093_HB0047eng

 
HB0047 Engrossed                     LRB093 02342 ACG 02350 b

 1        AN ACT concerning ethics.

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

 4        Section  1.   Short  title.  This Act may be cited as the
 5    State Appointee Disclosure Act.

 6        Section 5.  Disclosure.  Upon  appointment  to  a  board,
 7    commission, authority, or task force authorized or created by
 8    State  law,  a person must file with the Secretary of State a
 9    disclosure of all contracts the person or his or  her  spouse
10    or  immediate  family  members  have  with  the State and all
11    contracts between the State and an entity in which the person
12    or his or her spouse or immediate family members living  with
13    the person have a majority financial interest.

14        Section  10.   Penalty.   Violation  of  this  Act  is  a
15    business offense punishable by a fine of $1,000.

16        Section   15.    Administration;   public  records.   The
17    Secretary of State must adopt rules  for  the  implementation
18    and  administration  of  Section  5.  Disclosures filed under
19    this Act are public records.

20        Section 90.  The Lobbyist Registration Act is amended  by
21    adding Section 3.1 as follows:

22        (25 ILCS 170/3.1 new)
23        Sec.   3.1.  Prohibition   to   serve   on   boards   and
24    commissions.  Notwithstanding  any  other  law  of the State,
25    registered lobbyists may not serve on  a  board,  commission,
26    authority, or task force authorized or created by State law.
 
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 1        Section  95.  The Illinois Procurement Code is amended by
 2    changing Section 50-13 as follows:

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