093_HB0049

 
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 1        AN   ACT   concerning  government  contracts  with  State
 2    appointees.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  1.   Short  title.  This Act may be cited as the
 6    State Appointee Contract Prohibition Act.

 7        Section 5.  Prohibition.
 8        (a) It is unlawful for an appointed member  of  a  board,
 9    commission, authority, or task force authorized or created by
10    State  law,  or  the spouse or immediate family member of the
11    appointee, to have or acquire a contract or have or acquire a
12    direct pecuniary interest in a contract with a unit of  local
13    government  or  school  district  that  relates to the board,
14    commission, authority, or task force of which he or she is an
15    appointee during and for one year after the  person's term of
16    office.
17        (b) It is unlawful for  a  partnership,  association,  or
18    corporation  in  which a person subject to subsection (a) has
19    majority ownership or managerial responsibility  to  have  or
20    acquire  a  contract  or  a  direct  pecuniary  interest in a
21    contract prohibited by subsection (a) during and for one year
22    after the person's term of office.
23        (c) This Act does not affect the validity of  a  contract
24    in existence before the person's appointment.
25        (d)   Violation   of  this  Act  is  a  business  offense
26    punishable by a fine of no less than $1,000 and no more  than
27    $5,000.

28        Section  90.  The Illinois Procurement Code is amended by
29    changing Section 50-13 as follows:
 
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 1        (30 ILCS 500/50-13)
 2        Sec. 50-13.  Conflicts of interest.
 3        (a)  Prohibition.  It is unlawful for any person  holding
 4    an  elective  office  in  this  State,  holding a seat in the
 5    General Assembly, or appointed to or employed in any  of  the
 6    offices  or  agencies  of  State  government and who receives
 7    compensation for such employment in  excess  of  60%  of  the
 8    salary of the Governor of the State of Illinois, or who is an
 9    officer  or  employee of the Capital Development Board or the
10    Illinois Toll Highway Authority, or  who  is  the  spouse  or
11    minor  child  of  any  such  person  to  have  or acquire any
12    contract, or any direct pecuniary interest  in  any  contract
13    therein,  whether  for  stationery,  printing,  paper, or any
14    services, materials, or supplies,  that  will  be  wholly  or
15    partially  satisfied  by the payment of funds appropriated by
16    the General Assembly of the  State  of  Illinois  or  in  any
17    contract  of  the  Capital  Development Board or the Illinois
18    Toll Highway Authority.
19        (b)  Interests.    It   is   unlawful   for   any   firm,
20    partnership, association, or corporation, in which any person
21    listed in subsection (a) is entitled to receive (i) more than
22    7 1/2% of the total distributable income or (ii) an amount in
23    excess of the salary of the Governor, to have or acquire  any
24    such contract or direct pecuniary interest therein.
25        (c)  Combined  interests.   It  is unlawful for any firm,
26    partnership, association, or corporation, in which any person
27    listed in subsection (a) together with his or her  spouse  or
28    minor  children  is entitled to receive (i) more than 15%, in
29    the aggregate, of the total distributable income or  (ii)  an
30    amount  in  excess  of 2 times the salary of the Governor, to
31    have  or  acquire  any  such  contract  or  direct  pecuniary
32    interest therein.
33        (c-5)  In addition to subsection (a),    it  is  unlawful
34    for an appointed member of a board, commission, authority, or
 
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 1    task  force authorized or created by State law, or the spouse
 2    or immediate family member  of  the  appointee,  to  have  or
 3    acquire  a  contract  or  have  or acquire a direct pecuniary
 4    interest in a contract with the State  that  relates  to  the
 5    board,  commission,  authority,  or task force of which he or
 6    she is an  appointee  during  and  for  one  year  after  the
 7    person's term of office.
 8        (c-10)  It is unlawful for a partnership, association, or
 9    corporation in which a person subject to subsection (c-5) has
10    majority  ownership  or  managerial responsibility to have or
11    acquire a contract  or  a  direct  pecuniary  interest  in  a
12    contract  prohibited  by  subsection (c-5) during and for one
13    year after the person's term of office.
14        (d)  Securities.  Nothing in this Section invalidates the
15    provisions of any bond or other security  previously  offered
16    or  to  be  offered  for  sale or sold by or for the State of
17    Illinois.
18        (e)  Prior interests.  This Section does not  affect  the
19    validity  of  any  contract  made  between  the  State and an
20    officer or employee of the State or  member  of  the  General
21    Assembly,  his or her spouse, minor child, or other immediate
22    family member or any combination of  those  persons  if  that
23    contract  was  in  existence  before  his  or her election or
24    employment as an officer, member, or employee.  The  contract
25    is  voidable,  however,  if it cannot be completed within 365
26    days after the officer, member, or employee takes  office  or
27    is employed.
28        (f)  Exceptions.
29             (1)  Public  aid  payments.   This  Section does not
30        apply to payments made for a public aid recipient.
31             (2)  Teaching.  This Section does  not  apply  to  a
32        contract  for  personal  services  as a teacher or school
33        administrator between a member of the General Assembly or
34        his or her spouse, or a State officer or employee or  his
 
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 1        or  her spouse, and any school district, public community
 2        college district, the University  of  Illinois,  Southern
 3        Illinois  University,  Illinois State University, Eastern
 4        Illinois  University,   Northern   Illinois   University,
 5        Western  Illinois  University,  Chicago State University,
 6        Governor  State  University,  or  Northeastern   Illinois
 7        University.
 8             (3)  Ministerial  duties.   This  Section  does  not
 9        apply  to  a  contract  for personal services of a wholly
10        ministerial  character,  including  but  not  limited  to
11        services as a laborer, clerk, typist, stenographer, page,
12        bookkeeper,  receptionist,   or   telephone   switchboard
13        operator,  made by a spouse or minor child of an elective
14        or appointive State officer or employee or of a member of
15        the General Assembly.
16             (4)  Child and family services.  This  Section  does
17        not  apply  to  payments  made to a member of the General
18        Assembly, a State officer or employee, his or her  spouse
19        or  minor  child  acting  as  a foster parent, homemaker,
20        advocate, or volunteer for or in behalf  of  a  child  or
21        family  served  by  the Department of Children and Family
22        Services.
23             (5)  Licensed professionals. Contracts with licensed
24        professionals, provided they  are  competitively  bid  or
25        part  of  a reimbursement program for specific, customary
26        goods and services through the Department of Children and
27        Family Services, the Department of  Human  Services,  the
28        Department  of  Public  Aid,  the  Department  of  Public
29        Health, or the Department on Aging.
30        (g)  Penalty.  A  person convicted of a violation of this
31    Section is guilty of a business offense and  shall  be  fined
32    not less than $1,000 nor more than $5,000.
33    (Source: P.A. 90-572, eff. 2-6-98.)