Full Text of SB1470 96th General Assembly
SB1470sam001 96TH GENERAL ASSEMBLY
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Sen. Christine Radogno
Filed: 3/4/2009
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| AMENDMENT TO SENATE BILL 1470
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| AMENDMENT NO. ______. Amend Senate Bill 1470 by replacing | 3 |
| everything after the enacting clause with the following:
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| "ARTICLE 1 | 5 |
| Section 1-1. Short title. This Article may be cited as the | 6 |
| Legislative Contract Disclosure Act.
| 7 |
| Section 1-5. Definitions. For purposes of this Article: | 8 |
| "Affiliated entity" has the same meaning as in Section | 9 |
| 50-37 of the Illinois Procurement Code. | 10 |
| "Affiliated person" has the same meaning as in Section | 11 |
| 50-37 of the Illinois Procurement Code. | 12 |
| "Contract" means any contract or agreement for goods or | 13 |
| services executed by a member of the General Assembly, | 14 |
| legislative office, or legislative agency, with an annual value | 15 |
| of $50,000 or more, except, regardless of amount, "contract" as |
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| used in this Article shall not include the following: | 2 |
| (1) Contracts with State agencies or officers or other | 3 |
| political subdivisions; | 4 |
| (2) Hiring of an individual as an employee or | 5 |
| independent contractor, whether pursuant to an employment | 6 |
| code or policy or by contract directly with that | 7 |
| individual; | 8 |
| (3) Collective bargaining contracts; | 9 |
| (4) Purchase of real estate; or | 10 |
| (5) Contracts necessary to prepare for anticipated | 11 |
| litigation, enforcement actions, or investigations. | 12 |
| "Contracting entity" means an entity that has executed a | 13 |
| contract with the member of the General Assembly, legislative | 14 |
| office, or legislative agency. | 15 |
| "Executive employee" has the same meaning as in Section | 16 |
| 50-37 of the Illinois Procurement Code. | 17 |
| Section 1-10. Notice. Notice of the execution of contracts | 18 |
| shall be posted on the website of the Illinois General Assembly | 19 |
| that includes a brief description of the purpose of the | 20 |
| contract and disclosure of the names of the following: | 21 |
| (1) The contracting entity; | 22 |
| (2) Any entity that is a parent of, or owns a | 23 |
| controlling interest in, the contracting
entity;
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| (3) Any entity that is a subsidiary of, or owns a | 25 |
| controlling interest in, the contracting entity; |
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| (4) Any subcontractor that will be contracting with the | 2 |
| contracting entity; | 3 |
| (5) Any State, local, or federal political committee | 4 |
| that makes or may make political contributions on behalf of | 5 |
| or at the direction of the contracting entity; and | 6 |
| (6) The affiliated entities and affiliated persons of | 7 |
| the contracting entity and any subcontractor. | 8 |
| This notice shall be posted within 10 business days after the | 9 |
| contract is awarded. | 10 |
| Section 1-15. Application. This Article applies to | 11 |
| contracts executed on or after the effective date of this Act. | 12 |
| ARTICLE 5 | 13 |
| Section 5-1. Short title. This Article may be cited as the | 14 |
| Lieutenant Governor's Contract Disclosure Act . | 15 |
| Section 5-5. Definitions. For purposes of this Article: | 16 |
| "Affiliated entity" has the same meaning as in Section | 17 |
| 50-37 of the Illinois Procurement Code. | 18 |
| "Affiliated person" has the same meaning as in Section | 19 |
| 50-37 of the Illinois Procurement Code. | 20 |
| "Contract" means any contract or agreement for goods or | 21 |
| services executed by the office of the Lieutenant Governor with | 22 |
| an annual value of $50,000 or more, except, regardless of |
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| amount, "contract" as used in this Section shall not include | 2 |
| the following: | 3 |
| (1) Contracts with State agencies or officers or other | 4 |
| political subdivisions; | 5 |
| (2) Hiring of an individual as an employee or | 6 |
| independent contractor, whether pursuant to an employment | 7 |
| code or policy or by contract directly with that | 8 |
| individual; | 9 |
| (3) Collective bargaining contracts; | 10 |
| (4) Purchase of real estate; or | 11 |
| (5) Contracts necessary to prepare for anticipated | 12 |
| litigation, enforcement actions, or investigations. | 13 |
| "Contracting entity" means an entity that has executed a | 14 |
| contract with the Office of the Lieutenant Governor.
| 15 |
| "Executive employee" has the same meaning as in Section | 16 |
| 50-37 of the Illinois Procurement Code. | 17 |
| Section 5-10. Notice. Notice of the execution of contracts | 18 |
| shall be posted on the website of the Office of the Lieutenant | 19 |
| Governor that includes a brief description of the purpose of | 20 |
| the contract and disclosure of the names of the following: | 21 |
| (1) The contracting entity; | 22 |
| (2) Any entity that is a parent of, or owns a | 23 |
| controlling interest in, the contracting
entity; | 24 |
| (3) Any entity that is a subsidiary of, or owns a | 25 |
| controlling interest in, the contracting entity; |
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| (4) Any subcontractor that will be contracting with the | 2 |
| contracting entity; | 3 |
| (5) Any State, local, or federal political committee | 4 |
| that makes or may make political contributions on behalf of | 5 |
| or at the direction of the contracting entity; and | 6 |
| (6) The affiliated entities and affiliated persons of | 7 |
| the contracting entity and any subcontractor.
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| This notice shall be posted within 10 business days after the | 9 |
| contract is awarded. | 10 |
| Section 5-15. Application. This Article applies to | 11 |
| contracts executed on or after the effective date of this Act. | 12 |
| ARTICLE 90 | 13 |
| Section 90-5. The State Budget Law is amended by adding | 14 |
| Section 50-25 as follows: | 15 |
| (15 ILCS 20/50-25 new)
| 16 |
| Sec. 50-25. Governor's Contract Disclosure.
| 17 |
| (a) For purposes of this Section:
| 18 |
| "Affiliated entity" has the same meaning as in Section | 19 |
| 50-37 of the Illinois Procurement Code. | 20 |
| "Affiliated person" has the same meaning as in Section | 21 |
| 50-37 of the Illinois Procurement Code. | 22 |
| "Contract" means any contract or agreement for goods or |
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| services executed by the Office of the Governor, with an annual | 2 |
| value of $50,000 or more, except, regardless of amount, | 3 |
| "contract" as used in this Section shall not include the | 4 |
| following: | 5 |
| (1) Contracts with State agencies or officers or other | 6 |
| political subdivisions; | 7 |
| (2) Hiring of an individual as an employee or | 8 |
| independent contractor, whether pursuant to an employment | 9 |
| code or policy or by contract directly with that | 10 |
| individual; | 11 |
| (3) Collective bargaining contracts; | 12 |
| (4) Purchase of real estate; or | 13 |
| (5) Contracts necessary to prepare for anticipated | 14 |
| litigation, enforcement actions, or investigations. | 15 |
| "Contracting entity" means an entity that has executed a | 16 |
| contract with the Office of the Governor.
| 17 |
| "Executive employee" has the same meaning as in Section | 18 |
| 50-37 of the Illinois Procurement Code.
| 19 |
| (b) Notice of the execution of contracts shall be posted on | 20 |
| the website of the Office of the Governor that includes a brief | 21 |
| description of the purpose of the contract and disclosure of | 22 |
| the names of the following: | 23 |
| (1) The contracting entity; | 24 |
| (2) Any entity that is a parent of, or owns a | 25 |
| controlling interest in, the contracting
entity; | 26 |
| (3) Any entity that is a subsidiary of, or owns a |
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| controlling interest in, the contracting entity; | 2 |
| (4) Any subcontractor that will be contracting with the | 3 |
| contracting entity;
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| (5) Any State, local, or federal political committee | 5 |
| which makes or may make political contributions on behalf | 6 |
| or at the direction of the contracting entity; and | 7 |
| (6) The affiliated entities and affiliated persons of | 8 |
| the contracting entity and any subcontractor. | 9 |
| This notice shall be posted within 10 business days after the | 10 |
| contract is awarded.
| 11 |
| (c) This Section applies to contracts executed on or after | 12 |
| the effective date of this amendatory Act of the 96th General | 13 |
| Assembly.
| 14 |
| Section 90-10. The Attorney General Act is amended by | 15 |
| adding Section 6.10 as follows: | 16 |
| (15 ILCS 205/6.10 new)
| 17 |
| Sec. 6.10. Attorney General's Contract Disclosure.
| 18 |
| (a) For purposes of this Section: | 19 |
| "Affiliated entity" has the same meaning as in Section | 20 |
| 50-37 of the Illinois Procurement Code. | 21 |
| "Affiliated person" has the same meaning as in Section | 22 |
| 50-37 of the Illinois Procurement Code. | 23 |
| "Contract" means any contract or agreement for goods or | 24 |
| services executed by the Office of the Attorney General, with |
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| an annual value of $50,000 or more, except, regardless of | 2 |
| amount, "contract" as used in this Section shall not include | 3 |
| the following: | 4 |
| (1) Contracts with State agencies or officers or other | 5 |
| political subdivisions; | 6 |
| (2) Hiring of an individual as an employee or | 7 |
| independent contractor, whether pursuant to an employment | 8 |
| code or policy or by contract directly with that | 9 |
| individual; | 10 |
| (3) Collective bargaining contracts; | 11 |
| (4) Purchase of real estate; or | 12 |
| (5) Contracts necessary to prepare for anticipated | 13 |
| litigation, enforcement actions or investigations.
| 14 |
| "Contracting entity" means an entity that has executed a | 15 |
| contract with the Office of the Attorney General.
| 16 |
| "Executive employee" has the same meaning as in Section | 17 |
| 50-37 of the Illinois Procurement Code. | 18 |
| (b) Notice of the execution of contracts shall be posted on | 19 |
| the website of the Office of the Attorney General that includes | 20 |
| a brief description of the purpose of the contract and | 21 |
| disclosure of the names of the following: | 22 |
| (1) The contracting entity; | 23 |
| (2) Any entity that is a parent of, or owns a | 24 |
| controlling interest in, the contracting
entity; | 25 |
| (3) Any entity that is a subsidiary of, or owns a | 26 |
| controlling interest in, the contracting entity; |
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| (4) Any subcontractor that will be contracting with the | 2 |
| contracting entity;
| 3 |
| (5) Any State, local, or federal political committee | 4 |
| which makes or may make political contributions on behalf | 5 |
| of or at the direction of the contracting entity; and | 6 |
| (6) The affiliated entities and affiliated persons of | 7 |
| the contracting entity and any subcontractor. | 8 |
| This notice shall be posted within 10 business days after the | 9 |
| contract is awarded.
| 10 |
| (c) This Section applies to contracts executed on or after | 11 |
| the effective date of this amendatory Act of the 96th General | 12 |
| Assembly.
| 13 |
| Section 90-12. The Secretary of State Act is amended by | 14 |
| adding Section 30 as follows: | 15 |
| (15 ILCS 305/30 new)
| 16 |
| Sec. 30. Secretary of State's Contract Disclosure. | 17 |
| (a) For purposes of this Section: | 18 |
| "Affiliated entity" has the same meaning as in Section | 19 |
| 50-37 of the Illinois Procurement Code. | 20 |
| "Affiliated person" has the same meaning as in Section | 21 |
| 50-37 of the Illinois Procurement Code. | 22 |
| "Contract" means any contract or agreement for goods or | 23 |
| services executed by the Office of the Secretary of State, with | 24 |
| an annual value of $50,000 or more, except, regardless of |
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09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
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| 1 |
| amount, "contract" as used in this Section shall not include | 2 |
| the following: | 3 |
| (1) Contracts with State agencies or officers or other | 4 |
| political subdivisions; | 5 |
| (2) Hiring of an individual as an employee or | 6 |
| independent contractor, whether pursuant to an employment | 7 |
| code or policy or by contract directly with that | 8 |
| individual; | 9 |
| (3) Collective bargaining contracts; | 10 |
| (4) Purchase of real estate; or | 11 |
| (5) Contracts necessary to prepare for anticipated | 12 |
| litigation, enforcement actions, or investigations. | 13 |
| "Contracting entity" means an entity that has executed a | 14 |
| contract with the Office of the Secretary of State. | 15 |
| "Executive employee" has the same meaning as in Section | 16 |
| 50-37 of the Illinois Procurement Code. | 17 |
| (b) Notice of the execution of contracts shall be posted on | 18 |
| the website of the Office of the Secretary of State that | 19 |
| includes a brief description of the purpose of the contract and | 20 |
| disclosure of the names of the following: | 21 |
| (1) The contracting entity; | 22 |
| (2) Any entity that is a parent of, or owns a | 23 |
| controlling interest in, the contracting
entity; | 24 |
| (3) Any entity that is a subsidiary of, or owns a | 25 |
| controlling interest in, the contracting entity; | 26 |
| (4) Any subcontractor that will be contracting with the |
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| contracting entity;
| 2 |
| (5) Any State, local, or federal political committee | 3 |
| that makes or may make political contributions on behalf of | 4 |
| or at the direction of the contracting entity; and | 5 |
| (6) The affiliated entities and affiliated persons of | 6 |
| the contracting entity and any subcontractor. | 7 |
| This notice shall be posted within 10 business days after the | 8 |
| contract is awarded.
| 9 |
| (c) This Section applies to contracts executed on or after | 10 |
| the effective date of this amendatory Act of the 96th General | 11 |
| Assembly.
| 12 |
| Section 90-13. The State Comptroller Act is amended by | 13 |
| adding Section 40 as follows: | 14 |
| (15 ILCS 405/40 new)
| 15 |
| Sec. 40. Comptroller's Contract Disclosure.
| 16 |
| (a) For purposes of this Section: | 17 |
| "Affiliated entity" has the same meaning as in Section | 18 |
| 50-37 of the Illinois Procurement Code. | 19 |
| "Affiliated person" has the same meaning as in Section | 20 |
| 50-37 of the Illinois Procurement Code. | 21 |
| "Contract" means any contract or agreement for goods or | 22 |
| services executed by the Office of the Comptroller, with an | 23 |
| annual value of $50,000 or more, except, regardless of amount, | 24 |
| "contract" as used in this Section shall not include the |
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LRB096 04834 JAM 22818 a |
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| following: | 2 |
| (1) Contracts with State agencies or officers or other | 3 |
| political subdivisions; | 4 |
| (2) Hiring of an individual as an employee or | 5 |
| independent contractor, whether pursuant to an employment code | 6 |
| or policy or by contract directly with that individual; | 7 |
| (3) Collective bargaining contracts; | 8 |
| (4) Purchase of real estate; or | 9 |
| (5) Contracts necessary to prepare for anticipated | 10 |
| litigation, enforcement actions, or investigations. | 11 |
| "Contracting entity" means an entity that has executed a | 12 |
| contract with the Office of the Comptroller. | 13 |
| "Executive employee" has the same meaning as in Section | 14 |
| 50-37 of the Illinois Procurement Code.
| 15 |
| (b) Notice of the execution of contracts shall be posted on | 16 |
| the website of the Office of the Comptroller that includes a | 17 |
| brief description of the purpose of the contract and disclosure | 18 |
| of the names of the following: | 19 |
| (1) The contracting entity; | 20 |
| (2) Any entity that is a parent of, or owns a | 21 |
| controlling interest in, the contracting
entity; | 22 |
| (3) Any entity that is a subsidiary of, or owns a | 23 |
| controlling interest in, the contracting entity; | 24 |
| (4) Any subcontractor that will be contracting with the | 25 |
| contracting entity;
| 26 |
| (5) Any State, local, or federal political committee |
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| which makes or may make political contributions on behalf | 2 |
| of or at the direction of the contracting entity; and | 3 |
| (6) The affiliated entities and affiliated persons of | 4 |
| the contracting entity and any subcontractor. | 5 |
| This notice shall be posted within 10 business days after the | 6 |
| contract is awarded.
| 7 |
| (c) This Section applies to contracts executed on or after | 8 |
| the effective date of this amendatory Act of the 96th General | 9 |
| Assembly.
| 10 |
| Section 90-15. The State Treasurer Act is amended by adding | 11 |
| Section 25 as follows: | 12 |
| (15 ILCS 505/25 new)
| 13 |
| Sec. 25. Treasurer's Contract Disclosure.
| 14 |
| (a) For purposes of this Section: | 15 |
| "Affiliated entity" has the same meaning as in Section | 16 |
| 50-37 of the Illinois Procurement Code. | 17 |
| "Affiliated person" has the same meaning as in Section | 18 |
| 50-37 of the Illinois Procurement Code. | 19 |
| "Contract" means any contract or agreement for goods or | 20 |
| services executed by the Office of the Treasurer, with an | 21 |
| annual value of $50,000 or more, except, regardless of amount, | 22 |
| "contract" as used in this Section shall not include the | 23 |
| following: | 24 |
| (1) Contracts with State agencies or officers or other |
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LRB096 04834 JAM 22818 a |
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| political subdivisions; | 2 |
| (2) Hiring of an individual as an employee or | 3 |
| independent contractor, whether pursuant to an employment code | 4 |
| or policy or by contract directly with that individual; | 5 |
| (3) Collective bargaining contracts; | 6 |
| (4) Purchase of real estate; or | 7 |
| (5) Contracts necessary to prepare for anticipated | 8 |
| litigation, enforcement actions, or investigations. | 9 |
| "Contracting entity" means an entity that has executed a | 10 |
| contract with the Office of the Treasurer. | 11 |
| "Executive employee" has the same meaning as in Section | 12 |
| 50-37 of the Illinois Procurement Code.
| 13 |
| (b) Notice of the execution of contracts shall be posted on | 14 |
| the website of the Office of the Treasurer that includes a | 15 |
| brief description of the purpose of the contract and disclosure | 16 |
| of the names of the following: | 17 |
| (1) The contracting entity; | 18 |
| (2) Any entity that is a parent of, or owns a | 19 |
| controlling interest in, the contracting
entity; | 20 |
| (3) Any entity that is a subsidiary of, or owns a | 21 |
| controlling interest in, the contracting entity; | 22 |
| (4) Any subcontractor that will be contracting with the | 23 |
| contracting entity;
| 24 |
| (5) Any State, local, or federal political committee | 25 |
| which makes or may make political contributions on behalf | 26 |
| of or at the direction of the contracting entity; and |
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| (6) The affiliated entities and affiliated persons of | 2 |
| the contracting entity and any subcontractor. | 3 |
| This notice shall be posted within 10 business days after the | 4 |
| contract is awarded.
| 5 |
| (c) This Section applies to contracts executed on or after | 6 |
| the effective date of this amendatory Act of the 96th General | 7 |
| Assembly.
| 8 |
| Section 90-20. The Illinois State Auditing Act is amended | 9 |
| by adding Section 2-20 as follows: | 10 |
| (30 ILCS 5/2-20 new)
| 11 |
| Sec. 2-20. Auditor General's Contract Disclosure.
| 12 |
| (a) For purposes of this Section: | 13 |
| "Affiliated entity" has the same meaning as in Section | 14 |
| 50-37 of the Illinois Procurement Code. | 15 |
| "Affiliated person" has the same meaning as in Section | 16 |
| 50-37 of the Illinois Procurement Code. | 17 |
| "Contract" means any contract or agreement for goods or | 18 |
| services executed by the Office of the Auditor General, with an | 19 |
| annual value of $50,000 or more, except, regardless of amount, | 20 |
| "contract" as used in this Section shall not include the | 21 |
| following: | 22 |
| (1) Contracts with State agencies or officers or other | 23 |
| political subdivisions; | 24 |
| (2) Hiring of an individual as an employee or |
|
|
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LRB096 04834 JAM 22818 a |
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| 1 |
| independent contractor, whether pursuant to an employment | 2 |
| code or policy or by contract directly with that | 3 |
| individual; | 4 |
| (3) Collective bargaining contracts; | 5 |
| (4) Purchase of real estate; or | 6 |
| (5) Contracts necessary to prepare for anticipated | 7 |
| litigation, enforcement actions, or investigations. | 8 |
| "Contracting entity" means an entity that has executed a | 9 |
| contract with the Office of the Auditor General. | 10 |
| "Executive employee" has the same meaning as in Section | 11 |
| 50-37 of the Illinois Procurement Code. | 12 |
| (b) Notice of the execution of contracts shall be posted on | 13 |
| the website of the Office of the Auditor General that includes | 14 |
| a brief description of the purpose of the contract and | 15 |
| disclosure of the names of the following: | 16 |
| (1) The contracting entity; | 17 |
| (2) Any entity that is a parent of, or owns a | 18 |
| controlling interest in, the contracting
entity; | 19 |
| (3) Any entity that is a subsidiary of, or owns a | 20 |
| controlling interest in, the contracting entity; | 21 |
| (4) Any subcontractor that will be contracting with the | 22 |
| contracting entity;
| 23 |
| (5) Any State, local, or federal political committee | 24 |
| which makes or may make political contributions on behalf | 25 |
| of or at the direction of the contracting entity; and | 26 |
| (6) The affiliated entities and affiliated persons of |
|
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| the contracting entity and any subcontractor. | 2 |
| This notice shall be posted within 10 business days after the | 3 |
| contract is awarded.
| 4 |
| (c) This Section applies to contracts executed on or after | 5 |
| the effective date of this amendatory Act of the 96th General | 6 |
| Assembly.
| 7 |
| Section 90-25. The Illinois Procurement Code is amended by | 8 |
| changing Sections 1-15.30, 15-25, 20-10, 20-25, 20-30, 20-50, | 9 |
| 20-55, 20-80, 40-25, 50-20, 50-30, and 50-60 and by adding | 10 |
| Sections 20-43 and 50-38 as follows:
| 11 |
| (30 ILCS 500/1-15.30)
| 12 |
| Sec. 1-15.30. Contract. "Contract" means all types of
State | 13 |
| agreements, regardless
of what they may be called, for the | 14 |
| procurement, use, or disposal
of supplies, services,
| 15 |
| professional or artistic services, or construction or for | 16 |
| leases of real
property or
capital improvements,
and including | 17 |
| master contracts, contracts for financing through
use of | 18 |
| installment or
lease-purchase arrangements, renegotiated | 19 |
| contracts, amendments to contracts, and change orders. The | 20 |
| changes to this Section made by this amendatory Act of the 96th | 21 |
| General Assembly apply to amendments executed on or after its | 22 |
| effective date.
| 23 |
| (Source: P.A. 90-572, eff. 2-6-98.)
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| (30 ILCS 500/15-25)
| 2 |
| Sec. 15-25. Bulletin content.
| 3 |
| (a) Invitations for bids. Notice of each and every contract | 4 |
| that is
offered, including renegotiated contracts and change | 5 |
| orders,
shall be published in the Bulletin. The applicable | 6 |
| chief procurement officer
may provide by rule an organized | 7 |
| format for the publication of this
information, but in any case | 8 |
| it must include at least the date first offered,
the date | 9 |
| submission of offers is due, the location that offers are to be
| 10 |
| submitted to, the purchasing State agency, the responsible | 11 |
| State purchasing
officer, a brief purchase description, the | 12 |
| method of source selection,
information of how to obtain a | 13 |
| comprehensive purchase description and any
disclosure and | 14 |
| contract forms, and encouragement to prospective vendors to | 15 |
| hire qualified veterans, as defined by Section 45-67 of this | 16 |
| Code, and Illinois residents discharged from any Illinois adult | 17 |
| correctional center.
| 18 |
| (b) Contracts let or awarded. Notice of each and every | 19 |
| contract that is let
or awarded, including renegotiated | 20 |
| contracts and change orders, shall be
published in the next | 21 |
| available subsequent Bulletin, and
the applicable chief | 22 |
| procurement officer may provide by rule an organized
format for | 23 |
| the publication
of
this information, but in any case it must | 24 |
| include at least all of the
information specified in subsection | 25 |
| (a) as well as the name of the successful
responsible bidder or | 26 |
| offeror, the contract price, the number of unsuccessful
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| responsive bidders, and any other disclosure specified in any | 2 |
| Section of this
Code. This notice shall include the disclosures | 3 |
| required under Section 50-38, if applicable. In addition, the | 4 |
| notice shall summarize the outreach efforts undertaken by the | 5 |
| agency to make potential bidders or offerors aware of any | 6 |
| contract offer other than publication in the Bulletin. This | 7 |
| notice must be posted in the online electronic Bulletin no | 8 |
| later than 10 business days after the contract is awarded. This | 9 |
| notice must be posted in the online electronic Bulletin prior | 10 |
| to execution of the contract.
| 11 |
| (c) Emergency purchase disclosure. Any chief procurement | 12 |
| officer, State
purchasing officer, or designee exercising | 13 |
| emergency purchase authority under
this Code shall publish a | 14 |
| written description and reasons and the total cost,
if known, | 15 |
| or an estimate if unknown and the name of the responsible chief
| 16 |
| procurement officer and State purchasing officer, and the | 17 |
| business or person
contracted with for all emergency purchases | 18 |
| in
the next timely, practicable Bulletin. This notice must be | 19 |
| posted in the online electronic Bulletin no later than 10 | 20 |
| business days after the contract is awarded. This notice must | 21 |
| be posted in the online electronic Bulletin within 3 business | 22 |
| days after the execution of the contract.
| 23 |
| (c-5) Business Enterprises Council reports. Each State | 24 |
| agency shall post online on the Procurement Bulletin a copy of | 25 |
| its annual report of utilization of businesses owned by | 26 |
| minorities, females, and persons with disabilities as |
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| submitted to the Business Enterprises Council for Minorities, | 2 |
| Females, and Persons with Disabilities pursuant to Section 6(c) | 3 |
| of the Business Enterprise for Minorities, Females, and Persons | 4 |
| with Disabilities Act no later than 10 business days after its | 5 |
| submission of its report to the Council.
| 6 |
| (c-10) Renewals. Notice of each contract renewal shall be | 7 |
| posted online on the Procurement Bulletin no later than 10 | 8 |
| business days after the renewal is exercised. The Procurement | 9 |
| Policy Board by rule shall specify the information to be | 10 |
| included in the notice, and the applicable chief procurement | 11 |
| officer by rule may provide a format for the information.
| 12 |
| (d) Other required disclosure. The applicable chief | 13 |
| procurement officer
shall provide by rule for the organized | 14 |
| publication of all other disclosure
required in other Sections | 15 |
| of this Code in a timely manner.
| 16 |
| (e) Application of amendatory provisions. The changes to | 17 |
| this Section made by this amendatory Act of the 96th General | 18 |
| Assembly apply to reports submitted, offers made, and notices | 19 |
| on contracts executed on or after its effective date.
| 20 |
| (Source: P.A. 94-1067, eff. 8-1-06; 95-536, eff. 1-1-08.)
| 21 |
| (30 ILCS 500/20-10)
| 22 |
| Sec. 20-10. Competitive sealed bidding.
| 23 |
| (a) Conditions for use. All contracts shall be awarded by
| 24 |
| competitive sealed bidding
except as otherwise provided in | 25 |
| Section 20-5.
|
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| (b) Invitation for bids. An invitation for bids shall be
| 2 |
| issued and shall include a
purchase description and the | 3 |
| material contractual terms and
conditions applicable to the
| 4 |
| procurement.
| 5 |
| (c) Public notice. Public notice of the invitation for bids | 6 |
| shall be
published in the Illinois Procurement Bulletin at | 7 |
| least 14 days before the date
set in the invitation for the | 8 |
| opening of bids.
| 9 |
| (d) Bid opening. Bids shall be opened publicly in the
| 10 |
| presence of one or more witnesses
at the time and place | 11 |
| designated in the invitation for bids. The
name of each bidder, | 12 |
| the amount
of each bid, and other relevant information as may | 13 |
| be specified by
rule shall be
recorded. After the award of the | 14 |
| contract, the winning bid and the
record of each unsuccessful | 15 |
| bid shall be open to
public inspection.
| 16 |
| (e) Bid acceptance and bid evaluation. Bids shall be
| 17 |
| unconditionally accepted without
alteration or correction, | 18 |
| except as authorized in this Code. Bids
shall be evaluated | 19 |
| based on the
requirements set forth in the invitation for bids, | 20 |
| which may
include criteria to determine
acceptability such as | 21 |
| inspection, testing, quality, workmanship,
delivery, and | 22 |
| suitability for a
particular purpose. Those criteria that will | 23 |
| affect the bid price
and be considered in evaluation
for award, | 24 |
| such as discounts, transportation costs, and total or
life | 25 |
| cycle costs, shall be
objectively measurable. The invitation | 26 |
| for bids shall set forth
the evaluation criteria to be used.
|
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| (f) Correction or withdrawal of bids. Correction or
| 2 |
| withdrawal of inadvertently
erroneous bids before or after | 3 |
| award, or cancellation of awards of
contracts based on bid
| 4 |
| mistakes, shall be permitted in accordance with rules.
After | 5 |
| bid opening, no
changes in bid prices or other provisions of | 6 |
| bids prejudicial to
the interest of the State or fair
| 7 |
| competition shall be permitted. All decisions to permit the
| 8 |
| correction or withdrawal of bids
based on bid mistakes shall be | 9 |
| supported by written determination
made by a State purchasing | 10 |
| officer.
| 11 |
| (g) Award. The contract shall be awarded with reasonable
| 12 |
| promptness by written notice
to the lowest responsible and | 13 |
| responsive bidder whose bid meets
the requirements and criteria
| 14 |
| set forth in the invitation for bids, except when a State | 15 |
| purchasing officer
determines it is not in the best interest of | 16 |
| the State and by written
explanation determines another bidder | 17 |
| shall receive the award. The explanation
shall be posted in the | 18 |
| online appear in the appropriate volume of the Illinois | 19 |
| Procurement Bulletin. The written explanation must include:
| 20 |
| (1) a description of the agency's needs; | 21 |
| (2) a determination that the anticipated cost will be | 22 |
| fair and reasonable; | 23 |
| (3) a listing of all responsible and responsive | 24 |
| bidders; and | 25 |
| (4) the name of the bidder selected, pricing, and the | 26 |
| reasons for selecting that bidder instead of the lowest |
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| responsible and responsive bidder. | 2 |
| Each agency may adopt rules to implement the requirements | 3 |
| of this subsection (g). | 4 |
| The written explanation shall be filed with the Legislative | 5 |
| Audit Commission and the Procurement Policy Board and posted in | 6 |
| the online Bulletin within 30 days after the contract is | 7 |
| awarded. | 8 |
| (h) Multi-step sealed bidding. When it is considered
| 9 |
| impracticable to initially prepare
a purchase description to | 10 |
| support an award based on price, an
invitation for bids may be | 11 |
| issued
requesting the submission of unpriced offers to be | 12 |
| followed by an
invitation for bids limited to
those bidders | 13 |
| whose offers have been qualified under the criteria
set forth | 14 |
| in the first solicitation.
| 15 |
| (i) Alternative procedures. Notwithstanding any other | 16 |
| provision of this Act to the contrary, the Director of the | 17 |
| Illinois Power Agency may create alternative bidding | 18 |
| procedures to be used in procuring professional services under | 19 |
| Section 1-75(a) of the Illinois Power Agency Act and Section | 20 |
| 16-111.5(c) of the Public Utilities Act. These alternative | 21 |
| procedures shall be set forth together with the other criteria | 22 |
| contained in the invitation for bids, and shall appear in the | 23 |
| appropriate volume of the Illinois Procurement Bulletin.
| 24 |
| (j) Application of amendatory provisions. The changes to | 25 |
| this Section made by this amendatory Act of the 96th General | 26 |
| Assembly apply to contracts awarded on or after its effective |
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| date.
| 2 |
| (Source: P.A. 95-481, eff. 8-28-07.)
| 3 |
| (30 ILCS 500/20-25)
| 4 |
| Sec. 20-25. Sole source procurements. In accordance with
| 5 |
| standards set by rule,
contracts may be awarded without use of | 6 |
| the specified
method of source selection when
there is only one | 7 |
| economically feasible source for the item. This Section may not | 8 |
| be used as a basis for amending a contract if the amendment | 9 |
| would result in an increase in the amount paid under the | 10 |
| contract of more than 5% of the initial award, or would extend | 11 |
| the contract term beyond the time reasonably needed for a | 12 |
| competitive procurement, not to exceed 2 months. At
least 2 | 13 |
| weeks before entering
into a sole source contract, the | 14 |
| purchasing agency shall publish
in the Illinois Procurement
| 15 |
| Bulletin a notice of intent to do so along with a description | 16 |
| of
the item to be procured and the
intended sole source | 17 |
| contractor. The changes to this Section made by this amendatory | 18 |
| Act of the 96th General Assembly apply to amendments executed | 19 |
| on or after its effective date.
| 20 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 21 |
| (30 ILCS 500/20-30)
| 22 |
| Sec. 20-30. Emergency purchases.
| 23 |
| (a) Conditions for use. In accordance with standards set by
| 24 |
| rule, a purchasing
agency may make emergency procurements |
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| without competitive sealed
bidding or prior notice
when there | 2 |
| exists a threat to public health or public safety, or
when | 3 |
| immediate expenditure is
necessary for repairs to State | 4 |
| property in order to protect
against further loss of or damage | 5 |
| to
State property, to prevent or minimize serious disruption in | 6 |
| critical State
services that affect health, safety, or | 7 |
| collections of substantial State revenue , or to ensure the
| 8 |
| integrity of State records ; provided, however, that the term of | 9 |
| the emergency purchase shall be limited to the time reasonably | 10 |
| needed for a competitive procurement, not to exceed 2 months . | 11 |
| Emergency procurements shall be made
with as much competition
| 12 |
| as is practicable under the circumstances.
A written
| 13 |
| description of the basis for the emergency and reasons for the
| 14 |
| selection of the particular
contractor shall be included in the | 15 |
| contract file.
| 16 |
| (b) Notice. Before the next appropriate volume of the | 17 |
| Illinois Procurement
Bulletin, the purchasing agency shall | 18 |
| publish in the
Illinois Procurement Bulletin a copy of each | 19 |
| written description
and reasons and the total cost
of each | 20 |
| emergency procurement made during the previous month.
When only | 21 |
| an estimate of the
total cost is known at the time of | 22 |
| publication, the estimate shall
be identified as an estimate | 23 |
| and
published. When the actual total cost is determined, it | 24 |
| shall
also be published in like manner
before the 10th day of | 25 |
| the next succeeding month.
| 26 |
| (c) Affidavits. A purchasing agency making a procurement
|
|
|
|
09600SB1470sam001 |
- 26 - |
LRB096 04834 JAM 22818 a |
|
| 1 |
| under this Section shall file
affidavits with the chief | 2 |
| procurement officer and the Auditor General within
10 days
| 3 |
| after the procurement setting
forth the amount expended, the | 4 |
| name of the contractor involved,
and the conditions and
| 5 |
| circumstances requiring the emergency procurement. When only | 6 |
| an
estimate of the cost is
available within 10 days after the | 7 |
| procurement, the actual cost
shall be reported immediately
| 8 |
| after it is determined. At the end of each fiscal quarter, the
| 9 |
| Auditor General shall file with the
Legislative Audit | 10 |
| Commission and the Governor a complete listing
of all emergency
| 11 |
| procurements reported during that fiscal quarter. The | 12 |
| Legislative
Audit Commission shall
review the emergency | 13 |
| procurements so reported and, in its annual
reports, advise the | 14 |
| General
Assembly of procurements that appear to constitute an | 15 |
| abuse of
this Section.
| 16 |
| (d) Quick purchases. The chief procurement officer may | 17 |
| promulgate rules
extending the circumstances by which a | 18 |
| purchasing agency may make purchases
under this Section, | 19 |
| including but not limited to the procurement of items
available | 20 |
| at a discount for a limited period of time.
| 21 |
| (e) Application of amendatory provisions. The changes to | 22 |
| this Section made by this amendatory Act of the 96th General | 23 |
| Assembly apply to procurements executed on or after its | 24 |
| effective date.
| 25 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| (30 ILCS 500/20-43 new)
| 2 |
| Sec. 20-43. Bidder or offeror authorized to do business in | 3 |
| Illinois. In addition to meeting any other requirement of law | 4 |
| or rule, a person (other than an individual acting as a sole | 5 |
| proprietor) may qualify as a bidder or offeror under this Code | 6 |
| only if the person is a legal entity authorized to do business | 7 |
| in Illinois prior to submitting the bid, offer, or proposal. | 8 |
| This Section applies to all bids, offers, and proposals | 9 |
| submitted on or after the effective date of this amendatory Act | 10 |
| of the 96th General Assembly.
| 11 |
| (30 ILCS 500/20-50)
| 12 |
| Sec. 20-50. Specifications. Specifications shall be
| 13 |
| prepared in accordance with consistent
standards that are | 14 |
| promulgated by the chief procurement officer and reviewed by
| 15 |
| the
Board and the Joint Committee on Administrative Rules. | 16 |
| Those standards shall
include
a prohibition against the use
of | 17 |
| brand-name only products, except for products intended for | 18 |
| retail sale or as
specified by rule . Any person who assists in | 19 |
| the development of specifications or background information | 20 |
| for a bid solicitation or a request for proposals may not be | 21 |
| awarded a contract under that bid solicitation or request for | 22 |
| proposals. , and shall include a
restriction on the use of
| 23 |
| specifications drafted by a potential bidder. All | 24 |
| specifications
shall seek to promote overall
economy for the | 25 |
| purposes intended and encourage competition in
satisfying the |
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| State's needs
and shall not be unduly restrictive.
| 2 |
| A solicitation or specification for a contract or a | 3 |
| contract, including but not limited to a
contract of a college, | 4 |
| university, or institution under the jurisdiction of a
| 5 |
| governing board listed in Section 1-15.100, may not require, | 6 |
| stipulate,
suggest, or encourage a monetary or other financial | 7 |
| contribution or donation , cash bonus or incentive, or economic | 8 |
| investment as
an explicit or implied term or condition for | 9 |
| awarding or completing the
contract. The contract, | 10 |
| solicitation, or specification also may not include
a | 11 |
| requirement that an individual or individuals employed by
such
| 12 |
| a college,
university, or institution receive a consulting
| 13 |
| contract for professional services.
| 14 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff. | 15 |
| 8-19-99.)
| 16 |
| (30 ILCS 500/20-55)
| 17 |
| Sec. 20-55. Types of contracts. Subject to the
limitations | 18 |
| of this Section and unless
otherwise authorized by law, any | 19 |
| type of contract that will
promote the best interests of the | 20 |
| State
may be used, except that cost-plus-a-percentage-of-cost | 21 |
| contracts
are prohibited and further except that no contract | 22 |
| shall provide for a State agency to reimburse a contractor for | 23 |
| expenses relating to meals or travel of the contractor's | 24 |
| employees or State employees . A
cost-reimbursement contract | 25 |
| may be used only when a determination
is made in writing that a
|
|
|
|
09600SB1470sam001 |
- 29 - |
LRB096 04834 JAM 22818 a |
|
| 1 |
| cost-reimbursement contract is likely to be less costly to the
| 2 |
| State than any other type or that it
is impracticable to obtain | 3 |
| the item required except under that
type of contract. The | 4 |
| general form
of contracts shall be determined by the chief | 5 |
| procurement officer.
| 6 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 7 |
| (30 ILCS 500/20-80)
| 8 |
| Sec. 20-80. Contract files.
| 9 |
| (a) Written determinations. All written determinations
| 10 |
| required under this Article shall
be placed in the contract | 11 |
| file maintained by the chief procurement officer.
| 12 |
| (b) Filing with Comptroller. Whenever a grant, defined | 13 |
| pursuant to
accounting standards established by the | 14 |
| Comptroller, or a contract
liability,
except for:
(1) contracts | 15 |
| paid
from personal services, or
(2) contracts between the State | 16 |
| and its
employees to defer
compensation in accordance with | 17 |
| Article 24 of the Illinois Pension Code,
exceeding $10,000 is | 18 |
| incurred by any
State agency, a copy of the contract, purchase | 19 |
| order, grant, or
lease or amendments thereto shall be filed | 20 |
| with the
Comptroller within 15 days after execution.
| 21 |
| thereafter.
Any cancellation or
modification to any such | 22 |
| contract
liability shall be filed with the Comptroller within | 23 |
| 15 days of
its execution.
| 24 |
| (c) Late filing affidavit. When a contract, purchase order, | 25 |
| grant,
or lease or amendment thereto required to be
filed by |
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| this Section has not been filed within 15
30 days of
execution, | 2 |
| notice shall be filed with the Comptroller within 15 days after | 3 |
| execution indicating that a contract or amendment thereto | 4 |
| described within the notice has been executed and will not be | 5 |
| filed within 15 days after execution, and the Comptroller shall | 6 |
| refuse
to issue a warrant for payment thereunder until the | 7 |
| agency files
with the Comptroller the
contract, purchase order, | 8 |
| grant, or lease or amendment thereto and an affidavit, signed | 9 |
| by the
chief executive officer of the
agency or his or her | 10 |
| designee, setting forth an explanation of why
the contract | 11 |
| liability was not
filed within 15
30 days of execution. A copy | 12 |
| of this affidavit shall
be filed with the Auditor
General. No | 13 |
| work by any contractor for any State agency shall commence, nor | 14 |
| shall any liability for payment by any State agency be | 15 |
| incurred, until a final binding contract complying with all | 16 |
| provisions of this Code has been executed by the contractor and | 17 |
| agency.
| 18 |
| (d) Professional and artistic services contracts. No
| 19 |
| voucher shall be submitted to the
Comptroller for a warrant to | 20 |
| be drawn for the payment of money
from the State treasury or | 21 |
| from
other funds held by the State Treasurer on account of any | 22 |
| contract
for services involving
professional or artistic | 23 |
| skills involving an expenditure of more
than $5,000 for the | 24 |
| same type of
service at the same location during any fiscal | 25 |
| year unless the
contract is reduced to writing
before the | 26 |
| services are performed and filed with the Comptroller.
When a |
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| contract for
professional or artistic skills in excess of | 2 |
| $5,000 was not
reduced to writing before the services
were | 3 |
| performed, the Comptroller shall refuse to issue a warrant
for | 4 |
| payment for the services
until the State agency files with the | 5 |
| Comptroller:
| 6 |
| (1) a written
contract covering the services, and
| 7 |
| (2) an affidavit, signed by the chief executive officer | 8 |
| of the
State agency or his or her designee,
stating that | 9 |
| the services for which payment is being made were
agreed to | 10 |
| before commencement
of the services and setting forth an | 11 |
| explanation of why the
contract was not reduced to writing
| 12 |
| before the services commenced.
| 13 |
| A copy of this affidavit shall be
filed with the Auditor | 14 |
| General.
The Comptroller shall maintain professional or | 15 |
| artistic service
contracts filed under this Section
separately | 16 |
| from other filed contracts.
| 17 |
| (e) Method of source selection. When a contract or | 18 |
| amendment thereto is filed
with the Comptroller under this
| 19 |
| Section, the Comptroller's file shall identify the method of
| 20 |
| source selection used in obtaining the
contract.
| 21 |
| (f) Comptroller's request for information. Upon the | 22 |
| request of the Comptroller, State agencies shall supply all | 23 |
| documents and information reasonably requested by the | 24 |
| Comptroller with respect to compliance with this Code within 10 | 25 |
| business days after the request.
| 26 |
| (g) Application of amendatory provisions. The changes to |
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| this Section made by this amendatory Act of the 96th General | 2 |
| Assembly apply to contracts, purchase orders, grants, or leases | 3 |
| or amendments thereto executed on or after its effective date.
| 4 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-904, eff. | 5 |
| 7-6-00.)
| 6 |
| (30 ILCS 500/40-25)
| 7 |
| Sec. 40-25. Length of leases.
| 8 |
| (a) Maximum term. Leases shall be for a term not to exceed
| 9 |
| 10 years and shall include
a termination option in favor of the | 10 |
| State after 5 years.
| 11 |
| (b) Renewal. Leases may include a renewal option. An
option | 12 |
| to renew may be
exercised only when a State purchasing officer | 13 |
| determines in
writing that renewal is in the best
interest of | 14 |
| the State and notice of the exercise of the option is published | 15 |
| in
the appropriate volume of the Procurement Bulletin at least | 16 |
| 60 days prior to
the exercise of the option.
| 17 |
| (c) Subject to appropriation. All leases shall recite that
| 18 |
| they are subject to termination
and cancellation in any year | 19 |
| for which the General Assembly fails
to make an appropriation | 20 |
| to
make payments under the terms of the lease.
| 21 |
| (d) Holdover. No lease with a stated term ending on or | 22 |
| after the effective date of this amendatory Act of the 96th | 23 |
| General Assembly may continue on a month-to-month or other | 24 |
| holdover basis for a total of more than 6 months.
| 25 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
|
|
|
09600SB1470sam001 |
- 33 - |
LRB096 04834 JAM 22818 a |
|
| 1 |
| (30 ILCS 500/50-20)
| 2 |
| Sec. 50-20. Exemptions. With the approval of the | 3 |
| appropriate chief
procurement officer involved, the Governor, | 4 |
| or an executive ethics board or
commission he or she | 5 |
| designates, may exempt named individuals from the
prohibitions | 6 |
| of
Section 50-13 when, in his, her, or its judgment, the public | 7 |
| interest in
having
the
individual in the service of the State | 8 |
| outweighs the public policy evidenced in
that Section. An | 9 |
| exemption is effective only when it is filed with the
Secretary | 10 |
| of State and the Comptroller and includes a statement setting | 11 |
| forth
the name of the individual and all the pertinent facts | 12 |
| that would make that
Section applicable, setting forth the | 13 |
| reason for the exemption, and declaring
the individual exempted | 14 |
| from that Section.
Exemptions must be filed with the Secretary | 15 |
| of State and Comptroller prior to execution of any contracts. A | 16 |
| copy of Notice of each exemption shall be published in the | 17 |
| Illinois Procurement
Bulletin in its electronic form prior to | 18 |
| execution of the contract . The changes to this Section made by | 19 |
| this amendatory Act of the 96th General Assembly apply to | 20 |
| exemptions granted on or after its effective date.
| 21 |
| (Source: P.A. 90-572, eff. 2-6-98.)
| 22 |
| (30 ILCS 500/50-38 new) | 23 |
| Sec. 50-38. Contract award disclosure.
| 24 |
| (a) Definitions. For purposes of this Section: |
|
|
|
09600SB1470sam001 |
- 34 - |
LRB096 04834 JAM 22818 a |
|
| 1 |
| "Affiliated entity" has the same meaning as in Section | 2 |
| 50-37. | 3 |
| "Affiliated person" has the same meaning as in Section | 4 |
| 50-37. | 5 |
| "Contracting entity" means an entity that would execute any | 6 |
| contract with a State agency. | 7 |
| "Executive employee" has the same meaning as in Section | 8 |
| 50-37. | 9 |
| (b) Disclosure. For contracts with an annual value of | 10 |
| $50,000 or more, all offers from responsive bidders or offerors | 11 |
| shall be accompanied by disclosure of the names of the | 12 |
| following: | 13 |
| (1) The contracting entity. | 14 |
| (2) Any entity that is a parent of, or owns a | 15 |
| controlling interest in, the contracting entity. | 16 |
| (3) Any entity that is a subsidiary of, or in which a | 17 |
| controlling interest is owned by the contracting entity. | 18 |
| (4) Any subcontractor that will be contracting with the | 19 |
| contracting entity.
| 20 |
| (5) Any State, local, or federal political committee | 21 |
| that makes or may make political contributions on behalf of | 22 |
| or at the direction of the contracting entity. | 23 |
| (6) The affiliated entities and affiliated persons of | 24 |
| the contracting entity and any subcontractor. | 25 |
| (c) Notice. Notices of contracts let or awarded published | 26 |
| in the Procurement Bulletin pursuant to Section 15-25 shall |
|
|
|
09600SB1470sam001 |
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LRB096 04834 JAM 22818 a |
|
| 1 |
| include as part of the notice posted online the names disclosed | 2 |
| by the winning bidder or offeror pursuant to subsection (b). | 3 |
| (d) Application. The changes made to this Section made by | 4 |
| this amendatory Act of the 96th General Assembly apply to | 5 |
| contracts first offered on or after its effective date.
| 6 |
| (30 ILCS 500/50-60)
| 7 |
| Sec. 50-60. Voidable contracts.
| 8 |
| (a) If any contract or amendment thereto is entered into or | 9 |
| purchase
or expenditure of funds is made at any time in | 10 |
| violation of this Code or any other law,
the contract or | 11 |
| amendment thereto may be declared void by the Comptroller, with | 12 |
| the approval of the Treasurer, or the chief procurement officer | 13 |
| or may be
ratified and affirmed by the Comptroller, with the | 14 |
| approval of the Treasurer, or by the chief procurement officer ,
| 15 |
| provided the Comptroller, with the approval of the Treasurer, | 16 |
| or the chief procurement officer determines that ratification | 17 |
| is in the
best interests of the
State. If the contract is | 18 |
| ratified and affirmed, it shall be without prejudice
to the | 19 |
| State's rights to any appropriate damages.
| 20 |
| (b) If, during the term of a contract, the contracting | 21 |
| agency determines
that the contractor is delinquent in the | 22 |
| payment of debt as set forth in
Section 50-11 of this Code, the | 23 |
| State agency may declare the contract void if
it determines | 24 |
| that voiding the contract is in the best interests of the | 25 |
| State.
The Debt Collection Board shall adopt rules for the |
|
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| 1 |
| implementation of this
subsection (b).
| 2 |
| (c) If, during the term of a contract, the contracting | 3 |
| agency determines
that the contractor is in violation of | 4 |
| Section 50-10.5 of this Code, the
contracting
agency shall | 5 |
| declare the contract void.
| 6 |
| (d) The changes to this Section made by this amendatory Act | 7 |
| of the 96th General Assembly apply to actions taken by the | 8 |
| Comptroller and Treasurer on or after its effective date.
| 9 |
| (Source: P.A. 92-404, eff. 7-1-02; 93-600, eff. 1-1-04.)
| 10 |
| ARTICLE 99
| 11 |
| Section 99-99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
|
|