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91_SB1871enr SB1871 Enrolled LRB9113259JMmb 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. This Code shall not apply to: 22 (1) contracts between the State and its political 23 subdivisions or other governments, or between State 24 governmental bodies except as specifically provided in 25 this Code. 26 (2) grants, except for the filing requirements of 27 Section 20-80. 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 SB1871 Enrolled -2- LRB9113259JMmb 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 grant, defined 28 pursuant to accounting standards established by the 29 Comptroller, or a contract liability, except for: (1) 30 contracts paid from personal services, or (2) contracts 31 between the State and its employees to defer compensation in 32 accordance with Article 24 of the Illinois Pension Code, 33 exceeding $10,000 is incurred by any State agency, a copy of SB1871 Enrolled -3- LRB9113259JMmb 1 the contract, purchase order, grant, or lease shall be filed 2 with the Comptroller within 15 days thereafter. Any 3 cancellation or modification to any such contract liability 4 shall be filed with the Comptroller within 15 days of its 5 execution. 6 (c) Late filing affidavit. When a contract, purchase 7 order, grant, or lease required to be filed by this Section 8 has not been filed within 30 days of execution, the 9 Comptroller shall refuse to issue a warrant for payment 10 thereunder until the agency files with the Comptroller the 11 contract, purchase order, grant, or lease and an affidavit, 12 signed by the chief executive officer of the agency or his or 13 her designee, setting forth an explanation of why the 14 contract liability was not filed within 30 days of execution. 15 A copy of this affidavit shall be filed with the Auditor 16 General. 17 (d) Professional and artistic services contracts. No 18 voucher shall be submitted to the Comptroller for a warrant 19 to be drawn for the payment of money from the State treasury 20 or from other funds held by the State Treasurer on account of 21 any contract for services involving professional or artistic 22 skills involving an expenditure of more than $5,000 for the 23 same type of service at the same location during any fiscal 24 year unless the contract is reduced to writing before the 25 services are performed and filed with the Comptroller. When 26 a contract for professional or artistic skills in excess of 27 $5,000 was not reduced to writing before the services were 28 performed, the Comptroller shall refuse to issue a warrant 29 for payment for the services until the State agency files 30 with the Comptroller: 31 (1) a written contract covering the services, and 32 (2) an affidavit, signed by the chief executive 33 officer of the State agency or his or her designee, 34 stating that the services for which payment is being made SB1871 Enrolled -4- LRB9113259JMmb 1 were agreed to before commencement of the services and 2 setting forth an explanation of why the contract was not 3 reduced to writing before the services commenced. 4 A copy of this affidavit shall be filed with the Auditor 5 General. The Comptroller shall maintain professional or 6 artistic service contracts filed under this Section 7 separately from other filed contracts. 8 (e) Method of source selection. When a contract is 9 filed with the Comptroller under this Section, the 10 Comptroller's file shall identify the method of source 11 selection used in obtaining the contract. 12 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.