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.