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| [ Introduced ] | [ House Amendment 001 ] |
91_HB2275eng HB2275 Engrossed LRB9105327DHmg 1 AN ACT concerning State contracts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois State Collection Act of 1986 is 5 amended by changing Section 5 as follows: 6 (30 ILCS 210/5) (from Ch. 15, par. 155) 7 Sec. 5. Rules; payment plans; offsets. 8 (a) State agencies shall adopt rules establishing formal 9 due dates for amounts owing to the State and for the referral 10 of seriously past due accounts to private collection 11 agencies, unless otherwise expressly provided by law or rule. 12 Such procedures shall be established in accord with sound 13 business practices. 14 (b) Agencies may enter deferred payment plans for 15 debtors of the agency and documentation of this fact retained 16 by the agency, where the deferred payment plan is likely to 17 increase the net amount collected by the State. 18 (c) State agencies may use the Comptroller's Offset 19 System provided in Section 10.05 of the State Comptroller Act 20 for the collection of debts owed to the agency. All debts 21 that exceed $1,000 and are more than 90 days past due shall 22 be placed in the Comptroller's Offset System, unless the 23 State agency shall have entered into a deferred payment plan 24 or demonstrates to the Comptroller's satisfaction that 25 referral for offset is not cost effective. 26 (d) State agencies shall develop internal procedures 27 whereby agency initiated payments to its debtors may be 28 offset without referral to the Comptroller's Offset System. 29 (e) State agencies or the Comptroller may remove claims 30 from the Comptroller's Offset System, where such claims have 31 been inactive for more than one year. HB2275 Engrossed -2- LRB9105327DHmg 1 (f) When a contract is filed with the Comptroller under 2 Section 20-80 of the Illinois Procurement Code, the 3 Comptroller may use the Comptroller's offset system to 4 determine if a claim is made against the contractor. If the 5 Comptroller finds that a contractor's name is listed in the 6 Comptroller's offset system, the Comptroller may inform (i) 7 the notifying agencies that submitted the claim to the 8 Comptroller's offset system, (ii) the contracting agency, and 9 (iii) the contractor that the contractor's name was detected 10 by the system. 11 (Source: P.A. 90-332, eff. 1-1-98.) 12 Section 10. The Illinois Procurement Code is amended by 13 changing Section 50-60 and adding Section 50-11 as follows: 14 (30 ILCS 500/50-11 new) 15 Sec. 50-11. Child support or debt delinquency. 16 (a) No person shall enter into a contract under this 17 Code if that person knows or should know that he or she is 18 (i) in arrears under a court or administrative order for 19 child support in an amount equal to 90 days or more of 20 obligations or (ii) delinquent in the payment of any debt to 21 the State, unless the person is contesting, in accordance 22 with the procedures established by the appropriate Act, his 23 or her liability for the debt owed. 24 (b) Every bid submitted to and contract executed by the 25 State shall contain a certification by the contractor that 26 the contractor is not barred from being awarded a contract 27 under this Section and that the contractor acknowledges that 28 a false certification could make the contract subject to 29 being declared void under Section 50-60. 30 (30 ILCS 500/50-60) 31 Sec. 50-60. Voidable contracts. HB2275 Engrossed -3- LRB9105327DHmg 1 (a) If any contract is entered into or purchase or 2 expenditure of funds is made in violation of this Code or any 3 other law, the contract may be declared void by the chief 4 procurement officer or may be ratified and affirmed, provided 5 the chief procurement officer determines that ratification is 6 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. 9 (b) If during the term of a contract the contracting 10 agency is informed by the Comptroller that the contractor is 11 in arrears in child support or delinquent in the payment of 12 debt as set forth in Section 50-11, the contract may be 13 declared void by the chief procurement officer if he or she 14 finds it is in the best interest of the State. In deciding 15 whether to void a contract, the chief procurement officer may 16 confer with the notifying agency that submitted the claim to 17 the Comptroller's offset system. 18 (Source: P.A. 90-572, eff. 2-6-98.)