Sen. Mattie Hunter

Filed: 4/18/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4177

2    AMENDMENT NO. ______. Amend House Bill 4177 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3 and 7 and adding Section 28 as
6follows:
 
7    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
8    Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Board" means the Illinois Labor Relations Board or,
11with respect to a matter over which the jurisdiction of the
12Board is assigned to the State Panel or the Local Panel under
13Section 5, the panel having jurisdiction over the matter.
14    (b) "Collective bargaining" means bargaining over terms
15and conditions of employment, including hours, wages, and other
16conditions of employment, as detailed in Section 7 and which

 

 

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1are not excluded by Section 4.
2    (c) "Confidential employee" means an employee who, in the
3regular course of his or her duties, assists and acts in a
4confidential capacity to persons who formulate, determine, and
5effectuate management policies with regard to labor relations
6or who, in the regular course of his or her duties, has
7authorized access to information relating to the effectuation
8or review of the employer's collective bargaining policies.
9    (d) "Craft employees" means skilled journeymen, crafts
10persons, and their apprentices and helpers.
11    (e) "Essential services employees" means those public
12employees performing functions so essential that the
13interruption or termination of the function will constitute a
14clear and present danger to the health and safety of the
15persons in the affected community.
16    (f) "Exclusive representative", except with respect to
17non-State fire fighters and paramedics employed by fire
18departments and fire protection districts, non-State peace
19officers, and peace officers in the Department of State Police,
20means the labor organization that has been (i) designated by
21the Board as the representative of a majority of public
22employees in an appropriate bargaining unit in accordance with
23the procedures contained in this Act, (ii) historically
24recognized by the State of Illinois or any political
25subdivision of the State before July 1, 1984 (the effective
26date of this Act) as the exclusive representative of the

 

 

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1employees in an appropriate bargaining unit, (iii) after July
21, 1984 (the effective date of this Act) recognized by an
3employer upon evidence, acceptable to the Board, that the labor
4organization has been designated as the exclusive
5representative by a majority of the employees in an appropriate
6bargaining unit; (iv) recognized as the exclusive
7representative of personal care attendants or personal
8assistants under Executive Order 2003-8 prior to the effective
9date of this amendatory Act of the 93rd General Assembly, and
10the organization shall be considered to be the exclusive
11representative of the personal care attendants or personal
12assistants as defined in this Section; or (v) recognized as the
13exclusive representative of child and day care home providers,
14including licensed and license exempt providers, pursuant to an
15election held under Executive Order 2005-1 prior to the
16effective date of this amendatory Act of the 94th General
17Assembly, and the organization shall be considered to be the
18exclusive representative of the child and day care home
19providers as defined in this Section.
20    With respect to non-State fire fighters and paramedics
21employed by fire departments and fire protection districts,
22non-State peace officers, and peace officers in the Department
23of State Police, "exclusive representative" means the labor
24organization that has been (i) designated by the Board as the
25representative of a majority of peace officers or fire fighters
26in an appropriate bargaining unit in accordance with the

 

 

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1procedures contained in this Act, (ii) historically recognized
2by the State of Illinois or any political subdivision of the
3State before January 1, 1986 (the effective date of this
4amendatory Act of 1985) as the exclusive representative by a
5majority of the peace officers or fire fighters in an
6appropriate bargaining unit, or (iii) after January 1, 1986
7(the effective date of this amendatory Act of 1985) recognized
8by an employer upon evidence, acceptable to the Board, that the
9labor organization has been designated as the exclusive
10representative by a majority of the peace officers or fire
11fighters in an appropriate bargaining unit.
12    Where a historical pattern of representation exists for the
13workers of a water system that was owned by a public utility,
14as defined in Section 3-105 of the Public Utilities Act, prior
15to becoming certified employees of a municipality or
16municipalities once the municipality or municipalities have
17acquired the water system as authorized in Section 11-124-5 of
18the Illinois Municipal Code, the Board shall find the labor
19organization that has historically represented the workers to
20be the exclusive representative under this Act, and shall find
21the unit represented by the exclusive representative to be the
22appropriate unit.
23    (g) "Fair share agreement" means an agreement between the
24employer and an employee organization under which all or any of
25the employees in a collective bargaining unit are required to
26pay their proportionate share of the costs of the collective

 

 

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1bargaining process, contract administration, and pursuing
2matters affecting wages, hours, and other conditions of
3employment, but not to exceed the amount of dues uniformly
4required of members. The amount certified by the exclusive
5representative shall not include any fees for contributions
6related to the election or support of any candidate for
7political office. Nothing in this subsection (g) shall preclude
8an employee from making voluntary political contributions in
9conjunction with his or her fair share payment.
10    (g-1) "Fire fighter" means, for the purposes of this Act
11only, any person who has been or is hereafter appointed to a
12fire department or fire protection district or employed by a
13state university and sworn or commissioned to perform fire
14fighter duties or paramedic duties, except that the following
15persons are not included: part-time fire fighters, auxiliary,
16reserve or voluntary fire fighters, including paid on-call fire
17fighters, clerks and dispatchers or other civilian employees of
18a fire department or fire protection district who are not
19routinely expected to perform fire fighter duties, or elected
20officials.
21    (g-2) "General Assembly of the State of Illinois" means the
22legislative branch of the government of the State of Illinois,
23as provided for under Article IV of the Constitution of the
24State of Illinois, and includes but is not limited to the House
25of Representatives, the Senate, the Speaker of the House of
26Representatives, the Minority Leader of the House of

 

 

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1Representatives, the President of the Senate, the Minority
2Leader of the Senate, the Joint Committee on Legislative
3Support Services and any legislative support services agency
4listed in the Legislative Commission Reorganization Act of
51984.
6    (h) "Governing body" means, in the case of the State, the
7State Panel of the Illinois Labor Relations Board, the Director
8of the Department of Central Management Services, and the
9Director of the Department of Labor; the county board in the
10case of a county; the corporate authorities in the case of a
11municipality; and the appropriate body authorized to provide
12for expenditures of its funds in the case of any other unit of
13government.
14    (i) "Labor organization" means any organization in which
15public employees participate and that exists for the purpose,
16in whole or in part, of dealing with a public employer
17concerning wages, hours, and other terms and conditions of
18employment, including the settlement of grievances.
19    (j) "Managerial employee" means an individual who is
20engaged predominantly in executive and management functions
21and is charged with the responsibility of directing the
22effectuation of management policies and practices.
23    (k) "Peace officer" means, for the purposes of this Act
24only, any persons who have been or are hereafter appointed to a
25police force, department, or agency and sworn or commissioned
26to perform police duties, except that the following persons are

 

 

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1not included: part-time police officers, special police
2officers, auxiliary police as defined by Section 3.1-30-20 of
3the Illinois Municipal Code, night watchmen, "merchant
4police", court security officers as defined by Section 3-6012.1
5of the Counties Code, temporary employees, traffic guards or
6wardens, civilian parking meter and parking facilities
7personnel or other individuals specially appointed to aid or
8direct traffic at or near schools or public functions or to aid
9in civil defense or disaster, parking enforcement employees who
10are not commissioned as peace officers and who are not armed
11and who are not routinely expected to effect arrests, parking
12lot attendants, clerks and dispatchers or other civilian
13employees of a police department who are not routinely expected
14to effect arrests, or elected officials.
15    (l) "Person" includes one or more individuals, labor
16organizations, public employees, associations, corporations,
17legal representatives, trustees, trustees in bankruptcy,
18receivers, or the State of Illinois or any political
19subdivision of the State or governing body, but does not
20include the General Assembly of the State of Illinois or any
21individual employed by the General Assembly of the State of
22Illinois.
23    (m) "Professional employee" means any employee engaged in
24work predominantly intellectual and varied in character rather
25than routine mental, manual, mechanical or physical work;
26involving the consistent exercise of discretion and adjustment

 

 

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1in its performance; of such a character that the output
2produced or the result accomplished cannot be standardized in
3relation to a given period of time; and requiring advanced
4knowledge in a field of science or learning customarily
5acquired by a prolonged course of specialized intellectual
6instruction and study in an institution of higher learning or a
7hospital, as distinguished from a general academic education or
8from apprenticeship or from training in the performance of
9routine mental, manual, or physical processes; or any employee
10who has completed the courses of specialized intellectual
11instruction and study prescribed in this subsection (m) and is
12performing related work under the supervision of a professional
13person to qualify to become a professional employee as defined
14in this subsection (m).
15    (n) "Public employee" or "employee", for the purposes of
16this Act, means any individual employed by a public employer,
17including (i) interns and residents at public hospitals, (ii)
18as of the effective date of this amendatory Act of the 93rd
19General Assembly, but not before, personal care attendants and
20personal assistants working under the Home Services Program
21under Section 3 of the Disabled Persons Rehabilitation Act,
22subject to the limitations set forth in this Act and in the
23Disabled Persons Rehabilitation Act, and (iii) as of the
24effective date of this amendatory Act of the 94th General
25Assembly, but not before, child and day care home providers
26participating in the child care assistance program under

 

 

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1Section 9A-11 of the Illinois Public Aid Code, subject to the
2limitations set forth in this Act and in Section 9A-11 of the
3Illinois Public Aid Code, and (iv) as of the effective date of
4this amendatory Act of the 97th General Assembly, but not
5before except as otherwise provided in this subsection (n),
6home care and home health workers who function as personal care
7attendants, personal assistants, and individual maintenance
8home health workers and who also work under the Home Services
9Program under Section 3 of the Disabled Persons Rehabilitation
10Act, no matter whether the State provides those services
11through direct fee-for-service arrangements, with the
12assistance of a managed care organization or other
13intermediary, or otherwise, but excluding all of the following:
14employees of the General Assembly of the State of Illinois;
15elected officials; executive heads of a department; members of
16boards or commissions; the Executive Inspectors General; any
17special Executive Inspectors General; employees of each Office
18of an Executive Inspector General; commissioners and employees
19of the Executive Ethics Commission; the Auditor General's
20Inspector General; employees of the Office of the Auditor
21General's Inspector General; the Legislative Inspector
22General; any special Legislative Inspectors General; employees
23of the Office of the Legislative Inspector General;
24commissioners and employees of the Legislative Ethics
25Commission; employees of any agency, board or commission
26created by this Act; employees appointed to State positions of

 

 

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1a temporary or emergency nature; all employees of school
2districts and higher education institutions except
3firefighters and peace officers employed by a state university
4and except peace officers employed by a school district in its
5own police department in existence on the effective date of
6this amendatory Act of the 96th General Assembly; managerial
7employees; short-term employees; confidential employees;
8independent contractors; and supervisors except as provided in
9this Act.
10    Home care and home health workers who function as personal
11Personal care attendants, and personal assistants, and
12individual maintenance home health workers and who also work
13under the Home Services Program under Section 3 of the Disabled
14Persons Rehabilitation Act shall not be considered public
15employees for any purposes not specifically provided for in
16Public Act 93-204 or this amendatory Act of the 97th General
17Assembly the amendatory Act of the 93rd General Assembly,
18including but not limited to, purposes of vicarious liability
19in tort and purposes of statutory retirement or health
20insurance benefits. Home care and home health workers who
21function as personal Personal care attendants, and personal
22assistants, and individual maintenance home health workers and
23who also work under the Home Services Program under Section 3
24of the Disabled Persons Rehabilitation Act shall not be covered
25by the State Employees Group Insurance Act of 1971 (5 ILCS
26375/).

 

 

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1    Child and day care home providers shall not be considered
2public employees for any purposes not specifically provided for
3in this amendatory Act of the 94th General Assembly, including
4but not limited to, purposes of vicarious liability in tort and
5purposes of statutory retirement or health insurance benefits.
6Child and day care home providers shall not be covered by the
7State Employees Group Insurance Act of 1971.
8    Notwithstanding Section 9, subsection (c), or any other
9provisions of this Act, all peace officers above the rank of
10captain in municipalities with more than 1,000,000 inhabitants
11shall be excluded from this Act.
12    (o) Except as otherwise in subsection (o-5), "public
13employer" or "employer" means the State of Illinois; any
14political subdivision of the State, unit of local government or
15school district; authorities including departments, divisions,
16bureaus, boards, commissions, or other agencies of the
17foregoing entities; and any person acting within the scope of
18his or her authority, express or implied, on behalf of those
19entities in dealing with its employees. As of the effective
20date of the amendatory Act of the 93rd General Assembly, but
21not before, the State of Illinois shall be considered the
22employer of the personal care attendants and personal
23assistants working under the Home Services Program under
24Section 3 of the Disabled Persons Rehabilitation Act, subject
25to the limitations set forth in this Act and in the Disabled
26Persons Rehabilitation Act. As of the effective date of this

 

 

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1amendatory Act of the 97th General Assembly, but not before
2except as otherwise provided in this subsection (o), the State
3shall be considered the employer of home care and home health
4workers who function as personal care attendants, personal
5assistants, and individual maintenance home health workers and
6who also work under the Home Services Program under Section 3
7of the Disabled Persons Rehabilitation Act, no matter whether
8the State provides those services through direct
9fee-for-service arrangements, with the assistance of a managed
10care organization or other intermediary, or otherwise, but
11subject to the limitations set forth in this Act and the
12Disabled Persons Rehabilitation Act. The State shall not be
13considered to be the employer of home care and home health
14workers who function as personal care attendants, and personal
15assistants, and individual maintenance home health workers and
16who also work under the Home Services Program under Section 3
17of the Disabled Persons Rehabilitation Act, for any purposes
18not specifically provided for in Public Act 93-204 or this
19amendatory Act of the 97th General Assembly this amendatory Act
20of the 93rd General Assembly, including but not limited to,
21purposes of vicarious liability in tort and purposes of
22statutory retirement or health insurance benefits. Home care
23and home health workers who function as personal Personal care
24attendants, and personal assistants, and individual
25maintenance home health workers and who also work under the
26Home Services Program under Section 3 of the Disabled Persons

 

 

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1Rehabilitation Act shall not be covered by the State Employees
2Group Insurance Act of 1971 (5 ILCS 375/). As of the effective
3date of this amendatory Act of the 94th General Assembly but
4not before, the State of Illinois shall be considered the
5employer of the day and child care home providers participating
6in the child care assistance program under Section 9A-11 of the
7Illinois Public Aid Code, subject to the limitations set forth
8in this Act and in Section 9A-11 of the Illinois Public Aid
9Code. The State shall not be considered to be the employer of
10child and day care home providers for any purposes not
11specifically provided for in this amendatory Act of the 94th
12General Assembly, including but not limited to, purposes of
13vicarious liability in tort and purposes of statutory
14retirement or health insurance benefits. Child and day care
15home providers shall not be covered by the State Employees
16Group Insurance Act of 1971.
17    "Public employer" or "employer" as used in this Act,
18however, does not mean and shall not include the General
19Assembly of the State of Illinois, the Executive Ethics
20Commission, the Offices of the Executive Inspectors General,
21the Legislative Ethics Commission, the Office of the
22Legislative Inspector General, the Office of the Auditor
23General's Inspector General, and educational employers or
24employers as defined in the Illinois Educational Labor
25Relations Act, except with respect to a state university in its
26employment of firefighters and peace officers and except with

 

 

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1respect to a school district in the employment of peace
2officers in its own police department in existence on the
3effective date of this amendatory Act of the 96th General
4Assembly. County boards and county sheriffs shall be designated
5as joint or co-employers of county peace officers appointed
6under the authority of a county sheriff. Nothing in this
7subsection (o) shall be construed to prevent the State Panel or
8the Local Panel from determining that employers are joint or
9co-employers.
10    (o-5) With respect to wages, fringe benefits, hours,
11holidays, vacations, proficiency examinations, sick leave, and
12other conditions of employment, the public employer of public
13employees who are court reporters, as defined in the Court
14Reporters Act, shall be determined as follows:
15        (1) For court reporters employed by the Cook County
16    Judicial Circuit, the chief judge of the Cook County
17    Circuit Court is the public employer and employer
18    representative.
19        (2) For court reporters employed by the 12th, 18th,
20    19th, and, on and after December 4, 2006, the 22nd judicial
21    circuits, a group consisting of the chief judges of those
22    circuits, acting jointly by majority vote, is the public
23    employer and employer representative.
24        (3) For court reporters employed by all other judicial
25    circuits, a group consisting of the chief judges of those
26    circuits, acting jointly by majority vote, is the public

 

 

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1    employer and employer representative.
2    (p) "Security employee" means an employee who is
3responsible for the supervision and control of inmates at
4correctional facilities. The term also includes other
5non-security employees in bargaining units having the majority
6of employees being responsible for the supervision and control
7of inmates at correctional facilities.
8    (q) "Short-term employee" means an employee who is employed
9for less than 2 consecutive calendar quarters during a calendar
10year and who does not have a reasonable assurance that he or
11she will be rehired by the same employer for the same service
12in a subsequent calendar year.
13    (r) "Supervisor" is an employee whose principal work is
14substantially different from that of his or her subordinates
15and who has authority, in the interest of the employer, to
16hire, transfer, suspend, lay off, recall, promote, discharge,
17direct, reward, or discipline employees, to adjust their
18grievances, or to effectively recommend any of those actions,
19if the exercise of that authority is not of a merely routine or
20clerical nature, but requires the consistent use of independent
21judgment. Except with respect to police employment, the term
22"supervisor" includes only those individuals who devote a
23preponderance of their employment time to exercising that
24authority, State supervisors notwithstanding. In addition, in
25determining supervisory status in police employment, rank
26shall not be determinative. The Board shall consider, as

 

 

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1evidence of bargaining unit inclusion or exclusion, the common
2law enforcement policies and relationships between police
3officer ranks and certification under applicable civil service
4law, ordinances, personnel codes, or Division 2.1 of Article 10
5of the Illinois Municipal Code, but these factors shall not be
6the sole or predominant factors considered by the Board in
7determining police supervisory status.
8    Notwithstanding the provisions of the preceding paragraph,
9in determining supervisory status in fire fighter employment,
10no fire fighter shall be excluded as a supervisor who has
11established representation rights under Section 9 of this Act.
12Further, in new fire fighter units, employees shall consist of
13fire fighters of the rank of company officer and below. If a
14company officer otherwise qualifies as a supervisor under the
15preceding paragraph, however, he or she shall not be included
16in the fire fighter unit. If there is no rank between that of
17chief and the highest company officer, the employer may
18designate a position on each shift as a Shift Commander, and
19the persons occupying those positions shall be supervisors. All
20other ranks above that of company officer shall be supervisors.
21    (s)(1) "Unit" means a class of jobs or positions that are
22held by employees whose collective interests may suitably be
23represented by a labor organization for collective bargaining.
24Except with respect to non-State fire fighters and paramedics
25employed by fire departments and fire protection districts,
26non-State peace officers, and peace officers in the Department

 

 

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1of State Police, a bargaining unit determined by the Board
2shall not include both employees and supervisors, or
3supervisors only, except as provided in paragraph (2) of this
4subsection (s) and except for bargaining units in existence on
5July 1, 1984 (the effective date of this Act). With respect to
6non-State fire fighters and paramedics employed by fire
7departments and fire protection districts, non-State peace
8officers, and peace officers in the Department of State Police,
9a bargaining unit determined by the Board shall not include
10both supervisors and nonsupervisors, or supervisors only,
11except as provided in paragraph (2) of this subsection (s) and
12except for bargaining units in existence on January 1, 1986
13(the effective date of this amendatory Act of 1985). A
14bargaining unit determined by the Board to contain peace
15officers shall contain no employees other than peace officers
16unless otherwise agreed to by the employer and the labor
17organization or labor organizations involved. Notwithstanding
18any other provision of this Act, a bargaining unit, including a
19historical bargaining unit, containing sworn peace officers of
20the Department of Natural Resources (formerly designated the
21Department of Conservation) shall contain no employees other
22than such sworn peace officers upon the effective date of this
23amendatory Act of 1990 or upon the expiration date of any
24collective bargaining agreement in effect upon the effective
25date of this amendatory Act of 1990 covering both such sworn
26peace officers and other employees.

 

 

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1    (2) Notwithstanding the exclusion of supervisors from
2bargaining units as provided in paragraph (1) of this
3subsection (s), a public employer may agree to permit its
4supervisory employees to form bargaining units and may bargain
5with those units. This Act shall apply if the public employer
6chooses to bargain under this subsection.
7    (3) Public employees who are court reporters, as defined in
8the Court Reporters Act, shall be divided into 3 units for
9collective bargaining purposes. One unit shall be court
10reporters employed by the Cook County Judicial Circuit; one
11unit shall be court reporters employed by the 12th, 18th, 19th,
12and, on and after December 4, 2006, the 22nd judicial circuits;
13and one unit shall be court reporters employed by all other
14judicial circuits.
15(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11.)
 
16    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
17    Sec. 7. Duty to bargain. A public employer and the
18exclusive representative have the authority and the duty to
19bargain collectively set forth in this Section.
20    For the purposes of this Act, "to bargain collectively"
21means the performance of the mutual obligation of the public
22employer or his designated representative and the
23representative of the public employees to meet at reasonable
24times, including meetings in advance of the budget-making
25process, and to negotiate in good faith with respect to wages,

 

 

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1hours, and other conditions of employment, not excluded by
2Section 4 of this Act, or the negotiation of an agreement, or
3any question arising thereunder and the execution of a written
4contract incorporating any agreement reached if requested by
5either party, but such obligation does not compel either party
6to agree to a proposal or require the making of a concession.
7    The duty "to bargain collectively" shall also include an
8obligation to negotiate over any matter with respect to wages,
9hours and other conditions of employment, not specifically
10provided for in any other law or not specifically in violation
11of the provisions of any law. If any other law pertains, in
12part, to a matter affecting the wages, hours and other
13conditions of employment, such other law shall not be construed
14as limiting the duty "to bargain collectively" and to enter
15into collective bargaining agreements containing clauses which
16either supplement, implement, or relate to the effect of such
17provisions in other laws.
18    The duty "to bargain collectively" shall also include
19negotiations as to the terms of a collective bargaining
20agreement. The parties may, by mutual agreement, provide for
21arbitration of impasses resulting from their inability to agree
22upon wages, hours and terms and conditions of employment to be
23included in a collective bargaining agreement. Such
24arbitration provisions shall be subject to the Illinois
25"Uniform Arbitration Act" unless agreed by the parties.
26    The duty "to bargain collectively" shall also mean that no

 

 

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1party to a collective bargaining contract shall terminate or
2modify such contract, unless the party desiring such
3termination or modification:
4        (1) serves a written notice upon the other party to the
5    contract of the proposed termination or modification 60
6    days prior to the expiration date thereof, or in the event
7    such contract contains no expiration date, 60 days prior to
8    the time it is proposed to make such termination or
9    modification;
10        (2) offers to meet and confer with the other party for
11    the purpose of negotiating a new contract or a contract
12    containing the proposed modifications;
13        (3) notifies the Board within 30 days after such notice
14    of the existence of a dispute, provided no agreement has
15    been reached by that time; and
16        (4) continues in full force and effect, without
17    resorting to strike or lockout, all the terms and
18    conditions of the existing contract for a period of 60 days
19    after such notice is given to the other party or until the
20    expiration date of such contract, whichever occurs later.
21    The duties imposed upon employers, employees and labor
22organizations by paragraphs (2), (3) and (4) shall become
23inapplicable upon an intervening certification of the Board,
24under which the labor organization, which is a party to the
25contract, has been superseded as or ceased to be the exclusive
26representative of the employees pursuant to the provisions of

 

 

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1subsection (a) of Section 9, and the duties so imposed shall
2not be construed as requiring either party to discuss or agree
3to any modification of the terms and conditions contained in a
4contract for a fixed period, if such modification is to become
5effective before such terms and conditions can be reopened
6under the provisions of the contract.
7    Collective bargaining for home care and home health workers
8who function as personal care attendants, and personal
9assistants, and individual maintenance home health workers
10under the Home Services Program shall be limited to the terms
11and conditions of employment under the State's control, as
12defined in Public Act 93-204 or this amendatory Act of the 97th
13General Assembly, as applicable the amendatory Act of the 93rd
14General Assembly.
15    Collective bargaining for child and day care home providers
16under the child care assistance program shall be limited to the
17terms and conditions of employment under the State's control,
18as defined in this amendatory Act of the 94th General Assembly.
19    Notwithstanding any other provision of this Section,
20whenever collective bargaining is for the purpose of
21establishing an initial agreement following original
22certification of units with fewer than 35 employees, with
23respect to public employees other than peace officers, fire
24fighters, and security employees, the following apply:
25        (1) Not later than 10 days after receiving a written
26    request for collective bargaining from a labor

 

 

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1    organization that has been newly certified as a
2    representative as defined in Section 6(c), or within such
3    further period as the parties agree upon, the parties shall
4    meet and commence to bargain collectively and shall make
5    every reasonable effort to conclude and sign a collective
6    bargaining agreement.
7        (2) If anytime after the expiration of the 90-day
8    period beginning on the date on which bargaining is
9    commenced the parties have failed to reach an agreement,
10    either party may notify the Illinois Public Labor Relations
11    Board of the existence of a dispute and request mediation
12    in accordance with the provisions of Section 14 of this
13    Act.
14        (3) If after the expiration of the 30-day period
15    beginning on the date on which mediation commenced, or such
16    additional period as the parties may agree upon, the
17    mediator is not able to bring the parties to agreement by
18    conciliation, either the exclusive representative of the
19    employees or the employer may request of the other, in
20    writing, arbitration and shall submit a copy of the request
21    to the board. Upon submission of the request for
22    arbitration, the parties shall be required to participate
23    in the impasse arbitration procedures set forth in Section
24    14 of this Act, except the right to strike shall not be
25    considered waived pursuant to Section 17 of this Act, until
26    the actual convening of the arbitration hearing.

 

 

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1(Source: P.A. 96-598, eff. 1-1-10.)
 
2    (5 ILCS 315/28 new)
3    Sec. 28. Applicability of changes made by amendatory Act of
4the 97th General Assembly. Nothing in this amendatory Act of
5the 97th General Assembly applies to workers or consumers in
6the Home Based Support Services Program in the Department of
7Human Services Division of Developmental Disabilities.
 
8    Section 10. The Disabled Persons Rehabilitation Act is
9amended by changing Section 3 as follows:
 
10    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
11    Sec. 3. Powers and duties. The Department shall have the
12powers and duties enumerated herein:
13    (a) To co-operate with the federal government in the
14administration of the provisions of the federal Rehabilitation
15Act of 1973, as amended, of the Workforce Investment Act of
161998, and of the federal Social Security Act to the extent and
17in the manner provided in these Acts.
18    (b) To prescribe and supervise such courses of vocational
19training and provide such other services as may be necessary
20for the habilitation and rehabilitation of persons with one or
21more disabilities, including the administrative activities
22under subsection (e) of this Section, and to co-operate with
23State and local school authorities and other recognized

 

 

09700HB4177sam001- 24 -LRB097 15168 JDS 68522 a

1agencies engaged in habilitation, rehabilitation and
2comprehensive rehabilitation services; and to cooperate with
3the Department of Children and Family Services regarding the
4care and education of children with one or more disabilities.
5    (c) (Blank).
6    (d) To report in writing, to the Governor, annually on or
7before the first day of December, and at such other times and
8in such manner and upon such subjects as the Governor may
9require. The annual report shall contain (1) a statement of the
10existing condition of comprehensive rehabilitation services,
11habilitation and rehabilitation in the State; (2) a statement
12of suggestions and recommendations with reference to the
13development of comprehensive rehabilitation services,
14habilitation and rehabilitation in the State; and (3) an
15itemized statement of the amounts of money received from
16federal, State and other sources, and of the objects and
17purposes to which the respective items of these several amounts
18have been devoted.
19    (e) (Blank).
20    (f) To establish a program of services to prevent
21unnecessary institutionalization of persons with Alzheimer's
22disease and related disorders or persons in need of long term
23care who are established as blind or disabled as defined by the
24Social Security Act, thereby enabling them to remain in their
25own homes or other living arrangements. Such preventive
26services may include, but are not limited to, any or all of the

 

 

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1following:
2        (1) home health services;
3        (2) home nursing services;
4        (3) homemaker services;
5        (4) chore and housekeeping services;
6        (5) day care services;
7        (6) home-delivered meals;
8        (7) education in self-care;
9        (8) personal care services;
10        (9) adult day health services;
11        (10) habilitation services;
12        (11) respite care; or
13        (12) other nonmedical social services that may enable
14    the person to become self-supporting.
15    The Department shall establish eligibility standards for
16such services taking into consideration the unique economic and
17social needs of the population for whom they are to be
18provided. Such eligibility standards may be based on the
19recipient's ability to pay for services; provided, however,
20that any portion of a person's income that is equal to or less
21than the "protected income" level shall not be considered by
22the Department in determining eligibility. The "protected
23income" level shall be determined by the Department, shall
24never be less than the federal poverty standard, and shall be
25adjusted each year to reflect changes in the Consumer Price
26Index For All Urban Consumers as determined by the United

 

 

09700HB4177sam001- 26 -LRB097 15168 JDS 68522 a

1States Department of Labor. The standards must provide that a
2person may have not more than $10,000 in assets to be eligible
3for the services, and the Department may increase the asset
4limitation by rule. Additionally, in determining the amount and
5nature of services for which a person may qualify,
6consideration shall not be given to the value of cash, property
7or other assets held in the name of the person's spouse
8pursuant to a written agreement dividing marital property into
9equal but separate shares or pursuant to a transfer of the
10person's interest in a home to his spouse, provided that the
11spouse's share of the marital property is not made available to
12the person seeking such services.
13    The services shall be provided to eligible persons to
14prevent unnecessary or premature institutionalization, to the
15extent that the cost of the services, together with the other
16personal maintenance expenses of the persons, are reasonably
17related to the standards established for care in a group
18facility appropriate to their condition. These
19non-institutional services, pilot projects or experimental
20facilities may be provided as part of or in addition to those
21authorized by federal law or those funded and administered by
22the Illinois Department on Aging.
23    Personal care attendants shall be paid:
24        (i) A $5 per hour minimum rate beginning July 1, 1995.
25        (ii) A $5.30 per hour minimum rate beginning July 1,
26    1997.

 

 

09700HB4177sam001- 27 -LRB097 15168 JDS 68522 a

1        (iii) A $5.40 per hour minimum rate beginning July 1,
2    1998.
3    Solely for the purposes of coverage under the Illinois
4Public Labor Relations Act (5 ILCS 315/), personal care
5attendants and personal assistants providing services under
6the Department's Home Services Program shall be considered to
7be public employees, and the State of Illinois shall be
8considered to be their employer as of the effective date of
9this amendatory Act of the 93rd General Assembly, but not
10before. Solely for the purposes of coverage under the Illinois
11Public Labor Relations Act, home care and home health workers
12who function as personal care attendants, personal assistants,
13and individual maintenance home health workers and who also
14provide services under the Department's Home Services Program
15shall be considered to be public employees, no matter whether
16the State provides such services through direct
17fee-for-service arrangements, with the assistance of a managed
18care organization or other intermediary, or otherwise, and the
19State of Illinois shall be considered to be the employer of
20those persons as of the effective date of this amendatory Act
21of the 97th General Assembly, but not before except as
22otherwise provided under this subsection (f). The State shall
23engage in collective bargaining with an exclusive
24representative of home care and home health workers who
25function as personal care attendants, and personal assistants,
26and individual maintenance home health workers working under

 

 

09700HB4177sam001- 28 -LRB097 15168 JDS 68522 a

1the Home Services Program concerning their terms and conditions
2of employment that are within the State's control. Nothing in
3this paragraph shall be understood to limit the right of the
4persons receiving services defined in this Section to hire and
5fire home care and home health workers who function as personal
6care attendants, and personal assistants, and individual
7maintenance home health workers working under the Home Services
8Program or to supervise them within the limitations set by the
9Home Services Program. The State shall not be considered to be
10the employer of home care and home health workers who function
11as personal care attendants, and personal assistants, and
12individual maintenance home health workers working under the
13Home Services Program for any purposes not specifically
14provided in Public Act 93-204 or this amendatory Act of the
1597th General Assembly this amendatory Act of the 93rd General
16Assembly, including but not limited to, purposes of vicarious
17liability in tort and purposes of statutory retirement or
18health insurance benefits. Home care and home health workers
19who function as personal Personal care attendants, and personal
20assistants, and individual maintenance home health workers and
21who also provide services under the Department's Home Services
22Program shall not be covered by the State Employees Group
23Insurance Act of 1971 (5 ILCS 375/).
24    The Department shall execute, relative to the nursing home
25prescreening project, as authorized by Section 4.03 of the
26Illinois Act on the Aging, written inter-agency agreements with

 

 

09700HB4177sam001- 29 -LRB097 15168 JDS 68522 a

1the Department on Aging and the Department of Public Aid (now
2Department of Healthcare and Family Services), to effect the
3following: (i) intake procedures and common eligibility
4criteria for those persons who are receiving non-institutional
5services; and (ii) the establishment and development of
6non-institutional services in areas of the State where they are
7not currently available or are undeveloped. On and after July
81, 1996, all nursing home prescreenings for individuals 18
9through 59 years of age shall be conducted by the Department.
10    The Department is authorized to establish a system of
11recipient cost-sharing for services provided under this
12Section. The cost-sharing shall be based upon the recipient's
13ability to pay for services, but in no case shall the
14recipient's share exceed the actual cost of the services
15provided. Protected income shall not be considered by the
16Department in its determination of the recipient's ability to
17pay a share of the cost of services. The level of cost-sharing
18shall be adjusted each year to reflect changes in the
19"protected income" level. The Department shall deduct from the
20recipient's share of the cost of services any money expended by
21the recipient for disability-related expenses.
22    The Department, or the Department's authorized
23representative, shall recover the amount of moneys expended for
24services provided to or in behalf of a person under this
25Section by a claim against the person's estate or against the
26estate of the person's surviving spouse, but no recovery may be

 

 

09700HB4177sam001- 30 -LRB097 15168 JDS 68522 a

1had until after the death of the surviving spouse, if any, and
2then only at such time when there is no surviving child who is
3under age 21, blind, or permanently and totally disabled. This
4paragraph, however, shall not bar recovery, at the death of the
5person, of moneys for services provided to the person or in
6behalf of the person under this Section to which the person was
7not entitled; provided that such recovery shall not be enforced
8against any real estate while it is occupied as a homestead by
9the surviving spouse or other dependent, if no claims by other
10creditors have been filed against the estate, or, if such
11claims have been filed, they remain dormant for failure of
12prosecution or failure of the claimant to compel administration
13of the estate for the purpose of payment. This paragraph shall
14not bar recovery from the estate of a spouse, under Sections
151915 and 1924 of the Social Security Act and Section 5-4 of the
16Illinois Public Aid Code, who precedes a person receiving
17services under this Section in death. All moneys for services
18paid to or in behalf of the person under this Section shall be
19claimed for recovery from the deceased spouse's estate.
20"Homestead", as used in this paragraph, means the dwelling
21house and contiguous real estate occupied by a surviving spouse
22or relative, as defined by the rules and regulations of the
23Department of Healthcare and Family Services, regardless of the
24value of the property.
25    The Department and the Department on Aging shall cooperate
26in the development and submission of an annual report on

 

 

09700HB4177sam001- 31 -LRB097 15168 JDS 68522 a

1programs and services provided under this Section. Such joint
2report shall be filed with the Governor and the General
3Assembly on or before March 30 each year.
4    The requirement for reporting to the General Assembly shall
5be satisfied by filing copies of the report with the Speaker,
6the Minority Leader and the Clerk of the House of
7Representatives and the President, the Minority Leader and the
8Secretary of the Senate and the Legislative Research Unit, as
9required by Section 3.1 of the General Assembly Organization
10Act, and filing additional copies with the State Government
11Report Distribution Center for the General Assembly as required
12under paragraph (t) of Section 7 of the State Library Act.
13    (g) To establish such subdivisions of the Department as
14shall be desirable and assign to the various subdivisions the
15responsibilities and duties placed upon the Department by law.
16    (h) To cooperate and enter into any necessary agreements
17with the Department of Employment Security for the provision of
18job placement and job referral services to clients of the
19Department, including job service registration of such clients
20with Illinois Employment Security offices and making job
21listings maintained by the Department of Employment Security
22available to such clients.
23    (i) To possess all powers reasonable and necessary for the
24exercise and administration of the powers, duties and
25responsibilities of the Department which are provided for by
26law.

 

 

09700HB4177sam001- 32 -LRB097 15168 JDS 68522 a

1    (j) To establish a procedure whereby new providers of
2personal care attendant services shall submit vouchers to the
3State for payment two times during their first month of
4employment and one time per month thereafter. In no case shall
5the Department pay personal care attendants an hourly wage that
6is less than the federal minimum wage.
7    (k) To provide adequate notice to providers of chore and
8housekeeping services informing them that they are entitled to
9an interest payment on bills which are not promptly paid
10pursuant to Section 3 of the State Prompt Payment Act.
11    (l) To establish, operate and maintain a Statewide Housing
12Clearinghouse of information on available, government
13subsidized housing accessible to disabled persons and
14available privately owned housing accessible to disabled
15persons. The information shall include but not be limited to
16the location, rental requirements, access features and
17proximity to public transportation of available housing. The
18Clearinghouse shall consist of at least a computerized database
19for the storage and retrieval of information and a separate or
20shared toll free telephone number for use by those seeking
21information from the Clearinghouse. Department offices and
22personnel throughout the State shall also assist in the
23operation of the Statewide Housing Clearinghouse. Cooperation
24with local, State and federal housing managers shall be sought
25and extended in order to frequently and promptly update the
26Clearinghouse's information.

 

 

09700HB4177sam001- 33 -LRB097 15168 JDS 68522 a

1    (m) To assure that the names and case records of persons
2who received or are receiving services from the Department,
3including persons receiving vocational rehabilitation, home
4services, or other services, and those attending one of the
5Department's schools or other supervised facility shall be
6confidential and not be open to the general public. Those case
7records and reports or the information contained in those
8records and reports shall be disclosed by the Director only to
9proper law enforcement officials, individuals authorized by a
10court, the General Assembly or any committee or commission of
11the General Assembly, and other persons and for reasons as the
12Director designates by rule. Disclosure by the Director may be
13only in accordance with other applicable law.
14(Source: P.A. 94-252, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".