|
| Public Act 100-0757
|
| HB4745 Enrolled | LRB100 18741 RJF 33975 b |
|
|
AN ACT concerning finance.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Procurement Code is amended by |
changing Section 1-10 as follows:
|
(30 ILCS 500/1-10)
|
Sec. 1-10. Application.
|
(a) This Code applies only to procurements for which |
bidders, offerors, potential contractors, or contractors were |
first
solicited on or after July 1, 1998. This Code shall not |
be construed to affect
or impair any contract, or any provision |
of a contract, entered into based on a
solicitation prior to |
the implementation date of this Code as described in
Article |
99, including but not limited to any covenant entered into with |
respect
to any revenue bonds or similar instruments.
All |
procurements for which contracts are solicited between the |
effective date
of Articles 50 and 99 and July 1, 1998 shall be |
substantially in accordance
with this Code and its intent.
|
(b) This Code shall apply regardless of the source of the |
funds with which
the contracts are paid, including federal |
assistance moneys. Except as specifically provided in this |
Code, this
Code shall
not apply to:
|
(1) Contracts between the State and its political |
|
subdivisions or other
governments, or between State |
governmental bodies.
|
(2) Grants, except for the filing requirements of |
Section 20-80.
|
(3) Purchase of care.
|
(4) Hiring of an individual as employee and not as an |
independent
contractor, whether pursuant to an employment |
code or policy or by contract
directly with that |
individual.
|
(5) Collective bargaining contracts.
|
(6) Purchase of real estate, except that notice of this |
type of contract with a value of more than $25,000 must be |
published in the Procurement Bulletin within 10 calendar |
days after the deed is recorded in the county of |
jurisdiction. The notice shall identify the real estate |
purchased, the names of all parties to the contract, the |
value of the contract, and the effective date of the |
contract.
|
(7) Contracts necessary to prepare for anticipated |
litigation, enforcement
actions, or investigations, |
provided
that the chief legal counsel to the Governor shall |
give his or her prior
approval when the procuring agency is |
one subject to the jurisdiction of the
Governor, and |
provided that the chief legal counsel of any other |
procuring
entity
subject to this Code shall give his or her |
prior approval when the procuring
entity is not one subject |
|
to the jurisdiction of the Governor.
|
(8) (Blank).
|
(9) Procurement expenditures by the Illinois |
Conservation Foundation
when only private funds are used.
|
(10) (Blank). |
(11) Public-private agreements entered into according |
to the procurement requirements of Section 20 of the |
Public-Private Partnerships for Transportation Act and |
design-build agreements entered into according to the |
procurement requirements of Section 25 of the |
Public-Private Partnerships for Transportation Act. |
(12) Contracts for legal, financial, and other |
professional and artistic services entered into on or |
before December 31, 2018 by the Illinois Finance Authority |
in which the State of Illinois is not obligated. Such |
contracts shall be awarded through a competitive process |
authorized by the Board of the Illinois Finance Authority |
and are subject to Sections 5-30, 20-160, 50-13, 50-20, |
50-35, and 50-37 of this Code, as well as the final |
approval by the Board of the Illinois Finance Authority of |
the terms of the contract. |
(13) Contracts for services, commodities, and |
equipment to support the delivery of timely forensic |
science services in consultation with and subject to the |
approval of the Chief Procurement Officer as provided in |
subsection (d) of Section 5-4-3a of the Unified Code of |
|
Corrections, except for the requirements of Sections |
20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
Code; however, the Chief Procurement Officer may, in |
writing with justification, waive any certification |
required under Article 50 of this Code. For any contracts |
for services which are currently provided by members of a |
collective bargaining agreement, the applicable terms of |
the collective bargaining agreement concerning |
subcontracting shall be followed. |
On and after January 1, 2019, this paragraph (13), |
except for this sentence, is inoperative. |
(14) Contracts for participation expenditures required |
by a domestic or international trade show or exhibition of |
an exhibitor, member, or sponsor. |
(15) Contracts with a railroad or utility that requires |
the State to reimburse the railroad or utilities for the |
relocation of utilities for construction or other public |
purpose. Contracts included within this paragraph (15) |
shall include, but not be limited to, those associated |
with: relocations, crossings, installations, and |
maintenance. For the purposes of this paragraph (15), |
"railroad" means any form of non-highway ground |
transportation that runs on rails or electromagnetic |
guideways and "utility" means: (1) public utilities as |
defined in Section 3-105 of the Public Utilities Act, (2) |
telecommunications carriers as defined in Section 13-202 |
|
of the Public Utilities Act, (3) electric cooperatives as |
defined in Section 3.4 of the Electric Supplier Act, (4) |
telephone or telecommunications cooperatives as defined in |
Section 13-212 of the Public Utilities Act, (5) rural water |
or waste water systems with 10,000 connections or less, (6) |
a holder as defined in Section 21-201 of the Public |
Utilities Act, and (7) municipalities owning or operating |
utility systems consisting of public utilities as that term |
is defined in Section 11-117-2 of the Illinois Municipal |
Code. |
(16) Procurement expenditures necessary for the |
Department of Public Health to provide the delivery of |
timely newborn screening services in accordance with the |
Newborn Metabolic Screening Act. |
Notwithstanding any other provision of law, for contracts |
entered into on or after October 1, 2017 under an exemption |
provided in any paragraph of this subsection (b), except |
paragraph (1), (2), or (5), each State agency shall post to the |
appropriate procurement bulletin the name of the contractor, a |
description of the supply or service provided, the total amount |
of the contract, the term of the contract, and the exception to |
the Code utilized. The chief procurement officer shall submit a |
report to the Governor and General Assembly no later than |
November 1 of each year that shall include, at a minimum, an |
annual summary of the monthly information reported to the chief |
procurement officer. |
|
(c) This Code does not apply to the electric power |
procurement process provided for under Section 1-75 of the |
Illinois Power Agency Act and Section 16-111.5 of the Public |
Utilities Act. |
(d) Except for Section 20-160 and Article 50 of this Code, |
and as expressly required by Section 9.1 of the Illinois |
Lottery Law, the provisions of this Code do not apply to the |
procurement process provided for under Section 9.1 of the |
Illinois Lottery Law. |
(e) This Code does not apply to the process used by the |
Capital Development Board to retain a person or entity to |
assist the Capital Development Board with its duties related to |
the determination of costs of a clean coal SNG brownfield |
facility, as defined by Section 1-10 of the Illinois Power |
Agency Act, as required in subsection (h-3) of Section 9-220 of |
the Public Utilities Act, including calculating the range of |
capital costs, the range of operating and maintenance costs, or |
the sequestration costs or monitoring the construction of clean |
coal SNG brownfield facility for the full duration of |
construction. |
(f) (Blank). |
(g) (Blank). |
(h) This Code does not apply to the process to procure or |
contracts entered into in accordance with Sections 11-5.2 and |
11-5.3 of the Illinois Public Aid Code. |
(i) Each chief procurement officer may access records |
|
necessary to review whether a contract, purchase, or other |
expenditure is or is not subject to the provisions of this |
Code, unless such records would be subject to attorney-client |
privilege. |
(j) This Code does not apply to the process used by the |
Capital Development Board to retain an artist or work or works |
of art as required in Section 14 of the Capital Development |
Board Act. |
(k) This Code does not apply to the process to procure |
contracts, or contracts entered into, by the State Board of |
Elections or the State Electoral Board for hearing officers |
appointed pursuant to the Election Code. |
(l) This Code does not apply to the processes used by the |
Illinois Student Assistance Commission to procure supplies and |
services paid for from the private funds of the Illinois |
Prepaid Tuition Fund. As used in this subsection (l), "private |
funds" means funds derived from deposits paid into the Illinois |
Prepaid Tuition Trust Fund and the earnings thereon. |
(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
