Illinois General Assembly - Full Text of SB2099
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Full Text of SB2099  101st General Assembly




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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
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
17effective date of Articles 50 and 99 and July 1, 1998 shall be
18substantially in accordance with this Code 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, except as provided in Section
6    5-30.6 of the Illinois Public Aid Code and this Section.
7        (4) Hiring of an individual as employee and not as an
8    independent contractor, whether pursuant to an employment
9    code or policy or by contract directly with that
10    individual.
11        (5) Collective bargaining contracts.
12        (6) Purchase of real estate, except that notice of this
13    type of contract with a value of more than $25,000 must be
14    published in the Procurement Bulletin within 10 calendar
15    days after the deed is recorded in the county of
16    jurisdiction. The notice shall identify the real estate
17    purchased, the names of all parties to the contract, the
18    value of the contract, and the effective date of the
19    contract.
20        (7) Contracts necessary to prepare for anticipated
21    litigation, enforcement actions, or investigations,
22    provided that the chief legal counsel to the Governor shall
23    give his or her prior approval when the procuring agency is
24    one subject to the jurisdiction of the Governor, and
25    provided that the chief legal counsel of any other
26    procuring entity subject to this Code shall give his or her



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1    prior approval when the procuring entity is not one subject
2    to the jurisdiction of the Governor.
3        (8) (Blank).
4        (9) Procurement expenditures by the Illinois
5    Conservation Foundation when only private funds are used.
6        (10) (Blank).
7        (11) Public-private agreements entered into according
8    to the procurement requirements of Section 20 of the
9    Public-Private Partnerships for Transportation Act and
10    design-build agreements entered into according to the
11    procurement requirements of Section 25 of the
12    Public-Private Partnerships for Transportation Act.
13        (12) Contracts for legal, financial, and other
14    professional and artistic services entered into on or
15    before December 31, 2018 by the Illinois Finance Authority
16    in which the State of Illinois is not obligated. Such
17    contracts shall be awarded through a competitive process
18    authorized by the Board of the Illinois Finance Authority
19    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
20    50-35, and 50-37 of this Code, as well as the final
21    approval by the Board of the Illinois Finance Authority of
22    the terms of the contract.
23        (13) Contracts for services, commodities, and
24    equipment to support the delivery of timely forensic
25    science services in consultation with and subject to the
26    approval of the Chief Procurement Officer as provided in



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1    subsection (d) of Section 5-4-3a of the Unified Code of
2    Corrections, except for the requirements of Sections
3    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
4    Code; however, the Chief Procurement Officer may, in
5    writing with justification, waive any certification
6    required under Article 50 of this Code. For any contracts
7    for services which are currently provided by members of a
8    collective bargaining agreement, the applicable terms of
9    the collective bargaining agreement concerning
10    subcontracting shall be followed.
11        On and after January 1, 2019, this paragraph (13),
12    except for this sentence, is inoperative.
13        (14) Contracts for participation expenditures required
14    by a domestic or international trade show or exhibition of
15    an exhibitor, member, or sponsor.
16        (15) Contracts with a railroad or utility that requires
17    the State to reimburse the railroad or utilities for the
18    relocation of utilities for construction or other public
19    purpose. Contracts included within this paragraph (15)
20    shall include, but not be limited to, those associated
21    with: relocations, crossings, installations, and
22    maintenance. For the purposes of this paragraph (15),
23    "railroad" means any form of non-highway ground
24    transportation that runs on rails or electromagnetic
25    guideways and "utility" means: (1) public utilities as
26    defined in Section 3-105 of the Public Utilities Act, (2)



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1    telecommunications carriers as defined in Section 13-202
2    of the Public Utilities Act, (3) electric cooperatives as
3    defined in Section 3.4 of the Electric Supplier Act, (4)
4    telephone or telecommunications cooperatives as defined in
5    Section 13-212 of the Public Utilities Act, (5) rural water
6    or waste water systems with 10,000 connections or less, (6)
7    a holder as defined in Section 21-201 of the Public
8    Utilities Act, and (7) municipalities owning or operating
9    utility systems consisting of public utilities as that term
10    is defined in Section 11-117-2 of the Illinois Municipal
11    Code.
12        (16) Procurement expenditures necessary for the
13    Department of Public Health to provide the delivery of
14    timely newborn screening services in accordance with the
15    Newborn Metabolic Screening Act.
16        (17) (16) Procurement expenditures necessary for the
17    Department of Agriculture, the Department of Financial and
18    Professional Regulation, the Department of Human Services,
19    and the Department of Public Health to implement the
20    Compassionate Use of Medical Cannabis Pilot Program and
21    Opioid Alternative Pilot Program requirements and ensure
22    access to medical cannabis for patients with debilitating
23    medical conditions in accordance with the Compassionate
24    Use of Medical Cannabis Pilot Program Act.
25        (18) Contracts entered into prior to July 1, 2022 by a
26    State agency, or by multiple State agencies under the



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1    Governmental Joint Purchasing Act, for the single
2    integrated tax processing system currently in use by the
3    Department of Revenue on the effective date of this
4    amendatory Act of the 101st General Assembly.
5    Notwithstanding any other provision of law, for contracts
6entered into on or after October 1, 2017 under an exemption
7provided in any paragraph of this subsection (b), except
8paragraph (1), (2), or (5), each State agency shall post to the
9appropriate procurement bulletin the name of the contractor, a
10description of the supply or service provided, the total amount
11of the contract, the term of the contract, and the exception to
12the Code utilized. The chief procurement officer shall submit a
13report to the Governor and General Assembly no later than
14November 1 of each year that shall include, at a minimum, an
15annual summary of the monthly information reported to the chief
16procurement officer.
17    (c) This Code does not apply to the electric power
18procurement process provided for under Section 1-75 of the
19Illinois Power Agency Act and Section 16-111.5 of the Public
20Utilities Act.
21    (d) Except for Section 20-160 and Article 50 of this Code,
22and as expressly required by Section 9.1 of the Illinois
23Lottery Law, the provisions of this Code do not apply to the
24procurement process provided for under Section 9.1 of the
25Illinois Lottery Law.
26    (e) This Code does not apply to the process used by the



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1Capital Development Board to retain a person or entity to
2assist the Capital Development Board with its duties related to
3the determination of costs of a clean coal SNG brownfield
4facility, as defined by Section 1-10 of the Illinois Power
5Agency Act, as required in subsection (h-3) of Section 9-220 of
6the Public Utilities Act, including calculating the range of
7capital costs, the range of operating and maintenance costs, or
8the sequestration costs or monitoring the construction of clean
9coal SNG brownfield facility for the full duration of
11    (f) (Blank).
12    (g) (Blank).
13    (h) This Code does not apply to the process to procure or
14contracts entered into in accordance with Sections 11-5.2 and
1511-5.3 of the Illinois Public Aid Code.
16    (i) Each chief procurement officer may access records
17necessary to review whether a contract, purchase, or other
18expenditure is or is not subject to the provisions of this
19Code, unless such records would be subject to attorney-client
21    (j) This Code does not apply to the process used by the
22Capital Development Board to retain an artist or work or works
23of art as required in Section 14 of the Capital Development
24Board Act.
25    (k) This Code does not apply to the process to procure
26contracts, or contracts entered into, by the State Board of



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1Elections or the State Electoral Board for hearing officers
2appointed pursuant to the Election Code.
3    (l) This Code does not apply to the processes used by the
4Illinois Student Assistance Commission to procure supplies and
5services paid for from the private funds of the Illinois
6Prepaid Tuition Fund. As used in this subsection (l), "private
7funds" means funds derived from deposits paid into the Illinois
8Prepaid Tuition Trust Fund and the earnings thereon.
9(Source: P.A. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17;
10100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff.
118-28-18; revised 10-18-18.)
12    Section 10. The Governmental Joint Purchasing Act is
13amended by adding Section 5.1 as follows:
14    (30 ILCS 525/5.1 new)
15    Sec. 5.1. Department of Revenue software. The provisions of
16this Act do not apply to contracts entered into by multiple
17State agencies for the single integrated tax processing system
18currently in use by the Department of Revenue on the effective
19date of this amendatory Act of the 101st General Assembly. This
20Section is repealed on July 1, 2022.