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1     AN ACT concerning government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Governmental Ethics Act is amended
5 by changing Section 4A-105 as follows:
 
6     (5 ILCS 420/4A-105)  (from Ch. 127, par. 604A-105)
7     Sec. 4A-105. Time for filing. Except as provided in
8 Section 4A-106.1, by May 1 of each year a statement must be
9 filed by each person whose position at that time subjects him
10 to the filing requirements of Section 4A-101 unless he has
11 already filed a statement in relation to the same unit of
12 government in that calendar year.
13     Statements must also be filed as follows:
14         (a) A candidate for elective office shall file his
15     statement not later than the end of the period during which
16     he can take the action necessary under the laws of this
17     State to attempt to qualify for nomination, election, or
18     retention to such office if he has not filed a statement in
19     relation to the same unit of government within a year
20     preceding such action.
21         (b) A person whose appointment to office is subject to
22     confirmation by the Senate shall file his statement at the
23     time his name is submitted to the Senate for confirmation.
24         (b-5) A special government agent, as defined in item
25     (1) of Section 4A-101 of this Act, shall file a statement
26     within 60 days after assuming responsibilities as a special
27     government agent 30 days after making the first ex parte
28     communication and each May 1 thereafter if he or she has
29     made an ex parte communication within the previous 12
30     months.
31         (c) Any other person required by this Article to file
32     the statement shall file a statement at the time of his or

 

 

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1     her initial appointment or employment in relation to that
2     unit of government if appointed or employed by May 1.
3     If any person who is required to file a statement of
4 economic interests fails to file such statement by May 1 of any
5 year, the officer with whom such statement is to be filed under
6 Section 4A-106 of this Act shall, within 7 days after May 1,
7 notify such person by certified mail of his or her failure to
8 file by the specified date. Except as may be prescribed by rule
9 of the Secretary of State, such person shall file his or her
10 statement of economic interests on or before May 15 with the
11 appropriate officer, together with a $15 late filing fee. Any
12 such person who fails to file by May 15 shall be subject to a
13 penalty of $100 for each day from May 16 to the date of filing,
14 which shall be in addition to the $15 late filing fee specified
15 above. Failure to file by May 31 shall result in a forfeiture
16 in accordance with Section 4A-107 of this Act.
17     Any person who takes office or otherwise becomes required
18 to file a statement of economic interests within 30 days prior
19 to May 1 of any year may file his or her statement at any time
20 on or before May 31 without penalty. If such person fails to
21 file such statement by May 31, the officer with whom such
22 statement is to be filed under Section 4A-106 of this Act
23 shall, within 7 days after May 31, notify such person by
24 certified mail of his or her failure to file by the specified
25 date. Such person shall file his or her statement of economic
26 interests on or before June 15 with the appropriate officer,
27 together with a $15 late filing fee. Any such person who fails
28 to file by June 15 shall be subject to a penalty of $100 per day
29 for each day from June 16 to the date of filing, which shall be
30 in addition to the $15 late filing fee specified above. Failure
31 to file by June 30 shall result in a forfeiture in accordance
32 with Section 4A-107 of this Act.
33     All late filing fees and penalties collected pursuant to
34 this Section shall be paid into the General Revenue Fund in the
35 State treasury, if the Secretary of State receives such
36 statement for filing, or into the general fund in the county

 

 

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1 treasury, if the county clerk receives such statement for
2 filing. The Attorney General, with respect to the State, and
3 the several State's Attorneys, with respect to counties, shall
4 take appropriate action to collect the prescribed penalties.
5     Failure to file a statement of economic interests within
6 the time prescribed shall not result in a fine or ineligibility
7 for, or forfeiture of, office or position of employment, as the
8 case may be; provided that the failure to file results from not
9 being included for notification by the appropriate agency,
10 clerk, secretary, officer or unit of government, as the case
11 may be, and that a statement is filed within 30 days of actual
12 notice of the failure to file.
13 (Source: P.A. 93-617, eff. 12-9-03.)
 
14     Section 10. The Illinois Procurement Code is amended by
15 changing Sections 50-13 and 50-20 and by adding Section 50-21
16 as follows:
 
17     (30 ILCS 500/50-13)
18     Sec. 50-13. Conflicts of interest.
19     (a) Prohibition. It is unlawful for any person holding an
20 elective office in this State, holding a seat in the General
21 Assembly, or appointed to or employed in any of the offices or
22 agencies of State government and who receives compensation for
23 such employment in excess of 60% of the salary of the Governor
24 of the State of Illinois, or who is an officer or employee of
25 the Capital Development Board or the Illinois Toll Highway
26 Authority, or who is the spouse or minor child of any such
27 person to have or acquire any contract, or any direct pecuniary
28 interest in any contract therein, whether for stationery,
29 printing, paper, or any services, materials, or supplies, that
30 will be wholly or partially satisfied by the payment of funds
31 appropriated by the General Assembly of the State of Illinois
32 or in any contract of the Capital Development Board or the
33 Illinois Toll Highway Authority.
34     (b) Interests. It is unlawful for any firm, partnership,

 

 

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1 association, or corporation, in which any person listed in
2 subsection (a) is entitled to receive (i) more than 7 1/2% of
3 the total distributable income or (ii) an amount in excess of
4 the salary of the Governor, to have or acquire any such
5 contract or direct pecuniary interest therein.
6     (c) Combined interests. It is unlawful for any firm,
7 partnership, association, or corporation, in which any person
8 listed in subsection (a) together with his or her spouse or
9 minor children is entitled to receive (i) more than 15%, in the
10 aggregate, of the total distributable income or (ii) an amount
11 in excess of 2 times the salary of the Governor, to have or
12 acquire any such contract or direct pecuniary interest therein.
13     (c-5) Appointees and firms. In addition to any provisions
14 of this Code, the interests of certain appointees and their
15 firms are subject to Section 3A-35 of the Illinois Governmental
16 Ethics Act.
17     (d) Securities. Nothing in this Section invalidates the
18 provisions of any bond or other security previously offered or
19 to be offered for sale or sold by or for the State of Illinois.
20     (e) Prior interests. This Section does not affect the
21 validity of any contract made between the State and an officer
22 or employee of the State or member of the General Assembly, his
23 or her spouse, minor child, or other immediate family member
24 living in his or her residence or any combination of those
25 persons if that contract was in existence before his or her
26 election or employment as an officer, member, or employee. The
27 contract is voidable, however, if it cannot be completed within
28 365 days after the officer, member, or employee takes office or
29 is employed.
30     (f) Exceptions.
31         (1) Public aid payments. This Section does not apply to
32     payments made for a public aid recipient.
33         (2) Teaching. This Section does not apply to a contract
34     for personal services as a teacher or school administrator
35     between a member of the General Assembly or his or her
36     spouse, or a State officer or employee or his or her

 

 

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1     spouse, and any school district, public community college
2     district, the University of Illinois, Southern Illinois
3     University, Illinois State University, Eastern Illinois
4     University, Northern Illinois University, Western Illinois
5     University, Chicago State University, Governor State
6     University, or Northeastern Illinois University.
7         (3) Ministerial duties. This Section does not apply to
8     a contract for personal services of a wholly ministerial
9     character, including but not limited to services as a
10     laborer, clerk, typist, stenographer, page, bookkeeper,
11     receptionist, or telephone switchboard operator, made by a
12     spouse or minor child of an elective or appointive State
13     officer or employee or of a member of the General Assembly.
14         (4) Child and family services. This Section does not
15     apply to payments made to a member of the General Assembly,
16     a State officer or employee, his or her spouse or minor
17     child acting as a foster parent, homemaker, advocate, or
18     volunteer for or in behalf of a child or family served by
19     the Department of Children and Family Services.
20         (5) Licensed professionals. Contracts with licensed
21     professionals, provided they are competitively bid or part
22     of a reimbursement program for specific, customary goods
23     and services through the Department of Children and Family
24     Services, the Department of Human Services, the Department
25     of Public Aid, the Department of Public Health, or the
26     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 not
29 less than $1,000 nor more than $5,000.
30 (Source: P.A. 93-615, eff. 11-19-03.)
 
31     (30 ILCS 500/50-20)
32     Sec. 50-20. Exemptions. With the approval of the
33 appropriate chief procurement officer involved, the Governor,
34 or an executive ethics board or commission he or she
35 designates, may exempt named individuals from the prohibitions

 

 

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1 of Section 50-13 when, in his, her, or its judgment, the public
2 interest in having the individual in the service of the State
3 outweighs the public policy evidenced in that Section. An
4 exemption is effective only when it is filed with the Secretary
5 of State and the Comptroller within 60 days after its issuance
6 or when performance of the contract begins, whichever is
7 earlier, and includes a statement setting forth the name of the
8 individual and all the pertinent facts that would make that
9 Section applicable, setting forth the reason for the exemption,
10 and declaring the individual exempted from that Section. Notice
11 of each exemption shall be published in the Illinois
12 Procurement Bulletin.
13     A contract for which a waiver has been issued but has not
14 been filed in accordance with this Section is voidable.
15 (Source: P.A. 90-572, eff. 2-6-98.)
 
16     (30 ILCS 500/50-21 new)
17     Sec. 50-21. Bond issuances.
18     (a) A State agency shall not enter into a contract with
19 respect to the issuance of bonds or other securities by the
20 State or a State agency with any entity that uses an
21 independent consultant.
22     As used in this subsection, "independent consultant" means
23 a person used by the entity to obtain or retain securities
24 business through direct or indirect communication by the person
25 with a State official or employee on behalf of the entity when
26 the communication is undertaken by the person in exchange for
27 or with the understanding of receiving payment from the entity
28 or another person. "Independent consultant" does not include
29 (i) a finance professional employed by the entity or (ii) a
30 person whose sole basis of compensation from the entity is the
31 actual provision of legal, accounting, or engineering advice,
32 services, or assistance in connection with the securities
33 business that the entity seeks to obtain or retain.
34     (b) Each contract entered into by a State agency with
35 respect to the issuance of bonds or other securities by the

 

 

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1 State or a State agency shall include a certification by any
2 contracting party subject to the Municipal Securities
3 Rulemaking Board's Rule G-38, or a successor rule, that the
4 contracting entity is and shall remain for the duration of the
5 contract in compliance with the Rule's requirements for
6 reporting political contributions. Violation of the
7 certification makes the contract voidable by the State and
8 shall bar the awarding of a State agency contract with respect
9 to the issuance of bonds or other securities to the violator
10 for a period of 10 years after the determination of the
11 violation.
12     (c) Any entity convicted of violating the Municipal
13 Securities Rulemaking Board's Rule G-37 or Rule G-38, or any
14 successor rules, with respect to the prohibitions of those
15 rules against obtaining or retaining municipal securities
16 business and the making of political contributions or payments
17 is permanently barred from participating in any State agency
18 contract with respect to the issuance of bonds or other
19 securities.
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.