Illinois General Assembly - Bill Status for SB0073
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 Bill Status of SB0073  93rd General Assembly


Short Description:  CONTRACTOR ACCOUNTABILITY ACT

Senate Sponsors
Sen. Debbie DeFrancesco Halvorson - Vince Demuzio - Lawrence M. Walsh - John M. Sullivan - Larry K. Bomke, James T. Meeks, Donne E. Trotter, Don Harmon, Edward D. Maloney, Martin A. Sandoval, Kimberly A. Lightford, Denny Jacobs, Ira I. Silverstein, Terry Link, James A. DeLeo, Susan Garrett, Emil Jones, Jr., Louis S. Viverito, Carol Ronen, Larry D. Woolard, Jeffrey M. Schoenberg, Rickey R. Hendon, M. Maggie Crotty, James F. Clayborne, Jr., William R. Haine, Barack Obama, Mattie Hunter, Iris Y. Martinez, Antonio Munoz and Jacqueline Y. Collins

House Sponsors
(Rep. William Delgado - Brandon W. Phelps - Gary Forby - Kevin Joyce - Eddie Washington, Michael K. Smith, Ricca Slone, Marlow H. Colvin, Karen A. Yarbrough, Richard T. Bradley, Jack McGuire, Lou Lang, Larry McKeon, Robert S. Molaro, John Philip Novak, Mary K. O'Brien, Raymond Poe, Angelo Saviano, Art Tenhouse, William Davis, Frank Aguilar, Bob Biggins, Mike Boland, Daniel J. Burke, Kenneth Dunkin, Mary E. Flowers, Gary Hannig, Constance A. Howard, Karen May, Wyvetter H. Younge, Brent Hassert, Rich Brauer, Jay C. Hoffman, John A. Fritchey, Edward J. Acevedo, Robert Rita, Linda Chapa LaVia, Jim Watson, David R. Leitch, Kevin A. McCarthy, James D. Brosnahan, Cynthia Soto, Patrick Verschoore and Robert F. Flider)

Last Action
DateChamber Action
  9/10/2004SenatePublic Act . . . . . . . . . 93-1035

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Public Service Accountability Act. Sets out the requirements for privatization contracts between contractors and State agencies. Provides for the monitoring and enforcement of privatization contracts. Establishes fines and prison sentences for a violation of certain Sections of the Act. Effective immediately.

Senate Committee Amendment No. 1
Makes changes in the definitions of "State agency" or "agency", "discrimination or retaliation", "person", "public record", and "privatization contract". Requires every bid for a privatization contract to contain details concerning certain positions in which the bidder will employ any person pursuant to the contract and for which the duties are substantially similar to the duties performed by a regular agency employee. Contains provisions concerning the inclusion of comparable health insurance, pension contributions, or the cash value of those benefits and a prevailing wage rate in the minimum compensation requirements for privatization agreements. Provides that every privatization contract shall outline the liability of the parties for failure to meet the disclosure requirements of either the Freedom of Information Act or the Public Service Accountability Act (now, just the Freedom of Information Act). Contains provisions concerning the duties of a State agency to employee organizations representing employees affected by a proposed privatization contract. Requires the employee organization to submit any amendments to a collective bargaining agreement relevant to the proposed privatization contract within 35 working days prior to the final day for the agency to receive sealed bids. Provides that the agency's public designation of the bidder to which it proposes to award a privatization contract must include certain disclosures and certifications (now, just disclosures) and provides that a bidder who does not satisfy those disclosure and certification requirements shall not be awarded a privatization contract. Makes other changes.

Senate Committee Amendment No. 3
Deletes everything. Re-inserts the original provisions but changes the definition of "privatization contract" to exempt certain contracts from the provisions of the Act. Provides that a privatization contract means certain contracts that result in the reduction in force of at least one permanent, classified employee. Makes other changes. Effective immediately.

 Fiscal Note (S-AM 1 & 3) (Bureau of the Budget)
 On reviewing this legislation, the Bureau has determined that the legislation does not propose that the Bureau receive or expend any appropriation, or collect any revenues specified by the legislation. As such, there is no Fiscal Note impact for this bill.

Senate Floor Amendment No. 5
Makes changes concerning the definition of "privatization contract". Removes provisions requiring State agencies to solicit competitive sealed bids for privatization contracts based upon a written statement of the services to be provided under the contract and requiring the agency to publish the statement in the State register not later than 30 days prior to the dates on which bids are due. Removes provisions concerning the details required to be included in a bid for a privatization contract.

Senate Floor Amendment No. 6
Makes changes concerning the types of contracts to which the Act shall not apply.

House Committee Amendment No. 1
Deletes reference to:
New Act
Adds reference to:
5 ILCS 100/5-115from Ch. 127, par. 1005-115
5 ILCS 100/5-120from Ch. 127, par. 1005-120
5 ILCS 100/5-125from Ch. 127, par. 1005-125
30 ILCS 500/30-30

Deletes everything. Amends the Illinois Administrative Procedure Act. When the Joint Committee on Administrative Rules issues a prohibition against a proposed administrative rule or rule change, authorizes the General Assembly to discontinue the prohibition by joint resolution (now, the General Assembly may continue the prohibition by resolution). Authorizes the General Assembly by joint resolution to discontinue the suspension of an emergency or peremptory rule (now, the General Assembly may continue a suspension by resolution). Provides that a joint resolution may be introduced by any member of the General Assembly (now, JCAR introduces). Authorized the Joint Committee to withdraw a statement of prohibition or suspension within 180 days after its issuance. Permits an agency to propose changes to a rule for which a statement of prohibition or suspension has been issued and provides that an agency proposing such changes is subject to the same requirements of a second notice period that apply to general rulemaking. Allows an agency to file a new emergency rule if certain requirements are met. Amends the Illinois Procurement Code. With respect to the requirement of separate bids on specified work subdivisions for construction contracts exceeding a value of $250,000, for a period of 2 years exempts a contract for construction of an Emergency Operations Center for the Illinois Emergency Management Agency if (i) a majority of the funding comes from federal funds, (ii) the successful bid identifies the cost of each work subdivision and any subcontractor, and (iii) the written consent of the Capital Development Board is required for the termination of an identified subcontractor. Effective immediately.

Actions 
DateChamber Action
  1/22/2003SenateFiled with Secretary by Sen. Debbie DeFrancesco Halvorson
  1/22/2003SenateChief Co-Sponsor Sen. Vince Demuzio
  1/22/2003SenateChief Co-Sponsor Sen. Lawrence M. Walsh
  1/22/2003SenateChief Co-Sponsor Sen. John M. Sullivan
  1/22/2003SenateFirst Reading
  1/22/2003SenateReferred to Rules
  1/22/2003SenateAdded as Co-Sponsor Sen. James T. Meeks
  1/23/2003SenateAdded as Chief Co-Sponsor Sen. Edward D. Maloney
  1/24/2003SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  1/27/2003SenateAdded as Co-Sponsor Sen. Don Harmon
  1/28/2003SenateSponsor Removed Sen. Edward D. Maloney
  1/28/2003SenateAdded as Co-Sponsor Sen. Edward D. Maloney
  1/28/2003SenateAdded as Chief Co-Sponsor Sen. Larry K. Bomke
  1/29/2003SenateAssigned to Labor & Commerce
  1/29/2003SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  1/29/2003SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  2/4/2003SenateAdded as Co-Sponsor Sen. Denny Jacobs
  2/4/2003SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  2/4/2003SenateAdded as Co-Sponsor Sen. Terry Link
  2/6/2003SenateAdded as Co-Sponsor Sen. James A. DeLeo
  2/6/2003SenateAdded as Co-Sponsor Sen. Susan Garrett
  2/18/2003SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  2/18/2003SenateAdded as Co-Sponsor Sen. Emil Jones, Jr.
  2/18/2003SenateAdded as Co-Sponsor Sen. Louis S. Viverito
  2/18/2003SenateAdded as Co-Sponsor Sen. Carol Ronen
  2/18/2003SenateAdded as Co-Sponsor Sen. Larry D. Woolard
  2/18/2003SenateAdded as Co-Sponsor Sen. Jeffrey M. Schoenberg
  2/18/2003SenateAdded as Co-Sponsor Sen. Rickey R. Hendon
  2/18/2003SenateAdded as Co-Sponsor Sen. M. Maggie Crotty
  2/18/2003SenateAdded as Co-Sponsor Sen. James F. Clayborne, Jr.
  2/18/2003SenateAdded as Co-Sponsor Sen. William R. Haine
  2/19/2003SenateAdded as Co-Sponsor Sen. Barack Obama
  2/19/2003SenateAdded as Co-Sponsor Sen. Mattie Hunter
  2/19/2003SenateAdded as Co-Sponsor Sen. Richard J. Winkel, Jr.
  2/19/2003SenateAdded as Co-Sponsor Sen. John O. Jones
  2/19/2003SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  2/19/2003SenateAdded as Co-Sponsor Sen. Antonio Munoz
  2/24/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  2/24/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  2/26/2003SenateSenate Committee Amendment No. 1 Rules Refers to Labor & Commerce
  2/28/2003SenateHeld in Labor & Commerce
  3/3/2003SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  3/3/2003SenateSenate Committee Amendment No. 2 Referred to Rules
  3/4/2003SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  3/4/2003SenateSenate Committee Amendment No. 3 Referred to Rules
  3/5/2003SenateSenate Committee Amendment No. 3 Rules Refers to Labor & Commerce
  3/5/2003SenateSenate Committee Amendment No. 1 Adopted
  3/5/2003SenateSenate Committee Amendment No. 3 Adopted
  3/6/2003SenateDo Pass as Amended Labor & Commerce; 006-004-000
  3/6/2003SenatePlaced on Calendar Order of 2nd Reading March 11, 2003
  3/11/2003SenateFiscal Note Requested by Sen. Kathleen L. Wojcik
  3/21/2003SenateSponsor Removed Sen. Richard J. Winkel, Jr.
  3/21/2003SenateSponsor Removed Sen. John O. Jones
  3/26/2003SenateSecond Reading
  3/26/2003SenatePlaced on Calendar Order of 3rd Reading March 27, 2003
  3/26/2003SenateSponsor Removed Sen. Jacqueline Y. Collins
  3/26/2003SenateFiscal Note Requested by Sen. Kathleen L. Wojcik
  3/27/2003SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  3/27/2003SenateSenate Floor Amendment No. 4 Referred to Rules
  4/1/2003SenateFiscal Note Filed as Amended by Senate Committee Amendment No. 1 and 3. From the Bureau of the Budget
  4/2/2003SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  4/2/2003SenateSenate Floor Amendment No. 5 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 4 Rules Refers to Labor & Commerce
  4/2/2003SenateSenate Floor Amendment No. 5 Rules Refers to Labor & Commerce
  4/2/2003SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  4/2/2003SenateSenate Floor Amendment No. 6 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  4/2/2003SenateSenate Floor Amendment No. 6 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 4 Tabled in Labor & Commerce
  4/2/2003SenateSenate Floor Amendment No. 5 Be Adopted Labor & Commerce; 006-002-001
  4/2/2003SenateRecalled to Second Reading
  4/2/2003SenateSenate Floor Amendment No. 5 Adopted; Halvorson
  4/2/2003SenatePlaced on Calendar Order of 3rd Reading April 3, 2003
  4/3/2003SenateSenate Floor Amendment No. 6 Rules Refers to Executive
  4/3/2003SenateSenate Floor Amendment No. 6 Be Adopted Executive; 012-000-000
  4/4/2003SenateThird Reading Deadline Extended - Rule 2-10(e) to April 9, 2003.
  4/8/2003SenateRecalled to Second Reading
  4/8/2003SenateSenate Floor Amendment No. 6 Adopted; Halvorson
  4/8/2003SenatePlaced on Calendar Order of 3rd Reading
  4/8/2003SenateThird Reading - Passed; 036-020-000
  4/8/2003SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/9/2003HouseArrived in House
  4/9/2003HouseChief House Sponsor Rep. William Delgado
  4/9/2003HouseFirst Reading
  4/9/2003HouseReferred to Rules Committee
  4/14/2003HouseAssigned to Executive Committee
  4/29/2003HouseAdded Alternate Chief Co-Sponsor Rep. Brandon W. Phelps
  4/29/2003HouseAdded Alternate Chief Co-Sponsor Rep. Gary Forby
  4/29/2003HouseAdded Alternate Chief Co-Sponsor Rep. Kevin Joyce
  4/29/2003HouseAdded Alternate Chief Co-Sponsor Rep. Eddie Washington
  4/29/2003HouseAdded Alternate Co-Sponsor Rep. Michael K. Smith
  4/29/2003HouseAdded Alternate Co-Sponsor Rep. Ricca Slone
  5/2/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2003
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Marlow H. Colvin
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough
  5/7/2003HouseAdded Alternate Co-Sponsor Rep. Richard T. Bradley
  5/8/2003HouseAdded Alternate Co-Sponsor Rep. Jack McGuire
  5/8/2003HouseAdded Alternate Co-Sponsor Rep. Lou Lang
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Larry McKeon
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Robert S. Molaro
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. John Philip Novak
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Mary K. O'Brien
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Raymond Poe
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Angelo Saviano
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Art Tenhouse
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Frank Aguilar
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Bob Biggins
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Mike Boland
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Kenneth Dunkin
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Gary Hannig
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Constance A. Howard
  5/15/2003HouseAdded Alternate Co-Sponsor Rep. Karen May
  5/20/2003HouseAdded Alternate Co-Sponsor Rep. Wyvetter H. Younge
  5/20/2003HouseAdded Alternate Co-Sponsor Rep. Brent Hassert
  5/20/2003HouseAdded Alternate Co-Sponsor Rep. Rich Brauer
  5/20/2003HouseAdded Alternate Co-Sponsor Rep. Jay C. Hoffman
  5/20/2003HouseAdded Alternate Co-Sponsor Rep. John A. Fritchey
  5/20/2003HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  5/20/2003HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/20/2003HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Jim Watson
  6/1/2003HouseRule 19(a) / Re-referred to Rules Committee
  7/23/2004HouseFinal Action Deadline Extended-9(b) July 31, 2004
  7/23/2004HouseAssigned to State Government Administration Committee
  7/23/2004HouseMotion to Suspend Rule 25 - Prevailed
  7/23/2004HouseHouse Committee Amendment No. 1 Filed with Clerk by State Government Administration Committee
  7/23/2004HouseHouse Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
  7/23/2004HouseDo Pass as Amended / Short Debate State Government Administration Committee; 009-000-000
  7/23/2004HousePlaced on Calendar 2nd Reading - Short Debate
  7/23/2004HouseSecond Reading - Short Debate
  7/23/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate
  7/24/2004HouseAdded Alternate Co-Sponsor Rep. David R. Leitch
  7/24/2004HouseAdded Alternate Co-Sponsor Rep. Kevin A. McCarthy
  7/24/2004HouseAdded Alternate Co-Sponsor Rep. James D. Brosnahan
  7/24/2004HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  7/24/2004HouseAdded Alternate Co-Sponsor Rep. Patrick Verschoore
  7/24/2004House3/5 Vote Required
  7/24/2004HouseThird Reading - Short Debate - Passed 110-004-001
  7/24/2004HouseAdded Alternate Co-Sponsor Rep. Robert F. Flider
  7/24/2004SenateSecretary's Desk - Concurrence House Amendment(s) 01
  7/24/2004SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-July 24, 2004
  7/24/2004SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Debbie DeFrancesco Halvorson
  7/24/2004SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  7/24/2004SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to State Government
  7/24/2004SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration State Government; 009-000-000
  7/24/2004Senate3/5 Vote Required
  7/24/2004SenateHouse Committee Amendment No. 1 Senate Concurs 049-005-000
  7/24/2004SenatePassed Both Houses
  8/4/2004SenateSent to the Governor
  9/10/2004SenateGovernor Approved
  9/10/2004SenateEffective Date September 10, 2004
  9/10/2004SenatePublic Act . . . . . . . . . 93-1035

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