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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Governmental Ethics Act is amended | ||||||||||||||||||||||||||||||
5 | by changing Section 4A-105 as follows: | ||||||||||||||||||||||||||||||
6 | (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
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7 | Sec. 4A-105. Time for filing. Except as provided in | ||||||||||||||||||||||||||||||
8 | Section 4A-106.1, by
May 1 of each year a statement must be | ||||||||||||||||||||||||||||||
9 | filed by each person
whose position at that time subjects him | ||||||||||||||||||||||||||||||
10 | to the filing requirements of Section
4A-101 unless he has | ||||||||||||||||||||||||||||||
11 | already filed a statement in relation to the same unit of
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12 | government in that calendar year.
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13 | Statements must also be filed as follows:
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14 | (a) A candidate for elective office shall file his | ||||||||||||||||||||||||||||||
15 | statement not later
than the end of the period during which | ||||||||||||||||||||||||||||||
16 | he can take the action necessary
under the laws of this | ||||||||||||||||||||||||||||||
17 | State to attempt to qualify for nomination, election, or
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18 | retention to such office if he has not filed a statement in | ||||||||||||||||||||||||||||||
19 | relation to the
same unit of government within a year | ||||||||||||||||||||||||||||||
20 | preceding such action.
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21 | (b) A person whose appointment to office is subject to | ||||||||||||||||||||||||||||||
22 | confirmation by
the Senate shall file his statement at the | ||||||||||||||||||||||||||||||
23 | time his name is submitted to
the Senate for confirmation.
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24 | (b-5) A special government agent, as defined in
item | ||||||||||||||||||||||||||||||
25 | (1) of Section 4A-101 of this Act, shall file a statement | ||||||||||||||||||||||||||||||
26 | within 60 days after assuming responsibilities as a special | ||||||||||||||||||||||||||||||
27 | government agent
30 days
after
making the first ex parte | ||||||||||||||||||||||||||||||
28 | communication and each May 1 thereafter if he or she
has | ||||||||||||||||||||||||||||||
29 | made an ex parte communication within the previous 12 | ||||||||||||||||||||||||||||||
30 | months.
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31 | (c) Any other person required by this Article to file | ||||||||||||||||||||||||||||||
32 | the statement
shall file a statement at the time of his or |
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1 | her initial appointment or
employment in relation to that | ||||||
2 | unit of government if appointed or employed by
May 1.
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3 | If any person who is required to file a statement of | ||||||
4 | economic interests
fails to file such statement by May 1 of any | ||||||
5 | year, the officer with whom
such statement is to be filed under | ||||||
6 | Section 4A-106 of this Act shall,
within 7 days after May 1, | ||||||
7 | notify such person by certified mail of his or
her failure to | ||||||
8 | file by the specified date. Except as may be prescribed by
rule | ||||||
9 | of the Secretary of State, such person shall file his or
her | ||||||
10 | statement of economic interests on or before May 15 with the
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11 | appropriate officer, together with a $15 late filing fee. Any | ||||||
12 | such person
who fails to file by May 15 shall be subject to a | ||||||
13 | penalty of $100 for each
day from May 16 to the date of filing, | ||||||
14 | which shall be in addition to the $15
late filing fee specified | ||||||
15 | above. Failure to file by May 31 shall result in a
forfeiture | ||||||
16 | in accordance with Section 4A-107 of this Act.
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17 | Any person who takes office or otherwise becomes required | ||||||
18 | to file a
statement of economic interests within 30 days prior | ||||||
19 | to May 1 of any year
may file his or her statement at any time | ||||||
20 | on or before May 31 without
penalty. If such person fails to | ||||||
21 | file such statement by May 31, the
officer with whom such | ||||||
22 | statement is to be filed under Section 4A-106 of
this Act | ||||||
23 | shall, within 7 days after May 31, notify such person by | ||||||
24 | certified
mail of his or her failure to file by the specified | ||||||
25 | date. Such person
shall file his or her statement of economic | ||||||
26 | interests on or before June 15 with
the appropriate officer, | ||||||
27 | together with a $15 late filing fee. Any such
person who fails | ||||||
28 | to file by June 15 shall be subject to a penalty of $100
per day | ||||||
29 | for each day from June 16 to the date of filing, which shall be | ||||||
30 | in
addition to the $15 late filing fee specified above. Failure | ||||||
31 | to file by June
30 shall result in a forfeiture in accordance | ||||||
32 | with Section 4A-107 of this Act.
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33 | All late filing fees and penalties collected pursuant to | ||||||
34 | this Section
shall be paid into the General Revenue Fund in the | ||||||
35 | State treasury, if the
Secretary of State receives such | ||||||
36 | statement for filing, or into the general
fund in the county |
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1 | treasury, if the county clerk receives such statement
for | ||||||
2 | filing. The Attorney General, with respect to the State, and | ||||||
3 | the
several State's Attorneys, with respect to counties, shall | ||||||
4 | take appropriate
action to collect the prescribed penalties.
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5 | Failure to file a statement of economic interests within | ||||||
6 | the time
prescribed shall not result in a fine or ineligibility | ||||||
7 | for, or forfeiture of,
office or position of employment, as the | ||||||
8 | case may be; provided that the failure
to file results from not | ||||||
9 | being included for notification by the appropriate
agency, | ||||||
10 | clerk, secretary, officer or unit of government, as the case | ||||||
11 | may be,
and that a statement is filed within 30 days of actual | ||||||
12 | notice of the failure to
file.
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13 | (Source: P.A. 93-617, eff. 12-9-03.)
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14 | Section 10. The Illinois Procurement Code is amended by | ||||||
15 | changing Sections 50-13 and 50-20 and by adding Section 50-21 | ||||||
16 | as follows: | ||||||
17 | (30 ILCS 500/50-13)
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18 | Sec. 50-13. Conflicts of interest.
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19 | (a) Prohibition. It is unlawful for any person holding an
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20 | elective office in this State,
holding a seat in the General | ||||||
21 | Assembly, or appointed to or
employed in any of the offices or
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22 | agencies of State government and who receives compensation for | ||||||
23 | such employment
in excess of 60% of the salary of the Governor | ||||||
24 | of the State of Illinois , or who
is an officer or employee of
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25 | the Capital Development
Board or the Illinois Toll Highway | ||||||
26 | Authority, or who is the spouse
or minor child of any such
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27 | person to have or acquire any contract, or any direct pecuniary
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28 | interest in any contract therein,
whether for stationery, | ||||||
29 | printing, paper, or any services,
materials, or supplies, that | ||||||
30 | will be
wholly or partially satisfied by the payment of funds | ||||||
31 | appropriated
by the General Assembly of
the State of Illinois | ||||||
32 | or in any contract of the Capital
Development Board or the | ||||||
33 | Illinois Toll
Highway Authority.
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34 | (b) Interests. It is unlawful for any firm, partnership,
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1 | association, or corporation, in
which any person listed in | ||||||
2 | subsection (a) is entitled to receive (i) more than
7 1/2% of | ||||||
3 | the total
distributable income or (ii) an amount in excess of | ||||||
4 | the salary of the Governor,
to have or acquire any
such | ||||||
5 | contract or direct pecuniary interest therein.
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6 | (c) Combined interests. It is unlawful for any firm, | ||||||
7 | partnership,
association, or corporation, in which any person | ||||||
8 | listed in subsection (a)
together with his or her spouse or | ||||||
9 | minor children is entitled to receive (i)
more than 15%, in the | ||||||
10 | aggregate, of the total distributable income or (ii) an
amount | ||||||
11 | in excess of 2 times the salary of the Governor, to have or | ||||||
12 | acquire any
such contract or direct pecuniary interest therein.
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13 | (c-5) Appointees and firms. In addition to any provisions | ||||||
14 | of this Code,
the interests of certain
appointees and their | ||||||
15 | firms are subject to Section 3A-35 of the Illinois
Governmental | ||||||
16 | Ethics Act.
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17 | (d) Securities. Nothing in this Section invalidates the
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18 | provisions of any bond or other
security previously offered or | ||||||
19 | to be offered for sale or sold by
or for the State of Illinois.
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20 | (e) Prior interests. This Section does not affect the
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21 | validity of any contract made
between the State and an officer | ||||||
22 | or employee of the State or
member of the General Assembly,
his | ||||||
23 | or her spouse, minor child, or other immediate family member | ||||||
24 | living in
his or her residence or any
combination of those | ||||||
25 | persons
if that contract was in
existence before his or her | ||||||
26 | election or employment as an officer,
member, or employee. The
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27 | contract is voidable, however, if it cannot be completed within | ||||||
28 | 365
days after the officer, member,
or employee takes office or | ||||||
29 | is employed.
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30 | (f) Exceptions.
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31 | (1) Public aid payments. This Section does not apply
to | ||||||
32 | payments made for a
public aid recipient.
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33 | (2) Teaching. This Section does not apply to a
contract | ||||||
34 | for personal services as
a teacher or school administrator | ||||||
35 | between a member of the General
Assembly or his or her
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36 | spouse, or a State officer or employee or his or her |
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1 | spouse, and
any school district, public community college | ||||||
2 | district, the University of
Illinois, Southern Illinois | ||||||
3 | University, Illinois State University, Eastern
Illinois | ||||||
4 | University, Northern Illinois University, Western Illinois | ||||||
5 | University,
Chicago State University, Governor State | ||||||
6 | University, or Northeastern Illinois
University.
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7 | (3) Ministerial duties. This Section does not apply to
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8 | a contract for personal
services of a wholly ministerial | ||||||
9 | character, including but not
limited to services as a | ||||||
10 | laborer, clerk,
typist, stenographer, page, bookkeeper, | ||||||
11 | receptionist, or telephone
switchboard operator, made
by a | ||||||
12 | spouse or minor child of an elective or appointive State
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13 | officer or employee or of a member
of the General Assembly.
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14 | (4) Child and family services. This Section does not
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15 | apply to payments made
to a member of the General Assembly, | ||||||
16 | a State officer or employee,
his or her spouse or minor
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17 | child acting as a foster parent, homemaker, advocate, or | ||||||
18 | volunteer
for or in behalf of a child or
family served by | ||||||
19 | the Department of Children and Family Services.
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20 | (5) Licensed professionals. Contracts with licensed | ||||||
21 | professionals,
provided they are competitively bid or part | ||||||
22 | of a reimbursement program for
specific, customary goods | ||||||
23 | and services through the Department of Children and
Family | ||||||
24 | Services, the Department of Human Services,
the Department | ||||||
25 | of Healthcare and Family Services
Public Aid , the | ||||||
26 | Department of Public Health, or
the Department on Aging.
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27 | (g) Penalty. A person convicted of a violation of this | ||||||
28 | Section is guilty of
a business offense and shall be fined not | ||||||
29 | less than $1,000 nor more than
$5,000.
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30 | (Source: P.A. 93-615, eff. 11-19-03; revised 12-15-05.)
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31 | (30 ILCS 500/50-20)
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32 | Sec. 50-20. Exemptions. With the approval of the | ||||||
33 | appropriate chief
procurement officer involved, the Governor, | ||||||
34 | or an executive ethics board or
commission he or she | ||||||
35 | designates, may exempt named individuals from the
prohibitions |
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1 | of
Section 50-13 when, in his, her, or its judgment, the public | ||||||
2 | interest in
having
the
individual in the service of the State | ||||||
3 | outweighs the public policy evidenced in
that Section. An | ||||||
4 | exemption is effective only when it is filed with the
Secretary | ||||||
5 | of State and the Comptroller within 60 days after its issuance | ||||||
6 | or when performance of the contract begins, whichever is | ||||||
7 | earlier, and includes a statement setting forth
the name of the | ||||||
8 | individual and all the pertinent facts that would make that
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9 | Section applicable, setting forth the reason for the exemption, | ||||||
10 | and declaring
the individual exempted from that Section.
Notice | ||||||
11 | of each exemption shall be published in the Illinois | ||||||
12 | Procurement
Bulletin.
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13 | A contract for which a waiver has been issued but has not | ||||||
14 | been filed in accordance with this Section is voidable.
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15 | (Source: P.A. 90-572, eff. 2-6-98.)
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16 | (30 ILCS 500/50-21 new) | ||||||
17 | Sec. 50-21. Bond issuances. | ||||||
18 | (a) A State agency shall not enter into a contract with | ||||||
19 | respect to the issuance of bonds or other securities by the | ||||||
20 | State or a State agency with any entity that uses an | ||||||
21 | independent consultant. | ||||||
22 | As used in this subsection, "independent consultant" means | ||||||
23 | a person used by the entity to obtain or retain securities | ||||||
24 | business through direct or indirect communication by the person | ||||||
25 | with a State official or employee on behalf of the entity when | ||||||
26 | the communication is undertaken by the person in exchange for | ||||||
27 | or with the understanding of receiving payment from the entity | ||||||
28 | or another person. "Independent consultant" does not include | ||||||
29 | (i) a finance professional employed by the entity or (ii) a | ||||||
30 | person whose sole basis of compensation from the entity is the | ||||||
31 | actual provision of legal, accounting, or engineering advice, | ||||||
32 | services, or assistance in connection with the securities | ||||||
33 | business that the entity seeks to obtain or retain. | ||||||
34 | (b) Each contract entered into by a State agency with | ||||||
35 | respect to the issuance of bonds or other securities by the |
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1 | State or a State agency shall include a certification by any | ||||||
2 | contracting party subject to the Municipal Securities | ||||||
3 | Rulemaking Board's Rule G-38, or a successor rule, that the | ||||||
4 | contracting entity is and shall remain for the duration of the | ||||||
5 | contract in compliance with the Rule's requirements for | ||||||
6 | reporting political contributions. Violation of the | ||||||
7 | certification makes the contract voidable by the State and | ||||||
8 | shall bar the awarding of a State agency contract with respect | ||||||
9 | to the issuance of bonds or other securities to the violator | ||||||
10 | for a period of 10 years after the determination of the | ||||||
11 | violation. | ||||||
12 | (c) Any entity convicted of violating the Municipal | ||||||
13 | Securities Rulemaking Board's Rule G-37 or Rule G-38, or any | ||||||
14 | successor rules, with respect to the prohibitions of those | ||||||
15 | rules against obtaining or retaining municipal securities | ||||||
16 | business and the making of political contributions or payments | ||||||
17 | is permanently barred from participating in any State agency | ||||||
18 | contract with respect to the issuance of bonds or other | ||||||
19 | securities.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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