101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2957

 

Introduced 2/4/2020, by Sen. Andy Manar

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/45-35

    Amends the Illinois Procurement Code. Provides that any qualified not-for-profit agency for persons with significant disabilities entering into a contract with the State for supplies and services under specified provisions shall offer a minimum hourly wage to its employees that is set at or above the State minimum wage.


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A BILL FOR

 

SB2957LRB101 19581 RJF 69056 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 45-35 as follows:
 
6    (30 ILCS 500/45-35)
7    Sec. 45-35. Not-for-profit agencies for persons with
8significant disabilities.
9    (a) Qualification. Supplies and services may be procured
10without advertising or calling for bids from any qualified
11not-for-profit agency for persons with significant
12disabilities that:
13        (1) complies with Illinois laws governing private
14    not-for-profit organizations;
15        (2) is certified as a work center by the Wage and Hour
16    Division of the United States Department of Labor or is an
17    accredited vocational program that provides transition
18    services to youth between the ages of 14 1/2 and 22 in
19    accordance with individualized education plans under
20    Section 14-8.03 of the School Code and that provides
21    residential services at a child care institution, as
22    defined under Section 2.06 of the Child Care Act of 1969,
23    or at a group home, as defined under Section 2.16 of the

 

 

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1    Child Care Act of 1969; and
2        (3) is accredited by a nationally-recognized
3    accrediting organization or certified as a developmental
4    training provider by the Department of Human Services.
5    Notwithstanding any provision of law to the contrary, any
6qualified not-for-profit agency for persons with significant
7disabilities entering into a contract for supplies and services
8under this Section shall offer a minimum hourly wage to its
9employees that is set at or above the State minimum wage
10established under Section 4 of the Minimum Wage Law.
11    (b) Participation. To participate, the not-for-profit
12agency must have indicated an interest in providing the
13supplies and services, must meet the specifications and needs
14of the using agency, and must set a fair and reasonable price.
15    (c) Committee. There is created within the Department of
16Central Management Services a committee to facilitate the
17purchase of products and services of persons with a significant
18physical, developmental, or mental disability or a combination
19of any of those disabilities who cannot engage in normal
20competitive employment due to the significant disability or
21combination of those disabilities. This committee is called the
22State Use Committee. The State Use Committee shall consist of
23the Director of the Department of Central Management Services
24or his or her designee, the Secretary Director of the
25Department of Human Services or his or her designee, one public
26member representing private business who is knowledgeable of

 

 

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1the employment needs and concerns of persons with developmental
2disabilities, one public member representing private business
3who is knowledgeable of the needs and concerns of
4rehabilitation facilities, one public member who is
5knowledgeable of the employment needs and concerns of persons
6with developmental disabilities, one public member who is
7knowledgeable of the needs and concerns of rehabilitation
8facilities, and 2 public members from a statewide association
9that represents community-based rehabilitation facilities, all
10appointed by the Governor. The public members shall serve 2
11year terms, commencing upon appointment and every 2 years
12thereafter. A public member may be reappointed, and vacancies
13shall be filled by appointment for the completion of the term.
14In the event there is a vacancy on the State Use Committee, the
15Governor must make an appointment to fill that vacancy within
1630 calendar days after the notice of vacancy. The members shall
17serve without compensation but shall be reimbursed for expenses
18at a rate equal to that of State employees on a per diem basis
19by the Department of Central Management Services. All members
20shall be entitled to vote on issues before the State Use
21Committee.
22    The State Use Committee shall have the following powers and
23duties:
24        (1) To request from any State agency information as to
25    product specification and service requirements in order to
26    carry out its purpose.

 

 

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1        (2) To meet quarterly or more often as necessary to
2    carry out its purposes.
3        (3) To request a quarterly report from each
4    participating qualified not-for-profit agency for persons
5    with significant disabilities describing the volume of
6    sales for each product or service sold under this Section.
7        (4) To prepare a report for the Governor and General
8    Assembly no later than December 31 of each year. The
9    requirement for reporting to the General Assembly shall be
10    satisfied by following the procedures set forth in Section
11    3.1 of the General Assembly Organization Act.
12        (5) To prepare a publication that lists all supplies
13    and services currently available from any qualified
14    not-for-profit agency for persons with significant
15    disabilities. This list and any revisions shall be
16    distributed to all purchasing agencies.
17        (6) To encourage diversity in supplies and services
18    provided by qualified not-for-profit agencies for persons
19    with significant disabilities and discourage unnecessary
20    duplication or competition among not-for-profit agencies.
21        (7) To develop guidelines to be followed by qualifying
22    agencies for participation under the provisions of this
23    Section. Guidelines shall include a list of national
24    accrediting organizations which satisfy the requirements
25    of item (3) of subsection (a) of this Section. The
26    guidelines shall be developed within 6 months after the

 

 

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1    effective date of this Code and made available on a
2    nondiscriminatory basis to all qualifying agencies. The
3    new guidelines required under this item (7) by Public Act
4    100-203 this amendatory Act of the 100th General Assembly
5    shall be developed within 6 months after August 18, 2017
6    (the effective date of Public Act 100-203) this amendatory
7    Act of the 100th General Assembly and made available on a
8    non-discriminatory basis to all qualifying not-for-profit
9    agencies.
10        (8) To review all pricing submitted under the
11    provisions of this Section and may approve a proposed
12    agreement for supplies or services where the price
13    submitted is fair and reasonable.
14        (9) To, not less than every 3 years, adopt a strategic
15    plan for increasing the number of products and services
16    purchased from qualified not-for-profit agencies for
17    persons with significant disabilities, including the
18    feasibility of developing mandatory set-aside contracts.
19    (c-5) Conditions for Use. Each chief procurement officer
20shall, in consultation with the State Use Committee, determine
21which articles, materials, services, food stuffs, and supplies
22that are produced, manufactured, or provided by persons with
23significant disabilities in qualified not-for-profit agencies
24shall be given preference by purchasing agencies procuring
25those items.
26    (d) (Blank).

 

 

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1    (e) Subcontracts. Subcontracts shall be permitted for
2agreements authorized under this Section. For the purposes of
3this subsection (e), "subcontract" means any acquisition from
4another source of supplies, not including raw materials, or
5services required by a qualified not-for-profit agency to
6provide the supplies or services that are the subject of the
7contract between the State and the qualified not-for-profit
8agency.
9    The State Use Committee shall develop guidelines to be
10followed by qualified not-for-profit agencies when seeking and
11establishing subcontracts with other persons or not-for-profit
12agencies in order to fulfill State contract requirements. These
13guidelines shall include the following:
14        (i) The State Use Committee must approve all
15    subcontracts and substantive amendments to subcontracts
16    prior to execution or amendment of the subcontract.
17        (ii) A qualified not-for-profit agency shall not enter
18    into a subcontract, or any combination of subcontracts, to
19    fulfill an entire requirement, contract, or order without
20    written State Use Committee approval.
21        (iii) A qualified not-for-profit agency shall make
22    reasonable efforts to utilize subcontracts with other
23    not-for-profit agencies for persons with significant
24    disabilities.
25        (iv) For any subcontract not currently performed by a
26    qualified not-for-profit agency, the primary qualified

 

 

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1    not-for-profit agency must provide to the State Use
2    Committee the following: (A) a written explanation as to
3    why the subcontract is not performed by a qualified
4    not-for-profit agency, and (B) a written plan to transfer
5    the subcontract to a qualified not-for-profit agency, as
6    reasonable.
7(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)