Full Text of HB4568 97th General Assembly
HB4568 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4568 Introduced 2/1/2012, by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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30 ILCS 500/1-10 |
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30 ILCS 500/10-15 |
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Amends the Illinois Procurement Code. Provides that the procurement compliance monitors and each chief procurement officer may access and review records necessary to determine whether a contract, purchase, or other expenditure is or is not subject to the provisions of the Code. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 Sections 1-10 and 10-15 as follows:
| 6 | | (30 ILCS 500/1-10)
| 7 | | Sec. 1-10. Application.
| 8 | | (a) This Code applies only to procurements for which | 9 | | contractors were first
solicited on or after July 1, 1998. This | 10 | | Code shall not be construed to affect
or impair any contract, | 11 | | or any provision of a contract, entered into based on a
| 12 | | solicitation prior to the implementation date of this Code as | 13 | | described in
Article 99, including but not limited to any | 14 | | covenant entered into with respect
to any revenue bonds or | 15 | | similar instruments.
All procurements for which contracts are | 16 | | solicited between the effective date
of Articles 50 and 99 and | 17 | | July 1, 1998 shall be substantially in accordance
with this | 18 | | Code and its intent.
| 19 | | (b) This Code shall apply regardless of the source of the | 20 | | funds with which
the contracts are paid, including federal | 21 | | assistance moneys.
This Code shall
not apply to:
| 22 | | (1) Contracts between the State and its political | 23 | | subdivisions or other
governments, or between State |
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| 1 | | governmental bodies except as specifically
provided in | 2 | | this Code.
| 3 | | (2) Grants, except for the filing requirements of | 4 | | Section 20-80.
| 5 | | (3) Purchase of care.
| 6 | | (4) Hiring of an individual as employee and not as an | 7 | | independent
contractor, whether pursuant to an employment | 8 | | code or policy or by contract
directly with that | 9 | | individual.
| 10 | | (5) Collective bargaining contracts.
| 11 | | (6) Purchase of real estate, except that notice of this | 12 | | type of contract with a value of more than $25,000 must be | 13 | | published in the Procurement Bulletin within 7 days after | 14 | | the deed is recorded in the county of jurisdiction. The | 15 | | notice shall identify the real estate purchased, the names | 16 | | of all parties to the contract, the value of the contract, | 17 | | and the effective date of the contract.
| 18 | | (7) Contracts necessary to prepare for anticipated | 19 | | litigation, enforcement
actions, or investigations, | 20 | | provided
that the chief legal counsel to the Governor shall | 21 | | give his or her prior
approval when the procuring agency is | 22 | | one subject to the jurisdiction of the
Governor, and | 23 | | provided that the chief legal counsel of any other | 24 | | procuring
entity
subject to this Code shall give his or her | 25 | | prior approval when the procuring
entity is not one subject | 26 | | to the jurisdiction of the Governor.
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| 1 | | (8) Contracts for
services to Northern Illinois | 2 | | University by a person, acting as
an independent | 3 | | contractor, who is qualified by education, experience, and
| 4 | | technical ability and is selected by negotiation for the | 5 | | purpose of providing
non-credit educational service | 6 | | activities or products by means of specialized
programs | 7 | | offered by the university.
| 8 | | (9) Procurement expenditures by the Illinois | 9 | | Conservation Foundation
when only private funds are used.
| 10 | | (10) Procurement expenditures by the Illinois Health | 11 | | Information Exchange Authority involving private funds | 12 | | from the Health Information Exchange Fund. "Private funds" | 13 | | means gifts, donations, and private grants. | 14 | | (11) Public-private agreements entered into according | 15 | | to the procurement requirements of Section 20 of the | 16 | | Public-Private Partnerships for Transportation Act and | 17 | | design-build agreements entered into according to the | 18 | | procurement requirements of Section 25 of the | 19 | | Public-Private Partnerships for Transportation Act. | 20 | | (c) This Code does not apply to the electric power | 21 | | procurement process provided for under Section 1-75 of the | 22 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 23 | | Utilities Act. | 24 | | (d) Except for Section 20-160 and Article 50 of this Code, | 25 | | and as expressly required by Section 9.1 of the Illinois | 26 | | Lottery Law, the provisions of this Code do not apply to the |
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| 1 | | procurement process provided for under Section 9.1 of the | 2 | | Illinois Lottery Law. | 3 | | (e) This Code does not apply to the process used by the | 4 | | Capital Development Board to retain a person or entity to | 5 | | assist the Capital Development Board with its duties related to | 6 | | the determination of costs of a clean coal SNG brownfield | 7 | | facility, as defined by Section 1-10 of the Illinois Power | 8 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 9 | | the Public Utilities Act, including calculating the range of | 10 | | capital costs, the range of operating and maintenance costs, or | 11 | | the sequestration costs or monitoring the construction of clean | 12 | | coal SNG brownfield facility for the full duration of | 13 | | construction. | 14 | | (f) This Code does not apply to the process used by the | 15 | | Illinois Power Agency to retain a mediator to mediate sourcing | 16 | | agreement disputes between gas utilities and the clean coal SNG | 17 | | brownfield facility, as defined in Section 1-10 of the Illinois | 18 | | Power Agency Act, as required under subsection (h-1) of Section | 19 | | 9-220 of the Public Utilities Act. | 20 | | (g) (e) This Code does not apply to the processes used by | 21 | | the Illinois Power Agency to retain a mediator to mediate | 22 | | contract disputes between gas utilities and the clean coal SNG | 23 | | facility and to retain an expert to assist in the review of | 24 | | contracts under subsection (h) of Section 9-220 of the Public | 25 | | Utilities Act. This Code does not apply to the process used by | 26 | | the Illinois Commerce Commission to retain an expert to assist |
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| 1 | | in determining the actual incurred costs of the clean coal SNG | 2 | | facility and the reasonableness of those costs as required | 3 | | under subsection (h) of Section 9-220 of the Public Utilities | 4 | | Act. | 5 | | (h) Each chief procurement officer may access and review | 6 | | records necessary to determine whether a contract, purchase, or | 7 | | other expenditure is or is not subject to the provisions of | 8 | | this Code. | 9 | | (Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10; | 10 | | 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11; | 11 | | revised 9-7-11.)
| 12 | | (30 ILCS 500/10-15)
| 13 | | Sec. 10-15. Procurement compliance monitors. | 14 | | (a) The Executive Ethics Commission shall appoint | 15 | | procurement compliance monitors to oversee and review the | 16 | | procurement processes. Each procurement compliance monitor | 17 | | shall serve a term of 5 years beginning on the date of the | 18 | | officer's appointment. Each procurement compliance monitor | 19 | | shall have an office located in the State agency that the | 20 | | monitor serves but shall report to the appropriate chief | 21 | | procurement officer. The compliance monitor shall have direct | 22 | | communications with the executive officer of a State agency in | 23 | | exercising duties. A procurement compliance monitor may be | 24 | | removed only for cause after a hearing by the Executive Ethics | 25 | | Commission. The appropriate chief procurement officer or |
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| 1 | | executive officer of the State agency housing the procurement | 2 | | compliance monitor may institute a complaint against the | 3 | | procurement compliance monitor with the Commission and the | 4 | | Commission shall hold a public hearing based on the complaint. | 5 | | The procurement compliance monitor, State purchasing officer, | 6 | | appropriate chief procurement officer, and executive officer | 7 | | of the State agency shall receive notice of the hearing and | 8 | | shall be permitted to present their respective arguments on the | 9 | | complaint. After the hearing, the Commission shall determine | 10 | | whether the procurement compliance monitor shall be removed. | 11 | | The salary of a procurement compliance monitor shall be | 12 | | established by the Executive Ethics Commission and may not be | 13 | | diminished during the officer's term. | 14 | | (b) The procurement compliance monitor may: (i) review each | 15 | | contract or contract amendment prior to execution to ensure | 16 | | that applicable procurement and contracting standards were | 17 | | followed; (ii) attend any procurement meetings; (iii) access | 18 | | any records or files related to procurement; (iv) issue reports | 19 | | to the chief procurement officer on procurement issues that | 20 | | present issues or that have not been corrected after | 21 | | consultation with appropriate State officials; (v) ensure the | 22 | | State agency is maintaining appropriate records; and (vi) | 23 | | ensure transparency of the procurement process ; and (vii) | 24 | | access and review records necessary to determine whether a | 25 | | contract, purchase, or other expenditure is or is not subject | 26 | | to the provisions of this Code . |
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| 1 | | (c) If the procurement compliance monitor is aware of | 2 | | misconduct, waste, or inefficiency with respect to State | 3 | | procurement, the procurement compliance monitor shall advise | 4 | | the State agency of the issue. If the State agency does not | 5 | | correct the issue, the monitor shall report the problem to the | 6 | | chief procurement officer and Inspector General.
| 7 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 8 | | for the effective date of changes made by P.A. 96-795) .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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