State of Illinois
91st General Assembly
Legislation

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91_SB1871

 
                                               LRB9113259JMmb

 1        AN ACT concerning State contracts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Illinois Procurement Code is amended by
 5    changing Sections 1-10 and 20-80 as follows:

 6        (30 ILCS 500/1-10)
 7        Sec. 1-10.  Application.
 8        (a)  This Code applies only  to  procurements  for  which
 9    contractors  were  first  solicited on or after July 1, 1998.
10    This Code shall not be construed  to  affect  or  impair  any
11    contract,  or any provision of a contract, entered into based
12    on a solicitation prior to the implementation  date  of  this
13    Code as described in Article 99, including but not limited to
14    any  covenant  entered into with respect to any revenue bonds
15    or similar instruments. All procurements for which  contracts
16    are  solicited  between the effective date of Articles 50 and
17    99 and July 1, 1998 shall be substantially in accordance with
18    this Code and its intent.
19        (b)  This Code shall apply regardless of  the  source  of
20    the  funds  with  which  the  contracts  are  paid, including
21    federal assistance moneys.  Except for  the  contract  filing
22    requirements of Section 20-80, this Code shall not apply to:
23             (1)  contracts  between  the State and its political
24        subdivisions  or  other  governments,  or  between  State
25        governmental bodies except as  specifically  provided  in
26        this Code.
27             (2)  grants.
28             (3)  purchase of care.
29             (4)  hiring  of an individual as employee and not as
30        an  independent  contractor,  whether  pursuant   to   an
31        employment  code  or  policy or by contract directly with
 
                            -2-                LRB9113259JMmb
 1        that individual.
 2             (5)  collective bargaining contracts.
 3             (6)  purchase of real estate.
 4             (7)  contracts necessary to prepare for  anticipated
 5        litigation,   enforcement   actions,  or  investigations,
 6        provided that the chief legal  counsel  to  the  Governor
 7        shall  give  his or her prior approval when the procuring
 8        agency  is  one  subject  to  the  jurisdiction  of   the
 9        Governor,  and  provided  that the chief legal counsel of
10        any other procuring entity subject  to  this  Code  shall
11        give  his or her prior approval when the procuring entity
12        is not one subject to the jurisdiction of the Governor.
13             (8)  contracts for  services  to  Northern  Illinois
14        University   by   a  person,  acting  as  an  independent
15        contractor, who is qualified  by  education,  experience,
16        and  technical ability and is selected by negotiation for
17        the purpose of providing non-credit  educational  service
18        activities  or  products by means of specialized programs
19        offered by the university.
20    (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff.
21    8-19-99.)

22        (30 ILCS 500/20-80)
23        Sec. 20-80.  Contract files.
24        (a)  Written determinations.  All written  determinations
25    required  under  this Article shall be placed in the contract
26    file maintained by the chief procurement officer.
27        (b)  Filing with Comptroller.   Whenever  a  contract  or
28    grant liability, except for: (1) contracts paid from personal
29    services,   or  (2)  contracts  between  the  State  and  its
30    employees to defer compensation in accordance with Article 24
31    of the Illinois Pension Code, exceeding $10,000  is  incurred
32    by  any State agency, a copy of the contract, purchase order,
33    grant, or lease shall be filed with the Comptroller within 15
 
                            -3-                LRB9113259JMmb
 1    days thereafter.  Any cancellation  or  modification  to  any
 2    such  contract  liability shall be filed with the Comptroller
 3    within 15 days of its execution.
 4        (c)  Late filing affidavit.  When  a  contract,  purchase
 5    order,  grant,  or lease required to be filed by this Section
 6    has  not  been  filed  within  30  days  of  execution,   the
 7    Comptroller  shall  refuse  to  issue  a  warrant for payment
 8    thereunder until the agency files with  the  Comptroller  the
 9    contract,  purchase  order, grant, or lease and an affidavit,
10    signed by the chief executive officer of the agency or his or
11    her  designee,  setting  forth  an  explanation  of  why  the
12    contract liability was not filed within 30 days of execution.
13    A copy of this affidavit shall  be  filed  with  the  Auditor
14    General.
15        (d)  Professional  and  artistic  services contracts.  No
16    voucher shall be submitted to the Comptroller for  a  warrant
17    to  be drawn for the payment of money from the State treasury
18    or from other funds held by the State Treasurer on account of
19    any contract for services involving professional or  artistic
20    skills  involving  an expenditure of more than $5,000 for the
21    same type of service at the same location during  any  fiscal
22    year  unless  the  contract  is reduced to writing before the
23    services are performed and filed with the Comptroller.   When
24    a  contract  for professional or artistic skills in excess of
25    $5,000 was not reduced to writing before  the  services  were
26    performed,  the  Comptroller  shall refuse to issue a warrant
27    for payment for the services until  the  State  agency  files
28    with the Comptroller:
29             (1)  a written contract covering the services, and
30             (2)  an  affidavit,  signed  by  the chief executive
31        officer of the State  agency  or  his  or  her  designee,
32        stating that the services for which payment is being made
33        were  agreed  to  before commencement of the services and
34        setting forth an explanation of why the contract was  not
 
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 1        reduced to writing before the services commenced.
 2    A  copy  of  this  affidavit  shall be filed with the Auditor
 3    General.  The  Comptroller  shall  maintain  professional  or
 4    artistic   service   contracts   filed   under  this  Section
 5    separately from other filed contracts.
 6        (e)  Method of source  selection.   When  a  contract  is
 7    filed   with   the   Comptroller   under  this  Section,  the
 8    Comptroller's  file  shall  identify  the  method  of  source
 9    selection used in obtaining the contract.
10    (Source: P.A. 90-572, eff. date - See Sec. 99-5.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.

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