State of Illinois
2011 and 2012


Introduced 2/8/2011, by Sen. Jeffrey M. Schoenberg


30 ILCS 500/50-20

    Amends the Illinois Procurement Code. With respect to the waiving of the prohibition against certain State officials and employees having State contracts, (i) requires that a granted waiver must be filed with the Secretary of State and Comptroller within 60 days after issuance or when contract performance begins, whichever is earlier, (ii) requires that the filing must occur before the contract is executed, (iii) requires that the waiver must be published in the electronic Illinois Procurement Bulletin before the contract is executed, and (iv) provides that a contract for which an issued waiver has not been properly filed and published is voidable. Effective immediately.

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SB1325LRB097 09785 PJG 49931 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 50-20 as follows:
6    (30 ILCS 500/50-20)
7    Sec. 50-20. Exemptions. The appropriate chief procurement
8officer may file a request with the Executive Ethics Commission
9to exempt named individuals from the prohibitions of Section
1050-13 when, in his or her judgment, the public interest in
11having the individual in the service of the State outweighs the
12public policy evidenced in that Section. The Executive Ethics
13Commission may grant an exemption after a public hearing at
14which any person may present testimony. The chief procurement
15officer shall publish notice of the date, time, and location of
16the hearing in the online electronic Bulletin at least 14 days
17prior to the hearing and provide notice to the individual
18subject to the waiver and the Procurement Policy Board. The
19Executive Ethics Commission shall also provide public notice of
20the date, time, and location of the hearing on its website. If
21the Commission grants an exemption, the exemption is effective
22only if it is filed with the Secretary of State and the
23Comptroller within 60 days after its issuance or when



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1performance of the contract begins, whichever is earlier, prior
2to the execution of any contract and includes a statement
3setting forth the name of the individual and all the pertinent
4facts that would make that Section applicable, setting forth
5the reason for the exemption, and declaring the individual
6exempted from that Section. Exemptions must be filed with the
7Secretary of State and Comptroller prior to execution of any
8contracts. A copy Notice of each exemption shall be published
9in the Illinois Procurement Bulletin in its electronic form
10prior to execution of the contract. The changes to this Section
11made by this amendatory Act of the 97th General Assembly apply
12to exemptions granted on or after its effective date. A
13contract for which a waiver has been issued but has not been
14filed in accordance with this Section is voidable by the State.
15The changes to this Section made by this amendatory Act of the
1696th General Assembly shall apply to exemptions granted on or
17after its effective date.
18(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
19for the effective date of changes made by P.A. 96-795).)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.