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90_HB0735ham001
LRB9003679SMdvam04
1 AMENDMENT TO HOUSE BILL 735
2 AMENDMENT NO. . Amend House Bill 735 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Human Services Delivery Act.
6 Section 5. Legislative findings and declaration of
7 policy.
8 (a) The purpose of this Act is to set forth a program to
9 better provide human services to needy citizens of the State
10 of Illinois. The State of Illinois contracts with or
11 provides grants to private entities for the purpose of
12 providing residential and day treatment services to the
13 mentally ill and developmentally disabled. The State of
14 Illinois enters into these contracts and provides these
15 grants in order to best provide the human services necessary
16 for the care and development of its neediest citizens.
17 (b) The legislature finds that the needs of its mentally
18 ill and developmentally disabled citizens cannot be met if
19 the services provided to them through contracts or grants
20 between the State of Illinois and private providers are
21 subject to disruption. The legislature further finds that
22 the services are most likely to be disrupted if the private
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1 providers of the services have illegally interfered with the
2 rights of the private providers' employees under federal law.
3 Private providers or employers found guilty of violating the
4 National Labor Relations Act are most likely to be subject to
5 strikes and other work stoppages by their employees, which
6 strikes or work stoppages have a detrimental effect on the
7 services being provided to Illinois citizens who are mentally
8 ill or developmentally disabled.
9 (c) It is hereby declared to be the policy of the State
10 of Illinois that in order to prevent the disruption of
11 residential and day treatment services to the mentally ill
12 and developmentally disabled citizens, the State of Illinois
13 shall not contract with or provide grants to private
14 providers to provide these services if the private provider
15 has been found to have violated the National Labor Relations
16 Act by committing 3 or more unfair labor practices in any 24
17 month period in the 3 years preceding the effective date or
18 renewal date of the contract, agreement, or grant.
19 Section 10. Definitions. As used in this Act, unless
20 the context otherwise requires:
21 "Contractor or grantee" means an entity other than the
22 State of Illinois, a department of the State of Illinois, or
23 political subdivision of the State of Illinois which has a
24 contractual or other relationship with the State of Illinois
25 or a department of the State of Illinois to provide
26 residential or day treatment services to the mentally ill or
27 developmentally disabled, which contract is funded in whole
28 or in part by the State of Illinois or through the Medicaid
29 Program of the State of Illinois.
30 "National Labor Relations Act" means the federal statute,
31 found at 29 U.S.C. Section 101, et seq., as amended.
32 "Violation of the National Labor Relations Act" means a
33 decision by the National Labor Relations Board that the
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1 National Labor Relations Act has been violated.
2 Section 20. Certification. No grantee or contractor shall
3 receive a grant or be considered for the purposes of being
4 awarded a contract for providing residential or day treatment
5 services for the mentally ill or developmentally disabled,
6 unless that grantee or contractor has certified to the State
7 of Illinois or to the granting or contracting agency that it
8 has not been found to have committed 3 or more unfair labor
9 practices during a 24 month period in the 3 years preceding
10 the effective date of the contract or grant.
11 Section 25. Suspension or termination of the contract or
12 grant. Each contract or grant awarded by the State of
13 Illinois shall be subject to suspension of payments or
14 termination or both if it is determined that:
15 (a) The contractor or grantee has made a false
16 certification under Section 20 of this Act; or
17 (b) The contractor or grantee, after the effective date
18 of the contract or grant, is found to have committed 3 or
19 more unfair labor practices during a 24 month period under
20 the National Labor Relations Act.
21 Section 30. Debarment. Any contractor or grantee who
22 files a false certification under Section 20 or whose
23 contract or grant is suspended or terminated under Section 25
24 shall be debarred from seeking or obtaining a new contract or
25 grant covered under this Act for a period of one year from
26 the date that the contract or grant was terminated or
27 suspended.
28 Section 35. Suspension, termination or debarment
29 proceedings; remediation.
30 (a) In any determination proceeding for suspension of
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1 payment, termination, or debarment pursuant to this Act, the
2 only question shall be whether the contractor or grantee has
3 violated the National Labor Relations Act as defined by this
4 Act.
5 (b) All proceedings for suspension of payment,
6 termination, or debarment pursuant to this Act shall be
7 conducted in accordance with the Illinois Administrative
8 Procedure Act.
9 (c) Upon notice to the Department of Human Services from
10 a labor organization that a complaint has been issued by the
11 National Labor Relations Board against a contractor or
12 grantee, the Department shall at the request of the labor
13 organization convene a remediation session between the labor
14 organization and the contractor or grantee. The Department
15 shall establish rules concerning the conduct of the sessions.
16 (d) As minor violations of a technical nature are not
17 likely to result in interference with employees' rights
18 sufficient to cause significant disruption in the provision
19 of essential services, nothing herein shall preclude the
20 Department from making a finding that the violations were of
21 a technical nature with only de minimus impact on the rights
22 guaranteed under the National Labor Relations Act.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.".