101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3574

 

Introduced , by Rep. Keith R. Wheeler

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Ethics in Public Contracting Act. Provides that whenever any State agency or chief procurement officer has taken an action to issue a suspension, debarment, or limit the ability of a business or person to enter into a public contract as otherwise provided by law, the public body or the chief procurement officer shall provide a report to the Executive Ethics Commission identifying specified items. Provides that whenever any unit of local government has taken an action to issue a suspension, debarment, or limit the ability of a business or person to enter into a public contract as otherwise provided by law, the unit of local government may provide a report to the Executive Ethics Commission identifying specified items. Provides that the Executive Ethics Commission, within 12 months after the effective date of the Act, shall establish and maintain a website, known as the Ethics in Public Contracting Portal, with information received from all State agencies and units of local government. Provides that a State agency or unit of local government may reciprocate another public body's suspension, debarment, or other limitation on the ability of a business or person to enter into a public contract. Provides that the Executive Ethics Commission 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.


LRB101 10048 RJF 55150 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3574LRB101 10048 RJF 55150 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Ethics
5in Public Contracting Act.
 
6    Section 5. Purpose. The purpose of this Act is to promote
7inter-governmental cooperation in providing full and complete
8disclosure to the public of any entity against whom a public
9body has taken an action limiting the ability of that entity to
10enter into a public contract.
 
11    Section 10. Definitions. As used in this Act:
12    "Business" has the meaning provided under Section 1-15.10
13of the Illinois Procurement Code.
14    "Chief procurement officer" means an independent chief
15procurement officer as provided for under Section 10-20 of the
16Illinois Procurement Code.
17    "Person" has the meaning provided under Section 1-15.55 of
18the Illinois Procurement Code.
19    "State agency" has the meaning provided under Section
201-15.100 of the Illinois Procurement Code.
21    "Suspension" means a suspension as provided for under
22Section 50-65 of the Illinois Procurement Code.

 

 

HB3574- 2 -LRB101 10048 RJF 55150 b

1    "Unit of Local Government" means the various counties,
2townships, cities, villages and incorporated towns, school
3districts, sanitary districts, courts, boards of education,
4park districts, housing authorities, public building
5commissions, or any other municipal corporation or
6governmental agencies of the State.
 
7    Section 15. State agency notification. Whenever any State
8agency or chief procurement officer has taken an action to
9issue a suspension, debarment, or limit the ability of a
10business or person to enter into a public contract as otherwise
11provided by law, the public body or the chief procurement
12officer shall provide a report to the Executive Ethics
13Commission identifying: (i) the public body or chief
14procurement officer submitting the report; (ii) the legal name
15and Secretary of State registration number of the business or
16person; and (iii) a summary of the action taken against the
17business or person, including the effective length of time of
18such action and the rationale for the action.
 
19    Section 20. Unit of local government notification.
20Whenever any unit of local government has taken an action to
21issue a suspension, debarment, or limit the ability of a
22business or person to enter into a public contract as otherwise
23provided by law, the unit of local government may provide a
24report to the Executive Ethics Commission identifying: (i) the

 

 

HB3574- 3 -LRB101 10048 RJF 55150 b

1unit of local government submitting the report; (ii) the legal
2name and Secretary of State registration number of the business
3or person; and (iii) a summary of the action taken against the
4business or person, including the effective length of time of
5such action and the rationale for the action.
 
6    Section 25. Ethics in public contracting portal. The
7Executive Ethics Commission, within 12 months after the
8effective date of this Act, shall establish and maintain a
9website, known as the Ethics in Public Contracting Portal, with
10information received from all State agencies and units of local
11government as defined in this Act.
 
12    Section 30. Public body reciprocity rights. A State agency
13or unit of local government may reciprocate another public
14body's suspension, debarment, or other limitation on the
15ability of a business or person to enter into a public
16contract.
 
17    Section 35. Rules; petition for removal. The Executive
18Ethics Commission shall adopt rules to carry out the intent of
19this Act, and to provide a review process for persons to
20petition for removal from the Ethics in Public Contracting
21Portal.