Full Text of HB4724 95th General Assembly
HB4724 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4724
Introduced , by Rep. Gary Hannig SYNOPSIS AS INTRODUCED: |
|
|
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
|
|
|
|
|
HB4724 |
|
LRB095 16827 JAM 42865 b |
|
| 1 |
| AN ACT concerning State government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Short title. This Act may be cited as the Public | 5 |
| Service Accountability Act. | 6 |
| Section 5. Definitions. For purposes of this Act: | 7 |
| "State agency" or "agency" means an executive office, | 8 |
| department, division, board, commission, or other office or | 9 |
| officer in the executive branch of State government. | 10 |
| "Services" means, with respect to a third-party | 11 |
| contractor, all aspects of the provision of services provided | 12 |
| by a private contractor pursuant to a third-party contract, or | 13 |
| any services provided by a subcontractor of a third-party | 14 |
| contractor. | 15 |
| "Person" means an individual, institution, federal, State, | 16 |
| or local governmental entity, or any other public or private | 17 |
| entity. | 18 |
| "Third-party contract" means an agreement or combination | 19 |
| or series of agreements by which a non-governmental person or | 20 |
| entity agrees with a State agency to provide services valued at | 21 |
| $50,000 or more that are substantially similar to and in lieu | 22 |
| of services that have been provided or that could have been | 23 |
| provided, in whole or in part, by regular employees of an |
|
|
|
HB4724 |
- 2 - |
LRB095 16827 JAM 42865 b |
|
| 1 |
| agency. | 2 |
| "Private contractor" means any entity that enters into a | 3 |
| third-party contract as that term is defined in this Section. | 4 |
| "Public employee" means an employee of any State department | 5 |
| or agency. | 6 |
| Section 10. Third-party contracts; requirements. | 7 |
| (a) A State agency may enter into a contract with a third | 8 |
| party for services currently performed by public employees upon | 9 |
| 90 days written notice to the affected employees and any | 10 |
| collective bargaining agent they may have; provided that: | 11 |
| (1) a contract must not be entered into and become | 12 |
| effective during the term of a collective bargaining | 13 |
| agreement, affecting any employees who currently perform | 14 |
| the services; | 15 |
| (2) a contract may take effect only upon the expiration | 16 |
| of an existing collective bargaining agreement; | 17 |
| (3) any third party that submits a bid to perform the | 18 |
| services shall provide the following: | 19 |
| (A) evidence of liability insurance of adequate | 20 |
| scope and amount; | 21 |
| (B) a benefits package for the third party's | 22 |
| employees who will perform the services comparable to | 23 |
| the benefits package provided to employees who perform | 24 |
| those services; | 25 |
| (C) a list of the number of employees who will |
|
|
|
HB4724 |
- 3 - |
LRB095 16827 JAM 42865 b |
|
| 1 |
| provide the services, the job classifications of those | 2 |
| employees, and the wages the third party will pay those | 3 |
| employees; | 4 |
| (D) a minimum 3-year cost projection, using | 5 |
| generally accepted accounting principles and which the | 6 |
| third party is prohibited from increasing if the bid is | 7 |
| accepted by the State agency, for each and every | 8 |
| expenditure category and account for performing the | 9 |
| services; | 10 |
| (E) composite information about the criminal and | 11 |
| disciplinary records, including alcohol or other | 12 |
| substance abuse, Department of Children and Family | 13 |
| Services complaints and investigations, traffic | 14 |
| violations, and license revocations or any other | 15 |
| licensure problems, of any employees who may perform | 16 |
| the services, provided that the individual names and | 17 |
| other identifying information of employees need not be | 18 |
| provided with the submission of the bid, but must be | 19 |
| made available upon request of the State agency; and | 20 |
| (F) an affidavit, notarized by the president or | 21 |
| chief executive officer of the third party, that each | 22 |
| of its employees has completed a criminal background | 23 |
| check within 3 months prior to submission of the bid, | 24 |
| provided that the results of those background checks | 25 |
| need not be provided with the submission of the bid, | 26 |
| but must be made available upon request of the State |
|
|
|
HB4724 |
- 4 - |
LRB095 16827 JAM 42865 b |
|
| 1 |
| agency. | 2 |
| (4) a contract must not be entered into unless the | 3 |
| State agency provides a cost comparison, using generally | 4 |
| accepted accounting principles, of each and every | 5 |
| expenditure category and account that the State agency | 6 |
| projects it would incur over the term of the contract if it | 7 |
| continued to perform the services using its own employees | 8 |
| with each and every expenditure category and account that | 9 |
| is projected a third party would incur if a third party | 10 |
| performed the services; | 11 |
| (5) review and consideration of all bids by third | 12 |
| parties to perform the services shall take place in open | 13 |
| session of a meeting announced and scheduled in accordance | 14 |
| with the guidelines normally followed for meetings covered | 15 |
| by the Open Meetings Act; | 16 |
| (6) a minimum of 2 public hearings to discuss the State | 17 |
| agency's proposal to contract with a third party to perform | 18 |
| services must be held before the State agency may enter | 19 |
| into such a contract; the State agency must provide notice | 20 |
| to the public of the date, time, and location of the first | 21 |
| public hearing on or before the initial date that bids to | 22 |
| provide the services are solicited or a minimum of 30 days | 23 |
| prior to entering into such a contract, whichever provides | 24 |
| a greater period of notice; | 25 |
| (7) a contract shall contain provisions requiring the | 26 |
| contractor to offer available employee positions pursuant |
|
|
|
HB4724 |
- 5 - |
LRB095 16827 JAM 42865 b |
|
| 1 |
| to the contract to qualified employees who are laid off | 2 |
| because of the contract; and | 3 |
| (8) a contract shall contain provisions requiring the | 4 |
| contractor to comply with a policy of nondiscrimination and | 5 |
| equal employment opportunity for all persons and to take | 6 |
| affirmative steps to provide equal opportunity for all | 7 |
| persons. | 8 |
| (b) Notwithstanding subsection (a) of this Section, the | 9 |
| State agency may enter into a contract, of no longer than 3 | 10 |
| months in duration, with a third party for services currently | 11 |
| performed by an employee for the purpose of augmenting the | 12 |
| current workforce in an emergency situation that threatens the | 13 |
| safety or health of the employees or the direct recipients of | 14 |
| services, provided that the State agency meets all of its | 15 |
| obligations under the Illinois Public Labor Relations Act.
|
|