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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1884 Introduced 2/15/2019, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
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720 ILCS 5/33E-9 | from Ch. 38, par. 33E-9 |
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Amends the Criminal Code of 2012. Provides that a provision providing for change orders shall only apply to a change order or series of change orders
which authorize or necessitate an increase or decrease in either the cost
of a public contract by a total of $100,000 (rather than $10,000) or more or the time of
completion by a total of 30 days or more.
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| | A BILL FOR |
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| | SB1884 | | LRB101 10719 SLF 55831 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 33E-9 as follows:
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| 6 | | (720 ILCS 5/33E-9) (from Ch. 38, par. 33E-9)
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| 7 | | Sec. 33E-9. Change orders. Any change order authorized |
| 8 | | under this
Section shall be made in writing. Any person |
| 9 | | employed by and authorized
by any unit of State or local |
| 10 | | government to approve a change order to any
public contract who |
| 11 | | knowingly grants that approval without first obtaining
from the |
| 12 | | unit of State or local government on whose behalf the contract |
| 13 | | was
signed, or from a designee authorized by that unit of State |
| 14 | | or local
government, a determination in writing that (1) the |
| 15 | | circumstances said to
necessitate the change in performance |
| 16 | | were not reasonably foreseeable at
the time the contract was |
| 17 | | signed, or (2) the change is germane to the
original contract |
| 18 | | as signed, or (3) the change order is in the best
interest of |
| 19 | | the unit of State or local government and authorized by law,
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| 20 | | commits a Class 4 felony. The written determination and the |
| 21 | | written change
order resulting from that determination shall be |
| 22 | | preserved in the
contract's file which shall be open to the |
| 23 | | public for inspection. This
Section shall only apply to a |