SB1602sam001 96TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/24/2009

09600SB1602sam001 LRB096 11987 JAM 23665 a

AMENDMENT TO SENATE BILL 1602

AMENDMENT NO. ______. Amend Senate Bill 1602 by replacing everything after the enacting clause with the following:

"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 contract, 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 private contractor.

"Person" means an individual or a non-governmental institution or entity.

"Third-party contract" means an agreement or combination or series of agreements by which a private contractor 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 by public employees of a State agency.

"Private contractor" means any person that submits a bid to enter into or who enters into a third-party contract as that term is defined in this Section.

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

Section 10. Third-party contracts; requirements.

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

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

(2) a third-party contract may take effect only upon the expiration of an existing collective bargaining agreement applicable to the affected public employees;

(3) any private contractor 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 private contractor's employees who will perform the services comparable to the benefits package provided to public 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 private contractor will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the private contractor 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 private contractor, 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 third-party 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 third-party contract if it continued to perform the services using its own public employees with each and every expenditure category and account that is projected a private contractor would incur if a private contractor performed the services;

(5) review and consideration of all bids by private contractors 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 private contractor to perform services must be held before the State agency may enter into a third-party 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 a third-party contract, whichever provides a greater period of notice;

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

(8) a third-party contract shall contain provisions requiring the private 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 third-party contract, of no longer than 3 months in duration, with a private contractor for services currently performed by a public employee or employees for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the public 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. For purposes of this Section, "third-party contract" does not include an agreement between a State agency and a private contractor (i) in effect on the effective date of this Act; (ii) for services substantially similar to services provided, in whole or in part, by a private contractor to the State agency on or before the effective date of this Act; or (iii) for professional services, such as audit, accounting, legal, architectural, or engineering services.".