Full Text of HB0435 100th General Assembly
HB0435ham001 100TH GENERAL ASSEMBLY | Rep. Lindsay Parkhurst Filed: 2/16/2017
| | 10000HB0435ham001 | | LRB100 05669 MLM 22090 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 435
| 2 | | AMENDMENT NO. ______. Amend House Bill 435 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 as follows: | 6 | | (30 ILCS 500/50-13)
| 7 | | Sec. 50-13. Conflicts of interest.
| 8 | | (a) Prohibition. It is unlawful for any person holding an
| 9 | | elective office in this State,
holding a seat in the General | 10 | | Assembly, or appointed to or
employed in any of the offices or
| 11 | | agencies of State government and who receives compensation for | 12 | | such employment
in excess of 60% of the salary of the Governor | 13 | | of the State of Illinois, or who is holding a seat in the | 14 | | General Assembly, or who
is an officer or employee of
the | 15 | | Capital Development
Board or the Illinois Toll Highway | 16 | | Authority, or who is the spouse
or minor child of any such
|
| | | 10000HB0435ham001 | - 2 - | LRB100 05669 MLM 22090 a |
|
| 1 | | person to have or acquire any contract, or any direct pecuniary
| 2 | | interest in any contract therein,
whether for stationery, | 3 | | printing, paper, or any services,
materials, or supplies, that | 4 | | will be
wholly or partially satisfied by the payment of funds | 5 | | appropriated
by the General Assembly of
the State of Illinois | 6 | | or in any contract of the Capital
Development Board or the | 7 | | Illinois Toll
Highway Authority.
| 8 | | (b) Interests. It is unlawful for any firm, partnership,
| 9 | | association, or corporation, in
which any person listed in | 10 | | subsection (a) is entitled to receive (i) more than
7 1/2% of | 11 | | the total
distributable income or (ii) an amount in excess of | 12 | | the salary of the Governor,
to have or acquire any
such | 13 | | contract or direct pecuniary interest therein.
| 14 | | (c) Combined interests. It is unlawful for any firm, | 15 | | partnership,
association, or corporation, in which any person | 16 | | listed in subsection (a)
together with his or her spouse or | 17 | | minor children is entitled to receive (i)
more than 15%, in the | 18 | | aggregate, of the total distributable income or (ii) an
amount | 19 | | in excess of 2 times the salary of the Governor, to have or | 20 | | acquire any
such contract or direct pecuniary interest therein.
| 21 | | (c-5) Appointees and firms. In addition to any provisions | 22 | | of this Code,
the interests of certain
appointees and their | 23 | | firms are subject to Section 3A-35 of the Illinois
Governmental | 24 | | Ethics Act.
| 25 | | (d) Securities. Nothing in this Section invalidates the
| 26 | | provisions of any bond or other
security previously offered or |
| | | 10000HB0435ham001 | - 3 - | LRB100 05669 MLM 22090 a |
|
| 1 | | to be offered for sale or sold by
or for the State of Illinois.
| 2 | | (e) Prior interests. This Section does not affect the
| 3 | | validity of any contract made
between the State and an officer | 4 | | or employee of the State or
member of the General Assembly,
his | 5 | | or her spouse, minor child, or other immediate family member | 6 | | living in
his or her residence or any
combination of those | 7 | | persons
if that contract was in
existence before his or her | 8 | | election or employment as an officer,
member, or employee. The
| 9 | | contract is voidable, however, if it cannot be completed within | 10 | | 365 calendar
days after the officer, member,
or employee takes | 11 | | office or is employed.
| 12 | | (f) Exceptions.
| 13 | | (1) Public aid payments. This Section does not apply
to | 14 | | payments made for a
public aid recipient.
| 15 | | (2) Teaching. This Section does not apply to a
contract | 16 | | for personal services as
a teacher or school administrator | 17 | | between a member of the General
Assembly or his or her
| 18 | | spouse, or a State officer or employee or his or her | 19 | | spouse, and
any school district, public community college | 20 | | district, the University of
Illinois, Southern Illinois | 21 | | University, Illinois State University, Eastern
Illinois | 22 | | University, Northern Illinois University, Western Illinois | 23 | | University,
Chicago State University, Governor State | 24 | | University, or Northeastern Illinois
University.
| 25 | | (3) Ministerial duties. This Section does not apply to
| 26 | | a contract for personal
services of a wholly ministerial |
| | | 10000HB0435ham001 | - 4 - | LRB100 05669 MLM 22090 a |
|
| 1 | | character, including but not
limited to services as a | 2 | | laborer, clerk,
typist, stenographer, page, bookkeeper, | 3 | | receptionist, or telephone
switchboard operator, made
by a | 4 | | spouse or minor child of an elective or appointive State
| 5 | | officer or employee or of a member
of the General Assembly.
| 6 | | (4) Child and family services. This Section does not
| 7 | | apply to payments made
to a member of the General Assembly, | 8 | | a State officer or employee,
his or her spouse or minor
| 9 | | child acting as a foster parent, homemaker, advocate, or | 10 | | volunteer
for or in behalf of a child or
family served by | 11 | | the Department of Children and Family Services.
| 12 | | (5) Licensed professionals. Contracts with licensed | 13 | | professionals,
provided they are competitively bid or part | 14 | | of a reimbursement program for
specific, customary goods | 15 | | and services through the Department of Children and
Family | 16 | | Services, the Department of Human Services,
the Department | 17 | | of Healthcare and Family Services, the Department of Public | 18 | | Health, or
the Department on Aging.
| 19 | | (g) Penalty. A person convicted of a violation of this | 20 | | Section is guilty of
a business offense and shall be fined not | 21 | | less than $1,000 nor more than
$5,000.
| 22 | | (Source: P.A. 98-1076, eff. 1-1-15 .)".
|
|