Full Text of SB2004 94th General Assembly
SB2004 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2004
Introduced 2/25/2005, by Sen. Christine Radogno - Steven J. Rauschenberger - Peter J. Roskam - Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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New Act |
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15 ILCS 20/50-25 new |
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15 ILCS 205/6.10 new |
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15 ILCS 305/30 new |
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15 ILCS 405/40 new |
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15 ILCS 505/25 new |
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30 ILCS 5/2-20 new |
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30 ILCS 500/1-15.30 |
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30 ILCS 500/15-25 |
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30 ILCS 500/20-25 |
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30 ILCS 500/20-30 |
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30 ILCS 500/20-80 |
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30 ILCS 500/50-20 |
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30 ILCS 500/50-37 new |
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30 ILCS 500/50-60 |
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Amends the Illinois Procurement Code. Redefines "contract" to include amendments to contracts. Prohibits the use of the sole source method of procurement as the basis for amending contracts if the additions would result in extensions of cost or term beyond specified limits. Limits the terms of emergency procurements to the shorter of 2 months or the period reasonably needed for competitive sealed bidding. Redefines the State services that, if disrupted, would warrant emergency procurements. Requires State agencies to comply with the Comptroller's requests for documents and information concerning specific contracts. Authorizes the Comptroller, with the approval of the Treasurer, to void or ratify contracts (now, only the chief procurement officers). Requires that bids or offers worth $50,000 or more annually must be accompanied by a disclosure of the potential contract executing entity and various entities with financial relationships with, or to whom political contributions may be made by, the contracting entity. Requires publication of the disclosures of winning bidders or offerors in the Procurement Bulletin. Specifies deadlines for posting certain notices in the online Procurement Bulletin. Makes other changes. Creates the Legislative Contract Disclosure Act and the Lieutenant Governor Contract Disclosure Act and amends the State Budget Law, the Attorney General Act, the Secretary of State Act, the State Comptroller Act, the State Treasurer Act, and the Illinois State Auditing Act, to require similar disclosure with respect to contracts entered into by the offices of executive branch constitutional officers, the legislative branch, and the Auditor General. Effective immediately.
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A BILL FOR
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SB2004 |
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LRB094 11550 JAM 42528 b |
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| AN ACT concerning procurement.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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 | 24 |
| contract with the legislator, legislative office, or | 25 |
| legislative agency. | 26 |
| "Key persons" means any persons who (i) have an ownership | 27 |
| or distributive income share in the contracting entity that is | 28 |
| in excess of 5%, or an amount greater than 60% of the annual | 29 |
| salary of the Governor; (ii) serve as executive officers of the | 30 |
| contracting entity; (iii) are employed by the contracting | 31 |
| entity who are required to register as lobbyists under the |
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| Lobbyist Registration Act; (iv) are individuals or entities | 2 |
| with whom the contracting entity is contracting who are | 3 |
| required to register as lobbyists under the Lobbyist | 4 |
| Registration Act; and (v) are employed by the contracting | 5 |
| entity who are special government agents as defined in Section | 6 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 7 |
| Section 1-10. Notice. Notice of the execution of contracts | 8 |
| shall be posted on the website of the Illinois General Assembly | 9 |
| that includes a brief description of the purpose of the | 10 |
| contract and disclosure of the names of the following: | 11 |
| (1) The contracting entity; | 12 |
| (2) Any entity that is a parent of, or owns a | 13 |
| controlling interest in, the contracting
entity;
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| (3) Any entity that is a subsidiary of, or owns a | 15 |
| controlling interest in, the contracting entity; | 16 |
| (4) Any State, local, or federal political committee | 17 |
| that makes or may make political contributions on behalf of | 18 |
| the contracting entity; and | 19 |
| (5) The contracting entity's key persons. | 20 |
| This notice shall be posted within 10 business days after the | 21 |
| earlier of (i) execution of the contract or (ii) whenever | 22 |
| services or goods begin to be provided under the contract and, | 23 |
| in any event, prior to any payment by the State under the | 24 |
| contract. | 25 |
| Section 1-15. Application. This Article applies to | 26 |
| contracts executed on or after the effective date of this | 27 |
| amendatory Act of the 94th General Assembly. | 28 |
| ARTICLE 5 | 29 |
| Section 5-1. Short title. This Article may be cited as the | 30 |
| Lieutenant Governor's Contract Disclosure Act . | 31 |
| Section 5-5. Definitions. For purposes of this Article: |
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| "Contract" means any contract or agreement for goods or | 2 |
| services executed by the office of the Lieutenant Governor with | 3 |
| an annual value of $50,000 or more, except, regardless of | 4 |
| amount, "contract" as used in this Section shall not include | 5 |
| the following: | 6 |
| (1) Contracts with State agencies or officers or other | 7 |
| political subdivisions; | 8 |
| (2) Hiring of an individual as an employee or | 9 |
| independent contractor, whether pursuant to an employment | 10 |
| code or policy or by contract directly with that | 11 |
| individual; | 12 |
| (3) Collective bargaining contracts; | 13 |
| (4) Purchase of real estate; or | 14 |
| (5) Contracts necessary to prepare for anticipated | 15 |
| litigation, enforcement actions, or investigations. | 16 |
| "Contracting entity" means an entity that has executed a | 17 |
| contract with the Office of the Lieutenant Governor.
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| "Key persons" means any persons who (i) have an ownership | 19 |
| or distributive income share in the contracting entity that is | 20 |
| in excess of 5%, or an amount greater than 60% of the annual | 21 |
| salary of the Governor; (ii) serve as executive officers of the | 22 |
| contracting entity; (iii) are employed by the contracting | 23 |
| entity who are required to register as lobbyists under the | 24 |
| Lobbyist Registration Act; (iv) are individuals or entities | 25 |
| with whom the contracting entity is contracting who are | 26 |
| required to register as lobbyists under the Lobbyist | 27 |
| Registration Act; and (v) are employed by the contracting | 28 |
| entity who are special government agents as defined in Section | 29 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 30 |
| Section 5-10. Notice. Notice of the execution of contracts | 31 |
| shall be posted on the website of the Office of the Lieutenant | 32 |
| Governor that includes a brief description of the purpose of | 33 |
| the contract and disclosure of the names of the following: | 34 |
| (1) The contracting entity; | 35 |
| (2) Any entity that is a parent of, or owns a |
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| controlling interest in, the contracting
entity; | 2 |
| (3) Any entity that is a subsidiary of, or owns a | 3 |
| controlling interest in, the contracting entity; | 4 |
| (4) Any State, local, or federal political committee | 5 |
| that makes or may make political contributions on behalf of | 6 |
| the contracting entity; and | 7 |
| (5) The contracting entity's key persons.
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| This notice shall be posted within 10 business days after the | 9 |
| earlier of (i) execution of the contract or (ii) whenever | 10 |
| services or goods begin to be provided under the contract and, | 11 |
| in any event, prior to any payment by the State under the | 12 |
| contract. | 13 |
| Section 5-15. Application. This Article applies to | 14 |
| contracts executed on or after the effective date of this | 15 |
| amendatory Act of the 94th General Assembly. | 16 |
| ARTICLE 90 | 17 |
| Section 90-5. The State Budget Law is amended by adding | 18 |
| Section 50-25 as follows: | 19 |
| (15 ILCS 20/50-25 new)
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| Sec. 50-25. Governor's Contract Disclosure.
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| (a) For purposes of this Section:
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| "Contract" means any contract or agreement for goods or | 23 |
| services executed by the Office of the Governor, with an annual | 24 |
| value of $50,000 or more, except, regardless of amount, | 25 |
| "contract" as used in this Section shall not include the | 26 |
| following: | 27 |
| (1) Contracts with State agencies or officers or other | 28 |
| political subdivisions; | 29 |
| (2) Hiring of an individual as an employee or | 30 |
| independent contractor, whether pursuant to an employment | 31 |
| code or policy or by contract directly with that | 32 |
| individual; |
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| (3) Collective bargaining contracts; | 2 |
| (4) Purchase of real estate; or | 3 |
| (5) Contracts necessary to prepare for anticipated | 4 |
| litigation, enforcement actions, or investigations. | 5 |
| "Contracting entity" means an entity that has executed a | 6 |
| contract with the Office of the Governor.
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| "Key persons" means any persons who (i) have an ownership | 8 |
| or distributive income share in the contracting entity that is | 9 |
| in excess of 5%, or an amount greater than 60% of the annual | 10 |
| salary of the Governor; (ii) serve as executive officers of the | 11 |
| contracting entity; (iii) are employed by the contracting | 12 |
| entity who are required to register as lobbyists under the | 13 |
| Lobbyist Registration Act; (iv) are individuals or entities | 14 |
| with whom the contracting entity is contracting who are | 15 |
| required to register as lobbyists under the Lobbyist | 16 |
| Registration Act; and (v) are employed by the contracting | 17 |
| entity who are special government agents as defined in Section | 18 |
| 4A-101(l) of the Illinois Governmental Ethics Act.
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| (b) Notice of the execution of contracts shall be posted on | 20 |
| the website of the Office of the Governor that includes a brief | 21 |
| description of the purpose of the contract and disclosure of | 22 |
| the names of the following: | 23 |
| (1) The contracting entity; | 24 |
| (2) Any entity that is a parent of, or owns a | 25 |
| controlling interest in, the contracting
entity; | 26 |
| (3) Any entity that is a subsidiary of, or owns a | 27 |
| controlling interest in, the contracting entity; | 28 |
| (4) Any State, local, or federal political committee | 29 |
| which makes or may make political contributions on behalf | 30 |
| of the contracting entity; and | 31 |
| (5) The contracting entity's key persons. | 32 |
| This notice shall be posted within 10 business days after the | 33 |
| earlier of (i) execution of the contract or (ii) whenever | 34 |
| services or goods begin to be provided under the contract and, | 35 |
| in any event, prior to any payment by the State under the | 36 |
| contract.
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| (c) This Section applies to contracts executed on or after | 2 |
| the effective date of this amendatory Act of the 94th General | 3 |
| Assembly.
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| Section 90-10. The Attorney General Act is amended by | 5 |
| adding Section 6.10 as follows: | 6 |
| (15 ILCS 205/6.10 new)
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| Sec. 6.10. Attorney General's Contract Disclosure.
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| (a) For purposes of this Section: | 9 |
| "Contract" means any contract or agreement for goods or | 10 |
| services executed by the Office of the Attorney General, with | 11 |
| an annual value of $50,000 or more, except, regardless of | 12 |
| amount, "contract" as used in this Section shall not include | 13 |
| the following: | 14 |
| (1) Contracts with State agencies or officers or other | 15 |
| political subdivisions; | 16 |
| (2) Hiring of an individual as an employee or | 17 |
| independent contractor, whether pursuant to an employment | 18 |
| code or policy or by contract directly with that | 19 |
| individual; | 20 |
| (3) Collective bargaining contracts; | 21 |
| (4) Purchase of real estate; or | 22 |
| (5) Contracts necessary to prepare for anticipated | 23 |
| litigation, enforcement actions or investigations.
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| "Contracting entity" means an entity that has executed a | 25 |
| contract with the Office of the Attorney General.
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| "Key persons" means any persons who (i) have an ownership | 27 |
| or distributive income share in the contracting entity that is | 28 |
| in excess of 5%, or an amount greater than 60% of the annual | 29 |
| salary of the Governor; (ii) serve as executive officers of the | 30 |
| contracting entity; (iii) are employed by the contracting | 31 |
| entity who are required to register as lobbyists under the | 32 |
| Lobbyist Registration Act; (iv) are individuals or entities | 33 |
| with whom the contracting entity is contracting who are | 34 |
| required to register as lobbyists under the Lobbyist |
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LRB094 11550 JAM 42528 b |
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| Registration Act; and (v) are employed by the contracting | 2 |
| entity who are special government agents as defined in Section | 3 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 4 |
| (b) Notice of the execution of contracts shall be posted on | 5 |
| the website of the Office of the Attorney General that includes | 6 |
| a brief description of the purpose of the contract and | 7 |
| disclosure of the names of the following: | 8 |
| (1) The contracting entity; | 9 |
| (2) Any entity that is a parent of, or owns a | 10 |
| controlling interest in, the contracting
entity; | 11 |
| (3) Any entity that is a subsidiary of, or owns a | 12 |
| controlling interest in, the contracting entity; | 13 |
| (4) Any State, local, or federal political committee | 14 |
| which makes or may make political contributions on behalf | 15 |
| of the contracting entity; and | 16 |
| (5) The contracting entity's key persons. | 17 |
| This notice shall be posted within 10 business days after the | 18 |
| earlier of (i) execution of the contract or (ii) whenever | 19 |
| services or goods begin to be provided under the contract and, | 20 |
| in any event, prior to any payment by the State under the | 21 |
| contract.
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| (c) This Section applies to contracts executed on or after | 23 |
| the effective date of this amendatory Act of the 94th General | 24 |
| Assembly.
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| Section 90-12. The Secretary of State Act is amended by | 26 |
| adding Section 30 as follows: | 27 |
| (15 ILCS 305/30 new)
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| Sec. 30. Secretary of State's Contract Disclosure. | 29 |
| (a) For purposes of this Section: | 30 |
| "Contract" means any contract or agreement for goods or | 31 |
| services executed by the Office of the Secretary of State, with | 32 |
| an annual value of $50,000 or more, except, regardless of | 33 |
| amount, "contract" as used in this Section shall not include | 34 |
| the following: |
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| (1) Contracts with State agencies or officers or other | 2 |
| political subdivisions; | 3 |
| (2) Hiring of an individual as an employee or | 4 |
| independent contractor, whether pursuant to an employment | 5 |
| code or policy or by contract directly with that | 6 |
| individual; | 7 |
| (3) Collective bargaining contracts; | 8 |
| (4) Purchase of real estate; or | 9 |
| (5) Contracts necessary to prepare for anticipated | 10 |
| litigation, enforcement actions, or investigations. | 11 |
| "Contracting entity" means an entity that has executed a | 12 |
| contract with the Office of the Secretary of State. | 13 |
| "Key persons" means any persons who (i) have an ownership | 14 |
| or distributive income share in the contracting entity that is | 15 |
| in excess of 5%, or an amount greater than 60% of the annual | 16 |
| salary of the Governor; (ii) serve as executive officers of the | 17 |
| contracting entity; (iii) are employed by the contracting | 18 |
| entity who are required to register as lobbyists under the | 19 |
| Lobbyist Registration Act; (iv) are individuals or entities | 20 |
| with whom the contracting entity is contracting who are | 21 |
| required to register as lobbyists under the Lobbyist | 22 |
| Registration Act; and (v) are employed by the contracting | 23 |
| entity who are special government agents as defined in Section | 24 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 25 |
| (b) Notice of the execution of contracts shall be posted on | 26 |
| the website of the Office of the Secretary of State that | 27 |
| includes a brief description of the purpose of the contract and | 28 |
| disclosure of the names of the following: | 29 |
| (1) The contracting entity; | 30 |
| (2) Any entity that is a parent of, or owns a controlling | 31 |
| interest in, the contracting
entity; | 32 |
| (3) Any entity that is a subsidiary of, or owns a | 33 |
| controlling interest in, the contracting entity; | 34 |
| (4) Any State, local, or federal political committee that | 35 |
| makes or may make political contributions on behalf of the | 36 |
| contracting entity; and |
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| (5) The contracting entity's key persons.
This notice shall | 2 |
| be posted within 10 business days after the earlier of (i) | 3 |
| execution of the contract or (ii) whenever services or goods | 4 |
| begin to be provided under the contract and, in any event, | 5 |
| prior to any payment by the State under the contract.
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| (c) This Section applies to contracts executed on or after | 7 |
| the effective date of this amendatory Act of the 94th General | 8 |
| Assembly.
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| Section 90-13. The State Comptroller Act is amended by | 10 |
| adding Section 40 as follows: | 11 |
| (15 ILCS 405/40 new)
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| Sec. 40. Comptroller's Contract Disclosure.
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| (a) For purposes of this Section: | 14 |
| "Contract" means any contract or agreement for goods or | 15 |
| services executed by the Office of the Comptroller, with an | 16 |
| annual value of $50,000 or more, except, regardless of amount, | 17 |
| "contract" as used in this Section shall not include the | 18 |
| 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 code | 23 |
| or policy or by contract directly with that individual; | 24 |
| (3) Collective bargaining contracts; | 25 |
| (4) Purchase of real estate; or | 26 |
| (5) Contracts necessary to prepare for anticipated | 27 |
| litigation, enforcement actions, or investigations. | 28 |
| "Contracting entity" means an entity that has executed a | 29 |
| contract with the Office of the Comptroller. | 30 |
| "Key persons" means any persons who (i) have an ownership | 31 |
| or distributive income share in the contracting entity that is | 32 |
| in excess of 5%, or an amount greater than 60% of the annual | 33 |
| salary of the Governor; (ii) serve as executive officers of the | 34 |
| contracting entity; (iii) are employed by the contracting |
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| entity who are required to register as lobbyists under the | 2 |
| Lobbyist Registration Act; (iv) are individuals or entities | 3 |
| with whom the contracting entity is contracting who are | 4 |
| required to register as lobbyists under the Lobbyist | 5 |
| Registration Act; and (v) are employed by the contracting | 6 |
| entity who are special government agents as defined in Section | 7 |
| 4A-101(l) of the Illinois Governmental Ethics Act.
| 8 |
| (b) Notice of the execution of contracts shall be posted on | 9 |
| the website of the Office of the Comptroller that includes a | 10 |
| brief description of the purpose of the contract and disclosure | 11 |
| of the names of the following: | 12 |
| (1) The contracting entity; | 13 |
| (2) Any entity that is a parent of, or owns a | 14 |
| controlling interest in, the contracting
entity; | 15 |
| (3) Any entity that is a subsidiary of, or owns a | 16 |
| controlling interest in, the contracting entity; | 17 |
| (4) Any State, local, or federal political committee | 18 |
| which makes or may make political contributions on behalf | 19 |
| of the contracting entity; and | 20 |
| (5) The contracting entity's key persons. | 21 |
| This notice shall be posted within 10 business days after the | 22 |
| earlier of (i) execution of the contract or (ii) whenever | 23 |
| services or goods begin to be provided under the contract and, | 24 |
| in any event, prior to any payment by the State under the | 25 |
| contract.
| 26 |
| (c) This Section applies to contracts executed on or after | 27 |
| the effective date of this amendatory Act of the 94th General | 28 |
| Assembly.
| 29 |
| Section 90-15. The State Treasurer Act is amended by adding | 30 |
| Section 25 as follows: | 31 |
| (15 ILCS 505/25 new)
| 32 |
| Sec. 25. Treasurer's Contract Disclosure.
| 33 |
| (a) For purposes of this Section: | 34 |
| "Contract" means any contract or agreement for goods or |
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| services executed by the Office of the Treasurer, with an | 2 |
| annual value of $50,000 or more, except, regardless of amount, | 3 |
| "contract" as used in this Section shall not include the | 4 |
| following: | 5 |
| (1) Contracts with State agencies or officers or other | 6 |
| political subdivisions; | 7 |
| (2) Hiring of an individual as an employee or | 8 |
| independent contractor, whether pursuant to an employment code | 9 |
| or policy or by contract directly with that individual; | 10 |
| (3) Collective bargaining contracts; | 11 |
| (4) Purchase of real estate; or | 12 |
| (5) Contracts necessary to prepare for anticipated | 13 |
| litigation, enforcement actions, or investigations. | 14 |
| "Contracting entity" means an entity that has executed a | 15 |
| contract with the Office of the Treasurer. | 16 |
| "Key persons" means any persons who (i) have an ownership | 17 |
| or distributive income share in the contracting entity that is | 18 |
| in excess of 5%, or an amount greater than 60% of the annual | 19 |
| salary of the Governor; (ii) serve as executive officers of the | 20 |
| contracting entity; (iii) are employed by the contracting | 21 |
| entity who are required to register as lobbyists under the | 22 |
| Lobbyist Registration Act; (iv) are individuals or entities | 23 |
| with whom the contracting entity is contracting who are | 24 |
| required to register as lobbyists under the Lobbyist | 25 |
| Registration Act; and (v) are employed by the contracting | 26 |
| entity who are special government agents as defined in Section | 27 |
| 4A-101(l) of the Illinois Governmental Ethics Act.
| 28 |
| (b) Notice of the execution of contracts shall be posted on | 29 |
| the website of the Office of the Treasurer that includes a | 30 |
| brief description of the purpose of the contract and disclosure | 31 |
| of the names of the following: | 32 |
| (1) The contracting entity; | 33 |
| (2) Any entity that is a parent of, or owns a | 34 |
| controlling interest in, the contracting
entity; | 35 |
| (3) Any entity that is a subsidiary of, or owns a | 36 |
| controlling interest in, the contracting entity; |
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| (4) Any State, local, or federal political committee | 2 |
| which makes or may make political contributions on behalf | 3 |
| of the contracting entity; and | 4 |
| (5) The contracting entity's key persons. | 5 |
| This notice shall be posted within 10 business days after the | 6 |
| earlier of (i) execution of the contract or (ii) whenever | 7 |
| services or goods begin to be provided under the contract and, | 8 |
| in any event, prior to any payment by the State under the | 9 |
| contract.
| 10 |
| (c) This Section applies to contracts executed on or after | 11 |
| the effective date of this amendatory Act of the 94th General | 12 |
| Assembly.
| 13 |
| Section 90-20. The Illinois State Auditing Act is amended | 14 |
| by adding Section 2-20 as follows: | 15 |
| (30 ILCS 5/2-20 new)
| 16 |
| Sec. 2-20. Auditor General's Contract Disclosure.
| 17 |
| (a) For purposes of this Section: | 18 |
| "Contract" means any contract or agreement for goods or | 19 |
| services executed by the Office of the Auditor General, with an | 20 |
| annual value of $50,000 or more, except, regardless of amount, | 21 |
| "contract" as used in this Section shall not include the | 22 |
| following: | 23 |
| (1) Contracts with State agencies or officers or other | 24 |
| political subdivisions; | 25 |
| (2) Hiring of an individual as an employee or | 26 |
| independent contractor, whether pursuant to an employment | 27 |
| code or policy or by contract directly with that | 28 |
| individual; | 29 |
| (3) Collective bargaining contracts; | 30 |
| (4) Purchase of real estate; or | 31 |
| (5) Contracts necessary to prepare for anticipated | 32 |
| litigation, enforcement actions, or investigations. | 33 |
| "Contracting entity" means an entity that has executed a | 34 |
| contract with the Office of the Auditor General. |
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| "Key persons" means any persons who (i) have an ownership | 2 |
| or distributive income share in the contracting entity that is | 3 |
| in excess of 5%, or an amount greater than 60% of the annual | 4 |
| salary of the Governor; (ii) serve as executive officers of the | 5 |
| contracting entity; (iii) are employed by the contracting | 6 |
| entity who are required to register as lobbyists under the | 7 |
| Lobbyist Registration Act; (iv) are individuals or entities | 8 |
| with whom the contracting entity is contracting who are | 9 |
| required to register as lobbyists under the Lobbyist | 10 |
| Registration Act; and (v) are employed by the contracting | 11 |
| entity who are special government agents as defined in Section | 12 |
| 4A-101(l) of the Illinois Governmental Ethics Act. | 13 |
| (b) Notice of the execution of contracts shall be posted on | 14 |
| the website of the Office of the Auditor General that includes | 15 |
| a brief description of the purpose of the contract and | 16 |
| disclosure of the names of the following: | 17 |
| (1) The contracting entity; | 18 |
| (2) Any entity that is a parent of, or owns a | 19 |
| controlling interest in, the contracting
entity; | 20 |
| (3) Any entity that is a subsidiary of, or owns a | 21 |
| controlling interest in, the contracting entity; | 22 |
| (4) Any State, local, or federal political committee | 23 |
| which makes or may make political contributions on behalf | 24 |
| of the contracting entity; and | 25 |
| (5) The contracting entity's key persons. | 26 |
| This notice shall be posted within 10 business days after the | 27 |
| earlier of (i) execution of the contract or (ii) whenever | 28 |
| services or goods begin to be provided under the contract and, | 29 |
| in any event, prior to any payment by the State under the | 30 |
| contract.
| 31 |
| (c) This Section applies to contracts executed on or after | 32 |
| the effective date of this amendatory Act of the 94th General | 33 |
| Assembly.
| 34 |
| Section 90-25. The Illinois Procurement Code is amended by | 35 |
| changing Sections 1-15.30, 15-25, 20-25, 20-30, 20-80, 50-20, |
|
|
|
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| 1 |
| 50-30, and 50-60 and by adding Section 50-37 as follows:
| 2 |
| (30 ILCS 500/1-15.30)
| 3 |
| Sec. 1-15.30. Contract. "Contract" means all types of
State | 4 |
| agreements, regardless
of what they may be called, for the | 5 |
| procurement, use, or disposal
of supplies, services,
| 6 |
| professional or artistic services, or construction or for | 7 |
| leases of real
property or
capital improvements,
and including | 8 |
| master contracts, contracts for financing through
use of | 9 |
| installment or
lease-purchase arrangements, renegotiated | 10 |
| contracts, amendments to contracts and change orders. The | 11 |
| changes to this Section made by this amendatory Act of the 94th | 12 |
| General Assembly apply to amendments executed on or after its | 13 |
| effective date.
| 14 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 15 |
| (30 ILCS 500/15-25)
| 16 |
| Sec. 15-25. Bulletin content.
| 17 |
| (a) Invitations for bids. Notice of each and every contract | 18 |
| that is
offered, including renegotiated contracts and change | 19 |
| orders,
shall be published in the Bulletin. The applicable | 20 |
| chief procurement officer
may provide by rule an organized | 21 |
| format for the publication of this
information, but in any case | 22 |
| it must include at least the date first offered,
the date | 23 |
| submission of offers is due, the location that offers are to be
| 24 |
| submitted to, the purchasing State agency, the responsible | 25 |
| State purchasing
officer, a brief purchase description, the | 26 |
| method of source selection, and
information of how to obtain a | 27 |
| comprehensive purchase description and any
disclosure and | 28 |
| contract forms.
| 29 |
| (b) Contracts let or awarded. Notice of each and every | 30 |
| contract that is let
or awarded, including renegotiated | 31 |
| contracts and change orders, shall be
published in the next | 32 |
| available subsequent Bulletin, and
the applicable chief | 33 |
| procurement officer may provide by rule an organized
format for | 34 |
| the publication
of
this information, but in any case it must |
|
|
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LRB094 11550 JAM 42528 b |
|
| 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 | 35 |
| 10 business days of its submission of its report to the | 36 |
| Council.
|
|
|
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SB2004 |
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LRB094 11550 JAM 42528 b |
|
| 1 |
| (d) Other required disclosure. The applicable chief | 2 |
| procurement officer
shall provide by rule for the organized | 3 |
| publication of all other disclosure
required in other Sections | 4 |
| of this Code in a timely manner.
| 5 |
| (e) The changes to this Section made by this amendatory Act | 6 |
| of the 94th General Assembly apply to reports submitted, offers | 7 |
| made, and notices on contracts executed on or after its | 8 |
| effective date.
| 9 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 10 |
| (30 ILCS 500/20-25)
| 11 |
| Sec. 20-25. Sole source procurements. In accordance with
| 12 |
| standards set by rule,
contracts may be awarded without use of | 13 |
| the specified
method of source selection when
there is only one | 14 |
| economically feasible source for the item. This Section may not | 15 |
| be used as a basis for amending a contract if the amendment | 16 |
| would result in an increase in the amount paid under the | 17 |
| contract of more than 5% of the initial award, or would extend | 18 |
| the contract term beyond the time reasonably needed for a | 19 |
| competitive procurement, not to exceed 2 months. At
least 2 | 20 |
| weeks before entering
into a sole source contract, the | 21 |
| purchasing agency shall publish
in the Illinois Procurement
| 22 |
| Bulletin a notice of intent to do so along with a description | 23 |
| of
the item to be procured and the
intended sole source | 24 |
| contractor. The changes to this Section made by this amendatory | 25 |
| Act of the 94th General Assembly apply to amendments executed | 26 |
| on or after its effective date.
| 27 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 28 |
| (30 ILCS 500/20-30)
| 29 |
| Sec. 20-30. Emergency purchases.
| 30 |
| (a) Conditions for use. In accordance with standards set by
| 31 |
| rule, a purchasing
agency may make emergency procurements | 32 |
| without competitive sealed
bidding or prior notice
when there | 33 |
| exists a threat to public health or public safety, or
when | 34 |
| immediate expenditure is
necessary for repairs to State |
|
|
|
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LRB094 11550 JAM 42528 b |
|
| 1 |
| property in order to protect
against further loss of or damage | 2 |
| to
State property, to prevent or minimize serious disruption in | 3 |
| critical State
services that affect health, safety, or | 4 |
| collections of substantial State revenue , or to ensure the
| 5 |
| integrity of State records ; provided, however, that the term of | 6 |
| the emergency purchase shall be limited to the time reasonably | 7 |
| needed for a competitive procurement, not to exceed 2 months . | 8 |
| Emergency procurements shall be made
with as much competition
| 9 |
| as is practicable under the circumstances.
A written
| 10 |
| description of the basis for the emergency and reasons for the
| 11 |
| selection of the particular
contractor shall be included in the | 12 |
| contract file.
| 13 |
| (b) Notice. Before the next appropriate volume of the | 14 |
| Illinois Procurement
Bulletin, the purchasing agency shall | 15 |
| publish in the
Illinois Procurement Bulletin a copy of each | 16 |
| written description
and reasons and the total cost
of each | 17 |
| emergency procurement made during the previous month.
When only | 18 |
| an estimate of the
total cost is known at the time of | 19 |
| publication, the estimate shall
be identified as an estimate | 20 |
| and
published. When the actual total cost is determined, it | 21 |
| shall
also be published in like manner
before the 10th day of | 22 |
| the next succeeding month.
| 23 |
| (c) Affidavits. A purchasing agency making a procurement
| 24 |
| under this Section shall file
affidavits with the chief | 25 |
| procurement officer and the Auditor General within
10 days
| 26 |
| after the procurement setting
forth the amount expended, the | 27 |
| name of the contractor involved,
and the conditions and
| 28 |
| circumstances requiring the emergency procurement. When only | 29 |
| an
estimate of the cost is
available within 10 days after the | 30 |
| procurement, the actual cost
shall be reported immediately
| 31 |
| after it is determined. At the end of each fiscal quarter, the
| 32 |
| Auditor General shall file with the
Legislative Audit | 33 |
| Commission and the Governor a complete listing
of all emergency
| 34 |
| procurements reported during that fiscal quarter. The | 35 |
| Legislative
Audit Commission shall
review the emergency | 36 |
| procurements so reported and, in its annual
reports, advise the |
|
|
|
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LRB094 11550 JAM 42528 b |
|
| 1 |
| General
Assembly of procurements that appear to constitute an | 2 |
| abuse of
this Section.
| 3 |
| (d) Quick purchases. The chief procurement officer may | 4 |
| promulgate rules
extending the circumstances by which a | 5 |
| purchasing agency may make purchases
under this Section, | 6 |
| including but not limited to the procurement of items
available | 7 |
| at a discount for a limited period of time.
| 8 |
| (e) The changes to this Section made by this Amendatory Act | 9 |
| of the 94th General Assembly apply to procurements executed on | 10 |
| or after its effective date.
| 11 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 12 |
| (30 ILCS 500/20-80)
| 13 |
| Sec. 20-80. Contract files.
| 14 |
| (a) Written determinations. All written determinations
| 15 |
| required under this Article shall
be placed in the contract | 16 |
| file maintained by the chief procurement officer.
| 17 |
| (b) Filing with Comptroller. Whenever a grant, defined | 18 |
| pursuant to
accounting standards established by the | 19 |
| Comptroller, or a contract
liability,
except for:
(1) contracts | 20 |
| paid
from personal services, or
(2) contracts between the State | 21 |
| and its
employees to defer
compensation in accordance with | 22 |
| Article 24 of the Illinois Pension Code,
exceeding $10,000 is | 23 |
| incurred by any
State agency, a copy of the contract, purchase | 24 |
| order, grant, or
lease or amendments thereto shall be filed | 25 |
| with the
Comptroller within 15 days of execution.
thereafter.
| 26 |
| Any cancellation or
modification to any such contract
liability | 27 |
| shall be filed with the Comptroller within 15 days of
its | 28 |
| execution.
| 29 |
| (c) Late filing affidavit. When a contract, purchase order, | 30 |
| grant,
or lease or amendment thereto required to be
filed by | 31 |
| this Section has not been filed within 15
30 days of
execution, | 32 |
| notice shall be filed with the Comptroller within 15 days of | 33 |
| execution indicating that a contract or amendment thereto | 34 |
| described within the notice has been executed and will not be | 35 |
| filed within 15 days of execution, and the Comptroller shall |
|
|
|
SB2004 |
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LRB094 11550 JAM 42528 b |
|
| 1 |
| refuse
to issue a warrant for payment thereunder until the | 2 |
| agency files
with the Comptroller the
contract, purchase order, | 3 |
| grant, or lease or amendment thereto and an affidavit, signed | 4 |
| by the
chief executive officer of the
agency or his or her | 5 |
| designee, setting forth an explanation of why
the contract | 6 |
| liability was not
filed within 15
30 days of execution. A copy | 7 |
| of this affidavit shall
be filed with the Auditor
General.
| 8 |
| (d) Professional and artistic services contracts. No
| 9 |
| voucher shall be submitted to the
Comptroller for a warrant to | 10 |
| be drawn for the payment of money
from the State treasury or | 11 |
| from
other funds held by the State Treasurer on account of any | 12 |
| contract
for services involving
professional or artistic | 13 |
| skills involving an expenditure of more
than $5,000 for the | 14 |
| same type of
service at the same location during any fiscal | 15 |
| year unless the
contract is reduced to writing
before the | 16 |
| services are performed and filed with the Comptroller.
When a | 17 |
| contract for
professional or artistic skills in excess of | 18 |
| $5,000 was not
reduced to writing before the services
were | 19 |
| performed, the Comptroller shall refuse to issue a warrant
for | 20 |
| payment for the services
until the State agency files with the | 21 |
| Comptroller:
| 22 |
| (1) a written
contract covering the services, and
| 23 |
| (2) an affidavit, signed by the chief executive officer | 24 |
| of the
State agency or his or her designee,
stating that | 25 |
| the services for which payment is being made were
agreed to | 26 |
| before commencement
of the services and setting forth an | 27 |
| explanation of why the
contract was not reduced to writing
| 28 |
| before the services commenced.
| 29 |
| A copy of this affidavit shall be
filed with the Auditor | 30 |
| General.
The Comptroller shall maintain professional or | 31 |
| artistic service
contracts filed under this Section
separately | 32 |
| from other filed contracts.
| 33 |
| (e) Method of source selection. When a contract or | 34 |
| amendment thereto is filed
with the Comptroller under this
| 35 |
| Section, the Comptroller's file shall identify the method of
| 36 |
| source selection used in obtaining the
contract.
|
|
|
|
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LRB094 11550 JAM 42528 b |
|
| 1 |
| (f) Upon the request of the Comptroller, State agencies | 2 |
| shall supply all documents and information reasonably | 3 |
| requested by the Comptroller with respect to compliance with | 4 |
| this Code within 10 business days of the request.
| 5 |
| (g) The changes to this Section made by this amendatory Act | 6 |
| of the 94th General Assembly apply to contracts, purchase | 7 |
| orders, grants, or leases or amendments thereto executed on or | 8 |
| after its effective date.
| 9 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-904, eff. | 10 |
| 7-6-00.)
| 11 |
| (30 ILCS 500/50-20)
| 12 |
| Sec. 50-20. Exemptions. With the approval of the | 13 |
| appropriate chief
procurement officer involved, the Governor, | 14 |
| or an executive ethics board or
commission he or she | 15 |
| designates, may exempt named individuals from the
prohibitions | 16 |
| of
Section 50-13 when, in his, her, or its judgment, the public | 17 |
| interest in
having
the
individual in the service of the State | 18 |
| outweighs the public policy evidenced in
that Section. An | 19 |
| exemption is effective only when it is filed with the
Secretary | 20 |
| of State and the Comptroller and includes a statement setting | 21 |
| forth
the name of the individual and all the pertinent facts | 22 |
| that would make that
Section applicable, setting forth the | 23 |
| reason for the exemption, and declaring
the individual exempted | 24 |
| from that Section.
Exemptions must be filed with the Secretary | 25 |
| of State and Comptroller prior to execution of any contracts. A | 26 |
| copy of
Notice of each exemption shall be published in the | 27 |
| Illinois Procurement
Bulletin in its electronic form prior to | 28 |
| execution of the contract . The changes to this Section made by | 29 |
| this amendatory Act of the 94th General Assembly apply to | 30 |
| exemptions granted on or after its effective date.
| 31 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 32 |
| (30 ILCS 500/50-37 new) | 33 |
| Sec. 50-37. Contract award disclosure.
| 34 |
| (a) For purposes of this Section: |
|
|
|
SB2004 |
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LRB094 11550 JAM 42528 b |
|
| 1 |
| "Contracting entity" means an entity that would execute any | 2 |
| contract with a State 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 under the Lobbyist | 9 |
| Registration Act; (iv) are individuals or entities with whom | 10 |
| the contracting entity is contracting who are required to be | 11 |
| registered as lobbyists under the Lobbyist Registration Act; | 12 |
| and (v) are employed by the contracting entity who are special | 13 |
| government agents as defined in Section 4A-101(l) of the | 14 |
| Illinois Governmental Ethics Act. | 15 |
| (b) For contracts with an annual value of $50,000 or more | 16 |
| all offers from responsive bidders or offerors shall be | 17 |
| accompanied by disclosure of the names of the following: | 18 |
| (1) The contracting entity. | 19 |
| (2) Any entity that is a parent of, or owns a | 20 |
| controlling interest in, the contracting entity. | 21 |
| (3) Any entity that is a subsidiary of, or in which a | 22 |
| controlling interest is owned by the contracting entity. | 23 |
| (4) Any State, local, or federal political committee | 24 |
| that makes or may make political contributions on behalf of | 25 |
| the contracting entity. | 26 |
| (5) The contracting entity's key persons. | 27 |
| (c) Notices of contracts let or awarded published in the | 28 |
| Procurement Bulletin pursuant to Section 15-25 shall include as | 29 |
| part of the notice posted online the names disclosed by the | 30 |
| winning bidder or offeror pursuant to subsection (b). | 31 |
| (d) The changes made to this Section made by this | 32 |
| amendatory Act of the 94th General Assembly apply to contracts | 33 |
| first offered on or after its effective date.
| 34 |
| (30 ILCS 500/50-60)
| 35 |
| Sec. 50-60. Voidable contracts.
|
|
|
|
SB2004 |
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LRB094 11550 JAM 42528 b |
|
| 1 |
| (a) If any contract or amendment thereto is entered into or | 2 |
| purchase
or expenditure of funds is made at any time in | 3 |
| violation of this Code or any other law,
the contract or | 4 |
| amendment thereto may be declared void by the Comptroller, with | 5 |
| the approval of the Treasurer, or the chief procurement officer | 6 |
| or may be
ratified and affirmed by the Comptroller, with the | 7 |
| approval of the Treasurer, or by the chief procurement officer ,
| 8 |
| provided the Comptroller, with the approval of the Treasurer, | 9 |
| or the chief procurement officer determines that ratification | 10 |
| is in the
best interests of the
State. If the contract is | 11 |
| ratified and affirmed, it shall be without prejudice
to the | 12 |
| State's rights to any appropriate damages.
| 13 |
| (b) If, during the term of a contract, the contracting | 14 |
| agency determines
that the contractor is delinquent in the | 15 |
| payment of debt as set forth in
Section 50-11 of this Code, the | 16 |
| State agency may declare the contract void if
it determines | 17 |
| that voiding the contract is in the best interests of the | 18 |
| State.
The Debt Collection Board shall adopt rules for the | 19 |
| implementation of this
subsection (b).
| 20 |
| (c) If, during the term of a contract, the contracting | 21 |
| agency determines
that the contractor is in violation of | 22 |
| Section 50-10.5 of this Code, the
contracting
agency shall | 23 |
| declare the contract void.
| 24 |
| (d) The changes to this Section made by this amendatory Act | 25 |
| of the 94th General Assembly apply to actions taken by the | 26 |
| Comptroller and Treasurer on or after its effective date.
| 27 |
| (Source: P.A. 92-404, eff. 7-1-02; 93-600, eff. 1-1-04.)
| 28 |
| ARTICLE 99
| 29 |
| Section 99-5. Effective date. This Act takes effect upon | 30 |
| becoming law.
|
|