SB3297sam001 97TH GENERAL ASSEMBLY

Sen. Susan Garrett

Filed: 2/27/2012

09700SB3297sam001 LRB097 20009 PJG 66567 a

AMENDMENT TO SENATE BILL 3297

AMENDMENT NO. ______. Amend Senate Bill 3297 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Procurement Code is amended by changing Section 50-13 and by adding Section 40-60 as follows:

(30 ILCS 500/40-60 new)

Sec. 40-60. Written disclosure.

(a) All State contracts for the lease or purchase of real property occupied by a State agency shall contain a full written disclosure of the identity of every owner of, or beneficiary having an interest in, the property being leased or purchased. The disclosure shall be subscribed and sworn or otherwise affirmed on oath by the owner, authorized trustee, corporate official, partner, managing agent, or other authorized person. The disclosure shall set forth the following:

(1) all ownership interests in the property, including, as appropriate, the names of the beneficiaries and the trustee of a land trust, the names of all partners whether general or limited in nature, the names of all members or managers of a limited liability company, the names of all shareholders in a corporation, and the names of any other person with an ownership or beneficial interest in the property; however, if the entity is a publicly traded entity subject to Federal 10K reporting, it may submit its 10K disclosure in place of this prescribed disclosure; and

(2) the identity of any State officer, employee, or elected official, or the wife, husband, or minor child of that person, having an ownership or beneficial interest in the property, as well as a specific designation of the percentage of total distributable income the person, or the wife, husband, or minor child of that person, is entitled to receive from any firm, partnership, association, or corporation that is the lessor or the seller of the real property.

(b) The lessor or seller of the real property shall notify the chief procurement officer, or his or her designee, or the State procurement officer, or his or her designee, of any changes in ownership or beneficial interest in the property and shall submit updated disclosure statements in accordance with the disclosure requirements of subsection (a) within 30 days after the change.

(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 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 subcontract, or any direct pecuniary interest in any contract or subcontract 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 or subcontract of the Capital Development Board or the Illinois Toll Highway Authority.

(b) Interests. It is unlawful for any firm, partnership, 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 subcontract 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 subcontract 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 or any subcontract made under this Code by one or any combination of those persons if that contract or subcontract was in existence before his or her election or employment as an officer, member, or employee. The contract or subcontract 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 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.)

Section 99. Effective date. This Act takes effect January 1, 2013.".