Full Text of HB4649 99th General Assembly
HB4649 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4649 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Requires every bidder, offeror, vendor, or contractor with the State to certify that they have a security policy in place that protects private and confidential information from being released without proper authorization.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 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 | | changing Section 20-160 as follows:
| 6 | | (30 ILCS 500/20-160)
| 7 | | Sec. 20-160. Business entities; certification; | 8 | | registration with the State Board of Elections. | 9 | | (a) For purposes of this Section, the terms "business | 10 | | entity", "contract", "State contract", "contract with a State | 11 | | agency", "State agency", "affiliated entity", and "affiliated | 12 | | person" have the meanings ascribed to those terms in Section | 13 | | 50-37. | 14 | | (b) Every bid and offer submitted to and every contract | 15 | | executed by the State on or after January 1, 2009 (the | 16 | | effective date of Public Act 95-971) and every submission to a | 17 | | vendor portal shall contain (1) a certification by the bidder, | 18 | | offeror, vendor, or contractor that either (i) the bidder, | 19 | | offeror, vendor, or contractor is not required to register as a | 20 | | business entity with the State Board of Elections pursuant to | 21 | | this Section or (ii) the bidder, offeror, vendor, or contractor | 22 | | has registered as a business entity with the State Board of | 23 | | Elections and acknowledges a continuing duty to update the |
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| 1 | | registration , and (2) a statement that the contract is voidable | 2 | | under Section 50-60 for the bidder's, offeror's, vendor's, or | 3 | | contractor's failure to comply with this Section , and (3) a | 4 | | certification by the bidder, offeror, vendor, or contractor | 5 | | that they have a security policy in place that protects private | 6 | | and confidential information from being released without | 7 | | proper authorization . | 8 | | (c) Each business entity (i) whose aggregate bids and | 9 | | proposals on State contracts annually total more than $50,000, | 10 | | (ii) whose aggregate bids and proposals on State contracts | 11 | | combined with the business entity's aggregate annual total | 12 | | value of State contracts exceed $50,000, or (iii) whose | 13 | | contracts with State agencies, in the aggregate, annually total | 14 | | more than $50,000 shall register with the State Board of | 15 | | Elections in accordance with Section 9-35 of the Election Code. | 16 | | A business entity required to register under this subsection | 17 | | due to item (i) or (ii) has a continuing duty to ensure that | 18 | | the registration is accurate during the period beginning on the | 19 | | date of registration and ending on the day after the date the | 20 | | contract is awarded; any change in information must be reported | 21 | | to the State Board of Elections 5 business days following such | 22 | | change or no later than a day before the contract is awarded, | 23 | | whichever date is earlier. A business entity required to | 24 | | register under this subsection due to item (iii) has a | 25 | | continuing duty to ensure that the registration is accurate in | 26 | | accordance with subsection (e). |
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| 1 | | (d) Any business entity, not required under subsection (c) | 2 | | to register, whose aggregate bids and proposals on State | 3 | | contracts annually total more than $50,000, or whose aggregate | 4 | | bids and proposals on State contracts combined with the | 5 | | business entity's aggregate annual total value of State | 6 | | contracts exceed $50,000, shall register with the State Board | 7 | | of Elections in accordance with Section 9-35 of the Election | 8 | | Code prior to submitting to a State agency the bid or proposal | 9 | | whose value causes the business entity to fall within the | 10 | | monetary description of this subsection. A business entity | 11 | | required to register under this subsection has a continuing | 12 | | duty to ensure that the registration is accurate during the | 13 | | period beginning on the date of registration and ending on the | 14 | | day after the date the contract is awarded. Any change in | 15 | | information must be reported to the State Board of Elections | 16 | | within 5 business days following such change or no later than a | 17 | | day before the contract is awarded, whichever date is earlier. | 18 | | (e) A business entity whose contracts with State agencies, | 19 | | in the aggregate, annually total more than $50,000 must | 20 | | maintain its registration under this Section and has a | 21 | | continuing duty to ensure that the registration is accurate for | 22 | | the duration of the term of office of the incumbent | 23 | | officeholder awarding the contracts or for a period of 2 years | 24 | | following the expiration or termination of the contracts, | 25 | | whichever is longer. A business entity, required to register | 26 | | under this subsection, has a continuing duty to report any |
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| 1 | | changes on a quarterly basis to the State Board of Elections | 2 | | within 14 calendar days following the last day of January, | 3 | | April, July, and October of each year. Any update pursuant to | 4 | | this paragraph that is received beyond that date is presumed | 5 | | late and the civil penalty authorized by subsection (e) of | 6 | | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | 7 | | assessed. | 8 | | Also, if a business entity required to register under this | 9 | | subsection has a pending bid or offer, any change in | 10 | | information shall be reported to the State Board of Elections | 11 | | within 7 calendar days following such change or no later than a | 12 | | day before the contract is awarded, whichever date is earlier. | 13 | | (f) A business entity's continuing duty under this Section | 14 | | to ensure the accuracy of its registration includes the | 15 | | requirement that the business entity notify the State Board of | 16 | | Elections of any change in information, including but not | 17 | | limited to changes of affiliated entities or affiliated | 18 | | persons. | 19 | | (g) For any bid or offer for a contract with a State agency | 20 | | by a business entity required to register under this Section, | 21 | | the chief procurement officer shall verify that the business | 22 | | entity is required to register under this Section and is in | 23 | | compliance with the registration requirements on the date the | 24 | | bid or offer is due. A chief procurement officer shall not | 25 | | accept a bid or offer if the business entity is not in | 26 | | compliance with the registration requirements as of the date |
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| 1 | | bids or offers are due. | 2 | | (h) A registration, and any changes to a registration, must | 3 | | include the business entity's verification of accuracy and | 4 | | subjects the business entity to the penalties of the laws of | 5 | | this State for perjury. | 6 | | In addition to any penalty under Section 9-35 of the | 7 | | Election Code, intentional, willful, or material failure to | 8 | | disclose information required for registration shall render | 9 | | the contract, bid, offer, or other procurement relationship | 10 | | voidable by the chief procurement officer if he or she deems it | 11 | | to be in the best interest of the State of Illinois. | 12 | | (i) This Section applies regardless of the method of source | 13 | | selection used in awarding the contract.
| 14 | | (Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12; | 15 | | 98-1076, eff. 1-1-15 .)
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