093_HB0047eng HB0047 Engrossed LRB093 02342 ACG 02350 b 1 AN ACT concerning ethics. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 State Appointee Disclosure Act. 6 Section 5. Disclosure. Upon appointment to a board, 7 commission, authority, or task force authorized or created by 8 State law, a person must file with the Secretary of State a 9 disclosure of all contracts the person or his or her spouse 10 or immediate family members have with the State and all 11 contracts between the State and an entity in which the person 12 or his or her spouse or immediate family members living with 13 the person have a majority financial interest. 14 Section 10. Penalty. Violation of this Act is a 15 business offense punishable by a fine of $1,000. 16 Section 15. Administration; public records. The 17 Secretary of State must adopt rules for the implementation 18 and administration of Section 5. Disclosures filed under 19 this Act are public records. 20 Section 90. The Lobbyist Registration Act is amended by 21 adding Section 3.1 as follows: 22 (25 ILCS 170/3.1 new) 23 Sec. 3.1. Prohibition to serve on boards and 24 commissions. Notwithstanding any other law of the State, 25 registered lobbyists may not serve on a board, commission, 26 authority, or task force authorized or created by State law. HB0047 Engrossed -2- LRB093 02342 ACG 02350 b 1 Section 95. The Illinois Procurement Code is amended by 2 changing Section 50-13 as follows: 3 (30 ILCS 500/50-13) 4 Sec. 50-13. Conflicts of interest. 5 (a) Prohibition. It is unlawful for any person holding 6 an elective office in this State, holding a seat in the 7 General Assembly, or appointed to or employed in any of the 8 offices or agencies of State government and who receives 9 compensation for such employment in excess of 60% of the 10 salary of the Governor of the State of Illinois, or who is an 11 officer or employee of the Capital Development Board or the 12 Illinois Toll Highway Authority, or who is the spouse or 13 minor child of any such person to have or acquire any 14 contract, or any direct pecuniary interest in any contract 15 therein, whether for stationery, printing, paper, or any 16 services, materials, or supplies, that will be wholly or 17 partially satisfied by the payment of funds appropriated by 18 the General Assembly of the State of Illinois or in any 19 contract of the Capital Development Board or the Illinois 20 Toll Highway Authority. 21 (b) Interests. It is unlawful for any firm, 22 partnership, association, or corporation, in which any person 23 listed in subsection (a) is entitled to receive (i) more than 24 7 1/2% of the total distributable income or (ii) an amount in 25 excess of the salary of the Governor, to have or acquire any 26 such contract or direct pecuniary interest therein. 27 (c) Combined interests. It is unlawful for any firm, 28 partnership, association, or corporation, in which any person 29 listed in subsection (a) together with his or her spouse or 30 minor children is entitled to receive (i) more than 15%, in 31 the aggregate, of the total distributable income or (ii) an 32 amount in excess of 2 times the salary of the Governor, to 33 have or acquire any such contract or direct pecuniary HB0047 Engrossed -3- LRB093 02342 ACG 02350 b 1 interest therein. 2 (c-5) In addition to subsection (a), it is unlawful for 3 an appointed member of a board, commission, authority, or 4 task force authorized or created by State law, the spouse of 5 the appointee, or an immediate family member of the appointee 6 living in the appointee's residence to have or acquire a 7 contract or have or acquire a direct pecuniary interest in a 8 contract with the State that relates to the board, 9 commission, authority, or task force of which he or she is an 10 appointee during and for one year after the person's term of 11 office. 12 (c-10) It is unlawful for a partnership, association, or 13 corporation in which a person subject to subsection (c-5) has 14 majority ownership or managerial responsibility to have or 15 acquire a contract or a direct pecuniary interest in a 16 contract prohibited by subsection (c-5) during and for one 17 year after the person's term of office. 18 (d) Securities. Nothing in this Section invalidates the 19 provisions of any bond or other security previously offered 20 or to be offered for sale or sold by or for the State of 21 Illinois. 22 (e) Prior interests. This Section does not affect the 23 validity of any contract made between the State and an 24 officer or employee of the State or member of the General 25 Assembly, his or her spouse, minor child, or other immediate 26 family member living in his or her residence or any 27 combination of those persons if that contract was in 28 existence before his or her election or employment as an 29 officer, member, or employee. The contract is voidable, 30 however, if it cannot be completed within 365 days after the 31 officer, member, or employee takes office or is employed. 32 (f) Exceptions. 33 (1) Public aid payments. This Section does not 34 apply to payments made for a public aid recipient. HB0047 Engrossed -4- LRB093 02342 ACG 02350 b 1 (2) Teaching. This Section does not apply to a 2 contract for personal services as a teacher or school 3 administrator between a member of the General Assembly or 4 his or her spouse, or a State officer or employee or his 5 or her spouse, and any school district, public community 6 college district, the University of Illinois, Southern 7 Illinois University, Illinois State University, Eastern 8 Illinois University, Northern Illinois University, 9 Western Illinois University, Chicago State University, 10 Governor State University, or Northeastern Illinois 11 University. 12 (3) Ministerial duties. This Section does not 13 apply to a contract for personal services of a wholly 14 ministerial character, including but not limited to 15 services as a laborer, clerk, typist, stenographer, page, 16 bookkeeper, receptionist, or telephone switchboard 17 operator, made by a spouse or minor child of an elective 18 or appointive State officer or employee or of a member of 19 the General Assembly. 20 (4) Child and family services. This Section does 21 not apply to payments made to a member of the General 22 Assembly, a State officer or employee, his or her spouse 23 or minor child acting as a foster parent, homemaker, 24 advocate, or volunteer for or in behalf of a child or 25 family served by the Department of Children and Family 26 Services. 27 (5) Licensed professionals. Contracts with licensed 28 professionals, provided they are competitively bid or 29 part of a reimbursement program for specific, customary 30 goods and services through the Department of Children and 31 Family Services, the Department of Human Services, the 32 Department of Public Aid, the Department of Public 33 Health, or the Department on Aging. 34 (g) Penalty. A person convicted of a violation of this HB0047 Engrossed -5- LRB093 02342 ACG 02350 b 1 Section is guilty of a business offense and shall be fined 2 not less than $1,000 nor more than $5,000. 3 (Source: P.A. 90-572, eff. 2-6-98.)