Bill Amendment: IL HB3298 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROCUREMNT-COAL-POSTAGE-REPORT

Status: 2019-03-29 - House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB3298 Detail]

Download: Illinois-2019-HB3298-House_Amendment_002.html

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Rep. William Davis

Filed: 3/18/2019

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AMENDMENT TO HOUSE BILL 3298
AMENDMENT NO. ______. Amend House Bill 3298 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Procurement Code is amended by
changing Sections 20-160 and 25-35 as follows:
(30 ILCS 500/20-160)
Sec. 20-160. Business entities; certification;
registration with the State Board of Elections.
(a) For purposes of this Section, the terms "business
entity", "contract", "State contract", "contract with a State
agency", "State agency", "affiliated entity", and "affiliated
person" have the meanings ascribed to those terms in Section
50-37.
(b) Every bid and offer submitted to and every contract
executed by the State on or after January 1, 2009 (the
effective date of Public Act 95-971) and every submission to a

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

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

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

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

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

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