99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2442

 

Introduced 2/17/2015, by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-10

    Amends the Illinois Procurement Code. Provides that on and after the effective date of this Act, contracts of $250,000 or more between the State or any State agency and another state or the federal government may be entered into only by a separate Act of the General Assembly. Provides that a contract executed before the effective date of this amendatory Act valued at more than $250,000 between the State or any State agency and another state or the federal government may be renewed or extended only by a separate Act of the General Assembly. Provides that copies of such contract shall be filed with the Index Department of the Office of the Secretary of State upon execution. Effective immediately.


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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
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 provision
12of a contract, entered into based on a solicitation prior to
13the implementation date of this Code as described in Article
1499, including but not limited to any covenant entered into with
15respect to any revenue bonds or similar instruments. All
16procurements for which contracts are solicited between the
17effective date of Articles 50 and 99 and July 1, 1998 shall be
18substantially in accordance with this Code 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 units of local government other

 

 

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1    governments, or between State governmental bodies except
2    as specifically provided in 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 10 calendar
14    days after the deed is recorded in the county of
15    jurisdiction. The notice shall identify the real estate
16    purchased, the names of all parties to the contract, the
17    value of the contract, and the effective date of the
18    contract.
19        (7) Contracts necessary to prepare for anticipated
20    litigation, enforcement actions, or investigations,
21    provided that the chief legal counsel to the Governor shall
22    give his or her prior approval when the procuring agency is
23    one subject to the jurisdiction of the Governor, and
24    provided that the chief legal counsel of any other
25    procuring entity subject to this Code shall give his or her
26    prior approval when the procuring entity is not one subject

 

 

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1    to the jurisdiction of the Governor.
2        (8) Contracts for services to Northern Illinois
3    University by a person, acting as an independent
4    contractor, who is qualified by education, experience, and
5    technical ability and is selected by negotiation for the
6    purpose of providing non-credit educational service
7    activities or products by means of specialized programs
8    offered by the university.
9        (9) Procurement expenditures by the Illinois
10    Conservation Foundation when only private funds are used.
11        (10) Procurement expenditures by the Illinois Health
12    Information Exchange Authority involving private funds
13    from the Health Information Exchange Fund. "Private funds"
14    means gifts, donations, and private grants.
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    Notwithstanding any other provision of law, contracts
6entered into under item (12) of this subsection (b) shall be
7published in the Procurement Bulletin within 14 calendar days
8after contract execution. The chief procurement officer shall
9prescribe the form and content of the notice. The Illinois
10Finance Authority shall provide the chief procurement officer,
11on a monthly basis, in the form and content prescribed by the
12chief procurement officer, a report of contracts that are
13related to the procurement of goods and services identified in
14item (12) of this subsection (b). At a minimum, this report
15shall include the name of the contractor, a description of the
16supply or service provided, the total amount of the contract,
17the term of the contract, and the exception to the Code
18utilized. A copy of each of these contracts shall be made
19available to the chief procurement officer immediately upon
20request. The chief procurement officer shall submit a report to
21the Governor and General Assembly no later than November 1 of
22each year that shall include, at a minimum, an annual summary
23of the monthly information reported to the chief procurement
24officer.
25    (c) This Code does not apply to the electric power
26procurement process provided for under Section 1-75 of the

 

 

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1Illinois Power Agency Act and Section 16-111.5 of the Public
2Utilities Act.
3    (d) Except for Section 20-160 and Article 50 of this Code,
4and as expressly required by Section 9.1 of the Illinois
5Lottery Law, the provisions of this Code do not apply to the
6procurement process provided for under Section 9.1 of the
7Illinois Lottery Law.
8    (e) This Code does not apply to the process used by the
9Capital Development Board to retain a person or entity to
10assist the Capital Development Board with its duties related to
11the determination of costs of a clean coal SNG brownfield
12facility, as defined by Section 1-10 of the Illinois Power
13Agency Act, as required in subsection (h-3) of Section 9-220 of
14the Public Utilities Act, including calculating the range of
15capital costs, the range of operating and maintenance costs, or
16the sequestration costs or monitoring the construction of clean
17coal SNG brownfield facility for the full duration of
18construction.
19    (f) This Code does not apply to the process used by the
20Illinois Power Agency to retain a mediator to mediate sourcing
21agreement disputes between gas utilities and the clean coal SNG
22brownfield facility, as defined in Section 1-10 of the Illinois
23Power Agency Act, as required under subsection (h-1) of Section
249-220 of the Public Utilities Act.
25    (g) This Code does not apply to the processes used by the
26Illinois Power Agency to retain a mediator to mediate contract

 

 

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1disputes between gas utilities and the clean coal SNG facility
2and to retain an expert to assist in the review of contracts
3under subsection (h) of Section 9-220 of the Public Utilities
4Act. This Code does not apply to the process used by the
5Illinois Commerce Commission to retain an expert to assist in
6determining the actual incurred costs of the clean coal SNG
7facility and the reasonableness of those costs as required
8under subsection (h) of Section 9-220 of the Public Utilities
9Act.
10    (h) This Code does not apply to the process to procure or
11contracts entered into in accordance with Sections 11-5.2 and
1211-5.3 of the Illinois Public Aid Code.
13    (i) Each chief procurement officer may access records
14necessary to review whether a contract, purchase, or other
15expenditure is or is not subject to the provisions of this
16Code, unless such records would be subject to attorney-client
17privilege.
18    (j) This Code does not apply to the process used by the
19Capital Development Board to retain an artist or work or works
20of art as required in Section 14 of the Capital Development
21Board Act.
22    (k) This Code does not apply to the process to procure
23contracts, or contracts entered into, by the State Board of
24Elections or the State Electoral Board for hearing officers
25appointed pursuant to the Election Code.
26    (l) Contracts valued at more than $250,000 between the

 

 

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1State or any State agency and another state or the federal
2government, or an agency thereof, may be entered into only by a
3separate Act of the General Assembly. A contract executed
4before the effective date of this amendatory Act of the 99th
5General Assembly valued at more than $250,000 between the State
6or any State agency and another state or the federal
7government, or an agency thereof, may be entered into only by a
8separate Act of the General Assembly. Copies of such contracts
9shall be filed with the Index Department of the Office of the
10Secretary of State upon execution.
11(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
12eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
1397-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
1498-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
151-1-15.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.