Public Act 100-0757
 
HB4745 EnrolledLRB100 18741 RJF 33975 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. Except as specifically provided in this 
Code, this
 Code shall
not apply to:

        (1) Contracts between the State and its political 
    subdivisions or other
governments, or between State 
    governmental bodies.

        (2) Grants, except for the filing requirements of 
    Section 20-80.

        (3) Purchase of care.

        (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. 
    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. 99-801, eff. 1-1-17; 100-43, eff. 8-9-17.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.