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Full Text of SB2967  99th General Assembly

SB2967 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2967

 

Introduced 2/18/2016, by Sen. Daniel Biss

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/45-35

    Amends the Procurement Code. Provides that supplies and services shall (rather than may) be procured without advertising or calling for bids from any qualified not-for-profit agency for persons with significant (rather than severe) disabilities that meet certain requirements. Provides that to participate, the not-for-profit agency must offer the individuals they serve employment opportunities in competitive, integrated settings. Includes the Director of Healthcare and Family Services or his or her designee, the Director of Commerce and Economic Opportunity or his or her designee, and 2 members who have a disability to the committee overseeing the preference program. Provides that the Committee consider certain factors when considering bids.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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. The purpose of this Section is to further the
9state's Employment First policy by maximizing its investment in
10job opportunities that afford individuals with disabilities
11competitive wages in integrated settings and allow those
12individuals to achieve maximum independence through employment
13and, in addition, allow state agencies, departments, and
14institutions a mechanism to embrace the principles of
15Employment First.
16    (a) Qualification. Supplies and services shall may be
17procured without advertising or calling for bids from any
18qualified not-for-profit agency for persons with significant
19severe disabilities that:
20        (1) complies with Illinois laws governing private
21    not-for-profit organizations;
22        (2) is certified as a sheltered workshop by the Wage
23    and Hour Division of the United States Department of Labor

 

 

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1    or is an accredited vocational program that provides
2    transition services to youth between the ages of 14 1/2 and
3    22 in accordance with individualized education plans under
4    Section 14-8.03 of the School Code and that provides
5    residential services at a child care institution, as
6    defined under Section 2.06 of the Child Care Act of 1969,
7    or at a group home, as defined under Section 2.16 of the
8    Child Care Act of 1969; and
9        (3) meets the applicable Illinois Department of Human
10    Services just standards; and .
11        (4) pays at least minimum wage or better in a
12    community-integrated environment.
13    (b) Participation. To participate, the not-for-profit
14agency must have indicated an interest in providing the
15supplies and services, must meet the specifications and needs
16of the using agency, must conform with the Principles of
17Employment First, offer the individuals they serve employment
18opportunities in competitive, integrated settings, and must
19set a fair market price.
20    (c) Committee. There is created within the Department of
21Central Management Services a committee to facilitate the
22purchase of products and services from not-for-profit agencies
23that provide competitive, community-integrated employment
24opportunities to persons with physical disabilities,
25intellectual, or developmental disabilities, mental illnesses,
26or any combination thereof of persons so severely disabled by a

 

 

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1physical, developmental, or mental disability or a combination
2of any of those disabilities that they cannot engage in normal
3competitive employment. This committee is called the State Use
4Committee. The committee shall consist of the Director of the
5Department of Central Management Services or his or her
6designee, the Director of the Department of Human Services or
7his or her designee, the Director of Healthcare and Family
8Services or his or her designee, the Director of Commerce and
9Economic Opportunity or his or her designee, one public member
10representing private business who is knowledgeable of the
11employment needs and concerns of persons with developmental
12disabilities, one public member representing private business
13who is knowledgeable of the needs and concerns of
14rehabilitation facilities, one public member who is
15knowledgeable of the employment needs and concerns of persons
16with developmental disabilities, one public member who is
17knowledgeable of the needs and concerns of rehabilitation
18facilities, 2 members who have a disability, and 2 public
19members from a statewide association that represents
20community-based rehabilitation facilities, all appointed by
21the Governor. The public members shall serve 2 year terms,
22commencing upon appointment and every 2 years thereafter. A
23public member may be reappointed, and vacancies shall be filled
24by appointment for the completion of the term. In the event
25there is a vacancy on the Committee, the Governor must make an
26appointment to fill that vacancy within 30 calendar days after

 

 

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1the notice of vacancy. The members shall serve without
2compensation but shall be reimbursed for expenses at a rate
3equal to that of State employees on a per diem basis by the
4Department of Central Management Services. All members shall be
5entitled to vote on issues before the committee.
6    The committee shall have the following powers and duties:
7        (1) To request from any State agency information as to
8    product specification and service requirements in order to
9    carry out its purpose.
10        (2) To meet quarterly or more often as necessary to
11    carry out its purposes.
12        (3) To request a quarterly report from each
13    participating qualified not-for-profit agency for persons
14    with severe disabilities describing the volume of sales for
15    each product or service sold under this Section.
16        (4) To prepare a report for the Governor and General
17    Assembly no later than December 31 of each year. The
18    requirement for reporting to the General Assembly shall be
19    satisfied by following the procedures set forth in Section
20    3.1 of the General Assembly Organization Act.
21        (5) To prepare a publication that lists all supplies
22    and services currently available from any qualified
23    not-for-profit agency for persons with severe
24    disabilities. This list and any revisions shall be
25    distributed to all purchasing agencies.
26        (6) To encourage diversity in supplies and services

 

 

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1    provided by qualified not-for-profit agencies for persons
2    with severe disabilities and discourage unnecessary
3    duplication or competition among facilities.
4        (7) To develop guidelines to be followed by qualifying
5    agencies for participation under the provisions of this
6    Section. The guidelines shall be developed within 6 months
7    after the effective date of this Code and made available on
8    a nondiscriminatory basis to all qualifying agencies.
9        (8) To review all bids submitted under the provisions
10    of this Section and reject any bid for any purchase that is
11    determined to be substantially more than the purchase would
12    have cost had it been competitively bid. The Committee's
13    consideration may include, but is not limited to:
14            (A) Amounts private businesses would pay for
15        similar products or services.
16            (B) Amounts the federal government would pay
17        contractors for similar products or services.
18            (C) Amount paid by the State for similar products
19        or services.
20            (D) Actual cost of manufacturing the product or
21        performing a service at a community rehabilitation
22        program offering employment services on or off
23        premises to persons with disabilities or mental
24        illnesses, with adequate consideration given to legal
25        and moral imperatives to pay workers with disabilities
26        equitable wages.

 

 

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1            (E) Usual, customary, and reasonable costs of
2        manufacturing, marketing, and distribution.
3        (9) To develop a 5-year plan for increasing the number
4    of products and services purchased from qualified
5    not-for-profit agencies for persons with disabilities or
6    mental illnesses severe disabilities, including the
7    feasibility of developing mandatory set-aside contracts.
8    This 5-year plan must be developed no later than 180
9    calendar days after the effective date of this amendatory
10    Act of the 96th General Assembly.
11    (c-5) Conditions for Use. Each chief procurement officer
12shall, in consultation with the State Use Committee, determine
13which articles, materials, services, food stuffs, and supplies
14that are produced, manufactured, or provided by persons with
15severe disabilities in qualified not-for-profit agencies shall
16be given preference by purchasing agencies procuring those
17items.
18    (d) Former committee. The committee created under
19subsection (c) shall replace the committee created under
20Section 7-2 of the Illinois Purchasing Act, which shall
21continue to operate until the appointments under subsection (c)
22are made.
23(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)