State of Illinois
2023 and 2024


Introduced 2/15/2023, by Rep. Martin J. Moylan


5 ILCS 430/10-15
30 ILCS 500/50-13
30 ILCS 500/50-39
30 ILCS 535/35  from Ch. 127, par. 4151-35

    Amends the State Officials and Employees Ethics Act. Provides that the gift ban requirements specified under the Act do not apply to attendance at professional conferences or events. Amends the Illinois Procurement Code. Attaches specified revolving door prohibition requirements to specified government officers and employees concerning conflicts of interest under the Code. Exempts communications providing general information about a firm and communications about proposal deficiencies under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act from procurement communications reporting requirements. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that a State agency shall publish the list of firms, along with scoring comments, determined to be qualified to provide services so that all firms have an opportunity to identify ways they may improve proposals in the future. Provides that a State agency may communicate with firms who were not selected in order to provide further information about the firm's proposal deficiencies.

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1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 10-15 as follows:
6    (5 ILCS 430/10-15)
7    Sec. 10-15. Gift ban; exceptions. The restriction in
8Section 10-10 does not apply to the following:
9        (1) Opportunities, benefits, and services that are
10    available on the same conditions as for the general
11    public.
12        (2) Anything for which the officer, member, or State
13    employee pays the market value.
14        (3) Any (i) contribution that is lawfully made under
15    the Election Code or under this Act or (ii) activities
16    associated with a fundraising event in support of a
17    political organization or candidate.
18        (4) Educational materials and missions. This exception
19    may be further defined by rules adopted by the appropriate
20    ethics commission or by the Auditor General for the
21    Auditor General and employees of the Office of the Auditor
22    General.
23        (5) Travel expenses for a meeting to discuss State



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1    business. This exception may be further defined by rules
2    adopted by the appropriate ethics commission or by the
3    Auditor General for the Auditor General and employees of
4    the Office of the Auditor General.
5        (6) A gift from a relative, meaning those people
6    related to the individual as father, mother, son,
7    daughter, brother, sister, uncle, aunt, great aunt, great
8    uncle, first cousin, nephew, niece, husband, wife,
9    grandfather, grandmother, grandson, granddaughter,
10    father-in-law, mother-in-law, son-in-law,
11    daughter-in-law, brother-in-law, sister-in-law,
12    stepfather, stepmother, stepson, stepdaughter,
13    stepbrother, stepsister, half brother, half sister, and
14    including the father, mother, grandfather, or grandmother
15    of the individual's spouse and the individual's fiance or
16    fiancee.
17        (7) Anything provided by an individual on the basis of
18    a personal friendship unless the member, officer, or
19    employee has reason to believe that, under the
20    circumstances, the gift was provided because of the
21    official position or employment of the member, officer, or
22    employee and not because of the personal friendship.
23        In determining whether a gift is provided on the basis
24    of personal friendship, the member, officer, or employee
25    shall consider the circumstances under which the gift was
26    offered, such as:



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1            (i) the history of the relationship between the
2        individual giving the gift and the recipient of the
3        gift, including any previous exchange of gifts between
4        those individuals;
5            (ii) whether to the actual knowledge of the
6        member, officer, or employee the individual who gave
7        the gift personally paid for the gift or sought a tax
8        deduction or business reimbursement for the gift; and
9            (iii) whether to the actual knowledge of the
10        member, officer, or employee the individual who gave
11        the gift also at the same time gave the same or similar
12        gifts to other members, officers, or employees.
13        (8) Food or refreshments not exceeding $75 per person
14    in value on a single calendar day; provided that the food
15    or refreshments are (i) consumed on the premises from
16    which they were purchased or prepared or (ii) catered. For
17    the purposes of this Section, "catered" means food or
18    refreshments that are purchased ready to eat and delivered
19    by any means.
20        (9) Food, refreshments, lodging, transportation, and
21    other benefits resulting from the outside business or
22    employment activities (or outside activities that are not
23    connected to the duties of the officer, member, or
24    employee as an office holder or employee) of the officer,
25    member, or employee, or the spouse of the officer, member,
26    or employee, if the benefits have not been offered or



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1    enhanced because of the official position or employment of
2    the officer, member, or employee, and are customarily
3    provided to others in similar circumstances.
4        (10) Intra-governmental and inter-governmental gifts.
5    For the purpose of this Act, "intra-governmental gift"
6    means any gift given to a member, officer, or employee of a
7    State agency from another member, officer, or employee of
8    the same State agency; and "inter-governmental gift" means
9    any gift given to a member, officer, or employee of a State
10    agency, by a member, officer, or employee of another State
11    agency, of a federal agency, or of any governmental
12    entity.
13        (11) Bequests, inheritances, and other transfers at
14    death.
15        (12) Any item or items from any one prohibited source
16    during any calendar year having a cumulative total value
17    of less than $100.
18        (13) Any food, refreshments, or other items provided
19    to an employee who is attending a professional conference
20    or event if the food, refreshments, or items are made
21    available to all other attendees of the conference or
22    event.
23    Each of the exceptions listed in this Section is mutually
24exclusive and independent of one another.
25(Source: P.A. 93-617, eff. 12-9-03.)



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1    Section 10. The Illinois Procurement Code is amended by
2changing Sections 50-13, 50-39, and 50-65 as follows:
3    (30 ILCS 500/50-13)
4    Sec. 50-13. Conflicts of interest.
5    (a) Prohibition. It is unlawful for any person (i) holding
6an elective office in this State, holding a seat in the General
7Assembly, or appointed to or employed in any of the offices or
8agencies of State government and who receives compensation for
9such employment in excess of 60% of the salary of the Governor
10of the State of Illinois and is subject to the requirements of
11subsection (h) of Section 5-45 of the State Officials and
12Employees Ethics Act, or (ii) who is an officer or employee of
13the Capital Development Board or the Illinois Toll Highway
14Authority and is subject to the requirements of subsection (h)
15of Section 5-45 of the State Officials and Employees Ethics
16Act, or (iii) who is the spouse or minor child of any such
17person who is subject to the requirements of subsection (h) of
18Section 5-45 of the State Officials and Employees Ethics Act,
19to have or acquire any contract, or any direct pecuniary
20interest in any contract therein, whether for stationery,
21printing, paper, or any services, materials, or supplies, that
22will be wholly or partially satisfied by the payment of funds
23appropriated by the General Assembly of the State of Illinois
24or in any contract of the Capital Development Board or the
25Illinois Toll Highway Authority.



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1    (b) Interests. It is unlawful for any firm, partnership,
2association, or corporation, in which any person listed in
3subsection (a) is entitled to receive (i) more than 7 1/2% of
4the total distributable income or (ii) an amount in excess of
5the salary of the Governor, to have or acquire any such
6contract or direct pecuniary interest therein.
7    (c) Combined interests. It is unlawful for any firm,
8partnership, association, or corporation, in which any person
9listed in subsection (a) together with his or her spouse or
10minor children is entitled to receive (i) more than 15%, in the
11aggregate, of the total distributable income or (ii) an amount
12in excess of 2 times the salary of the Governor, to have or
13acquire any such contract or direct pecuniary interest
15    (c-5) Appointees and firms. In addition to any provisions
16of this Code, the interests of certain appointees and their
17firms are subject to Section 3A-35 of the Illinois
18Governmental Ethics Act.
19    (d) Securities. Nothing in this Section invalidates the
20provisions of any bond or other security previously offered or
21to be offered for sale or sold by or for the State of Illinois.
22    (e) Prior interests. This Section does not affect the
23validity of any contract made between the State and an officer
24or employee of the State or member of the General Assembly, his
25or her spouse, minor child, or other immediate family member
26living in his or her residence or any combination of those



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1persons if that contract was in existence before his or her
2election or employment as an officer, member, or employee. The
3contract is voidable, however, if it cannot be completed
4within 365 calendar days after the officer, member, or
5employee takes office or is employed.
6    (f) Exceptions.
7        (1) Public aid payments. This Section does not apply
8    to payments made for a public aid recipient.
9        (2) Teaching. This Section does not apply to a
10    contract for personal services as a teacher or school
11    administrator between a member of the General Assembly or
12    his or her spouse, or a State officer or employee or his or
13    her spouse, and any school district, public community
14    college district, the University of Illinois, Southern
15    Illinois University, Illinois State University, Eastern
16    Illinois University, Northern Illinois University, Western
17    Illinois University, Chicago State University, Governors
18    State University, or Northeastern Illinois University.
19        (3) Ministerial duties. This Section does not apply to
20    a contract for personal services of a wholly ministerial
21    character, including but not limited to services as a
22    laborer, clerk, typist, stenographer, page, bookkeeper,
23    receptionist, or telephone switchboard operator, made by a
24    spouse or minor child of an elective or appointive State
25    officer or employee or of a member of the General
26    Assembly.



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1        (4) Child and family services. This Section does not
2    apply to payments made to a member of the General
3    Assembly, a State officer or employee, his or her spouse
4    or minor child acting as a foster parent, homemaker,
5    advocate, or volunteer for or in behalf of a child or
6    family served by the Department of Children and Family
7    Services.
8        (5) Licensed professionals. Contracts with licensed
9    professionals, provided they are competitively bid or part
10    of a reimbursement program for specific, customary goods
11    and services through the Department of Children and Family
12    Services, the Department of Human Services, the Department
13    of Healthcare and Family Services, the Department of
14    Public Health, or the Department on Aging.
15    (g) Penalty. A person convicted of a violation of this
16Section is guilty of a business offense and shall be fined not
17less than $1,000 nor more than $5,000.
18(Source: P.A. 101-81, eff. 7-12-19.)
19    (30 ILCS 500/50-39)
20    Sec. 50-39. Procurement communications reporting
22    (a) Any written or oral communication received by a State
23employee who, by the nature of his or her duties, has the
24authority to participate personally and substantially in the
25decision to award a State contract and that imparts or



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1requests material information or makes a material argument
2regarding potential action concerning an active procurement
3matter, including, but not limited to, an application, a
4contract, or a project, shall be reported to the Procurement
5Policy Board, and, with respect to the Illinois Power Agency,
6by the initiator of the communication, and may be reported
7also by the recipient.
8    Any person communicating orally, in writing,
9electronically, or otherwise with the Director or any person
10employed by, or associated with, the Illinois Power Agency to
11impart, solicit, or transfer any information related to the
12content of any power procurement plan, the manner of
13conducting any power procurement process, the procurement of
14any power supply, or the method or structure of contracting
15with power suppliers must disclose to the Procurement Policy
16Board the full nature, content, and extent of any such
17communication in writing by submitting a report with the
18following information:
19        (1) The names of any party to the communication.
20        (2) The date on which the communication occurred.
21        (3) The time at which the communication occurred.
22        (4) The duration of the communication.
23        (5) The method (written, oral, etc.) of the
24    communication.
25        (6) A summary of the substantive content of the
26    communication.



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1    These communications do not include the following: (i)
2statements by a person publicly made in a public forum; (ii)
3statements regarding matters of procedure and practice, such
4as format, the number of copies required, the manner of
5filing, and the status of a matter; (iii) statements made by a
6State employee of the agency to the agency head or other
7employees of that agency, to the employees of the Executive
8Ethics Commission, or to an employee of another State agency
9who, through the communication, is either (a) exercising his
10or her experience or expertise in the subject matter of the
11particular procurement in the normal course of business, for
12official purposes, and at the initiation of the purchasing
13agency or the appropriate State purchasing officer, or (b)
14exercising oversight, supervisory, or management authority
15over the procurement in the normal course of business and as
16part of official responsibilities; (iv) unsolicited
17communications providing general information about a firm's
18products or , services, or industry best practices provided
19before those products or services are not directly related to
20an open procurement matter become involved in a procurement
21matter; (v) communications received in response to procurement
22solicitations, including, but not limited to, vendor responses
23to a request for information, request for proposal, request
24for qualifications, invitation for bid, or a small purchase,
25sole source, or emergency solicitation, or questions and
26answers posted to the Illinois Procurement Bulletin to



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1supplement the procurement action, provided that the
2communications are made in accordance with the instructions
3contained in the procurement solicitation, procedures, or
4guidelines; (vi) communications that are privileged,
5protected, or confidential under law; and (vii) communications
6that are part of a formal procurement process as set out by
7statute, rule, or the solicitation, guidelines, or procedures,
8including, but not limited to, the posting of procurement
9opportunities, the process for approving a procurement
10business case or its equivalent, fiscal approval, submission
11of bids, the finalizing of contract terms and conditions with
12an awardee or apparent awardee, and similar formal procurement
13processes; and (viii) communications about proposal
14deficiencies as provided under Section 35 of the
15Architectural, Engineering, and Land Surveying Qualifications
16Based Selection Act. The provisions of this Section shall not
17apply to communications regarding the administration and
18implementation of an existing contract, except communications
19regarding change orders or the renewal or extension of a
21    The reporting requirement does not apply to any
22communication asking for clarification regarding a contract
23solicitation so long as there is no competitive advantage to
24the person or business and the question and answer, if
25material, are posted to the Illinois Procurement Bulletin as
26an addendum to the contract solicitation.



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1    (b) The report required by subsection (a) shall be
2submitted monthly and include at least the following: (i) the
3date and time of each communication; (ii) the identity of each
4person from whom the written or oral communication was
5received, the individual or entity represented by that person,
6and any action the person requested or recommended; (iii) the
7identity and job title of the person to whom each
8communication was made; (iv) if a response is made, the
9identity and job title of the person making each response; (v)
10a detailed summary of the points made by each person involved
11in the communication; (vi) the duration of the communication;
12(vii) the location or locations of all persons involved in the
13communication and, if the communication occurred by telephone,
14the telephone numbers for the callers and recipients of the
15communication; and (viii) any other pertinent information. No
16trade secrets or other proprietary or confidential information
17shall be included in any communication reported to the
18Procurement Policy Board.
19    (c) Additionally, when an oral communication made by a
20person required to register under the Lobbyist Registration
21Act is received by a State employee that is covered under this
22Section, all individuals who initiate or participate in the
23oral communication shall submit a written report to that State
24employee that memorializes the communication and includes, but
25is not limited to, the items listed in subsection (b).
26    (d) The Procurement Policy Board shall make each report



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1submitted pursuant to this Section available on its website
2within 7 calendar days after its receipt of the report. The
3Procurement Policy Board may promulgate rules to ensure
4compliance with this Section.
5    (e) The reporting requirements shall also be conveyed
6through ethics training under the State Officials and
7Employees Ethics Act. An employee who knowingly and
8intentionally violates this Section shall be subject to
9suspension or discharge. The Executive Ethics Commission shall
10promulgate rules, including emergency rules, to implement this
12    (f) This Section becomes operative on January 1, 2011.
13    (g) For purposes of this Section:
14    "Active procurement matter" means a procurement process
15beginning with requisition or determination of need by an
16agency and continuing through the publication of an award
17notice or other completion of a final procurement action, the
18resolution of any protests, and the expiration of any protest
19or Procurement Policy Board review period, if applicable.
20"Active procurement matter" also includes communications
21relating to change orders, renewals, or extensions.
22    "Material information" means information that a reasonable
23person would deem important in determining his or her course
24of action and pertains to significant issues, including, but
25not limited to, price, quantity, and terms of payment or



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1    "Material argument" means a communication that a
2reasonable person would believe was made for the purpose of
3influencing a decision relating to a procurement matter.
4"Material argument" does not include general information about
5products, services, or industry best practices or a response
6to a communication initiated by an employee of the State for
7the purposes of providing information to evaluate new
8products, trends, services, or technologies.
9(Source: P.A. 100-43, eff. 8-9-17.)
10    Section 15. The Architectural, Engineering, and Land
11Surveying Qualifications Based Selection Act is amended by
12changing Section 35 as follows:
13    (30 ILCS 535/35)  (from Ch. 127, par. 4151-35)
14    Sec. 35. Selection procedure. On the basis of evaluations,
15discussions, and any presentations, the State agency shall
16select no less than 3 firms it determines to be qualified to
17provide services for the project and rank them in order of
18qualifications to provide services regarding the specific
19project. The State agency shall then contact the firm ranked
20most preferred to negotiate a contract at a fair and
21reasonable compensation. If fewer than 3 firms submit letters
22of interest and the State agency determines that one or both of
23those firms are so qualified, the State agency may proceed to
24negotiate a contract under Section 40. The decision of the



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1State agency shall be final and binding.
2    As part of the State agency's commitment to fostering
3greater diversity in contracting, the State agency shall
4publish the list of firms, along with scoring comments,
5determined to be qualified to provide services under this
6Section so that all firms have an opportunity to identify ways
7they may improve proposals in the future. The State agency may
8communicate with firms who were not selected in order to
9provide further information about the firm's proposal
11(Source: P.A. 87-673.)