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90_SB1198
SEE INDEX
Creates the State Employee Gift Ban and Ethics Act and
amends the Illinois Governmental Ethics Act and the Illinois
Purchasing Act. Prohibits State officers and employees of the
executive, legislative, and judicial branches from soliciting
or accepting gifts from persons or entities with interests
affected by the activities of the officer, employee, or his
or her agency. Applies to the officer's or employee's
immediate family members. Excludes gifts from one donor with
an annual aggregate value of $50 or less and other specified
categories of gifts. Makes violation a Class A misdemeanor
with a fine related to the value of the gift. Requires each
State agency to designate an agency ethics officer to provide
employee guidance. Creates a State Board of Ethics appointed
by the Governor to review statements of economic interests
and investigate apparent conflicts of interests, failures to
comply with disclosure and filing requirements for statements
of economic interests, and violations of the gift
prohibitions. Authorizes the State Board of Ethics to issue
advisory opinions, recommend disciplinary actions, and impose
fines. Authorizes a violator's ultimate jurisdictional
authority to take Board-recommended or other disciplinary
action. Changes certain information required in statements of
economic interests. Requires certain State employees to file
those statements with the State Board of Ethics, rather than
the Secretary of State. Eliminates the current late-filing
fees for statements of economic interests. Authorizes the
State Board of Ethics, rather than the Governor, to grant
exemptions from certain restrictions relating to State
purchases. Permits advertising for State purchases by
electronic means. Requires that State agency purchases be
made in accordance with rules promulgated or approved by the
Department of Central Management Services. Requires the use
of competitive bidding, rather than the current competitive
selection procedures, for State agency procurements. Requires
the use of the most competitive procedure reasonably
available and appropriate for some procurements currently
exempt from the use of competitive selection procedures.
Requires the use of competitive bidding for other
procurements currently exempt from the use of competitive
selection procedures. Specifies certain contents of
procurement solicitations and of written procurement
contracts. Effective immediately (portions of Illinois
Purchasing Act) and January 1, 1998 (remainder).
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1 AN ACT concerning State government.
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
5 State Employee Gift Ban and Ethics Act.
6 Section 3. Legislative intent. The citizens of the
7 State of Illinois have the right to expect that public
8 servants perform their duties and execute their
9 responsibilities fairly, impartially, and diligently.
10 Furthermore, the citizens of Illinois have the right to
11 expect that public servants perform their duties and carry
12 out their responsibilities in furtherance of the public
13 interest, consistent with the mission and policies of their
14 respective agencies, and not for any personal or private
15 advantage or gain. Establishing and maintaining public trust
16 and confidence in the faithful adherence to these 2
17 fundamental principles are essential for government to
18 function effectively.
19 Because of the paramount importance of these principles
20 to our system of democratic and representative government, it
21 is the intent of the General Assembly that this Act be
22 implemented and interpreted in a manner that gives full
23 effect to these principles. It is not the intent of the
24 General Assembly to unduly or unreasonably interfere with
25 legitimate personal relationships of State officers and
26 employees, except to the extent necessary to effectuate the
27 purposes and principles of this Act, recognizing that not
28 only inappropriate behavior, but the appearance of
29 impropriety, must be proscribed in order to fully accomplish
30 the purposes of this Act.
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1 Section 5. Definitions. In this Act, words and phrases
2 have the meanings set forth in the following Sections.
3 Section 5.5. State agency.
4 (a) Except as excluded by subsection (b), "State agency"
5 means each officer, office, board, commission, agency,
6 department, authority, institution, university, body politic
7 and corporate, administrative unit, and corporate outgrowth
8 of the executive, legislative, and judicial branches of State
9 government, whether created by the Illinois Constitution, by
10 or in accordance with statute, or by executive order of the
11 Governor.
12 (b) "State agency" does not include circuit courts,
13 units of local government and their officers, school
14 districts, special districts, boards of election
15 commissioners, advisory boards, and nonsalaried boards and
16 commissions that do not perform any regulatory, investment,
17 financing, or other significant governmental
18 responsibilities.
19 Section 5.10. State employee. "State employee" means
20 each employee, appointed official, and elected official of a
21 State agency.
22 Section 5.15. Immediate family member of a State
23 employee. "Immediate family member of a State employee"
24 means the spouse of a State employee and the children,
25 parents, and siblings of a State employee or of the State
26 employee's spouse who reside with the State employee.
27 Section 5.20. Gift.
28 (a) Except as excluded by subsection (b), "gift" means
29 any tangible or intangible item of monetary value. A gift
30 includes, but is not limited to, cash and any gratuity,
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1 discount, entertainment, food, drink, hospitality, loan,
2 forbearance, honorarium for a speaking engagement or
3 appearance related or attributable to State employment, and
4 honorarium from a donor described in subsection (c) of
5 Section 10.
6 (b) "Gift" does not include the following:
7 (1) a certificate of award publicly presented in
8 recognition of public service;
9 (2) a commercially reasonable loan made in the
10 ordinary course of the lender's business on terms
11 generally available to the public;
12 (3) gifts between and among a State employee and
13 his or her family members under circumstances that
14 indicate the gifts are motivated by a personal
15 relationship rather than the position of the State
16 employee;
17 (4) gifts between and among State employees of the
18 same or different State agency, or gifts from an officer
19 or employee of a federal, foreign, or local unit of
20 government, when given without the intent to influence
21 executive, legislative, or administrative action; and
22 (5) attendance by a State employee at a widely
23 attended gathering, including, but not limited to, a
24 luncheon, speaking engagement, and educational seminar,
25 when the State employee's attendance is required or
26 requested and the State employee's attendance is
27 beneficial to his or her State agency or a customary or
28 necessary aspect of his or her duties.
29 Section 5.25. Executive action. "Executive action"
30 means the proposal, drafting, development, consideration,
31 amendment, adoption, approval, promulgation, issuance,
32 modification, rejection, or postponement by a State agency of
33 a rule, regulation, order, decision, determination,
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1 contractual arrangement, purchasing agreement, or other
2 quasi-legislative or quasi-judicial action or proceeding.
3 Section 5.30. Legislative action. "Legislative action"
4 means the development, drafting, introduction, consideration,
5 modification, adoption, rejection, review, enactment, or
6 passage or defeat of any bill, amendment, resolution, report,
7 nomination, administrative rule, or other matter by either
8 house of the General Assembly, by a committee of either house
9 of the General Assembly, or by a member of the General
10 Assembly. Legislative action also means the action of the
11 Governor in approving or vetoing any bill or portion of a
12 bill and the action of the Governor or any State agency in
13 the development of a proposal for introduction in the General
14 Assembly.
15 Section 5.35. Administrative action. "Administrative
16 action" means the execution or rejection of any rule,
17 regulation, legislative rule, standard, fee, rate,
18 contractual arrangement, purchasing agreement, or other
19 delegated legislative or quasi-legislative action to be taken
20 or withheld by a State agency.
21 Section 5.36 Influence. "Influence" means any
22 communication, action, expenditure, or other means used to
23 promote, support, affect, modify, oppose, or delay any
24 executive, legislative, or administrative action or to
25 promote goodwill.
26 Section 5.37. Lobbying. "Lobbying" means any
27 communication with a State employee for the ultimate purpose
28 of influencing executive, legislative, or administrative
29 action.
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1 Section 5.40. Board. "Board" means the State Board of
2 Ethics.
3 Section 5.45. Ultimate jurisdictional authority.
4 "Ultimate jurisdictional authority" means the following:
5 (1) For legislators, the appropriate legislative leader:
6 President of the Senate, Minority Leader of the Senate,
7 Speaker of the House of Representatives, or Minority Leader
8 of the House of Representatives.
9 (2) For State employees who are professional staff or
10 employees of the Senate, the Senate Operations Commission.
11 (3) For State employees who are professional staff or
12 employees of the House of Representatives, the Speaker of the
13 House of Representatives.
14 (4) For State employees who are employees of the
15 legislative support services agencies, the Joint Committee on
16 Legislative Support Services.
17 (5) For Supreme and Appellate Court Judges, the Chief
18 Justice of the Supreme Court.
19 (6) For State employees of the judicial branch, the
20 Administrative Office of the Illinois Courts.
21 (7) For State employees of an executive branch
22 constitutional officer, the appropriate executive branch
23 constitutional officer.
24 (8) For State employees not under the jurisdiction of
25 item (1), (2), (3), (4), (5), (6), or (7), the Governor.
26 Section 10. Gifts prohibited; penalties.
27 (a) No State employee or his or her immediate family
28 member may solicit or accept, directly or indirectly, gifts
29 from any donor listed in subsection (c) of an annual
30 aggregate value of more than $50.
31 (b) No donor listed in subsection (c) shall give or
32 transfer, directly or indirectly, a gift to a State employee
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1 or an immediate family member of a State employee that
2 violates this Act.
3 (c) A donor whose gifts are prohibited under subsection
4 (a) is a person or entity who, at the time of the gift:
5 (1) does business with the State employee's State
6 agency, whether by contract or otherwise;
7 (2) seeks to do business with the State employee's
8 State agency, whether by contract or otherwise, as
9 evidenced by the commencement of a business offer,
10 proposal, bid, or negotiation;
11 (3) conducts activities regulated by the State
12 employee's State agency;
13 (4) seeks executive, legislative, or administrative
14 action by the State employee or the State employee's
15 State agency;
16 (5) seeks to influence executive, legislative, or
17 administrative action by the State employee or the State
18 employee's State agency;
19 (6) has interests that may be substantially
20 affected by the State employee's performance or
21 nonperformance of his or her duties or discretionary
22 functions; or
23 (7) lobbies on behalf of, represents, or is an
24 organization with a majority of members who are donors
25 under this subsection.
26 (d) Nothing in this Section authorizes acceptance of an
27 honorarium in violation of Section 2-110 of the Illinois
28 Governmental Ethics Act.
29 (e) A State employee who violates this Section shall be
30 guilty of a Class A misdemeanor, for which a fine of up to
31 the greater of $1,500 or an amount equal to 3 times the value
32 of the accepted gift shall be imposed.
33 (f) A donor who violates this Section shall be guilty of
34 a Class A misdemeanor, for which a fine of up to the greater
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1 of $1,500 or an amount equal to 3 times the value of the
2 transferred gift shall be imposed.
3 Section 15. Agency ethics officer. Each State agency
4 shall designate one of its employees as its agency ethics
5 officer. The employee designated as agency ethics officer
6 shall be a person who otherwise serves the State agency as
7 its chief internal auditor, inspector general, or chief
8 counsel or in similar position.
9 The agency ethics officer shall provide guidance to State
10 employees in the interpretation of and compliance with this
11 Act.
12 The agency ethics officer shall act as the liaison
13 between the State agency and the Board.
14 Section 20. State agency policies. A State agency may
15 adopt or maintain more restrictive policies against the
16 solicitation and acceptance of gifts by its State employees.
17 A State agency shall continue to follow any policies,
18 laws, and rules in effect on the effective date of this Act
19 that are more restrictive or in addition to the policies set
20 forth in this Act.
21 Section 25. State Board of Ethics.
22 (a) The State Board of Ethics is created, consisting of
23 5 members appointed by the Governor and confirmed by a
24 two-thirds vote of members elected to the Senate. Two
25 initial members shall be appointed for 2-year terms; 3
26 initial members shall be appointed for 4-year terms.
27 Subsequent members shall serve 4-year terms. The Governor
28 shall designate the chairman from among the members. No more
29 than 3 members shall be of the same political party.
30 (b) Members shall receive no compensation but shall be
31 reimbursed for actual expenses incurred in the performance of
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1 their duties.
2 (c) Actions of the Board shall require a majority vote
3 of its members. The Board may employ and determine the
4 compensation of an executive director. The executive
5 director may employ and determine the compensation of staff
6 and consultants as he or she deems necessary.
7 (d) The Board shall have the powers and duties provided
8 by law.
9 (e) The Board shall adopt rules necessary for the
10 performance of its powers and duties.
11 Section 30. Board reviews and investigations.
12 (a) The Board shall review statements of economic
13 interests filed under the Illinois Governmental Ethics Act of
14 those persons subject to this Act for conflicts of interest
15 and failure to comply with the disclosure and filing
16 requirements of that Act. The Board shall investigate
17 apparent conflicts of interest and failures to comply.
18 (b) The Board shall investigate apparent violations of
19 this Act.
20 (c) The Board may receive information from the public
21 pertaining to its reviews and investigations under
22 subsections (a) and (b). The Board may require additional
23 information and documents from persons whose statements of
24 economic interests are reviewed and from State employees who
25 may have violated this Act. Such additional information and
26 documents shall remain confidential and shall not be
27 available for public inspection. Failure to cooperate with
28 the Board's request for additional information and documents
29 is a violation of this Act.
30 (d) The Board shall have the power to subpoena witnesses
31 and compel the production of books and papers pertinent to an
32 investigation authorized by this Act.
33 (e) The Board shall report its findings under this
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1 Section to the person whose apparent conflicts of interest,
2 failure to comply, or violations are reviewed and
3 investigated, to that person's ultimate jurisdictional
4 authority, and to the Attorney General.
5 Section 35. Education and information.
6 (a) The Board may advise agency ethics officers on the
7 performance of their duties. The Board may provide training
8 and information seminars for agency ethics officers.
9 (b) The Board may issue advisory opinions on its
10 interpretation of this Act, the Illinois Governmental Ethics
11 Act, and its rules.
12 (c) The Board may publish and periodically update the
13 publication of its advisory opinions and its rules. Any
14 publication shall be provided to agency ethics officers.
15 Section 40. Enforcement.
16 (a) The Board, after reasonable notice to the State
17 employee and a hearing before the Board, may:
18 (1) issue private or public letters of reprimand to
19 State employees it determines to be in violation of this Act.
20 (2) recommend to a person's ultimate jurisdictional
21 authority disciplinary action against a person it determines
22 to be in violation of this Act or the disclosure and filing
23 requirements for statements of economic interests under the
24 Illinois Governmental Ethics Act. Disciplinary action may
25 but need not include dismissal, removal from office,
26 impeachment, or expulsion.
27 (3) impose a fine of up to $1,000 upon a State employee
28 it determines to be in violation of this Act. Any fine
29 collected pursuant to this provision shall be deposited into
30 the General Revenue Fund of the State treasury.
31 (4) refer any violation that may be also be a criminal
32 offense to the State Police, the proper prosecutorial
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1 authority or both.
2 (b) The ultimate jurisdictional authority of a person
3 who violates this Act or the disclosure and filing
4 requirements for statements of economic interests under the
5 Illinois Governmental Ethics Act may take disciplinary action
6 against that person as recommended by the Board or as it
7 deems appropriate.
8 Section 85. The Illinois Governmental Ethics Act is
9 amended by changing Sections 4A-102, 4A-103, 4A-105, 4A-106,
10 and 4A-107 and adding Section 4A-104.5 as follows:
11 (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
12 Sec. 4A-102. The statement of economic interests
13 required by this Article shall include the economic interests
14 of the person making the statement as provided in this
15 Section. The interest (if constructively controlled by the
16 person making the statement) of a spouse or any other party,
17 shall be considered to be the same as the interest of the
18 person making the statement. Campaign receipts shall not be
19 included in this statement.
20 (a) The following interests shall be listed by all
21 persons required to file:
22 (1) The name, address and type of practice of any
23 professional organization or individual professional
24 practice in which the person making the statement was an
25 officer, director, associate, partner or proprietor, or
26 served in any advisory capacity, from which income in
27 excess of $1200 was derived during the preceding calendar
28 year;
29 (2) The nature of professional services (other than
30 services rendered to the unit of government in relation
31 to which the person is required to file) and the nature
32 of the entity to which they were rendered if fees
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1 exceeding $5,000 were received during the preceding
2 calendar year from the entity for professional services
3 rendered by the person making the statement.
4 (3) The identity (including the address or legal
5 description of real estate) of any capital asset from
6 which a capital gain of $5,000 or more was realized in
7 the preceding calendar year.
8 (4) The name of any unit of government which has
9 employed the person making the statement during the
10 preceding calendar year other than the unit of government
11 in relation to which the person is required to file.
12 (5) The name of any entity from which a gift or
13 gifts, or honorarium or honoraria, valued singly or in
14 the aggregate in excess of $500, was received during the
15 preceding calendar year, or, for persons subject to the
16 provisions of the State Employee Gift Ban and Ethics Act,
17 the name of the donor and the amount of any gifts of an
18 annual aggregate value of more than $50 from any one
19 source, if the gift was made by a prohibited donor set
20 forth in Section 10(c) of the State Employee Gift Ban and
21 Ethics Act.
22 (b) The following interests shall also be listed by
23 persons listed in items (a) through (f) of Section 4A-101:
24 (1) The name and instrument of ownership in any
25 entity doing business in the State of Illinois, in which
26 an ownership interest held by the person at the date of
27 filing is in excess of $5,000 fair market value or from
28 which dividends of in excess of $1,200 were derived
29 during the preceding calendar year. (In the case of real
30 estate, location thereof shall be listed by street
31 address, or if none, then by legal description). No time
32 or demand deposit in a financial institution, nor any
33 debt instrument need be listed;
34 (2) Except for professional service entities, the
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1 name of any entity and any position held therein from
2 which income of in excess of $1,200 was derived during
3 the preceding calendar year, if the entity does business
4 in the State of Illinois. No time or demand deposit in a
5 financial institution, nor any debt instrument need be
6 listed.
7 (3) The identity of any compensated lobbyist with
8 whom the person making the statement maintains a close
9 economic association, including the name of the lobbyist
10 and specifying the legislative matter or matters which
11 are the object of the lobbying activity, and describing
12 the general type of economic activity of the client or
13 principal on whose behalf that person is lobbying.
14 (c) The following interests shall also be listed by
15 persons listed in items (g), (h), (i), and (l) of Section
16 4A-101:
17 (1) The name and instrument of ownership in any
18 entity doing business with the unit of local government
19 in relation to which the person is required to file if
20 the ownership interest of the person filing is greater
21 than $5,000 fair market value as of the date of filing or
22 if dividends in excess of $1,200 were received from the
23 entity during the preceding calendar year. (In the case
24 of real estate, location thereof shall be listed by
25 street address, or if none, then by legal description).
26 No time or demand deposit in a financial institution, nor
27 any debt instrument need be listed.
28 (2) Except for professional service entities, the
29 name of any entity and any position held therein from
30 which income in excess of $1,200 was derived during the
31 preceding calendar year if the entity does business with
32 the unit of local government in relation to which the
33 person is required to file. No time or demand deposit in
34 a financial institution, nor any debt instrument need be
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1 listed.
2 (3) The name of any entity and the nature of the
3 governmental action requested by any entity which has
4 applied to the unit of local government in relation to
5 which the person must file for any license, franchise or
6 permit for annexation, zoning or rezoning of real estate
7 during the preceding calendar year if the ownership
8 interest of the person filing is in excess of $5,000 fair
9 market value at the time of filing or if income or
10 dividends in excess of $1,200 were received by the person
11 filing from the entity during the preceding calendar
12 year.
13 (Source: P.A. 88-511.)
14 (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
15 Sec. 4A-103. The statement of economic interests
16 required by this Article to be filed with the Secretary of
17 State shall be filled in by typewriting or hand printing,
18 shall be verified, dated, and signed by the person making the
19 statement and shall contain substantially the following:
20 STATEMENT OF ECONOMIC INTEREST
21 (TYPE OR HAND PRINT)
22 .............................................................
23 (name)
24 .............................................................
25 (office or position of employment for which this statement is
26 filed)
27 .............................................................
28 (full post office address to which notification of an
29 examination of this statement should be sent)
30 GENERAL DIRECTIONS:
31 The interest (if subject to control constructively
32 controlled by the person making the statement) of a spouse or
33 any other party, shall be considered to be the same as the
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1 interest of the person making the statement.
2 Campaign receipts shall not be included in this
3 statement.
4 If additional space is needed, please attach supplemental
5 listing.
6 1. List the name and instrument of ownership in any
7 entity doing business in the State of Illinois, in which the
8 ownership interest held by the person at the date of filing
9 is in excess of $5,000 fair market value or from which
10 dividends in excess of $1,200 were derived during the
11 preceding calendar year. Interests may include individual
12 stocks, rental property, real estate, and ownership in a
13 business. (In the case of real estate, location thereof
14 shall be listed by street address, or if none, then by legal
15 description.) No savings or checking accounts, certificates
16 of deposit, tax exempt bonds, mutual funds time or demand
17 deposit in a financial institution, nor any mortgage or other
18 debt instrument need be listed.
19 Business Entity Instrument of Ownership
20 .............................. ..............................
21 .............................. ..............................
22 .............................. ..............................
23 .............................. ..............................
24 2. List the name, address and type of practice of any
25 professional organization in which the person making the
26 statement was an officer, director, associate, partner or
27 proprietor or served in any advisory capacity, from which
28 income in excess of $1,200 was derived during the preceding
29 calendar year.
30 Name Address Type of Practice
31 ................... ................... ....................
32 ................... ................... ....................
33 ................... ................... ....................
34 3. List the nature of professional services rendered
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1 (other than to the State of Illinois) to each entity from
2 which income exceeding $5,000 was received for professional
3 services rendered during the preceding calendar year by the
4 person making the statement. Professional services include
5 law, accounting, engineering, medicine, architecture,
6 dentistry, and clinical psychology.
7 .............................................................
8 .............................................................
9 4. List the identity (including the address or legal
10 description of real estate) of any capital asset from which a
11 capital gain of $5,000 or more was realized during the
12 preceding calendar year. Capital assets may include
13 buildings, vehicles, stocks, and bonds.
14 .............................................................
15 .............................................................
16 5. List the identity of any compensated lobbyist with
17 whom the person making the statement maintains a close
18 economic association (i.e., association by a partnership,
19 association, or professional service corporation, whether as
20 a partner, officer, employee, or associate), including the
21 name of the lobbyist and specifying the executive,
22 administrative, and legislative matter or matters which are
23 the object of the lobbying activity, and describing the
24 general type of economic activity of the client or principal
25 on whose behalf that person is lobbying.
26 Lobbyist Legislative Matter Client or Principal
27 ................... ................... ....................
28 ................... ................... ....................
29 6. List the name of any entity doing business in the
30 State of Illinois from which income in excess of $1,200 was
31 derived during the preceding calendar year other than for
32 professional services and the title or description of any
33 position held in that entity. (In the case of real estate,
34 location thereof shall be listed by street address, or if
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1 none, then by legal description). No savings or checking
2 accounts, certificates of deposit, tax exempt bonds, mutual
3 funds, time or demand deposit in a financial institution nor
4 any mortgage or other debt instrument need be listed.
5 Entity Position Held
6 .............................. ..............................
7 .............................. ..............................
8 .............................. ..............................
9 7. List the name of any unit of government which
10 employed the person making the statement during the preceding
11 calendar year other than the unit of government in relation
12 to which the person is required to file.
13 .............................................................
14 .............................................................
15 8. If you are subject to the provisions of the State
16 Employee Gift Ban and Ethics Act, list the name of the donor
17 and the amount of any gifts of an annual aggregate value of
18 more than $50 from any one source, if the gift was made by a
19 prohibited donor set forth in Section 10(c) of the State
20 Employee Gift Ban and Ethics Act; otherwise, list the name of
21 any entity from which a gift or gifts, or honorarium or
22 honoraria, valued singly or in the aggregate in excess of
23 $500, was received during the preceding calendar year. Gifts
24 from family members need not be listed.
25 .............................................................
26 VERIFICATION:
27 "I declare that this statement of economic interests
28 (including any accompanying schedules and statements) has
29 been examined by me and to the best of my knowledge and
30 belief is a true, correct and complete statement of my
31 economic interests as required by the Illinois Governmental
32 Ethics Act. I understand that the penalty for willfully
33 filing a false or incomplete statement shall be a fine not to
34 exceed $1,000 or imprisonment in a penal institution other
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1 than the penitentiary not to exceed one year, or both fine
2 and imprisonment."
3 ................ ..........................................
4 (date of filing) (signature of person making the statement)
5 (Source: P.A. 79-508.)
6 (5 ILCS 420/4A-104.5 new)
7 Sec. 4A-104.5. Form of statement filed with State Board
8 of Ethics. The statement of economic interests required by
9 this Article to be filed with the State Board of Ethics shall
10 be filled in by typewriting or hand printing, shall be
11 verified, dated, and signed by the person making the
12 statement and shall contain substantially the following:
13 STATEMENT OF ECONOMIC INTEREST
14 (TYPE OR HAND PRINT)
15 .............................................................
16 (name)
17 .............................................................
18 (office or position of employment for which this statement is
19 filed)
20 .............................................................
21 (full post office address to which notification of an
22 examination of this statement should be sent)
23 GENERAL DIRECTIONS:
24 The interest (if subject to control by the person making
25 the statement) of a spouse or any other party, shall be
26 considered to be the same as the interest of the person
27 making the statement.
28 Campaign receipts shall not be included in this
29 statement.
30 If additional space is needed, please attach supplemental
31 listing.
32 1. List the name and instrument of ownership in any
33 entity doing business in the State of Illinois, in which the
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1 ownership interest held by the person at the date of filing
2 is in excess of $5,000 fair market value or from which
3 dividends in excess of $1,200 were derived during the
4 preceding calendar year. Interests may include individual
5 stocks, rental property, real estate, and ownership in a
6 business. (In the case of real estate, location thereof
7 shall be listed by street address, or if none, then by legal
8 description.) No savings or checking accounts, certificates
9 of deposit, tax exempt bonds, mutual funds, nor any mortgage
10 or other debt instrument need be listed.
11 Business Entity Instrument of Ownership
12 .............................. ..............................
13 .............................. ..............................
14 .............................. ..............................
15 .............................. ..............................
16 2. List the name, address and type of practice of any
17 professional organization in which the person making the
18 statement was an officer, director, associate, partner or
19 proprietor or served in any advisory capacity, from which
20 income in excess of $1,200 was derived during the preceding
21 calendar year.
22 Name Address Type of Practice
23 ................... ................... ....................
24 ................... ................... ....................
25 ................... ................... ....................
26 3. List the nature of professional services rendered
27 (other than to the State of Illinois) to each entity from
28 which income exceeding $5,000 was received for professional
29 services rendered during the preceding calendar year by the
30 person making the statement. Professional services include
31 law, accounting, engineering, medicine, architecture,
32 dentistry, and clinical psychology.
33 .............................................................
34 .............................................................
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1 4. List the identity (including the address or legal
2 description of real estate) of any capital asset from which a
3 capital gain of $5,000 or more was realized during the
4 preceding calendar year. Capital assets may include
5 buildings, vehicles, stocks, and bonds.
6 .............................................................
7 .............................................................
8 5. List the identity of any compensated lobbyist with
9 whom the person making the statement maintains a close
10 economic association (i.e., association by a partnership,
11 association, or professional service corporation, whether as
12 a partner, officer, employee, or associate), including the
13 name of the lobbyist and specifying the executive,
14 administrative, and legislative matter or matters which are
15 the object of the lobbying activity, and describing the
16 general type of economic activity of the client or principal
17 on whose behalf that person is lobbying.
18 Lobbyist Matter Client or Principal
19 ................... ................... ....................
20 ................... ................... ....................
21 6. List the name of any entity doing business in the
22 State of Illinois from which income in excess of $1,200 was
23 derived during the preceding calendar year other than for
24 professional services and the title or description of any
25 position held in that entity. (In the case of real estate,
26 location thereof shall be listed by street address, or if
27 none, then by legal description). No savings or checking
28 accounts, certificates of deposit, tax exempt bonds, mutual
29 funds, nor any mortgage or other debt instrument need be
30 listed.
31 Entity Position Held
32 .............................. ..............................
33 .............................. ..............................
34 .............................. ..............................
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1 7. List the name of any unit of government which
2 employed the person making the statement during the preceding
3 calendar year other than the unit of government in relation
4 to which the person is required to file.
5 .............................................................
6 .............................................................
7 8. List the name of the donor and the amount of any
8 gifts of an annual aggregate value of more than $50 from any
9 one source, if the gift was made by a prohibited donor set
10 forth in Section 10(c) of the State Employee Gift Ban and
11 Ethics Act. Gifts from family members need not be listed.
12 .............................................................
13 VERIFICATION:
14 "I declare that this statement of economic interests
15 (including any accompanying schedules and statements) has
16 been examined by me and to the best of my knowledge and
17 belief is a true, correct and complete statement of my
18 economic interests as required by the Illinois Governmental
19 Ethics Act. I understand that the penalty for willfully
20 filing a false or incomplete statement shall be a fine not to
21 exceed $1,000 or imprisonment in a penal institution other
22 than the penitentiary not to exceed one year, or both fine
23 and imprisonment.
24 ................ ..........................................
25 (date of filing) (signature of person making the statement)
26 (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
27 Sec. 4A-105. Time for filing. Except as provided in
28 Section 4A-106.1, by May 1 of each year a statement must be
29 filed by each person whose position at that time subjects him
30 to the filing requirements of Section 4A-101 unless he has
31 already filed a statement in relation to the same unit of
32 government in that calendar year.
33 Statements must also be filed as follows:
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1 (a) A candidate for elective office shall file his
2 statement not later than the end of the period during
3 which he can take the action necessary under the laws of
4 this State to attempt to qualify for nomination,
5 election, or retention to such office if he has not filed
6 a statement in relation to the same unit of government
7 within a year preceding such action.
8 (b) A person whose appointment to office is subject
9 to confirmation by the Senate shall file his statement at
10 the time his name is submitted to the Senate for
11 confirmation.
12 (c) Any other person required by this Article to
13 file the statement shall file a statement at the time of
14 his or her initial appointment or employment in relation
15 to that unit of government if appointed or employed by
16 May 1.
17 If any person who is required to file a statement of
18 economic interests fails to file such statement by May 1 of
19 any year, the officer with whom such statement is to be filed
20 under Section 4A-106 of this Act shall, within 7 days after
21 May 1, notify such person by certified mail of his or her
22 failure to file by the specified date. Except as may be
23 prescribed by rule of the Secretary of State, such person
24 shall file his or her statement of economic interests on or
25 before May 15 with the appropriate officer, together with a
26 $15 late filing fee. Any such person who fails to file by
27 May 15 shall be subject to a penalty of $100 for each day
28 from May 16 to the date of filing, which shall be in addition
29 to the $15 late filing fee specified above. Failure to file
30 by May 31 of persons listed in items (a), (b), (c), and (e)
31 of Section 4A-101 shall result in a forfeiture in accordance
32 with Section 4A-107 of this Act.
33 Any person who takes office or otherwise becomes required
34 to file a statement of economic interests within 30 days
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1 prior to May 1 of any year may file his or her statement at
2 any time on or before May 31 without penalty. If such person
3 fails to file such statement by May 31, the officer with whom
4 such statement is to be filed under Section 4A-106 of this
5 Act shall, within 7 days after May 31, notify such person by
6 certified mail of his or her failure to file by the specified
7 date. Such person shall file his or her statement of
8 economic interests on or before June 15 with the appropriate
9 officer, together with a $15 late filing fee. Any such
10 person who fails to file by June 15 shall be subject to a
11 penalty of $100 per day for each day from June 16 to the date
12 of filing, which shall be in addition to the $15 late filing
13 fee specified above. Failure to file by June 30 of persons
14 listed in items (a), (b), (c), and (e) of Section 4A-101
15 shall result in a forfeiture in accordance with Section
16 4A-107 of this Act.
17 All late filing fees and penalties collected pursuant to
18 this Section shall be paid into the General Revenue Fund in
19 the State treasury, if the Secretary of State receives such
20 statement for filing, or into the general fund in the county
21 treasury, if the county clerk receives such statement for
22 filing. The Attorney General, with respect to the State, and
23 the several State's Attorneys, with respect to counties,
24 shall take appropriate action to collect the prescribed
25 penalties.
26 Failure to file a statement of economic interests within
27 the time prescribed shall not constitute failure to file or
28 late filing under Section 4A-107 if result in a fine or
29 ineligibility for, or forfeiture of, office or position of
30 employment, as the case may be; provided that the failure to
31 file results from not being included for notification by the
32 appropriate agency, clerk, secretary, officer or unit of
33 government, as the case may be, and if that a statement is
34 filed within 30 days of actual notice of the failure to file.
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1 (Source: P.A. 88-187; 88-605, eff. 9-1-94; 89-433, eff.
2 12-15-95.)
3 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
4 Sec. 4A-106. The statement of economic interests
5 required of persons listed in item (f) of Section 4A-101
6 shall be filed with the State Board of Ethics. The
7 statements of economic interests required of persons listed
8 in items (a) through (e) (f) and item (j) of Section 4A-101
9 shall be filed with the Secretary of State. The statements
10 of economic interests required of persons listed in items
11 (g), (h), (i), (k), and (l) of Section 4A-101 shall be filed
12 with the county clerk of the county in which the principal
13 office of the unit of local government with which the person
14 is associated is located. If it is not apparent which county
15 the principal office of a unit of local government is
16 located, the chief administrative officer, or his or her
17 designee, has the authority, for purposes of this Act, to
18 determine the county in which the principal office is
19 located. On or before February 1 annually, (1) the chief
20 administrative officer of any State agency in the executive,
21 legislative, or judicial branch employing persons required to
22 file under item (f) of Section 4A-101 shall certify to the
23 Secretary of State Board of Ethics the names and mailing
24 addresses of those persons, and (2) the chief administrative
25 officer, or his or her designee, of each unit of local
26 government with persons described in items (h), (i) and (k)
27 of Section 4A-101 shall certify to the appropriate county
28 clerk a list of names and addresses of persons described in
29 items (h), (i) and (k) of Section 4A-101 that are required to
30 file. In preparing the lists, each chief administrative
31 officer, or his or her designee, shall set out the names in
32 alphabetical order.
33 On or before February 1 annually, the secretary to the
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1 board of education for local school councils established
2 pursuant to Section 34-2.1 of the School Code shall certify
3 to the county clerk the names and mailing addresses of those
4 persons described in item (l) of Section 4A-101.
5 On or before April 1 annually, the executive director of
6 the State Board of Ethics shall notify all persons whose
7 names have been certified to him or her under item (f) of
8 Section 4A-101 of the requirements for filing statements of
9 economic interests.
10 On or before April 1 annually, the Secretary of State
11 shall notify (1) all persons whose names have been certified
12 to him under item (f) of Section 4A-101, and (2) all persons
13 described in items (a) through (e) and item (j) of Section
14 4A-101, other than candidates for office who have filed their
15 statements with their nominating petitions, of the
16 requirements for filing statements of economic interests.
17 On or before April 1 annually, the county clerk of each
18 county shall notify all persons whose names have been
19 certified to him under items (g), (h), (i), (k), and (l) of
20 Section 4A-101, other than candidates for office who have
21 filed their statements with their nominating petitions, of
22 the requirements for filing statements of economic interests.
23 Except as provided in Section 4A-106.1, the notices
24 provided for in this Section shall be in writing and
25 deposited in the U.S. Mail, properly addressed, first class
26 postage prepaid, on or before the day required by this
27 Section for the sending of the notice. A certificate executed
28 by the Secretary of State, executive director of the State
29 Board of Ethics, or county clerk attesting that he has mailed
30 the notice constitutes prima facie evidence thereof.
31 From the lists certified to him under this Section of
32 persons described in items (g), (h), (i), (k), and (l) of
33 Section 4A-101, the clerk of each county shall compile an
34 alphabetical listing of persons required to file statements
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1 of economic interests in his office under any of those items.
2 As the statements are filed in his office, the county clerk
3 shall cause the fact of that filing to be indicated on the
4 alphabetical listing of persons who are required to file
5 statements. Within 30 days after the due dates, the county
6 clerk shall mail to the State Board of Elections a true copy
7 of that listing showing those who have filed statements.
8 The county clerk of each county shall note upon the
9 alphabetical listing the names of all persons required to
10 file a statement of economic interests who failed to file a
11 statement on or before May 1. It shall be the duty of the
12 several county clerks to give notice as provided in Section
13 4A-105 to any person who has failed to file his or her
14 statement with the clerk on or before May 1.
15 Any person who files or has filed a statement of economic
16 interest under this Act is entitled to receive from the
17 Secretary of State, executive director of the State Board of
18 Ethics, or county clerk, as the case may be, a receipt
19 indicating that the person has filed such a statement, the
20 date of such filing, and the identity of the governmental
21 unit in relation to which the filing is required.
22 The Secretary of State may employ such employees and
23 consultants as he considers necessary to carry out his duties
24 hereunder, and may prescribe their duties, fix their
25 compensation, and provide for reimbursement of their
26 expenses.
27 All statements of economic interests filed under this
28 Section shall be available for examination and copying by the
29 public at all reasonable times. Each person examining a
30 statement must first fill out a form prepared by the
31 Secretary of State identifying the examiner by name,
32 occupation, address and telephone number, and listing the
33 date of examination and reason for such examination. The
34 Secretary of State shall supply such forms to the State Board
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1 of Ethics and the county clerks annually and replenish such
2 forms upon request.
3 The Secretary of State, executive director of the State
4 Board of Ethics, or county clerk, as the case may be, shall
5 promptly notify each person required to file a statement
6 under this Article of each instance of an examination of his
7 statement by sending him a duplicate original of the
8 identification form filled out by the person examining his
9 statement.
10 (Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-433,
11 eff. 12-15-95.)
12 (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
13 Sec. 4A-107. Any person required to file a statement of
14 economic interests under this Article who willfully files a
15 false or incomplete statement shall be guilty of a Class A
16 misdemeanor.
17 Failure to file a statement within the time prescribed
18 shall result in ineligibility for, or forfeiture of, office
19 or position of employment, as the case may be; provided,
20 however, that if the notice of failure to file a statement of
21 economic interests provided in Section 4A-105 of this Act is
22 not given by the Secretary of State, executive director of
23 the State Board of Ethics, or the county clerk, as the case
24 may be, no forfeiture shall result if a statement is filed
25 within 30 days of actual notice of the failure to file.
26 The Attorney General, with respect to offices or
27 positions described in items (a) through (f) and (j) of
28 Section 4A-101 of this Act, or the State's Attorney of the
29 county of the entity for which the filing of statements of
30 economic interests is required, with respect to offices or
31 positions described in items (g) through (i), (k), and (l) of
32 Section 4A-101 of this Act, shall bring an action in quo
33 warranto against any person who has failed to file by either
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1 May 31 or June 30 of any given year.
2 (Source: P.A. 88-187; 88-511.)
3 (5 ILCS 420/3-101 rep.)
4 Section 90. The Illinois Governmental Ethics Act is
5 amended by repealing Section 3-101.
6 Section 95. The Illinois Purchasing Act is amended by
7 changing Sections 4, 6, 9.01, and 11.5 as follows:
8 (30 ILCS 505/4) (from Ch. 127, par. 132.4)
9 Sec. 4. Official newspaper; advertisements. The
10 Department of Central Management Services shall select a
11 secular newspaper printed in the English language of general
12 circulation, to be designated as the "official newspaper",
13 which newspaper so selected shall continue to be the official
14 newspaper of the State of Illinois for a period of one year
15 from the time of its selection. Purchases, contracts, or
16 other obligation or expenditure of funds, except as
17 hereinafter provided, shall be advertised by publication on
18 at least 3 separate dates once, no less than 14 days before
19 the bid opening, in the official newspaper of the State of
20 Illinois, in a State agency procurement bulletin, or through
21 electronic means such as the Internet; provided that such
22 advertisement shall be published once in the official
23 newspaper and at least 14 days shall elapse between the first
24 and last dates of publication. Such advertisement shall state
25 the day, hour and place when and where bids will be opened
26 and shall inform the bidders of the approximate number of
27 days which are likely to elapse between a contractor's or
28 vendor's submission of a bill to the agency and the State's
29 payment of such bill. Any and all bids or proposals may be
30 rejected. Such advertisement shall be deemed to comply with
31 the competitive procurement requirements of this Act.
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1 (Source: P.A. 89-254, eff. 8-8-95.)
2 (30 ILCS 505/6) (from Ch. 127, par. 132.6)
3 Sec. 6. State agency purchasing procedures. State
4 agencies may provide that prospective contractors be
5 prequalified to determine their responsibility, as required
6 by this Act. State agencies shall make purchases in
7 accordance with rules promulgated or approved by the
8 Department of Central Management Services. Those rules shall
9 also provide, among other matters which are not in conflict
10 with the policies and principles herein set forth:
11 a. That all purchases, contracts and expenditure of
12 funds shall be awarded pursuant to a competitive bid
13 selection procedure under which may provide that contracts
14 are be awarded to the lowest responsible bidder considering
15 conformity with specifications, terms of delivery, quality
16 and serviceability, except as provided in paragraphs e, f, g
17 and h of this Section.
18 However, A competitive bid selection procedure need not
19 be followed in the following cases, but the goods and
20 services shall be procured through the most competitive
21 procedure reasonably available and appropriate to the
22 specific circumstance:
23 (1) Where the goods or services to be procured are
24 economically procurable from only one source, such as
25 contracts for local exchange telephone service,
26 electrical energy, and other public utility services,
27 books, pamphlets and periodicals, and specially designed
28 business and research equipment and related supplies. The
29 procuring agency shall maintain a list of contracts
30 awarded on a sole source basis including the reasons for
31 determining that a contractor was the sole economically
32 reasonable source. The list and reasons shall be open to
33 public inspection.
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1 (2) Where the services required are for
2 professional or artistic skills pursuant to a written
3 contract; provided that competitive sealed proposals
4 shall constitute the most competitive procurement
5 procedure reasonably available and appropriate, except
6 when professional or artistic services are required to be
7 procured in accordance with the procedures of the
8 Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act. A contract or
10 agreement shall be awarded to the responsible offeror
11 whose proposal is determined in writing by the awarding
12 authority to be the most advantageous to the State.
13 (3) In emergencies involving public health, public
14 safety, or where immediate expenditure is necessary for:
15 (i) repair of for repairs to State property in order to
16 protect against further loss of or damage to State
17 property, (ii) prevention or minimization of to prevent
18 or minimize serious disruption in State services or
19 protection of State interests, (iii) ensuring or to
20 insure the integrity of State records, or (iv)
21 procurement of items available at a discount for a
22 limited period of time.
23 If funds are expended in an emergency under this
24 subdivision a(3), by purchase, contract, or otherwise,
25 the person authorizing the expenditure shall file an
26 affidavit with the Auditor General within 10 days after
27 the purchase or contract, setting forth the amount
28 expended, the name of the vendor or contractor, and the
29 circumstances requiring the emergency purchase. If only
30 an estimate of the cost is available at the time of
31 filing, the person authorizing the expenditure must
32 report the actual cost to the Auditor General as soon as
33 that cost is determined.
34 The Auditor General shall file with the Legislative
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1 Audit Commission and the Governor, at the end of each
2 fiscal quarter, a complete listing of all emergency
3 purchases and contracts reported during that fiscal
4 quarter. The Legislative Audit Commission shall make a
5 thorough review of all emergency purchases so reported,
6 and in its annual report to the General Assembly the
7 Commission shall identify any emergency purchase that
8 appears to constitute an abuse of the authority granted
9 under this subdivision a(3).
10 (4) In case of expenditures for personal services
11 paid to employees or officers of a State agency. As used
12 in this paragraph, "personal services" has the meaning
13 ascribed to that term in Section 14 of the State Finance
14 Act.
15 (5) Contracts for repairs, maintenance, remodeling,
16 renovation, or construction of a single project involving
17 an expenditure not to exceed $10,000 and not involving a
18 change or increase in the size, type or extent of an
19 existing facility.
20 (6) Contracts for repairs, maintenance, or any
21 other services not specifically exempt from a competitive
22 bid selection procedure under this Act where individual
23 orders for such services do not exceed $25,000.
24 (7) Purchases of commodities and equipment where
25 individual orders are less than $25,000.
26 (8) Contracts for the maintenance or servicing of,
27 or provision of repair parts for equipment which are made
28 with the manufacturers or authorized service agent of
29 that equipment where the provision of parts, maintenance
30 or servicing can best be performed by the manufacturer or
31 authorized service agent or such a contract would
32 otherwise be advantageous to the State, but the exception
33 provided in this sub-paragraph (8) does not apply to the
34 subdivisions of work listed in paragraph a-1-a of this
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1 Section.
2 (9) Where the goods or services are procured from
3 another governmental agency.
4 (10) Purchases and contracts for the use, purchase,
5 delivery, movement or installation of data processing
6 equipment, software or services and telecommunications
7 and inter-connect equipment, software and services;
8 provided that competitive sealed proposals shall
9 constitute the most competitive procurement procedure
10 reasonably available and appropriate. A contract or
11 agreement shall be awarded to the responsible offeror
12 whose proposal is determined in writing by the awarding
13 authority to be the most advantageous to the State.
14 (11) Personal service contracts with individuals
15 hired as employees and not as independent contractors
16 made by State agencies, including members, officers,
17 committees, or commissions of the General Assembly.
18 (12) When necessary to prepare for confidential
19 anticipated litigation, enforcement actions, or
20 investigations. Any contract for duplicating machines and
21 supplies.
22 (13) (Blank). Any contract for the purchase of
23 natural gas when the cost is less than that offered by a
24 public utility.
25 (14) (Blank). Any contract for State Lottery
26 tickets or shares or for other State Lottery game related
27 services.
28 (15) (Blank). Purchases of and contracts for office
29 equipment and associated supplies when such contracts
30 provide for prices that are equal to or lower than
31 Federal General Services Administration contracts and
32 when such contracts or pricing result in economical
33 advantage to the State.
34 (16) (Blank). Purchases and contracts by the
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1 Department of State Police for the use, purchase or
2 installation of forensic science laboratory analytical
3 equipment and analytical data processing equipment used
4 for forensic science laboratory purposes only, including
5 equipment which is microprocessor controlled or
6 controllable, and its software. Prior to the purchase of
7 or contract for such equipment, the Director of the
8 Department of State Police shall certify to the
9 Comptroller and the Auditor General that such equipment
10 is necessary and an integral component of the Department
11 of State Police's statutory investigatory duties and that
12 competitive bidding will hamper such statutory duties.
13 Such certification shall include the prices of and
14 specifications of the equipment to be purchased or
15 contracted for and the prices, specifications and reasons
16 for rejection of comparative equipment by the Department
17 of State Police. The Comptroller shall file such
18 certification with any purchase vouchers or files
19 maintained for the purchase. The Auditor General shall
20 require such certification to be noted in audits
21 performed at his direction.
22 (17) (Blank). Purchases and contracts by the
23 Department of Nuclear Safety for the use, purchase or
24 installation of radiochemistry laboratory equipment,
25 instruments and equipment used to detect radiation or
26 radioactivity, and data processing equipment used for
27 purposes of detecting radiation or radioactivity. Prior
28 to the purchase of or contract for such equipment, the
29 Director of the Department of Nuclear Safety shall
30 certify to the Comptroller that such equipment is
31 necessary and an integral component of the Department of
32 Nuclear Safety's emergency response or radiation
33 monitoring programs and that competitive bidding will
34 hamper such programs. Such certification shall include
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1 the prices of and specifications of the equipment to be
2 purchased or contracted for and the prices,
3 specifications and reasons for rejection of comparable
4 equipment by the Department of Nuclear Safety. The
5 Comptroller shall file such certification with any
6 purchase vouchers or files maintained for the purchase.
7 (18) Contracts entered into on or before June 30,
8 1998 under Section 49.25h of the Civil Administrative
9 Code of Illinois for leasing or for providing for use of
10 railroad locomotives or other rolling stock (including as
11 it may be altered, improved, serviced, maintained,
12 repaired, or rehabilitated) in existence at the time the
13 contract is entered into.
14 (19) Contracts for the direct provision of human
15 services to clients or wards. The chief executive
16 officer of the awarding authority shall certify in
17 writing that the use of a competitive bid procedure or a
18 competitive sealed proposal procedure is not in the best
19 interest of the service recipient. The chief executive
20 officer shall make the certification available for public
21 inspection.
22 a-1. In case of contracts for the construction of
23 buildings, or for other construction work in or about
24 buildings and grounds, where the entire estimated cost of
25 such work exceeds $25,000, State agencies may provide that
26 prospective contractors, as well as architects and engineers
27 employed in connection with such projects, be prequalified to
28 determine their responsibility. Such prequalification may
29 require, without limitation, that the applicant for
30 prequalification list all public works contracts he has
31 performed within 2 years of the date of application, or the 4
32 most recent public works contracts he has performed,
33 whichever is fewer, and state whether he complied with the
34 Illinois Wage Assignment Act in performing such contracts.
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1 Such statement shall be made under oath or affirmation and if
2 made falsely is punishable as perjury under Section 32-2 of
3 the Criminal Code of 1961.
4 a-1-a. Separate specifications shall be prepared, with
5 the exception of the Cardinal Creek Housing project and 2
6 grade schools associated with the Scott Joint-Use Airport in
7 St. Clair County which shall be permitted, as a one-time
8 exclusion, to allow turn-key development of the required
9 facilities on the basis of competitive quality, performance,
10 and price, for all equipment, labor and materials in
11 connection with the following 5 subdivisions of the work to
12 be performed:
13 1. Plumbing.
14 2. Heating, piping, refrigeration and automatic
15 temperature control systems, including the testing and
16 balancing of such systems.
17 3. Ventilating and distribution systems for
18 conditioned air, including the testing and balancing of
19 such systems.
20 4. Electric wiring.
21 5. General contract work.
22 Such specifications shall be so drawn as to permit
23 separate and independent competitive bidding upon each of the
24 above 5 subdivisions of work; provided, however, if the total
25 estimated cost of all such work is less than $250,000,
26 separate and independent specifications are not required.
27 All contracts awarded for any part thereof shall award the 5
28 subdivisions of such work separately to responsible and
29 reliable persons, firms or corporations engaged in these
30 classes of work. Such contracts, at the discretion of the
31 awarding authority, may be assigned to the successful bidder
32 on the general contract work, or to the successful bidder on
33 the subdivision of work designated by the awarding authority
34 prior to competitive bidding as the prime subdivision of
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1 work; provided that all payments will be made directly to the
2 contractors for the 5 subdivisions of such work upon
3 compliance with the conditions of the contract. A contract
4 may be let for one or more buildings in any project to the
5 same contractor. The specifications shall require, however,
6 that unless the buildings are identical, a separate price
7 shall be submitted for each building. The contract may be
8 awarded to the lowest responsible bidder for each or all of
9 the buildings included in the specifications.
10 As used in this subdivision a-1-a, "competitive bidding"
11 means bidding in which (i) bids are publicly solicited and
12 opened, (ii) the terms and conditions of the solicitation and
13 the bidding process apply equally to all bidders, (iii) bids
14 are awarded to the lowest responsive responsible bidder, and
15 (iv) the procedures used and imposed by the agency conform to
16 any applicable agency rules. A solicitation for bids may not
17 impose restrictions on source, supplier, or manufacturer,
18 except as otherwise provided in this Section. Competitive
19 bidding constitutes a competitive selection procedure for the
20 purposes of this Act.
21 Whenever any contract entered into by a State agency for
22 the repair, remodeling, renovation or construction of a
23 building or structure or for the construction or maintenance
24 of a highway, as those terms are defined in Article 2 of the
25 Illinois Highway Code, or for the reclamation of abandoned
26 lands as those terms are defined in Article I of the
27 Abandoned Mined Lands and Water Reclamation Act, provides for
28 retention of a percentage of the contract price until final
29 completion and acceptance of the work, upon the request of
30 the contractor and with the approval of the State agency the
31 amount so retained may be deposited under a trust agreement
32 with an Illinois bank of the contractor's choice and subject
33 to the approval of the State agency. The contractor shall
34 receive any interest thereon. Upon application by the
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1 contractor, the trust agreement must contain, as a minimum,
2 the following provisions:
3 A. the amount to be deposited subject to the trust;
4 B. the terms and conditions of payment in case of
5 default of the contractor;
6 C. the termination of the trust agreement upon
7 completion of the contract; and
8 D. the contractor shall be responsible for
9 obtaining the written consent of the bank trustee, and
10 any costs or service fees shall be borne by the
11 contractor.
12 The trust agreement may, at the discretion of the State
13 agency and upon request of the contractor, become operative
14 at the time of the first partial payment in accordance with
15 existing statutes and the State agency procedures.
16 a-2. In case of contracts for the purchase of supplies,
17 materials, commodities and equipment, wherever feasible
18 proposals shall be required to be itemized as to kind and the
19 solicitation for proposals shall state, with such degree of
20 particularity as the nature of the case permits, the quantity
21 of each item required.
22 a-3. That all contracts for the rental or lease of
23 electronic data processing equipment shall include a clause
24 that if more favorable terms are granted by the lessor,
25 supplier, dealer, or manufacturer to any similar state or
26 local governmental agency in any state in contemporaneous
27 leases or rental agreements covering data processing
28 equipment let under the same or similar financial terms and
29 circumstances, the more favorable terms shall be applicable
30 to all agreements or contracts made by any similar Illinois
31 state agency for the rental or lease of comparable data
32 processing equipment from the lessor, supplier, dealer, or
33 manufacturer.
34 b. That competitive procurement procedures shall be in
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1 conformance with accepted business practices.
2 c. That bids and proposals shall be publicly opened at
3 the day and hour and at the place specified in the
4 solicitations and that the winning bid or proposal shall be
5 available for public inspection after award.
6 d. That any contractor may be suspended for not more
7 than one year for violation of the competitive procurement
8 procedures of any State agency or for failure to conform to
9 specifications or terms of delivery.
10 e. When a public contract is to be awarded under
11 competitive bid selection procedures, a resident contractor
12 must be allowed a preference as against a non-resident bidder
13 from any state which gives or requires a preference to
14 contractors from that state. The preference is to be equal
15 to the preference given or required by the state of the
16 non-resident contractor. Further, if only non-resident
17 contractors are under consideration, the purchasing agency is
18 within its right to specify that Illinois labor and
19 manufacturing locations be used as a part of the
20 manufacturing process, if applicable. This specification may
21 be negotiated, as part of the solicitation process.
22 f. "Resident contractor" as used in this Section means a
23 person authorized to transact business in this State and
24 having a bona fide establishment for transacting business
25 within this State at which it was actually transacting
26 business on the date when any competitive solicitation for a
27 public contract is first advertised or announced, including a
28 foreign corporation duly authorized to transact business in
29 this State which has a bona fide establishment for
30 transacting business within this State at which it was
31 actually transacting business on the date when any
32 competitive solicitation for a public contract is first
33 advertised or announced.
34 g. Paragraphs e and f of this Section do not apply to
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1 any contract for any project as to which federal funds are
2 available for expenditure when such paragraphs may be in
3 conflict with federal law or federal regulation.
4 h. When a public contract is to be awarded under
5 competitive procurement procedures, an otherwise qualified
6 bidder who will fulfill the contract through the use of
7 products made of recycled materials may, on a pilot basis or
8 pursuant to a pilot study, be given preference over other
9 contractors unable to do so, provided that the cost included
10 in the proposal of products made of recycled materials is not
11 more than 10% greater than the cost of such products not made
12 of recycled materials.
13 i. That every contract for the provision of goods or
14 services shall provide that the vendor or contractor shall
15 maintain, for a minimum of 5 years after the completion of
16 the contract, adequate books, records, and supporting
17 documents to verify the amounts, recipients, and uses of all
18 disbursements of funds passing in conjunction with the
19 contract; that the contract and all books, records, and
20 supporting documents related to the contract shall be
21 available for review and audit by the Auditor General; and
22 that the contractor agrees to cooperate fully with any audit
23 conducted by the Auditor General and to provide full access
24 to all relevant materials. Failure to maintain the books,
25 records, and supporting documents required by this Section
26 shall establish a presumption in favor of the State for the
27 recovery of any funds paid by the State under the contract
28 for which adequate books, records, and supporting
29 documentation are not available to support their purported
30 disbursement.
31 j. A contract or expenditure that was made after June
32 30, 1992 and before the effective date of this amendatory Act
33 of 1995 shall not become invalid or be otherwise affected by
34 the changes to subdivision a-1-a of this Section made by this
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1 amendatory Act of 1995.
2 k. That advertisements, invitations, requests, and
3 solicitations for bids or proposals shall:
4 (1) describe the goods or services to be procured,
5 the material terms and conditions of the contract or
6 agreement, and the criteria by which the bid or proposal
7 shall be evaluated;
8 (2) refer to all certification and disclosure
9 requirements of this Act; and
10 (3) require the bidder or offeror to notify the
11 awarding authority's agency ethics officer of the
12 bidder's or offeror's solicitation of or intent to
13 solicit the awarding authority's employees for employment
14 during the procurement process.
15 l. When State law requires that a contract or agreement
16 be reduced to writing, such contract shall:
17 (1) refer to all certification and disclosure
18 requirements of this Act; and
19 (2) require the contractor or vendor to notify the
20 awarding authority's agency ethics officer of the
21 contractor's or vendor's solicitation of or intent to
22 solicit the awarding authority's employees for employment
23 during the term of the contract or agreement.
24 (Source: P.A. 88-45; 89-254, eff. 8-8-95; 89-710, eff.
25 2-14-97.)
26 (30 ILCS 505/9.01) (from Ch. 127, par. 132.9a)
27 Sec. 9.01. Whenever any State agency contracts for
28 services involving professional or artistic skills and
29 involving an expenditure of more than $5,000 for the same
30 type of service at the same location during any fiscal year,
31 which contract is exempt from competitive bid procurement
32 procedures by reason of sub-paragraph (2) of paragraph a. of
33 Section 6, a copy of the contract, which must be reduced to
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1 writing, shall be filed with the Comptroller. All copies of
2 contracts filed pursuant to this Section are public records.
3 The originals or copies of contracts filed pursuant to this
4 Section shall be maintained by the Comptroller in files
5 separate from those used for the filing of other contracts.
6 (Source: P.A. 87-860.)
7 (30 ILCS 505/11.5) (from Ch. 127, par. 132.11-5)
8 Sec. 11.5. The State Board of Ethics Governor may exempt
9 named individuals from the prohibitions of Section 11.1 and
10 11.3 when, in its his judgment, the person or his or her
11 spouse is not in a position to influence the award of the
12 contract, there is not an actual or perceived conflict of
13 interest in the performance of the person's duties and
14 responsibilities to the State and the award or performance of
15 the contract, or the public interest in having such an
16 individual in the service of the State outweighs the public
17 policy evidenced in those Sections. Such an exemption is not
18 effective, however, unless the State Board of Ethics Governor
19 files with the Secretary of State a statement naming the
20 individual, setting forth all the pertinent facts which would
21 make those Sections applicable, setting forth the reasons for
22 the exemption and declaring that the individual is exempted
23 from those Sections. In addition, a copy of the Governor's
24 statement shall be filed with the Comptroller.
25 (Source: P.A. 84-803.)
26 Section 99. Effective date. This Section and the
27 portion of Section 95 amending Sections 4, 6, and 9.01 of the
28 Illinois Purchasing Act take effect upon becoming law; the
29 remainder of this Act takes effect January 1, 1998.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102
4 5 ILCS 420/4A-103 from Ch. 127, par. 604A-103
5 5 ILCS 420/4A-104.5 new
6 5 ILCS 420/4A-105 from Ch. 127, par. 604A-105
7 5 ILCS 420/4A-106 from Ch. 127, par. 604A-106
8 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107
9 5 ILCS 420/3-101 rep.
10 30 ILCS 505/4 from Ch. 127, par. 132.4
11 30 ILCS 505/6 from Ch. 127, par. 132.6
12 30 ILCS 505/9.01 from Ch. 127, par. 132.9a
13 30 ILCS 505/11.5 from Ch. 127, par. 132.11-5