SB1602 Engrossed LRB096 10304 JAM 20474 b

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 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 contract,
11 all aspects of the provision of services provided by a private
12 contractor pursuant to a third-party contract, or any services
13 provided by a subcontractor of a private contractor.
14     "Person" means an individual or a non-governmental
15 institution or entity.
16     "Third-party contract" means an agreement or combination
17 or series of agreements by which a private contractor agrees
18 with a State agency to provide services valued at $50,000 or
19 more that are substantially similar to and in lieu of services
20 that have been provided by public employees of a State agency.
21     "Private contractor" means any person that submits a bid to
22 enter into or who enters into a third-party contract as that
23 term is defined in this Section.

 

 

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1     "Public employee" means an employee of any State agency.
 
2     Section 10. Third-party contracts; requirements.
3     (a) A State agency may enter into a third-party contract
4 with a private contractor for services currently performed by
5 public employees upon 90 days' written notice to the affected
6 public employees and any collective bargaining agent they may
7 have; provided that:
8         (1) a third-party contract must not be entered into and
9     become effective during the term of a collective bargaining
10     agreement, affecting any public employees who currently
11     perform the services;
12         (2) a third-party contract may take effect only upon
13     the expiration of an existing collective bargaining
14     agreement applicable to the affected public employees;
15         (3) any private contractor that submits a bid to
16     perform the services shall provide the following:
17             (A) evidence of liability insurance of adequate
18         scope and amount;
19             (B) a benefits package for the private
20         contractor's employees who will perform the services
21         comparable to the benefits package provided to public
22         employees who perform those services;
23             (C) a list of the number of employees who will
24         provide the services, the job classifications of those
25         employees, and the wages the private contractor will

 

 

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1         pay those employees;
2             (D) a minimum 3-year cost projection, using
3         generally accepted accounting principles and which the
4         private contractor is prohibited from increasing if
5         the bid is accepted by the State agency, for each and
6         every expenditure category and account for performing
7         the services;
8             (E) composite information about the criminal and
9         disciplinary records, including alcohol or other
10         substance abuse, Department of Children and Family
11         Services complaints and investigations, traffic
12         violations, and license revocations or any other
13         licensure problems, of any employees who may perform
14         the services, provided that the individual names and
15         other identifying information of employees need not be
16         provided with the submission of the bid, but must be
17         made available upon request of the State agency; and
18             (F) an affidavit, notarized by the president or
19         chief executive officer of the private contractor,
20         that each of its employees has completed a criminal
21         background check within 3 months prior to submission of
22         the bid, provided that the results of those background
23         checks need not be provided with the submission of the
24         bid, but must be made available upon request of the
25         State agency.
26         (4) a third-party contract must not be entered into

 

 

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1     unless the State agency provides a cost comparison, using
2     generally accepted accounting principles, of each and
3     every expenditure category and account that the State
4     agency projects it would incur over the term of the
5     third-party contract if it continued to perform the
6     services using its own public employees with each and every
7     expenditure category and account that is projected a
8     private contractor would incur if a private contractor
9     performed the services;
10         (5) review and consideration of all bids by private
11     contractors to perform the services shall take place in
12     open session of a meeting announced and scheduled in
13     accordance with the guidelines normally followed for
14     meetings covered by the Open Meetings Act;
15         (6) a minimum of 2 public hearings to discuss the State
16     agency's proposal to contract with a private contractor to
17     perform services must be held before the State agency may
18     enter into a third-party contract; the State agency must
19     provide notice to the public of the date, time, and
20     location of the first public hearing on or before the
21     initial date that bids to provide the services are
22     solicited or a minimum of 30 days prior to entering into a
23     third-party contract, whichever provides a greater period
24     of notice;
25         (7) a third-party contract shall contain provisions
26     requiring the private contractor to offer available

 

 

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1     employee positions pursuant to the third-party contract to
2     qualified public employees who are laid off because of the
3     third-party contract; and
4         (8) a third-party contract shall contain provisions
5     requiring the private contractor to comply with a policy of
6     nondiscrimination and equal employment opportunity for all
7     persons and to take affirmative steps to provide equal
8     opportunity for all persons.
9     (b) Notwithstanding subsection (a) of this Section, the
10 State agency may enter into a third-party contract, of no
11 longer than 3 months in duration, with a private contractor for
12 services currently performed by a public employee or employees
13 for the purpose of augmenting the current workforce in an
14 emergency situation that threatens the safety or health of the
15 public employees or the direct recipients of services, provided
16 that the State agency meets all of its obligations under the
17 Illinois Public Labor Relations Act.
18     (c) For purposes of this Section, "third-party contract"
19 does not include an agreement with the Department of Human
20 Services to provide services under a rate structure that
21 defines wage rates. For purposes of this Section, "third-party
22 contract" does not include an agreement between a State agency
23 and a private contractor (i) in effect on the effective date of
24 this Act; (ii) for services substantially similar to services
25 provided, in whole or in part, by a private contractor to the
26 State agency on or before the effective date of this Act; or

 

 

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1 (iii) for professional services such as auditing, accounting,
2 legal, architectural, information technology, or engineering
3 services.