Bill Amendment: IL HB4217 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PROCURE CD-CONFLICT DISCLOSURE
Status: 2019-01-08 - Session Sine Die [HB4217 Detail]
Download: Illinois-2017-HB4217-House_Amendment_001.html
Bill Title: PROCURE CD-CONFLICT DISCLOSURE
Status: 2019-01-08 - Session Sine Die [HB4217 Detail]
Download: Illinois-2017-HB4217-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4217
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2 | AMENDMENT NO. ______. Amend House Bill 4217 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Sections 15-25 and 50-13 as follows:
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6 | (30 ILCS 500/15-25) | ||||||
7 | Sec. 15-25. Bulletin content. | ||||||
8 | (a) Invitations for bids. Notice of each and every contract | ||||||
9 | that is
offered, including renegotiated contracts and change | ||||||
10 | orders,
shall be published in the Bulletin. The applicable | ||||||
11 | chief procurement officer
may provide by rule an organized | ||||||
12 | format for the publication of this
information, but in any case | ||||||
13 | it must include at least the date first offered,
the date | ||||||
14 | submission of offers is due, the location that offers are to be
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15 | submitted to, the purchasing State agency, the responsible | ||||||
16 | State purchasing
officer, a brief purchase description, the |
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1 | method of source selection,
information of how to obtain a | ||||||
2 | comprehensive purchase description and any
disclosure and | ||||||
3 | contract forms, and encouragement to potential contractors to | ||||||
4 | hire qualified veterans, as defined by Section 45-67 of this | ||||||
5 | Code, and qualified Illinois minorities, women, persons with | ||||||
6 | disabilities, and residents discharged from any Illinois adult | ||||||
7 | correctional center. | ||||||
8 | (a-5) All businesses listed on the Illinois Unified | ||||||
9 | Certification Program Disadvantaged Business Enterprise | ||||||
10 | Directory, the Business Enterprise Program of the Department of | ||||||
11 | Central Management Services, and any small business database | ||||||
12 | created pursuant to Section 45-45 of this Code shall be | ||||||
13 | furnished written instructions and information on how to | ||||||
14 | register for the Illinois Procurement Bulletin. This | ||||||
15 | information shall be provided to each business within 30 | ||||||
16 | calendar days after the business's notice of certification or | ||||||
17 | qualification. | ||||||
18 | (b) Contracts let. Notice of each and every contract that | ||||||
19 | is let, including renegotiated contracts and change orders, | ||||||
20 | shall be issued electronically to those bidders submitting | ||||||
21 | responses to the solicitations, inclusive of the unsuccessful | ||||||
22 | bidders, immediately upon contract let. Failure of any chief | ||||||
23 | procurement officer to give such notice shall result in tolling | ||||||
24 | the time for filing a bid protest up to 7 calendar days. | ||||||
25 | For purposes of this subsection (b), "contracts let" means | ||||||
26 | a construction agency's act of advertising an invitation for |
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1 | bids for one or more construction projects. | ||||||
2 | (b-5) Contracts awarded. Notice of each and every contract | ||||||
3 | that is awarded, including renegotiated contracts and change | ||||||
4 | orders, shall be issued electronically to the successful | ||||||
5 | responsible bidder, offeror, or contractor and published in the | ||||||
6 | Bulletin. The applicable chief procurement officer may provide | ||||||
7 | by rule an organized format for the publication of this | ||||||
8 | information, but in any case it must include at least all of | ||||||
9 | the information specified in subsection (a) as well as the name | ||||||
10 | of the successful responsible bidder, offeror, the contract | ||||||
11 | price, the number of unsuccessful bidders or offerors and any | ||||||
12 | other disclosure specified in any Section of this Code. This | ||||||
13 | notice must be posted in the online electronic Bulletin prior | ||||||
14 | to execution of the contract. | ||||||
15 | For purposes of this subsection (b-5), "contract award" | ||||||
16 | means the determination that a particular bidder or offeror has | ||||||
17 | been selected from among other bidders or offerors to receive a | ||||||
18 | contract, subject to the successful completion of final | ||||||
19 | negotiations. "Contract award" is evidenced by the posting of a | ||||||
20 | Notice of Award or a Notice of Intent to Award to the | ||||||
21 | respective volume of the Illinois Procurement Bulletin. | ||||||
22 | (c) Emergency purchase disclosure. Any chief procurement | ||||||
23 | officer or State
purchasing officer exercising emergency | ||||||
24 | purchase authority under
this Code shall publish a written | ||||||
25 | description and reasons and the total cost,
if known, or an | ||||||
26 | estimate if unknown and the name of the responsible chief
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1 | procurement officer and State purchasing officer, and the | ||||||
2 | business or person
contracted with for all emergency purchases | ||||||
3 | in
the Bulletin. This notice must be posted in the online | ||||||
4 | electronic Bulletin no later than 5 calendar days after the | ||||||
5 | contract is awarded.
Notice of a hearing to extend an emergency | ||||||
6 | contract must be posted in the online electronic Procurement | ||||||
7 | Bulletin no later than 14 calendar days prior to the hearing. | ||||||
8 | (c-5) Business Enterprise Program report. Each purchasing | ||||||
9 | agency shall, with the assistance of the applicable chief | ||||||
10 | procurement officer, post in the online electronic Bulletin a | ||||||
11 | copy of its annual report of utilization of businesses owned by | ||||||
12 | minorities, women, and persons with disabilities as submitted | ||||||
13 | to the Business Enterprise Council for Minorities, Women, and | ||||||
14 | Persons with Disabilities pursuant to Section 6(c) of the | ||||||
15 | Business Enterprise for Minorities, Women, and Persons with | ||||||
16 | Disabilities Act within 10 calendar days after its submission | ||||||
17 | of its report to the Council.
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18 | (c-10) Renewals. Notice of each contract renewal shall be | ||||||
19 | posted in the Bulletin within 14 calendar days of the | ||||||
20 | determination to execute a renewal of the contract. The notice | ||||||
21 | shall include at least all of the information required in | ||||||
22 | subsection (a) or (b), as applicable.
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23 | (c-15) Sole source procurements. Before entering into a | ||||||
24 | sole source contract, a chief procurement officer exercising | ||||||
25 | sole source procurement authority under this Code shall publish | ||||||
26 | a written description of intent to enter into a sole source |
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1 | contract along with a description of the item to be procured | ||||||
2 | and the intended sole source contractor. This notice must be | ||||||
3 | posted in the online electronic Procurement Bulletin before a | ||||||
4 | sole source contract is awarded and at least 14 calendar days | ||||||
5 | before the hearing required by Section 20-25. | ||||||
6 | (d) Other required disclosure. The applicable chief | ||||||
7 | procurement officer
shall provide by rule for the organized | ||||||
8 | publication of all other disclosure
required in other Sections | ||||||
9 | of this Code in a timely manner , which shall include the | ||||||
10 | publication of any conflict of interest identified under | ||||||
11 | Section 50-13 or potential conflicts of interests identified | ||||||
12 | under Section 50-35 . | ||||||
13 | (e) The changes to subsections (b), (c), (c-5), (c-10), and | ||||||
14 | (c-15) of this Section made by Public Act 96-795 this | ||||||
15 | amendatory Act of the 96th General Assembly apply to reports | ||||||
16 | submitted, offers made, and notices on contracts executed on or | ||||||
17 | after July 1, 2010 (the its effective date of Public Act | ||||||
18 | 96-795) .
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19 | (f) Each chief procurement officer shall, in consultation | ||||||
20 | with the agencies under his or her jurisdiction, provide the | ||||||
21 | Procurement Policy Board with the information and resources | ||||||
22 | necessary, and in a manner, to effectuate the purpose of Public | ||||||
23 | Act 96-1444 this amendatory Act of the 96th General Assembly . | ||||||
24 | (Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17; | ||||||
25 | revised 10-2-17.)
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1 | (30 ILCS 500/50-13)
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2 | Sec. 50-13. Conflicts of interest.
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3 | (a) Prohibition. It is unlawful for any person (1) holding | ||||||
4 | an
elective office in this State,
(2) holding a seat in the | ||||||
5 | General Assembly, (3) or appointed to or
employed in any of the | ||||||
6 | offices or
agencies of State government and who receives | ||||||
7 | compensation for such employment
in excess of 60% of the salary | ||||||
8 | of the Governor of the State of Illinois, (4) serving as a | ||||||
9 | member of any board, commission, or authority authorized or | ||||||
10 | created by State law with the power to approve contracts under | ||||||
11 | this Code, (5) or who
is an officer or employee of
the Capital | ||||||
12 | Development
Board or the Illinois Toll Highway Authority, or | ||||||
13 | (6) who is the spouse
or minor child of any such
person to have | ||||||
14 | or acquire any contract, or any direct pecuniary
interest in | ||||||
15 | any contract therein,
whether for stationery, printing, paper, | ||||||
16 | or any services,
materials, or supplies, that will be
wholly or | ||||||
17 | partially satisfied by the payment of funds appropriated
by the | ||||||
18 | General Assembly of
the State of Illinois or in any contract of | ||||||
19 | the Capital
Development Board or the Illinois Toll
Highway | ||||||
20 | Authority.
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21 | (a-5) It is unlawful for any person or business to have or | ||||||
22 | acquire any contract or direct pecuniary interest in any | ||||||
23 | contract of any State agency, if the person or anyone made a | ||||||
24 | disclosure as required under subsection (b) of Section 50-35 or | ||||||
25 | the business makes donations to any charity where a member | ||||||
26 | meeting the criteria specified under item (4) of subsection (a) |
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1 | is a board member, officer, or employee of the charity. This | ||||||
2 | subsection (a-5) does not apply when the member meeting the | ||||||
3 | criteria specified under item (4) of subsection (a) recuses | ||||||
4 | herself or himself from any decision regarding approval of the | ||||||
5 | contract creating the conflict of interest. | ||||||
6 | (b) Interests. It is unlawful for any firm, partnership,
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7 | association, or corporation, in
which any person listed in | ||||||
8 | subsection (a) is entitled to receive (i) more than
7 1/2% of | ||||||
9 | the total
distributable income or (ii) an amount in excess of | ||||||
10 | the salary of the Governor,
to have or acquire any
such | ||||||
11 | contract or direct pecuniary interest therein.
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12 | (c) Combined interests. It is unlawful for any firm, | ||||||
13 | partnership,
association, or corporation, in which any person | ||||||
14 | listed in subsection (a)
together with his or her spouse or | ||||||
15 | minor children is entitled to receive (i)
more than 15%, in the | ||||||
16 | aggregate, of the total distributable income or (ii) an
amount | ||||||
17 | in excess of 2 times the salary of the Governor, to have or | ||||||
18 | acquire any
such contract or direct pecuniary interest therein.
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19 | (c-5) Appointees and firms. In addition to any provisions | ||||||
20 | of this Code,
the interests of certain
appointees and their | ||||||
21 | firms are subject to Section 3A-35 of the Illinois
Governmental | ||||||
22 | Ethics Act.
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23 | (d) Securities. Nothing in this Section invalidates the
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24 | provisions of any bond or other
security previously offered or | ||||||
25 | to be offered for sale or sold by
or for the State of Illinois.
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26 | (e) Prior interests. This Section does not affect the
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1 | validity of any contract made
between the State and an officer | ||||||
2 | or employee of the State or
member of the General Assembly,
his | ||||||
3 | or her spouse, minor child, or other immediate family member | ||||||
4 | living in
his or her residence or any
combination of those | ||||||
5 | persons
if that contract was in
existence before his or her | ||||||
6 | election or employment as an officer,
member, or employee. The
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7 | contract is voidable, however, if it cannot be completed within | ||||||
8 | 365 calendar
days after the officer, member,
or employee takes | ||||||
9 | office or is employed.
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10 | (f) Exceptions.
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11 | (1) Public aid payments. This Section does not apply
to | ||||||
12 | payments made for a
public aid recipient.
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13 | (2) Teaching. This Section does not apply to a
contract | ||||||
14 | for personal services as
a teacher or school administrator | ||||||
15 | between a member of the General
Assembly or his or her
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16 | spouse, or a State officer or employee or his or her | ||||||
17 | spouse, and
any school district, public community college | ||||||
18 | district, the University of
Illinois, Southern Illinois | ||||||
19 | University, Illinois State University, Eastern
Illinois | ||||||
20 | University, Northern Illinois University, Western Illinois | ||||||
21 | University,
Chicago State University, Governor State | ||||||
22 | University, or Northeastern Illinois
University.
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23 | (3) Ministerial duties. This Section does not apply to
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24 | a contract for personal
services of a wholly ministerial | ||||||
25 | character, including but not
limited to services as a | ||||||
26 | laborer, clerk,
typist, stenographer, page, bookkeeper, |
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1 | receptionist, or telephone
switchboard operator, made
by a | ||||||
2 | spouse or minor child of an elective or appointive State
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3 | officer or employee or of a member
of the General Assembly.
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4 | (4) Child and family services. This Section does not
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5 | apply to payments made
to a member of the General Assembly, | ||||||
6 | a State officer or employee,
his or her spouse or minor
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7 | child acting as a foster parent, homemaker, advocate, or | ||||||
8 | volunteer
for or in behalf of a child or
family served by | ||||||
9 | the Department of Children and Family Services.
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10 | (5) Licensed professionals. Contracts with licensed | ||||||
11 | professionals,
provided they are competitively bid or part | ||||||
12 | of a reimbursement program for
specific, customary goods | ||||||
13 | and services through the Department of Children and
Family | ||||||
14 | Services, the Department of Human Services,
the Department | ||||||
15 | of Healthcare and Family Services, the Department of Public | ||||||
16 | Health, or
the Department on Aging.
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17 | (g) Penalty. A person convicted of a violation of this | ||||||
18 | Section is guilty of
a business offense and shall be fined not | ||||||
19 | less than $1,000 nor more than
$5,000.
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20 | (Source: P.A. 98-1076, eff. 1-1-15 .)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
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