Executive Report

Attorney General Opinions

State contracts and bribery convictions

S-1492: The Illinois Purchasing Act prohibits the state from awarding a contract to a person or business entity that has been convicted of bribery or attempted bribery (Ill. Rev. Stat. 1979, ch.127, sec. 10.1). If the state is acting as its own prime contractor, or as one for the federal government, any subcontractors hired are liable to these requirements. But, when the state hires a contractor and that contractor hires subcontractors, the subcontractors are not governed by the prime contractor's obligations to the state and therefore not subject to section 10.1. Furthermore, a corporation may not be prohibited from receiving a contract from the state merely because of its status as parent or subsidiary of a company convicted of bribery.

Group highway soliciting

S-1500: Local organizations are prohibited from soliciting contributions on public streets, and municipalities — including home rule units — have no power to enable groups to solicit. The Illinois Vehicle Code (Ill. Rev. Stat. 1979, ch.95 1/2, sec. 11-1006(c)) states that groups can solicit on state streets only if they are part of a statewide fund-raising activity, if they are at an intersection where automobiles come to a full stop, are liable for injuries and wearing high visibility vests. In addition, group members must be above sixteen years of age.

Recording public meetings

S-1501: The recording of proceedings of the board of trustees of a public library cannot be prohibited. Under the Open Meetings Act a government body cannot prevent the tape recording of a public meeting (Ill. Rev. Stat. 1979, ch.102, par. 42.05). A public body has the right to prohibit recordings only when a witness requests it, or when there is an attorney-client consultation. A meeting cannot be deemed closed under the attorney-client privilege unless litigation is pending or confidential information discussed.

30/November 1980/Illinois Issues