Full Text of SB0339 103rd General Assembly
SB0339 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0339 Introduced 2/2/2023, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Changes the requirements that must be met by a not-for-profit agency for persons with significant disabilities in order for supplies or services to be procured from that agency without advertising or calling for bids. Deletes a provision that requires such an agency to be certified as a work center by the United States Department of Labor or to be an accredited vocational program that provides transition services to youth under a specified provision of the School Code. Requires such an agency to be either a disability-serving organization accredited by a nationally-recognized accrediting organization or a center for independent living. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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. Not-for-profit agencies for persons with | 8 | | significant 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 significant | 12 | | disabilities that:
| 13 | | (1) complies with Illinois laws governing private
| 14 | | not-for-profit organizations;
| 15 | | (2) (blank); and is certified as a work center by the | 16 | | Wage
and Hour Division of the
United States Department of | 17 | | Labor or is an accredited vocational program that provides | 18 | | transition services to youth between the ages of 14 1/2 | 19 | | and 22 in accordance with individualized education plans | 20 | | under 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 a disability-serving organization accredited by | 3 | | a nationally-recognized accrediting organization , | 4 | | including the Council of Quality Leadership or the | 5 | | Commission on Accreditation of Rehabilitation Facilities, | 6 | | or is a center for independent living or certified as a | 7 | | developmental training provider by the Department of Human
| 8 | | Services .
| 9 | | (b) Participation. To participate, the not-for-profit
| 10 | | agency must have indicated an
interest in providing the | 11 | | supplies and services, must meet the
specifications and needs | 12 | | of the
using agency, and must set a fair and reasonable price.
| 13 | | (c) Committee. There is created within the Department of
| 14 | | Central Management
Services a committee to facilitate the | 15 | | purchase of products and
services from not-for-profit agencies | 16 | | that provide employment opportunities to persons with physical | 17 | | disabilities, intellectual or developmental disabilities, | 18 | | mental illnesses, or any combination thereof. This committee | 19 | | is called the State Use Committee. The State Use Committee | 20 | | shall consist of the Director of the
Department of Central
| 21 | | Management Services or his or her designee, the Secretary of | 22 | | the Department
of Human Services or his or her designee, the | 23 | | Director of Commerce and Economic Opportunity or his or her | 24 | | designee, one public member representing private business who | 25 | | is knowledgeable of the employment needs and concerns of | 26 | | persons with developmental disabilities, one public member |
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| 1 | | representing private business who is knowledgeable of the | 2 | | needs and concerns of rehabilitation facilities, one public | 3 | | member who is knowledgeable of the employment needs and | 4 | | concerns of persons with developmental disabilities, one | 5 | | public member who is knowledgeable of the needs and concerns | 6 | | of rehabilitation facilities, 2 members who have a disability, | 7 | | 2 public members from a statewide association that represents | 8 | | community-based rehabilitation facilities serving or | 9 | | supporting individuals with intellectual or developmental | 10 | | disabilities, and one public member from a disability-focused | 11 | | statewide advocacy group, all appointed by the
Governor. The | 12 | | public
members shall serve 2 year terms, commencing upon | 13 | | appointment and
every 2 years thereafter.
A public member may | 14 | | be reappointed, and vacancies shall be filled by
appointment | 15 | | for the
completion of the term. In the event there is a vacancy | 16 | | on the State Use Committee, the Governor must make an | 17 | | appointment to fill that vacancy within 30 calendar days after | 18 | | the notice of vacancy. The members shall serve without
| 19 | | compensation but shall be reimbursed
for expenses at a rate | 20 | | equal to that of State employees on a per
diem basis by the | 21 | | Department
of Central Management Services. All members shall | 22 | | be entitled to
vote on issues before the
State Use Committee.
| 23 | | The State Use Committee shall have the following powers | 24 | | and duties:
| 25 | | (1) To request from any State agency information as to
| 26 | | product specification
and service requirements in order to |
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| 1 | | carry out its purpose.
| 2 | | (2) To meet quarterly or more often as necessary to
| 3 | | carry out its purposes.
| 4 | | (3) To request a quarterly report from each
| 5 | | participating qualified not-for-profit agency for persons | 6 | | with significant disabilities describing the volume of | 7 | | sales for each product or
service sold under this Section.
| 8 | | (4) To prepare a report for the Governor and General | 9 | | Assembly no later than December 31 of each year. The | 10 | | requirement for reporting to the General Assembly shall be | 11 | | satisfied by following the procedures set forth in Section | 12 | | 3.1 of the General Assembly Organization Act.
| 13 | | (5) To prepare a publication that lists all supplies
| 14 | | and services currently
available from any qualified | 15 | | not-for-profit agency for persons with significant | 16 | | disabilities. This list and
any revisions shall be | 17 | | distributed to all purchasing agencies.
| 18 | | (6) To encourage diversity in supplies and services
| 19 | | provided by qualified not-for-profit agencies for persons | 20 | | with significant disabilities and discourage unnecessary | 21 | | duplication or
competition among not-for-profit agencies.
| 22 | | (7) To develop guidelines to be followed by qualifying
| 23 | | agencies for
participation under the provisions of this | 24 | | Section. Guidelines shall include a list of national | 25 | | accrediting organizations which satisfy the requirements | 26 | | of item (3) of subsection (a) of this Section. The
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| 1 | | guidelines shall be developed within
6 months after the | 2 | | effective date of this Code and made available
on a | 3 | | nondiscriminatory basis
to all qualifying agencies. The | 4 | | new guidelines required under this item (7) by Public Act | 5 | | 100-203 shall be developed within 6 months after August | 6 | | 18, 2017 (the effective date of Public Act 100-203) and | 7 | | made available on a non-discriminatory basis to all | 8 | | qualifying not-for-profit agencies.
| 9 | | (8) To review all pricing submitted under the | 10 | | provisions
of this Section and may approve a proposed | 11 | | agreement for supplies or services where the price | 12 | | submitted is fair and reasonable. Review of pricing under | 13 | | this paragraph may include, but is not limited to:
| 14 | | (A) Amounts private businesses would pay for | 15 | | similar products or services. | 16 | | (B) Amounts the federal government would pay | 17 | | contractors for similar products or services. | 18 | | (C) The amount paid by the State for similar | 19 | | products or services. | 20 | | (D) The actual cost of manufacturing the product | 21 | | or performing a service at a community rehabilitation | 22 | | program offering employment services on or off | 23 | | premises to persons with disabilities or mental | 24 | | illnesses, with adequate consideration given to legal | 25 | | and moral imperatives to pay workers with disabilities | 26 | | equitable wages. |
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| 1 | | (E) The usual, customary, and reasonable costs of | 2 | | manufacturing, marketing, and distribution. | 3 | | (9) To, not less than every 3 years, adopt a strategic | 4 | | plan for increasing the number of products and services | 5 | | purchased from qualified not-for-profit agencies for | 6 | | persons with disabilities or mental illnesses, including | 7 | | the feasibility of developing mandatory set-aside | 8 | | contracts. | 9 | | (c-5) Conditions for Use. Each chief procurement officer | 10 | | shall, in consultation with the State Use Committee, determine | 11 | | which articles, materials, services, food stuffs, and supplies | 12 | | that are produced, manufactured, or provided by persons with | 13 | | significant disabilities in qualified not-for-profit agencies | 14 | | shall be given preference by purchasing agencies procuring | 15 | | those items. | 16 | | (d) (Blank).
| 17 | | (e) Subcontracts. Subcontracts shall be permitted for | 18 | | agreements authorized under this Section. For the purposes of | 19 | | this subsection (e), "subcontract" means any acquisition from | 20 | | another source of supplies, not including raw materials, or | 21 | | services required by a qualified not-for-profit agency to | 22 | | provide the supplies or services that are the subject of the | 23 | | contract between the State and the qualified not-for-profit | 24 | | agency. | 25 | | The State Use Committee shall develop guidelines to be | 26 | | followed by qualified not-for-profit agencies when seeking and |
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| 1 | | establishing subcontracts with other persons or not-for-profit | 2 | | agencies in order to fulfill State contract requirements. | 3 | | These guidelines shall include the following: | 4 | | (i) The State Use Committee must approve all | 5 | | subcontracts and substantive amendments to subcontracts | 6 | | prior to execution or amendment of the subcontract. | 7 | | (ii) A qualified not-for-profit agency shall not enter | 8 | | into a subcontract, or any combination of subcontracts, to | 9 | | fulfill an entire requirement, contract, or order without | 10 | | written State Use Committee approval. | 11 | | (iii) A qualified not-for-profit agency shall make | 12 | | reasonable efforts to utilize subcontracts with other | 13 | | not-for-profit agencies for persons with significant | 14 | | disabilities. | 15 | | (iv) For any subcontract not currently performed by a | 16 | | qualified not-for-profit agency, the primary qualified | 17 | | not-for-profit agency must provide to the State Use | 18 | | Committee the following: (A) a written explanation as to | 19 | | why the subcontract is not performed by a qualified | 20 | | not-for-profit agency, and (B) a written plan to transfer | 21 | | the subcontract to a qualified not-for-profit agency, as | 22 | | reasonable. | 23 | | (Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law. |
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