| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
FINANCE (30 ILCS 500/) Illinois Procurement Code. 30 ILCS 500/50-14
(30 ILCS 500/50-14)
Sec. 50-14. Environmental Protection Act violations.
(a) Unless otherwise provided, no person or business found by a court or
the Pollution Control Board to have committed a willful or knowing violation of
the Environmental Protection Act shall do business with the State
of Illinois or any State agency or enter into a subcontract that is subject to this Code from the date of the order containing the
finding of violation until 5 years after that date, unless the person or
business can show that no person involved in the violation continues to have
any involvement with the business.
(b) A person or business otherwise barred from doing business with the
State of Illinois or any State agency or subcontracting under this Code by subsection (a) may be allowed to do
business with the State of Illinois or any State agency if it is shown that
there is no practicable alternative to the State to contracting with that
person or business.
(c) Every bid or offer submitted to the State, every contract executed by the State, every submission to a vendor portal, and every subcontract subject to Section 20-120 of this Code shall contain
a certification by the bidder, offeror, potential contractor, contractor, or subcontractor, respectively, that the bidder, offeror, potential contractor, contractor, or subcontractor is
not barred from being awarded a contract or subcontract under this Section and acknowledges that the contracting State agency may declare the related
contract void if any of the certifications completed pursuant to this subsection (c) are
false. If the false certification is made by a subcontractor, then the contractor's submitted bid or offer and the executed contract may not be declared void, unless the contractor refuses to terminate the subcontract upon the State's request after a finding that the subcontract's certification was false.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
|
30 ILCS 500/50-14.5 (30 ILCS 500/50-14.5) Sec. 50-14.5. Lead Poisoning Prevention Act violations. Owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act are prohibited from doing business with the State of Illinois or any State agency, or subcontracting under this Code, until the violation is mitigated.
(Source: P.A. 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) .) |
30 ILCS 500/50-15
(30 ILCS 500/50-15)
Sec. 50-15.
Negotiations.
(a) It is unlawful for any person employed in or on a continual contractual
relationship with any of the offices or agencies of State government to
participate in contract negotiations on behalf of that office or agency with
any firm, partnership,
association, or corporation with whom that person has a contract for future
employment or is negotiating concerning possible future employment.
(b) Any person convicted of a violation of this Section is guilty of a
business offense and shall be fined not less than $1,000 nor more than
$5,000.
(Source: P.A. 90-572, eff. 2-6-98.)
|
30 ILCS 500/50-17 (30 ILCS 500/50-17) Sec. 50-17. Expatriated entities. (a) Except as provided in subsection (b) of this Section, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency under this Code if that business or any member of the unitary business group is an expatriated entity. (b) An expatriated entity or a member of a unitary business group with an expatriated entity as a member may submit a bid for or enter into a contract with a State agency under this Code if the appropriate chief procurement officer determines that either of the following apply: (1) the contract is awarded as a sole source | | procurement under Section 20-25 of this Code, provided that the appropriate chief procurement officer (i) includes in the notice of intent to enter into a sole source contract a prominent statement that the intended sole source contractor is an expatriated entity and (ii) holds a public hearing at which the chief procurement officer and purchasing agency present written justification for the use of a sole source contract with an expatriated entity and any member of the public may present testimony; or
|
| (2) the purchase is of pharmaceutical products,
| | drugs, biologics, vaccines, medical supplies, or devices used to provide medical and health care or treat disease or used in medical or research diagnostic tests, and medical nutritionals regulated by the Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.
|
|
(Source: P.A. 100-551, eff. 1-1-18 .)
|
30 ILCS 500/50-20
(30 ILCS 500/50-20)
Sec. 50-20. Exemptions. The appropriate chief
procurement officer may file a request with the Executive Ethics Commission to exempt named individuals from the
prohibitions of
Section 50-13 when, in his or her judgment, the public interest in
having
the
individual in the service of the State outweighs the public policy evidenced in
that Section. The Executive Ethics Commission may grant an exemption after a public hearing at which any person may present testimony. The chief procurement officer shall publish notice of the date, time, and location of the hearing in the online electronic Bulletin at least 14 calendar days prior to the hearing and provide notice to the individual subject to the waiver, the Procurement Policy Board, and the Commission on Equity and Inclusion. The Executive Ethics Commission shall also provide public notice of the date, time, and location of the hearing on its website. If the Commission grants an exemption, the exemption is effective only if it is filed with the
Secretary of State and the Comptroller prior to the execution of any contract and includes a statement setting forth
the name of the individual and all the pertinent facts that would make that
Section applicable, setting forth the reason for the exemption, and declaring
the individual exempted from that Section.
Notice of each exemption shall be published in the Illinois Procurement
Bulletin. A contract for which a waiver has been issued but has not been filed in accordance with this Section is voidable by the State. The changes to this Section made by this amendatory Act of the 96th General Assembly shall apply to exemptions granted on or after its effective date.
(Source: P.A. 101-657, eff. 1-1-22 .)
|
30 ILCS 500/50-21 (30 ILCS 500/50-21) Sec. 50-21. Bond issuances. (a) A State agency shall not enter into a contract with respect to the issuance of bonds or other securities by the State or a State agency with any entity that uses an independent consultant. As used in this subsection, "independent consultant" means a person used by the entity to obtain or retain securities business through direct or indirect communication by the person with a State official or employee on behalf of the entity when the communication is undertaken by the person in exchange for or with the understanding of receiving payment from the entity or another person. "Independent consultant" does not include (i) a finance professional employed by the entity or (ii) a person whose sole basis of compensation from the entity is the actual provision of legal, accounting, or engineering advice, services, or assistance in connection with the securities business that the entity seeks to obtain or retain. (b) Prior to entering into a contract with a State agency with respect to the issuance of bonds or other securities by the State or a State agency, a contracting party subject to the Municipal Securities Rulemaking Board's Rule G-37, or a successor rule, shall include a certification that the contracting entity is and shall remain for the duration of the contract in compliance with the Rule's requirements for reporting political contributions. Subsequent failure to remain in compliance shall make the contract voidable by the State. (c) If a federal agency finds that an entity has knowingly violated in Illinois the Municipal Securities Rulemaking Board's Rule G-37 (or any successor rule) with respect to the making of prohibited political contributions or payments, then the chief procurement officer shall impose a penalty that is at least twice the fine assessed against that entity by the federal agency. The chief procurement officer shall also bar that entity from participating in any State agency contract with respect to the issuance of bonds or other securities for a period of one year. The one-year period shall begin upon the expiration of any debarment period imposed by a federal agency. If no debarment is imposed by a federal agency, then the one-year period shall begin on the date the chief procurement officer is advised of the violation. If a federal agency finds that an entity has knowingly violated in Illinois the Municipal Securities Rulemaking Board's Rule G-38 (or any successor rule) with respect to the prohibition on obtaining or retaining municipal securities business, then the chief procurement officer shall bar that entity from participating in any State agency contract with respect to the issuance of bonds or other securities for a period of one year. The one-year period shall begin upon the expiration of any debarment period imposed by a federal agency. If no debarment is imposed by a federal agency, then the one-year period shall begin on the date the chief procurement officer is advised of the violation.
(d) Nothing in this Section shall be construed to apply retroactively, but shall apply prospectively on and after the effective date of this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of P.A. 96-795) .) |
30 ILCS 500/50-25
(30 ILCS 500/50-25)
Sec. 50-25. Inducement. Any person who offers or pays
any money or other valuable
thing to any person to induce him or her not to provide a submission to a vendor portal, bid, or submit an offer for a State
contract or as recompense for not
having bid on or submitted an offer for a State contract or provided a submission to a vendor portal is guilty of a Class 4 felony. Any
person who accepts any money
or other valuable thing for not bidding or submitting an offer for a State contract, not making a submission to a vendor portal, or
who withholds a bid, offer, or submission to vendor portal in
consideration of the promise for the payment of money or other
valuable thing is guilty of a
Class 4 felony.
(Source: P.A. 98-1076, eff. 1-1-15 .)
|
30 ILCS 500/50-30 (30 ILCS 500/50-30)
Sec. 50-30. Revolving door prohibition.
(a) Chief procurement officers, State
purchasing
officers, procurement compliance monitors, their designees whose principal duties are directly related to State
procurement, and executive officers confirmed by the Senate are expressly
prohibited for a period of 2 years after terminating an affected position from
engaging in any procurement activity relating to the State agency most recently
employing them in an affected position for a period of at least 6 months. The
prohibition includes but is not limited to: lobbying the procurement process;
specifying; bidding; proposing bid, proposal, or contract documents; on their
own behalf or on behalf of any firm, partnership, association, or corporation.
This subsection applies only to persons who terminate an
affected position on or
after January 15, 1999.
(b) In addition to any other
provisions of this Code, employment of former State employees is subject to the
State Officials and Employees Ethics Act.
(Source: P.A. 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) .)
|
30 ILCS 500/50-35 (30 ILCS 500/50-35) Sec. 50-35. Financial disclosure and potential conflicts of interest. (a) All bids and offers from responsive bidders, offerors, vendors, or contractors with an annual value that exceeds the small purchase threshold established under subsection (a) of Section 20-20 of this Code, and all submissions to a vendor portal, shall be accompanied by disclosure of the financial
interests of the bidder, offeror, potential contractor, or contractor and each subcontractor to be used. In addition, all subcontracts identified as provided by Section 20-120 of this Code with an annual value that exceeds the small purchase threshold established under subsection (a) of Section 20-20 of this Code shall be accompanied by disclosure of the financial
interests of each subcontractor. The financial disclosure of
each successful bidder, offeror, potential contractor, or contractor and its subcontractors shall be incorporated as a material term of the contract and shall become
part of the publicly available contract or procurement file
maintained by the appropriate chief procurement officer. Each disclosure under this Section shall be signed and made under penalty of perjury by an authorized officer or employee on behalf of the bidder, offeror, potential contractor, contractor, or subcontractor, and must be filed with the Procurement Policy Board and the Commission on Equity and Inclusion. (b) Disclosure shall include any
ownership or distributive income share that is in excess of 5%, or an amount
greater than 60% of the annual salary of the Governor, of the disclosing entity
or its parent entity, whichever is less, unless the bidder, offeror, potential contractor, contractor, or subcontractor
(i) is a
publicly traded entity subject to Federal 10K reporting, in which case it may
submit its 10K
disclosure in place of the prescribed disclosure, or (ii) is a privately held
entity that is exempt from Federal 10k reporting but has more than 100
shareholders, in which case it may submit the information that Federal 10k
reporting companies are required to report under 17 CFR 229.401 and list the
names of any person or entity holding any ownership share that is in excess of
5% in place of the prescribed disclosure. The form of disclosure shall
be prescribed by the applicable chief procurement officer and must include at
least the names,
addresses, and dollar or proportionate share of ownership of each person
identified in this Section, their instrument of ownership or beneficial
relationship, and notice of any potential conflict of interest resulting from
the current ownership or beneficial relationship of each individual identified in
this Section having in addition any of the following relationships: (1) State employment, currently or in the previous 3 | | years, including contractual employment of services.
|
| (2) State employment of spouse, father, mother, son,
| | or daughter, including contractual employment for services in the previous 2 years.
|
| (3) Elective status; the holding of elective office
| | of the State of Illinois, the government of the United States, any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois currently or in the previous 3 years.
|
| (4) Relationship to anyone holding elective office
| | currently or in the previous 2 years; spouse, father, mother, son, or daughter.
|
| (5) Appointive office; the holding of any appointive
| | government office of the State of Illinois, the United States of America, or any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois, which office entitles the holder to compensation in excess of expenses incurred in the discharge of that office currently or in the previous 3 years.
|
| (6) Relationship to anyone holding appointive office
| | currently or in the previous 2 years; spouse, father, mother, son, or daughter.
|
| (7) Employment, currently or in the previous 3 years,
| | as or by any registered lobbyist of the State government.
|
| (8) Relationship to anyone who is or was a registered
| | lobbyist in the previous 2 years; spouse, father, mother, son, or daughter.
|
| (9) Compensated employment, currently or in the
| | previous 3 years, by any registered election or re-election committee registered with the Secretary of State or any county clerk in the State of Illinois, or any political action committee registered with either the Secretary of State or the Federal Board of Elections.
|
| (10) Relationship to anyone; spouse, father, mother,
| | son, or daughter; who is or was a compensated employee in the last 2 years of any registered election or re-election committee registered with the Secretary of State or any county clerk in the State of Illinois, or any political action committee registered with either the Secretary of State or the Federal Board of Elections.
|
| (b-1) The disclosure required under this Section must also include the name and address of each lobbyist required to register under the Lobbyist Registration Act and other agent of the bidder, offeror, potential contractor, contractor, or subcontractor who is not identified under subsections (a) and (b) and who has communicated, is communicating, or may communicate with any State officer or employee concerning the bid or offer. The disclosure under this subsection is a continuing obligation and must be promptly supplemented for accuracy throughout the process and throughout the term of the contract if the bid or offer is successful.
(b-2) The disclosure required under this Section must also include, for each of the persons identified in subsection (b) or (b-1), each of the following that occurred within the previous 10 years: suspension or debarment from contracting with any governmental entity; professional licensure discipline; bankruptcies; adverse civil judgments and administrative findings; and criminal felony convictions. The disclosure under this subsection is a continuing obligation and must be promptly supplemented for accuracy throughout the process and throughout the term of the contract if the bid or offer is successful.
(c) The disclosure in subsection (b) is not intended to prohibit or prevent
any
contract. The disclosure is meant to fully and publicly disclose any potential
conflict to the chief procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately discharge their duty
to protect the State.
(d) When a potential for a conflict of interest is identified, discovered, or reasonably suspected, the chief procurement officer or State procurement officer shall send the contract to the Procurement Policy Board and the Commission on Equity and Inclusion. In accordance with the objectives of subsection (c), if the Procurement Policy Board or the Commission on Equity and Inclusion finds evidence of a potential conflict of interest not originally disclosed by the bidder, offeror, potential contractor, contractor, or subcontractor, the Board or the Commission on Equity and Inclusion shall provide written notice to the bidder, offeror, potential contractor, contractor, or subcontractor that is identified, discovered, or reasonably suspected of having a potential conflict of interest. The bidder, offeror, potential contractor, contractor, or subcontractor shall have 15 calendar days to respond in writing to the Board or the Commission on Equity and Inclusion, and a hearing before the Board or the Commission on Equity and Inclusion will be granted upon request by the bidder, offeror, potential contractor, contractor, or subcontractor, at a date and time to be determined by the Board or the Commission on Equity and Inclusion, but which in no event shall occur later than 15 calendar days after the date of the request. Upon consideration, the Board or the Commission on Equity and Inclusion shall recommend, in writing, whether to allow or void the contract, bid, offer, or subcontract weighing the best interest of the State of Illinois. All recommendations shall be submitted to the Executive Ethics Commission. Those recommendations made concerning conflicts identified in the course of a procurement for a public institution of higher education are, for procurements having a cumulative value under $5,000, valid and enforceable, for one calendar year after the initial recommendation was made, for all subsequent conflicts for that vendor with regard to the same public institution of higher education. The Executive Ethics Commission must hold a public hearing within 30 calendar days after receiving the Board's or the Commission on Equity and Inclusion's recommendation if the Procurement Policy Board or the Commission on Equity and Inclusion makes a recommendation to (i) void a contract or (ii) void a bid or offer and the chief procurement officer selected or intends to award the contract to the bidder, offeror, or potential contractor. A chief procurement officer is prohibited from awarding a contract before a hearing if the Board or the Commission on Equity and Inclusion recommendation does not support a bid or offer. The recommendation and proceedings of any hearing, if applicable, shall be available to the public.
(e) These thresholds and disclosure do not relieve the chief procurement
officer, the State purchasing officer, or
their designees from reasonable care and diligence for any contract, bid,
offer, or submission to a vendor portal. The chief procurement officer, the State purchasing officer, or
their designees shall be
responsible for using any reasonably known and publicly available information
to
discover any undisclosed potential conflict of interest and act to protect the
best interest of the State of Illinois.
(f) Inadvertent or accidental failure to fully disclose shall render the
contract, bid, offer, proposal, subcontract, or relationship voidable by the chief procurement
officer if he or she deems it in
the best interest of the State of Illinois and, at his or her discretion, may
be cause for barring from future contracts, bids, offers, proposals, subcontracts, or
relationships with the State for a period of up to 2 years.
(g) Intentional, willful, or material failure to disclose shall render the
contract, bid, offer, proposal, subcontract, or relationship voidable by the chief procurement
officer if he or she deems it in
the best interest of the State of Illinois and shall result in debarment from
future contracts, bids, offers, proposals, subcontracts, or relationships for a period of not less
than 2 years and not more than 10 years. Reinstatement after 2 years and
before 10 years must be reviewed and commented on in writing by the Governor
of the State of Illinois, or by an executive ethics board or commission he or
she
might designate. The comment shall be returned to the responsible chief
procurement officer who must
rule in writing whether and when to reinstate.
(h) In addition, all disclosures shall note any other current or pending
contracts, bids, offers, proposals, subcontracts, leases, or other ongoing procurement relationships the bidder, offeror, potential contractor, contractor, or subcontractor has with any other unit of State
government and shall clearly identify the unit and the contract, offer, proposal,
lease, or other relationship.
(i) The bidder, offeror, potential contractor, or contractor has a continuing obligation to supplement the disclosure required by this Section throughout the bidding process during the term of any contract, and during the vendor portal registration process.
(j) If a bid or offer is received from a responsive bidder, offeror, vendor, contractor, or subcontractor with an annual value of more than $100,000 and the bidder, offeror, vendor, contractor, or subcontractor has an active contract with that same entity and already has submitted their financial disclosures and potential conflicts of interest within the last 12 months, the bidder, offeror, vendor, contractor, or subcontractor may submit a signed affidavit attesting that the original submission of its financial disclosures and potential conflicts of interests has not been altered or changed. The form and content of the affidavit shall be prescribed by the applicable chief procurement officer.
(Source: P.A. 101-657, eff. 1-1-22; 102-721, eff. 1-1-23; 102-1119, eff. 1-23-23.)
|
30 ILCS 500/50-36 (30 ILCS 500/50-36) Sec. 50-36. Disclosure of business in Iran. (a) As used in this Section:
"Business operations" means engaging in commerce
in any form in Iran, including, but not limited to,
acquiring, developing, maintaining, owning, selling,
possessing, leasing, or operating equipment, facilities,
personnel, products, services, personal property, real
property, or any other apparatus of business or commerce. "Company" means any sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership,
limited liability company, or other entity or business
association, including all wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates
of those entities or business associations, that exists for
the purpose of making profit. "Mineral-extraction activities" include exploring,
extracting, processing, transporting, or wholesale selling or
trading of elemental minerals or associated metal alloys or
oxides (ore), including gold, copper, chromium, chromite,
diamonds, iron, iron ore, silver, tungsten, uranium, and zinc. "Oil-related activities" include, but are not
limited to, owning rights to oil blocks; exporting,
extracting, producing, refining, processing, exploring for,
transporting, selling, or trading of oil; and constructing,
maintaining, or operating a pipeline, refinery, or other
oil-field infrastructure. The mere retail sale of gasoline and
related consumer products is not considered an oil-related
activity. "Petroleum resources" means petroleum, petroleum
byproducts, or natural gas. "Substantial action" means adopting, publicizing,
and implementing a formal plan to cease scrutinized business
operations within one year and to refrain from any such new
business operations. (b) Each bid or offer submitted for a State contract, other than a small purchase defined in Section 20-20, shall include a disclosure of whether or not the bidder, offeror, or any of its corporate parents or subsidiaries, within the 24 months before submission of the bid or offer had
business operations that involved contracts with or provision
of supplies or services to the Government of Iran, companies
in which the Government of Iran has any direct or indirect
equity share, consortiums or projects commissioned by the
Government of Iran, or companies involved in consortiums or
projects commissioned by the Government of Iran and: (1) more than 10% of the company's revenues produced | | in or assets located in Iran involve oil-related activities or mineral-extraction activities; less than 75% of the company's revenues produced in or assets located in Iran involve contracts with or provision of oil-related or mineral-extraction products or services to the Government of Iran or a project or consortium created exclusively by that government; and the company has failed to take substantial action; or
|
| (2) the company has, on or after August 5, 1996, made
| | an investment of $20 million or more, or any combination of investments of at least $10 million each that in the aggregate equals or exceeds $20 million in any 12-month period, that directly or significantly contributes to the enhancement of Iran's ability to develop petroleum resources of Iran.
|
| (c) A bid or offer that does not include the disclosure required by subsection (b) may be given a period after the bid or offer is submitted to cure non-disclosure. A chief procurement officer may consider the disclosure when evaluating the bid or offer or awarding the contract.
(d) Each chief procurement officer shall provide the State Comptroller with the name of each entity disclosed under subsection (b) as doing business or having done business in Iran. The State Comptroller shall post that information on his or her official website.
(Source: P.A. 98-1076, eff. 1-1-15 .)
|
30 ILCS 500/50-37 (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 potential contractors 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.
|
| "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. "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, 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 offers on State contracts total more than $50,000, or whose aggregate pending bids and offers on State contracts combined with the business entity's aggregate 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 offer during the period beginning on the date the invitation for bids, request for proposals, or any other procurement opportunity 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 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.
(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 calendar 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. 103-570, eff. 1-1-24; 103-600, eff. 7-1-24.)
|
|
|
|