Full Text of HB3574 101st General Assembly
HB3574 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3574 Introduced , by Rep. Keith R. Wheeler SYNOPSIS AS INTRODUCED: |
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Creates the Ethics in Public Contracting Act. Provides that whenever any State agency or chief procurement officer has taken an action to issue a suspension, debarment, or limit the ability of a business or person to enter into a public contract as otherwise provided by law, the public body or the chief procurement officer shall provide a report to the Executive Ethics Commission identifying specified items. Provides that whenever any unit of local government has taken an action to issue a suspension, debarment, or limit the ability of a business or person to enter into a public contract as otherwise provided by law, the unit of local government may provide a report to the Executive Ethics Commission identifying specified items. Provides that the Executive Ethics Commission, within 12 months after the effective date of the Act, shall establish and maintain a website, known as the Ethics in Public Contracting Portal, with information received from all State agencies and units of local government. Provides that a State agency or unit of local government may reciprocate another public body's suspension, debarment, or other limitation on the ability of a business or person to enter into a public contract. Provides that the Executive Ethics Commission shall adopt rules to carry out the intent of the Act, and to provide a review process for persons to petition for removal from the Ethics in Public Contracting Portal. Defines terms.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3574 | | LRB101 10048 RJF 55150 b |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Ethics | 5 | | in Public Contracting Act. | 6 | | Section 5. Purpose. The purpose of this Act is to promote | 7 | | inter-governmental cooperation in providing full and complete | 8 | | disclosure to the public of any entity against whom a public | 9 | | body has taken an action limiting the ability of that entity to | 10 | | enter into a public contract. | 11 | | Section 10. Definitions. As used in this Act: | 12 | | "Business" has the meaning provided under Section 1-15.10 | 13 | | of the Illinois Procurement Code. | 14 | | "Chief procurement officer" means an independent chief | 15 | | procurement officer as provided for under Section 10-20 of the | 16 | | Illinois Procurement Code.
| 17 | | "Person" has the meaning provided under Section 1-15.55 of | 18 | | the Illinois Procurement Code.
| 19 | | "State agency" has the meaning provided under Section | 20 | | 1-15.100 of the Illinois Procurement Code.
| 21 | | "Suspension" means a suspension as provided for under | 22 | | Section 50-65 of the Illinois Procurement Code.
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| 1 | | "Unit of Local Government" means the various counties, | 2 | | townships, cities, villages and incorporated towns, school | 3 | | districts, sanitary districts, courts, boards of education, | 4 | | park districts, housing authorities, public building | 5 | | commissions, or any other municipal corporation or | 6 | | governmental agencies of the State.
| 7 | | Section 15. State agency notification. Whenever any State | 8 | | agency or chief procurement officer has taken an action to | 9 | | issue a suspension, debarment, or limit the ability of a | 10 | | business or person to enter into a public contract as otherwise | 11 | | provided by law, the public body or the chief procurement | 12 | | officer shall provide a report to the Executive Ethics | 13 | | Commission identifying: (i) the public body or chief | 14 | | procurement officer submitting the report; (ii) the legal name | 15 | | and Secretary of State registration number of the business or | 16 | | person; and (iii) a summary of the action taken against the | 17 | | business or person, including the effective length of time of | 18 | | such action and the rationale for the action. | 19 | | Section 20. Unit of local government notification. | 20 | | Whenever any unit of local government has taken an action to | 21 | | issue a suspension, debarment, or limit the ability of a | 22 | | business or person to enter into a public contract as otherwise | 23 | | provided by law, the unit of local government may provide a | 24 | | report to the Executive Ethics Commission identifying: (i) the |
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| 1 | | unit of local government submitting the report; (ii) the legal | 2 | | name and Secretary of State registration number of the business | 3 | | or person; and (iii) a summary of the action taken against the | 4 | | business or person, including the effective length of time of | 5 | | such action and the rationale for the action. | 6 | | Section 25. Ethics in public contracting portal. The | 7 | | Executive Ethics Commission, within 12 months after the | 8 | | effective date of this Act, shall establish and maintain a | 9 | | website, known as the Ethics in Public Contracting Portal, with | 10 | | information received from all State agencies and units of local | 11 | | government as defined in this Act. | 12 | | Section 30. Public body reciprocity rights. A State agency | 13 | | or unit of local government may reciprocate another public | 14 | | body's suspension, debarment, or other limitation on the | 15 | | ability of a business or person to enter into a public | 16 | | contract. | 17 | | Section 35. Rules; petition for removal. The Executive | 18 | | Ethics Commission shall adopt rules to carry out the intent of | 19 | | this Act, and to provide a review process for persons to | 20 | | petition for removal from the Ethics in Public Contracting | 21 | | Portal.
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