Full Text of SB1732 96th General Assembly
SB1732ham002 96TH GENERAL ASSEMBLY
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Rep. Barbara Flynn Currie
Filed: 10/15/2009
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| AMENDMENT TO SENATE BILL 1732
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| AMENDMENT NO. ______. Amend Senate Bill 1732 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. If and only if Senate Bill 51 of the 96th | 5 |
| General Assembly, as enrolled, becomes law, then the Fiscal | 6 |
| Control and Internal Auditing Act is amended by changing | 7 |
| Sections 1003, 2001, and 2002 as follows:
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| (30 ILCS 10/1003) (from Ch. 15, par. 1003)
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| Sec. 1003. Definitions.
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| (a) "Designated State agencies" include the offices of
the | 11 |
| Secretary of State, the State Comptroller, the State Treasurer, | 12 |
| and the
Attorney General, the State Board of Education, the | 13 |
| State
colleges and universities, the Illinois Toll Highway | 14 |
| Authority, the
Illinois Housing Development Authority, the | 15 |
| public retirement systems, the Illinois Student Assistance | 16 |
| Commission, the Illinois Finance Authority, the Environmental |
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| Protection Agency, the Capital Development Board, the | 2 |
| Department of Military Affairs, the State Fire Marshal, and | 3 |
| each Department of State government created in Article 5, | 4 |
| Section 5-15 of the Civil Administrative Code of Illinois , and | 5 |
| any other agency, board, or commission designated by the | 6 |
| Executive Ethics Commission .
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| (b) "State agency" means that term as defined in the
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| Illinois State Auditing Act, as now or hereafter amended, | 9 |
| except the
judicial branch which shall be covered by subsection | 10 |
| (c) of Section 2001
and Section 3004 of this Act.
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| (c) "Chief executive officer" includes, respectively, the | 12 |
| Secretary of
State, the State Comptroller, the State Treasurer, | 13 |
| the Attorney General,
the State Superintendent
of Education, | 14 |
| such chief executive officers as are designated by
the | 15 |
| governing board of each State college
and university, the
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| executive director of the Illinois Toll Highway Authority, and | 17 |
| the
executive director of the
Illinois Housing Development | 18 |
| Authority, as well as the chief executive
officer of each | 19 |
| designated other State agency.
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| (Source: P.A. 86-936; 09600SB0051enr.)
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| (30 ILCS 10/2001) (from Ch. 15, par. 2001)
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| Sec. 2001. Program of internal auditing.
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| (a) Each designated State agency as defined in Section | 24 |
| 1003(a) shall maintain a
full-time program of
internal | 25 |
| auditing. In the event that a designated State agency is |
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| merged, abolished, reorganized, or renamed, the successor | 2 |
| State agency shall also be a designated State agency. | 3 |
| (a-5) Within 30 days after the effective date of this | 4 |
| amendatory Act of the 96th General Assembly, each chief | 5 |
| internal auditor transferred under Executive Order 2003-10 to | 6 |
| the Department of Central Management Services shall be | 7 |
| transferred to the auditor's designated State agency, and if an | 8 |
| auditor does not have a designated State agency or has more | 9 |
| than one designated State agency, then the chief executive | 10 |
| officer of a State agency shall appoint such person as the | 11 |
| chief internal auditor of a State agency. A chief internal | 12 |
| auditor transferred under this amendatory Act of the 96th | 13 |
| General Assembly shall be an employee of the State agency to | 14 |
| which he or she was transferred or appointed and shall be | 15 |
| appointed to a 5-year term beginning on the effective date of | 16 |
| this amendatory Act of the 96th General Assembly. All other | 17 |
| audit staff shall be transferred or assigned to State agencies | 18 |
| at the direction of the Director of Central Management | 19 |
| Services, in consultation with the chief internal auditor. | 20 |
| The rights of employees and of the State and its agencies | 21 |
| under the Personnel Code and applicable collective bargaining | 22 |
| agreements or under any pension retirement or annuity plan | 23 |
| shall not be affected by this amendatory Act of the 96th | 24 |
| General Assembly. | 25 |
| All books, records, papers, documents, property (real and | 26 |
| personal), unexpended appropriations, and pending business |
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| pertaining to the functions transferred by this amendatory Act | 2 |
| of the 96th General Assembly shall be delivered to the | 3 |
| respective State agency pursuant to the direction of the chief | 4 |
| executive officer of that State agency.
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| (b) The chief executive officer of a State agency is not | 6 |
| relieved from
the responsibility for
maintaining an effective | 7 |
| internal control system merely because that State
agency is not | 8 |
| designated and required to have a full-time program of
internal | 9 |
| auditing under this Act. Agencies which do not have full-time
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| internal audit programs may have internal audits performed by | 11 |
| the
Department of Central Management Services.
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| (c) The Supreme Court will establish by its rulemaking | 13 |
| authority or by
administrative order a full-time program of | 14 |
| internal auditing of
State-funded activities of the judicial | 15 |
| branch, which is consistent with
the intent of this Article.
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| (Source: P.A. 86-936; 09600SB0051enr.)
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| (30 ILCS 10/2002) (from Ch. 15, par. 2002)
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| Sec. 2002. Qualifications of chief internal auditor.
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| (a) The chief executive officer of each designated State | 20 |
| agency
shall appoint a chief internal auditor with a bachelor's
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| degree, in accordance with the Personnel Code, personnel rules, | 22 |
| and applicable bargaining agreements, who is: | 23 |
| (1) a certified internal auditor, a certified public | 24 |
| accountant, or a certified information system auditor; | 25 |
| (2) an individual with at least 5 years of experience |
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| conducting audits in units of government or fields related | 2 |
| to the activities of the State agency that he or she is | 3 |
| appointed to; and | 4 |
| (3) an individual who possesses at least 2 years of | 5 |
| supervisory experience in conducting audits in units of | 6 |
| government or fields related to the activities of the State | 7 |
| agency that he or she is appointed to. | 8 |
| If the chief internal auditor appointed pursuant to this | 9 |
| Section is an audit staff employee transferred under this | 10 |
| amendatory Act of the 96th General Assembly, he or she shall | 11 |
| meet the requirements of this subsection (a) within 18 months | 12 |
| after the date of his or her appointment. degree, who is | 13 |
| either:
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| (1) a certified
internal auditor by examination or a | 15 |
| certified public accountant and who
has at least 4 years of
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| progressively responsible professional auditing | 17 |
| experience; or
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| (2) an auditor with at least 5 years of
progressively | 19 |
| responsible professional auditing experience.
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| (b) The chief internal auditor shall report directly to the
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| chief executive officer and shall have
direct communications | 22 |
| with the chief executive officer and the governing
board, if | 23 |
| applicable,
in the exercise of auditing activities. All chief | 24 |
| internal
auditors and all full-time members of an internal | 25 |
| audit staff shall be free
of all operational duties.
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| (c) The chief internal auditor shall serve a 5-year term |
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| beginning on the date of the appointment. A chief internal | 2 |
| auditor may be removed only for cause after a hearing before | 3 |
| the Executive Ethics Commission concerning the removal. Any | 4 |
| chief internal auditor who is appointed to replace a removed | 5 |
| chief internal auditor may serve only until the expiration of | 6 |
| the term of the removed chief internal auditor. The annual | 7 |
| salary of a chief internal auditor cannot be diminished during | 8 |
| the term of the chief internal auditor. | 9 |
| (Source: P.A. 86-936; 09600SB0051enr.)
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| Section 10. If and only if Senate Bill 51 of the 96th | 11 |
| General Assembly, as enrolled, becomes law, then the Illinois | 12 |
| Procurement Code is amended by changing Sections 1-15.15, | 13 |
| 1-15.107, 10-10, 10-15, 10-20, 20-25, 20-30, 20-120, 20-160, | 14 |
| 50-5, 50-10.5, 50-35, 50-37, 50-38, and 50-39 as follows:
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| (30 ILCS 500/1-15.15)
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| Sec. 1-15.15. Chief Procurement Officer. | 17 |
| (a) Before July 1, 2010, "Chief Procurement Officer" means: | 18 |
| (1) for procurements for construction and | 19 |
| construction-related services committed by law to the | 20 |
| jurisdiction or responsibility of the Capital Development | 21 |
| Board, the executive director of the Capital Development | 22 |
| Board. | 23 |
| (2) for procurements for all construction, | 24 |
| construction-related services, operation of any facility, |
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| and the provision of any service or activity committed by | 2 |
| law to the jurisdiction or responsibility of the Illinois | 3 |
| Department of Transportation, including the direct or | 4 |
| reimbursable expenditure of all federal funds for which the | 5 |
| Department of Transportation is responsible or accountable | 6 |
| for the use thereof in accordance with federal law, | 7 |
| regulation, or procedure, the Secretary of Transportation. | 8 |
| (3) for all procurements made by a public institution | 9 |
| of higher education, a representative designated by the | 10 |
| Governor. | 11 |
| (4) for all procurements made by the Illinois Power | 12 |
| Agency, the Director of the Illinois Power Agency. | 13 |
| (5) for all other procurements, the Director of Central | 14 |
| Management Services. | 15 |
| (b) On and after July 1, 2010, "Chief
Procurement Officer" | 16 |
| means any of the 4 persons appointed by a majority of the | 17 |
| members of the Executive Ethics Commission for:
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| (1) procurements for construction and | 19 |
| construction-related services
committed by law to the | 20 |
| jurisdiction or responsibility of the Capital
Development | 21 |
| Board.
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| (2) procurements for all construction, | 23 |
| construction-related services,
operation of any facility, | 24 |
| and the provision of any service or activity
committed by | 25 |
| law to the jurisdiction or responsibility of the Illinois
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| Department of Transportation, including the direct or |
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| reimbursable expenditure
of all federal funds for which the | 2 |
| Department of Transportation is responsible
or accountable | 3 |
| for the use thereof in accordance with federal law, | 4 |
| regulation,
or procedure.
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| (3) all procurements made by a public institution of | 6 |
| higher education.
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| (4) (Blank).
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| (5) all other procurements.
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| (Source: P.A. 95-481, eff. 8-28-07; 09600SB0051enr.)
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| (30 ILCS 500/1-15.107) | 11 |
| Sec. 1-15.107. Subcontract. "Subcontract" means a contract | 12 |
| between a person and a person who has or is seeking a contract | 13 |
| subject to this Code, pursuant to which the subcontractor | 14 |
| provides to the contractor or another subcontractor who | 15 |
| directly provides some or all of the goods, services, property, | 16 |
| remuneration, or other forms of consideration that are the | 17 |
| subject of the primary contract and includes, among other | 18 |
| things, subleases from a lessee of a State agency.
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| (Source: 09600SB0051enr.)
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| (30 ILCS 500/10-10)
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| Sec. 10-10. Independent State purchasing officers. | 22 |
| (a) Before July 1, 2010, the chief procurement officer | 23 |
| shall appoint and the director of each State agency shall | 24 |
| approve a State purchasing officer to exercise within his or |
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| her jurisdiction the procurement authority created by this | 2 |
| Code. In the absence of an appointed and approved State | 3 |
| purchasing officer under this subsection (a), the applicable | 4 |
| chief procurement officer shall exercise the procurement | 5 |
| authority created by this Code. | 6 |
| (b) (a) The chief procurement officer shall
appoint a State | 7 |
| purchasing officer for each agency that the chief procurement | 8 |
| officer is responsible for under Section 1-15.15. A State | 9 |
| purchasing officer shall be located in the State agency that | 10 |
| the officer serves but shall report to his or her respective | 11 |
| chief procurement officer and shall be an employee of the | 12 |
| Executive Ethics Commission. A State purchasing officer may be | 13 |
| assigned to one or more agencies . The State purchasing officer | 14 |
| shall have direct communication with agency staff assigned to | 15 |
| assist with any procurement process. At the direction of his or | 16 |
| her respective chief procurement officer, a State purchasing | 17 |
| officer shall enter into contracts for a purchasing agency. All | 18 |
| actions of a State purchasing officer are subject to review by | 19 |
| a chief procurement officer in accordance with procedures and | 20 |
| policies established by the chief procurement officer. This | 21 |
| subsection (b) applies on and after July 1, 2010. | 22 |
| (c) (b) In addition to any other requirement or | 23 |
| qualification required by State law, within 18 months after | 24 |
| appointment, a State purchasing officer must be a Certified | 25 |
| Professional Public Buyer or a Certified Public Purchasing | 26 |
| Officer, pursuant to certification by the Universal Public |
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| Purchasing Certification Council. A State purchasing officer | 2 |
| shall serve a term of 5 years beginning on the date of the | 3 |
| officer's appointment. A State purchasing officer shall have an | 4 |
| office located in the State agency that the officer serves but | 5 |
| shall report to the chief procurement officer. A State | 6 |
| purchasing officer may be removed by a chief procurement | 7 |
| officer for cause after a hearing by the Executive Ethics | 8 |
| Commission. The chief procurement officer or executive officer | 9 |
| of the State agency housing the State purchasing officer may | 10 |
| institute a complaint against the State purchasing officer by | 11 |
| filing such a complaint with the Commission and the Commission | 12 |
| shall have a public hearing based on the complaint. The State | 13 |
| purchasing officer, chief procurement officer, and executive | 14 |
| officer of the State agency shall receive notice of the hearing | 15 |
| and shall be permitted to present their respective arguments on | 16 |
| the complaint. After the hearing, the Commission shall make a | 17 |
| non-binding recommendation on whether the State purchasing | 18 |
| officer shall be removed. The salary of a State purchasing | 19 |
| officer shall be established by the chief procurement officer | 20 |
| and may not be diminished during the officer's term. In the | 21 |
| absence of an appointed State purchasing
officer, the | 22 |
| applicable
chief procurement officer shall exercise the | 23 |
| procurement authority created by
this Code and may appoint a | 24 |
| temporary acting State purchasing officer. This subsection (c) | 25 |
| applies on and after July 1, 2010.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5; |
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| 09600SB0051enr.)
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| (30 ILCS 500/10-15)
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| Sec. 10-15. Procurement compliance monitors. | 4 |
| (a) The Executive Ethics Commission shall appoint | 5 |
| procurement compliance monitors to oversee and review the | 6 |
| procurement processes. Each procurement compliance monitor | 7 |
| shall serve a term of 5 years , with the initial term beginning | 8 |
| on July 1, 2010 beginning on the date of the officer's | 9 |
| appointment . Each procurement compliance monitor shall have an | 10 |
| office located in the State agency that the monitor serves but | 11 |
| shall report to the appropriate chief procurement officer. The | 12 |
| compliance monitor shall have direct communications with the | 13 |
| executive officer of a State agency in exercising duties. A | 14 |
| procurement compliance monitor may be removed only for cause | 15 |
| after a hearing by the Executive Ethics Commission. The | 16 |
| appropriate chief procurement officer or executive officer of | 17 |
| the State agency housing the procurement compliance monitor may | 18 |
| institute a complaint against the procurement compliance | 19 |
| monitor with the Commission and the Commission shall hold a | 20 |
| public hearing based on the complaint. The procurement | 21 |
| compliance monitor, State purchasing officer, appropriate | 22 |
| chief procurement officer, and executive officer of the State | 23 |
| agency shall receive notice of the hearing and shall be | 24 |
| permitted to present their respective arguments on the | 25 |
| complaint. After the hearing, the Commission shall determine |
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| whether the procurement compliance monitor shall be removed. | 2 |
| The salary of a procurement compliance monitor shall be | 3 |
| established by the Executive Ethics Commission and may not be | 4 |
| diminished during the officer's term. | 5 |
| (b) The procurement compliance monitor may: (i) review each | 6 |
| contract or contract amendment prior to execution to ensure | 7 |
| that applicable procurement and contracting standards were | 8 |
| followed; (ii) attend any procurement meetings; (iii) access | 9 |
| any records or files related to procurement; (iv) issue reports | 10 |
| to the chief procurement officer on procurement issues that | 11 |
| present issues or that have not been corrected after | 12 |
| consultation with appropriate State officials; (v) ensure the | 13 |
| State agency is maintaining appropriate records; and (vi) | 14 |
| ensure transparency of the procurement process. | 15 |
| (c) If the procurement compliance monitor is aware of | 16 |
| misconduct, waste, or inefficiency with respect to State | 17 |
| procurement, the procurement compliance monitor shall advise | 18 |
| the State agency of the issue. If the State agency does not | 19 |
| correct the issue, the monitor shall report the problem to the | 20 |
| chief procurement officer and Inspector General.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5; | 22 |
| 09600SB0051enr.)
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| (30 ILCS 500/10-20)
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| Sec. 10-20. Independent chief procurement officers. | 25 |
| (a) Appointment. By July 1, 2010 Within 60 days after the |
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| effective date of this amendatory Act of the 96th General | 2 |
| Assembly , the Executive Ethics Commission, with the advice and | 3 |
| consent of the Senate shall appoint 4 chief procurement | 4 |
| officers, one for each of the following categories: | 5 |
| (1) for procurements for construction and | 6 |
| construction-related services committed by law to the | 7 |
| jurisdiction or responsibility of the Capital Development | 8 |
| Board; | 9 |
| (2) for procurements for all construction, | 10 |
| construction-related services, operation of any facility, | 11 |
| and the provision of any service or activity committed by | 12 |
| law to the jurisdiction or responsibility of the Illinois | 13 |
| Department of Transportation, including the direct or | 14 |
| reimbursable expenditure of all federal funds for which the | 15 |
| Department of Transportation is responsible or accountable | 16 |
| for the use thereof in accordance with federal law, | 17 |
| regulation, or procedure; | 18 |
| (3) for all procurements made by a public institution | 19 |
| of higher education; and | 20 |
| (4) for all other procurement needs of State agencies. | 21 |
| A chief procurement officer shall be responsible to the | 22 |
| Executive Ethics Commission but must be located within the | 23 |
| agency that the officer provides with procurement services. The | 24 |
| chief procurement officer for higher education shall have an | 25 |
| office located within the Board of Higher Education, unless | 26 |
| otherwise designated by the Executive Ethics Commission. The |
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| chief procurement officer for all other procurement needs of | 2 |
| the State shall have an office located within the Department of | 3 |
| Central Management Services, unless otherwise designated by | 4 |
| the Executive Ethics Commission. | 5 |
| (b) Terms and independence. Each chief procurement officer | 6 |
| appointed under this Section shall serve for a term of 5 years | 7 |
| beginning on the date of the officer's appointment. The chief | 8 |
| procurement officer may be removed for cause after a hearing by | 9 |
| the Executive Ethics Commission. The Governor or the director | 10 |
| of a State agency directly responsible to the Governor may | 11 |
| institute a complaint against the officer by filing such | 12 |
| complaint with the Commission. The Commission shall have a | 13 |
| hearing based on the complaint. The officer and the complainant | 14 |
| shall receive reasonable notice of the hearing and shall be | 15 |
| permitted to present their respective arguments on the | 16 |
| complaint. After the hearing, the Commission shall make a | 17 |
| finding on the complaint and may take disciplinary action, | 18 |
| including but not limited to removal of the officer. | 19 |
| The salary of a chief procurement officer shall be | 20 |
| established by the Executive Ethics Commission and may not be | 21 |
| diminished during the officer's term. The salary may not exceed | 22 |
| the salary of the director of a State agency for which the | 23 |
| officer serves as chief procurement officer. | 24 |
| (c) Qualifications. In addition to any other requirement or | 25 |
| qualification required by State law, each chief procurement | 26 |
| officer must within 12 months of employment be a Certified |
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| Professional Public Buyer or a Certified Public Purchasing | 2 |
| Officer, pursuant to certification by the Universal Public | 3 |
| Purchasing Certification Council, and must reside in Illinois. | 4 |
| (d) Fiduciary duty. Each chief procurement officer owes a | 5 |
| fiduciary duty to the State.
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| (Source: 09600SB0051enr.)
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| (30 ILCS 500/20-25)
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| Sec. 20-25. Sole source procurements. | 9 |
| (a) In accordance with
standards set by rule,
contracts may | 10 |
| be awarded without use of the specified
method of source | 11 |
| selection when
there is only one economically feasible source | 12 |
| for the item. On and after July 1, 2010, a A State contract may | 13 |
| not be awarded as a sole source procurement unless approved by | 14 |
| the chief procurement officer following a public hearing at | 15 |
| which the chief procurement officer and purchasing agency | 16 |
| present written justification for the procurement method. The | 17 |
| Procurement Policy Board and the public may present testimony. | 18 |
| (b) This Section may not be used as a basis for amending a | 19 |
| contract for professional or artistic services if the amendment | 20 |
| would result in an increase in the amount paid under the | 21 |
| contract of more than 5% of the initial award, or would extend | 22 |
| the contract term beyond the time reasonably needed for a | 23 |
| competitive procurement, not to exceed 2 months. | 24 |
| (c) Notice of intent to enter into a sole source contract | 25 |
| shall be provided to the Procurement Policy Board and published |
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| in the online electronic Bulletin at least 14 days before the | 2 |
| public hearing required in subsection (a). The notice shall | 3 |
| include the sole source procurement justification form | 4 |
| prescribed by the Board, a description of the item to be | 5 |
| procured, the intended sole source contractor, and the date, | 6 |
| time, and location of the public hearing. A copy of the notice | 7 |
| and all documents provided at the hearing shall be included in | 8 |
| the subsequent Procurement Bulletin.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5; | 10 |
| 09600SB0051enr.)
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| (30 ILCS 500/20-30)
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| Sec. 20-30. Emergency purchases.
| 13 |
| (a) Conditions for use. In accordance with standards set by
| 14 |
| rule, a purchasing
agency may make emergency procurements | 15 |
| without competitive sealed
bidding or prior notice
when there | 16 |
| exists a threat to public health or public safety, or
when | 17 |
| immediate expenditure is
necessary for repairs to State | 18 |
| property in order to protect
against further loss of or damage | 19 |
| to
State property, to prevent or minimize serious disruption in | 20 |
| critical State
services that affect health, safety, or | 21 |
| collection of substantial State revenues, or to ensure the
| 22 |
| integrity of State records; provided, however, that the term of | 23 |
| the emergency purchase shall be limited to the time reasonably | 24 |
| needed for a competitive procurement, not to exceed 90 days. A | 25 |
| contract may be extended beyond 90 days if the chief |
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| procurement officer determines additional time is necessary | 2 |
| and that the contract scope and duration are limited to the | 3 |
| emergency. Prior to execution of the extension, the chief | 4 |
| procurement officer must hold a public hearing and provide | 5 |
| written justification for all emergency contracts. Members of | 6 |
| the public may present testimony. Emergency procurements shall | 7 |
| be made
with as much competition
as is practicable under the | 8 |
| circumstances.
A written
description of the basis for the | 9 |
| emergency and reasons for the
selection of the particular
| 10 |
| contractor shall be included in the contract file.
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| (b) Notice. Notice of all emergency procurements shall be | 12 |
| provided to the Procurement Policy Board and published in the | 13 |
| online electronic Bulletin no later than 3 business days after | 14 |
| the contract is awarded. Notice of intent to extend an | 15 |
| emergency contract shall be provided to the Procurement Policy | 16 |
| Board and published in the online electronic Bulletin at least | 17 |
| 14 days before the public hearing. Notice shall include at | 18 |
| least a description of the need for the emergency purchase, the | 19 |
| contractor, and if applicable, the date, time, and location of | 20 |
| the public hearing. A copy of this notice and all documents | 21 |
| provided at the hearing shall be included in the subsequent | 22 |
| Procurement Bulletin. Before the next appropriate volume of the | 23 |
| Illinois Procurement
Bulletin, the purchasing agency shall | 24 |
| publish in the
Illinois Procurement Bulletin a copy of each | 25 |
| written description
and reasons and the total cost
of each | 26 |
| emergency procurement made during the previous month.
When only |
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| an estimate of the
total cost is known at the time of | 2 |
| publication, the estimate shall
be identified as an estimate | 3 |
| and
published. When the actual total cost is determined, it | 4 |
| shall
also be published in like manner
before the 10th day of | 5 |
| the next succeeding month.
| 6 |
| (c) Affidavits. A chief procurement officer making a | 7 |
| procurement
under this Section shall file
affidavits with the | 8 |
| Procurement Policy Board and the Auditor General within
10 days
| 9 |
| after the procurement setting
forth the amount expended, the | 10 |
| name of the contractor involved,
and the conditions and
| 11 |
| circumstances requiring the emergency procurement. When only | 12 |
| an
estimate of the cost is
available within 10 days after the | 13 |
| procurement, the actual cost
shall be reported immediately
| 14 |
| after it is determined. At the end of each fiscal quarter, the
| 15 |
| Auditor General shall file with the
Legislative Audit | 16 |
| Commission and the Governor a complete listing
of all emergency
| 17 |
| procurements reported during that fiscal quarter. The | 18 |
| Legislative
Audit Commission shall
review the emergency | 19 |
| procurements so reported and, in its annual
reports, advise the | 20 |
| General
Assembly of procurements that appear to constitute an | 21 |
| abuse of
this Section.
| 22 |
| (d) Quick purchases. The chief procurement officer may | 23 |
| promulgate rules
extending the circumstances by which a | 24 |
| purchasing agency may make purchases
under this Section, | 25 |
| including but not limited to the procurement of items
available | 26 |
| at a discount for a limited period of time.
|
|
|
|
09600SB1732ham002 |
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LRB096 11111 JAM 30093 a |
|
| 1 |
| (e) The changes to this Section made by this amendatory Act | 2 |
| of the 96th General Assembly apply to procurements let or | 3 |
| contracts executed on or after July 1, 2010 its effective date .
| 4 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5; | 5 |
| 09600SB0051enr.)
| 6 |
| (30 ILCS 500/20-120) | 7 |
| Sec. 20-120. Subcontractors. | 8 |
| (a) Any contract granted under this Code shall state | 9 |
| whether the services of a subcontractor will or may be used. To | 10 |
| the extent that the information is known, the contract shall | 11 |
| include the names and addresses of all subcontractors and the | 12 |
| expected amount of money each will receive under the contract. | 13 |
| The contractor shall provide the chief procurement officer or | 14 |
| State purchasing officer a copy of any subcontract so | 15 |
| identified within 20 days after the execution of the State | 16 |
| contract or after execution of the subcontract, whichever is | 17 |
| later. | 18 |
| (b) If at any time during the term of a contract, a | 19 |
| contractor adds or changes any subcontractors, he or she shall | 20 |
| promptly notify, in writing, the chief procurement officer, | 21 |
| State purchasing officer, or their designee of the names and | 22 |
| addresses and the expected amount of money each new or replaced | 23 |
| subcontractor will receive. The contractor shall provide to the | 24 |
| responsible chief procurement officer a copy of the subcontract | 25 |
| within 20 days after the execution of the subcontract. |
|
|
|
09600SB1732ham002 |
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LRB096 11111 JAM 30093 a |
|
| 1 |
| (c) In addition to any other requirements of this Code, a | 2 |
| subcontract with a value of $25,000 or more that is subject to | 3 |
| this Section must include all of the subcontractor's | 4 |
| certifications required by Article 50 of the Code. | 5 |
| (d) This Section applies to procurements let and contracts | 6 |
| executed on or after the effective date of this amendatory Act | 7 |
| of the 96th General Assembly , but does not apply to | 8 |
| subcontracts with a value of less than $25,000 .
| 9 |
| (Source: 09600SB0051enr.) | 10 |
| (30 ILCS 500/20-160)
| 11 |
| Sec. 20-160. Business entities; certification; | 12 |
| registration with the State Board of Elections.
| 13 |
| (a) For purposes of this Section, the terms "business | 14 |
| entity", "contract", "State contract", "contract with a State | 15 |
| agency", "State agency", "affiliated entity", and "affiliated | 16 |
| person" have the meanings ascribed to those terms in Section | 17 |
| 50-37. | 18 |
| (b) Every bid submitted to and every contract executed by | 19 |
| the State on or after January 1, 2009 ( the effective date of | 20 |
| Public this amendatory Act 95-971) of the 95th General Assembly | 21 |
| shall contain (1) a certification by the bidder or contractor | 22 |
| that either (i) the bidder or contractor is not required to | 23 |
| register as a business entity with the State Board of Elections | 24 |
| pursuant to this Section or (ii) the bidder or contractor has | 25 |
| registered as a business entity with the State Board of |
|
|
|
09600SB1732ham002 |
- 21 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| Elections and acknowledges a continuing duty to update the | 2 |
| registration and (2) a statement that the contract is voidable | 3 |
| under Section 50-60 for the bidder's or contractor's failure to | 4 |
| comply with this Section. | 5 |
| (c) Within 30 days after the effective date of this | 6 |
| amendatory Act of the 95th General Assembly, each business | 7 |
| entity (i) whose aggregate bids and proposals on State | 8 |
| contracts annually total more than $50,000, (ii) whose | 9 |
| aggregate bids and proposals on State contracts combined with | 10 |
| the business entity's aggregate annual total value of State | 11 |
| contracts exceed $50,000, or (iii) whose contracts with State | 12 |
| agencies, in the aggregate, annually total more than $50,000 | 13 |
| shall register with the State Board of Elections in accordance | 14 |
| with Section 9-35 of the Election Code. A business entity | 15 |
| required to register under this subsection shall submit a copy | 16 |
| of the certificate of registration to the applicable chief | 17 |
| procurement officer within 90 days after the effective date of | 18 |
| this amendatory Act of the 95th General Assembly. A business | 19 |
| entity required to register under this subsection due to item | 20 |
| (i) or (ii) has a continuing duty to ensure that the | 21 |
| registration is accurate during the period beginning on the | 22 |
| date of registration and ending on the day after the date the | 23 |
| contract is awarded; any change in information must be reported | 24 |
| to the State Board of Elections 5 business days following such | 25 |
| change or no later than a day before the contract is awarded, | 26 |
| whichever date is earlier. A business entity required to |
|
|
|
09600SB1732ham002 |
- 22 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| register under this subsection due to item (iii) has a | 2 |
| continuing duty to report any changes in information to the | 3 |
| State Board of Elections on the final day of January, April, | 4 |
| July, and October of each year, or the first business day after | 5 |
| such dates, if such dates do not fall on a business day. | 6 |
| (d) Any business entity, not required under subsection (c) | 7 |
| to register within 30 days after the effective date of this | 8 |
| amendatory Act of the 95th General Assembly, whose aggregate | 9 |
| bids and proposals on State contracts annually total more than | 10 |
| $50,000, or whose aggregate bids and proposals on State | 11 |
| contracts combined with the business entity's aggregate annual | 12 |
| total value of State contracts exceed $50,000, shall register | 13 |
| with the State Board of Elections in accordance with Section | 14 |
| 9-35 of the Election Code prior to submitting to a State agency | 15 |
| the bid or proposal whose value causes the business entity to | 16 |
| fall within the monetary description of this subsection. A | 17 |
| business entity required to register under this subsection has | 18 |
| a continuing duty to ensure that the registration is accurate | 19 |
| during the period beginning on the date of registration and | 20 |
| ending on the day after the date the contract is awarded. Any | 21 |
| change in information must be reported to the State Board of | 22 |
| Elections within 5 business days following such change or no | 23 |
| later than a day before the contract is awarded, whichever date | 24 |
| is earlier. | 25 |
| (e) A business entity whose contracts with State agencies, | 26 |
| in the aggregate, annually total more than $50,000 must |
|
|
|
09600SB1732ham002 |
- 23 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| maintain its registration under this Section and has a | 2 |
| continuing duty to ensure that the registration is accurate for | 3 |
| the duration of the term of office of the incumbent | 4 |
| officeholder awarding the contracts or for a period of 2 years | 5 |
| following the expiration or termination of the contracts, | 6 |
| whichever is longer. Any change in information shall be | 7 |
| reported to the State Board of Elections on the final day of | 8 |
| January, April, July, and October of each year, or the first | 9 |
| business day after such dates, if such dates do not fall on a | 10 |
| business day. If a business entity required to register under | 11 |
| this subsection has a pending bid or proposal, any change in | 12 |
| information shall be reported to the State Board of Elections | 13 |
| within 5 business days following such change or no later than a | 14 |
| day before the contract is awarded, whichever date is earlier. | 15 |
| Failure to file by the required date is a violation for which | 16 |
| the State Board of Elections shall impose a civil penalty. | 17 |
| (f) A business entity's continuing duty under this Section | 18 |
| to ensure the accuracy of its registration includes the | 19 |
| requirement that the business entity notify the State Board of | 20 |
| Elections of any change in information, including but not | 21 |
| limited to changes of affiliated entities or affiliated | 22 |
| persons. | 23 |
| (g) A copy of a certificate of registration must accompany | 24 |
| any bid or proposal for a contract with a State agency by a | 25 |
| business entity required to register under this Section. A | 26 |
| chief procurement officer shall not accept a bid or proposal |
|
|
|
09600SB1732ham002 |
- 24 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| unless the certificate is submitted to the agency with the bid | 2 |
| or proposal. | 3 |
| (h) A registration, and any changes to a registration, must | 4 |
| include the business entity's verification of accuracy and | 5 |
| subjects the business entity to the penalties of the laws of | 6 |
| this State for perjury. | 7 |
| In addition to any penalty under Section 9-35 of the | 8 |
| Election Code, intentional, willful, or material failure to | 9 |
| disclose information required for registration shall render | 10 |
| the contract, bid, proposal, or other procurement relationship | 11 |
| voidable by the chief procurement officer if he or she deems it | 12 |
| to be in the best interest of the State of Illinois. | 13 |
| (i) This Section applies regardless of the method of source | 14 |
| selection used in awarding the contract.
| 15 |
| (Source: P.A. 95-971, eff. 1-1-09; 09600SB0051enr.)
| 16 |
| (30 ILCS 500/50-5)
| 17 |
| Sec. 50-5. Bribery.
| 18 |
| (a) Prohibition. No person or business shall be awarded a
| 19 |
| contract or subcontract under
this Code who:
| 20 |
| (1) has been convicted under the laws of Illinois or
| 21 |
| any other state of bribery
or attempting to bribe an | 22 |
| officer or employee of the State of
Illinois or any other | 23 |
| state in that
officer's or employee's official capacity; or
| 24 |
| (2) has made an admission of guilt of that conduct that
| 25 |
| is a matter of record but
has not been prosecuted for that |
|
|
|
09600SB1732ham002 |
- 25 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| conduct.
| 2 |
| (b) Businesses. No business shall be barred from
| 3 |
| contracting with any unit of State or
local government, or | 4 |
| subcontracting under such a contract, as a result of a | 5 |
| conviction under this Section of
any employee or agent of the
| 6 |
| business if the employee or agent is no longer employed by the
| 7 |
| business and:
| 8 |
| (1) the business has been finally adjudicated not
| 9 |
| guilty; or
| 10 |
| (2) the business demonstrates to the governmental
| 11 |
| entity with which it seeks to
contract or which is a | 12 |
| signatory to the contract to which the subcontract relates, | 13 |
| and that entity finds that the commission of the offense
| 14 |
| was not authorized, requested,
commanded, or performed by a | 15 |
| director, officer, or high managerial
agent on behalf of | 16 |
| the
business as provided in paragraph (2) of subsection (a) | 17 |
| of Section
5-4 of the Criminal Code of
1961.
| 18 |
| (c) Conduct on behalf of business. For purposes of this
| 19 |
| Section, when an official, agent,
or employee of a business | 20 |
| committed the bribery or attempted
bribery on behalf of the | 21 |
| business
and in accordance with the direction or authorization | 22 |
| of a responsible
official of the business, the
business shall | 23 |
| be chargeable with the conduct.
| 24 |
| (d) Certification. Every bid submitted to and contract
| 25 |
| executed by the State and every subcontract with a value of | 26 |
| $25,000 or more that is subject to Section 20-120 of this Code |
|
|
|
09600SB1732ham002 |
- 26 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| shall
contain a certification by the contractor or the | 2 |
| subcontractor, respectively, that the contractor or | 3 |
| subcontractor is
not barred from being awarded a
contract or | 4 |
| subcontract under this Section and acknowledges that the chief | 5 |
| procurement officer may declare the related contract void if | 6 |
| any certifications required by this Section are false. A | 7 |
| contractor who
makes a false statement, material
to the | 8 |
| certification, commits a Class 3 felony.
| 9 |
| (Source: P.A. 90-572, eff. 2-6-98; 09600SB0051enr.)
| 10 |
| (30 ILCS 500/50-10.5)
| 11 |
| Sec. 50-10.5. Prohibited bidders and contractors.
| 12 |
| (a) Unless otherwise provided, no business shall bid or | 13 |
| enter into a
contract or subcontract under this Code if the | 14 |
| business or any
officer, director, partner, or other managerial | 15 |
| agent of the business has been
convicted of a felony under the | 16 |
| Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under | 17 |
| the Illinois Securities Law of 1953 for a
period of 5 years | 18 |
| from
the date of conviction.
| 19 |
| (b) Every bid submitted to and contract executed by the | 20 |
| State and every subcontract subject to Section 20-120 of this | 21 |
| Code shall contain
a certification by the bidder, contractor, | 22 |
| or subcontractor, respectively, that the bidder, contractor, | 23 |
| or subcontractor is not barred
from being awarded a contract or | 24 |
| subcontract under this Section and
acknowledges that the chief | 25 |
| procurement officer shall declare the related contract void
if |
|
|
|
09600SB1732ham002 |
- 27 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| any of
the certifications completed pursuant to this subsection | 2 |
| (b) are false.
| 3 |
| (c) If a business is not a natural person, the prohibition | 4 |
| in subsection (a)
applies only if:
| 5 |
| (1) the business itself is convicted of a felony | 6 |
| referenced in subsection
(a); or
| 7 |
| (2) the business is ordered to pay punitive damages | 8 |
| based on the
conduct
of any officer, director, partner, or | 9 |
| other managerial agent who has been
convicted of a felony | 10 |
| referenced in subsection (a).
| 11 |
| (d) A natural person who is convicted of a felony | 12 |
| referenced in subsection
(a) remains subject to Section 50-10.
| 13 |
| (e) No person or business shall bid or enter into a | 14 |
| contract under this Code if the person or business: | 15 |
| (1) assisted the State of Illinois or a State agency in | 16 |
| determining whether there is a need for a contract except | 17 |
| as part of a response to a publicly issued request for | 18 |
| information; or | 19 |
| (2) assisted the State of Illinois or a State agency by | 20 |
| reviewing, drafting, or preparing a solicitation request | 21 |
| for proposals or request for information or provided | 22 |
| similar assistance. | 23 |
| For purposes of this subsection (e), "business" includes | 24 |
| all individuals with whom a business is affiliated, including, | 25 |
| but not limited to, any officer, agent, employee, consultant, | 26 |
| independent contractor, director, partner, manager, or |
|
|
|
09600SB1732ham002 |
- 28 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| shareholder of a business. | 2 |
| (Source: P.A. 93-600, eff. 1-1-04; 09600SB0051enr.)
| 3 |
| (30 ILCS 500/50-35)
| 4 |
| Sec. 50-35. Financial disclosure and potential conflicts | 5 |
| of interest.
| 6 |
| (a) All offers from responsive bidders or offerors with an | 7 |
| annual value of
more than $10,000, and all subcontracts with a | 8 |
| value of $25,000 or more , copies of which must be provided by | 9 |
| Section 20-120 of this Code , shall be accompanied by disclosure | 10 |
| of the financial
interests of the contractor, bidder, or | 11 |
| proposer and each subcontractor to be used. The financial | 12 |
| disclosure of
each successful bidder or offeror and its | 13 |
| subcontractors shall be incorporated as a material term of the | 14 |
| contract and shall become
part of the publicly available | 15 |
| contract or procurement file
maintained by the appropriate | 16 |
| chief procurement officer. Each disclosure under this Section | 17 |
| and Section 50-34 shall be signed and made under penalty of | 18 |
| perjury by an authorized officer or employee on behalf of the | 19 |
| bidder or offeror, and must be filed with the Procurement | 20 |
| Policy Board. This Section does not apply to subcontracts with | 21 |
| a value of less than $25,000.
| 22 |
| (b) Disclosure shall include any
ownership or distributive | 23 |
| income share that is in excess of 5%, or an amount
greater than | 24 |
| 60% of the annual salary of the Governor, of the disclosing | 25 |
| entity
or its parent entity, whichever is less, unless the |
|
|
|
09600SB1732ham002 |
- 29 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| contractor, bidder, or subcontractor
(i) is a
publicly traded | 2 |
| entity subject to Federal 10K reporting, in which case it may
| 3 |
| submit its 10K
disclosure in place of the prescribed | 4 |
| disclosure, or (ii) is a privately held
entity that is exempt | 5 |
| from Federal 10k reporting but has more than 400
shareholders, | 6 |
| in which case it may submit the information that Federal 10k
| 7 |
| reporting companies are required to report under 17 CFR 229.401 | 8 |
| and list the
names of any person or entity holding any | 9 |
| ownership share that is in excess of
5% in place of the | 10 |
| prescribed disclosure. The form of disclosure shall
be | 11 |
| prescribed by the applicable chief procurement officer and must | 12 |
| include at
least the names,
addresses, and dollar or | 13 |
| proportionate share of ownership of each person
identified in | 14 |
| this Section, their instrument of ownership or beneficial
| 15 |
| relationship, and notice of any potential conflict of interest | 16 |
| resulting from
the current ownership or beneficial | 17 |
| relationship of each person identified in
this Section having | 18 |
| in addition any of the following relationships:
| 19 |
| (1) State employment, currently or in the previous 3 | 20 |
| years, including
contractual employment of services.
| 21 |
| (2) State employment of spouse, father, mother, son, or | 22 |
| daughter,
including
contractual employment for services in | 23 |
| the previous 2 years.
| 24 |
| (3) Elective status; the holding of elective office of | 25 |
| the State of
Illinois, the government of the United States, | 26 |
| any unit of local government
authorized by the Constitution |
|
|
|
09600SB1732ham002 |
- 30 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| of the State of Illinois or the statutes of the
State of | 2 |
| Illinois currently or in the previous 3 years.
| 3 |
| (4) Relationship to anyone holding elective office | 4 |
| currently or in the
previous 2 years; spouse, father, | 5 |
| mother, son, or daughter.
| 6 |
| (5) Appointive office; the holding of any appointive | 7 |
| government office of
the State of Illinois, the United | 8 |
| States of America, or any unit of local
government | 9 |
| authorized by the Constitution of the State of Illinois or | 10 |
| the
statutes of the State of Illinois, which office | 11 |
| entitles the holder to
compensation in excess of expenses | 12 |
| incurred in the discharge of that office
currently or in | 13 |
| the previous 3 years.
| 14 |
| (6) Relationship to anyone holding appointive office | 15 |
| currently or in the
previous 2 years; spouse, father, | 16 |
| mother, son, or daughter.
| 17 |
| (7) Employment, currently or in the previous 3 years, | 18 |
| as or by any
registered lobbyist of the State government.
| 19 |
| (8) Relationship to anyone who is or was a registered | 20 |
| lobbyist in the
previous 2 years; spouse, father, mother, | 21 |
| son, or daughter.
| 22 |
| (9) Compensated employment, currently or in the | 23 |
| previous 3 years, by any
registered election or re-election | 24 |
| committee registered with the Secretary of
State or any | 25 |
| county clerk in the State of Illinois, or any political | 26 |
| action
committee registered with either the Secretary of |
|
|
|
09600SB1732ham002 |
- 31 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| State or the Federal Board of
Elections.
| 2 |
| (10) Relationship to anyone; spouse, father, mother, | 3 |
| son, or daughter; who
is or was a compensated employee in | 4 |
| the last 2 years of any registered
election or re-election | 5 |
| committee registered with the Secretary of State or any
| 6 |
| county clerk in the State of Illinois, or any political | 7 |
| action committee
registered with either the Secretary of | 8 |
| State or the Federal Board of
Elections.
| 9 |
| (b-1) The disclosure required under this Section must also | 10 |
| include the name and address of each lobbyist and other agent | 11 |
| of the bidder or offeror who is not identified under | 12 |
| subsections (a) and (b) and who has communicated, is | 13 |
| communicating, or may communicate with any State officer or | 14 |
| employee concerning the bid or offer. The disclosure under this | 15 |
| subsection is a continuing obligation and must be promptly | 16 |
| supplemented for accuracy throughout the process and | 17 |
| throughout the term of the contract if the bid or offer is | 18 |
| successful. | 19 |
| (b-2) The disclosure required under this Section must also | 20 |
| include, for each of the persons identified in subsection (b) | 21 |
| or (b-1), each of the following that occurred within the | 22 |
| previous 10 years: debarment from contracting with any | 23 |
| governmental entity; professional licensure discipline; | 24 |
| bankruptcies; adverse civil judgments and administrative | 25 |
| findings; and criminal felony convictions. The disclosure | 26 |
| under this subsection is a continuing obligation and must be |
|
|
|
09600SB1732ham002 |
- 32 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| promptly supplemented for accuracy throughout the process and | 2 |
| throughout the term of the contract if the bid or offer is | 3 |
| successful. | 4 |
| (c) The disclosure in subsection (b) is not intended to | 5 |
| prohibit or prevent
any
contract. The disclosure is meant to | 6 |
| fully and publicly disclose any potential
conflict to the chief | 7 |
| procurement officers, State purchasing officers, their
| 8 |
| designees, and executive officers so they may adequately | 9 |
| discharge their duty
to protect the State.
| 10 |
| (d) When a potential for a conflict of interest is | 11 |
| identified, discovered, or reasonably suspected, the chief | 12 |
| procurement officer or State procurement officer shall send the | 13 |
| contract to the Procurement Policy Board. The Board shall | 14 |
| recommend, in writing, whether to allow or void the contract, | 15 |
| bid, offer, or subcontract weighing the best interest of the | 16 |
| State of Illinois. All recommendations shall be submitted to | 17 |
| the chief procurement officer. The chief procurement officer | 18 |
| must hold a public hearing if the Procurement Policy Board | 19 |
| makes a recommendation to (i) void a contract or (ii) void a | 20 |
| bid or offer and the chief procurement officer selected or | 21 |
| intends to award the contract to the bidder or offeror. A chief | 22 |
| procurement officer is prohibited from awarding a contract | 23 |
| before a hearing if the Board recommendation does not support a | 24 |
| bid or offer. The recommendation and proceedings of any | 25 |
| hearing, if applicable, shall become part of the contract, bid, | 26 |
| or proposal file and shall be available to the public.
|
|
|
|
09600SB1732ham002 |
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LRB096 11111 JAM 30093 a |
|
| 1 |
| (e) These thresholds and disclosure do not relieve the | 2 |
| chief procurement
officer, the State purchasing officer, or
| 3 |
| their designees from reasonable care and diligence for any | 4 |
| contract, bid,
offer,
or proposal. The chief procurement | 5 |
| officer, the State purchasing officer, or
their designees shall | 6 |
| be
responsible for using any reasonably known and publicly | 7 |
| available information
to
discover any undisclosed potential | 8 |
| conflict of interest and act to protect the
best interest of | 9 |
| the State of Illinois.
| 10 |
| (f) Inadvertent or accidental failure to fully disclose | 11 |
| shall render the
contract, bid, proposal, subcontract, or | 12 |
| relationship voidable by the chief procurement
officer if he or | 13 |
| she deems it in
the best interest of the State of Illinois and, | 14 |
| at his or her discretion, may
be cause for barring from future | 15 |
| contracts, bids, proposals, subcontracts, or
relationships | 16 |
| with the State for a period of up to 2 years.
| 17 |
| (g) Intentional, willful, or material failure to disclose | 18 |
| shall render the
contract, bid, proposal, subcontract, or | 19 |
| relationship voidable by the chief procurement
officer if he or | 20 |
| she deems it in
the best interest of the State of Illinois and | 21 |
| shall result in debarment from
future contracts, bids, | 22 |
| proposals, subcontracts, or relationships for a period of not | 23 |
| less
than 2 years and not more than 10 years. Reinstatement | 24 |
| after 2 years and
before 10 years must be reviewed and | 25 |
| commented on in writing by the Governor
of the State of | 26 |
| Illinois, or by an executive ethics board or commission he or
|
|
|
|
09600SB1732ham002 |
- 34 - |
LRB096 11111 JAM 30093 a |
|
| 1 |
| she
might designate. The comment shall be returned to the | 2 |
| responsible chief
procurement officer who must
rule in writing | 3 |
| whether and when to reinstate.
| 4 |
| (h) In addition, all disclosures shall note any other | 5 |
| current or pending
contracts, proposals, subcontracts, leases, | 6 |
| or other ongoing procurement relationships the
bidding, | 7 |
| proposing, offering, or subcontracting entity has with any | 8 |
| other unit of State
government and shall clearly identify the | 9 |
| unit and the contract, proposal,
lease, or other relationship.
| 10 |
| (i) The contractor or bidder has a continuing obligation to | 11 |
| supplement the disclosure required by this Section throughout | 12 |
| the bidding process or during the term of any contract. | 13 |
| (Source: P.A. 95-331, eff. 8-21-07; 09600SB0051enr.)
| 14 |
| (30 ILCS 500/50-37) | 15 |
| Sec. 50-37. Prohibition of political contributions. | 16 |
| (a) As used in this Section: | 17 |
| The terms "contract", "State contract", and "contract | 18 |
| with a State agency" each mean any contract, as defined in | 19 |
| this Code, between a business entity and a State agency let | 20 |
| or awarded pursuant to this Code. The terms "contract", | 21 |
| "State contract", and "contract with a State agency" do not | 22 |
| include cost reimbursement contracts; purchase of care | 23 |
| agreements as defined in Section 1-15.68 of this Code; | 24 |
| contracts for projects eligible for full or partial | 25 |
| federal-aid funding reimbursements authorized by the |
|
|
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| 1 |
| Federal Highway Administration; grants, including but are | 2 |
| not limited to grants for job training or transportation; | 3 |
| and grants, loans, or tax credit agreements for economic | 4 |
| development purposes. | 5 |
| "Contribution" means a contribution as defined in | 6 |
| Section 9-1.4 of the Election Code. | 7 |
| "Declared candidate" means a person who has filed a | 8 |
| statement of candidacy and petition for nomination or | 9 |
| election in the principal office of the State Board of | 10 |
| Elections. | 11 |
| "State agency" means and includes all boards, | 12 |
| commissions, agencies, institutions, authorities, and | 13 |
| bodies politic and corporate of the State, created by or in | 14 |
| accordance with the Illinois Constitution or State | 15 |
| statute, of the executive branch of State government and | 16 |
| does include colleges, universities,
public employee | 17 |
| retirement systems, and institutions under the | 18 |
| jurisdiction of the governing boards of the University of | 19 |
| Illinois, Southern Illinois University, Illinois State | 20 |
| University, Eastern Illinois University, Northern Illinois | 21 |
| University, Western Illinois University, Chicago State | 22 |
| University, Governors State University, Northeastern | 23 |
| Illinois University, and the Illinois Board of Higher | 24 |
| Education. | 25 |
| "Officeholder" means the Governor, Lieutenant | 26 |
| Governor, Attorney General, Secretary of State, |
|
|
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| Comptroller, or Treasurer. The Governor shall be | 2 |
| considered the officeholder responsible for awarding all | 3 |
| contracts by all officers and employees of, and vendors and | 4 |
| others doing business with, executive branch State | 5 |
| agencies under the jurisdiction of the Executive Ethics | 6 |
| Commission and not within the jurisdiction of the Attorney | 7 |
| General, the Secretary of State, the Comptroller, or the | 8 |
| Treasurer. | 9 |
| "Sponsoring entity" means a sponsoring entity as | 10 |
| defined in Section 9-3 of the Election Code. | 11 |
| "Affiliated person" means (i) any person with any | 12 |
| ownership
interest or distributive share of the bidding or | 13 |
| contracting business entity in excess of 7.5%, (ii) | 14 |
| executive employees of the bidding or contracting business | 15 |
| entity, and (iii) the spouse of any such persons. | 16 |
| "Affiliated person" does not include a person prohibited by | 17 |
| federal law from making contributions or expenditures in | 18 |
| connection with a federal, state, or local election. | 19 |
| "Affiliated entity" means (i) any corporate parent and | 20 |
| each operating subsidiary of the bidding or contracting | 21 |
| business entity, (ii) each operating subsidiary of the | 22 |
| corporate parent of the bidding or contracting business | 23 |
| entity, (iii) any organization recognized by the United | 24 |
| States Internal Revenue Service as a tax-exempt | 25 |
| organization described in Section 501(c) of the Internal | 26 |
| Revenue Code of 1986 (or any successor provision of federal |
|
|
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| tax law) established by the bidding or contracting business | 2 |
| entity, any affiliated entity of that business entity, or | 3 |
| any affiliated person of that business entity, or (iv) any | 4 |
| political committee for which the bidding or contracting | 5 |
| business entity, or any 501(c) organization described in | 6 |
| item (iii) related to that business entity, is the | 7 |
| sponsoring entity. "Affiliated entity" does not include an | 8 |
| entity prohibited by federal law from making contributions | 9 |
| or expenditures in connection with a federal, state, or | 10 |
| local election. | 11 |
| "Business entity" means any entity doing business for | 12 |
| profit, whether organized as a corporation, partnership, | 13 |
| sole proprietorship, limited liability company or | 14 |
| partnership, or otherwise. | 15 |
| "Executive employee" means (i) the President, | 16 |
| Chairman, or Chief Executive Officer of a business entity | 17 |
| and any other individual that fulfills equivalent duties as | 18 |
| the President, Chairman of the Board, or Chief Executive | 19 |
| Officer of a business entity; and (ii) any employee of a | 20 |
| business entity whose compensation is determined directly, | 21 |
| in whole or in part, by the award or payment of contracts | 22 |
| by a State agency to the entity employing the employee. A | 23 |
| regular salary that is paid irrespective of the award or | 24 |
| payment of a contract with a State agency shall not | 25 |
| constitute "compensation" under item (ii) of this | 26 |
| definition. "Executive employee" does not include any |
|
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| person prohibited by federal law from making contributions | 2 |
| or expenditures in connection with a federal, state, or | 3 |
| local election. | 4 |
| (b) Any business entity whose contracts with State | 5 |
| agencies, in the aggregate, annually total more than $50,000, | 6 |
| and any affiliated entities or affiliated persons of such | 7 |
| business entity, are prohibited from making any contributions | 8 |
| to any political committees established to promote the | 9 |
| candidacy of (i) the officeholder responsible for awarding the | 10 |
| contracts or (ii) any other declared candidate for that office. | 11 |
| This prohibition shall be effective for the duration of the | 12 |
| term of office of the incumbent officeholder awarding the | 13 |
| contracts or for a period of 2 years following the expiration | 14 |
| or termination of the contracts, whichever is longer. | 15 |
| (c) Any business entity whose aggregate pending bids and | 16 |
| proposals on State contracts total more than $50,000, or whose | 17 |
| aggregate pending bids and proposals on State contracts | 18 |
| combined with the business entity's aggregate annual total | 19 |
| value of State contracts exceed $50,000, and any affiliated | 20 |
| entities or affiliated persons of such business entity, are | 21 |
| prohibited from making any contributions to any political | 22 |
| committee
established to promote the candidacy of the | 23 |
| officeholder responsible for awarding the contract on which the | 24 |
| business entity has submitted a bid or proposal during the | 25 |
| period beginning on the date the invitation for bids or request | 26 |
| for proposals is issued and ending on the day after the date |
|
|
|
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| 1 |
| the contract is awarded. | 2 |
| (d) All contracts between State agencies and a business | 3 |
| entity that violate subsection (b) or (c) shall be voidable | 4 |
| under Section 50-60. If a business entity violates subsection | 5 |
| (b) 3 or more times within a 36-month period, then all | 6 |
| contracts between State agencies and that business entity shall | 7 |
| be void, and that business entity shall not bid or respond to | 8 |
| any invitation to bid or request for proposals from any State | 9 |
| agency or otherwise enter into any contract with any State | 10 |
| agency for 3 years from the date of the last violation. A | 11 |
| notice of each violation and the penalty imposed shall be | 12 |
| published in both the Procurement Bulletin and the Illinois | 13 |
| Register. | 14 |
| (e) Any political committee that has received a | 15 |
| contribution in violation of subsection (b) or (c) shall pay an | 16 |
| amount equal to the value of the contribution to the State no | 17 |
| more than 30 days after notice of the violation concerning the | 18 |
| contribution appears in the Illinois Register. Payments | 19 |
| received by the State
pursuant to this subsection shall be | 20 |
| deposited into the general revenue
fund.
| 21 |
| (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09; | 22 |
| 09600SB0051enr.)
| 23 |
| (30 ILCS 500/50-38)
| 24 |
| Sec. 50-38. Lobbying restrictions. | 25 |
| (a) A person or business that is let or awarded a contract |
|
|
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| 1 |
| is not entitled to receive any payment, compensation, or other | 2 |
| remuneration from the State to compensate the person or | 3 |
| business for any expenses related to travel, lodging, or meals | 4 |
| that are paid by the person or business to any officer, agent, | 5 |
| employee, consultant, independent contractor, director, | 6 |
| partner, manager, or shareholder , except pursuant to a contract | 7 |
| providing for reimbursement limited to the rates approved for | 8 |
| travel by a State employee . | 9 |
| (b) Any bidder or offeror on a State contract that hires a | 10 |
| person required to register under the Lobbyist Registration Act | 11 |
| to assist in obtaining a contract shall (i) disclose all costs, | 12 |
| fees, compensation, reimbursements, and other remunerations | 13 |
| paid or to be paid to the lobbyist related to the contract, | 14 |
| (ii) not bill or otherwise cause the State of Illinois to pay | 15 |
| for any of the lobbyist's costs, fees, compensation, | 16 |
| reimbursements, or other remuneration, and (iii) sign a | 17 |
| verification certifying that none of the lobbyist's costs, | 18 |
| fees, compensation, reimbursements, or other remuneration were | 19 |
| billed to the State. This information, along with all | 20 |
| supporting documents, shall be filed with the agency awarding | 21 |
| the contract and with the Secretary of State. The chief | 22 |
| procurement officer shall post this information, together with | 23 |
| the contract award notice, in the online Procurement Bulletin. | 24 |
| (c) Ban on contingency fee. No person or entity shall | 25 |
| retain a person or entity to attempt to influence the outcome | 26 |
| of a procurement decision made under this Code for compensation |
|
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| 1 |
| contingent in whole or in part upon the decision or | 2 |
| procurement. Any person who violates this subsection is guilty | 3 |
| of a business offense and shall be fined not more than $10,000.
| 4 |
| (Source: 09600SB0051enr.) | 5 |
| (30 ILCS 500/50-39)
| 6 |
| Sec. 50-39. Procurement communications reporting | 7 |
| requirement. | 8 |
| (a) Any written or oral communication received by a State | 9 |
| employee that imparts or requests material information or makes | 10 |
| a material argument regarding potential action concerning a | 11 |
| procurement matter, including, but not limited to, an | 12 |
| application, a contract, or a project, shall be reported to the | 13 |
| Procurement Policy Board. | 14 |
| (b) The report required by subsection (a) shall be | 15 |
| submitted monthly and include at least the following: (i) the | 16 |
| date and time of each communication; (ii) the identity of each | 17 |
| person from whom the written or oral communication was | 18 |
| received, the individual or entity represented by that person, | 19 |
| and any action the person requested or recommended; (iii) the | 20 |
| identity and job title of the person to whom each communication | 21 |
| was made; (iv) if a response is made, the identity and job | 22 |
| title of the person making each response; (v) a detailed | 23 |
| summary of the points made by each person involved in the | 24 |
| communication; (vi) the duration of the communication; (vii) | 25 |
| the location or locations of all persons involved in the |
|
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| 1 |
| communication and, if the communication occurred by telephone, | 2 |
| the telephone numbers for the callers and recipients of the | 3 |
| communication; and (viii) any other pertinent information. | 4 |
| (c) Additionally, when an oral communication made by a | 5 |
| person required to register under the Lobbyist Registration Act | 6 |
| is received by a State employee that is covered under this | 7 |
| Section, all individuals who initiate or participate in the | 8 |
| oral communication shall submit a written report to that State | 9 |
| employee that memorializes the communication and includes, but | 10 |
| is not limited to, the items listed in subsection (b). | 11 |
| (d) The Procurement Policy Board shall make each report | 12 |
| submitted pursuant to this Section available on its website | 13 |
| within 7 days after its receipt of the report. The Executive | 14 |
| Ethics Commission Procurement Policy Board may promulgate | 15 |
| rules to ensure uniform compliance with and reporting under | 16 |
| this Section. | 17 |
| (e) An employee who knowingly and intentionally violates | 18 |
| this Section shall be subject to suspension or discharge.
| 19 |
| (f) This Section applies on and after July 1, 2010. | 20 |
| (Source: 09600SB0051enr.)
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.".
|
|