093_SB1530sam001

 










                                     LRB093 07752 JAM 12956 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 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
 
                            -2-      LRB093 07752 JAM 12956 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)  any   officer,   director,  partner,  or  other
 5        managerial agent convicted  of  a  felony  referenced  in
 6        subsection  (a)  was  acting  in  the scope of his or her
 7        employment when he or she committed the felony such  that
 8        the  business  could be found liable under the common law
 9        doctrine of corporate complicity.
10        (d)  A natural  person  who  is  convicted  of  a  felony
11    referenced  in  subsection  (a)  remains  subject  to Section
12    50-10.".