HB2616 EnrolledLRB102 13271 RJF 18615 b

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
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
17solicited between the effective date of Articles 50 and 99 and
18July 1, 1998 shall be substantially in accordance with this
19Code and its intent.
20    (b) This Code shall apply regardless of the source of the
21funds with which the contracts are paid, including federal
22assistance moneys. This Code shall not apply to:
23        (1) Contracts between the State and its political



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1    subdivisions or other governments, or between State
2    governmental bodies, except as specifically provided in
3    this Code.
4        (2) Grants, except for the filing requirements of
5    Section 20-80.
6        (3) Purchase of care, except as provided in Section
7    5-30.6 of the Illinois Public Aid Code and this Section.
8        (4) Hiring of an individual as employee and not as an
9    independent contractor, whether pursuant to an employment
10    code or policy or by contract directly with that
11    individual.
12        (5) Collective bargaining contracts.
13        (6) Purchase of real estate, except that notice of
14    this type of contract with a value of more than $25,000
15    must be published in the Procurement Bulletin within 10
16    calendar days after the deed is recorded in the county of
17    jurisdiction. The notice shall identify the real estate
18    purchased, the names of all parties to the contract, the
19    value of the contract, and the effective date of the
20    contract.
21        (7) Contracts necessary to prepare for anticipated
22    litigation, enforcement actions, or investigations,
23    provided that the chief legal counsel to the Governor
24    shall give his or her prior approval when the procuring
25    agency is one subject to the jurisdiction of the Governor,
26    and provided that the chief legal counsel of any other



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1    procuring entity subject to this Code shall give his or
2    her prior approval when the procuring entity is not one
3    subject to the jurisdiction of the Governor.
4        (8) (Blank).
5        (9) Procurement expenditures by the Illinois
6    Conservation Foundation when only private funds are used.
7        (10) (Blank).
8        (11) Public-private agreements entered into according
9    to the procurement requirements of Section 20 of the
10    Public-Private Partnerships for Transportation Act and
11    design-build agreements entered into according to the
12    procurement requirements of Section 25 of the
13    Public-Private Partnerships for Transportation Act.
14        (12) Contracts for legal, financial, and other
15    professional and artistic services entered into on or
16    before December 31, 2018 by the Illinois Finance Authority
17    in which the State of Illinois is not obligated. Such
18    contracts shall be awarded through a competitive process
19    authorized by the Board of the Illinois Finance Authority
20    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
21    50-35, and 50-37 of this Code, as well as the final
22    approval by the Board of the Illinois Finance Authority of
23    the terms of the contract.
24        (13) Contracts for services, commodities, and
25    equipment to support the delivery of timely forensic
26    science services in consultation with and subject to the



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1    approval of the Chief Procurement Officer as provided in
2    subsection (d) of Section 5-4-3a of the Unified Code of
3    Corrections, except for the requirements of Sections
4    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
5    Code; however, the Chief Procurement Officer may, in
6    writing with justification, waive any certification
7    required under Article 50 of this Code. For any contracts
8    for services which are currently provided by members of a
9    collective bargaining agreement, the applicable terms of
10    the collective bargaining agreement concerning
11    subcontracting shall be followed.
12        On and after January 1, 2019, this paragraph (13),
13    except for this sentence, is inoperative.
14        (14) Contracts for participation expenditures required
15    by a domestic or international trade show or exhibition of
16    an exhibitor, member, or sponsor.
17        (15) Contracts with a railroad or utility that
18    requires the State to reimburse the railroad or utilities
19    for the relocation of utilities for construction or other
20    public purpose. Contracts included within this paragraph
21    (15) shall include, but not be limited to, those
22    associated with: relocations, crossings, installations,
23    and maintenance. For the purposes of this paragraph (15),
24    "railroad" means any form of non-highway ground
25    transportation that runs on rails or electromagnetic
26    guideways and "utility" means: (1) public utilities as



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1    defined in Section 3-105 of the Public Utilities Act, (2)
2    telecommunications carriers as defined in Section 13-202
3    of the Public Utilities Act, (3) electric cooperatives as
4    defined in Section 3.4 of the Electric Supplier Act, (4)
5    telephone or telecommunications cooperatives as defined in
6    Section 13-212 of the Public Utilities Act, (5) rural
7    water or waste water systems with 10,000 connections or
8    less, (6) a holder as defined in Section 21-201 of the
9    Public Utilities Act, and (7) municipalities owning or
10    operating utility systems consisting of public utilities
11    as that term is defined in Section 11-117-2 of the
12    Illinois Municipal Code.
13        (16) Procurement expenditures necessary for the
14    Department of Public Health to provide the delivery of
15    timely newborn screening services in accordance with the
16    Newborn Metabolic Screening Act.
17        (17) Procurement expenditures necessary for the
18    Department of Agriculture, the Department of Financial and
19    Professional Regulation, the Department of Human Services,
20    and the Department of Public Health to implement the
21    Compassionate Use of Medical Cannabis Program and Opioid
22    Alternative Pilot Program requirements and ensure access
23    to medical cannabis for patients with debilitating medical
24    conditions in accordance with the Compassionate Use of
25    Medical Cannabis Program Act.
26        (18) This Code does not apply to any procurements



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1    necessary for the Department of Agriculture, the
2    Department of Financial and Professional Regulation, the
3    Department of Human Services, the Department of Commerce
4    and Economic Opportunity, and the Department of Public
5    Health to implement the Cannabis Regulation and Tax Act if
6    the applicable agency has made a good faith determination
7    that it is necessary and appropriate for the expenditure
8    to fall within this exemption and if the process is
9    conducted in a manner substantially in accordance with the
10    requirements of Sections 20-160, 25-60, 30-22, 50-5,
11    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
12    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
13    Section 50-35, compliance applies only to contracts or
14    subcontracts over $100,000. Notice of each contract
15    entered into under this paragraph (18) that is related to
16    the procurement of goods and services identified in
17    paragraph (1) through (9) of this subsection shall be
18    published in the Procurement Bulletin within 14 calendar
19    days after contract execution. The Chief Procurement
20    Officer shall prescribe the form and content of the
21    notice. Each agency shall provide the Chief Procurement
22    Officer, on a monthly basis, in the form and content
23    prescribed by the Chief Procurement Officer, a report of
24    contracts that are related to the procurement of goods and
25    services identified in this subsection. At a minimum, this
26    report shall include the name of the contractor, a



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1    description of the supply or service provided, the total
2    amount of the contract, the term of the contract, and the
3    exception to this Code utilized. A copy of any or all of
4    these contracts shall be made available to the Chief
5    Procurement Officer immediately upon request. The Chief
6    Procurement Officer shall submit a report to the Governor
7    and General Assembly no later than November 1 of each year
8    that includes, at a minimum, an annual summary of the
9    monthly information reported to the Chief Procurement
10    Officer. This exemption becomes inoperative 5 years after
11    June 25, 2019 (the effective date of Public Act 101-27)
12    this amendatory Act of the 101st General Assembly.
13        (19) Acquisition of modifications or adjustments,
14    limited to assistive technology devices and assistive
15    technology services, adaptive equipment, repairs, and
16    replacement parts to provide reasonable accommodations (i)
17    that enable a qualified applicant with a disability to
18    complete the job application process and be considered for
19    the position such qualified applicant desires, (ii) that
20    modify or adjust the work environment to enable a
21    qualified current employee with a disability to perform
22    the essential functions of the position held by that
23    employee, (iii) to enable a qualified current employee
24    with a disability to enjoy equal benefits and privileges
25    of employment as are enjoyed by its other similarly
26    situated employees without disabilities, and (iv) that



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1    allow a customer, client, claimant or member of the public
2    seeking State services full use and enjoyment of and
3    access to its programs, services, or benefits.
4        For purposes of this paragraph (19):
5        "Assistive technology devices" means any item, piece
6    of equipment, or product system, whether acquired
7    commercially off the shelf, modified, or customized, that
8    is used to increase, maintain, or improve functional
9    capabilities of individuals with disabilities.
10        "Assistive technology services" means any service that
11    directly assists an individual with a disability in
12    selection, acquisition, or use of an assistive technology
13    device.
14        "Qualified" has the same meaning and use as provided
15under the federal Americans with Disabilities Act when
16describing an individual with a disability.
17    Notwithstanding any other provision of law, for contracts
18entered into on or after October 1, 2017 under an exemption
19provided in any paragraph of this subsection (b), except
20paragraph (1), (2), or (5), each State agency shall post to the
21appropriate procurement bulletin the name of the contractor, a
22description of the supply or service provided, the total
23amount of the contract, the term of the contract, and the
24exception to the Code utilized. The chief procurement officer
25shall submit a report to the Governor and General Assembly no
26later than November 1 of each year that shall include, at a



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1minimum, an annual summary of the monthly information reported
2to the chief procurement officer.
3    (c) This Code does not apply to the electric power
4procurement process provided for under Section 1-75 of the
5Illinois Power Agency Act and Section 16-111.5 of the Public
6Utilities Act.
7    (d) Except for Section 20-160 and Article 50 of this Code,
8and as expressly required by Section 9.1 of the Illinois
9Lottery Law, the provisions of this Code do not apply to the
10procurement process provided for under Section 9.1 of the
11Illinois Lottery Law.
12    (e) This Code does not apply to the process used by the
13Capital Development Board to retain a person or entity to
14assist the Capital Development Board with its duties related
15to the determination of costs of a clean coal SNG brownfield
16facility, as defined by Section 1-10 of the Illinois Power
17Agency Act, as required in subsection (h-3) of Section 9-220
18of the Public Utilities Act, including calculating the range
19of capital costs, the range of operating and maintenance
20costs, or the sequestration costs or monitoring the
21construction of clean coal SNG brownfield facility for the
22full duration of construction.
23    (f) (Blank).
24    (g) (Blank).
25    (h) This Code does not apply to the process to procure or
26contracts entered into in accordance with Sections 11-5.2 and



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111-5.3 of the Illinois Public Aid Code.
2    (i) Each chief procurement officer may access records
3necessary to review whether a contract, purchase, or other
4expenditure is or is not subject to the provisions of this
5Code, unless such records would be subject to attorney-client
7    (j) This Code does not apply to the process used by the
8Capital Development Board to retain an artist or work or works
9of art as required in Section 14 of the Capital Development
10Board Act.
11    (k) This Code does not apply to the process to procure
12contracts, or contracts entered into, by the State Board of
13Elections or the State Electoral Board for hearing officers
14appointed pursuant to the Election Code.
15    (l) This Code does not apply to the processes used by the
16Illinois Student Assistance Commission to procure supplies and
17services paid for from the private funds of the Illinois
18Prepaid Tuition Fund. As used in this subsection (l), "private
19funds" means funds derived from deposits paid into the
20Illinois Prepaid Tuition Trust Fund and the earnings thereon.
21(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
22100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
236-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
25    Section 99. Effective date. This Act takes effect upon
26becoming law.