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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,
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3 | represented in the General Assembly:
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4 | Section 5. If and only if House Bill 723 of the 96th | ||||||
5 | General Assembly becomes law, the Election Code is amended by | ||||||
6 | changing Section 7-61 as follows:
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7 | (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
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8 | Sec. 7-61. Whenever a special election is necessary the | ||||||
9 | provisions of
this Article are applicable to the nomination of | ||||||
10 | candidates to be voted
for at such special election.
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11 | In cases where a primary election is required the officer | ||||||
12 | or board or
commission whose duty it is under the provisions of | ||||||
13 | this Act relating to
general elections to call an election, | ||||||
14 | shall fix a date for the primary
for the nomination of | ||||||
15 | candidates to be voted for at such special
election. Notice of | ||||||
16 | such primary shall be given at least 15 days prior
to the | ||||||
17 | maximum time provided for the filing of petitions for such a
| ||||||
18 | primary as provided in Section 7-12.
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19 | Any vacancy in nomination under the provisions of this | ||||||
20 | Article 7
occurring on or after the primary and prior to | ||||||
21 | certification of
candidates by the certifying board or officer, | ||||||
22 | must be filled prior to the
date of certification. Any vacancy | ||||||
23 | in nomination occurring after certification
but prior to 15 |
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1 | days before the general election shall be filled within 8 days
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2 | after the event creating the vacancy. The resolution filling | ||||||
3 | the vacancy shall
be sent by U. S. mail or personal delivery to | ||||||
4 | the certifying officer or board
within 3 days of the action by | ||||||
5 | which the vacancy was filled; provided, if such
resolution is | ||||||
6 | sent by mail and the U. S. postmark on the envelope containing
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7 | such resolution is dated prior to the expiration of such 3 day | ||||||
8 | limit, the
resolution shall be deemed filed within such 3 day | ||||||
9 | limit. Failure to so
transmit the resolution within the time | ||||||
10 | specified in this Section shall
authorize the certifying | ||||||
11 | officer or board to certify the original candidate.
Vacancies | ||||||
12 | shall be filled by the officers of a local municipal or | ||||||
13 | township
political party as specified in subsection (h) of | ||||||
14 | Section 7-8, other than a
statewide political party, that is | ||||||
15 | established only within a municipality or
township and the | ||||||
16 | managing committee (or legislative committee in case of a
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17 | candidate for State Senator or representative committee in the | ||||||
18 | case of a
candidate for State Representative in the General | ||||||
19 | Assembly or State central committee in the case of a candidate | ||||||
20 | for statewide office, including but not limited to the office | ||||||
21 | of United States Senator) of the respective
political party for | ||||||
22 | the territorial area in which such vacancy occurs.
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23 | The resolution to fill a vacancy in nomination shall be | ||||||
24 | duly
acknowledged before an officer qualified to take | ||||||
25 | acknowledgements of deeds
and shall include, upon its face, the | ||||||
26 | following information:
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1 | (a) the name of the original nominee and the office | ||||||
2 | vacated;
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3 | (b) the date on which the vacancy occurred;
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4 | (c) the name and address of the nominee selected to fill | ||||||
5 | the vacancy and
the date of selection.
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6 | The resolution to fill a vacancy in nomination shall be | ||||||
7 | accompanied by a
Statement of Candidacy, as prescribed in | ||||||
8 | Section 7-10, completed by the
selected nominee and a receipt | ||||||
9 | indicating that such nominee has filed a
statement of economic | ||||||
10 | interests as required by the Illinois Governmental
Ethics Act.
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11 | The provisions of Section 10-8 through 10-10.1 relating to | ||||||
12 | objections to
certificates of nomination and nomination | ||||||
13 | papers, hearings on objections,
and judicial review, shall | ||||||
14 | apply to and govern objections to resolutions
for filling a | ||||||
15 | vacancy in nomination.
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16 | Any vacancy in nomination occurring 15 days or less before | ||||||
17 | the consolidated
election or the general election shall not be | ||||||
18 | filled. In this event, the
certification of the original | ||||||
19 | candidate shall stand and his name shall
appear on the official | ||||||
20 | ballot to be voted at the general election.
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21 | A vacancy in nomination occurs when a candidate who has | ||||||
22 | been
nominated under the provisions of this Article 7 dies | ||||||
23 | before the
election (whether death occurs prior to, on or after | ||||||
24 | the day of the
primary), or declines the nomination; provided | ||||||
25 | that nominations may
become vacant for other reasons.
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26 | If the name of no established political party candidate was |
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1 | printed on
the consolidated primary ballot for a particular | ||||||
2 | office
and if no person was nominated as a write-in candidate | ||||||
3 | for such office,
a vacancy in nomination shall be created which | ||||||
4 | may be filled in accordance
with the requirements of this | ||||||
5 | Section. If the name of no established political
party | ||||||
6 | candidate was printed on the general primary ballot for a | ||||||
7 | particular
office and if no person was nominated as a write-in | ||||||
8 | candidate for such office,
a vacancy in nomination shall be | ||||||
9 | filled only by a person designated by the appropriate committee | ||||||
10 | of the political party and only if that designated person files | ||||||
11 | nominating petitions with the number of signatures required for | ||||||
12 | an established party candidate for that office within 75 days | ||||||
13 | after the day of the general primary. The circulation period | ||||||
14 | for those petitions begins on the day the appropriate committee | ||||||
15 | designates that person. The person shall file his or her | ||||||
16 | nominating petitions, statements of candidacy, notice of | ||||||
17 | appointment by the appropriate committee, and receipt of filing | ||||||
18 | his or her statement of economic interests together. These | ||||||
19 | documents shall be filed at the same location as provided in | ||||||
20 | Section 7-12. The electoral boards having jurisdiction under | ||||||
21 | Section 10-9 to hear and pass upon objections to nominating | ||||||
22 | petitions also State Board of Elections shall hear and pass | ||||||
23 | upon all objections to nomination petitions filed by candidates | ||||||
24 | under this paragraph.
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25 | A candidate for whom a nomination paper has been filed as a | ||||||
26 | partisan
candidate at a primary election, and who is defeated |
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1 | for his or her
nomination at such primary election, is | ||||||
2 | ineligible to be listed on the
ballot at that general or | ||||||
3 | consolidated election as a candidate of another
political | ||||||
4 | party.
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5 | A candidate seeking election to an office for which | ||||||
6 | candidates of
political parties are nominated by caucus who is | ||||||
7 | a participant in the
caucus and who is defeated for his or her | ||||||
8 | nomination at such caucus, is
ineligible to be listed on the | ||||||
9 | ballot at that general or consolidated
election as a candidate | ||||||
10 | of another political party.
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11 | In the proceedings to nominate a candidate to fill a | ||||||
12 | vacancy or to
fill a vacancy in the nomination, each precinct, | ||||||
13 | township, ward, county
or congressional district, as the case | ||||||
14 | may be, shall through its
representative on such central or | ||||||
15 | managing committee, be entitled to one
vote for each ballot | ||||||
16 | voted in such precinct, township, ward, county or
congressional | ||||||
17 | district, as the case may be, by the primary electors of
its | ||||||
18 | party at the primary election immediately preceding the meeting | ||||||
19 | at
which such vacancy is to be filled.
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20 | For purposes of this Section, the words "certify" and | ||||||
21 | "certification"
shall refer to the act of officially declaring | ||||||
22 | the names of candidates
entitled to be printed upon the | ||||||
23 | official ballot at an election and
directing election | ||||||
24 | authorities to place the names of such candidates upon
the | ||||||
25 | official ballot. "Certifying officers or board" shall refer to | ||||||
26 | the
local election official, election authority or the State |
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1 | Board of
Elections, as the case may be, with whom nomination | ||||||
2 | papers, including
certificates of nomination and resolutions | ||||||
3 | to fill vacancies in nomination,
are filed and whose duty it is | ||||||
4 | to "certify" candidates.
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5 | (Source: P.A. 94-645, eff. 8-22-05; 96HB0723enr.)
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6 | Section 10. The Illinois Procurement Code is amended by | ||||||
7 | changing Sections 20-160 and 50-37 as follows: | ||||||
8 | (30 ILCS 500/20-160)
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9 | Sec. 20-160. Business entities; certification; | ||||||
10 | registration with the State Board of Elections. | ||||||
11 | (a) For purposes of this Section, the terms "business | ||||||
12 | entity", "contract", "State contract", "contract with a State | ||||||
13 | agency", "State agency", "affiliated entity", and "affiliated | ||||||
14 | person" have the meanings ascribed to those terms in Section | ||||||
15 | 50-37. | ||||||
16 | (b) Every bid submitted to and every contract executed by | ||||||
17 | the State on or after January 1, 2009 ( the effective date of | ||||||
18 | Public this amendatory Act 95-971) of the 95th General Assembly | ||||||
19 | shall contain (1) a certification by the bidder or contractor | ||||||
20 | that either (i) the bidder or contractor is not required to | ||||||
21 | register as a business entity with the State Board of Elections | ||||||
22 | pursuant to this Section or (ii) the bidder or contractor has | ||||||
23 | registered as a business entity with the State Board of | ||||||
24 | Elections and acknowledges a continuing duty to update the |
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1 | registration and (2) a statement that the contract is voidable | ||||||
2 | under Section 50-60 for the bidder's or contractor's failure to | ||||||
3 | comply with this Section. | ||||||
4 | (c) Within 30 days after the effective date of this | ||||||
5 | amendatory Act of the 95th General Assembly, each business | ||||||
6 | entity (i) whose aggregate bids and proposals on State | ||||||
7 | contracts annually total more than $50,000, (ii) whose | ||||||
8 | aggregate bids and proposals on State contracts combined with | ||||||
9 | the business entity's aggregate annual total value of State | ||||||
10 | contracts exceed $50,000, or (iii) whose contracts with State | ||||||
11 | agencies, in the aggregate, annually total more than $50,000 | ||||||
12 | shall register with the State Board of Elections in accordance | ||||||
13 | with Section 9-35 of the Election Code. A business entity | ||||||
14 | required to register under this subsection shall submit a copy | ||||||
15 | of the certificate of registration to the applicable chief | ||||||
16 | procurement officer within 90 days after the effective date of | ||||||
17 | this amendatory Act of the 95th General Assembly. A business | ||||||
18 | entity required to register under this subsection due to item | ||||||
19 | (i) or (ii) has a continuing duty to ensure that the | ||||||
20 | registration is accurate during the period beginning on the | ||||||
21 | date of registration and ending on the day after the date the | ||||||
22 | contract is awarded; any change in information must be reported | ||||||
23 | to the State Board of Elections within 2 business days | ||||||
24 | following such change. A business entity required to register | ||||||
25 | under this subsection due to item (iii) has a continuing duty | ||||||
26 | to ensure that the registration is accurate in accordance with |
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1 | subsection (e) (f) . | ||||||
2 | (d) Any business entity, not required under subsection (c) | ||||||
3 | to register within 30 days after the effective date of this | ||||||
4 | amendatory Act of the 95th General Assembly, whose aggregate | ||||||
5 | bids and proposals on State contracts annually total more than | ||||||
6 | $50,000, or whose aggregate bids and proposals on State | ||||||
7 | contracts combined with the business entity's aggregate annual | ||||||
8 | total value of State contracts exceed $50,000, shall register | ||||||
9 | with the State Board of Elections in accordance with Section | ||||||
10 | 9-35 of the Election Code prior to submitting to a State agency | ||||||
11 | the bid or proposal whose value causes the business entity to | ||||||
12 | fall within the monetary description of this subsection. A | ||||||
13 | business entity required to register under this subsection has | ||||||
14 | a continuing duty to ensure that the registration is accurate | ||||||
15 | during the period beginning on the date of registration and | ||||||
16 | ending on the day after the date the contract is awarded. Any | ||||||
17 | change in information must be reported to the State Board of | ||||||
18 | Elections within 5 2 business days following such change or no | ||||||
19 | later than a day before the contract is awarded, whichever date | ||||||
20 | is earlier . | ||||||
21 | (e) A business entity whose contracts with State agencies, | ||||||
22 | in the aggregate, annually total more than $50,000 must | ||||||
23 | maintain its registration under this Section and has a | ||||||
24 | continuing duty to ensure that the registration is accurate for | ||||||
25 | the duration of the term of office of the incumbent | ||||||
26 | officeholder awarding the contracts or for a period of 2 years |
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1 | following the expiration or termination of the contracts, | ||||||
2 | whichever is longer. A business entity, required to register | ||||||
3 | under this subsection, has a continuing duty to report any | ||||||
4 | changes on a quarterly basis to the State Board of Elections | ||||||
5 | within 10 business days following the last day of January, | ||||||
6 | April, July, and October of each year. Any update pursuant to | ||||||
7 | this paragraph that is received beyond that date is presumed | ||||||
8 | late and the civil penalty authorized by subsection (e) of | ||||||
9 | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | ||||||
10 | assessed. | ||||||
11 | Also, Any change in information shall be reported to the | ||||||
12 | State Board of Elections within 10 days following such change; | ||||||
13 | however, if a business entity required to register under this | ||||||
14 | subsection has a pending bid or proposal, any change in | ||||||
15 | information shall be reported to the State Board of Elections | ||||||
16 | within 5 2 business days or no later than a day before the | ||||||
17 | contract is awarded, whichever date is earlier . | ||||||
18 | (f) A business entity's continuing duty under this Section | ||||||
19 | to ensure the accuracy of its registration includes the | ||||||
20 | requirement that the business entity notify the State Board of | ||||||
21 | Elections of any change in information, including but not | ||||||
22 | limited to changes of affiliated entities or affiliated | ||||||
23 | persons. | ||||||
24 | (g) A copy of a certificate of registration must accompany | ||||||
25 | any bid or proposal for a contract with a State agency by a | ||||||
26 | business entity required to register under this Section. A |
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1 | chief procurement officer shall not accept a bid or proposal | ||||||
2 | unless the certificate is submitted to the agency with the bid | ||||||
3 | or proposal. | ||||||
4 | (h) A registration, and any changes to a registration, must | ||||||
5 | include the business entity's verification of accuracy and | ||||||
6 | subjects the business entity to the penalties of the laws of | ||||||
7 | this State for perjury. | ||||||
8 | In addition to any penalty under Section 9-35 of the | ||||||
9 | Election Code, intentional, willful, or material failure to | ||||||
10 | disclose information required for registration shall render | ||||||
11 | the contract, bid, proposal, or other procurement relationship | ||||||
12 | voidable by the chief procurement officer if he or she deems it | ||||||
13 | to be in the best interest of the State of Illinois. | ||||||
14 | (i) This Section applies regardless of the method of source | ||||||
15 | selection used in awarding the contract.
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16 | (Source: P.A. 95-971, eff. 1-1-09.) | ||||||
17 | (30 ILCS 500/50-37) | ||||||
18 | Sec. 50-37. Prohibition of political contributions. | ||||||
19 | (a) As used in this Section: | ||||||
20 | The terms "contract", "State contract", and "contract | ||||||
21 | with a State agency" each mean any contract, as defined in | ||||||
22 | this Code, between a business entity and a State agency let | ||||||
23 | or awarded pursuant to this Code. The terms "contract", | ||||||
24 | "State contract", and "contract with a State agency" do not | ||||||
25 | include cost reimbursement contracts; purchase of care |
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1 | agreements as defined in Section 1-15.68 of this Code; | ||||||
2 | contracts for projects eligible for full or partial | ||||||
3 | federal-aid funding reimbursements authorized by the | ||||||
4 | Federal Highway Administration; grants, including but are | ||||||
5 | not limited to grants for job training or transportation; | ||||||
6 | and grants, loans, or tax credit agreements for economic | ||||||
7 | development purposes. | ||||||
8 | "Contribution" means a contribution as defined in | ||||||
9 | Section 9-1.4 of the Election Code. | ||||||
10 | "Declared candidate" means a person who has filed a | ||||||
11 | statement of candidacy and petition for nomination or | ||||||
12 | election in the principal office of the State Board of | ||||||
13 | Elections. | ||||||
14 | "State agency" means and includes all boards, | ||||||
15 | commissions, agencies, institutions, authorities, and | ||||||
16 | bodies politic and corporate of the State, created by or in | ||||||
17 | accordance with the Illinois Constitution or State | ||||||
18 | statute, of the executive branch of State government and | ||||||
19 | does include colleges, universities,
public employee | ||||||
20 | retirement systems, and institutions under the | ||||||
21 | jurisdiction of the governing boards of the University of | ||||||
22 | Illinois, Southern Illinois University, Illinois State | ||||||
23 | University, Eastern Illinois University, Northern Illinois | ||||||
24 | University, Western Illinois University, Chicago State | ||||||
25 | University, Governors State University, Northeastern | ||||||
26 | Illinois University, and the Illinois Board of Higher |
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1 | Education. | ||||||
2 | "Officeholder" means the Governor, Lieutenant | ||||||
3 | Governor, Attorney General, Secretary of State, | ||||||
4 | Comptroller, or Treasurer. The Governor shall be | ||||||
5 | considered the officeholder responsible for awarding all | ||||||
6 | contracts by all officers and employees of, and vendors and | ||||||
7 | others doing business with, executive branch State | ||||||
8 | agencies under the jurisdiction of the Executive Ethics | ||||||
9 | Commission and not within the jurisdiction of the Attorney | ||||||
10 | General, the Secretary of State, the Comptroller, or the | ||||||
11 | Treasurer. | ||||||
12 | "Sponsoring entity" means a sponsoring entity as | ||||||
13 | defined in Section 9-3 of the Election Code. | ||||||
14 | "Affiliated person" means (i) any person with any | ||||||
15 | ownership
interest or distributive share of the bidding or | ||||||
16 | contracting business entity in excess of 7.5%, (ii) | ||||||
17 | executive employees of the bidding or contracting business | ||||||
18 | entity, and (iii) the spouse and minor children of any such | ||||||
19 | persons. "Affiliated person" does not include a person | ||||||
20 | prohibited by federal law from making contributions or | ||||||
21 | expenditures in connection with a federal, state, or local | ||||||
22 | election. | ||||||
23 | "Affiliated entity" means (i) any corporate parent and | ||||||
24 | each operating subsidiary of the bidding or contracting | ||||||
25 | business entity, (ii) each operating subsidiary of the | ||||||
26 | corporate parent of the bidding or contracting business |
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1 | entity any member of the same unitary business group , (iii) | ||||||
2 | any organization recognized by the United States Internal | ||||||
3 | Revenue Service as a tax-exempt organization described in | ||||||
4 | Section 501(c) of the Internal Revenue Code of 1986 (or any | ||||||
5 | successor provision of federal tax law) established by the | ||||||
6 | bidding or contracting business entity, any affiliated | ||||||
7 | entity of that business entity, or any affiliated person of | ||||||
8 | that business entity, or (iv) any political committee for | ||||||
9 | which the bidding or contracting business entity, or any | ||||||
10 | 501(c) organization described in item (iii) related to that | ||||||
11 | business entity, is the sponsoring entity. "Affiliated | ||||||
12 | entity" does not include an entity prohibited by federal | ||||||
13 | law from making contributions or expenditures in | ||||||
14 | connection with a federal, state, or local election. | ||||||
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 (i) the President, | ||||||
20 | Chairman, or Chief Executive Officer of a business entity | ||||||
21 | and any other individual that fulfills equivalent duties as | ||||||
22 | the President, Chairman of the Board, or Chief Executive | ||||||
23 | Officer of a business entity; and (ii) any employee of a | ||||||
24 | business entity whose compensation is determined directly, | ||||||
25 | in whole or in part, by the award or payment of contracts | ||||||
26 | by a State agency to the entity employing the employee. A |
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1 | regular salary that is paid irrespective of the award or | ||||||
2 | payment of a contract with a State agency shall not | ||||||
3 | constitute "compensation" under item (ii) of this | ||||||
4 | definition , or other employee with executive | ||||||
5 | decision-making authority over the long-term and | ||||||
6 | day-to-day affairs of the entity employing the employee, or | ||||||
7 | an employee whose compensation is determined directly, in | ||||||
8 | whole or in part, by the award or payment of contracts by a | ||||||
9 | State agency to the entity employing the employee . | ||||||
10 | "Executive employee" does not include any person | ||||||
11 | prohibited by federal law from making contributions or | ||||||
12 | expenditures in connection with a federal, state, or local | ||||||
13 | election. | ||||||
14 | (b) Any business entity whose contracts with State | ||||||
15 | agencies, in the aggregate, annually total more than $50,000, | ||||||
16 | and any affiliated entities or affiliated persons of such | ||||||
17 | business entity, are prohibited from making any contributions | ||||||
18 | to any political committees established to promote the | ||||||
19 | candidacy of (i) the officeholder responsible for awarding the | ||||||
20 | contracts or (ii) any other declared candidate for that office. | ||||||
21 | This prohibition shall be effective for the duration of the | ||||||
22 | term of office of the incumbent officeholder awarding the | ||||||
23 | contracts or for a period of 2 years following the expiration | ||||||
24 | or termination of the contracts, whichever is longer. | ||||||
25 | (c) Any business entity whose aggregate pending bids and | ||||||
26 | proposals on State contracts total more than $50,000, or whose |
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1 | aggregate pending bids and proposals on State contracts | ||||||
2 | combined with the business entity's aggregate annual total | ||||||
3 | value of State contracts exceed $50,000, and any affiliated | ||||||
4 | entities or affiliated persons of such business entity, are | ||||||
5 | prohibited from making any contributions to any political | ||||||
6 | committee
established to promote the candidacy of the | ||||||
7 | officeholder responsible for awarding the contract on which the | ||||||
8 | business entity has submitted a bid or proposal during the | ||||||
9 | period beginning on the date the invitation for bids or request | ||||||
10 | for proposals is issued and ending on the day after the date | ||||||
11 | the contract is awarded. | ||||||
12 | (d) All contracts between State agencies and a business | ||||||
13 | entity that violate subsection (b) or (c) shall be voidable | ||||||
14 | under Section 50-60. If a business entity violates subsection | ||||||
15 | (b) 3 or more times within a 36-month period, then all | ||||||
16 | contracts between State agencies and that business entity shall | ||||||
17 | be void, and that business entity shall not bid or respond to | ||||||
18 | any invitation to bid or request for proposals from any State | ||||||
19 | agency or otherwise enter into any contract with any State | ||||||
20 | agency for 3 years from the date of the last violation. A | ||||||
21 | notice of each violation and the penalty imposed shall be | ||||||
22 | published in both the Procurement Bulletin and the Illinois | ||||||
23 | Register. | ||||||
24 | (e) Any political committee that has received a | ||||||
25 | contribution in violation of subsection (b) or (c) shall pay an | ||||||
26 | amount equal to the value of the contribution to the State no |
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| |||||||
1 | more than 30 days after notice of the violation concerning the | ||||||
2 | contribution appears in the Illinois Register. Payments | ||||||
3 | received by the State
pursuant to this subsection shall be | ||||||
4 | deposited into the general revenue
fund.
| ||||||
5 | (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.) | ||||||
6 | Section 15. If and only if Senate Bill 51 of the 96th | ||||||
7 | General Assembly, as enrolled, becomes law, then the Illinois | ||||||
8 | Procurement Code is amended by changing Section 50-37 as | ||||||
9 | follows: | ||||||
10 | (30 ILCS 500/50-37) | ||||||
11 | Sec. 50-37. Prohibition of political contributions. | ||||||
12 | (a) As used in this Section: | ||||||
13 | The terms "contract", "State contract", and "contract | ||||||
14 | with a State agency" each mean any contract, as defined in | ||||||
15 | this Code, between a business entity and a State agency let | ||||||
16 | or awarded pursuant to this Code. The terms "contract", | ||||||
17 | "State contract", and "contract with a State agency" do not | ||||||
18 | include cost reimbursement contracts; purchase of care | ||||||
19 | agreements as defined in Section 1-15.68 of this Code; | ||||||
20 | contracts for projects eligible for full or partial | ||||||
21 | federal-aid funding reimbursements authorized by the | ||||||
22 | Federal Highway Administration; grants, including but are | ||||||
23 | not limited to grants for job training or transportation; | ||||||
24 | and grants, loans, or tax credit agreements for economic |
| |||||||
| |||||||
1 | development purposes. | ||||||
2 | "Contribution" means a contribution as defined in | ||||||
3 | Section 9-1.4 of the Election Code. | ||||||
4 | "Declared candidate" means a person who has filed a | ||||||
5 | statement of candidacy and petition for nomination or | ||||||
6 | election in the principal office of the State Board of | ||||||
7 | Elections. | ||||||
8 | "State agency" means and includes all boards, | ||||||
9 | commissions, agencies, institutions, authorities, and | ||||||
10 | bodies politic and corporate of the State, created by or in | ||||||
11 | accordance with the Illinois Constitution or State | ||||||
12 | statute, of the executive branch of State government and | ||||||
13 | does include colleges, universities,
public employee | ||||||
14 | retirement systems, and institutions under the | ||||||
15 | jurisdiction of the governing boards of the University of | ||||||
16 | Illinois, Southern Illinois University, Illinois State | ||||||
17 | University, Eastern Illinois University, Northern Illinois | ||||||
18 | University, Western Illinois University, Chicago State | ||||||
19 | University, Governors State University, Northeastern | ||||||
20 | Illinois University, and the Illinois Board of Higher | ||||||
21 | Education. | ||||||
22 | "Officeholder" means the Governor, Lieutenant | ||||||
23 | Governor, Attorney General, Secretary of State, | ||||||
24 | Comptroller, or Treasurer. The Governor shall be | ||||||
25 | considered the officeholder responsible for awarding all | ||||||
26 | contracts by all officers and employees of, and vendors and |
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1 | others doing business with, executive branch State | ||||||
2 | agencies under the jurisdiction of the Executive Ethics | ||||||
3 | Commission and not within the jurisdiction of the Attorney | ||||||
4 | General, the Secretary of State, the Comptroller, or the | ||||||
5 | Treasurer. | ||||||
6 | "Sponsoring entity" means a sponsoring entity as | ||||||
7 | defined in Section 9-3 of the Election Code. | ||||||
8 | "Affiliated person" means (i) any person with any | ||||||
9 | ownership
interest or distributive share of the bidding or | ||||||
10 | contracting business entity in excess of 7.5%, (ii) | ||||||
11 | executive employees of the bidding or contracting business | ||||||
12 | entity, and (iii) the spouse of any such persons. | ||||||
13 | "Affiliated person" does not include a person prohibited by | ||||||
14 | federal law from making contributions or expenditures in | ||||||
15 | connection with a federal, state, or local election. | ||||||
16 | "Affiliated entity" means (i) any corporate parent and | ||||||
17 | each operating subsidiary of the bidding or contracting | ||||||
18 | business entity, (ii) each operating subsidiary of the | ||||||
19 | corporate parent of the bidding or contracting business | ||||||
20 | entity, (iii) any organization recognized by the United | ||||||
21 | States Internal Revenue Service as a tax-exempt | ||||||
22 | organization described in Section 501(c) of the Internal | ||||||
23 | Revenue Code of 1986 (or any successor provision of federal | ||||||
24 | tax law) established by the bidding or contracting business | ||||||
25 | entity, any affiliated entity of that business entity, or | ||||||
26 | any affiliated person of that business entity, or (iv) any |
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1 | political committee for which the bidding or contracting | ||||||
2 | business entity, or any 501(c) organization described in | ||||||
3 | item (iii) related to that business entity, is the | ||||||
4 | sponsoring entity. "Affiliated entity" does not include an | ||||||
5 | entity prohibited by federal law from making contributions | ||||||
6 | or expenditures in connection with a federal, state, or | ||||||
7 | local election. | ||||||
8 | "Business entity" means any entity doing business for | ||||||
9 | profit, whether organized as a corporation, partnership, | ||||||
10 | sole proprietorship, limited liability company or | ||||||
11 | partnership, or otherwise. | ||||||
12 | "Executive employee" means (i) the President, | ||||||
13 | Chairman, or Chief Executive Officer of a business entity | ||||||
14 | and any other individual that fulfills equivalent duties as | ||||||
15 | the President, Chairman of the Board, or Chief Executive | ||||||
16 | Officer of a business entity; and (ii) any employee of a | ||||||
17 | business entity whose compensation is determined directly, | ||||||
18 | in whole or in part, by the award or payment of contracts | ||||||
19 | by a State agency to the entity employing the employee. A | ||||||
20 | regular salary that is paid irrespective of the award or | ||||||
21 | payment of a contract with a State agency shall not | ||||||
22 | constitute "compensation" under item (ii) of this | ||||||
23 | definition. "Executive employee" does not include any | ||||||
24 | person prohibited by federal law from making contributions | ||||||
25 | or expenditures in connection with a federal, state, or | ||||||
26 | local election. |
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1 | (b) Any business entity whose contracts with State | ||||||
2 | agencies, in the aggregate, annually total more than $50,000, | ||||||
3 | and any affiliated entities or affiliated persons of such | ||||||
4 | business entity, are prohibited from making any contributions | ||||||
5 | to any political committees established to promote the | ||||||
6 | candidacy of (i) the officeholder responsible for awarding the | ||||||
7 | contracts or (ii) any other declared candidate for that office. | ||||||
8 | This prohibition shall be effective for the duration of the | ||||||
9 | term of office of the incumbent officeholder awarding the | ||||||
10 | contracts or for a period of 2 years following the expiration | ||||||
11 | or termination of the contracts, whichever is longer. | ||||||
12 | (c) Any business entity whose aggregate pending bids and | ||||||
13 | proposals on State contracts total more than $50,000, or whose | ||||||
14 | aggregate pending bids and proposals on State contracts | ||||||
15 | combined with the business entity's aggregate annual total | ||||||
16 | value of State contracts exceed $50,000, and any affiliated | ||||||
17 | entities or affiliated persons of such business entity, are | ||||||
18 | prohibited from making any contributions to any political | ||||||
19 | committee
established to promote the candidacy of the | ||||||
20 | officeholder responsible for awarding the contract on which the | ||||||
21 | business entity has submitted a bid or proposal during the | ||||||
22 | period beginning on the date the invitation for bids or request | ||||||
23 | for proposals is issued and ending on the day after the date | ||||||
24 | 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 |
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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.
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18 | (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09; | ||||||
19 | 09600SB0051enr.) | ||||||
20 | Section 99. Effective date. This Act takes effect January | ||||||
21 | 1, 2010, except that Section 15 takes effect July 1, 2010. |