Full Text of HB6121 96th General Assembly
HB6121 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6121
Introduced 2/11/2010, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
|
10 ILCS 5/9-35 |
|
30 ILCS 500/20-160 |
|
|
Amends the Election Code and the Illinois Procurement Code. With respect to the pay-to-play provisions, requires each State agency to notify its current contractors in writing of the business registration requirements. Makes a business entity's failure to receive that notice an affirmative defense against an alleged violation of the registration requirements. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB6121 |
|
LRB096 17126 JAM 32451 b |
|
| 1 |
| AN ACT concerning ethics.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Election Code is amended by changing Section | 5 |
| 9-35 as follows: | 6 |
| (10 ILCS 5/9-35)
| 7 |
| Sec. 9-35. Registration of business entities. | 8 |
| (a) This Section governs the procedures for the | 9 |
| registration required under Section 20-160 of the Illinois | 10 |
| Procurement Code. | 11 |
| For the purposes of this Section, the terms "officeholder", | 12 |
| "State contract", "business entity", "State agency", | 13 |
| "affiliated entity", and "affiliated person" have the meanings | 14 |
| ascribed to those terms in Section 50-37 of the Illinois | 15 |
| Procurement Code. | 16 |
| (b) Registration under Section 20-160 of the Illinois | 17 |
| Procurement Code, and any changes to that registration, must be | 18 |
| made electronically, and the State Board of Elections by rule | 19 |
| shall provide for electronic registration; except that the | 20 |
| State Board may adopt emergency rules providing for a temporary | 21 |
| filing system, effective through August 1, 2009, under which | 22 |
| business entities must file the required registration forms | 23 |
| provided by the Board via e-mail attachment in a PDF file or |
|
|
|
HB6121 |
- 2 - |
LRB096 17126 JAM 32451 b |
|
| 1 |
| via another type of mail service and must receive from the | 2 |
| State Board registration certificates via e-mail or paper | 3 |
| registration certificates. The State Board shall retain the | 4 |
| registrations submitted by business entities via e-mail or | 5 |
| another type of mail service for at least 6 months following | 6 |
| the establishment of the electronic registration system | 7 |
| required by this subsection. | 8 |
| Each registration must contain substantially the | 9 |
| following: | 10 |
| (1) The name and address of the business entity. | 11 |
| (2) The name and address of any affiliated entity of | 12 |
| the business entity, including a description of the | 13 |
| affiliation. | 14 |
| (3) The name and address of any affiliated person of | 15 |
| the business entity, including a description of the | 16 |
| affiliation. | 17 |
| (c) The Board shall provide a certificate of registration | 18 |
| to the business entity. The certificate shall be electronic, | 19 |
| except as otherwise provided in this Section, and accessible to | 20 |
| the business entity through the State Board of Elections' | 21 |
| website and protected by a password. Within 60 days after | 22 |
| establishment of the
electronic system, each business entity | 23 |
| that submitted a registration via e-mail attachment or paper | 24 |
| copy pursuant to this Section shall re-submit its registration | 25 |
| electronically. At the time of re-submission, the State Board | 26 |
| of Elections shall provide an electronic certificate of |
|
|
|
HB6121 |
- 3 - |
LRB096 17126 JAM 32451 b |
|
| 1 |
| registration to that business entity. | 2 |
| (d) Any business entity required to register under Section | 3 |
| 20-160 of the Illinois Procurement Code shall provide a copy of | 4 |
| the registration certificate, by first class mail or hand | 5 |
| delivery within 10 days after registration, to each affiliated | 6 |
| entity or affiliated person whose identity is required to be | 7 |
| disclosed. Failure to provide notice to an affiliated entity or | 8 |
| affiliated person is a business offense for which the business | 9 |
| entity is subject to a fine not to exceed $1,001. | 10 |
| (e) In addition to any penalty under Section 20-160 of the | 11 |
| Illinois Procurement Code, intentional, willful, or material | 12 |
| failure to disclose information required for registration is | 13 |
| subject to a civil penalty imposed by the State Board of | 14 |
| Elections. The State Board shall impose a civil penalty of | 15 |
| $1,000 per business day for failure to update a registration. | 16 |
| (f) Any business entity required to register under Section | 17 |
| 20-160 of the Illinois Procurement Code shall notify any | 18 |
| political committee to which it makes a contribution, at the | 19 |
| time of the contribution, that the business entity is | 20 |
| registered with the State Board of Elections under Section | 21 |
| 20-160 of the Illinois Procurement Code. Any affiliated entity | 22 |
| or affiliated person of a business entity required to register | 23 |
| under Section 20-160 of the Illinois Procurement Code shall | 24 |
| notify any political committee to which it makes a contribution | 25 |
| that it is affiliated with a business entity registered with | 26 |
| the State Board of Elections under Section 20-160 of the |
|
|
|
HB6121 |
- 4 - |
LRB096 17126 JAM 32451 b |
|
| 1 |
| Illinois Procurement Code. | 2 |
| (g) The State Board of Elections on its official website | 3 |
| shall have a searchable database containing (i) all information | 4 |
| required to be submitted to the Board under Section 20-160 of | 5 |
| the Illinois Procurement Code and (ii) all reports filed under | 6 |
| this Article with the State Board of Elections by all political | 7 |
| committees. For the purposes of databases maintained by the | 8 |
| State Board of Elections, "searchable" means able to search by | 9 |
| "political committee", as defined in this Article, and by | 10 |
| "officeholder", "State agency", "business entity", "affiliated | 11 |
| entity", and "affiliated person". The Board shall not place the | 12 |
| name of a minor child on the website. However, the Board shall | 13 |
| provide a link to all contributions made by anyone reporting | 14 |
| the same residential address as any affiliated person. In | 15 |
| addition, the State Board of Elections on its official website | 16 |
| shall provide an electronic connection to any searchable | 17 |
| database of State contracts maintained by the Comptroller, | 18 |
| searchable by business entity. | 19 |
| (h) The State Board of Elections shall have rulemaking | 20 |
| authority to implement this Section.
| 21 |
| (i) Failure of a business entity with a State contract in | 22 |
| effect with a State agency on the effective date of this | 23 |
| amendatory Act of the 96th General Assembly to receive the | 24 |
| written notification required by subsection (j) of Section | 25 |
| 20-160 of the Illinois Procurement Code is an affirmative | 26 |
| defense of that business entity against any alleged violation |
|
|
|
HB6121 |
- 5 - |
LRB096 17126 JAM 32451 b |
|
| 1 |
| of the registration requirements of this Section or of Section | 2 |
| 20-160 of the Illinois Procurement Code. | 3 |
| (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.) | 4 |
| Section 10. The Illinois Procurement Code is amended by | 5 |
| changing Section 20-160 as follows: | 6 |
| (30 ILCS 500/20-160)
| 7 |
| Sec. 20-160. Business entities; certification; | 8 |
| registration with the State Board of Elections. | 9 |
| (a) For purposes of this Section, the terms "business | 10 |
| entity", "contract", "State contract", "contract with a State | 11 |
| agency", "State agency", "affiliated entity", and "affiliated | 12 |
| person" have the meanings ascribed to those terms in Section | 13 |
| 50-37. | 14 |
| (b) Every bid submitted to and every contract executed by | 15 |
| the State on or after the effective date of this amendatory Act | 16 |
| of the 95th General Assembly shall contain (1) a certification | 17 |
| by the bidder or contractor that either (i) the bidder or | 18 |
| contractor is not required to register as a business entity | 19 |
| with the State Board of Elections pursuant to this Section or | 20 |
| (ii) the bidder or contractor has registered as a business | 21 |
| entity with the State Board of Elections and acknowledges a | 22 |
| continuing duty to update the registration and (2) a statement | 23 |
| that the contract is voidable under Section 50-60 for the | 24 |
| bidder's or contractor's failure to comply with this Section. |
|
|
|
HB6121 |
- 6 - |
LRB096 17126 JAM 32451 b |
|
| 1 |
| (c) Within 30 days after the effective date of this | 2 |
| amendatory Act of the 95th General Assembly, each business | 3 |
| entity (i) whose aggregate bids and proposals on State | 4 |
| contracts annually total more than $50,000, (ii) whose | 5 |
| aggregate bids and proposals on State contracts combined with | 6 |
| the business entity's aggregate annual total value of State | 7 |
| contracts exceed $50,000, or (iii) whose contracts with State | 8 |
| agencies, in the aggregate, annually total more than $50,000 | 9 |
| shall register with the State Board of Elections in accordance | 10 |
| with Section 9-35 of the Election Code. A business entity | 11 |
| required to register under this subsection shall submit a copy | 12 |
| of the certificate of registration to the applicable chief | 13 |
| procurement officer within 90 days after the effective date of | 14 |
| this amendatory Act of the 95th General Assembly. A business | 15 |
| entity required to register under this subsection due to item | 16 |
| (i) or (ii) has a continuing duty to ensure that the | 17 |
| registration is accurate during the period beginning on the | 18 |
| date of registration and ending on the day after the date the | 19 |
| contract is awarded; any change in information must be reported | 20 |
| to the State Board of Elections within 2 business days | 21 |
| following such change. A business entity required to register | 22 |
| under this subsection due to item (iii) has a continuing duty | 23 |
| to ensure that the registration is accurate in accordance with | 24 |
| subsection (f). | 25 |
| (d) Any business entity, not required under subsection (c) | 26 |
| to register within 30 days after the effective date of this |
|
|
|
HB6121 |
- 7 - |
LRB096 17126 JAM 32451 b |
|
| 1 |
| amendatory Act of the 95th General Assembly, whose aggregate | 2 |
| bids and proposals on State contracts annually total more than | 3 |
| $50,000, or whose aggregate bids and proposals on State | 4 |
| contracts combined with the business entity's aggregate annual | 5 |
| total value of State contracts exceed $50,000, shall register | 6 |
| with the State Board of Elections in accordance with Section | 7 |
| 9-35 of the Election Code prior to submitting to a State agency | 8 |
| the bid or proposal whose value causes the business entity to | 9 |
| fall within the monetary description of this subsection. A | 10 |
| business entity required to register under this subsection has | 11 |
| a continuing duty to ensure that the registration is accurate | 12 |
| during the period beginning on the date of registration and | 13 |
| ending on the day after the date the contract is awarded. Any | 14 |
| change in information must be reported to the State Board of | 15 |
| Elections within 2 business days following such change. | 16 |
| (e) A business entity whose contracts with State agencies, | 17 |
| in the aggregate, annually total more than $50,000 must | 18 |
| maintain its registration under this Section and has a | 19 |
| continuing duty to ensure that the registration is accurate for | 20 |
| the duration of the term of office of the incumbent | 21 |
| officeholder awarding the contracts or for a period of 2 years | 22 |
| following the expiration or termination of the contracts, | 23 |
| whichever is longer. Any change in information shall be | 24 |
| reported to the State Board of Elections within 10 days | 25 |
| following such change; however, if a business entity required | 26 |
| to register under this subsection has a pending bid or |
|
|
|
HB6121 |
- 8 - |
LRB096 17126 JAM 32451 b |
|
| 1 |
| proposal, any change in information shall be reported to the | 2 |
| State Board of Elections within 2 business days. | 3 |
| (f) A business entity's continuing duty under this Section | 4 |
| to ensure the accuracy of its registration includes the | 5 |
| requirement that the business entity notify the State Board of | 6 |
| Elections of any change in information, including but not | 7 |
| limited to changes of affiliated entities or affiliated | 8 |
| persons. | 9 |
| (g) A copy of a certificate of registration must accompany | 10 |
| any bid or proposal for a contract with a State agency by a | 11 |
| business entity required to register under this Section. A | 12 |
| chief procurement officer shall not accept a bid or proposal | 13 |
| unless the certificate is submitted to the agency with the bid | 14 |
| or proposal. | 15 |
| (h) A registration, and any changes to a registration, must | 16 |
| include the business entity's verification of accuracy and | 17 |
| subjects the business entity to the penalties of the laws of | 18 |
| this State for perjury. | 19 |
| In addition to any penalty under Section 9-35 of the | 20 |
| Election Code, intentional, willful, or material failure to | 21 |
| disclose information required for registration shall render | 22 |
| the contract, bid, proposal, or other procurement relationship | 23 |
| voidable by the chief procurement officer if he or she deems it | 24 |
| to be in the best interest of the State of Illinois. | 25 |
| (i) This Section applies regardless of the method of source | 26 |
| selection used in awarding the contract.
|
|
|
|
HB6121 |
- 9 - |
LRB096 17126 JAM 32451 b |
|
| 1 |
| (j) Within 60 days after the effective date of this | 2 |
| amendatory Act of the 96th General Assembly, each State agency | 3 |
| shall provide written notice of the registration requirements | 4 |
| of this Section and of Section 9-35 of the Election Code to | 5 |
| each business entity with a State contract with that State | 6 |
| agency in effect on the effective date of this amendatory Act | 7 |
| of the 96th General Assembly. Failure of a business entity with | 8 |
| a State contract in effect with a State agency on the effective | 9 |
| date of this amendatory Act of the 96th General Assembly to | 10 |
| receive the written notification required by this subsection is | 11 |
| an affirmative defense of that business entity against any | 12 |
| alleged violation of the registration requirements of this | 13 |
| Section or of Section 9-35 of the Election Code. | 14 |
| (Source: P.A. 95-971, eff. 1-1-09.) | 15 |
| Section 95. No acceleration or delay. Where this Act makes | 16 |
| changes in a statute that is represented in this Act by text | 17 |
| that is not yet or no longer in effect (for example, a Section | 18 |
| represented by multiple versions), the use of that text does | 19 |
| not accelerate or delay the taking effect of (i) the changes | 20 |
| made by this Act or (ii) provisions derived from any other | 21 |
| Public Act.
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
|
|