|
||||||||||||||||||||||||
|
||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning procurement.
| |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Illinois Procurement Code is amended by | |||||||||||||||||||||||
5 | changing Sections 50-13 and 50-20 and by adding Section 50-37 | |||||||||||||||||||||||
6 | as follows: | |||||||||||||||||||||||
7 | (30 ILCS 500/50-13)
| |||||||||||||||||||||||
8 | Sec. 50-13. Conflicts of interest.
| |||||||||||||||||||||||
9 | (a) Prohibition. It is unlawful for any person holding an
| |||||||||||||||||||||||
10 | elective office in this State,
holding a seat in the General | |||||||||||||||||||||||
11 | Assembly, or appointed to or
employed in any of the offices or
| |||||||||||||||||||||||
12 | agencies of State government and who receives compensation for | |||||||||||||||||||||||
13 | such employment
in excess of 60% of the salary of the Governor | |||||||||||||||||||||||
14 | of the State of Illinois, or who
is an officer or employee of
| |||||||||||||||||||||||
15 | the Capital Development
Board or the Illinois Toll Highway | |||||||||||||||||||||||
16 | Authority, or who is the spouse
or minor child of any such
| |||||||||||||||||||||||
17 | person to have or acquire any contract, or any direct pecuniary
| |||||||||||||||||||||||
18 | interest in any contract therein,
whether for stationery, | |||||||||||||||||||||||
19 | printing, paper, or any services,
materials, or supplies, that | |||||||||||||||||||||||
20 | will be
wholly or partially satisfied by the payment of funds | |||||||||||||||||||||||
21 | appropriated
by the General Assembly of
the State of Illinois | |||||||||||||||||||||||
22 | or in any contract of the Capital
Development Board or the | |||||||||||||||||||||||
23 | Illinois Toll
Highway Authority.
|
| |||||||
| |||||||
1 | (b) Interests. It is unlawful for any firm, partnership,
| ||||||
2 | association, or corporation, in
which any person listed in | ||||||
3 | subsection (a) is entitled to receive (i) more than
7 1/2% of | ||||||
4 | the total
distributable income or (ii) an amount in excess of | ||||||
5 | the salary of the Governor,
to have or acquire any
such | ||||||
6 | contract or direct pecuniary interest therein.
| ||||||
7 | (b-5) Notwithstanding any other provision of law, no person | ||||||
8 | listed in subsection (a) may receive a legal, banking, | ||||||
9 | consulting, or other fee related to the issuance of any bond | ||||||
10 | issued by the State or by any agency or other entity of State | ||||||
11 | government.
| ||||||
12 | (c) Combined interests. It is unlawful for any firm, | ||||||
13 | partnership,
association, or corporation, in which any person | ||||||
14 | listed in subsection (a)
together with his or her spouse or | ||||||
15 | minor children is entitled to receive (i)
more than 15%, in the | ||||||
16 | aggregate, of the total distributable income or (ii) an
amount | ||||||
17 | in excess of 2 times the salary of the Governor, to have or | ||||||
18 | acquire any
such contract or direct pecuniary interest therein.
| ||||||
19 | (c-5) Appointees and firms. In addition to any provisions | ||||||
20 | of this Code,
the interests of certain
appointees and their | ||||||
21 | firms are subject to Section 3A-35 of the Illinois
Governmental | ||||||
22 | Ethics Act.
| ||||||
23 | (d) Securities. Nothing in this Section invalidates the
| ||||||
24 | provisions of any bond or other
security previously offered or | ||||||
25 | to be offered for sale or sold by
or for the State of Illinois.
| ||||||
26 | (e) Prior interests. This Section does not affect the
|
| |||||||
| |||||||
1 | validity of any contract made
between the State and an officer | ||||||
2 | or employee of the State or
member of the General Assembly,
his | ||||||
3 | or her spouse, minor child, or other immediate family member | ||||||
4 | living in
his or her residence or any
combination of those | ||||||
5 | persons
if that contract was in
existence before his or her | ||||||
6 | election or employment as an officer,
member, or employee. The
| ||||||
7 | contract is voidable, however, if it cannot be completed within | ||||||
8 | 365
days after the officer, member,
or employee takes office or | ||||||
9 | is employed.
| ||||||
10 | (f) Exceptions.
| ||||||
11 | (1) Public aid payments. This Section does not apply
to | ||||||
12 | payments made for a
public aid recipient.
| ||||||
13 | (2) Teaching. This Section does not apply to a
contract | ||||||
14 | for personal services as
a teacher or school administrator | ||||||
15 | between a member of the General
Assembly or his or her
| ||||||
16 | spouse, or a State officer or employee or his or her | ||||||
17 | spouse, and
any school district, public community college | ||||||
18 | district, the University of
Illinois, Southern Illinois | ||||||
19 | University, Illinois State University, Eastern
Illinois | ||||||
20 | University, Northern Illinois University, Western Illinois | ||||||
21 | University,
Chicago State University, Governor State | ||||||
22 | University, or Northeastern Illinois
University.
| ||||||
23 | (3) Ministerial duties. This Section does not apply to
| ||||||
24 | a contract for personal
services of a wholly ministerial | ||||||
25 | character, including but not
limited to services as a | ||||||
26 | laborer, clerk,
typist, stenographer, page, bookkeeper, |
| |||||||
| |||||||
1 | receptionist, or telephone
switchboard operator, made
by a | ||||||
2 | spouse or minor child of an elective or appointive State
| ||||||
3 | officer or employee or of a member
of the General Assembly.
| ||||||
4 | (4) Child and family services. This Section does not
| ||||||
5 | apply to payments made
to a member of the General Assembly, | ||||||
6 | a State officer or employee,
his or her spouse or minor
| ||||||
7 | child acting as a foster parent, homemaker, advocate, or | ||||||
8 | volunteer
for or in behalf of a child or
family served by | ||||||
9 | the Department of Children and Family Services.
| ||||||
10 | (5) Licensed professionals. Contracts with licensed | ||||||
11 | professionals,
provided they are competitively bid or part | ||||||
12 | of a reimbursement program for
specific, customary goods | ||||||
13 | and services through the Department of Children and
Family | ||||||
14 | Services, the Department of Human Services,
the Department | ||||||
15 | of Healthcare and Family Services
Public Aid , the | ||||||
16 | Department of Public Health, or
the Department on Aging.
| ||||||
17 | (g) Penalty. A person convicted of a violation of this | ||||||
18 | Section is guilty of
a business offense and shall be fined not | ||||||
19 | less than $1,000 nor more than
$5,000.
| ||||||
20 | (Source: P.A. 93-615, eff. 11-19-03; revised 12-15-05.)
| ||||||
21 | (30 ILCS 500/50-20)
| ||||||
22 | Sec. 50-20. Exemptions. With the approval of the | ||||||
23 | appropriate chief
procurement officer involved, the Governor, | ||||||
24 | or an executive ethics board or
commission he or she | ||||||
25 | designates, may exempt named individuals from the
prohibitions |
| |||||||
| |||||||
1 | of
Section 50-13 , except the prohibitions set forth in | ||||||
2 | subsection (b-5) of Section 50-13, when, in his, her, or its | ||||||
3 | judgment, the public interest in
having
the
individual in the | ||||||
4 | service of the State outweighs the public policy evidenced in
| ||||||
5 | that Section. An exemption is effective only when it is filed | ||||||
6 | with the
Secretary of State and the Comptroller and includes a | ||||||
7 | statement setting forth
the name of the individual and all the | ||||||
8 | pertinent facts that would make that
Section applicable, | ||||||
9 | setting forth the reason for the exemption, and declaring
the | ||||||
10 | individual exempted from that Section.
Notice of each exemption | ||||||
11 | shall be published in the Illinois Procurement
Bulletin.
| ||||||
12 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
13 | (30 ILCS 500/50-37 new) | ||||||
14 | Sec. 50-37. Disclosure of political contributions. | ||||||
15 | (a) All offers from responsive bidders or offerors with an | ||||||
16 | annual value of more than $10,000 shall be accompanied by | ||||||
17 | disclosure of the political contributions of the contractor, | ||||||
18 | bidder, or proposer as provided in this Section. The | ||||||
19 | appropriate chief procurement officer shall ensure that this | ||||||
20 | disclosure is not used in the awarding of the contract or | ||||||
21 | selection of the vendor and further ensure that the disclosure | ||||||
22 | remains confidential until after the contract is awarded or | ||||||
23 | vendor is selected. The disclosure of each successful bidder or | ||||||
24 | offeror shall become part of the publicly available contract or | ||||||
25 | procurement file maintained by the appropriate chief |
| |||||||
| |||||||
1 | procurement officer and shall also be filed with the | ||||||
2 | Comptroller as part of the filing required pursuant to Section | ||||||
3 | 20-80 of this Code. | ||||||
4 | (b) Disclosure by the responsive bidders or offerors shall | ||||||
5 | include at least the names and addresses of the contributors | ||||||
6 | and the dollar amounts of any contributions to the officeholder | ||||||
7 | responsible for awarding the contract or to any political | ||||||
8 | committees established to promote the candidacy of such | ||||||
9 | officeholder made within the previous 2 years by the responsive | ||||||
10 | bidders or offerors and any affiliated persons or entities. | ||||||
11 | (c) As used in this Section: | ||||||
12 | "Contribution" means contribution as defined in Section | ||||||
13 | 9-1.4 of the Election Code. | ||||||
14 | "Officeholder" means the Governor, Lieutenant Governor, | ||||||
15 | Attorney General, Secretary of State, Comptroller, or | ||||||
16 | Treasurer. The Governor shall be considered the officeholder | ||||||
17 | responsible for awarding all contracts by all officers and | ||||||
18 | employees of, and vendors and others doing business with, | ||||||
19 | executive branch State agencies under the jurisdiction of the | ||||||
20 | Executive Ethics Commission and not within the jurisdiction of | ||||||
21 | the Attorney General, the Secretary of State, the Comptroller, | ||||||
22 | or the Treasurer. | ||||||
23 | "Sponsoring entity" means sponsoring entity as defined in | ||||||
24 | Section 9-3 of the Election Code. | ||||||
25 | "Affiliated person" means (i) any person with any ownership | ||||||
26 | interest or distributive share of the bidding or contracting |
| |||||||
| |||||||
1 | entity in excess of 5%, (ii) executive employees of the bidding | ||||||
2 | or contracting entity, and (iii) the spouse and minor children | ||||||
3 | of any such persons. | ||||||
4 | "Affiliated entity" means (i) any subsidiary of the bidding | ||||||
5 | or contracting entity, (ii) any member of the same unitary | ||||||
6 | business group, or (iii) any political committee for which the | ||||||
7 | bidding or contracting entity is the sponsoring entity. | ||||||
8 | (d) Pursuant to Section 9 of the State Comptroller Act, the | ||||||
9 | Comptroller may refuse to draw a warrant for payment on any | ||||||
10 | voucher based on the obligation of any contract if the | ||||||
11 | disclosures required by this Section are not filed with the | ||||||
12 | Comptroller. | ||||||
13 | (e) Notwithstanding subsection (b), contributions to any | ||||||
14 | candidate that in the aggregate do not exceed $500 within the | ||||||
15 | previous 2 years do not need to be disclosed. | ||||||
16 | (f) Any business whose contracts with State agencies, in | ||||||
17 | the aggregate, annually total more than $25,000 is prohibited | ||||||
18 | from making any contributions to the officeholder responsible | ||||||
19 | for awarding the contracts or to any political committees | ||||||
20 | established to promote the candidacy of that officeholder. This | ||||||
21 | prohibition shall be effective for the current term of office | ||||||
22 | of the incumbent awarding the contracts or for a period of 2 | ||||||
23 | years following the conclusion of the contracts, whichever is | ||||||
24 | longer. This prohibition shall also apply to contributions from | ||||||
25 | any affiliated persons or entities. | ||||||
26 | (g) All contracts between State agencies and a business |
| |||||||
| |||||||
1 | that violates subsection (f) shall be voidable under Section | ||||||
2 | 50-60. | ||||||
3 | If a business violates subsection (f) 3 or more times | ||||||
4 | within a 36-month period, then all contracts between State | ||||||
5 | agencies and that business shall be void, and that business | ||||||
6 | shall not bid or respond to any invitation to bid or request | ||||||
7 | for proposals from any State agency or otherwise enter into any | ||||||
8 | contract with any State agency for 3 years from the date of the | ||||||
9 | last violation. | ||||||
10 | A notice of each violation and the penalty imposed shall be | ||||||
11 | published in both the Procurement Bulletin and the Illinois | ||||||
12 | Register.
|