| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning State government.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Civil Administrative Code of Illinois is | ||||||
| 5 | amended by adding Section 5-725 as follows: | ||||||
| 6 | (20 ILCS 5/5-725 new) | ||||||
| 7 | Sec. 5-725. Third-party State contracts. | ||||||
| 8 | (a) For purposes of this Sections: | ||||||
| 9 | "Contractor" means any entity, including an | ||||||
| 10 | individual, institution, federal, State, or local | ||||||
| 11 | governmental entity, or any other public or private entity, | ||||||
| 12 | that enters into a third-party contract. | ||||||
| 13 | "State agency" means an executive office, department, | ||||||
| 14 | division, board, commission, or other office in the | ||||||
| 15 | executive branch of State government. | ||||||
| 16 | "Third-party contract" means an agreement, or | ||||||
| 17 | combination or series of agreements, by which a contractor | ||||||
| 18 | agrees with a State agency to provide services that are | ||||||
| 19 | substantially similar to and in lieu of services that would | ||||||
| 20 | otherwise be performed, in whole or in part, by State | ||||||
| 21 | employees. | ||||||
| 22 | "State employee" means an employee of any State agency. | ||||||
| 23 | (b) Notwithstanding any law to the contrary, third-party | ||||||
| |||||||
| |||||||
| 1 | contracts are permissible only when they are in the best | ||||||
| 2 | interests of the State. For purposes of this Section, a | ||||||
| 3 | third-party contract is in the best interests of the State when | ||||||
| 4 | it is clearly demonstrated that all of the following conditions | ||||||
| 5 | are met: | ||||||
| 6 | (1) The proposed third-party contract will result in | ||||||
| 7 | significant and measurable overall cost savings to the | ||||||
| 8 | State. | ||||||
| 9 | (2) The savings shall be large enough to ensure that | ||||||
| 10 | they will not be eliminated by private sector and State | ||||||
| 11 | cost fluctuations that could normally be expected during | ||||||
| 12 | the third-party contracting period. | ||||||
| 13 | (3) The amount of savings clearly justify the size and | ||||||
| 14 | duration of the third-party contract. | ||||||
| 15 | (4) The savings will not be achieved through | ||||||
| 16 | diminishment in the quality or quantity of services. | ||||||
| 17 | (5) The third-party contract is awarded through a | ||||||
| 18 | competitive bidding process as set forth in the Illinois | ||||||
| 19 | Procurement Code. | ||||||
| 20 | (6) The potential for future economic risk to the State | ||||||
| 21 | from potential contractor rate increases or increased | ||||||
| 22 | obstacles to future competitive bidding is minimal. | ||||||
| 23 | (7) The third-party contract does not adversely affect | ||||||
| 24 | the State's affirmative action efforts or veterans' hiring | ||||||
| 25 | preferences. | ||||||
| 26 | (8) The potential economic advantage of a third-party | ||||||
| |||||||
| |||||||
| 1 | contract is not outweighed by the public's interest in | ||||||
| 2 | having a particular service performed directly by State | ||||||
| 3 | employees. | ||||||
| 4 | (9) The proposed third-party contract would not have | ||||||
| 5 | the effect of moving Illinois jobs to other states or | ||||||
| 6 | countries.
| ||||||
| 7 | Section 99. Effective date. This Act takes effect upon | ||||||
| 8 | becoming law.
| ||||||