Illinois General Assembly - Full Text of HB3158
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Full Text of HB3158  97th General Assembly


Rep. Lou Lang

Filed: 3/2/2011





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2    AMENDMENT NO. ______. Amend House Bill 3158 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Procurement Code is amended by
5changing Section 50-37 as follows:
6    (30 ILCS 500/50-37)
7    Sec. 50-37. Prohibition of political contributions.
8    (a) As used in this Section:
9        The terms "contract", "State contract", and "contract
10    with a State agency" each mean any contract, as defined in
11    this Code, between a business entity and a State agency let
12    or awarded pursuant to this Code. The terms "contract",
13    "State contract", and "contract with a State agency" do not
14    include cost reimbursement contracts; purchase of care
15    agreements as defined in Section 1-15.68 of this Code;
16    contracts for projects eligible for full or partial



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1    federal-aid funding reimbursements authorized by the
2    Federal Highway Administration; grants, including but are
3    not limited to grants for job training or transportation;
4    and grants, loans, or tax credit agreements for economic
5    development purposes.
6        "Contribution" means a contribution as defined in
7    Section 9-1.4 of the Election Code.
8        "Declared candidate" means a person who has filed a
9    statement of candidacy and petition for nomination or
10    election in the principal office of the State Board of
11    Elections.
12        "State agency" means and includes all boards,
13    commissions, agencies, institutions, authorities, and
14    bodies politic and corporate of the State, created by or in
15    accordance with the Illinois Constitution or State
16    statute, of the executive branch of State government and
17    does include colleges, universities, public employee
18    retirement systems, and institutions under the
19    jurisdiction of the governing boards of the University of
20    Illinois, Southern Illinois University, Illinois State
21    University, Eastern Illinois University, Northern Illinois
22    University, Western Illinois University, Chicago State
23    University, Governors State University, Northeastern
24    Illinois University, and the Illinois Board of Higher
25    Education.
26        "Officeholder" means the Governor, Lieutenant



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1    Governor, Attorney General, Secretary of State,
2    Comptroller, or Treasurer. The Governor shall be
3    considered the officeholder responsible for awarding all
4    contracts by all officers and employees of, and vendors and
5    others doing business with, executive branch State
6    agencies under the jurisdiction of the Executive Ethics
7    Commission and not within the jurisdiction of the Attorney
8    General, the Secretary of State, the Comptroller, or the
9    Treasurer.
10        "Sponsoring entity" means a sponsoring entity as
11    defined in Section 9-3 of the Election Code.
12        "Affiliated person" means (i) any person with any
13    ownership interest or distributive share of the bidding or
14    contracting business entity in excess of 7.5%, (ii)
15    executive employees of the bidding or contracting business
16    entity, and (iii) the spouse of any such persons.
17    "Affiliated person" does not include a person prohibited by
18    federal law from making contributions or expenditures in
19    connection with a federal, state, or local election.
20        "Affiliated entity" means (i) any corporate parent and
21    each operating subsidiary of the bidding or contracting
22    business entity, (ii) each operating subsidiary of the
23    corporate parent of the bidding or contracting business
24    entity, (iii) any organization recognized by the United
25    States Internal Revenue Service as a tax-exempt
26    organization described in Section 501(c) of the Internal



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1    Revenue Code of 1986 (or any successor provision of federal
2    tax law) established by the bidding or contracting business
3    entity, any affiliated entity of that business entity, or
4    any affiliated person of that business entity, or (iv) any
5    political committee for which the bidding or contracting
6    business entity, or any 501(c) organization described in
7    item (iii) related to that business entity, is the
8    sponsoring entity. "Affiliated entity" does not include an
9    entity prohibited by federal law from making contributions
10    or expenditures in connection with a federal, state, or
11    local election.
12        "Business entity" means any entity doing business for
13    profit, whether organized as a corporation, partnership,
14    sole proprietorship, limited liability company or
15    partnership, or otherwise.
16        "Executive employee" means (i) the President,
17    Chairman, or Chief Executive Officer of a business entity
18    and any other individual that fulfills equivalent duties as
19    the President, Chairman of the Board, or Chief Executive
20    Officer of a business entity; and (ii) any employee of a
21    business entity whose compensation is determined directly,
22    in whole or in part, by the award or payment of contracts
23    by a State agency to the entity employing the employee. A
24    regular salary that is paid irrespective of the award or
25    payment of a contract with a State agency shall not
26    constitute "compensation" under item (ii) of this



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1    definition. "Executive employee" does not include any
2    person prohibited by federal law from making contributions
3    or expenditures in connection with a federal, state, or
4    local election.
5    (b) Any business entity whose contracts with State
6agencies, in the aggregate, annually total more than $50,000,
7and any affiliated entities or affiliated persons of such
8business entity, are prohibited from making any contributions
9to any political committees established to promote the
10candidacy of (i) the officeholder responsible for awarding the
11contracts or (ii) any other declared candidate for that office.
12This prohibition shall be effective for the duration of the
13term of office of the incumbent officeholder awarding the
14contracts or for a period of 2 years following the expiration
15or termination of the contracts, whichever is longer.
16    (c) Any business entity whose aggregate pending bids and
17proposals on State contracts total more than $50,000, or whose
18aggregate pending bids and proposals on State contracts
19combined with the business entity's aggregate annual total
20value of State contracts exceed $50,000, and any affiliated
21entities or affiliated persons of such business entity, are
22prohibited from making any contributions to any political
23committee established to promote the candidacy of the
24officeholder responsible for awarding the contract on which the
25business entity has submitted a bid or proposal during the
26period beginning on the date the invitation for bids or request



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1for proposals is issued and ending on the day after the date
2the contract is awarded.
3    (c-5) For the purposes of the prohibitions under
4subsections (b) and (c) of this Section, (i) any contribution
5made to a political committee established to promote the
6candidacy of the Governor or a declared candidate for the
7office of Governor shall also be considered as having been made
8to a political committee established to promote the candidacy
9of the Lieutenant Governor, in the case of the Governor, or the
10declared candidate for Lieutenant Governor having filed a joint
11petition, or write-in declaration of intent, with the declared
12candidate for Governor, as applicable, and (ii) any
13contribution made to a political committee established to
14promote the candidacy of the Lieutenant Governor or a declared
15candidate for the office of Lieutenant Governor shall also be
16considered as having been made to a political committee
17established to promote the candidacy of the Governor, in the
18case of the Lieutenant Governor, or the declared candidate for
19Governor having filed a joint petition, or write-in declaration
20of intent, with the declared candidate for Lieutenant Governor,
21as applicable.
22    (d) All contracts between State agencies and a business
23entity that violate subsection (b) or (c) shall be voidable
24under Section 50-60. If a business entity violates subsection
25(b) 3 or more times within a 36-month period, then all
26contracts between State agencies and that business entity shall



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1be void, and that business entity shall not bid or respond to
2any invitation to bid or request for proposals from any State
3agency or otherwise enter into any contract with any State
4agency for 3 years from the date of the last violation. A
5notice of each violation and the penalty imposed shall be
6published in both the Procurement Bulletin and the Illinois
8    (e) Any political committee that has received a
9contribution in violation of subsection (b) or (c) shall pay an
10amount equal to the value of the contribution to the State no
11more than 30 days after notice of the violation concerning the
12contribution appears in the Illinois Register. Payments
13received by the State pursuant to this subsection shall be
14deposited into the general revenue fund.
15(Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09;
1696-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the
17effective date of changes made by P.A. 96-795); 96-848, eff.
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".