99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4033

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-10

    Amends the Procurement Code. Provides that the provisions of the Code do not apply to contracts for legal, financial, and other professional and artistic services entered into by the Illinois Housing Development Authority in which the State is not obligated. Provides that such contracts shall be awarded through a competitive process authorized by the Authority and are subject to the final approval by the Authority of the terms of the contract. Requires the Authority to provide the chief procurement officer a report of contracts that are related to the procurement of the specified goods and services. Effective immediately.


LRB099 09507 SXM 29715 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4033LRB099 09507 SXM 29715 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 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 other governments, or between State

 

 

HB4033- 2 -LRB099 09507 SXM 29715 b

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 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

 

 

HB4033- 3 -LRB099 09507 SXM 29715 b

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

 

 

HB4033- 4 -LRB099 09507 SXM 29715 b

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        (13) Contracts for legal, financial, and other
6    professional and artistic services entered into by the
7    Illinois Housing Development Authority in which the State
8    of Illinois is not obligated. Such contracts shall be
9    awarded through a competitive process authorized by a
10    majority vote of the members of the Illinois Housing
11    Development Authority and are subject to Sections 5-30,
12    20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as
13    well as the final approval by a majority vote of the
14    members of the Illinois Housing Development Authority of
15    the terms of the contract.
16    Notwithstanding any other provision of law, contracts
17entered into under item (12) or (13) of this subsection (b)
18shall be published in the Procurement Bulletin within 14
19calendar days after contract execution. The chief procurement
20officer shall prescribe the form and content of the notice. The
21Illinois Finance Authority shall provide the chief procurement
22officer, on a monthly basis, in the form and content prescribed
23by the chief procurement officer, a report of contracts that
24are related to the procurement of goods and services identified
25in item (12) of this subsection (b). The Illinois Housing
26Development Authority shall provide the chief procurement

 

 

HB4033- 5 -LRB099 09507 SXM 29715 b

1officer, on a monthly basis, in the form and content prescribed
2by the chief procurement officer, a report of contracts that
3are related to the procurement of goods and services identified
4in item (13) of this subsection (b). At a minimum, this report
5shall include the name of the contractor, a description of the
6supply or service provided, the total amount of the contract,
7the term of the contract, and the exception to the Code
8utilized. A copy of each of these contracts shall be made
9available to the chief procurement officer immediately upon
10request. The chief procurement officer shall submit a report to
11the Governor and General Assembly no later than November 1 of
12each year that shall include, at a minimum, an annual summary
13of the monthly information reported to the chief procurement
14officer.
15    (c) This Code does not apply to the electric power
16procurement process provided for under Section 1-75 of the
17Illinois Power Agency Act and Section 16-111.5 of the Public
18Utilities Act.
19    (d) Except for Section 20-160 and Article 50 of this Code,
20and as expressly required by Section 9.1 of the Illinois
21Lottery Law, the provisions of this Code do not apply to the
22procurement process provided for under Section 9.1 of the
23Illinois Lottery Law.
24    (e) This Code does not apply to the process used by the
25Capital Development Board to retain a person or entity to
26assist the Capital Development Board with its duties related to

 

 

HB4033- 6 -LRB099 09507 SXM 29715 b

1the determination of costs of a clean coal SNG brownfield
2facility, as defined by Section 1-10 of the Illinois Power
3Agency Act, as required in subsection (h-3) of Section 9-220 of
4the Public Utilities Act, including calculating the range of
5capital costs, the range of operating and maintenance costs, or
6the sequestration costs or monitoring the construction of clean
7coal SNG brownfield facility for the full duration of
8construction.
9    (f) This Code does not apply to the process used by the
10Illinois Power Agency to retain a mediator to mediate sourcing
11agreement disputes between gas utilities and the clean coal SNG
12brownfield facility, as defined in Section 1-10 of the Illinois
13Power Agency Act, as required under subsection (h-1) of Section
149-220 of the Public Utilities Act.
15    (g) This Code does not apply to the processes used by the
16Illinois Power Agency to retain a mediator to mediate contract
17disputes between gas utilities and the clean coal SNG facility
18and to retain an expert to assist in the review of contracts
19under subsection (h) of Section 9-220 of the Public Utilities
20Act. This Code does not apply to the process used by the
21Illinois Commerce Commission to retain an expert to assist in
22determining the actual incurred costs of the clean coal SNG
23facility and the reasonableness of those costs as required
24under subsection (h) of Section 9-220 of the Public Utilities
25Act.
26    (h) This Code does not apply to the process to procure or

 

 

HB4033- 7 -LRB099 09507 SXM 29715 b

1contracts entered into in accordance with Sections 11-5.2 and
211-5.3 of the Illinois Public Aid Code.
3    (i) Each chief procurement officer may access records
4necessary to review whether a contract, purchase, or other
5expenditure is or is not subject to the provisions of this
6Code, unless such records would be subject to attorney-client
7privilege.
8    (j) This Code does not apply to the process used by the
9Capital Development Board to retain an artist or work or works
10of art as required in Section 14 of the Capital Development
11Board Act.
12    (k) This Code does not apply to the process to procure
13contracts, or contracts entered into, by the State Board of
14Elections or the State Electoral Board for hearing officers
15appointed pursuant to the Election Code.
16(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
17eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
1897-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
1998-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
201-1-15.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.