093_SB1530ham001

 










                                     LRB093 07752 JAM 15104 a

 1                    AMENDMENT TO SENATE BILL 1530

 2        AMENDMENT NO.     .  Amend Senate Bill 1530 by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 07752 JAM 15104 a
 1    prohibition in subsection (a) applies only if:
 2             (1)  the business itself is convicted  of  a  felony
 3        referenced in subsection (a); or
 4             (2)  the business is ordered to pay punitive damages
 5        based  on  the conduct of any officer, director, partner,
 6        or other managerial agent who has  been  convicted  of  a
 7        felony referenced in subsection (a).
 8        (d)  A  natural  person  who  is  convicted  of  a felony
 9    referenced in  subsection  (a)  remains  subject  to  Section
10    50-10.

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