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| [ Introduced ] | [ House Amendment 001 ] |
90_HB0735eng
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
HB0735 Engrossed 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 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 24
8 month period in the 3 years preceding the effective date or
9 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 which 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, et seq., 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 (a) The contractor or grantee has made a false
8 certification under Section 20 of this Act; or
9 (b) The contractor or grantee, after the effective date
10 of the contract or grant, is found to have committed 3 or
11 more unfair labor practices during a 24 month period under
12 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 pursuant to this Act, the
24 only 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 pursuant to this Act shall be
29 conducted in accordance with the Illinois Administrative
30 Procedure Act.
31 (c) Upon notice to the Department of Human Services from
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1 a labor organization that a complaint has been issued by the
2 National Labor Relations Board against a contractor or
3 grantee, the Department shall at the request of the labor
4 organization convene a remediation session between the labor
5 organization and the contractor or grantee. The Department
6 shall establish rules concerning the conduct of the sessions.
7 (d) As minor violations of a technical nature are not
8 likely to result in interference with employees' rights
9 sufficient to cause significant disruption in the provision
10 of essential services, nothing herein shall preclude the
11 Department from making a finding that the violations were of
12 a technical nature with only de minimus impact on the rights
13 guaranteed under the National Labor Relations Act.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.