HB5474 100TH GENERAL ASSEMBLY

LRB100 20714 RJF 36182 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5474

Introduced , by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

New Act

Creates the Ethics in Public Contracting Act. Provides that whenever any public body has taken an action suspending, debarring, or otherwise limiting the ability of a person to enter into a public contract, the public body shall provide a report to the Secretary of State identifying specified information. Requires the Secretary of State, within 12 months after the effective date of the Act, to establish and maintain a website, known as the Ethics in Public Contracting Portal, with information received from all public bodies. Provides that a public body may reciprocate another public body's suspension, debarment, or other limitation on the ability of a person to enter into a public contract. Provides that the Secretary of State shall adopt rules to carry out the intent of the Act, and to provide a review process for persons to petition for removal from the Ethics in Public Contracting Portal. Defines terms. Effective immediately.

A BILL FOR

AN ACT concerning finance.

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 Ethics in Public Contracting Act.

Section 5. Purpose. The purpose of this Act is to promote inter-governmental cooperation in providing full and complete disclosure to the public of any entity against whom a public body has taken an action limiting the ability of that entity to enter into a public contract.

Section 10. Definitions. As used in this Act:

"Public body" means all legislative, executive, administrative, or advisory bodies of the State, State universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing, including, but not limited to, committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code.

"Person" means any business, public or private corporation, partnership, individual, union, committee, club, unincorporated association or other organization or group of individuals, or other legal entity.

Section 15. Public body notification. Whenever any public body has taken an action suspending, debarring, or otherwise limiting the ability of a person to enter into a public contract, the public body shall provide a report to the Secretary of State identifying: (i) the public body submitting the report; (ii) the legal name and Secretary of State registration number of the person; and (iii) a summary of the action taken against the person, including the effective length of time of such action.

Section 20. Ethics in Public Contracting Portal. The Secretary of State, within 12 months after the effective date of this Act, shall establish and maintain a website, known as the Ethics in Public Contracting Portal, with information received from all public bodies as defined in this Act.

Section 25. Public body reciprocity rights. A public body may reciprocate another public body's suspension, debarment, or other limitation on the ability of a person to enter into a public contract.

Section 30. Adoption of rules. The Secretary of State shall adopt rules to carry out the intent of this Act, and to provide a review process for persons to petition for removal from the Ethics in Public Contracting Portal.

Section 99. Effective date. This Act takes effect upon becoming law.