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91_SB1671
LRB9112689JMmbA
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 (i)
10 holding an elective office in this State, (ii) holding a seat
11 in the General Assembly, (iii) or appointed to or employed in
12 any of the offices or agencies of State government and who
13 receives compensation for such employment in excess of 60% of
14 the salary of the Governor of the State of Illinois, (iv) or
15 who is an officer or employee of the Capital Development
16 Board or the Illinois Toll Highway Authority, (v) holding any
17 appointive government office of the State of Illinois,
18 regardless of compensation, or (vi) who is the spouse or
19 minor child of any such person to have or acquire any
20 contract, or any direct pecuniary interest in any contract
21 therein, whether for stationery, printing, paper, or any
22 services, materials, or supplies, that will be wholly or
23 partially satisfied by the payment of funds appropriated by
24 the General Assembly of the State of Illinois or in any
25 contract of the Capital Development Board or the Illinois
26 Toll Highway Authority.
27 (b) Interests. It is unlawful for any firm,
28 partnership, association, or corporation, in which any person
29 listed in subsection (a) is entitled to receive (i) more than
30 7 1/2% of the total distributable income or (ii) an amount in
31 excess of the salary of the Governor, to have or acquire any
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1 such contract or direct pecuniary interest therein.
2 (c) Combined interests. It is unlawful for any firm,
3 partnership, association, or corporation, in which any person
4 listed in subsection (a) together with his or her spouse or
5 minor children is entitled to receive (i) more than 15%, in
6 the aggregate, of the total distributable income or (ii) an
7 amount in excess of 2 times the salary of the Governor, to
8 have or acquire any such contract or direct pecuniary
9 interest therein.
10 (d) Securities. Nothing in this Section invalidates the
11 provisions of any bond or other security previously offered
12 or to be offered for sale or sold by or for the State of
13 Illinois.
14 (e) Prior interests. This Section does not affect the
15 validity of any contract made between the State and a person
16 or combination of persons listed in subsection (a) an officer
17 or employee of the State or member of the General Assembly,
18 his or her spouse, minor child or any combination of those
19 persons if that contract was in existence before his or her
20 election or employment as an officer, member, or employee.
21 The contract is voidable, however, if it cannot be completed
22 within 365 days after the officer, member, or employee takes
23 office or is employed.
24 (f) Exceptions.
25 (1) Public aid payments. This Section does not
26 apply to payments made for a public aid recipient.
27 (2) Teaching. This Section does not apply to a
28 contract for personal services as a teacher or school
29 administrator between a member of the General Assembly or
30 his or her spouse, or a State officer or employee or his
31 or her spouse, and any school district, public community
32 college district, the University of Illinois, Southern
33 Illinois University, Illinois State University, Eastern
34 Illinois University, Northern Illinois University,
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1 Western Illinois University, Chicago State University,
2 Governor State University, or Northeastern Illinois
3 University.
4 (3) Ministerial duties. This Section does not
5 apply to a contract for personal services of a wholly
6 ministerial character, including but not limited to
7 services as a laborer, clerk, typist, stenographer, page,
8 bookkeeper, receptionist, or telephone switchboard
9 operator, made by a spouse or minor child of an elective
10 or appointive State officer or employee or of a member of
11 the General Assembly.
12 (4) Child and family services. This Section does
13 not apply to payments made to a member of the General
14 Assembly, a State officer or employee, his or her spouse
15 or minor child acting as a foster parent, homemaker,
16 advocate, or volunteer for or in behalf of a child or
17 family served by the Department of Children and Family
18 Services.
19 (5) Licensed professionals. Contracts with licensed
20 professionals, provided they are competitively bid or
21 part of a reimbursement program for specific, customary
22 goods and services through the Department of Children and
23 Family Services, the Department of Human Services, the
24 Department of Public Aid, the Department of Public
25 Health, or the Department on Aging.
26 (g) Penalty. A person convicted of a violation of this
27 Section is guilty of a business offense and shall be fined
28 not less than $1,000 nor more than $5,000.
29 (Source: P.A. 90-572, eff. 2-6-98.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.