093_SB1530enr

 
SB1530 Enrolled                      LRB093 07752 JAM 07940 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 and changing Section 50-60 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 shall  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)  the business is ordered to pay punitive damages
27        based on the conduct of any officer,  director,  partner,
28        or  other  managerial  agent  who has been convicted of a
29        felony referenced in subsection (a).
30        (d)  A natural  person  who  is  convicted  of  a  felony
31    referenced  in  subsection  (a)  remains  subject  to Section
 
SB1530 Enrolled            -2-       LRB093 07752 JAM 07940 b
 1    50-10.

 2        (30 ILCS 500/50-60)
 3        Sec. 50-60.  Voidable contracts.
 4        (a)  If any contract  is  entered  into  or  purchase  or
 5    expenditure of funds is made in violation of this Code or any
 6    other  law,  the  contract  may be declared void by the chief
 7    procurement officer or may be ratified and affirmed, provided
 8    the chief procurement officer determines that ratification is
 9    in the best interests of  the  State.   If  the  contract  is
10    ratified  and  affirmed, it shall be without prejudice to the
11    State's rights to any appropriate damages.
12        (b)  If, during the term of a contract,  the  contracting
13    agency  determines  that  the contractor is delinquent in the
14    payment of debt as set forth in Section 50-11 of  this  Code,
15    the  State  agency  may  declare  the  contract  void  if  it
16    determines that voiding the contract is in the best interests
17    of  the  State.   The Debt Collection Board shall adopt rules
18    for the implementation of this subsection (b).
19        (c)  If, during the term of a contract,  the  contracting
20    agency  determines  that  the  contractor  is in violation of
21    Section 50-10.5 of this Code, the  contracting  agency  shall
22    declare the contract void.
23    (Source: P.A. 92-404, eff. 7-1-02.)