Full Text of HB2616 102nd General Assembly
HB2616eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 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 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 | 9 | | bidders, offerors, potential contractors, or contractors were | 10 | | first
solicited on or after July 1, 1998. This Code shall not | 11 | | be construed to affect
or impair any contract, or any | 12 | | provision of a contract, entered into based on a
solicitation | 13 | | prior to the implementation date of this Code as described in
| 14 | | Article 99, including , but not limited to , any covenant | 15 | | entered into with respect
to any revenue bonds or similar | 16 | | instruments.
All procurements for which contracts are | 17 | | solicited between the effective date
of Articles 50 and 99 and | 18 | | July 1, 1998 shall be substantially in accordance
with this | 19 | | Code and its intent.
| 20 | | (b) This Code shall apply regardless of the source of the | 21 | | funds with which
the contracts are paid, including federal | 22 | | assistance 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 | 15 | | under the federal Americans with Disabilities Act when | 16 | | describing an individual with a disability. | 17 | | Notwithstanding any other provision of law, for contracts | 18 | | entered into on or after October 1, 2017 under an exemption | 19 | | provided in any paragraph of this subsection (b), except | 20 | | paragraph (1), (2), or (5), each State agency shall post to the | 21 | | appropriate procurement bulletin the name of the contractor, a | 22 | | description of the supply or service provided, the total | 23 | | amount of the contract, the term of the contract, and the | 24 | | exception to the Code utilized. The chief procurement officer | 25 | | shall submit a report to the Governor and General Assembly no | 26 | | later than November 1 of each year that shall include, at a |
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| 1 | | minimum, an annual summary of the monthly information reported | 2 | | to the chief procurement officer. | 3 | | (c) This Code does not apply to the electric power | 4 | | procurement process provided for under Section 1-75 of the | 5 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 6 | | Utilities Act. | 7 | | (d) Except for Section 20-160 and Article 50 of this Code, | 8 | | and as expressly required by Section 9.1 of the Illinois | 9 | | Lottery Law, the provisions of this Code do not apply to the | 10 | | procurement process provided for under Section 9.1 of the | 11 | | Illinois Lottery Law. | 12 | | (e) This Code does not apply to the process used by the | 13 | | Capital Development Board to retain a person or entity to | 14 | | assist the Capital Development Board with its duties related | 15 | | to the determination of costs of a clean coal SNG brownfield | 16 | | facility, as defined by Section 1-10 of the Illinois Power | 17 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 18 | | of the Public Utilities Act, including calculating the range | 19 | | of capital costs, the range of operating and maintenance | 20 | | costs, or the sequestration costs or monitoring the | 21 | | construction of clean coal SNG brownfield facility for the | 22 | | full duration of construction. | 23 | | (f) (Blank). | 24 | | (g) (Blank). | 25 | | (h) This Code does not apply to the process to procure or | 26 | | contracts entered into in accordance with Sections 11-5.2 and |
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| 1 | | 11-5.3 of the Illinois Public Aid Code. | 2 | | (i) Each chief procurement officer may access records | 3 | | necessary to review whether a contract, purchase, or other | 4 | | expenditure is or is not subject to the provisions of this | 5 | | Code, unless such records would be subject to attorney-client | 6 | | privilege. | 7 | | (j) This Code does not apply to the process used by the | 8 | | Capital Development Board to retain an artist or work or works | 9 | | of art as required in Section 14 of the Capital Development | 10 | | Board Act. | 11 | | (k) This Code does not apply to the process to procure | 12 | | contracts, or contracts entered into, by the State Board of | 13 | | Elections or the State Electoral Board for hearing officers | 14 | | appointed pursuant to the Election Code. | 15 | | (l) This Code does not apply to the processes used by the | 16 | | Illinois Student Assistance Commission to procure supplies and | 17 | | services paid for from the private funds of the Illinois | 18 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 19 | | funds" means funds derived from deposits paid into the | 20 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 21 | | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; | 22 | | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. | 23 | | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised | 24 | | 9-17-19.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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