SB2988sam001 97TH GENERAL ASSEMBLY

Sen. Matt Murphy

Filed: 3/28/2012

09700SB2988sam001 LRB097 16577 HLH 68164 a

AMENDMENT TO SENATE BILL 2988

AMENDMENT NO. ______. Amend Senate Bill 2988 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by adding Section 9-8.20 as follows:

(10 ILCS 5/9-8.20 new)

Sec. 9-8.20. Prohibition on contributions by labor organizations.

(a) As used in this Section:

The terms "contract", "State contract", and "contract with a State agency" each mean any contract, as defined in Section 1-15.30 of the Illinois Procurement Code, between a labor organization and a State agency, including a collective bargaining agreement.

"Collective bargaining" means collective bargaining as defined in subsection (b) of Section 3 of the Illinois Public Labor Relations Act.

"Labor organization" means a labor organization as defined in subsection (i) of Section 3 of the Illinois Public Labor Relations Act.

"Officeholder" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer. The Governor shall be considered the officeholder responsible for negotiating or entering into all contracts by all officers and employees of, and vendors and others doing business with, executive branch State agencies under the jurisdiction of the Executive Ethics Commission and not within the jurisdiction of the Attorney General, the Secretary of State, the Comptroller, or the Treasurer.

"State agency" means and includes all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the State, created by or in accordance with the Illinois Constitution or State statute, of the executive branch of State government and does include colleges, universities, public employee retirement systems, and institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governors State University, Northeastern Illinois University, and the Illinois Board of Higher Education.

(b) Any labor organization whose contracts with State agencies, in the aggregate, annually total more than $50,000 is prohibited from making any contributions to any political committees established to promote the candidacy of (i) the officeholder responsible for negotiating or entering into the contracts or (ii) any other candidate for that office. This prohibition shall be effective for the duration of the term of office of the incumbent officeholder negotiating or entering into the contracts or for a period of 2 years following the expiration or termination of the contracts, whichever is longer.

(c) Any labor organization whose aggregate pending negotiations on State contracts total more than $50,000, or whose aggregate pending negotiations on State contracts combined with the labor organization's aggregate annual total value of State contracts exceed $50,000, is prohibited from making any contributions to any political committee established to promote the candidacy of the officeholder responsible for negotiating or entering into the contract during the period beginning on the date the negotiations are begun and ending on the day after the date the contract is entered into.

(d) For the purposes of the prohibitions under subsections (b) and (c) of this Section, (i) any contribution made to a political committee established to promote the candidacy of the Governor or a candidate for the office of Governor shall also be considered as having been made to a political committee established to promote the candidacy of the Lieutenant Governor, in the case of the Governor, or the candidate for Lieutenant Governor having filed a joint petition, or write-in declaration of intent, with the candidate for Governor, as applicable, and (ii) any contribution made to a political committee established to promote the candidacy of the Lieutenant Governor or a candidate for the office of Lieutenant Governor shall also be considered as having been made to a political committee established to promote the candidacy of the Governor, in the case of the Lieutenant Governor, or the candidate for Governor having filed a joint petition, or write-in declaration of intent, with the candidate for Lieutenant Governor, as applicable.

(e) All contracts between State agencies and a labor organization that violate subsection (b) or (c) may be declared void if the State agency determines that voiding the contract is in the best interests of the State. If a labor organization violates subsection (b) 3 or more times within a 36-month period, then all contracts between State agencies and that labor organization shall be void, and that labor organization shall not enter into any contract with any State agency for 3 years from the date of the last violation. A notice of each violation and the penalty imposed shall be published in the Illinois Register.

(f) Any political committee that has received a contribution in violation of subsection (b) or (c) shall pay an amount equal to the value of the contribution to the State no more than 30 days after notice of the violation concerning the contribution appears in the Illinois Register. Payments received by the State pursuant to this subsection shall be deposited into the General Revenue Fund.

Section 99. Effective date. This Act takes effect upon becoming law.".