Rep. Gregory Harris

Filed: 5/23/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1446 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 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



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1effective date of Articles 50 and 99 and July 1, 1998 shall be
2substantially in accordance with this Code and its intent.
3    (b) This Code shall apply regardless of the source of the
4funds with which the contracts are paid, including federal
5assistance moneys. This Code shall not apply to:
6        (1) Contracts between the State and its political
7    subdivisions or other governments, or between State
8    governmental bodies except as specifically provided in
9    this Code.
10        (2) Grants, except for the filing requirements of
11    Section 20-80.
12        (3) Purchase of care, except as provided in Section
13    5-30.1 of the Illinois Public Aid Code and this Section.
14        (4) Hiring of an individual as employee and not as an
15    independent contractor, whether pursuant to an employment
16    code or policy or by contract directly with that
17    individual.
18        (5) Collective bargaining contracts.
19        (6) Purchase of real estate, except that notice of this
20    type of contract with a value of more than $25,000 must be
21    published in the Procurement Bulletin within 10 calendar
22    days after the deed is recorded in the county of
23    jurisdiction. The notice shall identify the real estate
24    purchased, the names of all parties to the contract, the
25    value of the contract, and the effective date of the
26    contract.



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1        (7) Contracts necessary to prepare for anticipated
2    litigation, enforcement actions, or investigations,
3    provided that the chief legal counsel to the Governor shall
4    give his or her prior approval when the procuring agency is
5    one subject to the jurisdiction of the Governor, and
6    provided that the chief legal counsel of any other
7    procuring entity subject to this Code shall give his or her
8    prior approval when the procuring entity is not one subject
9    to the jurisdiction of the Governor.
10        (8) Contracts for services to Northern Illinois
11    University by a person, acting as an independent
12    contractor, who is qualified by education, experience, and
13    technical ability and is selected by negotiation for the
14    purpose of providing non-credit educational service
15    activities or products by means of specialized programs
16    offered by the university.
17        (9) Procurement expenditures by the Illinois
18    Conservation Foundation when only private funds are used.
19        (10) Procurement expenditures by the Illinois Health
20    Information Exchange Authority involving private funds
21    from the Health Information Exchange Fund. "Private funds"
22    means gifts, donations, and private grants.
23        (11) Public-private agreements entered into according
24    to the procurement requirements of Section 20 of the
25    Public-Private Partnerships for Transportation Act and
26    design-build agreements entered into according to the



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1    procurement requirements of Section 25 of the
2    Public-Private Partnerships for Transportation Act.
3        (12) Contracts for legal, financial, and other
4    professional and artistic services entered into on or
5    before December 31, 2018 by the Illinois Finance Authority
6    in which the State of Illinois is not obligated. Such
7    contracts shall be awarded through a competitive process
8    authorized by the Board of the Illinois Finance Authority
9    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
10    50-35, and 50-37 of this Code, as well as the final
11    approval by the Board of the Illinois Finance Authority of
12    the terms of the contract.
13        (13) The provisions of this paragraph (13), other than
14    this sentence, are inoperative on and after January 1, 2019
15    or 2 years after the effective date of this amendatory Act
16    of the 99th General Assembly, whichever is later. Contracts
17    for services, commodities, and equipment to support the
18    delivery of timely forensic science services in
19    consultation with and subject to the approval of the Chief
20    Procurement Officer as provided in subsection (d) of
21    Section 5-4-3a of the Unified Code of Corrections, except
22    for the requirements of Sections 20-60, 20-65, 20-70, and
23    20-160 and Article 50 of this Code; however, the Chief
24    Procurement Officer may, in writing with justification,
25    waive any certification required under Article 50 of this
26    Code. For any contracts for services which are currently



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1    provided by members of a collective bargaining agreement,
2    the applicable terms of the collective bargaining
3    agreement concerning subcontracting shall be followed.
4    Notwithstanding any other provision of law, contracts
5entered into under item (12) of this subsection (b) shall be
6published in the Procurement Bulletin within 14 calendar days
7after contract execution. The chief procurement officer shall
8prescribe the form and content of the notice. The Illinois
9Finance Authority shall provide the chief procurement officer,
10on a monthly basis, in the form and content prescribed by the
11chief procurement officer, a report of contracts that are
12related to the procurement of goods and services identified in
13item (12) of this subsection (b). At a minimum, this report
14shall include the name of the contractor, a description of the
15supply or service provided, the total amount of the contract,
16the term of the contract, and the exception to the Code
17utilized. A copy of each of these contracts shall be made
18available to the chief procurement officer immediately upon
19request. The chief procurement officer shall submit a report to
20the Governor and General Assembly no later than November 1 of
21each year that shall include, at a minimum, an annual summary
22of the monthly information reported to the chief procurement
24    The chief procurement officer appointed under paragraph
25(4) of subsection (a) of Section 10-20 of this Code shall have
26the authority to void any contract entered into in violation of



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1subsection (h) of Section 5-30.1 of the Illinois Public Aid
2Code. This amendatory Act of the 100th General Assembly is
3declarative of existing law, and is intended to remove any
4possible conflicts or ambiguities.
5    (c) This Code does not apply to the electric power
6procurement process provided for under Section 1-75 of the
7Illinois Power Agency Act and Section 16-111.5 of the Public
8Utilities Act.
9    (d) Except for Section 20-160 and Article 50 of this Code,
10and as expressly required by Section 9.1 of the Illinois
11Lottery Law, the provisions of this Code do not apply to the
12procurement process provided for under Section 9.1 of the
13Illinois Lottery Law.
14    (e) This Code does not apply to the process used by the
15Capital Development Board to retain a person or entity to
16assist the Capital Development Board with its duties related to
17the determination of costs of a clean coal SNG brownfield
18facility, as defined by Section 1-10 of the Illinois Power
19Agency Act, as required in subsection (h-3) of Section 9-220 of
20the Public Utilities Act, including calculating the range of
21capital costs, the range of operating and maintenance costs, or
22the sequestration costs or monitoring the construction of clean
23coal SNG brownfield facility for the full duration of
25    (f) This Code does not apply to the process used by the
26Illinois Power Agency to retain a mediator to mediate sourcing



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1agreement disputes between gas utilities and the clean coal SNG
2brownfield facility, as defined in Section 1-10 of the Illinois
3Power Agency Act, as required under subsection (h-1) of Section
49-220 of the Public Utilities Act.
5    (g) This Code does not apply to the processes used by the
6Illinois Power Agency to retain a mediator to mediate contract
7disputes between gas utilities and the clean coal SNG facility
8and to retain an expert to assist in the review of contracts
9under subsection (h) of Section 9-220 of the Public Utilities
10Act. This Code does not apply to the process used by the
11Illinois Commerce Commission to retain an expert to assist in
12determining the actual incurred costs of the clean coal SNG
13facility and the reasonableness of those costs as required
14under subsection (h) of Section 9-220 of the Public Utilities
16    (h) This Code does not apply to the process to procure or
17contracts entered into in accordance with Sections 11-5.2 and
1811-5.3 of the Illinois Public Aid Code.
19    (i) Each chief procurement officer may access records
20necessary to review whether a contract, purchase, or other
21expenditure is or is not subject to the provisions of this
22Code, unless such records would be subject to attorney-client
24    (j) This Code does not apply to the process used by the
25Capital Development Board to retain an artist or work or works
26of art as required in Section 14 of the Capital Development



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1Board Act.
2    (k) This Code does not apply to the process to procure
3contracts, or contracts entered into, by the State Board of
4Elections or the State Electoral Board for hearing officers
5appointed pursuant to the Election Code.
6(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
798-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
81-1-15; 99-801, eff. 1-1-17.)
9    Section 10. The Illinois Public Aid Code is amended by
10adding Section 5-30.6 as follows:
11    (305 ILCS 5/5-30.6 new)
12    Sec. 5-30.6. Managed care organization contracts;
13procurement requirement. Any contract the Department enters
14into with a managed care organization as defined in Section
155-30.1 shall be procured in accordance with the Illinois
16Procurement Code.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".