Full Text of HB2606 101st General Assembly
HB2606ham001 101ST GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 3/14/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2606
| 2 | | AMENDMENT NO. ______. Amend House Bill 2606 as follows:
| 3 | | on page 1, immediately below line 3, by inserting the | 4 | | following: | 5 | | "Section 3. The Illinois Procurement Code is amended by | 6 | | changing Section 1-10 as follows:
| 7 | | (30 ILCS 500/1-10)
| 8 | | Sec. 1-10. Application.
| 9 | | (a) This Code applies only to procurements for which | 10 | | bidders, offerors, potential contractors, or contractors were | 11 | | first
solicited on or after July 1, 1998. This Code shall not | 12 | | be construed to affect
or impair any contract, or any provision | 13 | | of a contract, entered into based on a
solicitation prior to | 14 | | the implementation date of this Code as described in
Article | 15 | | 99, including but not limited to any covenant entered into with |
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| 1 | | respect
to any revenue bonds or similar instruments.
All | 2 | | procurements for which contracts are solicited between the | 3 | | effective date
of Articles 50 and 99 and July 1, 1998 shall be | 4 | | substantially in accordance
with this Code and its intent.
| 5 | | (b) This Code shall apply regardless of the source of the | 6 | | funds with which
the contracts are paid, including federal | 7 | | assistance moneys. This
Code shall
not apply to:
| 8 | | (1) Contracts between the State and its political | 9 | | subdivisions or other
governments, or between State | 10 | | governmental bodies, except as specifically provided in | 11 | | this Code.
| 12 | | (2) Grants, except for the filing requirements of | 13 | | Section 20-80.
| 14 | | (3) Purchase of care, except as provided in Section | 15 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
| 16 | | (4) Hiring of an individual as employee and not as an | 17 | | independent
contractor, whether pursuant to an employment | 18 | | code or policy or by contract
directly with that | 19 | | individual.
| 20 | | (5) Collective bargaining contracts.
| 21 | | (6) Purchase of real estate, except that notice of this | 22 | | type of contract with a value of more than $25,000 must be | 23 | | published in the Procurement Bulletin within 10 calendar | 24 | | days after the deed is recorded in the county of | 25 | | jurisdiction. The notice shall identify the real estate | 26 | | purchased, the names of all parties to the contract, the |
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| 1 | | value of the contract, and the effective date of the | 2 | | contract.
| 3 | | (7) Contracts necessary to prepare for anticipated | 4 | | litigation, enforcement
actions, or investigations, | 5 | | provided
that the chief legal counsel to the Governor shall | 6 | | give his or her prior
approval when the procuring agency is | 7 | | one subject to the jurisdiction of the
Governor, and | 8 | | provided that the chief legal counsel of any other | 9 | | procuring
entity
subject to this Code shall give his or her | 10 | | prior approval when the procuring
entity is not one subject | 11 | | to the jurisdiction of the Governor.
| 12 | | (8) (Blank).
| 13 | | (9) Procurement expenditures by the Illinois | 14 | | Conservation Foundation
when only private funds are used.
| 15 | | (10) (Blank). | 16 | | (11) Public-private agreements entered into according | 17 | | to the procurement requirements of Section 20 of the | 18 | | Public-Private Partnerships for Transportation Act and | 19 | | design-build agreements entered into according to the | 20 | | procurement requirements of Section 25 of the | 21 | | Public-Private Partnerships for Transportation Act. | 22 | | (11.5) Public-private partnership agreements entered | 23 | | into by the Board of Trustees of the Illinois Mathematics | 24 | | and Science Academy with private entities for purposes | 25 | | relating to or affecting education in the school. | 26 | | (12) Contracts for legal, financial, and other |
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| 1 | | professional and artistic services entered into on or | 2 | | before December 31, 2018 by the Illinois Finance Authority | 3 | | in which the State of Illinois is not obligated. Such | 4 | | contracts shall be awarded through a competitive process | 5 | | authorized by the Board of the Illinois Finance Authority | 6 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | 7 | | 50-35, and 50-37 of this Code, as well as the final | 8 | | approval by the Board of the Illinois Finance Authority of | 9 | | the terms of the contract. | 10 | | (13) Contracts for services, commodities, and | 11 | | equipment to support the delivery of timely forensic | 12 | | science services in consultation with and subject to the | 13 | | approval of the Chief Procurement Officer as provided in | 14 | | subsection (d) of Section 5-4-3a of the Unified Code of | 15 | | Corrections, except for the requirements of Sections | 16 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 17 | | Code; however, the Chief Procurement Officer may, in | 18 | | writing with justification, waive any certification | 19 | | required under Article 50 of this Code. For any contracts | 20 | | for services which are currently provided by members of a | 21 | | collective bargaining agreement, the applicable terms of | 22 | | the collective bargaining agreement concerning | 23 | | subcontracting shall be followed. | 24 | | On and after January 1, 2019, this paragraph (13), | 25 | | except for this sentence, is inoperative. | 26 | | (14) Contracts for participation expenditures required |
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| 1 | | by a domestic or international trade show or exhibition of | 2 | | an exhibitor, member, or sponsor. | 3 | | (15) Contracts with a railroad or utility that requires | 4 | | the State to reimburse the railroad or utilities for the | 5 | | relocation of utilities for construction or other public | 6 | | purpose. Contracts included within this paragraph (15) | 7 | | shall include, but not be limited to, those associated | 8 | | with: relocations, crossings, installations, and | 9 | | maintenance. For the purposes of this paragraph (15), | 10 | | "railroad" means any form of non-highway ground | 11 | | transportation that runs on rails or electromagnetic | 12 | | guideways and "utility" means: (1) public utilities as | 13 | | defined in Section 3-105 of the Public Utilities Act, (2) | 14 | | telecommunications carriers as defined in Section 13-202 | 15 | | of the Public Utilities Act, (3) electric cooperatives as | 16 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 17 | | telephone or telecommunications cooperatives as defined in | 18 | | Section 13-212 of the Public Utilities Act, (5) rural water | 19 | | or waste water systems with 10,000 connections or less, (6) | 20 | | a holder as defined in Section 21-201 of the Public | 21 | | Utilities Act, and (7) municipalities owning or operating | 22 | | utility systems consisting of public utilities as that term | 23 | | is defined in Section 11-117-2 of the Illinois Municipal | 24 | | Code. | 25 | | (16) Procurement expenditures necessary for the | 26 | | Department of Public Health to provide the delivery of |
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| 1 | | timely newborn screening services in accordance with the | 2 | | Newborn Metabolic Screening Act. | 3 | | (17) (16) Procurement expenditures necessary for the | 4 | | Department of Agriculture, the Department of Financial and | 5 | | Professional Regulation, the Department of Human Services, | 6 | | and the Department of Public Health to implement the | 7 | | Compassionate Use of Medical Cannabis Pilot Program and | 8 | | Opioid Alternative Pilot Program requirements and ensure | 9 | | access to medical cannabis for patients with debilitating | 10 | | medical conditions in accordance with the Compassionate | 11 | | Use of Medical Cannabis Pilot Program Act. | 12 | | Notwithstanding any other provision of law, for contracts | 13 | | entered into on or after October 1, 2017 under an exemption | 14 | | provided in any paragraph of this subsection (b), except | 15 | | paragraph (1), (2), or (5), each State agency shall post to the | 16 | | appropriate procurement bulletin the name of the contractor, a | 17 | | description of the supply or service provided, the total amount | 18 | | of the contract, the term of the contract, and the exception to | 19 | | the Code utilized. The chief procurement officer shall submit a | 20 | | report to the Governor and General Assembly no later than | 21 | | November 1 of each year that shall include, at a minimum, an | 22 | | annual summary of the monthly information reported to the chief | 23 | | procurement officer. | 24 | | (c) This Code does not apply to the electric power | 25 | | procurement process provided for under Section 1-75 of the | 26 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
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| 1 | | Utilities Act. | 2 | | (d) Except for Section 20-160 and Article 50 of this Code, | 3 | | and as expressly required by Section 9.1 of the Illinois | 4 | | Lottery Law, the provisions of this Code do not apply to the | 5 | | procurement process provided for under Section 9.1 of the | 6 | | Illinois Lottery Law. | 7 | | (e) This Code does not apply to the process used by the | 8 | | Capital Development Board to retain a person or entity to | 9 | | assist the Capital Development Board with its duties related to | 10 | | the determination of costs of a clean coal SNG brownfield | 11 | | facility, as defined by Section 1-10 of the Illinois Power | 12 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 13 | | the Public Utilities Act, including calculating the range of | 14 | | capital costs, the range of operating and maintenance costs, or | 15 | | the sequestration costs or monitoring the construction of clean | 16 | | coal SNG brownfield facility for the full duration of | 17 | | construction. | 18 | | (f) (Blank). | 19 | | (g) (Blank). | 20 | | (h) This Code does not apply to the process to procure or | 21 | | contracts entered into in accordance with Sections 11-5.2 and | 22 | | 11-5.3 of the Illinois Public Aid Code. | 23 | | (i) Each chief procurement officer may access records | 24 | | necessary to review whether a contract, purchase, or other | 25 | | expenditure is or is not subject to the provisions of this | 26 | | Code, unless such records would be subject to attorney-client |
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| 1 | | privilege. | 2 | | (j) This Code does not apply to the process used by the | 3 | | Capital Development Board to retain an artist or work or works | 4 | | of art as required in Section 14 of the Capital Development | 5 | | Board Act. | 6 | | (k) This Code does not apply to the process to procure | 7 | | contracts, or contracts entered into, by the State Board of | 8 | | Elections or the State Electoral Board for hearing officers | 9 | | appointed pursuant to the Election Code. | 10 | | (l) This Code does not apply to the processes used by the | 11 | | Illinois Student Assistance Commission to procure supplies and | 12 | | services paid for from the private funds of the Illinois | 13 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 14 | | funds" means funds derived from deposits paid into the Illinois | 15 | | Prepaid Tuition Trust Fund and the earnings thereon. | 16 | | (Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17; | 17 | | 100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff. | 18 | | 8-28-18; revised 10-18-18.)".
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