Rep. Delia C. Ramirez

Filed: 5/20/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2065 on page 1,
3immediately below line 22, by inserting the following:
4    "Section 10. The Illinois Procurement Code is amended by
5changing 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
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    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
24entered into on or after October 1, 2017 under an exemption
25provided in any paragraph of this subsection (b), except
26paragraph (1), (2), or (5), each State agency shall post to the



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



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1construction of clean coal SNG brownfield facility for the
2full duration of construction.
3    (f) (Blank).
4    (g) (Blank).
5    (h) This Code does not apply to the process to procure or
6contracts entered into in accordance with Sections 11-5.2 and
711-5.3 of the Illinois Public Aid Code.
8    (i) Each chief procurement officer may access records
9necessary to review whether a contract, purchase, or other
10expenditure is or is not subject to the provisions of this
11Code, unless such records would be subject to attorney-client
13    (j) This Code does not apply to the process used by the
14Capital Development Board to retain an artist or work or works
15of art as required in Section 14 of the Capital Development
16Board Act.
17    (k) This Code does not apply to the process to procure
18contracts, or contracts entered into, by the State Board of
19Elections or the State Electoral Board for hearing officers
20appointed pursuant to the Election Code.
21    (l) This Code does not apply to the processes used by the
22Illinois Student Assistance Commission to procure supplies and
23services paid for from the private funds of the Illinois
24Prepaid Tuition Fund. As used in this subsection (l), "private
25funds" means funds derived from deposits paid into the
26Illinois 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;
2100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
36-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised