Full Text of SB2988 97th General Assembly
SB2988sam001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by adding Section | 5 | | 9-8.20 as follows: | 6 | | (10 ILCS 5/9-8.20 new) | 7 | | Sec. 9-8.20. Prohibition on contributions by labor | 8 | | organizations. | 9 | | (a) As used in this Section: | 10 | | The terms "contract", "State contract", and "contract with | 11 | | a State agency" each mean any contract, as defined in Section | 12 | | 1-15.30 of the Illinois Procurement Code, between a labor | 13 | | organization and a State agency, including a collective | 14 | | bargaining agreement. | 15 | | "Collective bargaining" means collective bargaining as | 16 | | defined in subsection (b) of Section 3 of the Illinois Public |
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| 1 | | Labor Relations Act. | 2 | | "Labor organization" means a labor organization as defined | 3 | | in subsection (i) of Section 3 of the Illinois Public Labor | 4 | | Relations Act. | 5 | | "Officeholder" means the Governor, Lieutenant Governor, | 6 | | Attorney General, Secretary of State, Comptroller, or | 7 | | Treasurer. The Governor shall be considered the officeholder | 8 | | responsible for negotiating or entering into all contracts by | 9 | | all officers and employees of, and vendors and others doing | 10 | | business with, executive branch State agencies under the | 11 | | jurisdiction of the Executive Ethics Commission and not within | 12 | | the jurisdiction of the Attorney General, the Secretary of | 13 | | State, the Comptroller, or the Treasurer. | 14 | | "State agency" means and includes all boards, commissions, | 15 | | agencies, institutions, authorities, and bodies politic and | 16 | | corporate of the State, created by or in accordance with the | 17 | | Illinois Constitution or State statute, of the executive branch | 18 | | of State government and does include colleges, universities,
| 19 | | public employee retirement systems, and institutions under the | 20 | | jurisdiction of the governing boards of the University of | 21 | | Illinois, Southern Illinois University, Illinois State | 22 | | University, Eastern Illinois University, Northern Illinois | 23 | | University, Western Illinois University, Chicago State | 24 | | University, Governors State University, Northeastern Illinois | 25 | | University, and the Illinois Board of Higher Education. | 26 | | (b) Any labor organization whose contracts with State |
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| 1 | | agencies, in the aggregate, annually total more than $50,000 is | 2 | | prohibited from making any contributions to any political | 3 | | committees established to promote the candidacy of (i) the | 4 | | officeholder responsible for negotiating or entering into the | 5 | | contracts or (ii) any other candidate for that office. This | 6 | | prohibition shall be effective for the duration of the term of | 7 | | office of the incumbent officeholder negotiating or entering | 8 | | into the contracts or for a period of 2 years following the | 9 | | expiration or termination of the contracts, whichever is | 10 | | longer. | 11 | | (c) Any labor organization whose aggregate pending | 12 | | negotiations on State contracts total more than $50,000, or | 13 | | whose aggregate pending negotiations on State contracts | 14 | | combined with the labor organization's aggregate annual total | 15 | | value of State contracts exceed $50,000, is prohibited from | 16 | | making any contributions to any political committee
| 17 | | established to promote the candidacy of the officeholder | 18 | | responsible for negotiating or entering into the contract | 19 | | during the period beginning on the date the negotiations are | 20 | | begun and ending on the day after the date the contract is | 21 | | entered into. | 22 | | (d) For the purposes of the prohibitions under subsections | 23 | | (b) and (c) of this Section, (i) any contribution made to a | 24 | | political committee established to promote the candidacy of the | 25 | | Governor or a candidate for the office of Governor shall also | 26 | | be considered as having been made to a political committee |
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| 1 | | established to promote the candidacy of the Lieutenant | 2 | | Governor, in the case of the Governor, or the candidate for | 3 | | Lieutenant Governor having filed a joint petition, or write-in | 4 | | declaration of intent, with the candidate for Governor, as | 5 | | applicable, and (ii) any contribution made to a political | 6 | | committee established to promote the candidacy of the | 7 | | Lieutenant Governor or a candidate for the office of Lieutenant | 8 | | Governor shall also be considered as having been made to a | 9 | | political committee established to promote the candidacy of the | 10 | | Governor, in the case of the Lieutenant Governor, or the | 11 | | candidate for Governor having filed a joint petition, or | 12 | | write-in declaration of intent, with the candidate for | 13 | | Lieutenant Governor, as applicable. | 14 | | (e) All contracts between State agencies and a labor | 15 | | organization that violate subsection (b) or (c) may be declared | 16 | | void if the State agency determines that voiding the contract | 17 | | is in the best interests of the State. If a labor organization | 18 | | violates subsection (b) 3 or more times within a 36-month | 19 | | period, then all contracts between State agencies and that | 20 | | labor organization shall be void, and that labor organization | 21 | | shall not enter into any contract with any State agency for 3 | 22 | | years from the date of the last violation. A notice of each | 23 | | violation and the penalty imposed shall be published in the | 24 | | Illinois Register. | 25 | | (f) Any political committee that has received a | 26 | | contribution in violation of subsection (b) or (c) shall pay an |
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| 1 | | amount equal to the value of the contribution to the State no | 2 | | more than 30 days after notice of the violation concerning the | 3 | | contribution appears in the Illinois Register. Payments | 4 | | received by the State
pursuant to this subsection shall be | 5 | | deposited into the General Revenue
Fund.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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