Illinois Administrative Code Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
📘 Overview of Title 44
Part 1 – Chief Procurement Officer for General Services Standard Procurement
Section 1.10 – Application: This section outlines the applicability of the procurement rules, specifying that they do not apply to contracts between the State and its political subdivisions or other governments, or between State governmental bodies, except as specifically provided in the Code. It also notes that grants are generally not covered by these procurement rules, except for certain filing requirements.
Part 4000 – Local Records Commission
Section 4000.10 – General: This section provides the general provisions for the Local Records Commission, detailing its role and responsibilities in overseeing the preservation and disposal of local government records.
Section 4000.30 – Procedures for Compiling and Submitting Lists and Schedules of Records for Disposal: Agencies are required to submit lists or schedules of public records that are no longer needed and do not have sufficient value to warrant preservation. These submissions must be made to the Commission for approval.
Section 4000.40 – Procedures for the Physical Destruction or Other Disposition of Records Proposed for Disposal: Agencies may dispose of records authorized for destruction by the Commission, provided that they follow secure methods, especially for records containing sensitive information.
Part 7000 – Grant Accountability and Transparency Act (GATA)
Section 7000.10 – Purpose and Applicability: This section outlines the purpose of the GATA, which is to establish a statewide framework for the accountability and transparency of state-funded grants. It applies to all state agencies and entities receiving state grants.
Section 7000.20 – Grant Accountability and Transparency Unit (GATU): The Governor's Office of Management and Budget (GOMB) is responsible for establishing a centralized unit known as the Grant Accountability and Transparency Unit. GATU oversees the implementation of the statewide grants management framework and monitors compliance.
⚖️ Relevant Case Law
While specific case law directly interpreting Title 44 is limited, the regulations have been referenced in various legal contexts:
Public Records Disposal: In City of Chicago v. Fraternal Order of Police Lodge No. 7, the Illinois Supreme Court ruled that the city could not destroy records of police misconduct that were more than five years old, despite a contract with the city's police union requiring such destruction. The court held that the Local Records Act, which mandates the preservation of public records, superseded the contractual provision.
📝 Summary
Title 44 of the Illinois Administrative Code provides a comprehensive framework for the administration of government contracts, grants, procurement processes, and property management. By establishing clear procedures and responsibilities, it aims to ensure transparency, accountability, and efficiency in the use of public resources.
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