Illinois General Assembly - Full Text of SB1627
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Full Text of SB1627  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Doris Turner


30 ILCS 500/45-35

    Amends the Illinois Procurement Code. Provides that any qualified not-for-profit agency for persons with significant disabilities entering into a contract with the State for supplies and services under specified provisions shall offer a minimum hourly wage to its employees that is set at or above the State minimum wage.

LRB102 16898 RJF 22309 b





SB1627LRB102 16898 RJF 22309 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. Not-for-profit agencies for persons with
8significant disabilities.
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 significant
12disabilities that:
13        (1) complies with Illinois laws governing private
14    not-for-profit organizations;
15        (2) is certified as a work center by the Wage and Hour
16    Division of the United States Department of Labor or is an
17    accredited vocational program that provides transition
18    services to youth between the ages of 14 1/2 and 22 in
19    accordance with individualized education plans under
20    Section 14-8.03 of the School Code and that provides
21    residential services at a child care institution, as
22    defined under Section 2.06 of the Child Care Act of 1969,
23    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) is accredited by a nationally-recognized
3    accrediting organization or certified as a developmental
4    training provider by the Department of Human Services.
5    Notwithstanding any provision of law to the contrary, any
6qualified not-for-profit agency for persons with significant
7disabilities entering into a contract for supplies and
8services under this Section shall offer a minimum hourly wage
9to its employees that is set at or above the State minimum wage
10established under Section 4 of the Minimum Wage Law.
11    (b) Participation. To participate, the not-for-profit
12agency must have indicated an interest in providing the
13supplies and services, must meet the specifications and needs
14of the using agency, and must set a fair and reasonable price.
15    (c) Committee. There is created within the Department of
16Central Management Services a committee to facilitate the
17purchase of products and services of persons with a
18significant physical, developmental, or mental disability or a
19combination of any of those disabilities who cannot engage in
20normal competitive employment due to the significant
21disability or combination of those disabilities. This
22committee is called the State Use Committee. The State Use
23Committee shall consist of the Director of the Department of
24Central Management Services or his or her designee, the
25Secretary Director of the Department of Human Services or his
26or her designee, one public member representing private



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1business who is knowledgeable of the employment needs and
2concerns of persons with developmental disabilities, one
3public member representing private business who is
4knowledgeable of the needs and concerns of rehabilitation
5facilities, one public member who is knowledgeable of the
6employment needs and concerns of persons with developmental
7disabilities, one public member who is knowledgeable of the
8needs and concerns of rehabilitation facilities, and 2 public
9members from a statewide association that represents
10community-based rehabilitation facilities, all appointed by
11the Governor. The public members shall serve 2 year terms,
12commencing upon appointment and every 2 years thereafter. A
13public member may be reappointed, and vacancies shall be
14filled by appointment for the completion of the term. In the
15event there is a vacancy on the State Use Committee, the
16Governor must make an appointment to fill that vacancy within
1730 calendar days after the notice of vacancy. The members
18shall serve without compensation but shall be reimbursed for
19expenses at a rate equal to that of State employees on a per
20diem basis by the Department of Central Management Services.
21All members shall be entitled to vote on issues before the
22State Use Committee.
23    The State Use Committee shall have the following powers
24and duties:
25        (1) To request from any State agency information as to
26    product specification and service requirements in order to



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1    carry out its purpose.
2        (2) To meet quarterly or more often as necessary to
3    carry out its purposes.
4        (3) To request a quarterly report from each
5    participating qualified not-for-profit agency for persons
6    with significant disabilities describing the volume of
7    sales for each product or service sold under this Section.
8        (4) To prepare a report for the Governor and General
9    Assembly no later than December 31 of each year. The
10    requirement for reporting to the General Assembly shall be
11    satisfied by following the procedures set forth in Section
12    3.1 of the General Assembly Organization Act.
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 significant
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 significant disabilities and discourage unnecessary
21    duplication or competition among not-for-profit agencies.
22        (7) To develop guidelines to be followed by qualifying
23    agencies for participation under the provisions of this
24    Section. Guidelines shall include a list of national
25    accrediting organizations which satisfy the requirements
26    of item (3) of subsection (a) of this Section. The



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1    guidelines shall be developed within 6 months after the
2    effective date of this Code and made available on a
3    nondiscriminatory basis to all qualifying agencies. The
4    new guidelines required under this item (7) by Public Act
5    100-203 this amendatory Act of the 100th General Assembly
6    shall be developed within 6 months after August 18, 2017
7    (the effective date of Public Act 100-203) this amendatory
8    Act of the 100th General Assembly and made available on a
9    non-discriminatory basis to all qualifying not-for-profit
10    agencies.
11        (8) To review all pricing submitted under the
12    provisions of this Section and may approve a proposed
13    agreement for supplies or services where the price
14    submitted is fair and reasonable.
15        (9) To, not less than every 3 years, adopt a strategic
16    plan for increasing the number of products and services
17    purchased from qualified not-for-profit agencies for
18    persons with significant disabilities, including the
19    feasibility of developing mandatory set-aside contracts.
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
24significant disabilities in qualified not-for-profit agencies
25shall be given preference by purchasing agencies procuring
26those items.



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1    (d) (Blank).
2    (e) Subcontracts. Subcontracts shall be permitted for
3agreements authorized under this Section. For the purposes of
4this subsection (e), "subcontract" means any acquisition from
5another source of supplies, not including raw materials, or
6services required by a qualified not-for-profit agency to
7provide the supplies or services that are the subject of the
8contract between the State and the qualified not-for-profit
10    The State Use Committee shall develop guidelines to be
11followed by qualified not-for-profit agencies when seeking and
12establishing subcontracts with other persons or not-for-profit
13agencies in order to fulfill State contract requirements.
14These guidelines shall include the following:
15        (i) The State Use Committee must approve all
16    subcontracts and substantive amendments to subcontracts
17    prior to execution or amendment of the subcontract.
18        (ii) A qualified not-for-profit agency shall not enter
19    into a subcontract, or any combination of subcontracts, to
20    fulfill an entire requirement, contract, or order without
21    written State Use Committee approval.
22        (iii) A qualified not-for-profit agency shall make
23    reasonable efforts to utilize subcontracts with other
24    not-for-profit agencies for persons with significant
25    disabilities.
26        (iv) For any subcontract not currently performed by a



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1    qualified not-for-profit agency, the primary qualified
2    not-for-profit agency must provide to the State Use
3    Committee the following: (A) a written explanation as to
4    why the subcontract is not performed by a qualified
5    not-for-profit agency, and (B) a written plan to transfer
6    the subcontract to a qualified not-for-profit agency, as
7    reasonable.
8(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)