Full Text of SB3296 97th General Assembly
SB3296sam001 97TH GENERAL ASSEMBLY | Sen. Susan Garrett Filed: 2/27/2012
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| 1 | | AMENDMENT TO SENATE BILL 3296
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3296 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-15.107, 1-15.108, and 50-13 and by adding | 6 | | Sections 1-15.112 and 40-60 as follows: | 7 | | (30 ILCS 500/1-15.107) | 8 | | Sec. 1-15.107. Subcontract. "Subcontract" means a contract | 9 | | between a person and a person who has or is seeking a contract | 10 | | subject to this Code, pursuant to which the subcontractor | 11 | | provides to the contractor or another subcontractor some or all | 12 | | of the goods, services, property, remuneration, or other forms | 13 | | of consideration that are the subject of the primary contract | 14 | | and includes, among other things, subleases from a lessee of a | 15 | | State agency. "Subcontract" includes third party facility | 16 | | management or service contracts entered into with management or |
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| 1 | | service companies for the management, service, and maintenance | 2 | | of State-occupied, leased, or owned property.
| 3 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 4 | | for the effective date of P.A. 96-795) .) | 5 | | (30 ILCS 500/1-15.108) | 6 | | Sec. 1-15.108. Subcontractor. "Subcontractor" means a | 7 | | person or entity that enters into a contractual agreement with | 8 | | a total value of $25,000 or more with a person or entity who | 9 | | has or is seeking a contract subject to this Code pursuant to | 10 | | which the person or entity provides some or all of the goods, | 11 | | services, property, remuneration, or other forms of | 12 | | consideration that are the subject of the primary State | 13 | | contract, including subleases from a lessee of a State | 14 | | contract. "Subcontractor" includes a management or service | 15 | | company that enters into a third party facility management or | 16 | | service contract.
| 17 | | (Source: P.A. 96-920, eff. 7-1-10.) | 18 | | (30 ILCS 500/1-15.112 new) | 19 | | Sec. 1-15.112. Third party facility management or service | 20 | | contract. "Third party facility management or service | 21 | | contract" means a contract (i) entered into between a | 22 | | management or service company and the owner of a building who | 23 | | has entered into an installment purchase or lease agreement | 24 | | with the State of Illinois; (ii) authorized by the installment |
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| 1 | | purchase or lease agreement; and (iii) pursuant to which the | 2 | | management or service company provides services that include | 3 | | but are not limited to the following: | 4 | | (1) supervision and inspection of the building or | 5 | | facility; | 6 | | (2) maintaining the building or facility in a clean and | 7 | | orderly manner, including providing cleaning, painting, | 8 | | decorating, plumbing, carpentry, grounds care, heating, | 9 | | ventilating, and air conditioning services; | 10 | | (3) supervision of routine maintenance and repairs; | 11 | | (4) contracting with qualified contractors for the | 12 | | maintenance and repair or major mechanical systems and | 13 | | elevators; and | 14 | | (5) arranging for the provision of trash disposal, | 15 | | janitorial services, vermin extermination, security, and | 16 | | property and liability insurance. | 17 | | (30 ILCS 500/40-60 new) | 18 | | Sec. 40-60. Third party facility management or service | 19 | | contract fees. Fees charged under a third party facility | 20 | | management or service contract entered into by the owner of | 21 | | real property leased under this Article shall be based on the | 22 | | occupied square footage and not on the amount of the mortgage, | 23 | | installment, or rent paid by the State. | 24 | | (30 ILCS 500/50-13)
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| 1 | | Sec. 50-13. Conflicts of interest.
| 2 | | (a) Prohibition. It is unlawful for any person holding an
| 3 | | elective office in this State,
holding a seat in the General | 4 | | Assembly, or appointed to or
employed in any of the offices or
| 5 | | agencies of State government and who receives compensation for | 6 | | such employment
in excess of 60% of the salary of the Governor | 7 | | of the State of Illinois, or who
is an officer or employee of
| 8 | | the Capital Development
Board or the Illinois Toll Highway | 9 | | Authority, or who is the spouse
or minor child of any such
| 10 | | person to have or acquire any contract or subcontract , or any | 11 | | direct pecuniary
interest in any contract or subcontract | 12 | | therein,
whether for stationery, printing, paper, or any | 13 | | services,
materials, or supplies, that will be
wholly or | 14 | | partially satisfied by the payment of funds appropriated
by the | 15 | | General Assembly of
the State of Illinois or in any contract or | 16 | | subcontract of the Capital
Development Board or the Illinois | 17 | | Toll
Highway Authority.
| 18 | | (b) Interests. It is unlawful for any firm, partnership,
| 19 | | association, or corporation, in
which any person listed in | 20 | | subsection (a) is entitled to receive (i) more than
7 1/2% of | 21 | | the total
distributable income or (ii) an amount in excess of | 22 | | the salary of the Governor,
to have or acquire any
such | 23 | | contract or subcontract or direct pecuniary interest therein.
| 24 | | (c) Combined interests. It is unlawful for any firm, | 25 | | partnership,
association, or corporation, in which any person | 26 | | listed in subsection (a)
together with his or her spouse or |
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| 1 | | minor children is entitled to receive (i)
more than 15%, in the | 2 | | aggregate, of the total distributable income or (ii) an
amount | 3 | | in excess of 2 times the salary of the Governor, to have or | 4 | | acquire any
such contract or subcontract or direct pecuniary | 5 | | interest therein.
| 6 | | (c-5) Appointees and firms. In addition to any provisions | 7 | | of this Code,
the interests of certain
appointees and their | 8 | | firms are subject to Section 3A-35 of the Illinois
Governmental | 9 | | Ethics Act.
| 10 | | (d) Securities. Nothing in this Section invalidates the
| 11 | | provisions of any bond or other
security previously offered or | 12 | | to be offered for sale or sold by
or for the State of Illinois.
| 13 | | (e) Prior interests. This Section does not affect the
| 14 | | validity of any contract made
between the State and an officer | 15 | | or employee of the State or
member of the General Assembly,
his | 16 | | or her spouse, minor child, or other immediate family member | 17 | | living in
his or her residence or any
combination of those | 18 | | persons or any subcontract made under this Code by one or any | 19 | | combination of those persons
if that contract or subcontract | 20 | | was in
existence before his or her election or employment as an | 21 | | officer,
member, or employee. The
contract or subcontract is | 22 | | voidable, however, if it cannot be completed within 365
days | 23 | | after the officer, member,
or employee takes office or is | 24 | | employed.
| 25 | | (f) Exceptions.
| 26 | | (1) Public aid payments. This Section does not apply
to |
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| 1 | | payments made for a
public aid recipient.
| 2 | | (2) Teaching. This Section does not apply to a
contract | 3 | | for personal services as
a teacher or school administrator | 4 | | between a member of the General
Assembly or his or her
| 5 | | spouse, or a State officer or employee or his or her | 6 | | spouse, and
any school district, public community college | 7 | | district, the University of
Illinois, Southern Illinois | 8 | | University, Illinois State University, Eastern
Illinois | 9 | | University, Northern Illinois University, Western Illinois | 10 | | University,
Chicago State University, Governor State | 11 | | University, or Northeastern Illinois
University.
| 12 | | (3) Ministerial duties. This Section does not apply to
| 13 | | a contract for personal
services of a wholly ministerial | 14 | | character, including but not
limited to services as a | 15 | | laborer, clerk,
typist, stenographer, page, bookkeeper, | 16 | | receptionist, or telephone
switchboard operator, made
by a | 17 | | spouse or minor child of an elective or appointive State
| 18 | | officer or employee or of a member
of the General Assembly.
| 19 | | (4) Child and family services. This Section does not
| 20 | | apply to payments made
to a member of the General Assembly, | 21 | | a State officer or employee,
his or her spouse or minor
| 22 | | child acting as a foster parent, homemaker, advocate, or | 23 | | volunteer
for or in behalf of a child or
family served by | 24 | | the Department of Children and Family Services.
| 25 | | (5) Licensed professionals. Contracts with licensed | 26 | | professionals,
provided they are competitively bid or part |
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| 1 | | of a reimbursement program for
specific, customary goods | 2 | | and services through the Department of Children and
Family | 3 | | Services, the Department of Human Services,
the Department | 4 | | of Healthcare and Family Services, the Department of Public | 5 | | Health, or
the Department on Aging.
| 6 | | (g) Penalty. A person convicted of a violation of this | 7 | | Section is guilty of
a business offense and shall be fined not | 8 | | less than $1,000 nor more than
$5,000.
| 9 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2013.".
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