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1 | AN ACT concerning State government.
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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 1. Short title. This Act may be cited as the Public | ||||||
5 | Service Accountability Act. | ||||||
6 | Section 5. Definitions. For purposes of this Act: | ||||||
7 | "State agency" or "agency" means an executive office, | ||||||
8 | department, division, board, commission, or other office or | ||||||
9 | officer in the executive branch of State government. | ||||||
10 | "Services" means, with respect to a third-party | ||||||
11 | contractor, all aspects of the provision of services provided | ||||||
12 | by a private contractor pursuant to a third-party contract, or | ||||||
13 | any services provided by a subcontractor of a third-party | ||||||
14 | contractor. | ||||||
15 | "Person" means an individual, institution, federal, State, | ||||||
16 | or local governmental entity, or any other public or private | ||||||
17 | entity. | ||||||
18 | "Third-party contract" means an agreement or combination | ||||||
19 | or series of agreements by which a non-governmental person or | ||||||
20 | entity agrees with a State agency to provide services valued at | ||||||
21 | $50,000 or more that are substantially similar to and in lieu | ||||||
22 | of services that have been provided or that could have been | ||||||
23 | provided, in whole or in part, by regular employees of an |
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1 | agency. | ||||||
2 | "Private contractor" means any entity that enters into a | ||||||
3 | third-party contract as that term is defined in this Section. | ||||||
4 | "Public employee" means an employee of any State department | ||||||
5 | or agency. | ||||||
6 | Section 10. Third-party contracts; requirements. | ||||||
7 | (a) A State agency may enter into a contract with a third | ||||||
8 | party for services currently performed by public employees upon | ||||||
9 | 90 days written notice to the affected employees and any | ||||||
10 | collective bargaining agent they may have; provided that: | ||||||
11 | (1) a contract must not be entered into and become | ||||||
12 | effective during the term of a collective bargaining | ||||||
13 | agreement, affecting any employees who currently perform | ||||||
14 | the services; | ||||||
15 | (2) a contract may take effect only upon the expiration | ||||||
16 | of an existing collective bargaining agreement; | ||||||
17 | (3) any third party that submits a bid to perform the | ||||||
18 | services shall provide the following: | ||||||
19 | (A) evidence of liability insurance of adequate | ||||||
20 | scope and amount; | ||||||
21 | (B) a benefits package for the third party's | ||||||
22 | employees who will perform the services comparable to | ||||||
23 | the benefits package provided to employees who perform | ||||||
24 | those services; | ||||||
25 | (C) a list of the number of employees who will |
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1 | provide the services, the job classifications of those | ||||||
2 | employees, and the wages the third party will pay those | ||||||
3 | employees; | ||||||
4 | (D) a minimum 3-year cost projection, using | ||||||
5 | generally accepted accounting principles and which the | ||||||
6 | third party is prohibited from increasing if the bid is | ||||||
7 | accepted by the State agency, for each and every | ||||||
8 | expenditure category and account for performing the | ||||||
9 | services; | ||||||
10 | (E) composite information about the criminal and | ||||||
11 | disciplinary records, including alcohol or other | ||||||
12 | substance abuse, Department of Children and Family | ||||||
13 | Services complaints and investigations, traffic | ||||||
14 | violations, and license revocations or any other | ||||||
15 | licensure problems, of any employees who may perform | ||||||
16 | the services, provided that the individual names and | ||||||
17 | other identifying information of employees need not be | ||||||
18 | provided with the submission of the bid, but must be | ||||||
19 | made available upon request of the State agency; and | ||||||
20 | (F) an affidavit, notarized by the president or | ||||||
21 | chief executive officer of the third party, that each | ||||||
22 | of its employees has completed a criminal background | ||||||
23 | check within 3 months prior to submission of the bid, | ||||||
24 | provided that the results of those background checks | ||||||
25 | need not be provided with the submission of the bid, | ||||||
26 | but must be made available upon request of the State |
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1 | agency. | ||||||
2 | (4) a contract must not be entered into unless the | ||||||
3 | State agency provides a cost comparison, using generally | ||||||
4 | accepted accounting principles, of each and every | ||||||
5 | expenditure category and account that the State agency | ||||||
6 | projects it would incur over the term of the contract if it | ||||||
7 | continued to perform the services using its own employees | ||||||
8 | with each and every expenditure category and account that | ||||||
9 | is projected a third party would incur if a third party | ||||||
10 | performed the services; | ||||||
11 | (5) review and consideration of all bids by third | ||||||
12 | parties to perform the services shall take place in open | ||||||
13 | session of a meeting announced and scheduled in accordance | ||||||
14 | with the guidelines normally followed for meetings covered | ||||||
15 | by the Open Meetings Act; | ||||||
16 | (6) a minimum of 2 public hearings to discuss the State | ||||||
17 | agency's proposal to contract with a third party to perform | ||||||
18 | services must be held before the State agency may enter | ||||||
19 | into such a contract; the State agency must provide notice | ||||||
20 | to the public of the date, time, and location of the first | ||||||
21 | public hearing on or before the initial date that bids to | ||||||
22 | provide the services are solicited or a minimum of 30 days | ||||||
23 | prior to entering into such a contract, whichever provides | ||||||
24 | a greater period of notice; | ||||||
25 | (7) a contract shall contain provisions requiring the | ||||||
26 | contractor to offer available employee positions pursuant |
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1 | to the contract to qualified employees who are laid off | ||||||
2 | because of the contract; and | ||||||
3 | (8) a contract shall contain provisions requiring the | ||||||
4 | contractor to comply with a policy of nondiscrimination and | ||||||
5 | equal employment opportunity for all persons and to take | ||||||
6 | affirmative steps to provide equal opportunity for all | ||||||
7 | persons. | ||||||
8 | (b) Notwithstanding subsection (a) of this Section, the | ||||||
9 | State agency may enter into a contract, of no longer than 3 | ||||||
10 | months in duration, with a third party for services currently | ||||||
11 | performed by an employee for the purpose of augmenting the | ||||||
12 | current workforce in an emergency situation that threatens the | ||||||
13 | safety or health of the employees or the direct recipients of | ||||||
14 | services, provided that the State agency meets all of its | ||||||
15 | obligations under the Illinois Public Labor Relations Act.
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16 | Section 15. Rulemaking. Notwithstanding any other | ||||||
17 | rulemaking authority that may exist, neither the Governor nor | ||||||
18 | any agency or agency head under the jurisdiction of the | ||||||
19 | Governor has any authority to make or promulgate rules to | ||||||
20 | implement or enforce the provisions of this Act. If, however, | ||||||
21 | the Governor believes that rules are necessary to implement or | ||||||
22 | enforce the provisions of this Act, the Governor may suggest | ||||||
23 | rules to the General Assembly by filing them with the Clerk of | ||||||
24 | the House and the Secretary of the Senate and by requesting | ||||||
25 | that the General Assembly authorize such rulemaking by law, |
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1 | enact those suggested rules into law, or take any other | ||||||
2 | appropriate action in the General Assembly's discretion. | ||||||
3 | Nothing contained in this Act shall be interpreted to grant | ||||||
4 | rulemaking authority under any other Illinois statute where | ||||||
5 | such authority is not otherwise explicitly given. For the | ||||||
6 | purposes of this Section, "rules" is given the meaning | ||||||
7 | contained in Section 1-70 of the Illinois Administrative | ||||||
8 | Procedure Act, and "agency" and "agency head" are given the | ||||||
9 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
10 | Administrative Procedure Act to the extent that such | ||||||
11 | definitions apply to agencies or agency heads under the | ||||||
12 | jurisdiction of the Governor.
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