Elections & Campaign Reform Committee
Filed: 1/8/2009
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1 | AMENDMENT TO SENATE BILL 761
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2 | AMENDMENT NO. ______. Amend Senate Bill 761 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Section 9-35 as follows: | ||||||
6 | (10 ILCS 5/9-35)
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7 | Sec. 9-35. Registration of business entities. | ||||||
8 | (a) This Section governs the procedures for the | ||||||
9 | registration required under Section 20-160 of the Illinois | ||||||
10 | Procurement Code. | ||||||
11 | For the purposes of this Section, the terms "officeholder", | ||||||
12 | "State contract", "business entity", "State agency", | ||||||
13 | "affiliated entity", and "affiliated person" have the meanings | ||||||
14 | ascribed to those terms in Section 50-37 of the Illinois | ||||||
15 | Procurement Code. | ||||||
16 | (b) Registration under Section 20-160 of the Illinois |
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1 | Procurement Code, and any changes to that registration, must be | ||||||
2 | made electronically , and the . The State Board of Elections by | ||||||
3 | rule shall provide for electronic registration ; except that the | ||||||
4 | State Board may adopt emergency rules providing for a temporary | ||||||
5 | filing system, effective through August 1, 2009, under which | ||||||
6 | business entities must file the required registration forms | ||||||
7 | provided by the Board via e-mail attachment in a PDF file or | ||||||
8 | via another type of mail service and must receive from the | ||||||
9 | State Board registration certificates via e-mail or paper | ||||||
10 | registration certificates. The State Board shall retain the | ||||||
11 | registrations submitted by business entities via e-mail or | ||||||
12 | another type of mail service for at least 6 months following | ||||||
13 | the establishment of the electronic registration system | ||||||
14 | required by this subsection. | ||||||
15 | Each registration , which must contain substantially the | ||||||
16 | following: | ||||||
17 | (1) The name and address of the business entity. | ||||||
18 | (2) The name and address of any affiliated entity of | ||||||
19 | the business entity, including a description of the | ||||||
20 | affiliation. | ||||||
21 | (3) The name and address of any affiliated person of | ||||||
22 | the business entity, including a description of the | ||||||
23 | affiliation. | ||||||
24 | (c) The Board shall provide a certificate of registration | ||||||
25 | to the business entity. The certificate shall be electronic , | ||||||
26 | except as otherwise provided in this Section, and accessible to |
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1 | the business entity through the State Board of Elections' | ||||||
2 | website and protected by a password. Within 60 days after | ||||||
3 | establishment of the
electronic system, each business entity | ||||||
4 | that submitted a registration via e-mail attachment or paper | ||||||
5 | copy pursuant to this Section shall re-submit its registration | ||||||
6 | electronically. At the time of re-submission, the State Board | ||||||
7 | of Elections shall provide an electronic certificate of | ||||||
8 | registration to that business entity. | ||||||
9 | (d) Any business entity required to register under Section | ||||||
10 | 20-160 of the Illinois Procurement Code shall provide a copy of | ||||||
11 | the registration certificate, by first class mail or hand | ||||||
12 | delivery within 10 days after registration, to each affiliated | ||||||
13 | entity or affiliated person whose identity is required to be | ||||||
14 | disclosed. Failure to provide notice to an affiliated entity or | ||||||
15 | affiliated person is a business offense for which the business | ||||||
16 | entity is subject to a fine not to exceed $1,001. | ||||||
17 | (e) In addition to any penalty under Section 20-160 of the | ||||||
18 | Illinois Procurement Code, intentional, willful, or material | ||||||
19 | failure to disclose information required for registration is | ||||||
20 | subject to a civil penalty imposed by the State Board of | ||||||
21 | Elections. The State Board shall impose a civil penalty of | ||||||
22 | $1,000 per business day for failure to update a registration. | ||||||
23 | (f) Any business entity required to register under Section | ||||||
24 | 20-160 of the Illinois Procurement Code shall notify any | ||||||
25 | political committee to which it makes a contribution, at the | ||||||
26 | time of the contribution, that the business entity is |
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1 | registered with the State Board of Elections under Section | ||||||
2 | 20-160 of the Illinois Procurement Code. Any affiliated entity | ||||||
3 | or affiliated person of a business entity required to register | ||||||
4 | under Section 20-160 of the Illinois Procurement Code shall | ||||||
5 | notify any political committee to which it makes a contribution | ||||||
6 | that it is affiliated with a business entity registered with | ||||||
7 | the State Board of Elections under Section 20-160 of the | ||||||
8 | Illinois Procurement Code. | ||||||
9 | (g) The State Board of Elections on its official website | ||||||
10 | shall have a searchable database containing (i) all information | ||||||
11 | required to be submitted to the Board under Section 20-160 of | ||||||
12 | the Illinois Procurement Code and (ii) all reports filed under | ||||||
13 | this Article with the State Board of Elections by all political | ||||||
14 | committees. For the purposes of databases maintained by the | ||||||
15 | State Board of Elections, "searchable" means able to search by | ||||||
16 | "political committee", as defined in this Article, and by | ||||||
17 | "officeholder", "State agency", "business entity", "affiliated | ||||||
18 | entity", and "affiliated person". The Board shall not place the | ||||||
19 | name of a minor child on the website. However, the Board shall | ||||||
20 | provide a link to all contributions made by anyone reporting | ||||||
21 | the same residential address as any affiliated person. In | ||||||
22 | addition, the State Board of Elections on its official website | ||||||
23 | shall provide an electronic connection to any searchable | ||||||
24 | database of State contracts maintained by the Comptroller, | ||||||
25 | searchable by business entity. | ||||||
26 | (h) The State Board of Elections shall have rulemaking |
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1 | authority to implement this Section.
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2 | (Source: P.A. 95-971, eff. 1-1-09.) | ||||||
3 | Section 10. The Illinois Procurement Code is amended by | ||||||
4 | changing Section 50-37 as follows: | ||||||
5 | (30 ILCS 500/50-37) | ||||||
6 | Sec. 50-37. Prohibition of political contributions. | ||||||
7 | (a) As used in this Section: | ||||||
8 | The terms "contract", "State contract", and "contract | ||||||
9 | with a State agency" each mean any contract, as defined in | ||||||
10 | this Code, between a business entity and a State agency let | ||||||
11 | or awarded pursuant to this Code. The terms "contract", | ||||||
12 | "State contract", and "contract with a State agency" do not | ||||||
13 | include cost reimbursement contracts; purchase of care | ||||||
14 | agreements as defined in Section 1-15.68 of this Code; | ||||||
15 | contracts for projects eligible for full or partial | ||||||
16 | federal-aid funding reimbursements authorized by the | ||||||
17 | Federal Highway Administration; grants, including but are | ||||||
18 | not limited to grants for job training or transportation; | ||||||
19 | and grants, loans, or tax credit agreements for economic | ||||||
20 | development purposes. | ||||||
21 | "Contribution" means a contribution as defined in | ||||||
22 | Section 9-1.4 of the Election Code. | ||||||
23 | "Declared candidate" means a person who has filed a | ||||||
24 | statement of candidacy and petition for nomination or |
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1 | election in the principal office of the State Board of | ||||||
2 | Elections. | ||||||
3 | "State agency" means and includes all boards, | ||||||
4 | commissions, agencies, institutions, authorities, and | ||||||
5 | bodies politic and corporate of the State, created by or in | ||||||
6 | accordance with the Illinois Constitution or State | ||||||
7 | statute, of the executive branch of State government and | ||||||
8 | does include colleges, universities,
public employee | ||||||
9 | retirement systems, and institutions under the | ||||||
10 | jurisdiction of the governing boards of the University of | ||||||
11 | Illinois, Southern Illinois University, Illinois State | ||||||
12 | University, Eastern Illinois University, Northern Illinois | ||||||
13 | University, Western Illinois University, Chicago State | ||||||
14 | University, Governors State University, Northeastern | ||||||
15 | Illinois University, and the Illinois Board of Higher | ||||||
16 | Education. | ||||||
17 | "Officeholder" means the Governor, Lieutenant | ||||||
18 | Governor, Attorney General, Secretary of State, | ||||||
19 | Comptroller, or Treasurer. The Governor shall be | ||||||
20 | considered the officeholder responsible for awarding all | ||||||
21 | contracts by all officers and employees of, and vendors and | ||||||
22 | others doing business with, executive branch State | ||||||
23 | agencies under the jurisdiction of the Executive Ethics | ||||||
24 | Commission and not within the jurisdiction of the Attorney | ||||||
25 | General, the Secretary of State, the Comptroller, or the | ||||||
26 | Treasurer. |
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1 | "Sponsoring entity" means a sponsoring entity as | ||||||
2 | defined in Section 9-3 of the Election Code. | ||||||
3 | "Affiliated person" means (i) any person with any | ||||||
4 | ownership
interest or distributive share of the bidding or | ||||||
5 | contracting business entity in excess of 7.5%, (ii) | ||||||
6 | executive employees of the bidding or contracting business | ||||||
7 | entity, and (iii) the spouse and minor children of any such | ||||||
8 | persons. | ||||||
9 | "Affiliated entity" means (i) any subsidiary of the | ||||||
10 | bidding or contracting business entity, (ii) any member of | ||||||
11 | the same unitary business group, (iii) any organization | ||||||
12 | recognized by the United States Internal Revenue Service as | ||||||
13 | a tax-exempt organization described in Section 501(c) of | ||||||
14 | the Internal Revenue Code of 1986 (or any successor | ||||||
15 | provision of federal tax law) established by the bidding or | ||||||
16 | contracting business entity, any affiliated entity of that | ||||||
17 | business entity, or any affiliated person of that business | ||||||
18 | entity, or (iv) any political committee for which the | ||||||
19 | bidding or contracting business entity, or any 501(c) | ||||||
20 | organization described in item (iii) related to that | ||||||
21 | business entity, is the sponsoring entity. | ||||||
22 | "Business entity" means any entity doing business for | ||||||
23 | profit, whether organized as a corporation, partnership, | ||||||
24 | sole proprietorship, limited liability company or | ||||||
25 | partnership, or otherwise. | ||||||
26 | "Executive employee" means the President, Chairman, |
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1 | Chief Executive Officer, or other employee with executive | ||||||
2 | decision-making authority over the long-term and | ||||||
3 | day-to-day affairs of the entity employing the employee, or | ||||||
4 | an employee whose compensation is determined directly, in | ||||||
5 | whole or in part, by the award or payment of contracts by a | ||||||
6 | State agency to the entity employing the employee. | ||||||
7 | (b) Any business entity whose contracts with State | ||||||
8 | agencies, in the aggregate, annually total more than $50,000, | ||||||
9 | and any affiliated entities or affiliated persons of such | ||||||
10 | business entity, are prohibited from making any contributions | ||||||
11 | to any political committees established to promote the | ||||||
12 | candidacy of (i) the officeholder responsible for awarding the | ||||||
13 | contracts or (ii) any other declared candidate for that office. | ||||||
14 | This prohibition shall be effective for the duration of the | ||||||
15 | term of office of the incumbent officeholder awarding the | ||||||
16 | contracts or for a period of 2 years following the expiration | ||||||
17 | or termination of the contracts, whichever is longer. | ||||||
18 | (c) Any business entity whose aggregate pending bids and | ||||||
19 | proposals on State contracts total more than $50,000, or whose | ||||||
20 | aggregate pending bids and proposals on State contracts | ||||||
21 | combined with the business entity's aggregate annual total | ||||||
22 | value of State contracts exceed $50,000, and any affiliated | ||||||
23 | entities or affiliated persons of such business entity, are | ||||||
24 | prohibited from making any contributions to any political | ||||||
25 | committee
established to promote the candidacy of the | ||||||
26 | officeholder responsible for awarding the contract on which the |
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1 | business entity has submitted a bid or proposal during the | ||||||
2 | period beginning on the date the invitation for bids or request | ||||||
3 | for proposals is issued and ending on the day after the date | ||||||
4 | the contract is awarded. | ||||||
5 | (d) All contracts between State agencies and a business | ||||||
6 | entity that violate subsection (b) or (c) shall be voidable | ||||||
7 | under Section 50-60. If a business entity violates subsection | ||||||
8 | (b) 3 or more times within a 36-month period, then all | ||||||
9 | contracts between State agencies and that business entity shall | ||||||
10 | be void, and that business entity shall not bid or respond to | ||||||
11 | any invitation to bid or request for proposals from any State | ||||||
12 | agency or otherwise enter into any contract with any State | ||||||
13 | agency for 3 years from the date of the last violation. A | ||||||
14 | notice of each violation and the penalty imposed shall be | ||||||
15 | published in both the Procurement Bulletin and the Illinois | ||||||
16 | Register. | ||||||
17 | (e) Any political committee that has received a | ||||||
18 | contribution in violation of subsection (b) or (c) shall pay an | ||||||
19 | amount equal to the value of the contribution to the State no | ||||||
20 | more than 30 days after notice of the violation concerning the | ||||||
21 | contribution appears in the Illinois Register. Payments | ||||||
22 | received by the State
pursuant to this subsection shall be | ||||||
23 | deposited into the general revenue
fund.
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24 | (Source: P.A. 95-971, eff. 1-1-09.)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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