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| Public Act 097-0411
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| HB3158 Enrolled | LRB097 07063 PJG 47156 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Procurement Code is amended by |
changing Section 50-37 as follows:
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(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. |
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"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 |
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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 of any such persons. |
"Affiliated person" does not include a person prohibited by |
federal law from making contributions or expenditures in |
connection with a federal, state, or local election. |
"Affiliated entity" means (i) any corporate parent and |
each operating subsidiary of the bidding or contracting |
business entity, (ii) each operating subsidiary of the |
corporate parent of the bidding or contracting business |
entity, (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 |
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sponsoring entity. "Affiliated entity" does not include an |
entity prohibited by federal law from making contributions |
or expenditures in connection with a federal, state, or |
local election. |
"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 (i) the President, |
Chairman, or Chief Executive Officer of a business entity |
and any other individual that fulfills equivalent duties as |
the President, Chairman of the Board, or Chief Executive |
Officer of a business entity; and (ii) any employee of a |
business entity 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. A |
regular salary that is paid irrespective of the award or |
payment of a contract with a State agency shall not |
constitute "compensation" under item (ii) of this |
definition. "Executive employee" does not include any |
person prohibited by federal law from making contributions |
or expenditures in connection with a federal, state, or |
local election. |
(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 |
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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. |
(c-5) For the purposes of the prohibitions under |
subsections (b) and (c) of this Section, (i) any contribution |
made to a political committee established to promote the |
candidacy of the Governor or a declared candidate for the |
office of Governor shall also be considered as having been made |
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to a political committee established to promote the candidacy |
of the Lieutenant Governor, in the case of the Governor, or the |
declared candidate for Lieutenant Governor having filed a joint |
petition, or write-in declaration of intent, with the declared |
candidate for Governor, as applicable, and (ii) any |
contribution made to a political committee established to |
promote the candidacy of the Lieutenant Governor or a declared |
candidate for the office of Lieutenant Governor shall also be |
considered as having been made to a political committee |
established to promote the candidacy of the Governor, in the |
case of the Lieutenant Governor, or the declared candidate for |
Governor having filed a joint petition, or write-in declaration |
of intent, with the declared candidate for Lieutenant Governor, |
as applicable. |
(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. |
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(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; 95-1038, eff. 3-11-09; |
96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the |
effective date of changes made by P.A. 96-795); 96-848, eff. |
1-1-10.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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