Full Text of HB3862 98th General Assembly
HB3862ham001 98TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 4/1/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3862
| 2 | | AMENDMENT NO. ______. Amend House Bill 3862 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 1-10 as follows:
| 6 | | (30 ILCS 500/1-10)
| 7 | | Sec. 1-10. Application.
| 8 | | (a) This Code applies only to procurements for which | 9 | | contractors were first
solicited on or after July 1, 1998. This | 10 | | Code shall not be construed to affect
or impair any contract, | 11 | | or any provision of a contract, entered into based on a
| 12 | | solicitation prior to the implementation date of this Code as | 13 | | described in
Article 99, including but not limited to any | 14 | | covenant entered into with respect
to any revenue bonds or | 15 | | similar instruments.
All procurements for which contracts are | 16 | | solicited between the effective date
of Articles 50 and 99 and |
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| 1 | | July 1, 1998 shall be substantially in accordance
with this | 2 | | Code and its intent.
| 3 | | (b) This Code shall apply regardless of the source of the | 4 | | funds with which
the contracts are paid, including federal | 5 | | assistance moneys.
This Code shall
not apply to:
| 6 | | (1) Contracts between the State and its political | 7 | | subdivisions or other
governments, or between State | 8 | | governmental bodies except as specifically
provided in | 9 | | this Code.
| 10 | | (2) Grants, except for the filing requirements of | 11 | | Section 20-80.
| 12 | | (3) Purchase of care.
| 13 | | (4) Hiring of an individual as employee and not as an | 14 | | independent
contractor, whether pursuant to an employment | 15 | | code or policy or by contract
directly with that | 16 | | individual.
| 17 | | (5) Collective bargaining contracts.
| 18 | | (6) Purchase of real estate, except that notice of this | 19 | | type of contract with a value of more than $25,000 must be | 20 | | published in the Procurement Bulletin within 7 days after | 21 | | the deed is recorded in the county of jurisdiction. The | 22 | | notice shall identify the real estate purchased, the names | 23 | | of all parties to the contract, the value of the contract, | 24 | | and the effective date of the contract.
| 25 | | (7) Contracts necessary to prepare for anticipated | 26 | | litigation, enforcement
actions, or investigations, |
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| 1 | | provided
that the chief legal counsel to the Governor shall | 2 | | give his or her prior
approval when the procuring agency is | 3 | | one subject to the jurisdiction of the
Governor, and | 4 | | provided that the chief legal counsel of any other | 5 | | procuring
entity
subject to this Code shall give his or her | 6 | | prior approval when the procuring
entity is not one subject | 7 | | to the jurisdiction of the Governor.
| 8 | | (8) Contracts for
services to Northern Illinois | 9 | | University by a person, acting as
an independent | 10 | | contractor, who is qualified by education, experience, and
| 11 | | technical ability and is selected by negotiation for the | 12 | | purpose of providing
non-credit educational service | 13 | | activities or products by means of specialized
programs | 14 | | offered by the university.
| 15 | | (9) Procurement expenditures by the Illinois | 16 | | Conservation Foundation
when only private funds are used.
| 17 | | (10) Procurement expenditures by the Illinois Health | 18 | | Information Exchange Authority involving private funds | 19 | | from the Health Information Exchange Fund. "Private funds" | 20 | | means gifts, donations, and private grants. | 21 | | (11) Public-private agreements entered into according | 22 | | to the procurement requirements of Section 20 of the | 23 | | Public-Private Partnerships for Transportation Act and | 24 | | design-build agreements entered into according to the | 25 | | procurement requirements of Section 25 of the | 26 | | Public-Private Partnerships for Transportation Act. |
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| 1 | | (12) Contracts for legal, financial, and other | 2 | | professional and artistic services entered into on or | 3 | | before December 31, 2018 by the Illinois Finance Authority | 4 | | in which the State of Illinois is not obligated. Such | 5 | | contracts shall be awarded through a competitive process | 6 | | authorized by the Board of the Illinois Finance Authority | 7 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | 8 | | 50-35, and 50-37 of this Code, as well as the final | 9 | | approval by the Board of the Illinois Finance Authority of | 10 | | the terms of the contract. | 11 | | (13) Contracts for legal, financial, and other | 12 | | professional and artistic services entered into by the | 13 | | Illinois Housing Development Authority in which the State | 14 | | of Illinois is not obligated. Such contracts shall be | 15 | | awarded through a competitive process authorized by a | 16 | | majority vote of the members of the Illinois Housing | 17 | | Development Authority and are subject to Sections 5-30, | 18 | | 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as | 19 | | well as the final approval by a majority vote of the | 20 | | members of the Illinois Housing Development Authority of | 21 | | the terms of the contract. | 22 | | Notwithstanding any other provision of law, contracts | 23 | | entered into under item (12) or (13) of this subsection (b) | 24 | | shall be published in the Procurement Bulletin within 14 days | 25 | | after contract execution. The chief procurement officer shall | 26 | | prescribe the form and content of the notice. The Illinois |
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| 1 | | Finance Authority shall provide the chief procurement officer, | 2 | | on a monthly basis, in the form and content prescribed by the | 3 | | chief procurement officer, a report of contracts that are | 4 | | related to the procurement of goods and services identified in | 5 | | item (12) of this subsection (b). The Illinois Housing | 6 | | Development Authority shall provide the chief procurement | 7 | | officer, on a monthly basis, in the form and content prescribed | 8 | | by the chief procurement officer, a report of contracts that | 9 | | are related to the procurement of goods and services identified | 10 | | in item (13) of this subsection (b). At a minimum, this report | 11 | | shall include the name of the contractor, a description of the | 12 | | supply or service provided, the total amount of the contract, | 13 | | the term of the contract, and the exception to the Code | 14 | | utilized. A copy of each of these contracts shall be made | 15 | | available to the chief procurement officer immediately upon | 16 | | request. The chief procurement officer shall submit a report to | 17 | | the Governor and General Assembly no later than November 1 of | 18 | | each year that shall include, at a minimum, an annual summary | 19 | | of the monthly information reported to the chief procurement | 20 | | officer. | 21 | | (c) This Code does not apply to the electric power | 22 | | procurement process provided for under Section 1-75 of the | 23 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 24 | | Utilities Act. | 25 | | (d) Except for Section 20-160 and Article 50 of this Code, | 26 | | and as expressly required by Section 9.1 of the Illinois |
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| 1 | | Lottery Law, the provisions of this Code do not apply to the | 2 | | procurement process provided for under Section 9.1 of the | 3 | | Illinois Lottery Law. | 4 | | (e) This Code does not apply to the process used by the | 5 | | Capital Development Board to retain a person or entity to | 6 | | assist the Capital Development Board with its duties related to | 7 | | the determination of costs of a clean coal SNG brownfield | 8 | | facility, as defined by Section 1-10 of the Illinois Power | 9 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 10 | | the Public Utilities Act, including calculating the range of | 11 | | capital costs, the range of operating and maintenance costs, or | 12 | | the sequestration costs or monitoring the construction of clean | 13 | | coal SNG brownfield facility for the full duration of | 14 | | construction. | 15 | | (f) This Code does not apply to the process used by the | 16 | | Illinois Power Agency to retain a mediator to mediate sourcing | 17 | | agreement disputes between gas utilities and the clean coal SNG | 18 | | brownfield facility, as defined in Section 1-10 of the Illinois | 19 | | Power Agency Act, as required under subsection (h-1) of Section | 20 | | 9-220 of the Public Utilities Act. | 21 | | (g) This Code does not apply to the processes used by the | 22 | | Illinois Power Agency to retain a mediator to mediate contract | 23 | | disputes between gas utilities and the clean coal SNG facility | 24 | | and to retain an expert to assist in the review of contracts | 25 | | under subsection (h) of Section 9-220 of the Public Utilities | 26 | | Act. This Code does not apply to the process used by the |
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| 1 | | Illinois Commerce Commission to retain an expert to assist in | 2 | | determining the actual incurred costs of the clean coal SNG | 3 | | facility and the reasonableness of those costs as required | 4 | | under subsection (h) of Section 9-220 of the Public Utilities | 5 | | Act. | 6 | | (h) This Code does not apply to the process to procure or | 7 | | contracts entered into in accordance with Sections 11-5.2 and | 8 | | 11-5.3 of the Illinois Public Aid Code. | 9 | | (i) Each chief procurement officer may access records | 10 | | necessary to review whether a contract, purchase, or other | 11 | | expenditure is or is not subject to the provisions of this | 12 | | Code, unless such records would be subject to attorney-client | 13 | | privilege. | 14 | | (j) This Code does not apply to the process used by the | 15 | | Capital Development Board to retain an artist or work or works | 16 | | of art as required in Section 14 of the Capital Development | 17 | | Board Act. | 18 | | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | 19 | | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | 20 | | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | 21 | | 98-572, eff. 1-1-14; revised 9-9-13.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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