Bill Text: IL HB0588 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Public Service Accountability Act. Specifies the conditions under which a State executive branch agency may enter into a contract with a private entity for the performance of services currently performed by public employees. Imposes conditions on any rulemaking authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0588 Detail]

Download: Illinois-2009-HB0588-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0588 Introduced 2/6/2009, by Rep. Gary Hannig SYNOPSIS AS INTRODUCED:
New Act
Creates the Public Service Accountability Act. Specifies the conditions under which a State executive branch agency may enter into a contract with a private entity for the performance of services currently performed by public employees.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Public
Service Accountability Act.
Section 5. Definitions. For purposes of this Act:
"State agency" or "agency" means an executive office,
department, division, board, commission, or other office or
officer in the executive branch of State government.
"Services" means, with respect to a third-party
contractor, all aspects of the provision of services provided
by a private contractor pursuant to a third-party contract, or
any services provided by a subcontractor of a third-party
contractor.
"Person" means an individual, institution, federal, State,
or local governmental entity, or any other public or private
entity.
"Third-party contract" means an agreement or combination
or series of agreements by which a non-governmental person or
entity agrees with a State agency to provide services valued at
$50,000 or more that are substantially similar to and in lieu
of services that have been provided or that could have been
provided, in whole or in part, by regular employees of an

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agency.
"Private contractor" means any entity that enters into a
third-party contract as that term is defined in this Section.
"Public employee" means an employee of any State department
or agency.
Section 10. Third-party contracts; requirements.
(a) A State agency may enter into a contract with a third
party for services currently performed by public employees upon
90 days written notice to the affected employees and any
collective bargaining agent they may have; provided that:
(1) a contract must not be entered into and become
effective during the term of a collective bargaining
agreement, affecting any employees who currently perform
the services;
(2) a contract may take effect only upon the expiration
of an existing collective bargaining agreement;
(3) any third party that submits a bid to perform the
services shall provide the following:
(A) evidence of liability insurance of adequate
scope and amount;
(B) a benefits package for the third party's
employees who will perform the services comparable to
the benefits package provided to employees who perform
those services;
(C) a list of the number of employees who will

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provide the services, the job classifications of those
employees, and the wages the third party will pay those
employees;
(D) a minimum 3-year cost projection, using
generally accepted accounting principles and which the
third party is prohibited from increasing if the bid is
accepted by the State agency, for each and every
expenditure category and account for performing the
services;
(E) composite information about the criminal and
disciplinary records, including alcohol or other
substance abuse, Department of Children and Family
Services complaints and investigations, traffic
violations, and license revocations or any other
licensure problems, of any employees who may perform
the services, provided that the individual names and
other identifying information of employees need not be
provided with the submission of the bid, but must be
made available upon request of the State agency; and
(F) an affidavit, notarized by the president or
chief executive officer of the third party, that each
of its employees has completed a criminal background
check within 3 months prior to submission of the bid,
provided that the results of those background checks
need not be provided with the submission of the bid,
but must be made available upon request of the State

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agency.
(4) a contract must not be entered into unless the
State agency provides a cost comparison, using generally
accepted accounting principles, of each and every
expenditure category and account that the State agency
projects it would incur over the term of the contract if it
continued to perform the services using its own employees
with each and every expenditure category and account that
is projected a third party would incur if a third party
performed the services;
(5) review and consideration of all bids by third
parties to perform the services shall take place in open
session of a meeting announced and scheduled in accordance
with the guidelines normally followed for meetings covered
by the Open Meetings Act;
(6) a minimum of 2 public hearings to discuss the State
agency's proposal to contract with a third party to perform
services must be held before the State agency may enter
into such a contract; the State agency must provide notice
to the public of the date, time, and location of the first
public hearing on or before the initial date that bids to
provide the services are solicited or a minimum of 30 days
prior to entering into such a contract, whichever provides
a greater period of notice;
(7) a contract shall contain provisions requiring the
contractor to offer available employee positions pursuant

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to the contract to qualified employees who are laid off
because of the contract; and
(8) a contract shall contain provisions requiring the
contractor to comply with a policy of nondiscrimination and
equal employment opportunity for all persons and to take
affirmative steps to provide equal opportunity for all
persons.
(b) Notwithstanding subsection (a) of this Section, the
State agency may enter into a contract, of no longer than 3
months in duration, with a third party for services currently
performed by an employee for the purpose of augmenting the
current workforce in an emergency situation that threatens the
safety or health of the employees or the direct recipients of
services, provided that the State agency meets all of its
obligations under the Illinois Public Labor Relations Act.
Section 15. Rulemaking conditions. Rulemaking authority to
implement this Act, if any, is conditioned on the rules being
adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.