Full Text of HB3298 101st General Assembly
HB3298ham001 101ST GENERAL ASSEMBLY | Rep. William Davis Filed: 3/12/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3298
| 2 | | AMENDMENT NO. ______. Amend House Bill 3298 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 20-160 and 25-35 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 |
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| 1 | | vendor portal shall contain (1) a certification by the bidder, | 2 | | offeror, vendor, or contractor that either (i) the bidder, | 3 | | offeror, vendor, or contractor is not required to register as a | 4 | | business entity with the State Board of Elections pursuant to | 5 | | this Section or (ii) the bidder, offeror, vendor, or contractor | 6 | | has registered as a business entity with the State Board of | 7 | | Elections and acknowledges a continuing duty to update the | 8 | | registration and (2) a statement that the contract is voidable | 9 | | under Section 50-60 for the bidder's, offeror's, vendor's, or | 10 | | contractor's failure to comply with this Section. | 11 | | (c) Each business entity (i) whose aggregate bids and | 12 | | proposals on State contracts annually total more than $50,000, | 13 | | (ii) whose aggregate bids and proposals on State contracts | 14 | | combined with the business entity's aggregate annual total | 15 | | value of State contracts exceed $50,000, or (iii) whose | 16 | | contracts with State agencies, in the aggregate, annually total | 17 | | more than $50,000 shall register with the State Board of | 18 | | Elections in accordance with Section 9-35 of the Election Code. | 19 | | A business entity required to register under this subsection | 20 | | due to item (i) or (ii) has a continuing duty to ensure that | 21 | | the registration is accurate during the period beginning on the | 22 | | date of registration and ending on the day after the date the | 23 | | contract is awarded; any change in information must be reported | 24 | | to the State Board of Elections 5 business days following such | 25 | | change or no later than a day before the contract is awarded, | 26 | | whichever date is earlier. A business entity required to |
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| 1 | | register under this subsection due to item (iii) has a | 2 | | continuing duty to ensure that the registration is accurate in | 3 | | accordance with subsection (e). | 4 | | (d) Any business entity, not required under subsection (c) | 5 | | to register, whose aggregate bids and proposals on State | 6 | | contracts annually total more than $50,000, or whose aggregate | 7 | | bids and proposals on State contracts combined with the | 8 | | business entity's aggregate annual total value of State | 9 | | contracts exceed $50,000, shall register with the State Board | 10 | | of Elections in accordance with Section 9-35 of the Election | 11 | | Code prior to submitting to a State agency the bid or proposal | 12 | | whose value causes the business entity to fall within the | 13 | | monetary description of this subsection. A business entity | 14 | | required to register under this subsection has a continuing | 15 | | duty to ensure that the registration is accurate during the | 16 | | period beginning on the date of registration and ending on the | 17 | | day after the date the contract is awarded. Any change in | 18 | | information must be reported to the State Board of Elections | 19 | | within 5 business days following such change or no later than a | 20 | | day before the contract is awarded, whichever date is earlier. | 21 | | (e) A business entity whose contracts with State agencies, | 22 | | in the aggregate, annually total more than $50,000 must | 23 | | maintain its registration under this Section and has a | 24 | | continuing duty to ensure that the registration is accurate for | 25 | | the duration of the term of office of the incumbent | 26 | | officeholder awarding the contracts or for a period of 2 years |
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| 1 | | following the expiration or termination of the contracts, | 2 | | whichever is longer. A business entity, required to register | 3 | | under this subsection, has a continuing duty to report any | 4 | | changes on a quarterly basis to the State Board of Elections | 5 | | within 14 calendar days following the last day of January, | 6 | | April, July, and October of each year. Any update pursuant to | 7 | | this paragraph that is received beyond that date is presumed | 8 | | late and the civil penalty authorized by subsection (e) of | 9 | | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | 10 | | assessed. | 11 | | Also, if a business entity required to register under this | 12 | | subsection has a pending bid or offer, any change in | 13 | | information shall be reported to the State Board of Elections | 14 | | within 7 calendar days following such change or no later than a | 15 | | day before the contract is awarded, whichever date is earlier. | 16 | | (f) A business entity's continuing duty under this Section | 17 | | to ensure the accuracy of its registration includes the | 18 | | requirement that the business entity notify the State Board of | 19 | | Elections of any change in information, including , but not | 20 | | limited to , changes of affiliated entities or affiliated | 21 | | persons. | 22 | | (g) For any bid or offer for a contract with a State agency | 23 | | by a business entity required to register under this Section, | 24 | | the chief procurement officer shall verify that the business | 25 | | entity is required to register under this Section and is in | 26 | | compliance with the registration requirements on the date a |
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| 1 | | contract is awarded the bid or offer is due . A chief | 2 | | procurement officer shall not accept an awarded contract a bid | 3 | | or offer if the business entity is not in compliance with the | 4 | | registration requirements as of the date the contract is | 5 | | awarded bids or offers are due. Upon discovery of noncompliance | 6 | | with this Section, if the bidder or offeror made a good faith | 7 | | effort to comply with registration efforts prior to the date | 8 | | the bid or offer is due, a chief procurement officer may | 9 | | provide the bidder or offeror 5 business days to achieve | 10 | | compliance. A chief procurement officer may extend the time to | 11 | | prove compliance by as long as necessary in the event that | 12 | | there is a failure within the State Board of Election's | 13 | | registration system . | 14 | | (h) A registration, and any changes to a registration, must | 15 | | include the business entity's verification of accuracy and | 16 | | subjects the business entity to the penalties of the laws of | 17 | | this State for perjury. | 18 | | In addition to any penalty under Section 9-35 of the | 19 | | Election Code, intentional, willful, or material failure to | 20 | | disclose information required for registration shall render | 21 | | the contract, bid, offer, or other procurement relationship | 22 | | voidable by the chief procurement officer if he or she deems it | 23 | | to be in the best interest of the State of Illinois. | 24 | | (i) This Section applies regardless of the method of source | 25 | | selection used in awarding the contract.
| 26 | | (Source: P.A. 100-43, eff. 8-9-17; revised 10-11-18.)
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| 1 | | (30 ILCS 500/25-35)
| 2 | | Sec. 25-35. Purchase of coal and postage stamps.
| 3 | | (a) Delivery of necessary supplies. To avoid interruption
| 4 | | or impediment of delivery
of necessary supplies, commodities, | 5 | | and coal, State purchasing
officers may approve a State | 6 | | agency's purchases of
or contracts for supplies and commodities | 7 | | after April 30 of a
fiscal year when delivery of the
supplies | 8 | | and commodities is to be made after June 30 of that
fiscal year | 9 | | and payment for which
is to be made from appropriations for the | 10 | | next fiscal year.
| 11 | | (b) Postage. All postage stamps purchased from State funds | 12 | | for use by the General Assembly
must be perforated for
| 13 | | identification purposes. A General Assembly member may furnish
| 14 | | the U.S. Post Office with
a warrant so as to allow for the | 15 | | creation or continuation of a
bulk rate mailing fund in the | 16 | | name
of the General Assembly member or may furnish a postage | 17 | | meter
company or post office with
a warrant so as to facilitate | 18 | | the purchase of a postage meter and
its stamps. Any postage | 19 | | meter
so purchased must also contain a stamp that shall state
| 20 | | "Official State Mail".
| 21 | | (Source: P.A. 100-43, eff. 8-9-17.)
| 22 | | (30 ILCS 500/25-55 rep.)
| 23 | | Section 10. The Illinois Procurement Code is amended by | 24 | | repealing Section 25-55.".
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