Full Text of HB5332 096th General Assembly
HB5332 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5332
Introduced 2/5/2010, by Rep. Maria Antonia Berrios SYNOPSIS AS INTRODUCED: |
|
|
Amends the Illinois Procurement Code. Prohibits a State government appointee or employee, or his or her spouse or minor child, whose compensation exceeds 40% (now, 60%) of the Governor's salary from having or acquiring a State contract, a direct pecuniary interest in a State contract, or specified percentages of the distributive income of a State contractor.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB5332 |
|
LRB096 18806 JAM 34192 b |
|
| 1 |
| AN ACT concerning finance.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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 40% 60% of the salary of the | 13 |
| Governor of the State of Illinois, or who
is an officer or | 14 |
| employee of
the Capital Development
Board or the Illinois Toll | 15 |
| Highway Authority, or who is the spouse
or minor child of any | 16 |
| such
person to have or acquire any contract, or any direct | 17 |
| pecuniary
interest in any contract therein,
whether for | 18 |
| stationery, printing, paper, or any services,
materials, or | 19 |
| supplies, that will be
wholly or partially satisfied by the | 20 |
| payment of funds appropriated
by the General Assembly of
the | 21 |
| State of Illinois or in any contract of the Capital
Development | 22 |
| Board or the Illinois Toll
Highway Authority.
| 23 |
| (b) Interests. It is unlawful for any firm, partnership,
|
|
|
|
HB5332 |
- 2 - |
LRB096 18806 JAM 34192 b |
|
| 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.
| 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.
| 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.
| 17 |
| (d) Securities. Nothing in this Section invalidates the
| 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.
| 20 |
| (e) Prior interests. This Section does not affect the
| 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
|
|
|
|
HB5332 |
- 3 - |
LRB096 18806 JAM 34192 b |
|
| 1 |
| contract is voidable, however, if it cannot be completed within | 2 |
| 365
days after the officer, member,
or employee takes office or | 3 |
| is employed.
| 4 |
| (f) Exceptions.
| 5 |
| (1) Public aid payments. This Section does not apply
to | 6 |
| payments made for a
public aid recipient.
| 7 |
| (2) Teaching. This Section does not apply to a
contract | 8 |
| for personal services as
a teacher or school administrator | 9 |
| between a member of the General
Assembly or his or her
| 10 |
| spouse, or a State officer or employee or his or her | 11 |
| spouse, and
any school district, public community college | 12 |
| district, the University of
Illinois, Southern Illinois | 13 |
| University, Illinois State University, Eastern
Illinois | 14 |
| University, Northern Illinois University, Western Illinois | 15 |
| University,
Chicago State University, Governor State | 16 |
| University, or Northeastern Illinois
University.
| 17 |
| (3) Ministerial duties. This Section does not apply to
| 18 |
| a contract for personal
services of a wholly ministerial | 19 |
| character, including but not
limited to services as a | 20 |
| laborer, clerk,
typist, stenographer, page, bookkeeper, | 21 |
| receptionist, or telephone
switchboard operator, made
by a | 22 |
| spouse or minor child of an elective or appointive State
| 23 |
| officer or employee or of a member
of the General Assembly.
| 24 |
| (4) Child and family services. This Section does not
| 25 |
| apply to payments made
to a member of the General Assembly, | 26 |
| a State officer or employee,
his or her spouse or minor
|
|
|
|
HB5332 |
- 4 - |
LRB096 18806 JAM 34192 b |
|
| 1 |
| child acting as a foster parent, homemaker, advocate, or | 2 |
| volunteer
for or in behalf of a child or
family served by | 3 |
| the Department of Children and Family Services.
| 4 |
| (5) Licensed professionals. Contracts with licensed | 5 |
| professionals,
provided they are competitively bid or part | 6 |
| of a reimbursement program for
specific, customary goods | 7 |
| and services through the Department of Children and
Family | 8 |
| Services, the Department of Human Services,
the Department | 9 |
| of Healthcare and Family Services, the Department of Public | 10 |
| Health, or
the Department on Aging.
| 11 |
| (g) Penalty. A person convicted of a violation of this | 12 |
| Section is guilty of
a business offense and shall be fined not | 13 |
| less than $1,000 nor more than
$5,000.
| 14 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|
|