Full Text of SB1729 101st General Assembly
SB1729 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1729 Introduced 2/15/2019, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED: |
| 605 ILCS 10/16.1 | from Ch. 121, par. 100-16.1 |
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Amends the Toll Highway Act. Provides that, prior to finalizing a no-bid contract, the chairman and each director of the Toll Highway Authority shall disclose any family, relational, professional, or financial ties, including the degree of connection, to the contractor vying for the contract. Provides that the disclosure shall be released to the public and the Toll Highway Inspector General. Provides that, if the Toll Highway Inspector General determines that a conflict of interest exists, the individual with the conflict of interest shall recuse himself or herself from all discussions and voting upon the contract. Provides that the Authority shall adopt bylaws to define the degree of connection requiring disclosure and to enforce the provision.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Toll Highway Act is amended by changing | 5 | | Section 16.1 as follows:
| 6 | | (605 ILCS 10/16.1) (from Ch. 121, par. 100-16.1)
| 7 | | Sec. 16.1.
(A) All contracts for services or supplies | 8 | | required from
time to time by the Authority in the maintenance | 9 | | and operation of any
toll highway or part thereof under the | 10 | | provisions of this Act or all
direct contracts for supplies to | 11 | | be used in the construction of any toll
highway or part thereof | 12 | | to be awarded under this Section, rather than as
a part of a | 13 | | contract pursuant to Section 16 of this Act, when the amount
of | 14 | | any such supplies or services is in excess of a small purchase | 15 | | amount, as defined in Section 20-20 of the Illinois Procurement | 16 | | Code, shall
be let to the lowest responsible bidder or bidders, | 17 | | on open, competitive
bidding after public advertisement made at | 18 | | least 5 days prior to the
opening of bids, in the Illinois | 19 | | Procurement Bulletin, in such manner and on one or more | 20 | | occasions as may be prescribed
by the Authority, except that | 21 | | bidding shall not be required in the
following cases:
| 22 | | 1. Where the goods or services to be procured are | 23 | | economically
procurable from only one source, such as |
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| 1 | | contracts for telephone
service, electric energy and other | 2 | | public utility services, housekeeping
services, books, | 3 | | pamphlets and periodicals and specially designed
business | 4 | | equipment and software.
| 5 | | 2. Where the services required are for professional, | 6 | | technical or
artistic skills.
| 7 | | 3. Where the services required are for advertising, | 8 | | promotional and
public relations services.
| 9 | | 4. In emergencies, provided that an affidavit of the | 10 | | person or
persons authorizing the expenditure shall be | 11 | | filed with the Authority
and the Auditor General within 10 | 12 | | days after such authorization setting
forth the conditions | 13 | | and circumstances requiring the emergency purchase,
the | 14 | | amount expended and the name of the vendor or contractor | 15 | | involved;
if only an estimate is available, however, within | 16 | | the 10 days allowed
for filing the affidavit, the actual | 17 | | cost shall be reported immediately
after it is determined.
| 18 | | 5. In case of expenditures for personal services.
| 19 | | 6. Contracts for equipment and spare parts in support | 20 | | thereof for
the maintenance and operation of any toll | 21 | | highway, or any part thereof,
whenever, the Authority | 22 | | shall, by resolution, declare and find that a
particular | 23 | | make and type of equipment is required for efficient
| 24 | | maintenance and operation and proper servicing, for | 25 | | uniformity in and
integration with the spare parts program | 26 | | and inventory control, or for
other reasons peculiar to the |
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| 1 | | problems of the toll highway or its
previously acquired | 2 | | equipment; however, competition and competitive bids
shall | 3 | | be obtained by the Authority with respect to such specified
| 4 | | equipment or spare parts, insofar as possible, and when | 5 | | effective,
pursuant to public advertisement as | 6 | | hereinbefore provided.
| 7 | | 7. Contracts for insurance, fidelity and surety bonds.
| 8 | | 8. Contracts or agreements for the completion of a | 9 | | terminated or
defaulted contract or agreement.
| 10 | | (A.1) Prior to finalizing a no-bid contract as provided in | 11 | | subsection (A), the chairman and each director shall disclose | 12 | | any family, relational, professional, or financial ties, | 13 | | including the degree of connection, in relation to the | 14 | | contractor vying for the contract. These ties shall be released | 15 | | to the public and submitted to the Toll Highway Inspector | 16 | | General. The Toll Highway Inspector General shall have 5 | 17 | | business days to determine if a conflict of interest exists for | 18 | | the chairman or any of the directors. If the Toll Highway | 19 | | Inspector General determines a conflict of interest exists, the | 20 | | individual with the conflict of interest shall recuse himself | 21 | | or herself from all discussions and voting upon the contract. | 22 | | The Authority shall adopt bylaws to define the degree of | 23 | | connection requiring disclosure and to enforce this | 24 | | subsection. | 25 | | (B) The solicitation for bids shall be in conformance with | 26 | | accepted
business practices and the method of solicitation |
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| 1 | | shall be set out in
detail in the rules and regulations of the | 2 | | Authority.
| 3 | | (C) Proposals received pursuant to public advertisement | 4 | | shall be
publicly opened at the day and hour and at the place | 5 | | specified in the
solicitation for such bids.
| 6 | | (D) Successful bidders for such services and supplies shall | 7 | | enter
into contracts furnished and prescribed by the Authority.
| 8 | | (E) All purchases, contracts or other obligations or | 9 | | expenditures of
funds by the Authority shall be in accordance | 10 | | with rules and regulations
governing the Authority's | 11 | | procurement practice and procedures and the
Authority shall | 12 | | promulgate and publish such practices and procedures in
| 13 | | sufficient number for distribution to persons interested in | 14 | | bidding on
purchases or contracts to be let by the Authority. | 15 | | Such rules and
regulations shall be kept on file with the | 16 | | Secretary of the Authority at
all times and shall be available | 17 | | for inspection by members of the public
at all reasonable times | 18 | | and hours.
| 19 | | Such rules and regulations shall be filed and become | 20 | | effective in
connection with the Illinois Administrative | 21 | | Procedure Act.
| 22 | | (F) Any contract entered into for purchase or expenditure | 23 | | of funds
of the Authority made in violation of this Act or the | 24 | | rules and
regulations in pursuance thereof is void and of no | 25 | | effect.
| 26 | | (G) Warrant. All sellers to the Authority shall attach a |
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| 1 | | statement
to the delivery invoice attesting that the standards | 2 | | set forth in the
contracts have been met. The statement shall | 3 | | be substantially in the
following form:
| 4 | | "The Seller,.... hereby certifies that the goods, | 5 | | merchandise and
wares shipped in accordance with the attached | 6 | | delivery invoice have met
all the required standards set forth | 7 | | in the purchasing contract.
| 8 | | ....(Seller)."
| 9 | | (H) Whoever violates the provisions of this Section, or the | 10 | | rules
and regulations adopted in pursuance thereof, is guilty | 11 | | of a Class A
misdemeanor.
| 12 | | (Source: P.A. 96-592, eff. 8-18-09.)
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