Illinois 93rd Regular Session Status: Enacted 3 D cosponsors

SB 73 — CONTRACTOR ACCOUNTABILITY ACT

Last action — Public Act . . . . . . . . . 93-1035

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 22, 2003. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 40 sponsors

    0 primary, 40 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the Public Service Accountability Act. Sets out the requirements for privatization contracts between contractors and State agencies. Provides for the monitoring and enforcement of privatization contracts. Establishes fines and prison sentences for a violation of certain Sections of the Act. Effective immediately.

Bill Text

What changed in the latest version

258 added · 550 removed

Plain-language change summary

The recent amendment to SB 73 changes how the Joint Committee can respond to proposed agency rules that may pose a threat to public safety or welfare. Now, they can issue a formal statement of objection with a three-fifths vote before a rule takes effect, and they can withdraw that statement with a majority vote within 180 days. This clarification allows for more timely oversight of rules that could negatively impact the public, ensuring that such concerns can be addressed promptly.

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SB73 Engrossed SDS093 00001 LMT 00001 b AN ACT concerning State Government.
SB73 Enrolled SDS093 00001 LMT 00001 b AN ACT concerning State Government.
Section 1.
Short title.
This Act may be cited as the Public Service Accountability Act.
Legislative intent.
The Illinois Administrative Procedure Act is amended by changing Sections 5-115, 5-120, and 5-125 as follows:
The legislature finds that using private contractors to provide public services formerly provided by public employees does not always promote the public interest.
(5 ILCS 100/5-115) (from Ch.
To ensure that citizens of this State receive high quality public services at a low cost, with due regard for the taxpayers of this State, the service recipients, and the needs of public and private workers, the legislature finds it necessary to regulate privatization contracts and to protect those workers who report conditions and practices that impact on the efficiency and quality of public services provided by private contractors.
127, par.
The legislature further finds it necessary to ensure that access to public information guaranteed by the Freedom of Information Act is not in any way hindered by the fact that public services are provided by private contractors.
1005-115) Sec.
Section 10.
5-115.
Definitions.
Other action by the Joint Committee.
For purposes of this Act:
(a) If the Joint Committee determines that the adoption and effectiveness of a proposed rule, amendment, or repealer or portion of a proposed rule, amendment, or repealer by an agency would be objectionable under any of the standards for the Joint Committee’s review specified in Section 5-100, 5-105, 5-110, 5-120, or 5-130 and would constitute a serious threat to the public interest, safety, or welfare, the Joint Committee may issue a statement to that effect at any time before the proposed rule, amendment, or repealer takes effect.
"State agency" or "agency" means executive offices, departments, divisions, bureaus, authorities, bodies corporate and public of the State, boards, commissions, or other offices or officers in the executive branch of State government.
The statement may be issued by the Joint Committee only upon the affirmative vote of three-fifths of the members appointed to the Joint Committee.
"Employee of a private contractor" means a worker directly employed by a private contractor or subcontractor or an independent contractor that provides supplies or services to a private contractor.
The Joint Committee, however, may withdraw a statement within 180 days after it is issued upon the affirmative vote of a majority of the members appointed to the Joint Committee.
This term includes former employees SB73 Engrossed -2- SDS093 00001 LMT 00001 b of a private contractor or subcontractor and former independent contractors.
A certified copy of each the statement and withdrawal shall be transmitted to the proposing agency and to the Secretary of State for publication in the next available issue of the Illinois Register.
"Discrimination or retaliation" means a threat, intimidation, or any adverse change in an employee's wages, benefits, or terms or conditions of employment as a result of the employee reporting a violation of this Act.
(b) The proposed rule, amendment, or repealer or the portion of the proposed rule, amendment, or repealer to which the Joint Committee has issued a statement under subsection (a) shall not be accepted for filing by the Secretary of State nor take effect unless the statement is withdrawn or a joint resolution is passed as provided in subsection (c) for at least SB73 Enrolled - 2 - SDS093 00001 LMT 00001 b 180 days after receipt of the statement by the Secretary of State.
In the case of a person who is not an employee of the private contractor, this term includes any adverse action taken against the person or the person's employer as a result of reporting a violation of this Act, including the cancellation of or refusal to renew a contract with the person or the person's employer.
The agency may not enforce or invoke for any reason a proposed rule, amendment, or repealer or any portion thereof that is prohibited from being filed by this subsection during this 180 day period.
"Services" means, with respect to a private contractor, all aspects of the provision of services provided by a private contractor pursuant to a privatization contract, or any services provided by a subcontractor of a private contractor.
(c) After The Joint Committee shall, as soon as practicable after the issuance of a statement under subsection (a), any member of the General Assembly may introduce in either house of the General Assembly a joint resolution stating that the General Assembly desires to discontinue continue the prohibition against the proposed rule, amendment, or repealer or the portion thereof to which the statement was issued being filed and taking effect.
"Person" means an individual, corporation, partnership, firm, organization or association acting individually or as a group, institution, federal, State, or local governmental entity, or any other public or private entity.
The joint resolution shall, immediately following its first reading, be placed on the calendar for consideration in each house of the General Assembly without reference to a standing committee.
"Privatization contract" means an agreement or combination or series of agreements by which a non-governmental person or entity agrees with a State agency to provide services valued at $100,000 or more that are substantially similar to and in lieu of services that are being provided by regular employees of an agency upon or after the effective date of this Act and that result in the reduction in force of at least one permanent, classified employee.
If the joint resolution is not passed by both houses of the General Assembly within the 180 days after receipt of the statement by the Secretary of State or the statement is not withdrawn as provided in subsection (a) day period provided in subsection (b), the agency shall be prohibited from filing the proposed rule, amendment, or repealer or the portion thereof and the proposed rule, amendment, or repealer or the portion thereof shall not take effect.
Notwithstanding any provision of this Act to the contrary, any agreement entered into prior to the effective date of this Act, including any amendments or renewals of those agreements, shall not be considered a privatization contract.
The Secretary of State shall not accept for filing the proposed rule, amendment, or repealer or the portion thereof with respect to which the Joint Committee has issued a statement under subsection (a) unless that statement is withdrawn or a joint resolution is passed as provided in this subsection.
This Act shall not apply to contracts if any of the SB73 Engrossed -3- SDS093 00001 LMT 00001 b following apply:
that the General Assembly has prohibited the agency from filing as provided in this subsection.
(1) The services are not available within the agency or are of such a highly specialized or technical nature that the necessary knowledge, skills, or expertise is not available within the agency;
If the 180-day 180 day period provided in subsection (b) expires before passage of the joint resolution, the agency may not file the proposed rule, amendment, or repealer or the portion thereof as adopted and it shall not take effect.
(2) The services are incidental to a contract for the purchase or lease of real or personal property;
(d) If a statement is issued under this Section, then, in response to an objection or suggestion of the Joint Committee, SB73 Enrolled - 3 - SDS093 00001 LMT 00001 b the agency may propose changes to the proposed rule, amendment, or repealer or portion of a proposed rule, amendment, or repealer.
(3) There is a demonstrated need for an independent audit, review, or investigation;
If the agency proposes changes, it must provide additional notice to the Joint Committee under the same terms and conditions and shall be subject to the same requirements and limitations as those set forth for a second notice period under subsection (c) of Section 5-40.
(4) The State is not able to provide equipment, materials, facilities, or support services in the location where the services are to be performed;
(Source:
(5) The contract is for professional services that are typically rendered on a case-by-case or project-by-project basis, such as legal, professional engineering, structural engineering, land surveying, or architectural services, and the services are:
P.A.
(i) limited to the duration of the project, normally not to exceed 2 years, or (ii) are provided on an intermittent basis for the duration of the contract.
87-823;
(6) The need for services is urgent, temporary, or occasional, such that the time necessary to hire and train employees would render obtaining the services from State employees imprudent.
88-667, eff.
The contract for urgent, temporary, or occasional services shall be limited to 90 days' duration, with any extension subject to review and approval;
9-16-94.) (5 ILCS 100/5-120) (from Ch.
(7) Efforts to recruit State employees to perform work authorized by law have failed because no applicant meeting the minimum qualifications has applied for the job;
127, par.
(8) The contract is for services of private counsel;
1005-120) Sec.
(9) The contract is for services for training SB73 Engrossed -4- SDS093 00001 LMT 00001 b courses that can not be provided by current State employees;
5-120.
(10) The contract is for highway, structure, airport, or transit construction or for building and structure construction;
Responsibilities of the Joint Committee with respect to emergency, peremptory, and other existing rules.
(11) The contract includes the purchase of care, as defined in the Illinois Procurement Code, and facilities licensed under the Nursing Home Care Act of 1971;
(a) The Joint Committee may examine any rule to determine whether the rule is within the statutory authority upon which it is based and whether the rule is in proper form.
(12) The contract includes a grant, as defined in the Illinois Procurement Code;
(b) If the Joint Committee objects to a rule, it shall, within 5 days of the objection, certify the fact to the adopting agency and include within the certification a statement of its specific objections.
(13) There is a conflict of interest;
(c) Within 90 days after receiving the certification, the agency shall do one of the following:
or (14) The agreement was entered into prior to the effective date of this Act, including any agreement resulting from a rebidding or previously privatized service or an agreement renewing or extending a privatization contract.
(1) Notify the Joint Committee that it has elected to amend the rule to meet the Joint Committee’s objection.
"Private contractor" means any entity that enters into a privatization contract as that term is defined in this Section.
(2) Notify the Joint Committee that it has elected to repeal the rule.
"Public employee" means an employee of any State department or agency.
(3) Notify the Joint Committee that it refuses to amend or repeal the rule.
"Public record" means a public record as defined in the Freedom of Information Act, and also includes any document relating to the privatization contract or performance under the privatization contract, prepared, received, or retained by a contractor or subcontractor whether that document be handwritten, typed, tape-recorded, printed, photocopied, photographed, or recorded by any other method but excluding those documents that would be considered as exemptions under the Freedom of Information Act which include trade secrets, bid proposals, formulae, and designs.
(d) If the agency elects to amend a rule to meet the Joint Committee’s objections, it shall notify the Joint Committee in writing and shall initiate rulemaking procedures for that purpose by giving notice as required by Section 5-35.
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"Subcontractor" means a subcontractor of a private contractor for work under a privatization contract or an amendment to a privatization contract.
The Joint Committee shall give priority to rules so amended when setting its agenda.
SB73 Engrossed -5- SDS093 00001 LMT 00001 b Section 15.
(e) If the agency elects to repeal a rule as a result of the Joint Committee’s objections, it shall notify the Joint Committee in writing of its election and shall initiate SB73 Enrolled - 4 - SDS093 00001 LMT 00001 b rulemaking procedures for that purpose by giving notice as required by Section 5-35.
Privatization contracts;
(f) If the agency elects to amend or repeal a rule as a result of the Joint Committee’s objections, it shall complete the process within 180 days after giving notice in the Illinois Register.
requirements.
(g) Failure of the agency to respond to the Joint Committee’s objections to a rule within the time prescribed in subsection (c) shall constitute a refusal to amend or repeal the rule.
(a) No State agency shall make any privatization contract and no privatization contract shall be valid unless the State agency and the contractor comply with the requirements of this Act, including listing those specified provisions in the privatization contract as required by this Act.
(h) If an agency refuses to amend or repeal a rule to remedy an objection stated by the Joint Committee, it shall notify the Joint Committee in writing of its refusal and shall submit a notice of refusal to the Secretary of State.
(b) The State agency shall prepare a specific written statement of the services to be provided under the privatization contract, including the specific quantity and standard of quality of the subject services.
The notice shall be published in the next available issue of the Illinois Register.
This statement shall be a public record, shall be filed in the agency, and shall be published in the State register.
If the Joint Committee, in response to an agency refusal, decides to suspend the rule, then it may do so pursuant to Section 5-125.
(c) For each position in which a contractor will employ a person pursuant to the privatization contract, the minimum compensation to be paid for the position shall be:
recommend legislative action, then the Joint Committee shall have drafted and introduced into either house of the General Assembly appropriate legislation to implement the recommendations of the Joint Committee.
(1) the greater of the wage rate paid at step one of the grade or classification under which an agency employee whose duties are most similar is paid plus provision of comparable health insurance and pension contributions equivalent to the benefit paid by the agency for those employees or the cash value of the benefit;
(Source:
or (2) the private sector compensation rate, or prevailing rate, including the value of health and other benefits, for that position as determined by the Department of Labor.
P.A.
(d) No amendment to a privatization contract shall be valid if it has the purpose or effect of avoiding any of the requirements of this Act.
87-823;
(e) Every privatization contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified regular employees of the agency whose State employment is SB73 Engrossed -6- SDS093 00001 LMT 00001 b terminated because of the privatization contract.
88-667, eff.
Every contract shall also contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.
9-16-94.) (5 ILCS 100/5-125) (from Ch.
(f) Every privatization contract shall contain provisions regarding the process for determining whether or not to disclose a particular record or type of record.
127, par.
The privatization contract shall specify who is responsible for determining whether or not disclosure is required and shall outline the liability of the parties to the contract for failure to disclose as required by either the Freedom of Information Act or this Act.
1005-125) Sec.
Section 20.
5-125.
Review of contract costs.
Other Joint Committee action with respect to emergency or peremptory rulemaking.
(a) Any State agency considering whether to enter into a privatization contract shall prepare a comprehensive written estimate of the costs of regular agency employees providing the subject services in the most cost-efficient manner.
(a) If the Joint Committee determines that a rule or portion of a rule adopted under Section 5-45 or 5-50 is objectionable under any of the standards for the Joint Committee’s review specified in Section 5-100, 5-105, 5-110, 5-120, or 5-130 and constitutes a serious threat to the public interest, safety, or welfare, the Joint Committee may issue a statement to that effect.
The estimate shall include all direct and indirect costs of regular agency employees providing the subject services including, but not limited to, pension, insurance, and other employee benefit costs.
The statement may be issued by the Joint Committee only upon the affirmative vote of three-fifths of the members appointed to the Joint Committee.
Upon completion of the cost estimate, the State agency shall notify any employee organization representing agency employees who may be affected and provide a copy of the written estimate and notification of consideration to enter into a privatization contract.
The Joint Committee, however, may withdraw a statement within 180 days SB73 Enrolled - 5 - SDS093 00001 LMT 00001 b after it is issued upon the affirmative vote of a majority of the members appointed to the Joint Committee.
For the purposes of this estimate, any employee organization may propose amendments to any relevant collective bargaining agreement to which it is a party.
A certified copy of each the statement and withdrawal shall be transmitted to the affected agency and to the Secretary of State for publication in the next available issue of the Illinois Register.
An employee organization must submit amendments for consideration within 35 working days prior to the final day for the agency to receive sealed bids.
Within 30 days of transmittal of the statement to the agency, the agency shall notify the Joint Committee in writing whether it has elected to repeal or amend the rule.
This estimate shall remain confidential until after the SB73 Engrossed -7- SDS093 00001 LMT 00001 b final day for the agency to receive sealed bids for the privatization contract at which time the estimate shall become a public record, shall be filed with the agency, and shall be published in the State register.
Failure of the agency to notify the Joint Committee and Secretary of State within 30 days constitutes a decision by the agency to not repeal the rule.
(b) Any State agency required to complete a written estimate of costs evaluation as detailed in subsection (a) of this Section shall also prepare a community impact evaluation that shall be submitted to the General Assembly when the issuance of a privatization contract would result in the closure of a State facility or the layoff of the lesser of 50 employees or 50% of the staff of a State facility or agency.
(b) The effectiveness of the rule or the portion of a rule shall be suspended immediately for at least 180 days upon receipt of the certified statement by the Secretary of State.
A community impact evaluation shall also be submitted to the General Assembly when a private entity that holds a privatization contract with a State agency seeks to layoff the lesser of 50 employees or 50% of the staff performing work pursuant to the privatization contract.
The Secretary of State shall indicate the suspension prominently and clearly on the face of the affected rule or the portion of a rule filed in the Office of the Secretary of State.
Any time a community impact evaluation is required pursuant to this Act, a report shall be presented to the General Assembly no later than 3 months prior to the planned issuance of a privatization contract or the implementation of a facility closure or the layoff of employees.
Rules or portions of rules suspended under this subsection shall not become effective again unless the statement is withdrawn as provided in subsection (a) or unless within upon the expiration of 180 days from receipt of the statement by the Secretary of State, if the General Assembly discontinues does not continue the suspension by joint resolution under subsection (c).
The community impact evaluation shall be in the form of a report to the General Assembly and shall include, but not be limited to, the following:
The agency may not enforce, or invoke for any reason, a rule or portion of a rule that has been suspended under this subsection.
(1) State revenues expected to be saved as a result of the proposed layoff or facility or agency closing;
During the 180-day 180 day period, the agency may not file, nor may the Secretary of State accept for filing, any rule that (i) has having substantially the same purpose and effect as rules or portions of rules suspended under this subsection or (ii) does not substantially address the statement issued under subsection (a), except as otherwise provided in this Section.
(2) the rationale for the layoff or facility or agency closing;
(c) After The Joint Committee shall, as soon as practicable after the issuance of a statement under subsection (a), any member of the General Assembly may introduce in cause to be introduced in either house of the General Assembly a joint SB73 Enrolled - 6 - SDS093 00001 LMT 00001 b resolution stating that the General Assembly desires to discontinue continue the suspension of effectiveness of a rule or the portion of the rule to which the statement was issued.
(3) the function and duties of the State employees that will be laid off;
The joint resolution shall immediately following its first reading be placed on the calendar for consideration in each house of the General Assembly without reference to a standing committee.
(4) whether the function and duties of the State employees to be laid off will be performed by another section of State government, and if so, which section;
If the joint resolution is not passed by both houses of the General Assembly within the 180-day 180 day period provided in subsection (b) or the statement is not withdrawn, the rule or the portion of the rule shall be considered repealed and the Secretary of State shall immediately remove the rule or portion of a rule from the collection of effective rules.
(5) the economic impact on the community where the SB73 Engrossed -8- SDS093 00001 LMT 00001 b proposed layoff or closure of a facility or agency is located;
(d) If a statement is issued under this Section, then, in response to an objection or suggestion of the Joint Committee, the agency may propose changes to the rule, amendment, or repealer or portion of a rule, amendment, or repealer.
(6) the analyses of current and projected economic and labor conditions of the communities affected by the proposed layoff or facility or agency closure;
If the agency proposes changes, it must provide additional notice to the Joint Committee under the same terms and conditions and shall be subject to the same requirements and limitations as those set forth for a second notice period under subsection (c) of Section 5-40.
(7) any other data that pertains to the economic and labor impacts on Illinois communities as a result of the proposed layoff or facility or agency closing;
(Source:
and (8) any other data that the General Assembly may request concerning the proposed layoff or facility or agency closing.
P.A.
(c) The agency shall publicly designate the bidder to which it proposes to award the privatization contract.
87-823;
In selecting a contractor, the agency shall consider the contractor's past performance and its record in this State or any other state of compliance with federal, state, and local laws, including the disclosures and certification requirements required by this Act.
88-667, eff.
A bidder who does not satisfy the disclosure and certification requirements of this Section shall not be awarded a privatization contract under this Act.
9-16-94.) Section 10.
(d) The agency shall prepare a comprehensive written analysis of the contract cost based upon the designated bid, specifically including the costs of transition from public to private operation, of additional unemployment and retirement benefits, if any, and of monitoring and otherwise administering contract performance.
The Illinois Procurement Code is amended by changing Section 30-30 as follows:
If the designated bidder proposes to perform any or all of the contract outside the boundaries of the State, the contract cost shall be increased by the amount of income tax revenue, if any, that will be lost to the State by the corresponding elimination of agency employees, as determined by the Department of Revenue to the extent that it is able to do so.
(30 ILCS 500/30-30) Sec.
(e) The head of the agency shall certify in writing SB73 Engrossed -9- SDS093 00001 LMT 00001 b that:
30-30.
(1) he or she has complied with all provisions of this Section and of all other applicable laws;
Contracts in excess of $250,000.
(2) the quality of the services to be provided by the designated bidder is likely to satisfy the quality requirements of the statement prepared pursuant to this Act, and to equal or exceed the quality of services that could be provided by regular agency employees;
For building construction contracts in excess of $250,000, separate specifications shall be prepared for all equipment, labor, and materials in connection with the following 5 subdivisions of the work to be performed:
(3) the contract cost will be at least 10% less than the estimated cost, taking into account all comparable types of costs and all the additional costs of the contract as specified in this Act;
(1) plumbing;
and (4) the proposed privatization contract is in the public interest and meets the applicable quality and fiscal standards set forth in this Act.
(2) heating, piping, refrigeration, and automatic temperature control systems, including the testing and SB73 Enrolled - 7 - SDS093 00001 LMT 00001 b balancing of those systems;
Any privatization contract entered into by a State agency and the agency certification described above shall be a public record and subject to disclosure pursuant to the Freedom of Information Act.
(3) ventilating and distribution systems for conditioned air, including the testing and balancing of those systems;
Section 25.
(4) electric wiring;
Monitoring and enforcement of privatization contracts.
and (5) general contract work.
(a) No contractor shall award a subcontract for work under a contract or an amendment to a contract without the approval of the selection of the subcontractor and the provisions of the subcontract by agency head or his or her designee.
The specifications must be so drawn as to permit separate and independent bidding upon each of the 5 subdivisions of work.
(b) Each contractor shall file a copy of executed subcontract or amendment to the subcontract with the agency.
All contracts awarded for any part thereof shall award the 5 subdivisions of work separately to responsible and reliable persons, firms, or corporations engaged in these classes of work.
The agency shall maintain the subcontract or amendment as a public record.
The contracts, at the discretion of the construction agency, may be assigned to the successful bidder on the general contract work or to the successful bidder on the subdivision of work designated by the construction agency before the bidding as the prime subdivision of work, provided that all payments will be made directly to the contractors for the 5 subdivisions of work upon compliance with the conditions of the contract.
(c) Any private contractor awarded a privatization contract, and any subcontractor to a private contractor SB73 Engrossed -10- SDS093 00001 LMT 00001 b subject to these provisions, shall file with the agency head copies of financial audits of the private contractor prepared by independent, certified public auditors at least annually during the course of the contract term.
A contract may be let for one or more buildings in any project to the same contractor.
(d) All privatization contracts shall include a contract provision specifying that in order to determine compliance with these principles, as well as the contract, the private contractor shall be required to provide the State or its agents reasonable access through representatives of the private contractor to facilities, records, and employees that are used in conjunction with the provision of contract services, except where prohibited by federal or State laws, regulations, or rules.
The specifications shall require, however, that unless the buildings are identical, a separate price shall be submitted for each building.
(e) The private contractor shall submit a report, not less than annually during the term of the privatization contract, detailing the extent to which the contractor has achieved the specific quantity and standard of quality of the subject services as specified by the agency and its compliance with all federal, State, and local laws including any complaints, citations, or findings issued by administrative agencies or courts.
The contract may be awarded to the lowest responsible bidder for each or all of the buildings included in the specifications.
(f) The State agency may seek contractual remedies for any violation of a privatization contract.
Until a date 2 years after the effective date of this amendatory Act of the 93rd General Assembly, the requirements of this Section do not apply to the construction of an Emergency Operations Center for the Illinois Emergency Management Agency if (i) the majority of the funding for the project is from federal funds, (ii) the bid of the successful bidder identifies the name of the subcontractor, if any, and the bid proposal costs for each of the 5 subdivisions of work set forth in this Section, and (iii) the contract entered into with the successful bidder provides that no identified subcontractor may be terminated without the written consent of SB73 Enrolled - 8 - SDS093 00001 LMT 00001 b the Capital Development Board.
In addition, if a contractor fails to comply with the wage standards, employment provisions or union provisions in this Act, any person or entity aggrieved by the violation may bring a claim for equitable and other relief including backpay.
(Source:
In any lawsuit brought for reasons listed in this subsection, an aggrieved person or entity shall be entitled to costs and attorney fees.
P.A.
Section 30.
90-572, eff.
Compliance;
date - See Sec.
privacy actions.
99-5.) Section 99.
(a) Public records that a contractor, subcontractor, employee, or agent possesses, modifies, or creates pursuant SB73 Engrossed -11- SDS093 00001 LMT 00001 b to a privatization contract shall at all times and for all purposes remain the property of the State.
A contractor, subcontractor, employee, or agent of a contractor or subcontractor shall have no ownership rights or interest in any public records that the contractor, subcontractor, employee, or agent possesses, modifies, or creates pursuant to a contract, subcontract, or amendment to a contract or subcontract and shall not impair the integrity of any public record that the contractor, subcontractor, employee, or agent possesses or creates.
(b) Any public record that a State agency provides to a contractor or subcontractor or that a contractor or subcontractor creates shall be and remain a public record for the purposes of the Freedom of Information Act and the enforcement provisions of that law shall apply to any failure to disclose records under this Section.
(c) A private contractor who fails to disclose a record that the privatization contract requires to be disclosed or that the State agency directs to be disclosed shall be liable to the State agency for any fines or penalties assessed against the agency for the violation of the Freedom of Information Act concerning that record.
(d) No contractor or subcontractor or employee or agent of a contractor or subcontractor shall disclose to the public any public records that it possesses, modifies, or creates pursuant to a contract, subcontract, or amendment to a contract and that the State agency:
(1) is prohibited from disclosing pursuant to State or federal law in all cases;
(2) may disclose pursuant to State or federal law only to certain entities or individuals or under certain conditions;
or (3) may withhold from disclosure pursuant to State or federal law.
No provision of this subsection shall be SB73 Engrossed -12- SDS093 00001 LMT 00001 b construed to prohibit any contractor from disclosing public records to any of its subcontractors to carry out the purposes of its subcontract.
(e) No contractor, subcontractor, employee, or agent of a contractor or subcontractor shall sell, market, or otherwise profit from the disclosure or use of any public records that are in its possession pursuant to a contract, subcontract, or amendment to a contract or subcontract, except as authorized in the contract, subcontract, or amendment.
(f) Any contractor or subcontractor, or employee or agent of a contractor or subcontractor, that learns of any violation of the provisions of this Act shall, no later than 7 calendar days after learning of the violation, notify the agency head and the Attorney General of the violation.
(g) In addition to any remedies provided under the Freedom of Information Act, if any person violates any provision of subsections (a) or (b) of this Section, the Attorney General may bring an action against that person seeking damages on behalf of the State for the violation, restitution for damages suffered by any person as a result of the violation, or imposition and recovery of a civil penalty of not more than $50,000 for the violation.
In addition to the remedies that may be brought by the Attorney General, any person aggrieved by a violation of any provision of subsections (a) or (b) of this Section may bring an action in any State court to recover any damages suffered as a result of the violation.
In any action brought under this subsection, the court may:
(1) order disgorgement of any profits or other benefits derived as a result of a violation of any provision of subsections (a) or (b) of this Section;
(2) award punitive damages, costs, and reasonable attorneys' fees;
and SB73 Engrossed -13- SDS093 00001 LMT 00001 b (3) order injunctive or other equitable relief.
Proof of public interest or public injury shall not be required in any action brought under this subsection (g).
No action may be brought more than 3 years after the occurrence of the violation.
Any person who knowingly and willfully violates any provision of subsections (a) or (b) shall be guilty of a Class 3 felony.
Section 35.
Prohibition against discrimination.
(a) No person shall retaliate or discriminate in any manner against any public employee or employee of a private contractor because that employee, or any person acting on behalf of the employee, acting in good faith:
(1) engaged in any disclosure of information relating to the services provided by a private contractor pursuant to a privatization contract;
(2) advocated on behalf of service recipients with respect to the care or services provided by the private contractor;
or (3) initiated, cooperated, or otherwise participated in any investigation or proceeding of any governmental entity relating to the services provided pursuant to a privatization contract.
(b) No person shall retaliate or discriminate in any manner against any public employee or employee of a private contractor because the employee has attempted or has an intention to engage in an action described in subsection (a) of this Section.
(c) No person shall by contract, policy, or procedure prohibit or restrict any employee of a private contractor from engaging in any action for which a protection against discrimination or retaliation is provided under this Section.
(d) This Section does not protect disclosures that would SB73 Engrossed -14- SDS093 00001 LMT 00001 b violate federal or State law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by State or federal law.
(e) With respect to the conduct described in subsection (a) of this Section, an employee of a private contractor shall be considered to be acting in good faith if the employee reasonably believes that the information is true and the information disclosed by the employee:
(i) evidences a violation of any law, rule, or regulation, or of a generally recognized professional or clinical standard;
or (ii) relates to the care, services, or conditions that potentially endanger one or more recipients of service or employees employed pursuant to a privatization contract.
(f) The identity of an employee of a private contractor who complains in good faith to a government agency or department or any member or employee of the State legislature about the quality of services provided by a private contractor shall remain confidential and shall not be disclosed by any person except upon the knowing written consent of the employee of the private contractor and except in the case where there is imminent danger to health or public safety or an imminent violation of criminal law.
(g) Any current or former public employee or employee of a private contractor who believes that he or she has been retaliated or discriminated against in violation of subsections (a), (b), or (c) of this Section may file a civil action in any State court of competent jurisdiction against the person believed to have violated these subsections.
(h) If the court determines that a violation of this Section has occurred, the court shall award any damages that result from the unlawful act or acts, including compensatory damages, reinstatement, reimbursement of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation, as well as punitive SB73 Engrossed -15- SDS093 00001 LMT 00001 b damages, attorneys' fees, and costs, including expert witness fees.
The court shall award interest on the amount of damages awarded at the prevailing rate.
(i) The court may issue temporary, preliminary, and permanent injunctive relief restraining violations of this Act, including the restraint of any withholding of the payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due and the restraint of any other change in the terms and conditions of employment and may award any other equitable relief as may be appropriate, including employment, reinstatement, and promotion.
(j) An action may be brought under this subsection not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.
(k) Any person who violates a provision of subsections (a), (b), or (c) of this Section shall be subject to a civil penalty of not to exceed $10,000 for each violation.
In determining the amount of any penalty under this subsection, the appropriateness of the penalty to the size of the business of the person charged and the gravity of the violation shall be considered.
The amount of any penalty under this subsection, when finally determined, may be deducted from any sums owing by the State to the person charged or ordered to be paid to the employee or employees who suffered retaliation or discrimination, as ordered by the court.
(l) In any civil action brought under this Act, the complainant shall have the initial burden of making a prima facie showing that any behavior described in subsections (a), (b), or (c) of this Section was a contributing factor in the adverse action or inaction alleged in the complaint.
A prima facie case shall be established if the complainant can show SB73 Engrossed -16- SDS093 00001 LMT 00001 b that the respondent knew of the complainant's protected activities at the time that the alleged unfavorable action or inaction was taken and the discriminatory action occurred within a period of time that a reasonable person could conclude that an activity protected by subsections (a), (b), or (c) of this Section was a contributing factor in the discriminatory treatment.
Once the complainant establishes a prima facie case, the burden shifts to the respondent to demonstrate, by clear and convincing evidence, that it would have taken the same adverse action or inaction in the absence of such behavior.
(m) Each private contractor shall post and keep posted, in conspicuous places on its premises where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the secretary, setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a charge under this Section.
Any employer that willfully violates this Section may be assessed a civil penalty not to exceed $100 for each separate offense.
Section 40.
Nonpreemption.
Nothing in this Act preempts any other law, and nothing in this Act shall be construed or interpreted to impair or diminish in any way the authority of any locality, municipality or subdivision to enact and enforce any law that provides equivalent or greater protections for its employees.
Section 45.
Severability.
If any provision of this Act or its application to any person or circumstances is held to be invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.
SB73 Engrossed -17- SDS093 00001 LMT 00001 b Section 99.
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Action History

  1. Public Act . . . . . . . . . 93-1035

  2. Effective Date September 10, 2004

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 049-005-000

  7. 3/5 Vote Required

  8. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration State Government; 009-000-000

  9. House Committee Amendment No. 1 Motion to Concur Rules Referred to State Government

  10. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  11. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Debbie DeFrancesco Halvorson

  12. Placed on Calendar Order of Concurrence House Amendment(s) 01-July 24, 2004

  13. Secretary's Desk - Concurrence House Amendment(s) 01

  14. Added Alternate Co-Sponsor Rep. Robert F. Flider

  15. Third Reading - Short Debate - Passed 110-004-001

  16. 3/5 Vote Required

  17. Added Alternate Co-Sponsor Rep. Patrick Verschoore

  18. Added Alternate Co-Sponsor Rep. Cynthia Soto

  19. Added Alternate Co-Sponsor Rep. James D. Brosnahan

  20. Added Alternate Co-Sponsor Rep. Kevin A. McCarthy

  21. Added Alternate Co-Sponsor Rep. David R. Leitch

  22. Placed on Calendar Order of 3rd Reading - Short Debate

  23. Second Reading - Short Debate

  24. Placed on Calendar 2nd Reading - Short Debate

  25. Do Pass as Amended / Short Debate State Government Administration Committee; 009-000-000

  26. House Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote

  27. House Committee Amendment No. 1 Filed with Clerk by State Government Administration Committee

  28. Motion to Suspend Rule 25 - Prevailed

  29. Assigned to State Government Administration Committee

  30. Final Action Deadline Extended-9(b) July 31, 2004

  31. Rule 19(a) / Re-referred to Rules Committee

  32. Added Alternate Co-Sponsor Rep. Jim Watson

  33. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  34. Added Alternate Co-Sponsor Rep. Robert Rita

  35. Added Alternate Co-Sponsor Rep. Edward J. Acevedo

  36. Added Alternate Co-Sponsor Rep. John A. Fritchey

  37. Added Alternate Co-Sponsor Rep. Jay C. Hoffman

  38. Added Alternate Co-Sponsor Rep. Rich Brauer

  39. Added Alternate Co-Sponsor Rep. Brent Hassert

  40. Added Alternate Co-Sponsor Rep. Wyvetter H. Younge

  41. Added Alternate Co-Sponsor Rep. Karen May

  42. Added Alternate Co-Sponsor Rep. Constance A. Howard

  43. Added Alternate Co-Sponsor Rep. Gary Hannig

  44. Added Alternate Co-Sponsor Rep. Mary E. Flowers

  45. Added Alternate Co-Sponsor Rep. Kenneth Dunkin

  46. Added Alternate Co-Sponsor Rep. Daniel J. Burke

  47. Added Alternate Co-Sponsor Rep. Mike Boland

  48. Added Alternate Co-Sponsor Rep. Bob Biggins

  49. Added Alternate Co-Sponsor Rep. Frank Aguilar

  50. Added Alternate Co-Sponsor Rep. William Davis

  51. Added Alternate Co-Sponsor Rep. Art Tenhouse

  52. Added Alternate Co-Sponsor Rep. Angelo Saviano

  53. Added Alternate Co-Sponsor Rep. Raymond Poe

  54. Added Alternate Co-Sponsor Rep. Mary K. O'Brien

  55. Added Alternate Co-Sponsor Rep. John Philip Novak

  56. Added Alternate Co-Sponsor Rep. Robert S. Molaro

  57. Added Alternate Co-Sponsor Rep. Larry McKeon

  58. Added Alternate Co-Sponsor Rep. Lou Lang

  59. Added Alternate Co-Sponsor Rep. Jack McGuire

  60. Added Alternate Co-Sponsor Rep. Richard T. Bradley

  61. Added Alternate Co-Sponsor Rep. Karen A. Yarbrough

  62. Added Alternate Co-Sponsor Rep. Marlow H. Colvin

  63. Committee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2003

  64. Added Alternate Co-Sponsor Rep. Ricca Slone

  65. Added Alternate Co-Sponsor Rep. Michael K. Smith

  66. Added Alternate Chief Co-Sponsor Rep. Eddie Washington

  67. Added Alternate Chief Co-Sponsor Rep. Kevin Joyce

  68. Added Alternate Chief Co-Sponsor Rep. Gary Forby

  69. Added Alternate Chief Co-Sponsor Rep. Brandon W. Phelps

  70. Assigned to Executive Committee

  71. Referred to Rules Committee

  72. First Reading

  73. Chief House Sponsor Rep. William Delgado

  74. Arrived in House

  75. Senate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  76. Third Reading - Passed; 036-020-000

  77. Placed on Calendar Order of 3rd Reading

  78. Senate Floor Amendment No. 6 Adopted; Halvorson

  79. Recalled to Second Reading

  80. Third Reading Deadline Extended - Rule 2-10(e) to April 9, 2003.

  81. Senate Floor Amendment No. 6 Be Adopted Executive; 012-000-000

  82. Senate Floor Amendment No. 6 Rules Refers to Executive

  83. Placed on Calendar Order of 3rd Reading April 3, 2003

  84. Senate Floor Amendment No. 5 Adopted; Halvorson

  85. Recalled to Second Reading

  86. Senate Floor Amendment No. 5 Be Adopted Labor & Commerce; 006-002-001

  87. Senate Floor Amendment No. 4 Tabled in Labor & Commerce

  88. Senate Floor Amendment No. 6 Referred to Rules

  89. Senate Floor Amendment No. 6 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

  90. Added as Co-Sponsor Sen. Jacqueline Y. Collins

  91. Senate Floor Amendment No. 5 Rules Refers to Labor & Commerce

  92. Senate Floor Amendment No. 4 Rules Refers to Labor & Commerce

  93. Senate Floor Amendment No. 5 Referred to Rules

  94. Senate Floor Amendment No. 5 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

  95. Fiscal Note Filed as Amended by Senate Committee Amendment No. 1 and 3. From the Bureau of the Budget

  96. Senate Floor Amendment No. 4 Referred to Rules

  97. Senate Floor Amendment No. 4 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

  98. Fiscal Note Requested by Sen. Kathleen L. Wojcik

  99. Sponsor Removed Sen. Jacqueline Y. Collins

  100. Placed on Calendar Order of 3rd Reading March 27, 2003

  101. Second Reading

  102. Sponsor Removed Sen. John O. Jones

  103. Sponsor Removed Sen. Richard J. Winkel, Jr.

  104. Fiscal Note Requested by Sen. Kathleen L. Wojcik

  105. Placed on Calendar Order of 2nd Reading March 11, 2003

  106. Do Pass as Amended Labor & Commerce; 006-004-000

  107. Senate Committee Amendment No. 3 Adopted

  108. Senate Committee Amendment No. 1 Adopted

  109. Senate Committee Amendment No. 3 Rules Refers to Labor & Commerce

  110. Senate Committee Amendment No. 3 Referred to Rules

  111. Senate Committee Amendment No. 3 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

  112. Senate Committee Amendment No. 2 Referred to Rules

  113. Senate Committee Amendment No. 2 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

  114. Held in Labor & Commerce

  115. Senate Committee Amendment No. 1 Rules Refers to Labor & Commerce

  116. Senate Committee Amendment No. 1 Referred to Rules

  117. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

  118. Added as Co-Sponsor Sen. Antonio Munoz

  119. Added as Co-Sponsor Sen. Iris Y. Martinez

  120. Added as Co-Sponsor Sen. John O. Jones

  121. Added as Co-Sponsor Sen. Richard J. Winkel, Jr.

  122. Added as Co-Sponsor Sen. Mattie Hunter

  123. Added as Co-Sponsor Sen. Barack Obama

  124. Added as Co-Sponsor Sen. William R. Haine

  125. Added as Co-Sponsor Sen. James F. Clayborne, Jr.

  126. Added as Co-Sponsor Sen. M. Maggie Crotty

  127. Added as Co-Sponsor Sen. Rickey R. Hendon

  128. Added as Co-Sponsor Sen. Jeffrey M. Schoenberg

  129. Added as Co-Sponsor Sen. Larry D. Woolard

  130. Added as Co-Sponsor Sen. Carol Ronen

  131. Added as Co-Sponsor Sen. Louis S. Viverito

  132. Added as Co-Sponsor Sen. Emil Jones, Jr.

  133. Added as Co-Sponsor Sen. Jacqueline Y. Collins

  134. Added as Co-Sponsor Sen. Susan Garrett

  135. Added as Co-Sponsor Sen. James A. DeLeo

  136. Added as Co-Sponsor Sen. Terry Link

  137. Added as Co-Sponsor Sen. Ira I. Silverstein

  138. Added as Co-Sponsor Sen. Denny Jacobs

  139. Added as Co-Sponsor Sen. Kimberly A. Lightford

  140. Added as Co-Sponsor Sen. Martin A. Sandoval

  141. Assigned to Labor & Commerce

  142. Added as Chief Co-Sponsor Sen. Larry K. Bomke

  143. Added as Co-Sponsor Sen. Edward D. Maloney

  144. Sponsor Removed Sen. Edward D. Maloney

  145. Added as Co-Sponsor Sen. Don Harmon

  146. Added as Co-Sponsor Sen. Donne E. Trotter

  147. Added as Chief Co-Sponsor Sen. Edward D. Maloney

  148. Added as Co-Sponsor Sen. James T. Meeks

  149. Referred to Rules

  150. First Reading

  151. Chief Co-Sponsor Sen. John M. Sullivan

  152. Chief Co-Sponsor Sen. Lawrence M. Walsh

  153. Chief Co-Sponsor Sen. Vince Demuzio

  154. Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

Sponsors

  • Costa Howard · Cosponsor
  • Debbie DeFrancesco Halvorson · Cosponsor
  • Michael K. Smith · Cosponsor
  • Ricca Slone · Cosponsor
  • Marlow H. Colvin · Cosponsor
  • Karen A. Yarbrough · Cosponsor
  • Richard T. Bradley · Cosponsor
  • Jack McGuire · Cosponsor
  • Lou Lang · Cosponsor
  • Larry McKeon · Cosponsor
  • Robert S. Molaro · Cosponsor
  • John Philip Novak · Cosponsor
  • Mary K. O'Brien · Cosponsor
  • Raymond Poe · Cosponsor
  • Angelo Saviano · Cosponsor
  • Art Tenhouse · Cosponsor
  • William "Will" Davis · Cosponsor
  • Frank Aguilar · Cosponsor
  • Bob Biggins · Cosponsor
  • Mike Boland · Cosponsor
  • Daniel J. Burke · Cosponsor
  • Kenneth Dunkin · Cosponsor
  • Mary E. Flowers · Cosponsor
  • Gary Hannig · Cosponsor
  • Karen May · Cosponsor
  • Wyvetter H. Younge · Cosponsor
  • Brent Hassert · Cosponsor
  • Rich Brauer · Cosponsor
  • Jay Hoffman · Cosponsor
  • John A. Fritchey · Cosponsor
  • Edward J. Acevedo · Cosponsor
  • Robert "Bob" Rita · Cosponsor
  • Jim Watson · Cosponsor
  • David R. Leitch · Cosponsor
  • Kevin A. McCarthy · Cosponsor
  • James D. Brosnahan · Cosponsor
  • Cynthia Soto · Cosponsor
  • Patrick Verschoore · Cosponsor
  • Robert F. Flider · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 40 co-sponsors · 143 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (40)

  • Costa Howard
  • Debbie DeFrancesco Halvorson
  • Michael K. Smith
  • Ricca Slone
  • Marlow H. Colvin
  • Karen A. Yarbrough
  • Richard T. Bradley
  • Jack McGuire
  • Lou Lang
  • Larry McKeon
  • Robert S. Molaro
  • John Philip Novak
  • Mary K. O'Brien
  • Raymond Poe
  • Angelo Saviano
  • Art Tenhouse
  • William "Will" Davis Democrat
  • Frank Aguilar
  • Bob Biggins
  • Mike Boland
  • Daniel J. Burke
  • Kenneth Dunkin
  • Mary E. Flowers
  • Gary Hannig
  • Karen May
  • Wyvetter H. Younge
  • Brent Hassert
  • Rich Brauer
  • Jay Hoffman Democrat
  • John A. Fritchey
  • Edward J. Acevedo
  • Robert "Bob" Rita Democrat
  • Jim Watson
  • David R. Leitch
  • Kevin A. McCarthy
  • James D. Brosnahan
  • Cynthia Soto
  • Patrick Verschoore
  • Robert F. Flider
  • Chapa LaVia

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 49 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 42405
Democrat 6100
Republican 1000
Total 49505
% of votes cast 83%8%0%8%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Soden — Yea
Link — Nay
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Meeks — Yea
Geo-Karis — Not Voting
Halvorson — Yea
Munoz — Yea
Lauzen — Yea
Luechtefeld — Yea
Brady — Yea
Sullivan, D. — Yea
Maloney — Yea
Obama — Nay
Sullivan, J. — Yea
Petka — Yea
Radogno — Yea
Jones, J. — Yea
Schoenberg — Yea
Watson — Yea
Shadid — Yea
Demuzio — Yea
Trotter — Yea
Jacobs — Not Voting
Jones, W. — Not Voting
Cullerton — Not Voting
Viverito — Yea
Winkel — Yea
Wojcik — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Nay
Haine — Yea
Hendon — Not Voting
Peterson — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Nay
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Nay
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 110 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 98404
Democrat 9000
Republican 3000
Total 110404
% of votes cast 93%3%0%3%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Capparelli — Yea
McAuliffe — Yea
Morrow — Yea
Myers — Yea
Jakobsson — Yea
Jefferson — Yea
Kosel — Not Voting
Osmond — Yea
Parke — Yea
Kurtz — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Phelps — Yea
Pihos — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Mathias — Yea
Mautino — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Moffitt — Yea
Molaro — Yea
Mulligan — Yea
McGuire — Yea
Bradley, John — Yea
Munson — Yea
Bradley, Richard — Yea
Nekritz — Yea
Brady — Yea
Tenhouse — Yea
Turner — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Verschoore — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Howard — Yea
Watson — Yea
Jones — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Froehlich — Yea
Gordon — Yea
Graham — Yea
Grunloh — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Krause — Yea
Davis, Monique — Yea
Madigan — Yea
Davis, Steve — Not Voting
Osterman — Yea
Pankau — Yea
Slone — Nay
Yarbrough — Yea
Younge — Yea
Currie — Nay
Daniels — Yea
Fritchey — Nay
Giles — Not Voting
Granberg — Not Voting
Hamos — Nay
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 36 Yea · 20 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 291903
Democrat 7000
Republican 0100
Total 362003
% of votes cast 61%34%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Maloney — Yea
Althoff — Nay
Martinez — Yea
Bomke — Yea
Burzynski — Nay
Haine — Yea
Halvorson — Yea
Munoz — Yea
Lauzen — Not Voting
Link — Yea
Sullivan, D. — Yea
Luechtefeld — Nay
Sullivan, J. — Yea
Meeks — Yea
Obama — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Demuzio — Yea
Peterson — Nay
Brady — Nay
Petka — Nay
Schoenberg — Yea
Jones, W. — Nay
Watson — Nay
Shadid — Yea
Sieben — Nay
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Clayborne — Yea
Cronin — Not Voting
Crotty — Yea
DeLeo — Yea
Dillard — Nay
Garrett — Yea
Geo-Karis — Nay
Hendon — Yea
Winkel — Nay
Wojcik — Nay
Woolard — Yea
Philip — Not Voting
Radogno — Nay
Rauschenberger — Nay
Righter — Nay
Risinger — Nay
Ronen — Yea
Roskam — Nay
Rutherford — Nay
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Subjects

public-safety finance labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 73 do?
Creates the Public Service Accountability Act. Sets out the requirements for privatization contracts between contractors and State agencies. Provides for the monitoring and enforcement of privatization contracts. Establishes fines and prison sentences for a violation of certain Sections of the Act. Effective immediately.
Who sponsors SB 73?
SB 73 is sponsored by Costa Howard, Debbie DeFrancesco Halvorson, Michael K. Smith, Ricca Slone, Marlow H. Colvin, Karen A. Yarbrough, Richard T. Bradley, Jack McGuire, Lou Lang, Larry McKeon, Robert S. Molaro, John Philip Novak, Mary K. O'Brien, Raymond Poe, Angelo Saviano, Art Tenhouse, William "Will" Davis (Democrat), Frank Aguilar, Bob Biggins, Mike Boland, Daniel J. Burke, Kenneth Dunkin, Mary E. Flowers, Gary Hannig, Karen May, Wyvetter H. Younge, Brent Hassert, Rich Brauer, Jay Hoffman (Democrat), John A. Fritchey, Edward J. Acevedo, Robert "Bob" Rita (Democrat), Jim Watson, David R. Leitch, Kevin A. McCarthy, James D. Brosnahan, Cynthia Soto, Patrick Verschoore, Robert F. Flider, and Chapa LaVia.
What is the current status of SB 73?
This bill has been enacted into law. Introduced January 22, 2003. Enacted.
Where can I track SB 73?
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