Full Text of SB1879 94th General Assembly
SB1879ham002 94TH GENERAL ASSEMBLY
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Rep. William B. Black
Filed: 10/28/2005
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| AMENDMENT TO SENATE BILL 1879
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| AMENDMENT NO. ______. Amend Senate Bill 1879, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, on page 38, by inserting below line 6 the following: | 5 |
| "Section 12. The Election Code is amended by changing | 6 |
| Section 9-10 and by adding Section 9-8.5 as follows: | 7 |
| (10 ILCS 5/9-8.5 new) | 8 |
| Sec. 9-8.5. Return of contractor contributions. | 9 |
| (a) The amount of any contribution received on or after the | 10 |
| effective date of this amendatory Act of the 94th General | 11 |
| Assembly by a political committee organized by or on behalf of | 12 |
| a person holding an executive branch constitutional office on | 13 |
| or after that date from a person or entity that on or after | 14 |
| that date held or holds a State contract that the executive | 15 |
| branch constitutional office was responsible for awarding, or | 16 |
| from any of that contractor's affiliated persons or affiliated | 17 |
| entities, must be returned to the contributor within 30 days | 18 |
| after the effective date of this amendatory Act of the 94th | 19 |
| General Assembly or within 30 days after receipt of the | 20 |
| contribution, whichever is later. | 21 |
| A successor political committee is subject to the | 22 |
| requirement of this Section if at the time for return of the | 23 |
| contribution the political committee that received the | 24 |
| contribution has been dissolved and any portion of the |
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| contribution was transferred to or in any other way received by | 2 |
| the successor political committee. If the contributor was a | 3 |
| person who at the time for return of the contribution is | 4 |
| deceased, the contribution must be returned to the | 5 |
| contributor's estate. If the contributor was not a person and | 6 |
| at the time for return of the contribution the contributor no | 7 |
| longer exists, the contribution must be paid to the State | 8 |
| treasury. | 9 |
| (b) The State Board of Elections shall consider for | 10 |
| disciplinary action and may impose a fine upon any political | 11 |
| committee that fails to return a contribution as required by | 12 |
| this Section. A fine shall not exceed 100% of the amount of the | 13 |
| contribution but in no case shall be less than 10% of the | 14 |
| amount of the contribution. | 15 |
| (c) For the purpose of this Section: | 16 |
| (1) "Affiliated entity" is defined as that term is | 17 |
| defined in Section 50-38 of the Illinois Procurement Code. | 18 |
| (2) "Affiliated person" is defined as that term is | 19 |
| defined in Section 50-38 of the Illinois Procurement Code. | 20 |
| (3) "Executive branch constitutional office | 21 |
| responsible for awarding a contract" means the executive | 22 |
| branch constitutional office whose holder has jurisdiction | 23 |
| or control over the chief procurement officer, associate | 24 |
| procurement officer, State purchasing officer, purchasing | 25 |
| agency, or contracting agency, as those terms are defined | 26 |
| in the Illinois Procurement Code, or their predecessors, | 27 |
| that awarded the contract. | 28 |
| (4) "Executive branch constitutional office" means the | 29 |
| office of Governor, Lieutenant Governor, Attorney General, | 30 |
| Secretary of State, State Comptroller, or State Treasurer. | 31 |
| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 32 |
| Sec. 9-10. Financial reports.
| 33 |
| (a) The treasurer of every state political committee and |
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| the
treasurer of every local political committee shall file | 2 |
| with the
Board, and the treasurer of every local political | 3 |
| committee shall file
with the county clerk, reports of campaign | 4 |
| contributions, and semi-annual
reports of campaign | 5 |
| contributions and expenditures on forms to be
prescribed or | 6 |
| approved by the Board. The treasurer of every political
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| committee that acts as both a state political committee and a | 8 |
| local
political committee shall file a copy of each report with | 9 |
| the State Board
of Elections and the county clerk.
Entities | 10 |
| subject to Section 9-7.5 shall file reports required by
that | 11 |
| Section at times
provided in this Section and are subject to | 12 |
| the penalties provided in this
Section.
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| (b) Reports of campaign contributions shall be filed no | 14 |
| later than the
15th day next preceding each election including | 15 |
| a primary election in
connection with which the political | 16 |
| committee has accepted or is
accepting contributions or has | 17 |
| made or is making expenditures. Such
reports shall be complete | 18 |
| as of the 30th day next preceding each election
including a | 19 |
| primary election. The Board shall assess a civil penalty not to
| 20 |
| exceed $5,000 for a violation of this subsection, except that | 21 |
| for State
officers and candidates
and political
committees | 22 |
| formed for statewide office, the civil
penalty may not exceed | 23 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 24 |
| filing violation for filing less than 10 days after the | 25 |
| deadline.
There shall be no fine if the report is mailed and | 26 |
| postmarked at least 72 hours
prior to the filing deadline.
For | 27 |
| the purpose of this subsection, "statewide
office" and "State | 28 |
| officer" means the Governor, Lieutenant Governor, Attorney
| 29 |
| General,
Secretary of State,
Comptroller, and Treasurer. | 30 |
| However, a
continuing political committee that does not make
| 31 |
| expenditures in excess of $500 on behalf of or in opposition to | 32 |
| any candidate or public
question on the ballot at an election | 33 |
| shall not be required to file the
reports heretofore prescribed | 34 |
| but may file in lieu thereof a Statement of
Nonparticipation in |
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| the Election with the Board or the Board and the county
clerk; | 2 |
| except that if the political committee, by the terms of its | 3 |
| statement of organization filed in accordance with this | 4 |
| Article, is organized to support or oppose a candidate or | 5 |
| public question on the ballot at the next election or primary, | 6 |
| that committee must file reports required by this subsection | 7 |
| (b) and by subsection (b-5).
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| (b-5) Notwithstanding the provisions of subsection (b) and
| 9 |
| Section 1.25 of the Statute on Statutes, any contribution
(A) | 10 |
| of $10,000 or more received at any time or (B) of more than | 11 |
| $500 received in the interim between the last date
of the | 12 |
| period
covered by the last report filed under subsection (b) | 13 |
| prior to the election and
the date of the election shall be | 14 |
| filed with and must actually be received by
the State Board of | 15 |
| Elections within 2 business days after
receipt of such | 16 |
| contribution.
The State Board shall allow filings of reports of | 17 |
| contributions of more than
$500 under this subsection (b-5) by | 18 |
| political committees that are not
required to file | 19 |
| electronically to be made by
facsimile transmission.
For the | 20 |
| purpose of this subsection, a contribution is considered
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| received on the date the public official, candidate, or | 22 |
| political committee (or
equivalent person
in the case of a
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| reporting entity other than a political committee) actually | 24 |
| receives it or, in
the case of goods or services, 2 business | 25 |
| days after the date the public
official,
candidate, committee,
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| or other reporting entity receives the certification required | 27 |
| under subsection
(b) of Section 9-6.
Failure to report
each | 28 |
| contribution is a separate violation of this subsection. In the | 29 |
| final
disposition of any matter by the Board on or after the | 30 |
| effective date of this
amendatory Act of the 93rd General | 31 |
| Assembly, the Board
may
impose fines for violations of this | 32 |
| subsection not to exceed 100% of the
total
amount of the | 33 |
| contributions that were untimely reported, but in no case when | 34 |
| a
fine is imposed shall it be less
than 10% of the total amount |
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| of the contributions that were untimely
reported.
When | 2 |
| considering the amount of the fine to be imposed, the Board | 3 |
| shall
consider, but is not limited to, the following factors:
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| (1) whether in the Board's opinion the violation was | 5 |
| committed
inadvertently,
negligently, knowingly, or | 6 |
| intentionally;
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| (2) the number of days the contribution was reported | 8 |
| late; and
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| (3) past violations of Sections 9-3 and 9-10 of this | 10 |
| Article by the
committee.
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| (c) In addition to such reports the treasurer of every | 12 |
| political
committee shall file semi-annual reports of campaign | 13 |
| contributions and
expenditures no later than July 31st, | 14 |
| covering the period from January 1st
through June 30th | 15 |
| immediately preceding, and no later than January 31st,
covering | 16 |
| the period from July 1st through December 31st of the preceding
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| calendar year. Reports of contributions and expenditures must | 18 |
| be filed to
cover the prescribed time periods even though no | 19 |
| contributions or
expenditures may have been received or made | 20 |
| during the period.
The Board shall assess a civil penalty not | 21 |
| to exceed $5,000 for a violation
of this subsection, except | 22 |
| that for State officers and candidates
and political
committees | 23 |
| formed for statewide office, the civil
penalty may not exceed | 24 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 25 |
| filing violation for filing less than 10 days after the | 26 |
| deadline.
There shall be no fine if the report is mailed and | 27 |
| postmarked at least 72 hours
prior to the filing deadline.
For | 28 |
| the purpose of this subsection, "statewide
office" and "State | 29 |
| officer"
means the Governor, Lieutenant Governor, Attorney | 30 |
| General, Secretary
of State,
Comptroller, and Treasurer.
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| (c-5) A political committee that acts as either (i) a State | 32 |
| and local
political committee or (ii) a local political | 33 |
| committee and that files reports
electronically under Section | 34 |
| 9-28 is not required to file copies of the reports
with the |
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| appropriate county clerk if the county clerk has a system that
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| permits access to, and duplication of, reports that are filed | 3 |
| with the State
Board of Elections. A State and local political | 4 |
| committee or
a local political committee shall file with the | 5 |
| county clerk a copy of its
statement of organization pursuant | 6 |
| to Section 9-3.
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| (d) A copy of each report or statement filed under this | 8 |
| Article
shall be
preserved by the person filing it for a period | 9 |
| of two years from the
date of filing.
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| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 11 |
| 94-645, eff. 8-22-05.)"; and
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| by replacing line 17 on page 40 through line 14 on page 41 with | 13 |
| the following: | 14 |
| "Section 25. The Illinois Procurement Code is amended by | 15 |
| changing Sections 1-15.15, 1-15.100, 15-25, 20-10, 20-30, | 16 |
| 35-15, 35-20, 35-25, 35-30, 35-35, 35-40, 40-15, 50-13, 50-20, | 17 |
| 50-30, and 53-10 and by adding Sections 20-43, 50-37, 50-38, | 18 |
| and 50-39 as follows:
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| (30 ILCS 500/1-15.15)
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| Sec. 1-15.15. Chief Procurement Officer. "Chief
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| Procurement Officer" means:
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| (1) for procurements for construction and | 23 |
| construction-related services
committed by law to the | 24 |
| jurisdiction or responsibility of the Capital
Development | 25 |
| Board, the executive director of the Capital Development Board.
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| (2) for procurements for all construction, | 27 |
| construction-related services,
operation of any facility, and | 28 |
| the provision of any service or activity
committed by law to | 29 |
| the jurisdiction or responsibility of the Illinois
Department | 30 |
| of Transportation, including the direct or reimbursable | 31 |
| expenditure
of all federal funds for which the Department of | 32 |
| Transportation is responsible
or accountable for the use |
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| thereof in accordance with federal law, regulation,
or | 2 |
| procedure, the Secretary of Transportation.
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| (3) for all procurements made by a public institution of | 4 |
| higher education, a
representative designated by the Governor.
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| (4) for all applicable procurements made by a pension fund | 6 |
| or retirements system created under Article 2, 14, 15, 16, or | 7 |
| 18 of the Illinois Pension Code or an investment board created | 8 |
| under Article 22A of the Illinois Pension Code, a | 9 |
| representative designated by the board of trustees of that | 10 |
| pension fund or retirement system or by the Illinois State | 11 |
| Board of Investment, as the case may be, for a total of 6 | 12 |
| pension chiefs of procurement.
| 13 |
| (5)
(4) for all other procurements, the Director of the | 14 |
| Department of Central
Management Services.
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| (Source: P.A. 90-572, eff. 2-6-98.)"; and
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| by replacing line 6 on page 48 through line 14 on page 53 with | 17 |
| the following:
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| "(30 ILCS 500/35-15)
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| Sec. 35-15. Prequalification.
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| (a) The Director of Central Management Services , the | 21 |
| pension chief procurement officers, and the higher education
| 22 |
| chief procurement officer shall each develop appropriate
and | 23 |
| reasonable prequalification standards and categories of | 24 |
| professional and
artistic services.
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| (b) The prequalifications and categorizations shall be | 26 |
| submitted to the
Procurement Policy Board and published for | 27 |
| public comment prior to their
submission to the Joint Committee | 28 |
| on Administrative Rules for approval.
| 29 |
| (c) The Director of Central Management Services , the | 30 |
| pension chief procurement officers, and the higher education
| 31 |
| chief procurement officer shall each also assemble and
maintain | 32 |
| a comprehensive list of prequalified and categorized |
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| businesses and
persons.
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| (d) Prequalification shall not be used to bar or prevent | 3 |
| any qualified
business or person for bidding or responding to | 4 |
| invitations for bid or
proposal.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| (30 ILCS 500/35-20)
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| Sec. 35-20. Uniformity in procurement.
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| (a) The Director of Central Management Services , the | 9 |
| pension chief procurement officers, and the higher education
| 10 |
| chief procurement officer shall each develop, cause to be
| 11 |
| printed, and distribute uniform documents for the | 12 |
| solicitation, review, and
acceptance of all professional and | 13 |
| artistic services.
| 14 |
| (b) All chief procurement officers, State purchasing | 15 |
| officers, and their
designees shall use the appropriate uniform | 16 |
| procedures and forms specified in
this Code for
all | 17 |
| professional and artistic services.
| 18 |
| (c) These forms shall include in detail, in writing, at | 19 |
| least:
| 20 |
| (1) a description of the goal to be achieved;
| 21 |
| (2) the services to be performed;
| 22 |
| (3) the need for the service;
| 23 |
| (4) the qualifications that are necessary; and
| 24 |
| (5) a plan for post-performance review.
| 25 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 26 |
| (30 ILCS 500/35-25)
| 27 |
| Sec. 35-25. Uniformity in contract.
| 28 |
| (a) The Director of Central Management Services , the | 29 |
| pension chief procurement officers, and the higher education
| 30 |
| chief procurement officer shall each develop, cause to be
| 31 |
| printed, and distribute uniform documents for the contracting | 32 |
| of professional
and artistic services.
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| (b) All chief procurement officers, State purchasing | 2 |
| officers, and their
designees shall use the appropriate uniform | 3 |
| contracts and forms in
contracting for all professional and | 4 |
| artistic services.
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| (c) These contracts and forms shall include in detail, in | 6 |
| writing, at least:
| 7 |
| (1) the detail listed in subsection (c) of Section | 8 |
| 35-20;
| 9 |
| (2) the duration of the contract, with a schedule of | 10 |
| delivery, when
applicable;
| 11 |
| (3) the method for charging and measuring cost (hourly, | 12 |
| per day, etc.);
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| (4) the rate of remuneration; and
| 14 |
| (5) the maximum price.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| (30 ILCS 500/35-30)
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| Sec. 35-30. Awards.
| 18 |
| (a) All State contracts for professional and artistic | 19 |
| services, except as
provided in this Section, shall be awarded | 20 |
| using the
competitive request for proposal process outlined in | 21 |
| this Section.
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| (b) For each contract offered, the chief procurement | 23 |
| officer, State
purchasing officer, or his or her designee shall | 24 |
| use the appropriate standard
solicitation
forms
available from | 25 |
| the Department of Central Management Services , a pension chief | 26 |
| procurement officer, or the higher
education chief procurement | 27 |
| officer.
| 28 |
| (c) Prepared forms shall be submitted to the Department of | 29 |
| Central
Management Services , a pension chief procurement | 30 |
| officer, or the higher education chief procurement officer,
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| whichever is appropriate, for
publication in its Illinois | 32 |
| Procurement Bulletin and circulation to the
Department of | 33 |
| Central Management
Services' , the pension chief procurement |
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| officer's, or the higher education chief procurement officer's | 2 |
| list of
prequalified vendors. Notice of the offer or request | 3 |
| for
proposal shall appear at least 14 days before the response | 4 |
| to the offer is due.
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| (d) All interested respondents shall return their | 6 |
| responses to the
Department of Central
Management Services , the | 7 |
| pension chief procurement officer, or the higher education | 8 |
| chief procurement officer,
whichever is appropriate, which | 9 |
| shall open
and record them. The Department , the pension chief | 10 |
| procurement officer, or higher education chief procurement | 11 |
| officer
then shall forward the responses, together
with any
| 12 |
| information it has available about the qualifications and other | 13 |
| State work
of the respondents.
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| (e) After evaluation, ranking, and selection, the | 15 |
| responsible chief
procurement officer, State purchasing | 16 |
| officer, or
his or her designee shall notify the Department of | 17 |
| Central Management Services , the pension chief procurement | 18 |
| officer,
or the higher education chief procurement officer, | 19 |
| whichever is appropriate,
of the successful respondent and | 20 |
| shall forward
a copy of the signed contract for the | 21 |
| Department's , pension chief procurement officer's, or higher | 22 |
| education chief
procurement officer's file. The Department , | 23 |
| the pension chief procurement officer, or higher education | 24 |
| chief
procurement officer shall
publish the names of the
| 25 |
| responsible procurement decision-maker,
the agency letting the | 26 |
| contract, the
successful respondent, a contract reference, and | 27 |
| value of the let contract
in the next appropriate volume of the | 28 |
| Illinois Procurement Bulletin.
| 29 |
| (f) For all professional and artistic contracts with | 30 |
| annualized value
that exceeds $25,000, evaluation and ranking | 31 |
| by price are required. Any chief
procurement officer or State | 32 |
| purchasing officer,
but not their designees, may select an | 33 |
| offeror other than the lowest bidder by
price. In any case, | 34 |
| when the contract exceeds the $25,000 threshold
threshhold and
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| the lowest bidder is not selected, the chief procurement | 2 |
| officer or the State
purchasing officer shall forward together
| 3 |
| with the contract notice of who the low bidder was and a | 4 |
| written decision as
to why another was selected to the | 5 |
| Department of Central Management Services , the pension chief | 6 |
| procurement officer, or
the higher education chief procurement | 7 |
| officer, whichever is appropriate.
The Department , the pension | 8 |
| chief procurement officer, or higher education chief | 9 |
| procurement officer shall publish as
provided in subsection (e) | 10 |
| of Section 35-30,
but
shall include notice of the chief | 11 |
| procurement officer's or State purchasing
officer's written | 12 |
| decision.
| 13 |
| (g) The Department of Central Management Services , the | 14 |
| pension chief procurement officers, and higher education chief
| 15 |
| procurement officer may each refine, but not
contradict, this | 16 |
| Section by promulgating rules
for submission to the Procurement | 17 |
| Policy Board and then to the Joint Committee
on Administrative | 18 |
| Rules. Any
refinement shall be based on the principles and | 19 |
| procedures of the federal
Architect-Engineer Selection Law, | 20 |
| Public Law 92-582 Brooks Act, and the
Architectural, | 21 |
| Engineering, and Land Surveying Qualifications Based Selection
| 22 |
| Act; except that pricing shall be an integral part of the | 23 |
| selection process.
| 24 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5; revised | 25 |
| 10-19-05.)
| 26 |
| (30 ILCS 500/35-35)
| 27 |
| Sec. 35-35. Exceptions.
| 28 |
| (a) Exceptions to Section 35-30 are allowed for sole source | 29 |
| procurements,
emergency procurements, and at the discretion of | 30 |
| the chief procurement officer
or the State purchasing officer, | 31 |
| but not
their designees, for professional and artistic | 32 |
| contracts that are nonrenewable,
one year or less in duration, | 33 |
| and have a value of less than $20,000.
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| (b) All exceptions granted under this Article must still be | 2 |
| submitted to the
Department of Central Management Services , the | 3 |
| appropriate pension chief procurement officer,
or the higher | 4 |
| education chief procurement officer, whichever is appropriate,
| 5 |
| and published as provided for in subsection (f) of Section | 6 |
| 35-30, shall name
the authorizing
chief procurement officer or | 7 |
| State purchasing officer, and shall include a
brief explanation | 8 |
| of the reason for the exception.
| 9 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 10 |
| (30 ILCS 500/35-40)
| 11 |
| Sec. 35-40. Subcontractors.
| 12 |
| (a) Any contract granted under this Article shall state | 13 |
| whether the services
of a subcontractor will be used. The | 14 |
| contract shall include the names and
addresses of all | 15 |
| subcontractors and the expected amount of money each will
| 16 |
| receive under the contract.
| 17 |
| (b) If at any time during the term of a contract, a | 18 |
| contractor adds or
changes any subcontractors, he or she shall | 19 |
| promptly notify, in writing, the
Department of Central | 20 |
| Management Services , the appropriate pension chief procurement | 21 |
| officer, or the higher education chief
procurement officer, | 22 |
| whichever is appropriate, and the
responsible chief | 23 |
| procurement officer, State purchasing officer, or their
| 24 |
| designee of the names and addresses and the
expected amount of | 25 |
| money each new or replaced subcontractor will receive.
| 26 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)"; and
| 27 |
| on page 54, by inserting below line 10 the following: | 28 |
| "(30 ILCS 500/50-13)
| 29 |
| Sec. 50-13. Conflicts of interest.
| 30 |
| (a) Prohibition. It is unlawful for any person holding an
| 31 |
| elective office in this State,
holding a seat in the General |
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| Assembly, or appointed to or
employed in any of the offices or
| 2 |
| agencies of State government and who receives compensation for | 3 |
| such employment
in excess of 60% of the salary of the Governor | 4 |
| of the State of Illinois, or who
is an officer or employee of
| 5 |
| the Capital Development
Board or the Illinois Toll Highway | 6 |
| Authority, or who is the spouse
or minor child of any such
| 7 |
| person to have or acquire any contract, or any direct pecuniary
| 8 |
| interest in any contract therein,
whether for stationery, | 9 |
| printing, paper, or any services,
materials, or supplies, that | 10 |
| will be
wholly or partially satisfied by the payment of funds | 11 |
| appropriated
by the General Assembly of
the State of Illinois | 12 |
| or in any contract of the Capital
Development Board or the | 13 |
| Illinois Toll
Highway Authority.
| 14 |
| (b) Interests. It is unlawful for any firm, partnership,
| 15 |
| association, or corporation, in
which any person listed in | 16 |
| subsection (a) is entitled to receive (i) more than
7 1/2% of | 17 |
| the total
distributable income or (ii) an amount in excess of | 18 |
| the salary of the Governor,
to have or acquire any
such | 19 |
| contract or direct pecuniary interest therein.
| 20 |
| (b-5) Notwithstanding any other provision of law, no person | 21 |
| listed in subsection (a) may receive a legal, banking, | 22 |
| consulting, or other fee related to the issuance of any bond | 23 |
| issued by the State or by any agency or other entity of State | 24 |
| government.
| 25 |
| (c) Combined interests. It is unlawful for any firm, | 26 |
| partnership,
association, or corporation, in which any person | 27 |
| listed in subsection (a)
together with his or her spouse or | 28 |
| minor children is entitled to receive (i)
more than 15%, in the | 29 |
| aggregate, of the total distributable income or (ii) an
amount | 30 |
| in excess of 2 times the salary of the Governor, to have or | 31 |
| acquire any
such contract or direct pecuniary interest therein.
| 32 |
| (c-5) Appointees and firms. In addition to any provisions | 33 |
| of this Code,
the interests of certain
appointees and their | 34 |
| firms are subject to Section 3A-35 of the Illinois
Governmental |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| Ethics Act.
| 2 |
| (d) Securities. Nothing in this Section invalidates the
| 3 |
| provisions of any bond or other
security previously offered or | 4 |
| to be offered for sale or sold by
or for the State of Illinois.
| 5 |
| (e) Prior interests. This Section does not affect the
| 6 |
| validity of any contract made
between the State and an officer | 7 |
| or employee of the State or
member of the General Assembly,
his | 8 |
| or her spouse, minor child, or other immediate family member | 9 |
| living in
his or her residence or any
combination of those | 10 |
| persons
if that contract was in
existence before his or her | 11 |
| election or employment as an officer,
member, or employee. The
| 12 |
| contract is voidable, however, if it cannot be completed within | 13 |
| 365
days after the officer, member,
or employee takes office or | 14 |
| is employed.
| 15 |
| (f) Exceptions.
| 16 |
| (1) Public aid payments. This Section does not apply
to | 17 |
| payments made for a
public aid recipient.
| 18 |
| (2) Teaching. This Section does not apply to a
contract | 19 |
| for personal services as
a teacher or school administrator | 20 |
| between a member of the General
Assembly or his or her
| 21 |
| spouse, or a State officer or employee or his or her | 22 |
| spouse, and
any school district, public community college | 23 |
| district, the University of
Illinois, Southern Illinois | 24 |
| University, Illinois State University, Eastern
Illinois | 25 |
| University, Northern Illinois University, Western Illinois | 26 |
| University,
Chicago State University, Governor State | 27 |
| University, or Northeastern Illinois
University.
| 28 |
| (3) Ministerial duties. This Section does not apply to
| 29 |
| a contract for personal
services of a wholly ministerial | 30 |
| character, including but not
limited to services as a | 31 |
| laborer, clerk,
typist, stenographer, page, bookkeeper, | 32 |
| receptionist, or telephone
switchboard operator, made
by a | 33 |
| spouse or minor child of an elective or appointive State
| 34 |
| officer or employee or of a member
of the General Assembly.
|
|
|
|
09400SB1879ham002 |
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|
| 1 |
| (4) Child and family services. This Section does not
| 2 |
| apply to payments made
to a member of the General Assembly, | 3 |
| a State officer or employee,
his or her spouse or minor
| 4 |
| child acting as a foster parent, homemaker, advocate, or | 5 |
| volunteer
for or in behalf of a child or
family served by | 6 |
| the Department of Children and Family Services.
| 7 |
| (5) Licensed professionals. Contracts with licensed | 8 |
| professionals,
provided they are competitively bid or part | 9 |
| of a reimbursement program for
specific, customary goods | 10 |
| and services through the Department of Children and
Family | 11 |
| Services, the Department of Human Services,
the Department | 12 |
| of Public Aid, the Department of Public Health, or
the | 13 |
| Department on Aging.
| 14 |
| (g) Penalty. A person convicted of a violation of this | 15 |
| Section is guilty of
a business offense and shall be fined not | 16 |
| less than $1,000 nor more than
$5,000.
| 17 |
| (Source: P.A. 93-615, eff. 11-19-03.)"; and
| 18 |
| on page 54, line 16 by inserting after "50-13" the following: | 19 |
| ", except the prohibitions set forth in subsection (b-5) of | 20 |
| Section 50-13, "; and | 21 |
| on page 55, by inserting after line 26 the following: | 22 |
| "(30 ILCS 500/50-38 new) | 23 |
| Sec. 50-38. Disclosure of political contributions. | 24 |
| (a) All offers from responsive bidders or offerors with an | 25 |
| annual value of more than $10,000 shall be accompanied by | 26 |
| disclosure of the political contributions of the contractor, | 27 |
| bidder, or proposer as provided in this Section. The | 28 |
| appropriate chief procurement officer shall ensure that this | 29 |
| disclosure is not used in the awarding of the contract or | 30 |
| selection of the vendor and further ensure that the disclosure | 31 |
| remains confidential until after the contract is awarded or |
|
|
|
09400SB1879ham002 |
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|
| 1 |
| vendor is selected. The disclosure of each successful bidder or | 2 |
| offeror shall become part of the publicly available contract or | 3 |
| procurement file maintained by the appropriate chief | 4 |
| procurement officer, shall be filed with the Comptroller as | 5 |
| part of the filing required pursuant to Section 20-80 of this | 6 |
| Code, and shall be published in the next available volume of | 7 |
| the Illinois Procurement Bulletin. | 8 |
| (b) Disclosure by the responsive bidders or offerors shall | 9 |
| include at least the names and addresses of the contributors | 10 |
| and the dollar amounts of any contributions to the officeholder | 11 |
| responsible for awarding the contract or to any political | 12 |
| committees established to promote the candidacy of such | 13 |
| officeholder made within the previous 2 years by the responsive | 14 |
| bidders or offerors and any affiliated persons or entities. | 15 |
| (c) As used in this Section: | 16 |
| "Contribution" means contribution as defined in Section | 17 |
| 9-1.4 of the Election Code. | 18 |
| "Officeholder" means the Governor, Lieutenant Governor, | 19 |
| Attorney General, Secretary of State, Comptroller, or | 20 |
| Treasurer. The Governor shall be considered the officeholder | 21 |
| responsible for awarding all contracts by all officers and | 22 |
| employees of, and vendors and others doing business with, | 23 |
| executive branch State agencies under the jurisdiction of the | 24 |
| Executive Ethics Commission and not within the jurisdiction of | 25 |
| the Attorney General, the Secretary of State, the Comptroller, | 26 |
| or the Treasurer. | 27 |
| "Sponsoring entity" means sponsoring entity as defined in | 28 |
| Section 9-3 of the Election Code. | 29 |
| "Affiliated person" means (i) any person with any ownership | 30 |
| interest or distributive share of the bidding or contracting | 31 |
| entity in excess of 5%, (ii) executive employees of the bidding | 32 |
| or contracting entity, and (iii) the spouse and minor children | 33 |
| of any such persons. | 34 |
| "Affiliated entity" means (i) any subsidiary of the bidding |
|
|
|
09400SB1879ham002 |
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|
| 1 |
| or contracting entity, (ii) any member of the same unitary | 2 |
| business group, or (iii) any political committee for which the | 3 |
| bidding or contracting entity is the sponsoring entity. | 4 |
| (d) Pursuant to Section 9 of the State Comptroller Act, the | 5 |
| Comptroller may refuse to draw a warrant for payment on any | 6 |
| voucher based on the obligation of any contract if the | 7 |
| disclosures required by this Section are not filed with the | 8 |
| Comptroller. | 9 |
| (e) Notwithstanding subsection (b), contributions to any | 10 |
| candidate that in the aggregate do not exceed $500 within the | 11 |
| previous 2 years do not need to be disclosed. | 12 |
| (f) Any business whose contracts with State agencies under | 13 |
| the jurisdiction and control of one officeholder, in the | 14 |
| aggregate, annually total more than $25,000 is prohibited from | 15 |
| making any contributions to that officeholder responsible for | 16 |
| awarding the contracts or to any political committees | 17 |
| established to promote the candidacy of that officeholder. This | 18 |
| prohibition shall be effective for the current term of office | 19 |
| of the incumbent awarding the contracts, for any future term of | 20 |
| office of the incumbent awarding the contracts, or for a period | 21 |
| of 2 years following the conclusion of the contracts, whichever | 22 |
| is longer. This prohibition shall also apply to contributions | 23 |
| from any affiliated persons or entities. | 24 |
| (g) All contracts between State agencies and a business | 25 |
| that violates subsection (f) shall be voidable under Section | 26 |
| 50-60. | 27 |
| If a business violates subsection (f) 3 or more times | 28 |
| within a 36-month period, then all contracts between State | 29 |
| agencies and that business shall be void, and that business | 30 |
| shall not bid or respond to any invitation to bid or request | 31 |
| for proposals from any State agency or otherwise enter into any | 32 |
| contract with any State agency for 3 years from the date of the | 33 |
| last violation. | 34 |
| A notice of each violation and the penalty imposed shall be |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| published in both the Procurement Bulletin and the Illinois | 2 |
| Register. | 3 |
| (30 ILCS 500/50-39 new)
| 4 |
| Sec. 50-39. Contractor contributions. | 5 |
| (a) The Comptroller shall not honor any contract with a | 6 |
| value of $25,000 or more when a contribution of any amount has | 7 |
| been made or is made on or after the effective date of this | 8 |
| amendatory Act of the 94th General Assembly, to a political | 9 |
| committee organized by or on behalf of the executive, | 10 |
| legislative, or judicial branch constitutional officer whose | 11 |
| office was responsible for awarding the contract by (i) the | 12 |
| contractor, (ii) any of the contractor's affiliated entities or | 13 |
| affiliated persons, or (iii) any other entity or person on | 14 |
| behalf of, at the direction of, or with any portion of a | 15 |
| contribution from a person or entity described in item (i) or | 16 |
| (ii). | 17 |
| (b) For the purpose of this Section: | 18 |
| (1) "Affiliated entity" is defined as that term is | 19 |
| defined in Section 50-38 of this Code. | 20 |
| (2) "Affiliated person" is defined as that term is | 21 |
| defined in Section 50-38 of this Code. | 22 |
| (3) "Contribution" is defined as that term is defined | 23 |
| in Section 9-1.4 of the Election Code. | 24 |
| (4) "Executive branch constitutional officer" means | 25 |
| the Governor, Lieutenant Governor, Attorney General, | 26 |
| Secretary of State, State Comptroller, or State Treasurer. | 27 |
| (5) "Responsible for awarding a contract" means | 28 |
| jurisdiction or control over the chief procurement | 29 |
| officer, associate procurement officer, State purchasing | 30 |
| officer, purchasing agency, or contracting agency, or | 31 |
| their predecessors, that awarded the contract. "; and
| 32 |
| by replacing line 14 on page 56 through line 27 on page 63 with |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| the following:
| 2 |
| "(30 ILCS 605/7.6 new)
| 3 |
| Sec. 7.6. Naming and sponsorship rights; licenses.
| 4 |
| (a) Administrator's authority. The administrator, as | 5 |
| defined in this Section, is authorized to
license naming rights | 6 |
| and sponsorship rights only as provided in this Section.
Naming | 7 |
| rights and sponsorship rights regarding any property or other | 8 |
| asset of the
State to which this Section applies, whether
real, | 9 |
| personal, tangible, or intangible, may not be sold, conveyed, | 10 |
| leased,
licensed, or otherwise granted by the administrator or | 11 |
| by any other officer,
employee, or agent of
the State except as | 12 |
| provided in this Section. Naming and sponsorship rights are | 13 |
| subject to all other applicable statutes that are not | 14 |
| inconsistent with the provisions of this Section; to the extent | 15 |
| of any conflict, however, this Section controls.
| 16 |
| (b) Certain properties and other assets; no license. Naming | 17 |
| rights and sponsorship rights may not be
licensed with respect | 18 |
| to (i) any of the following or (ii) any property or other asset | 19 |
| associated with any of the following:
| 20 |
| (1) the State Capitol Building in Springfield, | 21 |
| Illinois;
| 22 |
| (2) the Old State Capitol Building in Springfield, | 23 |
| Illinois;
| 24 |
| (3) the Vandalia State House in Vandalia, Illinois;
| 25 |
| (4) the Executive Mansion in Springfield, Illinois;
| 26 |
| (5) the Executive Mansion, also known as the Hayes | 27 |
| House, in Du Quoin,
Illinois;
| 28 |
| (6) the Abraham Lincoln Home in Springfield, Illinois, | 29 |
| if it becomes State
real property not under the | 30 |
| jurisdiction of the federal government;
| 31 |
| (7) the Lincoln Tomb in Springfield, Illinois;
| 32 |
| (8) the Abraham Lincoln Presidential Library and | 33 |
| Museum in
Springfield, Illinois;
|
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| (9) all present and future Abraham Lincoln sites not | 2 |
| otherwise listed;
| 3 |
| (10) all Illinois homes of all past, present, or future | 4 |
| United States
Presidents who have resided, currently | 5 |
| reside, or in the future will reside in
the State of | 6 |
| Illinois;
| 7 |
| (11) the burial sites of all past, present, or future | 8 |
| United States
Presidents;
| 9 |
| (12) the Illinois State Museum in Springfield, | 10 |
| Illinois;
| 11 |
| (13) any State property or other asset identified or | 12 |
| named for a specific
individual by Joint Resolution of the | 13 |
| General Assembly or by statute as of the
effective
date of | 14 |
| this Section or later; and
| 15 |
| (14) any other State property or asset that on the | 16 |
| effective date of this
Section or later is designated a | 17 |
| National Historic Landmark, listed as a State
Historic
Site | 18 |
| under Section 6 of the Historic Preservation Agency Act, or | 19 |
| listed on
either the
Illinois Register of Historic Places | 20 |
| or the National Register of Historic
Places.
| 21 |
| (c) Terms and conditions of licenses. A license of naming | 22 |
| rights or
sponsorship rights (i) may have a
term of no
more | 23 |
| than 10 years and shall include a termination option in favor | 24 |
| of the State after 5 years, (ii) is non-transferable, and (iii) | 25 |
| is non-renewable (at the end of a
term of a license, however, | 26 |
| the licensee is eligible to compete for a new
license as
| 27 |
| provided in subsection (d)). The licensee
shall have the
| 28 |
| authority to place signs, placards, imprints, or other | 29 |
| identifying information only on the properties or other assets | 30 |
| specified
in the license and
only during the term of the | 31 |
| license. The signs, placards, imprints, or other identifying | 32 |
| information may contain nothing
other than the
name of the | 33 |
| licensee, the licensee's logo, or both, except that with the
| 34 |
| written approval of the administrator they may contain other |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| authorized material. The
license may, but need
not, require the | 2 |
| State
to refer to a property or other asset by the name of the | 3 |
| licensee during the term
of the license, all within reasonable | 4 |
| limitations and other than in statutes,
rules, and existing | 5 |
| supplies of forms and other documents. No naming or sponsorship | 6 |
| right, however, may be characterized or treated as "official" | 7 |
| or in a similar fashion. If a
licensee materially breaches any | 8 |
| term of a license and the Executive Ethics
Commission | 9 |
| recommends that the license be revoked, then the administrator | 10 |
| may
declare the license
revoked. At least 25% of the total | 11 |
| amount of license fees must be paid prior to the commencement | 12 |
| of the term of
the license. Any balance shall be paid on a | 13 |
| periodic schedule agreed to by the administrator. All fees are
| 14 |
| non-refundable. Fees shall be deposited into the General | 15 |
| Revenue Fund, except that, if a fund or account has been | 16 |
| designated in a license granted by an administrator designated | 17 |
| by the Attorney General, the Secretary of State, the | 18 |
| Comptroller, or the Treasurer, then fees under the applicable | 19 |
| license shall be deposited into the designated fund or account.
| 20 |
| (d) Competitive negotiation. A license of naming rights or
| 21 |
| sponsorship rights may be granted only on the basis of the | 22 |
| highest and best
competitively negotiated proposal that yields | 23 |
| the most advantageous benefits and considerations to the State. | 24 |
| The administrator shall give notice that
the administrator will | 25 |
| accept proposals for the licensing of naming rights or
| 26 |
| sponsorship rights with respect to any one or more specified | 27 |
| properties or other assets by
publication in the Illinois | 28 |
| Procurement Bulletin not less than 7 business days before
the | 29 |
| day upon which proposals will be accepted. The administrator | 30 |
| shall give such other notice
as the administrator deems | 31 |
| appropriate. Proposals shall not be sealed and
shall be part of | 32 |
| the public record. The administrator shall conduct open,
| 33 |
| competitive negotiations with those who have submitted | 34 |
| proposals in order
to obtain the highest and best competitively |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| negotiated proposal that yields the most advantageous benefits | 2 |
| and considerations to the State. The administrator may give | 3 |
| notice of and negotiate multiple licenses for identical naming | 4 |
| or sponsorship rights as part of a single notice, negotiation, | 5 |
| and licensing process. In the case of naming or sponsorship | 6 |
| rights for a single event or a continuous series of related | 7 |
| events, the administrator may grant multiple licenses not based | 8 |
| on the standard of "highest and best" proposals if the end | 9 |
| result is the most beneficial to the State. If a
proposal | 10 |
| satisfactory to the administrator is not negotiated, the | 11 |
| administrator
may give notice as provided in this subsection | 12 |
| and accept additional
proposals.
| 13 |
| Subject to the provisions of this Section, the
| 14 |
| administrator shall have all power necessary to grant the | 15 |
| license and enter
into any agreements
and execute any documents | 16 |
| necessary to exercise the authority granted by this
Section. | 17 |
| The
administrator shall have authority to order such surveys, | 18 |
| abstracts of title,
or commitments for
title insurance as may, | 19 |
| in the administrator's reasonable discretion, be deemed
| 20 |
| necessary to demonstrate
good and marketable title to the | 21 |
| naming rights or sponsorship rights.
| 22 |
| (e) Personal gifts. If one or more natural persons, as | 23 |
| such, make a gift, bequest, or devise to a State officer or | 24 |
| entity to which this Section applies and that does not result | 25 |
| in any pecuniary benefit (other than a tax benefit) to the | 26 |
| person or persons, then, at the request of the administrator | 27 |
| and with the approval of the Executive Ethics Commission in the | 28 |
| same manner as provided in subsection (f), the administrator | 29 |
| may grant naming rights, sponsorship rights, or both, so long | 30 |
| as the rights are of no pecuniary benefit to the person or | 31 |
| persons, subject only to the limitations in subsection (c) on | 32 |
| identifying information and characterization as "official" or | 33 |
| in a similar fashion. The sole purpose of the gift, bequest, or | 34 |
| devise must be to assist the recipient in fulfilling the |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| recipient's core mission or purpose.
| 2 |
| (f) Approval by Executive Ethics Commission. Upon | 3 |
| determining to grant a license, the
administrator must, within | 4 |
| 15 calendar days,
deliver a written notice setting forth all of | 5 |
| the pertinent facts relating to
the proposal, proposer, and | 6 |
| proposed license to the Executive Ethics Commission. A license | 7 |
| shall not be granted unless approved in advance by the | 8 |
| Commission. If the
administrator
proposes to amend an existing | 9 |
| license, the administrator must deliver notice of
the proposed | 10 |
| amendment to
the Commission within 15 calendar days, and the | 11 |
| amendment shall not be made unless approved in advance by the | 12 |
| Commission. The Commission's review shall be based solely on | 13 |
| ethical and ethics related standards imposed by the law and on | 14 |
| avoiding the appearance of impropriety. The Commission's | 15 |
| approval shall not be unreasonably withheld.
| 16 |
| Within 40 calendar days after its actual receipt from the | 17 |
| administrator of notice of a proposed license or amendment to a | 18 |
| license, the Commission shall either approve or disapprove the | 19 |
| proposed license or amendment and shall notify the | 20 |
| administrator and other parties to the proposed license or | 21 |
| amendment of its decision. The Commission may, in its | 22 |
| discretion and before the running of the time period in which | 23 |
| it must make a decision, grant itself one extension of up to an | 24 |
| additional 40 calendar days in which to make a decision by | 25 |
| notifying the administrator and other parties to the proposed | 26 |
| license or amendment. If the Commission requests additional or | 27 |
| supplemental information from the administrator or a party to | 28 |
| the proposed license or amendment, the running of the time | 29 |
| limit in which the Commission must make its decision is | 30 |
| suspended, and the 40-day period begins anew when the | 31 |
| information is delivered to the Commission. If the Commission | 32 |
| fails to render a decision within the applicable time period, | 33 |
| the proposed license or amendment is deemed approved.
| 34 |
| (g) Rules. Each administrator and the Executive Ethics |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| Commission may,
separately, adopt rules to implement their | 2 |
| several functions under this
Section. The rules may
not, | 3 |
| however, waive or provide for the waiver of any of the | 4 |
| requirements of
this Section except as provided in this | 5 |
| subsection. The Executive Ethics Commission may adopt rules | 6 |
| authorizing the administrator to grant licenses without | 7 |
| pre-approval under subsection (f), but the rules must specify, | 8 |
| by category, those emergency and other extenuating situations | 9 |
| in which pre-approval is waived, must provide for prompt review | 10 |
| by the Commission after the granting of the license, and may | 11 |
| contain other provisions the Commission deems necessary to | 12 |
| prevent abuse of this procedure.
| 13 |
| (h) Blind vendors. The provisions of this Section are | 14 |
| subject to, and do not supersede, any of the provisions of the | 15 |
| Blind Persons Operating Vending Facilities Act, any other State | 16 |
| or federal law granting preference to blind persons, or any | 17 |
| rules or regulations adopted pursuant to any of those laws.
| 18 |
| (i) Small consideration. If the value of the consideration | 19 |
| for an individual naming or sponsorship right does not exceed | 20 |
| $25,000, the administrator may grant the right, subject only to | 21 |
| the limitations in subsection (c) on identifying information | 22 |
| and characterization as "official" or in a similar fashion, but | 23 |
| the administrator must deliver a written notice giving the | 24 |
| details to the Executive Ethics Commission at least one full | 25 |
| business day before the administrator agrees to grant the | 26 |
| right. Naming or sponsorship rights shall not be artificially | 27 |
| divided in an attempt to qualify under this subsection.
| 28 |
| (j) Applicability. This Section does not apply to naming | 29 |
| rights and sponsorship rights with respect to property or other | 30 |
| assets under the jurisdiction and control of (i) the | 31 |
| legislative branch or the judicial branch of the State or (ii) | 32 |
| a public institution of higher education, as defined in Section | 33 |
| 1 of the Board of Higher Education Act. This Section applies to | 34 |
| all naming rights and sponsorship rights granted with respect |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| to the State Fair, as defined in Section 2 of the State Fair | 2 |
| Act, on or after January 1, 2006. This Section applies to all | 3 |
| other naming rights and sponsorship rights granted on or after | 4 |
| the effective date of this amendatory Act of the 94th General | 5 |
| Assembly.
| 6 |
| (k) Retention of records. The administrator must maintain | 7 |
| all records relating to (i) each license of naming rights or | 8 |
| sponsorship rights for at least 7 years after the expiration of | 9 |
| the term of the license and (ii) each proposal for naming | 10 |
| rights or sponsorship rights that does not result in a license | 11 |
| being granted to the proposer for at least 7 years after the | 12 |
| proposal was submitted.
| 13 |
| (l) Definitions. In this Section:
| 14 |
| Notwithstanding Section 1.03 of this Act, in this Section | 15 |
| "administrator" means (i) an officer or employee designated by | 16 |
| the Attorney General with respect to the property and other | 17 |
| assets under the jurisdiction and control of the Attorney | 18 |
| General; (ii) an officer or employee designated by the | 19 |
| Secretary of State with respect to the property and other | 20 |
| assets under the jurisdiction and control of the Secretary of | 21 |
| State; (iii) an officer or employee designated by the | 22 |
| Comptroller with respect to the property and other assets under | 23 |
| the jurisdiction and control of the Comptroller; (iv) an | 24 |
| officer or employee designated by the Treasurer with respect to | 25 |
| the property and other assets under the jurisdiction and | 26 |
| control of the Treasurer; and (v) the Director of Central | 27 |
| Management Services with respect to all other property and | 28 |
| other assets to which this Section applies.
| 29 |
| "Naming rights" means the right to associate the name
or | 30 |
| identifying mark of any person or entity with the name or | 31 |
| identity of any
State property or other asset.
| 32 |
| "Sponsorship rights" means the right
to associate the name | 33 |
| or identifying mark of any person or entity
with
any State | 34 |
| program or event
on the
grounds of, in, or with respect to any |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| State property or other asset.
| 2 |
| (m) This Section shall be construed to ensure that all | 3 |
| naming and sponsorship rights are strictly controlled under the | 4 |
| terms of this Section.
| 5 |
| (n) Severability. The provisions of this Section are | 6 |
| severable under Section
1.31 of the
Statute on Statutes. "; and
| 7 |
| on page 63, in line 31 by deleting "1-135,"; and | 8 |
| by replacing line 8 on page 67 through line 31 on page 70 with | 9 |
| the following:
| 10 |
| "(40 ILCS 5/1-113.5)
| 11 |
| Sec. 1-113.5. Investment advisers and investment services.
| 12 |
| (a) The board of trustees of a pension fund or retirement | 13 |
| system may appoint investment advisers
as defined in Section | 14 |
| 1-101.4. The board of any pension fund investing in
common or | 15 |
| preferred stock under Section 1-113.4 shall appoint an | 16 |
| investment
adviser before making such investments.
| 17 |
| The investment adviser shall be a fiduciary, as defined in | 18 |
| Section 1-101.2,
with respect to the pension fund or retirement | 19 |
| system and shall be one of the following:
| 20 |
| (1) an investment adviser registered under the federal | 21 |
| Investment Advisers
Act of 1940 and the Illinois Securities | 22 |
| Law of 1953;
| 23 |
| (2) a bank or trust company authorized to conduct a | 24 |
| trust business in
Illinois;
| 25 |
| (3) a life insurance company authorized to transact | 26 |
| business in Illinois;
or
| 27 |
| (4) an investment company as defined and registered | 28 |
| under the federal
Investment Company Act of 1940 and | 29 |
| registered under the Illinois Securities Law
of 1953.
| 30 |
| (a-3) Notwithstanding any other provision of law, a | 31 |
| contract awarded to a person to provide consulting services |
|
|
|
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| 1 |
| with respect to selection of an investment advisor (referred to | 2 |
| in this Section as a "consultant") shall not exceed 5 years in | 3 |
| duration. | 4 |
| (a-5) For the board of trustees of a pension fund or | 5 |
| retirement system created under Article 2, 14, 15, 16, or 18, | 6 |
| the selection and appointment of an investment adviser or | 7 |
| consultant and the contracting for investment services by an | 8 |
| investment adviser constitute procurements of professional and | 9 |
| artistic services under the Illinois Procurement Code that must | 10 |
| be made and awarded in accordance with and through the use of | 11 |
| the method of selection required by Article 35 of that Code. | 12 |
| For the board of trustees of a pension fund or retirement | 13 |
| system created under any other Article of this Code, the | 14 |
| selection and appointment of an investment adviser or | 15 |
| consultant and the contracting for investment services by an | 16 |
| investment adviser constitute procurements that must be made | 17 |
| and awarded in a manner substantially similar to the method of | 18 |
| selection required for the procurement of professional and | 19 |
| artistic services under Article 35 of the Illinois Procurement | 20 |
| Code.
| 21 |
| (b) All investment advice and services provided by an | 22 |
| investment adviser
appointed under this Section shall be (i)
| 23 |
| rendered pursuant to a written contract
between the investment | 24 |
| adviser and the board , awarded as provided in subsection (a-5) , | 25 |
| and (ii) in accordance with the
board's investment policy.
| 26 |
| The contract shall include all of the following:
| 27 |
| (1) acknowledgement in writing by the investment | 28 |
| adviser that he or she
is a fiduciary with respect to the | 29 |
| pension fund or retirement system ;
| 30 |
| (2) the board's investment policy;
| 31 |
| (3) full disclosure of direct and indirect fees, | 32 |
| commissions, penalties,
and any other compensation that | 33 |
| may be received by the investment adviser,
including | 34 |
| reimbursement for expenses; and
|
|
|
|
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| 1 |
| (4) a requirement that the investment adviser submit | 2 |
| periodic written
reports, on at least a quarterly basis, | 3 |
| for the board's review at its regularly
scheduled meetings. | 4 |
| All returns on investment shall be reported as net returns
| 5 |
| after payment of all fees, commissions, and any other | 6 |
| compensation.
| 7 |
| (b-5) Each contract described in subsection (b) shall also | 8 |
| include (i) full disclosure of direct and indirect fees, | 9 |
| commissions, penalties, and other compensation, including | 10 |
| reimbursement for expenses, that may be paid by or on behalf of | 11 |
| the investment adviser in connection with the provision of | 12 |
| investment services and (ii) a requirement that the investment | 13 |
| adviser update the disclosure promptly after a modification of | 14 |
| those payments or an additional payment. | 15 |
| Within 30 days after the effective date of this amendatory | 16 |
| Act of the 94th General Assembly, each investment adviser | 17 |
| currently providing investment services or subject to an | 18 |
| existing contract for the provision of investment services must | 19 |
| disclose to the board of trustees all direct and indirect fees, | 20 |
| commissions, penalties, and other compensation paid by or on | 21 |
| behalf of the investment adviser in connection with the | 22 |
| provision of those investment services and shall update that | 23 |
| disclosure promptly after a modification of those payments or | 24 |
| an additional payment.
| 25 |
| A person required to make a disclosure under subsection (d) | 26 |
| is also required to disclose direct and indirect fees, | 27 |
| commissions, penalties, or other compensation that shall or may | 28 |
| be paid by or on behalf of the person in connection with the | 29 |
| rendering of the investment services. The person shall update | 30 |
| the disclosure promptly after a modification of those payments | 31 |
| or an additional payment. | 32 |
| The disclosures required by this subsection shall be in | 33 |
| writing and shall include the date and amount of each payment | 34 |
| and the name and address of each recipient of a payment.
|
|
|
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| 1 |
| (c) Within 30 days after appointing an investment adviser, | 2 |
| the board shall
submit a copy of the contract to the Division
| 3 |
| Department of Insurance of the Department of Financial and | 4 |
| Professional Regulation .
| 5 |
| (d) Investment services provided by a person other than an | 6 |
| investment
adviser appointed under this Section, including but | 7 |
| not limited to services
provided by the kinds of persons listed | 8 |
| in items (1) through (4) of subsection
(a), shall be rendered | 9 |
| only after full written disclosure of direct and
indirect fees, | 10 |
| commissions, penalties, and any other compensation that shall | 11 |
| or
may be received by the person rendering those services.
| 12 |
| (e) The board of trustees of each pension fund or | 13 |
| retirement system shall retain records of
investment | 14 |
| transactions in accordance with the rules of the Department of
| 15 |
| Insurance.
| 16 |
| (f) This subsection applies to the board of trustees of a | 17 |
| pension fund or retirement system created under Article 2, 14, | 18 |
| 15, 16, or 18. Notwithstanding any other provision of law, a | 19 |
| board of trustees shall comply with the Business Enterprise for | 20 |
| Minorities, Females, and Persons with Disabilities Act. The | 21 |
| board of trustees shall post upon its website the percentage of | 22 |
| its contracts awarded under this Section currently and during | 23 |
| the preceding 5 fiscal years that were awarded to "minority | 24 |
| owned businesses", "female owned businesses", and "businesses | 25 |
| owned by a person with a disability", as those terms are | 26 |
| defined in the Business Enterprise for Minorities, Females, and | 27 |
| Persons with Disabilities Act.
| 28 |
| (Source: P.A. 90-507, eff. 8-22-97.)"; and
| 29 |
| by deleting line 28 on page 71 through line 33 on page 72; and | 30 |
| by replacing line 1 on page 76 through line 15 on page 78 with | 31 |
| the following:
|
|
|
|
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|
| 1 |
| "(40 ILCS 5/22A-111) (from Ch. 108 1/2, par. 22A-111)
| 2 |
| Sec. 22A-111. Duties and responsibilities.
| 3 |
| (a) The Board shall manage the investments of any pension
| 4 |
| fund, retirement system or education fund for the purpose
of | 5 |
| obtaining a total return on
investments for the long term. It | 6 |
| also shall perform such other functions as
may be assigned or | 7 |
| directed by the General Assembly.
| 8 |
| (b) The authority of the board to manage pension fund | 9 |
| investments and the
liability shall begin when there has been a | 10 |
| physical transfer of the pension
fund investments to the board | 11 |
| and placed in the custody of the State Treasurer.
| 12 |
| (c) The authority of the board to manage monies from the | 13 |
| education fund for
investment and the liability of the board | 14 |
| shall begin when there has been a
physical transfer of | 15 |
| education fund investments to the board and placed in
the | 16 |
| custody of the State Treasurer.
| 17 |
| (d) The board may not delegate its management functions but | 18 |
| it may arrange
to compensate for personalized investment | 19 |
| advisory service
for any or all investments under its control, | 20 |
| with any national or state bank
or trust company authorized to | 21 |
| do a trust business and domiciled in Illinois,
or other | 22 |
| financial institution organized under the laws of Illinois, or | 23 |
| an
investment advisor who is qualified under Federal Investment | 24 |
| Advisors Act of 1940
and is registered under the Illinois | 25 |
| Securities Law of 1953. Nothing contained
herein shall prevent | 26 |
| the Board from subscribing to general investment research
| 27 |
| services available for purchase or use by others. The Board | 28 |
| shall also have
the authority to compensate for accounting | 29 |
| services.
| 30 |
| (e) The selection of an investment advisor and consultants | 31 |
| and the contracting for investment services by an investment | 32 |
| advisor constitute procurements of professional and artistic | 33 |
| services under the Illinois Procurement Code that must be made | 34 |
| and awarded in accordance with and through the use of the |
|
|
|
09400SB1879ham002 |
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LRB094 09182 JAM 50137 a |
|
| 1 |
| method of selection required by Article 35 of that Code. | 2 |
| Notwithstanding any other provision of law, a contract | 3 |
| awarded to a person to provide consulting services with respect | 4 |
| to selection of an investment advisor (referred to in this | 5 |
| subsection as a "consultant") shall not exceed 5 years in | 6 |
| duration.
| 7 |
| In addition to any other requirement, each contract between | 8 |
| the Board and an investment advisor shall include (i) full | 9 |
| disclosure of direct and indirect fees, commissions, | 10 |
| penalties, and other compensation, including reimbursement for | 11 |
| expenses, that may be paid by or on behalf of the investment | 12 |
| advisor in connection with the provision of investment services | 13 |
| and (ii) a requirement that the investment advisor update the | 14 |
| disclosure promptly after a modification of those payments or | 15 |
| an additional payment. | 16 |
| Within 30 days after the effective date of this amendatory | 17 |
| Act of the 94th General Assembly, each investment advisor | 18 |
| currently providing investment services or subject to an | 19 |
| existing contract for the provision of investment services must | 20 |
| disclose to the Board all direct and indirect fees, | 21 |
| commissions, penalties, and other compensation paid by or on | 22 |
| behalf of the investment advisor in connection with the | 23 |
| provision of those investment services and shall update that | 24 |
| disclosure promptly after a modification of those payments or | 25 |
| an additional payment. | 26 |
| The disclosures required by this subsection shall be in | 27 |
| writing and shall include the date and amount of each payment | 28 |
| and the name and address of each recipient of a payment. | 29 |
| Notwithstanding any other provision of law, the Board shall | 30 |
| comply with the Business Enterprise for Minorities, Females, | 31 |
| and Persons with Disabilities Act. The Board shall post upon | 32 |
| its website the percentage of its contracts awarded under this | 33 |
| subsection currently and during the preceding 5 fiscal years | 34 |
| that were awarded to "minority owned businesses", "female owned |
|
|
|
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| 1 |
| businesses", and "businesses owned by a person with a | 2 |
| disability", as those terms are defined in the Business | 3 |
| Enterprise for Minorities, Females, and Persons with | 4 |
| Disabilities Act.
| 5 |
| (Source: P.A. 84-1127.)".
|
|