Bill Text: IL HB0435 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Procurement Code. Provides that it is unlawful for, among other persons, any person appointed to or employed in any of the offices or agencies of State government (rather than any person appointed to or employed in any of the offices or agencies of State government and who receives compensation for such employment in excess of 60% of the salary of the Governor) to have or acquire any contract, or any direct pecuniary interest in any contract, that will be wholly or partially satisfied by the payment of funds appropriated by the General Assembly or in any contract of the Capital Development Board of the Illinois Toll Highway Authority.

Spectrum: Partisan Bill (Republican 22-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0435 Detail]

Download: Illinois-2017-HB0435-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0435

Introduced , by Rep. Lindsay Parkhurst

SYNOPSIS AS INTRODUCED:
30 ILCS 500/50-13

Amends the Illinois Procurement Code. Provides that it is unlawful for, among other persons, any person appointed to or employed in any of the offices or agencies of State government (rather than any person appointed to or employed in any of the offices or agencies of State government and who receives compensation for such employment in excess of 60% of the salary of the Governor) to have or acquire any contract, or any direct pecuniary interest in any contract, that will be wholly or partially satisfied by the payment of funds appropriated by the General Assembly or in any contract of the Capital Development Board of the Illinois Toll Highway Authority.
LRB100 05669 MLM 15686 b

A BILL FOR

HB0435LRB100 05669 MLM 15686 b
1 AN ACT concerning finance.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Procurement Code is amended by
5changing Section 50-13 as follows:
6 (30 ILCS 500/50-13)
7 Sec. 50-13. Conflicts of interest.
8 (a) Prohibition. It is unlawful for any person holding an
9elective office in this State, holding a seat in the General
10Assembly, or appointed to or employed in any of the offices or
11agencies of State government and who receives compensation for
12such employment in excess of 60% of the salary of the Governor
13of the State of Illinois, or who is an officer or employee of
14the Capital Development Board or the Illinois Toll Highway
15Authority, or who is the spouse or minor child of any such
16person to have or acquire any contract, or any direct pecuniary
17interest in any contract therein, whether for stationery,
18printing, paper, or any services, materials, or supplies, that
19will be wholly or partially satisfied by the payment of funds
20appropriated by the General Assembly of the State of Illinois
21or in any contract of the Capital Development Board or the
22Illinois Toll Highway Authority.
23 (b) Interests. It is unlawful for any firm, partnership,

HB0435- 2 -LRB100 05669 MLM 15686 b
1association, or corporation, in which any person listed in
2subsection (a) is entitled to receive (i) more than 7 1/2% of
3the total distributable income or (ii) an amount in excess of
4the salary of the Governor, to have or acquire any such
5contract or direct pecuniary interest therein.
6 (c) Combined interests. It is unlawful for any firm,
7partnership, association, or corporation, in which any person
8listed in subsection (a) together with his or her spouse or
9minor children is entitled to receive (i) more than 15%, in the
10aggregate, of the total distributable income or (ii) an amount
11in excess of 2 times the salary of the Governor, to have or
12acquire any such contract or direct pecuniary interest therein.
13 (c-5) Appointees and firms. In addition to any provisions
14of this Code, the interests of certain appointees and their
15firms are subject to Section 3A-35 of the Illinois Governmental
16Ethics Act.
17 (d) Securities. Nothing in this Section invalidates the
18provisions of any bond or other security previously offered or
19to be offered for sale or sold by or for the State of Illinois.
20 (e) Prior interests. This Section does not affect the
21validity of any contract made between the State and an officer
22or employee of the State or member of the General Assembly, his
23or her spouse, minor child, or other immediate family member
24living in his or her residence or any combination of those
25persons if that contract was in existence before his or her
26election or employment as an officer, member, or employee. The

HB0435- 3 -LRB100 05669 MLM 15686 b
1contract is voidable, however, if it cannot be completed within
2365 calendar days after the officer, member, or employee takes
3office or is employed.
4 (f) Exceptions.
5 (1) Public aid payments. This Section does not apply to
6 payments made for a public aid recipient.
7 (2) Teaching. This Section does not apply to a contract
8 for personal services as a teacher or school administrator
9 between a member of the General Assembly or his or her
10 spouse, or a State officer or employee or his or her
11 spouse, and any school district, public community college
12 district, the University of Illinois, Southern Illinois
13 University, Illinois State University, Eastern Illinois
14 University, Northern Illinois University, Western Illinois
15 University, Chicago State University, Governor State
16 University, or Northeastern Illinois University.
17 (3) Ministerial duties. This Section does not apply to
18 a contract for personal services of a wholly ministerial
19 character, including but not limited to services as a
20 laborer, clerk, typist, stenographer, page, bookkeeper,
21 receptionist, or telephone switchboard operator, made by a
22 spouse or minor child of an elective or appointive State
23 officer or employee or of a member of the General Assembly.
24 (4) Child and family services. This Section does not
25 apply to payments made to a member of the General Assembly,
26 a State officer or employee, his or her spouse or minor

HB0435- 4 -LRB100 05669 MLM 15686 b
1 child acting as a foster parent, homemaker, advocate, or
2 volunteer for or in behalf of a child or family served by
3 the Department of Children and Family Services.
4 (5) Licensed professionals. Contracts with licensed
5 professionals, provided they are competitively bid or part
6 of a reimbursement program for specific, customary goods
7 and services through the Department of Children and Family
8 Services, the Department of Human Services, the Department
9 of Healthcare and Family Services, the Department of Public
10 Health, or the Department on Aging.
11 (g) Penalty. A person convicted of a violation of this
12Section is guilty of a business offense and shall be fined not
13less than $1,000 nor more than $5,000.
14(Source: P.A. 98-1076, eff. 1-1-15.)
feedback