Full Text of SB1737 96th General Assembly
SB1737enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by | 5 |
| changing Section 45-35 as follows:
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| (30 ILCS 500/45-35)
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| Sec. 45-35.
Facilities Sheltered workshops for persons | 8 |
| with severe disabilities the severely
handicapped .
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| (a) Qualification. Supplies and services may be procured
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| without advertising or calling
for bids from any qualified | 11 |
| not-for-profit agency for persons with severe disabilities the | 12 |
| severely
handicapped that:
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| (1) complies with Illinois laws governing private
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| not-for-profit organizations;
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| (2) is certified as a sheltered workshop by the Wage
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| and Hour Division of the
United States Department of Labor; | 17 |
| and
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| (3) meets the applicable Illinois Department of Human
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| Services just standards for
rehabilitation facilities .
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| (b) Participation. To participate, the not-for-profit
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| agency must have indicated an
interest in providing the | 22 |
| supplies and services, must meet the
specifications and needs | 23 |
| of the
using agency, and must set a fair market price.
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| (c) Committee. There is created within the Department of
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| Central Management
Services a committee to facilitate the | 3 |
| purchase of products and
services of persons so severely
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| disabled handicapped by a physical , developmental, or mental | 5 |
| disability or a combination of any of those disabilities that | 6 |
| they cannot
engage in normal competitive
employment. This | 7 |
| committee is called the State Use Committee. The committee | 8 |
| shall consist of the Director of the
Department of Central
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| Management Services or his or her designee , the Director of the | 10 |
| Department
of Human Services or his or her designee , one public | 11 |
| member representing and 2 representatives
from private | 12 |
| business who is knowledgeable of the employment needs and | 13 |
| concerns of persons with developmental disabilities, one | 14 |
| public member representing private business who is | 15 |
| knowledgeable of the needs and concerns of rehabilitation | 16 |
| facilities, one and 2 public member who is knowledgeable of the | 17 |
| employment needs and concerns of persons with developmental | 18 |
| disabilities, one public member who is knowledgeable of the | 19 |
| needs and concerns of rehabilitation facilities, and 2 public | 20 |
| members from a statewide association that represents | 21 |
| community-based rehabilitation facilities, members all | 22 |
| appointed by the
Governor who are
knowledgeable in the needs | 23 |
| and concerns of rehabilitation
facilities in Illinois . The | 24 |
| public
members shall serve 2 year terms, commencing upon | 25 |
| appointment and
every 2 years thereafter.
A public member may | 26 |
| be reappointed, and vacancies shall may be filled by
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| appointment for the
completion of the term. In the event there | 2 |
| is a vacancy on the Committee, the Governor must make an | 3 |
| appointment to fill that vacancy within 30 calendar days after | 4 |
| the notice of vacancy. The members shall serve without
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| compensation but shall be reimbursed
for expenses at a rate | 6 |
| equal to that of State employees on a per
diem basis by the | 7 |
| Department
of Central Management Services. All members shall be | 8 |
| entitled to
vote on issues before the
committee.
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| The committee shall have the following powers and duties:
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| (1) To request from any State agency information as to
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| product specification
and service requirements in order to | 12 |
| carry out its purpose.
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| (2) To meet quarterly or more often as necessary to
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| carry out its purposes.
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| (3) To request a quarterly report from each
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| participating qualified not-for-profit agency for persons | 17 |
| with severe disabilities the severely
handicapped | 18 |
| describing the volume of sales for each product or
service | 19 |
| sold under this Section.
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| (4) To prepare a report for the Governor annually.
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| (5) To prepare a publication that lists all supplies
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| and services currently
available from any qualified | 23 |
| not-for-profit agency for persons with severe disabilities | 24 |
| the
severely handicapped . This list and
any revisions shall | 25 |
| be distributed to all purchasing agencies.
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| (6) To encourage diversity in supplies and services
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| provided by qualified not-for-profit agencies for persons | 2 |
| with severe disabilities the severely
handicapped and | 3 |
| discourage unnecessary duplication or
competition among | 4 |
| facilities.
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| (7) To develop guidelines to be followed by qualifying
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| agencies for
participation under the provisions of this | 7 |
| Section. The
guidelines shall be developed within
6 months | 8 |
| after the effective date of this Code and made available
on | 9 |
| a nondiscriminatory basis
to all qualifying agencies.
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| (8) To review all bids submitted under the provisions
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| of this Section and reject
any bid for any purchase that is | 12 |
| determined to be substantially
more than the purchase would
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| have cost had it been competitively bid.
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| (9) To develop a 5-year plan for increasing the number | 15 |
| of products and services purchased from qualified | 16 |
| not-for-profit agencies for persons with severe | 17 |
| disabilities, including the feasibility of developing | 18 |
| mandatory set-aside contracts. This 5-year plan must be | 19 |
| developed no later than 180 calendar days after the | 20 |
| effective date of this amendatory Act of the 96th General | 21 |
| Assembly. | 22 |
| (c-5) Conditions for Use. Each chief procurement officer | 23 |
| shall, in consultation with the State Use Committee, determine | 24 |
| which articles, materials, services, food stuffs, and supplies | 25 |
| that are produced, manufactured, or provided by persons with | 26 |
| severe disabilities in qualified not-for-profit agencies shall |
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| be given preference by purchasing agencies procuring those | 2 |
| items. | 3 |
| (d) Former committee. The committee created under
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| subsection (c) shall replace the
committee created under | 5 |
| Section 7-2 of the Illinois Purchasing Act,
which shall
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| continue to operate until the appointments under subsection (c)
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| are made.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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