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| Public Act 096-0634 |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Procurement Code is amended by | ||||
changing Section 45-35 as follows:
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(30 ILCS 500/45-35)
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Sec. 45-35.
Facilities Sheltered workshops for persons | ||||
with severe disabilities the severely
handicapped.
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(a) Qualification. Supplies and services may be procured
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without advertising or calling
for bids from any qualified | ||||
not-for-profit agency for persons with severe disabilities the | ||||
severely
handicapped that:
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(1) complies with Illinois laws governing private
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not-for-profit organizations;
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(2) is certified as a sheltered workshop by the Wage
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and Hour Division of the
United States Department of Labor; | ||||
and
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(3) meets the applicable Illinois Department of Human
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Services just standards for
rehabilitation facilities.
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(b) Participation. To participate, the not-for-profit
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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 market price.
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(c) Committee. There is created within the Department of
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Central Management
Services a committee to facilitate the | ||
purchase of products and
services of persons so severely
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disabled handicapped by a physical, developmental, or mental | ||
disability or a combination of any of those disabilities that | ||
they cannot
engage in normal competitive
employment. This | ||
committee is called the State Use Committee. The committee | ||
shall consist of the Director of the
Department of Central
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Management Services or his or her designee, the Director of the | ||
Department
of Human Services or his or her designee, one public | ||
member representing and 2 representatives
from private | ||
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 and 2 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, members all | ||
appointed by the
Governor who are
knowledgeable in the needs | ||
and concerns of rehabilitation
facilities in Illinois. 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 may be filled by
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appointment for the
completion of the term. In the event there | ||
is a vacancy on the 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
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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
committee.
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The committee shall have the following powers and duties:
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(1) To request from any State agency information as to
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product specification
and service requirements in order to | ||
carry out its purpose.
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(2) To meet quarterly or more often as necessary to
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carry out its purposes.
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(3) To request a quarterly report from each
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participating qualified not-for-profit agency for persons | ||
with severe disabilities the severely
handicapped | ||
describing the volume of sales for each product or
service | ||
sold under this Section.
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(4) To prepare a report for the Governor annually.
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(5) To prepare a publication that lists all supplies
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and services currently
available from any qualified | ||
not-for-profit agency for persons with severe disabilities | ||
the
severely handicapped. This list and
any revisions shall | ||
be distributed to all purchasing agencies.
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(6) To encourage diversity in supplies and services
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provided by qualified not-for-profit agencies for persons | ||
with severe disabilities the severely
handicapped and | ||
discourage unnecessary duplication or
competition among | ||
facilities.
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(7) To develop guidelines to be followed by qualifying
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agencies for
participation under the provisions of this | ||
Section. The
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.
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(8) To review all bids submitted under the provisions
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of this Section and reject
any bid for any purchase that is | ||
determined to be substantially
more than the purchase would
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have cost had it been competitively bid.
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(9) To develop a 5-year plan for increasing the number | ||
of products and services purchased from qualified | ||
not-for-profit agencies for persons with severe | ||
disabilities, including the feasibility of developing | ||
mandatory set-aside contracts. This 5-year plan must be | ||
developed no later than 180 calendar days after the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly. | ||
(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 | ||
severe disabilities in qualified not-for-profit agencies shall | ||
be given preference by purchasing agencies procuring those | ||
items. | ||
(d) Former committee. The committee created under
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subsection (c) shall replace the
committee created under | ||
Section 7-2 of the Illinois Purchasing Act,
which shall
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continue to operate until the appointments under subsection (c)
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are made.
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(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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