Public Act 102-0343
 
HB0292 EnrolledLRB102 09989 KTG 15307 b


  
    AN ACT concerning public aid.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Procurement Code is amended  by 
changing Section 45-35 as follows:
 


    (30 ILCS 500/45-35)



    Sec. 45-35. Not-for-profit agencies for persons with 
significant disabilities. 
    (a) Qualification.  Supplies and services may be procured

without advertising or calling
for bids from any qualified 
not-for-profit agency for persons with significant 
disabilities that: 

        (1) complies with Illinois laws governing private

    not-for-profit organizations;

        (2) is certified as a work center by the Wage
and Hour 
    Division of the
United States Department of Labor or is an 
    accredited vocational program that provides transition 
    services to youth between the ages of 14 1/2 and 22 in 
    accordance with individualized education plans under 
    Section 14-8.03 of the School Code and that provides 
    residential services at a child care institution, as 
    defined under Section 2.06 of the Child Care Act of 1969,  
    or at a group home, as defined under Section 2.16 of the 
    Child Care Act of 1969; and

        (3) is accredited by a nationally-recognized 
    accrediting organization or certified as a developmental 
    training provider by the Department of Human
Services.

    (b) Participation.  To participate, the not-for-profit

agency must have indicated an
interest in providing the 
supplies and services, must meet the
specifications and needs 
of the
using agency, and must set a fair and reasonable price.

    (c) Committee.  There is created within the Department of

Central Management
Services a committee to facilitate the 
purchase of products and
services from not-for-profit agencies 
that provide employment opportunities to persons with physical 
disabilities, intellectual or developmental disabilities, 
mental illnesses, or any combination thereof of persons with a 
significant physical, developmental, or mental disability or a 
combination of any of those disabilities who cannot
engage in 
normal competitive
employment due to the significant 
disability or combination of those disabilities.  This 
committee is called the State Use Committee. The State Use 
Committee shall consist of the Director of the
Department of 
Central
Management Services or his or her designee, the 
Secretary Director of the Department
of Human Services or his 
or her designee, the Director of Commerce and Economic 
Opportunity or his or her designee, one public member 
representing private business who is knowledgeable of the 
employment needs and concerns of persons with developmental 
disabilities, one public member representing private business 
who is knowledgeable of the needs and concerns of 
rehabilitation facilities, one public member who is 
knowledgeable of the employment needs and concerns of persons 
with developmental disabilities, one public member who is 
knowledgeable of the needs and concerns of rehabilitation 
facilities, 2 members who have a disability, and 2 public 
members from a statewide association that represents 
community-based rehabilitation facilities serving or 
supporting individuals with intellectual or developmental 
disabilities, and one public member from a disability-focused 
statewide advocacy group, all appointed by the
Governor.  The 
public
members shall serve 2 year terms, commencing upon 
appointment and
every 2 years thereafter.
A public member may 
be reappointed, and vacancies shall be filled by
appointment 
for the
completion of the term.  In the event there is a vacancy 
on the State Use Committee, the Governor must make an 
appointment to fill that vacancy within 30 calendar days after 
the notice of vacancy. The members shall serve without

compensation but shall be reimbursed
for expenses at a rate 
equal to that of State employees on a per
diem basis by the 
Department
of Central Management Services.  All members shall 
be entitled to
vote on issues before the
State Use Committee.

    The State Use Committee shall have the following powers 
and duties:

        (1) To request from any State agency information as to

    product specification
and service requirements in order to 
    carry out its purpose.

        (2) To meet quarterly or more often as necessary to

    carry out its purposes.

        (3) To request a quarterly report from each

    participating qualified not-for-profit agency for persons 
    with significant disabilities describing the volume of 
    sales for each product or
service sold under this Section.

        (4) To prepare a report for the Governor and General 
    Assembly no later than December 31 of each year. The 
    requirement for reporting to the General Assembly shall be 
    satisfied by following the procedures set forth in  Section 
    3.1 of the General Assembly Organization Act. 

        (5) To prepare a publication that lists all supplies

    and services currently
available from any qualified 
    not-for-profit agency for persons with significant 
    disabilities.  This list and
any revisions shall be 
    distributed to all purchasing agencies.

        (6) To encourage diversity in supplies and services

    provided by qualified not-for-profit agencies for persons 
    with significant disabilities and discourage unnecessary 
    duplication or
competition among not-for-profit agencies.

        (7) To develop guidelines to be followed by qualifying

    agencies for
participation under the provisions of this 
    Section.  Guidelines shall include a list of national 
    accrediting organizations which satisfy the requirements 
    of item (3) of subsection (a) of this Section. The

    guidelines shall be developed within
6 months after the 
    effective date of this Code and made available
on a 
    nondiscriminatory basis
to all qualifying agencies. The 
    new guidelines required under this item (7) by Public Act 
    100-203 this amendatory Act of the 100th General Assembly 
    shall be developed within 6 months after August 18, 2017 
    (the effective date of Public Act 100-203) this amendatory 
    Act of the 100th General Assembly and made available on a 
    non-discriminatory basis to all qualifying not-for-profit 
    agencies.  

        (8) To review all pricing submitted under the 
    provisions
of this Section and may approve a proposed 
    agreement for supplies or services where the price 
    submitted is fair and reasonable. Review of pricing under 
    this paragraph may include, but is not limited to: 

            (A) Amounts private businesses would pay for 
        similar products or services.
            (B) Amounts the federal government would pay 
        contractors for similar products or services.
            (C) The amount paid by the State for similar 
        products or services.
            (D) The actual cost of manufacturing the product 
        or performing a service at a community rehabilitation 
        program offering employment services on or off 
        premises to persons with disabilities or mental 
        illnesses, with adequate consideration given to legal 
        and moral imperatives to pay workers with disabilities 
        equitable wages.
            (E) The usual, customary, and reasonable costs of 
        manufacturing, marketing, and distribution. 
        (9) To, not less than every 3 years, adopt a strategic 
    plan for increasing the number of products and services 
    purchased from qualified not-for-profit agencies for 
    persons with significant disabilities or mental illnesses, 
    including the feasibility of developing mandatory 
    set-aside contracts. 
    (c-5) Conditions for Use. Each chief procurement officer 
shall, in consultation with the State Use Committee, determine 
which articles, materials, services, food stuffs, and supplies 
that are produced, manufactured, or provided by persons with 
significant disabilities in qualified not-for-profit agencies 
shall be given preference by purchasing agencies procuring 
those items. 
    (d) (Blank).

    (e) Subcontracts. Subcontracts shall be permitted for 
agreements authorized under this Section. For the purposes of 
this subsection (e), "subcontract" means any acquisition from 
another source of supplies, not including raw materials, or 
services required by a qualified not-for-profit agency to 
provide the supplies or services that are the subject of the 
contract between the State and the qualified not-for-profit 
agency.
    The State Use Committee shall develop guidelines to be 
followed by qualified not-for-profit agencies when seeking and 
establishing subcontracts with other persons or not-for-profit 
agencies in order to fulfill State contract requirements. 
These guidelines shall include the following: 
        (i) The State Use Committee must approve all 
    subcontracts and substantive amendments to subcontracts 
    prior to execution or amendment of the subcontract.
        (ii) A qualified not-for-profit agency shall not enter 
    into a subcontract, or any combination of subcontracts, to 
    fulfill an entire requirement, contract, or order without 
    written State Use Committee approval.
        (iii) A qualified not-for-profit agency shall make 
    reasonable efforts to utilize subcontracts with other 
    not-for-profit agencies for persons with significant 
    disabilities.
        (iv) For any subcontract not currently performed by a 
    qualified not-for-profit agency, the primary qualified 
    not-for-profit agency must provide to the State Use 
    Committee the following: (A) a written explanation as to 
    why the subcontract is not performed by a qualified 
    not-for-profit agency, and (B) a written plan to transfer 
    the subcontract to a qualified not-for-profit agency, as 
    reasonable. 
(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)

 
    Section 10. The Illinois Public Aid Code is amended  by 
adding Section 5-36.1 as follows:
 
    (305 ILCS 5/5-36.1 new)
    Sec. 5-36.1. Earned income for residents of 
community-integrated living arrangements.
    (a) Beginning no later than July 1, 2021, residents of 
facilities licensed under the Community-Integrated Living 
Arrangements Licensure and Certification Act who are 
determined to be eligible for medical assistance under this 
Code and who are enrolled in the State's home and 
community-based services waiver program for adults with 
developmental disabilities shall retain all earned income from 
employment or community day services activities.
    (b)   No portion of earned income shall be applied toward 
the facilities rate reimbursement methodology. The Department 
of Human Services shall ensure the rates of payments paid to 
facilities under the Code are held harmless.
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.