Bill Text: IL SB1627 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1627 Detail]

Download: Illinois-2021-SB1627-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1627 Introduced 2/26/2021, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
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.
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A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Section 45-35 as follows:
(30 ILCS 500/45-35)
Sec. 45-35. Not-for-profit agencies for persons with
significant disabilities.
(a) Qualification. Supplies and services may be procured
without advertising or calling for bids from any qualified
not-for-profit agency for persons with significant
disabilities that:
(1) complies with Illinois laws governing private
not-for-profit organizations;
(2) is certified as a work center by the Wage and Hour
Division of the United States Department of Labor or is an
accredited vocational program that provides transition
services to youth between the ages of 14 1/2 and 22 in
accordance with individualized education plans under
Section 14-8.03 of the School Code and that provides
residential services at a child care institution, as
defined under Section 2.06 of the Child Care Act of 1969,
or at a group home, as defined under Section 2.16 of the

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Child Care Act of 1969; and
(3) is accredited by a nationally-recognized
accrediting organization or certified as a developmental
training provider by the Department of Human Services.
Notwithstanding any provision of law to the contrary, any
qualified not-for-profit agency for persons with significant
disabilities entering into a contract for supplies and
services under this Section shall offer a minimum hourly wage
to its employees that is set at or above the State minimum wage
established under Section 4 of the Minimum Wage Law.
(b) Participation. To participate, the not-for-profit
agency must have indicated an interest in providing the
supplies and services, must meet the specifications and needs
of the using agency, and must set a fair and reasonable price.
(c) Committee. There is created within the Department of
Central Management Services a committee to facilitate the
purchase of products and services of persons with a
significant physical, developmental, or mental disability or a
combination of any of those disabilities who cannot engage in
normal competitive employment due to the significant
disability or combination of those disabilities. This
committee is called the State Use Committee. The State Use
Committee shall consist of the Director of the Department of
Central Management Services or his or her designee, the
Secretary Director of the Department of Human Services or his
or her designee, one public member representing private

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

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carry out its purpose.
(2) To meet quarterly or more often as necessary to
carry out its purposes.
(3) To request a quarterly report from each
participating qualified not-for-profit agency for persons
with significant disabilities describing the volume of
sales for each product or service sold under this Section.
(4) To prepare a report for the Governor and General
Assembly no later than December 31 of each year. The
requirement for reporting to the General Assembly shall be
satisfied by following the procedures set forth in Section
3.1 of the General Assembly Organization Act.
(5) To prepare a publication that lists all supplies
and services currently available from any qualified
not-for-profit agency for persons with significant
disabilities. This list and any revisions shall be
distributed to all purchasing agencies.
(6) To encourage diversity in supplies and services
provided by qualified not-for-profit agencies for persons
with significant disabilities and discourage unnecessary
duplication or competition among not-for-profit agencies.
(7) To develop guidelines to be followed by qualifying
agencies for participation under the provisions of this
Section. Guidelines shall include a list of national
accrediting organizations which satisfy the requirements
of item (3) of subsection (a) of this Section. The

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guidelines shall be developed within 6 months after the
effective date of this Code and made available on a
nondiscriminatory basis to all qualifying agencies. The
new guidelines required under this item (7) by Public Act
100-203 this amendatory Act of the 100th General Assembly
shall be developed within 6 months after August 18, 2017
(the effective date of Public Act 100-203) this amendatory
Act of the 100th General Assembly and made available on a
non-discriminatory basis to all qualifying not-for-profit
agencies.
(8) To review all pricing submitted under the
provisions of this Section and may approve a proposed
agreement for supplies or services where the price
submitted is fair and reasonable.
(9) To, not less than every 3 years, adopt a strategic
plan for increasing the number of products and services
purchased from qualified not-for-profit agencies for
persons with significant disabilities, including the
feasibility of developing mandatory set-aside contracts.
(c-5) Conditions for Use. Each chief procurement officer
shall, in consultation with the State Use Committee, determine
which articles, materials, services, food stuffs, and supplies
that are produced, manufactured, or provided by persons with
significant disabilities in qualified not-for-profit agencies
shall be given preference by purchasing agencies procuring
those items.

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

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