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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 003 ] |
91_HB1959enr HB1959 Enrolled LRB9104081WHpr 1 AN ACT regarding certain contracts for the delivery of 2 human services. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Human Services Delivery Neutrality Agreement Act. 7 Section 5. Legislative findings and declaration of 8 policy. 9 (a) The purpose of this Act is to set forth a program 10 to better provide human services to needy citizens of the 11 State of Illinois. The State of Illinois enters into 12 reimbursement agreements with, contracts with, and provides 13 grants to private entities (contractors and grantees) for the 14 purpose of providing residential and day treatment services 15 to the mentally ill and developmentally disabled. The State 16 of Illinois enters into these contracts and provides these 17 grants to best provide the human services necessary for the 18 care and development of its neediest citizens. 19 (b) The General Assembly finds that the needs of its 20 mentally ill and developmentally disabled citizens cannot be 21 met if the services provided to them through reimbursement 22 agreements, contracts, or grant agreements between the State 23 of Illinois and contractors and grantees are subject to 24 disruption. The General Assembly further finds that the 25 likelihood of service disruption is enhanced when contention 26 arises between contractors and grantees and labor 27 organizations seeking to represent the employees of those 28 entities. The General Assembly finds that contractors and 29 grantees that seek to influence their employees with respect 30 to the decision of those employees to be or not to be 31 represented by a labor organization, that is contractors and HB1959 Enrolled -2- LRB9104081WHpr 1 grantees who fail to remain neutral during periods when labor 2 organizations are seeking to become the representative of 3 their employees, are most likely to be subject to strikes, 4 work stoppages, or work disruptions by their employees. 5 These strikes, work stoppages, or work disruptions have a 6 detrimental effect on the services being provided to Illinois 7 citizens who are mentally ill or developmentally disabled. 8 (c) It is hereby declared to be the policy of the State 9 of Illinois that, to prevent the disruption of residential 10 and day treatment services to its mentally ill and 11 developmentally disabled citizens, the State of Illinois 12 shall require as a condition of any contract or grant that 13 the contractor or grantee remain neutral, as set forth in 14 this Act, when a labor organization seeks to become the 15 representative of their employees with respect to the 16 decision of those employees to be represented or not to be 17 represented by the labor organization. 18 Section 10. Definitions. As used in this Act: 19 "Contractor or grantee" means an individual or entity 20 other than the State of Illinois, a State agency, or a 21 political subdivision of the State of Illinois, which has a 22 reimbursement agreement or contractual or other relationship 23 with or has received moneys from the State of Illinois or a 24 State agency to provide residential or day treatment services 25 to mentally ill or developmentally disabled persons, which 26 reimbursement agreement, contract, or grant is funded in 27 whole or in part by the State of Illinois, or through the 28 Medicaid program of the State of Illinois. "Contractor" 29 includes a subcontractor and a contractor of a grantee and 30 any other entity controlled in whole or in part by the 31 contractor, or an entity in which the contractor has a 32 substantial beneficial interest. "Grantee" includes a 33 sub-grantee and a grantee of a contractor and any other HB1959 Enrolled -3- LRB9104081WHpr 1 entity controlled in whole or in part by the grantee, or an 2 entity in which the grantee has a substantial beneficial 3 interest. 4 "Employee" means a person employed by a contractor or 5 grantee other than a person employed in a bona fide 6 supervisory or managerial position as defined by applicable 7 law. 8 "Labor organization" means an organization of any kind in 9 which employees participate and which exists for the purpose, 10 in whole or in part, of representing employees concerning 11 grievances, labor disputes, wages, rates of pay, benefits, 12 hours of employment, or working conditions. 13 "Neutrality agreement" means an agreement by a contractor 14 or a grantee which includes all of the following provisions: 15 (i) not to use State funds to promote, assist, or 16 deter union organizing or to otherwise seek to influence 17 the decision of any of its employees to be represented or 18 not represented by a labor organization; and 19 (ii) not to require or prohibit the attendance of 20 employees at any meeting related to union representation; 21 and 22 (iii) not to schedule or hold meetings related to 23 union representation during an employee's work time or in 24 work areas; and 25 (iv) to allow a labor organization the same 26 opportunity to communicate with employees as is used by 27 the contractor or the grantee, including the right to 28 have access to the premises of the contractor or grantee, 29 post notices, distribute literature, and use the premises 30 of the employer to hold meetings with employees. 31 "State funds" means any money or other thing of value 32 provided by the State of Illinois, a State agency, or a 33 political subdivision of the State of Illinois. HB1959 Enrolled -4- LRB9104081WHpr 1 Section 15. Policy requirements. 2 (a) All contractors and grantees shall be subject to and 3 shall abide by a neutrality agreement. 4 (b) No contractor or grantee shall receive a contract or 5 grant to provide residential or day treatment services for 6 the mentally ill or developmentally disabled citizens of the 7 State of Illinois unless the contractor or grantee has agreed 8 to a neutrality agreement. 9 (c) Any reimbursement agreement, contract, or grant 10 entered into by and between a contractor or a grantee and the 11 State of Illinois or a State agency to provide residential or 12 day treatment services to the mentally ill or developmentally 13 disabled shall include a neutrality agreement and an 14 agreement by the contractor or grantee to comply with the 15 terms of the neutrality agreement. 16 (d) Any grant agreement entered into by and between a 17 grantee and the State of Illinois or a State agency to 18 provide residential or day treatment services to the mentally 19 ill or developmentally disabled shall include a neutrality 20 agreement and an agreement by the grantee to comply with the 21 terms of the neutrality agreement. 22 (e) Any contractor or grantee entering into a contract 23 with any person or entity to provide any of the services 24 subject to the contract or grant agreement between the 25 contractor or grantee and the State of Illinois or a State 26 agency shall include in the contract or grant agreement a 27 neutrality agreement identical to the neutrality agreement in 28 the contract or grant agreement between the contractor or 29 grantee and the State of Illinois or State agency. 30 Section 20. Reporting. Any labor organization may file 31 a complaint with the Department of Human Services if it 32 believes that a contractor or grantee is expending funds in 33 violation of this Act. Upon the filing of such a complaint, HB1959 Enrolled -5- LRB9104081WHpr 1 the Department of Human Services shall, within one week, 2 notify the contractor or grantee that it must provide the 3 following accounting: 4 (a) the date, the amount of, and the nature of any use 5 of money or other things of value for the production or 6 distribution of literature or other similar communications, 7 the holding of meetings, including meetings with supervisors 8 and managerial employees, and the use of consultants or 9 lawyers; 10 (b) the source of the money or other things of value so 11 used. 12 The accounting shall be made to the Department of Human 13 Services within 14 calendar days of the receipt of the 14 request for it. The accounting shall be made available to 15 the complainant upon receipt by the Department of Human 16 Services. 17 Section 25. Enforcement. 18 (a) If a contractor or grantee breaches a neutrality 19 agreement or fails to comply with the reporting requirements 20 of Section 20, the State of Illinois may take any action 21 necessary to enforce compliance, including but not limited to 22 a civil action for injunctive relief, declaratory relief, 23 specific performance, or damages or a combination of those 24 remedies. 25 (b) If the State of Illinois brings an enforcement 26 action for violation of this Act, any person or labor 27 organization with a direct interest in compliance with this 28 Act may join in that enforcement action as a real party in 29 interest. 30 (c) If the State of Illinois declines to institute an 31 action for enforcement for violation of this Act, any person 32 or labor organization with a direct interest in compliance 33 with this Act may institute and enforce a civil action on his HB1959 Enrolled -6- LRB9104081WHpr 1 or her or its own behalf against the contractor or grantee 2 and seek injunctive relief, declaratory relief, specific 3 performance, or damages or a combination of those remedies. 4 (d) Remedies for violation of this Act include but are 5 not limited to injunctive and declaratory relief, specific 6 performance, and monetary damages. In view of the difficulty 7 of determining actual damages incurred because of a violation 8 of this Act, liquidated damages shall be awarded at the rate 9 of $1,000 for each violation plus an additional $500 for each 10 day the violation continues without remedy. Damages shall be 11 distributed equally between the State of Illinois and the 12 private plaintiffs, if any. 13 Section 90. Severability. The provisions of this Act are 14 severable under Section 1.31 of the Statute on Statutes. 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.