Bill Amendment: IL SB2065 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: IHDA-OUTSTANDING BONDS
Status: 2021-10-08 - Public Act . . . . . . . . . 102-0666 [SB2065 Detail]
Download: Illinois-2021-SB2065-House_Amendment_001.html
Bill Title: IHDA-OUTSTANDING BONDS
Status: 2021-10-08 - Public Act . . . . . . . . . 102-0666 [SB2065 Detail]
Download: Illinois-2021-SB2065-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2065
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2 | AMENDMENT NO. ______. Amend Senate Bill 2065 on page 1, | ||||||
3 | immediately below line 22, by inserting the following:
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4 | "Section 10. The Illinois Procurement Code is amended by | ||||||
5 | changing Section 1-10 as follows:
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6 | (30 ILCS 500/1-10)
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7 | Sec. 1-10. Application.
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8 | (a) This Code applies only to procurements for which | ||||||
9 | bidders, offerors, potential contractors, or contractors were | ||||||
10 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
11 | be construed to affect
or impair any contract, or any | ||||||
12 | provision of a contract, entered into based on a
solicitation | ||||||
13 | prior to the implementation date of this Code as described in
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14 | Article 99, including , but not limited to , any covenant | ||||||
15 | entered into with respect
to any revenue bonds or similar | ||||||
16 | instruments.
All procurements for which contracts are |
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1 | solicited between the effective date
of Articles 50 and 99 and | ||||||
2 | July 1, 1998 shall be substantially in accordance
with this | ||||||
3 | Code and its intent.
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4 | (b) This Code shall apply regardless of the source of the | ||||||
5 | funds with which
the contracts are paid, including federal | ||||||
6 | assistance moneys. This
Code shall
not apply to:
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7 | (1) Contracts between the State and its political | ||||||
8 | subdivisions or other
governments, or between State | ||||||
9 | governmental bodies, except as specifically provided in | ||||||
10 | this Code.
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11 | (2) Grants, except for the filing requirements of | ||||||
12 | Section 20-80.
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13 | (3) Purchase of care, except as provided in Section | ||||||
14 | 5-30.6 of the Illinois Public Aid
Code and this Section.
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15 | (4) Hiring of an individual as employee and not as an | ||||||
16 | independent
contractor, whether pursuant to an employment | ||||||
17 | code or policy or by contract
directly with that | ||||||
18 | individual.
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19 | (5) Collective bargaining contracts.
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20 | (6) Purchase of real estate, except that notice of | ||||||
21 | this type of contract with a value of more than $25,000 | ||||||
22 | must be published in the Procurement Bulletin within 10 | ||||||
23 | calendar days after the deed is recorded in the county of | ||||||
24 | jurisdiction. The notice shall identify the real estate | ||||||
25 | purchased, the names of all parties to the contract, the | ||||||
26 | value of the contract, and the effective date of the |
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1 | contract.
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2 | (7) Contracts necessary to prepare for anticipated | ||||||
3 | litigation, enforcement
actions, or investigations, | ||||||
4 | provided
that the chief legal counsel to the Governor | ||||||
5 | shall give his or her prior
approval when the procuring | ||||||
6 | agency is one subject to the jurisdiction of the
Governor, | ||||||
7 | and provided that the chief legal counsel of any other | ||||||
8 | procuring
entity
subject to this Code shall give his or | ||||||
9 | her prior approval when the procuring
entity is not one | ||||||
10 | subject to the jurisdiction of the Governor.
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11 | (8) (Blank).
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12 | (9) Procurement expenditures by the Illinois | ||||||
13 | Conservation Foundation
when only private funds are used.
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14 | (10) (Blank). | ||||||
15 | (11) Public-private agreements entered into according | ||||||
16 | to the procurement requirements of Section 20 of the | ||||||
17 | Public-Private Partnerships for Transportation Act and | ||||||
18 | design-build agreements entered into according to the | ||||||
19 | procurement requirements of Section 25 of the | ||||||
20 | Public-Private Partnerships for Transportation Act. | ||||||
21 | (12) Contracts for legal, financial, and other | ||||||
22 | professional and artistic services entered into on or | ||||||
23 | before December 31, 2018 by the Illinois Finance Authority | ||||||
24 | or the Illinois Housing Development Authority in which the | ||||||
25 | State of Illinois is not obligated. Such contracts shall | ||||||
26 | be awarded through a competitive process authorized by the |
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1 | members Board of the Illinois Finance Authority or the | ||||||
2 | members of the Illinois Housing Development Authority and | ||||||
3 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
4 | and 50-37 of this Code, as well as the final approval by | ||||||
5 | the members Board of the Illinois Finance Authority or the | ||||||
6 | members of the Illinois Housing Development Authority of | ||||||
7 | the terms of the contract. | ||||||
8 | (13) Contracts for services, commodities, and | ||||||
9 | equipment to support the delivery of timely forensic | ||||||
10 | science services in consultation with and subject to the | ||||||
11 | approval of the Chief Procurement Officer as provided in | ||||||
12 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
13 | Corrections, except for the requirements of Sections | ||||||
14 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
15 | Code; however, the Chief Procurement Officer may, in | ||||||
16 | writing with justification, waive any certification | ||||||
17 | required under Article 50 of this Code. For any contracts | ||||||
18 | for services which are currently provided by members of a | ||||||
19 | collective bargaining agreement, the applicable terms of | ||||||
20 | the collective bargaining agreement concerning | ||||||
21 | subcontracting shall be followed. | ||||||
22 | On and after January 1, 2019, this paragraph (13), | ||||||
23 | except for this sentence, is inoperative. | ||||||
24 | (14) Contracts for participation expenditures required | ||||||
25 | by a domestic or international trade show or exhibition of | ||||||
26 | an exhibitor, member, or sponsor. |
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1 | (15) Contracts with a railroad or utility that | ||||||
2 | requires the State to reimburse the railroad or utilities | ||||||
3 | for the relocation of utilities for construction or other | ||||||
4 | public purpose. Contracts included within this paragraph | ||||||
5 | (15) shall include, but not be limited to, those | ||||||
6 | associated with: relocations, crossings, installations, | ||||||
7 | and maintenance. For the purposes of this paragraph (15), | ||||||
8 | "railroad" means any form of non-highway ground | ||||||
9 | transportation that runs on rails or electromagnetic | ||||||
10 | guideways and "utility" means: (1) public utilities as | ||||||
11 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
12 | telecommunications carriers as defined in Section 13-202 | ||||||
13 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
14 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
15 | telephone or telecommunications cooperatives as defined in | ||||||
16 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
17 | water or waste water systems with 10,000 connections or | ||||||
18 | less, (6) a holder as defined in Section 21-201 of the | ||||||
19 | Public Utilities Act, and (7) municipalities owning or | ||||||
20 | operating utility systems consisting of public utilities | ||||||
21 | as that term is defined in Section 11-117-2 of the | ||||||
22 | Illinois Municipal Code. | ||||||
23 | (16) Procurement expenditures necessary for the | ||||||
24 | Department of Public Health to provide the delivery of | ||||||
25 | timely newborn screening services in accordance with the | ||||||
26 | Newborn Metabolic Screening Act. |
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1 | (17) Procurement expenditures necessary for the | ||||||
2 | Department of Agriculture, the Department of Financial and | ||||||
3 | Professional Regulation, the Department of Human Services, | ||||||
4 | and the Department of Public Health to implement the | ||||||
5 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
6 | Alternative Pilot Program requirements and ensure access | ||||||
7 | to medical cannabis for patients with debilitating medical | ||||||
8 | conditions in accordance with the Compassionate Use of | ||||||
9 | Medical Cannabis Program Act. | ||||||
10 | (18) This Code does not apply to any procurements | ||||||
11 | necessary for the Department of Agriculture, the | ||||||
12 | Department of Financial and Professional Regulation, the | ||||||
13 | Department of Human Services, the Department of Commerce | ||||||
14 | and Economic Opportunity, and the Department of Public | ||||||
15 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
16 | the applicable agency has made a good faith determination | ||||||
17 | that it is necessary and appropriate for the expenditure | ||||||
18 | to fall within this exemption and if the process is | ||||||
19 | conducted in a manner substantially in accordance with the | ||||||
20 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
21 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
22 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
23 | Section 50-35, compliance applies only to contracts or | ||||||
24 | subcontracts over $100,000. Notice of each contract | ||||||
25 | entered into under this paragraph (18) that is related to | ||||||
26 | the procurement of goods and services identified in |
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1 | paragraph (1) through (9) of this subsection shall be | ||||||
2 | published in the Procurement Bulletin within 14 calendar | ||||||
3 | days after contract execution. The Chief Procurement | ||||||
4 | Officer shall prescribe the form and content of the | ||||||
5 | notice. Each agency shall provide the Chief Procurement | ||||||
6 | Officer, on a monthly basis, in the form and content | ||||||
7 | prescribed by the Chief Procurement Officer, a report of | ||||||
8 | contracts that are related to the procurement of goods and | ||||||
9 | services identified in this subsection. At a minimum, this | ||||||
10 | report shall include the name of the contractor, a | ||||||
11 | description of the supply or service provided, the total | ||||||
12 | amount of the contract, the term of the contract, and the | ||||||
13 | exception to this Code utilized. A copy of any or all of | ||||||
14 | these contracts shall be made available to the Chief | ||||||
15 | Procurement Officer immediately upon request. The Chief | ||||||
16 | Procurement Officer shall submit a report to the Governor | ||||||
17 | and General Assembly no later than November 1 of each year | ||||||
18 | that includes, at a minimum, an annual summary of the | ||||||
19 | monthly information reported to the Chief Procurement | ||||||
20 | Officer. This exemption becomes inoperative 5 years after | ||||||
21 | June 25, 2019 ( the effective date of Public Act 101-27) | ||||||
22 | this amendatory Act of the 101st General Assembly . | ||||||
23 | Notwithstanding any other provision of law, for contracts | ||||||
24 | entered into on or after October 1, 2017 under an exemption | ||||||
25 | provided in any paragraph of this subsection (b), except | ||||||
26 | paragraph (1), (2), or (5), each State agency shall post to the |
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1 | appropriate procurement bulletin the name of the contractor, a | ||||||
2 | description of the supply or service provided, the total | ||||||
3 | amount of the contract, the term of the contract, and the | ||||||
4 | exception to the Code utilized. The chief procurement officer | ||||||
5 | shall submit a report to the Governor and General Assembly no | ||||||
6 | later than November 1 of each year that shall include, at a | ||||||
7 | minimum, an annual summary of the monthly information reported | ||||||
8 | to the chief procurement officer. | ||||||
9 | (c) This Code does not apply to the electric power | ||||||
10 | procurement process provided for under Section 1-75 of the | ||||||
11 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
12 | Utilities Act. | ||||||
13 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
14 | and as expressly required by Section 9.1 of the Illinois | ||||||
15 | Lottery Law, the provisions of this Code do not apply to the | ||||||
16 | procurement process provided for under Section 9.1 of the | ||||||
17 | Illinois Lottery Law. | ||||||
18 | (e) This Code does not apply to the process used by the | ||||||
19 | Capital Development Board to retain a person or entity to | ||||||
20 | assist the Capital Development Board with its duties related | ||||||
21 | to the determination of costs of a clean coal SNG brownfield | ||||||
22 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
23 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
24 | of the Public Utilities Act, including calculating the range | ||||||
25 | of capital costs, the range of operating and maintenance | ||||||
26 | costs, or the sequestration costs or monitoring the |
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1 | construction of clean coal SNG brownfield facility for the | ||||||
2 | full duration of construction. | ||||||
3 | (f) (Blank). | ||||||
4 | (g) (Blank). | ||||||
5 | (h) This Code does not apply to the process to procure or | ||||||
6 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
7 | 11-5.3 of the Illinois Public Aid Code. | ||||||
8 | (i) Each chief procurement officer may access records | ||||||
9 | necessary to review whether a contract, purchase, or other | ||||||
10 | expenditure is or is not subject to the provisions of this | ||||||
11 | Code, unless such records would be subject to attorney-client | ||||||
12 | privilege. | ||||||
13 | (j) This Code does not apply to the process used by the | ||||||
14 | Capital Development Board to retain an artist or work or works | ||||||
15 | of art as required in Section 14 of the Capital Development | ||||||
16 | Board Act. | ||||||
17 | (k) This Code does not apply to the process to procure | ||||||
18 | contracts, or contracts entered into, by the State Board of | ||||||
19 | Elections or the State Electoral Board for hearing officers | ||||||
20 | appointed pursuant to the Election Code. | ||||||
21 | (l) This Code does not apply to the processes used by the | ||||||
22 | Illinois Student Assistance Commission to procure supplies and | ||||||
23 | services paid for from the private funds of the Illinois | ||||||
24 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
25 | funds" means funds derived from deposits paid into the | ||||||
26 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
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1 | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; | ||||||
2 | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. | ||||||
3 | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised | ||||||
4 | 9-17-19.)".
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