Sen. Matt Murphy
Filed: 3/28/2012
 
 


 




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1
AMENDMENT TO SENATE BILL 2988




2 AMENDMENT NO. ______. Amend Senate Bill 2988 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Election Code is amended by adding Section 
59-8.20 as follows:

6 (10 ILCS 5/9-8.20 new)
7 Sec. 9-8.20. Prohibition on contributions by labor 
8organizations.
9 (a) As used in this Section:
10 The terms "contract", "State contract", and "contract with 
11a State agency" each mean any contract, as defined in Section 
121-15.30 of the Illinois Procurement Code, between a labor 
13organization and a State agency, including a collective 
14bargaining agreement.
15 "Collective bargaining" means collective bargaining as 
16defined in subsection (b) of Section 3 of the Illinois Public 
 
 
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1Labor Relations Act.
2 "Labor organization" means a labor organization as defined 
3in subsection (i) of Section 3 of the Illinois Public Labor 
4Relations Act.
5 "Officeholder" means the Governor, Lieutenant Governor, 
6Attorney General, Secretary of State, Comptroller, or 
7Treasurer. The Governor shall be considered the officeholder 
8responsible for negotiating or entering into all contracts by 
9all officers and employees of, and vendors and others doing 
10business with, executive branch State agencies under the 
11jurisdiction of the Executive Ethics Commission and not within 
12the jurisdiction of the Attorney General, the Secretary of 
13State, the Comptroller, or the Treasurer.
14 "State agency" means and includes all boards, commissions, 
15agencies, institutions, authorities, and bodies politic and 
16corporate of the State, created by or in accordance with the 
17Illinois Constitution or State statute, of the executive branch 
18of State government and does include colleges, universities,

19public employee retirement systems, and institutions under the 
20jurisdiction of the governing boards of the University of 
21Illinois, Southern Illinois University, Illinois State 
22University, Eastern Illinois University, Northern Illinois 
23University, Western Illinois University, Chicago State 
24University, Governors State University, Northeastern Illinois 
25University, and the Illinois Board of Higher Education.
26 (b) Any labor organization whose contracts with State 
 
 
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1agencies, in the aggregate, annually total more than $50,000 is 
2prohibited from making any contributions to any political 
3committees established to promote the candidacy of (i) the 
4officeholder responsible for negotiating or entering into the 
5contracts or (ii) any other candidate for that office. This 
6prohibition shall be effective for the duration of the term of 
7office of the incumbent officeholder negotiating or entering 
8into the contracts or for a period of 2 years following the 
9expiration or termination of the contracts, whichever is 
10longer.
11 (c) Any labor organization whose aggregate pending 
12negotiations on State contracts total more than $50,000, or 
13whose aggregate pending negotiations on State contracts 
14combined with the labor organization's aggregate annual total 
15value of State contracts exceed $50,000, is prohibited from 
16making any contributions to any political committee

17established to promote the candidacy of the officeholder 
18responsible for negotiating or entering into the contract 
19during the period beginning on the date the negotiations are 
20begun and ending on the day after the date the contract is 
21entered into.
22 (d) For the purposes of the prohibitions under subsections 
23(b) and (c) of this Section, (i) any contribution made to a 
24political committee established to promote the candidacy of the 
25Governor or a candidate for the office of Governor shall also 
26be considered as having been made to a political committee 
 
 
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1established to promote the candidacy of the Lieutenant 
2Governor, in the case of the Governor, or the candidate for 
3Lieutenant Governor having filed a joint petition, or write-in 
4declaration of intent, with the candidate for Governor, as 
5applicable, and (ii) any contribution made to a political 
6committee established to promote the candidacy of the 
7Lieutenant Governor or a candidate for the office of Lieutenant 
8Governor shall also be considered as having been made to a 
9political committee established to promote the candidacy of the 
10Governor, in the case of the Lieutenant Governor, or the 
11candidate for Governor having filed a joint petition, or 
12write-in declaration of intent, with the candidate for 
13Lieutenant Governor, as applicable.
14 (e) All contracts between State agencies and a labor 
15organization that violate subsection (b) or (c) may be declared 
16void if the State agency determines that voiding the contract 
17is in the best interests of the State. If a labor organization 
18violates subsection (b) 3 or more times within a 36-month 
19period, then all contracts between State agencies and that 
20labor organization shall be void, and that labor organization 
21shall not enter into any contract with any State agency for 3 
22years from the date of the last violation. A notice of each 
23violation and the penalty imposed shall be published in the 
24Illinois Register.
25 (f) Any political committee that has received a 
26contribution in violation of subsection (b) or (c) shall pay an 
 
 
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1amount equal to the value of the contribution to the State no 
2more than 30 days after notice of the violation concerning the 
3contribution appears in the Illinois Register. Payments 
4received by the State
pursuant to this subsection shall be 
5deposited into the General Revenue
Fund.


6 Section 99. Effective date. This Act takes effect upon 
7becoming law.".