97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6211

 

Introduced , by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-10

    Amends the Illinois Procurement Code. Provides that the Illinois Procurement Code does not apply to contracts made by the Department of Agriculture for the sole purpose of the sale of intoxicating beverages on the DuQuoin State Fairgrounds.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. 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
9contractors were first solicited on or after July 1, 1998. This
10Code shall not be construed to affect or impair any contract,
11or any provision of a contract, entered into based on a
12solicitation prior to the implementation date of this Code as
13described in Article 99, including but not limited to any
14covenant entered into with respect to any revenue bonds or
15similar instruments. All procurements for which contracts are
16solicited between the effective date of Articles 50 and 99 and
17July 1, 1998 shall be substantially in accordance with this
18Code and its intent.
19    (b) This Code shall apply regardless of the source of the
20funds with which the contracts are paid, including federal
21assistance moneys. This Code shall not apply to:
22        (1) Contracts between the State and its political
23    subdivisions or other governments, or between State

 

 

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1    governmental bodies except as specifically provided in
2    this Code.
3        (2) Grants, except for the filing requirements of
4    Section 20-80.
5        (3) Purchase of care.
6        (4) Hiring of an individual as employee and not as an
7    independent contractor, whether pursuant to an employment
8    code or policy or by contract directly with that
9    individual.
10        (5) Collective bargaining contracts.
11        (6) Purchase of real estate, except that notice of this
12    type of contract with a value of more than $25,000 must be
13    published in the Procurement Bulletin within 7 days after
14    the deed is recorded in the county of jurisdiction. The
15    notice shall identify the real estate purchased, the names
16    of all parties to the contract, the value of the contract,
17    and the effective date of the contract.
18        (7) Contracts necessary to prepare for anticipated
19    litigation, enforcement actions, or investigations,
20    provided that the chief legal counsel to the Governor shall
21    give his or her prior approval when the procuring agency is
22    one subject to the jurisdiction of the Governor, and
23    provided that the chief legal counsel of any other
24    procuring entity subject to this Code shall give his or her
25    prior approval when the procuring entity is not one subject
26    to the jurisdiction of the Governor.

 

 

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1        (8) Contracts for services to Northern Illinois
2    University by a person, acting as an independent
3    contractor, who is qualified by education, experience, and
4    technical ability and is selected by negotiation for the
5    purpose of providing non-credit educational service
6    activities or products by means of specialized programs
7    offered by the university.
8        (9) Procurement expenditures by the Illinois
9    Conservation Foundation when only private funds are used.
10        (10) Procurement expenditures by the Illinois Health
11    Information Exchange Authority involving private funds
12    from the Health Information Exchange Fund. "Private funds"
13    means gifts, donations, and private grants.
14        (11) Public-private agreements entered into according
15    to the procurement requirements of Section 20 of the
16    Public-Private Partnerships for Transportation Act and
17    design-build agreements entered into according to the
18    procurement requirements of Section 25 of the
19    Public-Private Partnerships for Transportation Act.
20        (12) Contracts made by the Department of Agriculture
21    for the sole purpose of the sale of intoxicating beverages
22    on the DuQuoin State Fairgrounds.
23    (c) This Code does not apply to the electric power
24procurement process provided for under Section 1-75 of the
25Illinois Power Agency Act and Section 16-111.5 of the Public
26Utilities Act.

 

 

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1    (d) Except for Section 20-160 and Article 50 of this Code,
2and as expressly required by Section 9.1 of the Illinois
3Lottery Law, the provisions of this Code do not apply to the
4procurement process provided for under Section 9.1 of the
5Illinois Lottery Law.
6    (e) This Code does not apply to the process used by the
7Capital Development Board to retain a person or entity to
8assist the Capital Development Board with its duties related to
9the determination of costs of a clean coal SNG brownfield
10facility, as defined by Section 1-10 of the Illinois Power
11Agency Act, as required in subsection (h-3) of Section 9-220 of
12the Public Utilities Act, including calculating the range of
13capital costs, the range of operating and maintenance costs, or
14the sequestration costs or monitoring the construction of clean
15coal SNG brownfield facility for the full duration of
16construction.
17    (f) This Code does not apply to the process used by the
18Illinois Power Agency to retain a mediator to mediate sourcing
19agreement disputes between gas utilities and the clean coal SNG
20brownfield facility, as defined in Section 1-10 of the Illinois
21Power Agency Act, as required under subsection (h-1) of Section
229-220 of the Public Utilities Act.
23    (g) (e) This Code does not apply to the processes used by
24the Illinois Power Agency to retain a mediator to mediate
25contract disputes between gas utilities and the clean coal SNG
26facility and to retain an expert to assist in the review of

 

 

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1contracts under subsection (h) of Section 9-220 of the Public
2Utilities Act. This Code does not apply to the process used by
3the Illinois Commerce Commission to retain an expert to assist
4in determining the actual incurred costs of the clean coal SNG
5facility and the reasonableness of those costs as required
6under subsection (h) of Section 9-220 of the Public Utilities
7Act.
8(Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10;
997-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11;
10revised 9-7-11.)