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90_HB2334
SEE INDEX
Amends the Illinois Governmental Ethics Act. Prohibits
legislators, certain partisan staff members, and certain
State officers and employees from lobbying the General
Assembly or entering into a public personal services
contract, within one year after the termination of State
employment. Prohibits a candidate, legislator, or political
committee from holding a fund-raising event in Springfield on
days the General Assembly is in session. Prohibits public
officials, State agency employees, and their family members
from soliciting or accepting gifts from persons or entities
with interests affected by the activities of the employee or
agency. Provides that for violating this prohibition, State
employees and public officials shall forfeit their employment
or office and the prohibited source of the gift commits a
business offense and shall be fined $10,000 or less. Amends
the Election Code. Includes private entities that make
contributions during a 12-month period in excess of $1,000
within the provisions affecting political committees.
Provides that the State Board of Elections shall assess a
civil penalty not to exceed $5,000 for the untimely filing of
reports and semi-annual reports of campaign contributions.
Provides that these reports shall disclose the occupation and
employer of individual contributors. Prohibits contributions
from foreign nationals. Prohibits the use of campaign funds
for a personal use unrelated to a political campaign.
Prohibits a candidate, public official, or political
committee from accepting cash contributions that exceed $25.
Amends the Illinois Purchasing Act. Provides that a
contractor may be suspended for up to 10 years (now for not
more than one year) for violations of the competitive
procurement process. Provides that certain State officers or
employees shall not do business with their former agency or
department for 2 years after leaving State employment. Makes
other changes. Effective January 1, 1998.
LRB9007322PTcw
LRB9007322PTcw
1 AN ACT concerning governmental ethics.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Governmental Ethics Act is
5 amended by changing Sections 1-109, 1-110, and 2-110 and
6 adding Sections 2-105, 2-106, 2-107, 2-115, and 2-120 as
7 follows:
8 (5 ILCS 420/1-109) (from Ch. 127, par. 601-109)
9 Sec. 1-109. "Lobbying" has the meaning given in Section 2
10 of the Lobbyist Registration Act means promoting or opposing
11 in any manner the passage by the General Assembly of any
12 legislative matter affecting the interests of any individual,
13 association or corporation as distinct from those of the
14 people of the State as a whole.
15 (Source: Laws 1967, p. 3401.)
16 (5 ILCS 420/1-110) (from Ch. 127, par. 601-110)
17 Sec. 1-110. "Lobbyist" means any person required to be
18 registered under the Lobbyist Registration Act "An Act
19 concerning lobbying and providing a penalty for violation
20 thereof", approved July 10, 1957, as amended.
21 (Source: Laws 1967, p. 3401)
22 (5 ILCS 420/2-105 new)
23 Sec. 2-105. Lobbying by former legislators. No person,
24 within one year after having been a legislator, may engage in
25 lobbying of the General Assembly for which he or she accepts
26 compensation. Nothing in this Section prohibits a former
27 legislator from lobbying without compensation.
28 A violation of this Section constitutes a Class A
29 misdemeanor for which a fine of up to $10,000 may be imposed.
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1 Each violation of this Section constitutes a separate
2 offense.
3 (5 ILCS 420/2-106 new)
4 Sec. 2-106. Lobbying by certain partisan legislative
5 staff members; personal service contracts. No person employed
6 as a partisan staff member for the General Assembly who
7 receives an annual salary or compensation of $40,000 or more
8 may, within one year after the termination of that
9 employment, (i) engage in lobbying of the General Assembly
10 for which he or she accepts compensation or (ii) enter into a
11 contract with the General Assembly for the performance of
12 personal services for the General Assembly for which he or
13 she accepts compensation. This Section does not prohibit a
14 person from lobbying or performing personal services without
15 compensation. The amount of salary or compensation specified
16 in this paragraph shall be adjusted annually to incorporate
17 the most recent "Employment Cost Index, Wages and Salaries,
18 By Occupation and Industry Groups: State and Local Government
19 Workers: Public Administration" published by the United
20 States Department of Labor, Bureau of Labor Statistics.
21 A violation of this Section constitutes a Class A
22 misdemeanor for which a fine of up to $10,000 may be imposed.
23 Each violation of this Section constitutes a separate
24 offense.
25 (5 ILCS 420/2-107 new)
26 Sec. 2-107. Lobbying by State officers and employees;
27 personal service contracts. No officer or employee of the
28 executive branch of State government who receives an annual
29 salary or compensation of $40,000 or more may, within one
30 year after the termination of that office or employment, (i)
31 engage in lobbying, for which he or she receives
32 compensation, of the department, agency, board, commission,
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1 constitutional office, or other entity that employed him or
2 her or (ii) enter into a contract with the department,
3 agency, board, commission, constitutional office, or other
4 entity that employed the person, for which the person
5 receives compensation, for the performance of personal
6 services for that department, agency, board, commission,
7 constitutional office, or other entity. This Section does not
8 prohibit a person from lobbying or performing personal
9 services without compensation. This Section does not apply to
10 persons performing services for a State university. The
11 amount of salary or compensation specified in this paragraph
12 shall be adjusted annually to incorporate the most recent
13 "Employment Cost Index, Wages and Salaries, By Occupation and
14 Industry Groups: State and Local Government Workers: Public
15 Administration" published by the United States Department of
16 Labor, Bureau of Labor Statistics.
17 A violation of this Section constitutes a Class A
18 misdemeanor for which a fine of up to $10,000 may be imposed.
19 Each violation of this Section constitutes a separate
20 offense.
21 (5 ILCS 420/2-110)
22 Sec. 2-110. Honoraria.
23 (a) No member of the General Assembly shall accept any
24 honorarium.
25 (b) As used in this Section:
26 "Honorarium" means a payment of money or other item of
27 more than nominal value to a member of the General Assembly
28 for an appearance or speech, excluding any actual and
29 necessary travel expenses incurred by the member of the
30 General Assembly (and one relative) to the extent that those
31 expenses are paid by any other person. "Honorarium" does not
32 include (i) cash payments made on behalf of a member of the
33 General Assembly to an organization that has received or
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1 applied for tax-exempt status described under Section
2 501(c)(3) of the Internal Revenue Code of 1986, (ii) an
3 agent's fee or commission, or (iii) funds reported under
4 Article 9 of the Election Code.
5 "Travel expense" means the necessary and reasonable cost
6 of transportation and the necessary and reasonable cost of
7 lodging and meals incurred while a person is away from his or
8 her residence or principal place of employment.
9 (c) Any honorarium or honoraria accepted in violation of
10 this Section shall be surrendered to the State Treasurer and
11 deposited into the General Revenue Fund.
12 (Source: P.A. 89-405, eff. 11-8-95.)
13 (5 ILCS 420/2-115 new)
14 Sec. 2-115. Fund-raising events.
15 (a) No legislator or candidate for the General Assembly,
16 including his or her political committee as defined in
17 Article 9 of the Election Code, or a political committee
18 whose primary purpose is to support a candidate or candidates
19 for the General Assembly may hold any fund-raising event as
20 described in Section 9-1.4 of the Election Code in the city
21 of Springfield on days the General Assembly is in session.
22 (b) No legislator or candidate for the General Assembly,
23 including his or her political committee as defined in
24 Article 9 of the Election Code, or a political committee
25 whose primary purpose is to support a candidate or candidates
26 for the General Assembly may hold any fund-raising event as
27 described in Section 9-1.4 of the Election Code in the city
28 of Springfield between April 1 and the adjournment of the
29 Spring session of the General Assembly.
30 (5 ILCS 420/2-120 new)
31 Sec. 2-120. Ban on gifts to State employees and public
32 officials from prohibited sources.
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1 (a) Except as otherwise provided herein, no employee of
2 a State agency and no public official shall, directly or
3 indirectly, solicit or accept any gift from any prohibited
4 source or in violation of any federal or State statute or
5 regulation. This ban applies to and includes employees' and
6 public officials' spouses, children, and members of
7 employees' and public officials' immediate family living with
8 the employee or public official. No prohibited source shall
9 offer or make a gift that violates this Section.
10 (b) For the purposes of this Section:
11 "Employee" means any director or secretary, officer, or
12 employee of a State agency.
13 "Gift":
14 (1) includes any gratuity, discount, entertainment,
15 hospitality, loan, forbearance, or other tangible or
16 intangible item having monetary value including, but not
17 limited to, cash, food and drink, and honoraria for
18 speaking engagements except as allowed under Section
19 2-110;
20 (2) but does not include:
21 (A) any political contribution in cash or in
22 kind, if the contribution is actually used for
23 political purposes, is required to be and is
24 reported under Article 9 of the Election Code, and
25 does not violate any law;
26 (B) a commercially reasonable loan evidenced
27 in writing with repayment due by a date certain made
28 in the ordinary course of the lender's business;
29 (C) intra-family and intra-office gifts;
30 (D) items with a value of $25 or less in the
31 aggregate per year from a single source, calculated
32 per calendar year.
33 "Prohibited source" means any person or entity, except a
34 public official, who:
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1 (1) is a lobbyist as defined in Section 1-110.
2 (2) is seeking official action by the General
3 Assembly or any State agency;
4 (3) does business or seeks to do business with the
5 General Assembly or any State agency;
6 (4) conducts activities regulated by the General
7 Assembly or any State agency;
8 (5) has interests that may be substantially
9 affected by the performance or non-performance of the
10 official duties of an employee of any State agency or any
11 public official; or
12 (6) is (i) a spouse or child of or (ii) a member of
13 the immediate family living with, an individual described
14 in this definition.
15 "Public office" means any office for which candidates are
16 required to file statements of economic interests with the
17 Secretary of State under this Act except those judicial
18 officers or candidates listed in subsection (e) of Section
19 4A-101.
20 "Public official" means any person who is elected or
21 appointed to public office.
22 "State Agency" for purposes of this Section includes any
23 agency, department, office, commission, board, or authority
24 within (i) the executive branch, (ii) the legislative branch,
25 and (iii) the judicial branch, including the offices of the
26 clerk of the Supreme Court and the clerks of the Appellate
27 Courts, but not including the several courts of the State.
28 (c) Employees and public officials who knowingly violate
29 this Section shall forfeit their employment or office.
30 (d) A prohibited source who knowingly violates this
31 Section shall be guilty of a business offense and shall be
32 fined not more than $10,000. In addition, any prohibited
33 source convicted of a violation of this Section is prohibited
34 for a period of 3 years from the date of such conviction from
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1 lobbying or doing business with the General Assembly or a
2 State agency.
3 (5 ILCS 420/3-101 rep.)
4 Section 10. The Illinois Governmental Ethics Act is
5 amended by repealing Section 3-101.
6 Section 15. The Election Code is amended by changing
7 Sections 9-1.4, 9-1.5, 9-1.9, 9-10, 9-11, 9-12, 9-13, 9-14,
8 9-23, and 9-28 and by adding Sections 9-25.2, 9-25.3, and
9 25.4, as follows:
10 (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
11 Sec. 9-1.4. "Contribution" means-
12 (1) a gift, subscription, donation, dues, loan, advance,
13 or deposit of money or anything of value, knowingly received
14 in connection with the nomination for election, or election,
15 of any person to public office, in connection with the
16 election of any person as ward or township committeeman in
17 counties of 3,000,000 or more population, or in connection
18 with any question of public policy;
19 (2) the purchase of tickets for fund-raising events,
20 including but not limited to dinners, luncheons, cocktail
21 parties, and rallies made in connection with the nomination
22 for election, or election, of any person to public office, in
23 connection with the election of any person as ward or
24 township committeeman in counties of 3,000,000 or more
25 population, or in connection with any question of public
26 policy;
27 (3) a transfer of funds between political committees;
28 and
29 (4) the services of an employee donated by an employer,
30 in which case the contribution shall be listed in the name of
31 the employer, except that any individual services provided
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1 voluntarily and without promise or expectation of
2 compensation from any source shall not be deemed a
3 contribution; but
4 (5) does not include--
5 (a) the use of real or personal property and the
6 cost of invitations, food, and beverages, voluntarily
7 provided by an individual in rendering voluntary personal
8 services on the individual's residential premises for
9 candidate-related activities; provided the value of the
10 service provided does not exceed an aggregate of $25 $150
11 in a reporting period;
12 (b) the sale of any food or beverage by a vendor
13 for use in a candidate's campaign at a charge less than
14 the normal comparable charge, if such charge for use in a
15 candidate's campaign is at least equal to the cost of
16 such food or beverage to the vendor.
17 (Source: P.A. 89-405, eff. 11-8-95.)
18 (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
19 Sec. 9-1.5. "Expenditure" means-
20 (1) a payment, distribution, purchase, loan, advance,
21 deposit, or gift of money or anything of value, in connection
22 with the nomination for election, or election, of any person
23 to public office, in connection with the election of any
24 person as ward or township committeeman in counties of
25 3,000,000 or more population, or in connection with any
26 question of public policy. However, expenditure does not
27 include -
28 (a) the use of real or personal property and the
29 cost of invitations, food, and beverages, voluntarily
30 provided by an individual in rendering voluntary personal
31 services on the individual's residential premises for
32 candidate-related activities; provided the value of the
33 service provided does not exceed an aggregate of $25 $150
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1 in a reporting period;
2 (b) the sale of any food or beverage by a vendor
3 for use in a candidate's campaign at a charge less than
4 the normal comparable charge, if such charge for use in a
5 candidate's campaign is at least equal to the cost of
6 such food or beverage to the vendor.
7 (2) a transfer of funds between political committees.
8 (Source: P.A. 89-405, eff. 11-8-95.)
9 (10 ILCS 5/9-1.9) (from Ch. 46, par. 9-1.9)
10 Sec. 9-1.9. "Political committee" includes (i) State
11 central and county central committees of any political party,
12 any and also includes local political committees, and any
13 state political committees, and (ii) any corporation, labor
14 union, subdivision of a labor union, limited partnership,
15 partnership, trust, committee, limited liability company, or
16 any other association or organization of persons, however
17 organized whether formally or informally, that contributes,
18 grants, or makes expenditures during any 12-month period in
19 an aggregate amount exceeding $1,000 whether from personal
20 income or profits or otherwise to or on behalf of any
21 candidate, State central committee of any political party,
22 county central committee of any political party, local
23 political committee, or state political committee; but does
24 not include any candidate who does not accept contributions
25 or make expenditures during any 12-month period in an
26 aggregate amount exceeding $1,000, nor does it include, with
27 the exception of State central and county central committees
28 of any political party, any individual, trust, partnership,
29 committee, association, corporation, or any other
30 organization or group of persons which does not accept
31 contributions or make expenditures during any 12-month period
32 in an aggregate amount exceeding $1,000 on behalf of or in
33 opposition to a candidate or candidates or to any question of
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1 public policy to be submitted to the electors of an area
2 encompassing no more than one county (or $3,000 in support of
3 or in opposition to any question of public policy to be
4 submitted to the electors of an area encompassing more than
5 one county), and such candidates and persons shall not be
6 required to comply with any filing provisions in this
7 Article.
8 (Source: P.A. 80-767.)
9 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
10 Sec. 9-10. Reports of campaign contributions;
11 semi-annual reports; preservation.
12 (a) The treasurer of every state political committee and
13 the treasurer of every local political committee shall file
14 with the Board, and the treasurer of every local political
15 committee shall file with the county clerk, reports of
16 campaign contributions, and semi-annual reports of campaign
17 contributions and expenditures on forms to be prescribed or
18 approved by the Board. The treasurer of every political
19 committee that acts as both a state political committee and a
20 local political committee shall file a copy of each report
21 with the State Board of Elections and the county clerk.
22 (b) Reports of campaign contributions shall be filed no
23 later than the 15th day next preceding each election
24 including a primary election in connection with which the
25 political committee has accepted or is accepting
26 contributions or has made or is making expenditures. Such
27 reports shall be complete as of the 30th day next preceding
28 each election including a primary election, except that any
29 contribution of $500 or more received in the interim between
30 the last date of the period covered by the last report filed
31 prior to the election and the date of the election shall be
32 reported within 2 business days after its receipt. The Board
33 shall assess a civil penalty not to exceed $5,000 for a
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1 violation of this subsection (b). However, a continuing
2 political committee that neither accepts contributions nor
3 makes expenditures on behalf of or in opposition to any
4 candidate or public question on the ballot at an election
5 shall not be required to file the reports heretofore
6 prescribed but may file in lieu thereof a Statement of
7 Nonparticipation in the Election with the Board or the Board
8 and the county clerk.
9 (c) In addition to such reports the treasurer of every
10 political committee shall file semi-annual reports of
11 campaign contributions and expenditures no later than July
12 31st, covering the period from January 1st through June 30th
13 immediately preceding, and no later than January 31st,
14 covering the period from July 1st through December 31st of
15 the preceding calendar year. Reports of contributions and
16 expenditures must be filed to cover the prescribed time
17 periods even though no contributions or expenditures may have
18 been received or made during the period. The Board shall
19 assess a civil penalty not to exceed $5,000 for a violation
20 of this subsection (c).
21 (d) A copy of each report or statement filed under this
22 Article shall be preserved by the person filing it for a
23 period of two years from the date of filing.
24 (Source: P.A. 86-873.)
25 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
26 Sec. 9-11. Each report of campaign contributions under
27 Section 9-10 shall disclose-
28 (1) the name and address of the political committee;
29 (2) (Blank);
30 (3) the amount of funds on hand at the beginning of the
31 reporting period;
32 (4) the full name and mailing address of each person who
33 has made one or more contributions to or for such committee
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1 within the reporting period in an aggregate amount or value
2 in excess of $25 $150, together with the amount and date of
3 such contributions, and if the contributor is an individual,
4 the occupation and employer of the contributor or, if the
5 occupation and employer of the contributor are unknown, a
6 statement that the committee has used best efforts to
7 ascertain this information;
8 (5) the total sum of individual contributions made to or
9 for such committee during the reporting period and not
10 reported under item (4);
11 (6) the name and address of each political committee
12 from which the reporting committee received, or to which that
13 committee made, any transfer of funds, in any aggregate
14 amount or value in excess of $25 $150, together with the
15 amounts and dates of all transfers;
16 (7) the total sum of transfers made to or from such
17 committee during the reporting period and not reported under
18 item (6);
19 (8) each loan to or from any person within the reporting
20 period by or to such committee in an aggregate amount or
21 value in excess of $25 $150, together with the full names and
22 mailing addresses of the lender and endorsers, if any, and
23 the date and amount of such loans, and if a lender or
24 endorser is an individual, the occupation and employer of
25 that individual;
26 (9) the total amount of proceeds received by such
27 committee from (a) the sale of tickets for each dinner,
28 luncheon, cocktail party, rally, and other fund-raising
29 events; (b) mass collections made at such events; and (c)
30 sales of items such as political campaign pins, buttons,
31 badges, flags, emblems, hats, banners, literature, and
32 similar materials;
33 (10) each contribution, rebate, refund, or other receipt
34 in excess of $25 $150 received by such committee not
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1 otherwise listed under items (4) through (9), and if the
2 contributor is an individual, the occupation and employer of
3 the contributor or, if the occupation and employer of the
4 contributor are unknown, a statement that the committee has
5 used best efforts to ascertain this information;
6 (11) the total sum of all receipts by or for such
7 committee or candidate during the reporting period.
8 The Board shall by rule define "best efforts".
9 The reports of campaign contributions filed under this
10 Article shall be cumulative during the reporting period to
11 which they relate.
12 (Source: P.A. 90-495, eff. 1-1-98.)
13 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
14 Sec. 9-12. Each report of campaign contributions
15 required by Section 9-10 of this Article to be filed with the
16 Board or the Board and the county clerk shall be verified,
17 dated, and signed by either the treasurer of the political
18 committee making the report or the candidate on whose behalf
19 the report is made, and shall contain substantially the
20 following:
21 REPORT OF CAMPAIGN CONTRIBUTIONS
22 (1) name and address of the political committee:
23 .............................................................
24 (2) the date of the beginning of the reporting period, and
25 the amount of funds on hand at the beginning of the reporting
26 period:
27 .............................................................
28 (3) the full name and mailing address of each person who has
29 made one or more contributions to or for the committee within
30 the reporting period in an aggregate amount or value in
31 excess of $25 $150, together with the amount and date of such
32 contributions, and if the person is an individual, the
33 occupation and employer of each contributor or, if the
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1 occupation and employer of the contributor are unknown, a
2 statement that the committee has used best efforts to
3 ascertain this information:
4 name address amount date occupation employer
5 .... ....... ...... .... .......... ........
6 .... ....... ...... .... .......... ........
7 .... ....... ...... .... .......... ........
8 .... ....... ...... .... .......... ........
9 .... ....... ...... .... .......... ........
10 (4) the total sum of individual contributions made to or for
11 the committee during the reporting period and not reported
12 under item (3) -
13 .............................................................
14 (5) the name and address of each political committee from
15 which the reporting committee received, or to which that
16 committee made, any transfer of funds, in an aggregate amount
17 or value in excess of $25 $150, together with the amounts and
18 dates of all transfers:
19 name address amount date
20 .......... .......... .......... ..........
21 .......... .......... .......... ..........
22 .......... .......... .......... ..........
23 (6) the total sum of transfers made to or from such
24 committee during the reporting period and not under item (5):
25 .............................................................
26 (7) each loan to or from any person within the reporting
27 period by or to the committee in an aggregate amount or value
28 in excess of $25 $150, together with the full names and
29 mailing addresses of the lender and endorsers, if any, and
30 the date and amount of such loans, and if the person is an
31 individual, the occupation and employer of each person making
32 the loan:
33 (8) the total amount of proceeds received by the committee
34 from (a) the sale of tickets for each dinner, luncheon,
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1 cocktail party, rally, and other fund-raising events; (b)
2 mass collections made at such events; and (c) sales of items
3 such as political campaign pins, buttons, badges, flags,
4 emblems, hats, banners, literature, and similar materials:
5 (a)..........................................................
6 (b)..........................................................
7 (c)..........................................................
8 (9) each contribution, rebate, refund, or other receipt in
9 excess of $25 $150 received by the committee not otherwise
10 listed under items (3) through (8), and if the person is an
11 individual, the occupation and employer of each contributor
12 or, if the occupation and employer of the contributor are
13 unknown, a statement that the committee has used best efforts
14 to ascertain this information:
15 name address amount date occupation employer
16 .... ....... ...... .... .......... ........
17 .... ....... ...... .... .......... ........
18 (10) the total sum of all receipts by or for the committee
19 during the reporting period:
20 .............................................................
21 VERIFICATION:
22 "I declare that this report of campaign contributions
23 (including any accompanying schedules and statements) has
24 been examined by me and to the best of my knowledge and
25 belief is a true, correct and complete report as required by
26 Article 9 of The Election Code. I understand that the penalty
27 for willfully filing a false or incomplete statement shall be
28 a fine not to exceed $500 or imprisonment in a penal
29 institution other than the penitentiary not to exceed 6
30 months, or both fine and imprisonment."
31 .............................................................
32 (date of filing) (signature of person making the report)
33 (Source: P.A. 90-495, eff. 1-1-98.)
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1 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
2 Sec. 9-13. Each semi-annual report of campaign
3 contributions and expenditures under Section 9-10 shall
4 disclose-
5 (1) the name and address of the political committee;
6 (2) (Blank);
7 (3) the amount of funds on hand at the beginning of the
8 reporting period;
9 (4) the full name and mailing address of each person who
10 has made one or more contributions to or for such committee
11 within the reporting period in an aggregate amount or value
12 in excess of $25 $150, together with the amount and date of
13 such contributions, and if the contributor is an individual,
14 the occupation and employer of the contributor or, if the
15 occupation and employer of the contributor are unknown, a
16 statement that the committee has used best efforts to
17 ascertain this information;
18 (5) the total sum of individual contributions made to or
19 for such committee during the reporting period and not
20 reported under item (4);
21 (6) the name and address of each political committee
22 from which the reporting committee received, or to which that
23 committee made, any transfer of funds, in the aggregate
24 amount or value in excess of $25 $150, together with the
25 amounts and dates of all transfers;
26 (7) the total sum of transfers made to or from such
27 committee during the reporting period and not reported under
28 item (6);
29 (8) each loan to or from any person within the reporting
30 period by or to such committee in an aggregate amount or
31 value in excess of $25 $150, together with the full names and
32 mailing addresses of the lender and endorsers, if any, and
33 the date and amount of such loans and if a lender or endorser
34 is an individual, the occupation and employer of that
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1 individual;
2 (9) the total amount of proceeds received by such
3 committee from (a) the sale of tickets for each dinner,
4 luncheon, cocktail party, rally, and other fund-raising
5 events; (b) mass collections made at such events; and (c)
6 sales of items such as political campaign pins, buttons,
7 badges, flags, emblems, hats, banners, literature, and
8 similar materials;
9 (10) each contribution, rebate, refund, or other receipt
10 in excess of $25 $150 received by such committee not
11 otherwise listed under items (4) through (9);
12 (11) the total sum of all receipts by or for such
13 committee or candidate during the reporting period;
14 (12) the full name and mailing address of each person to
15 whom expenditures have been made by such committee or
16 candidate within the reporting period in an aggregate amount
17 or value in excess of $25 $150, the amount, date, and purpose
18 of each such expenditure and the question of public policy or
19 the name and address of, and office sought by, each candidate
20 on whose behalf such expenditure was made;
21 (13) the full name and mailing address of each person to
22 whom an expenditure for personal services, salaries, and
23 reimbursed expenses in excess of $25 $150 has been made, and
24 which is not otherwise reported, including the amount, date,
25 and purpose of such expenditure;
26 (14) the total sum of expenditures made by such
27 committee during the reporting period;
28 (15) the full name and mailing address of each person to
29 whom the committee owes debts or obligations in excess of $25
30 $150, and the amount of such debts or obligations.
31 The Board shall by rule define "best efforts".
32 (Source: P.A. 90-495, eff. 1-1-98.)
33 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
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1 Sec. 9-14. Each semi-annual report of campaign
2 contributions and expenditures required by Section 9-10 of
3 this Article to be filed with the Board or the Board and the
4 county clerk shall be verified, dated, and signed by either
5 the treasurer of the political committee making the report or
6 the candidate on whose behalf the report is made, and shall
7 contain substantially the following:
8 SEMI-ANNUAL REPORT OF CAMPAIGN
9 CONTRIBUTIONS AND EXPENDITURES
10 (1) name and address of the political committee:
11 .............................................................
12 (2) the date of the beginning of the reporting period, and
13 the amount of funds on hand at the beginning of the reporting
14 period;
15 .............................................................
16 (3) the full name and mailing address of each person who has
17 made one or more contributions to or for the committee within
18 the reporting period in an aggregate amount or value in
19 excess of $25 $150, together with the amount and date of such
20 contributions, and if the person is an individual, the
21 occupation and employer of each contributor or, if the
22 occupation and employer of the contributor are unknown, a
23 statement that the committee has used best efforts to
24 ascertain this information:
25 name address amount date occupation employer
26 .... ....... ...... .... .......... ........
27 .... ....... ...... .... .......... ........
28 .... ....... ...... .... .......... ........
29 .... ....... ...... .... .......... ........
30 .... ....... ...... .... .......... ........
31 (4) the total sum of individual contributions made to or for
32 the committee during the reporting period and not reported
33 under item--(3):
34 .............................................................
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1 (5) the name and address of each political committee from
2 which the reporting committee received, or to which that
3 committee made, any transfer of funds, in an aggregate amount
4 or value in excess of $25 $150, together with the amounts and
5 dates of all transfers:
6 name address amount date
7 .......... .......... .......... ..........
8 .......... .......... .......... ..........
9 .......... .......... .......... ..........
10 (6) the total sum of transfers made to or from such
11 committee during the reporting period and not reported under
12 item (5);
13 (7) each loan to or from any person within the reporting
14 period by or to the committee in an aggregate amount or value
15 in excess of $25 $150, together with the full names and
16 mailing addresses of the lender and endorsers, if any, and
17 the date and amount of such loans, and if the person is an
18 individual, the occupation and employer of each person making
19 the loan:
20 name address amount date endorsers occupation employer
21 .... ....... ...... .... ......... .......... ........
22 .... ....... ...... .... ......... .......... ........
23 .... ....... ...... .... ......... .......... ........
24 (8) the total amount of proceeds received by the committee
25 from (a) the sale of tickets for each dinner, luncheon,
26 cocktail party, rally, and other fund-raising events; (b)
27 mass collections made at such events; and (c) sales of items
28 such as political campaign pins, buttons, badges, flags,
29 emblems, hats, banners, literature, and similar materials:
30 (a)..........................................................
31 (b)..........................................................
32 (c)..........................................................
33 (9) each contribution, rebate, refund, or other receipt in
34 excess of $25 $150 received by the committee not otherwise
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1 listed under items (3) through (8):
2 name address amount date
3 .......... .......... .......... ..........
4 .......... .......... .......... ..........
5 (10) the total sum of all receipts by or for the committee
6 during the reporting period:
7 .............................................................
8 (11) the full name and mailing address of each person to
9 whom expenditures have been made by the committee within the
10 reporting period in an aggregate amount or value in excess of
11 $25 $150, the amount, date, and purpose of each such
12 expenditure, and the question of public policy or the name
13 and address of, and office sought by, each candidate on whose
14 behalf the expenditure was made:
15 name address amount date purpose beneficiary
16 .......... ....... ...... .... ....... ...........
17 .......... ....... ...... .... ....... ...........
18 .......... ....... ...... .... ....... ...........
19 .......... ....... ...... .... ....... ...........
20 .......... ....... ...... .... ....... ...........
21 (12) the full name and mailing address of each person to
22 whom an expenditure for personal services, salaries, and
23 reimbursed expenses in excess of $25 $150 has been made, and
24 which is not otherwise reported, including the amount, date,
25 and purpose of such expenditure:
26 name address amount date purpose
27 .......... .......... ........ ........ ..........
28 .......... .......... ........ ........ ..........
29 .......... .......... ........ ........ ..........
30 (13) the total sum of expenditures made by the committee
31 during the reporting period;
32 .............................................................
33 (14) the full name and mailing address of each person to
34 whom the committee owes debts or obligations in excess of $25
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1 $150, and the amount of such debts or obligations:
2 .............................................................
3 .............................................................
4 VERIFICATION:
5 "I declare that this semi-annual report of campaign
6 contributions and expenditures (including any accompanying
7 schedules and statements) has been examined by me and to the
8 best of my knowledge and belief is a true, correct and
9 complete report as required by Article 9 of The Election
10 Code. I understand that the penalty for willfully filing a
11 false or incomplete report shall be a fine not to exceed $500
12 or imprisonment in a penal institution other than the
13 penitentiary not to exceed 6 months, or both fine and
14 imprisonment."
15 ................ .......................................
16 (date of filing) (signature of person making the report)
17 (Source: P.A. 90-495, eff. 1-1-98.)
18 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
19 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
20 has issued an order, or has approved a written stipulation,
21 agreed settlement or consent order, directing a person
22 determined by the Board to be in violation of any provision
23 of this Article or any regulation adopted thereunder, to
24 cease or correct such violation or otherwise comply with this
25 Article and such person fails or refuses to comply with such
26 order, stipulation, settlement or consent order within the
27 time specified by the Board, the Board, after affording
28 notice and an opportunity for a public hearing, may impose a
29 civil penalty on such person in an amount not to exceed
30 $5,000 $1,000.
31 Civil penalties imposed on any such person by the Board
32 shall be enforceable in the Circuit Court. The Board shall
33 petition the Court for an order to enforce collection of the
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1 penalty and, if the Court finds it has jurisdiction over the
2 person against whom the penalty was imposed, the Court shall
3 issue the appropriate order. Any civil penalties collected
4 by the Court shall be forwarded to the State Treasurer.
5 In addition to or in lieu of the imposition of a civil
6 penalty, the board may report such violation and the failure
7 or refusal to comply with the order of the Board to the
8 Attorney General and the appropriate State's Attorney.
9 (Source: P.A. 83-540.)
10 (10 ILCS 5/9-25.2 new)
11 Sec. 9-25.2. Contributions from foreign nationals
12 prohibited. No candidate or political committee shall
13 accept, either directly or indirectly, a contribution made by
14 a foreign national. For purposes of this Section, "foreign
15 national" means (i) an individual who is not a citizen of the
16 United States and who is not lawfully admitted for permanent
17 residence, as defined by Section 101(a)(20) of the
18 Immigration and Nationality Act; (ii) a government of a
19 foreign country or a foreign political party; (iii) a person
20 outside of the United States, unless it is established that
21 the person is an individual and a citizen of and domiciled
22 within the United States, or that the person is not an
23 individual and is organized under or created by the laws of
24 the United States, this State, any other state, or any other
25 place subject to the jurisdiction of the United States and
26 has its principal place of business within the United States;
27 and (iv) a partnership, association, corporation,
28 organization, or other combination of persons organized under
29 the laws of or having its principal place of business in a
30 foreign country. "Foreign national" does not include any
31 individual who is a citizen of the United States.
32 (10 ILCS 5/9-25.3 new)
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1 Sec. 9-25.3. Cash contributions in excess of $25
2 prohibited.
3 (a) No candidate, public official, or political
4 committee may accept cash contributions from a single
5 contributor within any 12-month period in an aggregate amount
6 in excess of $25. For the purposes of this Section, "cash"
7 means the currency and coins of the United States, but does
8 not mean checks, money orders, or other negotiable
9 instruments. Any contribution in excess of $25, other than
10 in-kind contributions, shall be made by negotiable instrument
11 or be evidenced by an itemized credit card receipt bearing on
12 its face the name of the remitter. For purposes of this
13 Section, a cash contribution shall be deemed to have been
14 accepted if it is negotiated or deposited, or if it is not
15 returned to the contributor within 72 hours of receipt.
16 (b) A violation under this Section shall constitute a
17 Class A misdemeanor. In addition to any other penalty, a
18 person convicted under this Section shall be fined 3 times
19 the amount of contributions found to have been accepted in
20 violation of this Section. Any contribution accepted in
21 violation of this Section shall escheat to the State of
22 Illinois.
23 (10 ILCS 5/9-25.4 new)
24 Sec. 9-25.4. Personal use of campaign funds.
25 (a) As used in this Section, "personal use" means a use
26 that primarily furthers individual or family purposes
27 unrelated to a political campaign involving a candidate or a
28 question of public policy to be placed on the ballot.
29 (b) A person who accepts a political contribution as a
30 candidate, agent, or officer of a political committee shall
31 not convert the contribution to personal use. This
32 prohibition shall include any personal use of an asset
33 purchased with the contribution and the personal use of any
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1 interest or other income earned on the contribution, but
2 shall exclude expenses incurred for the performance of
3 governmental duties.
4 (c) Campaign funds shall not be used or loaned by any
5 person for any personal use.
6 (d) A violation of this Section shall constitute a Class
7 A misdemeanor.
8 (10 ILCS 5/9-28)
9 Sec. 9-28. Electronic filing and availability. The
10 Board shall may by rule provide for the optional electronic
11 filing of expenditure and contribution reports. The Board
12 shall promptly make all reports filed under this Article by
13 all political committees publicly available by means of a
14 searchable database that is accessible through the World Wide
15 Web.
16 (Source: P.A. 90-495, eff. 8-18-97.)
17 Section 20. The Illinois Purchasing Act is amended by
18 changing Sections 4, 5.3, 6, 6-1, and 9.01 and adding Section
19 12.5 as follows:
20 (30 ILCS 505/4) (from Ch. 127, par. 132.4)
21 Sec. 4. Official newspaper; advertisements. The
22 Department of Central Management Services shall select a
23 secular newspaper printed in the English language of general
24 circulation, to be designated as the "official newspaper",
25 which newspaper so selected shall continue to be the official
26 newspaper of the State of Illinois for a period of one year
27 from the time of its selection. All procurements, except as
28 otherwise provided in this Act, shall be advertised in the
29 official newspaper on at least 3 separate dates with no less
30 than 14 days between the first and last publication date. In
31 addition, advertisements for procurements may also be placed
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1 in agency procurement bulletins or advertised through
2 electronic means, such as the Internet. Advertisements
3 Purchases, contracts, or other obligation or expenditure of
4 funds, except as hereinafter provided, shall be advertised by
5 publication at least once, no less than 14 days before the
6 bid opening, in the official newspaper of the State of
7 Illinois. Such advertisement shall state the day, hour and
8 place when and where bids will be opened and shall inform the
9 bidders of the approximate number of days which are likely to
10 elapse between a contractor's or vendor's submission of a
11 bill to the agency and the State's payment of such bill. Any
12 and all bids or proposals may be rejected. Such
13 advertisement shall be deemed to comply with the competitive
14 procurement requirements of this Act.
15 (Source: P.A. 89-254, eff. 8-8-95.)
16 (30 ILCS 505/5.3) (from Ch. 127, par. 132.5-3)
17 Sec. 5.3. Remodeling and rehabilitation projects under
18 $5,000 $25,000, at correctional facilities, which are funded
19 from the General Revenue Fund, shall be exempt from the
20 provisions of this Act. The Department of Corrections
21 may utilize inmate labor pursuant to the remodeling or
22 rehabilitation of correctional facilities on those projects,
23 under $5,000 $25,000, which are funded from the General
24 Revenue Fund.
25 (Source: P.A. 81-809.)
26 (30 ILCS 505/6) (from Ch. 127, par. 132.6)
27 Sec. 6. State agency purchasing procedures. State
28 agencies may provide that prospective contractors be
29 prequalified to determine their responsibility, as required
30 by this Act. State agencies shall also provide, among other
31 matters which are not in conflict with the policies and
32 principles herein set forth:
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1 a. That all procurements for goods, services, and
2 construction, including professional and artistic service
3 contracts exceeding $50,000, for which an agency is
4 responsible, unless specifically exempted in this Section,
5 shall be awarded by competitive sealed bid. Each invitation
6 for bid shall set forth a description of the items or
7 services being procured, the material contractual terms and
8 conditions, and the criteria for evaluating bids. Contracts
9 shall be awarded to the lowest responsible and responsive
10 bidder, and the winning bid shall be available for public
11 inspection after the contract is awarded.
12 The following procurements do not require advertising or
13 the use of competitive sealed bids:
14 (1) Procurements not exceeding $5,000. That all
15 purchases, contracts and expenditure of funds shall be
16 awarded pursuant to a competitive selection procedure
17 which may provide that contracts be awarded to the lowest
18 responsible bidder considering conformity with
19 specifications, terms of delivery, quality and
20 serviceability, except as provided in paragraphs e, f, g
21 and h of this Section.
22 However, a competitive selection procedure need not be
23 followed in the following cases:
24 (2) (1) Where the goods or services to be procured
25 are economically procurable from only one source, such as
26 contracts for local exchange telephone service,
27 electrical energy, and other public utility services,
28 books, pamphlets and periodicals, and specially designed
29 business and research equipment and related supplies.
30 (2) Where the services required are for
31 professional or artistic skills pursuant to a written
32 contract.
33 (3) In emergencies involving public health, public
34 safety, or where immediate expenditure is necessary for
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1 repairs to State property in order to protect against
2 further loss of or damage to State property, to prevent
3 or minimize serious disruption in State services or to
4 insure the integrity of State records.
5 If funds are expended in an emergency under this
6 subdivision a(3), by purchase, contract, or otherwise,
7 the person authorizing the expenditure shall file an
8 affidavit with the Auditor General within 10 days after
9 the purchase or contract, setting forth the amount
10 expended, the name of the vendor or contractor, and the
11 circumstances requiring the emergency purchase. If only
12 an estimate of the cost is available at the time of
13 filing, the person authorizing the expenditure must
14 report the actual cost to the Auditor General as soon as
15 that cost is determined.
16 The Auditor General shall file with the Legislative
17 Audit Commission and the Governor, at the end of each
18 fiscal quarter, a complete listing of all emergency
19 purchases and contracts reported during that fiscal
20 quarter. The Legislative Audit Commission shall make a
21 thorough review of all emergency purchases so reported,
22 and in its annual report to the General Assembly the
23 Commission shall identify any emergency purchase that
24 appears to constitute an abuse of the authority granted
25 under this subdivision a(3).
26 (4) In case of expenditures for personal services
27 paid to employees or officers of a State agency. As used
28 in this paragraph, "personal services" has the meaning
29 ascribed to that term in Section 14 of the State Finance
30 Act.
31 (5) Contracts for repairs, maintenance, remodeling,
32 renovation, or construction of a single project involving
33 an expenditure not to exceed $10,000 and not involving a
34 change or increase in the size, type or extent of an
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1 existing facility.
2 (6) Contracts for repairs, maintenance, or any
3 other services not specifically exempt from a competitive
4 selection procedure under this Act where individual
5 orders for such services do not exceed $25,000.
6 (7) Purchases of commodities and equipment where
7 individual orders are less than $25,000.
8 (8) Contracts for the maintenance or servicing of,
9 or provision of repair parts for equipment which are made
10 with the manufacturers or authorized service agent of
11 that equipment where the provision of parts, maintenance
12 or servicing can best be performed by the manufacturer or
13 authorized service agent or such a contract would
14 otherwise be advantageous to the State, but the exception
15 provided in this sub-paragraph (8) does not apply to the
16 subdivisions of work listed in paragraph a-1-a of this
17 Section.
18 (5) (9) Where the goods or services are procured
19 from another governmental agency.
20 (10) Purchases and contracts for the use, purchase,
21 delivery, movement or installation of data processing
22 equipment, software or services and telecommunications
23 and inter-connect equipment, software and services.
24 (6) (11) Personal service contracts made by
25 members, officers, committees, or commissions of the
26 General Assembly.
27 (12) Any contract for duplicating machines and
28 supplies.
29 (13) Any contract for the purchase of natural gas
30 when the cost is less than that offered by a public
31 utility.
32 (14) Any contract for State Lottery tickets or
33 shares or for other State Lottery game related services.
34 (15) Purchases of and contracts for office
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1 equipment and associated supplies when such contracts
2 provide for prices that are equal to or lower than
3 Federal General Services Administration contracts and
4 when such contracts or pricing result in economical
5 advantage to the State.
6 (16) Purchases and contracts by the Department of
7 State Police for the use, purchase or installation of
8 forensic science laboratory analytical equipment and
9 analytical data processing equipment used for forensic
10 science laboratory purposes only, including equipment
11 which is microprocessor controlled or controllable, and
12 its software. Prior to the purchase of or contract for
13 such equipment, the Director of the Department of State
14 Police shall certify to the Comptroller and the Auditor
15 General that such equipment is necessary and an integral
16 component of the Department of State Police's statutory
17 investigatory duties and that competitive bidding will
18 hamper such statutory duties. Such certification shall
19 include the prices of and specifications of the equipment
20 to be purchased or contracted for and the prices,
21 specifications and reasons for rejection of comparative
22 equipment by the Department of State Police. The
23 Comptroller shall file such certification with any
24 purchase vouchers or files maintained for the purchase.
25 The Auditor General shall require such certification to
26 be noted in audits performed at his direction.
27 (17) Purchases and contracts by the Department of
28 Nuclear Safety for the use, purchase or installation of
29 radiochemistry laboratory equipment, instruments and
30 equipment used to detect radiation or radioactivity, and
31 data processing equipment used for purposes of detecting
32 radiation or radioactivity. Prior to the purchase of or
33 contract for such equipment, the Director of the
34 Department of Nuclear Safety shall certify to the
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1 Comptroller that such equipment is necessary and an
2 integral component of the Department of Nuclear Safety's
3 emergency response or radiation monitoring programs and
4 that competitive bidding will hamper such programs. Such
5 certification shall include the prices of and
6 specifications of the equipment to be purchased or
7 contracted for and the prices, specifications and reasons
8 for rejection of comparable equipment by the Department
9 of Nuclear Safety. The Comptroller shall file such
10 certification with any purchase vouchers or files
11 maintained for the purchase.
12 (18) Contracts entered into on or before June 30,
13 1998 under Section 49.25h of the Civil Administrative
14 Code of Illinois for leasing or for providing for use of
15 railroad locomotives or other rolling stock (including as
16 it may be altered, improved, serviced, maintained,
17 repaired, or rehabilitated) in existence at the time the
18 contract is entered into.
19 a-1. In case of contracts for the construction of
20 buildings, or for other construction work in or about
21 buildings and grounds, where the entire estimated cost of
22 such work exceeds $25,000, State agencies may provide that
23 prospective contractors, as well as architects and engineers
24 employed in connection with such projects, be prequalified to
25 determine their responsibility. Such prequalification may
26 require, without limitation, that the applicant for
27 prequalification list all public works contracts he has
28 performed within 2 years of the date of application, or the 4
29 most recent public works contracts he has performed,
30 whichever is fewer, and state whether he complied with the
31 Illinois Wage Assignment Act in performing such contracts.
32 Such statement shall be made under oath or affirmation and if
33 made falsely is punishable as perjury under Section 32-2 of
34 the Criminal Code of 1961.
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1 a-1-a. Separate specifications shall be prepared, with
2 the exception of the Cardinal Creek Housing project and 2
3 grade schools associated with the Scott Joint-Use Airport in
4 St. Clair County which shall be permitted, as a one-time
5 exclusion, to allow turn-key development of the required
6 facilities on the basis of competitive quality, performance,
7 and price, for all equipment, labor and materials in
8 connection with the following 5 subdivisions of the work to
9 be performed:
10 1. Plumbing.
11 2. Heating, piping, refrigeration and automatic
12 temperature control systems, including the testing and
13 balancing of such systems.
14 3. Ventilating and distribution systems for
15 conditioned air, including the testing and balancing of
16 such systems.
17 4. Electric wiring.
18 5. General contract work.
19 Such specifications shall be so drawn as to permit
20 separate and independent competitive bidding upon each of the
21 above 5 subdivisions of work; provided, however, if the total
22 estimated cost of all such work is less than $250,000,
23 separate and independent specifications are not required.
24 All contracts awarded for any part thereof shall award the 5
25 subdivisions of such work separately to responsible and
26 reliable persons, firms or corporations engaged in these
27 classes of work. Such contracts, at the discretion of the
28 awarding authority, may be assigned to the successful bidder
29 on the general contract work, or to the successful bidder on
30 the subdivision of work designated by the awarding authority
31 prior to competitive bidding as the prime subdivision of
32 work; provided that all payments will be made directly to the
33 contractors for the 5 subdivisions of such work upon
34 compliance with the conditions of the contract. A contract
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1 may be let for one or more buildings in any project to the
2 same contractor. The specifications shall require, however,
3 that unless the buildings are identical, a separate price
4 shall be submitted for each building. The contract may be
5 awarded to the lowest responsible bidder for each or all of
6 the buildings included in the specifications.
7 As used in this subdivision a-1-a, "competitive bidding"
8 means bidding in which (i) bids are publicly solicited and
9 opened, (ii) the terms and conditions of the solicitation and
10 the bidding process apply equally to all bidders, (iii) bids
11 are awarded to the lowest responsive responsible bidder, and
12 (iv) the procedures used and imposed by the agency conform to
13 any applicable agency rules. A solicitation for bids may not
14 impose restrictions on source, supplier, or manufacturer,
15 except as otherwise provided in this Section. Competitive
16 bidding constitutes a competitive selection procedure for the
17 purposes of this Act.
18 Whenever any contract entered into by a State agency for
19 the repair, remodeling, renovation or construction of a
20 building or structure or for the construction or maintenance
21 of a highway, as those terms are defined in Article 2 of the
22 Illinois Highway Code, or for the reclamation of abandoned
23 lands as those terms are defined in Article I of the
24 Abandoned Mined Lands and Water Reclamation Act, provides for
25 retention of a percentage of the contract price until final
26 completion and acceptance of the work, upon the request of
27 the contractor and with the approval of the State agency the
28 amount so retained may be deposited under a trust agreement
29 with an Illinois bank of the contractor's choice and subject
30 to the approval of the State agency. The contractor shall
31 receive any interest thereon. Upon application by the
32 contractor, the trust agreement must contain, as a minimum,
33 the following provisions:
34 A. the amount to be deposited subject to the trust;
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1 B. the terms and conditions of payment in case of
2 default of the contractor;
3 C. the termination of the trust agreement upon
4 completion of the contract; and
5 D. the contractor shall be responsible for
6 obtaining the written consent of the bank trustee, and
7 any costs or service fees shall be borne by the
8 contractor.
9 The trust agreement may, at the discretion of the State
10 agency and upon request of the contractor, become operative
11 at the time of the first partial payment in accordance with
12 existing statutes and the State agency procedures.
13 a-2. In case of contracts for the purchase of supplies,
14 materials, commodities and equipment, wherever feasible
15 proposals shall be required to be itemized as to kind and the
16 solicitation for proposals shall state, with such degree of
17 particularity as the nature of the case permits, the quantity
18 of each item required.
19 a-3. That all contracts for the rental or lease of
20 electronic data processing equipment shall include a clause
21 that if more favorable terms are granted by the lessor,
22 supplier, dealer, or manufacturer to any similar state or
23 local governmental agency in any state in contemporaneous
24 leases or rental agreements covering data processing
25 equipment let under the same or similar financial terms and
26 circumstances, the more favorable terms shall be applicable
27 to all agreements or contracts made by any similar Illinois
28 state agency for the rental or lease of comparable data
29 processing equipment from the lessor, supplier, dealer, or
30 manufacturer.
31 a-4. An individual contract may not be artificially
32 divided so as to constitute a contract not exceeding $5,000.
33 a-5. Contracts for professional and artistic services
34 over $5,000 but not exceeding $50,000 may be competitively
-34- LRB9007322PTcw
1 bid. If an agency chooses not to use the competitive bid
2 process, a competitive selection process must be used.
3 Awards made pursuant to such competitive selection procedures
4 shall be awarded to the most responsible offeror determined
5 in writing to be most advantageous to the State.
6 b. That competitive procurement procedures shall be in
7 conformance with accepted business practices.
8 c. That proposals shall be publicly opened at the day
9 and hour and at the place specified in the solicitations.
10 d. That any contractor may be suspended for up to 10
11 years not more than one year for violation of the competitive
12 procurement procedures of any State agency or for failure to
13 conform to specifications or terms of delivery.
14 e. When a public contract is to be awarded under
15 competitive procurement selection procedures, a resident
16 contractor must be allowed a preference as against a
17 non-resident bidder from any state which gives or requires a
18 preference to contractors from that state. The preference is
19 to be equal to the preference given or required by the state
20 of the non-resident contractor. Further, if only
21 non-resident contractors are under consideration, the
22 purchasing agency is within its right to specify that
23 Illinois labor and manufacturing locations be used as a part
24 of the manufacturing process, if applicable. This
25 specification may be negotiated, as part of the solicitation
26 process.
27 f. "Resident contractor" as used in this Section means a
28 person authorized to transact business in this State and
29 having a bona fide establishment for transacting business
30 within this State at which it was actually transacting
31 business on the date when any competitive solicitation for a
32 public contract is first advertised or announced, including a
33 foreign corporation duly authorized to transact business in
34 this State which has a bona fide establishment for
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1 transacting business within this State at which it was
2 actually transacting business on the date when any
3 competitive solicitation for a public contract is first
4 advertised or announced.
5 f-1. When a public contract is to be awarded under
6 competitive procurement procedures, an otherwise qualified
7 bidder who will fulfill the contract through the use of an
8 Illinois small business may be given preference over other
9 contractors unable or unwilling to utilize an Illinois small
10 business, provided that the costs of the contractor utilizing
11 an Illinois small business is not more than 10% greater than
12 the costs of the contractor not utilizing an Illinois small
13 business.
14 f-2. "Small business" as used in this Section means a
15 corporation or concern, including its affiliates, that is
16 independently owned and operated, not dominant in its field,
17 and employs fewer than 50 full-time employees or has gross
18 annual sales of less than $4,000,000.
19 g. Paragraphs e, and f, f-1, and f-2 of this Section do
20 not apply to any contract for any project as to which federal
21 funds are available for expenditure when such paragraphs may
22 be in conflict with federal law or federal regulation.
23 h. When a public contract is to be awarded under
24 competitive procurement procedures, an otherwise qualified
25 bidder who will fulfill the contract through the use of
26 products made of recycled materials may, on a pilot basis or
27 pursuant to a pilot study, be given preference over other
28 contractors unable to do so, provided that the cost included
29 in the proposal of products made of recycled materials is not
30 more than 10% greater than the cost of such products not made
31 of recycled materials.
32 i. That every contract for the provision of goods or
33 services shall provide that the vendor or contractor shall
34 maintain, for a minimum of 5 years or the duration of an
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1 on-going audit, whichever is longer, after the completion of
2 the contract, adequate books, records, and supporting
3 documents to verify the amounts, recipients, and uses of all
4 disbursements of funds passing in conjunction with the
5 contract; that the contract and all books, records, and
6 supporting documents related to the contract shall be
7 available for review and audit by the Auditor General; and
8 that the contractor agrees to cooperate fully with any audit
9 conducted by the Auditor General and to provide full access
10 to all relevant materials. Failure to maintain the books,
11 records, and supporting documents required by this Section
12 shall establish a presumption in favor of the State for the
13 recovery of any funds paid by the State under the contract
14 for which adequate books, records, and supporting
15 documentation are not available to support their purported
16 disbursement.
17 j. A contract or expenditure that was made after June
18 30, 1992 and before the effective date of this amendatory Act
19 of 1995 shall not become invalid or be otherwise affected by
20 the changes to subdivision a-1-a of this Section made by this
21 amendatory Act of 1995.
22 (Source: P.A. 88-45; 89-254, eff. 8-8-95; 89-710, eff.
23 2-14-97.)
24 (30 ILCS 505/6-1) (from Ch. 127, par. 132.6-1)
25 Sec. 6-1. Disclosures. Each person who submits a bid in
26 relation to any purchase in excess of $5,000 under this Act
27 must disclose in his application the name of each individual
28 having a beneficial interest of more than 7 1/2% in the
29 enterprise and, if the person wishing to submit a bid or
30 proposal is a corporation, the names of all its officers and
31 directors. The person shall notify the purchasing state
32 agency of any changes in its ownership or officers at the
33 time such changes occur. Disclosures shall be made available
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1 to the public.
2 (Source: P.A. 87-860.)
3 (30 ILCS 505/9.01) (from Ch. 127, par. 132.9a)
4 Sec. 9.01. Whenever any State agency contracts for
5 services involving professional or artistic skills and
6 involving an expenditure of more than $5,000 for the same
7 type of service at the same location during any fiscal year,
8 which contract is subject to the exempt from competitive
9 procurement procedures prescribed by subsection (a-5) reason
10 of sub-paragraph (2) of paragraph a. of Section 6, a copy of
11 the contract, which must be reduced to writing, shall be
12 filed with the Comptroller. All copies of contracts filed
13 pursuant to this Section are public records. The originals or
14 copies of contracts filed pursuant to this Section shall be
15 maintained by the Comptroller in files separate from those
16 used for the filing of other contracts.
17 (Source: P.A. 87-860.)
18 (30 ILCS 505/12.5 new)
19 Sec. 12.5. No officer or employee of the State directly
20 involved with the competitive sealed bidding process, the
21 competitive selection process, or the denying or approving of
22 competitively bid or selected contracts shall do business
23 before his or her former employing agency or department for 2
24 years after leaving State employment.
25 Section 99. Effective date. This Act takes effect
26 January 1, 1998.
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1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 5 ILCS 420/1-109 from Ch. 127, par. 601-109
5 5 ILCS 420/1-110 from Ch. 127, par. 601-110
6 5 ILCS 420/2-105 new
7 5 ILCS 420/2-106 new
8 5 ILCS 420/2-107 new
9 5 ILCS 420/2-110
10 5 ILCS 420/2-115 new
11 5 ILCS 420/2-120 new
12 5 ILCS 420/3-101 rep.
13 10 ILCS 5/9-1.4
14 10 ILCS 5/9-1.5
15 10 ILCS 5/9-1.9
16 10 ILCS 5/9-10 from Ch. 46, par. 9-10
17 10 ILCS 5/9-11 from Ch. 46, par. 9-11
18 10 ILCS 5/9-12 from Ch. 46, par. 9-12
19 10 ILCS 5/9-13 from Ch. 46, par. 9-13
20 10 ILCS 5/9-14 from Ch. 46, par. 9-14
21 10 ILCS 5/9-23 from Ch. 46, par. 9-23
22 10 ILCS 5/9-25.2 new
23 10 ILCS 5/9-25.3 new
24 10 ILCS 5/9-25.4 new
25 10 ILCS 5/9-28
26 30 ILCS 505/4
27 30 ILCS 505/5.3
28 30 ILCS 505/6
29 30 ILCS 505/6-1
30 30 ILCS 505/9.01
31 30 ILCS 505/12.5 new