Full Text of SB0602 94th General Assembly
SB0602sam001 94TH GENERAL ASSEMBLY
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Sen. Bill Brady
Filed: 5/13/2005
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| AMENDMENT TO SENATE BILL 602
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| AMENDMENT NO. ______. Amend Senate Bill 602 by replacing | 3 |
| everything after the enacting clause with the following:
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| "ARTICLE 1 | 5 |
| Section 1-1. Short title. This Article may be cited as the | 6 |
| Legislators' No Bid, No Contribution Act . | 7 |
| Section 1-5. Definitions. For purposes of this Article: | 8 |
| "Contract" means any contract or agreement for goods or | 9 |
| services executed by a member of the General Assembly with any | 10 |
| value, except, regardless of amount, "contract" as used in this | 11 |
| Section shall not include the following: | 12 |
| (1) contracts with State agencies or officers or other | 13 |
| political subdivisions; | 14 |
| (2) hiring of an individual as an employee or | 15 |
| independent contractor, whether pursuant to an employment | 16 |
| code or policy or by contract directly with that | 17 |
| individual; | 18 |
| (3) collective bargaining contracts; | 19 |
| (4) purchase of real estate; or | 20 |
| (5) contracts necessary to prepare for anticipated | 21 |
| litigation, enforcement actions, or investigations. | 22 |
| "Contracting entity" means an entity that may execute a | 23 |
| contract with the member of the General Assembly. |
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| "Entities and persons related to the contracting entity" | 2 |
| includes the following: | 3 |
| (1) any entity that is a parent of, or owns a | 4 |
| controlling interest in, the contracting entity; | 5 |
| (2) any entity that is a subsidiary of, or owns a | 6 |
| controlling interest in, the contracting entity; | 7 |
| (3) any State, local, or federal political committee | 8 |
| that makes or may make political contributions on behalf of | 9 |
| or at the direction of the contracting entity; and | 10 |
| (4) any persons or the spouse or children of persons | 11 |
| who (i) have an ownership or distributive income share in | 12 |
| the contracting entity that is in excess of 5%, or an | 13 |
| amount greater than 60% of the annual salary of the | 14 |
| Governor; (ii) serve as executive officers of the | 15 |
| contracting entity; (iii) are employed by the contracting | 16 |
| entity who are required to register as lobbyists under the | 17 |
| Lobbyist Registration Act; (iv) are individuals or | 18 |
| entities with whom the contracting entity is contracting | 19 |
| who are required to register as lobbyists under the | 20 |
| Lobbyist Registration Act; and (v) are employed by the | 21 |
| contracting entity who are special government agents as | 22 |
| defined in 5 ILCS 420/4A-101(l).
| 23 |
| "Competitively bid" means procurement under a process | 24 |
| substantially similar to the competitive sealed bidding | 25 |
| requirements set forth in Articles 20, 25, and 30 of the | 26 |
| Illinois Procurement Code (but does not include procurement | 27 |
| under a request-for-proposals process that is substantially | 28 |
| similar to Article 35 of the Illinois Procurement Code). | 29 |
| Section 1-10. Contracts. A member of the General Assembly | 30 |
| shall not enter into any contract that is not competitively bid | 31 |
| with a contracting entity if that contracting entity or | 32 |
| entities and persons related to the contracting entity have | 33 |
| made a political contribution to a political committee |
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| organized on behalf of or controlled by the member of the | 2 |
| General Assembly signing the contract within the 48 months | 3 |
| prior to selection of the contracting entity. No contracting | 4 |
| entity or entities and persons related to a contracting entity | 5 |
| shall make a political contribution to any political committee | 6 |
| organized on behalf of or controlled by a member of the General | 7 |
| Assembly if the contracting entity is currently a party to any | 8 |
| contract with that member of the General Assembly that was not | 9 |
| competitively bid. | 10 |
| Section 1-15. Violation. Any contract entered into in | 11 |
| violation of this Article may be declared void by the member of | 12 |
| the General Assembly who executed the contract or his or her | 13 |
| successor or by the Comptroller, with the approval of the | 14 |
| Attorney General. | 15 |
| ARTICLE 5 | 16 |
| Section 5-1. Short title. This Article may be cited as the | 17 |
| Lieutenant Governor's No Bid, No Contribution Act . | 18 |
| Section 5-5. Definitions. For purposes of this Article: | 19 |
| "Contract" means any contract or agreement for goods or | 20 |
| services executed by the office of the Lieutenant Governor with | 21 |
| any value, except, regardless of amount, "contract" as used in | 22 |
| this Section shall not include the following: | 23 |
| (1) contracts with State agencies or officers or other | 24 |
| political subdivisions; | 25 |
| (2) hiring of an individual as an employee or | 26 |
| independent contractor, whether pursuant to an employment | 27 |
| code or policy or by contract directly with that | 28 |
| individual; | 29 |
| (3) collective bargaining contracts; | 30 |
| (4) purchase of real estate; or |
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| (5) contracts necessary to prepare for anticipated | 2 |
| litigation, enforcement actions, or investigations. | 3 |
| "Contracting entity" means an entity that may execute a | 4 |
| contract with the Office of the Lieutenant Governor.
| 5 |
| "Entities and persons related to the contracting entity" | 6 |
| includes the following: | 7 |
| (1) any entity that is a parent of, or owns a | 8 |
| controlling interest in, the contracting entity; | 9 |
| (2) any entity that is a subsidiary of, or owns a | 10 |
| controlling interest in, the contracting entity; | 11 |
| (3) any State, local, or federal political committee | 12 |
| that makes or may make political contributions on behalf of | 13 |
| or at the direction of the contracting entity; | 14 |
| (4) any persons or the spouse or children of persons | 15 |
| who (i) have an ownership or distributive income share in | 16 |
| the contracting entity that is in excess of 5%, or an | 17 |
| amount greater than 60% of the annual salary of the | 18 |
| Governor; (ii) serve as executive officers of the | 19 |
| contracting entity; (iii) are employed by the contracting | 20 |
| entity who are required to register as lobbyists under the | 21 |
| Lobbyist Registration Act; (iv) are individuals or | 22 |
| entities with whom the contracting entity is contracting | 23 |
| who are required to register as lobbyists under the | 24 |
| Lobbyist Registration Act; and (v) are employed by the | 25 |
| contracting entity who are special government agents as | 26 |
| defined in 5 ILCS 420/4A-101(l).
| 27 |
| "Competitively bid" means procurement under a process | 28 |
| substantially similar to the competitive sealed bidding | 29 |
| requirements set forth in Articles 20, 25, and 30 of the | 30 |
| Illinois Procurement Code (but does not include procurement | 31 |
| under a request-for-proposals process that is substantially | 32 |
| similar to Article 35 of the Illinois Procurement Code). | 33 |
| Section 5-10. Contracts. The Office of the Lieutenant |
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| Governor shall not enter into any contract that is not | 2 |
| competitively bid with a contracting entity if that contracting | 3 |
| entity or entities and persons related to the contracting | 4 |
| entity have made a political contribution to a political | 5 |
| committee organized on behalf of or controlled by the | 6 |
| individual then serving as Lieutenant Governor within the 48 | 7 |
| months prior to selection of the contracting entity. No | 8 |
| contracting entity or entities and persons related to a | 9 |
| contracting entity shall make a political contribution to any | 10 |
| political committee organized on behalf of or controlled by the | 11 |
| individual then serving as Lieutenant Governor if the | 12 |
| contracting entity is currently a party to any contract with | 13 |
| the Office of the Lieutenant Governor awarded by the current | 14 |
| office holder that was not competitively bid. | 15 |
| Section 5-15. Violation. Any contract entered into in | 16 |
| violation of this Article may be declared void by the officer | 17 |
| who executed the contract or his or her successor or by the | 18 |
| Comptroller, with the approval of the Attorney General. | 19 |
| ARTICLE 90 | 20 |
| Section 90-2. The Election Code is amended by adding | 21 |
| Section 9-7.15 as follows: | 22 |
| (10 ILCS 5/9-7.15 new)
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| Sec. 9-7.15. Contractor contributions. | 24 |
| (a) As of the effective date of this amendatory Act of the | 25 |
| 94th General Assembly, a member of the General Assembly, a | 26 |
| State executive branch constitutional officer, a candidate for | 27 |
| the office of State executive branch constitutional officer or | 28 |
| member of the General Assembly, or a political committee | 29 |
| organized on behalf of or controlled by the office holder or | 30 |
| candidate shall not accept contributions from:
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| (1) A State contractor to whom that office holder or | 2 |
| candidate has awarded or signed a contract within the past | 3 |
| 48 months that was not competitively bid; | 4 |
| (2) Entities and persons related to a State contractor | 5 |
| to whom that office holder or candidate has awarded or | 6 |
| signed a contract within the past 48 months that was not | 7 |
| competitively bid, which shall include the following: | 8 |
| (A) any entity that is a parent of, or owns a | 9 |
| controlling interest in, the contractor, | 10 |
| (B) any entity that is a subsidiary of, or owns a | 11 |
| controlling interest in, the contractor; | 12 |
| (C) any State, local, or federal political | 13 |
| committee that makes or may make political | 14 |
| contributions on behalf of or at the direction of the | 15 |
| contractor; | 16 |
| (D) any persons or the spouse or children of | 17 |
| persons who (i) have an ownership or distributive | 18 |
| income share in the contractor that is in excess of 5%, | 19 |
| or an amount greater than 60% of the annual salary of | 20 |
| the Governor; (ii) serve as executive officers of the | 21 |
| contractor; (iii) are employed by the contractor who | 22 |
| are required to register as lobbyists under the | 23 |
| Lobbyist Registration Act; (iv) are individuals or | 24 |
| entities with whom the contractor is contracting who | 25 |
| are required to register as lobbyists under the | 26 |
| Lobbyist Registration Act; and (v) are employed by the | 27 |
| contractor who are special government agents as | 28 |
| defined in 5 ILCS 420/4A-101(l).
| 29 |
| (b) As used in this Section, "competitively bid" means | 30 |
| procurement under a process following or substantially similar | 31 |
| to the competitive sealed bidding requirements set forth in | 32 |
| Articles 20, 25, and 30 of the Illinois Procurement Code (but | 33 |
| does not include procurement under a request-for-proposals | 34 |
| process that follows or is substantially similar to Article 35 |
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| of the Illinois Procurement Code); and "State executive branch | 2 |
| constitutional officer" means the Governor, Lieutenant | 3 |
| Governor, Attorney General, Secretary of State, State | 4 |
| Comptroller, and State Treasurer.
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| Section 90-5. The State Budget Law is amended by adding | 6 |
| Section 50-25 as follows: | 7 |
| (15 ILCS 20/50-25 new)
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| Sec. 50-25. Governor's No Bid, No Contribution Contracts.
| 9 |
| (a) For purposes of this Section:
| 10 |
| "Contract" means any contract or agreement for goods or | 11 |
| services executed by the Office of the Governor, with any | 12 |
| value, except, regardless of amount, "contract" as used in this | 13 |
| Section shall not include the following: | 14 |
| (1) contracts with State agencies or officers or other | 15 |
| political subdivisions; | 16 |
| (2) hiring of an individual as an employee or | 17 |
| independent contractor, whether pursuant to an employment | 18 |
| code or policy or by contract directly with that | 19 |
| individual; | 20 |
| (3) collective bargaining contracts; | 21 |
| (4) purchase of real estate; or | 22 |
| (5) contracts necessary to prepare for anticipated | 23 |
| litigation, enforcement actions, or investigations. | 24 |
| "Contracting entity" means an entity that may execute a | 25 |
| contract with the Office of the Governor.
| 26 |
| "Entities and persons related to the contracting entity" | 27 |
| includes the following: | 28 |
| (1) any entity that is a parent of, or owns a | 29 |
| controlling interest in, the contracting entity; | 30 |
| (2) any entity that is a subsidiary of, or owns a | 31 |
| controlling interest in, the contracting entity; | 32 |
| (3) any State, local, or federal political committee |
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| that makes or may make political contributions on behalf of | 2 |
| or at the direction of the contracting entity; and | 3 |
| (4) any persons or the spouse or children of persons | 4 |
| who (i) have an ownership or distributive income share in | 5 |
| the contracting entity that is in excess of 5%, or an | 6 |
| amount greater than 60% of the annual salary of the | 7 |
| Governor; (ii) serve as executive officers of the | 8 |
| contracting entity; (iii) are employed by the contracting | 9 |
| entity who are required to register as lobbyists under the | 10 |
| Lobbyist Registration Act; (iv) are individuals or | 11 |
| entities with whom the contracting entity is contracting | 12 |
| who are required to register as lobbyists under the | 13 |
| Lobbyist Registration Act; and (v) are employed by the | 14 |
| contracting entity who are special government agents as | 15 |
| defined in 5 ILCS 420/4A-101(l).
| 16 |
| "Competitively bid" means procurement under a process | 17 |
| substantially similar to the competitive sealed bidding | 18 |
| requirements set forth in Articles 20, 25, and 30 of the | 19 |
| Illinois Procurement Code (but does not include procurement | 20 |
| under a request-for-proposals process that is substantially | 21 |
| similar to Article 35 of the Illinois Procurement Code). | 22 |
| (b) The Office of the Governor shall not enter into any | 23 |
| contract that is not competitively bid with a contracting | 24 |
| entity if that contracting entity or entities and persons | 25 |
| related to the contracting entity have made a political | 26 |
| contribution to a political committee organized on behalf of or | 27 |
| controlled by the individual then serving as Governor within | 28 |
| the 48 months prior to selection of the contracting entity. No | 29 |
| contracting entity or entities and persons related to a | 30 |
| contracting entity shall make a political contribution to any | 31 |
| political committee organized on behalf of or controlled by the | 32 |
| person then serving as Governor if the contracting entity is | 33 |
| currently a party to any contract with the Office of the | 34 |
| Governor awarded by the current office holder that was not |
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| competitively bid.
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| (c) Any contract entered into in violation of this Section | 3 |
| may be declared void by the officer who executed the contract | 4 |
| or his or her successor or by the Comptroller, with the | 5 |
| approval of the Attorney General.
| 6 |
| Section 90-10. The Attorney General Act is amended by | 7 |
| adding Section 6.10 as follows: | 8 |
| (15 ILCS 205/6.10 new)
| 9 |
| Sec. 6.10. Attorney General's No Bid, No Contribution | 10 |
| Contracts.
| 11 |
| (a) For purposes of this Section: | 12 |
| "Contract" means any contract or agreement for goods or | 13 |
| services executed by the Office of the Attorney General, with | 14 |
| any value, except, regardless of amount, "contract" as used in | 15 |
| this Section shall not include the following: | 16 |
| (1) contracts with State agencies or officers or other | 17 |
| political subdivisions; | 18 |
| (2) hiring of an individual as an employee or | 19 |
| independent contractor, whether pursuant to an employment | 20 |
| code or policy or by contract directly with that | 21 |
| individual; | 22 |
| (3) collective bargaining contracts; | 23 |
| (4) purchase of real estate; or | 24 |
| (5) contracts necessary to prepare for anticipated | 25 |
| litigation, enforcement actions or investigations.
| 26 |
| "Contracting entity" means an entity that may execute a | 27 |
| contract with the Office of the Attorney General.
| 28 |
| "Entities and persons related to the contracting entity" | 29 |
| includes the following: | 30 |
| (1) any entity that is a parent of, or owns a | 31 |
| controlling interest in, the contracting entity; | 32 |
| (2) any entity that is a subsidiary of, or owns a |
|
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| controlling interest in, the contracting entity; | 2 |
| (3) any State, local, or federal political committee | 3 |
| that makes or may make political contributions on behalf of | 4 |
| or at the direction of the contracting entity; and | 5 |
| (4) any persons or the spouse or children of persons | 6 |
| who (i) have an ownership or distributive income share in | 7 |
| the contracting entity that is in excess of 5%, or an | 8 |
| amount greater than 60% of the annual salary of the | 9 |
| Governor; (ii) serve as executive officers of the | 10 |
| contracting entity; (iii) are employed by the contracting | 11 |
| entity who are required to register as lobbyists under the | 12 |
| Lobbyist Registration Act; (iv) are individuals or | 13 |
| entities with whom the contracting entity is contracting | 14 |
| who are required to register as lobbyists under the | 15 |
| Lobbyist Registration Act; and (v) are employed by the | 16 |
| contracting entity who are special government agents as | 17 |
| defined in 5 ILCS 420/4A-101(l). | 18 |
| "Competitively bid" means procurement under a process | 19 |
| substantially similar to the competitive sealed bidding | 20 |
| requirements set forth in Articles 20, 25, and 30 of the | 21 |
| Illinois Procurement Code (but does not include procurement | 22 |
| under a request-for-proposals process that is substantially | 23 |
| similar to Article 35 of the Illinois Procurement Code).
| 24 |
| (b) The Office of the Attorney General shall not enter into | 25 |
| any contract that is not competitively bid with a contracting | 26 |
| entity if that contracting entity or entities and persons | 27 |
| related to the contracting entity have made a political | 28 |
| contribution to a political committee organized on behalf of or | 29 |
| controlled by the individual then serving as Attorney General | 30 |
| within the 48 months prior to selection of the contracting | 31 |
| entity. No contracting entity or entities and persons related | 32 |
| to a contracting entity shall make a political contribution to | 33 |
| any political committee organized on behalf of or controlled by | 34 |
| the person then serving as Attorney General if the contracting |
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| entity is currently a party to any contract with the Office of | 2 |
| the Attorney General awarded by the current office holder that | 3 |
| was not competitively bid. | 4 |
| (c) Any contract entered into in violation of this Section | 5 |
| may be declared void by the officer who executed the contract | 6 |
| or his or her successor or by the Comptroller, with the | 7 |
| approval of the Treasurer.
| 8 |
| Section 90-12. The Secretary of State Act is amended by | 9 |
| adding Section 30 as follows: | 10 |
| (15 ILCS 305/30 new)
| 11 |
| Sec. 30. Secretary of State's No Bid, No Contribution | 12 |
| Contracts.
| 13 |
| (a) For purposes of this Section: | 14 |
| "Contract" means any contract or agreement for goods or | 15 |
| services executed by the Office of the Secretary of State, with | 16 |
| any value, except, regardless of amount, "contract" as used in | 17 |
| this Section shall not include the following: | 18 |
| (1) contracts with State agencies or officers or other | 19 |
| political subdivisions; | 20 |
| (2) hiring of an individual as an employee or | 21 |
| independent contractor, whether pursuant to an employment | 22 |
| code or policy or by contract directly with that | 23 |
| individual; | 24 |
| (3) collective bargaining contracts; | 25 |
| (4) purchase of real estate; or | 26 |
| (5) contracts necessary to prepare for anticipated | 27 |
| litigation, enforcement actions, or investigations. | 28 |
| "Contracting entity" means an entity that may execute a | 29 |
| contract with the Office of the Secretary of State. | 30 |
| "Entities and persons related to the contracting entity" | 31 |
| includes the following: | 32 |
| (1) any entity that is a parent of, or owns a |
|
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|
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| controlling interest in, the contracting entity; | 2 |
| (2) any entity that is a subsidiary of, or owns a | 3 |
| controlling interest in, the contracting entity; | 4 |
| (3) any State, local, or federal political committee | 5 |
| that makes or may make political contributions on behalf of | 6 |
| or at the direction of the contracting entity; | 7 |
| (4) any persons or the spouse or children of persons | 8 |
| who (i) have an ownership or distributive income share in | 9 |
| the contracting entity that is in excess of 5%, or an | 10 |
| amount greater than 60% of the annual salary of the | 11 |
| Governor; (ii) serve as executive officers of the | 12 |
| contracting entity; (iii) are employed by the contracting | 13 |
| entity who are required to register as lobbyists under the | 14 |
| Lobbyist Registration Act; (iv) are individuals or | 15 |
| entities with whom the contracting entity is contracting | 16 |
| who are required to register as lobbyists under the | 17 |
| Lobbyist Registration Act; and (v) are employed by the | 18 |
| contracting entity who are special government agents as | 19 |
| defined in 5 ILCS 420/4A-101(l). | 20 |
| "Competitively bid" means procurement under a process | 21 |
| substantially similar to the competitive sealed bidding | 22 |
| requirements set forth in Articles 20, 25, and 30 of the | 23 |
| Illinois Procurement Code (but does not include procurement | 24 |
| under a request-for-proposals process that is substantially | 25 |
| similar to Article 35 of the Illinois Procurement Code).
| 26 |
| (b) The Office of the Secretary of State shall not enter | 27 |
| into any contract that is not competitively bid with a | 28 |
| contracting entity if that contracting entity or entities and | 29 |
| persons related to the contracting entity have made a political | 30 |
| contribution to a political committee organized on behalf of or | 31 |
| controlled by the individual then serving as Secretary of State | 32 |
| within the 48 months prior to selection of the contracting | 33 |
| entity. No contracting entity or entities and persons related | 34 |
| to a contracting entity shall make a political contribution to |
|
|
|
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| any political committee organized on behalf of or controlled by | 2 |
| the person then serving as Secretary of State if the | 3 |
| contracting entity is currently a party to any contract with | 4 |
| the Office of the Secretary of State awarded by the current | 5 |
| office holder that was not competitively bid. | 6 |
| (c) Any contract entered into in violation of this Section | 7 |
| may be declared void by the officer who executed the contract | 8 |
| or his or her successor or by the Comptroller, with the | 9 |
| approval of the Treasurer. | 10 |
| Section 90-15. The State Comptroller Act is amended by | 11 |
| adding Section 40 as follows: | 12 |
| (15 ILCS 405/40 new)
| 13 |
| Sec. 40. Comptroller's No Bid, No Contribution Contracts.
| 14 |
| (a) For purposes of this Section: | 15 |
| "Contract" means any contract or agreement for goods or | 16 |
| services executed by the Office of the Comptroller, with any | 17 |
| value, except, regardless of amount, "contract" as used in this | 18 |
| Section shall not include the following: | 19 |
| (1) contracts with State agencies or officers or other | 20 |
| political subdivisions; | 21 |
| (2) hiring of an individual as an employee or | 22 |
| independent contractor, whether pursuant to an employment | 23 |
| code or policy or by contract directly with that | 24 |
| individual; | 25 |
| (3) collective bargaining contracts; | 26 |
| (4) purchase of real estate; or | 27 |
| (5) contracts necessary to prepare for anticipated | 28 |
| litigation, enforcement actions, or investigations.
| 29 |
| "Contracting entity" means an entity that may execute a | 30 |
| contract with the Office of the Comptroller.
| 31 |
| "Entities and persons related to the contracting entity" | 32 |
| includes the following: |
|
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| (1) any entity that is a parent of, or owns a | 2 |
| controlling interest in, the contracting entity; | 3 |
| (2) any entity that is a subsidiary of, or owns a | 4 |
| controlling interest in, the contracting entity; | 5 |
| (3) any State, local, or federal political committee | 6 |
| that makes or may make political contributions on behalf of | 7 |
| or at the direction of the contracting entity; | 8 |
| (4) any persons or the spouse or children of persons | 9 |
| who (i) have an ownership or distributive income share in | 10 |
| the contracting entity that is in excess of 5%, or an | 11 |
| amount greater than 60% of the annual salary of the | 12 |
| Governor; (ii) serve as executive officers of the | 13 |
| contracting entity; (iii) are employed by the contracting | 14 |
| entity who are required to register as lobbyists under the | 15 |
| Lobbyist Registration Act; (iv) are individuals or | 16 |
| entities with whom the contracting entity is contracting | 17 |
| who are required to register as lobbyists under the | 18 |
| Lobbyist Registration Act; and (v) are employed by the | 19 |
| contracting entity who are special government agents as | 20 |
| defined in 5 ILCS 420/4A-101(l). | 21 |
| "Competitively bid" means procurement under a process | 22 |
| substantially similar to the competitive sealed bidding | 23 |
| requirements set forth in Articles 20, 25, and 30 of the | 24 |
| Illinois Procurement Code (but does not include procurement | 25 |
| under a request-for-proposals process that is substantially | 26 |
| similar to Article 35 of the Illinois Procurement Code).
| 27 |
| (b) The Office of the Comptroller shall not enter into any | 28 |
| contract that is not competitively bid with a contracting | 29 |
| entity if that contracting entity or entities and persons | 30 |
| related to the contracting entity have made a political | 31 |
| contribution to a political committee organized on behalf of or | 32 |
| controlled by the individual then serving as Comptroller within | 33 |
| the 48 months prior to selection of the contracting entity. No | 34 |
| contracting entity or entities and persons related to a |
|
|
|
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LRB094 04341 JAM 46539 a |
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| contracting entity shall make a political contribution to any | 2 |
| political committee organized on behalf of or controlled by the | 3 |
| person then serving as Comptroller if the contracting entity is | 4 |
| currently a party to any contract with the Office of the | 5 |
| Comptroller awarded by the current office holder that was not | 6 |
| competitively bid. | 7 |
| (c) Any contract entered into in violation of this Section | 8 |
| may be declared void by the officer who executed the contract | 9 |
| or his or her successor or by the Attorney General, with the | 10 |
| approval of the Treasurer.
| 11 |
| Section 90-17. The State Treasurer Act is amended by adding | 12 |
| Section 25 as follows: | 13 |
| (15 ILCS 505/25 new)
| 14 |
| Sec. 25. Treasurer's No Bid, No Contribution Contracts.
| 15 |
| (a) For purposes of this Section: | 16 |
| "Contract" means any contract or agreement for goods or | 17 |
| services executed by the Office of the Treasurer, with any | 18 |
| value, except, regardless of amount, "contract" as used in this | 19 |
| Section shall not include the following: | 20 |
| (1) contracts with State agencies or officers or other | 21 |
| political subdivisions; | 22 |
| (2) hiring of an individual as an employee or | 23 |
| independent contractor, whether pursuant to an employment code | 24 |
| or policy or by contract directly with that individual; | 25 |
| (3) collective bargaining contracts; | 26 |
| (4) purchase of real estate; or | 27 |
| (5) contracts necessary to prepare for anticipated | 28 |
| litigation, enforcement actions, or investigations. | 29 |
| "Contracting entity" means an entity that may execute a | 30 |
| contract with the Office of the Treasurer. | 31 |
| "Entities and Persons Related to the Contracting Entity" | 32 |
| includes the following:
|
|
|
|
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| 1 |
| (1) any entity that is a parent of, or owns a | 2 |
| controlling interest in, the contracting entity; | 3 |
| (2) any entity that is a subsidiary of, or owns a | 4 |
| controlling interest in, the contracting entity; | 5 |
| (3) any State, local, or federal political committee | 6 |
| that makes or may make political contributions on behalf of | 7 |
| or at the direction of the contracting entity; and | 8 |
| (4) any persons or the spouse or children of persons | 9 |
| who (i) have an ownership or distributive income share in | 10 |
| the contracting entity that is in excess of 5%, or an | 11 |
| amount greater than 60% of the annual salary of the | 12 |
| Governor; (ii) serve as executive officers of the | 13 |
| contracting entity; (iii) are employed by the contracting | 14 |
| entity who are required to register as lobbyists under the | 15 |
| Lobbyist Registration Act; (iv) are individuals or | 16 |
| entities with whom the contracting entity is contracting | 17 |
| who are required to register as lobbyists under the | 18 |
| Lobbyist Registration Act; and (v) are employed by the | 19 |
| contracting entity who are special government agents as | 20 |
| defined in 5 ILCS 420/4A-101(l). | 21 |
| "Competitively bid" means procurement under a process | 22 |
| substantially similar to the competitive sealed bidding | 23 |
| requirements set forth in Articles 20, 25, and 30 of the | 24 |
| Illinois Procurement Code (but does not include procurement | 25 |
| under a request-for-proposals process that is substantially | 26 |
| similar to Article 35 of the Illinois Procurement Code).
| 27 |
| (b) The Office of the Treasurer shall not enter into any | 28 |
| contract that is not competitively bid with a contracting | 29 |
| entity if that contracting entity or entities and persons | 30 |
| related to the contracting entity have made a political | 31 |
| contribution to a political committee organized on behalf of or | 32 |
| controlled by the individual then serving as Treasurer within | 33 |
| the 48 months prior to selection of the contracting entity. No | 34 |
| contracting entity or entities and persons related to a |
|
|
|
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| 1 |
| contracting entity shall make a political contribution to any | 2 |
| political committee organized on behalf of or controlled by the | 3 |
| person then serving as Treasurer if the contracting entity is | 4 |
| currently a party to any contract with the Office of the | 5 |
| Treasurer awarded by the current office holder that was not | 6 |
| competitively bid.
| 7 |
| (c) Any contract entered into in violation of this Section | 8 |
| may be declared void by the officer who executed the contract | 9 |
| or his or her successor or by the Comptroller, with the | 10 |
| approval of the Attorney General.
| 11 |
| Section 90-25. The Illinois Procurement Code is amended by | 12 |
| adding Section 50-37 as follows:
| 13 |
| (30 ILCS 500/50-37 new) | 14 |
| Sec. 50-37. No Bid, No Contribution Contracts.
| 15 |
| (a) For purposes of this Section: | 16 |
| "Contract" means any contract or agreement for goods or | 17 |
| services executed by a State agency, with any value, except, | 18 |
| regardless of amount, "contract" as used in this Section shall | 19 |
| not include the following: | 20 |
| (1) contracts with State agencies or officers or other | 21 |
| political subdivisions; | 22 |
| (2) hiring of an individual as an employee or | 23 |
| independent contractor, whether pursuant to an employment | 24 |
| code or policy or by contract directly with that | 25 |
| individual; | 26 |
| (3) collective bargaining contracts; | 27 |
| (4) purchase of real estate; or | 28 |
| (5) contracts necessary to prepare for anticipated | 29 |
| litigation, enforcement actions or investigations. | 30 |
| "Contracting entity" means an entity that may execute a | 31 |
| contract with the State agency.
| 32 |
| "Entities and persons related to the contracting entity" |
|
|
|
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| 1 |
| includes the following: | 2 |
| (1) any entity that is a parent of, or owns a | 3 |
| controlling interest in, the contracting entity; | 4 |
| (2) any entity that is a subsidiary of, or owns a | 5 |
| controlling interest in, the contracting entity; | 6 |
| (3) any State, local, or federal political committee | 7 |
| that makes or may make political contributions on behalf of | 8 |
| or at the direction of the contracting entity; | 9 |
| (4) any persons or the spouse or children of persons | 10 |
| who (i) have an ownership or distributive income share in | 11 |
| the contracting entity that is in excess of 5%, or an | 12 |
| amount greater than 60% of the annual salary of the | 13 |
| Governor; (ii) serve as executive officers of the | 14 |
| contracting entity; (iii) are employed by the contracting | 15 |
| entity who are required to register as lobbyists under the | 16 |
| Lobbyist Registration Act; (iv) are individuals or | 17 |
| entities with whom the contracting entity is contracting | 18 |
| who are required to register as lobbyists under the | 19 |
| Lobbyist Registration Act; and (v) are employed by the | 20 |
| contracting entity who are special government agents as | 21 |
| defined in 5 ILCS 420/4A-101(l). | 22 |
| "Competitively bid" means procurement under the | 23 |
| competitive sealed bidding requirements set forth in Articles | 24 |
| 20, 25, and 30 of the Illinois Procurement Code (but does not | 25 |
| include procurement under Article 35 of the Illinois | 26 |
| Procurement Code).
| 27 |
| (b) A State agency shall not enter into any contract that | 28 |
| is not competitively bid with a contracting entity if that | 29 |
| contracting entity or entities and persons related to the | 30 |
| contracting entity have made a political contribution to a | 31 |
| political committee organized on behalf of or controlled by the | 32 |
| individual then serving as Governor within the 48 months prior | 33 |
| to selection of the contracting entity. No contracting entity | 34 |
| or entities and persons related to a contracting entity shall |
|
|
|
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| 1 |
| make a political contribution to any political committee | 2 |
| organized on behalf of or controlled by the individual then | 3 |
| serving as Governor if the contracting entity is currently a | 4 |
| party to any contract with a State agency awarded by a State | 5 |
| agency during the term of office of the individual then serving | 6 |
| as Governor that was not competitively bid. | 7 |
| (c) Any contract entered into in violation of this Section | 8 |
| may be declared void by the officer who executed the contract | 9 |
| or his or her successor or by the Comptroller, with the | 10 |
| approval of the Attorney General.
| 11 |
| ARTICLE 99 | 12 |
| Section 99-5. Effective date. This Act takes effect upon | 13 |
| becoming law.".
|
|