Public Act 094-0320
 
SB0143 Enrolled LRB094 06610 JAM 36702 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Labor Relations Act is
amended by changing Sections 3 and 7 as follows:
 
    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
    Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
    (b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and other
conditions of employment, as detailed in Section 7 and which
are not excluded by Section 4.
    (c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
    (d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
    (e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
    (f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State Police,
means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit, (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive
representative by a majority of the employees in an appropriate
bargaining unit; or (iv) recognized as the exclusive
representative of personal care attendants or personal
assistants under Executive Order 2003-8 prior to the effective
date of this amendatory Act of the 93rd General Assembly, and
the organization shall be considered to be the exclusive
representative of the personal care attendants or personal
assistants as defined in this Section; or (v) recognized as the
exclusive representative of child and day care home providers,
including licensed and license exempt providers, pursuant to an
election held under Executive Order 2005-1 prior to the
effective date of this amendatory Act of the 94th General
Assembly, and the organization shall be considered to be the
exclusive representative of the child and day care home
providers as defined in this Section.
    With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department
of State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire fighters
in an appropriate bargaining unit in accordance with the
procedures contained in this Act, (ii) historically recognized
by the State of Illinois or any political subdivision of the
State before January 1, 1986 (the effective date of this
amendatory Act of 1985) as the exclusive representative by a
majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1, 1986
(the effective date of this amendatory Act of 1985) recognized
by an employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit.
    (g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any of
the employees in a collective bargaining unit are required to
pay their proportionate share of the costs of the collective
bargaining process, contract administration, and pursuing
matters affecting wages, hours, and other conditions of
employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall preclude
an employee from making voluntary political contributions in
conjunction with his or her fair share payment.
    (g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call fire
fighters, clerks and dispatchers or other civilian employees of
a fire department or fire protection district who are not
routinely expected to perform fire fighter duties, or elected
officials.
    (g-2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois,
as provided for under Article IV of the Constitution of the
State of Illinois, and includes but is not limited to the House
of Representatives, the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
    (h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the Director
of the Department of Central Management Services, and the
Director of the Department of Labor; the county board in the
case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
    (i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
    (j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
    (k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons are
not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section 3-6012.1
of the Counties Code, temporary employees, traffic guards or
wardens, civilian parking meter and parking facilities
personnel or other individuals specially appointed to aid or
direct traffic at or near schools or public functions or to aid
in civil defense or disaster, parking enforcement employees who
are not commissioned as peace officers and who are not armed
and who are not routinely expected to effect arrests, parking
lot attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely expected
to effect arrests, or elected officials.
    (l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
    (m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a
hospital, as distinguished from a general academic education or
from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a professional
person to qualify to become a professional employee as defined
in this subsection (m).
    (n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals and,
(ii) as of the effective date of this amendatory Act of the
93rd General Assembly, but not before, personal care attendants
and personal assistants working under the Home Services Program
under Section 3 of the Disabled Persons Rehabilitation Act,
subject to the limitations set forth in this Act and in the
Disabled Persons Rehabilitation Act, and (iii) as of the
effective date of this amendatory Act of the 94th General
Assembly, but not before, child and day care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code, but excluding all of the following:
employees of the General Assembly of the State of Illinois;
elected officials; executive heads of a department; members of
boards or commissions; the Executive Inspectors General; any
special Executive Inspectors General; employees of each Office
of an Executive Inspector General; commissioners and employees
of the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state university;
managerial employees; short-term employees; confidential
employees; independent contractors; and supervisors except as
provided in this Act.
    Personal care attendants and personal assistants shall not
be considered public employees for any purposes not
specifically provided for in the this amendatory Act of the
93rd General Assembly, including but not limited to, purposes
of vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by the
State Employees Group Insurance Act of 1971 (5 ILCS 375/).
    Child and day care home providers shall not be considered
public employees for any purposes not specifically provided for
in this amendatory Act of the 94th General Assembly, including
but not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the
State Employees Group Insurance Act of 1971.
    Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
    (o) "Public employer" or "employer" means the State of
Illinois; any political subdivision of the State, unit of local
government or school district; authorities including
departments, divisions, bureaus, boards, commissions, or other
agencies of the foregoing entities; and any person acting
within the scope of his or her authority, express or implied,
on behalf of those entities in dealing with its employees. As
of the effective date of the this amendatory Act of the 93rd
General Assembly, but not before, the State of Illinois shall
be considered the employer of the personal care attendants and
personal assistants working under the Home Services Program
under Section 3 of the Disabled Persons Rehabilitation Act,
subject to the limitations set forth in this Act and in the
Disabled Persons Rehabilitation Act. The State shall not be
considered to be the employer of personal care attendants and
personal assistants for any purposes not specifically provided
for in this amendatory Act of the 93rd General Assembly,
including but not limited to, purposes of vicarious liability
in tort and purposes of statutory retirement or health
insurance benefits. Personal care attendants and personal
assistants shall not be covered by the State Employees Group
Insurance Act of 1971 (5 ILCS 375/). As of the effective date
of this amendatory Act of the 94th General Assembly but not
before, the State of Illinois shall be considered the employer
of the day and child care home providers participating in the
child care assistance program under Section 9A-11 of the
Illinois Public Aid Code, subject to the limitations set forth
in this Act and in Section 9A-11 of the Illinois Public Aid
Code. The State shall not be considered to be the employer of
child and day care home providers for any purposes not
specifically provided for in this amendatory Act of the 94th
General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Child and day care
home providers shall not be covered by the State Employees
Group Insurance Act of 1971.
    "Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in its
employment of firefighters and peace officers. County boards
and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection (o)
shall be construed to prevent the State Panel or the Local
Panel from determining that employers are joint or
co-employers.
    (p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
    (q) "Short-term employee" means an employee who is employed
for less than 2 consecutive calendar quarters during a calendar
year and who does not have a reasonable assurance that he or
she will be rehired by the same employer for the same service
in a subsequent calendar year.
    (r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine or
clerical nature, but requires the consistent use of independent
judgment. Except with respect to police employment, the term
"supervisor" includes only those individuals who devote a
preponderance of their employment time to exercising that
authority, State supervisors notwithstanding. In addition, in
determining supervisory status in police employment, rank
shall not be determinative. The Board shall consider, as
evidence of bargaining unit inclusion or exclusion, the common
law enforcement policies and relationships between police
officer ranks and certification under applicable civil service
law, ordinances, personnel codes, or Division 2.1 of Article 10
of the Illinois Municipal Code, but these factors shall not be
the sole or predominant factors considered by the Board in
determining police supervisory status.
    Notwithstanding the provisions of the preceding paragraph,
in determining supervisory status in fire fighter employment,
no fire fighter shall be excluded as a supervisor who has
established representation rights under Section 9 of this Act.
Further, in new fire fighter units, employees shall consist of
fire fighters of the rank of company officer and below. If a
company officer otherwise qualifies as a supervisor under the
preceding paragraph, however, he or she shall not be included
in the fire fighter unit. If there is no rank between that of
chief and the highest company officer, the employer may
designate a position on each shift as a Shift Commander, and
the persons occupying those positions shall be supervisors. All
other ranks above that of company officer shall be supervisors.
    (s) (1) "Unit" means a class of jobs or positions that are
    held by employees whose collective interests may suitably
    be represented by a labor organization for collective
    bargaining. Except with respect to non-State fire fighters
    and paramedics employed by fire departments and fire
    protection districts, non-State peace officers, and peace
    officers in the Department of State Police, a bargaining
    unit determined by the Board shall not include both
    employees and supervisors, or supervisors only, except as
    provided in paragraph (2) of this subsection (s) and except
    for bargaining units in existence on July 1, 1984 (the
    effective date of this Act). With respect to non-State fire
    fighters and paramedics employed by fire departments and
    fire protection districts, non-State peace officers, and
    peace officers in the Department of State Police, a
    bargaining unit determined by the Board shall not include
    both supervisors and nonsupervisors, or supervisors only,
    except as provided in paragraph (2) of this subsection (s)
    and except for bargaining units in existence on January 1,
    1986 (the effective date of this amendatory Act of 1985). A
    bargaining unit determined by the Board to contain peace
    officers shall contain no employees other than peace
    officers unless otherwise agreed to by the employer and the
    labor organization or labor organizations involved.
    Notwithstanding any other provision of this Act, a
    bargaining unit, including a historical bargaining unit,
    containing sworn peace officers of the Department of
    Natural Resources (formerly designated the Department of
    Conservation) shall contain no employees other than such
    sworn peace officers upon the effective date of this
    amendatory Act of 1990 or upon the expiration date of any
    collective bargaining agreement in effect upon the
    effective date of this amendatory Act of 1990 covering both
    such sworn peace officers and other employees.
        (2) Notwithstanding the exclusion of supervisors from
    bargaining units as provided in paragraph (1) of this
    subsection (s), a public employer may agree to permit its
    supervisory employees to form bargaining units and may
    bargain with those units. This Act shall apply if the
    public employer chooses to bargain under this subsection.
(Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03.)
 
    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
    Sec. 7. Duty to bargain. A public employer and the
exclusive representative have the authority and the duty to
bargain collectively set forth in this Section.
    For the purposes of this Act, "to bargain collectively"
means the performance of the mutual obligation of the public
employer or his designated representative and the
representative of the public employees to meet at reasonable
times, including meetings in advance of the budget-making
process, and to negotiate in good faith with respect to wages,
hours, and other conditions of employment, not excluded by
Section 4 of this Act, or the negotiation of an agreement, or
any question arising thereunder and the execution of a written
contract incorporating any agreement reached if requested by
either party, but such obligation does not compel either party
to agree to a proposal or require the making of a concession.
    The duty "to bargain collectively" shall also include an
obligation to negotiate over any matter with respect to wages,
hours and other conditions of employment, not specifically
provided for in any other law or not specifically in violation
of the provisions of any law. If any other law pertains, in
part, to a matter affecting the wages, hours and other
conditions of employment, such other law shall not be construed
as limiting the duty "to bargain collectively" and to enter
into collective bargaining agreements containing clauses which
either supplement, implement, or relate to the effect of such
provisions in other laws.
    The duty "to bargain collectively" shall also include
negotiations as to the terms of a collective bargaining
agreement. The parties may, by mutual agreement, provide for
arbitration of impasses resulting from their inability to agree
upon wages, hours and terms and conditions of employment to be
included in a collective bargaining agreement. Such
arbitration provisions shall be subject to the Illinois
"Uniform Arbitration Act" unless agreed by the parties.
    The duty "to bargain collectively" shall also mean that no
party to a collective bargaining contract shall terminate or
modify such contract, unless the party desiring such
termination or modification:
    (1) serves a written notice upon the other party to the
contract of the proposed termination or modification 60 days
prior to the expiration date thereof, or in the event such
contract contains no expiration date, 60 days prior to the time
it is proposed to make such termination or modification;
    (2) offers to meet and confer with the other party for the
purpose of negotiating a new contract or a contract containing
the proposed modifications;
    (3) notifies the Board within 30 days after such notice of
the existence of a dispute, provided no agreement has been
reached by that time; and
    (4) continues in full force and effect, without resorting
to strike or lockout, all the terms and conditions of the
existing contract for a period of 60 days after such notice is
given to the other party or until the expiration date of such
contract, whichever occurs later.
    The duties imposed upon employers, employees and labor
organizations by paragraphs (2), (3) and (4) shall become
inapplicable upon an intervening certification of the Board,
under which the labor organization, which is a party to the
contract, has been superseded as or ceased to be the exclusive
representative of the employees pursuant to the provisions of
subsection (a) of Section 9, and the duties so imposed shall
not be construed as requiring either party to discuss or agree
to any modification of the terms and conditions contained in a
contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened
under the provisions of the contract.
    Collective bargaining for personal care attendants and
personal assistants under the Home Services Program shall be
limited to the terms and conditions of employment under the
State's control, as defined in the this amendatory Act of the
93rd General Assembly.
    Collective bargaining for child and day care home providers
under the child care assistance program shall be limited to the
terms and conditions of employment under the State's control,
as defined in this amendatory Act of the 94th General Assembly.
(Source: P.A. 93-204, eff. 7-16-03.)
 
    Section 10. The Illinois Public Aid Code is amended by
changing Section 9A-11 as follows:
 
    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
    Sec. 9A-11. Child Care.
    (a) The General Assembly recognizes that families with
children need child care in order to work. Child care is
expensive and families with low incomes, including those who
are transitioning from welfare to work, often struggle to pay
the costs of day care. The General Assembly understands the
importance of helping low income working families become and
remain self-sufficient. The General Assembly also believes
that it is the responsibility of families to share in the costs
of child care. It is also the preference of the General
Assembly that all working poor families should be treated
equally, regardless of their welfare status.
    (b) To the extent resources permit, the Illinois Department
shall provide child care services to parents or other relatives
as defined by rule who are working or participating in
employment or Department approved education or training
programs. At a minimum, the Illinois Department shall cover the
following categories of families:
        (1) recipients of TANF under Article IV participating
    in work and training activities as specified in the
    personal plan for employment and self-sufficiency;
        (2) families transitioning from TANF to work;
        (3) families at risk of becoming recipients of TANF;
        (4) families with special needs as defined by rule; and
        (5) working families with very low incomes as defined
    by rule.
    The Department shall specify by rule the conditions of
eligibility, the application process, and the types, amounts,
and duration of services. Eligibility for child care benefits
and the amount of child care provided may vary based on family
size, income, and other factors as specified by rule.
    In determining income eligibility for child care benefits,
the Department annually, at the beginning of each fiscal year,
shall establish, by rule, one income threshold for each family
size, in relation to percentage of State median income for a
family of that size, that makes families with incomes below the
specified threshold eligible for assistance and families with
incomes above the specified threshold ineligible for
assistance. The specified threshold must be no less than 50% of
the then-current State median income for each family size.
    In determining eligibility for assistance, the Department
shall not give preference to any category of recipients or give
preference to individuals based on their receipt of benefits
under this Code.
    The Department shall allocate $7,500,000 annually for a
test program for families who are income-eligible for child
care assistance, who are not recipients of TANF under Article
IV, and who need child care assistance to participate in
education and training activities. The Department shall
specify by rule the conditions of eligibility for this test
program.
    Nothing in this Section shall be construed as conferring
entitlement status to eligible families.
    The Illinois Department is authorized to lower income
eligibility ceilings, raise parent co-payments, create waiting
lists, or take such other actions during a fiscal year as are
necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child
care benefits. These changes may be accomplished by emergency
rule under Section 5-45 of the Illinois Administrative
Procedure Act, except that the limitation on the number of
emergency rules that may be adopted in a 24-month period shall
not apply.
    The Illinois Department may contract with other State
agencies or child care organizations for the administration of
child care services.
    (c) Payment shall be made for child care that otherwise
meets the requirements of this Section and applicable standards
of State and local law and regulation, including any
requirements the Illinois Department promulgates by rule in
addition to the licensure requirements promulgated by the
Department of Children and Family Services and Fire Prevention
and Safety requirements promulgated by the Office of the State
Fire Marshal and is provided in any of the following:
        (1) a child care center which is licensed or exempt
    from licensure pursuant to Section 2.09 of the Child Care
    Act of 1969;
        (2) a licensed child care home or home exempt from
    licensing;
        (3) a licensed group child care home;
        (4) other types of child care, including child care
    provided by relatives or persons living in the same home as
    the child, as determined by the Illinois Department by
    rule.
    (b-5) Solely for the purposes of coverage under the
Illinois Public Labor Relations Act, child and day care home
providers, including licensed and license exempt,
participating in the Department's child care assistance
program shall be considered to be public employees and the
State of Illinois shall be considered to be their employer as
of the effective date of this amendatory Act of the 94th
General Assembly, but not before. The State shall engage in
collective bargaining with an exclusive representative of
child and day care home providers participating in the child
care assistance program concerning their terms and conditions
of employment that are within the State's control. Nothing in
this subsection shall be understood to limit the right of
families receiving services defined in this Section to select
child and day care home providers or supervise them within the
limits of this Section. The State shall not be considered to be
the employer of child and day care home providers for any
purposes not specifically provided in this amendatory Act of
the 94th General Assembly, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
    In according child and day care home providers and their
selected representative rights under the Illinois Public Labor
Relations Act, the State intends that the State action
exemption to application of federal and State antitrust laws be
fully available to the extent that their activities are
authorized by this amendatory Act of the 94th General Assembly.
    (d) The Illinois Department shall, by rule, require
co-payments for child care services by any parent, including
parents whose only income is from assistance under this Code.
The co-payment shall be assessed based on a sliding scale based
on family income, family size, and the number of children in
care. Co-payments shall not be increased due solely to a change
in the methodology for counting family income.
    (e) The Illinois Department shall conduct a market rate
survey based on the cost of care and other relevant factors
which shall be completed by July 1, 1998.
    (f) The Illinois Department shall, by rule, set rates to be
paid for the various types of child care. Child care may be
provided through one of the following methods:
        (1) arranging the child care through eligible
    providers by use of purchase of service contracts or
    vouchers;
        (2) arranging with other agencies and community
    volunteer groups for non-reimbursed child care;
        (3) (blank); or
        (4) adopting such other arrangements as the Department
    determines appropriate.
    (f-5) The Illinois Department, in consultation with its
Child Care and Development Advisory Council, shall develop a
comprehensive plan to revise the State's rates for the various
types of child care. The plan shall be completed no later than
January 1, 2005 and shall include:
            (1) Base reimbursement rates that are adequate to
        provide children receiving child care services from
        the Department equal access to quality child care,
        utilizing data from the most current market rate
        survey.
            (2) A tiered reimbursement rate system that
        financially rewards providers of child care services
        that meet defined benchmarks of higher-quality care.
            (3) Consideration of revisions to existing county
        groupings and age classifications, utilizing data from
        the most current market rate survey.
            (4) Consideration of special rates for certain
        types of care such as caring for a child with a
        disability.
    (g) Families eligible for assistance under this Section
shall be given the following options:
        (1) receiving a child care certificate issued by the
    Department or a subcontractor of the Department that may be
    used by the parents as payment for child care and
    development services only; or
        (2) if space is available, enrolling the child with a
    child care provider that has a purchase of service contract
    with the Department or a subcontractor of the Department
    for the provision of child care and development services.
    The Department may identify particular priority
    populations for whom they may request special
    consideration by a provider with purchase of service
    contracts, provided that the providers shall be permitted
    to maintain a balance of clients in terms of household
    incomes and families and children with special needs, as
    defined by rule.
(Source: P.A. 93-361, eff. 9-1-03; 93-1062, eff. 12-23-04.)