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91_HB4164
LRB9113107JMdv
1 AN ACT concerning State contracts.
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 Sections 1-10 and 20-80 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.
10 This Code shall not be construed to affect or impair any
11 contract, or any provision of a contract, entered into based
12 on a solicitation prior to the implementation date of this
13 Code as described in Article 99, including but not limited to
14 any covenant entered into with respect to any revenue bonds
15 or similar instruments. All procurements for which contracts
16 are solicited between the effective date of Articles 50 and
17 99 and July 1, 1998 shall be substantially in accordance with
18 this Code and its intent.
19 (b) This Code shall apply regardless of the source of
20 the funds with which the contracts are paid, including
21 federal assistance moneys. Except for the contract filing
22 requirements of Section 20-80, this Code shall not apply to:
23 (1) contracts between the State and its political
24 subdivisions or other governments, or between State
25 governmental bodies except as specifically provided in
26 this Code.
27 (2) grants.
28 (3) purchase of care.
29 (4) hiring of an individual as employee and not as
30 an independent contractor, whether pursuant to an
31 employment code or policy or by contract directly with
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1 that individual.
2 (5) collective bargaining contracts.
3 (6) purchase of real estate.
4 (7) contracts necessary to prepare for anticipated
5 litigation, enforcement actions, or investigations,
6 provided that the chief legal counsel to the Governor
7 shall give his or her prior approval when the procuring
8 agency is one subject to the jurisdiction of the
9 Governor, and provided that the chief legal counsel of
10 any other procuring entity subject to this Code shall
11 give his or her prior approval when the procuring entity
12 is not one subject to the jurisdiction of the Governor.
13 (8) contracts for services to Northern Illinois
14 University by a person, acting as an independent
15 contractor, who is qualified by education, experience,
16 and technical ability and is selected by negotiation for
17 the purpose of providing non-credit educational service
18 activities or products by means of specialized programs
19 offered by the university.
20 (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff.
21 8-19-99.)
22 (30 ILCS 500/20-80)
23 Sec. 20-80. Contract files.
24 (a) Written determinations. All written determinations
25 required under this Article shall be placed in the contract
26 file maintained by the chief procurement officer.
27 (b) Filing with Comptroller. Whenever a contract or
28 grant liability, except for: (1) contracts paid from personal
29 services, or (2) contracts between the State and its
30 employees to defer compensation in accordance with Article 24
31 of the Illinois Pension Code, exceeding $10,000 is incurred
32 by any State agency, a copy of the contract, purchase order,
33 grant, or lease shall be filed with the Comptroller within 15
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1 days thereafter. Any cancellation or modification to any
2 such contract liability shall be filed with the Comptroller
3 within 15 days of its execution.
4 (c) Late filing affidavit. When a contract, purchase
5 order, grant, or lease required to be filed by this Section
6 has not been filed within 30 days of execution, the
7 Comptroller shall refuse to issue a warrant for payment
8 thereunder until the agency files with the Comptroller the
9 contract, purchase order, grant, or lease and an affidavit,
10 signed by the chief executive officer of the agency or his or
11 her designee, setting forth an explanation of why the
12 contract liability was not filed within 30 days of execution.
13 A copy of this affidavit shall be filed with the Auditor
14 General.
15 (d) Professional and artistic services contracts. No
16 voucher shall be submitted to the Comptroller for a warrant
17 to be drawn for the payment of money from the State treasury
18 or from other funds held by the State Treasurer on account of
19 any contract for services involving professional or artistic
20 skills involving an expenditure of more than $5,000 for the
21 same type of service at the same location during any fiscal
22 year unless the contract is reduced to writing before the
23 services are performed and filed with the Comptroller. When
24 a contract for professional or artistic skills in excess of
25 $5,000 was not reduced to writing before the services were
26 performed, the Comptroller shall refuse to issue a warrant
27 for payment for the services until the State agency files
28 with the Comptroller:
29 (1) a written contract covering the services, and
30 (2) an affidavit, signed by the chief executive
31 officer of the State agency or his or her designee,
32 stating that the services for which payment is being made
33 were agreed to before commencement of the services and
34 setting forth an explanation of why the contract was not
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1 reduced to writing before the services commenced.
2 A copy of this affidavit shall be filed with the Auditor
3 General. The Comptroller shall maintain professional or
4 artistic service contracts filed under this Section
5 separately from other filed contracts.
6 (e) Method of source selection. When a contract is
7 filed with the Comptroller under this Section, the
8 Comptroller's file shall identify the method of source
9 selection used in obtaining the contract.
10 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.