| Public Act 094-0320 |
| SB0143 Enrolled | LRB094 06610 JAM 36702 b | |
|
AN ACT concerning government. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The Illinois Public Labor Relations Act is |
amended by changing Sections 3 and 7 as follows: |
(5 ILCS 315/3) (from Ch. 48, par. 1603) |
Sec. 3. Definitions. As used in this Act, unless the |
context otherwise requires: |
(a) "Board" means the Illinois Labor Relations Board or, |
with respect to a matter over which the jurisdiction of the |
Board is assigned to the State Panel or the Local Panel under |
Section 5, the panel having jurisdiction over the matter. |
(b) "Collective bargaining" means bargaining over terms |
and conditions of employment, including hours, wages, and other |
conditions of employment, as detailed in Section 7 and which |
are not excluded by Section 4. |
(c) "Confidential employee" means an employee who, in the |
regular course of his or her duties, assists and acts in a |
confidential capacity to persons who formulate, determine, and |
effectuate management policies with regard to labor relations |
or who, in the regular course of his or her duties, has |
authorized access to information relating to the effectuation |
or review of the employer's collective bargaining policies. |
(d) "Craft employees" means skilled journeymen, crafts |
persons, and their apprentices and helpers. |
(e) "Essential services employees" means those public |
employees performing functions so essential that the |
interruption or termination of the function will constitute a |
clear and present danger to the health and safety of the |
persons in the affected community. |
(f) "Exclusive representative", except with respect to |
non-State fire fighters and paramedics employed by fire |
departments and fire protection districts, non-State peace |
officers, and peace officers in the Department of State Police, |
means the labor organization that has been (i) designated by |
the Board as the representative of a majority of public |
employees in an appropriate bargaining unit in accordance with |
the procedures contained in this Act, (ii) historically |
recognized by the State of Illinois or any political |
subdivision of the State before July 1, 1984 (the effective |
date of this Act) as the exclusive representative of the |
employees in an appropriate bargaining unit, (iii) after July |
1, 1984 (the effective date of this Act) recognized by an |
employer upon evidence, acceptable to the Board, that the labor |
organization has been designated as the exclusive |
representative by a majority of the employees in an appropriate |
bargaining unit; or(iv) recognized as the exclusive |
representative of personal care attendants or personal |
assistants under Executive Order 2003-8 prior to the effective |
date of this amendatory Act of the 93rd General Assembly, and |
the organization shall be considered to be the exclusive |
representative of the personal care attendants or personal |
assistants as defined in this Section; or (v) recognized as the |
exclusive representative of child and day care home providers, |
including licensed and license exempt providers, pursuant to an |
election held under Executive Order 2005-1 prior to the |
effective date of this amendatory Act of the 94th General |
Assembly, and the organization shall be considered to be the |
exclusive representative of the child and day care home |
providers as defined in this Section. |
With respect to non-State fire fighters and paramedics |
employed by fire departments and fire protection districts, |
non-State peace officers, and peace officers in the Department |
of State Police, "exclusive representative" means the labor |
organization that has been (i) designated by the Board as the |
representative of a majority of peace officers or fire fighters |
in an appropriate bargaining unit in accordance with the |
procedures contained in this Act, (ii) historically recognized |
by the State of Illinois or any political subdivision of the |
State before January 1, 1986 (the effective date of this |
amendatory Act of 1985) as the exclusive representative by a |
majority of the peace officers or fire fighters in an |
appropriate bargaining unit, or (iii) after January 1, 1986 |
(the effective date of this amendatory Act of 1985) recognized |
by an employer upon evidence, acceptable to the Board, that the |
labor organization has been designated as the exclusive |
representative by a majority of the peace officers or fire |
fighters in an appropriate bargaining unit. |
(g) "Fair share agreement" means an agreement between the |
employer and an employee organization under which all or any of |
the employees in a collective bargaining unit are required to |
pay their proportionate share of the costs of the collective |
bargaining process, contract administration, and pursuing |
matters affecting wages, hours, and other conditions of |
employment, but not to exceed the amount of dues uniformly |
required of members. The amount certified by the exclusive |
representative shall not include any fees for contributions |
related to the election or support of any candidate for |
political office. Nothing in this subsection (g) shall preclude |
an employee from making voluntary political contributions in |
conjunction with his or her fair share payment. |
(g-1) "Fire fighter" means, for the purposes of this Act |
only, any person who has been or is hereafter appointed to a |
fire department or fire protection district or employed by a |
state university and sworn or commissioned to perform fire |
fighter duties or paramedic duties, except that the following |
persons are not included: part-time fire fighters, auxiliary, |
reserve or voluntary fire fighters, including paid on-call fire |
fighters, clerks and dispatchers or other civilian employees of |
a fire department or fire protection district who are not |
routinely expected to perform fire fighter duties, or elected |
officials. |
(g-2) "General Assembly of the State of Illinois" means the |
legislative branch of the government of the State of Illinois, |
as provided for under Article IV of the Constitution of the |
State of Illinois, and includes but is not limited to the House |
of Representatives, the Senate, the Speaker of the House of |
Representatives, the Minority Leader of the House of |
Representatives, the President of the Senate, the Minority |
Leader of the Senate, the Joint Committee on Legislative |
Support Services and any legislative support services agency |
listed in the Legislative Commission Reorganization Act of |
1984. |
(h) "Governing body" means, in the case of the State, the |
State Panel of the Illinois Labor Relations Board, the Director |
of the Department of Central Management Services, and the |
Director of the Department of Labor; the county board in the |
case of a county; the corporate authorities in the case of a |
municipality; and the appropriate body authorized to provide |
for expenditures of its funds in the case of any other unit of |
government. |
(i) "Labor organization" means any organization in which |
public employees participate and that exists for the purpose, |
in whole or in part, of dealing with a public employer |
concerning wages, hours, and other terms and conditions of |
employment, including the settlement of grievances. |
(j) "Managerial employee" means an individual who is |
engaged predominantly in executive and management functions |
and is charged with the responsibility of directing the |
effectuation of management policies and practices. |
(k) "Peace officer" means, for the purposes of this Act |
only, any persons who have been or are hereafter appointed to a |
police force, department, or agency and sworn or commissioned |
to perform police duties, except that the following persons are |
not included: part-time police officers, special police |
officers, auxiliary police as defined by Section 3.1-30-20 of |
the Illinois Municipal Code, night watchmen, "merchant |
police", court security officers as defined by Section 3-6012.1 |
of the Counties Code, temporary employees, traffic guards or |
wardens, civilian parking meter and parking facilities |
personnel or other individuals specially appointed to aid or |
direct traffic at or near schools or public functions or to aid |
in civil defense or disaster, parking enforcement employees who |
are not commissioned as peace officers and who are not armed |
and who are not routinely expected to effect arrests, parking |
lot attendants, clerks and dispatchers or other civilian |
employees of a police department who are not routinely expected |
to effect arrests, or elected officials. |
(l) "Person" includes one or more individuals, labor |
organizations, public employees, associations, corporations, |
legal representatives, trustees, trustees in bankruptcy, |
receivers, or the State of Illinois or any political |
subdivision of the State or governing body, but does not |
include the General Assembly of the State of Illinois or any |
individual employed by the General Assembly of the State of |
Illinois. |
(m) "Professional employee" means any employee engaged in |
work predominantly intellectual and varied in character rather |
than routine mental, manual, mechanical or physical work; |
involving the consistent exercise of discretion and adjustment |
in its performance; of such a character that the output |
produced or the result accomplished cannot be standardized in |
relation to a given period of time; and requiring advanced |
knowledge in a field of science or learning customarily |
acquired by a prolonged course of specialized intellectual |
instruction and study in an institution of higher learning or a |
hospital, as distinguished from a general academic education or |
from apprenticeship or from training in the performance of |
routine mental, manual, or physical processes; or any employee |
who has completed the courses of specialized intellectual |
instruction and study prescribed in this subsection (m) and is |
performing related work under the supervision of a professional |
person to qualify to become a professional employee as defined |
in this subsection (m). |
(n) "Public employee" or "employee", for the purposes of |
this Act, means any individual employed by a public employer, |
including (i) interns and residents at public hospitals and, |
(ii) as of the effective date of this amendatory Act of the |
93rd General Assembly, but not before, personal care attendants |
and personal assistants working under the Home Services Program |
under Section 3 of the Disabled Persons Rehabilitation Act, |
subject to the limitations set forth in this Act and in the |
Disabled Persons Rehabilitation Act, and (iii) as of the |
effective date of this amendatory Act of the 94th General |
Assembly, but not before, child and day care home providers |
participating in the child care assistance program under |
Section 9A-11 of the Illinois Public Aid Code, subject to the |
limitations set forth in this Act and in Section 9A-11 of the |
Illinois Public Aid Code, but excluding all of the following: |
employees of the General Assembly of the State of Illinois; |
elected officials; executive heads of a department; members of |
boards or commissions; the Executive Inspectors General; any |
special Executive Inspectors General; employees of each Office |
of an Executive Inspector General; commissioners and employees |
of the Executive Ethics Commission; the Auditor General's |
Inspector General; employees of the Office of the Auditor |
General's Inspector General; the Legislative Inspector |
General; any special Legislative Inspectors General; employees |
of the Office of the Legislative Inspector General; |
commissioners and employees of the Legislative Ethics |
Commission; employees of any agency, board or commission |
created by this Act; employees appointed to State positions of |
a temporary or emergency nature; all employees of school |
districts and higher education institutions except |
firefighters and peace officers employed by a state university; |
managerial employees; short-term employees; confidential |
employees; independent contractors; and supervisors except as |
provided in this Act. |
Personal care attendants and personal assistants shall not |
be considered public employees for any purposes not |
specifically provided for in the thisamendatory Act of the |
93rd General Assembly, including but not limited to, purposes |
of vicarious liability in tort and purposes of statutory |
retirement or health insurance benefits. Personal care |
attendants and personal assistants shall not be covered by the |
State Employees Group Insurance Act of 1971 (5 ILCS 375/). |
Child and day care home providers shall not be considered |
public employees for any purposes not specifically provided for |
in this amendatory Act of the 94th General Assembly, including |
but not limited to, purposes of vicarious liability in tort and |
purposes of statutory retirement or health insurance benefits. |
Child and day care home providers shall not be covered by the |
State Employees Group Insurance Act of 1971. |
Notwithstanding Section 9, subsection (c), or any other |
provisions of this Act, all peace officers above the rank of |
captain in municipalities with more than 1,000,000 inhabitants |
shall be excluded from this Act. |
(o) "Public employer" or "employer" means the State of |
Illinois; any political subdivision of the State, unit of local |
government or school district; authorities including |
departments, divisions, bureaus, boards, commissions, or other |
agencies of the foregoing entities; and any person acting |
within the scope of his or her authority, express or implied, |
on behalf of those entities in dealing with its employees. As |
of the effective date of the thisamendatory Act of the 93rd |
General Assembly, but not before, the State of Illinois shall |
be considered the employer of the personal care attendants and |
personal assistants working under the Home Services Program |
under Section 3 of the Disabled Persons Rehabilitation Act, |
subject to the limitations set forth in this Act and in the |
Disabled Persons Rehabilitation Act. The State shall not be |
considered to be the employer of personal care attendants and |
personal assistants for any purposes not specifically provided |
for in this amendatory Act of the 93rd General Assembly, |
including but not limited to, purposes of vicarious liability |
in tort and purposes of statutory retirement or health |
insurance benefits. Personal care attendants and personal |
assistants shall not be covered by the State Employees Group |
Insurance Act of 1971 (5 ILCS 375/). As of the effective date |
of this amendatory Act of the 94th General Assembly but not |
before, the State of Illinois shall be considered the employer |
of the day and child care home providers participating in the |
child care assistance program under Section 9A-11 of the |
Illinois Public Aid Code, subject to the limitations set forth |
in this Act and in Section 9A-11 of the Illinois Public Aid |
Code. The State shall not be considered to be the employer of |
child and day care home providers for any purposes not |
specifically provided for in this amendatory Act of the 94th |
General Assembly, including but not limited to, purposes of |
vicarious liability in tort and purposes of statutory |
retirement or health insurance benefits. Child and day care |
home providers shall not be covered by the State Employees |
Group Insurance Act of 1971. |
"Public employer" or "employer" as used in this Act, |
however, does not mean and shall not include the General |
Assembly of the State of Illinois, the Executive Ethics |
Commission, the Offices of the Executive Inspectors General, |
the Legislative Ethics Commission, the Office of the |
Legislative Inspector General, the Office of the Auditor |
General's Inspector General, and educational employers or |
employers as defined in the Illinois Educational Labor |
Relations Act, except with respect to a state university in its |
employment of firefighters and peace officers. County boards |
and county sheriffs shall be designated as joint or |
co-employers of county peace officers appointed under the |
authority of a county sheriff. Nothing in this subsection (o) |
shall be construed to prevent the State Panel or the Local |
Panel from determining that employers are joint or |
co-employers. |
(p) "Security employee" means an employee who is |
responsible for the supervision and control of inmates at |
correctional facilities. The term also includes other |
non-security employees in bargaining units having the majority |
of employees being responsible for the supervision and control |
of inmates at correctional facilities. |
(q) "Short-term employee" means an employee who is employed |
for less than 2 consecutive calendar quarters during a calendar |
year and who does not have a reasonable assurance that he or |
she will be rehired by the same employer for the same service |
in a subsequent calendar year. |
(r) "Supervisor" is an employee whose principal work is |
substantially different from that of his or her subordinates |
and who has authority, in the interest of the employer, to |
hire, transfer, suspend, lay off, recall, promote, discharge, |
direct, reward, or discipline employees, to adjust their |
grievances, or to effectively recommend any of those actions, |
if the exercise of that authority is not of a merely routine or |
clerical nature, but requires the consistent use of independent |
judgment. Except with respect to police employment, the term |
"supervisor" includes only those individuals who devote a |
preponderance of their employment time to exercising that |
authority, State supervisors notwithstanding. In addition, in |
determining supervisory status in police employment, rank |
shall not be determinative. The Board shall consider, as |
evidence of bargaining unit inclusion or exclusion, the common |
law enforcement policies and relationships between police |
officer ranks and certification under applicable civil service |
law, ordinances, personnel codes, or Division 2.1 of Article 10 |
of the Illinois Municipal Code, but these factors shall not be |
the sole or predominant factors considered by the Board in |
determining police supervisory status. |
Notwithstanding the provisions of the preceding paragraph, |
in determining supervisory status in fire fighter employment, |
no fire fighter shall be excluded as a supervisor who has |
established representation rights under Section 9 of this Act. |
Further, in new fire fighter units, employees shall consist of |
fire fighters of the rank of company officer and below. If a |
company officer otherwise qualifies as a supervisor under the |
preceding paragraph, however, he or she shall not be included |
in the fire fighter unit. If there is no rank between that of |
chief and the highest company officer, the employer may |
designate a position on each shift as a Shift Commander, and |
the persons occupying those positions shall be supervisors. All |
other ranks above that of company officer shall be supervisors. |
(s) (1) "Unit" means a class of jobs or positions that are |
held by employees whose collective interests may suitably |
be represented by a labor organization for collective |
bargaining. Except with respect to non-State fire fighters |
and paramedics employed by fire departments and fire |
protection districts, non-State peace officers, and peace |
officers in the Department of State Police, a bargaining |
unit determined by the Board shall not include both |
employees and supervisors, or supervisors only, except as |
provided in paragraph (2) of this subsection (s) and except |
for bargaining units in existence on July 1, 1984 (the |
effective date of this Act). With respect to non-State fire |
fighters and paramedics employed by fire departments and |
fire protection districts, non-State peace officers, and |
peace officers in the Department of State Police, a |
bargaining unit determined by the Board shall not include |
both supervisors and nonsupervisors, or supervisors only, |
except as provided in paragraph (2) of this subsection (s) |
and except for bargaining units in existence on January 1, |
1986 (the effective date of this amendatory Act of 1985). A |
bargaining unit determined by the Board to contain peace |
officers shall contain no employees other than peace |
officers unless otherwise agreed to by the employer and the |
labor organization or labor organizations involved. |
Notwithstanding any other provision of this Act, a |
bargaining unit, including a historical bargaining unit, |
containing sworn peace officers of the Department of |
Natural Resources (formerly designated the Department of |
Conservation) shall contain no employees other than such |
sworn peace officers upon the effective date of this |
amendatory Act of 1990 or upon the expiration date of any |
collective bargaining agreement in effect upon the |
effective date of this amendatory Act of 1990 covering both |
such sworn peace officers and other employees. |
(2) Notwithstanding the exclusion of supervisors from |
bargaining units as provided in paragraph (1) of this |
subsection (s), a public employer may agree to permit its |
supervisory employees to form bargaining units and may |
bargain with those units. This Act shall apply if the |
public employer chooses to bargain under this subsection. |
(Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03.) |
(5 ILCS 315/7) (from Ch. 48, par. 1607) |
Sec. 7. Duty to bargain. A public employer and the |
exclusive representative have the authority and the duty to |
bargain collectively set forth in this Section. |
For the purposes of this Act, "to bargain collectively" |
means the performance of the mutual obligation of the public |
employer or his designated representative and the |
representative of the public employees to meet at reasonable |
times, including meetings in advance of the budget-making |
process, and to negotiate in good faith with respect to wages, |
hours, and other conditions of employment, not excluded by |
Section 4 of this Act, or the negotiation of an agreement, or |
any question arising thereunder and the execution of a written |
contract incorporating any agreement reached if requested by |
either party, but such obligation does not compel either party |
to agree to a proposal or require the making of a concession. |
The duty "to bargain collectively" shall also include an |
obligation to negotiate over any matter with respect to wages, |
hours and other conditions of employment, not specifically |
provided for in any other law or not specifically in violation |
of the provisions of any law. If any other law pertains, in |
part, to a matter affecting the wages, hours and other |
conditions of employment, such other law shall not be construed |
as limiting the duty "to bargain collectively" and to enter |
into collective bargaining agreements containing clauses which |
either supplement, implement, or relate to the effect of such |
provisions in other laws. |
The duty "to bargain collectively" shall also include |
negotiations as to the terms of a collective bargaining |
agreement. The parties may, by mutual agreement, provide for |
arbitration of impasses resulting from their inability to agree |
upon wages, hours and terms and conditions of employment to be |
included in a collective bargaining agreement. Such |
arbitration provisions shall be subject to the Illinois |
"Uniform Arbitration Act" unless agreed by the parties. |
The duty "to bargain collectively" shall also mean that no |
party to a collective bargaining contract shall terminate or |
modify such contract, unless the party desiring such |
termination or modification: |
(1) serves a written notice upon the other party to the |
contract of the proposed termination or modification 60 days |
prior to the expiration date thereof, or in the event such |
contract contains no expiration date, 60 days prior to the time |
it is proposed to make such termination or modification; |
(2) offers to meet and confer with the other party for the |
purpose of negotiating a new contract or a contract containing |
the proposed modifications; |
(3) notifies the Board within 30 days after such notice of |
the existence of a dispute, provided no agreement has been |
reached by that time; and |
(4) continues in full force and effect, without resorting |
to strike or lockout, all the terms and conditions of the |
existing contract for a period of 60 days after such notice is |
given to the other party or until the expiration date of such |
contract, whichever occurs later. |
The duties imposed upon employers, employees and labor |
organizations by paragraphs (2), (3) and (4) shall become |
inapplicable upon an intervening certification of the Board, |
under which the labor organization, which is a party to the |
contract, has been superseded as or ceased to be the exclusive |
representative of the employees pursuant to the provisions of |
subsection (a) of Section 9, and the duties so imposed shall |
not be construed as requiring either party to discuss or agree |
to any modification of the terms and conditions contained in a |
contract for a fixed period, if such modification is to become |
effective before such terms and conditions can be reopened |
under the provisions of the contract. |
Collective bargaining for personal care attendants and |
personal assistants under the Home Services Program shall be |
limited to the terms and conditions of employment under the |
State's control, as defined in the thisamendatory Act of the |
93rd General Assembly. |
Collective bargaining for child and day care home providers |
under the child care assistance program shall be limited to the |
terms and conditions of employment under the State's control, |
as defined in this amendatory Act of the 94th General Assembly. |
(Source: P.A. 93-204, eff. 7-16-03.) |
Section 10. The Illinois Public Aid Code is amended by |
changing Section 9A-11 as follows: |
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) |
Sec. 9A-11. Child Care. |
(a) The General Assembly recognizes that families with |
children need child care in order to work. Child care is |
expensive and families with low incomes, including those who |
are transitioning from welfare to work, often struggle to pay |
the costs of day care. The General Assembly understands the |
importance of helping low income working families become and |
remain self-sufficient. The General Assembly also believes |
that it is the responsibility of families to share in the costs |
of child care. It is also the preference of the General |
Assembly that all working poor families should be treated |
equally, regardless of their welfare status. |
(b) To the extent resources permit, the Illinois Department |
shall provide child care services to parents or other relatives |
as defined by rule who are working or participating in |
employment or Department approved education or training |
programs. At a minimum, the Illinois Department shall cover the |
following categories of families: |
(1) recipients of TANF under Article IV participating |
in work and training activities as specified in the |
personal plan for employment and self-sufficiency; |
(2) families transitioning from TANF to work; |
(3) families at risk of becoming recipients of TANF; |
(4) families with special needs as defined by rule; and |
(5) working families with very low incomes as defined |
by rule. |
The Department shall specify by rule the conditions of |
eligibility, the application process, and the types, amounts, |
and duration of services. Eligibility for child care benefits |
and the amount of child care provided may vary based on family |
size, income, and other factors as specified by rule. |
In determining income eligibility for child care benefits, |
the Department annually, at the beginning of each fiscal year, |
shall establish, by rule, one income threshold for each family |
size, in relation to percentage of State median income for a |
family of that size, that makes families with incomes below the |
specified threshold eligible for assistance and families with |
incomes above the specified threshold ineligible for |
assistance. The specified threshold must be no less than 50% of |
the then-current State median income for each family size. |
In determining eligibility for assistance, the Department |
shall not give preference to any category of recipients or give |
preference to individuals based on their receipt of benefits |
under this Code. |
The Department shall allocate $7,500,000 annually for a |
test program for families who are income-eligible for child |
care assistance, who are not recipients of TANF under Article |
IV, and who need child care assistance to participate in |
education and training activities. The Department shall |
specify by rule the conditions of eligibility for this test |
program. |
Nothing in this Section shall be construed as conferring |
entitlement status to eligible families. |
The Illinois Department is authorized to lower income |
eligibility ceilings, raise parent co-payments, create waiting |
lists, or take such other actions during a fiscal year as are |
necessary to ensure that child care benefits paid under this |
Article do not exceed the amounts appropriated for those child |
care benefits. These changes may be accomplished by emergency |
rule under Section 5-45 of the Illinois Administrative |
Procedure Act, except that the limitation on the number of |
emergency rules that may be adopted in a 24-month period shall |
not apply. |
The Illinois Department may contract with other State |
agencies or child care organizations for the administration of |
child care services. |
(c) Payment shall be made for child care that otherwise |
meets the requirements of this Section and applicable standards |
of State and local law and regulation, including any |
requirements the Illinois Department promulgates by rule in |
addition to the licensure requirements promulgated by the |
Department of Children and Family Services and Fire Prevention |
and Safety requirements promulgated by the Office of the State |
Fire Marshal and is provided in any of the following: |
(1) a child care center which is licensed or exempt |
from licensure pursuant to Section 2.09 of the Child Care |
Act of 1969; |
(2) a licensed child care home or home exempt from |
licensing; |
(3) a licensed group child care home; |
(4) other types of child care, including child care |
provided by relatives or persons living in the same home as |
the child, as determined by the Illinois Department by |
rule. |
(b-5) Solely for the purposes of coverage under the |
Illinois Public Labor Relations Act, child and day care home |
providers, including licensed and license exempt, |
participating in the Department's child care assistance |
program shall be considered to be public employees and the |
State of Illinois shall be considered to be their employer as |
of the effective date of this amendatory Act of the 94th |
General Assembly, but not before. The State shall engage in |
collective bargaining with an exclusive representative of |
child and day care home providers participating in the child |
care assistance program concerning their terms and conditions |
of employment that are within the State's control. Nothing in |
this subsection shall be understood to limit the right of |
families receiving services defined in this Section to select |
child and day care home providers or supervise them within the |
limits of this Section. The State shall not be considered to be |
the employer of child and day care home providers for any |
purposes not specifically provided in this amendatory Act of |
the 94th General Assembly, including but not limited to, |
purposes of vicarious liability in tort and purposes of |
statutory retirement or health insurance benefits. Child and |
day care home providers shall not be covered by the State |
Employees Group Insurance Act of 1971. |
In according child and day care home providers and their |
selected representative rights under the Illinois Public Labor |
Relations Act, the State intends that the State action |
exemption to application of federal and State antitrust laws be |
fully available to the extent that their activities are |
authorized by this amendatory Act of the 94th General Assembly. |
(d) The Illinois Department shall, by rule, require |
co-payments for child care services by any parent, including |
parents whose only income is from assistance under this Code. |
The co-payment shall be assessed based on a sliding scale based |
on family income, family size, and the number of children in |
care. Co-payments shall not be increased due solely to a change |
in the methodology for counting family income. |
(e) The Illinois Department shall conduct a market rate |
survey based on the cost of care and other relevant factors |
which shall be completed by July 1, 1998. |
(f) The Illinois Department shall, by rule, set rates to be |
paid for the various types of child care. Child care may be |
provided through one of the following methods: |
(1) arranging the child care through eligible |
providers by use of purchase of service contracts or |
vouchers; |
(2) arranging with other agencies and community |
volunteer groups for non-reimbursed child care; |
(3) (blank); or |
(4) adopting such other arrangements as the Department |
determines appropriate. |
(f-5) The Illinois Department, in consultation with its |
Child Care and Development Advisory Council, shall develop a |
comprehensive plan to revise the State's rates for the various |
types of child care. The plan shall be completed no later than |
January 1, 2005 and shall include: |
(1) Base reimbursement rates that are adequate to |
provide children receiving child care services from |
the Department equal access to quality child care, |
utilizing data from the most current market rate |
survey. |
(2) A tiered reimbursement rate system that |
financially rewards providers of child care services |
that meet defined benchmarks of higher-quality care. |
(3) Consideration of revisions to existing county |
groupings and age classifications, utilizing data from |
the most current market rate survey. |
(4) Consideration of special rates for certain |
types of care such as caring for a child with a |
disability. |
(g) Families eligible for assistance under this Section |
shall be given the following options: |
(1) receiving a child care certificate issued by the |
Department or a subcontractor of the Department that may be |
used by the parents as payment for child care and |
development services only; or |
(2) if space is available, enrolling the child with a |
child care provider that has a purchase of service contract |
with the Department or a subcontractor of the Department |
for the provision of child care and development services. |
The Department may identify particular priority |
populations for whom they may request special |
consideration by a provider with purchase of service |
contracts, provided that the providers shall be permitted |
to maintain a balance of clients in terms of household |
incomes and families and children with special needs, as |
defined by rule. |
(Source: P.A. 93-361, eff. 9-1-03; 93-1062, eff. 12-23-04.)
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