[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0146
SB421 Enrolled LRB9101383JMmb
AN ACT to amend the Illinois Procurement Code by changing
Section 50-35.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Section 50-35 as follows:
(30 ILCS 500/50-35)
Sec. 50-35. Disclosure and potential conflicts of
interest.
(a) All offers from responsive bidders or offerors with
an annual value of more than $10,000 shall be accompanied by
disclosure of the financial interests of the contractor,
bidder, or proposer. The financial disclosure of each
successful bidder or offeror shall become part of the
publicly available contract or procurement file maintained by
the appropriate chief procurement officer.
(b) Disclosure by the responsive bidders or offerors
shall include any ownership or distributive income share that
is in excess of 5%, or an amount greater than 60% of the
annual salary of the Governor, of the bidding entity or its
parent entity, whichever is less, unless the contractor or
bidder (i) is a publicly traded entity subject to Federal 10K
reporting, in which case it may submit its 10K disclosure in
place of the prescribed disclosure, or (ii) is a privately
held entity that is exempt from Federal 10k reporting but has
more than 400 shareholders, in which case it may submit the
information that Federal 10k reporting companies are required
to report under 17 CFR 229.401 and list the names of any
person or entity holding any ownership share that is in
excess of 5% in place of the prescribed disclosure. The form
of disclosure shall be prescribed by the applicable chief
procurement officer and must include at least the names,
addresses, and dollar or proportionate share of ownership of
each person identified in this Section, their instrument of
ownership or beneficial relationship, and notice of any
potential conflict of interest resulting from the current
ownership or beneficial relationship of each person
identified in this Section having in addition any of the
following relationships:
(1) State employment, currently or in the previous
3 years, including contractual employment of services.
(2) State employment of spouse, father, mother,
son, or daughter, including contractual employment for
services in the previous 2 years.
(3) Elective status; the holding of elective office
of the State of Illinois, the government of the United
States, any unit of local government authorized by the
Constitution of the State of Illinois or the statutes of
the State of Illinois currently or in the previous 3
years.
(4) Relationship to anyone holding elective office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(5) Appointive office; the holding of any
appointive government office of the State of Illinois,
the United States of America, or any unit of local
government authorized by the Constitution of the State of
Illinois or the statutes of the State of Illinois, which
office entitles the holder to compensation in excess of
expenses incurred in the discharge of that office
currently or in the previous 3 years.
(6) Relationship to anyone holding appointive
office currently or in the previous 2 years; spouse,
father, mother, son, or daughter.
(7) Employment, currently or in the previous 3
years, as or by any registered lobbyist of the State
government.
(8) Relationship to anyone who is or was a
registered lobbyist in the previous 2 years; spouse,
father, mother, son, or daughter.
(9) Compensated employment, currently or in the
previous 3 years, by any registered election or
re-election committee registered with the Secretary of
State or any county clerk in the State of Illinois, or
any political action committee registered with either the
Secretary of State or the Federal Board of Elections.
(10) Relationship to anyone; spouse, father,
mother, son, or daughter; who is or was a compensated
employee in the last 2 years of any registered election
or re-election committee registered with the Secretary of
State or any county clerk in the State of Illinois, or
any political action committee registered with either the
Secretary of State or the Federal Board of Elections.
(c) The disclosure in subsection (b) is not intended to
prohibit or prevent any contract. The disclosure is meant to
fully and publicly disclose any potential conflict to the
chief procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately
discharge their duty to protect the State.
(d) In the case of any contract for personal services in
excess of $50,000; any contract competitively bid in excess
of $250,000; any other contract in excess of $50,000; when a
potential for a conflict of interest is identified,
discovered, or reasonably suspected it shall be reviewed and
commented on in writing by the Governor of the State of
Illinois, or by an executive ethics board or commission he or
she might designate. The comment shall be returned to the
responsible chief procurement officer who must rule in
writing whether to void or allow the contract, bid, offer, or
proposal weighing the best interest of the State of Illinois.
The comment and determination shall become a publicly
available part of the contract, bid, or proposal file.
(e) These threshholds and disclosure do not relieve the
chief procurement officer, the State purchasing officer, or
their designees from reasonable care and diligence for any
contract, bid, offer, or proposal. The chief procurement
officer, the State purchasing officer, or their designees
shall be responsible for using any reasonably known and
publicly available information to discover any undisclosed
potential conflict of interest and act to protect the best
interest of the State of Illinois.
(f) Inadvertent or accidental failure to fully disclose
shall render the contract, bid, proposal, or relationship
voidable by the chief procurement officer if he or she deems
it in the best interest of the State of Illinois and, at his
or her discretion, may be cause for barring from future
contracts, bids, proposals, or relationships with the State
for a period of up to 2 years.
(g) Intentional, willful, or material failure to
disclose shall render the contract, bid, proposal, or
relationship voidable by the chief procurement officer if he
or she deems it in the best interest of the State of Illinois
and shall result in debarment from future contracts, bids,
proposals, or relationships for a period of not less than 2
years and not more than 10 years. Reinstatement after 2
years and before 10 years must be reviewed and commented on
in writing by the Governor of the State of Illinois, or by an
executive ethics board or commission he or she might
designate. The comment shall be returned to the responsible
chief procurement officer who must rule in writing whether
and when to reinstate.
(h) In addition, all disclosures shall note any other
current or pending contracts, proposals, leases, or other
ongoing procurement relationships the bidding, proposing, or
offering entity has with any other unit of State government
and shall clearly identify the unit and the contract,
proposal, lease, or other relationship.
(Source: P.A. 90-572, eff. 2-6-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]