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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB0735
New Act
Creates the Human Services Delivery Act. Provides that
no grantee or contractor shall receive a grant or enter into
a contract for providing residential services for the
mentally ill or developmentally disabled without certifying
to the State or other granting or contracting agency that it
either has not been in violation of the National Labor
Relations Act within the last year, or if it has, that the
violations have been fully cured, subject to suspension or
termination of the grant or contract if it is determined that
the grantee or contractor falsely completed the certification
or, subsequent to the effective date of the grant or
contract, violates the National Labor Relations Act, which
shall in turn subject the grantee or contractor to debarment
from seeking grants or contracts covered under this Act for 3
years. All proceedings for suspension, termination, or
debarment are subject to the Administrative Procedure Act.
Effective immediately.
LRB9003679SMdv
LRB9003679SMdv
1 AN ACT regarding the delivery of human services.
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 services to the mentally ill and
13 developmentally disabled. The State of Illinois enters into
14 these contracts and provides these grants in order to best
15 provide the human services necessary for the care and
16 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 residential services provided to them through contracts
20 or grants between the State of Illinois and private providers
21 are subject to disruption. The legislature further finds
22 that the services are most likely to be disrupted if the
23 private providers of the services have illegally interfered
24 with the rights of the private providers' employees under
25 federal law. Private providers or employers found guilty of
26 violating the National Labor Relations Act are most likely to
27 be subject to strikes and other work stoppages by their
28 employees, which strikes or work stoppages have a detrimental
29 effect on the services being provided to Illinois citizens
30 who are mentally 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 services to the mentally ill and developmentally
3 disabled citizens, the State of Illinois shall not contract
4 with or provide grants to private providers to provide these
5 residential services if the private provider has been found
6 to have violated the National Labor Relations Act in
7 connection with its dealings with its employees.
8 Section 10. Definitions. As used in this Act, unless
9 the context otherwise requires:
10 "Contractor or grantee" means an entity other than the
11 State of Illinois, a department of the State of Illinois, or
12 political subdivision of the State of Illinois which has a
13 contractual or other relationship with the State of Illinois
14 or a department of the State of Illinois to provide
15 residential services to the mentally ill or developmentally
16 disabled, which contract is funded in whole or in part by the
17 State of Illinois or through the Medicaid Program of the
18 State of Illinois.
19 "National Labor Relations Act" means the federal statute,
20 found at 29 U.S.C. Section 101, et seq., as amended.
21 "Violation of the National Labor Relations Act" means a
22 final decision by the National Labor Relations Board or a
23 court of competent jurisdiction that the National Labor
24 Relations Board Act has been violated.
25 Section 20. Certification.
26 (a) No grantee or contractor shall receive a grant or be
27 considered for the purposes of being awarded a contract for
28 providing residential services for the mentally ill or
29 developmentally disabled, unless that grantee or contractor
30 has certified to the State of Illinois or to the granting or
31 contracting agency that:
32 (1) It is not in violation of the National Labor
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1 Relations Act;
2 (2) It has not been in violation of the National
3 Labor Relations Act for a period of one year prior to the
4 date of the certification; and
5 (3) If it has been in violation of the National
6 Labor Relations Act within one year of the date of the
7 certification, the violation or violations have been
8 fully cured.
9 Section 25. Suspension or termination of the contract or
10 grant. Each contract or grant awarded by the State of
11 Illinois shall be subject to suspension of payments or
12 termination or both if it is determined that:
13 (a) The contractor or grantee has made a false
14 certification under Section 20 of this Act; or
15 (b) The contractor or grantee, after the effective date
16 of the contract or grant, violates the National Labor
17 Relations Act.
18 Section 30. Debarment. Any contractor or grantee who
19 files a false certification under Section 20 or whose
20 contract or grant is suspended or terminated under Section 25
21 shall be debarred from seeking or obtaining a new contract or
22 grant covered under this Act for a period of 3 years from the
23 date that the contractor or grantee was found to have
24 violated the National Labor Relations Act.
25 Section 35. Suspension, termination or debarment
26 proceedings.
27 (a) In any determination proceeding for suspension of
28 payment, termination, or debarment pursuant to this Act, the
29 only question shall be whether the contractor or grantee has
30 violated the National Labor Relations Act as defined by this
31 Act.
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1 (b) All proceedings for suspension of payment,
2 termination, or debarment pursuant to this Act shall be
3 conducted in accordance with the Illinois Administrative
4 Procedure Act.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.