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Public Act 095-1038 |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Election Code is amended by changing Section | ||||
9-35 as follows: | ||||
(10 ILCS 5/9-35)
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Sec. 9-35. Registration of business entities. | ||||
(a) This Section governs the procedures for the | ||||
registration required under Section 20-160 of the Illinois | ||||
Procurement Code. | ||||
For the purposes of this Section, the terms "officeholder", | ||||
"State contract", "business entity", "State agency", | ||||
"affiliated entity", and "affiliated person" have the meanings | ||||
ascribed to those terms in Section 50-37 of the Illinois | ||||
Procurement Code. | ||||
(b) Registration under Section 20-160 of the Illinois | ||||
Procurement Code, and any changes to that registration, must be | ||||
made electronically , and the . The State Board of Elections by | ||||
rule shall provide for electronic registration ; except that the | ||||
State Board may adopt emergency rules providing for a temporary | ||||
filing system, effective through August 1, 2009, under which | ||||
business entities must file the required registration forms | ||||
provided by the Board via e-mail attachment in a PDF file or |
via another type of mail service and must receive from the | ||
State Board registration certificates via e-mail or paper | ||
registration certificates. The State Board shall retain the | ||
registrations submitted by business entities via e-mail or | ||
another type of mail service for at least 6 months following | ||
the establishment of the electronic registration system | ||
required by this subsection. | ||
Each registration , which must contain substantially the | ||
following: | ||
(1) The name and address of the business entity. | ||
(2) The name and address of any affiliated entity of | ||
the business entity, including a description of the | ||
affiliation. | ||
(3) The name and address of any affiliated person of | ||
the business entity, including a description of the | ||
affiliation. | ||
(c) The Board shall provide a certificate of registration | ||
to the business entity. The certificate shall be electronic , | ||
except as otherwise provided in this Section, and accessible to | ||
the business entity through the State Board of Elections' | ||
website and protected by a password. Within 60 days after | ||
establishment of the
electronic system, each business entity | ||
that submitted a registration via e-mail attachment or paper | ||
copy pursuant to this Section shall re-submit its registration | ||
electronically. At the time of re-submission, the State Board | ||
of Elections shall provide an electronic certificate of |
registration to that business entity. | ||
(d) Any business entity required to register under Section | ||
20-160 of the Illinois Procurement Code shall provide a copy of | ||
the registration certificate, by first class mail or hand | ||
delivery within 10 days after registration, to each affiliated | ||
entity or affiliated person whose identity is required to be | ||
disclosed. Failure to provide notice to an affiliated entity or | ||
affiliated person is a business offense for which the business | ||
entity is subject to a fine not to exceed $1,001. | ||
(e) In addition to any penalty under Section 20-160 of the | ||
Illinois Procurement Code, intentional, willful, or material | ||
failure to disclose information required for registration is | ||
subject to a civil penalty imposed by the State Board of | ||
Elections. The State Board shall impose a civil penalty of | ||
$1,000 per business day for failure to update a registration. | ||
(f) Any business entity required to register under Section | ||
20-160 of the Illinois Procurement Code shall notify any | ||
political committee to which it makes a contribution, at the | ||
time of the contribution, that the business entity is | ||
registered with the State Board of Elections under Section | ||
20-160 of the Illinois Procurement Code. Any affiliated entity | ||
or affiliated person of a business entity required to register | ||
under Section 20-160 of the Illinois Procurement Code shall | ||
notify any political committee to which it makes a contribution | ||
that it is affiliated with a business entity registered with | ||
the State Board of Elections under Section 20-160 of the |
Illinois Procurement Code. | ||
(g) The State Board of Elections on its official website | ||
shall have a searchable database containing (i) all information | ||
required to be submitted to the Board under Section 20-160 of | ||
the Illinois Procurement Code and (ii) all reports filed under | ||
this Article with the State Board of Elections by all political | ||
committees. For the purposes of databases maintained by the | ||
State Board of Elections, "searchable" means able to search by | ||
"political committee", as defined in this Article, and by | ||
"officeholder", "State agency", "business entity", "affiliated | ||
entity", and "affiliated person". The Board shall not place the | ||
name of a minor child on the website. However, the Board shall | ||
provide a link to all contributions made by anyone reporting | ||
the same residential address as any affiliated person. In | ||
addition, the State Board of Elections on its official website | ||
shall provide an electronic connection to any searchable | ||
database of State contracts maintained by the Comptroller, | ||
searchable by business entity. | ||
(h) The State Board of Elections shall have rulemaking | ||
authority to implement this Section.
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(Source: P.A. 95-971, eff. 1-1-09.) | ||
Section 10. The Illinois Procurement Code is amended by | ||
changing Section 50-37 as follows: | ||
(30 ILCS 500/50-37) |
Sec. 50-37. Prohibition of political contributions. | ||
(a) As used in this Section: | ||
The terms "contract", "State contract", and "contract | ||
with a State agency" each mean any contract, as defined in | ||
this Code, between a business entity and a State agency let | ||
or awarded pursuant to this Code. The terms "contract", | ||
"State contract", and "contract with a State agency" do not | ||
include cost reimbursement contracts; purchase of care | ||
agreements as defined in Section 1-15.68 of this Code; | ||
contracts for projects eligible for full or partial | ||
federal-aid funding reimbursements authorized by the | ||
Federal Highway Administration; grants, including but are | ||
not limited to grants for job training or transportation; | ||
and grants, loans, or tax credit agreements for economic | ||
development purposes. | ||
"Contribution" means a contribution as defined in | ||
Section 9-1.4 of the Election Code. | ||
"Declared candidate" means a person who has filed a | ||
statement of candidacy and petition for nomination or | ||
election in the principal office of the State Board of | ||
Elections. | ||
"State agency" means and includes all boards, | ||
commissions, agencies, institutions, authorities, and | ||
bodies politic and corporate of the State, created by or in | ||
accordance with the Illinois Constitution or State | ||
statute, of the executive branch of State government and |
does include colleges, universities,
public employee | ||
retirement systems, and institutions under the | ||
jurisdiction of the governing boards of the University of | ||
Illinois, Southern Illinois University, Illinois State | ||
University, Eastern Illinois University, Northern Illinois | ||
University, Western Illinois University, Chicago State | ||
University, Governors State University, Northeastern | ||
Illinois University, and the Illinois Board of Higher | ||
Education. | ||
"Officeholder" means the Governor, Lieutenant | ||
Governor, Attorney General, Secretary of State, | ||
Comptroller, or Treasurer. The Governor shall be | ||
considered the officeholder responsible for awarding all | ||
contracts by all officers and employees of, and vendors and | ||
others doing business with, executive branch State | ||
agencies under the jurisdiction of the Executive Ethics | ||
Commission and not within the jurisdiction of the Attorney | ||
General, the Secretary of State, the Comptroller, or the | ||
Treasurer. | ||
"Sponsoring entity" means a sponsoring entity as | ||
defined in Section 9-3 of the Election Code. | ||
"Affiliated person" means (i) any person with any | ||
ownership
interest or distributive share of the bidding or | ||
contracting business entity in excess of 7.5%, (ii) | ||
executive employees of the bidding or contracting business | ||
entity, and (iii) the spouse and minor children of any such |
persons. | ||
"Affiliated entity" means (i) any subsidiary of the | ||
bidding or contracting business entity, (ii) any member of | ||
the same unitary business group, (iii) any organization | ||
recognized by the United States Internal Revenue Service as | ||
a tax-exempt organization described in Section 501(c) of | ||
the Internal Revenue Code of 1986 (or any successor | ||
provision of federal tax law) established by the bidding or | ||
contracting business entity, any affiliated entity of that | ||
business entity, or any affiliated person of that business | ||
entity, or (iv) any political committee for which the | ||
bidding or contracting business entity, or any 501(c) | ||
organization described in item (iii) related to that | ||
business entity, is the sponsoring entity. | ||
"Business entity" means any entity doing business for | ||
profit, whether organized as a corporation, partnership, | ||
sole proprietorship, limited liability company or | ||
partnership, or otherwise. | ||
"Executive employee" means the President, Chairman, | ||
Chief Executive Officer, or other employee with executive | ||
decision-making authority over the long-term and | ||
day-to-day affairs of the entity employing the employee, or | ||
an employee whose compensation is determined directly, in | ||
whole or in part, by the award or payment of contracts by a | ||
State agency to the entity employing the employee. | ||
(b) Any business entity whose contracts with State |
agencies, in the aggregate, annually total more than $50,000, | ||
and any affiliated entities or affiliated persons of such | ||
business entity, are prohibited from making any contributions | ||
to any political committees established to promote the | ||
candidacy of (i) the officeholder responsible for awarding the | ||
contracts or (ii) any other declared candidate for that office. | ||
This prohibition shall be effective for the duration of the | ||
term of office of the incumbent officeholder awarding the | ||
contracts or for a period of 2 years following the expiration | ||
or termination of the contracts, whichever is longer. | ||
(c) Any business entity whose aggregate pending bids and | ||
proposals on State contracts total more than $50,000, or whose | ||
aggregate pending bids and proposals on State contracts | ||
combined with the business entity's aggregate annual total | ||
value of State contracts exceed $50,000, and any affiliated | ||
entities or affiliated persons of such business entity, are | ||
prohibited from making any contributions to any political | ||
committee
established to promote the candidacy of the | ||
officeholder responsible for awarding the contract on which the | ||
business entity has submitted a bid or proposal during the | ||
period beginning on the date the invitation for bids or request | ||
for proposals is issued and ending on the day after the date | ||
the contract is awarded. | ||
(d) All contracts between State agencies and a business | ||
entity that violate subsection (b) or (c) shall be voidable | ||
under Section 50-60. If a business entity violates subsection |
(b) 3 or more times within a 36-month period, then all | ||
contracts between State agencies and that business entity shall | ||
be void, and that business entity shall not bid or respond to | ||
any invitation to bid or request for proposals from any State | ||
agency or otherwise enter into any contract with any State | ||
agency for 3 years from the date of the last violation. A | ||
notice of each violation and the penalty imposed shall be | ||
published in both the Procurement Bulletin and the Illinois | ||
Register. | ||
(e) Any political committee that has received a | ||
contribution in violation of subsection (b) or (c) shall pay an | ||
amount equal to the value of the contribution to the State no | ||
more than 30 days after notice of the violation concerning the | ||
contribution appears in the Illinois Register. Payments | ||
received by the State
pursuant to this subsection shall be | ||
deposited into the general revenue
fund.
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(Source: P.A. 95-971, eff. 1-1-09.) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |