Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-0600


 

Public Act 0600 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0600
 
HB2616 EnrolledLRB102 13271 RJF 18615 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
 
    (30 ILCS 500/1-10)
    Sec. 1-10. Application.
    (a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
    (b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
        (1) Contracts between the State and its political
    subdivisions or other governments, or between State
    governmental bodies, except as specifically provided in
    this Code.
        (2) Grants, except for the filing requirements of
    Section 20-80.
        (3) Purchase of care, except as provided in Section
    5-30.6 of the Illinois Public Aid Code and this Section.
        (4) Hiring of an individual as employee and not as an
    independent contractor, whether pursuant to an employment
    code or policy or by contract directly with that
    individual.
        (5) Collective bargaining contracts.
        (6) Purchase of real estate, except that notice of
    this type of contract with a value of more than $25,000
    must be published in the Procurement Bulletin within 10
    calendar days after the deed is recorded in the county of
    jurisdiction. The notice shall identify the real estate
    purchased, the names of all parties to the contract, the
    value of the contract, and the effective date of the
    contract.
        (7) Contracts necessary to prepare for anticipated
    litigation, enforcement actions, or investigations,
    provided that the chief legal counsel to the Governor
    shall give his or her prior approval when the procuring
    agency is one subject to the jurisdiction of the Governor,
    and provided that the chief legal counsel of any other
    procuring entity subject to this Code shall give his or
    her prior approval when the procuring entity is not one
    subject to the jurisdiction of the Governor.
        (8) (Blank).
        (9) Procurement expenditures by the Illinois
    Conservation Foundation when only private funds are used.
        (10) (Blank).
        (11) Public-private agreements entered into according
    to the procurement requirements of Section 20 of the
    Public-Private Partnerships for Transportation Act and
    design-build agreements entered into according to the
    procurement requirements of Section 25 of the
    Public-Private Partnerships for Transportation Act.
        (12) Contracts for legal, financial, and other
    professional and artistic services entered into on or
    before December 31, 2018 by the Illinois Finance Authority
    in which the State of Illinois is not obligated. Such
    contracts shall be awarded through a competitive process
    authorized by the Board of the Illinois Finance Authority
    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
    50-35, and 50-37 of this Code, as well as the final
    approval by the Board of the Illinois Finance Authority of
    the terms of the contract.
        (13) Contracts for services, commodities, and
    equipment to support the delivery of timely forensic
    science services in consultation with and subject to the
    approval of the Chief Procurement Officer as provided in
    subsection (d) of Section 5-4-3a of the Unified Code of
    Corrections, except for the requirements of Sections
    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
    Code; however, the Chief Procurement Officer may, in
    writing with justification, waive any certification
    required under Article 50 of this Code. For any contracts
    for services which are currently provided by members of a
    collective bargaining agreement, the applicable terms of
    the collective bargaining agreement concerning
    subcontracting shall be followed.
        On and after January 1, 2019, this paragraph (13),
    except for this sentence, is inoperative.
        (14) Contracts for participation expenditures required
    by a domestic or international trade show or exhibition of
    an exhibitor, member, or sponsor.
        (15) Contracts with a railroad or utility that
    requires the State to reimburse the railroad or utilities
    for the relocation of utilities for construction or other
    public purpose. Contracts included within this paragraph
    (15) shall include, but not be limited to, those
    associated with: relocations, crossings, installations,
    and maintenance. For the purposes of this paragraph (15),
    "railroad" means any form of non-highway ground
    transportation that runs on rails or electromagnetic
    guideways and "utility" means: (1) public utilities as
    defined in Section 3-105 of the Public Utilities Act, (2)
    telecommunications carriers as defined in Section 13-202
    of the Public Utilities Act, (3) electric cooperatives as
    defined in Section 3.4 of the Electric Supplier Act, (4)
    telephone or telecommunications cooperatives as defined in
    Section 13-212 of the Public Utilities Act, (5) rural
    water or waste water systems with 10,000 connections or
    less, (6) a holder as defined in Section 21-201 of the
    Public Utilities Act, and (7) municipalities owning or
    operating utility systems consisting of public utilities
    as that term is defined in Section 11-117-2 of the
    Illinois Municipal Code.
        (16) Procurement expenditures necessary for the
    Department of Public Health to provide the delivery of
    timely newborn screening services in accordance with the
    Newborn Metabolic Screening Act.
        (17) Procurement expenditures necessary for the
    Department of Agriculture, the Department of Financial and
    Professional Regulation, the Department of Human Services,
    and the Department of Public Health to implement the
    Compassionate Use of Medical Cannabis Program and Opioid
    Alternative Pilot Program requirements and ensure access
    to medical cannabis for patients with debilitating medical
    conditions in accordance with the Compassionate Use of
    Medical Cannabis Program Act.
        (18) This Code does not apply to any procurements
    necessary for the Department of Agriculture, the
    Department of Financial and Professional Regulation, the
    Department of Human Services, the Department of Commerce
    and Economic Opportunity, and the Department of Public
    Health to implement the Cannabis Regulation and Tax Act if
    the applicable agency has made a good faith determination
    that it is necessary and appropriate for the expenditure
    to fall within this exemption and if the process is
    conducted in a manner substantially in accordance with the
    requirements of Sections 20-160, 25-60, 30-22, 50-5,
    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
    Section 50-35, compliance applies only to contracts or
    subcontracts over $100,000. Notice of each contract
    entered into under this paragraph (18) that is related to
    the procurement of goods and services identified in
    paragraph (1) through (9) of this subsection shall be
    published in the Procurement Bulletin within 14 calendar
    days after contract execution. The Chief Procurement
    Officer shall prescribe the form and content of the
    notice. Each agency shall provide the Chief Procurement
    Officer, on a monthly basis, in the form and content
    prescribed by the Chief Procurement Officer, a report of
    contracts that are related to the procurement of goods and
    services identified in this subsection. At a minimum, this
    report shall include the name of the contractor, a
    description of the supply or service provided, the total
    amount of the contract, the term of the contract, and the
    exception to this Code utilized. A copy of any or all of
    these contracts shall be made available to the Chief
    Procurement Officer immediately upon request. The Chief
    Procurement Officer shall submit a report to the Governor
    and General Assembly no later than November 1 of each year
    that includes, at a minimum, an annual summary of the
    monthly information reported to the Chief Procurement
    Officer. This exemption becomes inoperative 5 years after
    June 25, 2019 (the effective date of Public Act 101-27)
    this amendatory Act of the 101st General Assembly.
        (19) Acquisition of modifications or adjustments,
    limited to assistive technology devices and assistive
    technology services, adaptive equipment, repairs, and
    replacement parts to provide reasonable accommodations (i)
    that enable a qualified applicant with a disability to
    complete the job application process and be considered for
    the position such qualified applicant desires, (ii) that
    modify or adjust the work environment to enable a
    qualified current employee with a disability to perform
    the essential functions of the position held by that
    employee, (iii) to enable a qualified current employee
    with a disability to enjoy equal benefits and privileges
    of employment as are enjoyed by its other similarly
    situated employees without disabilities, and (iv) that
    allow a customer, client, claimant or member of the public
    seeking State services full use and enjoyment of and
    access to its programs, services, or benefits.
        For purposes of this paragraph (19):
        "Assistive technology devices" means any item, piece
    of equipment, or product system, whether acquired
    commercially off the shelf, modified, or customized, that
    is used to increase, maintain, or improve functional
    capabilities of individuals with disabilities.
        "Assistive technology services" means any service that
    directly assists an individual with a disability in
    selection, acquisition, or use of an assistive technology
    device.
        "Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
    Notwithstanding any other provision of law, for contracts
entered into on or after October 1, 2017 under an exemption
provided in any paragraph of this subsection (b), except
paragraph (1), (2), or (5), each State agency shall post to the
appropriate procurement bulletin the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to the Code utilized. The chief procurement officer
shall submit a report to the Governor and General Assembly no
later than November 1 of each year that shall include, at a
minimum, an annual summary of the monthly information reported
to the chief procurement officer.
    (c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
    (d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
    (e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
    (f) (Blank).
    (g) (Blank).
    (h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
    (i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
    (j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
    (k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
    (l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
9-17-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/27/2021