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