Full Text of HB6237 97th General Assembly
HB6237ham001 97TH GENERAL ASSEMBLY | Rep. Greg Harris Filed: 12/5/2012
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| 1 | | AMENDMENT TO HOUSE BILL 6237
| 2 | | AMENDMENT NO. ______. Amend House Bill 6237 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-10 and 45-35 as follows:
| 6 | | (30 ILCS 500/1-10)
| 7 | | Sec. 1-10. Application.
| 8 | | (a) This Code applies only to procurements for which | 9 | | contractors were first
solicited on or after July 1, 1998. This | 10 | | Code shall not be construed to affect
or impair any contract, | 11 | | or any provision of a contract, entered into based on a
| 12 | | solicitation prior to the implementation date of this Code as | 13 | | described in
Article 99, including but not limited to any | 14 | | covenant entered into with respect
to any revenue bonds or | 15 | | similar instruments.
All procurements for which contracts are | 16 | | solicited between the effective date
of Articles 50 and 99 and |
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| 1 | | July 1, 1998 shall be substantially in accordance
with this | 2 | | Code and its intent.
| 3 | | (b) This Code shall apply regardless of the source of the | 4 | | funds with which
the contracts are paid, including federal | 5 | | assistance moneys.
This Code shall
not apply to:
| 6 | | (1) Contracts between the State and its political | 7 | | subdivisions or other
governments, or between State | 8 | | governmental bodies except as specifically
provided in | 9 | | this Code.
| 10 | | (2) Grants, except that all grants are subject to for | 11 | | the filing requirements of Section 20-80 . If a | 12 | | not-for-profit agency receives grants that would be exempt | 13 | | from this Code under this paragraph (2), then the | 14 | | not-for-profit agency must also submit to the committee a | 15 | | copy of the IRS Form 990, including the following sections | 16 | | that require the reporting of any ownership interests, | 17 | | operating agreements, partnerships, or other duties, | 18 | | activities, or transactions that exist between the | 19 | | not-for-profit agency, interested persons, and its related | 20 | | for-profit owners, subsidiaries, partners, or affiliates: | 21 | | (A) Part IV, Line 28, Schedule L; (B) Part IV, Line 34, | 22 | | Schedule R; and (C) Part VI, Line 3, Schedule O. This | 23 | | disclosure shall at a minimum include business | 24 | | identification of the for-profit entity, a list of the | 25 | | business transactions between the related for-profit | 26 | | agency under the terms of the relationship, and whether |
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| 1 | | more than 50% of the not-for-profit provider's current or | 2 | | former officers, directors, trustees, family members, or | 3 | | key employees are delivered from the relationship .
| 4 | | (3) Purchase of care. However, if a not-for-profit | 5 | | agency provides services that would be exempt from this | 6 | | Code under this paragraph (3), then the not-for-profit | 7 | | agency must also submit to the committee a copy of the IRS | 8 | | Form 990, including the following sections that require the | 9 | | reporting of any ownership interests, operating | 10 | | agreements, partnerships, or other duties, activities, or | 11 | | transactions that exist between the not-for-profit agency, | 12 | | interested persons, and its related for-profit owners, | 13 | | subsidiaries, partners, or affiliates: (A) Part IV, Line | 14 | | 28, Schedule L; (B) Part IV, Line 34, Schedule R; and (C) | 15 | | Part VI, Line 3, Schedule O. This disclosure shall at a | 16 | | minimum include business identification of the for-profit | 17 | | entity, a list of the business transactions between the | 18 | | related for-profit agency under the terms of the | 19 | | relationship, and whether more than 50% of the | 20 | | not-for-profit provider's current or former officers, | 21 | | directors, trustees, family members, or key employees are | 22 | | delivered from the relationship.
| 23 | | (4) Hiring of an individual as employee and not as an | 24 | | independent
contractor, whether pursuant to an employment | 25 | | code or policy or by contract
directly with that | 26 | | individual.
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| 1 | | (5) Collective bargaining contracts.
| 2 | | (6) Purchase of real estate, except that notice of this | 3 | | type of contract with a value of more than $25,000 must be | 4 | | published in the Procurement Bulletin within 7 days after | 5 | | the deed is recorded in the county of jurisdiction. The | 6 | | notice shall identify the real estate purchased, the names | 7 | | of all parties to the contract, the value of the contract, | 8 | | and the effective date of the contract.
| 9 | | (7) Contracts necessary to prepare for anticipated | 10 | | litigation, enforcement
actions, or investigations, | 11 | | provided
that the chief legal counsel to the Governor shall | 12 | | give his or her prior
approval when the procuring agency is | 13 | | one subject to the jurisdiction of the
Governor, and | 14 | | provided that the chief legal counsel of any other | 15 | | procuring
entity
subject to this Code shall give his or her | 16 | | prior approval when the procuring
entity is not one subject | 17 | | to the jurisdiction of the Governor.
| 18 | | (8) Contracts for
services to Northern Illinois | 19 | | University by a person, acting as
an independent | 20 | | contractor, who is qualified by education, experience, and
| 21 | | technical ability and is selected by negotiation for the | 22 | | purpose of providing
non-credit educational service | 23 | | activities or products by means of specialized
programs | 24 | | offered by the university.
| 25 | | (9) Procurement expenditures by the Illinois | 26 | | Conservation Foundation
when only private funds are used.
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| 1 | | (10) Procurement expenditures by the Illinois Health | 2 | | Information Exchange Authority involving private funds | 3 | | from the Health Information Exchange Fund. "Private funds" | 4 | | means gifts, donations, and private grants. | 5 | | (11) Public-private agreements entered into according | 6 | | to the procurement requirements of Section 20 of the | 7 | | Public-Private Partnerships for Transportation Act and | 8 | | design-build agreements entered into according to the | 9 | | procurement requirements of Section 25 of the | 10 | | Public-Private Partnerships for Transportation Act. | 11 | | (c) This Code does not apply to the electric power | 12 | | procurement process provided for under Section 1-75 of the | 13 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 14 | | Utilities Act. | 15 | | (d) Except for Section 20-160 and Article 50 of this Code, | 16 | | and as expressly required by Section 9.1 of the Illinois | 17 | | Lottery Law, the provisions of this Code do not apply to the | 18 | | procurement process provided for under Section 9.1 of the | 19 | | Illinois Lottery Law. | 20 | | (e) This Code does not apply to the process used by the | 21 | | Capital Development Board to retain a person or entity to | 22 | | assist the Capital Development Board with its duties related to | 23 | | the determination of costs of a clean coal SNG brownfield | 24 | | facility, as defined by Section 1-10 of the Illinois Power | 25 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 26 | | the Public Utilities Act, including calculating the range of |
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| 1 | | capital costs, the range of operating and maintenance costs, or | 2 | | the sequestration costs or monitoring the construction of clean | 3 | | coal SNG brownfield facility for the full duration of | 4 | | construction. | 5 | | (f) This Code does not apply to the process used by the | 6 | | Illinois Power Agency to retain a mediator to mediate sourcing | 7 | | agreement disputes between gas utilities and the clean coal SNG | 8 | | brownfield facility, as defined in Section 1-10 of the Illinois | 9 | | Power Agency Act, as required under subsection (h-1) of Section | 10 | | 9-220 of the Public Utilities Act. | 11 | | (g) This Code does not apply to the processes used by the | 12 | | Illinois Power Agency to retain a mediator to mediate contract | 13 | | disputes between gas utilities and the clean coal SNG facility | 14 | | and to retain an expert to assist in the review of contracts | 15 | | under subsection (h) of Section 9-220 of the Public Utilities | 16 | | Act. This Code does not apply to the process used by the | 17 | | Illinois Commerce Commission to retain an expert to assist in | 18 | | determining the actual incurred costs of the clean coal SNG | 19 | | facility and the reasonableness of those costs as required | 20 | | under subsection (h) of Section 9-220 of the Public Utilities | 21 | | Act. | 22 | | (h) This Code does not apply to the process to procure or | 23 | | contracts entered into in accordance with Sections 11-5.2 and | 24 | | 11-5.3 of the Illinois Public Aid Code. | 25 | | (i) (h) Each chief procurement officer may access records | 26 | | necessary to review whether a contract, purchase, or other |
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| 1 | | expenditure is or is not subject to the provisions of this | 2 | | Code, unless such records would be subject to attorney-client | 3 | | privilege. | 4 | | (Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10; | 5 | | 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11; | 6 | | 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff. | 7 | | 8-3-12; revised 8-23-12.)
| 8 | | (30 ILCS 500/45-35)
| 9 | | Sec. 45-35. Facilities for persons with severe | 10 | | disabilities. | 11 | | (a) Qualification. Supplies and services may be procured
| 12 | | without advertising or calling
for bids from any qualified | 13 | | not-for-profit agency for persons with severe disabilities | 14 | | that:
| 15 | | (1) complies with Illinois laws governing private
| 16 | | not-for-profit organizations;
| 17 | | (2) is certified as a sheltered workshop by the Wage
| 18 | | and Hour Division of the
United States Department of Labor | 19 | | or is an accredited vocational program that provides | 20 | | transition services to youth between the ages of 14 1/2 and | 21 | | 22 in accordance with individualized education plans under | 22 | | Section 14-8.03 of the School Code and that provides | 23 | | residential services at a child care institution, as | 24 | | defined under Section 2.06 of the Child Care Act of 1969, | 25 | | 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) meets the applicable Illinois Department of Human
| 3 | | Services just standards.
| 4 | | (b) Participation. To participate, the not-for-profit
| 5 | | agency must have indicated an
interest in providing the | 6 | | supplies and services, must meet the
specifications and needs | 7 | | of the
using agency, and must set a fair market price. The | 8 | | not-for-profit agency must also submit to the committee a copy | 9 | | of the IRS Form 990, including the following sections that | 10 | | require the reporting of any ownership interests, operating | 11 | | agreements, partnerships, or other duties, activities, or | 12 | | transactions that exist between the not-for-profit agency, | 13 | | interested persons, and its related for-profit owners, | 14 | | subsidiaries, partners, or affiliates: (A) Part IV, Line 28, | 15 | | Schedule L; (B) Part IV, Line 34, Schedule R; and (C) Part VI, | 16 | | Line 3, Schedule O. This disclosure shall at a minimum include | 17 | | business identification of the for-profit entity, a list of the | 18 | | business transactions between the related for-profit agency | 19 | | under the terms of the relationship, and whether more than 50% | 20 | | of the not-for-profit provider's current or former officers, | 21 | | directors, trustees, family members, or key employees are | 22 | | delivered from the relationship.
| 23 | | (c) Committee. There is created within the Department of
| 24 | | Central Management
Services a committee to facilitate the | 25 | | purchase of products and
services of persons so severely
| 26 | | disabled by a physical, developmental, or mental disability or |
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| 1 | | a combination of any of those disabilities that they cannot
| 2 | | engage in normal competitive
employment. This committee is | 3 | | called the State Use Committee. The committee shall consist of | 4 | | the Director of the
Department of Central
Management Services | 5 | | or his or her designee, the Director of the Department
of Human | 6 | | Services or his or her designee, one public member representing | 7 | | private business who is knowledgeable of the employment needs | 8 | | and concerns of persons with developmental disabilities, one | 9 | | public member representing private business who is | 10 | | knowledgeable of the needs and concerns of rehabilitation | 11 | | facilities, one public member who is knowledgeable of the | 12 | | employment needs and concerns of persons with developmental | 13 | | disabilities, one public member who is knowledgeable of the | 14 | | needs and concerns of rehabilitation facilities, and 2 public | 15 | | members from a statewide association that represents | 16 | | community-based rehabilitation facilities, all appointed by | 17 | | the
Governor. The public
members shall serve 2 year terms, | 18 | | commencing upon appointment and
every 2 years thereafter.
A | 19 | | public member may be reappointed, and vacancies shall be filled | 20 | | by
appointment for the
completion of the term. In the event | 21 | | there is a vacancy on the Committee, the Governor must make an | 22 | | appointment to fill that vacancy within 30 calendar days after | 23 | | the notice of vacancy. The members shall serve without
| 24 | | compensation but shall be reimbursed
for expenses at a rate | 25 | | equal to that of State employees on a per
diem basis by the | 26 | | Department
of Central Management Services. All members shall be |
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| 1 | | entitled to
vote on issues before the
committee.
| 2 | | The committee shall have the following powers and duties:
| 3 | | (1) To request from any State agency information as to
| 4 | | product specification
and service requirements in order to | 5 | | carry out its purpose.
| 6 | | (2) To meet quarterly or more often as necessary to
| 7 | | carry out its purposes.
| 8 | | (3) To request a quarterly report from each
| 9 | | participating qualified not-for-profit agency for persons | 10 | | with severe disabilities describing the volume of sales for | 11 | | each product or
service sold under this Section.
| 12 | | (4) To prepare a report for the Governor annually.
| 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 severe | 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 severe disabilities and discourage unnecessary | 21 | | duplication or
competition among facilities.
| 22 | | (7) To develop guidelines to be followed by qualifying
| 23 | | agencies for
participation under the provisions of this | 24 | | Section. The
guidelines shall be developed within
6 months | 25 | | after the effective date of this Code and made available
on | 26 | | a nondiscriminatory basis
to all qualifying agencies.
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| 1 | | (8) To review all bids submitted under the provisions
| 2 | | of this Section and reject
any bid for any purchase that is | 3 | | determined to be substantially
more than the purchase would
| 4 | | have cost had it been competitively bid.
| 5 | | (9) To develop a 5-year plan for increasing the number | 6 | | of products and services purchased from qualified | 7 | | not-for-profit agencies for persons with severe | 8 | | disabilities, including the feasibility of developing | 9 | | mandatory set-aside contracts. This 5-year plan must be | 10 | | developed no later than 180 calendar days after the | 11 | | effective date of this amendatory Act of the 96th General | 12 | | Assembly. | 13 | | (c-5) Conditions for Use. Each chief procurement officer | 14 | | shall, in consultation with the State Use Committee, determine | 15 | | which articles, materials, services, food stuffs, and supplies | 16 | | that are produced, manufactured, or provided by persons with | 17 | | severe disabilities in qualified not-for-profit agencies shall | 18 | | be given preference by purchasing agencies procuring those | 19 | | items. | 20 | | (d) Former committee. The committee created under
| 21 | | subsection (c) shall replace the
committee created under | 22 | | Section 7-2 of the Illinois Purchasing Act,
which shall
| 23 | | continue to operate until the appointments under subsection (c)
| 24 | | are made.
| 25 | | (Source: P.A. 96-634, eff. 8-24-09; 97-895, eff. 8-3-12.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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