State of Illinois
91st General Assembly
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Public Act 91-0904

SB1871 Enrolled                                LRB9113259JMmb

    AN ACT concerning State contracts.

    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 Sections 1-10 and 20-80 as follows:

    (30 ILCS 500/1-10)
    Sec. 1-10.  Application.
    (a)  This Code applies only  to  procurements  for  which
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. This Code shall not apply to:
         (1)  contracts between the State and  its  political
    subdivisions  or  other  governments,  or  between  State
    governmental  bodies  except  as specifically provided in
    this Code.
         (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.
         (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)  contracts for  services  to  Northern  Illinois
    University   by   a  person,  acting  as  an  independent
    contractor, who is qualified  by  education,  experience,
    and  technical ability and is selected by negotiation for
    the purpose of providing non-credit  educational  service
    activities  or  products by means of specialized programs
    offered by the university.
(Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff.
8-19-99.)

    (30 ILCS 500/20-80)
    Sec. 20-80.  Contract files.
    (a)  Written determinations.  All written  determinations
required  under  this Article shall be placed in the contract
file maintained by the chief procurement officer.
    (b)  Filing with Comptroller.  Whenever a grant,  defined
pursuant   to   accounting   standards   established  by  the
Comptroller,  or  a  contract  liability,  except  for:   (1)
contracts  paid  from  personal  services,  or  (2) contracts
between the State and its employees to defer compensation  in
accordance  with  Article  24  of  the Illinois Pension Code,
exceeding $10,000 is incurred by any State agency, a copy  of

the  contract, purchase order, grant, or lease shall be filed
with  the  Comptroller  within  15  days   thereafter.    Any
cancellation  or  modification to any such contract liability
shall be filed with the Comptroller within  15  days  of  its
execution.
    (c)  Late  filing  affidavit.   When a contract, purchase
order, grant, or lease required to be filed by  this  Section
has   not  been  filed  within  30  days  of  execution,  the
Comptroller shall refuse  to  issue  a  warrant  for  payment
thereunder  until  the  agency files with the Comptroller the
contract, purchase order, grant, or lease and  an  affidavit,
signed by the chief executive officer of the agency or his or
her  designee,  setting  forth  an  explanation  of  why  the
contract liability was not filed within 30 days of execution.
A  copy  of  this  affidavit  shall be filed with the Auditor
General.
    (d)  Professional and artistic  services  contracts.   No
voucher  shall  be submitted to the Comptroller for a warrant
to be drawn for the payment of money from the State  treasury
or from other funds held by the State Treasurer on account of
any  contract for services involving professional or artistic
skills involving an expenditure of more than $5,000  for  the
same  type  of service at the same location during any fiscal
year unless the contract is reduced  to  writing  before  the
services  are performed and filed with the Comptroller.  When
a contract for professional or artistic skills in  excess  of
$5,000  was  not  reduced to writing before the services were
performed, the Comptroller shall refuse to  issue  a  warrant
for  payment  for  the  services until the State agency files
with the Comptroller:
         (1)  a written contract covering the services, and
         (2)  an affidavit, signed  by  the  chief  executive
    officer  of  the  State  agency  or  his or her designee,
    stating that the services for which payment is being made
    were agreed to before commencement of  the  services  and
    setting  forth an explanation of why the contract was not
    reduced to writing before the services commenced.
A copy of this affidavit shall  be  filed  with  the  Auditor
General.    The  Comptroller  shall  maintain professional or
artistic  service  contracts   filed   under   this   Section
separately from other filed contracts.
    (e)  Method  of  source  selection.   When  a contract is
filed  with  the  Comptroller   under   this   Section,   the
Comptroller's  file  shall  identify  the  method  of  source
selection used in obtaining the contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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