97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4683

 

Introduced 2/3/2012, by Rep. Esther Golar

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/45-35

    Amends the Illinois Procurement Code. Provides that a not-for-profit agency for the severely handicapped that is an accredited vocational program that provides transition services to youth between the ages of 14 1/2 and 22 in accordance with individualized education plans qualifies to provide supplies and services to the State without the State advertising or calling for bids. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4683LRB097 17411 PJG 62613 b

1    AN ACT concerning finance.
 
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. Facilities for persons with severe
8disabilities.
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
12that:
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
17    or is an accredited vocational program that provides
18    transition services to youth between the ages of 14 1/2 and
19    22 in accordance with individualized education plans under
20    Section 14-8.03 of the School Code; and
21        (3) meets the applicable Illinois Department of Human
22    Services just standards.
23    (b) Participation. To participate, the not-for-profit

 

 

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1agency must have indicated an interest in providing the
2supplies and services, must meet the specifications and needs
3of the using agency, and must set a fair market price.
4    (c) Committee. There is created within the Department of
5Central Management Services a committee to facilitate the
6purchase of products and services of persons so severely
7disabled by a physical, developmental, or mental disability or
8a combination of any of those disabilities that they cannot
9engage in normal competitive employment. This committee is
10called the State Use Committee. The committee shall consist of
11the Director of the Department of Central Management Services
12or his or her designee, the Director of the Department of Human
13Services or his or her designee, one public member representing
14private business who is knowledgeable of the employment needs
15and concerns of persons with developmental disabilities, one
16public member representing private business who is
17knowledgeable of the needs and concerns of rehabilitation
18facilities, one public member who is knowledgeable of the
19employment needs and concerns of persons with developmental
20disabilities, one public member who is knowledgeable of the
21needs and concerns of rehabilitation facilities, and 2 public
22members from a statewide association that represents
23community-based rehabilitation facilities, all appointed by
24the Governor. The public members shall serve 2 year terms,
25commencing upon appointment and every 2 years thereafter. A
26public member may be reappointed, and vacancies shall be filled

 

 

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1by appointment for the completion of the term. In the event
2there is a vacancy on the Committee, the Governor must make an
3appointment to fill that vacancy within 30 calendar days after
4the notice of vacancy. The members shall serve without
5compensation but shall be reimbursed for expenses at a rate
6equal to that of State employees on a per diem basis by the
7Department of Central Management Services. All members shall be
8entitled to vote on issues before the committee.
9    The committee shall have the following powers and duties:
10        (1) To request from any State agency information as to
11    product specification and service requirements in order to
12    carry out its purpose.
13        (2) To meet quarterly or more often as necessary to
14    carry out its purposes.
15        (3) To request a quarterly report from each
16    participating qualified not-for-profit agency for persons
17    with severe disabilities describing the volume of sales for
18    each product or service sold under this Section.
19        (4) To prepare a report for the Governor annually.
20        (5) To prepare a publication that lists all supplies
21    and services currently available from any qualified
22    not-for-profit agency for persons with severe
23    disabilities. This list and any revisions shall be
24    distributed to all purchasing agencies.
25        (6) To encourage diversity in supplies and services
26    provided by qualified not-for-profit agencies for persons

 

 

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1    with severe disabilities and discourage unnecessary
2    duplication or competition among facilities.
3        (7) To develop guidelines to be followed by qualifying
4    agencies for participation under the provisions of this
5    Section. The guidelines shall be developed within 6 months
6    after the effective date of this Code and made available on
7    a nondiscriminatory basis to all qualifying agencies.
8        (8) To review all bids submitted under the provisions
9    of this Section and reject any bid for any purchase that is
10    determined to be substantially more than the purchase would
11    have cost had it been competitively bid.
12        (9) To develop a 5-year plan for increasing the number
13    of products and services purchased from qualified
14    not-for-profit agencies for persons with severe
15    disabilities, including the feasibility of developing
16    mandatory set-aside contracts. This 5-year plan must be
17    developed no later than 180 calendar days after the
18    effective date of this amendatory Act of the 96th General
19    Assembly.
20    (c-5) Conditions for Use. Each chief procurement officer
21shall, in consultation with the State Use Committee, determine
22which articles, materials, services, food stuffs, and supplies
23that are produced, manufactured, or provided by persons with
24severe disabilities in qualified not-for-profit agencies shall
25be given preference by purchasing agencies procuring those
26items.

 

 

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1    (d) Former committee. The committee created under
2subsection (c) shall replace the committee created under
3Section 7-2 of the Illinois Purchasing Act, which shall
4continue to operate until the appointments under subsection (c)
5are made.
6(Source: P.A. 96-634, eff. 8-24-09.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.