Bill Text: IL SB1737 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Procurement Code. Makes the following changes with respect to the contract preference for sheltered workshops: changes references from handicapped persons to persons with disabilities; names the advisory committee the State Use Committee and adds members; requires the Governor to fill Committee vacancies within 30 days after notice of a vacancy; requires the Committee to develop a 5-year plan for increased State procurements from not-for-profit agencies serving persons with disabilities; and requires chief procurement officers, in consultation with the Committee, to determine which items are available from those not-for-profit agencies and to give priority to those agencies when making procurements. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0634 [SB1737 Detail]
Download: Illinois-2009-SB1737-Enrolled.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Section 45-35 as follows:
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6 | (30 ILCS 500/45-35)
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7 | Sec. 45-35.
Facilities Sheltered workshops for persons | ||||||
8 | with severe disabilities the severely
handicapped .
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9 | (a) Qualification. Supplies and services may be procured
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10 | without advertising or calling
for bids from any qualified | ||||||
11 | not-for-profit agency for persons with severe disabilities the | ||||||
12 | severely
handicapped that:
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13 | (1) complies with Illinois laws governing private
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14 | not-for-profit organizations;
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15 | (2) is certified as a sheltered workshop by the Wage
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16 | and Hour Division of the
United States Department of Labor; | ||||||
17 | and
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18 | (3) meets the applicable Illinois Department of Human
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19 | Services just standards for
rehabilitation facilities .
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20 | (b) Participation. To participate, the not-for-profit
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21 | agency must have indicated an
interest in providing the | ||||||
22 | supplies and services, must meet the
specifications and needs | ||||||
23 | of the
using agency, and must set a fair market price.
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1 | (c) Committee. There is created within the Department of
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2 | Central Management
Services a committee to facilitate the | ||||||
3 | purchase of products and
services of persons so severely
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4 | disabled handicapped by a physical , developmental, or mental | ||||||
5 | disability or a combination of any of those disabilities that | ||||||
6 | they cannot
engage in normal competitive
employment. This | ||||||
7 | committee is called the State Use Committee. The committee | ||||||
8 | shall consist of the Director of the
Department of Central
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9 | Management Services or his or her designee , the Director of the | ||||||
10 | Department
of Human Services or his or her designee , one public | ||||||
11 | member representing and 2 representatives
from private | ||||||
12 | business who is knowledgeable of the employment needs and | ||||||
13 | concerns of persons with developmental disabilities, one | ||||||
14 | public member representing private business who is | ||||||
15 | knowledgeable of the needs and concerns of rehabilitation | ||||||
16 | facilities, one and 2 public member who is knowledgeable of the | ||||||
17 | employment needs and concerns of persons with developmental | ||||||
18 | disabilities, one public member who is knowledgeable of the | ||||||
19 | needs and concerns of rehabilitation facilities, and 2 public | ||||||
20 | members from a statewide association that represents | ||||||
21 | community-based rehabilitation facilities, members all | ||||||
22 | appointed by the
Governor who are
knowledgeable in the needs | ||||||
23 | and concerns of rehabilitation
facilities in Illinois . The | ||||||
24 | public
members shall serve 2 year terms, commencing upon | ||||||
25 | appointment and
every 2 years thereafter.
A public member may | ||||||
26 | be reappointed, and vacancies shall may be filled by
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1 | appointment for the
completion of the term. In the event there | ||||||
2 | is a vacancy on the Committee, the Governor must make an | ||||||
3 | appointment to fill that vacancy within 30 calendar days after | ||||||
4 | the notice of vacancy. The members shall serve without
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5 | compensation but shall be reimbursed
for expenses at a rate | ||||||
6 | equal to that of State employees on a per
diem basis by the | ||||||
7 | Department
of Central Management Services. All members shall be | ||||||
8 | entitled to
vote on issues before the
committee.
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9 | The committee shall have the following powers and duties:
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10 | (1) To request from any State agency information as to
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11 | product specification
and service requirements in order to | ||||||
12 | carry out its purpose.
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13 | (2) To meet quarterly or more often as necessary to
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14 | carry out its purposes.
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15 | (3) To request a quarterly report from each
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16 | participating qualified not-for-profit agency for persons | ||||||
17 | with severe disabilities the severely
handicapped | ||||||
18 | describing the volume of sales for each product or
service | ||||||
19 | sold under this Section.
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20 | (4) To prepare a report for the Governor annually.
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21 | (5) To prepare a publication that lists all supplies
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22 | and services currently
available from any qualified | ||||||
23 | not-for-profit agency for persons with severe disabilities | ||||||
24 | the
severely handicapped . This list and
any revisions shall | ||||||
25 | be distributed to all purchasing agencies.
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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 the severely
handicapped and | ||||||
3 | discourage unnecessary duplication or
competition among | ||||||
4 | facilities.
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5 | (7) To develop guidelines to be followed by qualifying
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6 | agencies for
participation under the provisions of this | ||||||
7 | Section. The
guidelines shall be developed within
6 months | ||||||
8 | after the effective date of this Code and made available
on | ||||||
9 | a nondiscriminatory basis
to all qualifying agencies.
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10 | (8) To review all bids submitted under the provisions
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11 | of this Section and reject
any bid for any purchase that is | ||||||
12 | determined to be substantially
more than the purchase would
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13 | have cost had it been competitively bid.
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14 | (9) To develop a 5-year plan for increasing the number | ||||||
15 | of products and services purchased from qualified | ||||||
16 | not-for-profit agencies for persons with severe | ||||||
17 | disabilities, including the feasibility of developing | ||||||
18 | mandatory set-aside contracts. This 5-year plan must be | ||||||
19 | developed no later than 180 calendar days after the | ||||||
20 | effective date of this amendatory Act of the 96th General | ||||||
21 | Assembly. | ||||||
22 | (c-5) Conditions for Use. Each chief procurement officer | ||||||
23 | shall, in consultation with the State Use Committee, determine | ||||||
24 | which articles, materials, services, food stuffs, and supplies | ||||||
25 | that are produced, manufactured, or provided by persons with | ||||||
26 | severe disabilities in qualified not-for-profit agencies shall |
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1 | be given preference by purchasing agencies procuring those | ||||||
2 | items. | ||||||
3 | (d) Former committee. The committee created under
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4 | subsection (c) shall replace the
committee created under | ||||||
5 | Section 7-2 of the Illinois Purchasing Act,
which shall
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6 | continue to operate until the appointments under subsection (c)
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7 | are made.
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8 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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