101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1729

 

Introduced 2/15/2019, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 10/16.1  from Ch. 121, par. 100-16.1

    Amends the Toll Highway Act. Provides that, prior to finalizing a no-bid contract, the chairman and each director of the Toll Highway Authority shall disclose any family, relational, professional, or financial ties, including the degree of connection, to the contractor vying for the contract. Provides that the disclosure shall be released to the public and the Toll Highway Inspector General. Provides that, if the Toll Highway Inspector General determines that a conflict of interest exists, the individual with the conflict of interest shall recuse himself or herself from all discussions and voting upon the contract. Provides that the Authority shall adopt bylaws to define the degree of connection requiring disclosure and to enforce the provision.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Toll Highway Act is amended by changing
5Section 16.1 as follows:
 
6    (605 ILCS 10/16.1)  (from Ch. 121, par. 100-16.1)
7    Sec. 16.1. (A) All contracts for services or supplies
8required from time to time by the Authority in the maintenance
9and operation of any toll highway or part thereof under the
10provisions of this Act or all direct contracts for supplies to
11be used in the construction of any toll highway or part thereof
12to be awarded under this Section, rather than as a part of a
13contract pursuant to Section 16 of this Act, when the amount of
14any such supplies or services is in excess of a small purchase
15amount, as defined in Section 20-20 of the Illinois Procurement
16Code, shall be let to the lowest responsible bidder or bidders,
17on open, competitive bidding after public advertisement made at
18least 5 days prior to the opening of bids, in the Illinois
19Procurement Bulletin, in such manner and on one or more
20occasions as may be prescribed by the Authority, except that
21bidding shall not be required in the following cases:
22        1. Where the goods or services to be procured are
23    economically procurable from only one source, such as

 

 

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1    contracts for telephone service, electric energy and other
2    public utility services, housekeeping services, books,
3    pamphlets and periodicals and specially designed business
4    equipment and software.
5        2. Where the services required are for professional,
6    technical or artistic skills.
7        3. Where the services required are for advertising,
8    promotional and public relations services.
9        4. In emergencies, provided that an affidavit of the
10    person or persons authorizing the expenditure shall be
11    filed with the Authority and the Auditor General within 10
12    days after such authorization setting forth the conditions
13    and circumstances requiring the emergency purchase, the
14    amount expended and the name of the vendor or contractor
15    involved; if only an estimate is available, however, within
16    the 10 days allowed for filing the affidavit, the actual
17    cost shall be reported immediately after it is determined.
18        5. In case of expenditures for personal services.
19        6. Contracts for equipment and spare parts in support
20    thereof for the maintenance and operation of any toll
21    highway, or any part thereof, whenever, the Authority
22    shall, by resolution, declare and find that a particular
23    make and type of equipment is required for efficient
24    maintenance and operation and proper servicing, for
25    uniformity in and integration with the spare parts program
26    and inventory control, or for other reasons peculiar to the

 

 

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1    problems of the toll highway or its previously acquired
2    equipment; however, competition and competitive bids shall
3    be obtained by the Authority with respect to such specified
4    equipment or spare parts, insofar as possible, and when
5    effective, pursuant to public advertisement as
6    hereinbefore provided.
7        7. Contracts for insurance, fidelity and surety bonds.
8        8. Contracts or agreements for the completion of a
9    terminated or defaulted contract or agreement.
10    (A.1) Prior to finalizing a no-bid contract as provided in
11subsection (A), the chairman and each director shall disclose
12any family, relational, professional, or financial ties,
13including the degree of connection, in relation to the
14contractor vying for the contract. These ties shall be released
15to the public and submitted to the Toll Highway Inspector
16General. The Toll Highway Inspector General shall have 5
17business days to determine if a conflict of interest exists for
18the chairman or any of the directors. If the Toll Highway
19Inspector General determines a conflict of interest exists, the
20individual with the conflict of interest shall recuse himself
21or herself from all discussions and voting upon the contract.
22The Authority shall adopt bylaws to define the degree of
23connection requiring disclosure and to enforce this
24subsection.
25    (B) The solicitation for bids shall be in conformance with
26accepted business practices and the method of solicitation

 

 

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1shall be set out in detail in the rules and regulations of the
2Authority.
3    (C) Proposals received pursuant to public advertisement
4shall be publicly opened at the day and hour and at the place
5specified in the solicitation for such bids.
6    (D) Successful bidders for such services and supplies shall
7enter into contracts furnished and prescribed by the Authority.
8    (E) All purchases, contracts or other obligations or
9expenditures of funds by the Authority shall be in accordance
10with rules and regulations governing the Authority's
11procurement practice and procedures and the Authority shall
12promulgate and publish such practices and procedures in
13sufficient number for distribution to persons interested in
14bidding on purchases or contracts to be let by the Authority.
15Such rules and regulations shall be kept on file with the
16Secretary of the Authority at all times and shall be available
17for inspection by members of the public at all reasonable times
18and hours.
19    Such rules and regulations shall be filed and become
20effective in connection with the Illinois Administrative
21Procedure Act.
22    (F) Any contract entered into for purchase or expenditure
23of funds of the Authority made in violation of this Act or the
24rules and regulations in pursuance thereof is void and of no
25effect.
26    (G) Warrant. All sellers to the Authority shall attach a

 

 

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1statement to the delivery invoice attesting that the standards
2set forth in the contracts have been met. The statement shall
3be substantially in the following form:
4    "The Seller,.... hereby certifies that the goods,
5merchandise and wares shipped in accordance with the attached
6delivery invoice have met all the required standards set forth
7in the purchasing contract.
8
....(Seller)."
9    (H) Whoever violates the provisions of this Section, or the
10rules and regulations adopted in pursuance thereof, is guilty
11of a Class A misdemeanor.
12(Source: P.A. 96-592, eff. 8-18-09.)