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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1945
Introduced 2/20/2009, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Provides that, for purposes of the prohibition against campaign contributions from certain State contractors and bidders, the public employee retirement systems to which the prohibition relates include only the State employee, State university, and downstate teacher retirement systems.
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A BILL FOR
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SB1945 |
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LRB096 09699 JAM 19860 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by |
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| changing Section 50-37 as follows: |
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| (30 ILCS 500/50-37) |
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| Sec. 50-37. Prohibition of political contributions. |
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| (a) As used in this Section: |
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| The terms "contract", "State contract", and "contract |
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| with a State agency" each mean any contract, as defined in |
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| this Code, between a business entity and a State agency let |
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| or awarded pursuant to this Code. The terms "contract", |
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| "State contract", and "contract with a State agency" do not |
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| include cost reimbursement contracts; purchase of care |
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| agreements as defined in Section 1-15.68 of this Code; |
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| grants, including but are not limited to grants for job |
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| training or transportation; and grants, loans, or tax |
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| credit agreements for economic development purposes. |
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| "Contribution" means a contribution as defined in |
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| Section 9-1.4 of the Election Code. |
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| "Declared candidate" means a person who has filed a |
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| statement of candidacy and petition for nomination or |
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| election in the principal office of the State Board of |
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SB1945 |
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LRB096 09699 JAM 19860 b |
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| Elections. |
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| "State agency" means and includes all boards, |
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| commissions, agencies, institutions, authorities, and |
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| bodies politic and corporate of the State, created by or in |
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| accordance with the Illinois Constitution or State |
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| statute, of the executive branch of State government and |
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| does include colleges, universities,
public employee |
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| retirement systems established under Article 14, 15, or 16 |
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| of the Illinois Pension Code , and institutions under the |
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| jurisdiction of the governing boards of the University of |
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| Illinois, Southern Illinois University, Illinois State |
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| University, Eastern Illinois University, Northern Illinois |
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| University, Western Illinois University, Chicago State |
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| University, Governors State University, Northeastern |
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| Illinois University, and the Illinois Board of Higher |
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| Education. |
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| "Officeholder" means the Governor, Lieutenant |
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| Governor, Attorney General, Secretary of State, |
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| Comptroller, or Treasurer. The Governor shall be |
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| considered the officeholder responsible for awarding all |
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| contracts by all officers and employees of, and vendors and |
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| others doing business with, executive branch State |
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| agencies under the jurisdiction of the Executive Ethics |
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| Commission and not within the jurisdiction of the Attorney |
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| General, the Secretary of State, the Comptroller, or the |
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| Treasurer. |
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LRB096 09699 JAM 19860 b |
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| "Sponsoring entity" means a sponsoring entity as |
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| defined in Section 9-3 of the Election Code. |
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| "Affiliated person" means (i) any person with any |
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| ownership
interest or distributive share of the bidding or |
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| contracting business entity in excess of 7.5%, (ii) |
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| executive employees of the bidding or contracting business |
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| entity, and (iii) the spouse and minor children of any such |
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| persons. |
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| "Affiliated entity" means (i) any subsidiary of the |
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| bidding or contracting business entity, (ii) any member of |
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| the same unitary business group, (iii) any organization |
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| recognized by the United States Internal Revenue Service as |
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| a tax-exempt organization described in Section 501(c) of |
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| the Internal Revenue Code of 1986 (or any successor |
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| provision of federal tax law) established by the bidding or |
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| contracting business entity, any affiliated entity of that |
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| business entity, or any affiliated person of that business |
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| entity, or (iv) any political committee for which the |
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| bidding or contracting business entity, or any 501(c) |
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| organization described in item (iii) related to that |
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| business entity, is the sponsoring entity. |
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| "Business entity" means any entity doing business for |
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| profit, whether organized as a corporation, partnership, |
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| sole proprietorship, limited liability company or |
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| partnership, or otherwise. |
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| "Executive employee" means the President, Chairman, |
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| Chief Executive Officer, or other employee with executive |
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| decision-making authority over the long-term and |
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| day-to-day affairs of the entity employing the employee, or |
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| an employee whose compensation is determined directly, in |
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| whole or in part, by the award or payment of contracts by a |
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| State agency to the entity employing the employee. |
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| (b) Any business entity whose contracts with State |
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| agencies, in the aggregate, annually total more than $50,000, |
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| and any affiliated entities or affiliated persons of such |
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| business entity, are prohibited from making any contributions |
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| to any political committees established to promote the |
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| candidacy of (i) the officeholder responsible for awarding the |
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| contracts or (ii) any other declared candidate for that office. |
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| This prohibition shall be effective for the duration of the |
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| term of office of the incumbent officeholder awarding the |
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| contracts or for a period of 2 years following the expiration |
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| or termination of the contracts, whichever is longer. |
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| (c) Any business entity whose aggregate pending bids and |
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| proposals on State contracts total more than $50,000, or whose |
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| aggregate pending bids and proposals on State contracts |
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| combined with the business entity's aggregate annual total |
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| value of State contracts exceed $50,000, and any affiliated |
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| entities or affiliated persons of such business entity, are |
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| prohibited from making any contributions to any political |
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| committee
established to promote the candidacy of the |
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| officeholder responsible for awarding the contract on which the |
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LRB096 09699 JAM 19860 b |
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| business entity has submitted a bid or proposal during the |
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| period beginning on the date the invitation for bids or request |
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| for proposals is issued and ending on the day after the date |
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| the contract is awarded. |
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| (d) All contracts between State agencies and a business |
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| entity that violate subsection (b) or (c) shall be voidable |
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| under Section 50-60. If a business entity violates subsection |
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| (b) 3 or more times within a 36-month period, then all |
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| contracts between State agencies and that business entity shall |
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| be void, and that business entity shall not bid or respond to |
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| any invitation to bid or request for proposals from any State |
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| agency or otherwise enter into any contract with any State |
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| agency for 3 years from the date of the last violation. A |
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| notice of each violation and the penalty imposed shall be |
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| published in both the Procurement Bulletin and the Illinois |
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| Register. |
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| (e) Any political committee that has received a |
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| contribution in violation of subsection (b) or (c) shall pay an |
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| amount equal to the value of the contribution to the State no |
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| more than 30 days after notice of the violation concerning the |
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| contribution appears in the Illinois Register. Payments |
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| received by the State
pursuant to this subsection shall be |
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| deposited into the general revenue
fund.
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| (Source: P.A. 95-971, eff. 1-1-09.)
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