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| [ House Amendment 003 ] |
91_SB0877ham001
LRB9105731MWcsam
1 AMENDMENT TO SENATE BILL 877
2 AMENDMENT NO. . Amend Senate Bill 877 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
9 an elective office in this State, holding a seat in the
10 General Assembly, or appointed to or employed in any of the
11 offices or agencies of State government and who receives
12 compensation for that such employment in excess of 60% of the
13 salary of the Governor of the State of Illinois, or who is an
14 officer or employee of the Capital Development Board or the
15 Illinois Toll Highway Authority, or who is the spouse or
16 minor child of any such person to have or acquire any
17 contract, or any direct pecuniary interest in any contract
18 therein, whether for stationery, printing, paper, or any
19 services, materials, or supplies, that will be wholly or
20 partially satisfied by the payment of funds appropriated by
21 the General Assembly of the State of Illinois or in any
22 contract of the Capital Development Board or the Illinois
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1 Toll Highway Authority.
2 (b) Interests. It is unlawful for any firm,
3 partnership, association, or corporation, in which any person
4 listed in subsection (a) is entitled to receive (i) more than
5 7 1/2% of the total distributable income or (ii) an amount in
6 excess of the salary of the Governor, to have or acquire any
7 such contract or direct pecuniary interest therein.
8 (c) Combined interests. It is unlawful for any firm,
9 partnership, association, or corporation, in which any person
10 listed in subsection (a) together with his or her spouse or
11 minor children is entitled to receive (i) more than 15%, in
12 the aggregate, of the total distributable income or (ii) an
13 amount in excess of 2 times the salary of the Governor, to
14 have or acquire any such contract or direct pecuniary
15 interest therein.
16 (d) Securities. Nothing in this Section invalidates the
17 provisions of any bond or other security previously offered
18 or to be offered for sale or sold by or for the State of
19 Illinois.
20 (e) Prior interests. This Section does not affect the
21 validity of any contract made between the State and an
22 officer or employee of the State or member of the General
23 Assembly, his or her spouse, minor child or any combination
24 of those persons if that contract was in existence before his
25 or her election or employment as an officer, member, or
26 employee. The contract is voidable, however, if it cannot be
27 completed within 365 days after the officer, member, or
28 employee takes office or is employed.
29 (f) Exceptions.
30 (1) Public aid payments. This Section does not
31 apply to payments made for a public aid recipient.
32 (2) Teaching. This Section does not apply to a
33 contract for personal services as a teacher or school
34 administrator between a member of the General Assembly or
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1 his or her spouse, or a State officer or employee or his
2 or her spouse, and any school district, public community
3 college district, the University of Illinois, Southern
4 Illinois University, Illinois State University, Eastern
5 Illinois University, Northern Illinois University,
6 Western Illinois University, Chicago State University,
7 Governor State University, or Northeastern Illinois
8 University.
9 (3) Ministerial duties. This Section does not
10 apply to a contract for personal services of a wholly
11 ministerial character, including but not limited to
12 services as a laborer, clerk, typist, stenographer, page,
13 bookkeeper, receptionist, or telephone switchboard
14 operator, made by a spouse or minor child of an elective
15 or appointive State officer or employee or of a member of
16 the General Assembly.
17 (4) Child and family services. This Section does
18 not apply to payments made to a member of the General
19 Assembly, a State officer or employee, his or her spouse
20 or minor child acting as a foster parent, homemaker,
21 advocate, or volunteer for or in behalf of a child or
22 family served by the Department of Children and Family
23 Services.
24 (5) Licensed professionals. Contracts with licensed
25 professionals, provided they are competitively bid or
26 part of a reimbursement program for specific, customary
27 goods and services through the Department of Children and
28 Family Services, the Department of Human Services, the
29 Department of Public Aid, the Department of Public
30 Health, or the Department on Aging.
31 (g) Penalty. A person convicted of a violation of this
32 Section is guilty of a business offense and shall be fined
33 not less than $1,000 nor more than $5,000.
34 (Source: P.A. 90-572, eff. 2-6-98.)".