Full Text of SB3659 97th General Assembly
SB3659sam001 97TH GENERAL ASSEMBLY | Sen. Wm. Sam McCann Filed: 3/21/2012
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| 1 | | AMENDMENT TO SENATE BILL 3659
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3659 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 45-35 as follows:
| 6 | | (30 ILCS 500/45-35)
| 7 | | Sec. 45-35. Facilities for persons with severe | 8 | | disabilities. | 9 | | (a) Qualification. Supplies and services may be procured
| 10 | | without advertising or calling
for bids from any qualified | 11 | | not-for-profit agency for persons with severe disabilities | 12 | | that:
| 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 |
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| 1 | | or is an accredited vocational program that provides | 2 | | transition services to youth between the ages of 14 1/2 and | 3 | | 22 in accordance with individualized education plans under | 4 | | Section 14-8.03 of the School Code and that provides | 5 | | residential services at a child care institution, as | 6 | | defined under Section 2.06 of the Child Care Act of 1969, | 7 | | or at a group home, as defined under Section 2.16 of the | 8 | | Child Care Act of 1969 ; and
| 9 | | (3) meets the applicable Illinois Department of Human
| 10 | | Services just standards.
| 11 | | (b) Participation. To participate, the not-for-profit
| 12 | | agency must have indicated an
interest in providing the | 13 | | supplies and services, must meet the
specifications and needs | 14 | | of the
using agency, and must set a fair market price.
| 15 | | (c) Committee. There is created within the Department of
| 16 | | Central Management
Services a committee to facilitate the | 17 | | purchase of products and
services of persons so severely
| 18 | | disabled by a physical, developmental, or mental disability or | 19 | | a combination of any of those disabilities that they cannot
| 20 | | engage in normal competitive
employment. This committee is | 21 | | called the State Use Committee. The committee shall consist of | 22 | | the Director of the
Department of Central
Management Services | 23 | | or his or her designee, the Director of the Department
of Human | 24 | | Services or his or her designee, one public member representing | 25 | | private business who is knowledgeable of the employment needs | 26 | | and concerns of persons with developmental disabilities, one |
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| 1 | | public member representing private business who is | 2 | | knowledgeable of the needs and concerns of rehabilitation | 3 | | facilities, one public member who is knowledgeable of the | 4 | | employment needs and concerns of persons with developmental | 5 | | disabilities, one public member who is knowledgeable of the | 6 | | needs and concerns of rehabilitation facilities, and 2 public | 7 | | members from a statewide association that represents | 8 | | community-based rehabilitation facilities, all appointed by | 9 | | the
Governor. The public
members shall serve 2 year terms, | 10 | | commencing upon appointment and
every 2 years thereafter.
A | 11 | | public member may be reappointed, and vacancies shall be filled | 12 | | by
appointment for the
completion of the term. In the event | 13 | | there is a vacancy on the Committee, the Governor must make an | 14 | | appointment to fill that vacancy within 30 calendar days after | 15 | | the notice of vacancy. The members shall serve without
| 16 | | compensation but shall be reimbursed
for expenses at a rate | 17 | | equal to that of State employees on a per
diem basis by the | 18 | | Department
of Central Management Services. All members shall be | 19 | | entitled to
vote on issues before the
committee.
| 20 | | The committee shall have the following powers and duties:
| 21 | | (1) To request from any State agency information as to
| 22 | | product specification
and service requirements in order to | 23 | | carry out its purpose.
| 24 | | (2) To meet quarterly or more often as necessary to
| 25 | | carry out its purposes.
| 26 | | (3) To request a quarterly report from each
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| 1 | | participating qualified not-for-profit agency for persons | 2 | | with severe disabilities describing the volume of sales for | 3 | | each product or
service sold under this Section.
| 4 | | (4) To prepare a report for the Governor annually.
| 5 | | (5) To prepare a publication that lists all supplies
| 6 | | and services currently
available from any qualified | 7 | | not-for-profit agency for persons with severe | 8 | | disabilities. This list and
any revisions shall be | 9 | | distributed to all purchasing agencies.
| 10 | | (6) To encourage diversity in supplies and services
| 11 | | provided by qualified not-for-profit agencies for persons | 12 | | with severe disabilities and discourage unnecessary | 13 | | duplication or
competition among facilities.
| 14 | | (7) To develop guidelines to be followed by qualifying
| 15 | | agencies for
participation under the provisions of this | 16 | | Section. The
guidelines shall be developed within
6 months | 17 | | after the effective date of this Code and made available
on | 18 | | a nondiscriminatory basis
to all qualifying agencies.
| 19 | | (8) To review all bids submitted under the provisions
| 20 | | of this Section and reject
any bid for any purchase that is | 21 | | determined to be substantially
more than the purchase would
| 22 | | have cost had it been competitively bid.
| 23 | | (9) To develop a 5-year plan for increasing the number | 24 | | of products and services purchased from qualified | 25 | | not-for-profit agencies for persons with severe | 26 | | disabilities, including the feasibility of developing |
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| 1 | | mandatory set-aside contracts. This 5-year plan must be | 2 | | developed no later than 180 calendar days after the | 3 | | effective date of this amendatory Act of the 96th General | 4 | | Assembly. | 5 | | (c-5) Conditions for Use. Each chief procurement officer | 6 | | shall, in consultation with the State Use Committee, determine | 7 | | which articles, materials, services, food stuffs, and supplies | 8 | | that are produced, manufactured, or provided by persons with | 9 | | severe disabilities in qualified not-for-profit agencies shall | 10 | | be given preference by purchasing agencies procuring those | 11 | | items. | 12 | | (d) Former committee. The committee created under
| 13 | | subsection (c) shall replace the
committee created under | 14 | | Section 7-2 of the Illinois Purchasing Act,
which shall
| 15 | | continue to operate until the appointments under subsection (c)
| 16 | | are made.
| 17 | | (Source: P.A. 96-634, eff. 8-24-09.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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