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91_HB2275ham001
LRB9105328MWpcam
1 AMENDMENT TO HOUSE BILL 2275
2 AMENDMENT NO. . Amend House Bill 2275 by replacing
3 the title with the following:
4 "AN ACT concerning State contracts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois State Collection Act of 1986 is
8 amended by changing Section 5 as follows:
9 (30 ILCS 210/5) (from Ch. 15, par. 155)
10 Sec. 5. Rules; payment plans; offsets.
11 (a) State agencies shall adopt rules establishing formal
12 due dates for amounts owing to the State and for the referral
13 of seriously past due accounts to private collection
14 agencies, unless otherwise expressly provided by law or rule.
15 Such procedures shall be established in accord with sound
16 business practices.
17 (b) Agencies may enter deferred payment plans for
18 debtors of the agency and documentation of this fact retained
19 by the agency, where the deferred payment plan is likely to
20 increase the net amount collected by the State.
21 (c) State agencies may use the Comptroller's Offset
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1 System provided in Section 10.05 of the State Comptroller Act
2 for the collection of debts owed to the agency. All debts
3 that exceed $1,000 and are more than 90 days past due shall
4 be placed in the Comptroller's Offset System, unless the
5 State agency shall have entered into a deferred payment plan
6 or demonstrates to the Comptroller's satisfaction that
7 referral for offset is not cost effective.
8 (d) State agencies shall develop internal procedures
9 whereby agency initiated payments to its debtors may be
10 offset without referral to the Comptroller's Offset System.
11 (e) State agencies or the Comptroller may remove claims
12 from the Comptroller's Offset System, where such claims have
13 been inactive for more than one year.
14 (f) When a contract is filed with the Comptroller under
15 Section 20-80 of the Illinois Procurement Code, the
16 Comptroller may use the Comptroller's offset system to
17 determine if a claim is made against the contractor. If the
18 Comptroller finds that a contractor's name is listed in the
19 Comptroller's offset system, the Comptroller may inform (i)
20 the notifying agencies that submitted the claim to the
21 Comptroller's offset system, (ii) the contracting agency, and
22 (iii) the contractor that the contractor's name was detected
23 by the system.
24 (Source: P.A. 90-332, eff. 1-1-98.)
25 Section 10. The Illinois Procurement Code is amended by
26 changing Section 50-60 and adding Section 50-11 as follows:
27 (30 ILCS 500/50-11 new)
28 Sec. 50-11. Child support or debt delinquency.
29 (a) No person shall enter into a contract under this
30 Code if that person knows or should know that he or she is
31 (i) in arrears under a court or administrative order for
32 child support in an amount equal to 90 days or more of
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1 obligations or (ii) delinquent in the payment of any debt to
2 the State, unless the person is contesting, in accordance
3 with the procedures established by the appropriate Act, his
4 or her liability for the debt owed.
5 (b) Every bid submitted to and contract executed by the
6 State shall contain a certification by the contractor that
7 the contractor is not barred from being awarded a contract
8 under this Section and that the contractor acknowledges that
9 a false certification could make the contract subject to
10 being declared void under Section 50-60.
11 (30 ILCS 500/50-60)
12 Sec. 50-60. Voidable contracts.
13 (a) If any contract is entered into or purchase or
14 expenditure of funds is made in violation of this Code or any
15 other law, the contract may be declared void by the chief
16 procurement officer or may be ratified and affirmed, provided
17 the chief procurement officer determines that ratification is
18 in the best interests of the State. If the contract is
19 ratified and affirmed, it shall be without prejudice to the
20 State's rights to any appropriate damages.
21 (b) If during the term of a contract the contracting
22 agency is informed by the Comptroller that the contractor is
23 in arrears in child support or delinquent in the payment of
24 debt as set forth in Section 50-11, the contract may be
25 declared void by the chief procurement officer if he or she
26 finds it is in the best interest of the State. In deciding
27 whether to void a contract, the chief procurement officer may
28 confer with the notifying agency that submitted the claim to
29 the Comptroller's offset system.
30 (Source: P.A. 90-572, eff. 2-6-98.)".