Full Text of HB4217 100th General Assembly
HB4217ham001 100TH GENERAL ASSEMBLY | Rep. David Harris Filed: 4/10/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4217
| 2 | | AMENDMENT NO. ______. Amend House Bill 4217 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 15-25 and 50-13 as follows: | 6 | | (30 ILCS 500/15-25) | 7 | | Sec. 15-25. Bulletin content. | 8 | | (a) Invitations for bids. Notice of each and every contract | 9 | | that is
offered, including renegotiated contracts and change | 10 | | orders,
shall be published in the Bulletin. The applicable | 11 | | chief procurement officer
may provide by rule an organized | 12 | | format for the publication of this
information, but in any case | 13 | | it must include at least the date first offered,
the date | 14 | | submission of offers is due, the location that offers are to be
| 15 | | submitted to, the purchasing State agency, the responsible | 16 | | State purchasing
officer, a brief purchase description, the |
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| 1 | | method of source selection,
information of how to obtain a | 2 | | comprehensive purchase description and any
disclosure and | 3 | | contract forms, and encouragement to potential contractors to | 4 | | hire qualified veterans, as defined by Section 45-67 of this | 5 | | Code, and qualified Illinois minorities, women, persons with | 6 | | disabilities, and residents discharged from any Illinois adult | 7 | | correctional center. | 8 | | (a-5) All businesses listed on the Illinois Unified | 9 | | Certification Program Disadvantaged Business Enterprise | 10 | | Directory, the Business Enterprise Program of the Department of | 11 | | Central Management Services, and any small business database | 12 | | created pursuant to Section 45-45 of this Code shall be | 13 | | furnished written instructions and information on how to | 14 | | register for the Illinois Procurement Bulletin. This | 15 | | information shall be provided to each business within 30 | 16 | | calendar days after the business's notice of certification or | 17 | | qualification. | 18 | | (b) Contracts let. Notice of each and every contract that | 19 | | is let, including renegotiated contracts and change orders, | 20 | | shall be issued electronically to those bidders submitting | 21 | | responses to the solicitations, inclusive of the unsuccessful | 22 | | bidders, immediately upon contract let. Failure of any chief | 23 | | procurement officer to give such notice shall result in tolling | 24 | | the time for filing a bid protest up to 7 calendar days. | 25 | | For purposes of this subsection (b), "contracts let" means | 26 | | a construction agency's act of advertising an invitation for |
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| 1 | | bids for one or more construction projects. | 2 | | (b-5) Contracts awarded. Notice of each and every contract | 3 | | that is awarded, including renegotiated contracts and change | 4 | | orders, shall be issued electronically to the successful | 5 | | responsible bidder, offeror, or contractor and published in the | 6 | | Bulletin. The applicable chief procurement officer may provide | 7 | | by rule an organized format for the publication of this | 8 | | information, but in any case it must include at least all of | 9 | | the information specified in subsection (a) as well as the name | 10 | | of the successful responsible bidder, offeror, the contract | 11 | | price, the number of unsuccessful bidders or offerors and any | 12 | | other disclosure specified in any Section of this Code. This | 13 | | notice must be posted in the online electronic Bulletin prior | 14 | | to execution of the contract. | 15 | | For purposes of this subsection (b-5), "contract award" | 16 | | means the determination that a particular bidder or offeror has | 17 | | been selected from among other bidders or offerors to receive a | 18 | | contract, subject to the successful completion of final | 19 | | negotiations. "Contract award" is evidenced by the posting of a | 20 | | Notice of Award or a Notice of Intent to Award to the | 21 | | respective volume of the Illinois Procurement Bulletin. | 22 | | (c) Emergency purchase disclosure. Any chief procurement | 23 | | officer or State
purchasing officer exercising emergency | 24 | | purchase authority under
this Code shall publish a written | 25 | | description and reasons and the total cost,
if known, or an | 26 | | estimate if unknown and the name of the responsible chief
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| 1 | | procurement officer and State purchasing officer, and the | 2 | | business or person
contracted with for all emergency purchases | 3 | | in
the Bulletin. This notice must be posted in the online | 4 | | electronic Bulletin no later than 5 calendar days after the | 5 | | contract is awarded.
Notice of a hearing to extend an emergency | 6 | | contract must be posted in the online electronic Procurement | 7 | | Bulletin no later than 14 calendar days prior to the hearing. | 8 | | (c-5) Business Enterprise Program report. Each purchasing | 9 | | agency shall, with the assistance of the applicable chief | 10 | | procurement officer, post in the online electronic Bulletin a | 11 | | copy of its annual report of utilization of businesses owned by | 12 | | minorities, women, and persons with disabilities as submitted | 13 | | to the Business Enterprise Council for Minorities, Women, and | 14 | | Persons with Disabilities pursuant to Section 6(c) of the | 15 | | Business Enterprise for Minorities, Women, and Persons with | 16 | | Disabilities Act within 10 calendar days after its submission | 17 | | of its report to the Council.
| 18 | | (c-10) Renewals. Notice of each contract renewal shall be | 19 | | posted in the Bulletin within 14 calendar days of the | 20 | | determination to execute a renewal of the contract. The notice | 21 | | shall include at least all of the information required in | 22 | | subsection (a) or (b), as applicable.
| 23 | | (c-15) Sole source procurements. Before entering into a | 24 | | sole source contract, a chief procurement officer exercising | 25 | | sole source procurement authority under this Code shall publish | 26 | | a written description of intent to enter into a sole source |
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| 1 | | contract along with a description of the item to be procured | 2 | | and the intended sole source contractor. This notice must be | 3 | | posted in the online electronic Procurement Bulletin before a | 4 | | sole source contract is awarded and at least 14 calendar days | 5 | | before the hearing required by Section 20-25. | 6 | | (d) Other required disclosure. The applicable chief | 7 | | procurement officer
shall provide by rule for the organized | 8 | | publication of all other disclosure
required in other Sections | 9 | | of this Code in a timely manner , which shall include the | 10 | | publication of any conflict of interest identified under | 11 | | Section 50-13 or potential conflicts of interests identified | 12 | | under Section 50-35 . | 13 | | (e) The changes to subsections (b), (c), (c-5), (c-10), and | 14 | | (c-15) of this Section made by Public Act 96-795 this | 15 | | amendatory Act of the 96th General Assembly apply to reports | 16 | | submitted, offers made, and notices on contracts executed on or | 17 | | after July 1, 2010 (the its effective date of Public Act | 18 | | 96-795) .
| 19 | | (f) Each chief procurement officer shall, in consultation | 20 | | with the agencies under his or her jurisdiction, provide the | 21 | | Procurement Policy Board with the information and resources | 22 | | necessary, and in a manner, to effectuate the purpose of Public | 23 | | Act 96-1444 this amendatory Act of the 96th General Assembly . | 24 | | (Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17; | 25 | | revised 10-2-17.) |
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| 1 | | (30 ILCS 500/50-13)
| 2 | | Sec. 50-13. Conflicts of interest.
| 3 | | (a) Prohibition. It is unlawful for any person (1) holding | 4 | | an
elective office in this State,
(2) holding a seat in the | 5 | | General Assembly, (3) or appointed to or
employed in any of the | 6 | | offices or
agencies of State government and who receives | 7 | | compensation for such employment
in excess of 60% of the salary | 8 | | of the Governor of the State of Illinois, (4) serving as a | 9 | | member of any board, commission, or authority authorized or | 10 | | created by State law with the power to approve contracts under | 11 | | this Code, (5) or who
is an officer or employee of
the Capital | 12 | | Development
Board or the Illinois Toll Highway Authority, or | 13 | | (6) who is the spouse
or minor child of any such
person to have | 14 | | or acquire any contract, or any direct pecuniary
interest in | 15 | | any contract therein,
whether for stationery, printing, paper, | 16 | | or any services,
materials, or supplies, that will be
wholly or | 17 | | partially satisfied by the payment of funds appropriated
by the | 18 | | General Assembly of
the State of Illinois or in any contract of | 19 | | the Capital
Development Board or the Illinois Toll
Highway | 20 | | Authority.
| 21 | | (a-5) It is unlawful for any person or business to have or | 22 | | acquire any contract or direct pecuniary interest in any | 23 | | contract of any State agency, if the person or anyone made a | 24 | | disclosure as required under subsection (b) of Section 50-35 or | 25 | | the business makes donations to any charity where a member | 26 | | meeting the criteria specified under item (4) of subsection (a) |
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| 1 | | is a board member, officer, or employee of the charity. This | 2 | | subsection (a-5) does not apply when the member meeting the | 3 | | criteria specified under item (4) of subsection (a) recuses | 4 | | herself or himself from any decision regarding approval of the | 5 | | contract creating the conflict of interest. | 6 | | (b) Interests. It is unlawful for any firm, partnership,
| 7 | | association, or corporation, in
which any person listed in | 8 | | subsection (a) is entitled to receive (i) more than
7 1/2% of | 9 | | the total
distributable income or (ii) an amount in excess of | 10 | | the salary of the Governor,
to have or acquire any
such | 11 | | contract or direct pecuniary interest therein.
| 12 | | (c) Combined interests. It is unlawful for any firm, | 13 | | partnership,
association, or corporation, in which any person | 14 | | listed in subsection (a)
together with his or her spouse or | 15 | | minor children is entitled to receive (i)
more than 15%, in the | 16 | | aggregate, of the total distributable income or (ii) an
amount | 17 | | in excess of 2 times the salary of the Governor, to have or | 18 | | acquire any
such contract or direct pecuniary interest therein.
| 19 | | (c-5) Appointees and firms. In addition to any provisions | 20 | | of this Code,
the interests of certain
appointees and their | 21 | | firms are subject to Section 3A-35 of the Illinois
Governmental | 22 | | Ethics Act.
| 23 | | (d) Securities. Nothing in this Section invalidates the
| 24 | | provisions of any bond or other
security previously offered or | 25 | | to be offered for sale or sold by
or for the State of Illinois.
| 26 | | (e) Prior interests. This Section does not affect the
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| 1 | | validity of any contract made
between the State and an officer | 2 | | or employee of the State or
member of the General Assembly,
his | 3 | | or her spouse, minor child, or other immediate family member | 4 | | living in
his or her residence or any
combination of those | 5 | | persons
if that contract was in
existence before his or her | 6 | | election or employment as an officer,
member, or employee. The
| 7 | | contract is voidable, however, if it cannot be completed within | 8 | | 365 calendar
days after the officer, member,
or employee takes | 9 | | office or is employed.
| 10 | | (f) Exceptions.
| 11 | | (1) Public aid payments. This Section does not apply
to | 12 | | payments made for a
public aid recipient.
| 13 | | (2) Teaching. This Section does not apply to a
contract | 14 | | for personal services as
a teacher or school administrator | 15 | | between a member of the General
Assembly or his or her
| 16 | | spouse, or a State officer or employee or his or her | 17 | | spouse, and
any school district, public community college | 18 | | district, the University of
Illinois, Southern Illinois | 19 | | University, Illinois State University, Eastern
Illinois | 20 | | University, Northern Illinois University, Western Illinois | 21 | | University,
Chicago State University, Governor State | 22 | | University, or Northeastern Illinois
University.
| 23 | | (3) Ministerial duties. This Section does not apply to
| 24 | | a contract for personal
services of a wholly ministerial | 25 | | character, including but not
limited to services as a | 26 | | laborer, clerk,
typist, stenographer, page, bookkeeper, |
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| 1 | | receptionist, or telephone
switchboard operator, made
by a | 2 | | spouse or minor child of an elective or appointive State
| 3 | | officer or employee or of a member
of the General Assembly.
| 4 | | (4) Child and family services. This Section does not
| 5 | | apply to payments made
to a member of the General Assembly, | 6 | | a State officer or employee,
his or her spouse or minor
| 7 | | child acting as a foster parent, homemaker, advocate, or | 8 | | volunteer
for or in behalf of a child or
family served by | 9 | | the Department of Children and Family Services.
| 10 | | (5) Licensed professionals. Contracts with licensed | 11 | | professionals,
provided they are competitively bid or part | 12 | | of a reimbursement program for
specific, customary goods | 13 | | and services through the Department of Children and
Family | 14 | | Services, the Department of Human Services,
the Department | 15 | | of Healthcare and Family Services, the Department of Public | 16 | | Health, or
the Department on Aging.
| 17 | | (g) Penalty. A person convicted of a violation of this | 18 | | Section is guilty of
a business offense and shall be fined not | 19 | | less than $1,000 nor more than
$5,000.
| 20 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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