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Public Act 91-0904
SB1871 Enrolled LRB9113259JMmb
AN ACT concerning State contracts.
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 Sections 1-10 and 20-80 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
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.
(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.
(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) contracts for services to Northern Illinois
University by a person, acting as an independent
contractor, who is qualified by education, experience,
and technical ability and is selected by negotiation for
the purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff.
8-19-99.)
(30 ILCS 500/20-80)
Sec. 20-80. Contract files.
(a) Written determinations. All written determinations
required under this Article shall be placed in the contract
file maintained by the chief procurement officer.
(b) Filing with Comptroller. Whenever a grant, defined
pursuant to accounting standards established by the
Comptroller, or a contract liability, except for: (1)
contracts paid from personal services, or (2) contracts
between the State and its employees to defer compensation in
accordance with Article 24 of the Illinois Pension Code,
exceeding $10,000 is incurred by any State agency, a copy of
the contract, purchase order, grant, or lease shall be filed
with the Comptroller within 15 days thereafter. Any
cancellation or modification to any such contract liability
shall be filed with the Comptroller within 15 days of its
execution.
(c) Late filing affidavit. When a contract, purchase
order, grant, or lease required to be filed by this Section
has not been filed within 30 days of execution, the
Comptroller shall refuse to issue a warrant for payment
thereunder until the agency files with the Comptroller the
contract, purchase order, grant, or lease and an affidavit,
signed by the chief executive officer of the agency or his or
her designee, setting forth an explanation of why the
contract liability was not filed within 30 days of execution.
A copy of this affidavit shall be filed with the Auditor
General.
(d) Professional and artistic services contracts. No
voucher shall be submitted to the Comptroller for a warrant
to be drawn for the payment of money from the State treasury
or from other funds held by the State Treasurer on account of
any contract for services involving professional or artistic
skills involving an expenditure of more than $5,000 for the
same type of service at the same location during any fiscal
year unless the contract is reduced to writing before the
services are performed and filed with the Comptroller. When
a contract for professional or artistic skills in excess of
$5,000 was not reduced to writing before the services were
performed, the Comptroller shall refuse to issue a warrant
for payment for the services until the State agency files
with the Comptroller:
(1) a written contract covering the services, and
(2) an affidavit, signed by the chief executive
officer of the State agency or his or her designee,
stating that the services for which payment is being made
were agreed to before commencement of the services and
setting forth an explanation of why the contract was not
reduced to writing before the services commenced.
A copy of this affidavit shall be filed with the Auditor
General. The Comptroller shall maintain professional or
artistic service contracts filed under this Section
separately from other filed contracts.
(e) Method of source selection. When a contract is
filed with the Comptroller under this Section, the
Comptroller's file shall identify the method of source
selection used in obtaining the contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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