Illinois General Assembly - Full Text of HB0047
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Full Text of HB0047  93rd General Assembly

HB0047ham001 93rd General Assembly


093_HB0047ham001

 










                                     LRB093 02342 BDD 13205 a

 1                     AMENDMENT TO HOUSE BILL 47

 2        AMENDMENT NO.     .  Amend House Bill 47 on  page  1,  in
 3    line 1 by changing "requiring disclosure by State appointees"
 4    to "concerning ethics"; and

 5    on page 1, in line 7 by deleting "(a)"; and

 6    on  page  1,  by  replacing  lines  13  through  26  with the
 7    following:
 8    "or immediate family members living with the  person  have  a
 9    majority financial interest."; and

10    on  page  2,  immediately  below  line  3  by  inserting  the
11    following:

12        "Section 90.  The Lobbyist Registration Act is amended by
13    adding Section 3.1 as follows:

14        (25 ILCS 170/3.1 new)
15        Sec.   3.1.  Prohibition   to   serve   on   boards   and
16    commissions.  Notwithstanding  any  other  law  of the State,
17    registered lobbyists may not serve on  a  board,  commission,
18    authority, or task force authorized or created by State law.

19        Section  95.  The Illinois Procurement Code is amended by
 
                            -2-      LRB093 02342 BDD 13205 a
 1    changing Section 50-13 as follows:

 2        (30 ILCS 500/50-13)
 3        Sec. 50-13.  Conflicts of interest.
 4        (a)  Prohibition.  It is unlawful for any person  holding
 5    an  elective  office  in  this  State,  holding a seat in the
 6    General Assembly, or appointed to or employed in any  of  the
 7    offices  or  agencies  of  State  government and who receives
 8    compensation for such employment in  excess  of  60%  of  the
 9    salary of the Governor of the State of Illinois, or who is an
10    officer  or  employee of the Capital Development Board or the
11    Illinois Toll Highway Authority, or  who  is  the  spouse  or
12    minor  child  of  any  such  person  to  have  or acquire any
13    contract, or any direct pecuniary interest  in  any  contract
14    therein,  whether  for  stationery,  printing,  paper, or any
15    services, materials, or supplies,  that  will  be  wholly  or
16    partially  satisfied  by the payment of funds appropriated by
17    the General Assembly of the  State  of  Illinois  or  in  any
18    contract  of  the  Capital  Development Board or the Illinois
19    Toll Highway Authority.
20        (b)  Interests.    It   is   unlawful   for   any   firm,
21    partnership, association, or corporation, in which any person
22    listed in subsection (a) is entitled to receive (i) more than
23    7 1/2% of the total distributable income or (ii) an amount in
24    excess of the salary of the Governor, to have or acquire  any
25    such contract or direct pecuniary interest therein.
26        (c)  Combined  interests.   It  is unlawful for any firm,
27    partnership, association, or corporation, in which any person
28    listed in subsection (a) together with his or her  spouse  or
29    minor  children  is entitled to receive (i) more than 15%, in
30    the aggregate, of the total distributable income or  (ii)  an
31    amount  in  excess  of 2 times the salary of the Governor, to
32    have  or  acquire  any  such  contract  or  direct  pecuniary
33    interest therein.
 
                            -3-      LRB093 02342 BDD 13205 a
 1        (c-5)  In addition to subsection (a),    it  is  unlawful
 2    for an appointed member of a board, commission, authority, or
 3    task  force authorized or created by State law, the spouse of
 4    the appointee, or an immediate family member of the appointee
 5    living in the appointee's residence  to  have  or  acquire  a
 6    contract  or have or acquire a direct pecuniary interest in a
 7    contract  with  the  State  that  relates   to   the   board,
 8    commission, authority, or task force of which he or she is an
 9    appointee  during and for one year after the person's term of
10    office.
11        (c-10)  It is unlawful for a partnership, association, or
12    corporation in which a person subject to subsection (c-5) has
13    majority ownership or managerial responsibility  to  have  or
14    acquire  a  contract  or  a  direct  pecuniary  interest in a
15    contract prohibited by subsection (c-5) during  and  for  one
16    year after the person's term of office.
17        (d)  Securities.  Nothing in this Section invalidates the
18    provisions  of  any bond or other security previously offered
19    or to be offered for sale or sold by  or  for  the  State  of
20    Illinois.
21        (e)  Prior  interests.   This Section does not affect the
22    validity of any  contract  made  between  the  State  and  an
23    officer  or  employee  of  the State or member of the General
24    Assembly, his or her spouse, minor child, or other  immediate
25    family   member  living  in  his  or  her  residence  or  any
26    combination  of  those  persons  if  that  contract  was   in
27    existence  before  his  or  her  election or employment as an
28    officer, member, or  employee.   The  contract  is  voidable,
29    however,  if it cannot be completed within 365 days after the
30    officer, member, or employee takes office or is employed.
31        (f)  Exceptions.
32             (1)  Public aid payments.   This  Section  does  not
33        apply to payments made for a public aid recipient.
34             (2)  Teaching.   This  Section  does  not apply to a
 
                            -4-      LRB093 02342 BDD 13205 a
 1        contract for personal services as  a  teacher  or  school
 2        administrator between a member of the General Assembly or
 3        his  or her spouse, or a State officer or employee or his
 4        or her spouse, and any school district, public  community
 5        college  district,  the  University of Illinois, Southern
 6        Illinois University, Illinois State  University,  Eastern
 7        Illinois   University,   Northern   Illinois  University,
 8        Western Illinois University,  Chicago  State  University,
 9        Governor   State  University,  or  Northeastern  Illinois
10        University.
11             (3)  Ministerial  duties.   This  Section  does  not
12        apply to a contract for personal  services  of  a  wholly
13        ministerial  character,  including  but  not  limited  to
14        services as a laborer, clerk, typist, stenographer, page,
15        bookkeeper,   receptionist,   or   telephone  switchboard
16        operator, made by a spouse or minor child of an  elective
17        or appointive State officer or employee or of a member of
18        the General Assembly.
19             (4)  Child  and  family services.  This Section does
20        not apply to payments made to a  member  of  the  General
21        Assembly,  a State officer or employee, his or her spouse
22        or minor child acting  as  a  foster  parent,  homemaker,
23        advocate,  or  volunteer  for  or in behalf of a child or
24        family served by the Department of  Children  and  Family
25        Services.
26             (5)  Licensed professionals. Contracts with licensed
27        professionals,  provided  they  are  competitively bid or
28        part of a reimbursement program for  specific,  customary
29        goods and services through the Department of Children and
30        Family  Services,  the  Department of Human Services, the
31        Department  of  Public  Aid,  the  Department  of  Public
32        Health, or the Department on Aging.
33        (g)  Penalty. A person convicted of a violation  of  this
34    Section  is  guilty  of a business offense and shall be fined
 
                            -5-      LRB093 02342 BDD 13205 a
 1    not less than $1,000 nor more than $5,000.
 2    (Source: P.A. 90-572, eff. 2-6-98.)".