SB1602 96TH GENERAL ASSEMBLY

LRB096 10304 JAM 20474 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1602

Introduced 2/19/2009, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

New Act

Creates the Public Service Accountability Act. Specifies the conditions under which a State executive branch agency may enter into a contract with a private entity for the performance of services currently performed by public employees.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Public Service Accountability Act.

Section 5. Definitions. For purposes of this Act:

"State agency" or "agency" means an executive office, department, division, board, commission, or other office or officer in the executive branch of State government.

"Services" means, with respect to a third-party contractor, all aspects of the provision of services provided by a private contractor pursuant to a third-party contract, or any services provided by a subcontractor of a third-party contractor.

"Person" means an individual, institution, federal, State, or local governmental entity, or any other public or private entity.

"Third-party contract" means an agreement or combination or series of agreements by which a non-governmental person or entity agrees with a State agency to provide services valued at $50,000 or more that are substantially similar to and in lieu of services that have been provided or that could have been provided, in whole or in part, by regular employees of an agency.

"Private contractor" means any entity that enters into a third-party contract as that term is defined in this Section.

"Public employee" means an employee of any State department or agency.

Section 10. Third-party contracts; requirements.

(a) A State agency may enter into a contract with a third party for services currently performed by public employees upon 90 days written notice to the affected employees and any collective bargaining agent they may have; provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, affecting any employees who currently perform the services;

(2) a contract may take effect only upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the services shall provide the following:

(A) evidence of liability insurance of adequate scope and amount;

(B) a benefits package for the third party's employees who will perform the services comparable to the benefits package provided to employees who perform those services;

(C) a list of the number of employees who will provide the services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the State agency, for each and every expenditure category and account for performing the services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the State agency; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that each of its employees has completed a criminal background check within 3 months prior to submission of the bid, provided that the results of those background checks need not be provided with the submission of the bid, but must be made available upon request of the State agency.

(4) a contract must not be entered into unless the State agency provides a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the State agency projects it would incur over the term of the contract if it continued to perform the services using its own employees with each and every expenditure category and account that is projected a third party would incur if a third party performed the services;

(5) review and consideration of all bids by third parties to perform the services shall take place in open session of a meeting announced and scheduled in accordance with the guidelines normally followed for meetings covered by the Open Meetings Act;

(6) a minimum of 2 public hearings to discuss the State agency's proposal to contract with a third party to perform services must be held before the State agency may enter into such a contract; the State agency must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified employees who are laid off because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the State agency may enter into a contract, of no longer than 3 months in duration, with a third party for services currently performed by an employee for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the employees or the direct recipients of services, provided that the State agency meets all of its obligations under the Illinois Public Labor Relations Act.

(c) For purposes of this Section, "third-party contract" does not include an agreement with the Department of Human Services to provide services under a rate structure that defines wage rates.