April 10, 2009

Illinois Governor Pat Quinn Rescinds Former Governor’s Executive Order 3 Altering State Pay-to-Play Regulations

Holland & Knight Alert
Christopher DeLacy | Joel E. Roberson

On Friday, April 3, 2009, Illinois Governor Pat Quinn issued Executive Order 9 (2009) rescinding former Governor Rod Blagojevich’s Executive Order 3 (2008). Former Governor Blagojevich’s Executive Order 3 created state pay-to-play regulations that were, in many cases, duplicative of the pay-to-play law enacted by the Illinois legislature in 2008 over the governor’s veto (Public Act 095-0971). Executive Order 9 does not affect the pay-to-play law enacted by the Illinois legislature. Governor Quinn explained that his intent was to resolve the “uncertainty and confusion regarding the scope of Executive Order Number 3 and its relationship to Public Act 095-0971.”

Illinois law continues to require business entities that seek or hold Illinois state contracts that, in the aggregate, total more than $50,000 to register with the State Board of Election and prohibits these businesses and affiliated parties from contributing to executive branch officers responsible for awarding state contracts. As a result of Executive Order 9 (2009), Illinois law no longer prohibits contributions by registered business entities and affiliated parties to members of the Illinois General Assembly and no longer prohibits contributions by these parties to all executive branch officers, but rather only those officers who are “responsible” for awarding the contracts the business seeks or holds. Click here to view a copy of Executive Order 9.

Additionally, Governor Quinn created the Illinois Reform Commission to evaluate the need for additional “pay-to-play” regulations and develop legislative recommendations by April 27, 2009. Click here to monitor progress by the Illinois Reform Commission.

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