Full Text of HB3656 102nd General Assembly
HB3656ham001 102ND GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/22/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3656
| 2 | | AMENDMENT NO. ______. Amend House Bill 3656 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing 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 | 9 | | bidders, offerors, potential contractors, or contractors were | 10 | | first
solicited on or after July 1, 1998. This Code shall not | 11 | | be construed to affect
or impair any contract, or any | 12 | | provision of a contract, entered into based on a
solicitation | 13 | | prior to the implementation date of this Code as described in
| 14 | | Article 99, including , but not limited to , any covenant | 15 | | entered into with respect
to any revenue bonds or similar | 16 | | instruments.
All procurements for which contracts are |
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| 1 | | solicited between the effective date
of Articles 50 and 99 and | 2 | | July 1, 1998 shall be substantially in accordance
with this | 3 | | Code and its intent.
| 4 | | (b) This Code shall apply regardless of the source of the | 5 | | funds with which
the contracts are paid, including federal | 6 | | assistance moneys. This
Code shall
not apply to:
| 7 | | (1) Contracts between the State and its political | 8 | | subdivisions or other
governments, or between State | 9 | | governmental bodies, except as specifically provided in | 10 | | this Code.
| 11 | | (2) Grants, except for the filing requirements of | 12 | | Section 20-80.
| 13 | | (3) Purchase of care, except as provided in Section | 14 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
| 15 | | (4) Hiring of an individual as employee and not as an | 16 | | independent
contractor, whether pursuant to an employment | 17 | | code or policy or by contract
directly with that | 18 | | individual.
| 19 | | (5) Collective bargaining contracts.
| 20 | | (6) Purchase of real estate, except that notice of | 21 | | this type of contract with a value of more than $25,000 | 22 | | must be published in the Procurement Bulletin within 10 | 23 | | calendar days after the deed is recorded in the county of | 24 | | jurisdiction. The notice shall identify the real estate | 25 | | purchased, the names of all parties to the contract, the | 26 | | value of the contract, and the effective date of the |
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| 1 | | contract.
| 2 | | (7) Contracts necessary to prepare for anticipated | 3 | | litigation, enforcement
actions, or investigations, | 4 | | provided
that the chief legal counsel to the Governor | 5 | | shall give his or her prior
approval when the procuring | 6 | | agency is one subject to the jurisdiction of the
Governor, | 7 | | and provided that the chief legal counsel of any other | 8 | | procuring
entity
subject to this Code shall give his or | 9 | | her prior approval when the procuring
entity is not one | 10 | | subject to the jurisdiction of the Governor.
| 11 | | (8) (Blank).
| 12 | | (9) Procurement expenditures by the Illinois | 13 | | Conservation Foundation
when only private funds are used.
| 14 | | (10) (Blank). | 15 | | (11) Public-private agreements entered into according | 16 | | to the procurement requirements of Section 20 of the | 17 | | Public-Private Partnerships for Transportation Act and | 18 | | design-build agreements entered into according to the | 19 | | procurement requirements of Section 25 of the | 20 | | Public-Private Partnerships for Transportation Act. | 21 | | (12) Contracts for legal, financial, and other | 22 | | professional and artistic services entered into on or | 23 | | before December 31, 2018 by the Illinois Finance Authority | 24 | | in which the State of Illinois is not obligated. Such | 25 | | contracts shall be awarded through a competitive process | 26 | | authorized by the Board of the Illinois Finance Authority |
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| 1 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | 2 | | 50-35, and 50-37 of this Code, as well as the final | 3 | | approval by the Board of the Illinois Finance Authority of | 4 | | the terms of the contract. | 5 | | (13) Contracts for services, commodities, and | 6 | | equipment to support the delivery of timely forensic | 7 | | science services in consultation with and subject to the | 8 | | approval of the Chief Procurement Officer as provided in | 9 | | subsection (d) of Section 5-4-3a of the Unified Code of | 10 | | Corrections, except for the requirements of Sections | 11 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 12 | | Code; however, the Chief Procurement Officer may, in | 13 | | writing with justification, waive any certification | 14 | | required under Article 50 of this Code. For any contracts | 15 | | for services which are currently provided by members of a | 16 | | collective bargaining agreement, the applicable terms of | 17 | | the collective bargaining agreement concerning | 18 | | subcontracting shall be followed. | 19 | | On and after January 1, 2019, this paragraph (13), | 20 | | except for this sentence, is inoperative. | 21 | | (14) Contracts for participation expenditures required | 22 | | by a domestic or international trade show or exhibition of | 23 | | an exhibitor, member, or sponsor. | 24 | | (15) Contracts with a railroad or utility that | 25 | | requires the State to reimburse the railroad or utilities | 26 | | for the relocation of utilities for construction or other |
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| 1 | | public purpose. Contracts included within this paragraph | 2 | | (15) shall include, but not be limited to, those | 3 | | associated with: relocations, crossings, installations, | 4 | | and maintenance. For the purposes of this paragraph (15), | 5 | | "railroad" means any form of non-highway ground | 6 | | transportation that runs on rails or electromagnetic | 7 | | guideways and "utility" means: (1) public utilities as | 8 | | defined in Section 3-105 of the Public Utilities Act, (2) | 9 | | telecommunications carriers as defined in Section 13-202 | 10 | | of the Public Utilities Act, (3) electric cooperatives as | 11 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 12 | | telephone or telecommunications cooperatives as defined in | 13 | | Section 13-212 of the Public Utilities Act, (5) rural | 14 | | water or waste water systems with 10,000 connections or | 15 | | less, (6) a holder as defined in Section 21-201 of the | 16 | | Public Utilities Act, and (7) municipalities owning or | 17 | | operating utility systems consisting of public utilities | 18 | | as that term is defined in Section 11-117-2 of the | 19 | | Illinois Municipal Code. | 20 | | (16) Procurement expenditures necessary for the | 21 | | Department of Public Health to provide the delivery of | 22 | | timely newborn screening services in accordance with the | 23 | | Newborn Metabolic Screening Act. | 24 | | (17) Procurement expenditures necessary for the | 25 | | Department of Agriculture, the Department of Financial and | 26 | | Professional Regulation, the Department of Human Services, |
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| 1 | | and the Department of Public Health to implement the | 2 | | Compassionate Use of Medical Cannabis Program and Opioid | 3 | | Alternative Pilot Program requirements and ensure access | 4 | | to medical cannabis for patients with debilitating medical | 5 | | conditions in accordance with the Compassionate Use of | 6 | | Medical Cannabis Program Act. | 7 | | (18) This Code does not apply to any procurements | 8 | | necessary for the Department of Agriculture, the | 9 | | Department of Financial and Professional Regulation, the | 10 | | Department of Human Services, the Department of Commerce | 11 | | and Economic Opportunity, and the Department of Public | 12 | | Health to implement the Cannabis Regulation and Tax Act if | 13 | | the applicable agency has made a good faith determination | 14 | | that it is necessary and appropriate for the expenditure | 15 | | to fall within this exemption and if the process is | 16 | | conducted in a manner substantially in accordance with the | 17 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, | 18 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | 19 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | 20 | | Section 50-35, compliance applies only to contracts or | 21 | | subcontracts over $100,000. Notice of each contract | 22 | | entered into under this paragraph (18) that is related to | 23 | | the procurement of goods and services identified in | 24 | | paragraph (1) through (9) of this subsection shall be | 25 | | published in the Procurement Bulletin within 14 calendar | 26 | | days after contract execution. The Chief Procurement |
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| 1 | | Officer shall prescribe the form and content of the | 2 | | notice. Each agency shall provide the Chief Procurement | 3 | | Officer, on a monthly basis, in the form and content | 4 | | prescribed by the Chief Procurement Officer, a report of | 5 | | contracts that are related to the procurement of goods and | 6 | | services identified in this subsection. At a minimum, this | 7 | | report shall include the name of the contractor, a | 8 | | description of the supply or service provided, the total | 9 | | amount of the contract, the term of the contract, and the | 10 | | exception to this Code utilized. A copy of any or all of | 11 | | these contracts shall be made available to the Chief | 12 | | Procurement Officer immediately upon request. The Chief | 13 | | Procurement Officer shall submit a report to the Governor | 14 | | and General Assembly no later than November 1 of each year | 15 | | that includes, at a minimum, an annual summary of the | 16 | | monthly information reported to the Chief Procurement | 17 | | Officer. This exemption becomes inoperative 5 years after | 18 | | June 25, 2019 ( the effective date of Public Act 101-27) | 19 | | this amendatory Act of the 101st General Assembly . | 20 | | Notwithstanding any other provision of law, for contracts | 21 | | entered into on or after October 1, 2017 under an exemption | 22 | | provided in any paragraph of this subsection (b), except | 23 | | paragraph (1), (2), or (5), each State agency shall post to the | 24 | | appropriate procurement bulletin the name of the contractor, a | 25 | | description of the supply or service provided, the total | 26 | | amount of the contract, the term of the contract, and the |
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| 1 | | exception to the Code utilized. The chief procurement officer | 2 | | shall submit a report to the Governor and General Assembly no | 3 | | later than November 1 of each year that shall include, at a | 4 | | minimum, an annual summary of the monthly information reported | 5 | | to the chief procurement officer. | 6 | | (c) This Code does not apply to the electric power | 7 | | procurement process provided for under Section 1-75 of the | 8 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 9 | | Utilities Act. | 10 | | (d) Except for Section 20-160 and Article 50 of this Code, | 11 | | and as expressly required by Section 9.1 of the Illinois | 12 | | Lottery Law, the provisions of this Code do not apply to the | 13 | | procurement process provided for under Section 9.1 of the | 14 | | Illinois Lottery Law. | 15 | | (e) This Code does not apply to the process used by the | 16 | | Capital Development Board to retain a person or entity to | 17 | | assist the Capital Development Board with its duties related | 18 | | to the determination of costs of a clean coal SNG brownfield | 19 | | facility, as defined by Section 1-10 of the Illinois Power | 20 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 21 | | of the Public Utilities Act, including calculating the range | 22 | | of capital costs, the range of operating and maintenance | 23 | | costs, or the sequestration costs or monitoring the | 24 | | construction of clean coal SNG brownfield facility for the | 25 | | full duration of construction. | 26 | | (f) (Blank). |
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| 1 | | (g) (Blank). | 2 | | (h) This Code does not apply to the process to procure or | 3 | | contracts entered into in accordance with Sections 11-5.2 and | 4 | | 11-5.3 of the Illinois Public Aid Code. | 5 | | (i) Each chief procurement officer may access records | 6 | | necessary to review whether a contract, purchase, or other | 7 | | expenditure is or is not subject to the provisions of this | 8 | | Code, unless such records would be subject to attorney-client | 9 | | privilege. | 10 | | (j) This Code does not apply to the process used by the | 11 | | Capital Development Board to retain an artist or work or works | 12 | | of art as required in Section 14 of the Capital Development | 13 | | Board Act. | 14 | | (k) This Code does not apply to the process to procure | 15 | | contracts, or contracts entered into, by the State Board of | 16 | | Elections or the State Electoral Board for hearing officers | 17 | | appointed pursuant to the Election Code. | 18 | | (l) This Code does not apply to the processes used by the | 19 | | Illinois Student Assistance Commission to procure supplies and | 20 | | services paid for from the private funds of the Illinois | 21 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 22 | | funds" means funds derived from deposits paid into the | 23 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 24 | | (m) This Code does not apply to contracts for services, | 25 | | commodities, and equipment to support the health, protection, | 26 | | safety, welfare, and accountability of State police officers |
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| 1 | | in consultation with and subject to the approval of the chief | 2 | | procurement officer. Procurements under this subsection are | 3 | | not subject to the provisions of this Code, except for the | 4 | | requirements of Sections 20-60, 20-65, 20-70, and 20-160 and | 5 | | Article 50; however, the chief procurement officer may, in | 6 | | writing with justification, waive any certification required | 7 | | under Article 50 of this Code. For any contracts for services | 8 | | which are currently provided by members of a collective | 9 | | bargaining agreement, the applicable terms of the collective | 10 | | bargaining agreement concerning subcontracting shall be | 11 | | followed. The provisions of this subsection (m), other than | 12 | | this sentence, are inoperative on and after January 2, 2025 or | 13 | | 4 years after the effective date of this amendatory Act of the | 14 | | 102nd General Assembly, whichever is later. | 15 | | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; | 16 | | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. | 17 | | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised | 18 | | 9-17-19.)
| 19 | | Section 10. The Illinois Vehicle Code is amended by | 20 | | changing Section 11-907 as follows:
| 21 | | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
| 22 | | Sec. 11-907. Operation of vehicles and streetcars on | 23 | | approach of authorized
emergency
vehicles. | 24 | | (a) Upon the immediate approach of an authorized emergency |
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| 1 | | vehicle
making use of audible and visual signals meeting the | 2 | | requirements of this
Code or a police vehicle properly and | 3 | | lawfully making use of an audible
or visual signal:
| 4 | | (1) the driver of every other vehicle
shall yield the | 5 | | right-of-way and shall immediately drive to a position
| 6 | | parallel to, and as close as possible to, the right-hand | 7 | | edge or curb of
the highway clear of any intersection and | 8 | | shall, if necessary to permit
the safe passage of the | 9 | | emergency vehicle, stop and remain
in such position until | 10 | | the authorized emergency vehicle has passed, unless
| 11 | | otherwise directed by a police officer; and
| 12 | | (2) the operator of every streetcar shall
immediately | 13 | | stop such
car clear of any intersection and keep it in such | 14 | | position until the
authorized emergency vehicle has | 15 | | passed, unless otherwise
directed by
a police officer.
| 16 | | (b) This Section shall not operate to relieve the driver | 17 | | of an
authorized emergency vehicle from the duty to drive with | 18 | | due regard for the
safety of all persons using the highway.
| 19 | | (c) Upon approaching a stationary authorized emergency | 20 | | vehicle, when the
authorized emergency vehicle is giving a | 21 | | signal by displaying alternately
flashing
red, red and white, | 22 | | blue, or red and blue lights or amber or yellow warning
lights, | 23 | | a
person who drives an approaching vehicle shall:
| 24 | | (1) proceeding with due caution, yield the | 25 | | right-of-way by making a
lane change into a lane not | 26 | | adjacent to that of the authorized
emergency vehicle, if |
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| 1 | | possible with due regard to safety and traffic
conditions, | 2 | | if on a highway having at least 4 lanes with not less
than | 3 | | 2 lanes proceeding in the same direction as the | 4 | | approaching
vehicle; or
| 5 | | (2) if changing lanes would be impossible or unsafe, | 6 | | proceeding with due caution, reduce the speed of the | 7 | | vehicle,
maintaining a safe speed for road conditions and | 8 | | leaving a safe distance until safely past the stationary | 9 | | emergency vehicles.
| 10 | | The visual signal specified under this subsection (c) | 11 | | given by an authorized emergency vehicle is an indication to | 12 | | drivers of approaching vehicles that a hazardous condition is | 13 | | present when circumstances are not immediately clear. Drivers | 14 | | of vehicles approaching a stationary emergency vehicle in any | 15 | | lane shall heed the warning of the signal, reduce the speed of | 16 | | the vehicle, proceed with due caution, maintain a safe speed | 17 | | for road conditions, be prepared to stop, and leave a safe | 18 | | distance until safely passed the stationary emergency vehicle. | 19 | | As used in this subsection (c), "authorized emergency | 20 | | vehicle"
includes any vehicle authorized by law to be equipped | 21 | | with oscillating,
rotating, or flashing lights under Section | 22 | | 12-215 of this Code, while the owner
or operator of the vehicle | 23 | | is engaged in his or her official duties.
| 24 | | (d) A person who violates subsection (c) of this Section | 25 | | commits a business
offense punishable by a fine of not less | 26 | | than $250 or more than $10,000 for a first violation, and a |
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| 1 | | fine of not less than $750 or more than $10,000 for a second or | 2 | | subsequent violation. It is a factor in
aggravation if the | 3 | | person committed the offense while in violation of Section
| 4 | | 11-501 , 12-610.1, or 12-610.2 of this Code. Imposition of the | 5 | | penalties authorized by this subsection (d) for a violation of | 6 | | subsection (c) of this Section that results in the death of
| 7 | | another person does not preclude imposition of appropriate | 8 | | additional civil or criminal penalties. A person who violates | 9 | | subsection (c) and the violation results in damage to another | 10 | | vehicle commits a Class A misdemeanor. A person who violates | 11 | | subsection (c) and the violation results in the injury or | 12 | | death of another person commits a Class 4 felony.
| 13 | | (e) If a violation of subsection (c) of this Section | 14 | | results in damage to
the
property of another person, in | 15 | | addition to any other penalty imposed,
the person's driving | 16 | | privileges shall be suspended for a fixed
period of not less | 17 | | than 90 days and not more than one year.
| 18 | | (f) If a violation of subsection (c) of this Section | 19 | | results in injury to
another
person, in addition to any other | 20 | | penalty imposed,
the person's driving privileges shall be | 21 | | suspended for a fixed period of not
less
than 180
days and not | 22 | | more than 2 years.
| 23 | | (g) If a violation of subsection (c) of this Section | 24 | | results in the death of
another person, in addition to any | 25 | | other penalty imposed,
the person's driving privileges shall | 26 | | be suspended for 2 years.
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| 1 | | (h) The Secretary of State shall, upon receiving a record | 2 | | of a judgment
entered against a person under subsection (c) of | 3 | | this Section:
| 4 | | (1) suspend the person's driving privileges for the | 5 | | mandatory period; or
| 6 | | (2) extend the period of an existing suspension by the | 7 | | appropriate
mandatory period.
| 8 | | (i) The Scott's Law Fund shall be a special fund in the | 9 | | State treasury. Subject to appropriation by the General | 10 | | Assembly and approval by the Director, the Director of the | 11 | | State Police shall use all moneys in the Scott's Law Fund in | 12 | | the Department's discretion to fund the production of | 13 | | materials to educate drivers on approaching stationary | 14 | | authorized emergency vehicles, to hire off-duty Department of | 15 | | State Police for enforcement of this Section, and for other | 16 | | law enforcement purposes the Director deems necessary in these | 17 | | efforts. | 18 | | (j) For violations of this Section issued by a county or | 19 | | municipal police officer, the assessment shall be deposited | 20 | | into the county's or municipality's Transportation Safety | 21 | | Highway Hire-back Fund. The county shall use the moneys in its | 22 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 23 | | county police officers to monitor construction or maintenance | 24 | | zones in that county on highways other than interstate | 25 | | highways. The county, in its discretion, may also use a | 26 | | portion of the moneys in its Transportation Safety Highway |
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| 1 | | Hire-back Fund to purchase equipment for county law | 2 | | enforcement and fund the production of materials to educate | 3 | | drivers on construction zone safe driving habits and | 4 | | approaching stationary authorized emergency vehicles. | 5 | | (Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20 .)".
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