Public Act 93-0656

HB0940 Enrolled                      LRB093 05767 RCE 05860 b

    AN ACT concerning public works contracts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.  This  Act may be cited as the
Public Works Contract Change Order Act.

    Section 5.  Change orders; bidding.  If  a  change  order
for  any  public works contract (i) is entered into by a unit
of local government or school district, (ii) is not  procured
in  accordance  with  the  Illinois  Procurement Code and the
State Finance Act, and (iii) authorizes or  necessitates  any
increase  in  the  contract  price that is 50% or more of the
original contract price, then portion of the contract that is
covered by the change order must be resubmitted  for  bidding
in  the  same manner for which the original contract was bid.
Bidding for the portion of the contract covered by the change
order is subject to any requirements to  employ  females  and
minorities  on  the  public works project that existed at the
bidding for the original contract, together  with  any  later
requirements imposed by law.

    Section  10.  Home  rule.   A  home  rule  unit  may  not
regulate  its  public  works  contracts  in  a manner that is
inconsistent with this Act.  This Section is a limitation  of
home rule powers under subsection (i) of Section 6 of Article
VII of the Illinois Constitution.

    Section  15.   Mandates.   This  Act  is  exempt from the
reimbursement requirements of the State Mandates Act.

    Section 90.  The State Mandates Act is amended by  adding
Section 8.27 as follows:
    (30 ILCS 805/8.27 new)
    Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is  required
for  the  implementation of any mandate created by the Public
Works Contract Change Order Act.