[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] |
91_SB0421
LRB9101383JMmb
1 AN ACT to amend the Illinois Procurement Code by changing
2 Section 50-35.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Procurement Code is amended by
6 changing Section 50-35 as follows:
7 (30 ILCS 500/50-35)
8 Sec. 50-35. Disclosure and potential conflicts of
9 interest.
10 (a) All offers from responsive bidders or offerors with
11 an annual value of more than $10,000 shall be accompanied by
12 disclosure of the financial interests of the contractor,
13 bidder, or proposer. The financial disclosure of each
14 successful bidder or offeror shall become part of the
15 publicly available contract or procurement file maintained by
16 the appropriate chief procurement officer.
17 (b) Disclosure by the responsive bidders or offerors
18 shall include any ownership or distributive income share that
19 is in excess of 5%, or an amount greater than 60% of the
20 annual salary of the Governor, of the bidding entity or its
21 parent entity, whichever is less, unless the contractor or
22 bidder (i) is a publicly traded entity subject to Federal 10K
23 reporting, in which case it may submit its 10K disclosure in
24 place of the prescribed disclosure, or (ii) is a privately
25 held entity that is exempt from Federal 10k reporting but has
26 more than 400 shareholders, in which case it may submit the
27 information that Federal 10k reporting companies are required
28 to report under 17 CFR 229.401 and list the names of any
29 person or entity holding any ownership share that is in
30 excess of 5% in place of the prescribed disclosure. The form
31 of disclosure shall be prescribed by the applicable chief
-2- LRB9101383JMmb
1 procurement officer and must include at least the names,
2 addresses, and dollar or proportionate share of ownership of
3 each person identified in this Section, their instrument of
4 ownership or beneficial relationship, and notice of any
5 potential conflict of interest resulting from the current
6 ownership or beneficial relationship of each person
7 identified in this Section having in addition any of the
8 following relationships:
9 (1) State employment, currently or in the previous
10 3 years, including contractual employment of services.
11 (2) State employment of spouse, father, mother,
12 son, or daughter, including contractual employment for
13 services in the previous 2 years.
14 (3) Elective status; the holding of elective office
15 of the State of Illinois, the government of the United
16 States, any unit of local government authorized by the
17 Constitution of the State of Illinois or the statutes of
18 the State of Illinois currently or in the previous 3
19 years.
20 (4) Relationship to anyone holding elective office
21 currently or in the previous 2 years; spouse, father,
22 mother, son, or daughter.
23 (5) Appointive office; the holding of any
24 appointive government office of the State of Illinois,
25 the United States of America, or any unit of local
26 government authorized by the Constitution of the State of
27 Illinois or the statutes of the State of Illinois, which
28 office entitles the holder to compensation in excess of
29 expenses incurred in the discharge of that office
30 currently or in the previous 3 years.
31 (6) Relationship to anyone holding appointive
32 office currently or in the previous 2 years; spouse,
33 father, mother, son, or daughter.
34 (7) Employment, currently or in the previous 3
-3- LRB9101383JMmb
1 years, as or by any registered lobbyist of the State
2 government.
3 (8) Relationship to anyone who is or was a
4 registered lobbyist in the previous 2 years; spouse,
5 father, mother, son, or daughter.
6 (9) Compensated employment, currently or in the
7 previous 3 years, by any registered election or
8 re-election committee registered with the Secretary of
9 State or any county clerk in the State of Illinois, or
10 any political action committee registered with either the
11 Secretary of State or the Federal Board of Elections.
12 (10) Relationship to anyone; spouse, father,
13 mother, son, or daughter; who is or was a compensated
14 employee in the last 2 years of any registered election
15 or re-election committee registered with the Secretary of
16 State or any county clerk in the State of Illinois, or
17 any political action committee registered with either the
18 Secretary of State or the Federal Board of Elections.
19 (c) The disclosure in subsection (b) is not intended to
20 prohibit or prevent any contract. The disclosure is meant to
21 fully and publicly disclose any potential conflict to the
22 chief procurement officers, State purchasing officers, their
23 designees, and executive officers so they may adequately
24 discharge their duty to protect the State.
25 (d) In the case of any contract for personal services in
26 excess of $50,000; any contract competitively bid in excess
27 of $250,000; any other contract in excess of $50,000; when a
28 potential for a conflict of interest is identified,
29 discovered, or reasonably suspected it shall be reviewed and
30 commented on in writing by the Governor of the State of
31 Illinois, or by an executive ethics board or commission he or
32 she might designate. The comment shall be returned to the
33 responsible chief procurement officer who must rule in
34 writing whether to void or allow the contract, bid, offer, or
-4- LRB9101383JMmb
1 proposal weighing the best interest of the State of Illinois.
2 The comment and determination shall become a publicly
3 available part of the contract, bid, or proposal file.
4 (e) These threshholds and disclosure do not relieve the
5 chief procurement officer, the State purchasing officer, or
6 their designees from reasonable care and diligence for any
7 contract, bid, offer, or proposal. The chief procurement
8 officer, the State purchasing officer, or their designees
9 shall be responsible for using any reasonably known and
10 publicly available information to discover any undisclosed
11 potential conflict of interest and act to protect the best
12 interest of the State of Illinois.
13 (f) Inadvertent or accidental failure to fully disclose
14 shall render the contract, bid, proposal, or relationship
15 voidable by the chief procurement officer if he or she deems
16 it in the best interest of the State of Illinois and, at his
17 or her discretion, may be cause for barring from future
18 contracts, bids, proposals, or relationships with the State
19 for a period of up to 2 years.
20 (g) Intentional, willful, or material failure to
21 disclose shall render the contract, bid, proposal, or
22 relationship voidable by the chief procurement officer if he
23 or she deems it in the best interest of the State of Illinois
24 and shall result in debarment from future contracts, bids,
25 proposals, or relationships for a period of not less than 2
26 years and not more than 10 years. Reinstatement after 2
27 years and before 10 years must be reviewed and commented on
28 in writing by the Governor of the State of Illinois, or by an
29 executive ethics board or commission he or she might
30 designate. The comment shall be returned to the responsible
31 chief procurement officer who must rule in writing whether
32 and when to reinstate.
33 (h) In addition, all disclosures shall note any other
34 current or pending contracts, proposals, leases, or other
-5- LRB9101383JMmb
1 ongoing procurement relationships the bidding, proposing, or
2 offering entity has with any other unit of State government
3 and shall clearly identify the unit and the contract,
4 proposal, lease, or other relationship.
5 (Source: P.A. 90-572, eff. 2-6-98.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.