HB4745 EnrolledLRB100 18741 RJF 33975 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. Except as specifically provided in this
22Code, 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.
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) (Blank).
3        (9) Procurement expenditures by the Illinois
4    Conservation Foundation when only private funds are used.
5        (10) (Blank).
6        (11) Public-private agreements entered into according
7    to the procurement requirements of Section 20 of the
8    Public-Private Partnerships for Transportation Act and
9    design-build agreements entered into according to the
10    procurement requirements of Section 25 of the
11    Public-Private Partnerships for Transportation Act.
12        (12) Contracts for legal, financial, and other
13    professional and artistic services entered into on or
14    before December 31, 2018 by the Illinois Finance Authority
15    in which the State of Illinois is not obligated. Such
16    contracts shall be awarded through a competitive process
17    authorized by the Board of the Illinois Finance Authority
18    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
19    50-35, and 50-37 of this Code, as well as the final
20    approval by the Board of the Illinois Finance Authority of
21    the terms of the contract.
22        (13) Contracts for services, commodities, and
23    equipment to support the delivery of timely forensic
24    science services in consultation with and subject to the
25    approval of the Chief Procurement Officer as provided in
26    subsection (d) of Section 5-4-3a of the Unified Code of



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1    Corrections, except for the requirements of Sections
2    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
3    Code; however, the Chief Procurement Officer may, in
4    writing with justification, waive any certification
5    required under Article 50 of this Code. For any contracts
6    for services which are currently provided by members of a
7    collective bargaining agreement, the applicable terms of
8    the collective bargaining agreement concerning
9    subcontracting shall be followed.
10        On and after January 1, 2019, this paragraph (13),
11    except for this sentence, is inoperative.
12        (14) Contracts for participation expenditures required
13    by a domestic or international trade show or exhibition of
14    an exhibitor, member, or sponsor.
15        (15) Contracts with a railroad or utility that requires
16    the State to reimburse the railroad or utilities for the
17    relocation of utilities for construction or other public
18    purpose. Contracts included within this paragraph (15)
19    shall include, but not be limited to, those associated
20    with: relocations, crossings, installations, and
21    maintenance. For the purposes of this paragraph (15),
22    "railroad" means any form of non-highway ground
23    transportation that runs on rails or electromagnetic
24    guideways and "utility" means: (1) public utilities as
25    defined in Section 3-105 of the Public Utilities Act, (2)
26    telecommunications carriers as defined in Section 13-202



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1    of the Public Utilities Act, (3) electric cooperatives as
2    defined in Section 3.4 of the Electric Supplier Act, (4)
3    telephone or telecommunications cooperatives as defined in
4    Section 13-212 of the Public Utilities Act, (5) rural water
5    or waste water systems with 10,000 connections or less, (6)
6    a holder as defined in Section 21-201 of the Public
7    Utilities Act, and (7) municipalities owning or operating
8    utility systems consisting of public utilities as that term
9    is defined in Section 11-117-2 of the Illinois Municipal
10    Code.
11        (16) Procurement expenditures necessary for the
12    Department of Public Health to provide the delivery of
13    timely newborn screening services in accordance with the
14    Newborn Metabolic Screening Act.
15    Notwithstanding any other provision of law, for contracts
16entered into on or after October 1, 2017 under an exemption
17provided in any paragraph of this subsection (b), except
18paragraph (1), (2), or (5), each State agency shall post to the
19appropriate procurement bulletin the name of the contractor, a
20description of the supply or service provided, the total amount
21of the contract, the term of the contract, and the exception to
22the Code utilized. The chief procurement officer shall submit a
23report to the Governor and General Assembly no later than
24November 1 of each year that shall include, at a minimum, an
25annual summary of the monthly information reported to the chief
26procurement officer.



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1    (c) This Code does not apply to the electric power
2procurement process provided for under Section 1-75 of the
3Illinois Power Agency Act and Section 16-111.5 of the Public
4Utilities Act.
5    (d) Except for Section 20-160 and Article 50 of this Code,
6and as expressly required by Section 9.1 of the Illinois
7Lottery Law, the provisions of this Code do not apply to the
8procurement process provided for under Section 9.1 of the
9Illinois Lottery Law.
10    (e) This Code does not apply to the process used by the
11Capital Development Board to retain a person or entity to
12assist the Capital Development Board with its duties related to
13the determination of costs of a clean coal SNG brownfield
14facility, as defined by Section 1-10 of the Illinois Power
15Agency Act, as required in subsection (h-3) of Section 9-220 of
16the Public Utilities Act, including calculating the range of
17capital costs, the range of operating and maintenance costs, or
18the sequestration costs or monitoring the construction of clean
19coal SNG brownfield facility for the full duration of
21    (f) (Blank).
22    (g) (Blank).
23    (h) This Code does not apply to the process to procure or
24contracts entered into in accordance with Sections 11-5.2 and
2511-5.3 of the Illinois Public Aid Code.
26    (i) Each chief procurement officer may access records



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1necessary to review whether a contract, purchase, or other
2expenditure is or is not subject to the provisions of this
3Code, unless such records would be subject to attorney-client
5    (j) This Code does not apply to the process used by the
6Capital Development Board to retain an artist or work or works
7of art as required in Section 14 of the Capital Development
8Board Act.
9    (k) This Code does not apply to the process to procure
10contracts, or contracts entered into, by the State Board of
11Elections or the State Electoral Board for hearing officers
12appointed pursuant to the Election Code.
13    (l) This Code does not apply to the processes used by the
14Illinois Student Assistance Commission to procure supplies and
15services paid for from the private funds of the Illinois
16Prepaid Tuition Fund. As used in this subsection (l), "private
17funds" means funds derived from deposits paid into the Illinois
18Prepaid Tuition Trust Fund and the earnings thereon.
19(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.