Bill Text: IL HB3158 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Procurement Code. Provides that, for the purposes of a Section concerning political contributions to constitutional officers, any contribution made to the Lieutenant Governor shall be considered as having been made to the Governor. Effective immediately.

Sponsorship: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2011-08-16 - Public Act . . . . . . . . . 97-0411 [HB3158 Detail]

Download: Illinois-2011-HB3158-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3158 Introduced 2/24/2011, by Rep. Lou Lang SYNOPSIS AS INTRODUCED:
30 ILCS 500/50-37
Amends the Illinois Procurement Code. Provides that, for purpose of a Section concerning political contributions to constitutional officers, any contribution made to the Lieutenant Governor shall be considered as having been made to the Governor. Effective immediately.
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A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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. For the purposes of the

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prohibition of certain contributions as provided in this
Section, any contribution made to the Lieutenant Governor,
a candidate for the office of Lieutenant Governor, or a
political committee formed to support the candidacy of a
person seeking the office of Lieutenant Governor shall be
considered as having been made to the Governor.
"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,

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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 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

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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. "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

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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
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

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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.
(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.)
Section 99. Effective date. This Act takes effect upon
becoming law.