of Employment Security for the provision of
8job placement and job referral services to clients of the
9Department, including job service registration of such clients
10with Illinois Employment Security offices and making job
11listings maintained by the Department of Employment Security
12available to such clients.
13    (i) To possess all powers reasonable and necessary for the
14exercise and administration of the powers, duties and
15responsibilities of the Department which are provided for by
16law.
17    (j) (Blank).
18    (k) (Blank).
19    (l) To establish, operate and maintain a Statewide Housing
20Clearinghouse of information on available, government
21subsidized housing accessible to disabled persons and
22available privately owned housing accessible to disabled
23persons. The information shall include but not be limited to
24the location, rental requirements, access features and
25proximity to public transportation of available housing. The
26Clearinghouse shall consist of at least a computerized database

 

 

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1for the storage and retrieval of information and a separate or
2shared toll free telephone number for use by those seeking
3information from the Clearinghouse. Department offices and
4personnel throughout the State shall also assist in the
5operation of the Statewide Housing Clearinghouse. Cooperation
6with local, State and federal housing managers shall be sought
7and extended in order to frequently and promptly update the
8Clearinghouse's information.
9    (m) To assure that the names and case records of persons
10who received or are receiving services from the Department,
11including persons receiving vocational rehabilitation, home
12services, or other services, and those attending one of the
13Department's schools or other supervised facility shall be
14confidential and not be open to the general public. Those case
15records and reports or the information contained in those
16records and reports shall be disclosed by the Director only to
17proper law enforcement officials, individuals authorized by a
18court, the General Assembly or any committee or commission of
19the General Assembly, and other persons and for reasons as the
20Director designates by rule. Disclosure by the Director may be
21only in accordance with other applicable law.
22(Source: P.A. 97-1019, eff. 8-17-12.)
 
23    (Text of Section from P.A. 97-1158)
24    Sec. 3. Powers and duties. The Department shall have the
25powers and duties enumerated herein:

 

 

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1    (a) To co-operate with the federal government in the
2administration of the provisions of the federal Rehabilitation
3Act of 1973, as amended, of the Workforce Investment Act of
41998, and of the federal Social Security Act to the extent and
5in the manner provided in these Acts.
6    (b) To prescribe and supervise such courses of vocational
7training and provide such other services as may be necessary
8for the habilitation and rehabilitation of persons with one or
9more disabilities, including the administrative activities
10under subsection (e) of this Section, and to co-operate with
11State and local school authorities and other recognized
12agencies engaged in habilitation, rehabilitation and
13comprehensive rehabilitation services; and to cooperate with
14the Department of Children and Family Services regarding the
15care and education of children with one or more disabilities.
16    (c) (Blank).
17    (d) To report in writing, to the Governor, annually on or
18before the first day of December, and at such other times and
19in such manner and upon such subjects as the Governor may
20require. The annual report shall contain (1) a statement of the
21existing condition of comprehensive rehabilitation services,
22habilitation and rehabilitation in the State; (2) a statement
23of suggestions and recommendations with reference to the
24development of comprehensive rehabilitation services,
25habilitation and rehabilitation in the State; and (3) an
26itemized statement of the amounts of money received from

 

 

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

 

 

HB5935 Engrossed- 49 -LRB098 17728 KTG 54974 b

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

 

 

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

 

 

HB5935 Engrossed- 51 -LRB098 17728 KTG 54974 b

1the State provides such services through direct
2fee-for-service arrangements, with the assistance of a managed
3care organization or other intermediary, or otherwise, and the
4State of Illinois shall be considered to be the employer of
5those persons as of the effective date of this amendatory Act
6of the 97th General Assembly, but not before except as
7otherwise provided under this subsection (f). The State shall
8engage in collective bargaining with an exclusive
9representative of home care and home health workers who
10function as personal care attendants, personal assistants, and
11individual maintenance home health workers working under the
12Home Services Program concerning their terms and conditions of
13employment that are within the State's control. Nothing in this
14paragraph shall be understood to limit the right of the persons
15receiving services defined in this Section to hire and fire
16home care and home health workers who function as personal care
17attendants, personal assistants, and individual maintenance
18home health workers working under the Home Services Program or
19to supervise them within the limitations set by the Home
20Services Program. The State shall not be considered to be the
21employer of home care and home health workers who function as
22personal care attendants, personal assistants, and individual
23maintenance home health workers working under the Home Services
24Program for any purposes not specifically provided in Public
25Act 93-204 or this amendatory Act of the 97th General Assembly,
26including but not limited to, purposes of vicarious liability

 

 

HB5935 Engrossed- 52 -LRB098 17728 KTG 54974 b

1in tort and purposes of statutory retirement or health
2insurance benefits. Home care and home health workers who
3function as personal care attendants, personal assistants, and
4individual maintenance home health workers and who also provide
5services under the Department's Home Services Program shall not
6be covered by the State Employees Group Insurance Act of 1971
7(5 ILCS 375/).
8    The Department shall execute, relative to the nursing home
9prescreening project, as authorized by Section 4.03 of the
10Illinois Act on the Aging, written inter-agency agreements with
11the Department on Aging and the Department of Public Aid (now
12Department of Healthcare and Family Services), to effect the
13following: (i) intake procedures and common eligibility
14criteria for those persons who are receiving non-institutional
15services; and (ii) the establishment and development of
16non-institutional services in areas of the State where they are
17not currently available or are undeveloped. On and after July
181, 1996, all nursing home prescreenings for individuals 18
19through 59 years of age shall be conducted by the Department.
20    The Department is authorized to establish a system of
21recipient cost-sharing for services provided under this
22Section. The cost-sharing shall be based upon the recipient's
23ability to pay for services, but in no case shall the
24recipient's share exceed the actual cost of the services
25provided. Protected income shall not be considered by the
26Department in its determination of the recipient's ability to

 

 

HB5935 Engrossed- 53 -LRB098 17728 KTG 54974 b

1pay a share of the cost of services. The level of cost-sharing
2shall be adjusted each year to reflect changes in the
3"protected income" level. The Department shall deduct from the
4recipient's share of the cost of services any money expended by
5the recipient for disability-related expenses.
6    The Department, or the Department's authorized
7representative, shall recover the amount of moneys expended for
8services provided to or in behalf of a person under this
9Section by a claim against the person's estate or against the
10estate of the person's surviving spouse, but no recovery may be
11had until after the death of the surviving spouse, if any, and
12then only at such time when there is no surviving child who is
13under age 21, blind, or permanently and totally disabled. This
14paragraph, however, shall not bar recovery, at the death of the
15person, of moneys for services provided to the person or in
16behalf of the person under this Section to which the person was
17not entitled; provided that such recovery shall not be enforced
18against any real estate while it is occupied as a homestead by
19the surviving spouse or other dependent, if no claims by other
20creditors have been filed against the estate, or, if such
21claims have been filed, they remain dormant for failure of
22prosecution or failure of the claimant to compel administration
23of the estate for the purpose of payment. This paragraph shall
24not bar recovery from the estate of a spouse, under Sections
251915 and 1924 of the Social Security Act and Section 5-4 of the
26Illinois Public Aid Code, who precedes a person receiving

 

 

HB5935 Engrossed- 54 -LRB098 17728 KTG 54974 b

1services under this Section in death. All moneys for services
2paid to or in behalf of the person under this Section shall be
3claimed for recovery from the deceased spouse's estate.
4"Homestead", as used in this paragraph, means the dwelling
5house and contiguous real estate occupied by a surviving spouse
6or relative, as defined by the rules and regulations of the
7Department of Healthcare and Family Services, regardless of the
8value of the property.
9    The Department and the Department on Aging shall cooperate
10in the development and submission of an annual report on
11programs and services provided under this Section. Such joint
12report shall be filed with the Governor and the General
13Assembly on or before March 30 each year.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader and the Clerk of the House of
17Representatives and the President, the Minority Leader and the
18Secretary of the Senate and the Legislative Research Unit, as
19required by Section 3.1 of the General Assembly Organization
20Act, and filing additional copies with the State Government
21Report Distribution Center for the General Assembly as required
22under paragraph (t) of Section 7 of the State Library Act.
23    (g) To establish such subdivisions of the Department as
24shall be desirable and assign to the various subdivisions the
25responsibilities and duties placed upon the Department by law.
26    (h) To cooperate and enter into any necessary agreements

 

 

HB5935 Engrossed- 55 -LRB098 17728 KTG 54974 b

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

 

 

HB5935 Engrossed- 56 -LRB098 17728 KTG 54974 b

1proximity to public transportation of available housing. The
2Clearinghouse shall consist of at least a computerized database
3for the storage and retrieval of information and a separate or
4shared toll free telephone number for use by those seeking
5information from the Clearinghouse. Department offices and
6personnel throughout the State shall also assist in the
7operation of the Statewide Housing Clearinghouse. Cooperation
8with local, State and federal housing managers shall be sought
9and extended in order to frequently and promptly update the
10Clearinghouse's information.
11    (m) To assure that the names and case records of persons
12who received or are receiving services from the Department,
13including persons receiving vocational rehabilitation, home
14services, or other services, and those attending one of the
15Department's schools or other supervised facility shall be
16confidential and not be open to the general public. Those case
17records and reports or the information contained in those
18records and reports shall be disclosed by the Director only to
19proper law enforcement officials, individuals authorized by a
20court, the General Assembly or any committee or commission of
21the General Assembly, and other persons and for reasons as the
22Director designates by rule. Disclosure by the Director may be
23only in accordance with other applicable law.
24(Source: P.A. 97-1158, eff. 1-29-13.)
 
25    (20 ILCS 2405/5b new)

 

 

HB5935 Engrossed- 57 -LRB098 17728 KTG 54974 b

1    Sec. 5b. Home Services Medicaid Trust Fund.
2    (a) The Home Services Medicaid Trust Fund is hereby created
3as a special fund in the State treasury.
4    (b) Amounts paid to the State during each State fiscal year
5by the federal government under Title XIX or Title XXI of the
6Social Security Act for services delivered in relation to the
7Department's Home Services Program established pursuant to
8Section 3 of the Disabled Persons Rehabilitation Act, and any
9interest earned thereon, shall be deposited into the Fund.
10    (c) Moneys in the Fund may be used by the Department for
11the purchase of services, and operational and administrative
12expenses, in relation to the Home Services Program.
 
13    (20 ILCS 1705/18.7 rep.)
14    Section 15. The Mental Health and Developmental
15Disabilities Administrative Act is amended by repealing
16Section 18.7.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.