Sen. Antonio Muņoz

Filed: 4/9/2021

 

 


 

 


 
10200SB0859sam001LRB102 04693 RJF 24916 a

1
AMENDMENT TO SENATE BILL 859

2    AMENDMENT NO. ______. Amend Senate Bill 859 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Sections 1-10, 1-12, and 1-13 as follows:
 
6    (30 ILCS 500/1-10)
7    Sec. 1-10. Application.
8    (a) This Code applies only to procurements for which
9bidders, offerors, potential contractors, or contractors were
10first solicited on or after July 1, 1998. This Code shall not
11be construed to affect or impair any contract, or any
12provision of a contract, entered into based on a solicitation
13prior to the implementation date of this Code as described in
14Article 99, including, but not limited to, any covenant
15entered into with respect to any revenue bonds or similar
16instruments. All procurements for which contracts are

 

 

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1solicited between the effective date of Articles 50 and 99 and
2July 1, 1998 shall be substantially in accordance with this
3Code and its intent.
4    (b) This Code shall apply regardless of the source of the
5funds with which the contracts are paid, including federal
6assistance moneys. This Code shall not apply to:
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.
11        (2) Grants, except for the filing requirements of
12    Section 20-80.
13        (3) Purchase of care, except as provided in Section
14    5-30.6 of the Illinois Public Aid Code and this Section.
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.
19        (5) Collective bargaining contracts.
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.
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.
11        (8) (Blank).
12        (9) Procurement expenditures by the Illinois
13    Conservation Foundation when only private funds are used.
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    in which the State of Illinois is not obligated. Such
25    contracts shall be awarded through a competitive process
26    authorized by the Board of the Illinois Finance Authority

 

 

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1    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
2    50-35, and 50-37 of this Code, as well as the final
3    approval by the Board of the Illinois Finance Authority of
4    the terms of the contract.
5        (13) Contracts for services, commodities, and
6    equipment to support the delivery of timely forensic
7    science services in consultation with and subject to the
8    approval of the Chief Procurement Officer as provided in
9    subsection (d) of Section 5-4-3a of the Unified Code of
10    Corrections, except for the requirements of Sections
11    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
12    Code; however, the Chief Procurement Officer may, in
13    writing with justification, waive any certification
14    required under Article 50 of this Code. For any contracts
15    for services which are currently provided by members of a
16    collective bargaining agreement, the applicable terms of
17    the collective bargaining agreement concerning
18    subcontracting shall be followed.
19        On and after January 1, 2019, this paragraph (13),
20    except for this sentence, is inoperative.
21        (14) Contracts for participation expenditures required
22    by a domestic or international trade show or exhibition of
23    an exhibitor, member, or sponsor.
24        (15) Contracts with a railroad or utility that
25    requires the State to reimburse the railroad or utilities
26    for the relocation of utilities for construction or other

 

 

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1    public purpose. Contracts included within this paragraph
2    (15) shall include, but not be limited to, those
3    associated with: relocations, crossings, installations,
4    and maintenance. For the purposes of this paragraph (15),
5    "railroad" means any form of non-highway ground
6    transportation that runs on rails or electromagnetic
7    guideways and "utility" means: (1) public utilities as
8    defined in Section 3-105 of the Public Utilities Act, (2)
9    telecommunications carriers as defined in Section 13-202
10    of the Public Utilities Act, (3) electric cooperatives as
11    defined in Section 3.4 of the Electric Supplier Act, (4)
12    telephone or telecommunications cooperatives as defined in
13    Section 13-212 of the Public Utilities Act, (5) rural
14    water or waste water systems with 10,000 connections or
15    less, (6) a holder as defined in Section 21-201 of the
16    Public Utilities Act, and (7) municipalities owning or
17    operating utility systems consisting of public utilities
18    as that term is defined in Section 11-117-2 of the
19    Illinois Municipal Code.
20        (16) Procurement expenditures necessary for the
21    Department of Public Health to provide the delivery of
22    timely newborn screening services in accordance with the
23    Newborn Metabolic Screening Act.
24        (17) Procurement expenditures necessary for the
25    Department of Agriculture, the Department of Financial and
26    Professional Regulation, the Department of Human Services,

 

 

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1    and the Department of Public Health to implement the
2    Compassionate Use of Medical Cannabis Program and Opioid
3    Alternative Pilot Program requirements and ensure access
4    to medical cannabis for patients with debilitating medical
5    conditions in accordance with the Compassionate Use of
6    Medical Cannabis Program Act.
7        (18) This Code does not apply to any procurements
8    necessary for the Department of Agriculture, the
9    Department of Financial and Professional Regulation, the
10    Department of Human Services, the Department of Commerce
11    and Economic Opportunity, and the Department of Public
12    Health to implement the Cannabis Regulation and Tax Act if
13    the applicable agency has made a good faith determination
14    that it is necessary and appropriate for the expenditure
15    to fall within this exemption and if the process is
16    conducted in a manner substantially in accordance with the
17    requirements of Sections 20-160, 25-60, 30-22, 50-5,
18    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
19    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
20    Section 50-35, compliance applies only to contracts or
21    subcontracts over $100,000. Notice of each contract
22    entered into under this paragraph (18) that is related to
23    the procurement of goods and services identified in
24    paragraph (1) through (9) of this subsection shall be
25    published in the Procurement Bulletin within 14 calendar
26    days after contract execution. The Chief Procurement

 

 

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1    Officer shall prescribe the form and content of the
2    notice. Each agency shall provide the Chief Procurement
3    Officer, on a monthly basis, in the form and content
4    prescribed by the Chief Procurement Officer, a report of
5    contracts that are related to the procurement of goods and
6    services identified in this subsection. At a minimum, this
7    report shall include the name of the contractor, a
8    description of the supply or service provided, the total
9    amount of the contract, the term of the contract, and the
10    exception to this Code utilized. A copy of any or all of
11    these contracts shall be made available to the Chief
12    Procurement Officer immediately upon request. The Chief
13    Procurement Officer shall submit a report to the Governor
14    and General Assembly no later than November 1 of each year
15    that includes, at a minimum, an annual summary of the
16    monthly information reported to the Chief Procurement
17    Officer. This exemption becomes inoperative 5 years after
18    June 25, 2019 (the effective date of Public Act 101-27)
19    this amendatory Act of the 101st General Assembly.
20    Notwithstanding any other provision of law, for contracts
21with an annual value of more than $100,000 entered into on or
22after October 1, 2017 under an exemption provided in any
23paragraph of this subsection (b), except paragraph (1), (2),
24or (5), each State agency shall post to the appropriate
25procurement bulletin the name of the contractor, a description
26of the supply or service provided, the total amount of the

 

 

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1contract, the term of the contract, and the exception to the
2Code utilized. The chief procurement officer shall submit a
3report to the Governor and General Assembly no later than
4November 1 of each year that shall include, at a minimum, an
5annual summary of the monthly information reported to the
6chief procurement officer.
7    (c) This Code does not apply to the electric power
8procurement process provided for under Section 1-75 of the
9Illinois Power Agency Act and Section 16-111.5 of the Public
10Utilities Act.
11    (d) Except for Section 20-160 and Article 50 of this Code,
12and as expressly required by Section 9.1 of the Illinois
13Lottery Law, the provisions of this Code do not apply to the
14procurement process provided for under Section 9.1 of the
15Illinois Lottery Law.
16    (e) This Code does not apply to the process used by the
17Capital Development Board to retain a person or entity to
18assist the Capital Development Board with its duties related
19to the determination of costs of a clean coal SNG brownfield
20facility, as defined by Section 1-10 of the Illinois Power
21Agency Act, as required in subsection (h-3) of Section 9-220
22of the Public Utilities Act, including calculating the range
23of capital costs, the range of operating and maintenance
24costs, or the sequestration costs or monitoring the
25construction of clean coal SNG brownfield facility for the
26full duration of construction.

 

 

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1    (f) (Blank).
2    (g) (Blank).
3    (h) This Code does not apply to the process to procure or
4contracts entered into in accordance with Sections 11-5.2 and
511-5.3 of the Illinois Public Aid Code.
6    (i) Each chief procurement officer may access records
7necessary to review whether a contract, purchase, or other
8expenditure is or is not subject to the provisions of this
9Code, unless such records would be subject to attorney-client
10privilege.
11    (j) This Code does not apply to the process used by the
12Capital Development Board to retain an artist or work or works
13of art as required in Section 14 of the Capital Development
14Board Act.
15    (k) This Code does not apply to the process to procure
16contracts, or contracts entered into, by the State Board of
17Elections or the State Electoral Board for hearing officers
18appointed pursuant to the Election Code.
19    (l) This Code does not apply to the processes used by the
20Illinois Student Assistance Commission to procure supplies and
21services paid for from the private funds of the Illinois
22Prepaid Tuition Fund. As used in this subsection (l), "private
23funds" means funds derived from deposits paid into the
24Illinois Prepaid Tuition Trust Fund and the earnings thereon.
25(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
26100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.

 

 

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16-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
29-17-19.)
 
3    (30 ILCS 500/1-12)
4    Sec. 1-12. Applicability to artistic or musical services.
5    (a) This Code shall not apply to procurement expenditures
6necessary to provide artistic or musical services,
7performances, or theatrical productions held at a venue
8operated or leased by a State agency.
9    (b) Notice of each contract with an annual value of more
10than $100,000 entered into by a State agency that is related to
11the procurement of goods and services identified in this
12Section shall be published in the Illinois Procurement
13Bulletin within 14 calendar days after contract execution. The
14chief procurement officer shall prescribe the form and content
15of the notice. Each State agency shall provide the chief
16procurement officer, on a monthly basis, in the form and
17content prescribed by the chief procurement officer, a report
18of contracts that are related to the procurement of supplies
19and services identified in this Section. At a minimum, this
20report shall include the name of the contractor, a description
21of the supply or service provided, the total amount of the
22contract, the term of the contract, and the exception to the
23Code utilized. A copy of any or all of these contracts shall be
24made available to the chief procurement officer immediately
25upon request. The chief procurement officer shall submit a

 

 

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1report to the Governor and General Assembly no later than
2November 1 of each year that shall include, at a minimum, an
3annual summary of the monthly information reported to the
4chief procurement officer.
5    (c) (Blank).
6    (d) The General Assembly finds and declares that:
7        (1) This amendatory Act of the 100th General Assembly
8    manifests the intention of the General Assembly to remove
9    the repeal of this Section.
10        (2) This Section was originally enacted to protect,
11    promote, and preserve the general welfare. Any
12    construction of this Section that results in the repeal of
13    this Section on December 31, 2016 would be inconsistent
14    with the manifest intent of the General Assembly and
15    repugnant to the context of this Code.
16    It is hereby declared to have been the intent of the
17General Assembly that this Section not be subject to repeal on
18December 31, 2016.
19    This Section shall be deemed to have been in continuous
20effect since August 3, 2012 (the effective date of Public Act
2197-895), and it shall continue to be in effect henceforward
22until it is otherwise lawfully repealed. All previously
23enacted amendments to this Section taking effect on or after
24December 31, 2016, are hereby validated.
25    All actions taken in reliance on or pursuant to this
26Section in the procurement of artistic or musical services are

 

 

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1hereby validated.
2    In order to ensure the continuing effectiveness of this
3Section, it is set forth in full and re-enacted by this
4amendatory Act of the 100th General Assembly. This
5re-enactment is intended as a continuation of this Section. It
6is not intended to supersede any amendment to this Section
7that is enacted by the 100th General Assembly.
8    In this amendatory Act of the 100th General Assembly, the
9base text of this Section is set forth as amended by Public Act
1098-1076. Striking and underscoring is used only to show
11changes being made to the base text.
12    This Section applies to all procurements made on or before
13the effective date of this amendatory Act of the 100th General
14Assembly.
15(Source: P.A. 100-43, eff. 8-9-17.)
 
16    (30 ILCS 500/1-13)
17    Sec. 1-13. Applicability to public institutions of higher
18education.
19    (a) This Code shall apply to public institutions of higher
20education, regardless of the source of the funds with which
21contracts are paid, except as provided in this Section.
22    (b) Except as provided in this Section, this Code shall
23not apply to procurements made by or on behalf of public
24institutions of higher education for any of the following:
25        (1) Memberships in professional, academic, research,

 

 

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1    or athletic organizations on behalf of a public
2    institution of higher education, an employee of a public
3    institution of higher education, or a student at a public
4    institution of higher education.
5        (2) Procurement expenditures for events or activities
6    paid for exclusively by revenues generated by the event or
7    activity, gifts or donations for the event or activity,
8    private grants, or any combination thereof.
9        (3) Procurement expenditures for events or activities
10    for which the use of specific potential contractors is
11    mandated or identified by the sponsor of the event or
12    activity, provided that the sponsor is providing a
13    majority of the funding for the event or activity.
14        (4) Procurement expenditures necessary to provide
15    athletic, artistic or musical services, performances,
16    events, or productions by or for a public institution of
17    higher education.
18        (5) Procurement expenditures for periodicals, books,
19    subscriptions, database licenses, and other publications
20    procured for use by a university library or academic
21    department, except for expenditures related to procuring
22    textbooks for student use or materials for resale or
23    rental.
24        (6) Procurement expenditures for placement of students
25    in externships, practicums, field experiences, and for
26    medical residencies and rotations.

 

 

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1        (7) Contracts for programming and broadcast license
2    rights for university-operated radio and television
3    stations.
4        (8) Procurement expenditures necessary to perform
5    sponsored research and other sponsored activities under
6    grants and contracts funded by the sponsor or by sources
7    other than State appropriations.
8        (9) Contracts with a foreign entity for research or
9    educational activities, provided that the foreign entity
10    either does not maintain an office in the United States or
11    is the sole source of the service or product.
12Notice of each contract with an annual value of more than
13$100,000 entered into by a public institution of higher
14education that is related to the procurement of goods and
15services identified in items (1) through (9) of this
16subsection shall be published in the Procurement Bulletin
17within 14 calendar days after contract execution. The Chief
18Procurement Officer shall prescribe the form and content of
19the notice. Each public institution of higher education shall
20provide the Chief Procurement Officer, on a monthly basis, in
21the form and content prescribed by the Chief Procurement
22Officer, a report of contracts that are related to the
23procurement of goods and services identified in this
24subsection. At a minimum, this report shall include the name
25of the contractor, a description of the supply or service
26provided, the total amount of the contract, the term of the

 

 

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1contract, and the exception to the Code utilized. A copy of any
2or all of these contracts shall be made available to the Chief
3Procurement Officer immediately upon request. The Chief
4Procurement Officer shall submit a report to the Governor and
5General Assembly no later than November 1 of each year that
6shall include, at a minimum, an annual summary of the monthly
7information reported to the Chief Procurement Officer.
8    (b-5) Except as provided in this subsection, the
9provisions of this Code shall not apply to contracts for
10medical supplies, and to contracts for medical services
11necessary for the delivery of care and treatment at medical,
12dental, or veterinary teaching facilities utilized by Southern
13Illinois University or the University of Illinois and at any
14university-operated health care center or dispensary that
15provides care, treatment, and medications for students,
16faculty and staff. Other supplies and services needed for
17these teaching facilities shall be subject to the jurisdiction
18of the Chief Procurement Officer for Public Institutions of
19Higher Education who may establish expedited procurement
20procedures and may waive or modify certification, contract,
21hearing, process and registration requirements required by the
22Code. All procurements made under this subsection shall be
23documented and may require publication in the Illinois
24Procurement Bulletin.
25    (b-10) Procurements made by or on behalf of the University
26of Illinois for investment services scheduled to expire June

 

 

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12020 may be extended through June 2021 without being subject
2to the requirements of this Code. Any contract extended,
3renewed, or entered pursuant to this exception shall be
4published on the Executive Ethics Commission's website within
55 days of contract execution. This subsection is inoperative
6on and after July 1, 2021.
7    (c) Procurements made by or on behalf of public
8institutions of higher education for the fulfillment of a
9grant shall be made in accordance with the requirements of
10this Code to the extent practical.
11    Upon the written request of a public institution of higher
12education, the Chief Procurement Officer may waive contract,
13registration, certification, and hearing requirements of this
14Code if, based on the item to be procured or the terms of a
15grant, compliance is impractical. The public institution of
16higher education shall provide the Chief Procurement Officer
17with specific reasons for the waiver, including the necessity
18of contracting with a particular potential contractor, and
19shall certify that an effort was made in good faith to comply
20with the provisions of this Code. The Chief Procurement
21Officer shall provide written justification for any waivers.
22By November 1 of each year, the Chief Procurement Officer
23shall file a report with the General Assembly identifying each
24contract approved with waivers and providing the justification
25given for any waivers for each of those contracts. Notice of
26each waiver made under this subsection shall be published in

 

 

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1the Procurement Bulletin within 14 calendar days after
2contract execution. The Chief Procurement Officer shall
3prescribe the form and content of the notice.
4    (d) Notwithstanding this Section, a waiver of the
5registration requirements of Section 20-160 does not permit a
6business entity and any affiliated entities or affiliated
7persons to make campaign contributions if otherwise prohibited
8by Section 50-37. The total amount of contracts awarded in
9accordance with this Section shall be included in determining
10the aggregate amount of contracts or pending bids of a
11business entity and any affiliated entities or affiliated
12persons.
13    (e) Notwithstanding subsection (e) of Section 50-10.5 of
14this Code, the Chief Procurement Officer, with the approval of
15the Executive Ethics Commission, may permit a public
16institution of higher education to accept a bid or enter into a
17contract with a business that assisted the public institution
18of higher education in determining whether there is a need for
19a contract or assisted in reviewing, drafting, or preparing
20documents related to a bid or contract, provided that the bid
21or contract is essential to research administered by the
22public institution of higher education and it is in the best
23interest of the public institution of higher education to
24accept the bid or contract. For purposes of this subsection,
25"business" includes all individuals with whom a business is
26affiliated, including, but not limited to, any officer, agent,

 

 

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1employee, consultant, independent contractor, director,
2partner, manager, or shareholder of a business. The Executive
3Ethics Commission may promulgate rules and regulations for the
4implementation and administration of the provisions of this
5subsection (e).
6    (f) As used in this Section:
7    "Grant" means non-appropriated funding provided by a
8federal or private entity to support a project or program
9administered by a public institution of higher education and
10any non-appropriated funding provided to a sub-recipient of
11the grant.
12    "Public institution of higher education" means Chicago
13State University, Eastern Illinois University, Governors State
14University, Illinois State University, Northeastern Illinois
15University, Northern Illinois University, Southern Illinois
16University, University of Illinois, Western Illinois
17University, and, for purposes of this Code only, the Illinois
18Mathematics and Science Academy.
19    (g) (Blank).
20    (h) The General Assembly finds and declares that:
21        (1) Public Act 98-1076, which took effect on January
22    1, 2015, changed the repeal date set for this Section from
23    December 31, 2014 to December 31, 2016.
24        (2) The Statute on Statutes sets forth general rules
25    on the repeal of statutes and the construction of multiple
26    amendments, but Section 1 of that Act also states that

 

 

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1    these rules will not be observed when the result would be
2    "inconsistent with the manifest intent of the General
3    Assembly or repugnant to the context of the statute".
4        (3) This amendatory Act of the 100th General Assembly
5    manifests the intention of the General Assembly to remove
6    the repeal of this Section.
7        (4) This Section was originally enacted to protect,
8    promote, and preserve the general welfare. Any
9    construction of this Section that results in the repeal of
10    this Section on December 31, 2014 would be inconsistent
11    with the manifest intent of the General Assembly and
12    repugnant to the context of this Code.
13    It is hereby declared to have been the intent of the
14General Assembly that this Section not be subject to repeal on
15December 31, 2014.
16    This Section shall be deemed to have been in continuous
17effect since December 20, 2011 (the effective date of Public
18Act 97-643), and it shall continue to be in effect
19henceforward until it is otherwise lawfully repealed. All
20previously enacted amendments to this Section taking effect on
21or after December 31, 2014, are hereby validated.
22    All actions taken in reliance on or pursuant to this
23Section by any public institution of higher education, person,
24or entity are hereby validated.
25    In order to ensure the continuing effectiveness of this
26Section, it is set forth in full and re-enacted by this

 

 

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1amendatory Act of the 100th General Assembly. This
2re-enactment is intended as a continuation of this Section. It
3is not intended to supersede any amendment to this Section
4that is enacted by the 100th General Assembly.
5    In this amendatory Act of the 100th General Assembly, the
6base text of the reenacted Section is set forth as amended by
7Public Act 98-1076. Striking and underscoring is used only to
8show changes being made to the base text.
9    This Section applies to all procurements made on or before
10the effective date of this amendatory Act of the 100th General
11Assembly.
12(Source: P.A. 100-43, eff. 8-9-17; 101-640, eff. 6-12-20.)".