Illinois General Assembly - Full Text of SB3296
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Full Text of SB3296  97th General Assembly


Sen. Susan Garrett

Filed: 2/27/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3296 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Procurement Code is amended by
5changing Sections 1-15.107, 1-15.108, and 50-13 and by adding
6Sections 1-15.112 and 40-60 as follows:
7    (30 ILCS 500/1-15.107)
8    Sec. 1-15.107. Subcontract. "Subcontract" means a contract
9between a person and a person who has or is seeking a contract
10subject to this Code, pursuant to which the subcontractor
11provides to the contractor or another subcontractor some or all
12of the goods, services, property, remuneration, or other forms
13of consideration that are the subject of the primary contract
14and includes, among other things, subleases from a lessee of a
15State agency. "Subcontract" includes third party facility
16management or service contracts entered into with management or



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1service companies for the management, service, and maintenance
2of State-occupied, leased, or owned property.
3(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
4for the effective date of P.A. 96-795).)
5    (30 ILCS 500/1-15.108)
6    Sec. 1-15.108. Subcontractor. "Subcontractor" means a
7person or entity that enters into a contractual agreement with
8a total value of $25,000 or more with a person or entity who
9has or is seeking a contract subject to this Code pursuant to
10which the person or entity provides some or all of the goods,
11services, property, remuneration, or other forms of
12consideration that are the subject of the primary State
13contract, including subleases from a lessee of a State
14contract. "Subcontractor" includes a management or service
15company that enters into a third party facility management or
16service contract.
17(Source: P.A. 96-920, eff. 7-1-10.)
18    (30 ILCS 500/1-15.112 new)
19    Sec. 1-15.112. Third party facility management or service
20contract. "Third party facility management or service
21contract" means a contract (i) entered into between a
22management or service company and the owner of a building who
23has entered into an installment purchase or lease agreement
24with the State of Illinois; (ii) authorized by the installment



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1purchase or lease agreement; and (iii) pursuant to which the
2management or service company provides services that include
3but are not limited to the following:
4        (1) supervision and inspection of the building or
5    facility;
6        (2) maintaining the building or facility in a clean and
7    orderly manner, including providing cleaning, painting,
8    decorating, plumbing, carpentry, grounds care, heating,
9    ventilating, and air conditioning services;
10        (3) supervision of routine maintenance and repairs;
11        (4) contracting with qualified contractors for the
12    maintenance and repair or major mechanical systems and
13    elevators; and
14        (5) arranging for the provision of trash disposal,
15    janitorial services, vermin extermination, security, and
16    property and liability insurance.
17    (30 ILCS 500/40-60 new)
18    Sec. 40-60. Third party facility management or service
19contract fees. Fees charged under a third party facility
20management or service contract entered into by the owner of
21real property leased under this Article shall be based on the
22occupied square footage and not on the amount of the mortgage,
23installment, or rent paid by the State.
24    (30 ILCS 500/50-13)



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1    Sec. 50-13. Conflicts of interest.
2    (a) Prohibition. It is unlawful for any person holding an
3elective office in this State, holding a seat in the General
4Assembly, or appointed to or employed in any of the offices or
5agencies of State government and who receives compensation for
6such employment in excess of 60% of the salary of the Governor
7of the State of Illinois, or who is an officer or employee of
8the Capital Development Board or the Illinois Toll Highway
9Authority, or who is the spouse or minor child of any such
10person to have or acquire any contract or subcontract, or any
11direct pecuniary interest in any contract or subcontract
12therein, whether for stationery, printing, paper, or any
13services, materials, or supplies, that will be wholly or
14partially satisfied by the payment of funds appropriated by the
15General Assembly of the State of Illinois or in any contract or
16subcontract of the Capital Development Board or the Illinois
17Toll Highway Authority.
18    (b) Interests. It is unlawful for any firm, partnership,
19association, or corporation, in which any person listed in
20subsection (a) is entitled to receive (i) more than 7 1/2% of
21the total distributable income or (ii) an amount in excess of
22the salary of the Governor, to have or acquire any such
23contract or subcontract or direct pecuniary interest therein.
24    (c) Combined interests. It is unlawful for any firm,
25partnership, association, or corporation, in which any person
26listed in subsection (a) together with his or her spouse or



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1minor children is entitled to receive (i) more than 15%, in the
2aggregate, of the total distributable income or (ii) an amount
3in excess of 2 times the salary of the Governor, to have or
4acquire any such contract or subcontract or direct pecuniary
5interest therein.
6    (c-5) Appointees and firms. In addition to any provisions
7of this Code, the interests of certain appointees and their
8firms are subject to Section 3A-35 of the Illinois Governmental
9Ethics Act.
10    (d) Securities. Nothing in this Section invalidates the
11provisions of any bond or other security previously offered or
12to be offered for sale or sold by or for the State of Illinois.
13    (e) Prior interests. This Section does not affect the
14validity of any contract made between the State and an officer
15or employee of the State or member of the General Assembly, his
16or her spouse, minor child, or other immediate family member
17living in his or her residence or any combination of those
18persons or any subcontract made under this Code by one or any
19combination of those persons if that contract or subcontract
20was in existence before his or her election or employment as an
21officer, member, or employee. The contract or subcontract is
22voidable, however, if it cannot be completed within 365 days
23after the officer, member, or employee takes office or is
25    (f) Exceptions.
26        (1) Public aid payments. This Section does not apply to



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1    payments made for a public aid recipient.
2        (2) Teaching. This Section does not apply to a contract
3    for personal services as a teacher or school administrator
4    between a member of the General Assembly or his or her
5    spouse, or a State officer or employee or his or her
6    spouse, and any school district, public community college
7    district, the University of Illinois, Southern Illinois
8    University, Illinois State University, Eastern Illinois
9    University, Northern Illinois University, Western Illinois
10    University, Chicago State University, Governor State
11    University, or Northeastern Illinois University.
12        (3) Ministerial duties. This Section does not apply to
13    a contract for personal services of a wholly ministerial
14    character, including but not limited to services as a
15    laborer, clerk, typist, stenographer, page, bookkeeper,
16    receptionist, or telephone switchboard operator, made by a
17    spouse or minor child of an elective or appointive State
18    officer or employee or of a member of the General Assembly.
19        (4) Child and family services. This Section does not
20    apply to payments made to a member of the General Assembly,
21    a State officer or employee, his or her spouse or minor
22    child acting as a foster parent, homemaker, advocate, or
23    volunteer for or in behalf of a child or family served by
24    the Department of Children and Family Services.
25        (5) Licensed professionals. Contracts with licensed
26    professionals, provided they are competitively bid or part



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1    of a reimbursement program for specific, customary goods
2    and services through the Department of Children and Family
3    Services, the Department of Human Services, the Department
4    of Healthcare and Family Services, the Department of Public
5    Health, or the Department on Aging.
6    (g) Penalty. A person convicted of a violation of this
7Section is guilty of a business offense and shall be fined not
8less than $1,000 nor more than $5,000.
9(Source: P.A. 95-331, eff. 8-21-07.)
10    Section 99. Effective date. This Act takes effect January
111, 2013.".