Bill Text: IL HB5332 | 2009-2010 | 96th General Assembly | Introduced
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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-05 - Referred to Rules Committee [HB5332 Detail]
Download: Illinois-2009-HB5332-Introduced.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||||||||||||||||||||
5 | changing Section 50-13 as follows:
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6 | (30 ILCS 500/50-13)
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7 | Sec. 50-13. Conflicts of interest.
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8 | (a) Prohibition. It is unlawful for any person holding an
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9 | elective office in this State,
holding a seat in the General | ||||||||||||||||||||||||
10 | Assembly, or appointed to or
employed in any of the offices or
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11 | agencies of State government and who receives compensation for | ||||||||||||||||||||||||
12 | such employment
in excess of 40% 60% of the salary of the | ||||||||||||||||||||||||
13 | Governor of the State of Illinois, or who
is an officer or | ||||||||||||||||||||||||
14 | employee of
the Capital Development
Board or the Illinois Toll | ||||||||||||||||||||||||
15 | Highway Authority, or who is the spouse
or minor child of any | ||||||||||||||||||||||||
16 | such
person to have or acquire any contract, or any direct | ||||||||||||||||||||||||
17 | pecuniary
interest in any contract therein,
whether for | ||||||||||||||||||||||||
18 | stationery, printing, paper, or any services,
materials, or | ||||||||||||||||||||||||
19 | supplies, that will be
wholly or partially satisfied by the | ||||||||||||||||||||||||
20 | payment of funds appropriated
by the General Assembly of
the | ||||||||||||||||||||||||
21 | State of Illinois or in any contract of the Capital
Development | ||||||||||||||||||||||||
22 | Board or the Illinois Toll
Highway Authority.
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23 | (b) Interests. It is unlawful for any firm, partnership,
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1 | association, or corporation, in
which any person listed in | ||||||
2 | subsection (a) is entitled to receive (i) more than
7 1/2% of | ||||||
3 | the total
distributable income or (ii) an amount in excess of | ||||||
4 | the salary of the Governor,
to have or acquire any
such | ||||||
5 | contract or direct pecuniary interest therein.
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6 | (c) Combined interests. It is unlawful for any firm, | ||||||
7 | partnership,
association, or corporation, in which any person | ||||||
8 | listed in subsection (a)
together with his or her spouse or | ||||||
9 | minor children is entitled to receive (i)
more than 15%, in the | ||||||
10 | aggregate, of the total distributable income or (ii) an
amount | ||||||
11 | in excess of 2 times the salary of the Governor, to have or | ||||||
12 | acquire any
such contract or direct pecuniary interest therein.
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13 | (c-5) Appointees and firms. In addition to any provisions | ||||||
14 | of this Code,
the interests of certain
appointees and their | ||||||
15 | firms are subject to Section 3A-35 of the Illinois
Governmental | ||||||
16 | Ethics Act.
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17 | (d) Securities. Nothing in this Section invalidates the
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18 | provisions of any bond or other
security previously offered or | ||||||
19 | to be offered for sale or sold by
or for the State of Illinois.
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20 | (e) Prior interests. This Section does not affect the
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21 | validity of any contract made
between the State and an officer | ||||||
22 | or employee of the State or
member of the General Assembly,
his | ||||||
23 | or her spouse, minor child, or other immediate family member | ||||||
24 | living in
his or her residence or any
combination of those | ||||||
25 | persons
if that contract was in
existence before his or her | ||||||
26 | election or employment as an officer,
member, or employee. The
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1 | contract is voidable, however, if it cannot be completed within | ||||||
2 | 365
days after the officer, member,
or employee takes office or | ||||||
3 | is employed.
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4 | (f) Exceptions.
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5 | (1) Public aid payments. This Section does not apply
to | ||||||
6 | payments made for a
public aid recipient.
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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
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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.
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17 | (3) Ministerial duties. This Section does not apply to
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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
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23 | officer or employee or of a member
of the General Assembly.
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24 | (4) Child and family services. This Section does not
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25 | apply to payments made
to a member of the General Assembly, | ||||||
26 | a State officer or employee,
his or her spouse or minor
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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.
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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.
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11 | (g) Penalty. A person convicted of a violation of this | ||||||
12 | Section is guilty of
a business offense and shall be fined not | ||||||
13 | less than $1,000 nor more than
$5,000.
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14 | (Source: P.A. 95-331, eff. 8-21-07.)
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