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1 | AN ACT concerning ethics.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by adding Section | ||||||||||||||||||||||||||||||||||
5 | 9-36 as follows: | ||||||||||||||||||||||||||||||||||
6 | (10 ILCS 5/9-36 new) | ||||||||||||||||||||||||||||||||||
7 | Sec. 9-36. Contributor registry. | ||||||||||||||||||||||||||||||||||
8 | (a) As used in this Section, the term "office" means the | ||||||||||||||||||||||||||||||||||
9 | office of Governor, Lieutenant Governor, Attorney General, | ||||||||||||||||||||||||||||||||||
10 | Secretary of State, State Comptroller, and State Treasurer. | ||||||||||||||||||||||||||||||||||
11 | (b) The State Board shall develop and maintain on its | ||||||||||||||||||||||||||||||||||
12 | official website a searchable database of persons and entities | ||||||||||||||||||||||||||||||||||
13 | making contributions to political committees established to | ||||||||||||||||||||||||||||||||||
14 | promote candidates for office or the candidacy of | ||||||||||||||||||||||||||||||||||
15 | officeholders. The information shall be obtained from the | ||||||||||||||||||||||||||||||||||
16 | political committees' contribution reports filed under this | ||||||||||||||||||||||||||||||||||
17 | Article and shall include the following, arranged and | ||||||||||||||||||||||||||||||||||
18 | cross-referenced by name of candidate or officeholder for whom | ||||||||||||||||||||||||||||||||||
19 | the contribution was made and by name of contributor: (i) the | ||||||||||||||||||||||||||||||||||
20 | contributor's name and mailing address; (ii) the name of the | ||||||||||||||||||||||||||||||||||
21 | candidate or officeholder for whom the contribution was made; | ||||||||||||||||||||||||||||||||||
22 | (iii) the date and amount of each contribution reported for | ||||||||||||||||||||||||||||||||||
23 | that candidate or officeholder; and (iv) the contributor's |
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1 | occupation and employer, when reported. The Board shall not | ||||||
2 | place the name of a minor child on the website. The Board shall | ||||||
3 | provide a link to all contributions made by anyone reporting | ||||||
4 | the same residential address. | ||||||
5 | (c) The State Board shall maintain each entry in the | ||||||
6 | database (i) in the case of contributions for an officeholder, | ||||||
7 | for at least 4 years after the officeholder has left office, | ||||||
8 | and (ii) in the case of a candidate not elected to office, for | ||||||
9 | at least 2 years after the general election at which the office | ||||||
10 | sought by that candidate was filled. | ||||||
11 | Section 10. The Illinois Procurement Code is amended by | ||||||
12 | changing Sections 40-45 and 40-46 and by adding Section 40-17 | ||||||
13 | as follows: | ||||||
14 | (30 ILCS 500/40-17 new) | ||||||
15 | Sec. 40-17. Prohibition against political contributors. | ||||||
16 | (a) As used in this Section: | ||||||
17 | "Affiliated entity" means (i) any subsidiary of the | ||||||
18 | business entity, (ii) any member of the same unitary | ||||||
19 | business group, (iii) any organization recognized by the | ||||||
20 | United States Internal Revenue Service as a tax-exempt | ||||||
21 | organization described in Section 501(c) of the Internal | ||||||
22 | Revenue Code of 1986 (or any successor provision of federal | ||||||
23 | tax law) established by the business entity, any affiliated | ||||||
24 | entity of that business entity, or any affiliated person of |
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1 | that business entity, or (iv) any political committee for | ||||||
2 | which the
business entity, or any 501(c) organization | ||||||
3 | described in item (iii) related to that business entity, is | ||||||
4 | the sponsoring entity. | ||||||
5 | "Affiliated person" means (i) any person with any | ||||||
6 | ownership interest or distributive share of the business | ||||||
7 | entity in excess of 7.5%, (ii) executive employees of the | ||||||
8 | business entity, and (iii) an immediate family member of | ||||||
9 | any such persons. | ||||||
10 | "Business entity" means any entity doing business for | ||||||
11 | profit, whether organized as a corporation, partnership, | ||||||
12 | sole proprietorship, limited liability company or | ||||||
13 | partnership, or otherwise. | ||||||
14 | "Executive employee" means the President, Chairman, | ||||||
15 | Chief Executive Officer, or other employee with executive | ||||||
16 | decision-making authority over the long-term and | ||||||
17 | day-to-day affairs of the entity employing the employee, or | ||||||
18 | an employee whose compensation is determined directly, in | ||||||
19 | whole or in part, by the award or payment of leases with a | ||||||
20 | State agency to the entity employing the employee. | ||||||
21 | "Contribution" means a contribution as defined in | ||||||
22 | Section 9-1.4 of the Election Code. | ||||||
23 | "Immediate family member" means: | ||||||
24 | (1) with respect to a person who is an affiliated | ||||||
25 | person because of an ownership interest or | ||||||
26 | distributive share of the business entity in excess of |
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1 | 7.5%, a spouse, minor child, adult child, parent, adult | ||||||
2 | brother, adult sister, or adult grandchild; and | ||||||
3 | (2) with respect to a person who is an affiliated | ||||||
4 | person because he or she is an executive employee, a | ||||||
5 | spouse, adult child, parent, adult brother, adult | ||||||
6 | sister, or adult grandchild. | ||||||
7 | "Officeholder" means the Governor, Lieutenant | ||||||
8 | Governor, Attorney General, Secretary of State, | ||||||
9 | Comptroller, or Treasurer. The Governor shall be | ||||||
10 | considered the officeholder responsible for awarding all | ||||||
11 | leases by all officers and employees of executive branch | ||||||
12 | State agencies under the jurisdiction of the Executive | ||||||
13 | Ethics Commission and not within the jurisdiction of the | ||||||
14 | Attorney General, the Secretary of State, the Comptroller, | ||||||
15 | or the Treasurer. | ||||||
16 | "Sponsoring entity" means a sponsoring entity as
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17 | defined in Section 9-3 of the Election Code. | ||||||
18 | "State agency" means and includes all boards, | ||||||
19 | commissions, agencies, institutions, authorities, and | ||||||
20 | bodies politic and corporate of the State, created by or in | ||||||
21 | accordance with the Illinois Constitution or State | ||||||
22 | statute, of the executive branch of State government and | ||||||
23 | does include colleges, universities, public employee | ||||||
24 | retirement systems, and institutions under the | ||||||
25 | jurisdiction of the governing boards of the University of | ||||||
26 | Illinois, Southern Illinois University, Illinois State |
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1 | University, Eastern Illinois University, Northern Illinois | ||||||
2 | University, Western Illinois University, Chicago State | ||||||
3 | University, Governors State University, Northeastern | ||||||
4 | Illinois University, and the Illinois Board of Higher | ||||||
5 | Education. | ||||||
6 | (b) A business entity is prohibited from executing a lease | ||||||
7 | of real property or capital improvement with a State agency if | ||||||
8 | the business entity or any of its affiliated entities or | ||||||
9 | affiliated persons, solely or in combination, has made any | ||||||
10 | contribution of $150 to one or more political committees | ||||||
11 | established to promote the candidacy of the officeholder | ||||||
12 | responsible for awarding the lease during the 24-month period | ||||||
13 | immediately preceding the general election at which the | ||||||
14 | officeholder was first elected or re-elected to his or her | ||||||
15 | current office and the entire term of the officeholder. | ||||||
16 | (c) Each business entity's bid or response to a request for | ||||||
17 | information for a lease with a State agency must disclose, in a | ||||||
18 | manner prescribed by each chief procurement officer by rule, | ||||||
19 | the following information: | ||||||
20 | (1) the names by which the business entity has been | ||||||
21 | known, and its mailing address for each such name, at any | ||||||
22 | time during the 24-month period immediately preceding the | ||||||
23 | general election at which the officeholder responsible for | ||||||
24 | awarding the lease was first elected or re-elected to his | ||||||
25 | or her current office; | ||||||
26 | (2) the names and mailing addresses of all of the |
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1 | business entity's affiliated entities and affiliated | ||||||
2 | persons, and descriptions of the affiliations, during the | ||||||
3 | 24-month period immediately preceding the general election | ||||||
4 | at which the officeholder responsible for awarding the | ||||||
5 | lease was first elected or re-elected to his or her current | ||||||
6 | office; and | ||||||
7 | (3) to the best of the business entity's knowledge, the | ||||||
8 | total amount of contributions made by each entity or person | ||||||
9 | listed in items (1) and (2) during the period described in | ||||||
10 | items (1) and (2) to one or more political committees | ||||||
11 | established to promote the candidacy of the officeholder | ||||||
12 | responsible for awarding the lease. | ||||||
13 | The business entity must update the information provided | ||||||
14 | under this subsection in accordance with a schedule specified | ||||||
15 | by each chief procurement officer by rule. | ||||||
16 | (d) Before awarding a lease to and before executing a lease | ||||||
17 | with a business entity, the State agency must examine the | ||||||
18 | campaign contributor database maintained by the State Board of | ||||||
19 | Elections under Section 9-36 of the Election Code to determine | ||||||
20 | whether the business entity is disqualified from participating | ||||||
21 | in the lease procurement because of contributions in violation | ||||||
22 | of this Section. | ||||||
23 | (e) Every lease executed by the State on or after the | ||||||
24 | effective date of this amendatory Act of the 95th General | ||||||
25 | Assembly shall contain (1) a certification by the business | ||||||
26 | entity that the business entity and its affiliated entities and |
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1 | affiliated persons have not made contributions in violation of | ||||||
2 | this Section and (2) a statement that the lease is voidable | ||||||
3 | under Section 50-60 for the business entity's failure to comply | ||||||
4 | with this Section. | ||||||
5 | (f) All leases between State agencies and a business entity | ||||||
6 | that violate this Section shall be voidable under Section | ||||||
7 | 50-60. If a business entity violates this Section 3 or more | ||||||
8 | times within a 36-month period, then all leases between State | ||||||
9 | agencies and that business entity shall be void, and that | ||||||
10 | business entity shall not bid or respond to any invitation to | ||||||
11 | bid, request for proposals, or request for information from any | ||||||
12 | State agency or otherwise enter into any leases with any State | ||||||
13 | agency for 3 years from the date of the last violation. A | ||||||
14 | notice of each violation and the penalty imposed shall be | ||||||
15 | published in both the Procurement Bulletin and the Illinois | ||||||
16 | Register. | ||||||
17 | (g) The disclosures and certifications required by this | ||||||
18 | Section must include the business entity's verification of | ||||||
19 | accuracy and subject the business entity to the penalties of | ||||||
20 | the laws of this State for perjury. Intentional, willful, or | ||||||
21 | material failure to disclose information required under this | ||||||
22 | Section shall render the lease, bid, proposal, or other | ||||||
23 | procurement relationship voidable by the chief procurement | ||||||
24 | officer if he or she deems it to be in the best interest of the | ||||||
25 | State. | ||||||
26 | (h) This Section applies regardless of the method of source |
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1 | selection used in awarding the lease.
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2 | (30 ILCS 500/40-45)
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3 | Sec. 40-45. Leases partially exempt from Article. A lease | ||||||
4 | entered into by the State
under Section 7.4 of the State | ||||||
5 | Property Control Act is subject to Section 40-17 of this | ||||||
6 | Article but is otherwise not subject to the
provisions of this | ||||||
7 | Article.
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8 | (Source: P.A. 93-19, eff. 6-20-03.)
| ||||||
9 | (30 ILCS 500/40-46)
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10 | Sec. 40-46. Leases partially exempt from Article. A lease | ||||||
11 | entered into under
Section 7.5 of the State Property Control | ||||||
12 | Act is subject to Section 40-17 of this Article but is | ||||||
13 | otherwise not subject to the
provisions of this Article.
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14 | (Source: P.A. 93-19, eff. 6-20-03.)
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15 | Section 15. The State Property Control Act is amended by | ||||||
16 | changing Sections 7.4 and 7.5 as follows:
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17 | (30 ILCS 605/7.4)
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18 | Sec. 7.4. James R. Thompson Center; Elgin Mental Health | ||||||
19 | Center.
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20 | (a) Notwithstanding any other
provision of this Act or any | ||||||
21 | other law to the contrary, the administrator is
authorized | ||||||
22 | under this Section to
dispose of or mortgage (i) the
James R. |
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1 | Thompson Center located in Chicago, Illinois
and (ii) the Elgin | ||||||
2 | Mental Health Center and surrounding land located at 750
S. | ||||||
3 | State
Street, Elgin, Illinois
in any of the following
ways:
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4 | (1) The administrator may sell the property
as provided | ||||||
5 | in subsection (b).
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6 | (2) The administrator may sell the property
as provided | ||||||
7 | in subsection (b), and the administrator may immediately | ||||||
8 | thereafter
enter into a
leaseback or other agreement
that
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9 | directly or indirectly gives the State a right to use, | ||||||
10 | control, and
possess the
property.
Notwithstanding any | ||||||
11 | other provision of law, a lease entered into by the
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12 | administrator
under this subdivision (a)(2) may last for | ||||||
13 | any period not exceeding 99 years.
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14 | (3) The administrator may enter into a mortgage | ||||||
15 | agreement, using the
property as collateral, to receive a | ||||||
16 | loan or a line of credit based on the
equity available in | ||||||
17 | the
property.
Any loan obtained or line of credit | ||||||
18 | established under this subdivision (a)(3)
must require | ||||||
19 | repayment in full in
20 years or less.
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20 | (b) The administrator shall obtain 3 appraisals of the real | ||||||
21 | property
transferred
under subdivision (a)(1) or (a)(2) of this | ||||||
22 | Section, one of which shall be
performed by an
appraiser | ||||||
23 | residing in the county in which the real property is located. | ||||||
24 | The
average of
these 3 appraisals, plus the costs of obtaining | ||||||
25 | the appraisals, shall represent
the fair
market value of the | ||||||
26 | real property. No property may be conveyed under
subdivision |
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1 | (a)(1)
or (a)(2) of this Section by the administrator for less | ||||||
2 | than the fair market
value. The
administrator may sell the real | ||||||
3 | property by public auction following notice of
the sale by
| ||||||
4 | publication on 3 separate days not less than 15 nor more than | ||||||
5 | 30 days prior to
the sale
in a daily newspaper having general | ||||||
6 | circulation in the county
in which
the real property is | ||||||
7 | located. If no
acceptable
offers for the real property are | ||||||
8 | received, the administrator may have new
appraisals of the
| ||||||
9 | property made. The administrator shall have all power necessary | ||||||
10 | to convey real
property
under subdivision (a)(1) or (a)(2) of | ||||||
11 | this Section.
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12 | The administrator shall have authority to order such | ||||||
13 | surveys, abstracts of
title, or
commitments for title insurance | ||||||
14 | as may, in his or her reasonable discretion, be
deemed
| ||||||
15 | necessary to demonstrate to prospective purchasers, bidders, | ||||||
16 | or mortgagees good
and
marketable title
in any property offered | ||||||
17 | for sale or mortgage under
this
Section. Unless
otherwise | ||||||
18 | specifically authorized by the General Assembly, all | ||||||
19 | conveyances of
property
made by the administrator under | ||||||
20 | subdivision (a)(1) or (a)(2) of this Section
shall be by
quit | ||||||
21 | claim deed.
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22 | (c) All moneys received from the sale or mortgage of real | ||||||
23 | property under this
Section shall be deposited into the General | ||||||
24 | Revenue Fund.
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25 | (d) The administrator is authorized to enter into any | ||||||
26 | agreements and execute
any
documents necessary to exercise the |
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1 | authority granted by this Section.
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2 | (e) Any agreement to
dispose
of or mortgage (i) the James | ||||||
3 | R. Thompson Center located in Chicago, Illinois
or (ii) the
| ||||||
4 | Elgin Mental Health Center and surrounding land located at 750 | ||||||
5 | S. State Street,
Elgin,
Illinois pursuant to the authority | ||||||
6 | granted by this Section must be entered
into no later than one | ||||||
7 | year after the effective date of this amendatory Act of
the | ||||||
8 | 93rd
General Assembly.
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9 | (f) This Section is subject to Section 40-17 of the | ||||||
10 | Illinois Procurement Code. | ||||||
11 | (Source: P.A. 93-19, eff. 6-20-03.)
| ||||||
12 | (30 ILCS 605/7.5)
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13 | Sec. 7.5. Illinois State Toll Highway Authority | ||||||
14 | headquarters.
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15 | (a) Notwithstanding any other
provision of this Act or any | ||||||
16 | other law to the contrary, the Illinois State Toll
Highway | ||||||
17 | Authority, as set forth in items (1) through
(3), is
authorized | ||||||
18 | under this Section to dispose of or mortgage the
Illinois State | ||||||
19 | Toll Highway Authority headquarters building and surrounding
| ||||||
20 | land,
located at 2700 Ogden Avenue, Downers Grove, Illinois in | ||||||
21 | any of the following
ways:
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22 | (1) The Authority may sell the property
as provided in | ||||||
23 | subsection (b).
| ||||||
24 | (2) The Authority may sell the property
as provided in | ||||||
25 | subsection (b) and
may immediately thereafter
enter into a
|
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1 | leaseback or other agreement
that
directly or indirectly | ||||||
2 | gives the State or the Authority a right to use,
control, | ||||||
3 | and
possess the
property.
Notwithstanding any other | ||||||
4 | provision of law, a lease entered into under this
| ||||||
5 | subdivision (a)(2) may last for any period not exceeding 99 | ||||||
6 | years.
| ||||||
7 | (3) The Authority may
enter into a mortgage agreement, | ||||||
8 | using the
property as collateral, to receive a loan or a | ||||||
9 | line of credit based on the
equity available in the
| ||||||
10 | property.
Any loan obtained or line of credit established | ||||||
11 | under this subdivision (a)(3)
must require repayment in | ||||||
12 | full in
20 years or less.
| ||||||
13 | (b) The Illinois State Toll Highway Authority shall obtain | ||||||
14 | 3 appraisals of
the real property
transferred
under subdivision | ||||||
15 | (a)(1) or (a)(2) of this Section, one of which shall be
| ||||||
16 | performed by an
appraiser residing in the county in which the | ||||||
17 | real property is located. The
average of
these 3 appraisals, | ||||||
18 | plus the costs of obtaining the appraisals, shall represent
the | ||||||
19 | fair
market value of the real property. No property may be | ||||||
20 | conveyed under
subdivision (a)(1)
or (a)(2) of this Section by | ||||||
21 | the Authority for less than the fair market
value. The
| ||||||
22 | Authority may sell the real property by public auction | ||||||
23 | following notice of
the sale by
publication on 3 separate days | ||||||
24 | not less than 15 nor more than 30 days prior to
the sale
in a | ||||||
25 | daily newspaper having general circulation in the county
in | ||||||
26 | which the real property is located. If no acceptable
offers for |
| |||||||
| |||||||
1 | the real property are received, the Authority may have new
| ||||||
2 | appraisals of the
property made. The Authority shall have all | ||||||
3 | power necessary to convey real
property
under subdivision | ||||||
4 | (a)(1) or (a)(2) of this Section.
| ||||||
5 | The Illinois State Toll Highway Authority shall have | ||||||
6 | authority to order such
surveys, abstracts of
title, or
| ||||||
7 | commitments for title insurance as may, in his or her | ||||||
8 | reasonable discretion, be
deemed
necessary to demonstrate to | ||||||
9 | prospective purchasers, bidders, or mortgagees good
and
| ||||||
10 | marketable title
in any property offered for sale or mortgage | ||||||
11 | under
this
Section. Unless
otherwise specifically authorized | ||||||
12 | by the General Assembly, all conveyances of
property
made by | ||||||
13 | the Authority under subdivision (a)(1) or (a)(2) of this | ||||||
14 | Section
shall be by
quit claim deed.
| ||||||
15 | (c) All moneys received from the sale or mortgage of real | ||||||
16 | property under this
Section shall be deposited into the General | ||||||
17 | Revenue Fund.
| ||||||
18 | (d) The Authority is authorized to enter into any
| ||||||
19 | agreements and execute
any
documents necessary to exercise the | ||||||
20 | authority granted by this Section.
| ||||||
21 | (e) Any agreement to dispose of or mortgage the Illinois | ||||||
22 | State Toll
Highway
Authority headquarters building and | ||||||
23 | surrounding land located at 2700 Ogden
Avenue,
Downers
Grove, | ||||||
24 | Illinois pursuant to the authority granted by this Section must | ||||||
25 | be
entered into no
later than one year after the effective date | ||||||
26 | of this amendatory Act of the 93rd
General
Assembly.
|
| |||||||
| |||||||
1 | (f) The provisions of this Section apply and control | ||||||
2 | notwithstanding any
other provision of this Act or any other | ||||||
3 | law to the contrary.
| ||||||
4 | (g) This Section is subject to Section 40-17 of the | ||||||
5 | Illinois Procurement Code. | ||||||
6 | (Source: P.A. 93-19, eff. 6-20-03.)
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|