Bill Text: IL SB2957 | 2019-2020 | 101st General Assembly | Introduced
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 7-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB2957 Detail]
Download: Illinois-2019-SB2957-Introduced.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. Not-for-profit agencies for persons with | |||||||||||||||||||
8 | significant disabilities. | |||||||||||||||||||
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 significant | |||||||||||||||||||
12 | disabilities 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 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
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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.
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5 | Notwithstanding any provision of law to the contrary, any | ||||||
6 | qualified not-for-profit agency for persons with significant | ||||||
7 | disabilities entering into a contract for supplies and services | ||||||
8 | under this Section shall offer a minimum hourly wage to its | ||||||
9 | employees that is set at or above the State minimum wage | ||||||
10 | established under Section 4 of the Minimum Wage Law. | ||||||
11 | (b) Participation. To participate, the not-for-profit
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12 | agency must have indicated an
interest in providing the | ||||||
13 | supplies and services, must meet the
specifications and needs | ||||||
14 | of the
using agency, and must set a fair and reasonable price.
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15 | (c) Committee. There is created within the Department of
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16 | Central Management
Services a committee to facilitate the | ||||||
17 | purchase of products and
services of persons with a significant | ||||||
18 | physical, developmental, or mental disability or a combination | ||||||
19 | of any of those disabilities who cannot
engage in normal | ||||||
20 | competitive
employment due to the significant disability or | ||||||
21 | combination of those disabilities. This committee is called the | ||||||
22 | State Use Committee. The State Use Committee shall consist of | ||||||
23 | the Director of the
Department of Central
Management Services | ||||||
24 | or his or her designee, the Secretary Director of the | ||||||
25 | Department
of Human Services or his or her designee, one public | ||||||
26 | member representing private business who is knowledgeable of |
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1 | the employment needs and concerns of persons with developmental | ||||||
2 | disabilities, one public member representing private business | ||||||
3 | who is knowledgeable of the needs and concerns of | ||||||
4 | rehabilitation facilities, one public member who is | ||||||
5 | knowledgeable of the employment needs and concerns of persons | ||||||
6 | with developmental disabilities, one public member who is | ||||||
7 | knowledgeable of the needs and concerns of rehabilitation | ||||||
8 | facilities, and 2 public members from a statewide association | ||||||
9 | that represents community-based rehabilitation facilities, all | ||||||
10 | appointed by the
Governor. The public
members shall serve 2 | ||||||
11 | year terms, commencing upon appointment and
every 2 years | ||||||
12 | thereafter.
A public member may be reappointed, and vacancies | ||||||
13 | shall be filled by
appointment for the
completion of the term. | ||||||
14 | In the event there is a vacancy on the State Use Committee, the | ||||||
15 | Governor must make an appointment to fill that vacancy within | ||||||
16 | 30 calendar days after the notice of vacancy. The members shall | ||||||
17 | serve without
compensation but shall be reimbursed
for expenses | ||||||
18 | at a rate equal to that of State employees on a per
diem basis | ||||||
19 | by the Department
of Central Management Services. All members | ||||||
20 | shall be entitled to
vote on issues before the
State Use | ||||||
21 | Committee.
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22 | The State Use Committee shall have the following powers and | ||||||
23 | duties:
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24 | (1) To request from any State agency information as to
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25 | product specification
and service requirements in order to | ||||||
26 | carry out its purpose.
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1 | (2) To meet quarterly or more often as necessary to
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2 | carry out its purposes.
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3 | (3) To request a quarterly report from each
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4 | participating qualified not-for-profit agency for persons | ||||||
5 | with significant disabilities describing the volume of | ||||||
6 | sales for each product or
service sold under this Section.
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7 | (4) To prepare a report for the Governor and General | ||||||
8 | Assembly no later than December 31 of each year. The | ||||||
9 | requirement for reporting to the General Assembly shall be | ||||||
10 | satisfied by following the procedures set forth in Section | ||||||
11 | 3.1 of the General Assembly Organization Act.
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12 | (5) To prepare a publication that lists all supplies
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13 | and services currently
available from any qualified | ||||||
14 | not-for-profit agency for persons with significant | ||||||
15 | disabilities. This list and
any revisions shall be | ||||||
16 | distributed to all purchasing agencies.
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17 | (6) To encourage diversity in supplies and services
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18 | provided by qualified not-for-profit agencies for persons | ||||||
19 | with significant disabilities and discourage unnecessary | ||||||
20 | duplication or
competition among not-for-profit agencies.
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21 | (7) To develop guidelines to be followed by qualifying
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22 | agencies for
participation under the provisions of this | ||||||
23 | Section. Guidelines shall include a list of national | ||||||
24 | accrediting organizations which satisfy the requirements | ||||||
25 | of item (3) of subsection (a) of this Section. The
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26 | guidelines shall be developed within
6 months after the |
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1 | effective date of this Code and made available
on a | ||||||
2 | nondiscriminatory basis
to all qualifying agencies. The | ||||||
3 | new guidelines required under this item (7) by Public Act | ||||||
4 | 100-203 this amendatory Act of the 100th General Assembly | ||||||
5 | shall be developed within 6 months after August 18, 2017 | ||||||
6 | ( the effective date of Public Act 100-203) this amendatory | ||||||
7 | Act of the 100th General Assembly and made available on a | ||||||
8 | non-discriminatory basis to all qualifying not-for-profit | ||||||
9 | agencies.
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10 | (8) To review all pricing submitted under the | ||||||
11 | provisions
of this Section and may approve a proposed | ||||||
12 | agreement for supplies or services where the price | ||||||
13 | submitted is fair and reasonable.
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14 | (9) To, not less than every 3 years, adopt a strategic | ||||||
15 | plan for increasing the number of products and services | ||||||
16 | purchased from qualified not-for-profit agencies for | ||||||
17 | persons with significant disabilities, including the | ||||||
18 | feasibility of developing mandatory set-aside contracts. | ||||||
19 | (c-5) Conditions for Use. Each chief procurement officer | ||||||
20 | shall, in consultation with the State Use Committee, determine | ||||||
21 | which articles, materials, services, food stuffs, and supplies | ||||||
22 | that are produced, manufactured, or provided by persons with | ||||||
23 | significant disabilities in qualified not-for-profit agencies | ||||||
24 | shall be given preference by purchasing agencies procuring | ||||||
25 | those items. | ||||||
26 | (d) (Blank).
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1 | (e) Subcontracts. Subcontracts shall be permitted for | ||||||
2 | agreements authorized under this Section. For the purposes of | ||||||
3 | this subsection (e), "subcontract" means any acquisition from | ||||||
4 | another source of supplies, not including raw materials, or | ||||||
5 | services required by a qualified not-for-profit agency to | ||||||
6 | provide the supplies or services that are the subject of the | ||||||
7 | contract between the State and the qualified not-for-profit | ||||||
8 | agency. | ||||||
9 | The State Use Committee shall develop guidelines to be | ||||||
10 | followed by qualified not-for-profit agencies when seeking and | ||||||
11 | establishing subcontracts with other persons or not-for-profit | ||||||
12 | agencies in order to fulfill State contract requirements. These | ||||||
13 | guidelines shall include the following: | ||||||
14 | (i) The State Use Committee must approve all | ||||||
15 | subcontracts and substantive amendments to subcontracts | ||||||
16 | prior to execution or amendment of the subcontract. | ||||||
17 | (ii) A qualified not-for-profit agency shall not enter | ||||||
18 | into a subcontract, or any combination of subcontracts, to | ||||||
19 | fulfill an entire requirement, contract, or order without | ||||||
20 | written State Use Committee approval. | ||||||
21 | (iii) A qualified not-for-profit agency shall make | ||||||
22 | reasonable efforts to utilize subcontracts with other | ||||||
23 | not-for-profit agencies for persons with significant | ||||||
24 | disabilities. | ||||||
25 | (iv) For any subcontract not currently performed by a | ||||||
26 | qualified not-for-profit agency, the primary qualified |
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1 | not-for-profit agency must provide to the State Use | ||||||
2 | Committee the following: (A) a written explanation as to | ||||||
3 | why the subcontract is not performed by a qualified | ||||||
4 | not-for-profit agency, and (B) a written plan to transfer | ||||||
5 | the subcontract to a qualified not-for-profit agency, as | ||||||
6 | reasonable. | ||||||
7 | (Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)
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