SB0268sam001 97TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 4/11/2011

09700SB0268sam001 LRB097 04080 HEP 54302 a

AMENDMENT TO SENATE BILL 268

AMENDMENT NO. ______. Amend Senate Bill 268 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Sections 2705-594 and 2705-596 as follows:

(20 ILCS 2705/2705-594 new)

Sec. 2705-594. Outreach events for businesses.

(a) In order to aid in its efforts to achieve greater participation in its construction design projects, the Department shall host periodic outreach events designed to increase the number of businesses that participate in contracting opportunities within the Department.

(b) Events hosted pursuant to this Section shall:

(i) notify and educate businesses about State contracting opportunities within the Department;

(ii) assist prime contractors in locating businesses;

(iii) provide information for businesses which have been newly prequalified or are interested in learning more about Department project procedures;

(iv) provide compliance technicians to aid in the clarification of Department programs and procedures;

(v) provide opportunities for contractors and consultants to meet with representatives from the Department's Division of Highways and Consultant Selection Committee; and

(vi) contain any other features designed to increase the number of businesses that participate in contracting opportunities within the Department.

(c) The Department may adopt appropriate rules to implement this Section.

(20 ILCS 2705/2705-596 new)

Sec. 2705-596. Contracts for professional services.

(a) The Department may not award a contract for professional services unless at least 3 distinct proposals for the contract have been submitted.

(b) The Department may request an oral presentation for a contract for professional services from a potential vendor for the contract.

Section 10. The Illinois Procurement Code is amended by changing Section 50-39 as follows:

(30 ILCS 500/50-39)

Sec. 50-39. Procurement communications reporting requirement.

(a) Any written or oral communication which is received by a State employee who, by the nature of his or her duties has the authority to participate personally and substantially in the award of a State contract, and which that imparts or requests material information or makes a material argument regarding potential action concerning an active a procurement matter, including, but not limited to, an application, a contract, or a project, shall be reported to the Procurement Policy Board. For purposes of this Section, "active procurement matter" means a contractual process currently being administered, beginning with publication in the Illinois Procurement Bulletin. These communications do not include the following: (i) statements by a person publicly made in a public forum; (ii) statements regarding matters of procedure and practice, such as format, the number of copies required, the manner of filing, and the status of a matter; and (iii) statements made by a State employee of the agency to the agency head or other employees of that agency or to the employees of the Executive Ethics Commission. The provisions of this Section shall not apply to communications regarding the administration and implementation of an existing contract, except communications regarding change orders or the renewal or extension of a contract.

(b) The report required by subsection (a) shall be submitted monthly and include at least the following: (i) the date and time of each communication; (ii) the identity of each person from whom the written or oral communication was received, the individual or entity represented by that person, and any action the person requested or recommended; (iii) the identity and job title of the person to whom each communication was made; (iv) if a response is made, the identity and job title of the person making each response; (v) a detailed summary of the points made by each person involved in the communication; (vi) the duration of the communication; (vii) the location or locations of all persons involved in the communication and, if the communication occurred by telephone, the telephone numbers for the callers and recipients of the communication; and (viii) any other pertinent information.

(c) Additionally, when an oral communication made by a person required to register under the Lobbyist Registration Act is received by a State employee that is covered under this Section, all individuals who initiate or participate in the oral communication shall submit a written report to that State employee that memorializes the communication and includes, but is not limited to, the items listed in subsection (b).

(d) The Procurement Policy Board shall make each report submitted pursuant to this Section available on its website within 7 days after its receipt of the report. The Procurement Policy Board may promulgate rules to ensure compliance with this Section.

(e) The reporting requirements shall also be conveyed through ethics training under the State Employees and Officials and Employees Ethics Act. An employee who knowingly and intentionally violates this Section shall be subject to suspension or discharge. The Executive Ethics Commission shall promulgate rules, including emergency rules, to implement this Section.

(f) This Section becomes operative on January 1, 2011.

(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-920, eff. 7-1-10; revised 9-27-10.)

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