Full Text of HB2312 94th General Assembly
HB2312ham002 94TH GENERAL ASSEMBLY
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Rep. William Davis
Filed: 4/12/2005
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09400HB2312ham002 |
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LRB094 03307 RSP 45120 a |
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| AMENDMENT TO HOUSE BILL 2312
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| AMENDMENT NO. ______. Amend House Bill 2312 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 90-25. The Illinois Procurement Code is amended by | 5 |
| changing Sections 1-15.30, 15-25, 20-25, 20-30, 20-80, 50-20, | 6 |
| 50-30, and 50-60 and by adding Section 50-37 as follows:
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| (30 ILCS 500/1-15.30)
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| Sec. 1-15.30. Contract. "Contract" means all types of
State | 9 |
| agreements, regardless
of what they may be called, for the | 10 |
| procurement, use, or disposal
of supplies, services,
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| professional or artistic services, or construction or for | 12 |
| leases of real
property or
capital improvements,
and including | 13 |
| master contracts, contracts for financing through
use of | 14 |
| installment or
lease-purchase arrangements, renegotiated | 15 |
| contracts, amendments to contracts and change orders. The | 16 |
| changes to this Section made by this amendatory Act of the 94th | 17 |
| General Assembly apply to amendments executed on or after its | 18 |
| effective date.
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| (Source: P.A. 90-572, eff. 2-6-98.)
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| (30 ILCS 500/15-25)
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| Sec. 15-25. Bulletin content.
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| (a) Invitations for bids. Notice of each and every contract | 23 |
| that is
offered, including renegotiated contracts and change |
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| orders,
shall be published in the Bulletin. The applicable | 2 |
| chief procurement officer
may provide by rule an organized | 3 |
| format for the publication of this
information, but in any case | 4 |
| it must include at least the date first offered,
the date | 5 |
| submission of offers is due, the location that offers are to be
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| submitted to, the purchasing State agency, the responsible | 7 |
| State purchasing
officer, a brief purchase description, the | 8 |
| method of source selection, and
information of how to obtain a | 9 |
| comprehensive purchase description and any
disclosure and | 10 |
| contract forms.
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| (b) Contracts let or awarded. Notice of each and every | 12 |
| contract that is let
or awarded, including renegotiated | 13 |
| contracts and change orders, shall be
published in the next | 14 |
| available subsequent Bulletin, and
the applicable chief | 15 |
| procurement officer may provide by rule an organized
format for | 16 |
| the publication
of
this information, but in any case it must | 17 |
| include at least all of the
information specified in subsection | 18 |
| (a) as well as the name of the successful
responsible bidder or | 19 |
| offeror, the contract price, the number of unsuccessful
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| responsive bidders, and any other disclosure specified in any | 21 |
| Section of this
Code. This notice shall include the disclosures | 22 |
| required under Section 50-37. In addition, the notice shall | 23 |
| summarize the outreach efforts undertaken by the agency to make | 24 |
| potential bidders or offerors aware of any contract offer other | 25 |
| than publication in the Bulletin. This notice must be posted in | 26 |
| the online electronic Bulletin within 10 business days after | 27 |
| the earlier of (i) execution of the contract or (ii) whenever | 28 |
| services or goods begin to be provided under the contract and, | 29 |
| in any event, prior to any payment by the State under the | 30 |
| contract.
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| (c) Emergency purchase disclosure. Any chief procurement | 32 |
| officer, State
purchasing officer, or designee exercising | 33 |
| emergency purchase authority under
this Code shall publish a | 34 |
| written description and reasons and the total cost,
if known, |
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| or an estimate if unknown and the name of the responsible chief
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| procurement officer and State purchasing officer, and the | 3 |
| business or person
contracted with for all emergency purchases | 4 |
| in
the next timely, practicable Bulletin. This notice must be | 5 |
| posted in the online electronic Bulletin within 10 business | 6 |
| days after the earlier of (i) execution of the contract or (ii) | 7 |
| whenever services or goods begin to be provided under the | 8 |
| contract and, in any event, prior to any payment by the State | 9 |
| under the contract.
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| (c-5) Each State agency shall post online on the | 11 |
| Procurement Bulletin a copy of its annual report of utilization | 12 |
| of businesses owned by minorities, females, and persons with | 13 |
| disabilities as submitted to the Business Enterprises Council | 14 |
| for Minorities, Females, and Persons with Disabilities | 15 |
| pursuant to Section 6(c) of the Business Enterprise for | 16 |
| Minorities, Females, and Persons with Disabilities Act within | 17 |
| 10 business days of its submission of its report to the | 18 |
| Council.
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| (d) Other required disclosure. The applicable chief | 20 |
| procurement officer
shall provide by rule for the organized | 21 |
| publication of all other disclosure
required in other Sections | 22 |
| of this Code in a timely manner.
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| (e) The changes to this Section made by this amendatory Act | 24 |
| of the 94th General Assembly apply to reports submitted, offers | 25 |
| made, and notices on contracts executed on or after its | 26 |
| effective date.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| (30 ILCS 500/20-25)
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| Sec. 20-25. Sole source procurements. In accordance with
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| standards set by rule,
contracts may be awarded without use of | 31 |
| the specified
method of source selection when
there is only one | 32 |
| economically feasible source for the item. This Section may not | 33 |
| be used as a basis for amending a contract if the amendment |
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| would result in an increase in the amount paid under the | 2 |
| contract of more than 5% of the initial award, or would extend | 3 |
| the contract term beyond the time reasonably needed for a | 4 |
| competitive procurement, not to exceed 2 months. At
least 2 | 5 |
| weeks before entering
into a sole source contract, the | 6 |
| purchasing agency shall publish
in the Illinois Procurement
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| Bulletin a notice of intent to do so along with a description | 8 |
| of
the item to be procured and the
intended sole source | 9 |
| contractor. The changes to this Section made by this amendatory | 10 |
| Act of the 94th General Assembly apply to amendments executed | 11 |
| on or after its effective date.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| (30 ILCS 500/20-30)
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| Sec. 20-30. Emergency purchases.
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| (a) Conditions for use. In accordance with standards set by
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| rule, a purchasing
agency may make emergency procurements | 17 |
| without competitive sealed
bidding or prior notice
when there | 18 |
| exists a threat to public health or public safety, or
when | 19 |
| immediate expenditure is
necessary for repairs to State | 20 |
| property in order to protect
against further loss of or damage | 21 |
| to
State property, to prevent or minimize serious disruption in | 22 |
| critical State
services that affect health, safety, or | 23 |
| collections of substantial State revenue , or to ensure the
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| integrity of State records ; provided, however, that the term of | 25 |
| the emergency purchase shall be limited to the time reasonably | 26 |
| needed for a competitive procurement, not to exceed 2 months . | 27 |
| Emergency procurements shall be made
with as much competition
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| as is practicable under the circumstances.
A written
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| description of the basis for the emergency and reasons for the
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| selection of the particular
contractor shall be included in the | 31 |
| contract file.
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| (b) Notice. Before the next appropriate volume of the | 33 |
| Illinois Procurement
Bulletin, the purchasing agency shall |
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| publish in the
Illinois Procurement Bulletin a copy of each | 2 |
| written description
and reasons and the total cost
of each | 3 |
| emergency procurement made during the previous month.
When only | 4 |
| an estimate of the
total cost is known at the time of | 5 |
| publication, the estimate shall
be identified as an estimate | 6 |
| and
published. When the actual total cost is determined, it | 7 |
| shall
also be published in like manner
before the 10th day of | 8 |
| the next succeeding month.
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| (c) Affidavits. A purchasing agency making a procurement
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| under this Section shall file
affidavits with the chief | 11 |
| procurement officer and the Auditor General within
10 days
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| after the procurement setting
forth the amount expended, the | 13 |
| name of the contractor involved,
and the conditions and
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| circumstances requiring the emergency procurement. When only | 15 |
| an
estimate of the cost is
available within 10 days after the | 16 |
| procurement, the actual cost
shall be reported immediately
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| after it is determined. At the end of each fiscal quarter, the
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| Auditor General shall file with the
Legislative Audit | 19 |
| Commission and the Governor a complete listing
of all emergency
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| procurements reported during that fiscal quarter. The | 21 |
| Legislative
Audit Commission shall
review the emergency | 22 |
| procurements so reported and, in its annual
reports, advise the | 23 |
| General
Assembly of procurements that appear to constitute an | 24 |
| abuse of
this Section.
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| (d) Quick purchases. The chief procurement officer may | 26 |
| promulgate rules
extending the circumstances by which a | 27 |
| purchasing agency may make purchases
under this Section, | 28 |
| including but not limited to the procurement of items
available | 29 |
| at a discount for a limited period of time.
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| (e) The changes to this Section made by this Amendatory Act | 31 |
| of the 94th General Assembly apply to procurements executed on | 32 |
| or after its effective date.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| (30 ILCS 500/20-80)
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| Sec. 20-80. Contract files.
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| (a) Written determinations. All written determinations
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| required under this Article shall
be placed in the contract | 5 |
| file maintained by the chief procurement officer.
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| (b) Filing with Comptroller. Whenever a grant, defined | 7 |
| pursuant to
accounting standards established by the | 8 |
| Comptroller, or a contract
liability,
except for:
(1) contracts | 9 |
| paid
from personal services, or
(2) contracts between the State | 10 |
| and its
employees to defer
compensation in accordance with | 11 |
| Article 24 of the Illinois Pension Code,
exceeding $10,000 is | 12 |
| incurred by any
State agency, a copy of the contract, purchase | 13 |
| order, grant, or
lease or amendments thereto shall be filed | 14 |
| with the
Comptroller within 15 days of execution.
thereafter.
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| Any cancellation or
modification to any such contract
liability | 16 |
| shall be filed with the Comptroller within 15 days of
its | 17 |
| execution.
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| (c) Late filing affidavit. When a contract, purchase order, | 19 |
| grant,
or lease or amendment thereto required to be
filed by | 20 |
| this Section has not been filed within 15
30 days of
execution, | 21 |
| notice shall be filed with the Comptroller within 15 days of | 22 |
| execution indicating that a contract or amendment thereto | 23 |
| described within the notice has been executed and will not be | 24 |
| filed within 15 days of execution, and the Comptroller shall | 25 |
| refuse
to issue a warrant for payment thereunder until the | 26 |
| agency files
with the Comptroller the
contract, purchase order, | 27 |
| grant, or lease or amendment thereto and an affidavit, signed | 28 |
| by the
chief executive officer of the
agency or his or her | 29 |
| designee, setting forth an explanation of why
the contract | 30 |
| liability was not
filed within 15
30 days of execution. A copy | 31 |
| of this affidavit shall
be filed with the Auditor
General.
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| (d) Professional and artistic services contracts. No
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| voucher shall be submitted to the
Comptroller for a warrant to | 34 |
| be drawn for the payment of money
from the State treasury or |
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| from
other funds held by the State Treasurer on account of any | 2 |
| contract
for services involving
professional or artistic | 3 |
| skills involving an expenditure of more
than $5,000 for the | 4 |
| same type of
service at the same location during any fiscal | 5 |
| year unless the
contract is reduced to writing
before the | 6 |
| services are performed and filed with the Comptroller.
When a | 7 |
| contract for
professional or artistic skills in excess of | 8 |
| $5,000 was not
reduced to writing before the services
were | 9 |
| performed, the Comptroller shall refuse to issue a warrant
for | 10 |
| payment for the services
until the State agency files with the | 11 |
| Comptroller:
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| (1) a written
contract covering the services, and
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| (2) an affidavit, signed by the chief executive officer | 14 |
| of the
State agency or his or her designee,
stating that | 15 |
| the services for which payment is being made were
agreed to | 16 |
| before commencement
of the services and setting forth an | 17 |
| explanation of why the
contract was not reduced to writing
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| before the services commenced.
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| A copy of this affidavit shall be
filed with the Auditor | 20 |
| General.
The Comptroller shall maintain professional or | 21 |
| artistic service
contracts filed under this Section
separately | 22 |
| from other filed contracts.
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| (e) Method of source selection. When a contract or | 24 |
| amendment thereto is filed
with the Comptroller under this
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| Section, the Comptroller's file shall identify the method of
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| source selection used in obtaining the
contract.
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| (f) Upon the request of the Comptroller, State agencies | 28 |
| shall supply all documents and information reasonably | 29 |
| requested by the Comptroller with respect to compliance with | 30 |
| this Code within 10 business days of the request.
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| (g) The changes to this Section made by this amendatory Act | 32 |
| of the 94th General Assembly apply to contracts, purchase | 33 |
| orders, grants, or leases or amendments thereto executed on or | 34 |
| after its effective date.
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LRB094 03307 RSP 45120 a |
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-904, eff. | 2 |
| 7-6-00.)
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| (30 ILCS 500/50-20)
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| Sec. 50-20. Exemptions. With the approval of the | 5 |
| appropriate chief
procurement officer involved, the Governor, | 6 |
| or an executive ethics board or
commission he or she | 7 |
| designates, may exempt named individuals from the
prohibitions | 8 |
| of
Section 50-13 when, in his, her, or its judgment, the public | 9 |
| interest in
having
the
individual in the service of the State | 10 |
| outweighs the public policy evidenced in
that Section. An | 11 |
| exemption is effective only when it is filed with the
Secretary | 12 |
| of State and the Comptroller and includes a statement setting | 13 |
| forth
the name of the individual and all the pertinent facts | 14 |
| that would make that
Section applicable, setting forth the | 15 |
| reason for the exemption, and declaring
the individual exempted | 16 |
| from that Section.
Exemptions must be filed with the Secretary | 17 |
| of State and Comptroller prior to execution of any contracts. A | 18 |
| copy of
Notice of each exemption shall be published in the | 19 |
| Illinois Procurement
Bulletin in its electronic form prior to | 20 |
| execution of the contract . The changes to this Section made by | 21 |
| this amendatory Act of the 94th General Assembly apply to | 22 |
| exemptions granted on or after its effective date.
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| (Source: P.A. 90-572, eff. 2-6-98.)
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| (30 ILCS 500/50-37 new) | 25 |
| Sec. 50-37. Contract award disclosure.
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| (a) For purposes of this Section: | 27 |
| "Contracting entity" means an entity that would execute any | 28 |
| contract with a State agency. | 29 |
| "Key persons" means any persons who (i) have an ownership | 30 |
| or distributive income share in the contracting entity that is | 31 |
| in excess of 5%, or an amount greater than 60% of the annual | 32 |
| salary of the Governor; (ii) serve as executive officers of the |
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| contracting entity; (iii) are employed by the contracting | 2 |
| entity who are required to register under the Lobbyist | 3 |
| Registration Act; (iv) are individuals or entities with whom | 4 |
| the contracting entity is contracting who are required to be | 5 |
| registered as lobbyists under the Lobbyist Registration Act; | 6 |
| and (v) are employed by the contracting entity who are special | 7 |
| government agents as defined in Section 4A-101(l) of the | 8 |
| Illinois Governmental Ethics Act. | 9 |
| (b) For contracts with an annual value of $50,000 or more | 10 |
| all offers from responsive bidders or offerors shall be | 11 |
| accompanied by disclosure of the names of the following: | 12 |
| (1) The contracting entity. | 13 |
| (2) Any entity that is a parent of, or owns a | 14 |
| controlling interest in, the contracting entity. | 15 |
| (3) Any entity that is a subsidiary of, or in which a | 16 |
| controlling interest is owned by the contracting entity. | 17 |
| (4) Any State, local, or federal political committee | 18 |
| that makes or may make political contributions on behalf of | 19 |
| the contracting entity. | 20 |
| (5) The contracting entity's key persons. | 21 |
| (c) Notices of contracts let or awarded published in the | 22 |
| Procurement Bulletin pursuant to Section 15-25 shall include as | 23 |
| part of the notice posted online the names disclosed by the | 24 |
| winning bidder or offeror pursuant to subsection (b). | 25 |
| (d) The changes made to this Section made by this | 26 |
| amendatory Act of the 94th General Assembly apply to contracts | 27 |
| first offered on or after its effective date.
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| (30 ILCS 500/50-60)
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| Sec. 50-60. Voidable contracts.
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| (a) If any contract or amendment thereto is entered into or | 31 |
| purchase
or expenditure of funds is made at any time in | 32 |
| violation of this Code or any other law,
the contract or | 33 |
| amendment thereto may be declared void by the Comptroller, with |
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| the approval of the Treasurer, or the chief procurement officer | 2 |
| or may be
ratified and affirmed by the Comptroller, with the | 3 |
| approval of the Treasurer, or by the chief procurement officer ,
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| provided the Comptroller, with the approval of the Treasurer, | 5 |
| or the chief procurement officer determines that ratification | 6 |
| is in the
best interests of the
State. If the contract is | 7 |
| ratified and affirmed, it shall be without prejudice
to the | 8 |
| State's rights to any appropriate damages.
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| (b) If, during the term of a contract, the contracting | 10 |
| agency determines
that the contractor is delinquent in the | 11 |
| payment of debt as set forth in
Section 50-11 of this Code, the | 12 |
| State agency may declare the contract void if
it determines | 13 |
| that voiding the contract is in the best interests of the | 14 |
| State.
The Debt Collection Board shall adopt rules for the | 15 |
| implementation of this
subsection (b).
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| (c) If, during the term of a contract, the contracting | 17 |
| agency determines
that the contractor is in violation of | 18 |
| Section 50-10.5 of this Code, the
contracting
agency shall | 19 |
| declare the contract void.
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| (d) The changes to this Section made by this amendatory Act | 21 |
| of the 94th General Assembly apply to actions taken by the | 22 |
| Comptroller and Treasurer on or after its effective date.
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| (Source: P.A. 92-404, eff. 7-1-02; 93-600, eff. 1-1-04.)
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| Section 99-5. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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