SB3296sam001 97TH GENERAL ASSEMBLY

Sen. Susan Garrett

Filed: 2/27/2012

09700SB3296sam001 LRB097 20004 PJG 66565 a

AMENDMENT TO SENATE BILL 3296

AMENDMENT NO. ______. Amend Senate Bill 3296 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Procurement Code is amended by changing Sections 1-15.107, 1-15.108, and 50-13 and by adding Sections 1-15.112 and 40-60 as follows:

(30 ILCS 500/1-15.107)

Sec. 1-15.107. Subcontract. "Subcontract" means a contract between a person and a person who has or is seeking a contract subject to this Code, pursuant to which the subcontractor provides to the contractor or another subcontractor some or all of the goods, services, property, remuneration, or other forms of consideration that are the subject of the primary contract and includes, among other things, subleases from a lessee of a State agency. "Subcontract" includes third party facility management or service contracts entered into with management or service companies for the management, service, and maintenance of State-occupied, leased, or owned property.

(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of P.A. 96-795).)

(30 ILCS 500/1-15.108)

Sec. 1-15.108. Subcontractor. "Subcontractor" means a person or entity that enters into a contractual agreement with a total value of $25,000 or more with a person or entity who has or is seeking a contract subject to this Code pursuant to which the person or entity provides some or all of the goods, services, property, remuneration, or other forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract. "Subcontractor" includes a management or service company that enters into a third party facility management or service contract.

(Source: P.A. 96-920, eff. 7-1-10.)

(30 ILCS 500/1-15.112 new)

Sec. 1-15.112. Third party facility management or service contract. "Third party facility management or service contract" means a contract (i) entered into between a management or service company and the owner of a building who has entered into an installment purchase or lease agreement with the State of Illinois; (ii) authorized by the installment purchase or lease agreement; and (iii) pursuant to which the management or service company provides services that include but are not limited to the following:

(1) supervision and inspection of the building or facility;

(2) maintaining the building or facility in a clean and orderly manner, including providing cleaning, painting, decorating, plumbing, carpentry, grounds care, heating, ventilating, and air conditioning services;

(3) supervision of routine maintenance and repairs;

(4) contracting with qualified contractors for the maintenance and repair or major mechanical systems and elevators; and

(5) arranging for the provision of trash disposal, janitorial services, vermin extermination, security, and property and liability insurance.

(30 ILCS 500/40-60 new)

Sec. 40-60. Third party facility management or service contract fees. Fees charged under a third party facility management or service contract entered into by the owner of real property leased under this Article shall be based on the occupied square footage and not on the amount of the mortgage, installment, or rent paid by the State.

(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.".