Public Act 098-1004
 
HB5935 EnrolledLRB098 17728 KTG 54974 b

    AN ACT concerning State 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; (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.
    Where a historical pattern of representation exists for the
workers of a water system that was owned by a public utility,
as defined in Section 3-105 of the Public Utilities Act, prior
to becoming certified employees of a municipality or
municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of
the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to
be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the
appropriate 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.
    (i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the Secretary
of State, the Comptroller, or the Treasurer, as the case may
be, and whose job duties require the person to regularly
communicate in the course of his or her employment with any
official or staff of the General Assembly of the State of
Illinois for the purpose of influencing any legislative action.
    (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. With
respect only to State employees in positions under the
jurisdiction of the Attorney General, Secretary of State,
Comptroller, or Treasurer (i) that were certified in a
bargaining unit on or after December 2, 2008, (ii) for which a
petition is filed with the Illinois Public Labor Relations
Board on or after April 5, 2013 (the effective date of Public
Act 97-1172), or (iii) for which a petition is pending before
the Illinois Public Labor Relations Board on that date,
"managerial employee" means an individual who is engaged in
executive and management functions or who is charged with the
effectuation of management policies and practices or who
represents management interests by taking or recommending
discretionary actions that effectively control or implement
policy. Nothing in this definition prohibits an individual from
also meeting the definition of "supervisor" under subsection
(r) of this Section.
    (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, (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, (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, (iv) as of January 29, 2013 (the effective date of Public
Act 97-1158), but not before except as otherwise provided in
this subsection (n), home care and home health workers who
function as personal care attendants, personal assistants, and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the Disabled
Persons Rehabilitation Act, no matter whether the State
provides those services through direct fee-for-service
arrangements, with the assistance of a managed care
organization or other intermediary, or otherwise, (v)
beginning on the effective date of this amendatory Act of the
98th General Assembly and notwithstanding any other provision
of this Act, any person employed by a public employer and who
is classified as or who holds the employment title of Chief
Stationary Engineer, Assistant Chief Stationary Engineer,
Sewage Plant Operator, Water Plant Operator, Stationary
Engineer, Plant Operating Engineer, and any other employee who
holds the position of: Civil Engineer V, Civil Engineer VI,
Civil Engineer VII, Technical Manager I, Technical Manager II,
Technical Manager III, Technical Manager IV, Technical Manager
V, Technical Manager VI, Realty Specialist III, Realty
Specialist IV, Realty Specialist V, Technical Advisor I,
Technical Advisor II, Technical Advisor III, Technical Advisor
IV, or Technical Advisor V employed by the Department of
Transportation who is in a position which is certified in a
bargaining unit on or before the effective date of this
amendatory Act of the 98th General Assembly, and (vi) beginning
on the effective date of this amendatory Act of the 98th
General Assembly and notwithstanding any other provision of
this Act, any mental health administrator in the Department of
Corrections who is classified as or who holds the position of
Public Service Administrator (Option 8K), any employee of the
Office of the Inspector General in the Department of Human
Services who is classified as or who holds the position of
Public Service Administrator (Option 7), any Deputy of
Intelligence in the Department of Corrections who is classified
as or who holds the position of Public Service Administrator
(Option 7), and any employee of the Department of State Police
who handles issues concerning the Illinois State Police Sex
Offender Registry and who is classified as or holds the
position of Public Service Administrator (Option 7), 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
and except peace officers employed by a school district in its
own police department in existence on the effective date of
this amendatory Act of the 96th General Assembly; managerial
employees; short-term employees; legislative liaisons; a
person who is a State employee under the jurisdiction of the
Office of the Attorney General who is licensed to practice law
or whose position authorizes, either directly or indirectly,
meaningful input into government decision-making on issues
where there is room for principled disagreement on goals or
their implementation; a person who is a State employee under
the jurisdiction of the Office of the Comptroller who holds the
position of Public Service Administrator or whose position is
otherwise exempt under the Comptroller Merit Employment Code; a
person who is a State employee under the jurisdiction of the
Secretary of State who holds the position classification of
Executive I or higher, whose position authorizes, either
directly or indirectly, meaningful input into government
decision-making on issues where there is room for principled
disagreement on goals or their implementation, or who is
otherwise exempt under the Secretary of State Merit Employment
Code; employees in the Office of the Secretary of State who are
completely exempt from jurisdiction B of the Secretary of State
Merit Employment Code and who are in Rutan-exempt positions on
or after April 5, 2013 (the effective date of Public Act
97-1172); a person who is a State employee under the
jurisdiction of the Treasurer who holds a position that is
exempt from the State Treasurer Employment Code; any employee
of a State agency who (i) holds the title or position of, or
exercises substantially similar duties as a legislative
liaison, Agency General Counsel, Agency Chief of Staff, Agency
Executive Director, Agency Deputy Director, Agency Chief
Fiscal Officer, Agency Human Resources Director, Public
Information Officer, or Chief Information Officer and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any employee
of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
    Home care and home health workers who function as personal
care attendants, personal assistants, and individual
maintenance home health workers and who also work under the
Home Services Program under Section 3 of the Disabled Persons
Rehabilitation Act shall not be considered public employees for
any purposes not specifically provided for in Public Act 93-204
or Public Act 97-1158, including but not limited to, purposes
of vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Home care and home
health workers who function as personal care attendants,
personal assistants, and individual maintenance home health
workers and who also work under the Home Services Program under
Section 3 of the Disabled Persons Rehabilitation Act 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) Except as otherwise in subsection (o-5), "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 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. As of January 29, 2013 (the
effective date of Public Act 97-1158), but not before except as
otherwise provided in this subsection (o), the State shall be
considered the employer of home care and home health workers
who function as personal care attendants, personal assistants,
and individual maintenance home health workers and who also
work under the Home Services Program under Section 3 of the
Disabled Persons Rehabilitation Act, no matter whether the
State provides those services through direct fee-for-service
arrangements, with the assistance of a managed care
organization or other intermediary, or otherwise, but subject
to the limitations set forth in this Act and the Disabled
Persons Rehabilitation Act. The State shall not be considered
to be the employer of home care and home health workers who
function as personal care attendants, personal assistants, and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the Disabled
Persons Rehabilitation Act, for any purposes not specifically
provided for in Public Act 93-204 or Public Act 97-1158,
including but not limited to, purposes of vicarious liability
in tort and purposes of statutory retirement or health
insurance benefits. Home care and home health workers who
function as personal care attendants, personal assistants, and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the Disabled
Persons Rehabilitation Act 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, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, 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 and except with
respect to a school district in the employment of peace
officers in its own police department in existence on the
effective date of this amendatory Act of the 96th General
Assembly. 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.
    (o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
        (1) For court reporters employed by the Cook County
    Judicial Circuit, the chief judge of the Cook County
    Circuit Court is the public employer and employer
    representative.
        (2) For court reporters employed by the 12th, 18th,
    19th, and, on and after December 4, 2006, the 22nd judicial
    circuits, a group consisting of the chief judges of those
    circuits, acting jointly by majority vote, is the public
    employer and employer representative.
        (3) For court reporters employed by all other judicial
    circuits, a group consisting of the chief judges of those
    circuits, acting jointly by majority vote, is the public
    employer and employer representative.
    (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.
    (q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Department of State Police Merit
Board.
    (r) "Supervisor" is:
        (1) 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. Nothing in this
    definition prohibits an individual from also meeting the
    definition of "managerial employee" under subsection (j)
    of this Section. 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.
        (2) With respect only to State employees in positions
    under the jurisdiction of the Attorney General, Secretary
    of State, Comptroller, or Treasurer (i) that were certified
    in a bargaining unit on or after December 2, 2008, (ii) for
    which a petition is filed with the Illinois Public Labor
    Relations Board on or after April 5, 2013 (the effective
    date of Public Act 97-1172), or (iii) for which a petition
    is pending before the Illinois Public Labor Relations Board
    on that date, an employee who qualifies as a supervisor
    under (A) Section 152 of the National Labor Relations Act
    and (B) orders of the National Labor Relations Board
    interpreting that provision or decisions of courts
    reviewing decisions of the National Labor Relations Board.
    (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.
    (3) Public employees who are court reporters, as defined in
the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th, 19th,
and, on and after December 4, 2006, the 22nd judicial circuits;
and one unit shall be court reporters employed by all other
judicial circuits.
    (t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13;
97-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
 
    (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 home care and home health workers
who function as personal care attendants, personal assistants,
and individual maintenance home health workers under the Home
Services Program shall be limited to the terms and conditions
of employment under the State's control, as defined in Public
Act 93-204 or this amendatory Act of the 97th General Assembly,
as applicable.
    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.
    Notwithstanding any other provision of this Section,
whenever collective bargaining is for the purpose of
establishing an initial agreement following original
certification of units with fewer than 35 employees, with
respect to public employees other than peace officers, fire
fighters, and security employees, the following apply:
        (1) Not later than 10 days after receiving a written
    request for collective bargaining from a labor
    organization that has been newly certified as a
    representative as defined in Section 6(c), or within such
    further period as the parties agree upon, the parties shall
    meet and commence to bargain collectively and shall make
    every reasonable effort to conclude and sign a collective
    bargaining agreement.
        (2) If anytime after the expiration of the 90-day
    period beginning on the date on which bargaining is
    commenced the parties have failed to reach an agreement,
    either party may notify the Illinois Public Labor Relations
    Board of the existence of a dispute and request mediation
    in accordance with the provisions of Section 14 of this
    Act.
        (3) If after the expiration of the 30-day period
    beginning on the date on which mediation commenced, or such
    additional period as the parties may agree upon, the
    mediator is not able to bring the parties to agreement by
    conciliation, either the exclusive representative of the
    employees or the employer may request of the other, in
    writing, arbitration and shall submit a copy of the request
    to the board. Upon submission of the request for
    arbitration, the parties shall be required to participate
    in the impasse arbitration procedures set forth in Section
    14 of this Act, except the right to strike shall not be
    considered waived pursuant to Section 17 of this Act, until
    the actual convening of the arbitration hearing.
(Source: P.A. 96-598, eff. 1-1-10; 97-1158, eff. 1-29-13.)
 
    Section 10. The Disabled Persons Rehabilitation Act is
amended by changing Section 3 and by adding Section 5b as
follows:
 
    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
    (Text of Section from P.A. 97-732)
    Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
    (a) To co-operate with the federal government in the
administration of the provisions of the federal Rehabilitation
Act of 1973, as amended, of the Workforce Investment Act of
1998, and of the federal Social Security Act to the extent and
in the manner provided in these Acts.
    (b) To prescribe and supervise such courses of vocational
training and provide such other services as may be necessary
for the habilitation and rehabilitation of persons with one or
more disabilities, including the administrative activities
under subsection (e) of this Section, and to co-operate with
State and local school authorities and other recognized
agencies engaged in habilitation, rehabilitation and
comprehensive rehabilitation services; and to cooperate with
the Department of Children and Family Services regarding the
care and education of children with one or more disabilities.
    (c) (Blank).
    (d) To report in writing, to the Governor, annually on or
before the first day of December, and at such other times and
in such manner and upon such subjects as the Governor may
require. The annual report shall contain (1) a statement of the
existing condition of comprehensive rehabilitation services,
habilitation and rehabilitation in the State; (2) a statement
of suggestions and recommendations with reference to the
development of comprehensive rehabilitation services,
habilitation and rehabilitation in the State; and (3) an
itemized statement of the amounts of money received from
federal, State and other sources, and of the objects and
purposes to which the respective items of these several amounts
have been devoted.
    (e) (Blank).
    (f) To establish a program of services to prevent
unnecessary institutionalization of persons with Alzheimer's
disease and related disorders or persons in need of long term
care who are established as blind or disabled as defined by the
Social Security Act, thereby enabling them to remain in their
own homes or other living arrangements. Such preventive
services may include, but are not limited to, any or all of the
following:
        (1) home health services;
        (2) home nursing services;
        (3) homemaker services;
        (4) chore and housekeeping services;
        (5) day care services;
        (6) home-delivered meals;
        (7) education in self-care;
        (8) personal care services;
        (9) adult day health services;
        (10) habilitation services;
        (11) respite care; or
        (12) other nonmedical social services that may enable
    the person to become self-supporting.
    The Department shall establish eligibility standards for
such services taking into consideration the unique economic and
social needs of the population for whom they are to be
provided. Such eligibility standards may be based on the
recipient's ability to pay for services; provided, however,
that any portion of a person's income that is equal to or less
than the "protected income" level shall not be considered by
the Department in determining eligibility. The "protected
income" level shall be determined by the Department, shall
never be less than the federal poverty standard, and shall be
adjusted each year to reflect changes in the Consumer Price
Index For All Urban Consumers as determined by the United
States Department of Labor. The standards must provide that a
person may have not more than $10,000 in assets to be eligible
for the services, and the Department may increase the asset
limitation by rule. Additionally, in determining the amount and
nature of services for which a person may qualify,
consideration shall not be given to the value of cash, property
or other assets held in the name of the person's spouse
pursuant to a written agreement dividing marital property into
equal but separate shares or pursuant to a transfer of the
person's interest in a home to his spouse, provided that the
spouse's share of the marital property is not made available to
the person seeking such services.
    The services shall be provided to eligible persons to
prevent unnecessary or premature institutionalization, to the
extent that the cost of the services, together with the other
personal maintenance expenses of the persons, are reasonably
related to the standards established for care in a group
facility appropriate to their condition. These
non-institutional services, pilot projects or experimental
facilities may be provided as part of or in addition to those
authorized by federal law or those funded and administered by
the Illinois Department on Aging. The Department shall set
rates and fees for services in a fair and equitable manner.
Services identical to those offered by the Department on Aging
shall be paid at the same rate.
    Personal care attendants shall be paid:
        (i) A $5 per hour minimum rate beginning July 1, 1995.
        (ii) A $5.30 per hour minimum rate beginning July 1,
    1997.
        (iii) A $5.40 per hour minimum rate beginning July 1,
    1998.
    Solely for the purposes of coverage under the Illinois
Public Labor Relations Act (5 ILCS 315/), personal care
attendants and personal assistants providing services under
the Department's Home Services 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 93rd General Assembly, but not
before. The State shall engage in collective bargaining with an
exclusive representative of personal care attendants and
personal assistants working under the Home Services Program
concerning their terms and conditions of employment that are
within the State's control. Nothing in this paragraph shall be
understood to limit the right of the persons receiving services
defined in this Section to hire and fire personal care
attendants and personal assistants or supervise them within the
limitations set by the Home Services Program. The State shall
not be considered to be the employer of personal care
attendants and personal assistants for any purposes not
specifically provided 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/).
    The Department shall execute, relative to the nursing home
prescreening project, as authorized by Section 4.03 of the
Illinois Act on the Aging, written inter-agency agreements with
the Department on Aging and the Department of Public Aid (now
Department of Healthcare and Family Services), to effect the
following: (i) intake procedures and common eligibility
criteria for those persons who are receiving non-institutional
services; and (ii) the establishment and development of
non-institutional services in areas of the State where they are
not currently available or are undeveloped. On and after July
1, 1996, all nursing home prescreenings for individuals 18
through 59 years of age shall be conducted by the Department.
    The Department is authorized to establish a system of
recipient cost-sharing for services provided under this
Section. The cost-sharing shall be based upon the recipient's
ability to pay for services, but in no case shall the
recipient's share exceed the actual cost of the services
provided. Protected income shall not be considered by the
Department in its determination of the recipient's ability to
pay a share of the cost of services. The level of cost-sharing
shall be adjusted each year to reflect changes in the
"protected income" level. The Department shall deduct from the
recipient's share of the cost of services any money expended by
the recipient for disability-related expenses.
    The Department, or the Department's authorized
representative, shall recover the amount of moneys expended for
services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may be
had until after the death of the surviving spouse, if any, and
then only at such time when there is no surviving child who is
under age 21, blind, or permanently and totally disabled. This
paragraph, however, shall not bar recovery, at the death of the
person, of moneys for services provided to the person or in
behalf of the person under this Section to which the person was
not entitled; provided that such recovery shall not be enforced
against any real estate while it is occupied as a homestead by
the surviving spouse or other dependent, if no claims by other
creditors have been filed against the estate, or, if such
claims have been filed, they remain dormant for failure of
prosecution or failure of the claimant to compel administration
of the estate for the purpose of payment. This paragraph shall
not bar recovery from the estate of a spouse, under Sections
1915 and 1924 of the Social Security Act and Section 5-4 of the
Illinois Public Aid Code, who precedes a person receiving
services under this Section in death. All moneys for services
paid to or in behalf of the person under this Section shall be
claimed for recovery from the deceased spouse's estate.
"Homestead", as used in this paragraph, means the dwelling
house and contiguous real estate occupied by a surviving spouse
or relative, as defined by the rules and regulations of the
Department of Healthcare and Family Services, regardless of the
value of the property.
    The Department and the Department on Aging shall cooperate
in the development and submission of an annual report on
programs and services provided under this Section. Such joint
report shall be filed with the Governor and the General
Assembly on or before March 30 each year.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing additional copies with the State Government
Report Distribution Center for the General Assembly as required
under paragraph (t) of Section 7 of the State Library Act.
    (g) To establish such subdivisions of the Department as
shall be desirable and assign to the various subdivisions the
responsibilities and duties placed upon the Department by law.
    (h) To cooperate and enter into any necessary agreements
with the Department of Employment Security for the provision of
job placement and job referral services to clients of the
Department, including job service registration of such clients
with Illinois Employment Security offices and making job
listings maintained by the Department of Employment Security
available to such clients.
    (i) To possess all powers reasonable and necessary for the
exercise and administration of the powers, duties and
responsibilities of the Department which are provided for by
law.
    (j) To establish a procedure whereby new providers of
personal care attendant services shall submit vouchers to the
State for payment two times during their first month of
employment and one time per month thereafter. In no case shall
the Department pay personal care attendants an hourly wage that
is less than the federal minimum wage.
    (k) To provide adequate notice to providers of chore and
housekeeping services informing them that they are entitled to
an interest payment on bills which are not promptly paid
pursuant to Section 3 of the State Prompt Payment Act.
    (l) To establish, operate and maintain a Statewide Housing
Clearinghouse of information on available, government
subsidized housing accessible to disabled persons and
available privately owned housing accessible to disabled
persons. The information shall include but not be limited to
the location, rental requirements, access features and
proximity to public transportation of available housing. The
Clearinghouse shall consist of at least a computerized database
for the storage and retrieval of information and a separate or
shared toll free telephone number for use by those seeking
information from the Clearinghouse. Department offices and
personnel throughout the State shall also assist in the
operation of the Statewide Housing Clearinghouse. Cooperation
with local, State and federal housing managers shall be sought
and extended in order to frequently and promptly update the
Clearinghouse's information.
    (m) To assure that the names and case records of persons
who received or are receiving services from the Department,
including persons receiving vocational rehabilitation, home
services, or other services, and those attending one of the
Department's schools or other supervised facility shall be
confidential and not be open to the general public. Those case
records and reports or the information contained in those
records and reports shall be disclosed by the Director only to
proper law enforcement officials, individuals authorized by a
court, the General Assembly or any committee or commission of
the General Assembly, and other persons and for reasons as the
Director designates by rule. Disclosure by the Director may be
only in accordance with other applicable law.
(Source: P.A. 97-732, eff. 6-30-12.)
 
    (Text of Section from P.A. 97-1019)
    Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
    (a) To co-operate with the federal government in the
administration of the provisions of the federal Rehabilitation
Act of 1973, as amended, of the Workforce Investment Act of
1998, and of the federal Social Security Act to the extent and
in the manner provided in these Acts.
    (b) To prescribe and supervise such courses of vocational
training and provide such other services as may be necessary
for the habilitation and rehabilitation of persons with one or
more disabilities, including the administrative activities
under subsection (e) of this Section, and to co-operate with
State and local school authorities and other recognized
agencies engaged in habilitation, rehabilitation and
comprehensive rehabilitation services; and to cooperate with
the Department of Children and Family Services regarding the
care and education of children with one or more disabilities.
    (c) (Blank).
    (d) To report in writing, to the Governor, annually on or
before the first day of December, and at such other times and
in such manner and upon such subjects as the Governor may
require. The annual report shall contain (1) a statement of the
existing condition of comprehensive rehabilitation services,
habilitation and rehabilitation in the State; (2) a statement
of suggestions and recommendations with reference to the
development of comprehensive rehabilitation services,
habilitation and rehabilitation in the State; and (3) an
itemized statement of the amounts of money received from
federal, State and other sources, and of the objects and
purposes to which the respective items of these several amounts
have been devoted.
    (e) (Blank).
    (f) To establish a program of services to prevent the
unnecessary institutionalization of persons in need of long
term care and who meet the criteria for blindness or disability
as defined by the Social Security Act, thereby enabling them to
remain in their own homes. Such preventive services include any
or all of the following:
        (1) personal assistant services;
        (2) homemaker services;
        (3) home-delivered meals;
        (4) adult day care services;
        (5) respite care;
        (6) home modification or assistive equipment;
        (7) home health services;
        (8) electronic home response;
        (9) brain injury behavioral/cognitive services;
        (10) brain injury habilitation;
        (11) brain injury pre-vocational services; or
        (12) brain injury supported employment.
    The Department shall establish eligibility standards for
such services taking into consideration the unique economic and
social needs of the population for whom they are to be
provided. Such eligibility standards may be based on the
recipient's ability to pay for services; provided, however,
that any portion of a person's income that is equal to or less
than the "protected income" level shall not be considered by
the Department in determining eligibility. The "protected
income" level shall be determined by the Department, shall
never be less than the federal poverty standard, and shall be
adjusted each year to reflect changes in the Consumer Price
Index For All Urban Consumers as determined by the United
States Department of Labor. The standards must provide that a
person may not have more than $10,000 in assets to be eligible
for the services, and the Department may increase or decrease
the asset limitation by rule. The Department may not decrease
the asset level below $10,000.
    The services shall be provided, as established by the
Department by rule, to eligible persons to prevent unnecessary
or premature institutionalization, to the extent that the cost
of the services, together with the other personal maintenance
expenses of the persons, are reasonably related to the
standards established for care in a group facility appropriate
to their condition. These non-institutional services, pilot
projects or experimental facilities may be provided as part of
or in addition to those authorized by federal law or those
funded and administered by the Illinois Department on Aging.
The Department shall set rates and fees for services in a fair
and equitable manner. Services identical to those offered by
the Department on Aging shall be paid at the same rate.
    Personal assistants shall be paid at a rate negotiated
between the State and an exclusive representative of personal
assistants under a collective bargaining agreement. In no case
shall the Department pay personal assistants an hourly wage
that is less than the federal minimum wage.
    Solely for the purposes of coverage under the Illinois
Public Labor Relations Act (5 ILCS 315/), personal assistants
providing services under the Department's Home Services
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 93rd
General Assembly, but not before. Solely for the purposes of
coverage under the Illinois Public Labor Relations Act, home
care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also provide services under the Department's Home Services
Program shall be considered to be public employees, no matter
whether the State provides such services through direct
fee-for-service arrangements, with the assistance of a managed
care organization or other intermediary, or otherwise, and the
State of Illinois shall be considered to be the employer of
those persons as of January 29, 2013 (the effective date of
Public Act 97-1158), but not before except as otherwise
provided under this subsection (f). The State shall engage in
collective bargaining with an exclusive representative of home
care and home health workers who function as personal
assistants and individual maintenance home health workers
working under the Home Services Program concerning their terms
and conditions of employment that are within the State's
control. Nothing in this paragraph shall be understood to limit
the right of the persons receiving services defined in this
Section to hire and fire home care and home health workers who
function as personal assistants and individual maintenance
home health workers working under the Home Services Program or
to supervise them within the limitations set by the Home
Services Program. The State shall not be considered to be the
employer of home care and home health workers who function as
personal assistants and individual maintenance home health
workers working under the Home Services Program for any
purposes not specifically provided in Public Act 93-204 or
Public Act 97-1158 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. Home care and home health workers
who function as personal Personal assistants and individual
maintenance home health workers and who also provide services
under the Department's Home Services Program shall not be
covered by the State Employees Group Insurance Act of 1971 (5
ILCS 375/).
    The Department shall execute, relative to nursing home
prescreening, as authorized by Section 4.03 of the Illinois Act
on the Aging, written inter-agency agreements with the
Department on Aging and the Department of Healthcare and Family
Services, to effect the intake procedures and eligibility
criteria for those persons who may need long term care. On and
after July 1, 1996, all nursing home prescreenings for
individuals 18 through 59 years of age shall be conducted by
the Department, or a designee of the Department.
    The Department is authorized to establish a system of
recipient cost-sharing for services provided under this
Section. The cost-sharing shall be based upon the recipient's
ability to pay for services, but in no case shall the
recipient's share exceed the actual cost of the services
provided. Protected income shall not be considered by the
Department in its determination of the recipient's ability to
pay a share of the cost of services. The level of cost-sharing
shall be adjusted each year to reflect changes in the
"protected income" level. The Department shall deduct from the
recipient's share of the cost of services any money expended by
the recipient for disability-related expenses.
    To the extent permitted under the federal Social Security
Act, the Department, or the Department's authorized
representative, may recover the amount of moneys expended for
services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may be
had until after the death of the surviving spouse, if any, and
then only at such time when there is no surviving child who is
under age 21, blind, or permanently and totally disabled. This
paragraph, however, shall not bar recovery, at the death of the
person, of moneys for services provided to the person or in
behalf of the person under this Section to which the person was
not entitled; provided that such recovery shall not be enforced
against any real estate while it is occupied as a homestead by
the surviving spouse or other dependent, if no claims by other
creditors have been filed against the estate, or, if such
claims have been filed, they remain dormant for failure of
prosecution or failure of the claimant to compel administration
of the estate for the purpose of payment. This paragraph shall
not bar recovery from the estate of a spouse, under Sections
1915 and 1924 of the Social Security Act and Section 5-4 of the
Illinois Public Aid Code, who precedes a person receiving
services under this Section in death. All moneys for services
paid to or in behalf of the person under this Section shall be
claimed for recovery from the deceased spouse's estate.
"Homestead", as used in this paragraph, means the dwelling
house and contiguous real estate occupied by a surviving spouse
or relative, as defined by the rules and regulations of the
Department of Healthcare and Family Services, regardless of the
value of the property.
    The Department shall submit an annual report on programs
and services provided under this Section. The report shall be
filed with the Governor and the General Assembly on or before
March 30 each year.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing additional copies with the State Government
Report Distribution Center for the General Assembly as required
under paragraph (t) of Section 7 of the State Library Act.
    (g) To establish such subdivisions of the Department as
shall be desirable and assign to the various subdivisions the
responsibilities and duties placed upon the Department by law.
    (h) To cooperate and enter into any necessary agreements
with the Department of Employment Security for the provision of
job placement and job referral services to clients of the
Department, including job service registration of such clients
with Illinois Employment Security offices and making job
listings maintained by the Department of Employment Security
available to such clients.
    (i) To possess all powers reasonable and necessary for the
exercise and administration of the powers, duties and
responsibilities of the Department which are provided for by
law.
    (j) (Blank).
    (k) (Blank).
    (l) To establish, operate and maintain a Statewide Housing
Clearinghouse of information on available, government
subsidized housing accessible to disabled persons and
available privately owned housing accessible to disabled
persons. The information shall include but not be limited to
the location, rental requirements, access features and
proximity to public transportation of available housing. The
Clearinghouse shall consist of at least a computerized database
for the storage and retrieval of information and a separate or
shared toll free telephone number for use by those seeking
information from the Clearinghouse. Department offices and
personnel throughout the State shall also assist in the
operation of the Statewide Housing Clearinghouse. Cooperation
with local, State and federal housing managers shall be sought
and extended in order to frequently and promptly update the
Clearinghouse's information.
    (m) To assure that the names and case records of persons
who received or are receiving services from the Department,
including persons receiving vocational rehabilitation, home
services, or other services, and those attending one of the
Department's schools or other supervised facility shall be
confidential and not be open to the general public. Those case
records and reports or the information contained in those
records and reports shall be disclosed by the Director only to
proper law enforcement officials, individuals authorized by a
court, the General Assembly or any committee or commission of
the General Assembly, and other persons and for reasons as the
Director designates by rule. Disclosure by the Director may be
only in accordance with other applicable law.
(Source: P.A. 97-1019, eff. 8-17-12.)
 
    (Text of Section from P.A. 97-1158)
    Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
    (a) To co-operate with the federal government in the
administration of the provisions of the federal Rehabilitation
Act of 1973, as amended, of the Workforce Investment Act of
1998, and of the federal Social Security Act to the extent and
in the manner provided in these Acts.
    (b) To prescribe and supervise such courses of vocational
training and provide such other services as may be necessary
for the habilitation and rehabilitation of persons with one or
more disabilities, including the administrative activities
under subsection (e) of this Section, and to co-operate with
State and local school authorities and other recognized
agencies engaged in habilitation, rehabilitation and
comprehensive rehabilitation services; and to cooperate with
the Department of Children and Family Services regarding the
care and education of children with one or more disabilities.
    (c) (Blank).
    (d) To report in writing, to the Governor, annually on or
before the first day of December, and at such other times and
in such manner and upon such subjects as the Governor may
require. The annual report shall contain (1) a statement of the
existing condition of comprehensive rehabilitation services,
habilitation and rehabilitation in the State; (2) a statement
of suggestions and recommendations with reference to the
development of comprehensive rehabilitation services,
habilitation and rehabilitation in the State; and (3) an
itemized statement of the amounts of money received from
federal, State and other sources, and of the objects and
purposes to which the respective items of these several amounts
have been devoted.
    (e) (Blank).
    (f) To establish a program of services to prevent
unnecessary institutionalization of persons with Alzheimer's
disease and related disorders or persons in need of long term
care who are established as blind or disabled as defined by the
Social Security Act, thereby enabling them to remain in their
own homes or other living arrangements. Such preventive
services may include, but are not limited to, any or all of the
following:
        (1) home health services;
        (2) home nursing services;
        (3) homemaker services;
        (4) chore and housekeeping services;
        (5) day care services;
        (6) home-delivered meals;
        (7) education in self-care;
        (8) personal care services;
        (9) adult day health services;
        (10) habilitation services;
        (11) respite care; or
        (12) other nonmedical social services that may enable
    the person to become self-supporting.
    The Department shall establish eligibility standards for
such services taking into consideration the unique economic and
social needs of the population for whom they are to be
provided. Such eligibility standards may be based on the
recipient's ability to pay for services; provided, however,
that any portion of a person's income that is equal to or less
than the "protected income" level shall not be considered by
the Department in determining eligibility. The "protected
income" level shall be determined by the Department, shall
never be less than the federal poverty standard, and shall be
adjusted each year to reflect changes in the Consumer Price
Index For All Urban Consumers as determined by the United
States Department of Labor. The standards must provide that a
person may have not more than $10,000 in assets to be eligible
for the services, and the Department may increase the asset
limitation by rule. Additionally, in determining the amount and
nature of services for which a person may qualify,
consideration shall not be given to the value of cash, property
or other assets held in the name of the person's spouse
pursuant to a written agreement dividing marital property into
equal but separate shares or pursuant to a transfer of the
person's interest in a home to his spouse, provided that the
spouse's share of the marital property is not made available to
the person seeking such services.
    The services shall be provided to eligible persons to
prevent unnecessary or premature institutionalization, to the
extent that the cost of the services, together with the other
personal maintenance expenses of the persons, are reasonably
related to the standards established for care in a group
facility appropriate to their condition. These
non-institutional services, pilot projects or experimental
facilities may be provided as part of or in addition to those
authorized by federal law or those funded and administered by
the Illinois Department on Aging.
    Personal care attendants shall be paid:
        (i) A $5 per hour minimum rate beginning July 1, 1995.
        (ii) A $5.30 per hour minimum rate beginning July 1,
    1997.
        (iii) A $5.40 per hour minimum rate beginning July 1,
    1998.
    Solely for the purposes of coverage under the Illinois
Public Labor Relations Act (5 ILCS 315/), personal care
attendants and personal assistants providing services under
the Department's Home Services 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 93rd General Assembly, but not
before. Solely for the purposes of coverage under the Illinois
Public Labor Relations Act, home care and home health workers
who function as personal care attendants, personal assistants,
and individual maintenance home health workers and who also
provide services under the Department's Home Services Program
shall be considered to be public employees, no matter whether
the State provides such services through direct
fee-for-service arrangements, with the assistance of a managed
care organization or other intermediary, or otherwise, and the
State of Illinois shall be considered to be the employer of
those persons as of the effective date of this amendatory Act
of the 97th General Assembly, but not before except as
otherwise provided under this subsection (f). The State shall
engage in collective bargaining with an exclusive
representative of home care and home health workers who
function as personal care attendants, personal assistants, and
individual maintenance home health workers working under the
Home Services Program concerning their terms and conditions of
employment that are within the State's control. Nothing in this
paragraph shall be understood to limit the right of the persons
receiving services defined in this Section to hire and fire
home care and home health workers who function as personal care
attendants, personal assistants, and individual maintenance
home health workers working under the Home Services Program or
to supervise them within the limitations set by the Home
Services Program. The State shall not be considered to be the
employer of home care and home health workers who function as
personal care attendants, personal assistants, and individual
maintenance home health workers working under the Home Services
Program for any purposes not specifically provided in Public
Act 93-204 or this amendatory Act of the 97th General Assembly,
including but not limited to, purposes of vicarious liability
in tort and purposes of statutory retirement or health
insurance benefits. Home care and home health workers who
function as personal care attendants, personal assistants, and
individual maintenance home health workers and who also provide
services under the Department's Home Services Program shall not
be covered by the State Employees Group Insurance Act of 1971
(5 ILCS 375/).
    The Department shall execute, relative to the nursing home
prescreening project, as authorized by Section 4.03 of the
Illinois Act on the Aging, written inter-agency agreements with
the Department on Aging and the Department of Public Aid (now
Department of Healthcare and Family Services), to effect the
following: (i) intake procedures and common eligibility
criteria for those persons who are receiving non-institutional
services; and (ii) the establishment and development of
non-institutional services in areas of the State where they are
not currently available or are undeveloped. On and after July
1, 1996, all nursing home prescreenings for individuals 18
through 59 years of age shall be conducted by the Department.
    The Department is authorized to establish a system of
recipient cost-sharing for services provided under this
Section. The cost-sharing shall be based upon the recipient's
ability to pay for services, but in no case shall the
recipient's share exceed the actual cost of the services
provided. Protected income shall not be considered by the
Department in its determination of the recipient's ability to
pay a share of the cost of services. The level of cost-sharing
shall be adjusted each year to reflect changes in the
"protected income" level. The Department shall deduct from the
recipient's share of the cost of services any money expended by
the recipient for disability-related expenses.
    The Department, or the Department's authorized
representative, shall recover the amount of moneys expended for
services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may be
had until after the death of the surviving spouse, if any, and
then only at such time when there is no surviving child who is
under age 21, blind, or permanently and totally disabled. This
paragraph, however, shall not bar recovery, at the death of the
person, of moneys for services provided to the person or in
behalf of the person under this Section to which the person was
not entitled; provided that such recovery shall not be enforced
against any real estate while it is occupied as a homestead by
the surviving spouse or other dependent, if no claims by other
creditors have been filed against the estate, or, if such
claims have been filed, they remain dormant for failure of
prosecution or failure of the claimant to compel administration
of the estate for the purpose of payment. This paragraph shall
not bar recovery from the estate of a spouse, under Sections
1915 and 1924 of the Social Security Act and Section 5-4 of the
Illinois Public Aid Code, who precedes a person receiving
services under this Section in death. All moneys for services
paid to or in behalf of the person under this Section shall be
claimed for recovery from the deceased spouse's estate.
"Homestead", as used in this paragraph, means the dwelling
house and contiguous real estate occupied by a surviving spouse
or relative, as defined by the rules and regulations of the
Department of Healthcare and Family Services, regardless of the
value of the property.
    The Department and the Department on Aging shall cooperate
in the development and submission of an annual report on
programs and services provided under this Section. Such joint
report shall be filed with the Governor and the General
Assembly on or before March 30 each year.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing additional copies with the State Government
Report Distribution Center for the General Assembly as required
under paragraph (t) of Section 7 of the State Library Act.
    (g) To establish such subdivisions of the Department as
shall be desirable and assign to the various subdivisions the
responsibilities and duties placed upon the Department by law.
    (h) To cooperate and enter into any necessary agreements
with the Department of Employment Security for the provision of
job placement and job referral services to clients of the
Department, including job service registration of such clients
with Illinois Employment Security offices and making job
listings maintained by the Department of Employment Security
available to such clients.
    (i) To possess all powers reasonable and necessary for the
exercise and administration of the powers, duties and
responsibilities of the Department which are provided for by
law.
    (j) To establish a procedure whereby new providers of
personal care attendant services shall submit vouchers to the
State for payment two times during their first month of
employment and one time per month thereafter. In no case shall
the Department pay personal care attendants an hourly wage that
is less than the federal minimum wage.
    (k) To provide adequate notice to providers of chore and
housekeeping services informing them that they are entitled to
an interest payment on bills which are not promptly paid
pursuant to Section 3 of the State Prompt Payment Act.
    (l) To establish, operate and maintain a Statewide Housing
Clearinghouse of information on available, government
subsidized housing accessible to disabled persons and
available privately owned housing accessible to disabled
persons. The information shall include but not be limited to
the location, rental requirements, access features and
proximity to public transportation of available housing. The
Clearinghouse shall consist of at least a computerized database
for the storage and retrieval of information and a separate or
shared toll free telephone number for use by those seeking
information from the Clearinghouse. Department offices and
personnel throughout the State shall also assist in the
operation of the Statewide Housing Clearinghouse. Cooperation
with local, State and federal housing managers shall be sought
and extended in order to frequently and promptly update the
Clearinghouse's information.
    (m) To assure that the names and case records of persons
who received or are receiving services from the Department,
including persons receiving vocational rehabilitation, home
services, or other services, and those attending one of the
Department's schools or other supervised facility shall be
confidential and not be open to the general public. Those case
records and reports or the information contained in those
records and reports shall be disclosed by the Director only to
proper law enforcement officials, individuals authorized by a
court, the General Assembly or any committee or commission of
the General Assembly, and other persons and for reasons as the
Director designates by rule. Disclosure by the Director may be
only in accordance with other applicable law.
(Source: P.A. 97-1158, eff. 1-29-13.)
 
    (20 ILCS 2405/5b new)
    Sec. 5b. Home Services Medicaid Trust Fund.
    (a) The Home Services Medicaid Trust Fund is hereby created
as a special fund in the State treasury.
    (b) Amounts paid to the State during each State fiscal year
by the federal government under Title XIX or Title XXI of the
Social Security Act for services delivered in relation to the
Department's Home Services Program established pursuant to
Section 3 of the Disabled Persons Rehabilitation Act, and any
interest earned thereon, shall be deposited into the Fund.
    (c) Moneys in the Fund may be used by the Department for
the purchase of services, and operational and administrative
expenses, in relation to the Home Services Program.
 
    (20 ILCS 1705/18.7 rep.)
    Section 15. The Mental Health and Developmental
Disabilities Administrative Act is amended by repealing
Section 18.7.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.