Bill Text: IL HB3216 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Departments of State Government Law of the Civil Administrative Code of Illinois. Provides that notwithstanding any law to the contrary, third-party contracts entered into by the State are permissible only when they are in the best interests of the State. Provides conditions with which to measure whether a third-party contract is in the best interests of the State. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Failed) 2017-10-27 - Total Veto Stands - No Positive Action Taken [HB3216 Detail]

Download: Illinois-2017-HB3216-Engrossed.html

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

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

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