HB4278eng 95TH GENERAL ASSEMBLY

HB4278 Engrossed LRB095 16103 RCE 42121 b

AN ACT concerning State services.

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

Section 1. Short title. This Act may be cited as the State Services Accountability Act.

Section 5. Legislative findings and declaration of policy.

(a) The purpose of this Act is to set forth a program to better provide services to the citizens of Illinois by ensuring that tax dollars expended for services are properly used for their allocated purpose. The State of Illinois enters into reimbursement agreements and contracts with and provides grants to private entities (contractors and grantees) for the purpose of providing services for the citizens of Illinois. The State of Illinois enters into these contracts and provides these grants to provide quality services for the citizens of Illinois.

(b) The General Assembly finds that the needs of its citizens cannot be met if the time frame for provision of services provided through reimbursement agreements, contracts, or grant agreements between the State of Illinois and contractors and grantees are subject to disruption and further finds that likelihood of disruption is enhanced when a work stoppage is involved.

(c) The General Assembly further finds that the tax dollars should be used for their appropriated use. In addition, staff time, paid with tax dollars, should be spent providing services to Illinois' citizens.

(d) This Act is intended solely as a limitation on the permissible uses of State appropriations. It is not intended to expand, limit, or in any manner affect existing rights or duties of employers, employees, or labor organizations under the National Labor Relations Act or other federal law affecting labor relations.

Section 10. Definitions. As used in this Act:

"IDHS contractor or grantee" means an individual or entity, other than the State of Illinois, a State agency, or a political subdivision of the State of Illinois, that contracts with or receives grant funding from the Illinois Department of Human Services, that delivers services that require certification or licensing by IDHS, that provides services for which rates are set by IDHS, or that receives State funding that is appropriated through the IDHS budget.

"IDHS contractor" includes a subcontractor and a contractor of a grantee and any other entity, other than a unit of local government or a school district, that receives IDHS funds for supplying services pursuant to a written contract with the State or any of its agencies and that is controlled in whole or in part by the contractor or an entity in which the contractor has a substantial beneficial interest.

"IDHS grantee" includes a sub-grantee and a grantee of a contractor and any other entity that provides services controlled in whole or in part by the grantee, or an entity in which the grantee has a substantial beneficial interest.

"Employee" means a person employed by an IDHS contractor or grantee other than a person employed in a bona fide supervisory or managerial position as defined by applicable law.

"Labor organization", "employee representative", or "union" means an organization or union of any kind in which employees participate and that exists for the purpose, in whole or in part, of representing employees concerning grievances, labor disputes, wages, rates of pay, benefits, hours of employment, or working conditions.

"State agency" includes the State and every State agency, department, board, or commission.

"State funds" means any money provided by the State of Illinois or a State agency.

Section 15. Payment. Upon notice to the Illinois Department of Human Services of the existence of a work stoppage arising from a labor dispute with an IDHS contractor or grantee that may affect the provision of services under a State contract or grant, IDHS shall cease payment of State funds to the contractor or grantee pending receipt of evidence sufficient to confirm that the contractor or grantee is performing all services specified in the contract or grant. No further payments for those services shall be made to the contractor or grantee until IDHS has filed affidavits with the chief procurement officer and the Auditor General certifying that the contractor or grantee is performing all services specified in the contract or grant.

Section 20. No rulemaking authority. Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this Act. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this Act, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this Act shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this Act, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

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