093_HB2568eng

 
HB2568 Engrossed                     LRB093 11007 JAM 11665 b

 1        AN ACT concerning State procurement.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Procurement Code is  amended  by
 5    adding Section 50-10.5 as follows:

 6        (30 ILCS 500/50-10.5 new)
 7        Sec. 50-10.5.  Prohibited bidders and contractors.
 8        (a)  Unless  otherwise provided, no business shall bid or
 9    enter into a contract with the State of Illinois or any State
10    agency if the business or any officer, director, partner,  or
11    other  managerial agent of the business has been convicted of
12    a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or
13    Class 2 felony under the Illinois Securities Law of 1953  for
14    a period of 5 years from the date of conviction.
15        (b)  Every  bid submitted to and contract executed by the
16    State  shall  contain  a  certification  by  the  bidder   or
17    contractor  that  the  contractor  is  not  barred from being
18    awarded a contract under this Section and that the contractor
19    acknowledges that the contracting State  agency  may  declare
20    the  contract void if the certification completed pursuant to
21    this subsection (b) is false.
22        (c)  If  a  business  is  not  a  natural   person,   the
23    prohibition in subsection (a) applies only if:
24             (1)  the  business  itself  is convicted of a felony
25        referenced in subsection (a); or
26             (2)  any  officer,  director,  partner,   or   other
27        managerial  agent  convicted  of  a  felony referenced in
28        subsection (a) was acting in the  scope  of  his  or  her
29        employment  when he or she committed the felony such that
30        the business could be found liable under the  common  law
31        doctrine of corporate complicity.
 
HB2568 Engrossed            -2-      LRB093 11007 JAM 11665 b
 1        (d)  A  natural  person  who  is  convicted  of  a felony
 2    referenced in  subsection  (a)  remains  subject  to  Section
 3    50-10.