Illinois General Assembly - Full Text of HB0292
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Full Text of HB0292  102nd General Assembly




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1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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. Not-for-profit agencies for persons with
8significant disabilities.
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 significant
12disabilities that:
13        (1) complies with Illinois laws governing private
14    not-for-profit organizations;
15        (2) is certified as a work center by the Wage and Hour
16    Division of the United States Department of Labor or is an
17    accredited vocational program that provides transition
18    services to youth between the ages of 14 1/2 and 22 in
19    accordance with individualized education plans under
20    Section 14-8.03 of the School Code and that provides
21    residential services at a child care institution, as
22    defined under Section 2.06 of the Child Care Act of 1969,
23    or at a group home, as defined under Section 2.16 of the



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1    Child Care Act of 1969; and
2        (3) is accredited by a nationally-recognized
3    accrediting organization or certified as a developmental
4    training provider by the Department of Human Services.
5    (b) Participation. To participate, the not-for-profit
6agency must have indicated an interest in providing the
7supplies and services, must meet the specifications and needs
8of the using agency, and must set a fair and reasonable price.
9    (c) Committee. There is created within the Department of
10Central Management Services a committee to facilitate the
11purchase of products and services from not-for-profit agencies
12that provide employment opportunities to persons with physical
13disabilities, intellectual or developmental disabilities,
14mental illnesses, or any combination thereof of persons with a
15significant physical, developmental, or mental disability or a
16combination of any of those disabilities who cannot engage in
17normal competitive employment due to the significant
18disability or combination of those disabilities. This
19committee is called the State Use Committee. The State Use
20Committee shall consist of the Director of the Department of
21Central Management Services or his or her designee, the
22Secretary Director of the Department of Human Services or his
23or her designee, the Director of Commerce and Economic
24Opportunity or his or her designee, one public member
25representing private business who is knowledgeable of the
26employment needs and concerns of persons with developmental



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1disabilities, one public member representing private business
2who is knowledgeable of the needs and concerns of
3rehabilitation facilities, one public member who is
4knowledgeable of the employment needs and concerns of persons
5with developmental disabilities, one public member who is
6knowledgeable of the needs and concerns of rehabilitation
7facilities, 2 members who have a disability, and 2 public
8members from a statewide association that represents
9community-based rehabilitation facilities serving or
10supporting individuals with intellectual or developmental
11disabilities, and one public member from a disability-focused
12statewide advocacy group, all appointed by the Governor. The
13public members shall serve 2 year terms, commencing upon
14appointment and every 2 years thereafter. A public member may
15be reappointed, and vacancies shall be filled by appointment
16for the completion of the term. In the event there is a vacancy
17on the State Use Committee, the Governor must make an
18appointment to fill that vacancy within 30 calendar days after
19the notice of vacancy. The members shall serve without
20compensation but shall be reimbursed for expenses at a rate
21equal to that of State employees on a per diem basis by the
22Department of Central Management Services. All members shall
23be entitled to vote on issues before the State Use Committee.
24    The State Use Committee shall have the following powers
25and duties:
26        (1) To request from any State agency information as to



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1    product specification and service requirements in order to
2    carry out its purpose.
3        (2) To meet quarterly or more often as necessary to
4    carry out its purposes.
5        (3) To request a quarterly report from each
6    participating qualified not-for-profit agency for persons
7    with significant disabilities describing the volume of
8    sales for each product or service sold under this Section.
9        (4) To prepare a report for the Governor and General
10    Assembly no later than December 31 of each year. The
11    requirement for reporting to the General Assembly shall be
12    satisfied by following the procedures set forth in Section
13    3.1 of the General Assembly Organization Act.
14        (5) To prepare a publication that lists all supplies
15    and services currently available from any qualified
16    not-for-profit agency for persons with significant
17    disabilities. This list and any revisions shall be
18    distributed to all purchasing agencies.
19        (6) To encourage diversity in supplies and services
20    provided by qualified not-for-profit agencies for persons
21    with significant disabilities and discourage unnecessary
22    duplication or competition among not-for-profit agencies.
23        (7) To develop guidelines to be followed by qualifying
24    agencies for participation under the provisions of this
25    Section. Guidelines shall include a list of national
26    accrediting organizations which satisfy the requirements



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1    of item (3) of subsection (a) of this Section. The
2    guidelines shall be developed within 6 months after the
3    effective date of this Code and made available on a
4    nondiscriminatory basis to all qualifying agencies. The
5    new guidelines required under this item (7) by Public Act
6    100-203 this amendatory Act of the 100th General Assembly
7    shall be developed within 6 months after August 18, 2017
8    (the effective date of Public Act 100-203) this amendatory
9    Act of the 100th General Assembly and made available on a
10    non-discriminatory basis to all qualifying not-for-profit
11    agencies.
12        (8) To review all pricing submitted under the
13    provisions of this Section and may approve a proposed
14    agreement for supplies or services where the price
15    submitted is fair and reasonable. Review of pricing under
16    this paragraph may include, but is not limited to:
17            (A) Amounts private businesses would pay for
18        similar products or services.
19            (B) Amounts the federal government would pay
20        contractors for similar products or services.
21            (C) The amount paid by the State for similar
22        products or services.
23            (D) The actual cost of manufacturing the product
24        or performing a service at a community rehabilitation
25        program offering employment services on or off
26        premises to persons with disabilities or mental



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1        illnesses, with adequate consideration given to legal
2        and moral imperatives to pay workers with disabilities
3        equitable wages.
4            (E) The usual, customary, and reasonable costs of
5        manufacturing, marketing, and distribution.
6        (9) To, not less than every 3 years, adopt a strategic
7    plan for increasing the number of products and services
8    purchased from qualified not-for-profit agencies for
9    persons with significant disabilities or mental illnesses,
10    including the feasibility of developing mandatory
11    set-aside contracts.
12    (c-5) Conditions for Use. Each chief procurement officer
13shall, in consultation with the State Use Committee, determine
14which articles, materials, services, food stuffs, and supplies
15that are produced, manufactured, or provided by persons with
16significant disabilities in qualified not-for-profit agencies
17shall be given preference by purchasing agencies procuring
18those items.
19    (d) (Blank).
20    (e) Subcontracts. Subcontracts shall be permitted for
21agreements authorized under this Section. For the purposes of
22this subsection (e), "subcontract" means any acquisition from
23another source of supplies, not including raw materials, or
24services required by a qualified not-for-profit agency to
25provide the supplies or services that are the subject of the
26contract between the State and the qualified not-for-profit



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2    The State Use Committee shall develop guidelines to be
3followed by qualified not-for-profit agencies when seeking and
4establishing subcontracts with other persons or not-for-profit
5agencies in order to fulfill State contract requirements.
6These guidelines shall include the following:
7        (i) The State Use Committee must approve all
8    subcontracts and substantive amendments to subcontracts
9    prior to execution or amendment of the subcontract.
10        (ii) A qualified not-for-profit agency shall not enter
11    into a subcontract, or any combination of subcontracts, to
12    fulfill an entire requirement, contract, or order without
13    written State Use Committee approval.
14        (iii) A qualified not-for-profit agency shall make
15    reasonable efforts to utilize subcontracts with other
16    not-for-profit agencies for persons with significant
17    disabilities.
18        (iv) For any subcontract not currently performed by a
19    qualified not-for-profit agency, the primary qualified
20    not-for-profit agency must provide to the State Use
21    Committee the following: (A) a written explanation as to
22    why the subcontract is not performed by a qualified
23    not-for-profit agency, and (B) a written plan to transfer
24    the subcontract to a qualified not-for-profit agency, as
25    reasonable.
26(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)



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1    Section 10. The Illinois Public Aid Code is amended by
2adding Section 5-36.1 as follows:
3    (305 ILCS 5/5-36.1 new)
4    Sec. 5-36.1. Earned income for residents of
5community-integrated living arrangements.
6    (a) Beginning no later than October 1, 2022, residents of
7facilities licensed under the Community-Integrated Living
8Arrangements Licensure and Certification Act who are
9determined to be eligible for medical assistance under this
10Code and who are enrolled in the State's home and
11community-based services waiver program for adults with
12developmental disabilities shall retain all earned income from
13employment or community day services activities.
14    (b) No portion of earned income shall be applied toward
15the facilities rate reimbursement methodology. The Department
16of Human Services shall ensure the rates of payments paid to
17facilities under the Code are held harmless.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.