Public Act 102-0600
 
HB2616 EnrolledLRB102 13271 RJF 18615 b


  
    AN ACT concerning finance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Procurement Code is amended  by 
changing Section 1-10 as follows:
 

    (30 ILCS 500/1-10)

   
    Sec. 1-10. Application. 

    (a) This Code applies only to procurements for which 
bidders, offerors, potential contractors, or contractors were 
first
solicited on or after July 1, 1998.  This Code shall not 
be construed to affect
or impair any contract, or any 
provision of a contract, entered into based on a
solicitation 
prior to the implementation date of this Code as described in

Article 99, including, but not limited to, any covenant 
entered into with respect
to any revenue bonds or similar 
instruments.
All procurements for which contracts are 
solicited between the effective date
of Articles 50 and 99 and 
July 1, 1998 shall be substantially in accordance
with this 
Code and its intent.

    (b) This Code shall apply regardless of the source of the 
funds with which
the contracts are paid, including federal 
assistance moneys. This
 Code shall
not apply to:

        (1) Contracts between the State and its political 
    subdivisions or other
governments, or between State 
    governmental bodies, except as specifically provided in 
    this Code.

        (2) Grants, except for the filing requirements of 
    Section 20-80.

        (3) Purchase of care, except as provided in Section 
    5-30.6 of the Illinois Public Aid
Code and this Section.

        (4) Hiring of an individual as employee and not as an 
    independent
contractor, whether pursuant to an employment 
    code or policy or by contract
directly with that 
    individual.

        (5) Collective bargaining contracts.

        (6) Purchase of real estate, except that notice of 
    this type of contract with a value of more than $25,000 
    must  be published in the Procurement Bulletin within 10 
    calendar days after the deed is recorded in the county of 
    jurisdiction. The notice shall identify the real estate 
    purchased, the names of all parties to the contract, the 
    value of the contract, and the effective date of the 
    contract.

        (7) Contracts necessary to prepare for anticipated 
    litigation, enforcement
actions, or investigations, 
    provided
that the chief legal counsel to the Governor 
    shall give his or her prior
approval when the procuring 
    agency is one subject to the jurisdiction of the
Governor, 
    and provided that the chief legal counsel of any other 
    procuring
entity
subject to this Code shall give his or 
    her prior approval when the procuring
entity is not one 
    subject to the jurisdiction of the Governor.

        (8) (Blank).

        (9) Procurement expenditures by the Illinois 
    Conservation Foundation
when only private funds are used.

        (10) (Blank). 
        (11) Public-private agreements entered into according 
    to the procurement requirements of Section 20 of the 
    Public-Private Partnerships for Transportation Act and 
    design-build agreements entered into according to the 
    procurement requirements of Section 25 of the 
    Public-Private Partnerships for Transportation Act.
        (12) Contracts for legal, financial, and other 
    professional and artistic services entered into on or 
    before December 31, 2018 by the Illinois Finance Authority 
    in which the State of Illinois is not obligated. Such 
    contracts shall be awarded through a competitive process 
    authorized by the Board of the Illinois Finance Authority 
    and are subject to Sections 5-30, 20-160, 50-13, 50-20, 
    50-35, and 50-37 of this Code, as well as the final 
    approval by the Board of the Illinois Finance Authority of 
    the terms of the contract.
        (13) Contracts for services, commodities, and 
    equipment to support the delivery of timely forensic 
    science services in consultation with and subject to the 
    approval of the Chief Procurement Officer as provided in 
    subsection (d) of Section 5-4-3a of the Unified Code of 
    Corrections, except for the requirements of Sections 
    20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
    Code; however, the Chief Procurement Officer may,  in 
    writing with justification, waive any certification 
    required under Article 50 of this Code. For any contracts 
    for services which are currently provided by members of a 
    collective bargaining agreement, the applicable terms of 
    the collective bargaining agreement concerning 
    subcontracting shall be followed.
        On and after January 1, 2019, this paragraph (13), 
    except for this sentence, is inoperative. 
        (14) Contracts for participation expenditures required 
    by a domestic or international trade show or exhibition of 
    an exhibitor, member, or sponsor.
        (15) Contracts with a railroad or utility that 
    requires the State to reimburse the railroad or utilities 
    for the relocation of utilities for construction or other 
    public purpose. Contracts included within this paragraph 
    (15) shall include, but not be limited to, those 
    associated with: relocations, crossings, installations, 
    and maintenance. For the purposes of this paragraph (15), 
    "railroad" means any form of non-highway ground 
    transportation that runs on rails or electromagnetic 
    guideways and "utility" means: (1) public utilities as 
    defined in Section 3-105 of the Public Utilities Act, (2) 
    telecommunications carriers as defined in Section 13-202 
    of the Public Utilities Act, (3) electric cooperatives as 
    defined in Section 3.4 of the Electric Supplier Act, (4) 
    telephone or telecommunications cooperatives as defined in 
    Section 13-212 of the Public Utilities Act, (5) rural 
    water or waste water systems with 10,000 connections or 
    less, (6) a holder as defined in Section 21-201 of the 
    Public Utilities Act, and (7) municipalities owning or 
    operating utility systems consisting of public utilities 
    as that term is defined in Section 11-117-2 of the 
    Illinois Municipal Code. 
        (16)   Procurement expenditures necessary for the 
    Department of Public Health to provide the delivery of 
    timely newborn screening services in accordance with the 
    Newborn Metabolic Screening Act. 
        (17)  Procurement expenditures necessary for the 
    Department of Agriculture, the Department of Financial and 
    Professional Regulation, the Department of Human Services, 
    and the Department of Public Health to implement the 
    Compassionate Use of Medical Cannabis Program and Opioid 
    Alternative Pilot Program requirements and ensure access 
    to medical cannabis for patients with debilitating medical 
    conditions in accordance with the Compassionate Use of 
    Medical Cannabis Program Act.
        (18) This Code does not apply to any procurements 
    necessary for the Department of Agriculture, the 
    Department of Financial and Professional Regulation, the 
    Department of Human Services, the Department of Commerce 
    and Economic Opportunity, and the Department of Public 
    Health to implement the Cannabis Regulation and Tax Act if 
    the applicable agency has made a good faith determination 
    that it is necessary and appropriate for the expenditure 
    to fall within this exemption and if the process is 
    conducted in a manner substantially in accordance with the 
    requirements of Sections 20-160, 25-60, 30-22, 50-5, 
    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
    50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
    Section 50-35, compliance applies only to contracts or 
    subcontracts over $100,000. Notice of each contract 
    entered into under this paragraph (18) that is related to 
    the procurement of goods and services identified in 
    paragraph (1) through (9) of this subsection shall be 
    published in the Procurement Bulletin within 14 calendar 
    days after contract execution. The Chief Procurement 
    Officer shall prescribe the form and content of the 
    notice. Each agency shall provide the Chief Procurement 
    Officer, on a monthly basis, in the form and content 
    prescribed by the Chief Procurement Officer, a report of 
    contracts that are related to the procurement of goods and 
    services identified in this subsection. At a minimum, this 
    report shall include the name of the contractor, a 
    description of the supply or service provided, the total 
    amount of the contract, the term of the contract, and the 
    exception to this Code utilized. A copy of any or all of 
    these contracts shall be made available to the Chief 
    Procurement Officer immediately upon request. The Chief 
    Procurement Officer shall submit a report to the Governor 
    and General Assembly no later than November 1 of each year 
    that includes, at a minimum, an annual summary of the 
    monthly information reported to the Chief Procurement 
    Officer. This exemption becomes inoperative 5 years after 
    June 25, 2019 (the effective date of Public Act 101-27) 
    this amendatory Act of the 101st General Assembly.
        (19) Acquisition of modifications or adjustments, 
    limited to assistive technology devices and assistive 
    technology services, adaptive equipment, repairs, and 
    replacement parts to provide reasonable accommodations (i) 
    that enable a qualified applicant with a disability to 
    complete the job application process and be considered for 
    the position such qualified applicant desires, (ii) that 
    modify or adjust the work environment to enable a 
    qualified current employee with a disability to perform 
    the essential functions of the position held by that 
    employee, (iii) to enable a qualified current employee 
    with a disability to enjoy equal benefits and privileges 
    of employment as are enjoyed by its other similarly 
    situated employees without disabilities, and (iv) that 
    allow a customer, client, claimant or member of the public 
    seeking State services full use and enjoyment of and 
    access to its programs, services, or benefits. 
        For purposes of this paragraph (19):
        "Assistive technology devices" means any item, piece 
    of equipment, or product system, whether acquired 
    commercially off the shelf, modified, or customized, that 
    is used to increase, maintain, or improve functional 
    capabilities of individuals with disabilities.
        "Assistive technology services" means any service that 
    directly assists an individual with a disability in 
    selection, acquisition, or use of an assistive technology 
    device.
        "Qualified" has the same meaning and use as provided 
under the federal Americans with Disabilities Act when 
describing an individual with a disability. 
    Notwithstanding any other provision of law, for contracts 
entered into on or after October 1, 2017 under an exemption 
provided in any paragraph of this subsection (b), except 
paragraph (1), (2), or (5), each State agency shall post to the 
appropriate procurement bulletin the name of the contractor, a 
description of the supply or service provided, the total 
amount of the contract, the term of the contract, and the 
exception to the Code utilized. The chief procurement officer 
shall submit a report to the Governor and General Assembly no 
later than November 1 of each year that shall include, at a 
minimum, an annual summary of the monthly information reported 
to the chief procurement officer. 
    (c) This Code does  not apply to the electric power 
procurement process provided for under Section 1-75 of the 
Illinois Power Agency Act and Section 16-111.5 of the Public 
Utilities Act.
    (d) Except for Section 20-160 and Article 50 of this Code, 
and as expressly required by Section 9.1 of the Illinois 
Lottery Law, the provisions of this Code do not apply to the 
procurement process provided for under Section 9.1 of the 
Illinois Lottery Law. 
    (e) This Code does not apply to the process used by the 
Capital Development Board to retain a person or entity to 
assist the Capital Development Board with its duties related 
to the determination of costs of a clean coal SNG brownfield 
facility, as defined by Section 1-10 of the Illinois Power 
Agency Act, as required in subsection (h-3) of Section 9-220 
of the Public Utilities Act,  including calculating the range 
of capital costs, the range of operating and maintenance 
costs, or the sequestration costs or monitoring the 
construction of clean coal SNG brownfield facility for the 
full duration of construction.
    (f) (Blank). 
    (g) (Blank).
    (h) This Code does not apply to the process to procure or 
contracts entered into in accordance with Sections 11-5.2 and 
11-5.3 of the Illinois Public Aid Code. 
    (i) Each chief procurement officer may access records 
necessary to review whether a contract, purchase, or other 
expenditure is or is not subject to the provisions of this 
Code, unless such records would be subject to attorney-client 
privilege. 
    (j) This Code does not apply to the process used by the 
Capital Development Board to retain an artist or work or works 
of art as required in Section 14 of the Capital Development 
Board Act. 
    (k) This Code does not apply to the process to procure 
contracts, or contracts entered into, by the State Board of 
Elections or the State Electoral Board for hearing officers 
appointed pursuant to the Election Code. 
    (l) This Code does not apply to the processes used by the 
Illinois Student Assistance Commission to procure supplies and 
services paid for from the private funds of the Illinois 
Prepaid Tuition Fund. As used in this subsection (l), "private 
funds" means funds derived from deposits paid into the 
Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; 
100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. 
6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised 
9-17-19.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.