SB1561 EngrossedLRB098 10284 HLH 40467 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
9contractors were first solicited on or after July 1, 1998. This
10Code shall not be construed to affect or impair any contract,
11or any provision of a contract, entered into based on a
12solicitation prior to the implementation date of this Code as
13described in Article 99, including but not limited to any
14covenant entered into with respect to any revenue bonds or
15similar instruments. All procurements for which contracts are
16solicited between the effective date of Articles 50 and 99 and
17July 1, 1998 shall be substantially in accordance with this
18Code and its intent.
19    (b) This Code shall apply regardless of the source of the
20funds with which the contracts are paid, including federal
21assistance 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        (12) Contracts between the Department of Agriculture
21    and a non-profit service organization for the purpose of
22    providing goods or services on the Illinois State
23    Fairgrounds during the Illinois State Fair or on the
24    DuQuoin State Fairgrounds during the DuQuoin State Fair. As
25    used in this item (12), "service organization" means a
26    veterans organization, as defined in item (10) of



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1    subsection (b) of Section 3 of the Solicitation for Charity
2    Act, or a voluntary club or group that is organized for a
3    charitable purpose, for the purpose of making
4    contributions to a charitable organization, or both. As
5    used in this item (12), the terms "charitable purpose",
6    "charitable organization", and "contribution" have the
7    meanings ascribed to those terms in the Solicitation for
8    Charity Act; provided that an entity that would qualify as
9    a charitable organization under the Solicitation for
10    Charity Act but for an exemption granted under Section 3 of
11    that Act is considered a charitable organization for the
12    purposes of this item (12).
13    (c) This Code does not apply to the electric power
14procurement process provided for under Section 1-75 of the
15Illinois Power Agency Act and Section 16-111.5 of the Public
16Utilities Act.
17    (d) Except for Section 20-160 and Article 50 of this Code,
18and as expressly required by Section 9.1 of the Illinois
19Lottery Law, the provisions of this Code do not apply to the
20procurement process provided for under Section 9.1 of the
21Illinois Lottery Law.
22    (e) This Code does not apply to the process used by the
23Capital Development Board to retain a person or entity to
24assist the Capital Development Board with its duties related to
25the determination of costs of a clean coal SNG brownfield
26facility, as defined by Section 1-10 of the Illinois Power



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1Agency Act, as required in subsection (h-3) of Section 9-220 of
2the Public Utilities Act, including calculating the range of
3capital costs, the range of operating and maintenance costs, or
4the sequestration costs or monitoring the construction of clean
5coal SNG brownfield facility for the full duration of
7    (f) This Code does not apply to the process used by the
8Illinois Power Agency to retain a mediator to mediate sourcing
9agreement disputes between gas utilities and the clean coal SNG
10brownfield facility, as defined in Section 1-10 of the Illinois
11Power Agency Act, as required under subsection (h-1) of Section
129-220 of the Public Utilities Act.
13    (g) This Code does not apply to the processes used by the
14Illinois Power Agency to retain a mediator to mediate contract
15disputes between gas utilities and the clean coal SNG facility
16and to retain an expert to assist in the review of contracts
17under subsection (h) of Section 9-220 of the Public Utilities
18Act. This Code does not apply to the process used by the
19Illinois Commerce Commission to retain an expert to assist in
20determining the actual incurred costs of the clean coal SNG
21facility and the reasonableness of those costs as required
22under subsection (h) of Section 9-220 of the Public Utilities
24    (h) This Code does not apply to the process to procure or
25contracts entered into in accordance with Sections 11-5.2 and
2611-5.3 of the Illinois Public Aid Code.



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1    (i) (h) Each chief procurement officer may access records
2necessary to review whether a contract, purchase, or other
3expenditure is or is not subject to the provisions of this
4Code, unless such records would be subject to attorney-client
6(Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10;
797-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11;
897-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff.
98-3-12; revised 8-23-12.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.