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| [ Senate Amendment 001 ] |
91_SB1061ham001
LRB9104080WHdvam02
1 AMENDMENT TO SENATE BILL 1061
2 AMENDMENT NO. . Amend Senate Bill 1061 by replacing
3 the title with the following:
4 "AN ACT regarding the delivery of medical services in
5 correctional institutions and facilities."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Short title. This Act may be cited as the
9 Department of Corrections Medical Services Continuity Act.
10 Section 5. Legislative findings; declaration of policy.
11 (a) The purpose of this Act is to provide for continuity
12 of medical services in correctional institutions and
13 facilities, including juvenile facilities, under the
14 maintenance and control of the Department of Corrections. The
15 Department of Corrections is mandated to maintain and
16 administer all State correctional institutions and
17 facilities, including juvenile facilities. The Department of
18 Corrections is required to provide medical and dental
19 services, including mental health services, to all
20 incarcerated persons in the correctional institutions and
21 facilities, including the juvenile facilities, under its
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1 maintenance and control. In certain instances, contracts are
2 entered into with private entities (contractors) for the
3 purposes of providing those medical and dental services,
4 including mental health services. From time to time, under
5 and in accordance with the contracting and bidding
6 requirements of State law, the identity of the contractor or
7 contractors providing those services is changed or the
8 Department of Corrections resumes providing those medical,
9 mental health, or dental services.
10 (b) The General Assembly finds that disruption in the
11 provision of medical and dental services, including mental
12 health services, to incarcerated persons in correctional
13 institutions and facilities, including juvenile facilities,
14 of this State is detrimental to the operation of those
15 facilities, including the maintenance of security in those
16 facilities. The General Assembly further finds that such
17 disruption will be less likely if there is a transition
18 employment period when a new contractor replaces a previous
19 contractor in providing medical, dental, or mental health
20 services in correctional institutions and facilities,
21 including juvenile facilities, of this State.
22 (c) It is hereby declared to be the policy of the State
23 of Illinois that there shall be a transition employment
24 period when a new contractor replaces a previous contractor
25 in providing medical, dental, or mental health services in
26 correctional institutions and facilities, including juvenile
27 facilities, under the maintenance and control of the
28 Department of Corrections.
29 Section 10. Definitions. As used in this Act:
30 "Contractor" means an individual or entity having a
31 written or oral agreement to provide covered services in a
32 correctional facility. "Contractor" includes a subcontractor.
33 "Contractor" includes the Department of Corrections under the
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1 circumstances set forth in the definition of "new
2 contractor".
3 "Correctional facility" means a correctional institution
4 or facility, including a juvenile facility, under the
5 maintenance and control of the Department of Corrections.
6 "Covered services" mean the medical, dental, or mental
7 health services provided by a contractor and includes all
8 services, both direct and indirect, provided in connection
9 with those services.
10 "Employee" means a person employed by a contractor other
11 than a person employed in a bona fide supervisory or
12 managerial position as defined by applicable law.
13 "New contractor" means a contractor with written or oral
14 contract to provide covered services in a correctional
15 facility that were previously provided by a previous
16 contractor or that will no longer be provided by a previous
17 contractor when the previous contractor's contract expires.
18 The Department of Corrections shall be deemed to be a "new
19 contractor" for purposes of this Act when the Department of
20 Corrections resumes providing covered services that were
21 previously provided by a previous contractor.
22 "Previous contractor" means a contractor who had or has
23 an oral or written contract to provide covered services but
24 whose contract has expired or is expiring.
25 Section 15. Transition employment period.
26 (a) If there is a collective bargaining agreement in
27 effect with the new contractor on the effective date of the
28 new contract which covers employees of the previous
29 contractor, this Section shall not apply to the new
30 contractor.
31 (b) A new contractor shall employ, for a 90-day
32 transition employment period, employees who had been employed
33 by or were on the payroll of the previous contractor on the
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1 last working day immediately preceding the effective date of
2 the contract of the new contractor.
3 (c) A new contractor who is awarded an oral or written
4 contract to provide covered services shall maintain, for a
5 90-day transition employment period, the hours, wages,
6 benefits, and all other terms and working conditions in
7 effect for employees employed by or on the payroll of the
8 previous contractor on the last working day immediately
9 preceding the effective date of the contract of the new
10 contractor.
11 (d) No later than 10 days after a contract is awarded to
12 a new contractor, the previous contractor shall make
13 available to the new contractor the names of all employees of
14 the previous contractor, the date each employee was hired,
15 each employee's occupation classification, and each
16 employee's wages, hours, benefits, and other terms and
17 working conditions.
18 (e) If, at any time, the new contractor determines that
19 fewer employees are required to perform the covered services
20 than were employed by the previous contractor, the new
21 contractor shall retain employees by seniority within job
22 classifications.
23 (f) During the 90-day transition employment period, the
24 new contractor shall maintain a preferential hiring list of
25 employees not retained by the new contractor from which the
26 new contractor shall hire any additional employees as needed
27 by the new contractor.
28 (g) Except as provided in subsection (e), the new
29 contractor may not discharge an employee during the 90-day
30 transition employment period without just cause.
31 Section 20. Other requirements.
32 (a) No contractor shall receive a contract to provide
33 covered services unless the contractor has agreed to comply
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1 with this Act.
2 (b) All contracts for the provision of covered services
3 shall include the requirements set forth in Section 15 and an
4 agreement by the contractor to comply with this Act.
5 Section 25. Enforcement.
6 (a) If a person violates any provision of this Act, the
7 State of Illinois or the Department of Corrections may take
8 any action necessary to compel compliance, including but not
9 limited to, instituting a civil action for injunctive relief,
10 specific performance, or damages or a combination of those
11 remedies.
12 (b) If the State of Illinois or the Department of
13 Corrections brings an action to enforce this Act, any person,
14 organization, or association with a direct interest in
15 compliance with this Act may join in that enforcement action
16 as a real party in interest.
17 (c) If the State of Illinois or the Department of
18 Corrections declines to institute an action for enforcement
19 for violation of the transition employment period provisions
20 of this Act, any person, organization, or association with a
21 direct interest in compliance with this Act may institute a
22 civil action on his or her or its own behalf and on behalf of
23 the State of Illinois for injunctive relief, specific
24 performance, or damages or a combination of those remedies.
25 (d) Monetary damages for violation of this Act shall
26 include:
27 (i) For each employee discharged or removed from
28 employment in violation of this Act or not offered
29 re-employment as required by this Act, an amount equal to
30 the salary or wages that the employee would have received
31 but for the violation of this Act.
32 (ii) For each employee whose wages, hours,
33 benefits, or other terms and working conditions are
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1 altered in violation of this Act, an amount measured by
2 the difference between the salary or wages or monetary
3 value of benefits received and the amount that the
4 employee would have received but for the violation of
5 this Act.
6 (iii) In view of the difficulty in determining
7 actual damages incurred as a result of a violation of
8 this Act with respect to certain working conditions,
9 liquidated damages in the amount of $25 per day for each
10 employee who has been affected by a violation of this Act
11 or in an amount equal to the damages awarded under items
12 (i) and (ii) above, whichever is greater.
13 (iv) Reasonable attorney's fees and costs.
14 Section 90. Severability. The provisions of this Act are
15 severable under Section 1.31 of the Statute on Statutes.
16 Section 99. Effective date. This Act takes effect on
17 September 1, 1999.".