Full Text of SB2065 102nd General Assembly
SB2065ham002 102ND GENERAL ASSEMBLY | Rep. Delia C. Ramirez Filed: 5/21/2021
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| 1 | | AMENDMENT TO SENATE BILL 2065
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2065 on page 1, | 3 | | immediately below line 22, by inserting the following:
| 4 | | "Section 10. 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) (A) 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 members Board of the Illinois Finance |
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| 1 | | Authority and are subject to Sections 5-30, 20-160, 50-13, | 2 | | 50-20, 50-35, and 50-37 of this Code, as well as the final | 3 | | approval by the members Board of the Illinois Finance | 4 | | Authority of the terms of the contract. | 5 | | (B) Contracts for legal and financial services entered | 6 | | into by the Illinois Housing Development Authority in | 7 | | connection with the issuance of bonds in which the State | 8 | | of Illinois is not obligated. Such contracts shall be | 9 | | awarded through a competitive process authorized by the | 10 | | members of the Illinois Housing Development Authority and | 11 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | 12 | | and 50-37 of this Code, as well as the final approval by | 13 | | the members of the Illinois Housing Development Authority | 14 | | of the terms of the contract. | 15 | | (13) Contracts for services, commodities, and | 16 | | equipment to support the delivery of timely forensic | 17 | | science services in consultation with and subject to the | 18 | | approval of the Chief Procurement Officer as provided in | 19 | | subsection (d) of Section 5-4-3a of the Unified Code of | 20 | | Corrections, except for the requirements of Sections | 21 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 22 | | Code; however, the Chief Procurement Officer may, in | 23 | | writing with justification, waive any certification | 24 | | required under Article 50 of this Code. For any contracts | 25 | | for services which are currently provided by members of a | 26 | | collective bargaining agreement, the applicable terms of |
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| 1 | | the collective bargaining agreement concerning | 2 | | subcontracting shall be followed. | 3 | | On and after January 1, 2019, this paragraph (13), | 4 | | except for this sentence, is inoperative. | 5 | | (14) Contracts for participation expenditures required | 6 | | by a domestic or international trade show or exhibition of | 7 | | an exhibitor, member, or sponsor. | 8 | | (15) Contracts with a railroad or utility that | 9 | | requires the State to reimburse the railroad or utilities | 10 | | for the relocation of utilities for construction or other | 11 | | public purpose. Contracts included within this paragraph | 12 | | (15) shall include, but not be limited to, those | 13 | | associated with: relocations, crossings, installations, | 14 | | and maintenance. For the purposes of this paragraph (15), | 15 | | "railroad" means any form of non-highway ground | 16 | | transportation that runs on rails or electromagnetic | 17 | | guideways and "utility" means: (1) public utilities as | 18 | | defined in Section 3-105 of the Public Utilities Act, (2) | 19 | | telecommunications carriers as defined in Section 13-202 | 20 | | of the Public Utilities Act, (3) electric cooperatives as | 21 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 22 | | telephone or telecommunications cooperatives as defined in | 23 | | Section 13-212 of the Public Utilities Act, (5) rural | 24 | | water or waste water systems with 10,000 connections or | 25 | | less, (6) a holder as defined in Section 21-201 of the | 26 | | Public Utilities Act, and (7) municipalities owning or |
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| 1 | | operating utility systems consisting of public utilities | 2 | | as that term is defined in Section 11-117-2 of the | 3 | | Illinois Municipal Code. | 4 | | (16) Procurement expenditures necessary for the | 5 | | Department of Public Health to provide the delivery of | 6 | | timely newborn screening services in accordance with the | 7 | | Newborn Metabolic Screening Act. | 8 | | (17) Procurement expenditures necessary for the | 9 | | Department of Agriculture, the Department of Financial and | 10 | | Professional Regulation, the Department of Human Services, | 11 | | and the Department of Public Health to implement the | 12 | | Compassionate Use of Medical Cannabis Program and Opioid | 13 | | Alternative Pilot Program requirements and ensure access | 14 | | to medical cannabis for patients with debilitating medical | 15 | | conditions in accordance with the Compassionate Use of | 16 | | Medical Cannabis Program Act. | 17 | | (18) This Code does not apply to any procurements | 18 | | necessary for the Department of Agriculture, the | 19 | | Department of Financial and Professional Regulation, the | 20 | | Department of Human Services, the Department of Commerce | 21 | | and Economic Opportunity, and the Department of Public | 22 | | Health to implement the Cannabis Regulation and Tax Act if | 23 | | the applicable agency has made a good faith determination | 24 | | that it is necessary and appropriate for the expenditure | 25 | | to fall within this exemption and if the process is | 26 | | conducted in a manner substantially in accordance with the |
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| 1 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, | 2 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | 3 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | 4 | | Section 50-35, compliance applies only to contracts or | 5 | | subcontracts over $100,000. Notice of each contract | 6 | | entered into under this paragraph (18) that is related to | 7 | | the procurement of goods and services identified in | 8 | | paragraph (1) through (9) of this subsection shall be | 9 | | published in the Procurement Bulletin within 14 calendar | 10 | | days after contract execution. The Chief Procurement | 11 | | Officer shall prescribe the form and content of the | 12 | | notice. Each agency shall provide the Chief Procurement | 13 | | Officer, on a monthly basis, in the form and content | 14 | | prescribed by the Chief Procurement Officer, a report of | 15 | | contracts that are related to the procurement of goods and | 16 | | services identified in this subsection. At a minimum, this | 17 | | report shall include the name of the contractor, a | 18 | | description of the supply or service provided, the total | 19 | | amount of the contract, the term of the contract, and the | 20 | | exception to this Code utilized. A copy of any or all of | 21 | | these contracts shall be made available to the Chief | 22 | | Procurement Officer immediately upon request. The Chief | 23 | | Procurement Officer shall submit a report to the Governor | 24 | | and General Assembly no later than November 1 of each year | 25 | | that includes, at a minimum, an annual summary of the | 26 | | monthly information reported to the Chief Procurement |
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| 1 | | Officer. This exemption becomes inoperative 5 years after | 2 | | June 25, 2019 ( the effective date of Public Act 101-27) | 3 | | this amendatory Act of the 101st General Assembly . | 4 | | Notwithstanding any other provision of law, for contracts | 5 | | entered into on or after October 1, 2017 under an exemption | 6 | | provided in any paragraph of this subsection (b), except | 7 | | paragraph (1), (2), or (5), each State agency shall post to the | 8 | | appropriate procurement bulletin the name of the contractor, a | 9 | | description of the supply or service provided, the total | 10 | | amount of the contract, the term of the contract, and the | 11 | | exception to the Code utilized. The chief procurement officer | 12 | | shall submit a report to the Governor and General Assembly no | 13 | | later than November 1 of each year that shall include, at a | 14 | | minimum, an annual summary of the monthly information reported | 15 | | to the chief procurement officer. | 16 | | (c) This Code does not apply to the electric power | 17 | | procurement process provided for under Section 1-75 of the | 18 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 19 | | Utilities Act. | 20 | | (d) Except for Section 20-160 and Article 50 of this Code, | 21 | | and as expressly required by Section 9.1 of the Illinois | 22 | | Lottery Law, the provisions of this Code do not apply to the | 23 | | procurement process provided for under Section 9.1 of the | 24 | | Illinois Lottery Law. | 25 | | (e) This Code does not apply to the process used by the | 26 | | Capital Development Board to retain a person or entity to |
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| 1 | | assist the Capital Development Board with its duties related | 2 | | to the determination of costs of a clean coal SNG brownfield | 3 | | facility, as defined by Section 1-10 of the Illinois Power | 4 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 5 | | of the Public Utilities Act, including calculating the range | 6 | | of capital costs, the range of operating and maintenance | 7 | | costs, or the sequestration costs or monitoring the | 8 | | construction of clean coal SNG brownfield facility for the | 9 | | full duration of construction. | 10 | | (f) (Blank). | 11 | | (g) (Blank). | 12 | | (h) This Code does not apply to the process to procure or | 13 | | contracts entered into in accordance with Sections 11-5.2 and | 14 | | 11-5.3 of the Illinois Public Aid Code. | 15 | | (i) Each chief procurement officer may access records | 16 | | necessary to review whether a contract, purchase, or other | 17 | | expenditure is or is not subject to the provisions of this | 18 | | Code, unless such records would be subject to attorney-client | 19 | | privilege. | 20 | | (j) This Code does not apply to the process used by the | 21 | | Capital Development Board to retain an artist or work or works | 22 | | of art as required in Section 14 of the Capital Development | 23 | | Board Act. | 24 | | (k) This Code does not apply to the process to procure | 25 | | contracts, or contracts entered into, by the State Board of | 26 | | Elections or the State Electoral Board for hearing officers |
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| 1 | | appointed pursuant to the Election Code. | 2 | | (l) This Code does not apply to the processes used by the | 3 | | Illinois Student Assistance Commission to procure supplies and | 4 | | services paid for from the private funds of the Illinois | 5 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 6 | | funds" means funds derived from deposits paid into the | 7 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 8 | | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; | 9 | | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. | 10 | | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised | 11 | | 9-17-19.)".
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