Illinois General Assembly - Full Text of HB3656
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Full Text of HB3656  102nd General Assembly

HB3656ham001 102ND GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 3/22/2021

 

 


 

 


 
10200HB3656ham001LRB102 13852 RJF 24126 a

1
AMENDMENT TO HOUSE BILL 3656

2    AMENDMENT NO. ______. Amend House Bill 3656 by replacing
3everything after the enacting clause with the following:
 
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
12provision of a contract, entered into based on a solicitation
13prior to the implementation date of this Code as described in
14Article 99, including, but not limited to, any covenant
15entered into with respect to any revenue bonds or similar
16instruments. All procurements for which contracts are

 

 

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1solicited between the effective date of Articles 50 and 99 and
2July 1, 1998 shall be substantially in accordance with this
3Code and its intent.
4    (b) This Code shall apply regardless of the source of the
5funds with which the contracts are paid, including federal
6assistance moneys. This Code shall not apply to:
7        (1) Contracts between the State and its political
8    subdivisions or other governments, or between State
9    governmental bodies, except as specifically provided in
10    this Code.
11        (2) Grants, except for the filing requirements of
12    Section 20-80.
13        (3) Purchase of care, except as provided in Section
14    5-30.6 of the Illinois Public Aid Code and this Section.
15        (4) Hiring of an individual as employee and not as an
16    independent contractor, whether pursuant to an employment
17    code or policy or by contract directly with that
18    individual.
19        (5) Collective bargaining contracts.
20        (6) Purchase of real estate, except that notice of
21    this type of contract with a value of more than $25,000
22    must be published in the Procurement Bulletin within 10
23    calendar days after the deed is recorded in the county of
24    jurisdiction. The notice shall identify the real estate
25    purchased, the names of all parties to the contract, the
26    value of the contract, and the effective date of the

 

 

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1    contract.
2        (7) Contracts necessary to prepare for anticipated
3    litigation, enforcement actions, or investigations,
4    provided that the chief legal counsel to the Governor
5    shall give his or her prior approval when the procuring
6    agency is one subject to the jurisdiction of the Governor,
7    and provided that the chief legal counsel of any other
8    procuring entity subject to this Code shall give his or
9    her prior approval when the procuring entity is not one
10    subject to the jurisdiction of the Governor.
11        (8) (Blank).
12        (9) Procurement expenditures by the Illinois
13    Conservation Foundation when only private funds are used.
14        (10) (Blank).
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

 

 

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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 services, commodities, and
6    equipment to support the delivery of timely forensic
7    science services in consultation with and subject to the
8    approval of the Chief Procurement Officer as provided in
9    subsection (d) of Section 5-4-3a of the Unified Code of
10    Corrections, except for the requirements of Sections
11    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
12    Code; however, the Chief Procurement Officer may, in
13    writing with justification, waive any certification
14    required under Article 50 of this Code. For any contracts
15    for services which are currently provided by members of a
16    collective bargaining agreement, the applicable terms of
17    the collective bargaining agreement concerning
18    subcontracting shall be followed.
19        On and after January 1, 2019, this paragraph (13),
20    except for this sentence, is inoperative.
21        (14) Contracts for participation expenditures required
22    by a domestic or international trade show or exhibition of
23    an exhibitor, member, or sponsor.
24        (15) Contracts with a railroad or utility that
25    requires the State to reimburse the railroad or utilities
26    for the relocation of utilities for construction or other

 

 

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1    public purpose. Contracts included within this paragraph
2    (15) shall include, but not be limited to, those
3    associated with: relocations, crossings, installations,
4    and maintenance. For the purposes of this paragraph (15),
5    "railroad" means any form of non-highway ground
6    transportation that runs on rails or electromagnetic
7    guideways and "utility" means: (1) public utilities as
8    defined in Section 3-105 of the Public Utilities Act, (2)
9    telecommunications carriers as defined in Section 13-202
10    of the Public Utilities Act, (3) electric cooperatives as
11    defined in Section 3.4 of the Electric Supplier Act, (4)
12    telephone or telecommunications cooperatives as defined in
13    Section 13-212 of the Public Utilities Act, (5) rural
14    water or waste water systems with 10,000 connections or
15    less, (6) a holder as defined in Section 21-201 of the
16    Public Utilities Act, and (7) municipalities owning or
17    operating utility systems consisting of public utilities
18    as that term is defined in Section 11-117-2 of the
19    Illinois Municipal Code.
20        (16) Procurement expenditures necessary for the
21    Department of Public Health to provide the delivery of
22    timely newborn screening services in accordance with the
23    Newborn Metabolic Screening Act.
24        (17) Procurement expenditures necessary for the
25    Department of Agriculture, the Department of Financial and
26    Professional Regulation, the Department of Human Services,

 

 

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1    and the Department of Public Health to implement the
2    Compassionate Use of Medical Cannabis Program and Opioid
3    Alternative Pilot Program requirements and ensure access
4    to medical cannabis for patients with debilitating medical
5    conditions in accordance with the Compassionate Use of
6    Medical Cannabis Program Act.
7        (18) This Code does not apply to any procurements
8    necessary for the Department of Agriculture, the
9    Department of Financial and Professional Regulation, the
10    Department of Human Services, the Department of Commerce
11    and Economic Opportunity, and the Department of Public
12    Health to implement the Cannabis Regulation and Tax Act if
13    the applicable agency has made a good faith determination
14    that it is necessary and appropriate for the expenditure
15    to fall within this exemption and if the process is
16    conducted in a manner substantially in accordance with the
17    requirements of Sections 20-160, 25-60, 30-22, 50-5,
18    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
19    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
20    Section 50-35, compliance applies only to contracts or
21    subcontracts over $100,000. Notice of each contract
22    entered into under this paragraph (18) that is related to
23    the procurement of goods and services identified in
24    paragraph (1) through (9) of this subsection shall be
25    published in the Procurement Bulletin within 14 calendar
26    days after contract execution. The Chief Procurement

 

 

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1    Officer shall prescribe the form and content of the
2    notice. Each agency shall provide the Chief Procurement
3    Officer, on a monthly basis, in the form and content
4    prescribed by the Chief Procurement Officer, a report of
5    contracts that are related to the procurement of goods and
6    services identified in this subsection. At a minimum, this
7    report shall include the name of the contractor, a
8    description of the supply or service provided, the total
9    amount of the contract, the term of the contract, and the
10    exception to this Code utilized. A copy of any or all of
11    these contracts shall be made available to the Chief
12    Procurement Officer immediately upon request. The Chief
13    Procurement Officer shall submit a report to the Governor
14    and General Assembly no later than November 1 of each year
15    that includes, at a minimum, an annual summary of the
16    monthly information reported to the Chief Procurement
17    Officer. This exemption becomes inoperative 5 years after
18    June 25, 2019 (the effective date of Public Act 101-27)
19    this amendatory Act of the 101st General Assembly.
20    Notwithstanding any other provision of law, for contracts
21entered into on or after October 1, 2017 under an exemption
22provided in any paragraph of this subsection (b), except
23paragraph (1), (2), or (5), each State agency shall post to the
24appropriate procurement bulletin the name of the contractor, a
25description of the supply or service provided, the total
26amount of the contract, the term of the contract, and the

 

 

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1exception to the Code utilized. The chief procurement officer
2shall submit a report to the Governor and General Assembly no
3later than November 1 of each year that shall include, at a
4minimum, an annual summary of the monthly information reported
5to the chief procurement officer.
6    (c) This Code does not apply to the electric power
7procurement process provided for under Section 1-75 of the
8Illinois Power Agency Act and Section 16-111.5 of the Public
9Utilities Act.
10    (d) Except for Section 20-160 and Article 50 of this Code,
11and as expressly required by Section 9.1 of the Illinois
12Lottery Law, the provisions of this Code do not apply to the
13procurement process provided for under Section 9.1 of the
14Illinois Lottery Law.
15    (e) This Code does not apply to the process used by the
16Capital Development Board to retain a person or entity to
17assist the Capital Development Board with its duties related
18to the determination of costs of a clean coal SNG brownfield
19facility, as defined by Section 1-10 of the Illinois Power
20Agency Act, as required in subsection (h-3) of Section 9-220
21of the Public Utilities Act, including calculating the range
22of capital costs, the range of operating and maintenance
23costs, or the sequestration costs or monitoring the
24construction of clean coal SNG brownfield facility for the
25full duration of construction.
26    (f) (Blank).

 

 

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1    (g) (Blank).
2    (h) This Code does not apply to the process to procure or
3contracts entered into in accordance with Sections 11-5.2 and
411-5.3 of the Illinois Public Aid Code.
5    (i) Each chief procurement officer may access records
6necessary to review whether a contract, purchase, or other
7expenditure is or is not subject to the provisions of this
8Code, unless such records would be subject to attorney-client
9privilege.
10    (j) This Code does not apply to the process used by the
11Capital Development Board to retain an artist or work or works
12of art as required in Section 14 of the Capital Development
13Board Act.
14    (k) This Code does not apply to the process to procure
15contracts, or contracts entered into, by the State Board of
16Elections or the State Electoral Board for hearing officers
17appointed pursuant to the Election Code.
18    (l) This Code does not apply to the processes used by the
19Illinois Student Assistance Commission to procure supplies and
20services paid for from the private funds of the Illinois
21Prepaid Tuition Fund. As used in this subsection (l), "private
22funds" means funds derived from deposits paid into the
23Illinois Prepaid Tuition Trust Fund and the earnings thereon.
24    (m) This Code does not apply to contracts for services,
25commodities, and equipment to support the health, protection,
26safety, welfare, and accountability of State police officers

 

 

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1in consultation with and subject to the approval of the chief
2procurement officer. Procurements under this subsection are
3not subject to the provisions of this Code, except for the
4requirements of Sections 20-60, 20-65, 20-70, and 20-160 and
5Article 50; however, the chief procurement officer may, in
6writing with justification, waive any certification required
7under Article 50 of this Code. For any contracts for services
8which are currently provided by members of a collective
9bargaining agreement, the applicable terms of the collective
10bargaining agreement concerning subcontracting shall be
11followed. The provisions of this subsection (m), other than
12this sentence, are inoperative on and after January 2, 2025 or
134 years after the effective date of this amendatory Act of the
14102nd General Assembly, whichever is later.
15(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
16100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
176-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
189-17-19.)
 
19    Section 10. The Illinois Vehicle Code is amended by
20changing Section 11-907 as follows:
 
21    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
22    Sec. 11-907. Operation of vehicles and streetcars on
23approach of authorized emergency vehicles.
24    (a) Upon the immediate approach of an authorized emergency

 

 

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1vehicle making use of audible and visual signals meeting the
2requirements of this Code or a police vehicle properly and
3lawfully making use of an audible or visual signal:
4        (1) the driver of every other vehicle shall yield the
5    right-of-way and shall immediately drive to a position
6    parallel to, and as close as possible to, the right-hand
7    edge or curb of the highway clear of any intersection and
8    shall, if necessary to permit the safe passage of the
9    emergency vehicle, stop and remain in such position until
10    the authorized emergency vehicle has passed, unless
11    otherwise directed by a police officer; and
12        (2) the operator of every streetcar shall immediately
13    stop such car clear of any intersection and keep it in such
14    position until the authorized emergency vehicle has
15    passed, unless otherwise directed by a police officer.
16    (b) This Section shall not operate to relieve the driver
17of an authorized emergency vehicle from the duty to drive with
18due regard for the safety of all persons using the highway.
19    (c) Upon approaching a stationary authorized emergency
20vehicle, when the authorized emergency vehicle is giving a
21signal by displaying alternately flashing red, red and white,
22blue, or red and blue lights or amber or yellow warning lights,
23a person who drives an approaching vehicle shall:
24        (1) proceeding with due caution, yield the
25    right-of-way by making a lane change into a lane not
26    adjacent to that of the authorized emergency vehicle, if

 

 

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1    possible with due regard to safety and traffic conditions,
2    if on a highway having at least 4 lanes with not less than
3    2 lanes proceeding in the same direction as the
4    approaching vehicle; or
5        (2) if changing lanes would be impossible or unsafe,
6    proceeding with due caution, reduce the speed of the
7    vehicle, maintaining a safe speed for road conditions and
8    leaving a safe distance until safely past the stationary
9    emergency vehicles.
10    The visual signal specified under this subsection (c)
11given by an authorized emergency vehicle is an indication to
12drivers of approaching vehicles that a hazardous condition is
13present when circumstances are not immediately clear. Drivers
14of vehicles approaching a stationary emergency vehicle in any
15lane shall heed the warning of the signal, reduce the speed of
16the vehicle, proceed with due caution, maintain a safe speed
17for road conditions, be prepared to stop, and leave a safe
18distance until safely passed the stationary emergency vehicle.
19    As used in this subsection (c), "authorized emergency
20vehicle" includes any vehicle authorized by law to be equipped
21with oscillating, rotating, or flashing lights under Section
2212-215 of this Code, while the owner or operator of the vehicle
23is engaged in his or her official duties.
24    (d) A person who violates subsection (c) of this Section
25commits a business offense punishable by a fine of not less
26than $250 or more than $10,000 for a first violation, and a

 

 

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1fine of not less than $750 or more than $10,000 for a second or
2subsequent violation. It is a factor in aggravation if the
3person committed the offense while in violation of Section
411-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
5penalties authorized by this subsection (d) for a violation of
6subsection (c) of this Section that results in the death of
7another person does not preclude imposition of appropriate
8additional civil or criminal penalties. A person who violates
9subsection (c) and the violation results in damage to another
10vehicle commits a Class A misdemeanor. A person who violates
11subsection (c) and the violation results in the injury or
12death of another person commits a Class 4 felony.
13    (e) If a violation of subsection (c) of this Section
14results in damage to the property of another person, in
15addition to any other penalty imposed, the person's driving
16privileges shall be suspended for a fixed period of not less
17than 90 days and not more than one year.
18    (f) If a violation of subsection (c) of this Section
19results in injury to another person, in addition to any other
20penalty imposed, the person's driving privileges shall be
21suspended for a fixed period of not less than 180 days and not
22more than 2 years.
23    (g) If a violation of subsection (c) of this Section
24results in the death of another person, in addition to any
25other penalty imposed, the person's driving privileges shall
26be suspended for 2 years.

 

 

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1    (h) The Secretary of State shall, upon receiving a record
2of a judgment entered against a person under subsection (c) of
3this Section:
4        (1) suspend the person's driving privileges for the
5    mandatory period; or
6        (2) extend the period of an existing suspension by the
7    appropriate mandatory period.
8    (i) The Scott's Law Fund shall be a special fund in the
9State treasury. Subject to appropriation by the General
10Assembly and approval by the Director, the Director of the
11State Police shall use all moneys in the Scott's Law Fund in
12the Department's discretion to fund the production of
13materials to educate drivers on approaching stationary
14authorized emergency vehicles, to hire off-duty Department of
15State Police for enforcement of this Section, and for other
16law enforcement purposes the Director deems necessary in these
17efforts.
18    (j) For violations of this Section issued by a county or
19municipal police officer, the assessment shall be deposited
20into the county's or municipality's Transportation Safety
21Highway Hire-back Fund. The county shall use the moneys in its
22Transportation Safety Highway Hire-back Fund to hire off-duty
23county police officers to monitor construction or maintenance
24zones in that county on highways other than interstate
25highways. The county, in its discretion, may also use a
26portion of the moneys in its Transportation Safety Highway

 

 

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1Hire-back Fund to purchase equipment for county law
2enforcement and fund the production of materials to educate
3drivers on construction zone safe driving habits and
4approaching stationary authorized emergency vehicles.
5(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)".