96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2242

 

Introduced 2/20/2009, by Sen. Chris Lauzen

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/50-37

    Amends the Illinois Procurement Code. If Senate Bill 761 of the 95th General Assembly becomes law, removes the exemption for road construction projects eligible for federal funding from the definition of contracts considered for purposes of the prohibition against campaign contributions from certain State contractors and bidders. Effective immediately.


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A BILL FOR

 

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1     AN ACT concerning finance.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. If, and only if, Senate Bill 761 of the 95th
5 General Assembly becomes law, then the Illinois Procurement
6 Code is amended by changing Section 50-37 as follows:
 
7     (30 ILCS 500/50-37)
8     Sec. 50-37. Prohibition of political contributions.
9     (a) As used in this Section:
10         The terms "contract", "State contract", and "contract
11     with a State agency" each mean any contract, as defined in
12     this Code, between a business entity and a State agency let
13     or awarded pursuant to this Code. The terms "contract",
14     "State contract", and "contract with a State agency" do not
15     include cost reimbursement contracts; purchase of care
16     agreements as defined in Section 1-15.68 of this Code;
17     contracts for projects eligible for full or partial
18     federal-aid funding reimbursements authorized by the
19     Federal Highway Administration; grants, including but are
20     not limited to grants for job training or transportation;
21     and grants, loans, or tax credit agreements for economic
22     development purposes.
23         "Contribution" means a contribution as defined in

 

 

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1     Section 9-1.4 of the Election Code.
2         "Declared candidate" means a person who has filed a
3     statement of candidacy and petition for nomination or
4     election in the principal office of the State Board of
5     Elections.
6         "State agency" means and includes all boards,
7     commissions, agencies, institutions, authorities, and
8     bodies politic and corporate of the State, created by or in
9     accordance with the Illinois Constitution or State
10     statute, of the executive branch of State government and
11     does include colleges, universities, public employee
12     retirement systems, and institutions under the
13     jurisdiction of the governing boards of the University of
14     Illinois, Southern Illinois University, Illinois State
15     University, Eastern Illinois University, Northern Illinois
16     University, Western Illinois University, Chicago State
17     University, Governors State University, Northeastern
18     Illinois University, and the Illinois Board of Higher
19     Education.
20         "Officeholder" means the Governor, Lieutenant
21     Governor, Attorney General, Secretary of State,
22     Comptroller, or Treasurer. The Governor shall be
23     considered the officeholder responsible for awarding all
24     contracts by all officers and employees of, and vendors and
25     others doing business with, executive branch State
26     agencies under the jurisdiction of the Executive Ethics

 

 

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1     Commission and not within the jurisdiction of the Attorney
2     General, the Secretary of State, the Comptroller, or the
3     Treasurer.
4         "Sponsoring entity" means a sponsoring entity as
5     defined in Section 9-3 of the Election Code.
6         "Affiliated person" means (i) any person with any
7     ownership interest or distributive share of the bidding or
8     contracting business entity in excess of 7.5%, (ii)
9     executive employees of the bidding or contracting business
10     entity, and (iii) the spouse and minor children of any such
11     persons.
12         "Affiliated entity" means (i) any subsidiary of the
13     bidding or contracting business entity, (ii) any member of
14     the same unitary business group, (iii) any organization
15     recognized by the United States Internal Revenue Service as
16     a tax-exempt organization described in Section 501(c) of
17     the Internal Revenue Code of 1986 (or any successor
18     provision of federal tax law) established by the bidding or
19     contracting business entity, any affiliated entity of that
20     business entity, or any affiliated person of that business
21     entity, or (iv) any political committee for which the
22     bidding or contracting business entity, or any 501(c)
23     organization described in item (iii) related to that
24     business entity, is the sponsoring entity.
25         "Business entity" means any entity doing business for
26     profit, whether organized as a corporation, partnership,

 

 

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1     sole proprietorship, limited liability company or
2     partnership, or otherwise.
3         "Executive employee" means the President, Chairman,
4     Chief Executive Officer, or other employee with executive
5     decision-making authority over the long-term and
6     day-to-day affairs of the entity employing the employee, or
7     an employee whose compensation is determined directly, in
8     whole or in part, by the award or payment of contracts by a
9     State agency to the entity employing the employee.
10     (b) Any business entity whose contracts with State
11 agencies, in the aggregate, annually total more than $50,000,
12 and any affiliated entities or affiliated persons of such
13 business entity, are prohibited from making any contributions
14 to any political committees established to promote the
15 candidacy of (i) the officeholder responsible for awarding the
16 contracts or (ii) any other declared candidate for that office.
17 This prohibition shall be effective for the duration of the
18 term of office of the incumbent officeholder awarding the
19 contracts or for a period of 2 years following the expiration
20 or termination of the contracts, whichever is longer.
21     (c) Any business entity whose aggregate pending bids and
22 proposals on State contracts total more than $50,000, or whose
23 aggregate pending bids and proposals on State contracts
24 combined with the business entity's aggregate annual total
25 value of State contracts exceed $50,000, and any affiliated
26 entities or affiliated persons of such business entity, are

 

 

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1 prohibited from making any contributions to any political
2 committee established to promote the candidacy of the
3 officeholder responsible for awarding the contract on which the
4 business entity has submitted a bid or proposal during the
5 period beginning on the date the invitation for bids or request
6 for proposals is issued and ending on the day after the date
7 the contract is awarded.
8     (d) All contracts between State agencies and a business
9 entity that violate subsection (b) or (c) shall be voidable
10 under Section 50-60. If a business entity violates subsection
11 (b) 3 or more times within a 36-month period, then all
12 contracts between State agencies and that business entity shall
13 be void, and that business entity shall not bid or respond to
14 any invitation to bid or request for proposals from any State
15 agency or otherwise enter into any contract with any State
16 agency for 3 years from the date of the last violation. A
17 notice of each violation and the penalty imposed shall be
18 published in both the Procurement Bulletin and the Illinois
19 Register.
20     (e) Any political committee that has received a
21 contribution in violation of subsection (b) or (c) shall pay an
22 amount equal to the value of the contribution to the State no
23 more than 30 days after notice of the violation concerning the
24 contribution appears in the Illinois Register. Payments
25 received by the State pursuant to this subsection shall be
26 deposited into the general revenue fund.

 

 

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1 (Source: P.A. 95-971, eff. 1-1-09; 95SB761enr.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.