Full Text of HB3899 100th General Assembly
HB3899 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3899 Introduced , by Rep. Sara Wojcicki Jimenez SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Makes changes to provisions concerning the use of not-for-profit agencies for persons with significant disabilities (previously, facilities for persons with severe disabilities). Provides that a not-for-profit agency shall be a qualified agency if it is, among other requirements, accredited by a nationally-recognized accrediting organization or certified as a development training provider by the Department of Human Services (rather than requiring the agency to meet the applicable Department just standards). Requires the Department to develop guidelines of appropriate national accrediting organizations within 6 months after the effective date of the amendatory Act. Requires the State Use Committee to, not less than every 3 years, develop a strategic plan for increasing the number of products or services purchased from qualified agencies (rather than developing one 5-year strategic plan). Makes provisions concerning subcontracts. Makes other changes. 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 Facilities for persons | 8 | | with significant severe 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 severe | 12 | | disabilities that:
| 13 | | (1) complies with Illinois laws governing private
| 14 | | not-for-profit organizations;
| 15 | | (2) is certified as a work center sheltered workshop by | 16 | | the Wage
and Hour Division of the
United States Department | 17 | | of Labor or is an accredited vocational program that | 18 | | provides transition services to youth between the ages of | 19 | | 14 1/2 and 22 in accordance with individualized education | 20 | | plans under Section 14-8.03 of the School Code and that | 21 | | provides residential services at a child care institution, | 22 | | as defined under Section 2.06 of the Child Care Act of | 23 | | 1969, or at a group home, as defined under Section 2.16 of |
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| 1 | | the 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 meets the applicable Illinois | 5 | | Department of Human
Services just standards .
| 6 | | (b) Participation. To participate, the not-for-profit
| 7 | | agency must have indicated an
interest in providing the | 8 | | supplies and services, must meet the
specifications and needs | 9 | | of the
using agency, and must set a fair and reasonable market | 10 | | price.
| 11 | | (c) Committee. There is created within the Department of
| 12 | | Central Management
Services a committee to facilitate the | 13 | | purchase of products and
services of persons with a significant | 14 | | so severely
disabled by a physical, developmental, or mental | 15 | | disability or a combination of any of those disabilities who | 16 | | that they cannot
engage in normal competitive
employment due to | 17 | | the significant disability or combination of those | 18 | | disabilities . This committee is called the State Use Committee. | 19 | | The State Use Committee committee shall consist of the Director | 20 | | of the
Department of Central
Management Services or his or her | 21 | | designee, the Director of the Department
of Human Services or | 22 | | his or her designee, one public member representing private | 23 | | business who is knowledgeable of the employment needs and | 24 | | concerns of persons with developmental disabilities, one | 25 | | public member representing private business who is | 26 | | knowledgeable of the needs and concerns of rehabilitation |
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| 1 | | facilities, one public member who is knowledgeable of the | 2 | | employment needs and concerns of persons with developmental | 3 | | disabilities, one public member who is knowledgeable of the | 4 | | needs and concerns of rehabilitation facilities, and 2 public | 5 | | members from a statewide association that represents | 6 | | community-based rehabilitation facilities, all appointed by | 7 | | the
Governor. The public
members shall serve 2 year terms, | 8 | | commencing upon appointment and
every 2 years thereafter.
A | 9 | | public member may be reappointed, and vacancies shall be filled | 10 | | by
appointment for the
completion of the term. In the event | 11 | | there is a vacancy on the State Use Committee, the Governor | 12 | | must make an appointment to fill that vacancy within 30 | 13 | | calendar days after the notice of vacancy. The members shall | 14 | | serve without
compensation but shall be reimbursed
for expenses | 15 | | at a rate equal to that of State employees on a per
diem basis | 16 | | by the Department
of Central Management Services. All members | 17 | | shall be entitled to
vote on issues before the
State Use | 18 | | Committee committee .
| 19 | | The State Use Committee committee shall have the following | 20 | | powers and duties:
| 21 | | (1) To request from any State agency information as to
| 22 | | product specification
and service requirements in order to | 23 | | carry out its purpose.
| 24 | | (2) To meet quarterly or more often as necessary to
| 25 | | carry out its purposes.
| 26 | | (3) To request a quarterly report from each
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| 1 | | participating qualified not-for-profit agency for persons | 2 | | with significant severe disabilities describing the volume | 3 | | of sales for each product or
service sold under this | 4 | | Section.
| 5 | | (4) To prepare a report for the Governor and General | 6 | | Assembly no later than December 31 of each year. The | 7 | | requirement for reporting to the General Assembly shall be | 8 | | satisfied by following the procedures set forth in Section | 9 | | 3.1 of the General Assembly Organization Act.
| 10 | | (5) To prepare a publication that lists all supplies
| 11 | | and services currently
available from any qualified | 12 | | not-for-profit agency for persons with significant severe | 13 | | disabilities. This list and
any revisions shall be | 14 | | distributed to all purchasing agencies.
| 15 | | (6) To encourage diversity in supplies and services
| 16 | | provided by qualified not-for-profit agencies for persons | 17 | | with significant severe disabilities and discourage | 18 | | unnecessary duplication or
competition among | 19 | | not-for-profit agencies facilities .
| 20 | | (7) To develop guidelines to be followed by qualifying
| 21 | | agencies for
participation under the provisions of this | 22 | | Section. Guidelines shall include a list of national | 23 | | accrediting organizations which satisfy the requirements | 24 | | of item (3) of subsection (a) of this Section. The
| 25 | | guidelines shall be developed within
6 months after the | 26 | | effective date of this Code and made available
on a |
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| 1 | | nondiscriminatory basis
to all qualifying agencies. The | 2 | | new guidelines required under this item (7) by this | 3 | | amendatory Act of the 100th General Assembly shall be | 4 | | developed within 6 months after the effective date of this | 5 | | amendatory Act of the 100th General Assembly and made | 6 | | available on a non-discriminatory basis to all qualifying | 7 | | not-for-profit agencies.
| 8 | | (8) To review all pricing bids submitted under the | 9 | | provisions
of this Section and may approve a proposed | 10 | | agreement for supplies or services where the price | 11 | | submitted is fair and reasonable reject
any bid for any | 12 | | purchase that is determined to be substantially
more than | 13 | | the purchase would
have cost had it been competitively bid .
| 14 | | (9) To , not less than every 3 years, adopt a strategic | 15 | | plan develop a 5-year plan for increasing the number of | 16 | | products and services purchased from qualified | 17 | | not-for-profit agencies for persons with significant | 18 | | severe disabilities, including the feasibility of | 19 | | developing mandatory set-aside contracts. This 5-year plan | 20 | | must be developed no later than 180 calendar days after the | 21 | | effective date of this amendatory Act of the 96th General | 22 | | Assembly. | 23 | | (c-5) Conditions for Use. Each chief procurement officer | 24 | | shall, in consultation with the State Use Committee, determine | 25 | | which articles, materials, services, food stuffs, and supplies | 26 | | that are produced, manufactured, or provided by persons with |
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| 1 | | significant severe disabilities in qualified not-for-profit | 2 | | agencies shall be given preference by purchasing agencies | 3 | | procuring those items. | 4 | | (d) (Blank). Former committee. The committee created under
| 5 | | subsection (c) shall replace the
committee created under | 6 | | Section 7-2 of the Illinois Purchasing Act,
which shall
| 7 | | continue to operate until the appointments under subsection (c)
| 8 | | are made.
| 9 | | (e) Subcontracts. Subcontracts shall be permitted for | 10 | | agreements authorized under this Section. For the purposes of | 11 | | this subsection (e), "subcontract" means any acquisition from | 12 | | another source of supplies, not including raw materials, or | 13 | | services required by a qualified not-for-profit agency to | 14 | | provide the supplies or services that are the subject of the | 15 | | contract between the State and the qualified not-for-profit | 16 | | agency. | 17 | | The State Use Committee shall develop guidelines to be | 18 | | followed by qualified not-for-profit agencies when seeking and | 19 | | establishing subcontracts with other persons or not-for-profit | 20 | | agencies in order to fulfill State contract requirements. These | 21 | | guidelines shall include the following: | 22 | | (i) The State Use Committee must approve all | 23 | | subcontracts and substantive amendments to subcontracts | 24 | | prior to execution or amendment of the subcontract. | 25 | | (ii) A qualified not-for-profit agency shall not enter | 26 | | into a subcontract, or any combination of subcontracts, to |
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| 1 | | fulfill an entire requirement, contract, or order without | 2 | | written State Use Committee approval. | 3 | | (iii) A qualified not-for-profit agency shall make | 4 | | reasonable efforts to utilize subcontracts with other | 5 | | not-for-profit agencies for persons with significant | 6 | | disabilities. | 7 | | (iv) For any subcontract not currently performed by a | 8 | | qualified not-for-profit agency, the primary qualified | 9 | | not-for-profit agency must provide to the State Use | 10 | | Committee the following: (A) a written explanation as to | 11 | | why the subcontract is not performed by a qualified | 12 | | not-for-profit agency, and (B) a written plan to transfer | 13 | | the subcontract to a qualified not-for-profit agency, as | 14 | | reasonable. | 15 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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