Full Text of HB2559 103rd General Assembly
HB2559 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2559 Introduced 2/15/2023, by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: |
| 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 |
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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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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officials and Employees Ethics Act is | 5 | | amended by changing Section 10-15 as follows: | 6 | | (5 ILCS 430/10-15)
| 7 | | Sec. 10-15. Gift ban; exceptions. The restriction in | 8 | | Section 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 | 24 | | exclusive 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 | 2 | | changing 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 | 6 | | an
elective office in this State,
holding a seat in the General | 7 | | Assembly, or appointed to or
employed in any of the offices or
| 8 | | agencies of State government and who receives compensation for | 9 | | such employment
in excess of 60% of the salary of the Governor | 10 | | of the State of Illinois and is subject to the requirements of | 11 | | subsection (h) of Section 5-45 of the State Officials and | 12 | | Employees Ethics Act , or (ii) who
is an officer or employee of
| 13 | | the Capital Development
Board or the Illinois Toll Highway | 14 | | Authority and is subject to the requirements of subsection (h) | 15 | | of Section 5-45 of the State Officials and Employees Ethics | 16 | | Act , or (iii) who is the spouse
or minor child of any such
| 17 | | person who is subject to the requirements of subsection (h) of | 18 | | Section 5-45 of the State Officials and Employees Ethics Act, | 19 | | to have or acquire any contract, or any direct pecuniary
| 20 | | interest in any contract therein,
whether for stationery, | 21 | | printing, paper, or any services,
materials, or supplies, that | 22 | | will be
wholly or partially satisfied by the payment of funds | 23 | | appropriated
by the General Assembly of
the State of Illinois | 24 | | or in any contract of the Capital
Development Board or the | 25 | | Illinois Toll
Highway Authority.
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| 1 | | (b) Interests. It is unlawful for any firm, partnership,
| 2 | | association, or corporation, in
which any person listed in | 3 | | subsection (a) is entitled to receive (i) more than
7 1/2% of | 4 | | the total
distributable income or (ii) an amount in excess of | 5 | | the salary of the Governor,
to have or acquire any
such | 6 | | contract or direct pecuniary interest therein.
| 7 | | (c) Combined interests. It is unlawful for any firm, | 8 | | partnership,
association, or corporation, in which any person | 9 | | listed in subsection (a)
together with his or her spouse or | 10 | | minor children is entitled to receive (i)
more than 15%, in the | 11 | | aggregate, of the total distributable income or (ii) an
amount | 12 | | in excess of 2 times the salary of the Governor, to have or | 13 | | acquire any
such contract or direct pecuniary interest | 14 | | therein.
| 15 | | (c-5) Appointees and firms. In addition to any provisions | 16 | | of this Code,
the interests of certain
appointees and their | 17 | | firms are subject to Section 3A-35 of the Illinois
| 18 | | Governmental Ethics Act.
| 19 | | (d) Securities. Nothing in this Section invalidates the
| 20 | | provisions of any bond or other
security previously offered or | 21 | | to be offered for sale or sold by
or for the State of Illinois.
| 22 | | (e) Prior interests. This Section does not affect the
| 23 | | validity of any contract made
between the State and an officer | 24 | | or employee of the State or
member of the General Assembly,
his | 25 | | or her spouse, minor child, or other immediate family member | 26 | | living in
his or her residence or any
combination of those |
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| 1 | | persons
if that contract was in
existence before his or her | 2 | | election or employment as an officer,
member, or employee. The
| 3 | | contract is voidable, however, if it cannot be completed | 4 | | within 365 calendar
days after the officer, member,
or | 5 | | employee 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 | 16 | | Section is guilty of
a business offense and shall be fined not | 17 | | less 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 | 21 | | requirement. | 22 | | (a) Any written or oral communication received by a State | 23 | | employee who, by the nature of his or her duties, has the | 24 | | authority to participate personally and substantially in the | 25 | | decision to award a State contract and that imparts or |
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| 1 | | requests material information or makes a material argument | 2 | | regarding potential action concerning an active procurement | 3 | | matter, including, but not limited to, an application, a | 4 | | contract, or a project, shall be reported to the Procurement | 5 | | Policy Board, and, with respect to the Illinois Power Agency, | 6 | | by the initiator of the communication, and may be reported | 7 | | also by the recipient. | 8 | | Any person communicating orally, in writing, | 9 | | electronically, or otherwise with the Director or any person | 10 | | employed by, or associated with, the Illinois Power Agency to | 11 | | impart, solicit, or transfer any information related to the | 12 | | content of any power procurement plan, the manner of | 13 | | conducting any power procurement process, the procurement of | 14 | | any power supply, or the method or structure of contracting | 15 | | with power suppliers must disclose to the Procurement Policy | 16 | | Board the full nature, content, and extent of any such | 17 | | communication in writing by submitting a report with the | 18 | | following 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) | 2 | | statements by a person publicly made in a public forum; (ii) | 3 | | statements regarding matters of procedure and practice, such | 4 | | as format, the number of copies required, the manner of | 5 | | filing, and the status of a matter; (iii) statements made by a | 6 | | State employee of the agency to the agency head or other | 7 | | employees of that agency, to the employees of the Executive | 8 | | Ethics Commission, or to an employee of another State agency | 9 | | who, through the communication, is either (a) exercising his | 10 | | or her experience or expertise in the subject matter of the | 11 | | particular procurement in the normal course of business, for | 12 | | official purposes, and at the initiation of the purchasing | 13 | | agency or the appropriate State purchasing officer, or (b) | 14 | | exercising oversight, supervisory, or management authority | 15 | | over the procurement in the normal course of business and as | 16 | | part of official responsibilities; (iv) unsolicited | 17 | | communications providing general information about a firm's | 18 | | products or , services , or industry best practices provided | 19 | | before those products or services are not directly related to | 20 | | an open procurement matter become involved in a procurement | 21 | | matter ; (v) communications received in response to procurement | 22 | | solicitations, including, but not limited to, vendor responses | 23 | | to a request for information, request for proposal, request | 24 | | for qualifications, invitation for bid, or a small purchase, | 25 | | sole source, or emergency solicitation, or questions and | 26 | | answers posted to the Illinois Procurement Bulletin to |
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| 1 | | supplement the procurement action, provided that the | 2 | | communications are made in accordance with the instructions | 3 | | contained in the procurement solicitation, procedures, or | 4 | | guidelines; (vi) communications that are privileged, | 5 | | protected, or confidential under law; and (vii) communications | 6 | | that are part of a formal procurement process as set out by | 7 | | statute, rule, or the solicitation, guidelines, or procedures, | 8 | | including, but not limited to, the posting of procurement | 9 | | opportunities, the process for approving a procurement | 10 | | business case or its equivalent, fiscal approval, submission | 11 | | of bids, the finalizing of contract terms and conditions with | 12 | | an awardee or apparent awardee, and similar formal procurement | 13 | | processes ; and (viii) communications about proposal | 14 | | deficiencies as provided under Section 35 of the | 15 | | Architectural, Engineering, and Land Surveying Qualifications | 16 | | Based Selection Act . The provisions of this Section shall not | 17 | | apply to communications regarding the administration and | 18 | | implementation of an existing contract, except communications | 19 | | regarding change orders or the renewal or extension of a | 20 | | contract. | 21 | | The reporting requirement does not apply to any | 22 | | communication asking for clarification regarding a contract | 23 | | solicitation so long as there is no competitive advantage to | 24 | | the person or business and the question and answer, if | 25 | | material, are posted to the Illinois Procurement Bulletin as | 26 | | an addendum to the contract solicitation. |
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| 1 | | (b) The report required by subsection (a) shall be | 2 | | submitted monthly and include at least the following: (i) the | 3 | | date and time of each communication; (ii) the identity of each | 4 | | person from whom the written or oral communication was | 5 | | received, the individual or entity represented by that person, | 6 | | and any action the person requested or recommended; (iii) the | 7 | | identity and job title of the person to whom each | 8 | | communication was made; (iv) if a response is made, the | 9 | | identity and job title of the person making each response; (v) | 10 | | a detailed summary of the points made by each person involved | 11 | | in the communication; (vi) the duration of the communication; | 12 | | (vii) the location or locations of all persons involved in the | 13 | | communication and, if the communication occurred by telephone, | 14 | | the telephone numbers for the callers and recipients of the | 15 | | communication; and (viii) any other pertinent information. No | 16 | | trade secrets or other proprietary or confidential information | 17 | | shall be included in any communication reported to the | 18 | | Procurement Policy Board. | 19 | | (c) Additionally, when an oral communication made by a | 20 | | person required to register under the Lobbyist Registration | 21 | | Act is received by a State employee that is covered under this | 22 | | Section, all individuals who initiate or participate in the | 23 | | oral communication shall submit a written report to that State | 24 | | employee that memorializes the communication and includes, but | 25 | | is not limited to, the items listed in subsection (b). | 26 | | (d) The Procurement Policy Board shall make each report |
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| 1 | | submitted pursuant to this Section available on its website | 2 | | within 7 calendar days after its receipt of the report. The | 3 | | Procurement Policy Board may promulgate rules to ensure | 4 | | compliance with this Section. | 5 | | (e) The reporting requirements shall also be conveyed | 6 | | through ethics training under the State Officials and | 7 | | Employees Ethics Act. An employee who knowingly and | 8 | | intentionally violates this Section shall be subject to | 9 | | suspension or discharge. The Executive Ethics Commission shall | 10 | | promulgate rules, including emergency rules, to implement this | 11 | | Section. | 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 | 15 | | beginning with requisition or determination of need by an | 16 | | agency and continuing through the publication of an award | 17 | | notice or other completion of a final procurement action, the | 18 | | resolution of any protests, and the expiration of any protest | 19 | | or Procurement Policy Board review period, if applicable. | 20 | | "Active procurement matter" also includes communications | 21 | | relating to change orders, renewals, or extensions. | 22 | | "Material information" means information that a reasonable | 23 | | person would deem important in determining his or her course | 24 | | of action and pertains to significant issues, including, but | 25 | | not limited to, price, quantity, and terms of payment or | 26 | | performance. |
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| 1 | | "Material argument" means a communication that a | 2 | | reasonable person would believe was made for the purpose of | 3 | | influencing a decision relating to a procurement matter. | 4 | | "Material argument" does not include general information about | 5 | | products, services, or industry best practices or a response | 6 | | to a communication initiated by an employee of the State for | 7 | | the purposes of providing information to evaluate new | 8 | | products, trends, services, or technologies. | 9 | | (Source: P.A. 100-43, eff. 8-9-17.) | 10 | | Section 15. The Architectural, Engineering, and Land | 11 | | Surveying
Qualifications Based Selection Act is amended by | 12 | | changing 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,
| 15 | | discussions, and any presentations, the State agency shall | 16 | | select no less
than 3 firms it determines to be qualified to | 17 | | provide
services for the project and rank them in order of | 18 | | qualifications to
provide services regarding the specific | 19 | | project. The State agency shall
then contact the firm ranked | 20 | | most preferred to negotiate a contract at a
fair and | 21 | | reasonable compensation. If fewer than 3 firms submit letters | 22 | | of
interest and the State agency determines that one or both of | 23 | | those firms
are so qualified, the State agency may proceed to | 24 | | negotiate a contract
under Section 40. The decision of the |
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| 1 | | State agency shall be final and binding.
| 2 | | As part of the State agency's commitment to fostering | 3 | | greater diversity in contracting, the State agency shall | 4 | | publish the list of firms, along with scoring comments, | 5 | | determined to be qualified to provide services under this | 6 | | Section so that all firms have an opportunity to identify ways | 7 | | they may improve proposals in the future. The State agency may | 8 | | communicate with firms who were not selected in order to | 9 | | provide further information about the firm's proposal | 10 | | deficiencies. | 11 | | (Source: P.A. 87-673.)
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