Illinois General Assembly - Full Text of SB3659
Illinois General Assembly

Previous General Assemblies

Full Text of SB3659  97th General Assembly




SB3659 EngrossedLRB097 17406 PJG 62608 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. Facilities for persons with severe
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 severe disabilities
13        (1) complies with Illinois laws governing private
14    not-for-profit organizations;
15        (2) is certified as a sheltered workshop by the Wage
16    and Hour Division of the United States Department of Labor
17    or is an accredited vocational program that provides
18    transition services to youth between the ages of 14 1/2 and
19    22 in 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



SB3659 Engrossed- 2 -LRB097 17406 PJG 62608 b

1    Child Care Act of 1969; and
2        (3) meets the applicable Illinois Department of Human
3    Services just standards.
4    (b) Participation. To participate, the not-for-profit
5agency must have indicated an interest in providing the
6supplies and services, must meet the specifications and needs
7of the using agency, and must set a fair market price.
8    (c) Committee. There is created within the Department of
9Central Management Services a committee to facilitate the
10purchase of products and services of persons so severely
11disabled by a physical, developmental, or mental disability or
12a combination of any of those disabilities that they cannot
13engage in normal competitive employment. This committee is
14called the State Use Committee. The committee shall consist of
15the Director of the Department of Central Management Services
16or his or her designee, the Director of the Department of Human
17Services or his or her designee, one public member representing
18private business who is knowledgeable of the employment needs
19and concerns of persons with developmental disabilities, one
20public member representing private business who is
21knowledgeable of the needs and concerns of rehabilitation
22facilities, one public member who is knowledgeable of the
23employment needs and concerns of persons with developmental
24disabilities, one public member who is knowledgeable of the
25needs and concerns of rehabilitation facilities, and 2 public
26members from a statewide association that represents



SB3659 Engrossed- 3 -LRB097 17406 PJG 62608 b

1community-based rehabilitation facilities, all appointed by
2the Governor. The public members shall serve 2 year terms,
3commencing upon appointment and every 2 years thereafter. A
4public member may be reappointed, and vacancies shall be filled
5by appointment for the completion of the term. In the event
6there is a vacancy on the Committee, the Governor must make an
7appointment to fill that vacancy within 30 calendar days after
8the notice of vacancy. The members shall serve without
9compensation but shall be reimbursed for expenses at a rate
10equal to that of State employees on a per diem basis by the
11Department of Central Management Services. All members shall be
12entitled to vote on issues before the committee.
13    The committee shall have the following powers and duties:
14        (1) To request from any State agency information as to
15    product specification and service requirements in order to
16    carry out its purpose.
17        (2) To meet quarterly or more often as necessary to
18    carry out its purposes.
19        (3) To request a quarterly report from each
20    participating qualified not-for-profit agency for persons
21    with severe disabilities describing the volume of sales for
22    each product or service sold under this Section.
23        (4) To prepare a report for the Governor annually.
24        (5) To prepare a publication that lists all supplies
25    and services currently available from any qualified
26    not-for-profit agency for persons with severe



SB3659 Engrossed- 4 -LRB097 17406 PJG 62608 b

1    disabilities. This list and any revisions shall be
2    distributed to all purchasing agencies.
3        (6) To encourage diversity in supplies and services
4    provided by qualified not-for-profit agencies for persons
5    with severe disabilities and discourage unnecessary
6    duplication or competition among facilities.
7        (7) To develop guidelines to be followed by qualifying
8    agencies for participation under the provisions of this
9    Section. The guidelines shall be developed within 6 months
10    after the effective date of this Code and made available on
11    a nondiscriminatory basis to all qualifying agencies.
12        (8) To review all bids submitted under the provisions
13    of this Section and reject any bid for any purchase that is
14    determined to be substantially more than the purchase would
15    have cost had it been competitively bid.
16        (9) To develop a 5-year plan for increasing the number
17    of products and services purchased from qualified
18    not-for-profit agencies for persons with severe
19    disabilities, including the feasibility of developing
20    mandatory set-aside contracts. This 5-year plan must be
21    developed no later than 180 calendar days after the
22    effective date of this amendatory Act of the 96th General
23    Assembly.
24    (c-5) Conditions for Use. Each chief procurement officer
25shall, in consultation with the State Use Committee, determine
26which articles, materials, services, food stuffs, and supplies



SB3659 Engrossed- 5 -LRB097 17406 PJG 62608 b

1that are produced, manufactured, or provided by persons with
2severe disabilities in qualified not-for-profit agencies shall
3be given preference by purchasing agencies procuring those
5    (d) Former committee. The committee created under
6subsection (c) shall replace the committee created under
7Section 7-2 of the Illinois Purchasing Act, which shall
8continue to operate until the appointments under subsection (c)
9are made.
10(Source: P.A. 96-634, eff. 8-24-09.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.