Full Text of SB1602 96th General Assembly
SB1602sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/24/2009
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| AMENDMENT TO SENATE BILL 1602
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| AMENDMENT NO. ______. Amend Senate Bill 1602 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Public 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 contract, | 11 |
| all aspects of the provision of services provided by a private | 12 |
| contractor pursuant to a third-party contract, or any services | 13 |
| provided by a subcontractor of a private contractor. | 14 |
| "Person" means an individual or a non-governmental | 15 |
| institution or entity. | 16 |
| "Third-party contract" means an agreement or combination |
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| or series of agreements by which a private contractor agrees | 2 |
| with a State agency to provide services valued at $50,000 or | 3 |
| more that are substantially similar to and in lieu of services | 4 |
| that have been provided by public employees of a State agency. | 5 |
| "Private contractor" means any person that submits a bid to | 6 |
| enter into or who enters into a third-party contract as that | 7 |
| term is defined in this Section. | 8 |
| "Public employee" means an employee of any State agency. | 9 |
| Section 10. Third-party contracts; requirements. | 10 |
| (a) A State agency may enter into a third-party contract | 11 |
| with a private contractor for services currently performed by | 12 |
| public employees upon 90 days written notice to the affected | 13 |
| public employees and any collective bargaining agent they may | 14 |
| have; provided that: | 15 |
| (1) a third-party contract must not be entered into and | 16 |
| become effective during the term of a collective bargaining | 17 |
| agreement, affecting any public employees who currently | 18 |
| perform the services; | 19 |
| (2) a third-party contract may take effect only upon | 20 |
| the expiration of an existing collective bargaining | 21 |
| agreement applicable to the affected public employees; | 22 |
| (3) any private contractor that submits a bid to | 23 |
| perform the services shall provide the following: | 24 |
| (A) evidence of liability insurance of adequate | 25 |
| scope and amount; |
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| (B) a benefits package for the private | 2 |
| contractor's employees who will perform the services | 3 |
| comparable to the benefits package provided to public | 4 |
| employees who perform those services; | 5 |
| (C) a list of the number of employees who will | 6 |
| provide the services, the job classifications of those | 7 |
| employees, and the wages the private contractor will | 8 |
| pay those employees; | 9 |
| (D) a minimum 3-year cost projection, using | 10 |
| generally accepted accounting principles and which the | 11 |
| private contractor is prohibited from increasing if | 12 |
| the bid is accepted by the State agency, for each and | 13 |
| every expenditure category and account for performing | 14 |
| the services; | 15 |
| (E) composite information about the criminal and | 16 |
| disciplinary records, including alcohol or other | 17 |
| substance abuse, Department of Children and Family | 18 |
| Services complaints and investigations, traffic | 19 |
| violations, and license revocations or any other | 20 |
| licensure problems, of any employees who may perform | 21 |
| the services, provided that the individual names and | 22 |
| other identifying information of employees need not be | 23 |
| provided with the submission of the bid, but must be | 24 |
| made available upon request of the State agency; and | 25 |
| (F) an affidavit, notarized by the president or | 26 |
| chief executive officer of the private contractor, |
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| that each of its employees has completed a criminal | 2 |
| background check within 3 months prior to submission of | 3 |
| the bid, provided that the results of those background | 4 |
| checks need not be provided with the submission of the | 5 |
| bid, but must be made available upon request of the | 6 |
| State agency. | 7 |
| (4) a third-party contract must not be entered into | 8 |
| unless the State agency provides a cost comparison, using | 9 |
| generally accepted accounting principles, of each and | 10 |
| every expenditure category and account that the State | 11 |
| agency projects it would incur over the term of the | 12 |
| third-party contract if it continued to perform the | 13 |
| services using its own public employees with each and every | 14 |
| expenditure category and account that is projected a | 15 |
| private contractor would incur if a private contractor | 16 |
| performed the services; | 17 |
| (5) review and consideration of all bids by private | 18 |
| contractors to perform the services shall take place in | 19 |
| open session of a meeting announced and scheduled in | 20 |
| accordance with the guidelines normally followed for | 21 |
| meetings covered by the Open Meetings Act; | 22 |
| (6) a minimum of 2 public hearings to discuss the State | 23 |
| agency's proposal to contract with a private contractor to | 24 |
| perform services must be held before the State agency may | 25 |
| enter into a third-party contract; the State agency must | 26 |
| provide notice to the public of the date, time, and |
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| location of the first public hearing on or before the | 2 |
| initial date that bids to provide the services are | 3 |
| solicited or a minimum of 30 days prior to entering into a | 4 |
| third-party contract, whichever provides a greater period | 5 |
| of notice; | 6 |
| (7) a third-party contract shall contain provisions | 7 |
| requiring the private contractor to offer available | 8 |
| employee positions pursuant to the third-party contract to | 9 |
| qualified public employees who are laid off because of the | 10 |
| third-party contract; and | 11 |
| (8) a third-party contract shall contain provisions | 12 |
| requiring the private contractor to comply with a policy of | 13 |
| nondiscrimination and equal employment opportunity for all | 14 |
| persons and to take affirmative steps to provide equal | 15 |
| opportunity for all persons. | 16 |
| (b) Notwithstanding subsection (a) of this Section, the | 17 |
| State agency may enter into a third-party contract, of no | 18 |
| longer than 3 months in duration, with a private contractor for | 19 |
| services currently performed by a public employee or employees | 20 |
| for the purpose of augmenting the current workforce in an | 21 |
| emergency situation that threatens the safety or health of the | 22 |
| public employees or the direct recipients of services, provided | 23 |
| that the State agency meets all of its obligations under the | 24 |
| Illinois Public Labor Relations Act. | 25 |
| (c) For purposes of this Section, "third-party contract" | 26 |
| does not include an agreement with the Department of Human |
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| Services to provide services under a rate structure that | 2 |
| defines wage rates. For purposes of this Section, "third-party | 3 |
| contract" does not include an agreement between a State agency | 4 |
| and a private contractor (i) in effect on the effective date of | 5 |
| this Act; (ii) for services substantially similar to services | 6 |
| provided, in whole or in part, by a private contractor to the | 7 |
| State agency on or before the effective date of this Act; or | 8 |
| (iii) for professional services, such as audit, accounting, | 9 |
| legal, architectural, or engineering services.".
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