Bill Text: IL HB5332 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Procurement Code. Prohibits a State government appointee or employee, or his or her spouse or minor child, whose compensation exceeds 40% (now, 60%) of the Governor's salary from having or acquiring a State contract, a direct pecuniary interest in a State contract, or specified percentages of the distributive income of a State contractor.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-02-05 - Referred to Rules Committee [HB5332 Detail]

Download: Illinois-2009-HB5332-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5332 Introduced 2/5/2010, by Rep. Maria Antonia Berrios SYNOPSIS AS INTRODUCED:
30 ILCS 500/50-13
Amends the Illinois Procurement Code. Prohibits a State government appointee or employee, or his or her spouse or minor child, whose compensation exceeds 40% (now, 60%) of the Governor's salary from having or acquiring a State contract, a direct pecuniary interest in a State contract, or specified percentages of the distributive income of a State contractor.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Section 50-13 as follows:
(30 ILCS 500/50-13)
Sec. 50-13. Conflicts of interest.
(a) Prohibition. It is unlawful for any person holding an
elective office in this State, holding a seat in the General
Assembly, or appointed to or employed in any of the offices or
agencies of State government and who receives compensation for
such employment in excess of 40% 60% of the salary of the
Governor of the State of Illinois, or who is an officer or
employee of the Capital Development Board or the Illinois Toll
Highway Authority, or who is the spouse or minor child of any
such person to have or acquire any contract, or any direct
pecuniary interest in any contract therein, whether for
stationery, printing, paper, or any services, materials, or
supplies, that will be wholly or partially satisfied by the
payment of funds appropriated by the General Assembly of the
State of Illinois or in any contract of the Capital Development
Board or the Illinois Toll Highway Authority.
(b) Interests. It is unlawful for any firm, partnership,

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

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contract is voidable, however, if it cannot be completed within
365 days after the officer, member, or employee takes office or
is employed.
(f) Exceptions.
(1) Public aid payments. This Section does not apply to
payments made for a public aid recipient.
(2) Teaching. This Section does not apply to a contract
for personal services as a teacher or school administrator
between a member of the General Assembly or his or her
spouse, or a State officer or employee or his or her
spouse, and any school district, public community college
district, the University of Illinois, Southern Illinois
University, Illinois State University, Eastern Illinois
University, Northern Illinois University, Western Illinois
University, Chicago State University, Governor State
University, or Northeastern Illinois University.
(3) Ministerial duties. This Section does not apply to
a contract for personal services of a wholly ministerial
character, including but not limited to services as a
laborer, clerk, typist, stenographer, page, bookkeeper,
receptionist, or telephone switchboard operator, made by a
spouse or minor child of an elective or appointive State
officer or employee or of a member of the General Assembly.
(4) Child and family services. This Section does not
apply to payments made to a member of the General Assembly,
a State officer or employee, his or her spouse or minor

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child acting as a foster parent, homemaker, advocate, or
volunteer for or in behalf of a child or family served by
the Department of Children and Family Services.
(5) Licensed professionals. Contracts with licensed
professionals, provided they are competitively bid or part
of a reimbursement program for specific, customary goods
and services through the Department of Children and Family
Services, the Department of Human Services, the Department
of Healthcare and Family Services, the Department of Public
Health, or the Department on Aging.
(g) Penalty. A person convicted of a violation of this
Section is guilty of a business offense and shall be fined not
less than $1,000 nor more than $5,000.
(Source: P.A. 95-331, eff. 8-21-07.)