Full Text of SB3297 97th General Assembly
SB3297sam001 97TH GENERAL ASSEMBLY | Sen. Susan Garrett Filed: 2/27/2012
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| 1 | | AMENDMENT TO SENATE BILL 3297
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3297 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 50-13 and by adding Section 40-60 as follows: | 6 | | (30 ILCS 500/40-60 new) | 7 | | Sec. 40-60. Written disclosure. | 8 | | (a) All State contracts for the lease or purchase of real | 9 | | property occupied by a State agency shall contain a full | 10 | | written disclosure of the identity of every owner of, or | 11 | | beneficiary having an interest in, the property being leased or | 12 | | purchased. The disclosure shall be subscribed and sworn or | 13 | | otherwise affirmed on oath by the owner, authorized trustee, | 14 | | corporate official, partner, managing agent, or other | 15 | | authorized person. The disclosure shall set forth the | 16 | | following: |
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| 1 | | (1) all ownership interests in the property, | 2 | | including, as appropriate, the names of the beneficiaries | 3 | | and the trustee of a land trust, the names of all partners | 4 | | whether general or limited in nature, the names of all | 5 | | members or managers of a limited liability company, the | 6 | | names of all shareholders in a corporation, and the names | 7 | | of any other person with an ownership or beneficial | 8 | | interest in the property; however, if the entity is a | 9 | | publicly traded entity subject to Federal 10K reporting, it | 10 | | may submit its 10K disclosure in place of this prescribed | 11 | | disclosure; and | 12 | | (2) the identity of any State officer, employee, or | 13 | | elected official, or the wife, husband, or minor child of | 14 | | that person, having an ownership or beneficial interest in | 15 | | the property, as well as a specific designation of the | 16 | | percentage of total distributable income the person, or the | 17 | | wife, husband, or minor child of that person, is entitled | 18 | | to receive from any firm, partnership, association, or | 19 | | corporation that is the lessor or the seller of the real | 20 | | property. | 21 | | (b) The lessor or seller of the real property shall notify | 22 | | the chief procurement officer, or his or her designee, or the | 23 | | State procurement officer, or his or her designee, of any | 24 | | changes in ownership or beneficial interest in the property and | 25 | | shall submit updated disclosure statements in accordance with | 26 | | the disclosure requirements of subsection (a) within 30 days |
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| 1 | | after the change. | 2 | | (30 ILCS 500/50-13)
| 3 | | Sec. 50-13. Conflicts of interest.
| 4 | | (a) Prohibition. It is unlawful for any person holding an
| 5 | | elective office in this State,
holding a seat in the General | 6 | | Assembly, or appointed to or
employed in any of the offices or
| 7 | | agencies of State government and who receives compensation for | 8 | | such employment
in excess of 60% of the salary of the Governor | 9 | | of the State of Illinois, or who
is an officer or employee of
| 10 | | the Capital Development
Board or the Illinois Toll Highway | 11 | | Authority, or who is the spouse
or minor child of any such
| 12 | | person to have or acquire any contract or subcontract , or any | 13 | | direct pecuniary
interest in any contract or subcontract | 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 the | 17 | | General Assembly of
the State of Illinois or in any contract or | 18 | | subcontract of the Capital
Development Board or the Illinois | 19 | | Toll
Highway Authority.
| 20 | | (b) Interests. It is unlawful for any firm, partnership,
| 21 | | association, or corporation, in
which any person listed in | 22 | | subsection (a) is entitled to receive (i) more than
7 1/2% of | 23 | | the total
distributable income or (ii) an amount in excess of | 24 | | the salary of the Governor,
to have or acquire any
such | 25 | | contract or subcontract or direct pecuniary interest therein.
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| 1 | | (c) Combined interests. It is unlawful for any firm, | 2 | | partnership,
association, or corporation, in which any person | 3 | | listed in subsection (a)
together with his or her spouse or | 4 | | minor children is entitled to receive (i)
more than 15%, in the | 5 | | aggregate, of the total distributable income or (ii) an
amount | 6 | | in excess of 2 times the salary of the Governor, to have or | 7 | | acquire any
such contract or subcontract or direct pecuniary | 8 | | interest therein.
| 9 | | (c-5) Appointees and firms. In addition to any provisions | 10 | | of this Code,
the interests of certain
appointees and their | 11 | | firms are subject to Section 3A-35 of the Illinois
Governmental | 12 | | Ethics Act.
| 13 | | (d) Securities. Nothing in this Section invalidates the
| 14 | | provisions of any bond or other
security previously offered or | 15 | | to be offered for sale or sold by
or for the State of Illinois.
| 16 | | (e) Prior interests. This Section does not affect the
| 17 | | validity of any contract made
between the State and an officer | 18 | | or employee of the State or
member of the General Assembly,
his | 19 | | or her spouse, minor child, or other immediate family member | 20 | | living in
his or her residence or any
combination of those | 21 | | persons or any subcontract made under this Code by one or any | 22 | | combination of those persons
if that contract or subcontract | 23 | | was in
existence before his or her election or employment as an | 24 | | officer,
member, or employee. The
contract or subcontract is | 25 | | voidable, however, if it cannot be completed within 365
days | 26 | | after the officer, member,
or employee takes office or is |
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| 1 | | employed.
| 2 | | (f) Exceptions.
| 3 | | (1) Public aid payments. This Section does not apply
to | 4 | | payments made for a
public aid recipient.
| 5 | | (2) Teaching. This Section does not apply to a
contract | 6 | | for personal services as
a teacher or school administrator | 7 | | between a member of the General
Assembly or his or her
| 8 | | spouse, or a State officer or employee or his or her | 9 | | spouse, and
any school district, public community college | 10 | | district, the University of
Illinois, Southern Illinois | 11 | | University, Illinois State University, Eastern
Illinois | 12 | | University, Northern Illinois University, Western Illinois | 13 | | University,
Chicago State University, Governor State | 14 | | University, or Northeastern Illinois
University.
| 15 | | (3) Ministerial duties. This Section does not apply to
| 16 | | a contract for personal
services of a wholly ministerial | 17 | | character, including but not
limited to services as a | 18 | | laborer, clerk,
typist, stenographer, page, bookkeeper, | 19 | | receptionist, or telephone
switchboard operator, made
by a | 20 | | spouse or minor child of an elective or appointive State
| 21 | | officer or employee or of a member
of the General Assembly.
| 22 | | (4) Child and family services. This Section does not
| 23 | | apply to payments made
to a member of the General Assembly, | 24 | | a State officer or employee,
his or her spouse or minor
| 25 | | child acting as a foster parent, homemaker, advocate, or | 26 | | volunteer
for or in behalf of a child or
family served by |
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| 1 | | the Department of Children and Family Services.
| 2 | | (5) Licensed professionals. Contracts with licensed | 3 | | professionals,
provided they are competitively bid or part | 4 | | of a reimbursement program for
specific, customary goods | 5 | | and services through the Department of Children and
Family | 6 | | Services, the Department of Human Services,
the Department | 7 | | of Healthcare and Family Services, the Department of Public | 8 | | Health, or
the Department on Aging.
| 9 | | (g) Penalty. A person convicted of a violation of this | 10 | | Section is guilty of
a business offense and shall be fined not | 11 | | less than $1,000 nor more than
$5,000.
| 12 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 13 | | Section 99. Effective date. This Act takes effect January | 14 | | 1, 2013.".
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