Full Text of HB4278 95th General Assembly
HB4278eng 95TH GENERAL ASSEMBLY
|
|
|
HB4278 Engrossed |
|
LRB095 16103 RCE 42121 b |
|
| 1 |
| AN ACT concerning State services.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Short title. This Act may be cited as the State | 5 |
| Services Accountability Act. | 6 |
| Section 5. Legislative findings and declaration of policy. | 7 |
| (a) The purpose of this Act is to set forth a program to | 8 |
| better provide services to the citizens of Illinois by ensuring | 9 |
| that tax dollars expended for services are properly used for | 10 |
| their allocated purpose. The State of Illinois enters into | 11 |
| reimbursement agreements and contracts with and provides | 12 |
| grants to private entities (contractors and grantees) for the | 13 |
| purpose of providing services for the citizens of Illinois. The | 14 |
| State of Illinois enters into these contracts and provides | 15 |
| these grants to provide quality services for the citizens of | 16 |
| Illinois. | 17 |
| (b) The General Assembly finds that the needs of its | 18 |
| citizens cannot be met if the time frame for provision of | 19 |
| services provided through reimbursement agreements, contracts, | 20 |
| or grant agreements between the State of Illinois and | 21 |
| contractors and grantees are subject to disruption and further | 22 |
| finds that likelihood of disruption is enhanced when a work | 23 |
| stoppage is involved. |
|
|
|
HB4278 Engrossed |
- 2 - |
LRB095 16103 RCE 42121 b |
|
| 1 |
| (c) The General Assembly further finds that the tax dollars | 2 |
| should be used for their appropriated use. In addition, staff | 3 |
| time, paid with tax dollars, should be spent providing services | 4 |
| to Illinois' citizens. | 5 |
| (d) This Act is intended solely as a limitation on the | 6 |
| permissible uses of State appropriations. It is not intended to | 7 |
| expand, limit, or in any manner affect existing rights or | 8 |
| duties of employers, employees, or labor organizations under | 9 |
| the National Labor Relations Act or other federal law affecting | 10 |
| labor relations.
| 11 |
| Section 10. Definitions. As used in this Act: | 12 |
| "IDHS contractor or grantee" means an individual or entity,
| 13 |
| other than the State of Illinois, a State agency, or a | 14 |
| political subdivision of the State of Illinois, that contracts | 15 |
| with or receives grant funding from the Illinois Department of | 16 |
| Human Services, that delivers services that require | 17 |
| certification or licensing by IDHS, that provides services for | 18 |
| which rates are set by IDHS, or that receives State funding | 19 |
| that is appropriated through the IDHS budget. | 20 |
| "IDHS contractor" includes a subcontractor and a | 21 |
| contractor of a grantee and any other entity, other than a unit | 22 |
| of local government or a school district, that receives IDHS | 23 |
| funds for supplying services pursuant to a written contract | 24 |
| with the State or any of its agencies and that is controlled in | 25 |
| whole or in part by the contractor or an entity in which the |
|
|
|
HB4278 Engrossed |
- 3 - |
LRB095 16103 RCE 42121 b |
|
| 1 |
| contractor has a substantial beneficial interest. | 2 |
| "IDHS grantee" includes a sub-grantee and a grantee of a | 3 |
| contractor and any other entity that provides services | 4 |
| controlled in whole or in part by the grantee, or an entity in | 5 |
| which the grantee has a substantial beneficial interest. | 6 |
| "Employee" means a person employed by an IDHS contractor or | 7 |
| grantee other than a person employed in a bona fide supervisory | 8 |
| or managerial position as defined by applicable law. | 9 |
| "Labor organization", "employee representative", or | 10 |
| "union" means an organization or union of any kind in which
| 11 |
| employees participate and that exists for the purpose, in whole | 12 |
| or in part, of representing employees concerning grievances, | 13 |
| labor disputes, wages, rates of pay, benefits, hours of | 14 |
| employment, or working conditions. | 15 |
| "State agency" includes the State and every State agency, | 16 |
| department, board, or commission. | 17 |
| "State funds" means any money provided by the State of | 18 |
| Illinois or a State agency.
| 19 |
| Section 15. Payment. Upon notice to the Illinois Department | 20 |
| of Human Services of the existence of a work stoppage arising | 21 |
| from a labor dispute with an IDHS contractor or grantee that | 22 |
| may affect the provision of services under a State contract or | 23 |
| grant, IDHS shall cease payment of State funds to the | 24 |
| contractor or grantee pending receipt of evidence sufficient to | 25 |
| confirm that the contractor or grantee is performing all |
|
|
|
HB4278 Engrossed |
- 4 - |
LRB095 16103 RCE 42121 b |
|
| 1 |
| services specified in the contract or grant. No further | 2 |
| payments for those services shall be made to the contractor or | 3 |
| grantee until IDHS has filed affidavits with the chief | 4 |
| procurement officer and the Auditor General certifying that the | 5 |
| contractor or grantee is performing all services specified in | 6 |
| the contract or grant.
| 7 |
| Section 20. No rulemaking authority. Notwithstanding any | 8 |
| other rulemaking authority that may exist, neither the Governor | 9 |
| nor any agency or agency head under the jurisdiction of the | 10 |
| Governor has any authority to make or promulgate rules to | 11 |
| implement or enforce the provisions of this Act. If, however, | 12 |
| the Governor believes that rules are necessary to implement or | 13 |
| enforce the provisions of this Act, the Governor may suggest | 14 |
| rules to the General Assembly by filing them with the Clerk of | 15 |
| the House and Secretary of the Senate and by requesting that | 16 |
| the General Assembly authorize such rulemaking by law, enact | 17 |
| those suggested rules into law, or take any other appropriate | 18 |
| action in the General Assembly's discretion. Nothing contained | 19 |
| in this Act shall be interpreted to grant rulemaking authority | 20 |
| under any other Illinois statute where such authority is not | 21 |
| otherwise explicitly given. For the purposes of this Act, | 22 |
| "rules" is given the meaning contained in Section 1-70 of the | 23 |
| Illinois Administrative Procedure Act, and "agency" and | 24 |
| "agency head" are given the meanings contained in Sections 1-20 | 25 |
| and 1-25 of the Illinois Administrative Procedure Act to the |
|
|
|
HB4278 Engrossed |
- 5 - |
LRB095 16103 RCE 42121 b |
|
| 1 |
| extent that such definitions apply to agencies or agency heads | 2 |
| under the jurisdiction of the Governor.
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
|
|