Rep. Delia C. Ramirez

Filed: 5/21/2021





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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)(A) 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 members Board of the Illinois Finance



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1    Authority and are subject to Sections 5-30, 20-160, 50-13,
2    50-20, 50-35, and 50-37 of this Code, as well as the final
3    approval by the members Board of the Illinois Finance
4    Authority of the terms of the contract.
5        (B) Contracts for legal and financial services entered
6    into by the Illinois Housing Development Authority in
7    connection with the issuance of bonds in which the State
8    of Illinois is not obligated. Such contracts shall be
9    awarded through a competitive process authorized by the
10    members of the Illinois Housing Development Authority and
11    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
12    and 50-37 of this Code, as well as the final approval by
13    the members of the Illinois Housing Development Authority
14    of the terms of the contract.
15        (13) Contracts for services, commodities, and
16    equipment to support the delivery of timely forensic
17    science services in consultation with and subject to the
18    approval of the Chief Procurement Officer as provided in
19    subsection (d) of Section 5-4-3a of the Unified Code of
20    Corrections, except for the requirements of Sections
21    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
22    Code; however, the Chief Procurement Officer may, in
23    writing with justification, waive any certification
24    required under Article 50 of this Code. For any contracts
25    for services which are currently provided by members of a
26    collective bargaining agreement, the applicable terms of



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1    the collective bargaining agreement concerning
2    subcontracting shall be followed.
3        On and after January 1, 2019, this paragraph (13),
4    except for this sentence, is inoperative.
5        (14) Contracts for participation expenditures required
6    by a domestic or international trade show or exhibition of
7    an exhibitor, member, or sponsor.
8        (15) Contracts with a railroad or utility that
9    requires the State to reimburse the railroad or utilities
10    for the relocation of utilities for construction or other
11    public purpose. Contracts included within this paragraph
12    (15) shall include, but not be limited to, those
13    associated with: relocations, crossings, installations,
14    and maintenance. For the purposes of this paragraph (15),
15    "railroad" means any form of non-highway ground
16    transportation that runs on rails or electromagnetic
17    guideways and "utility" means: (1) public utilities as
18    defined in Section 3-105 of the Public Utilities Act, (2)
19    telecommunications carriers as defined in Section 13-202
20    of the Public Utilities Act, (3) electric cooperatives as
21    defined in Section 3.4 of the Electric Supplier Act, (4)
22    telephone or telecommunications cooperatives as defined in
23    Section 13-212 of the Public Utilities Act, (5) rural
24    water or waste water systems with 10,000 connections or
25    less, (6) a holder as defined in Section 21-201 of the
26    Public Utilities Act, and (7) municipalities owning or



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1    operating utility systems consisting of public utilities
2    as that term is defined in Section 11-117-2 of the
3    Illinois Municipal Code.
4        (16) Procurement expenditures necessary for the
5    Department of Public Health to provide the delivery of
6    timely newborn screening services in accordance with the
7    Newborn Metabolic Screening Act.
8        (17) Procurement expenditures necessary for the
9    Department of Agriculture, the Department of Financial and
10    Professional Regulation, the Department of Human Services,
11    and the Department of Public Health to implement the
12    Compassionate Use of Medical Cannabis Program and Opioid
13    Alternative Pilot Program requirements and ensure access
14    to medical cannabis for patients with debilitating medical
15    conditions in accordance with the Compassionate Use of
16    Medical Cannabis Program Act.
17        (18) This Code does not apply to any procurements
18    necessary for the Department of Agriculture, the
19    Department of Financial and Professional Regulation, the
20    Department of Human Services, the Department of Commerce
21    and Economic Opportunity, and the Department of Public
22    Health to implement the Cannabis Regulation and Tax Act if
23    the applicable agency has made a good faith determination
24    that it is necessary and appropriate for the expenditure
25    to fall within this exemption and if the process is
26    conducted in a manner substantially in accordance with the



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1    requirements of Sections 20-160, 25-60, 30-22, 50-5,
2    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
3    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
4    Section 50-35, compliance applies only to contracts or
5    subcontracts over $100,000. Notice of each contract
6    entered into under this paragraph (18) that is related to
7    the procurement of goods and services identified in
8    paragraph (1) through (9) of this subsection shall be
9    published in the Procurement Bulletin within 14 calendar
10    days after contract execution. The Chief Procurement
11    Officer shall prescribe the form and content of the
12    notice. Each agency shall provide the Chief Procurement
13    Officer, on a monthly basis, in the form and content
14    prescribed by the Chief Procurement Officer, a report of
15    contracts that are related to the procurement of goods and
16    services identified in this subsection. At a minimum, this
17    report shall include the name of the contractor, a
18    description of the supply or service provided, the total
19    amount of the contract, the term of the contract, and the
20    exception to this Code utilized. A copy of any or all of
21    these contracts shall be made available to the Chief
22    Procurement Officer immediately upon request. The Chief
23    Procurement Officer shall submit a report to the Governor
24    and General Assembly no later than November 1 of each year
25    that includes, at a minimum, an annual summary of the
26    monthly information reported to the Chief Procurement



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1    Officer. This exemption becomes inoperative 5 years after
2    June 25, 2019 (the effective date of Public Act 101-27)
3    this amendatory Act of the 101st General Assembly.
4    Notwithstanding any other provision of law, for contracts
5entered into on or after October 1, 2017 under an exemption
6provided in any paragraph of this subsection (b), except
7paragraph (1), (2), or (5), each State agency shall post to the
8appropriate procurement bulletin the name of the contractor, a
9description of the supply or service provided, the total
10amount of the contract, the term of the contract, and the
11exception to the Code utilized. The chief procurement officer
12shall submit a report to the Governor and General Assembly no
13later than November 1 of each year that shall include, at a
14minimum, an annual summary of the monthly information reported
15to the chief procurement officer.
16    (c) This Code does not apply to the electric power
17procurement process provided for under Section 1-75 of the
18Illinois Power Agency Act and Section 16-111.5 of the Public
19Utilities Act.
20    (d) Except for Section 20-160 and Article 50 of this Code,
21and as expressly required by Section 9.1 of the Illinois
22Lottery Law, the provisions of this Code do not apply to the
23procurement process provided for under Section 9.1 of the
24Illinois Lottery Law.
25    (e) This Code does not apply to the process used by the
26Capital Development Board to retain a person or entity to



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1assist the Capital Development Board with its duties related
2to the determination of costs of a clean coal SNG brownfield
3facility, as defined by Section 1-10 of the Illinois Power
4Agency Act, as required in subsection (h-3) of Section 9-220
5of the Public Utilities Act, including calculating the range
6of capital costs, the range of operating and maintenance
7costs, or the sequestration costs or monitoring the
8construction of clean coal SNG brownfield facility for the
9full duration of construction.
10    (f) (Blank).
11    (g) (Blank).
12    (h) This Code does not apply to the process to procure or
13contracts entered into in accordance with Sections 11-5.2 and
1411-5.3 of the Illinois Public Aid Code.
15    (i) Each chief procurement officer may access records
16necessary to review whether a contract, purchase, or other
17expenditure is or is not subject to the provisions of this
18Code, unless such records would be subject to attorney-client
20    (j) This Code does not apply to the process used by the
21Capital Development Board to retain an artist or work or works
22of art as required in Section 14 of the Capital Development
23Board Act.
24    (k) This Code does not apply to the process to procure
25contracts, or contracts entered into, by the State Board of
26Elections or the State Electoral Board for hearing officers



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1appointed pursuant to the Election Code.
2    (l) This Code does not apply to the processes used by the
3Illinois Student Assistance Commission to procure supplies and
4services paid for from the private funds of the Illinois
5Prepaid Tuition Fund. As used in this subsection (l), "private
6funds" means funds derived from deposits paid into the
7Illinois Prepaid Tuition Trust Fund and the earnings thereon.
8(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
9100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
106-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised