Full Text of HB4187 098th General Assembly
HB4187 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4187 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Provides that on and after the effective date of this Act, contracts of $250,000 or more between the State or any State agency and another state or the federal government may be entered into only by a separate Act of the General Assembly. Provides that a contract executed before the effective date of this amendatory Act valued at more than $250,000 between the State or any State agency and another state or the federal government may be renewed or extended only by a separate Act of the General Assembly. Provides that copies of such contract shall be filed with the Index Department of the Office of the Secretary of State upon execution. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | | contractors were first
solicited on or after July 1, 1998. This | 10 | | Code shall not be construed to affect
or impair any contract, | 11 | | or any provision of a contract, entered into based on a
| 12 | | solicitation prior to the implementation date of this Code as | 13 | | described in
Article 99, including but not limited to any | 14 | | covenant entered into with respect
to any revenue bonds or | 15 | | similar instruments.
All procurements for which contracts are | 16 | | solicited between the effective date
of Articles 50 and 99 and | 17 | | July 1, 1998 shall be substantially in accordance
with this | 18 | | Code and its intent.
| 19 | | (b) This Code shall apply regardless of the source of the | 20 | | funds with which
the contracts are paid, including federal | 21 | | assistance moneys.
This Code shall
not apply to:
| 22 | | (1) Contracts between the State and its political | 23 | | subdivisions or units of local government other
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| 1 | | governments , or between State governmental bodies except | 2 | | as specifically
provided in 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 for legal, financial, and other | 21 | | professional and artistic services entered into on or | 22 | | before December 31, 2018 by the Illinois Finance Authority | 23 | | in which the State of Illinois is not obligated. Such | 24 | | contracts shall be awarded through a competitive process | 25 | | authorized by the Board of the Illinois Finance Authority | 26 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, |
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| 1 | | 50-35, and 50-37 of this Code, as well as the final | 2 | | approval by the Board of the Illinois Finance Authority of | 3 | | the terms of the contract. | 4 | | Notwithstanding any other provision of law, contracts | 5 | | entered into under item (12) of this subsection (b) shall be | 6 | | published in the Procurement Bulletin within 14 days after | 7 | | contract execution. The chief procurement officer shall | 8 | | prescribe the form and content of the notice. The Illinois | 9 | | Finance Authority shall provide the chief procurement officer, | 10 | | on a monthly basis, in the form and content prescribed by the | 11 | | chief procurement officer, a report of contracts that are | 12 | | related to the procurement of goods and services identified in | 13 | | item (12) of this subsection (b). At a minimum, this report | 14 | | shall include the name of the contractor, a description of the | 15 | | supply or service provided, the total amount of the contract, | 16 | | the term of the contract, and the exception to the Code | 17 | | utilized. A copy of each of these contracts shall be made | 18 | | available to the chief procurement officer immediately upon | 19 | | request. The chief procurement officer shall submit a report to | 20 | | the Governor and General Assembly no later than November 1 of | 21 | | each year that shall include, at a minimum, an annual summary | 22 | | of the monthly information reported to the chief procurement | 23 | | 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) This Code does not apply to the process used by the | 19 | | Illinois Power Agency to retain a mediator to mediate sourcing | 20 | | agreement disputes between gas utilities and the clean coal SNG | 21 | | brownfield facility, as defined in Section 1-10 of the Illinois | 22 | | Power Agency Act, as required under subsection (h-1) of Section | 23 | | 9-220 of the Public Utilities Act. | 24 | | (g) This Code does not apply to the processes used by the | 25 | | Illinois Power Agency to retain a mediator to mediate contract | 26 | | disputes between gas utilities and the clean coal SNG facility |
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| 1 | | and to retain an expert to assist in the review of contracts | 2 | | under subsection (h) of Section 9-220 of the Public Utilities | 3 | | Act. This Code does not apply to the process used by the | 4 | | Illinois Commerce Commission to retain an expert to assist in | 5 | | determining the actual incurred costs of the clean coal SNG | 6 | | facility and the reasonableness of those costs as required | 7 | | under subsection (h) of Section 9-220 of the Public Utilities | 8 | | Act. | 9 | | (h) This Code does not apply to the process to procure or | 10 | | contracts entered into in accordance with Sections 11-5.2 and | 11 | | 11-5.3 of the Illinois Public Aid Code. | 12 | | (i) Each chief procurement officer may access records | 13 | | necessary to review whether a contract, purchase, or other | 14 | | expenditure is or is not subject to the provisions of this | 15 | | Code, unless such records would be subject to attorney-client | 16 | | privilege. | 17 | | (j) This Code does not apply to the process used by the | 18 | | Capital Development Board to retain an artist or work or works | 19 | | of art as required in Section 14 of the Capital Development | 20 | | Board Act. | 21 | | (k) Contracts valued at more than $250,000 between the | 22 | | State or any State agency and another state or the federal | 23 | | government, or an agency thereof, may be entered into only by a | 24 | | separate Act of the General Assembly. A contract executed | 25 | | before the effective date of this amendatory Act of the 98th | 26 | | General Assembly valued at more than $250,000 between the State |
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| 1 | | or any State agency and another state or the federal | 2 | | government, or an agency thereof, may be entered into only by a | 3 | | separate Act of the General Assembly. Copies of such contracts | 4 | | shall be filed with the Index Department of the Office of the | 5 | | Secretary of State upon execution. | 6 | | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | 7 | | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | 8 | | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | 9 | | 98-572, eff. 1-1-14; revised 9-9-13.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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