SB3526 96TH GENERAL ASSEMBLY

LRB096 17938 JAM 33306 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3526

Introduced 2/10/2010, by Sen. Bill Brady

SYNOPSIS AS INTRODUCED:

New Act
10 ILCS 5/9-7.15 new
15 ILCS 20/50-25 new
15 ILCS 205/6.10 new
15 ILCS 305/30 new
15 ILCS 405/40 new
15 ILCS 505/25 new
30 ILCS 500/50-37.5 new

Creates the Legislators' No Bid, No Contribution Act and the Lieutenant Governor's No Bid, No Contribution Act and amends the State Budget Law, the Attorney General Act, the State Comptroller Act, the State Treasurer Act, the Illinois Procurement Code, the Secretary of State Act, and the Election Code. Regulates the awarding of State contracts on a no-bid basis. Prohibits campaign contributions from State contractors to General Assembly members, State executive branch constitutional office, and candidates for those offices under certain circumstances. Effective immediately.

A BILL FOR

AN ACT concerning ethics.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE 1

Section 1-1. Short title. This Article may be cited as the Legislators' No Bid, No Contribution Act.

Section 1-5. Definitions. For purposes of this Article:

"Contract" means any contract or agreement for goods or services executed by a member of the General Assembly with any value, except, regardless of amount, "contract" as used in this Section shall not include the following:

(1) contracts with State agencies or officers or other political subdivisions;

(2) hiring of an individual as an employee or independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual;

(3) collective bargaining contracts;

(4) purchase of real estate; or

(5) contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations.

"Contracting entity" means an entity that may execute a contract with the member of the General Assembly.

"Entities and persons related to the contracting entity" includes the following:

(1) any entity that is a parent of, or owns a controlling interest in, the contracting entity;

(2) any entity that is a subsidiary of, or owns a controlling interest in, the contracting entity;

(3) any State, local, or federal political committee that makes or may make political contributions on behalf of or at the direction of the contracting entity; and

(4) any persons or the spouse or children of persons who (i) have an ownership or distributive income share in the contracting entity that is in excess of 5%, or an amount greater than 60% of the annual salary of the Governor; (ii) serve as executive officers of the contracting entity; (iii) are employed by the contracting entity who are required to register as lobbyists under the Lobbyist Registration Act; (iv) are individuals or entities with whom the contracting entity is contracting who are required to register as lobbyists under the Lobbyist Registration Act; and (v) are employed by the contracting entity who are special government agents as defined in item (l) of Section 4A-101 of the Illinois Governmental Ethics Act (5 ILCS 420/4A-101(l)).

"Competitively bid" means procurement under a process substantially similar to the competitive sealed bidding requirements set forth in Articles 20, 25, and 30 of the Illinois Procurement Code (but does not include procurement under a request-for-proposals process that is substantially similar to Article 35 of the Illinois Procurement Code).

Section 1-10. Contracts. A member of the General Assembly shall not enter into any contract that is not competitively bid with a contracting entity if that contracting entity or entities and persons related to the contracting entity have made a political contribution to a political committee organized on behalf of or controlled by the member of the General Assembly signing the contract within the 48 months prior to selection of the contracting entity. No contracting entity or entities and persons related to a contracting entity shall make a political contribution to any political committee organized on behalf of or controlled by a member of the General Assembly if the contracting entity is currently a party to any contract with that member of the General Assembly that was not competitively bid.

Section 1-15. Violation. Any contract entered into in violation of this Article may be declared void by the member of the General Assembly who executed the contract or his or her successor or by the Comptroller, with the approval of the Attorney General.

ARTICLE 5

Section 5-1. Short title. This Article may be cited as the Lieutenant Governor's No Bid, No Contribution Act.

Section 5-5. Definitions. For purposes of this Article:

"Contract" means any contract or agreement for goods or services executed by the office of the Lieutenant Governor with any value, except, regardless of amount, "contract" as used in this Section shall not include the following:

(1) contracts with State agencies or officers or other political subdivisions;

(2) hiring of an individual as an employee or independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual;

(3) collective bargaining contracts;

(4) purchase of real estate; or

(5) contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations.

"Contracting entity" means an entity that may execute a contract with the Office of the Lieutenant Governor.

"Entities and persons related to the contracting entity" includes the following:

(1) any entity that is a parent of, or owns a controlling interest in, the contracting entity;

(2) any entity that is a subsidiary of, or owns a controlling interest in, the contracting entity;

(3) any State, local, or federal political committee that makes or may make political contributions on behalf of or at the direction of the contracting entity;

(4) any persons or the spouse or children of persons who (i) have an ownership or distributive income share in the contracting entity that is in excess of 5%, or an amount greater than 60% of the annual salary of the Governor; (ii) serve as executive officers of the contracting entity; (iii) are employed by the contracting entity who are required to register as lobbyists under the Lobbyist Registration Act; (iv) are individuals or entities with whom the contracting entity is contracting who are required to register as lobbyists under the Lobbyist Registration Act; and (v) are employed by the contracting entity who are special government agents as defined in item (l) of Section 4A-101 of the Illinois Governmental Ethics Act (5 ILCS 420/4A-101(l)).

"Competitively bid" means procurement under a process substantially similar to the competitive sealed bidding requirements set forth in Articles 20, 25, and 30 of the Illinois Procurement Code (but does not include procurement under a request-for-proposals process that is substantially similar to Article 35 of the Illinois Procurement Code).

Section 5-10. Contracts. The Office of the Lieutenant Governor shall not enter into any contract that is not competitively bid with a contracting entity if that contracting entity or entities and persons related to the contracting entity have made a political contribution to a political committee organized on behalf of or controlled by the individual then serving as Lieutenant Governor within the 48 months prior to selection of the contracting entity. No contracting entity or entities and persons related to a contracting entity shall make a political contribution to any political committee organized on behalf of or controlled by the individual then serving as Lieutenant Governor if the contracting entity is currently a party to any contract with the Office of the Lieutenant Governor awarded by the current office holder that was not competitively bid.

Section 5-15. Violation. Any contract entered into in violation of this Article may be declared void by the officer who executed the contract or his or her successor or by the Comptroller, with the approval of the Attorney General.

ARTICLE 90

Section 90-2. The Election Code is amended by adding Section 9-7.15 as follows:

(10 ILCS 5/9-7.15 new)

Sec. 9-7.15. Contractor contributions.

(a) As of the effective date of this amendatory Act of the 96th General Assembly, a member of the General Assembly, a State executive branch constitutional officer, a candidate for the office of State executive branch constitutional officer or member of the General Assembly, or a political committee organized on behalf of or controlled by the office holder or candidate shall not accept contributions from:

(1) A State contractor to whom that office holder or candidate has awarded or signed a contract within the past 48 months that was not competitively bid;

(2) Entities and persons related to a State contractor to whom that office holder or candidate has awarded or signed a contract within the past 48 months that was not competitively bid, which shall include the following:

(A) any entity that is a parent of, or owns a controlling interest in, the contractor,

(B) any entity that is a subsidiary of, or owns a controlling interest in, the contractor;

(C) any State, local, or federal political committee that makes or may make political contributions on behalf of or at the direction of the contractor;

(D) any persons or the spouse or children of persons who (i) have an ownership or distributive income share in the contractor that is in excess of 5%, or an amount greater than 60% of the annual salary of the Governor; (ii) serve as executive officers of the contractor; (iii) are employed by the contractor who are required to register as lobbyists under the Lobbyist Registration Act; (iv) are individuals or entities with whom the contractor is contracting who are required to register as lobbyists under the Lobbyist Registration Act; and (v) are employed by the contractor who are special government agents as defined in item (l) of Section 4A-101 of the Illinois Governmental Ethics Act (5 ILCS 420/4A-101(l)).

(b) As used in this Section, "competitively bid" means procurement under a process following or substantially similar to the competitive sealed bidding requirements set forth in Articles 20, 25, and 30 of the Illinois Procurement Code (but does not include procurement under a request-for-proposals process that follows or is substantially similar to Article 35 of the Illinois Procurement Code); and "State executive branch constitutional officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, State Comptroller, and State Treasurer.

Section 90-5. The State Budget Law is amended by adding Section 50-25 as follows:

(15 ILCS 20/50-25 new)

Sec. 50-25. Governor's No Bid, No Contribution Contracts.

(a) For purposes of this Section:

"Contract" means any contract or agreement for goods or services executed by the Office of the Governor, with any value, except, regardless of amount, "contract" as used in this Section shall not include the following:

(1) contracts with State agencies or officers or other political subdivisions;

(2) hiring of an individual as an employee or independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual;

(3) collective bargaining contracts;

(4) purchase of real estate; or

(5) contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations.

"Contracting entity" means an entity that may execute a contract with the Office of the Governor.

"Entities and persons related to the contracting entity" includes the following:

(1) any entity that is a parent of, or owns a controlling interest in, the contracting entity;

(2) any entity that is a subsidiary of, or owns a controlling interest in, the contracting entity;

(3) any State, local, or federal political committee that makes or may make political contributions on behalf of or at the direction of the contracting entity; and

(4) any persons or the spouse or children of persons who (i) have an ownership or distributive income share in the contracting entity that is in excess of 5%, or an amount greater than 60% of the annual salary of the Governor; (ii) serve as executive officers of the contracting entity; (iii) are employed by the contracting entity who are required to register as lobbyists under the Lobbyist Registration Act; (iv) are individuals or entities with whom the contracting entity is contracting who are required to register as lobbyists under the Lobbyist Registration Act; and (v) are employed by the contracting entity who are special government agents as defined in item (l) of Section 4A-101 of the Illinois Governmental Ethics Act (5 ILCS 420/4A-101(l)).

"Competitively bid" means procurement under a process substantially similar to the competitive sealed bidding requirements set forth in Articles 20, 25, and 30 of the Illinois Procurement Code (but does not include procurement under a request-for-proposals process that is substantially similar to Article 35 of the Illinois Procurement Code).

(b) The Office of the Governor shall not enter into any contract that is not competitively bid with a contracting entity if that contracting entity or entities and persons related to the contracting entity have made a political contribution to a political committee organized on behalf of or controlled by the individual then serving as Governor within the 48 months prior to selection of the contracting entity. No contracting entity or entities and persons related to a contracting entity shall make a political contribution to any political committee organized on behalf of or controlled by the person then serving as Governor if the contracting entity is currently a party to any contract with the Office of the Governor awarded by the current office holder that was not competitively bid.

(c) Any contract entered into in violation of this Section may be declared void by the officer who executed the contract or his or her successor or by the Comptroller, with the approval of the Attorney General.

Section 90-10. The Attorney General Act is amended by adding Section 6.10 as follows:

(15 ILCS 205/6.10 new)

Sec. 6.10. Attorney General's No Bid, No Contribution Contracts.

(a) For purposes of this Section:

"Contract" means any contract or agreement for goods or services executed by the Office of the Attorney General, with any value, except, regardless of amount, "contract" as used in this Section shall not include the following:

(1) contracts with State agencies or officers or other political subdivisions;

(2) hiring of an individual as an employee or independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual;

(3) collective bargaining contracts;

(4) purchase of real estate; or

(5) contracts necessary to prepare for anticipated litigation, enforcement actions or investigations.

"Contracting entity" means an entity that may execute a contract with the Office of the Attorney General.

"Entities and persons related to the contracting entity" includes the following:

(1) any entity that is a parent of, or owns a controlling interest in, the contracting entity;

(2) any entity that is a subsidiary of, or owns a controlling interest in, the contracting entity;

(3) any State, local, or federal political committee that makes or may make political contributions on behalf of or at the direction of the contracting entity; and

(4) any persons or the spouse or children of persons who (i) have an ownership or distributive income share in the contracting entity that is in excess of 5%, or an amount greater than 60% of the annual salary of the Governor; (ii) serve as executive officers of the contracting entity; (iii) are employed by the contracting entity who are required to register as lobbyists under the Lobbyist Registration Act; (iv) are individuals or entities with whom the contracting entity is contracting who are required to register as lobbyists under the Lobbyist Registration Act; and (v) are employed by the contracting entity who are special government agents as defined in item (l) of Section 4A-101 of the Illinois Governmental Ethics Act (5 ILCS 420/4A-101(l)).

"Competitively bid" means procurement under a process substantially similar to the competitive sealed bidding requirements set forth in Articles 20, 25, and 30 of the Illinois Procurement Code (but does not include procurement under a request-for-proposals process that is substantially similar to Article 35 of the Illinois Procurement Code).

(b) The Office of the Attorney General shall not enter into any contract that is not competitively bid with a contracting entity if that contracting entity or entities and persons related to the contracting entity have made a political contribution to a political committee organized on behalf of or controlled by the individual then serving as Attorney General within the 48 months prior to selection of the contracting entity. No contracting entity or entities and persons related to a contracting entity shall make a political contribution to any political committee organized on behalf of or controlled by the person then serving as Attorney General if the contracting entity is currently a party to any contract with the Office of the Attorney General awarded by the current office holder that was not competitively bid.

(c) Any contract entered into in violation of this Section may be declared void by the officer who executed the contract or his or her successor or by the Comptroller, with the approval of the Treasurer.

Section 90-12. The Secretary of State Act is amended by adding Section 30 as follows:

(15 ILCS 305/30 new)

Sec. 30. Secretary of State's No Bid, No Contribution Contracts.

(a) For purposes of this Section:

"Contract" means any contract or agreement for goods or services executed by the Office of the Secretary of State, with any value, except, regardless of amount, "contract" as used in this Section shall not include the following:

(1) contracts with State agencies or officers or other political subdivisions;

(2) hiring of an individual as an employee or independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual;

(3) collective bargaining contracts;

(4) purchase of real estate; or

(5) contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations.

"Contracting entity" means an entity that may execute a contract with the Office of the Secretary of State.

"Entities and persons related to the contracting entity" includes the following:

(1) any entity that is a parent of, or owns a controlling interest in, the contracting entity;

(2) any entity that is a subsidiary of, or owns a controlling interest in, the contracting entity;

(3) any State, local, or federal political committee that makes or may make political contributions on behalf of or at the direction of the contracting entity;

(4) any persons or the spouse or children of persons who (i) have an ownership or distributive income share in the contracting entity that is in excess of 5%, or an amount greater than 60% of the annual salary of the Governor; (ii) serve as executive officers of the contracting entity; (iii) are employed by the contracting entity who are required to register as lobbyists under the Lobbyist Registration Act; (iv) are individuals or entities with whom the contracting entity is contracting who are required to register as lobbyists under the Lobbyist Registration Act; and (v) are employed by the contracting entity who are special government agents as defined in item (l) of Section 4A-101 of the Illinois Governmental Ethics Act (5 ILCS 420/4A-101(l)).

"Competitively bid" means procurement under a process substantially similar to the competitive sealed bidding requirements set forth in Articles 20, 25, and 30 of the Illinois Procurement Code (but does not include procurement under a request-for-proposals process that is substantially similar to Article 35 of the Illinois Procurement Code).

(b) The Office of the Secretary of State shall not enter into any contract that is not competitively bid with a contracting entity if that contracting entity or entities and persons related to the contracting entity have made a political contribution to a political committee organized on behalf of or controlled by the individual then serving as Secretary of State within the 48 months prior to selection of the contracting entity. No contracting entity or entities and persons related to a contracting entity shall make a political contribution to any political committee organized on behalf of or controlled by the person then serving as Secretary of State if the contracting entity is currently a party to any contract with the Office of the Secretary of State awarded by the current office holder that was not competitively bid.

(c) Any contract entered into in violation of this Section may be declared void by the officer who executed the contract or his or her successor or by the Comptroller, with the approval of the Treasurer.

Section 90-15. The State Comptroller Act is amended by adding Section 40 as follows:

(15 ILCS 405/40 new)

Sec. 40. Comptroller's No Bid, No Contribution Contracts.

(a) For purposes of this Section:

"Contract" means any contract or agreement for goods or services executed by the Office of the Comptroller, with any value, except, regardless of amount, "contract" as used in this Section shall not include the following:

(1) contracts with State agencies or officers or other political subdivisions;

(2) hiring of an individual as an employee or independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual;

(3) collective bargaining contracts;

(4) purchase of real estate; or

(5) contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations.

"Contracting entity" means an entity that may execute a contract with the Office of the Comptroller.

"Entities and persons related to the contracting entity" includes the following:

(1) any entity that is a parent of, or owns a controlling interest in, the contracting entity;

(2) any entity that is a subsidiary of, or owns a controlling interest in, the contracting entity;

(3) any State, local, or federal political committee that makes or may make political contributions on behalf of or at the direction of the contracting entity;

(4) any persons or the spouse or children of persons who (i) have an ownership or distributive income share in the contracting entity that is in excess of 5%, or an amount greater than 60% of the annual salary of the Governor; (ii) serve as executive officers of the contracting entity; (iii) are employed by the contracting entity who are required to register as lobbyists under the Lobbyist Registration Act; (iv) are individuals or entities with whom the contracting entity is contracting who are required to register as lobbyists under the Lobbyist Registration Act; and (v) are employed by the contracting entity who are special government agents as defined in item (l) of Section 4A-101 of the Illinois Governmental Ethics Act (5 ILCS 420/4A-101(l)).

"Competitively bid" means procurement under a process substantially similar to the competitive sealed bidding requirements set forth in Articles 20, 25, and 30 of the Illinois Procurement Code (but does not include procurement under a request-for-proposals process that is substantially similar to Article 35 of the Illinois Procurement Code).

(b) The Office of the Comptroller shall not enter into any contract that is not competitively bid with a contracting entity if that contracting entity or entities and persons related to the contracting entity have made a political contribution to a political committee organized on behalf of or controlled by the individual then serving as Comptroller within the 48 months prior to selection of the contracting entity. No contracting entity or entities and persons related to a contracting entity shall make a political contribution to any political committee organized on behalf of or controlled by the person then serving as Comptroller if the contracting entity is currently a party to any contract with the Office of the Comptroller awarded by the current office holder that was not competitively bid.

(c) Any contract entered into in violation of this Section may be declared void by the officer who executed the contract or his or her successor or by the Attorney General, with the approval of the Treasurer.

Section 90-17. The State Treasurer Act is amended by adding Section 25 as follows:

(15 ILCS 505/25 new)

Sec. 25. Treasurer's No Bid, No Contribution Contracts.

(a) For purposes of this Section:

"Contract" means any contract or agreement for goods or services executed by the Office of the Treasurer, with any value, except, regardless of amount, "contract" as used in this Section shall not include the following:

(1) contracts with State agencies or officers or other political subdivisions;

(2) hiring of an individual as an employee or independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual;

(3) collective bargaining contracts;

(4) purchase of real estate; or

(5) contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations.

"Contracting entity" means an entity that may execute a contract with the Office of the Treasurer.

"Entities and Persons Related to the Contracting Entity" includes the following:

(1) any entity that is a parent of, or owns a controlling interest in, the contracting entity;

(2) any entity that is a subsidiary of, or owns a controlling interest in, the contracting entity;

(3) any State, local, or federal political committee that makes or may make political contributions on behalf of or at the direction of the contracting entity; and

(4) any persons or the spouse or children of persons who (i) have an ownership or distributive income share in the contracting entity that is in excess of 5%, or an amount greater than 60% of the annual salary of the Governor; (ii) serve as executive officers of the contracting entity; (iii) are employed by the contracting entity who are required to register as lobbyists under the Lobbyist Registration Act; (iv) are individuals or entities with whom the contracting entity is contracting who are required to register as lobbyists under the Lobbyist Registration Act; and (v) are employed by the contracting entity who are special government agents as defined in item (l) of Section 4A-101 of the Illinois Governmental Ethics Act (5 ILCS 420/4A-101(l)).

"Competitively bid" means procurement under a process substantially similar to the competitive sealed bidding requirements set forth in Articles 20, 25, and 30 of the Illinois Procurement Code (but does not include procurement under a request-for-proposals process that is substantially similar to Article 35 of the Illinois Procurement Code).

(b) The Office of the Treasurer shall not enter into any contract that is not competitively bid with a contracting entity if that contracting entity or entities and persons related to the contracting entity have made a political contribution to a political committee organized on behalf of or controlled by the individual then serving as Treasurer within the 48 months prior to selection of the contracting entity. No contracting entity or entities and persons related to a contracting entity shall make a political contribution to any political committee organized on behalf of or controlled by the person then serving as Treasurer if the contracting entity is currently a party to any contract with the Office of the Treasurer awarded by the current office holder that was not competitively bid.

(c) Any contract entered into in violation of this Section may be declared void by the officer who executed the contract or his or her successor or by the Comptroller, with the approval of the Attorney General.

Section 90-25. The Illinois Procurement Code is amended by adding Section 50-37.5 as follows:

(30 ILCS 500/50-37.5 new)

Sec. 50-37.5. No Bid, No Contribution Contracts.

(a) For purposes of this Section:

"Contract" means any contract or agreement for goods or services executed by a State agency, with any value, except, regardless of amount, "contract" as used in this Section shall not include the following:

(1) contracts with State agencies or officers or other political subdivisions;

(2) hiring of an individual as an employee or independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual;

(3) collective bargaining contracts;

(4) purchase of real estate; or

(5) contracts necessary to prepare for anticipated litigation, enforcement actions or investigations.

"Contracting entity" means an entity that may execute a contract with the State agency.

"Entities and persons related to the contracting entity" includes the following:

(1) any entity that is a parent of, or owns a controlling interest in, the contracting entity;

(2) any entity that is a subsidiary of, or owns a controlling interest in, the contracting entity;

(3) any State, local, or federal political committee that makes or may make political contributions on behalf of or at the direction of the contracting entity;

(4) any persons or the spouse or children of persons who (i) have an ownership or distributive income share in the contracting entity that is in excess of 5%, or an amount greater than 60% of the annual salary of the Governor; (ii) serve as executive officers of the contracting entity; (iii) are employed by the contracting entity who are required to register as lobbyists under the Lobbyist Registration Act; (iv) are individuals or entities with whom the contracting entity is contracting who are required to register as lobbyists under the Lobbyist Registration Act; and (v) are employed by the contracting entity who are special government agents as defined in item (l) of Section 4A-101 of the Illinois Governmental Ethics Act (5 ILCS 420/4A-101(l)).

"Competitively bid" means procurement under the competitive sealed bidding requirements set forth in Articles 20, 25, and 30 of the Illinois Procurement Code (but does not include procurement under Article 35 of the Illinois Procurement Code).

(b) A State agency shall not enter into any contract that is not competitively bid with a contracting entity if that contracting entity or entities and persons related to the contracting entity have made a political contribution to a political committee organized on behalf of or controlled by the individual then serving as Governor within the 48 months prior to selection of the contracting entity. No contracting entity or entities and persons related to a contracting entity shall make a political contribution to any political committee organized on behalf of or controlled by the individual then serving as Governor if the contracting entity is currently a party to any contract with a State agency awarded by a State agency during the term of office of the individual then serving as Governor that was not competitively bid.

(c) Any contract entered into in violation of this Section may be declared void by the officer who executed the contract or his or her successor or by the Comptroller, with the approval of the Attorney General.

ARTICLE 99

Section 99-5. Effective date. This Act takes effect upon becoming law.