97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1371

 

Introduced 2/8/2011, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/50-39

    Amends the Illinois Procurement Code. Provides that communications received by State employees regarding procurement matters that must be reported to the Procurement Policy Board do not include those related to the qualifications based selection process for architectural, engineering, and land surveying services and do not include those concerning procurement matters of $250,000 or less. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1371LRB097 08068 PJG 48191 b

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 Illinois Procurement Code is amended by
5changing Section 50-39 as follows:
 
6    (30 ILCS 500/50-39)
7    Sec. 50-39. Procurement communications reporting
8requirement.
9    (a) Any written or oral communication, excluding those
10related to the qualifications based selection process as set
11forth in the Architectural, Engineering, and Land Surveying
12Qualifications Based Selection Act, received by a State
13employee that imparts or requests material information or makes
14a material argument regarding potential action concerning a
15procurement matter in excess of $250,000, including, but not
16limited to, an application, a contract, or a project, shall be
17reported to the Procurement Policy Board. These communications
18do not include the following: (i) statements by a person
19publicly made in a public forum; (ii) statements regarding
20matters of procedure and practice, such as format, the number
21of copies required, the manner of filing, and the status of a
22matter; and (iii) statements made by a State employee of the
23agency to the agency head or other employees of that agency or

 

 

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1to the employees of the Executive Ethics Commission. The
2provisions of this Section shall not apply to communications
3regarding the administration and implementation of an existing
4contract, except communications regarding change orders or the
5renewal or extension of a contract.
6    (b) The report required by subsection (a) shall be
7submitted monthly and include at least the following: (i) the
8date and time of each communication; (ii) the identity of each
9person from whom the written or oral communication was
10received, the individual or entity represented by that person,
11and any action the person requested or recommended; (iii) the
12identity and job title of the person to whom each communication
13was made; (iv) if a response is made, the identity and job
14title of the person making each response; (v) a detailed
15summary of the points made by each person involved in the
16communication; (vi) the duration of the communication; (vii)
17the location or locations of all persons involved in the
18communication and, if the communication occurred by telephone,
19the telephone numbers for the callers and recipients of the
20communication; and (viii) any other pertinent information.
21    (c) Additionally, when an oral communication made by a
22person required to register under the Lobbyist Registration Act
23is received by a State employee that is covered under this
24Section, all individuals who initiate or participate in the
25oral communication shall submit a written report to that State
26employee that memorializes the communication and includes, but

 

 

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1is not limited to, the items listed in subsection (b).
2    (d) The Procurement Policy Board shall make each report
3submitted pursuant to this Section available on its website
4within 7 days after its receipt of the report. The Procurement
5Policy Board may promulgate rules to ensure compliance with
6this Section.
7    (e) The reporting requirements shall also be conveyed
8through ethics training under the State Employees and Officials
9and Employees Ethics Act. An employee who knowingly and
10intentionally violates this Section shall be subject to
11suspension or discharge. The Executive Ethics Commission shall
12promulgate rules, including emergency rules, to implement this
13Section.
14    (f) This Section becomes operative on January 1, 2011.
15(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
16for the effective date of changes made by P.A. 96-795); 96-920,
17eff. 7-1-10; revised 9-27-10.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.