a) Any
bid,
proposal,
offer of acceptance, or
proposed
contract must be reviewed for conflicts of interest pursuant to
Section 50-13 of the
Code. If a conflict is found, no
contract will be executed
unless the
CPO requests and is granted an exemption by the Executive Ethics
Commission under Section 50-20 of the
Code.
1)
Office or Employment
It is unlawful for any person holding an elective
office in this State, holding a seat in the General Assembly, or appointed to
or employed in any of the offices or agencies of State government and who
receives compensation for such employment in excess of 60% of the salary of the
Governor of the State of Illinois, or who is an officer or employee of the
Capital Development Board or the Illinois Toll Highway Authority, or who is the
spouse or minor child of any such person, to have or acquire any contract, or
any direct pecuniary interest in the contract therein, whether for stationery,
printing, paper, or any services, materials, or supplies, that will be wholly
or partially satisfied by the payment of funds appropriated by the General
Assembly of the State of Illinois or in any contract of the Capital Development
Board or the Illinois Toll Highway Authority. [30 ILCS
500/50-13(a)]
2) Financial Interests
It is unlawful for any firm, partnership,
association, or corporation, in which any person as described
in subsection (a)(1) is entitled to receive more than 71/2% of the
total distributable income or an amount in excess of the salary of the
Governor, to have or acquire any such contract or direct pecuniary interest
therein. [30 ILCS
500/50-13(b)]
3) Combined Financial Interests
It is unlawful for any firm, partnership, association
or corporation, in which any person listed in subsection (a)(1)together with
his or her spouse or minor children is entitled to receive more than 15%, in
the aggregate, of the total distributable income or an amount in excess of 2
times the salary of the Governor, to have or acquire any such contract or
direct pecuniary interest therein. [30
ILCS 500/50-13(c)]
b) For the purpose of this Part,
an individual has a direct pecuniary interest in a contract when the individual
is owed a payment or otherwise received a direct financial benefit in
conjunction with performance of a contract, including finders fees and
commission payments.
c) For the
purpose of this Part, "distributable income" means the income of a company
after payment of all expenses, including employee salary and bonus, and
retained earnings, which is distributed to those entitled to receive a share of
the income. In the case of a for-profit corporation, distributable income means
"dividends". When calculating entitlement to distributable income the
entitlement shall be determined at the end of the company's most recent fiscal
year.
d) This Section applies to
those elected to an office of Illinois State government. This Section does not
apply to those elected to local government offices, including school districts,
nor does it apply to those elected to Federal offices in this State. This
Section does not apply to contracts with licensed professionals, provided those
contracts are competitively bid.
e)
Additional exemptions to the application of this Part are listed in Section
50-13(f) of the Code.
