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90_HB3649
New Act
Creates the Human Services Delivery Act. Provides that
no grantee or contractor shall be awarded a grant or a
contract for providing residential or day treatment services
for the mentally ill or developmentally disabled unless the
grantee or contractor has certified that it has not been
found to have committed 3 or more unfair labor practices
during a 24-month period in the 3 years preceding the
effective date of the grant or contract. Provides that
contracts or grants shall be suspended or terminated if
certain events occur. Provides that contractors or grantees
who violate the Act shall be debarred from seeking or
obtaining a new contract or grant for one year. Provides for
the conduct of proceedings to suspend or terminate a contract
or grant. Effective immediately.
LRB9010246MWpc
LRB9010246MWpc
1 AN ACT to create the Human Services Delivery Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Human Services Delivery Act.
6 Section 5. Legislative findings and declaration of
7 policy.
8 (a) The purpose of this Act is to set forth a program to
9 better provide human services to needy citizens of the State
10 of Illinois. The State of Illinois contracts with or
11 provides grants to private entities for the purpose of
12 providing residential and day treatment services to the
13 mentally ill and developmentally disabled. The State of
14 Illinois enters into these contracts and provides these
15 grants in order to best provide the human services necessary
16 for the care and development of its neediest citizens.
17 (b) The legislature finds that the needs of its mentally
18 ill and developmentally disabled citizens cannot be met if
19 the services provided to them through contracts or grants
20 between the State of Illinois and private providers are
21 subject to disruption. The legislature further finds that
22 the services are most likely to be disrupted if the private
23 providers of the services have illegally interfered with the
24 rights of the private providers' employees under federal law.
25 Private providers or employers found guilty of violating the
26 National Labor Relations Act are most likely to be subject to
27 strikes and other work stoppages by their employees, which
28 strikes or work stoppages have a detrimental effect on the
29 services being provided to Illinois citizens who are mentally
30 ill or developmentally disabled.
31 (c) It is hereby declared to be the policy of the State
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1 of Illinois that in order to prevent the disruption of
2 residential and day treatment services to the mentally ill
3 and developmentally disabled citizens, the State of Illinois
4 shall not contract with or provide grants to private
5 providers to provide these services if the private provider
6 has been found to have violated the National Labor Relations
7 Act by committing 3 or more unfair labor practices in any
8 24-month period in the 3 years preceding the effective date
9 or renewal date of the contract, agreement, or grant.
10 Section 10. Definitions. As used in this Act, unless
11 the context otherwise requires:
12 "Contractor or grantee" means an entity other than the
13 State of Illinois, a department of the State of Illinois, or
14 political subdivision of the State of Illinois that has a
15 contractual or other relationship with the State of Illinois
16 or a department of the State of Illinois to provide
17 residential or day treatment services to the mentally ill or
18 developmentally disabled, which contract is funded in whole
19 or in part by the State of Illinois or through the Medicaid
20 Program of the State of Illinois.
21 "National Labor Relations Act" means the federal statute,
22 found at 29 U.S.C. Section 101, and following, as amended.
23 "Violation of the National Labor Relations Act" means a
24 decision by the National Labor Relations Board that the
25 National Labor Relations Act has been violated.
26 Section 20. Certification. No grantee or contractor shall
27 receive a grant or be considered for the purposes of being
28 awarded a contract for providing residential or day treatment
29 services for the mentally ill or developmentally disabled
30 unless that grantee or contractor has certified to the State
31 of Illinois or to the granting or contracting agency that it
32 has not been found to have committed 3 or more unfair labor
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1 practices during a 24-month period in the 3 years preceding
2 the effective date of the contract or grant.
3 Section 25. Suspension or termination of the contract or
4 grant. Each contract or grant awarded by the State of
5 Illinois shall be subject to suspension of payments or
6 termination or both if it is determined that:
7 (1) The contractor or grantee has made a false
8 certification under Section 20 of this Act; or
9 (2) The contractor or grantee, after the effective
10 date of the contract or grant, is found to have committed
11 3 or more unfair labor practices during a 24-month period
12 under the National Labor Relations Act.
13 Section 30. Debarment. Any contractor or grantee who
14 files a false certification under Section 20 or whose
15 contract or grant is suspended or terminated under Section 25
16 shall be debarred from seeking or obtaining a new contract or
17 grant covered under this Act for a period of one year from
18 the date that the contract or grant was terminated or
19 suspended.
20 Section 35. Suspension, termination, or debarment
21 proceedings; remediation.
22 (a) In any determination proceeding for suspension of
23 payment, termination, or debarment under this Act, the only
24 question shall be whether the contractor or grantee has
25 violated the National Labor Relations Act as defined by this
26 Act.
27 (b) All proceedings for suspension of payment,
28 termination, or debarment under this Act shall be conducted
29 in accordance with the Illinois Administrative Procedure Act.
30 (c) Upon notice to the Department of Human Services from
31 a labor organization that a complaint has been issued by the
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1 National Labor Relations Board against a contractor or
2 grantee, the Department shall at the request of the labor
3 organization convene a remediation session between the labor
4 organization and the contractor or grantee. The Department
5 shall establish rules concerning the conduct of the sessions.
6 (d) As minor violations of a technical nature are not
7 likely to result in interference with employees' rights
8 sufficient to cause significant disruption in the provision
9 of essential services, nothing herein shall preclude the
10 Department from making a finding that the violations were of
11 a technical nature with only de minimus impact on the rights
12 guaranteed under the National Labor Relations Act.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.