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.