093_SB0073sam001

 










                                     LRB093 10959 MKM 11537 a

 1                     AMENDMENT TO SENATE BILL 73

 2        AMENDMENT NO.     .  Amend Senate Bill 73 on page  1,  by
 3    replacing lines 22 through 24 with the following:
 4        ""State  agency"  or  "agency"  means  executive offices,
 5    departments,   divisions,   bureaus,   authorities,    bodies
 6    corporate  and  public  of the State, boards, commissions, or
 7    other offices or officers in the executive  branch  of  State
 8    government."; and

 9    on page 2, by replacing line 7 with the following:
10    "person  or  the person's employer as a result of reporting a
11    violation of this Act, including the cancellation"; and

12    on page  2,  by  replacing  lines  15  through  17  with  the
13    following:
14        "Person"  means  an individual, corporation, partnership,
15    firm, organization or association acting individually or as a
16    group, institution, federal,  State,  or  local  governmental
17    entity, or any other public or private entity."; and

18    on page 2, by replacing line 24 with the following:
19    "in  part,  by  regular employees of an agency. Any agreement
20    entered into  prior  to  the  effective  date  of  this  Act,
21    including   any  agreement  resulting  from  a  rebidding  or
22    previously privatized service or  an  agreement  renewing  or
 
                            -2-      LRB093 10959 MKM 11537 a
 1    extending  a privatization contract shall not be considered a
 2    privatization contract under this Act."; and

 3    on page 2, by replacing line 30 with the following:
 4        "Public record" means a public record as defined in"; and

 5    on page 3, by replacing line 3 with the following:
 6    "method  but  excluding  those  documents   that   would   be
 7    considered as exemptions under the Freedom of Information Act
 8    which  include  trade  secrets,  bid proposals, formulae, and
 9    designs."; and

10    on page 3, by replacing line 28 with the following:
11    ", without identifying employee names, for  each  similar  or
12    comparable  position in which a bidder will employ any person
13    pursuant to the privatization  contract  and  for  which  the
14    duties are substantially similar to the duties performed by a
15    regular agency employee or employees. In addition, the"; and

16    on  page  4,  by  replacing  lines  30  through  34  with the
17    following:
18        "employee whose duties are  most  similar  is  paid  plus
19        provision  of  comparable  health  insurance  and pension
20        contributions equivalent  to  the  benefit  paid  by  the
21        agency  for  those  employees  or  the  cash value of the
22        benefit; or
23             (2)  the  private  sector  compensation   rate,   or
24        prevailing  rate, including the value of health insurance
25        and other benefits, for that position"; and

26    on page 5, by replacing lines 23 and 24 with the following:
27    "failure to disclose as required by  either  the  Freedom  of
28    Information Act or this Act."; and

29    on page 5, by replacing line 33 with the following:
30    "employee   benefit   costs.  Upon  completion  of  the  cost
31    estimate,  the  State  agency  shall  notify   any   employee
 
                            -3-      LRB093 10959 MKM 11537 a
 1    organization   representing   agency  employees  who  may  be
 2    affected and provide a  copy  of  the  written  estimate  and
 3    notification  of  consideration to enter into a privatization
 4    contract. For the purposes of  this  estimate,  any  employee
 5    organization   may   propose   amendments   to  any  relevant
 6    collective bargaining agreement to which it is a  party.   An
 7    employee    organization    must    submit   amendments   for
 8    consideration within 35 working days prior to the  final  day
 9    for the agency to receive sealed bids."; and

10    on page 6, by deleting lines 1 through 4; and

11    on  page  6, line 5, by deleting "reduce the cost estimate.";
12    and

13    on page 7, by replacing line 24 with the following:
14    "disclosures and certification requirements required by  this
15    Act.  A  bidder  who  does  not  satisfy  the  disclosure and
16    certification requirements  of  this  Section  shall  not  be
17    awarded a privatization contract under this Act.".