Full Text of HB4750 98th General Assembly
HB4750 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4750 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Makes a technical change in a Section regarding application of the Code.
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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 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 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.
| 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 | | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | 22 | | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | 23 | | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | 24 | | 98-572, eff. 1-1-14; revised 9-9-13.)
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