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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3712 Introduced 2/9/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
| | 5 ILCS 140/7 | | 30 ILCS 500/50-39 | | 30 ILCS 535/35 | from Ch. 127, par. 4151-35 |
| Amends the Freedom of Information Act. Provides that proposals or bids submitted by engineering consultants in response to requests for proposal or other competitive bidding requests by the Department of Transportation or the Illinois Toll Highway Authority are exempt from disclosure under the Act. Amends the Illinois Procurement Code. Provides that the following communications are among the types of communications that are not required to be reported to the Procurement Policy Board: (i) communications providing general information about a firm's products or services or industry best practices, provided those products or services are not directly related to an open procurement matter, and (ii) proposal deficiency communications under a specified provision of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that, as part of the State agency's commitment to fostering greater diversity in contracting, the State agency may communicate with firms who were not selected in order to provide further information about the firm's proposal deficiencies. |
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| | A BILL FOR |
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1 | | AN ACT concerning procurement.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Freedom of Information Act is amended by |
5 | | changing Section 7 as follows:
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6 | | (5 ILCS 140/7) |
7 | | Sec. 7. Exemptions. |
8 | | (1) When a request is made to inspect or copy a public |
9 | | record that contains information that is exempt from |
10 | | disclosure under this Section, but also contains information |
11 | | that is not exempt from disclosure, the public body may elect |
12 | | to redact the information that is exempt. The public body |
13 | | shall make the remaining information available for inspection |
14 | | and copying. Subject to this requirement, the following shall |
15 | | be exempt from inspection and copying: |
16 | | (a) Information specifically prohibited from |
17 | | disclosure by federal or State law or rules and |
18 | | regulations implementing federal or State law. |
19 | | (b) Private information, unless disclosure is required |
20 | | by another provision of this Act, a State or federal law, |
21 | | or a court order. |
22 | | (b-5) Files, documents, and other data or databases |
23 | | maintained by one or more law enforcement agencies and |
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1 | | specifically designed to provide information to one or |
2 | | more law enforcement agencies regarding the physical or |
3 | | mental status of one or more individual subjects. |
4 | | (c) Personal information contained within public |
5 | | records, the disclosure of which would constitute a |
6 | | clearly unwarranted invasion of personal privacy, unless |
7 | | the disclosure is consented to in writing by the |
8 | | individual subjects of the information. "Unwarranted |
9 | | invasion of personal privacy" means the disclosure of |
10 | | information that is highly personal or objectionable to a |
11 | | reasonable person and in which the subject's right to |
12 | | privacy outweighs any legitimate public interest in |
13 | | obtaining the information. The disclosure of information |
14 | | that bears on the public duties of public employees and |
15 | | officials shall not be considered an invasion of personal |
16 | | privacy. |
17 | | (d) Records in the possession of any public body |
18 | | created in the course of administrative enforcement |
19 | | proceedings, and any law enforcement or correctional |
20 | | agency for law enforcement purposes, but only to the |
21 | | extent that disclosure would: |
22 | | (i) interfere with pending or actually and |
23 | | reasonably contemplated law enforcement proceedings |
24 | | conducted by any law enforcement or correctional |
25 | | agency that is the recipient of the request; |
26 | | (ii) interfere with active administrative |
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1 | | enforcement proceedings conducted by the public body |
2 | | that is the recipient of the request; |
3 | | (iii) create a substantial likelihood that a |
4 | | person will be deprived of a fair trial or an impartial |
5 | | hearing; |
6 | | (iv) unavoidably disclose the identity of a |
7 | | confidential source, confidential information |
8 | | furnished only by the confidential source, or persons |
9 | | who file complaints with or provide information to |
10 | | administrative, investigative, law enforcement, or |
11 | | penal agencies; except that the identities of |
12 | | witnesses to traffic crashes, traffic crash reports, |
13 | | and rescue reports shall be provided by agencies of |
14 | | local government, except when disclosure would |
15 | | interfere with an active criminal investigation |
16 | | conducted by the agency that is the recipient of the |
17 | | request; |
18 | | (v) disclose unique or specialized investigative |
19 | | techniques other than those generally used and known |
20 | | or disclose internal documents of correctional |
21 | | agencies related to detection, observation, or |
22 | | investigation of incidents of crime or misconduct, and |
23 | | disclosure would result in demonstrable harm to the |
24 | | agency or public body that is the recipient of the |
25 | | request; |
26 | | (vi) endanger the life or physical safety of law |
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1 | | enforcement personnel or any other person; or |
2 | | (vii) obstruct an ongoing criminal investigation |
3 | | by the agency that is the recipient of the request. |
4 | | (d-5) A law enforcement record created for law |
5 | | enforcement purposes and contained in a shared electronic |
6 | | record management system if the law enforcement agency |
7 | | that is the recipient of the request did not create the |
8 | | record, did not participate in or have a role in any of the |
9 | | events which are the subject of the record, and only has |
10 | | access to the record through the shared electronic record |
11 | | management system. |
12 | | (d-6) Records contained in the Officer Professional |
13 | | Conduct Database under Section 9.2 of the Illinois Police |
14 | | Training Act, except to the extent authorized under that |
15 | | Section. This includes the documents supplied to the |
16 | | Illinois Law Enforcement Training Standards Board from the |
17 | | Illinois State Police and Illinois State Police Merit |
18 | | Board. |
19 | | (d-7) Information gathered or records created from the |
20 | | use of automatic license plate readers in connection with |
21 | | Section 2-130 of the Illinois Vehicle Code. |
22 | | (e) Records that relate to or affect the security of |
23 | | correctional institutions and detention facilities. |
24 | | (e-5) Records requested by persons committed to the |
25 | | Department of Corrections, Department of Human Services |
26 | | Division of Mental Health, or a county jail if those |
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1 | | materials are available in the library of the correctional |
2 | | institution or facility or jail where the inmate is |
3 | | confined. |
4 | | (e-6) Records requested by persons committed to the |
5 | | Department of Corrections, Department of Human Services |
6 | | Division of Mental Health, or a county jail if those |
7 | | materials include records from staff members' personnel |
8 | | files, staff rosters, or other staffing assignment |
9 | | information. |
10 | | (e-7) Records requested by persons committed to the |
11 | | Department of Corrections or Department of Human Services |
12 | | Division of Mental Health if those materials are available |
13 | | through an administrative request to the Department of |
14 | | Corrections or Department of Human Services Division of |
15 | | Mental Health. |
16 | | (e-8) Records requested by a person committed to the |
17 | | Department of Corrections, Department of Human Services |
18 | | Division of Mental Health, or a county jail, the |
19 | | disclosure of which would result in the risk of harm to any |
20 | | person or the risk of an escape from a jail or correctional |
21 | | institution or facility. |
22 | | (e-9) Records requested by a person in a county jail |
23 | | or committed to the Department of Corrections or |
24 | | Department of Human Services Division of Mental Health, |
25 | | containing personal information pertaining to the person's |
26 | | victim or the victim's family, including, but not limited |
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1 | | to, a victim's home address, home telephone number, work |
2 | | or school address, work telephone number, social security |
3 | | number, or any other identifying information, except as |
4 | | may be relevant to a requester's current or potential case |
5 | | or claim. |
6 | | (e-10) Law enforcement records of other persons |
7 | | requested by a person committed to the Department of |
8 | | Corrections, Department of Human Services Division of |
9 | | Mental Health, or a county jail, including, but not |
10 | | limited to, arrest and booking records, mug shots, and |
11 | | crime scene photographs, except as these records may be |
12 | | relevant to the requester's current or potential case or |
13 | | claim. |
14 | | (f) Preliminary drafts, notes, recommendations, |
15 | | memoranda, and other records in which opinions are |
16 | | expressed, or policies or actions are formulated, except |
17 | | that a specific record or relevant portion of a record |
18 | | shall not be exempt when the record is publicly cited and |
19 | | identified by the head of the public body. The exemption |
20 | | provided in this paragraph (f) extends to all those |
21 | | records of officers and agencies of the General Assembly |
22 | | that pertain to the preparation of legislative documents. |
23 | | (g) Trade secrets and commercial or financial |
24 | | information obtained from a person or business where the |
25 | | trade secrets or commercial or financial information are |
26 | | furnished under a claim that they are proprietary, |
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1 | | privileged, or confidential, and that disclosure of the |
2 | | trade secrets or commercial or financial information would |
3 | | cause competitive harm to the person or business, and only |
4 | | insofar as the claim directly applies to the records |
5 | | requested. |
6 | | The information included under this exemption includes |
7 | | all trade secrets and commercial or financial information |
8 | | obtained by a public body, including a public pension |
9 | | fund, from a private equity fund or a privately held |
10 | | company within the investment portfolio of a private |
11 | | equity fund as a result of either investing or evaluating |
12 | | a potential investment of public funds in a private equity |
13 | | fund. The exemption contained in this item does not apply |
14 | | to the aggregate financial performance information of a |
15 | | private equity fund, nor to the identity of the fund's |
16 | | managers or general partners. The exemption contained in |
17 | | this item does not apply to the identity of a privately |
18 | | held company within the investment portfolio of a private |
19 | | equity fund, unless the disclosure of the identity of a |
20 | | privately held company may cause competitive harm. |
21 | | Nothing contained in this paragraph (g) shall be |
22 | | construed to prevent a person or business from consenting |
23 | | to disclosure. |
24 | | (h) Proposals and bids for any contract, grant, or |
25 | | agreement, including information which if it were |
26 | | disclosed would frustrate procurement or give an advantage |
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1 | | to any person proposing to enter into a contractor |
2 | | agreement with the body, until an award or final selection |
3 | | is made. Information prepared by or for the body in |
4 | | preparation of a bid solicitation shall be exempt until an |
5 | | award or final selection is made. |
6 | | (i) Valuable formulae, computer geographic systems, |
7 | | designs, drawings, and research data obtained or produced |
8 | | by any public body when disclosure could reasonably be |
9 | | expected to produce private gain or public loss. The |
10 | | exemption for "computer geographic systems" provided in |
11 | | this paragraph (i) does not extend to requests made by |
12 | | news media as defined in Section 2 of this Act when the |
13 | | requested information is not otherwise exempt and the only |
14 | | purpose of the request is to access and disseminate |
15 | | information regarding the health, safety, welfare, or |
16 | | legal rights of the general public. |
17 | | (j) The following information pertaining to |
18 | | educational matters: |
19 | | (i) test questions, scoring keys, and other |
20 | | examination data used to administer an academic |
21 | | examination; |
22 | | (ii) information received by a primary or |
23 | | secondary school, college, or university under its |
24 | | procedures for the evaluation of faculty members by |
25 | | their academic peers; |
26 | | (iii) information concerning a school or |
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1 | | university's adjudication of student disciplinary |
2 | | cases, but only to the extent that disclosure would |
3 | | unavoidably reveal the identity of the student; and |
4 | | (iv) course materials or research materials used |
5 | | by faculty members. |
6 | | (k) Architects' plans, engineers' technical |
7 | | submissions, and other construction related technical |
8 | | documents for projects not constructed or developed in |
9 | | whole or in part with public funds and the same for |
10 | | projects constructed or developed with public funds, |
11 | | including, but not limited to, power generating and |
12 | | distribution stations and other transmission and |
13 | | distribution facilities, water treatment facilities, |
14 | | airport facilities, sport stadiums, convention centers, |
15 | | and all government owned, operated, or occupied buildings, |
16 | | but only to the extent that disclosure would compromise |
17 | | security. |
18 | | (l) Minutes of meetings of public bodies closed to the |
19 | | public as provided in the Open Meetings Act until the |
20 | | public body makes the minutes available to the public |
21 | | under Section 2.06 of the Open Meetings Act. |
22 | | (m) Communications between a public body and an |
23 | | attorney or auditor representing the public body that |
24 | | would not be subject to discovery in litigation, and |
25 | | materials prepared or compiled by or for a public body in |
26 | | anticipation of a criminal, civil, or administrative |
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1 | | proceeding upon the request of an attorney advising the |
2 | | public body, and materials prepared or compiled with |
3 | | respect to internal audits of public bodies. |
4 | | (n) Records relating to a public body's adjudication |
5 | | of employee grievances or disciplinary cases; however, |
6 | | this exemption shall not extend to the final outcome of |
7 | | cases in which discipline is imposed. |
8 | | (o) Administrative or technical information associated |
9 | | with automated data processing operations, including, but |
10 | | not limited to, software, operating protocols, computer |
11 | | program abstracts, file layouts, source listings, object |
12 | | modules, load modules, user guides, documentation |
13 | | pertaining to all logical and physical design of |
14 | | computerized systems, employee manuals, and any other |
15 | | information that, if disclosed, would jeopardize the |
16 | | security of the system or its data or the security of |
17 | | materials exempt under this Section. |
18 | | (p) Records relating to collective negotiating matters |
19 | | between public bodies and their employees or |
20 | | representatives, except that any final contract or |
21 | | agreement shall be subject to inspection and copying. |
22 | | (q) Test questions, scoring keys, and other |
23 | | examination data used to determine the qualifications of |
24 | | an applicant for a license or employment. |
25 | | (r) The records, documents, and information relating |
26 | | to real estate purchase negotiations until those |
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1 | | negotiations have been completed or otherwise terminated. |
2 | | With regard to a parcel involved in a pending or actually |
3 | | and reasonably contemplated eminent domain proceeding |
4 | | under the Eminent Domain Act, records, documents, and |
5 | | information relating to that parcel shall be exempt except |
6 | | as may be allowed under discovery rules adopted by the |
7 | | Illinois Supreme Court. The records, documents, and |
8 | | information relating to a real estate sale shall be exempt |
9 | | until a sale is consummated. |
10 | | (s) Any and all proprietary information and records |
11 | | related to the operation of an intergovernmental risk |
12 | | management association or self-insurance pool or jointly |
13 | | self-administered health and accident cooperative or pool. |
14 | | Insurance or self-insurance (including any |
15 | | intergovernmental risk management association or |
16 | | self-insurance pool) claims, loss or risk management |
17 | | information, records, data, advice, or communications. |
18 | | (t) Information contained in or related to |
19 | | examination, operating, or condition reports prepared by, |
20 | | on behalf of, or for the use of a public body responsible |
21 | | for the regulation or supervision of financial |
22 | | institutions, insurance companies, or pharmacy benefit |
23 | | managers, unless disclosure is otherwise required by State |
24 | | law. |
25 | | (u) Information that would disclose or might lead to |
26 | | the disclosure of secret or confidential information, |
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1 | | codes, algorithms, programs, or private keys intended to |
2 | | be used to create electronic signatures under the Uniform |
3 | | Electronic Transactions Act. |
4 | | (v) Vulnerability assessments, security measures, and |
5 | | response policies or plans that are designed to identify, |
6 | | prevent, or respond to potential attacks upon a |
7 | | community's population or systems, facilities, or |
8 | | installations, but only to the extent that disclosure |
9 | | could reasonably be expected to expose the vulnerability |
10 | | or jeopardize the effectiveness of the measures, policies, |
11 | | or plans, or the safety of the personnel who implement |
12 | | them or the public. Information exempt under this item may |
13 | | include such things as details pertaining to the |
14 | | mobilization or deployment of personnel or equipment, to |
15 | | the operation of communication systems or protocols, to |
16 | | cybersecurity vulnerabilities, or to tactical operations. |
17 | | (w) (Blank). |
18 | | (x) Maps and other records regarding the location or |
19 | | security of generation, transmission, distribution, |
20 | | storage, gathering, treatment, or switching facilities |
21 | | owned by a utility, by a power generator, or by the |
22 | | Illinois Power Agency. |
23 | | (y) Information contained in or related to proposals, |
24 | | bids, or negotiations related to electric power |
25 | | procurement under Section 1-75 of the Illinois Power |
26 | | Agency Act and Section 16-111.5 of the Public Utilities |
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1 | | Act that is determined to be confidential and proprietary |
2 | | by the Illinois Power Agency or by the Illinois Commerce |
3 | | Commission. |
4 | | (z) Information about students exempted from |
5 | | disclosure under Section 10-20.38 or 34-18.29 of the |
6 | | School Code, and information about undergraduate students |
7 | | enrolled at an institution of higher education exempted |
8 | | from disclosure under Section 25 of the Illinois Credit |
9 | | Card Marketing Act of 2009. |
10 | | (aa) Information the disclosure of which is exempted |
11 | | under the Viatical Settlements Act of 2009. |
12 | | (bb) Records and information provided to a mortality |
13 | | review team and records maintained by a mortality review |
14 | | team appointed under the Department of Juvenile Justice |
15 | | Mortality Review Team Act. |
16 | | (cc) Information regarding interments, entombments, or |
17 | | inurnments of human remains that are submitted to the |
18 | | Cemetery Oversight Database under the Cemetery Care Act or |
19 | | the Cemetery Oversight Act, whichever is applicable. |
20 | | (dd) Correspondence and records (i) that may not be |
21 | | disclosed under Section 11-9 of the Illinois Public Aid |
22 | | Code or (ii) that pertain to appeals under Section 11-8 of |
23 | | the Illinois Public Aid Code. |
24 | | (ee) The names, addresses, or other personal |
25 | | information of persons who are minors and are also |
26 | | participants and registrants in programs of park |
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1 | | districts, forest preserve districts, conservation |
2 | | districts, recreation agencies, and special recreation |
3 | | associations. |
4 | | (ff) The names, addresses, or other personal |
5 | | information of participants and registrants in programs of |
6 | | park districts, forest preserve districts, conservation |
7 | | districts, recreation agencies, and special recreation |
8 | | associations where such programs are targeted primarily to |
9 | | minors. |
10 | | (gg) Confidential information described in Section |
11 | | 1-100 of the Illinois Independent Tax Tribunal Act of |
12 | | 2012. |
13 | | (hh) The report submitted to the State Board of |
14 | | Education by the School Security and Standards Task Force |
15 | | under item (8) of subsection (d) of Section 2-3.160 of the |
16 | | School Code and any information contained in that report. |
17 | | (ii) Records requested by persons committed to or |
18 | | detained by the Department of Human Services under the |
19 | | Sexually Violent Persons Commitment Act or committed to |
20 | | the Department of Corrections under the Sexually Dangerous |
21 | | Persons Act if those materials: (i) are available in the |
22 | | library of the facility where the individual is confined; |
23 | | (ii) include records from staff members' personnel files, |
24 | | staff rosters, or other staffing assignment information; |
25 | | or (iii) are available through an administrative request |
26 | | to the Department of Human Services or the Department of |
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1 | | Corrections. |
2 | | (jj) Confidential information described in Section |
3 | | 5-535 of the Civil Administrative Code of Illinois. |
4 | | (kk) The public body's credit card numbers, debit card |
5 | | numbers, bank account numbers, Federal Employer |
6 | | Identification Number, security code numbers, passwords, |
7 | | and similar account information, the disclosure of which |
8 | | could result in identity theft or impression or defrauding |
9 | | of a governmental entity or a person. |
10 | | (ll) Records concerning the work of the threat |
11 | | assessment team of a school district, including, but not |
12 | | limited to, any threat assessment procedure under the |
13 | | School Safety Drill Act and any information contained in |
14 | | the procedure. |
15 | | (mm) Information prohibited from being disclosed under |
16 | | subsections (a) and (b) of Section 15 of the Student |
17 | | Confidential Reporting Act. |
18 | | (nn) Proprietary information submitted to the |
19 | | Environmental Protection Agency under the Drug Take-Back |
20 | | Act. |
21 | | (oo) Records described in subsection (f) of Section |
22 | | 3-5-1 of the Unified Code of Corrections. |
23 | | (pp) Any and all information regarding burials, |
24 | | interments, or entombments of human remains as required to |
25 | | be reported to the Department of Natural Resources |
26 | | pursuant either to the Archaeological and Paleontological |
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1 | | Resources Protection Act or the Human Remains Protection |
2 | | Act. |
3 | | (qq) (pp) Reports described in subsection (e) of |
4 | | Section 16-15 of the Abortion Care Clinical Training |
5 | | Program Act. |
6 | | (rr) (pp) Information obtained by a certified local |
7 | | health department under the Access to Public Health Data |
8 | | Act. |
9 | | (ss) (pp) For a request directed to a public body that |
10 | | is also a HIPAA-covered entity, all information that is |
11 | | protected health information, including demographic |
12 | | information, that may be contained within or extracted |
13 | | from any record held by the public body in compliance with |
14 | | State and federal medical privacy laws and regulations, |
15 | | including, but not limited to, the Health Insurance |
16 | | Portability and Accountability Act and its regulations, 45 |
17 | | CFR Parts 160 and 164. As used in this paragraph, |
18 | | "HIPAA-covered entity" has the meaning given to the term |
19 | | "covered entity" in 45 CFR 160.103 and "protected health |
20 | | information" has the meaning given to that term in 45 CFR |
21 | | 160.103. |
22 | | (tt) Proposals or bids submitted by engineering |
23 | | consultants in response to requests for proposal or other |
24 | | competitive bidding requests by the Department of |
25 | | Transportation or the Illinois Toll Highway Authority. |
26 | | (1.5) Any information exempt from disclosure under the |
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1 | | Judicial Privacy Act shall be redacted from public records |
2 | | prior to disclosure under this Act. |
3 | | (2) A public record that is not in the possession of a |
4 | | public body but is in the possession of a party with whom the |
5 | | agency has contracted to perform a governmental function on |
6 | | behalf of the public body, and that directly relates to the |
7 | | governmental function and is not otherwise exempt under this |
8 | | Act, shall be considered a public record of the public body, |
9 | | for purposes of this Act. |
10 | | (3) This Section does not authorize withholding of |
11 | | information or limit the availability of records to the |
12 | | public, except as stated in this Section or otherwise provided |
13 | | in this Act. |
14 | | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; |
15 | | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. |
16 | | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, |
17 | | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; |
18 | | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. |
19 | | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised |
20 | | 9-7-23.)
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21 | | Section 10. The Illinois Procurement Code is amended by |
22 | | changing Section 50-39 as follows:
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23 | | (30 ILCS 500/50-39) |
24 | | Sec. 50-39. Procurement communications reporting |
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1 | | requirement. |
2 | | (a) Any written or oral communication received by a State |
3 | | employee who, by the nature of his or her duties, has the |
4 | | authority to participate personally and substantially in the |
5 | | decision to award a State contract and that imparts or |
6 | | requests material information or makes a material argument |
7 | | regarding potential action concerning an active procurement |
8 | | matter, including, but not limited to, an application, a |
9 | | contract, or a project, shall be reported to the Procurement |
10 | | Policy Board, and, with respect to the Illinois Power Agency, |
11 | | by the initiator of the communication, and may be reported |
12 | | also by the recipient. |
13 | | Any person communicating orally, in writing, |
14 | | electronically, or otherwise with the Director or any person |
15 | | employed by, or associated with, the Illinois Power Agency to |
16 | | impart, solicit, or transfer any information related to the |
17 | | content of any power procurement plan, the manner of |
18 | | conducting any power procurement process, the procurement of |
19 | | any power supply, or the method or structure of contracting |
20 | | with power suppliers must disclose to the Procurement Policy |
21 | | Board the full nature, content, and extent of any such |
22 | | communication in writing by submitting a report with the |
23 | | following information: |
24 | | (1) The names of any party to the communication. |
25 | | (2) The date on which the communication occurred. |
26 | | (3) The time at which the communication occurred. |
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1 | | (4) The duration of the communication. |
2 | | (5) The method (written, oral, etc.) of the |
3 | | communication. |
4 | | (6) A summary of the substantive content of the |
5 | | communication. |
6 | | These communications do not include the following: (i) |
7 | | statements by a person publicly made in a public forum; (ii) |
8 | | statements regarding matters of procedure and practice, such |
9 | | as format, the number of copies required, the manner of |
10 | | filing, and the status of a matter; (iii) statements made by a |
11 | | State employee of the agency to the agency head or other |
12 | | employees of that agency, to the employees of the Executive |
13 | | Ethics Commission, or to an employee of another State agency |
14 | | who, through the communication, is either (a) exercising his |
15 | | or her experience or expertise in the subject matter of the |
16 | | particular procurement in the normal course of business, for |
17 | | official purposes, and at the initiation of the purchasing |
18 | | agency or the appropriate State purchasing officer, or (b) |
19 | | exercising oversight, supervisory, or management authority |
20 | | over the procurement in the normal course of business and as |
21 | | part of official responsibilities; (iv) unsolicited |
22 | | communications providing general information about a firm's |
23 | | products or , services , or industry best practices provided |
24 | | before those products or services are not directly related to |
25 | | an open procurement matter become involved in a procurement |
26 | | matter ; (v) communications received in response to procurement |
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1 | | solicitations, including, but not limited to, vendor responses |
2 | | to a request for information, request for proposal, request |
3 | | for qualifications, invitation for bid, or a small purchase, |
4 | | sole source, or emergency solicitation, or questions and |
5 | | answers posted to the Illinois Procurement Bulletin to |
6 | | supplement the procurement action, provided that the |
7 | | communications are made in accordance with the instructions |
8 | | contained in the procurement solicitation, procedures, or |
9 | | guidelines; (vi) communications that are privileged, |
10 | | protected, or confidential under law; and (vii) communications |
11 | | that are part of a formal procurement process as set out by |
12 | | statute, rule, or the solicitation, guidelines, or procedures, |
13 | | including, but not limited to, the posting of procurement |
14 | | opportunities, the process for approving a procurement |
15 | | business case or its equivalent, fiscal approval, submission |
16 | | of bids, the finalizing of contract terms and conditions with |
17 | | an awardee or apparent awardee, and similar formal procurement |
18 | | processes ; and (viii) communications about proposal |
19 | | deficiencies as provided under Section 35 of the |
20 | | Architectural, Engineering, and Land Surveying Qualifications |
21 | | Based Selection Act . The provisions of this Section shall not |
22 | | apply to communications regarding the administration and |
23 | | implementation of an existing contract, except communications |
24 | | regarding change orders or the renewal or extension of a |
25 | | contract. |
26 | | The reporting requirement does not apply to any |
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1 | | communication asking for clarification regarding a contract |
2 | | solicitation so long as there is no competitive advantage to |
3 | | the person or business and the question and answer, if |
4 | | material, are posted to the Illinois Procurement Bulletin as |
5 | | an addendum to the contract solicitation. |
6 | | (b) The report required by subsection (a) shall be |
7 | | submitted monthly and include at least the following: (i) the |
8 | | date and time of each communication; (ii) the identity of each |
9 | | person from whom the written or oral communication was |
10 | | received, the individual or entity represented by that person, |
11 | | and any action the person requested or recommended; (iii) the |
12 | | identity and job title of the person to whom each |
13 | | communication was made; (iv) if a response is made, the |
14 | | identity and job title of the person making each response; (v) |
15 | | a detailed summary of the points made by each person involved |
16 | | in the communication; (vi) the duration of the communication; |
17 | | (vii) the location or locations of all persons involved in the |
18 | | communication and, if the communication occurred by telephone, |
19 | | the telephone numbers for the callers and recipients of the |
20 | | communication; and (viii) any other pertinent information. No |
21 | | trade secrets or other proprietary or confidential information |
22 | | shall be included in any communication reported to the |
23 | | Procurement Policy Board. |
24 | | (c) Additionally, when an oral communication made by a |
25 | | person required to register under the Lobbyist Registration |
26 | | Act is received by a State employee that is covered under this |
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1 | | Section, all individuals who initiate or participate in the |
2 | | oral communication shall submit a written report to that State |
3 | | employee that memorializes the communication and includes, but |
4 | | is not limited to, the items listed in subsection (b). |
5 | | (d) The Procurement Policy Board shall make each report |
6 | | submitted pursuant to this Section available on its website |
7 | | within 7 calendar days after its receipt of the report. The |
8 | | Procurement Policy Board may promulgate rules to ensure |
9 | | compliance with this Section. |
10 | | (e) The reporting requirements shall also be conveyed |
11 | | through ethics training under the State Officials and |
12 | | Employees Ethics Act. An employee who knowingly and |
13 | | intentionally violates this Section shall be subject to |
14 | | suspension or discharge. The Executive Ethics Commission shall |
15 | | promulgate rules, including emergency rules, to implement this |
16 | | Section. |
17 | | (f) This Section becomes operative on January 1, 2011. |
18 | | (g) For purposes of this Section: |
19 | | "Active procurement matter" means a procurement process |
20 | | beginning with requisition or determination of need by an |
21 | | agency and continuing through the publication of an award |
22 | | notice or other completion of a final procurement action, the |
23 | | resolution of any protests, and the expiration of any protest |
24 | | or Procurement Policy Board review period, if applicable. |
25 | | "Active procurement matter" also includes communications |
26 | | relating to change orders, renewals, or extensions. |
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1 | | "Material information" means information that a reasonable |
2 | | person would deem important in determining his or her course |
3 | | of action and pertains to significant issues, including, but |
4 | | not limited to, price, quantity, and terms of payment or |
5 | | performance. |
6 | | "Material argument" means a communication that a |
7 | | reasonable person would believe was made for the purpose of |
8 | | influencing a decision relating to a procurement matter. |
9 | | "Material argument" does not include general information about |
10 | | products, services, or industry best practices or a response |
11 | | to a communication initiated by an employee of the State for |
12 | | the purposes of providing information to evaluate new |
13 | | products, trends, services, or technologies. |
14 | | (Source: P.A. 100-43, eff. 8-9-17.)
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15 | | Section 15. The Architectural, Engineering, and Land |
16 | | Surveying Qualifications Based Selection Act is amended by |
17 | | changing Section 35 as follows:
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18 | | (30 ILCS 535/35) (from Ch. 127, par. 4151-35) |
19 | | Sec. 35. Selection procedure. On the basis of evaluations, |
20 | | discussions, and any presentations, the State agency shall |
21 | | select no less than 3 firms it determines to be qualified to |
22 | | provide services for the project and rank them in order of |
23 | | qualifications to provide services regarding the specific |
24 | | project. The State agency shall then contact the firm ranked |