Rep. William Davis

Filed: 3/18/2019

 

 


 

 


 
10100HB3298ham002LRB101 10709 RJF 57853 a

1
AMENDMENT TO HOUSE BILL 3298

2    AMENDMENT NO. ______. Amend House Bill 3298 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Sections 20-160 and 25-35 as follows:
 
6    (30 ILCS 500/20-160)
7    Sec. 20-160. Business entities; certification;
8registration with the State Board of Elections.
9    (a) For purposes of this Section, the terms "business
10entity", "contract", "State contract", "contract with a State
11agency", "State agency", "affiliated entity", and "affiliated
12person" have the meanings ascribed to those terms in Section
1350-37.
14    (b) Every bid and offer submitted to and every contract
15executed by the State on or after January 1, 2009 (the
16effective date of Public Act 95-971) and every submission to a

 

 

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1vendor portal shall contain (1) a certification by the bidder,
2offeror, vendor, or contractor that either (i) the bidder,
3offeror, vendor, or contractor is not required to register as a
4business entity with the State Board of Elections pursuant to
5this Section or (ii) the bidder, offeror, vendor, or contractor
6has registered as a business entity with the State Board of
7Elections and acknowledges a continuing duty to update the
8registration and (2) a statement that the contract is voidable
9under Section 50-60 for the bidder's, offeror's, vendor's, or
10contractor's failure to comply with this Section.
11    (c) Each business entity (i) whose aggregate bids and
12proposals on State contracts annually total more than $50,000,
13(ii) whose aggregate bids and proposals on State contracts
14combined with the business entity's aggregate annual total
15value of State contracts exceed $50,000, or (iii) whose
16contracts with State agencies, in the aggregate, annually total
17more than $50,000 shall register with the State Board of
18Elections in accordance with Section 9-35 of the Election Code.
19A business entity required to register under this subsection
20due to item (i) or (ii) has a continuing duty to ensure that
21the registration is accurate during the period beginning on the
22date of registration and ending on the day after the date the
23contract is awarded; any change in information must be reported
24to the State Board of Elections 5 business days following such
25change or no later than a day before the contract is awarded,
26whichever date is earlier. A business entity required to

 

 

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1register under this subsection due to item (iii) has a
2continuing duty to ensure that the registration is accurate in
3accordance with subsection (e).
4    (d) Any business entity, not required under subsection (c)
5to register, whose aggregate bids and proposals on State
6contracts annually total more than $50,000, or whose aggregate
7bids and proposals on State contracts combined with the
8business entity's aggregate annual total value of State
9contracts exceed $50,000, shall register with the State Board
10of Elections in accordance with Section 9-35 of the Election
11Code prior to submitting to a State agency the bid or proposal
12whose value causes the business entity to fall within the
13monetary description of this subsection. A business entity
14required to register under this subsection has a continuing
15duty to ensure that the registration is accurate during the
16period beginning on the date of registration and ending on the
17day after the date the contract is awarded. Any change in
18information must be reported to the State Board of Elections
19within 5 business days following such change or no later than a
20day before the contract is awarded, whichever date is earlier.
21    (e) A business entity whose contracts with State agencies,
22in the aggregate, annually total more than $50,000 must
23maintain its registration under this Section and has a
24continuing duty to ensure that the registration is accurate for
25the duration of the term of office of the incumbent
26officeholder awarding the contracts or for a period of 2 years

 

 

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1following the expiration or termination of the contracts,
2whichever is longer. A business entity, required to register
3under this subsection, has a continuing duty to report any
4changes on a quarterly basis to the State Board of Elections
5within 14 calendar days following the last day of January,
6April, July, and October of each year. Any update pursuant to
7this paragraph that is received beyond that date is presumed
8late and the civil penalty authorized by subsection (e) of
9Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
10assessed.
11    Also, if a business entity required to register under this
12subsection has a pending bid or offer, any change in
13information shall be reported to the State Board of Elections
14within 7 calendar days following such change or no later than a
15day before the contract is awarded, whichever date is earlier.
16    (f) A business entity's continuing duty under this Section
17to ensure the accuracy of its registration includes the
18requirement that the business entity notify the State Board of
19Elections of any change in information, including, but not
20limited to, changes of affiliated entities or affiliated
21persons.
22    (g) For any bid or offer for a contract with a State agency
23by a business entity required to register under this Section,
24the chief procurement officer shall verify that the business
25entity is required to register under this Section and is in
26compliance with the registration requirements on the date the

 

 

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1bid or offer is due. Vendors who submit bids or proposals who
2are required to register under this Section and that are
3otherwise responsive, but who failed to register, shall be
4notified of the deficiency and shall be afforded a period not
5to exceed 10 calendar days from the date of notification to
6cure that deficiency in the bid or proposal. A chief
7procurement officer shall not accept a bid or offer if the
8business entity is not in compliance with the registration
9requirements as of the date bids or offers are due. Upon
10discovery of noncompliance with this Section, if the bidder or
11offeror made a good faith effort to comply with registration
12efforts prior to the date the bid or offer is due, a chief
13procurement officer may provide the bidder or offeror 5
14business days to achieve compliance. A chief procurement
15officer may extend the time to prove compliance by as long as
16necessary in the event that there is a failure within the State
17Board of Election's registration system.
18    (h) A registration, and any changes to a registration, must
19include the business entity's verification of accuracy and
20subjects the business entity to the penalties of the laws of
21this State for perjury.
22    In addition to any penalty under Section 9-35 of the
23Election Code, intentional, willful, or material failure to
24disclose information required for registration shall render
25the contract, bid, offer, or other procurement relationship
26voidable by the chief procurement officer if he or she deems it

 

 

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1to be in the best interest of the State of Illinois.
2    (i) This Section applies regardless of the method of source
3selection used in awarding the contract.
4(Source: P.A. 100-43, eff. 8-9-17; revised 10-11-18.)
 
5    (30 ILCS 500/25-35)
6    Sec. 25-35. Purchase of coal and postage stamps.
7    (a) Delivery of necessary supplies. To avoid interruption
8or impediment of delivery of necessary supplies, commodities,
9and coal, State purchasing officers may approve a State
10agency's purchases of or contracts for supplies and commodities
11after April 30 of a fiscal year when delivery of the supplies
12and commodities is to be made after June 30 of that fiscal year
13and payment for which is to be made from appropriations for the
14next fiscal year.
15    (b) Postage. All postage stamps purchased from State funds
16for use by the General Assembly must be perforated for
17identification purposes. A General Assembly member may furnish
18the U.S. Post Office with a warrant so as to allow for the
19creation or continuation of a bulk rate mailing fund in the
20name of the General Assembly member or may furnish a postage
21meter company or post office with a warrant so as to facilitate
22the purchase of a postage meter and its stamps. Any postage
23meter so purchased must also contain a stamp that shall state
24"Official State Mail".
25(Source: P.A. 100-43, eff. 8-9-17.)
 

 

 

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1    (30 ILCS 500/25-55 rep.)
2    Section 10. The Illinois Procurement Code is amended by
3repealing Section 25-55.".