Bill Text: IL HB3262 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Procurement Code. Provides that a copy of notice of all emergency procurements and all documents provided at a public hearing shall be included in the online electronic (now, subsequent Procurement) Bulletin. Provides that the State purchasing officer (now, the purchasing agency) shall publish information regarding the emergency procurement. Provides that the actual total cost of an emergency purchase shall be published no later than 5 calendar days after it is determined (now, before the 10th day of the next succeeding month). Effective July 1, 2015.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2016-11-17 - Total Veto Stands - No Positive Action Taken [HB3262 Detail]

Download: Illinois-2015-HB3262-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3262 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
30 ILCS 500/20-30
Amends the Procurement Code. Provides that a copy of notice of all emergency procurements and all documents provided at a public hearing shall be included in the online electronic (now, subsequent Procurement) Bulletin. Provides that the State purchasing officer (now, the purchasing agency) shall publish information regarding the emergency procurement. Provides that the actual total cost of an emergency purchase shall be published no later than 5 calendar days after it is determined (now, before the 10th day of the next succeeding month). Effective July 1, 2015.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 20-30 as follows:
(30 ILCS 500/20-30)
Sec. 20-30. Emergency purchases.
(a) Conditions for use. In accordance with standards set by
rule, a purchasing agency may make emergency procurements
without competitive sealed bidding or prior notice when there
exists a threat to public health or public safety, or when
immediate expenditure is necessary for repairs to State
property in order to protect against further loss of or damage
to State property, to prevent or minimize serious disruption in
critical State services that affect health, safety, or
collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term of
the emergency purchase shall be limited to the time reasonably
needed for a competitive procurement, not to exceed 90 calendar
days. A contract may be extended beyond 90 calendar days if the
chief procurement officer determines additional time is
necessary and that the contract scope and duration are limited
to the emergency. Prior to execution of the extension, the

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chief procurement officer must hold a public hearing and
provide written justification for all emergency contracts.
Members of the public may present testimony. Emergency
procurements shall be made with as much competition as is
practicable under the circumstances. A written description of
the basis for the emergency and reasons for the selection of
the particular contractor shall be included in the contract
file.
(b) Notice. Notice of all emergency procurements shall be
provided to the Procurement Policy Board and published in the
online electronic Bulletin no later than 5 calendar days after
the contract is awarded. Notice of intent to extend an
emergency contract shall be provided to the Procurement Policy
Board and published in the online electronic Bulletin at least
14 calendar days before the public hearing. Notice shall
include at least a description of the need for the emergency
purchase, the contractor, and if applicable, the date, time,
and location of the public hearing. A copy of this notice and
all documents provided at the hearing shall be included in the
online electronic subsequent Procurement Bulletin. The State
purchasing officer Before the next appropriate volume of the
Illinois Procurement Bulletin, the purchasing agency shall
publish in the Illinois Procurement Bulletin a copy of each
written description and reasons and the total cost of each
emergency procurement made during the previous month. When only
an estimate of the total cost is known at the time of

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publication, the estimate shall be identified as an estimate
and published. When the actual total cost is determined, it
shall also be published in like manner no later than 5 calendar
days after it is determined before the 10th day of the next
succeeding month.
(c) Affidavits. A chief procurement officer making a
procurement under this Section shall file affidavits with the
Procurement Policy Board and the Auditor General within 10
calendar days after the procurement setting forth the amount
expended, the name of the contractor involved, and the
conditions and circumstances requiring the emergency
procurement. When only an estimate of the cost is available
within 10 calendar days after the procurement, the actual cost
shall be reported immediately after it is determined. At the
end of each fiscal quarter, the Auditor General shall file with
the Legislative Audit Commission and the Governor a complete
listing of all emergency procurements reported during that
fiscal quarter. The Legislative Audit Commission shall review
the emergency procurements so reported and, in its annual
reports, advise the General Assembly of procurements that
appear to constitute an abuse of this Section.
(d) Quick purchases. The chief procurement officer may
promulgate rules extending the circumstances by which a
purchasing agency may make purchases under this Section,
including but not limited to the procurement of items available
at a discount for a limited period of time.

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(e) The changes to this Section made by this amendatory Act
of the 96th General Assembly apply to procurements executed on
or after its effective date.
(Source: P.A. 98-1076, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect July 1,
2015.