Illinois General Assembly - Full Text of HB2221
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Full Text of HB2221  93rd General Assembly

HB2221enr 93rd General Assembly


093_HB2221enr

HB2221 Enrolled                      LRB093 06402 RCE 06524 b

 1        AN ACT concerning disabled persons.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Public Labor Relations Act is
 5    amended by changing Sections 3 and 7 as follows:

 6        (5 ILCS 315/3) (from Ch. 48, par. 1603)
 7        Sec. 3.  Definitions.  As used in this  Act,  unless  the
 8    context otherwise requires:
 9        (a)  "Board" means the Illinois Labor Relations Board or,
10    with  respect  to a matter over which the jurisdiction of the
11    Board is assigned to the State Panel or the Local Panel under
12    Section 5, the panel having jurisdiction over the matter.
13        (b)  "Collective bargaining" means bargaining over  terms
14    and  conditions  of  employment,  including hours, wages, and
15    other conditions of employment, as detailed in Section 7  and
16    which are not excluded by Section 4.
17        (c)  "Confidential  employee"  means  an employee who, in
18    the regular course of his or her duties, assists and acts  in
19    a  confidential capacity to persons who formulate, determine,
20    and effectuate  management  policies  with  regard  to  labor
21    relations or who, in the regular course of his or her duties,
22    has   authorized   access  to  information  relating  to  the
23    effectuation  or  review   of   the   employer's   collective
24    bargaining policies.
25        (d)  "Craft  employees"  means skilled journeymen, crafts
26    persons, and their apprentices and helpers.
27        (e)  "Essential services employees"  means  those  public
28    employees   performing   functions   so  essential  that  the
29    interruption or termination of the function will constitute a
30    clear and present danger to the  health  and  safety  of  the
31    persons in the affected community.
 
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 1        (f)  "Exclusive  representative",  except with respect to
 2    non-State fire  fighters  and  paramedics  employed  by  fire
 3    departments  and  fire  protection districts, non-State peace
 4    officers, and peace  officers  in  the  Department  of  State
 5    Police,  means  the  labor  organization  that  has  been (i)
 6    designated by the Board as the representative of  a  majority
 7    of  public  employees  in  an  appropriate bargaining unit in
 8    accordance with the procedures contained in  this  Act,  (ii)
 9    historically  recognized  by  the  State  of  Illinois or any
10    political subdivision of the State before July 1,  1984  (the
11    effective  date  of this Act) as the exclusive representative
12    of the employees in an appropriate bargaining unit, or  (iii)
13    after   July  1,  1984  (the  effective  date  of  this  Act)
14    recognized by an employer upon evidence,  acceptable  to  the
15    Board, that the labor organization has been designated as the
16    exclusive representative by a majority of the employees in an
17    appropriate  bargaining  unit;  or  (iv)  recognized  as  the
18    exclusive  representative  of  personal  care  attendants  or
19    personal assistants under Executive Order 2003-8 prior to the
20    effective  date  of  this  amendatory Act of the 93rd General
21    Assembly, and the organization shall be considered to be  the
22    exclusive  representative  of the personal care attendants or
23    personal assistants as defined in this Section.
24        With respect to non-State fire  fighters  and  paramedics
25    employed  by  fire departments and fire protection districts,
26    non-State  peace  officers,  and  peace   officers   in   the
27    Department  of State Police, "exclusive representative" means
28    the labor organization that has been (i)  designated  by  the
29    Board  as  the representative of a majority of peace officers
30    or  fire  fighters  in  an  appropriate  bargaining  unit  in
31    accordance with the procedures contained in  this  Act,  (ii)
32    historically  recognized  by  the  State  of  Illinois or any
33    political subdivision of the State  before  January  1,  1986
34    (the  effective  date  of this amendatory Act of 1985) as the
 
HB2221 Enrolled            -3-       LRB093 06402 RCE 06524 b
 1    exclusive representative by a majority of the peace  officers
 2    or  fire fighters in an appropriate bargaining unit, or (iii)
 3    after January 1, 1986 (the effective date of this  amendatory
 4    Act  of  1985)  recognized  by  an  employer  upon  evidence,
 5    acceptable to the Board, that the labor organization has been
 6    designated  as  the exclusive representative by a majority of
 7    the  peace  officers  or  fire  fighters  in  an  appropriate
 8    bargaining unit.
 9        (g)  "Fair share agreement" means  an  agreement  between
10    the  employer and an employee organization under which all or
11    any of the employees in  a  collective  bargaining  unit  are
12    required to pay their proportionate share of the costs of the
13    collective  bargaining  process, contract administration, and
14    pursuing matters affecting wages, hours, and other conditions
15    of employment, but not to exceed the amount of dues uniformly
16    required of members. The amount certified  by  the  exclusive
17    representative  shall  not include any fees for contributions
18    related to the election  or  support  of  any  candidate  for
19    political  office.  Nothing  in  this  subsection  (g)  shall
20    preclude   an   employee   from  making  voluntary  political
21    contributions in conjunction  with  his  or  her  fair  share
22    payment.
23        (g-1)  "Fire fighter" means, for the purposes of this Act
24    only,  any person who has been or is hereafter appointed to a
25    fire department or fire protection district or employed by  a
26    state  university  and  sworn or commissioned to perform fire
27    fighter duties or paramedic duties, except that the following
28    persons are not included: part-time fire fighters, auxiliary,
29    reserve or voluntary fire fighters,  including  paid  on-call
30    fire  fighters,  clerks  and  dispatchers  or  other civilian
31    employees of a fire department or  fire  protection  district
32    who  are  not  routinely  expected  to  perform  fire fighter
33    duties, or elected officials.
34        (g-2)  "General Assembly of the State of Illinois"  means
 
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 1    the  legislative  branch  of  the  government of the State of
 2    Illinois,  as  provided  for  under   Article   IV   of   the
 3    Constitution  of  the  State of Illinois, and includes but is
 4    not limited to the House of Representatives, the Senate,  the
 5    Speaker  of the House of Representatives, the Minority Leader
 6    of the House of Representatives, the President of the Senate,
 7    the Minority Leader of the Senate,  the  Joint  Committee  on
 8    Legislative  Support  Services  and  any  legislative support
 9    services  agency  listed  in   the   Legislative   Commission
10    Reorganization Act of 1984.
11        (h)  "Governing  body"  means,  in the case of the State,
12    the State Panel of the Illinois Labor  Relations  Board,  the
13    Director  of  the  Department of Central Management Services,
14    and the Director of the Department of Labor; the county board
15    in the case of a county; the  corporate  authorities  in  the
16    case  of  a municipality; and the appropriate body authorized
17    to provide for expenditures of its funds in the case  of  any
18    other unit of government.
19        (i)  "Labor organization" means any organization in which
20    public employees participate and that exists for the purpose,
21    in  whole  or  in  part,  of  dealing  with a public employer
22    concerning wages, hours, and other terms  and  conditions  of
23    employment, including the settlement of grievances.
24        (j)  "Managerial  employee"  means  an  individual who is
25    engaged predominantly in executive and  management  functions
26    and  is  charged  with  the  responsibility  of directing the
27    effectuation of management policies and practices.
28        (k)  "Peace officer" means, for the purposes of this  Act
29    only, any persons who have been or are hereafter appointed to
30    a   police   force,   department,  or  agency  and  sworn  or
31    commissioned  to  perform  police  duties,  except  that  the
32    following  persons  are  not   included:   part-time   police
33    officers,   special  police  officers,  auxiliary  police  as
34    defined by Section 3.1-30-20 of the Illinois Municipal  Code,
 
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 1    night watchmen, "merchant police", court security officers as
 2    defined  by  Section 3-6012.1 of the Counties Code, temporary
 3    employees, traffic guards or wardens, civilian parking  meter
 4    and   parking   facilities  personnel  or  other  individuals
 5    specially appointed to aid  or  direct  traffic  at  or  near
 6    schools  or  public  functions  or to aid in civil defense or
 7    disaster,  parking  enforcement   employees   who   are   not
 8    commissioned  as peace officers and who are not armed and who
 9    are not routinely expected to  effect  arrests,  parking  lot
10    attendants,   clerks   and   dispatchers  or  other  civilian
11    employees of  a  police  department  who  are  not  routinely
12    expected to effect arrests, or elected officials.
13        (l)  "Person"  includes  one  or  more individuals, labor
14    organizations, public employees, associations,  corporations,
15    legal  representatives,  trustees,  trustees  in  bankruptcy,
16    receivers,   or  the  State  of  Illinois  or  any  political
17    subdivision of the State or  governing  body,  but  does  not
18    include  the General Assembly of the State of Illinois or any
19    individual employed by the General Assembly of the  State  of
20    Illinois.
21        (m)  "Professional  employee"  means any employee engaged
22    in work predominantly intellectual and  varied  in  character
23    rather  than  routine  mental, manual, mechanical or physical
24    work; involving the consistent  exercise  of  discretion  and
25    adjustment  in  its performance; of such a character that the
26    output  produced  or  the  result  accomplished   cannot   be
27    standardized  in  relation  to  a  given  period of time; and
28    requiring  advanced  knowledge  in  a  field  of  science  or
29    learning  customarily  acquired  by  a  prolonged  course  of
30    specialized  intellectual  instruction  and   study   in   an
31    institution   of   higher   learning   or   a   hospital,  as
32    distinguished from  a  general  academic  education  or  from
33    apprenticeship or from training in the performance of routine
34    mental,  manual,  or  physical processes; or any employee who
 
HB2221 Enrolled            -6-       LRB093 06402 RCE 06524 b
 1    has  completed  the  courses  of   specialized   intellectual
 2    instruction  and  study prescribed in this subsection (m) and
 3    is  performing  related  work  under  the  supervision  of  a
 4    professional person  to  qualify  to  become  a  professional
 5    employee as defined in this subsection (m).
 6        (n)  "Public employee" or "employee", for the purposes of
 7    this Act, means any individual employed by a public employer,
 8    including  interns  and residents at public hospitals and, as
 9    of the effective date of this  amendatory  Act  of  the  93rd
10    General  Assembly,  but  not before, personal care attendants
11    and personal  assistants  working  under  the  Home  Services
12    Program   under   Section   3   of   the   Disabled   Persons
13    Rehabilitation  Act,  subject to the limitations set forth in
14    this Act and in the Disabled Persons Rehabilitation Act,  but
15    excluding  all  of  the  following:  employees of the General
16    Assembly  of  the  State  of  Illinois;  elected   officials;
17    executive  heads  of  a  department;  members  of  boards  or
18    commissions;  employees  of  any  agency, board or commission
19    created by this Act; employees appointed to  State  positions
20    of  a  temporary or emergency nature; all employees of school
21    districts   and   higher   education   institutions    except
22    firefighters   and   peace   officers  employed  by  a  state
23    university;  managerial  employees;   short-term   employees;
24    confidential    employees;   independent   contractors;   and
25    supervisors except as provided in this Act.
26        Personal care attendants and  personal  assistants  shall
27    not  be  considered  public  employees  for  any purposes not
28    specifically provided for in this amendatory Act of the  93rd
29    General  Assembly,  including but not limited to, purposes of
30    vicarious  liability  in  tort  and  purposes  of   statutory
31    retirement   or  health  insurance  benefits.  Personal  care
32    attendants and personal assistants shall not  be  covered  by
33    the  State  Employees  Group  Insurance  Act  of 1971 (5 ILCS
34    375/).
 
HB2221 Enrolled            -7-       LRB093 06402 RCE 06524 b
 1        Notwithstanding Section 9, subsection (c), or  any  other
 2    provisions  of this Act, all peace officers above the rank of
 3    captain  in   municipalities   with   more   than   1,000,000
 4    inhabitants shall be excluded from this Act.
 5        (o)  "Public  employer"  or "employer" means the State of
 6    Illinois; any political subdivision of  the  State,  unit  of
 7    local  government  or  school district; authorities including
 8    departments,  divisions,  bureaus,  boards,  commissions,  or
 9    other agencies of the  foregoing  entities;  and  any  person
10    acting  within  the scope of his or her authority, express or
11    implied, on behalf of those  entities  in  dealing  with  its
12    employees. As of the effective date of this amendatory Act of
13    the  93rd  General  Assembly,  but  not  before, the State of
14    Illinois shall be considered the  employer  of  the  personal
15    care  attendants  and  personal  assistants working under the
16    Home Services Program under Section 3 of the Disabled Persons
17    Rehabilitation Act, subject to the limitations set  forth  in
18    this  Act and in the Disabled Persons Rehabilitation Act. The
19    State shall not be considered to be the employer of  personal
20    care  attendants and personal assistants for any purposes not
21    specifically provided for in this amendatory Act of the  93rd
22    General  Assembly,  including but not limited to, purposes of
23    vicarious  liability  in  tort  and  purposes  of   statutory
24    retirement   or  health  insurance  benefits.  Personal  care
25    attendants and personal assistants shall not  be  covered  by
26    the  State  Employees  Group  Insurance  Act  of 1971 (5 ILCS
27    375/). "Public employer" or "employer" as used in  this  Act,
28    however,  does  not  mean  and  shall not include the General
29    Assembly of the State of Illinois and  educational  employers
30    or  employers  as  defined  in the Illinois Educational Labor
31    Relations Act, except with respect to a state  university  in
32    its  employment  of  firefighters and peace officers.  County
33    boards and county sheriffs shall be designated  as  joint  or
34    co-employers  of  county  peace  officers appointed under the
 
HB2221 Enrolled            -8-       LRB093 06402 RCE 06524 b
 1    authority of a county sheriff.  Nothing  in  this  subsection
 2    (o)  shall  be  construed  to  prevent the State Panel or the
 3    Local Panel from determining  that  employers  are  joint  or
 4    co-employers.
 5        (p)  "Security   employee"   means  an  employee  who  is
 6    responsible for the supervision and  control  of  inmates  at
 7    correctional   facilities.   The  term  also  includes  other
 8    non-security  employees  in  bargaining  units   having   the
 9    majority  of  employees being responsible for the supervision
10    and control of inmates at correctional facilities.
11        (q)  "Short-term  employee"  means  an  employee  who  is
12    employed for less than 2 consecutive calendar quarters during
13    a calendar year and who does not have a reasonable  assurance
14    that  he  or she will be rehired by the same employer for the
15    same service in a subsequent calendar year.
16        (r)  "Supervisor" is an employee whose principal work  is
17    substantially  different from that of his or her subordinates
18    and who has authority, in the interest of  the  employer,  to
19    hire, transfer, suspend, lay off, recall, promote, discharge,
20    direct,  reward,  or  discipline  employees,  to adjust their
21    grievances, or to effectively recommend any of those actions,
22    if the exercise of that authority is not of a merely  routine
23    or  clerical  nature,  but  requires  the  consistent  use of
24    independent  judgment.  Except   with   respect   to   police
25    employment,   the   term  "supervisor"  includes  only  those
26    individuals who devote a preponderance  of  their  employment
27    time   to   exercising   that  authority,  State  supervisors
28    notwithstanding.  In  addition,  in  determining  supervisory
29    status in police employment, rank shall not be determinative.
30    The  Board  shall  consider,  as  evidence of bargaining unit
31    inclusion or exclusion, the common law  enforcement  policies
32    and   relationships   between   police   officer   ranks  and
33    certification under applicable civil service law, ordinances,
34    personnel codes,  or  Division  2.1  of  Article  10  of  the
 
HB2221 Enrolled            -9-       LRB093 06402 RCE 06524 b
 1    Illinois  Municipal  Code, but these factors shall not be the
 2    sole or  predominant  factors  considered  by  the  Board  in
 3    determining police supervisory status.
 4        Notwithstanding   the   provisions   of   the   preceding
 5    paragraph,  in determining supervisory status in fire fighter
 6    employment, no fire fighter shall be excluded as a supervisor
 7    who has established representation rights under Section 9  of
 8    this  Act.   Further,  in  new  fire fighter units, employees
 9    shall consist of fire fighters of the rank of company officer
10    and below. If a company  officer  otherwise  qualifies  as  a
11    supervisor  under the preceding paragraph, however, he or she
12    shall not be included in the fire fighter unit.  If there  is
13    no  rank  between  that  of  chief  and  the  highest company
14    officer, the employer may designate a position on each  shift
15    as  a  Shift  Commander,  and  the  persons  occupying  those
16    positions  shall  be supervisors.  All other ranks above that
17    of company officer shall be supervisors.
18        (s) (1)  "Unit" means a class of jobs or  positions  that
19        are  held  by  employees  whose  collective interests may
20        suitably be  represented  by  a  labor  organization  for
21        collective  bargaining.  Except with respect to non-State
22        fire fighters and paramedics employed by fire departments
23        and fire protection districts, non-State peace  officers,
24        and  peace  officers in the Department of State Police, a
25        bargaining unit determined by the Board shall not include
26        both employees  and  supervisors,  or  supervisors  only,
27        except  as  provided  in paragraph (2) of this subsection
28        (s) and except for bargaining units in existence on  July
29        1,  1984  (the effective date of this Act).  With respect
30        to non-State fire fighters  and  paramedics  employed  by
31        fire departments and fire protection districts, non-State
32        peace  officers,  and peace officers in the Department of
33        State Police, a bargaining unit determined by  the  Board
34        shall not include both supervisors and nonsupervisors, or
 
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 1        supervisors  only, except as provided in paragraph (2) of
 2        this subsection (s) and except for  bargaining  units  in
 3        existence  on January 1, 1986 (the effective date of this
 4        amendatory Act of 1985).  A bargaining unit determined by
 5        the Board to contain  peace  officers  shall  contain  no
 6        employees  other  than  peace  officers  unless otherwise
 7        agreed to by the employer and the labor  organization  or
 8        labor  organizations involved.  Notwithstanding any other
 9        provision of this Act, a  bargaining  unit,  including  a
10        historical   bargaining   unit,  containing  sworn  peace
11        officers of the Department of Natural Resources (formerly
12        designated the Department of Conservation) shall  contain
13        no  employees  other  than such sworn peace officers upon
14        the effective date of this amendatory Act of 1990 or upon
15        the  expiration  date  of   any   collective   bargaining
16        agreement  in  effect  upon  the  effective  date of this
17        amendatory Act of 1990 covering  both  such  sworn  peace
18        officers and other employees.
19             (2)  Notwithstanding  the  exclusion  of supervisors
20        from bargaining units as provided  in  paragraph  (1)  of
21        this  subsection  (s),  a  public  employer  may agree to
22        permit its supervisory employees to form bargaining units
23        and may bargain with those units.  This Act  shall  apply
24        if  the  public  employer  chooses  to bargain under this
25        subsection.
26    (Source: P.A.  90-14,  eff.  7-1-97;  90-655,  eff.  7-30-98;
27    91-798, eff. 7-9-00.)

28        (5 ILCS 315/7) (from Ch. 48, par. 1607)
29        Sec. 7.  Duty to bargain.   A  public  employer  and  the
30    exclusive  representative  have the authority and the duty to
31    bargain collectively set forth in this Section.
32        For the purposes of this Act, "to  bargain  collectively"
33    means  the performance of the mutual obligation of the public
 
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 1    employer   or   his   designated   representative   and   the
 2    representative of the public employees to meet at  reasonable
 3    times,  including  meetings  in  advance of the budget-making
 4    process, and to negotiate  in  good  faith  with  respect  to
 5    wages,   hours,  and  other  conditions  of  employment,  not
 6    excluded by Section 4 of this Act, or the negotiation  of  an
 7    agreement,   or  any  question  arising  thereunder  and  the
 8    execution of a written contract incorporating  any  agreement
 9    reached  if  requested  by  either party, but such obligation
10    does not compel either  party  to  agree  to  a  proposal  or
11    require the making of a concession.
12        The  duty "to bargain collectively" shall also include an
13    obligation to negotiate  over  any  matter  with  respect  to
14    wages,   hours   and  other  conditions  of  employment,  not
15    specifically  provided  for  in  any   other   law   or   not
16    specifically  in  violation of the provisions of any law.  If
17    any other  law pertains, in part, to a matter  affecting  the
18    wages,  hours  and other conditions of employment, such other
19    law shall not be construed as limiting the duty  "to  bargain
20    collectively"   and   to  enter  into  collective  bargaining
21    agreements  containing  clauses  which   either   supplement,
22    implement,  or  relate  to  the  effect of such provisions in
23    other laws.
24        The duty "to bargain  collectively"  shall  also  include
25    negotiations  as  to  the  terms  of  a collective bargaining
26    agreement. The parties may, by mutual agreement, provide  for
27    arbitration  of  impasses  resulting  from their inability to
28    agree  upon  wages,  hours  and  terms  and   conditions   of
29    employment   to   be  included  in  a  collective  bargaining
30    agreement. Such arbitration provisions shall  be  subject  to
31    the  Illinois  "Uniform Arbitration Act" unless agreed by the
32    parties.
33        The duty "to bargain collectively" shall also  mean  that
34    no  party to a collective bargaining contract shall terminate
 
HB2221 Enrolled            -12-      LRB093 06402 RCE 06524 b
 1    or modify such  contract,  unless  the  party  desiring  such
 2    termination or modification:
 3        (1)  serves  a written notice upon the other party to the
 4    contract of the proposed termination or modification 60  days
 5    prior  to  the  expiration date thereof, or in the event such
 6    contract contains no expiration date, 60 days  prior  to  the
 7    time it is proposed to make such termination or modification;
 8        (2)  offers  to  meet and confer with the other party for
 9    the purpose of negotiating  a  new  contract  or  a  contract
10    containing the proposed modifications;
11        (3)  notifies  the Board within 30 days after such notice
12    of the existence of a dispute, provided no agreement has been
13    reached by that time; and
14        (4)  continues  in  full  force   and   effect,   without
15    resorting  to strike or lockout, all the terms and conditions
16    of the existing contract for a period of 60 days  after  such
17    notice  is  given  to the other party or until the expiration
18    date of such contract, whichever occurs later.
19        The duties imposed upon employers,  employees  and  labor
20    organizations  by  paragraphs  (2),  (3) and (4) shall become
21    inapplicable upon an intervening certification of the  Board,
22    under  which  the labor organization, which is a party to the
23    contract,  has  been  superseded  as  or  ceased  to  be  the
24    exclusive representative of the  employees  pursuant  to  the
25    provisions  of subsection (a) of Section 9, and the duties so
26    imposed shall not be construed as requiring either  party  to
27    discuss  or  agree  to  any  modification  of  the  terms and
28    conditions contained in a contract for  a  fixed  period,  if
29    such  modification  is  to become effective before such terms
30    and conditions can be reopened under the  provisions  of  the
31    contract.
32        Collective  bargaining  for  personal care attendants and
33    personal assistants under the Home Services Program shall  be
34    limited  to  the terms and conditions of employment under the
 
HB2221 Enrolled            -13-      LRB093 06402 RCE 06524 b
 1    State's control, as defined in this  amendatory  Act  of  the
 2    93rd General Assembly.
 3    (Source: P.A. 83-1012.)

 4        Section  10.  The  Disabled Persons Rehabilitation Act is
 5    amended by changing Section 3 as follows:

 6        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
 7        Sec. 3.  Powers and duties. The Department shall have the
 8    powers and duties enumerated herein:
 9        (a)  To co-operate with the  federal  government  in  the
10    administration    of    the   provisions   of   the   federal
11    Rehabilitation Act of 1973,  as  amended,  of  the  Workforce
12    Investment  Act  of  1998, and of the federal Social Security
13    Act to the extent and in the manner provided in these Acts.
14        (b)  To  prescribe  and   supervise   such   courses   of
15    vocational training and provide such other services as may be
16    necessary  for the habilitation and rehabilitation of persons
17    with one or more disabilities, including  the  administrative
18    activities  under  subsection  (e)  of  this  Section, and to
19    co-operate with State and local school authorities and  other
20    recognized  agencies  engaged in habilitation, rehabilitation
21    and comprehensive rehabilitation services; and  to  cooperate
22    with the Department of Children and Family Services regarding
23    the   care  and  education  of  children  with  one  or  more
24    disabilities.
25        (c)  (Blank).
26        (d)  To report in writing, to the Governor,  annually  on
27    or  before the first day of December, and at such other times
28    and in such manner and upon such subjects as the Governor may
29    require.  The annual report shall contain (1) a statement  of
30    the   existing   condition  of  comprehensive  rehabilitation
31    services, habilitation and rehabilitation in the State; (2) a
32    statement of suggestions and recommendations  with  reference
 
HB2221 Enrolled            -14-      LRB093 06402 RCE 06524 b
 1    to  the development of comprehensive rehabilitation services,
 2    habilitation and rehabilitation in  the  State;  and  (3)  an
 3    itemized  statement  of  the  amounts  of money received from
 4    federal, State and other sources,  and  of  the  objects  and
 5    purposes  to  which  the  respective  items  of these several
 6    amounts have been devoted.
 7        (e)  (Blank).
 8        (f)  To  establish  a  program  of  services  to  prevent
 9    unnecessary institutionalization of persons with  Alzheimer's
10    disease and related disorders or persons in need of long term
11    care  who  are established as blind or disabled as defined by
12    the Social Security Act, thereby enabling them to  remain  in
13    their own homes or other living arrangements. Such preventive
14    services  may  include, but are not limited to, any or all of
15    the following:
16             (1)  home health services;
17             (2)  home nursing services;
18             (3)  homemaker services;
19             (4)  chore and housekeeping services;
20             (5)  day care services;
21             (6)  home-delivered meals;
22             (7)  education in self-care;
23             (8)  personal care services;
24             (9)  adult day health services;
25             (10)  habilitation services;
26             (11)  respite care; or
27             (12)  other  nonmedical  social  services  that  may
28        enable the person to become self-supporting.
29        The Department shall establish eligibility standards  for
30    such  services  taking into consideration the unique economic
31    and social needs of the population for whom they  are  to  be
32    provided.   Such  eligibility  standards  may be based on the
33    recipient's ability to pay for services;  provided,  however,
34    that  any  portion  of  a person's income that is equal to or
 
HB2221 Enrolled            -15-      LRB093 06402 RCE 06524 b
 1    less  than  the  "protected  income"  level  shall   not   be
 2    considered by the Department in determining eligibility.  The
 3    "protected   income"   level   shall  be  determined  by  the
 4    Department, shall never be  less  than  the  federal  poverty
 5    standard,  and shall be adjusted each year to reflect changes
 6    in the Consumer  Price  Index  For  All  Urban  Consumers  as
 7    determined   by   the  United  States  Department  of  Labor.
 8    Additionally,  in  determining  the  amount  and  nature   of
 9    services  for which a person may qualify, consideration shall
10    not be given to the value of cash, property or  other  assets
11    held in the name of the person's spouse pursuant to a written
12    agreement  dividing  marital property into equal but separate
13    shares or pursuant to a transfer of the person's interest  in
14    a home to his spouse, provided that the spouse's share of the
15    marital  property is not made available to the person seeking
16    such services.
17        The services shall be provided  to  eligible  persons  to
18    prevent unnecessary or premature institutionalization, to the
19    extent that the cost of the services, together with the other
20    personal  maintenance expenses of the persons, are reasonably
21    related to the standards established  for  care  in  a  group
22    facility    appropriate    to    their    condition.    These
23    non-institutional services, pilot  projects  or  experimental
24    facilities may be provided as part of or in addition to those
25    authorized by federal law or those funded and administered by
26    the Illinois Department on Aging.
27        Personal care attendants shall be paid:
28             (i)  A  $5  per  hour minimum rate beginning July 1,
29        1995.
30             (ii)  A $5.30 per hour minimum rate  beginning  July
31        1, 1997.
32             (iii)  A  $5.40 per hour minimum rate beginning July
33        1, 1998.
34        Solely for the purposes of coverage  under  the  Illinois
 
HB2221 Enrolled            -16-      LRB093 06402 RCE 06524 b
 1    Public  Labor  Relations  Act  (5  ILCS  315/), personal care
 2    attendants and personal assistants providing  services  under
 3    the Department's Home Services Program shall be considered to
 4    be  public  employees  and  the  State  of  Illinois shall be
 5    considered to be their employer as of the effective  date  of
 6    this  amendatory  Act  of  the 93rd General Assembly, but not
 7    before. The State shall engage in collective bargaining  with
 8    an  exclusive  representative of personal care attendants and
 9    personal assistants working under the Home  Services  Program
10    concerning  their terms and conditions of employment that are
11    within the State's control. Nothing in this  paragraph  shall
12    be  understood  to  limit  the right of the persons receiving
13    services defined in this Section to hire  and  fire  personal
14    care  attendants  and  personal  assistants or supervise them
15    within the limitations set by the Home Services Program.  The
16    State  shall not be considered to be the employer of personal
17    care attendants and personal assistants for any purposes  not
18    specifically  provided  in  this  amendatory  Act of the 93rd
19    General Assembly, including but not limited to,  purposes  of
20    vicarious   liability  in  tort  and  purposes  of  statutory
21    retirement  or  health  insurance  benefits.  Personal   care
22    attendants  and  personal  assistants shall not be covered by
23    the State Employees Group  Insurance  Act  of  1971  (5  ILCS
24    375/).
25        The  Department  shall  execute,  relative to the nursing
26    home prescreening project, as authorized by Section  4.03  of
27    the   Illinois   Act   on  the  Aging,  written  inter-agency
28    agreements with the Department on Aging and the Department of
29    Public Aid, to effect the following:  (i)  intake  procedures
30    and  common  eligibility  criteria  for those persons who are
31    receiving   non-institutional   services;   and   (ii)    the
32    establishment  and  development of non-institutional services
33    in areas of the State where they are not currently  available
34    or  are  undeveloped.  On and after July 1, 1996, all nursing
 
HB2221 Enrolled            -17-      LRB093 06402 RCE 06524 b
 1    home prescreenings for individuals 18 through 59 years of age
 2    shall be conducted by the Department.
 3        The Department is authorized to  establish  a  system  of
 4    recipient  cost-sharing  for  services  provided  under  this
 5    Section.    The   cost-sharing   shall   be  based  upon  the
 6    recipient's ability to pay for services, but in no case shall
 7    the recipient's share exceed the actual cost of the  services
 8    provided.   Protected  income  shall not be considered by the
 9    Department in its determination of the recipient's ability to
10    pay  a  share  of  the  cost  of  services.   The  level   of
11    cost-sharing  shall  be adjusted each year to reflect changes
12    in the "protected income" level.  The Department shall deduct
13    from the recipient's share of the cost of services any  money
14    expended by the recipient for disability-related expenses.
15        The    Department,   or   the   Department's   authorized
16    representative, shall recover the amount of  moneys  expended
17    for  services provided to or in behalf of a person under this
18    Section by a claim against the person's estate or against the
19    estate of the person's surviving spouse, but no recovery  may
20    be had until after the death of the surviving spouse, if any,
21    and  then  only at such time when there is no surviving child
22    who is under  age  21,  blind,  or  permanently  and  totally
23    disabled.   This  paragraph, however, shall not bar recovery,
24    at the death of the person, of moneys for  services  provided
25    to  the  person or in behalf of the person under this Section
26    to which the person was  not  entitled;  provided  that  such
27    recovery  shall not be enforced against any real estate while
28    it is occupied as a homestead  by  the  surviving  spouse  or
29    other  dependent,  if  no claims by other creditors have been
30    filed against the estate, or, if such claims have been filed,
31    they remain dormant for failure of prosecution or failure  of
32    the  claimant  to compel administration of the estate for the
33    purpose of payment.  This paragraph shall  not  bar  recovery
34    from  the estate of a spouse, under Sections 1915 and 1924 of
 
HB2221 Enrolled            -18-      LRB093 06402 RCE 06524 b
 1    the Social Security Act  and  Section  5-4  of  the  Illinois
 2    Public  Aid  Code,  who  precedes a person receiving services
 3    under this Section in death.  All moneys for services paid to
 4    or in behalf of  the  person  under  this  Section  shall  be
 5    claimed  for  recovery  from  the  deceased  spouse's estate.
 6    "Homestead", as used in this paragraph,  means  the  dwelling
 7    house  and  contiguous  real  estate  occupied by a surviving
 8    spouse or relative, as defined by the rules  and  regulations
 9    of  the  Illinois Department of Public Aid, regardless of the
10    value of the property.
11        The  Department  and  the  Department  on   Aging   shall
12    cooperate  in  the  development  and  submission of an annual
13    report on programs and services provided under this  Section.
14    Such  joint  report  shall be filed with the Governor and the
15    General Assembly on or before March 30 each year.
16        The requirement for reporting  to  the  General  Assembly
17    shall  be  satisfied  by filing copies of the report with the
18    Speaker, the Minority Leader and the Clerk of  the  House  of
19    Representatives  and  the  President, the Minority Leader and
20    the Secretary of the  Senate  and  the  Legislative  Research
21    Unit,  as  required  by  Section  3.1 of the General Assembly
22    Organization Act, and filing additional copies with the State
23    Government  Report  Distribution  Center  for   the   General
24    Assembly  as required under paragraph (t) of Section 7 of the
25    State Library Act.
26        (g)  To establish such subdivisions of the Department  as
27    shall be desirable and assign to the various subdivisions the
28    responsibilities  and  duties  placed  upon the Department by
29    law.
30        (h)  To cooperate and enter into any necessary agreements
31    with the Department of Employment Security for the  provision
32    of  job placement and job referral services to clients of the
33    Department,  including  job  service  registration  of   such
34    clients  with Illinois Employment Security offices and making
 
HB2221 Enrolled            -19-      LRB093 06402 RCE 06524 b
 1    job listings  maintained  by  the  Department  of  Employment
 2    Security available to such clients.
 3        (i)  To  possess  all powers reasonable and necessary for
 4    the exercise and administration of  the  powers,  duties  and
 5    responsibilities  of the Department which are provided for by
 6    law.
 7        (j)  To establish a procedure whereby  new  providers  of
 8    personal care attendant services shall submit vouchers to the
 9    State  for  payment  two  times  during  their first month of
10    employment and one time per month  thereafter.   In  no  case
11    shall  the  Department pay personal care attendants an hourly
12    wage that is less than the federal minimum wage.
13        (k)  To provide adequate notice to providers of chore and
14    housekeeping services informing them that they  are  entitled
15    to  an  interest payment on bills which are not promptly paid
16    pursuant to Section 3 of the State Prompt Payment Act.
17        (l)  To  establish,  operate  and  maintain  a  Statewide
18    Housing Clearinghouse of information on available, government
19    subsidized  housing  accessible  to  disabled   persons   and
20    available  privately  owned  housing  accessible  to disabled
21    persons.  The information shall include but not be limited to
22    the  location,  rental  requirements,  access  features   and
23    proximity to public transportation of available housing.  The
24    Clearinghouse  shall  consist  of  at  least  a  computerized
25    database  for  the storage and retrieval of information and a
26    separate or shared toll free  telephone  number  for  use  by
27    those seeking information from the Clearinghouse.  Department
28    offices  and personnel throughout the State shall also assist
29    in the operation  of  the  Statewide  Housing  Clearinghouse.
30    Cooperation  with  local,  State and federal housing managers
31    shall be sought and  extended  in  order  to  frequently  and
32    promptly update the Clearinghouse's information.
33        (m)  To assure that the names and case records of persons
34    who  received  or are receiving services from the Department,
 
HB2221 Enrolled            -20-      LRB093 06402 RCE 06524 b
 1    including persons receiving vocational  rehabilitation,  home
 2    services,  or  other services, and those attending one of the
 3    Department's schools or other supervised  facility  shall  be
 4    confidential  and  not  be open to the general public.  Those
 5    case records and reports  or  the  information  contained  in
 6    those  records and reports shall be disclosed by the Director
 7    only  to  proper  law  enforcement   officials,   individuals
 8    authorized  by a court, the General Assembly or any committee
 9    or commission of the General Assembly, and other persons  and
10    for  reasons  as the Director designates by rule.  Disclosure
11    by  the  Director  may  be  only  in  accordance  with  other
12    applicable law.
13    (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.