Full Text of SB0761 95th General Assembly
SB0761ham001 95TH GENERAL ASSEMBLY
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Elections & Campaign Reform Committee
Filed: 1/8/2009
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| AMENDMENT TO SENATE BILL 761
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| AMENDMENT NO. ______. Amend Senate Bill 761 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Section 9-35 as follows: | 6 |
| (10 ILCS 5/9-35)
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| Sec. 9-35. Registration of business entities. | 8 |
| (a) This Section governs the procedures for the | 9 |
| registration required under Section 20-160 of the Illinois | 10 |
| Procurement Code. | 11 |
| For the purposes of this Section, the terms "officeholder", | 12 |
| "State contract", "business entity", "State agency", | 13 |
| "affiliated entity", and "affiliated person" have the meanings | 14 |
| ascribed to those terms in Section 50-37 of the Illinois | 15 |
| Procurement Code. | 16 |
| (b) Registration under Section 20-160 of the Illinois |
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| Procurement Code, and any changes to that registration, must be | 2 |
| made electronically , and the . The State Board of Elections by | 3 |
| rule shall provide for electronic registration ; except that the | 4 |
| State Board may adopt emergency rules providing for a temporary | 5 |
| filing system, effective through August 1, 2009, under which | 6 |
| business entities must file the required registration forms | 7 |
| provided by the Board via e-mail attachment in a PDF file or | 8 |
| via another type of mail service and must receive from the | 9 |
| State Board registration certificates via e-mail or paper | 10 |
| registration certificates. The State Board shall retain the | 11 |
| registrations submitted by business entities via e-mail or | 12 |
| another type of mail service for at least 6 months following | 13 |
| the establishment of the electronic registration system | 14 |
| required by this subsection. | 15 |
| Each registration , which must contain substantially the | 16 |
| following: | 17 |
| (1) The name and address of the business entity. | 18 |
| (2) The name and address of any affiliated entity of | 19 |
| the business entity, including a description of the | 20 |
| affiliation. | 21 |
| (3) The name and address of any affiliated person of | 22 |
| the business entity, including a description of the | 23 |
| affiliation. | 24 |
| (c) The Board shall provide a certificate of registration | 25 |
| to the business entity. The certificate shall be electronic , | 26 |
| except as otherwise provided in this Section, and accessible to |
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| the business entity through the State Board of Elections' | 2 |
| website and protected by a password. Within 60 days after | 3 |
| establishment of the
electronic system, each business entity | 4 |
| that submitted a registration via e-mail attachment or paper | 5 |
| copy pursuant to this Section shall re-submit its registration | 6 |
| electronically. At the time of re-submission, the State Board | 7 |
| of Elections shall provide an electronic certificate of | 8 |
| registration to that business entity. | 9 |
| (d) Any business entity required to register under Section | 10 |
| 20-160 of the Illinois Procurement Code shall provide a copy of | 11 |
| the registration certificate, by first class mail or hand | 12 |
| delivery within 10 days after registration, to each affiliated | 13 |
| entity or affiliated person whose identity is required to be | 14 |
| disclosed. Failure to provide notice to an affiliated entity or | 15 |
| affiliated person is a business offense for which the business | 16 |
| entity is subject to a fine not to exceed $1,001. | 17 |
| (e) In addition to any penalty under Section 20-160 of the | 18 |
| Illinois Procurement Code, intentional, willful, or material | 19 |
| failure to disclose information required for registration is | 20 |
| subject to a civil penalty imposed by the State Board of | 21 |
| Elections. The State Board shall impose a civil penalty of | 22 |
| $1,000 per business day for failure to update a registration. | 23 |
| (f) Any business entity required to register under Section | 24 |
| 20-160 of the Illinois Procurement Code shall notify any | 25 |
| political committee to which it makes a contribution, at the | 26 |
| time of the contribution, that the business entity is |
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| registered with the State Board of Elections under Section | 2 |
| 20-160 of the Illinois Procurement Code. Any affiliated entity | 3 |
| or affiliated person of a business entity required to register | 4 |
| under Section 20-160 of the Illinois Procurement Code shall | 5 |
| notify any political committee to which it makes a contribution | 6 |
| that it is affiliated with a business entity registered with | 7 |
| the State Board of Elections under Section 20-160 of the | 8 |
| Illinois Procurement Code. | 9 |
| (g) The State Board of Elections on its official website | 10 |
| shall have a searchable database containing (i) all information | 11 |
| required to be submitted to the Board under Section 20-160 of | 12 |
| the Illinois Procurement Code and (ii) all reports filed under | 13 |
| this Article with the State Board of Elections by all political | 14 |
| committees. For the purposes of databases maintained by the | 15 |
| State Board of Elections, "searchable" means able to search by | 16 |
| "political committee", as defined in this Article, and by | 17 |
| "officeholder", "State agency", "business entity", "affiliated | 18 |
| entity", and "affiliated person". The Board shall not place the | 19 |
| name of a minor child on the website. However, the Board shall | 20 |
| provide a link to all contributions made by anyone reporting | 21 |
| the same residential address as any affiliated person. In | 22 |
| addition, the State Board of Elections on its official website | 23 |
| shall provide an electronic connection to any searchable | 24 |
| database of State contracts maintained by the Comptroller, | 25 |
| searchable by business entity. | 26 |
| (h) The State Board of Elections shall have rulemaking |
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| authority to implement this Section.
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| (Source: P.A. 95-971, eff. 1-1-09.) | 3 |
| Section 10. The Illinois Procurement Code is amended by | 4 |
| changing Section 50-37 as follows: | 5 |
| (30 ILCS 500/50-37) | 6 |
| Sec. 50-37. Prohibition of political contributions. | 7 |
| (a) As used in this Section: | 8 |
| The terms "contract", "State contract", and "contract | 9 |
| with a State agency" each mean any contract, as defined in | 10 |
| this Code, between a business entity and a State agency let | 11 |
| or awarded pursuant to this Code. The terms "contract", | 12 |
| "State contract", and "contract with a State agency" do not | 13 |
| include cost reimbursement contracts; purchase of care | 14 |
| agreements as defined in Section 1-15.68 of this Code; | 15 |
| contracts for projects eligible for full or partial | 16 |
| federal-aid funding reimbursements authorized by the | 17 |
| Federal Highway Administration; grants, including but are | 18 |
| not limited to grants for job training or transportation; | 19 |
| and grants, loans, or tax credit agreements for economic | 20 |
| development purposes. | 21 |
| "Contribution" means a contribution as defined in | 22 |
| Section 9-1.4 of the Election Code. | 23 |
| "Declared candidate" means a person who has filed a | 24 |
| statement of candidacy and petition for nomination or |
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| election in the principal office of the State Board of | 2 |
| Elections. | 3 |
| "State agency" means and includes all boards, | 4 |
| commissions, agencies, institutions, authorities, and | 5 |
| bodies politic and corporate of the State, created by or in | 6 |
| accordance with the Illinois Constitution or State | 7 |
| statute, of the executive branch of State government and | 8 |
| does include colleges, universities,
public employee | 9 |
| retirement systems, and institutions under the | 10 |
| jurisdiction of the governing boards of the University of | 11 |
| Illinois, Southern Illinois University, Illinois State | 12 |
| University, Eastern Illinois University, Northern Illinois | 13 |
| University, Western Illinois University, Chicago State | 14 |
| University, Governors State University, Northeastern | 15 |
| Illinois University, and the Illinois Board of Higher | 16 |
| Education. | 17 |
| "Officeholder" means the Governor, Lieutenant | 18 |
| Governor, Attorney General, Secretary of State, | 19 |
| Comptroller, or Treasurer. The Governor shall be | 20 |
| considered the officeholder responsible for awarding all | 21 |
| contracts by all officers and employees of, and vendors and | 22 |
| others doing business with, executive branch State | 23 |
| agencies under the jurisdiction of the Executive Ethics | 24 |
| Commission and not within the jurisdiction of the Attorney | 25 |
| General, the Secretary of State, the Comptroller, or the | 26 |
| Treasurer. |
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| "Sponsoring entity" means a sponsoring entity as | 2 |
| defined in Section 9-3 of the Election Code. | 3 |
| "Affiliated person" means (i) any person with any | 4 |
| ownership
interest or distributive share of the bidding or | 5 |
| contracting business entity in excess of 7.5%, (ii) | 6 |
| executive employees of the bidding or contracting business | 7 |
| entity, and (iii) the spouse and minor children of any such | 8 |
| persons. | 9 |
| "Affiliated entity" means (i) any subsidiary of the | 10 |
| bidding or contracting business entity, (ii) any member of | 11 |
| the same unitary business group, (iii) any organization | 12 |
| recognized by the United States Internal Revenue Service as | 13 |
| a tax-exempt organization described in Section 501(c) of | 14 |
| the Internal Revenue Code of 1986 (or any successor | 15 |
| provision of federal tax law) established by the bidding or | 16 |
| contracting business entity, any affiliated entity of that | 17 |
| business entity, or any affiliated person of that business | 18 |
| entity, or (iv) any political committee for which the | 19 |
| bidding or contracting business entity, or any 501(c) | 20 |
| organization described in item (iii) related to that | 21 |
| business entity, is the sponsoring entity. | 22 |
| "Business entity" means any entity doing business for | 23 |
| profit, whether organized as a corporation, partnership, | 24 |
| sole proprietorship, limited liability company or | 25 |
| partnership, or otherwise. | 26 |
| "Executive employee" means the President, Chairman, |
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| Chief Executive Officer, or other employee with executive | 2 |
| decision-making authority over the long-term and | 3 |
| day-to-day affairs of the entity employing the employee, or | 4 |
| an employee whose compensation is determined directly, in | 5 |
| whole or in part, by the award or payment of contracts by a | 6 |
| State agency to the entity employing the employee. | 7 |
| (b) Any business entity whose contracts with State | 8 |
| agencies, in the aggregate, annually total more than $50,000, | 9 |
| and any affiliated entities or affiliated persons of such | 10 |
| business entity, are prohibited from making any contributions | 11 |
| to any political committees established to promote the | 12 |
| candidacy of (i) the officeholder responsible for awarding the | 13 |
| contracts or (ii) any other declared candidate for that office. | 14 |
| This prohibition shall be effective for the duration of the | 15 |
| term of office of the incumbent officeholder awarding the | 16 |
| contracts or for a period of 2 years following the expiration | 17 |
| or termination of the contracts, whichever is longer. | 18 |
| (c) Any business entity whose aggregate pending bids and | 19 |
| proposals on State contracts total more than $50,000, or whose | 20 |
| aggregate pending bids and proposals on State contracts | 21 |
| combined with the business entity's aggregate annual total | 22 |
| value of State contracts exceed $50,000, and any affiliated | 23 |
| entities or affiliated persons of such business entity, are | 24 |
| prohibited from making any contributions to any political | 25 |
| committee
established to promote the candidacy of the | 26 |
| officeholder responsible for awarding the contract on which the |
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| business entity has submitted a bid or proposal during the | 2 |
| period beginning on the date the invitation for bids or request | 3 |
| for proposals is issued and ending on the day after the date | 4 |
| the contract is awarded. | 5 |
| (d) All contracts between State agencies and a business | 6 |
| entity that violate subsection (b) or (c) shall be voidable | 7 |
| under Section 50-60. If a business entity violates subsection | 8 |
| (b) 3 or more times within a 36-month period, then all | 9 |
| contracts between State agencies and that business entity shall | 10 |
| be void, and that business entity shall not bid or respond to | 11 |
| any invitation to bid or request for proposals from any State | 12 |
| agency or otherwise enter into any contract with any State | 13 |
| agency for 3 years from the date of the last violation. A | 14 |
| notice of each violation and the penalty imposed shall be | 15 |
| published in both the Procurement Bulletin and the Illinois | 16 |
| Register. | 17 |
| (e) Any political committee that has received a | 18 |
| contribution in violation of subsection (b) or (c) shall pay an | 19 |
| amount equal to the value of the contribution to the State no | 20 |
| more than 30 days after notice of the violation concerning the | 21 |
| contribution appears in the Illinois Register. Payments | 22 |
| received by the State
pursuant to this subsection shall be | 23 |
| deposited into the general revenue
fund.
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| (Source: P.A. 95-971, eff. 1-1-09.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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