Illinois General Assembly - Full Text of SB0143
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Full Text of SB0143  94th General Assembly

SB0143enr 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Public Labor Relations Act is
5 amended by changing Sections 3 and 7 as follows:
 
6     (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7     Sec. 3. Definitions. As used in this Act, unless the
8 context otherwise requires:
9     (a) "Board" means the Illinois Labor Relations Board or,
10 with respect to a matter over which the jurisdiction of the
11 Board is assigned to the State Panel or the Local Panel under
12 Section 5, the panel having jurisdiction over the matter.
13     (b) "Collective bargaining" means bargaining over terms
14 and conditions of employment, including hours, wages, and other
15 conditions of employment, as detailed in Section 7 and which
16 are not excluded by Section 4.
17     (c) "Confidential employee" means an employee who, in the
18 regular course of his or her duties, assists and acts in a
19 confidential capacity to persons who formulate, determine, and
20 effectuate management policies with regard to labor relations
21 or who, in the regular course of his or her duties, has
22 authorized access to information relating to the effectuation
23 or review of the employer's collective bargaining policies.
24     (d) "Craft employees" means skilled journeymen, crafts
25 persons, and their apprentices and helpers.
26     (e) "Essential services employees" means those public
27 employees performing functions so essential that the
28 interruption or termination of the function will constitute a
29 clear and present danger to the health and safety of the
30 persons in the affected community.
31     (f) "Exclusive representative", except with respect to
32 non-State fire fighters and paramedics employed by fire

 

 

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

 

 

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1 by the State of Illinois or any political subdivision of the
2 State before January 1, 1986 (the effective date of this
3 amendatory Act of 1985) as the exclusive representative by a
4 majority of the peace officers or fire fighters in an
5 appropriate bargaining unit, or (iii) after January 1, 1986
6 (the effective date of this amendatory Act of 1985) recognized
7 by an employer upon evidence, acceptable to the Board, that the
8 labor organization has been designated as the exclusive
9 representative by a majority of the peace officers or fire
10 fighters in an appropriate bargaining unit.
11     (g) "Fair share agreement" means an agreement between the
12 employer and an employee organization under which all or any of
13 the employees in a collective bargaining unit are required to
14 pay their proportionate share of the costs of the collective
15 bargaining process, contract administration, and pursuing
16 matters affecting wages, hours, and other conditions of
17 employment, but not to exceed the amount of dues uniformly
18 required of members. The amount certified by the exclusive
19 representative shall not include any fees for contributions
20 related to the election or support of any candidate for
21 political office. Nothing in this subsection (g) shall preclude
22 an employee from making voluntary political contributions in
23 conjunction with his or her fair share payment.
24     (g-1) "Fire fighter" means, for the purposes of this Act
25 only, any person who has been or is hereafter appointed to a
26 fire department or fire protection district or employed by a
27 state university and sworn or commissioned to perform fire
28 fighter duties or paramedic duties, except that the following
29 persons are not included: part-time fire fighters, auxiliary,
30 reserve or voluntary fire fighters, including paid on-call fire
31 fighters, clerks and dispatchers or other civilian employees of
32 a fire department or fire protection district who are not
33 routinely expected to perform fire fighter duties, or elected
34 officials.
35     (g-2) "General Assembly of the State of Illinois" means the
36 legislative branch of the government of the State of Illinois,

 

 

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1 as provided for under Article IV of the Constitution of the
2 State of Illinois, and includes but is not limited to the House
3 of Representatives, the Senate, the Speaker of the House of
4 Representatives, the Minority Leader of the House of
5 Representatives, the President of the Senate, the Minority
6 Leader of the Senate, the Joint Committee on Legislative
7 Support Services and any legislative support services agency
8 listed in the Legislative Commission Reorganization Act of
9 1984.
10     (h) "Governing body" means, in the case of the State, the
11 State Panel of the Illinois Labor Relations Board, the Director
12 of the Department of Central Management Services, and the
13 Director of the Department of Labor; the county board in the
14 case of a county; the corporate authorities in the case of a
15 municipality; and the appropriate body authorized to provide
16 for expenditures of its funds in the case of any other unit of
17 government.
18     (i) "Labor organization" means any organization in which
19 public employees participate and that exists for the purpose,
20 in whole or in part, of dealing with a public employer
21 concerning wages, hours, and other terms and conditions of
22 employment, including the settlement of grievances.
23     (j) "Managerial employee" means an individual who is
24 engaged predominantly in executive and management functions
25 and is charged with the responsibility of directing the
26 effectuation of management policies and practices.
27     (k) "Peace officer" means, for the purposes of this Act
28 only, any persons who have been or are hereafter appointed to a
29 police force, department, or agency and sworn or commissioned
30 to perform police duties, except that the following persons are
31 not included: part-time police officers, special police
32 officers, auxiliary police as defined by Section 3.1-30-20 of
33 the Illinois Municipal Code, night watchmen, "merchant
34 police", court security officers as defined by Section 3-6012.1
35 of the Counties Code, temporary employees, traffic guards or
36 wardens, civilian parking meter and parking facilities

 

 

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1 personnel or other individuals specially appointed to aid or
2 direct traffic at or near schools or public functions or to aid
3 in civil defense or disaster, parking enforcement employees who
4 are not commissioned as peace officers and who are not armed
5 and who are not routinely expected to effect arrests, parking
6 lot attendants, clerks and dispatchers or other civilian
7 employees of a police department who are not routinely expected
8 to effect arrests, or elected officials.
9     (l) "Person" includes one or more individuals, labor
10 organizations, public employees, associations, corporations,
11 legal representatives, trustees, trustees in bankruptcy,
12 receivers, or the State of Illinois or any political
13 subdivision of the State or governing body, but does not
14 include the General Assembly of the State of Illinois or any
15 individual employed by the General Assembly of the State of
16 Illinois.
17     (m) "Professional employee" means any employee engaged in
18 work predominantly intellectual and varied in character rather
19 than routine mental, manual, mechanical or physical work;
20 involving the consistent exercise of discretion and adjustment
21 in its performance; of such a character that the output
22 produced or the result accomplished cannot be standardized in
23 relation to a given period of time; and requiring advanced
24 knowledge in a field of science or learning customarily
25 acquired by a prolonged course of specialized intellectual
26 instruction and study in an institution of higher learning or a
27 hospital, as distinguished from a general academic education or
28 from apprenticeship or from training in the performance of
29 routine mental, manual, or physical processes; or any employee
30 who has completed the courses of specialized intellectual
31 instruction and study prescribed in this subsection (m) and is
32 performing related work under the supervision of a professional
33 person to qualify to become a professional employee as defined
34 in this subsection (m).
35     (n) "Public employee" or "employee", for the purposes of
36 this Act, means any individual employed by a public employer,

 

 

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1 including (i) interns and residents at public hospitals and,
2 (ii) as of the effective date of this amendatory Act of the
3 93rd General Assembly, but not before, personal care attendants
4 and personal assistants working under the Home Services Program
5 under Section 3 of the Disabled Persons Rehabilitation Act,
6 subject to the limitations set forth in this Act and in the
7 Disabled Persons Rehabilitation Act, and (iii) as of the
8 effective date of this amendatory Act of the 94th General
9 Assembly, but not before, child and day care home providers
10 participating in the child care assistance program under
11 Section 9A-11 of the Illinois Public Aid Code, subject to the
12 limitations set forth in this Act and in Section 9A-11 of the
13 Illinois Public Aid Code, but excluding all of the following:
14 employees of the General Assembly of the State of Illinois;
15 elected officials; executive heads of a department; members of
16 boards or commissions; the Executive Inspectors General; any
17 special Executive Inspectors General; employees of each Office
18 of an Executive Inspector General; commissioners and employees
19 of the Executive Ethics Commission; the Auditor General's
20 Inspector General; employees of the Office of the Auditor
21 General's Inspector General; the Legislative Inspector
22 General; any special Legislative Inspectors General; employees
23 of the Office of the Legislative Inspector General;
24 commissioners and employees of the Legislative Ethics
25 Commission; employees of any agency, board or commission
26 created by this Act; employees appointed to State positions of
27 a temporary or emergency nature; all employees of school
28 districts and higher education institutions except
29 firefighters and peace officers employed by a state university;
30 managerial employees; short-term employees; confidential
31 employees; independent contractors; and supervisors except as
32 provided in this Act.
33     Personal care attendants and personal assistants shall not
34 be considered public employees for any purposes not
35 specifically provided for in the this amendatory Act of the
36 93rd General Assembly, including but not limited to, purposes

 

 

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

 

 

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1 Insurance Act of 1971 (5 ILCS 375/). As of the effective date
2 of this amendatory Act of the 94th General Assembly but not
3 before, the State of Illinois shall be considered the employer
4 of the day and child care home providers participating in the
5 child care assistance program under Section 9A-11 of the
6 Illinois Public Aid Code, subject to the limitations set forth
7 in this Act and in Section 9A-11 of the Illinois Public Aid
8 Code. The State shall not be considered to be the employer of
9 child and day care home providers for any purposes not
10 specifically provided for in this amendatory Act of the 94th
11 General Assembly, including but not limited to, purposes of
12 vicarious liability in tort and purposes of statutory
13 retirement or health insurance benefits. Child and day care
14 home providers shall not be covered by the State Employees
15 Group Insurance Act of 1971.
16     "Public employer" or "employer" as used in this Act,
17 however, does not mean and shall not include the General
18 Assembly of the State of Illinois, the Executive Ethics
19 Commission, the Offices of the Executive Inspectors General,
20 the Legislative Ethics Commission, the Office of the
21 Legislative Inspector General, the Office of the Auditor
22 General's Inspector General, and educational employers or
23 employers as defined in the Illinois Educational Labor
24 Relations Act, except with respect to a state university in its
25 employment of firefighters and peace officers. County boards
26 and county sheriffs shall be designated as joint or
27 co-employers of county peace officers appointed under the
28 authority of a county sheriff. Nothing in this subsection (o)
29 shall be construed to prevent the State Panel or the Local
30 Panel from determining that employers are joint or
31 co-employers.
32     (p) "Security employee" means an employee who is
33 responsible for the supervision and control of inmates at
34 correctional facilities. The term also includes other
35 non-security employees in bargaining units having the majority
36 of employees being responsible for the supervision and control

 

 

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1 of inmates at correctional facilities.
2     (q) "Short-term employee" means an employee who is employed
3 for less than 2 consecutive calendar quarters during a calendar
4 year and who does not have a reasonable assurance that he or
5 she will be rehired by the same employer for the same service
6 in a subsequent calendar year.
7     (r) "Supervisor" is an employee whose principal work is
8 substantially different from that of his or her subordinates
9 and who has authority, in the interest of the employer, to
10 hire, transfer, suspend, lay off, recall, promote, discharge,
11 direct, reward, or discipline employees, to adjust their
12 grievances, or to effectively recommend any of those actions,
13 if the exercise of that authority is not of a merely routine or
14 clerical nature, but requires the consistent use of independent
15 judgment. Except with respect to police employment, the term
16 "supervisor" includes only those individuals who devote a
17 preponderance of their employment time to exercising that
18 authority, State supervisors notwithstanding. In addition, in
19 determining supervisory status in police employment, rank
20 shall not be determinative. The Board shall consider, as
21 evidence of bargaining unit inclusion or exclusion, the common
22 law enforcement policies and relationships between police
23 officer ranks and certification under applicable civil service
24 law, ordinances, personnel codes, or Division 2.1 of Article 10
25 of the Illinois Municipal Code, but these factors shall not be
26 the sole or predominant factors considered by the Board in
27 determining police supervisory status.
28     Notwithstanding the provisions of the preceding paragraph,
29 in determining supervisory status in fire fighter employment,
30 no fire fighter shall be excluded as a supervisor who has
31 established representation rights under Section 9 of this Act.
32 Further, in new fire fighter units, employees shall consist of
33 fire fighters of the rank of company officer and below. If a
34 company officer otherwise qualifies as a supervisor under the
35 preceding paragraph, however, he or she shall not be included
36 in the fire fighter unit. If there is no rank between that of

 

 

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1 chief and the highest company officer, the employer may
2 designate a position on each shift as a Shift Commander, and
3 the persons occupying those positions shall be supervisors. All
4 other ranks above that of company officer shall be supervisors.
5     (s) (1) "Unit" means a class of jobs or positions that are
6     held by employees whose collective interests may suitably
7     be represented by a labor organization for collective
8     bargaining. Except with respect to non-State fire fighters
9     and paramedics employed by fire departments and fire
10     protection districts, non-State peace officers, and peace
11     officers in the Department of State Police, a bargaining
12     unit determined by the Board shall not include both
13     employees and supervisors, or supervisors only, except as
14     provided in paragraph (2) of this subsection (s) and except
15     for bargaining units in existence on July 1, 1984 (the
16     effective date of this Act). With respect to non-State fire
17     fighters and paramedics employed by fire departments and
18     fire protection districts, non-State peace officers, and
19     peace officers in the Department of State Police, a
20     bargaining unit determined by the Board shall not include
21     both supervisors and nonsupervisors, or supervisors only,
22     except as provided in paragraph (2) of this subsection (s)
23     and except for bargaining units in existence on January 1,
24     1986 (the effective date of this amendatory Act of 1985). A
25     bargaining unit determined by the Board to contain peace
26     officers shall contain no employees other than peace
27     officers unless otherwise agreed to by the employer and the
28     labor organization or labor organizations involved.
29     Notwithstanding any other provision of this Act, a
30     bargaining unit, including a historical bargaining unit,
31     containing sworn peace officers of the Department of
32     Natural Resources (formerly designated the Department of
33     Conservation) shall contain no employees other than such
34     sworn peace officers upon the effective date of this
35     amendatory Act of 1990 or upon the expiration date of any
36     collective bargaining agreement in effect upon the

 

 

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1     effective date of this amendatory Act of 1990 covering both
2     such sworn peace officers and other employees.
3         (2) Notwithstanding the exclusion of supervisors from
4     bargaining units as provided in paragraph (1) of this
5     subsection (s), a public employer may agree to permit its
6     supervisory employees to form bargaining units and may
7     bargain with those units. This Act shall apply if the
8     public employer chooses to bargain under this subsection.
9 (Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03.)
 
10     (5 ILCS 315/7)  (from Ch. 48, par. 1607)
11     Sec. 7. Duty to bargain. A public employer and the
12 exclusive representative have the authority and the duty to
13 bargain collectively set forth in this Section.
14     For the purposes of this Act, "to bargain collectively"
15 means the performance of the mutual obligation of the public
16 employer or his designated representative and the
17 representative of the public employees to meet at reasonable
18 times, including meetings in advance of the budget-making
19 process, and to negotiate in good faith with respect to wages,
20 hours, and other conditions of employment, not excluded by
21 Section 4 of this Act, or the negotiation of an agreement, or
22 any question arising thereunder and the execution of a written
23 contract incorporating any agreement reached if requested by
24 either party, but such obligation does not compel either party
25 to agree to a proposal or require the making of a concession.
26     The duty "to bargain collectively" shall also include an
27 obligation to negotiate over any matter with respect to wages,
28 hours and other conditions of employment, not specifically
29 provided for in any other law or not specifically in violation
30 of the provisions of any law. If any other law pertains, in
31 part, to a matter affecting the wages, hours and other
32 conditions of employment, such other law shall not be construed
33 as limiting the duty "to bargain collectively" and to enter
34 into collective bargaining agreements containing clauses which
35 either supplement, implement, or relate to the effect of such

 

 

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1 provisions in other laws.
2     The duty "to bargain collectively" shall also include
3 negotiations as to the terms of a collective bargaining
4 agreement. The parties may, by mutual agreement, provide for
5 arbitration of impasses resulting from their inability to agree
6 upon wages, hours and terms and conditions of employment to be
7 included in a collective bargaining agreement. Such
8 arbitration provisions shall be subject to the Illinois
9 "Uniform Arbitration Act" unless agreed by the parties.
10     The duty "to bargain collectively" shall also mean that no
11 party to a collective bargaining contract shall terminate or
12 modify such contract, unless the party desiring such
13 termination or modification:
14     (1) serves a written notice upon the other party to the
15 contract of the proposed termination or modification 60 days
16 prior to the expiration date thereof, or in the event such
17 contract contains no expiration date, 60 days prior to the time
18 it is proposed to make such termination or modification;
19     (2) offers to meet and confer with the other party for the
20 purpose of negotiating a new contract or a contract containing
21 the proposed modifications;
22     (3) notifies the Board within 30 days after such notice of
23 the existence of a dispute, provided no agreement has been
24 reached by that time; and
25     (4) continues in full force and effect, without resorting
26 to strike or lockout, all the terms and conditions of the
27 existing contract for a period of 60 days after such notice is
28 given to the other party or until the expiration date of such
29 contract, whichever occurs later.
30     The duties imposed upon employers, employees and labor
31 organizations by paragraphs (2), (3) and (4) shall become
32 inapplicable upon an intervening certification of the Board,
33 under which the labor organization, which is a party to the
34 contract, has been superseded as or ceased to be the exclusive
35 representative of the employees pursuant to the provisions of
36 subsection (a) of Section 9, and the duties so imposed shall

 

 

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1 not be construed as requiring either party to discuss or agree
2 to any modification of the terms and conditions contained in a
3 contract for a fixed period, if such modification is to become
4 effective before such terms and conditions can be reopened
5 under the provisions of the contract.
6     Collective bargaining for personal care attendants and
7 personal assistants under the Home Services Program shall be
8 limited to the terms and conditions of employment under the
9 State's control, as defined in the this amendatory Act of the
10 93rd General Assembly.
11     Collective bargaining for child and day care home providers
12 under the child care assistance program shall be limited to the
13 terms and conditions of employment under the State's control,
14 as defined in this amendatory Act of the 94th General Assembly.
15 (Source: P.A. 93-204, eff. 7-16-03.)
 
16     Section 10. The Illinois Public Aid Code is amended by
17 changing Section 9A-11 as follows:
 
18     (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
19     Sec. 9A-11. Child Care.
20     (a) The General Assembly recognizes that families with
21 children need child care in order to work. Child care is
22 expensive and families with low incomes, including those who
23 are transitioning from welfare to work, often struggle to pay
24 the costs of day care. The General Assembly understands the
25 importance of helping low income working families become and
26 remain self-sufficient. The General Assembly also believes
27 that it is the responsibility of families to share in the costs
28 of child care. It is also the preference of the General
29 Assembly that all working poor families should be treated
30 equally, regardless of their welfare status.
31     (b) To the extent resources permit, the Illinois Department
32 shall provide child care services to parents or other relatives
33 as defined by rule who are working or participating in
34 employment or Department approved education or training

 

 

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1 programs. At a minimum, the Illinois Department shall cover the
2 following categories of families:
3         (1) recipients of TANF under Article IV participating
4     in work and training activities as specified in the
5     personal plan for employment and self-sufficiency;
6         (2) families transitioning from TANF to work;
7         (3) families at risk of becoming recipients of TANF;
8         (4) families with special needs as defined by rule; and
9         (5) working families with very low incomes as defined
10     by rule.
11     The Department shall specify by rule the conditions of
12 eligibility, the application process, and the types, amounts,
13 and duration of services. Eligibility for child care benefits
14 and the amount of child care provided may vary based on family
15 size, income, and other factors as specified by rule.
16     In determining income eligibility for child care benefits,
17 the Department annually, at the beginning of each fiscal year,
18 shall establish, by rule, one income threshold for each family
19 size, in relation to percentage of State median income for a
20 family of that size, that makes families with incomes below the
21 specified threshold eligible for assistance and families with
22 incomes above the specified threshold ineligible for
23 assistance. The specified threshold must be no less than 50% of
24 the then-current State median income for each family size.
25     In determining eligibility for assistance, the Department
26 shall not give preference to any category of recipients or give
27 preference to individuals based on their receipt of benefits
28 under this Code.
29     The Department shall allocate $7,500,000 annually for a
30 test program for families who are income-eligible for child
31 care assistance, who are not recipients of TANF under Article
32 IV, and who need child care assistance to participate in
33 education and training activities. The Department shall
34 specify by rule the conditions of eligibility for this test
35 program.
36     Nothing in this Section shall be construed as conferring

 

 

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1 entitlement status to eligible families.
2     The Illinois Department is authorized to lower income
3 eligibility ceilings, raise parent co-payments, create waiting
4 lists, or take such other actions during a fiscal year as are
5 necessary to ensure that child care benefits paid under this
6 Article do not exceed the amounts appropriated for those child
7 care benefits. These changes may be accomplished by emergency
8 rule under Section 5-45 of the Illinois Administrative
9 Procedure Act, except that the limitation on the number of
10 emergency rules that may be adopted in a 24-month period shall
11 not apply.
12     The Illinois Department may contract with other State
13 agencies or child care organizations for the administration of
14 child care services.
15     (c) Payment shall be made for child care that otherwise
16 meets the requirements of this Section and applicable standards
17 of State and local law and regulation, including any
18 requirements the Illinois Department promulgates by rule in
19 addition to the licensure requirements promulgated by the
20 Department of Children and Family Services and Fire Prevention
21 and Safety requirements promulgated by the Office of the State
22 Fire Marshal and is provided in any of the following:
23         (1) a child care center which is licensed or exempt
24     from licensure pursuant to Section 2.09 of the Child Care
25     Act of 1969;
26         (2) a licensed child care home or home exempt from
27     licensing;
28         (3) a licensed group child care home;
29         (4) other types of child care, including child care
30     provided by relatives or persons living in the same home as
31     the child, as determined by the Illinois Department by
32     rule.
33     (b-5) Solely for the purposes of coverage under the
34 Illinois Public Labor Relations Act, child and day care home
35 providers, including licensed and license exempt,
36 participating in the Department's child care assistance

 

 

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1 program shall be considered to be public employees and the
2 State of Illinois shall be considered to be their employer as
3 of the effective date of this amendatory Act of the 94th
4 General Assembly, but not before. The State shall engage in
5 collective bargaining with an exclusive representative of
6 child and day care home providers participating in the child
7 care assistance program concerning their terms and conditions
8 of employment that are within the State's control. Nothing in
9 this subsection shall be understood to limit the right of
10 families receiving services defined in this Section to select
11 child and day care home providers or supervise them within the
12 limits of this Section. The State shall not be considered to be
13 the employer of child and day care home providers for any
14 purposes not specifically provided in this amendatory Act of
15 the 94th General Assembly, including but not limited to,
16 purposes of vicarious liability in tort and purposes of
17 statutory retirement or health insurance benefits. Child and
18 day care home providers shall not be covered by the State
19 Employees Group Insurance Act of 1971.
20     In according child and day care home providers and their
21 selected representative rights under the Illinois Public Labor
22 Relations Act, the State intends that the State action
23 exemption to application of federal and State antitrust laws be
24 fully available to the extent that their activities are
25 authorized by this amendatory Act of the 94th General Assembly.
26     (d) The Illinois Department shall, by rule, require
27 co-payments for child care services by any parent, including
28 parents whose only income is from assistance under this Code.
29 The co-payment shall be assessed based on a sliding scale based
30 on family income, family size, and the number of children in
31 care. Co-payments shall not be increased due solely to a change
32 in the methodology for counting family income.
33     (e) The Illinois Department shall conduct a market rate
34 survey based on the cost of care and other relevant factors
35 which shall be completed by July 1, 1998.
36     (f) The Illinois Department shall, by rule, set rates to be

 

 

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1 paid for the various types of child care. Child care may be
2 provided through one of the following methods:
3         (1) arranging the child care through eligible
4     providers by use of purchase of service contracts or
5     vouchers;
6         (2) arranging with other agencies and community
7     volunteer groups for non-reimbursed child care;
8         (3) (blank); or
9         (4) adopting such other arrangements as the Department
10     determines appropriate.
11     (f-5) The Illinois Department, in consultation with its
12 Child Care and Development Advisory Council, shall develop a
13 comprehensive plan to revise the State's rates for the various
14 types of child care. The plan shall be completed no later than
15 January 1, 2005 and shall include:
16             (1) Base reimbursement rates that are adequate to
17         provide children receiving child care services from
18         the Department equal access to quality child care,
19         utilizing data from the most current market rate
20         survey.
21             (2) A tiered reimbursement rate system that
22         financially rewards providers of child care services
23         that meet defined benchmarks of higher-quality care.
24             (3) Consideration of revisions to existing county
25         groupings and age classifications, utilizing data from
26         the most current market rate survey.
27             (4) Consideration of special rates for certain
28         types of care such as caring for a child with a
29         disability.
30     (g) Families eligible for assistance under this Section
31 shall be given the following options:
32         (1) receiving a child care certificate issued by the
33     Department or a subcontractor of the Department that may be
34     used by the parents as payment for child care and
35     development services only; or
36         (2) if space is available, enrolling the child with a

 

 

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1     child care provider that has a purchase of service contract
2     with the Department or a subcontractor of the Department
3     for the provision of child care and development services.
4     The Department may identify particular priority
5     populations for whom they may request special
6     consideration by a provider with purchase of service
7     contracts, provided that the providers shall be permitted
8     to maintain a balance of clients in terms of household
9     incomes and families and children with special needs, as
10     defined by rule.
11 (Source: P.A. 93-361, eff. 9-1-03; 93-1062, eff. 12-23-04.)