Illinois General Assembly - Full Text of SB3659
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Full Text of SB3659  97th General Assembly


Sen. Wm. Sam McCann

Filed: 3/21/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3659 by replacing
3everything after the enacting clause with the following:
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



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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
12agency must have indicated an interest in providing the
13supplies and services, must meet the specifications and needs
14of the using agency, and must set a fair market price.
15    (c) Committee. There is created within the Department of
16Central Management Services a committee to facilitate the
17purchase of products and services of persons so severely
18disabled by a physical, developmental, or mental disability or
19a combination of any of those disabilities that they cannot
20engage in normal competitive employment. This committee is
21called the State Use Committee. The committee shall consist of
22the Director of the Department of Central Management Services
23or his or her designee, the Director of the Department of Human
24Services or his or her designee, one public member representing
25private business who is knowledgeable of the employment needs
26and concerns of persons with developmental disabilities, one



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1public member representing private business who is
2knowledgeable of the needs and concerns of rehabilitation
3facilities, one public member who is knowledgeable of the
4employment needs and concerns of persons with developmental
5disabilities, one public member who is knowledgeable of the
6needs and concerns of rehabilitation facilities, and 2 public
7members from a statewide association that represents
8community-based rehabilitation facilities, all appointed by
9the Governor. The public members shall serve 2 year terms,
10commencing upon appointment and every 2 years thereafter. A
11public member may be reappointed, and vacancies shall be filled
12by appointment for the completion of the term. In the event
13there is a vacancy on the Committee, the Governor must make an
14appointment to fill that vacancy within 30 calendar days after
15the notice of vacancy. The members shall serve without
16compensation but shall be reimbursed for expenses at a rate
17equal to that of State employees on a per diem basis by the
18Department of Central Management Services. All members shall be
19entitled 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
6shall, in consultation with the State Use Committee, determine
7which articles, materials, services, food stuffs, and supplies
8that are produced, manufactured, or provided by persons with
9severe disabilities in qualified not-for-profit agencies shall
10be given preference by purchasing agencies procuring those
12    (d) Former committee. The committee created under
13subsection (c) shall replace the committee created under
14Section 7-2 of the Illinois Purchasing Act, which shall
15continue to operate until the appointments under subsection (c)
16are made.
17(Source: P.A. 96-634, eff. 8-24-09.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".