HB3216 EngrossedLRB100 09299 RJF 19459 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Civil Administrative Code of Illinois is
5amended by adding Section 5-725 as follows:
6    (20 ILCS 5/5-725 new)
7    Sec. 5-725. Third-party State contracts.
8    (a) For purposes of this Sections:
9        "Contractor" means any entity, including an
10    individual, institution, federal, State, or local
11    governmental entity, or any other public or private entity,
12    that enters into a third-party contract.
13        "State agency" means an executive office, department,
14    division, board, commission, or other office in the
15    executive branch of State government.
16        "Third-party contract" means an agreement, or
17    combination or series of agreements, by which a contractor
18    agrees with a State agency to provide services that are
19    substantially similar to and in lieu of services that would
20    otherwise be performed, in whole or in part, by State
21    employees.
22        "State employee" means an employee of any State agency.
23    (b) Notwithstanding any law to the contrary, third-party



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1contracts are permissible only when they are in the best
2interests of the State. For purposes of this Section, a
3third-party contract is in the best interests of the State when
4it is clearly demonstrated that all of the following conditions
5are met:
6        (1) The proposed third-party contract will result in
7    significant and measurable overall cost savings to the
8    State.
9        (2) The savings shall be large enough to ensure that
10    they will not be eliminated by private sector and State
11    cost fluctuations that could normally be expected during
12    the third-party contracting period.
13        (3) The amount of savings clearly justify the size and
14    duration of the third-party contract.
15        (4) The savings will not be achieved through
16    diminishment in the quality or quantity of services.
17        (5) The third-party contract is awarded through a
18    competitive bidding process as set forth in the Illinois
19    Procurement Code.
20        (6) The potential for future economic risk to the State
21    from potential contractor rate increases or increased
22    obstacles to future competitive bidding is minimal.
23        (7) The third-party contract does not adversely affect
24    the State's affirmative action efforts or veterans' hiring
25    preferences.
26        (8) The potential economic advantage of a third-party



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1    contract is not outweighed by the public's interest in
2    having a particular service performed directly by State
3    employees.
4        (9) The proposed third-party contract would not have
5    the effect of moving Illinois jobs to other states or
6    countries.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.