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1 | AN ACT concerning State government.
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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 Illinois Governmental Ethics Act is amended | ||||||||||||||||||||||||
5 | by changing Sections 4A-102 and 4A-103 and by adding Section | ||||||||||||||||||||||||
6 | 2-106 as follows: | ||||||||||||||||||||||||
7 | (5 ILCS 420/2-106 new) | ||||||||||||||||||||||||
8 | Sec. 2-106. Dual employment. No member of the General | ||||||||||||||||||||||||
9 | Assembly, during the term for which he has been elected or | ||||||||||||||||||||||||
10 | appointed, may be employed by the State, a municipality, or | ||||||||||||||||||||||||
11 | unit of local government. This prohibition does not extend to | ||||||||||||||||||||||||
12 | employment as an elected official, firefighter, police | ||||||||||||||||||||||||
13 | officer, school counselor, teacher, or university instructor. | ||||||||||||||||||||||||
14 | As used in this Section: | ||||||||||||||||||||||||
15 | "Elected official" means any individual who was | ||||||||||||||||||||||||
16 | elected to an office in an election certified by the State | ||||||||||||||||||||||||
17 | Board of Elections. | ||||||||||||||||||||||||
18 | "Firefighter" means an individual employed by a fire | ||||||||||||||||||||||||
19 | service. | ||||||||||||||||||||||||
20 | "Police officer" means an individual employed in a | ||||||||||||||||||||||||
21 | regularly constituted police department appointed and | ||||||||||||||||||||||||
22 | sworn or designated by law as a peace officer. | ||||||||||||||||||||||||
23 | "School counselor" has the meaning ascribed to it in |
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| |||||||
1 | Section 10-22.24a of the School Code. | ||||||
2 | "Teacher" means any or all school district employees | ||||||
3 | regularly required to be certified under laws relating to | ||||||
4 | the certification of teachers. | ||||||
5 | "University instructor" means any member of the | ||||||
6 | educational staff of the University of Illinois, Southern | ||||||
7 | Illinois University, Chicago State University, Eastern | ||||||
8 | Illinois University, Governors State University, Illinois | ||||||
9 | State University, Northeastern Illinois University, | ||||||
10 | Northern Illinois University, Western Illinois University, | ||||||
11 | or the Illinois Mathematics and Science Academy whose | ||||||
12 | employment is permanent and continuous or who is employed | ||||||
13 | in a position in which services are expected to be rendered | ||||||
14 | on a continuous basis for at least 4 months or one academic | ||||||
15 | term, whichever is less. | ||||||
16 | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
| ||||||
17 | Sec. 4A-102. The statement of economic interests required | ||||||
18 | by this Article
shall include the economic interests of the | ||||||
19 | person making the statement as
provided in this Section. The | ||||||
20 | interest (if constructively controlled by the
person making the | ||||||
21 | statement) of a spouse or any other party, shall be
considered | ||||||
22 | to be the same as the interest of the person making the
| ||||||
23 | statement. Campaign receipts shall not be included in this | ||||||
24 | statement.
| ||||||
25 | (a) The following interests shall be listed by all persons |
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| |||||||
1 | required to
file:
| ||||||
2 | (1) The name, address and type of practice of any | ||||||
3 | professional
organization or individual professional | ||||||
4 | practice in which the person making
the statement was an | ||||||
5 | officer, director, associate, partner or proprietor,
or | ||||||
6 | served in any advisory capacity, from which income in | ||||||
7 | excess of $1200
was derived during the preceding calendar | ||||||
8 | year;
| ||||||
9 | (2) The nature of professional services (other than | ||||||
10 | services rendered to
the unit or units of government in | ||||||
11 | relation to which the person is required
to file)
and the | ||||||
12 | nature of the entity to which they were rendered if fees | ||||||
13 | exceeding
$5,000 were received during the preceding | ||||||
14 | calendar year from the entity for
professional services | ||||||
15 | rendered by the person making the statement.
| ||||||
16 | (3) The identity (including the address or legal | ||||||
17 | description of real
estate) of any capital asset from which | ||||||
18 | a capital gain of $5,000 or more
was realized in the | ||||||
19 | preceding calendar year.
| ||||||
20 | (4) The name of any unit of government which has | ||||||
21 | employed the person
making the statement during the | ||||||
22 | preceding calendar year other than the unit
or units of | ||||||
23 | government in relation to which the person is required to | ||||||
24 | file.
| ||||||
25 | (5) The name of any entity from which a gift or gifts, | ||||||
26 | or honorarium or
honoraria, valued singly or in the |
| |||||||
| |||||||
1 | aggregate in excess of $500, was
received during the | ||||||
2 | preceding calendar year.
| ||||||
3 | (b) The following interests shall also be listed by persons | ||||||
4 | listed in
items (a) through (f) and item (l) of Section 4A-101:
| ||||||
5 | (1) The name and instrument of ownership in any entity | ||||||
6 | doing business in
the State of Illinois, in which an | ||||||
7 | ownership interest held by the person at
the date of filing | ||||||
8 | is in excess of $5,000 fair market value or from which
| ||||||
9 | dividends of in excess of $1,200 were derived during the | ||||||
10 | preceding calendar
year. (In the case of real estate, | ||||||
11 | location thereof shall be listed by
street address, or if | ||||||
12 | none, then by legal description). No time or demand
deposit | ||||||
13 | in a financial institution, nor any debt instrument need be | ||||||
14 | listed;
| ||||||
15 | (2) Except for professional service entities, the name | ||||||
16 | of any entity and
any position held therein from which | ||||||
17 | income of in excess of $1,200 was
derived during the | ||||||
18 | preceding calendar year, if the entity does business in
the | ||||||
19 | State of Illinois. No time or demand deposit in a financial
| ||||||
20 | institution, nor any debt instrument need be listed.
| ||||||
21 | (3) The identity of any compensated lobbyist with whom | ||||||
22 | the person making
the statement maintains a close economic | ||||||
23 | association, including the name of
the lobbyist and | ||||||
24 | specifying the legislative matter or matters which are the
| ||||||
25 | object of the lobbying activity, and describing the general | ||||||
26 | type of
economic activity of the client or principal on |
| |||||||
| |||||||
1 | whose behalf that person is
lobbying.
| ||||||
2 | (c) The following interests shall also be listed by persons | ||||||
3 | listed in
items (g), (h), and (i) of Section 4A-101:
| ||||||
4 | (1) The name and instrument of ownership in any entity | ||||||
5 | doing business
with a unit of local government in relation | ||||||
6 | to which the person is
required to file if the ownership | ||||||
7 | interest of the person filing is greater
than $5,000 fair | ||||||
8 | market value as of the date of filing or if dividends in
| ||||||
9 | excess of $1,200 were received from the entity during the | ||||||
10 | preceding
calendar year. (In the case of real estate, | ||||||
11 | location thereof shall be
listed by street address, or if | ||||||
12 | none, then by legal description). No time
or demand deposit | ||||||
13 | in a financial institution, nor any debt instrument need
be | ||||||
14 | listed.
| ||||||
15 | (2) Except for professional service entities, the name | ||||||
16 | of any entity and
any position held therein from which | ||||||
17 | income in excess of $1,200 was derived
during the preceding | ||||||
18 | calendar year if the entity does business with a
unit of | ||||||
19 | local government in relation to which the person is | ||||||
20 | required to
file. No time or demand deposit in a financial | ||||||
21 | institution, nor any debt
instrument need be listed.
| ||||||
22 | (3) The name of any entity and the nature of the | ||||||
23 | governmental action
requested by any entity which has | ||||||
24 | applied to a unit of local
government
in relation to which | ||||||
25 | the person must file for any license, franchise or
permit | ||||||
26 | for annexation, zoning or rezoning of real estate during |
| |||||||
| |||||||
1 | the
preceding calendar year if the ownership interest of | ||||||
2 | the person filing is
in excess of $5,000 fair market value | ||||||
3 | at the time of filing or if income or
dividends in excess | ||||||
4 | of $1,200 were received by the person filing from the
| ||||||
5 | entity during the preceding calendar year.
| ||||||
6 | (d) The following interests shall also be listed by persons | ||||||
7 | listed in item (a) of Section 4A-101: | ||||||
8 | (1) the name of each client or entity on behalf of whom | ||||||
9 | the individual filing the statement or his or her spouse | ||||||
10 | personally engaged in lobbying or a representation case in | ||||||
11 | the preceding 12 months, for which compensation in excess | ||||||
12 | of $5,000 was received by either the individual filing the | ||||||
13 | statement or his or her spouse, or by any other entity in | ||||||
14 | which the individual filing the statement or his or her | ||||||
15 | spouse was an officer, director, associate, partner, | ||||||
16 | member, proprietor, or served in an advisory capacity; | ||||||
17 | (2) the name of each client or entity that retained, | ||||||
18 | hired, or otherwise engaged an entity in which the | ||||||
19 | individual filing the statement or his or her spouse has an | ||||||
20 | ownership interest in excess of 7 1/2%, for the purpose of | ||||||
21 | lobbying or a representation case in the preceding 12 | ||||||
22 | months, for which compensation in excess of $5,000 was | ||||||
23 | received by the entity; and | ||||||
24 | (3) the name of each client or entity that retained, | ||||||
25 | hired, or otherwise engaged any entity for the purpose of | ||||||
26 | lobbying or a representation case in the preceding 12 |
| |||||||
| |||||||
1 | months, as a result of which the individual filing the | ||||||
2 | statement or his or her spouse received financial | ||||||
3 | compensation in excess of $5,000. | ||||||
4 | For each client or entity listed pursuant to this | ||||||
5 | subsection, the exact amount of compensation received from | ||||||
6 | services rendered in connection with the lobbying or | ||||||
7 | representation case listed, and the identity of the unit of | ||||||
8 | government before which such services were rendered. | ||||||
9 | As used in this subsection: | ||||||
10 | "Lobbying" means communicating with representatives of | ||||||
11 | a municipality, unit of local government, State agency, or | ||||||
12 | the General Assembly for the ultimate purpose of | ||||||
13 | influencing executive, legislative, or administrative | ||||||
14 | action. "Lobbying" does not include communications with a | ||||||
15 | State agency, a municipality, a unit of local government, | ||||||
16 | or a member of the General Assembly made in the course of a | ||||||
17 | member of the General Assembly's legislative duties. | ||||||
18 | "Representation case" means the representation of any | ||||||
19 | person, client, or principal in any matter before any State | ||||||
20 | agency, municipality, or unit of local government where the | ||||||
21 | action or non-action of the State agency, municipality, or | ||||||
22 | unit of local government involves the exercise of | ||||||
23 | discretion. For purposes of this subsection, | ||||||
24 | "representation case" does not include (i) the | ||||||
25 | professional representation of any person, client, or | ||||||
26 | principal in any matter before any court created under |
| |||||||
| |||||||
1 | Article VI of the Constitution of the State of Illinois or | ||||||
2 | any court created under Article III of the Constitution of | ||||||
3 | the United States, or (ii) inquiries for information or | ||||||
4 | other services rendered in a legislative capacity on behalf | ||||||
5 | of a constituent or other member of the public. | ||||||
6 | (Source: P.A. 92-101, eff. 1-1-02; 93-617, eff. 12-9-03.)
| ||||||
7 | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
| ||||||
8 | Sec. 4A-103. The statement of economic interests required | ||||||
9 | by this Article to be filed
with the Secretary of State shall | ||||||
10 | be filled in by
typewriting or hand printing, shall be | ||||||
11 | verified, dated, and signed by the
person making the statement | ||||||
12 | and shall contain substantially the following:
| ||||||
13 | STATEMENT OF ECONOMIC INTEREST
| ||||||
14 | (TYPE OR HAND PRINT)
| ||||||
15 | .............................................................
| ||||||
16 | (name)
| ||||||
17 | .............................................................
| ||||||
18 | (each office or position of employment for which this
statement | ||||||
19 | is filed)
| ||||||
20 | .............................................................
| ||||||
21 | (full mailing address)
| ||||||
22 | GENERAL DIRECTIONS:
| ||||||
23 | The interest (if constructively controlled by the person | ||||||
24 | making the
statement) of a spouse or any other party, shall be | ||||||
25 | considered to be the
same as the interest of the person making |
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1 | the statement.
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2 | Campaign receipts shall not be included in this statement.
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3 | If additional space is needed, please attach supplemental | |||||||||||||||||||||
4 | listing.
| |||||||||||||||||||||
5 | 1. List the name and instrument of ownership in any entity | |||||||||||||||||||||
6 | doing
business in the State of Illinois, in which the ownership | |||||||||||||||||||||
7 | interest held by
the person at the date of filing is in excess | |||||||||||||||||||||
8 | of $5,000 fair market value
or from which dividends in excess | |||||||||||||||||||||
9 | of $1,200 were derived during the
preceding calendar year. (In | |||||||||||||||||||||
10 | the case of real estate, location thereof
shall be listed by | |||||||||||||||||||||
11 | street address, or if none, then by legal description.)
No time | |||||||||||||||||||||
12 | or demand deposit in a financial institution, nor any debt
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13 | instrument need be listed.
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19 | 2. List the name, address and type of practice of any | |||||||||||||||||||||
20 | professional
organization in which the person making the | |||||||||||||||||||||
21 | statement was an officer,
director, associate, partner or | |||||||||||||||||||||
22 | proprietor or served in any advisory
capacity, from which | |||||||||||||||||||||
23 | income in excess of $1,200 was derived during the
preceding | |||||||||||||||||||||
24 | calendar year.
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3 | 3. List the nature of professional services rendered (other | ||||||||||||||||
4 | than to the
State of Illinois) to each entity from which income | ||||||||||||||||
5 | exceeding $5,000 was
received for professional services | ||||||||||||||||
6 | rendered during the preceding calendar
year by the person | ||||||||||||||||
7 | making the statement.
| ||||||||||||||||
8 | .............................................................
| ||||||||||||||||
9 | .............................................................
| ||||||||||||||||
10 | 4. List the identity (including the address or legal | ||||||||||||||||
11 | description of real
estate) of any capital asset from which a | ||||||||||||||||
12 | capital gain of $5,000 or more
was realized during the | ||||||||||||||||
13 | preceding calendar year.
| ||||||||||||||||
14 | .............................................................
| ||||||||||||||||
15 | .............................................................
| ||||||||||||||||
16 | 5. List the identity of any compensated lobbyist with whom | ||||||||||||||||
17 | the person
making the statement maintains a close economic | ||||||||||||||||
18 | association, including the
name of the lobbyist and specifying | ||||||||||||||||
19 | the legislative matter or matters which
are the object of the | ||||||||||||||||
20 | lobbying activity, and describing the general type of
economic | ||||||||||||||||
21 | activity of the client or principal on whose behalf that person | ||||||||||||||||
22 | is
lobbying.
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26 | 6. List the name of any entity doing business in the State |
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1 | of Illinois
from which income in excess of $1,200 was derived | |||||||||||||||||
2 | during the preceding
calendar year other than for professional | |||||||||||||||||
3 | services and the title or
description of any position held in | |||||||||||||||||
4 | that entity. (In the case of real
estate, location thereof | |||||||||||||||||
5 | shall be listed by street address, or if none,
then by legal | |||||||||||||||||
6 | description). No time or demand deposit in a financial
| |||||||||||||||||
7 | institution nor any debt instrument need be listed.
| |||||||||||||||||
| ||||||||||||||||||
12 | 7. List the name of any unit of government which employed | |||||||||||||||||
13 | the person
making the statement during the preceding calendar | |||||||||||||||||
14 | year other than the unit
or units
of government in relation to | |||||||||||||||||
15 | which the person is required to file.
| |||||||||||||||||
16 | .............................................................
| |||||||||||||||||
17 | .............................................................
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18 | 8. List the name of any entity from which a gift or gifts, | |||||||||||||||||
19 | or honorarium
or honoraria, valued singly or in the aggregate | |||||||||||||||||
20 | in excess of $500, was
received during the preceding calendar | |||||||||||||||||
21 | year.
| |||||||||||||||||
22 | 9. For members of the General Assembly and candidates for | |||||||||||||||||
23 | membership in the General Assembly, list the name of each | |||||||||||||||||
24 | client or entity on behalf of whom the individual filing the | |||||||||||||||||
25 | statement or his or her spouse personally engaged in lobbying | |||||||||||||||||
26 | or a representation case in the preceding 12 months, for which |
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1 | compensation in excess of $5,000 was rendered to either the | |||||||||||||||||||||
2 | individual filing the statement or his or her spouse, or to any | |||||||||||||||||||||
3 | other entity in which the individual filing the statement or | |||||||||||||||||||||
4 | his or her spouse was an officer, director, associate, partner, | |||||||||||||||||||||
5 | member, proprietor, or served in an advisory capacity. This | |||||||||||||||||||||
6 | includes the name of the unit of government before which the | |||||||||||||||||||||
7 | services were rendered, as well as the exact amount of | |||||||||||||||||||||
8 | compensation received from services rendered. | |||||||||||||||||||||
9 | For purposes of this statement, "lobbying" and | |||||||||||||||||||||
10 | "representation case" have the meanings ascribed to those terms | |||||||||||||||||||||
11 | in Section 4A-102 of the Illinois Governmental Ethics Act. | |||||||||||||||||||||
| ||||||||||||||||||||||
16 | 10. For members of the General Assembly and candidates for | |||||||||||||||||||||
17 | membership in the General Assembly, list the name of each | |||||||||||||||||||||
18 | client or entity that retained, hired, or otherwise engaged an | |||||||||||||||||||||
19 | entity in which the individual filing the statement or his or | |||||||||||||||||||||
20 | her spouse has an ownership interest in excess of 7 1/2%, for | |||||||||||||||||||||
21 | the purpose of lobbying or a representation case in the | |||||||||||||||||||||
22 | preceding 12 months, for compensation in excess of $5,000. This | |||||||||||||||||||||
23 | includes the name of the unit of government before which the | |||||||||||||||||||||
24 | services were rendered, as well as the exact amount of | |||||||||||||||||||||
25 | compensation received from services rendered. | |||||||||||||||||||||
26 | For purposes of this statement, "lobbying" and |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | "representation case" have the meanings ascribed to those terms | |||||||||||||||||||||
2 | in Section 4A-102 of the Illinois Governmental Ethics Act. | |||||||||||||||||||||
| ||||||||||||||||||||||
7 | 11. For members of the General Assembly and candidates for | |||||||||||||||||||||
8 | membership in the General Assembly, list the name of each | |||||||||||||||||||||
9 | client or entity that retained, hired, or otherwise engaged any | |||||||||||||||||||||
10 | entity for the purpose of lobbying or a representation case in | |||||||||||||||||||||
11 | the preceding 12 months, as a result of which the individual | |||||||||||||||||||||
12 | filing this statement or his or her spouse received financial | |||||||||||||||||||||
13 | compensation in excess of $5,000. This includes the name of the | |||||||||||||||||||||
14 | unit of government before which the services were rendered, as | |||||||||||||||||||||
15 | well as the exact amount of compensation received from services | |||||||||||||||||||||
16 | rendered. | |||||||||||||||||||||
17 | For purposes of this statement, "lobbying" and | |||||||||||||||||||||
18 | "representation case" have the meanings ascribed to those terms | |||||||||||||||||||||
19 | in Section 4A-102 of the Illinois Governmental Ethics Act. | |||||||||||||||||||||
| ||||||||||||||||||||||
24 | VERIFICATION:
| |||||||||||||||||||||
25 | "I declare that this statement of economic interests | |||||||||||||||||||||
26 | (including any
accompanying schedules and statements) has been |
| |||||||
| |||||||
1 | examined by me and to the
best of my knowledge and belief is a | ||||||
2 | true, correct and complete statement
of my economic interests | ||||||
3 | as required by the Illinois Governmental Ethics
Act. I | ||||||
4 | understand that the penalty for willfully filing a false or
| ||||||
5 | incomplete statement shall be a fine not to exceed $1,000 or | ||||||
6 | imprisonment
in a penal institution other than the penitentiary | ||||||
7 | not to exceed one year,
or both fine and imprisonment."
| ||||||
8 | ................ ..........................................
| ||||||
9 | (date of filing) (signature of person making the statement)
| ||||||
10 | (Source: P.A. 95-173, eff. 1-1-08.)
| ||||||
11 | Section 10. The Election Code is amended by adding Section | ||||||
12 | 9-35 as follows: | ||||||
13 | (10 ILCS 5/9-35 new)
| ||||||
14 | Sec. 9-35. Registration of business entities. | ||||||
15 | (a) This Section governs the procedures for the | ||||||
16 | registration required under Section 20-160 of the Illinois | ||||||
17 | Procurement Code. | ||||||
18 | For the purposes of this Section, the terms "officeholder", | ||||||
19 | "State contract", "business entity", "State agency", | ||||||
20 | "affiliated entity", and "affiliated person" have the meanings | ||||||
21 | ascribed to those terms in Section 50-37 of the Illinois | ||||||
22 | Procurement Code. | ||||||
23 | (b) Registration under Section 20-160 of the Illinois | ||||||
24 | Procurement Code, and any changes to that registration, must be |
| |||||||
| |||||||
1 | made electronically. The State Board of Elections by rule shall | ||||||
2 | provide for electronic registration, which must contain | ||||||
3 | substantially the following: | ||||||
4 | (1) The name and address of the business entity. | ||||||
5 | (2) The name and address of any affiliated entity of | ||||||
6 | the business entity, including a description of the | ||||||
7 | affiliation. | ||||||
8 | (3) The name and address of any affiliated person of | ||||||
9 | the business entity, including a description of the | ||||||
10 | affiliation. | ||||||
11 | (c) The Board shall provide a certificate of registration | ||||||
12 | to the business entity. The certificate shall be electronic and | ||||||
13 | accessible to the business entity through the State Board of | ||||||
14 | Elections' website and protected by a password. | ||||||
15 | (d) Any business entity required to register under Section | ||||||
16 | 20-160 of the Illinois Procurement Code shall provide a copy of | ||||||
17 | the registration certificate, by first class mail or hand | ||||||
18 | delivery within 10 days after registration, to each affiliated | ||||||
19 | entity or affiliated person whose identity is required to be | ||||||
20 | disclosed. Failure to provide notice to an affiliated entity or | ||||||
21 | affiliated person is a business offense for which the business | ||||||
22 | entity is subject to a fine not to exceed $1,001. | ||||||
23 | (e) In addition to any penalty under Section 20-160 of the | ||||||
24 | Illinois Procurement Code, intentional, willful, or material | ||||||
25 | failure to disclose information required for registration is | ||||||
26 | subject to a civil penalty imposed by the State Board of |
| |||||||
| |||||||
1 | Elections. The State Board shall impose a civil penalty of | ||||||
2 | $1,000 per business day for failure to update a registration. | ||||||
3 | (f) Any business entity required to register under Section | ||||||
4 | 20-160 of the Illinois Procurement Code shall notify any | ||||||
5 | political committee to which it makes a contribution, at the | ||||||
6 | time of the contribution, that the business entity is | ||||||
7 | registered with the State Board of Elections under Section | ||||||
8 | 20-160 of the Illinois Procurement Code. Any affiliated entity | ||||||
9 | or affiliated person of a business entity required to register | ||||||
10 | under Section 20-160 of the Illinois Procurement Code shall | ||||||
11 | notify any political committee to which it makes a contribution | ||||||
12 | that it is affiliated with a business entity registered with | ||||||
13 | the State Board of Elections under Section 20-160 of the | ||||||
14 | Illinois Procurement Code. | ||||||
15 | (g) The State Board of Elections on its official website | ||||||
16 | shall have a searchable database containing (i) all information | ||||||
17 | required to be submitted to the Board under Section 20-160 of | ||||||
18 | the Illinois Procurement Code and (ii) all reports filed under | ||||||
19 | this Article with the State Board of Elections by all political | ||||||
20 | committees. For the purposes of databases maintained by the | ||||||
21 | State Board of Elections, "searchable" means able to search by | ||||||
22 | "political committee", as defined in this Article, and by | ||||||
23 | "officeholder", "State agency", "business entity", "affiliated | ||||||
24 | entity", and "affiliated person". The Board shall not place the | ||||||
25 | name of a minor child on the website. However, the Board shall | ||||||
26 | provide a link to all contributions made by anyone reporting |
| |||||||
| |||||||
1 | the same residential address as any affiliated person. In | ||||||
2 | addition, the State Board of Elections on its official website | ||||||
3 | shall provide an electronic connection to any searchable | ||||||
4 | database of State contracts maintained by the Comptroller, | ||||||
5 | searchable by business entity. | ||||||
6 | (h) The State Board of Elections shall have rulemaking | ||||||
7 | authority to implement this Section. | ||||||
8 | Section 15. The Compensation Review Act is amended by | ||||||
9 | changing Sections 4 and 5 as follows:
| ||||||
10 | (25 ILCS 120/4) (from Ch. 63, par. 904)
| ||||||
11 | Sec. 4. Meetings of the Board; determining compensation; | ||||||
12 | public hearings;
reports. The Board shall meet as often as may | ||||||
13 | be necessary and shall
determine, upon a vote requiring
at | ||||||
14 | least 7 affirmative votes, the compensation for members of
the | ||||||
15 | General Assembly, judges, other than the county supplement,
| ||||||
16 | State's attorneys, other than the county supplement, the | ||||||
17 | elected
constitutional officers of State government, and
| ||||||
18 | certain appointed officers of State government.
| ||||||
19 | In determining the compensation for each office, the | ||||||
20 | Compensation
Review Board shall consider the following | ||||||
21 | factors:
| ||||||
22 | (a) the skill required,
| ||||||
23 | (b) the time required,
| ||||||
24 | (c) the opportunity for other earned income,
|
| |||||||
| |||||||
1 | (d) the value of public services as performed in | ||||||
2 | comparable states,
| ||||||
3 | (e) the value of such services as performed in the | ||||||
4 | private sector in
Illinois and comparable states based on | ||||||
5 | the responsibility and discretion
required in the office,
| ||||||
6 | (f) the average consumer prices commonly known as the | ||||||
7 | cost of living,
| ||||||
8 | (g) the overall compensation presently received by the | ||||||
9 | public officials
and all other benefits received,
| ||||||
10 | (h) the interests and welfare of the public and the | ||||||
11 | financial ability of
the State to meet those costs, and
| ||||||
12 | (i) such other factors, not confined to the foregoing, | ||||||
13 | which are
normally or traditionally taken into | ||||||
14 | consideration in the determination of
such compensation.
| ||||||
15 | The Board shall conduct public hearings prior to filing its
| ||||||
16 | reports report .
| ||||||
17 | At the public hearings, the Board shall allow interested | ||||||
18 | persons to present
their views and comments. The Board may | ||||||
19 | prescribe reasonable rules for
the conduct of public hearings, | ||||||
20 | to prevent undue repetition. The meetings
of the Board are | ||||||
21 | subject to the Open Meetings Act.
| ||||||
22 | The Board shall propose (i) one file an initial report with | ||||||
23 | respect to all offices and positions, except judges and State's | ||||||
24 | attorneys (known as "report A") and (ii) one report with | ||||||
25 | respect to judges and State's attorneys (known as "report B"). | ||||||
26 | The Board shall file the reports with the House of |
| |||||||
| |||||||
1 | Representatives,
the Senate, the Comptroller and the Secretary | ||||||
2 | of State . Subsequent reports
shall be filed therewith before | ||||||
3 | April 1 in each even-numbered
year . Report A shall state | ||||||
4 | thereafter stating the annual salary for all offices and | ||||||
5 | positions, except judges and State's attorneys, for which the | ||||||
6 | Board files reports. Report B shall state members of the | ||||||
7 | General Assembly,
the elected State constitutional officers | ||||||
8 | and certain appointed State officers
and compensated employees | ||||||
9 | and members of certain State departments, agencies,
boards and | ||||||
10 | commissions whose terms begin in the next calendar year; the | ||||||
11 | annual
salary for State's attorneys ; and the annual salary for | ||||||
12 | the Auditor General and
for Supreme Court, Appellate Court, | ||||||
13 | Circuit Court and Associate judges. If a the
report increases | ||||||
14 | the annual salary of judges, State's attorneys, and the
Auditor | ||||||
15 | General, such increase shall take effect when the report is | ||||||
16 | approved as soon as the time period
for disapproval or | ||||||
17 | reduction, as provided in subsection (b) of Section 5 , has
| ||||||
18 | expired .
| ||||||
19 | The salaries in a the report or as reduced by the General | ||||||
20 | Assembly, other
than for judges, State's attorneys, and the | ||||||
21 | Auditor General, shall take
effect as provided by law.
| ||||||
22 | (Source: P.A. 90-375, eff. 8-14-97; 91-798, eff. 7-9-00.)
| ||||||
23 | (25 ILCS 120/5) (from Ch. 63, par. 905)
| ||||||
24 | Sec. 5. (a) If the Board fails to recommend a change in | ||||||
25 | salary or the
General Assembly does not approve a disapproves |
| |||||||
| |||||||
1 | the report as provided in subsection (b), and a
new term for | ||||||
2 | any officer provided for in this Act begins, the salary for
the | ||||||
3 | new term shall be the same as the salary in effect when the | ||||||
4 | previous term ended.
| ||||||
5 | (b) The General Assembly may approve a disapprove the | ||||||
6 | report of the Board in
whole, or reduce it in whole | ||||||
7 | proportionately, within 30 session days after each
house of the | ||||||
8 | legislature next convenes after the report is filed, by
| ||||||
9 | adoption of a resolution by a record vote of the majority of | ||||||
10 | the members
elected in each house directed to the Board. Such | ||||||
11 | resolution shall be
binding upon the Board. A resolution may | ||||||
12 | approve or reduce no more than one report, and no more than one | ||||||
13 | resolution may be adopted by a single vote.
| ||||||
14 | For the initial report filed by the Board after this Act | ||||||
15 | takes effect,
the General Assembly may, by January 9,
1985, | ||||||
16 | disapprove the report of the Board in whole, or reduce it in | ||||||
17 | whole
proportionately, after the report is filed, by the | ||||||
18 | adoption of a resolution
by a record vote of the majority of | ||||||
19 | the members.
| ||||||
20 | (Source: P.A. 83-1177.)
| ||||||
21 | Section 20. The Illinois Procurement Code is amended by | ||||||
22 | adding Sections 20-160 and 50-37 as follows: | ||||||
23 | (30 ILCS 500/20-160 new)
| ||||||
24 | Sec. 20-160. Business entities; certification; |
| |||||||
| |||||||
1 | registration with the State Board of Elections. | ||||||
2 | (a) For purposes of this Section, the terms "business | ||||||
3 | entity", "contract", "State contract", "contract with a State | ||||||
4 | agency", "State agency", "affiliated entity", and "affiliated | ||||||
5 | person" have the meanings ascribed to those terms in Section | ||||||
6 | 50-37. | ||||||
7 | (b) Every bid submitted to and every contract executed by | ||||||
8 | the State on or after the effective date of this amendatory Act | ||||||
9 | of the 95th General Assembly shall contain (1) a certification | ||||||
10 | by the bidder or contractor that either (i) the bidder or | ||||||
11 | contractor is not required to register as a business entity | ||||||
12 | with the State Board of Elections pursuant to this Section or | ||||||
13 | (ii) the bidder or contractor has registered as a business | ||||||
14 | entity with the State Board of Elections and acknowledges a | ||||||
15 | continuing duty to update the registration and (2) a statement | ||||||
16 | that the contract is voidable under Section 50-60 for the | ||||||
17 | bidder's or contractor's failure to comply with this Section. | ||||||
18 | (c) Within 30 days after the effective date of this | ||||||
19 | amendatory Act of the 95th General Assembly, each business | ||||||
20 | entity (i) whose aggregate bids and proposals on State | ||||||
21 | contracts annually total more than $50,000, (ii) whose | ||||||
22 | aggregate bids and proposals on State contracts combined with | ||||||
23 | the business entity's aggregate annual total value of State | ||||||
24 | contracts exceed $50,000, or (iii) whose contracts with State | ||||||
25 | agencies, in the aggregate, annually total more than $50,000 | ||||||
26 | shall register with the State Board of Elections in accordance |
| |||||||
| |||||||
1 | with Section 9-35 of the Election Code. A business entity | ||||||
2 | required to register under this subsection shall submit a copy | ||||||
3 | of the certificate of registration to the applicable chief | ||||||
4 | procurement officer within 90 days after the effective date of | ||||||
5 | this amendatory Act of the 95th General Assembly. A business | ||||||
6 | entity required to register under this subsection due to item | ||||||
7 | (i) or (ii) has a continuing duty to ensure that the | ||||||
8 | registration is accurate during the period beginning on the | ||||||
9 | date of registration and ending on the day after the date the | ||||||
10 | contract is awarded; any change in information must be reported | ||||||
11 | to the State Board of Elections within 2 business days | ||||||
12 | following such change. A business entity required to register | ||||||
13 | under this subsection due to item (iii) has a continuing duty | ||||||
14 | to ensure that the registration is accurate in accordance with | ||||||
15 | subsection (f). | ||||||
16 | (d) Any business entity, not required under subsection (c) | ||||||
17 | to register within 30 days after the effective date of this | ||||||
18 | amendatory Act of the 95th General Assembly, whose aggregate | ||||||
19 | bids and proposals on State contracts annually total more than | ||||||
20 | $50,000, or whose aggregate bids and proposals on State | ||||||
21 | contracts combined with the business entity's aggregate annual | ||||||
22 | total value of State contracts exceed $50,000, shall register | ||||||
23 | with the State Board of Elections in accordance with Section | ||||||
24 | 9-35 of the Election Code prior to submitting to a State agency | ||||||
25 | the bid or proposal whose value causes the business entity to | ||||||
26 | fall within the monetary description of this subsection. A |
| |||||||
| |||||||
1 | business entity required to register under this subsection has | ||||||
2 | a continuing duty to ensure that the registration is accurate | ||||||
3 | during the period beginning on the date of registration and | ||||||
4 | ending on the day after the date the contract is awarded. Any | ||||||
5 | change in information must be reported to the State Board of | ||||||
6 | Elections within 2 business days following such change. | ||||||
7 | (e) A business entity whose contracts with State agencies, | ||||||
8 | in the aggregate, annually total more than $50,000 must | ||||||
9 | maintain its registration under this Section and has a | ||||||
10 | continuing duty to ensure that the registration is accurate for | ||||||
11 | the duration of the term of office of the incumbent | ||||||
12 | officeholder awarding the contracts or for a period of 2 years | ||||||
13 | following the expiration or termination of the contracts, | ||||||
14 | whichever is longer. Any change in information shall be | ||||||
15 | reported to the State Board of Elections within 10 days | ||||||
16 | following such change; however, if a business entity required | ||||||
17 | to register under this subsection has a pending bid or | ||||||
18 | proposal, any change in information shall be reported to the | ||||||
19 | State Board of Elections within 2 business days. | ||||||
20 | (f) A business entity's continuing duty under this Section | ||||||
21 | to ensure the accuracy of its registration includes the | ||||||
22 | requirement that the business entity notify the State Board of | ||||||
23 | Elections of any change in information, including but not | ||||||
24 | limited to changes of affiliated entities or affiliated | ||||||
25 | persons. | ||||||
26 | (g) A copy of a certificate of registration must accompany |
| |||||||
| |||||||
1 | any bid or proposal for a contract with a State agency by a | ||||||
2 | business entity required to register under this Section. A | ||||||
3 | chief procurement officer shall not accept a bid or proposal | ||||||
4 | unless the certificate is submitted to the agency with the bid | ||||||
5 | or proposal. | ||||||
6 | (h) A registration, and any changes to a registration, must | ||||||
7 | include the business entity's verification of accuracy and | ||||||
8 | subjects the business entity to the penalties of the laws of | ||||||
9 | this State for perjury. | ||||||
10 | In addition to any penalty under Section 9-35 of the | ||||||
11 | Election Code, intentional, willful, or material failure to | ||||||
12 | disclose information required for registration shall render | ||||||
13 | the contract, bid, proposal, or other procurement relationship | ||||||
14 | voidable by the chief procurement officer if he or she deems it | ||||||
15 | to be in the best interest of the State of Illinois. | ||||||
16 | (i) This Section applies regardless of the method of source | ||||||
17 | selection used in awarding the contract. | ||||||
18 | (30 ILCS 500/50-37 new) | ||||||
19 | Sec. 50-37. Prohibition of political contributions. | ||||||
20 | (a) As used in this Section: | ||||||
21 | The terms "contract", "State contract", and "contract | ||||||
22 | with a State agency" each mean any contract, as defined in | ||||||
23 | this Code, between a business entity and a State agency let | ||||||
24 | or awarded pursuant to this Code. The terms "contract", | ||||||
25 | "State contract", and "contract with a State agency" do not |
| |||||||
| |||||||
1 | include cost reimbursement contracts; purchase of care | ||||||
2 | agreements as defined in Section 1-15.68 of this Code; | ||||||
3 | grants, including but are not limited to grants for job | ||||||
4 | training or transportation; and grants, loans, or tax | ||||||
5 | credit agreements for economic development purposes. | ||||||
6 | "Contribution" means a contribution as defined in | ||||||
7 | Section 9-1.4 of the Election Code. | ||||||
8 | "Declared candidate" means a person who has filed a | ||||||
9 | statement of candidacy and petition for nomination or | ||||||
10 | election in the principal office of the State Board of | ||||||
11 | Elections. | ||||||
12 | "State agency" means and includes all boards, | ||||||
13 | commissions, agencies, institutions, authorities, and | ||||||
14 | bodies politic and corporate of the State, created by or in | ||||||
15 | accordance with the Illinois Constitution or State | ||||||
16 | statute, of the executive branch or legislative branch of | ||||||
17 | State government, and the Auditor General, and does include | ||||||
18 | colleges, universities,
public employee retirement | ||||||
19 | systems, and institutions under the jurisdiction of the | ||||||
20 | governing boards of the University of Illinois, Southern | ||||||
21 | Illinois University, Illinois State University, Eastern | ||||||
22 | Illinois University, Northern Illinois University, Western | ||||||
23 | Illinois University, Chicago State University, Governors | ||||||
24 | State University, Northeastern Illinois University, and | ||||||
25 | the Illinois Board of Higher Education. | ||||||
26 | "Officeholder" means the Governor, Lieutenant |
| |||||||
| |||||||
1 | Governor, Attorney General, Secretary of State, | ||||||
2 | Comptroller, or Treasurer. The Governor shall be | ||||||
3 | considered the officeholder responsible for awarding all | ||||||
4 | contracts by all officers and employees of, and vendors and | ||||||
5 | others doing business with, executive branch State | ||||||
6 | agencies under the jurisdiction of the Executive Ethics | ||||||
7 | Commission and not within the jurisdiction of the Attorney | ||||||
8 | General, the Secretary of State, the Comptroller, or the | ||||||
9 | Treasurer. | ||||||
10 | "Sponsoring entity" means a sponsoring entity as | ||||||
11 | defined in Section 9-3 of the Election Code. | ||||||
12 | "Affiliated person" means (i) any person with any | ||||||
13 | ownership
interest or distributive share of the bidding or | ||||||
14 | contracting business entity in excess of 7.5%, (ii) | ||||||
15 | executive employees of the bidding or contracting business | ||||||
16 | entity, and (iii) the spouse and minor children of any such | ||||||
17 | persons. | ||||||
18 | "Affiliated entity" means (i) any subsidiary of the | ||||||
19 | bidding or contracting business entity, (ii) any member of | ||||||
20 | the same unitary business group, (iii) any organization | ||||||
21 | recognized by the United States Internal Revenue Service as | ||||||
22 | a tax-exempt organization described in Section 501(c) of | ||||||
23 | the Internal Revenue Code of 1986 (or any successor | ||||||
24 | provision of federal tax law) established by the bidding or | ||||||
25 | contracting business entity, any affiliated entity of that | ||||||
26 | business entity, or any affiliated person of that business |
| |||||||
| |||||||
1 | entity, or (iv) any political committee for which the | ||||||
2 | bidding or contracting business entity, or any 501(c) | ||||||
3 | organization described in item (iii) related to that | ||||||
4 | business entity, is the sponsoring entity. | ||||||
5 | "Business entity" means any entity doing business for | ||||||
6 | profit, whether organized as a corporation, partnership, | ||||||
7 | sole proprietorship, limited liability company or | ||||||
8 | partnership, or otherwise. | ||||||
9 | "Executive employee" means the President, Chairman, | ||||||
10 | Chief Executive Officer, or other employee with executive | ||||||
11 | decision-making authority over the long-term and | ||||||
12 | day-to-day affairs of the entity employing the employee, or | ||||||
13 | an employee whose compensation is determined directly, in | ||||||
14 | whole or in part, by the award or payment of contracts by a | ||||||
15 | State agency to the entity employing the employee. | ||||||
16 | (b) Any business entity whose contracts with State | ||||||
17 | agencies, in the aggregate, annually total more than $50,000, | ||||||
18 | and any affiliated entities or affiliated persons of such | ||||||
19 | business entity, are prohibited from making any contributions | ||||||
20 | to (i) any political committees established to promote the | ||||||
21 | candidacy of an officeholder or declared candidate for that | ||||||
22 | office, (ii) any political committees established to promote | ||||||
23 | the candidacy of any member of the General Assembly or declared | ||||||
24 | candidate for membership in the General Assembly, or (iii) any | ||||||
25 | political committee of a state central committee of any | ||||||
26 | political party that is represented by an officeholder or |
| |||||||
| |||||||
1 | member of the General Assembly or a declared candidate for that | ||||||
2 | office or membership in the General Assembly. This prohibition | ||||||
3 | shall be effective for the duration of the term of the contract | ||||||
4 | and for a period of 2 years following the expiration or | ||||||
5 | termination of the contracts. | ||||||
6 | (c) Any business entity whose aggregate pending bids and | ||||||
7 | proposals on State contracts total more than $50,000, or whose | ||||||
8 | aggregate pending bids and proposals on State contracts | ||||||
9 | combined with the business entity's aggregate annual total | ||||||
10 | value of State contracts exceed $50,000, and any affiliated | ||||||
11 | entities or affiliated persons of such business entity, are | ||||||
12 | prohibited from making any contributions to (i) any political | ||||||
13 | committee established to promote the candidacy of any | ||||||
14 | officeholder or declared candidate for that office, (ii) any | ||||||
15 | political committee established to promote the candidacy of any | ||||||
16 | member of the General Assembly or declared candidate for | ||||||
17 | membership in the General Assembly, or (iii) any political | ||||||
18 | committee of a state central committee of any political party | ||||||
19 | that is represented by an officeholder or member of the General | ||||||
20 | Assembly or a declared candidate for that office or membership | ||||||
21 | in the General Assembly. This prohibition shall be effective | ||||||
22 | during the period beginning on the date the invitation for bids | ||||||
23 | or request for proposals is issued and ending on the day after | ||||||
24 | the date the contract is awarded. | ||||||
25 | (d) All contracts between State agencies and a business | ||||||
26 | entity that violate subsection (b) or (c) shall be voidable |
| |||||||
| |||||||
1 | under Section 50-60. If a business entity violates subsection | ||||||
2 | (b) 3 or more times within a 36-month period, then all | ||||||
3 | contracts between State agencies and that business entity shall | ||||||
4 | be void, and that business entity shall not bid or respond to | ||||||
5 | any invitation to bid or request for proposals from any State | ||||||
6 | agency or otherwise enter into any contract with any State | ||||||
7 | agency for 3 years from the date of the last violation. A | ||||||
8 | notice of each violation and the penalty imposed shall be | ||||||
9 | published in both the Procurement Bulletin and the Illinois | ||||||
10 | Register. | ||||||
11 | (e) Any political committee that has received a | ||||||
12 | contribution in violation of subsection (b) or (c) shall pay an | ||||||
13 | amount equal to the value of the contribution to the State no | ||||||
14 | more than 30 days after notice of the violation concerning the | ||||||
15 | contribution appears in the Illinois Register. Payments | ||||||
16 | received by the State
pursuant to this subsection shall be | ||||||
17 | deposited into the general revenue
fund. | ||||||
18 | (f) Nothing in this Section shall prohibit an individual | ||||||
19 | from making a contribution to a political committee established | ||||||
20 | to promote his or her own candidacy for office or for | ||||||
21 | membership in the General Assembly. | ||||||
22 | (g) This Section shall not apply in circumstances when it | ||||||
23 | is determined by the federal government or a court of competent | ||||||
24 | jurisdiction that its application would violate federal law or | ||||||
25 | regulation or otherwise prevent the State's receipt of federal | ||||||
26 | funds.
|
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1 | Section 97. Severability. If the provisions of this Act or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | its application to any person or circumstance is held invalid, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | the invalidity of that provision or application does not affect | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | the other provisions or applications of this Act that can be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | given effect without the invalid provision or application.
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