Full Text of HB4177 97th General Assembly
HB4177enr 97TH 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 and adding Section 28 as | 6 | | follows: | 7 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 8 | | Sec. 3. Definitions. As used in this Act, unless the | 9 | | context
otherwise requires:
| 10 | | (a) "Board" means the Illinois
Labor Relations Board or, | 11 | | with respect to a matter over which the
jurisdiction of the | 12 | | Board is assigned to the State Panel or the Local Panel
under | 13 | | Section 5, the panel having jurisdiction over the matter.
| 14 | | (b) "Collective bargaining" means bargaining over terms | 15 | | and conditions
of employment, including hours, wages, and other | 16 | | conditions of employment,
as detailed in Section 7 and which | 17 | | are not excluded by Section 4.
| 18 | | (c) "Confidential employee" means an employee who, in the | 19 | | regular course
of his or her duties, assists and acts in a | 20 | | confidential capacity to persons
who formulate, determine, and | 21 | | effectuate management policies with regard
to labor relations | 22 | | or who, in the regular course of his or her duties, has
| 23 | | authorized access to information relating to the effectuation
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| 1 | | or review of the employer's collective bargaining policies.
| 2 | | (d) "Craft employees" means skilled journeymen, crafts | 3 | | persons, and their
apprentices and helpers.
| 4 | | (e) "Essential services employees" means those public | 5 | | employees
performing functions so essential that the | 6 | | interruption or termination of
the function will constitute a | 7 | | clear and present danger to the health and
safety of the | 8 | | persons in the affected community.
| 9 | | (f) "Exclusive representative", except with respect to | 10 | | non-State fire
fighters and paramedics employed by fire | 11 | | departments and fire protection
districts, non-State peace | 12 | | officers, and peace officers in the
Department of State Police, | 13 | | means the labor organization that has
been (i) designated by | 14 | | the Board as the representative of a majority of public
| 15 | | employees in an appropriate bargaining unit in accordance with | 16 | | the procedures
contained in this Act, (ii) historically
| 17 | | recognized by the State of Illinois or
any political | 18 | | subdivision of the State before July 1, 1984
(the effective | 19 | | date of this
Act) as the exclusive representative of the | 20 | | employees in an appropriate
bargaining unit, (iii) after July | 21 | | 1, 1984 (the
effective date of this Act) recognized by an
| 22 | | employer upon evidence, acceptable to the Board, that the labor
| 23 | | organization has been designated as the exclusive | 24 | | representative by a
majority of the employees in an appropriate | 25 | | bargaining unit;
(iv) recognized as the exclusive | 26 | | representative of personal care attendants
or personal
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| 1 | | assistants under Executive Order 2003-8 prior to the effective | 2 | | date of this
amendatory
Act of the 93rd General Assembly, and | 3 | | the organization shall be considered to
be the
exclusive | 4 | | representative of the personal care attendants or personal | 5 | | assistants
as defined
in this Section; or (v) recognized as the | 6 | | exclusive representative of child and day care home providers, | 7 | | including licensed and license exempt providers, pursuant to an | 8 | | election held under Executive Order 2005-1 prior to the | 9 | | effective date of this amendatory Act of the 94th General | 10 | | Assembly, and the organization shall be considered to be the | 11 | | exclusive representative of the child and day care home | 12 | | providers as defined in this Section.
| 13 | | With respect to non-State fire fighters and paramedics | 14 | | employed by fire
departments and fire protection districts, | 15 | | non-State peace officers, and
peace officers in the Department | 16 | | of State Police,
"exclusive representative" means the labor | 17 | | organization that has
been (i) designated by the Board as the | 18 | | representative of a majority of peace
officers or fire fighters | 19 | | in an appropriate bargaining unit in accordance
with the | 20 | | procedures contained in this Act, (ii)
historically recognized
| 21 | | by the State of Illinois or any political subdivision of the | 22 | | State before
January 1, 1986 (the effective date of this | 23 | | amendatory Act of 1985) as the exclusive
representative by a | 24 | | majority of the peace officers or fire fighters in an
| 25 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 26 | | (the effective date of this amendatory
Act of 1985) recognized |
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| 1 | | by an employer upon evidence, acceptable to the
Board, that the | 2 | | labor organization has been designated as the exclusive
| 3 | | representative by a majority of the peace officers or fire | 4 | | fighters in an
appropriate bargaining unit.
| 5 | | Where a historical pattern of representation exists for the | 6 | | workers of a water system that was owned by a public utility, | 7 | | as defined in Section 3-105 of the Public Utilities Act, prior | 8 | | to becoming certified employees of a municipality or | 9 | | municipalities once the municipality or municipalities have | 10 | | acquired the water system as authorized in Section 11-124-5 of | 11 | | the Illinois Municipal Code, the Board shall find the labor | 12 | | organization that has historically represented the workers to | 13 | | be the exclusive representative under this Act, and shall find | 14 | | the unit represented by the exclusive representative to be the | 15 | | appropriate unit. | 16 | | (g) "Fair share agreement" means an agreement between the | 17 | | employer and
an employee organization under which all or any of | 18 | | the employees in a
collective bargaining unit are required to | 19 | | pay their proportionate share of
the costs of the collective | 20 | | bargaining process, contract administration, and
pursuing | 21 | | matters affecting wages, hours, and other conditions of | 22 | | employment,
but not to exceed the amount of dues uniformly | 23 | | required of members. The
amount certified by the exclusive | 24 | | representative shall not include any fees
for contributions | 25 | | related to the election or support of any candidate for
| 26 | | political office. Nothing in this subsection (g) shall
preclude |
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| 1 | | an employee from making
voluntary political contributions in | 2 | | conjunction with his or her fair share
payment.
| 3 | | (g-1) "Fire fighter" means, for the purposes of this Act | 4 | | only, any
person who has been or is hereafter appointed to a | 5 | | fire department or fire
protection district or employed by a | 6 | | state university and sworn or
commissioned to perform fire | 7 | | fighter duties or paramedic duties, except that the
following | 8 | | persons are not included: part-time fire fighters,
auxiliary, | 9 | | reserve or voluntary fire fighters, including paid on-call fire
| 10 | | fighters, clerks and dispatchers or other civilian employees of | 11 | | a fire
department or fire protection district who are not | 12 | | routinely expected to
perform fire fighter duties, or elected | 13 | | officials.
| 14 | | (g-2) "General Assembly of the State of Illinois" means the
| 15 | | legislative branch of the government of the State of Illinois, | 16 | | as provided
for under Article IV of the Constitution of the | 17 | | State of Illinois, and
includes but is not limited to the House | 18 | | of Representatives, the Senate,
the Speaker of the House of | 19 | | Representatives, the Minority Leader of the
House of | 20 | | Representatives, the President of the Senate, the Minority | 21 | | Leader
of the Senate, the Joint Committee on Legislative | 22 | | Support Services and any
legislative support services agency | 23 | | listed in the Legislative Commission
Reorganization Act of | 24 | | 1984.
| 25 | | (h) "Governing body" means, in the case of the State, the | 26 | | State Panel of
the Illinois Labor Relations Board, the Director |
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| 1 | | of the Department of Central
Management Services, and the | 2 | | Director of the Department of Labor; the county
board in the | 3 | | case of a county; the corporate authorities in the case of a
| 4 | | municipality; and the appropriate body authorized to provide | 5 | | for expenditures
of its funds in the case of any other unit of | 6 | | government.
| 7 | | (i) "Labor organization" means any organization in which | 8 | | public employees
participate and that exists for the purpose, | 9 | | in whole or in part, of dealing
with a public employer | 10 | | concerning wages, hours, and other terms and conditions
of | 11 | | employment, including the settlement of grievances.
| 12 | | (j) "Managerial employee" means an individual who is | 13 | | engaged
predominantly in executive and management functions | 14 | | and is charged with the
responsibility of directing the | 15 | | effectuation of management policies
and practices.
| 16 | | (k) "Peace officer" means, for the purposes of this Act | 17 | | only, any
persons who have been or are hereafter appointed to a | 18 | | police force,
department, or agency and sworn or commissioned | 19 | | to perform police duties,
except that the following persons are | 20 | | not
included: part-time police
officers, special police | 21 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 22 | | the Illinois Municipal Code, night watchmen, "merchant | 23 | | police",
court security officers as defined by Section 3-6012.1 | 24 | | of the Counties
Code,
temporary employees, traffic guards or | 25 | | wardens, civilian parking meter and
parking facilities | 26 | | personnel or other individuals specially appointed to
aid or |
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| 1 | | direct traffic at or near schools or public functions or to aid | 2 | | in
civil defense or disaster, parking enforcement employees who | 3 | | are not
commissioned as peace officers and who are not armed | 4 | | and who are not
routinely expected to effect arrests, parking | 5 | | lot attendants, clerks and
dispatchers or other civilian | 6 | | employees of a police department who are not
routinely expected | 7 | | to effect arrests, or elected officials.
| 8 | | (l) "Person" includes one or more individuals, labor | 9 | | organizations, public
employees, associations, corporations, | 10 | | legal representatives, trustees,
trustees in bankruptcy, | 11 | | receivers, or the State of Illinois or any political
| 12 | | subdivision of the State or governing body, but does not | 13 | | include the General
Assembly of the State of Illinois or any | 14 | | individual employed by the General
Assembly of the State of | 15 | | Illinois.
| 16 | | (m) "Professional employee" means any employee engaged in | 17 | | work predominantly
intellectual and varied in character rather | 18 | | than routine mental, manual,
mechanical or physical work; | 19 | | involving the consistent exercise of discretion
and adjustment | 20 | | in its performance; of such a character that the output | 21 | | produced
or the result accomplished cannot be standardized in | 22 | | relation to a given
period of time; and requiring advanced | 23 | | knowledge in a field of science or
learning customarily | 24 | | acquired by a prolonged course of specialized intellectual
| 25 | | instruction and study in an institution of higher learning or a | 26 | | hospital,
as distinguished from a general academic education or |
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| 1 | | from apprenticeship
or from training in the performance of | 2 | | routine mental, manual, or physical
processes; or any employee | 3 | | who has completed the courses of specialized
intellectual | 4 | | instruction and study prescribed in this subsection (m) and is
| 5 | | performing related
work under the supervision of a professional | 6 | | person to qualify to become
a professional employee as defined | 7 | | in this subsection (m).
| 8 | | (n) "Public employee" or "employee", for the purposes of | 9 | | this Act, means
any individual employed by a public employer, | 10 | | including (i) interns and residents
at public hospitals, (ii) | 11 | | as of the effective date of this amendatory Act of the 93rd | 12 | | General
Assembly, but not
before, personal care attendants and | 13 | | personal assistants working under the Home
Services
Program | 14 | | under Section 3 of the Disabled Persons Rehabilitation Act, | 15 | | subject to
the
limitations set forth in this Act and in the | 16 | | Disabled Persons Rehabilitation
Act,
and (iii) as of the | 17 | | effective date of this amendatory Act of the 94th General | 18 | | Assembly, but not before, child and day care home providers | 19 | | participating in the child care assistance program under | 20 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 21 | | limitations set forth in this Act and in Section 9A-11 of the | 22 | | Illinois Public Aid Code , and (iv) as of the effective date of | 23 | | this amendatory Act of the 97th General Assembly, but not | 24 | | before except as otherwise provided in this subsection (n), | 25 | | home care and home health workers who function as personal care | 26 | | attendants, personal assistants, and individual maintenance |
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| 1 | | home health workers and who also work under the Home Services | 2 | | Program under Section 3 of the Disabled Persons Rehabilitation | 3 | | Act, no matter whether the State provides those services | 4 | | through direct fee-for-service arrangements, with the | 5 | | assistance of a managed care organization or other | 6 | | intermediary, or otherwise , but excluding all of the following: | 7 | | employees of the
General Assembly of the State of Illinois; | 8 | | elected officials; executive
heads of a department; members of | 9 | | boards or commissions; the Executive
Inspectors General; any | 10 | | special Executive Inspectors General; employees of each
Office | 11 | | of an Executive Inspector General;
commissioners and employees | 12 | | of the Executive Ethics Commission; the Auditor
General's | 13 | | Inspector General; employees of the Office of the Auditor | 14 | | General's
Inspector General; the Legislative Inspector | 15 | | General; any special Legislative
Inspectors General; employees | 16 | | of the Office
of the Legislative Inspector General;
| 17 | | commissioners and employees of the Legislative Ethics | 18 | | Commission;
employees
of any
agency, board or commission | 19 | | created by this Act; employees appointed to
State positions of | 20 | | a temporary or emergency nature; all employees of school
| 21 | | districts and higher education institutions except | 22 | | firefighters and peace
officers employed
by a state university | 23 | | and except peace officers employed by a school district in its | 24 | | own police department in existence on the effective date of | 25 | | this amendatory Act of the 96th General Assembly; managerial | 26 | | employees; short-term employees;
confidential employees; |
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| 1 | | independent contractors; and supervisors except as
provided in | 2 | | this Act.
| 3 | | Home care
and home health workers who function as personal | 4 | | Personal care attendants , and personal assistants , and | 5 | | individual maintenance home health workers and who also work | 6 | | under the Home Services Program under Section 3 of the Disabled | 7 | | Persons Rehabilitation Act shall not be considered
public
| 8 | | employees for any purposes not specifically provided for in | 9 | | Public Act 93-204 or this amendatory Act of the 97th General | 10 | | Assembly the amendatory Act
of the
93rd General Assembly , | 11 | | including but not limited to, purposes of vicarious
liability | 12 | | in tort
and purposes of statutory retirement or health | 13 | | insurance benefits. Home care and home health workers who | 14 | | function as personal Personal
care
attendants , and personal | 15 | | assistants , and individual maintenance home health workers and | 16 | | who also work under the Home Services Program under Section 3 | 17 | | of the Disabled Persons Rehabilitation Act shall not be covered | 18 | | by the State Employees
Group
Insurance Act of 1971 (5 ILCS | 19 | | 375/).
| 20 | | Child and day care home providers shall not be considered | 21 | | public employees for any purposes not specifically provided for | 22 | | in this amendatory Act of the 94th General Assembly, including | 23 | | but not limited to, purposes of vicarious liability in tort and | 24 | | purposes of statutory retirement or health insurance benefits. | 25 | | Child and day care home providers shall not be covered by the | 26 | | State Employees Group Insurance Act of 1971. |
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| 1 | | Notwithstanding Section 9, subsection (c), or any other | 2 | | provisions of
this Act, all peace officers above the rank of | 3 | | captain in
municipalities with more than 1,000,000 inhabitants | 4 | | shall be excluded
from this Act.
| 5 | | (o) Except as otherwise in subsection (o-5), "public | 6 | | employer" or "employer" means the State of Illinois; any
| 7 | | political subdivision of the State, unit of local government or | 8 | | school
district; authorities including departments, divisions, | 9 | | bureaus, boards,
commissions, or other agencies of the | 10 | | foregoing entities; and any person
acting within the scope of | 11 | | his or her authority, express or implied, on
behalf of those | 12 | | entities in dealing with its employees.
As of the effective | 13 | | date of the amendatory Act of the 93rd General Assembly,
but | 14 | | not
before, the State of Illinois shall be considered the | 15 | | employer of the personal
care
attendants and personal | 16 | | assistants working under the Home Services Program
under
| 17 | | Section 3 of the Disabled Persons Rehabilitation Act, subject | 18 | | to the
limitations set forth
in this Act and in the Disabled | 19 | | Persons Rehabilitation Act. As of the effective date of this | 20 | | amendatory Act of the 97th General Assembly, but not before | 21 | | except as otherwise provided in this subsection (o), the State | 22 | | shall be considered the employer of home care and home health | 23 | | workers who function as personal care attendants, personal | 24 | | assistants, and individual maintenance home health workers and | 25 | | who also work under the Home Services Program under Section 3 | 26 | | of the Disabled Persons Rehabilitation Act, no matter whether |
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| 1 | | the State provides those services through direct | 2 | | fee-for-service arrangements, with the assistance of a managed | 3 | | care organization or other intermediary, or otherwise, but | 4 | | subject to the limitations set forth in this Act and the | 5 | | Disabled Persons Rehabilitation Act. The State shall not
be
| 6 | | considered to be the employer of home care and home health | 7 | | workers who function as personal care attendants , and personal
| 8 | | assistants , and individual maintenance home health workers and | 9 | | who also work under the Home Services Program under Section 3 | 10 | | of the Disabled Persons Rehabilitation Act, for any
purposes | 11 | | not specifically provided for in Public Act 93-204 or this | 12 | | amendatory Act of the 97th General Assembly this amendatory Act | 13 | | of the 93rd
General
Assembly , including but not limited to, | 14 | | purposes of vicarious liability in tort
and
purposes of | 15 | | statutory retirement or health insurance benefits. Home care | 16 | | and home health workers who function as personal Personal care
| 17 | | attendants ,
and personal assistants , and individual | 18 | | maintenance home health workers and who also work under the | 19 | | Home Services Program under Section 3 of the Disabled Persons | 20 | | Rehabilitation Act shall not be covered by the State Employees | 21 | | Group
Insurance Act of 1971
(5 ILCS 375/).
As of the effective | 22 | | date of this amendatory Act of the 94th General Assembly but | 23 | | not before, the State of Illinois shall be considered the | 24 | | employer of the day and child care home providers participating | 25 | | in the child care assistance program under Section 9A-11 of the | 26 | | Illinois Public Aid Code, subject to the limitations set forth |
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| 1 | | in this Act and in Section 9A-11 of the Illinois Public Aid | 2 | | Code. The State shall not be considered to be the employer of | 3 | | child and day care home providers for any purposes not | 4 | | specifically provided for in this amendatory Act of the 94th | 5 | | General Assembly, including but not limited to, purposes of | 6 | | vicarious liability in tort and purposes of statutory | 7 | | retirement or health insurance benefits. Child and day care | 8 | | home providers shall not be covered by the State Employees | 9 | | Group Insurance Act of 1971. | 10 | | "Public employer" or
"employer" as used in this Act, | 11 | | however, does not
mean and shall not include the General | 12 | | Assembly of the State of Illinois,
the Executive Ethics | 13 | | Commission, the Offices of the Executive Inspectors
General, | 14 | | the Legislative Ethics Commission, the Office of the | 15 | | Legislative
Inspector General, the Office of the Auditor | 16 | | General's Inspector General,
and educational employers or | 17 | | employers as defined in the Illinois
Educational Labor | 18 | | Relations Act, except with respect to a state university in
its | 19 | | employment of firefighters and peace officers and except with | 20 | | respect to a school district in the employment of peace | 21 | | officers in its own police department in existence on the | 22 | | effective date of this amendatory Act of the 96th General | 23 | | Assembly. County boards and county
sheriffs shall be
designated | 24 | | as joint or co-employers of county peace officers appointed
| 25 | | under the authority of a county sheriff. Nothing in this | 26 | | subsection
(o) shall be construed
to prevent the State Panel or |
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| 1 | | the Local Panel
from determining that employers are joint or | 2 | | co-employers.
| 3 | | (o-5) With respect to
wages, fringe
benefits, hours, | 4 | | holidays, vacations, proficiency
examinations, sick leave, and | 5 | | other conditions of
employment, the public employer of public | 6 | | employees who are court reporters, as
defined in the Court | 7 | | Reporters Act, shall be determined as
follows:
| 8 | | (1) For court reporters employed by the Cook County | 9 | | Judicial
Circuit, the chief judge of the Cook County | 10 | | Circuit
Court is the public employer and employer | 11 | | representative.
| 12 | | (2) For court reporters employed by the 12th, 18th, | 13 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 14 | | circuits, a group consisting of the chief judges of those | 15 | | circuits, acting
jointly by majority vote, is the public | 16 | | employer and employer representative.
| 17 | | (3) For court reporters employed by all other judicial | 18 | | circuits,
a group consisting of the chief judges of those | 19 | | circuits, acting jointly by
majority vote, is the public | 20 | | employer and employer representative.
| 21 | | (p) "Security employee" means an employee who is | 22 | | responsible for the
supervision and control of inmates at | 23 | | correctional facilities. The term
also includes other | 24 | | non-security employees in bargaining units having the
majority | 25 | | of employees being responsible for the supervision and control | 26 | | of
inmates at correctional facilities.
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| 1 | | (q) "Short-term employee" means an employee who is employed | 2 | | for less
than 2 consecutive calendar quarters during a calendar | 3 | | year and who does
not have a reasonable assurance that he or | 4 | | she will be rehired by the
same employer for the same service | 5 | | in a subsequent calendar year.
| 6 | | (r) "Supervisor" is an employee whose principal work is | 7 | | substantially
different from that of his or her subordinates | 8 | | and who has authority, in the
interest of the employer, to | 9 | | hire, transfer, suspend, lay off, recall,
promote, discharge, | 10 | | direct, reward, or discipline employees, to adjust
their | 11 | | grievances, or to effectively recommend any of those actions, | 12 | | if the
exercise
of that authority is not of a merely routine or | 13 | | clerical nature, but
requires the consistent use of independent | 14 | | judgment. Except with respect to
police employment, the term | 15 | | "supervisor" includes only those individuals
who devote a | 16 | | preponderance of their employment time to exercising that
| 17 | | authority, State supervisors notwithstanding. In addition, in | 18 | | determining
supervisory status in police employment, rank | 19 | | shall not be determinative.
The Board shall consider, as | 20 | | evidence of bargaining unit inclusion or
exclusion, the common | 21 | | law enforcement policies and relationships between
police | 22 | | officer ranks and certification under applicable civil service | 23 | | law,
ordinances, personnel codes, or Division 2.1 of Article 10 | 24 | | of the Illinois
Municipal Code, but these factors shall not
be | 25 | | the sole or predominant factors considered by the Board in | 26 | | determining
police supervisory status.
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| 1 | | Notwithstanding the provisions of the preceding paragraph, | 2 | | in determining
supervisory status in fire fighter employment, | 3 | | no fire fighter shall be
excluded as a supervisor who has | 4 | | established representation rights under
Section 9 of this Act. | 5 | | Further, in new fire fighter units, employees shall
consist of | 6 | | fire fighters of the rank of company officer and below. If a | 7 | | company officer otherwise qualifies as a supervisor under the | 8 | | preceding paragraph, however, he or she shall
not be included | 9 | | in the fire fighter
unit. If there is no rank between that of | 10 | | chief and the
highest company officer, the employer may | 11 | | designate a position on each
shift as a Shift Commander, and | 12 | | the persons occupying those positions shall
be supervisors. All | 13 | | other ranks above that of company officer shall be
supervisors.
| 14 | | (s)(1) "Unit" means a class of jobs or positions that are | 15 | | held by
employees whose collective interests may suitably be | 16 | | represented by a labor
organization for collective bargaining. | 17 | | Except with respect to non-State fire
fighters and paramedics | 18 | | employed by fire departments and fire protection
districts, | 19 | | non-State peace officers, and peace officers in the Department | 20 | | of
State Police, a bargaining unit determined by the Board | 21 | | shall not include both
employees and supervisors, or | 22 | | supervisors only, except as provided in paragraph
(2) of this | 23 | | subsection (s) and except for bargaining units in existence on | 24 | | July
1, 1984 (the effective date of this Act). With respect to | 25 | | non-State fire
fighters and paramedics employed by fire | 26 | | departments and fire protection
districts, non-State peace |
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| 1 | | officers, and peace officers in the Department of
State Police, | 2 | | a bargaining unit determined by the Board shall not include | 3 | | both
supervisors and nonsupervisors, or supervisors only, | 4 | | except as provided in
paragraph (2) of this subsection (s) and | 5 | | except for bargaining units in
existence on January 1, 1986 | 6 | | (the effective date of this amendatory Act of
1985). A | 7 | | bargaining unit determined by the Board to contain peace | 8 | | officers
shall contain no employees other than peace officers | 9 | | unless otherwise agreed to
by the employer and the labor | 10 | | organization or labor organizations involved.
Notwithstanding | 11 | | any other provision of this Act, a bargaining unit, including a
| 12 | | historical bargaining unit, containing sworn peace officers of | 13 | | the Department
of Natural Resources (formerly designated the | 14 | | Department of Conservation) shall
contain no employees other | 15 | | than such sworn peace officers upon the effective
date of this | 16 | | amendatory Act of 1990 or upon the expiration date of any
| 17 | | collective bargaining agreement in effect upon the effective | 18 | | date of this
amendatory Act of 1990 covering both such sworn | 19 | | peace officers and other
employees.
| 20 | | (2) Notwithstanding the exclusion of supervisors from | 21 | | bargaining units
as provided in paragraph (1) of this | 22 | | subsection (s), a public
employer may agree to permit its | 23 | | supervisory employees to form bargaining units
and may bargain | 24 | | with those units. This Act shall apply if the public employer
| 25 | | chooses to bargain under this subsection.
| 26 | | (3) Public employees who are court reporters, as defined
in |
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| 1 | | the Court Reporters Act,
shall be divided into 3 units for | 2 | | collective bargaining purposes. One unit
shall be court | 3 | | reporters employed by the Cook County Judicial Circuit; one
| 4 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 5 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 6 | | and one unit shall be court reporters employed by all other
| 7 | | judicial circuits.
| 8 | | (Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11.)
| 9 | | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| 10 | | Sec. 7. Duty to bargain. A public employer and the | 11 | | exclusive representative
have the authority and the duty to | 12 | | bargain collectively set forth in this
Section.
| 13 | | For the purposes of this Act, "to bargain collectively" | 14 | | means the performance
of the mutual obligation of the public | 15 | | employer or his designated
representative and the | 16 | | representative of the public employees to meet at
reasonable | 17 | | times, including meetings in advance of the budget-making | 18 | | process,
and to negotiate in good faith with respect to wages, | 19 | | hours, and other
conditions
of employment, not excluded by | 20 | | Section 4 of this Act, or the negotiation
of an agreement, or | 21 | | any question arising
thereunder and the execution of a written | 22 | | contract incorporating any agreement
reached if requested by | 23 | | either party, but such obligation does not compel
either party | 24 | | to agree to a proposal or require the making of a concession.
| 25 | | The duty "to bargain collectively" shall also include an |
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| 1 | | obligation to
negotiate over any matter with respect to wages, | 2 | | hours and other conditions
of employment, not specifically | 3 | | provided for in any other law or not specifically
in violation | 4 | | of the provisions
of any law. If any other law pertains, in | 5 | | part, to a matter affecting
the wages, hours and other | 6 | | conditions of employment, such other law shall
not be construed | 7 | | as limiting the duty "to bargain collectively" and to enter
| 8 | | into collective bargaining agreements containing clauses which | 9 | | either supplement,
implement, or relate to the effect of such | 10 | | provisions in other laws.
| 11 | | The duty "to bargain collectively" shall also include | 12 | | negotiations
as to the terms of a collective bargaining | 13 | | agreement.
The parties may, by mutual agreement, provide for | 14 | | arbitration of impasses
resulting from their inability to agree | 15 | | upon wages, hours and terms and
conditions of employment to be | 16 | | included in a collective bargaining agreement.
Such | 17 | | arbitration provisions shall be subject to the Illinois | 18 | | "Uniform Arbitration
Act" unless agreed by the parties.
| 19 | | The duty "to bargain collectively" shall also mean that no | 20 | | party to a collective
bargaining contract shall terminate or | 21 | | modify such contract, unless the
party desiring such | 22 | | termination or modification:
| 23 | | (1) serves a written notice upon the other party to the | 24 | | contract of the
proposed termination or modification 60 | 25 | | days prior to the expiration date
thereof, or in the event | 26 | | such contract contains no expiration date, 60 days
prior to |
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| 1 | | the time it is proposed to make such termination or | 2 | | modification;
| 3 | | (2) offers to meet and confer with the other party for | 4 | | the purpose of
negotiating a new contract or a contract | 5 | | containing the proposed modifications;
| 6 | | (3) notifies the Board within 30 days after such notice | 7 | | of the existence
of a dispute, provided no agreement has | 8 | | been reached by that time; and
| 9 | | (4) continues in full force and effect, without | 10 | | resorting to strike or
lockout, all the terms and | 11 | | conditions of the existing contract for a period
of 60 days | 12 | | after such notice is given to the other party or until the | 13 | | expiration
date of such contract, whichever occurs later.
| 14 | | The duties imposed upon employers, employees and labor | 15 | | organizations by
paragraphs (2), (3) and (4) shall become | 16 | | inapplicable upon an intervening
certification of the Board, | 17 | | under which the labor organization, which is
a party to the | 18 | | contract, has been superseded as or ceased to be the exclusive
| 19 | | representative
of the employees pursuant to the provisions of | 20 | | subsection (a) of Section
9, and the duties so imposed shall | 21 | | not be construed as requiring either
party to discuss or agree | 22 | | to any modification of the terms and conditions
contained in a | 23 | | contract for a fixed period, if such modification is to become
| 24 | | effective before such terms and conditions can be reopened | 25 | | under the provisions
of the contract.
| 26 | | Collective bargaining for home care and home health workers |
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| 1 | | who function as personal care attendants , and personal | 2 | | assistants , and individual maintenance home health workers
| 3 | | under
the Home Services Program shall be limited to the terms | 4 | | and conditions of
employment
under the State's control, as | 5 | | defined in Public Act 93-204 or this amendatory Act of the 97th | 6 | | General Assembly, as applicable the amendatory Act of the 93rd
| 7 | | General
Assembly .
| 8 | | Collective bargaining for child and day care home providers | 9 | | under the child care assistance program shall be limited to the | 10 | | terms and conditions of employment under the State's control, | 11 | | as defined in this amendatory Act of the 94th General Assembly.
| 12 | | Notwithstanding any other provision of this Section, | 13 | | whenever collective bargaining is for the purpose of | 14 | | establishing an initial agreement following original | 15 | | certification of units with fewer than 35 employees, with | 16 | | respect to public employees other than peace officers, fire | 17 | | fighters, and security employees, the following apply: | 18 | | (1) Not later than 10 days after receiving a written | 19 | | request for collective bargaining from a labor | 20 | | organization that has been newly certified as a | 21 | | representative as defined in Section 6(c), or within such | 22 | | further period as the parties agree upon, the parties shall | 23 | | meet and commence to bargain collectively and shall make | 24 | | every reasonable effort to conclude and sign a collective | 25 | | bargaining agreement. | 26 | | (2) If anytime after the expiration of the 90-day |
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| 1 | | period beginning on the date on which bargaining is | 2 | | commenced the parties have failed to reach an agreement, | 3 | | either party may notify the Illinois Public Labor Relations | 4 | | Board of the existence of a dispute and request mediation | 5 | | in accordance with the provisions of Section 14 of this | 6 | | Act. | 7 | | (3) If after the expiration of the 30-day period | 8 | | beginning on the date on which mediation commenced, or such | 9 | | additional period as the parties may agree upon, the | 10 | | mediator is not able to bring the parties to agreement by | 11 | | conciliation, either the exclusive representative of the | 12 | | employees or the employer may request of the other, in | 13 | | writing, arbitration and shall submit a copy of the request | 14 | | to the board. Upon submission of the request for | 15 | | arbitration, the parties shall be required to participate | 16 | | in the impasse arbitration procedures set forth in Section | 17 | | 14 of this Act, except the right to strike shall not be | 18 | | considered waived pursuant to Section 17 of this Act, until | 19 | | the actual convening of the arbitration hearing. | 20 | | (Source: P.A. 96-598, eff. 1-1-10.)
| 21 | | (5 ILCS 315/28 new) | 22 | | Sec. 28. Applicability of changes made by amendatory Act of | 23 | | the 97th General Assembly. Nothing in this amendatory Act of | 24 | | the 97th General Assembly applies to workers or consumers in | 25 | | the Home Based Support Services Program in the Department of |
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| 1 | | Human Services Division of Developmental Disabilities. | 2 | | Section 10. The Disabled Persons Rehabilitation Act is | 3 | | amended by changing Section 3 as follows:
| 4 | | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| 5 | | Sec. 3. Powers and duties. The Department shall have the | 6 | | powers and
duties enumerated
herein:
| 7 | | (a) To co-operate with the federal government in the | 8 | | administration
of the provisions of the federal Rehabilitation | 9 | | Act of 1973, as amended,
of the Workforce Investment Act of | 10 | | 1998,
and of the federal Social Security Act to the extent and | 11 | | in the manner
provided in these Acts.
| 12 | | (b) To prescribe and supervise such courses of vocational | 13 | | training
and provide such other services as may be necessary | 14 | | for the habilitation
and rehabilitation of persons with one or | 15 | | more disabilities, including the
administrative activities | 16 | | under subsection (e) of this Section, and to
co-operate with | 17 | | State and local school authorities and other recognized
| 18 | | agencies engaged in habilitation, rehabilitation and | 19 | | comprehensive
rehabilitation services; and to cooperate with | 20 | | the Department of Children
and Family Services regarding the | 21 | | care and education of children with one
or more disabilities.
| 22 | | (c) (Blank).
| 23 | | (d) To report in writing, to the Governor, annually on or | 24 | | before the
first day of December, and at such other times and |
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| 1 | | in such manner and
upon such subjects as the Governor may | 2 | | require. The annual report shall
contain (1) a statement of the | 3 | | existing condition of comprehensive
rehabilitation services, | 4 | | habilitation and rehabilitation in the State;
(2) a statement | 5 | | of suggestions and recommendations with reference to the
| 6 | | development of comprehensive rehabilitation services, | 7 | | habilitation and
rehabilitation in the State; and (3) an | 8 | | itemized statement of the
amounts of money received from | 9 | | federal, State and other sources, and of
the objects and | 10 | | purposes to which the respective items of these several
amounts | 11 | | have been devoted.
| 12 | | (e) (Blank).
| 13 | | (f) To establish a program of services to prevent | 14 | | unnecessary
institutionalization of persons with Alzheimer's | 15 | | disease and related
disorders or persons in need of long term | 16 | | care who are established as blind
or disabled as defined by the | 17 | | Social Security Act, thereby enabling them to
remain in their | 18 | | own homes or other living arrangements. Such preventive
| 19 | | services may include, but are not limited to, any or all of the | 20 | | following:
| 21 | | (1) home health services;
| 22 | | (2) home nursing services;
| 23 | | (3) homemaker services;
| 24 | | (4) chore and housekeeping services;
| 25 | | (5) day care services;
| 26 | | (6) home-delivered meals;
|
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| 1 | | (7) education in self-care;
| 2 | | (8) personal care services;
| 3 | | (9) adult day health services;
| 4 | | (10) habilitation services;
| 5 | | (11) respite care; or
| 6 | | (12) other nonmedical social services that may enable | 7 | | the person to
become self-supporting.
| 8 | | The Department shall establish eligibility
standards for | 9 | | such services taking into consideration the unique
economic and | 10 | | social needs of the population for whom they are to
be | 11 | | provided. Such eligibility standards may be based on the | 12 | | recipient's
ability to pay for services; provided, however, | 13 | | that any portion of a
person's income that is equal to or less | 14 | | than the "protected income" level
shall not be considered by | 15 | | the Department in determining eligibility. The
"protected | 16 | | income" level shall be determined by the Department, shall | 17 | | never be
less than the federal poverty standard, and shall be | 18 | | adjusted each year to
reflect changes in the Consumer Price | 19 | | Index For All Urban Consumers as
determined by the United | 20 | | States Department of Labor. The standards must
provide that a | 21 | | person may have not more than $10,000 in assets to be eligible | 22 | | for the services, and the Department may increase the asset | 23 | | limitation by rule. Additionally, in
determining the amount and | 24 | | nature of services for which a person may qualify,
| 25 | | consideration shall not be given to the value of cash, property | 26 | | or other assets
held in the name of the person's spouse |
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| 1 | | pursuant to a written agreement
dividing marital property into | 2 | | equal but separate shares or pursuant to a
transfer of the | 3 | | person's interest in a home to his spouse, provided that the
| 4 | | spouse's share of the marital property is not made available to | 5 | | the person
seeking such services.
| 6 | | The services shall be provided to eligible persons
to | 7 | | prevent unnecessary or premature institutionalization, to
the | 8 | | extent that the cost of the services, together with the
other | 9 | | personal maintenance expenses of the persons, are reasonably
| 10 | | related to the standards established for care in a group | 11 | | facility
appropriate to their condition. These | 12 | | non-institutional
services, pilot projects or experimental | 13 | | facilities may be provided as part of
or in addition to those | 14 | | authorized by federal law or those funded and
administered by | 15 | | the Illinois Department on Aging.
| 16 | | Personal care attendants shall be paid:
| 17 | | (i) A $5 per hour minimum rate beginning July 1, 1995.
| 18 | | (ii) A $5.30 per hour minimum rate beginning July 1, | 19 | | 1997.
| 20 | | (iii) A $5.40 per hour minimum rate beginning July 1, | 21 | | 1998.
| 22 | | Solely for the purposes of coverage under the Illinois | 23 | | Public Labor
Relations
Act
(5 ILCS 315/), personal care | 24 | | attendants and personal assistants providing
services under
| 25 | | the Department's Home Services Program shall be considered to | 26 | | be public
employees ,
and the State of Illinois shall be |
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| 1 | | considered to be their employer as of the
effective date of
| 2 | | this amendatory Act of the 93rd General Assembly, but not | 3 | | before. Solely for the purposes of coverage under the Illinois | 4 | | Public Labor
Relations
Act, home care and home health workers | 5 | | who function as personal care attendants, personal assistants, | 6 | | and individual maintenance home health workers and who also | 7 | | provide services under the Department's Home Services Program | 8 | | shall be considered to be public
employees, no matter whether | 9 | | the State provides such services through direct | 10 | | fee-for-service arrangements, with the assistance of a managed | 11 | | care organization or other intermediary, or otherwise,
and the | 12 | | State of Illinois shall be considered to be the employer of | 13 | | those persons as of the
effective date of
this amendatory Act | 14 | | of the 97th General Assembly, but not before except as | 15 | | otherwise provided under this subsection (f). The State
shall
| 16 | | engage in collective bargaining with an exclusive | 17 | | representative of home care and home health workers who | 18 | | function as personal
care
attendants , and personal assistants , | 19 | | and individual maintenance home health workers working under | 20 | | the Home Services Program
concerning
their terms and conditions | 21 | | of employment that are within the State's control.
Nothing in
| 22 | | this paragraph shall be understood to limit the right of the | 23 | | persons receiving
services
defined in this Section to hire and | 24 | | fire home care and home health workers who function as personal | 25 | | care attendants , and
personal assistants , and individual | 26 | | maintenance home health workers working under the Home Services |
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| 1 | | Program
or to supervise them within the limitations set by the | 2 | | Home Services Program. The
State
shall not be considered to be | 3 | | the employer of home care and home health workers who function | 4 | | as personal care attendants , and
personal
assistants , and | 5 | | individual maintenance home health workers working under the | 6 | | Home Services Program for any purposes not specifically | 7 | | provided in Public Act 93-204 or this amendatory Act of the | 8 | | 97th General Assembly this amendatory Act of
the 93rd
General | 9 | | Assembly , including but not limited to, purposes of vicarious | 10 | | liability
in tort and
purposes of statutory retirement or | 11 | | health insurance benefits. Home care and home health workers | 12 | | who function as personal Personal care
attendants ,
and personal | 13 | | assistants , and individual maintenance home health workers and | 14 | | who also provide services under the Department's Home Services | 15 | | Program shall not be covered by the State Employees Group
| 16 | | Insurance Act
of 1971 (5 ILCS 375/).
| 17 | | The Department shall execute, relative to the nursing home | 18 | | prescreening
project, as authorized by Section 4.03 of the | 19 | | Illinois Act on the Aging,
written inter-agency agreements with | 20 | | the Department on Aging and
the Department of Public Aid (now | 21 | | Department of Healthcare and Family Services), to effect the | 22 | | following: (i) intake procedures
and common eligibility | 23 | | criteria for those persons who are receiving
non-institutional | 24 | | services; and (ii) the establishment and development of
| 25 | | non-institutional services in areas of the State where they are | 26 | | not
currently available or are undeveloped. On and after July |
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| 1 | | 1, 1996, all nursing
home prescreenings for individuals 18 | 2 | | through 59 years of age shall be
conducted by the Department.
| 3 | | The Department is authorized to establish a system of | 4 | | recipient cost-sharing
for services provided under this | 5 | | Section. The cost-sharing shall be based upon
the recipient's | 6 | | ability to pay for services, but in no case shall the
| 7 | | recipient's share exceed the actual cost of the services | 8 | | provided. Protected
income shall not be considered by the | 9 | | Department in its determination of the
recipient's ability to | 10 | | pay a share of the cost of services. The level of
cost-sharing | 11 | | shall be adjusted each year to reflect changes in the | 12 | | "protected
income" level. The Department shall deduct from the | 13 | | recipient's share of the
cost of services any money expended by | 14 | | the recipient for disability-related
expenses.
| 15 | | The Department, or the Department's authorized | 16 | | representative, shall recover
the amount of moneys expended for | 17 | | services provided to or in behalf of a person
under this | 18 | | Section by a claim against the person's estate or against the | 19 | | estate
of the person's surviving spouse, but no recovery may be | 20 | | had until after the
death of the surviving spouse, if any, and | 21 | | then only at such time when there is
no surviving child who is | 22 | | under age 21, blind, or permanently and totally
disabled. This | 23 | | paragraph, however, shall not bar recovery, at the death of the
| 24 | | person, of moneys for services provided to the person or in | 25 | | behalf of the
person under this Section to which the person was | 26 | | not entitled; provided that
such recovery shall not be enforced |
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| 1 | | against any real estate while
it is occupied as a homestead by | 2 | | the surviving spouse or other dependent, if no
claims by other | 3 | | creditors have been filed against the estate, or, if such
| 4 | | claims have been filed, they remain dormant for failure of | 5 | | prosecution or
failure of the claimant to compel administration | 6 | | of the estate for the purpose
of payment. This paragraph shall | 7 | | not bar recovery from the estate of a spouse,
under Sections | 8 | | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 9 | | Illinois Public Aid Code, who precedes a person receiving | 10 | | services under this
Section in death. All moneys for services
| 11 | | paid to or in behalf of the person under this Section shall be | 12 | | claimed for
recovery from the deceased spouse's estate. | 13 | | "Homestead", as used in this
paragraph, means the dwelling | 14 | | house and
contiguous real estate occupied by a surviving spouse | 15 | | or relative, as defined
by the rules and regulations of the | 16 | | Department of Healthcare and Family Services,
regardless of the | 17 | | value of the property.
| 18 | | The Department and the Department on Aging shall cooperate
| 19 | | in the development and submission of an annual report on | 20 | | programs and
services provided under this Section. Such joint | 21 | | report shall be filed
with the Governor and the General | 22 | | Assembly on or before March
30
each year.
| 23 | | The requirement for reporting to the General Assembly shall | 24 | | be satisfied
by filing copies of the report with the Speaker, | 25 | | the Minority Leader and
the Clerk of the House of | 26 | | Representatives and the President, the Minority
Leader and the |
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| 1 | | Secretary of the Senate and the Legislative Research Unit,
as | 2 | | required by Section 3.1 of the General Assembly Organization | 3 | | Act, and filing
additional copies with the State
Government | 4 | | Report Distribution Center for the General Assembly as
required | 5 | | under paragraph (t) of Section 7 of the State Library Act.
| 6 | | (g) To establish such subdivisions of the Department
as | 7 | | shall be desirable and assign to the various subdivisions the
| 8 | | responsibilities and duties placed upon the Department by law.
| 9 | | (h) To cooperate and enter into any necessary agreements | 10 | | with the
Department of Employment Security for the provision of | 11 | | job placement and
job referral services to clients of the | 12 | | Department, including job
service registration of such clients | 13 | | with Illinois Employment Security
offices and making job | 14 | | listings maintained by the Department of Employment
Security | 15 | | available to such clients.
| 16 | | (i) To possess all powers reasonable and necessary for
the | 17 | | exercise and administration of the powers, duties and
| 18 | | responsibilities of the Department which are provided for by | 19 | | law.
| 20 | | (j) To establish a procedure whereby new providers of
| 21 | | personal care attendant services shall submit vouchers to the | 22 | | State for
payment two times during their first month of | 23 | | employment and one time per
month thereafter. In no case shall | 24 | | the Department pay personal care
attendants an hourly wage that | 25 | | is less than the federal minimum wage.
| 26 | | (k) To provide adequate notice to providers of chore and |
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| 1 | | housekeeping
services informing them that they are entitled to | 2 | | an interest payment on
bills which are not promptly paid | 3 | | pursuant to Section 3 of the State Prompt
Payment Act.
| 4 | | (l) To establish, operate and maintain a Statewide Housing | 5 | | Clearinghouse
of information on available, government | 6 | | subsidized housing accessible to
disabled persons and | 7 | | available privately owned housing accessible to
disabled | 8 | | persons. The information shall include but not be limited to | 9 | | the
location, rental requirements, access features and | 10 | | proximity to public
transportation of available housing. The | 11 | | Clearinghouse shall consist
of at least a computerized database | 12 | | for the storage and retrieval of
information and a separate or | 13 | | shared toll free telephone number for use by
those seeking | 14 | | information from the Clearinghouse. Department offices and
| 15 | | personnel throughout the State shall also assist in the | 16 | | operation of the
Statewide Housing Clearinghouse. Cooperation | 17 | | with local, State and federal
housing managers shall be sought | 18 | | and extended in order to frequently and
promptly update the | 19 | | Clearinghouse's information.
| 20 | | (m) To assure that the names and case records of persons | 21 | | who received or
are
receiving services from the Department, | 22 | | including persons receiving vocational
rehabilitation, home | 23 | | services, or other services, and those attending one of
the | 24 | | Department's schools or other supervised facility shall be | 25 | | confidential and
not be open to the general public. Those case | 26 | | records and reports or the
information contained in those |
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| 1 | | records and reports shall be disclosed by the
Director only to | 2 | | proper law enforcement officials, individuals authorized by a
| 3 | | court, the General Assembly or any committee or commission of | 4 | | the General
Assembly, and other persons and for reasons as the | 5 | | Director designates by rule.
Disclosure by the Director may be | 6 | | only in accordance with other applicable
law.
| 7 | | (Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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