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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 003 ] |
91_SB0877eng SB877 Engrossed LRB9105731MWdvA 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 memberan officer or employeeof 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 such 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 SB877 Engrossed -2- LRB9105731MWdvA 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 SB877 Engrossed -3- LRB9105731MWdvA 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.)