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91_HB4262
LRB9110718MWpc
1 AN ACT to amend the Illinois Procurement Code by changing
2 Section 50-13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Procurement Code is amended by
6 changing Section 50-13 as follows:
7 (30 ILCS 500/50-13)
8 Sec. 50-13. Conflicts of interest.
9 (a) Prohibition. It is unlawful for any person holding
10 an elective office in this State, holding a seat in the
11 General Assembly, or appointed to or employed in any of the
12 offices or agencies of State government and who receives
13 compensation for such employment in excess of 60% of the
14 salary of the Governor of the State of Illinois, or who is a
15 member an officer or employee of the Capital Development
16 Board or a director of the Illinois State Toll Highway
17 Authority, or who is an employee of the Capital Development
18 Board or the Illinois State Toll Highway Authority and who
19 receives compensation for that employment in excess of 60% of
20 the salary of the Governor of the State of Illinois, or who
21 is the spouse or minor child of any such person to have or
22 acquire any contract, or any direct pecuniary interest in any
23 contract therein, whether for stationery, printing, paper, or
24 any services, materials, or supplies, that will be wholly or
25 partially satisfied by the payment of funds appropriated by
26 the General Assembly of the State of Illinois or in any
27 contract of the Capital Development Board or the Illinois
28 State Toll Highway Authority.
29 (b) Interests. It is unlawful for any firm,
30 partnership, association, or corporation, in which any person
31 listed in subsection (a) is entitled to receive (i) more than
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1 7 1/2% of the total distributable income or (ii) an amount in
2 excess of the salary of the Governor, to have or acquire any
3 such contract or direct pecuniary interest therein.
4 (c) Combined interests. It is unlawful for any firm,
5 partnership, association, or corporation, in which any person
6 listed in subsection (a) together with his or her spouse or
7 minor children is entitled to receive (i) more than 15%, in
8 the aggregate, of the total distributable income or (ii) an
9 amount in excess of 2 times the salary of the Governor, to
10 have or acquire any such contract or direct pecuniary
11 interest therein.
12 (d) Securities. Nothing in this Section invalidates the
13 provisions of any bond or other security previously offered
14 or to be offered for sale or sold by or for the State of
15 Illinois.
16 (e) Prior interests. This Section does not affect the
17 validity of any contract made between the State and an
18 officer or employee of the State or member of the General
19 Assembly, his or her spouse, minor child or any combination
20 of those persons if that contract was in existence before his
21 or her election or employment as an officer, member, or
22 employee. The contract is voidable, however, if it cannot be
23 completed within 365 days after the officer, member, or
24 employee takes office or is employed.
25 (f) Exceptions.
26 (1) Public aid payments. This Section does not
27 apply to payments made for a public aid recipient.
28 (2) Teaching. This Section does not apply to a
29 contract for personal services as a teacher or school
30 administrator between a member of the General Assembly or
31 his or her spouse, or a State officer or employee or his
32 or her spouse, and any school district, public community
33 college district, the University of Illinois, Southern
34 Illinois University, Illinois State University, Eastern
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1 Illinois University, Northern Illinois University,
2 Western Illinois University, Chicago State University,
3 Governor State University, or Northeastern Illinois
4 University.
5 (3) Ministerial duties. This Section does not
6 apply to a contract for personal services of a wholly
7 ministerial character, including but not limited to
8 services as a laborer, clerk, typist, stenographer, page,
9 bookkeeper, receptionist, or telephone switchboard
10 operator, made by a spouse or minor child of an elective
11 or appointive State officer or employee or of a member of
12 the General Assembly.
13 (4) Child and family services. This Section does
14 not apply to payments made to a member of the General
15 Assembly, a State officer or employee, his or her spouse
16 or minor child acting as a foster parent, homemaker,
17 advocate, or volunteer for or in behalf of a child or
18 family served by the Department of Children and Family
19 Services.
20 (5) Licensed professionals. Contracts with licensed
21 professionals, provided they are competitively bid or
22 part of a reimbursement program for specific, customary
23 goods and services through the Department of Children and
24 Family Services, the Department of Human Services, the
25 Department of Public Aid, the Department of Public
26 Health, or the Department on Aging.
27 (g) Penalty. A person convicted of a violation of this
28 Section is guilty of a business offense and shall be fined
29 not less than $1,000 nor more than $5,000.
30 (Source: P.A. 90-572, eff. 2-6-98.)