Full Text of HB2312 94th General Assembly
HB2312ham001 94TH GENERAL ASSEMBLY
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Rep. William Davis
Filed: 4/12/2005
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09400HB2312ham001 |
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LRB094 03307 JAM 45069 a |
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| AMENDMENT TO HOUSE BILL 2312
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| AMENDMENT NO. ______. Amend House Bill 2312 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "ARTICLE 1 | 5 |
| Section 1-1. Short title. This Article may be cited as the | 6 |
| Legislative Contract Disclosure Act . | 7 |
| Section 1-5. Definitions. For purposes of this Article: | 8 |
| "Contract" means any contract or agreement for goods or | 9 |
| services executed by a legislator, legislative office, or | 10 |
| legislative agency, with an annual value of $50,000 or more, | 11 |
| except, regardless of amount, "contract" as used in this | 12 |
| Article shall not include the following: | 13 |
| (1) Contracts with State agencies or officers or other | 14 |
| political subdivisions; | 15 |
| (2) Hiring of an individual as an employee or | 16 |
| independent contractor, whether pursuant to an employment | 17 |
| code or policy or by contract directly with that | 18 |
| individual; | 19 |
| (3) Collective bargaining contracts; | 20 |
| (4) Purchase of real estate; or | 21 |
| (5) Contracts necessary to prepare for anticipated | 22 |
| litigation, enforcement actions, or investigations. | 23 |
| "Contracting entity" means an entity that has executed a |
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| contract with the legislator, legislative office, or | 2 |
| legislative agency. | 3 |
| "Key persons" means any persons who (i) have an ownership | 4 |
| or distributive income share in the contracting entity that is | 5 |
| in excess of 5%, or an amount greater than 60% of the annual | 6 |
| salary of the Governor; (ii) serve as executive officers of the | 7 |
| contracting entity; (iii) are employed by the contracting | 8 |
| entity who are required to register as lobbyists under the | 9 |
| Lobbyist Registration Act; (iv) are individuals or entities | 10 |
| with whom the contracting entity is contracting who are | 11 |
| required to register as lobbyists under the Lobbyist | 12 |
| Registration Act; and (v) are employed by the contracting | 13 |
| entity who are special government agents as defined in Section | 14 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 15 |
| Section 1-10. Notice. Notice of the execution of contracts | 16 |
| shall be posted on the website of the Illinois General Assembly | 17 |
| that includes a brief description of the purpose of the | 18 |
| contract and disclosure of the names of the following: | 19 |
| (1) The contracting entity; | 20 |
| (2) Any entity that is a parent of, or owns a | 21 |
| controlling interest in, the contracting
entity;
| 22 |
| (3) Any entity that is a subsidiary of, or owns a | 23 |
| controlling interest in, the contracting entity; | 24 |
| (4) Any State, local, or federal political committee | 25 |
| that makes or may make political contributions on behalf of | 26 |
| the contracting entity; and | 27 |
| (5) The contracting entity's key persons. | 28 |
| This notice shall be posted within 10 business days after the | 29 |
| earlier of (i) execution of the contract or (ii) whenever | 30 |
| services or goods begin to be provided under the contract and, | 31 |
| in any event, prior to any payment by the State under the | 32 |
| contract. |
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| Section 1-15. Application. This Article applies to | 2 |
| contracts executed on or after the effective date of this | 3 |
| amendatory Act of the 94th General Assembly. | 4 |
| ARTICLE 5 | 5 |
| Section 5-1. Short title. This Article may be cited as the | 6 |
| Lieutenant Governor's Contract Disclosure Act . | 7 |
| Section 5-5. Definitions. For purposes of this Article: | 8 |
| "Contract" means any contract or agreement for goods or | 9 |
| services executed by the office of the Lieutenant Governor with | 10 |
| an annual value of $50,000 or more, except, regardless of | 11 |
| amount, "contract" as used in this Section shall not include | 12 |
| the following: | 13 |
| (1) Contracts with State agencies or officers or other | 14 |
| political subdivisions; | 15 |
| (2) Hiring of an individual as an employee or | 16 |
| independent contractor, whether pursuant to an employment | 17 |
| code or policy or by contract directly with that | 18 |
| individual; | 19 |
| (3) Collective bargaining contracts; | 20 |
| (4) Purchase of real estate; or | 21 |
| (5) Contracts necessary to prepare for anticipated | 22 |
| litigation, enforcement actions, or investigations. | 23 |
| "Contracting entity" means an entity that has executed a | 24 |
| contract with the Office of the Lieutenant Governor.
| 25 |
| "Key persons" means any persons who (i) have an ownership | 26 |
| or distributive income share in the contracting entity that is | 27 |
| in excess of 5%, or an amount greater than 60% of the annual | 28 |
| salary of the Governor; (ii) serve as executive officers of the | 29 |
| contracting entity; (iii) are employed by the contracting | 30 |
| entity who are required to register as lobbyists under the | 31 |
| Lobbyist Registration Act; (iv) are individuals or entities |
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| with whom the contracting entity is contracting who are | 2 |
| required to register as lobbyists under the Lobbyist | 3 |
| Registration Act; and (v) are employed by the contracting | 4 |
| entity who are special government agents as defined in Section | 5 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 6 |
| Section 5-10. Notice. Notice of the execution of contracts | 7 |
| shall be posted on the website of the Office of the Lieutenant | 8 |
| Governor that includes a brief description of the purpose of | 9 |
| the contract and disclosure of the names of the following: | 10 |
| (1) The contracting entity; | 11 |
| (2) Any entity that is a parent of, or owns a | 12 |
| controlling interest in, the contracting
entity; | 13 |
| (3) Any entity that is a subsidiary of, or owns a | 14 |
| controlling interest in, the contracting entity; | 15 |
| (4) Any State, local, or federal political committee | 16 |
| that makes or may make political contributions on behalf of | 17 |
| the contracting entity; and | 18 |
| (5) The contracting entity's key persons.
| 19 |
| This notice shall be posted within 10 business days after the | 20 |
| earlier of (i) execution of the contract or (ii) whenever | 21 |
| services or goods begin to be provided under the contract and, | 22 |
| in any event, prior to any payment by the State under the | 23 |
| contract. | 24 |
| Section 5-15. Application. This Article applies to | 25 |
| contracts executed on or after the effective date of this | 26 |
| amendatory Act of the 94th General Assembly. | 27 |
| ARTICLE 90 | 28 |
| Section 90-5. The State Budget Law is amended by adding | 29 |
| Section 50-25 as follows: |
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| (15 ILCS 20/50-25 new)
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| Sec. 50-25. Governor's Contract Disclosure.
| 3 |
| (a) For purposes of this Section:
| 4 |
| "Contract" means any contract or agreement for goods or | 5 |
| services executed by the Office of the Governor, with an annual | 6 |
| value of $50,000 or more, except, regardless of amount, | 7 |
| "contract" as used in this Section shall not include the | 8 |
| following: | 9 |
| (1) Contracts with State agencies or officers or other | 10 |
| political subdivisions; | 11 |
| (2) Hiring of an individual as an employee or | 12 |
| independent contractor, whether pursuant to an employment | 13 |
| code or policy or by contract directly with that | 14 |
| individual; | 15 |
| (3) Collective bargaining contracts; | 16 |
| (4) Purchase of real estate; or | 17 |
| (5) Contracts necessary to prepare for anticipated | 18 |
| litigation, enforcement actions, or investigations. | 19 |
| "Contracting entity" means an entity that has executed a | 20 |
| contract with the Office of the Governor.
| 21 |
| "Key persons" means any persons who (i) have an ownership | 22 |
| or distributive income share in the contracting entity that is | 23 |
| in excess of 5%, or an amount greater than 60% of the annual | 24 |
| salary of the Governor; (ii) serve as executive officers of the | 25 |
| contracting entity; (iii) are employed by the contracting | 26 |
| entity who are required to register as lobbyists under the | 27 |
| Lobbyist Registration Act; (iv) are individuals or entities | 28 |
| with whom the contracting entity is contracting who are | 29 |
| required to register as lobbyists under the Lobbyist | 30 |
| Registration Act; and (v) are employed by the contracting | 31 |
| entity who are special government agents as defined in Section | 32 |
| 4A-101(l) of the Illinois Governmental Ethics Act.
| 33 |
| (b) Notice of the execution of contracts shall be posted on | 34 |
| the website of the Office of the Governor that includes a brief |
|
|
|
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|
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| description of the purpose of the contract and disclosure of | 2 |
| the names of the following: | 3 |
| (1) The contracting entity; | 4 |
| (2) Any entity that is a parent of, or owns a | 5 |
| controlling interest in, the contracting
entity; | 6 |
| (3) Any entity that is a subsidiary of, or owns a | 7 |
| controlling interest in, the contracting entity; | 8 |
| (4) Any State, local, or federal political committee | 9 |
| which makes or may make political contributions on behalf | 10 |
| of the contracting entity; and | 11 |
| (5) The contracting entity's key persons. | 12 |
| This notice shall be posted within 10 business days after the | 13 |
| earlier of (i) execution of the contract or (ii) whenever | 14 |
| services or goods begin to be provided under the contract and, | 15 |
| in any event, prior to any payment by the State under the | 16 |
| contract.
| 17 |
| (c) This Section applies to contracts executed on or after | 18 |
| the effective date of this amendatory Act of the 94th General | 19 |
| Assembly.
| 20 |
| Section 90-10. The Attorney General Act is amended by | 21 |
| adding Section 6.10 as follows: | 22 |
| (15 ILCS 205/6.10 new)
| 23 |
| Sec. 6.10. Attorney General's Contract Disclosure.
| 24 |
| (a) For purposes of this Section: | 25 |
| "Contract" means any contract or agreement for goods or | 26 |
| services executed by the Office of the Attorney General, with | 27 |
| an annual value of $50,000 or more, except, regardless of | 28 |
| amount, "contract" as used in this Section shall not include | 29 |
| the following: | 30 |
| (1) Contracts with State agencies or officers or other | 31 |
| political subdivisions; | 32 |
| (2) Hiring of an individual as an employee or |
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| independent contractor, whether pursuant to an employment | 2 |
| code or policy or by contract directly with that | 3 |
| individual; | 4 |
| (3) Collective bargaining contracts; | 5 |
| (4) Purchase of real estate; or | 6 |
| (5) Contracts necessary to prepare for anticipated | 7 |
| litigation, enforcement actions or investigations.
| 8 |
| "Contracting entity" means an entity that has executed a | 9 |
| contract with the Office of the Attorney General.
| 10 |
| "Key persons" means any persons who (i) have an ownership | 11 |
| or distributive income share in the contracting entity that is | 12 |
| in excess of 5%, or an amount greater than 60% of the annual | 13 |
| salary of the Governor; (ii) serve as executive officers of the | 14 |
| contracting entity; (iii) are employed by the contracting | 15 |
| entity who are required to register as lobbyists under the | 16 |
| Lobbyist Registration Act; (iv) are individuals or entities | 17 |
| with whom the contracting entity is contracting who are | 18 |
| required to register as lobbyists under the Lobbyist | 19 |
| Registration Act; and (v) are employed by the contracting | 20 |
| entity who are special government agents as defined in Section | 21 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 22 |
| (b) Notice of the execution of contracts shall be posted on | 23 |
| the website of the Office of the Attorney General that includes | 24 |
| a brief description of the purpose of the contract and | 25 |
| disclosure of the names of the following: | 26 |
| (1) The contracting entity; | 27 |
| (2) Any entity that is a parent of, or owns a | 28 |
| controlling interest in, the contracting
entity; | 29 |
| (3) Any entity that is a subsidiary of, or owns a | 30 |
| controlling interest in, the contracting entity; | 31 |
| (4) Any State, local, or federal political committee | 32 |
| which makes or may make political contributions on behalf | 33 |
| of the contracting entity; and | 34 |
| (5) The contracting entity's key persons. |
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| This notice shall be posted within 10 business days after the | 2 |
| earlier of (i) execution of the contract or (ii) whenever | 3 |
| services or goods begin to be provided under the contract and, | 4 |
| in any event, prior to any payment by the State under the | 5 |
| contract.
| 6 |
| (c) This Section applies to contracts executed on or after | 7 |
| the effective date of this amendatory Act of the 94th General | 8 |
| Assembly.
| 9 |
| Section 90-12. The Secretary of State Act is amended by | 10 |
| adding Section 30 as follows: | 11 |
| (15 ILCS 305/30 new)
| 12 |
| Sec. 30. Secretary of State's Contract Disclosure. | 13 |
| (a) For purposes of this Section: | 14 |
| "Contract" means any contract or agreement for goods or | 15 |
| services executed by the Office of the Secretary of State, with | 16 |
| an annual value of $50,000 or more, except, regardless of | 17 |
| amount, "contract" as used in this Section shall not include | 18 |
| the following: | 19 |
| (1) Contracts with State agencies or officers or other | 20 |
| political subdivisions; | 21 |
| (2) Hiring of an individual as an employee or | 22 |
| independent contractor, whether pursuant to an employment | 23 |
| code or policy or by contract directly with that | 24 |
| individual; | 25 |
| (3) Collective bargaining contracts; | 26 |
| (4) Purchase of real estate; or | 27 |
| (5) Contracts necessary to prepare for anticipated | 28 |
| litigation, enforcement actions, or investigations. | 29 |
| "Contracting entity" means an entity that has executed a | 30 |
| contract with the Office of the Secretary of State. | 31 |
| "Key persons" means any persons who (i) have an ownership | 32 |
| or distributive income share in the contracting entity that is |
|
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| in excess of 5%, or an amount greater than 60% of the annual | 2 |
| salary of the Governor; (ii) serve as executive officers of the | 3 |
| contracting entity; (iii) are employed by the contracting | 4 |
| entity who are required to register as lobbyists under the | 5 |
| Lobbyist Registration Act; (iv) are individuals or entities | 6 |
| with whom the contracting entity is contracting who are | 7 |
| required to register as lobbyists under the Lobbyist | 8 |
| Registration Act; and (v) are employed by the contracting | 9 |
| entity who are special government agents as defined in Section | 10 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 11 |
| (b) Notice of the execution of contracts shall be posted on | 12 |
| the website of the Office of the Secretary of State that | 13 |
| includes a brief description of the purpose of the contract and | 14 |
| disclosure of the names of the following: | 15 |
| (1) The contracting entity; | 16 |
| (2) Any entity that is a parent of, or owns a controlling | 17 |
| interest in, the contracting
entity; | 18 |
| (3) Any entity that is a subsidiary of, or owns a | 19 |
| controlling interest in, the contracting entity; | 20 |
| (4) Any State, local, or federal political committee that | 21 |
| makes or may make political contributions on behalf of the | 22 |
| contracting entity; and | 23 |
| (5) The contracting entity's key persons.
This notice shall | 24 |
| be posted within 10 business days after the earlier of (i) | 25 |
| execution of the contract or (ii) whenever services or goods | 26 |
| begin to be provided under the contract and, in any event, | 27 |
| prior to any payment by the State under the contract.
| 28 |
| (c) This Section applies to contracts executed on or after | 29 |
| the effective date of this amendatory Act of the 94th General | 30 |
| Assembly.
| 31 |
| Section 90-13. The State Comptroller Act is amended by | 32 |
| adding Section 40 as follows: |
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| (15 ILCS 405/40 new)
| 2 |
| Sec. 40. Comptroller's Contract Disclosure.
| 3 |
| (a) For purposes of this Section: | 4 |
| "Contract" means any contract or agreement for goods or | 5 |
| services executed by the Office of the Comptroller, with an | 6 |
| annual value of $50,000 or more, except, regardless of amount, | 7 |
| "contract" as used in this Section shall not include the | 8 |
| following: | 9 |
| (1) Contracts with State agencies or officers or other | 10 |
| political subdivisions; | 11 |
| (2) Hiring of an individual as an employee or | 12 |
| independent contractor, whether pursuant to an employment code | 13 |
| or policy or by contract directly with that individual; | 14 |
| (3) Collective bargaining contracts; | 15 |
| (4) Purchase of real estate; or | 16 |
| (5) Contracts necessary to prepare for anticipated | 17 |
| litigation, enforcement actions, or investigations. | 18 |
| "Contracting entity" means an entity that has executed a | 19 |
| contract with the Office of the Comptroller. | 20 |
| "Key persons" means any persons who (i) have an ownership | 21 |
| or distributive income share in the contracting entity that is | 22 |
| in excess of 5%, or an amount greater than 60% of the annual | 23 |
| salary of the Governor; (ii) serve as executive officers of the | 24 |
| contracting entity; (iii) are employed by the contracting | 25 |
| entity who are required to register as lobbyists under the | 26 |
| Lobbyist Registration Act; (iv) are individuals or entities | 27 |
| with whom the contracting entity is contracting who are | 28 |
| required to register as lobbyists under the Lobbyist | 29 |
| Registration Act; and (v) are employed by the contracting | 30 |
| entity who are special government agents as defined in Section | 31 |
| 4A-101(l) of the Illinois Governmental Ethics Act.
| 32 |
| (b) Notice of the execution of contracts shall be posted on | 33 |
| the website of the Office of the Comptroller that includes a | 34 |
| brief description of the purpose of the contract and disclosure |
|
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| of the names of the following: | 2 |
| (1) The contracting entity; | 3 |
| (2) Any entity that is a parent of, or owns a | 4 |
| controlling interest in, the contracting
entity; | 5 |
| (3) Any entity that is a subsidiary of, or owns a | 6 |
| controlling interest in, the contracting entity; | 7 |
| (4) Any State, local, or federal political committee | 8 |
| which makes or may make political contributions on behalf | 9 |
| of the contracting entity; and | 10 |
| (5) The contracting entity's key persons. | 11 |
| This notice shall be posted within 10 business days after the | 12 |
| earlier of (i) execution of the contract or (ii) whenever | 13 |
| services or goods begin to be provided under the contract and, | 14 |
| in any event, prior to any payment by the State under the | 15 |
| contract.
| 16 |
| (c) This Section applies to contracts executed on or after | 17 |
| the effective date of this amendatory Act of the 94th General | 18 |
| Assembly.
| 19 |
| Section 90-15. The State Treasurer Act is amended by adding | 20 |
| Section 25 as follows: | 21 |
| (15 ILCS 505/25 new)
| 22 |
| Sec. 25. Treasurer's Contract Disclosure.
| 23 |
| (a) For purposes of this Section: | 24 |
| "Contract" means any contract or agreement for goods or | 25 |
| services executed by the Office of the Treasurer, with an | 26 |
| annual value of $50,000 or more, except, regardless of amount, | 27 |
| "contract" as used in this Section shall not include the | 28 |
| following: | 29 |
| (1) Contracts with State agencies or officers or other | 30 |
| political subdivisions; | 31 |
| (2) Hiring of an individual as an employee or | 32 |
| independent contractor, whether pursuant to an employment code |
|
|
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| or policy or by contract directly with that individual; | 2 |
| (3) Collective bargaining contracts; | 3 |
| (4) Purchase of real estate; or | 4 |
| (5) Contracts necessary to prepare for anticipated | 5 |
| litigation, enforcement actions, or investigations. | 6 |
| "Contracting entity" means an entity that has executed a | 7 |
| contract with the Office of the Treasurer. | 8 |
| "Key persons" means any persons who (i) have an ownership | 9 |
| or distributive income share in the contracting entity that is | 10 |
| in excess of 5%, or an amount greater than 60% of the annual | 11 |
| salary of the Governor; (ii) serve as executive officers of the | 12 |
| contracting entity; (iii) are employed by the contracting | 13 |
| entity who are required to register as lobbyists under the | 14 |
| Lobbyist Registration Act; (iv) are individuals or entities | 15 |
| with whom the contracting entity is contracting who are | 16 |
| required to register as lobbyists under the Lobbyist | 17 |
| Registration Act; and (v) are employed by the contracting | 18 |
| entity who are special government agents as defined in Section | 19 |
| 4A-101(l) of the Illinois Governmental Ethics Act.
| 20 |
| (b) Notice of the execution of contracts shall be posted on | 21 |
| the website of the Office of the Treasurer that includes a | 22 |
| brief description of the purpose of the contract and disclosure | 23 |
| of the names of the following: | 24 |
| (1) The contracting entity; | 25 |
| (2) Any entity that is a parent of, or owns a | 26 |
| controlling interest in, the contracting
entity; | 27 |
| (3) Any entity that is a subsidiary of, or owns a | 28 |
| controlling interest in, the contracting entity; | 29 |
| (4) Any State, local, or federal political committee | 30 |
| which makes or may make political contributions on behalf | 31 |
| of the contracting entity; and | 32 |
| (5) The contracting entity's key persons. | 33 |
| This notice shall be posted within 10 business days after the | 34 |
| earlier of (i) execution of the contract or (ii) whenever |
|
|
|
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|
| 1 |
| services or goods begin to be provided under the contract and, | 2 |
| in any event, prior to any payment by the State under the | 3 |
| contract.
| 4 |
| (c) This Section applies to contracts executed on or after | 5 |
| the effective date of this amendatory Act of the 94th General | 6 |
| Assembly.
| 7 |
| Section 90-20. The Illinois State Auditing Act is amended | 8 |
| by adding Section 2-20 as follows: | 9 |
| (30 ILCS 5/2-20 new)
| 10 |
| Sec. 2-20. Auditor General's Contract Disclosure.
| 11 |
| (a) For purposes of this Section: | 12 |
| "Contract" means any contract or agreement for goods or | 13 |
| services executed by the Office of the Auditor General, with an | 14 |
| annual value of $50,000 or more, except, regardless of amount, | 15 |
| "contract" as used in this Section shall not include the | 16 |
| following: | 17 |
| (1) Contracts with State agencies or officers or other | 18 |
| political subdivisions; | 19 |
| (2) Hiring of an individual as an employee or | 20 |
| independent contractor, whether pursuant to an employment | 21 |
| code or policy or by contract directly with that | 22 |
| individual; | 23 |
| (3) Collective bargaining contracts; | 24 |
| (4) Purchase of real estate; or | 25 |
| (5) Contracts necessary to prepare for anticipated | 26 |
| litigation, enforcement actions, or investigations. | 27 |
| "Contracting entity" means an entity that has executed a | 28 |
| contract with the Office of the Auditor General. | 29 |
| "Key persons" means any persons who (i) have an ownership | 30 |
| or distributive income share in the contracting entity that is | 31 |
| in excess of 5%, or an amount greater than 60% of the annual | 32 |
| salary of the Governor; (ii) serve as executive officers of the |
|
|
|
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| 1 |
| contracting entity; (iii) are employed by the contracting | 2 |
| entity who are required to register as lobbyists under the | 3 |
| Lobbyist Registration Act; (iv) are individuals or entities | 4 |
| with whom the contracting entity is contracting who are | 5 |
| required to register as lobbyists under the Lobbyist | 6 |
| Registration Act; and (v) are employed by the contracting | 7 |
| entity who are special government agents as defined in Section | 8 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 9 |
| (b) Notice of the execution of contracts shall be posted on | 10 |
| the website of the Office of the Auditor General that includes | 11 |
| a brief description of the purpose of the contract and | 12 |
| disclosure of the names of the following: | 13 |
| (1) The contracting entity; | 14 |
| (2) Any entity that is a parent of, or owns a | 15 |
| controlling interest in, the contracting
entity; | 16 |
| (3) Any entity that is a subsidiary of, or owns a | 17 |
| controlling interest in, the contracting entity; | 18 |
| (4) Any State, local, or federal political committee | 19 |
| which makes or may make political contributions on behalf | 20 |
| of the contracting entity; and | 21 |
| (5) The contracting entity's key persons. | 22 |
| This notice shall be posted within 10 business days after the | 23 |
| earlier of (i) execution of the contract or (ii) whenever | 24 |
| services or goods begin to be provided under the contract and, | 25 |
| in any event, prior to any payment by the State under the | 26 |
| contract.
| 27 |
| (c) This Section applies to contracts executed on or after | 28 |
| the effective date of this amendatory Act of the 94th General | 29 |
| Assembly.
| 30 |
| Section 90-25. The Illinois Procurement Code is amended by | 31 |
| changing Sections 1-15.30, 15-25, 20-25, 20-30, 20-80, 50-20, | 32 |
| 50-30, and 50-60 and by adding Section 50-37 as follows:
|
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| 1 |
| (30 ILCS 500/1-15.30)
| 2 |
| Sec. 1-15.30. Contract. "Contract" means all types of
State | 3 |
| agreements, regardless
of what they may be called, for the | 4 |
| procurement, use, or disposal
of supplies, services,
| 5 |
| professional or artistic services, or construction or for | 6 |
| leases of real
property or
capital improvements,
and including | 7 |
| master contracts, contracts for financing through
use of | 8 |
| installment or
lease-purchase arrangements, renegotiated | 9 |
| contracts, amendments to contracts and change orders. The | 10 |
| changes to this Section made by this amendatory Act of the 94th | 11 |
| General Assembly apply to amendments executed on or after its | 12 |
| effective date.
| 13 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 14 |
| (30 ILCS 500/15-25)
| 15 |
| Sec. 15-25. Bulletin content.
| 16 |
| (a) Invitations for bids. Notice of each and every contract | 17 |
| that is
offered, including renegotiated contracts and change | 18 |
| orders,
shall be published in the Bulletin. The applicable | 19 |
| chief procurement officer
may provide by rule an organized | 20 |
| format for the publication of this
information, but in any case | 21 |
| it must include at least the date first offered,
the date | 22 |
| submission of offers is due, the location that offers are to be
| 23 |
| submitted to, the purchasing State agency, the responsible | 24 |
| State purchasing
officer, a brief purchase description, the | 25 |
| method of source selection, and
information of how to obtain a | 26 |
| comprehensive purchase description and any
disclosure and | 27 |
| contract forms.
| 28 |
| (b) Contracts let or awarded. Notice of each and every | 29 |
| contract that is let
or awarded, including renegotiated | 30 |
| contracts and change orders, shall be
published in the next | 31 |
| available subsequent Bulletin, and
the applicable chief | 32 |
| procurement officer may provide by rule an organized
format for | 33 |
| the publication
of
this information, but in any case it must |
|
|
|
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| 1 |
| include at least all of the
information specified in subsection | 2 |
| (a) as well as the name of the successful
responsible bidder or | 3 |
| offeror, the contract price, the number of unsuccessful
| 4 |
| responsive bidders, and any other disclosure specified in any | 5 |
| Section of this
Code. This notice shall include the disclosures | 6 |
| required under Section 50-37. In addition, the notice shall | 7 |
| summarize the outreach efforts undertaken by the agency to make | 8 |
| potential bidders or offerors aware of any contract offer other | 9 |
| than publication in the Bulletin. This notice must be posted in | 10 |
| the online electronic Bulletin within 10 business days after | 11 |
| the earlier of (i) execution of the contract or (ii) whenever | 12 |
| services or goods begin to be provided under the contract and, | 13 |
| in any event, prior to any payment by the State under the | 14 |
| contract.
| 15 |
| (c) Emergency purchase disclosure. Any chief procurement | 16 |
| officer, State
purchasing officer, or designee exercising | 17 |
| emergency purchase authority under
this Code shall publish a | 18 |
| written description and reasons and the total cost,
if known, | 19 |
| or an estimate if unknown and the name of the responsible chief
| 20 |
| procurement officer and State purchasing officer, and the | 21 |
| business or person
contracted with for all emergency purchases | 22 |
| in
the next timely, practicable Bulletin. This notice must be | 23 |
| posted in the online electronic Bulletin within 10 business | 24 |
| days after the earlier of (i) execution of the contract or (ii) | 25 |
| whenever services or goods begin to be provided under the | 26 |
| contract and, in any event, prior to any payment by the State | 27 |
| under the contract.
| 28 |
| (c-5) Each State agency shall post online on the | 29 |
| Procurement Bulletin a copy of its annual report of utilization | 30 |
| of businesses owned by minorities, females, and persons with | 31 |
| disabilities as submitted to the Business Enterprises Council | 32 |
| for Minorities, Females, and Persons with Disabilities | 33 |
| pursuant to Section 6(c) of the Business Enterprise for | 34 |
| Minorities, Females, and Persons with Disabilities Act within |
|
|
|
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| 1 |
| 10 business days of its submission of its report to the | 2 |
| Council.
| 3 |
| (d) Other required disclosure. The applicable chief | 4 |
| procurement officer
shall provide by rule for the organized | 5 |
| publication of all other disclosure
required in other Sections | 6 |
| of this Code in a timely manner.
| 7 |
| (e) The changes to this Section made by this amendatory Act | 8 |
| of the 94th General Assembly apply to reports submitted, offers | 9 |
| made, and notices on contracts executed on or after its | 10 |
| effective date.
| 11 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 12 |
| (30 ILCS 500/20-25)
| 13 |
| Sec. 20-25. Sole source procurements. In accordance with
| 14 |
| standards set by rule,
contracts may be awarded without use of | 15 |
| the specified
method of source selection when
there is only one | 16 |
| economically feasible source for the item. This Section may not | 17 |
| be used as a basis for amending a contract if the amendment | 18 |
| would result in an increase in the amount paid under the | 19 |
| contract of more than 5% of the initial award, or would extend | 20 |
| the contract term beyond the time reasonably needed for a | 21 |
| competitive procurement, not to exceed 2 months. At
least 2 | 22 |
| weeks before entering
into a sole source contract, the | 23 |
| purchasing agency shall publish
in the Illinois Procurement
| 24 |
| Bulletin a notice of intent to do so along with a description | 25 |
| of
the item to be procured and the
intended sole source | 26 |
| contractor. The changes to this Section made by this amendatory | 27 |
| Act of the 94th General Assembly apply to amendments executed | 28 |
| on or after its effective date.
| 29 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 30 |
| (30 ILCS 500/20-30)
| 31 |
| Sec. 20-30. Emergency purchases.
| 32 |
| (a) Conditions for use. In accordance with standards set by
|
|
|
|
09400HB2312ham001 |
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| rule, a purchasing
agency may make emergency procurements | 2 |
| without competitive sealed
bidding or prior notice
when there | 3 |
| exists a threat to public health or public safety, or
when | 4 |
| immediate expenditure is
necessary for repairs to State | 5 |
| property in order to protect
against further loss of or damage | 6 |
| to
State property, to prevent or minimize serious disruption in | 7 |
| critical State
services that affect health, safety, or | 8 |
| collections of substantial State revenue , or to ensure the
| 9 |
| integrity of State records ; provided, however, that the term of | 10 |
| the emergency purchase shall be limited to the time reasonably | 11 |
| needed for a competitive procurement, not to exceed 2 months . | 12 |
| Emergency procurements shall be made
with as much competition
| 13 |
| as is practicable under the circumstances.
A written
| 14 |
| description of the basis for the emergency and reasons for the
| 15 |
| selection of the particular
contractor shall be included in the | 16 |
| contract file.
| 17 |
| (b) Notice. Before the next appropriate volume of the | 18 |
| Illinois Procurement
Bulletin, the purchasing agency shall | 19 |
| publish in the
Illinois Procurement Bulletin a copy of each | 20 |
| written description
and reasons and the total cost
of each | 21 |
| emergency procurement made during the previous month.
When only | 22 |
| an estimate of the
total cost is known at the time of | 23 |
| publication, the estimate shall
be identified as an estimate | 24 |
| and
published. When the actual total cost is determined, it | 25 |
| shall
also be published in like manner
before the 10th day of | 26 |
| the next succeeding month.
| 27 |
| (c) Affidavits. A purchasing agency making a procurement
| 28 |
| under this Section shall file
affidavits with the chief | 29 |
| procurement officer and the Auditor General within
10 days
| 30 |
| after the procurement setting
forth the amount expended, the | 31 |
| name of the contractor involved,
and the conditions and
| 32 |
| circumstances requiring the emergency procurement. When only | 33 |
| an
estimate of the cost is
available within 10 days after the | 34 |
| procurement, the actual cost
shall be reported immediately
|
|
|
|
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| 1 |
| after it is determined. At the end of each fiscal quarter, the
| 2 |
| Auditor General shall file with the
Legislative Audit | 3 |
| Commission and the Governor a complete listing
of all emergency
| 4 |
| procurements reported during that fiscal quarter. The | 5 |
| Legislative
Audit Commission shall
review the emergency | 6 |
| procurements so reported and, in its annual
reports, advise the | 7 |
| General
Assembly of procurements that appear to constitute an | 8 |
| abuse of
this Section.
| 9 |
| (d) Quick purchases. The chief procurement officer may | 10 |
| promulgate rules
extending the circumstances by which a | 11 |
| purchasing agency may make purchases
under this Section, | 12 |
| including but not limited to the procurement of items
available | 13 |
| at a discount for a limited period of time.
| 14 |
| (e) The changes to this Section made by this Amendatory Act | 15 |
| of the 94th General Assembly apply to procurements executed on | 16 |
| or after its effective date.
| 17 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 18 |
| (30 ILCS 500/20-80)
| 19 |
| Sec. 20-80. Contract files.
| 20 |
| (a) Written determinations. All written determinations
| 21 |
| required under this Article shall
be placed in the contract | 22 |
| file maintained by the chief procurement officer.
| 23 |
| (b) Filing with Comptroller. Whenever a grant, defined | 24 |
| pursuant to
accounting standards established by the | 25 |
| Comptroller, or a contract
liability,
except for:
(1) contracts | 26 |
| paid
from personal services, or
(2) contracts between the State | 27 |
| and its
employees to defer
compensation in accordance with | 28 |
| Article 24 of the Illinois Pension Code,
exceeding $10,000 is | 29 |
| incurred by any
State agency, a copy of the contract, purchase | 30 |
| order, grant, or
lease or amendments thereto shall be filed | 31 |
| with the
Comptroller within 15 days of execution.
thereafter.
| 32 |
| Any cancellation or
modification to any such contract
liability | 33 |
| shall be filed with the Comptroller within 15 days of
its |
|
|
|
09400HB2312ham001 |
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|
| 1 |
| execution.
| 2 |
| (c) Late filing affidavit. When a contract, purchase order, | 3 |
| grant,
or lease or amendment thereto required to be
filed by | 4 |
| this Section has not been filed within 15
30 days of
execution, | 5 |
| notice shall be filed with the Comptroller within 15 days of | 6 |
| execution indicating that a contract or amendment thereto | 7 |
| described within the notice has been executed and will not be | 8 |
| filed within 15 days of execution, and the Comptroller shall | 9 |
| refuse
to issue a warrant for payment thereunder until the | 10 |
| agency files
with the Comptroller the
contract, purchase order, | 11 |
| grant, or lease or amendment thereto and an affidavit, signed | 12 |
| by the
chief executive officer of the
agency or his or her | 13 |
| designee, setting forth an explanation of why
the contract | 14 |
| liability was not
filed within 15
30 days of execution. A copy | 15 |
| of this affidavit shall
be filed with the Auditor
General.
| 16 |
| (d) Professional and artistic services contracts. No
| 17 |
| voucher shall be submitted to the
Comptroller for a warrant to | 18 |
| be drawn for the payment of money
from the State treasury or | 19 |
| from
other funds held by the State Treasurer on account of any | 20 |
| contract
for services involving
professional or artistic | 21 |
| skills involving an expenditure of more
than $5,000 for the | 22 |
| same type of
service at the same location during any fiscal | 23 |
| year unless the
contract is reduced to writing
before the | 24 |
| services are performed and filed with the Comptroller.
When a | 25 |
| contract for
professional or artistic skills in excess of | 26 |
| $5,000 was not
reduced to writing before the services
were | 27 |
| performed, the Comptroller shall refuse to issue a warrant
for | 28 |
| payment for the services
until the State agency files with the | 29 |
| Comptroller:
| 30 |
| (1) a written
contract covering the services, and
| 31 |
| (2) an affidavit, signed by the chief executive officer | 32 |
| of the
State agency or his or her designee,
stating that | 33 |
| the services for which payment is being made were
agreed to | 34 |
| before commencement
of the services and setting forth an |
|
|
|
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|
| 1 |
| explanation of why the
contract was not reduced to writing
| 2 |
| before the services commenced.
| 3 |
| A copy of this affidavit shall be
filed with the Auditor | 4 |
| General.
The Comptroller shall maintain professional or | 5 |
| artistic service
contracts filed under this Section
separately | 6 |
| from other filed contracts.
| 7 |
| (e) Method of source selection. When a contract or | 8 |
| amendment thereto is filed
with the Comptroller under this
| 9 |
| Section, the Comptroller's file shall identify the method of
| 10 |
| source selection used in obtaining the
contract.
| 11 |
| (f) Upon the request of the Comptroller, State agencies | 12 |
| shall supply all documents and information reasonably | 13 |
| requested by the Comptroller with respect to compliance with | 14 |
| this Code within 10 business days of the request.
| 15 |
| (g) The changes to this Section made by this amendatory Act | 16 |
| of the 94th General Assembly apply to contracts, purchase | 17 |
| orders, grants, or leases or amendments thereto executed on or | 18 |
| after its effective date.
| 19 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-904, eff. | 20 |
| 7-6-00.)
| 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 | 26 |
| of
Section 50-13 when, in his, her, or its judgment, the public | 27 |
| interest in
having
the
individual in the service of the State | 28 |
| outweighs the public policy evidenced in
that Section. An | 29 |
| exemption is effective only when it is filed with the
Secretary | 30 |
| of State and the Comptroller and includes a statement setting | 31 |
| forth
the name of the individual and all the pertinent facts | 32 |
| that would make that
Section applicable, setting forth the | 33 |
| reason for the exemption, and declaring
the individual exempted |
|
|
|
09400HB2312ham001 |
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|
| 1 |
| from that Section.
Exemptions must be filed with the Secretary | 2 |
| of State and Comptroller prior to execution of any contracts. A | 3 |
| copy of
Notice of each exemption shall be published in the | 4 |
| Illinois Procurement
Bulletin in its electronic form prior to | 5 |
| execution of the contract . The changes to this Section made by | 6 |
| this amendatory Act of the 94th General Assembly apply to | 7 |
| exemptions granted on or after its effective date.
| 8 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 9 |
| (30 ILCS 500/50-37 new) | 10 |
| Sec. 50-37. Contract award disclosure.
| 11 |
| (a) For purposes of this Section: | 12 |
| "Contracting entity" means an entity that would execute any | 13 |
| contract with a State agency. | 14 |
| "Key persons" means any persons who (i) have an ownership | 15 |
| or distributive income share in the contracting entity that is | 16 |
| in excess of 5%, or an amount greater than 60% of the annual | 17 |
| salary of the Governor; (ii) serve as executive officers of the | 18 |
| contracting entity; (iii) are employed by the contracting | 19 |
| entity who are required to register under the Lobbyist | 20 |
| Registration Act; (iv) are individuals or entities with whom | 21 |
| the contracting entity is contracting who are required to be | 22 |
| registered as lobbyists under the Lobbyist Registration Act; | 23 |
| and (v) are employed by the contracting entity who are special | 24 |
| government agents as defined in Section 4A-101(l) of the | 25 |
| Illinois Governmental Ethics Act. | 26 |
| (b) For contracts with an annual value of $50,000 or more | 27 |
| all offers from responsive bidders or offerors shall be | 28 |
| accompanied by disclosure of the names of the following: | 29 |
| (1) The contracting entity. | 30 |
| (2) Any entity that is a parent of, or owns a | 31 |
| controlling interest in, the contracting entity. | 32 |
| (3) Any entity that is a subsidiary of, or in which a | 33 |
| controlling interest is owned by the contracting entity. |
|
|
|
09400HB2312ham001 |
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|
| 1 |
| (4) Any State, local, or federal political committee | 2 |
| that makes or may make political contributions on behalf of | 3 |
| the contracting entity. | 4 |
| (5) The contracting entity's key persons. | 5 |
| (c) Notices of contracts let or awarded published in the | 6 |
| Procurement Bulletin pursuant to Section 15-25 shall include as | 7 |
| part of the notice posted online the names disclosed by the | 8 |
| winning bidder or offeror pursuant to subsection (b). | 9 |
| (d) The changes made to this Section made by this | 10 |
| amendatory Act of the 94th General Assembly apply to contracts | 11 |
| first offered on or after its effective date.
| 12 |
| (30 ILCS 500/50-60)
| 13 |
| Sec. 50-60. Voidable contracts.
| 14 |
| (a) If any contract or amendment thereto is entered into or | 15 |
| purchase
or expenditure of funds is made at any time in | 16 |
| violation of this Code or any other law,
the contract or | 17 |
| amendment thereto may be declared void by the Comptroller, with | 18 |
| the approval of the Treasurer, or the chief procurement officer | 19 |
| or may be
ratified and affirmed by the Comptroller, with the | 20 |
| approval of the Treasurer, or by the chief procurement officer ,
| 21 |
| provided the Comptroller, with the approval of the Treasurer, | 22 |
| or the chief procurement officer determines that ratification | 23 |
| is in the
best interests of the
State. If the contract is | 24 |
| ratified and affirmed, it shall be without prejudice
to the | 25 |
| State's rights to any appropriate damages.
| 26 |
| (b) If, during the term of a contract, the contracting | 27 |
| agency determines
that the contractor is delinquent in the | 28 |
| payment of debt as set forth in
Section 50-11 of this Code, the | 29 |
| State agency may declare the contract void if
it determines | 30 |
| that voiding the contract is in the best interests of the | 31 |
| State.
The Debt Collection Board shall adopt rules for the | 32 |
| implementation of this
subsection (b).
| 33 |
| (c) If, during the term of a contract, the contracting |
|
|
|
09400HB2312ham001 |
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|
| 1 |
| agency determines
that the contractor is in violation of | 2 |
| Section 50-10.5 of this Code, the
contracting
agency shall | 3 |
| declare the contract void.
| 4 |
| (d) The changes to this Section made by this amendatory Act | 5 |
| of the 94th General Assembly apply to actions taken by the | 6 |
| Comptroller and Treasurer on or after its effective date.
| 7 |
| (Source: P.A. 92-404, eff. 7-1-02; 93-600, eff. 1-1-04.)
| 8 |
| ARTICLE 99
| 9 |
| Section 99-5. Effective date. This Act takes effect upon | 10 |
| becoming law.".
|
|