Sen. Cristina Castro

Filed: 11/30/2022

 

 


 

 


 
10200HB4285sam002LRB102 21927 JDS 41992 a

1
AMENDMENT TO HOUSE BILL 4285

2    AMENDMENT NO. ______. Amend House Bill 4285, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Commission to End Hunger Act is amended by
6changing Section 15 as follows:
 
7    (20 ILCS 5015/15)
8    Sec. 15. Members. The Commission to End Hunger shall be
9composed of no more than 21 voting members including 2 members
10of the Illinois House of Representatives, one appointed by the
11Speaker of the House and one appointed by the House Minority
12Leader; 2 members of the Illinois Senate, one appointed by the
13Senate President and one appointed by the Senate Minority
14Leader; one representative of the Office of the Governor
15appointed by the Governor; one representative of the Office of
16the Lieutenant Governor appointed by the Lieutenant Governor;

 

 

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1and 15 public members, who shall be appointed by the Governor.
2    The public members shall include 2 representatives of food
3banks; 2 representatives from other community food assistance
4programs; a representative of a statewide organization focused
5on responding to hunger; a representative from an anti-poverty
6organization; a representative of an organization that serves
7or advocates for children and youth; a representative of an
8organization that serves or advocates for older adults; a
9representative of an organization that advocates for people
10who are homeless; a representative of an organization that
11serves or advocates for persons with disabilities; a
12representative of an organization that advocates for
13immigrants; a representative of a municipal or county
14government; and 3 at-large members. The appointed members
15shall reflect the racial, gender, and geographic diversity of
16the State and shall include representation from regions of the
17State.
18    The following officials shall serve as ex-officio members:
19the Secretary of Human Services or his or her designee; the
20State Superintendent of Education or his or her designee; the
21Director of Healthcare and Family Services or his or her
22designee; the Director of Children and Family Services or his
23or her designee; the Director of Aging or his or her designee;
24the Director of Natural Resources or his or her designee; and
25the Director of Agriculture or his or her designee. The
26African-American Family Commission and , the Latino Family

 

 

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1Commission, and the Local Food, Farms, and Jobs Council shall
2each designate a liaison to serve ex-officio on the
3Commission.
4    Members shall serve without compensation and are
5responsible for the cost of all reasonable and necessary
6travel expenses connected to Commission business, as the State
7of Illinois will not reimburse Commission members for these
8costs.
9    Commission members shall be appointed within 60 days after
10the effective date of this Act. The Commission shall hold
11their initial meetings within 60 days after at least 50% of the
12members have been appointed.
13    The representative of the Office of the Governor and a
14representative of a food bank shall serve as co-chairs of the
15Commission.
16    At the first meeting of the Commission, the members shall
17select a 5-person Steering Committee that includes the
18co-chairs.
19    The Commission may establish committees that address
20specific issues or populations and may appoint individuals
21with relevant expertise who are not appointed members of the
22Commission to serve on committees as needed.
23    The Office of the Governor, or a designee of the
24Governor's choosing, shall provide guidance to the Commission.
25Under the leadership of the Office of the Governor, subject to
26appropriation, the Department of Human Services shall also

 

 

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1provide leadership to support the Commission. The Department
2of Human Services and the State of Illinois shall not incur any
3costs as a result of the creation of the Commission to End
4Hunger as the coordination of meetings, report preparation,
5and other related duties will be completed by a representative
6of a food bank that is serving as a co-chair of the Commission.
7(Source: P.A. 96-1119, eff. 7-20-10; 97-419, eff. 8-16-11.)
 
8    Section 10. The State Finance Act is amended by changing
9Section 12-2 as follows:
 
10    (30 ILCS 105/12-2)  (from Ch. 127, par. 148-2)
11    Sec. 12-2. Travel Regulation Council; State travel
12reimbursement.
13    (a) The chairmen of the travel control boards established
14by Section 12-1, or their designees, shall together comprise
15the Travel Regulation Council. The Travel Regulation Council
16shall be chaired by the Director of Central Management
17Services, who shall be a nonvoting member of the Council,
18unless he is otherwise qualified to vote by virtue of being the
19designee of a voting member. No later than March 1, 1986, and
20at least biennially thereafter, the Council shall adopt State
21Travel Regulations and Reimbursement Rates which shall be
22applicable to all personnel subject to the jurisdiction of the
23travel control boards established by Section 12-1. An
24affirmative vote of a majority of the members of the Council

 

 

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1shall be required to adopt regulations and reimbursement
2rates. If the Council fails to adopt regulations by March 1 of
3any odd-numbered year, the Director of Central Management
4Services shall adopt emergency regulations and reimbursement
5rates pursuant to the Illinois Administrative Procedure Act.
6As soon as practicable after the effective date of this
7amendatory Act of the 102nd General Assembly, the Travel
8Regulation Council and the Higher Education Travel Control
9Board shall adopt amendments to their existing rules to ensure
10that reimbursement rates for public institutions of higher
11education, as defined in Section 1-13 of the Illinois
12Procurement Code, are set in accordance with the requirements
13of subsection (f) of this Section.
14    (b) Mileage for automobile travel shall be reimbursed at
15the allowance rate in effect under regulations promulgated
16pursuant to 5 U.S.C. 5707(b)(2). In the event the rate set
17under federal regulations increases or decreases during the
18course of the State's fiscal year, the effective date of the
19new rate shall be the effective date of the change in the
20federal rate.
21    (c) Rates for reimbursement of expenses other than mileage
22shall not exceed the actual cost of travel as determined by the
23United States Internal Revenue Service.
24    (d) Reimbursements to travelers shall be made pursuant to
25the rates and regulations applicable to the respective State
26agency as of the effective date of this amendatory Act, until

 

 

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1the State Travel Regulations and Reimbursement Rates
2established by this Section are adopted and effective.
3    (e) Lodging in Cook County, Illinois and the District of
4Columbia shall be reimbursed at the maximum lodging rate in
5effect under regulations promulgated pursuant to 5 U.S.C.
65701-5709. For purposes of this subsection (e), the District
7of Columbia shall include the cities and counties included in
8the per diem locality of the District of Columbia, as defined
9by the regulations in effect promulgated pursuant to 5 U.S.C.
105701-5709. Individual travel control boards may set a lodging
11reimbursement rate more restrictive than the rate set forth in
12the federal regulations.
13    (f) Notwithstanding any other law, travel reimbursement
14rates for lodging and mileage for automobile travel, as well
15as allowances for meals, shall be set for public institutions
16of higher education at the maximum rates established by the
17federal government for travel expenses, subsistence expenses,
18and mileage allowances under 5 U.S.C. Subchapter I and
19regulations promulgated thereunder. If a rate set under
20federal regulations increases or decreases in the course of
21the State's fiscal year, the effective date of the new rate
22shall be the effective date of the change in the federal rate.
23(Source: P.A. 96-240, eff. 1-1-10.)
 
24    Section 15. The Illinois Procurement Code is amended by
25changing Sections 1-13, 1-15.93, 15-25, 20-20, 20-30, 25-90,

 

 

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130-30, 33-5, 33-50, 50-35, and 55-25 as follows:
 
2    (30 ILCS 500/1-13)
3    Sec. 1-13. Applicability to public institutions of higher
4education.
5    (a) This Code shall apply to public institutions of higher
6education, regardless of the source of the funds with which
7contracts are paid, except as provided in this Section.
8    (b) Except as provided in this Section, this Code shall
9not apply to procurements made by or on behalf of public
10institutions of higher education for any of the following:
11        (1) Memberships in professional, academic, research,
12    or athletic organizations on behalf of a public
13    institution of higher education, an employee of a public
14    institution of higher education, or a student at a public
15    institution of higher education.
16        (2) Procurement expenditures for events or activities
17    paid for exclusively by revenues generated by the event or
18    activity, gifts or donations for the event or activity,
19    private grants, or any combination thereof.
20        (3) Procurement expenditures for events or activities
21    for which the use of specific potential contractors is
22    mandated or identified by the sponsor of the event or
23    activity, provided that the sponsor is providing a
24    majority of the funding for the event or activity.
25        (4) Procurement expenditures necessary to provide

 

 

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1    athletic, artistic or musical services, performances,
2    events, or productions by or for a public institution of
3    higher education.
4        (5) Procurement expenditures for periodicals, books,
5    subscriptions, database licenses, and other publications
6    procured for use by a university library or academic
7    department, except for expenditures related to procuring
8    textbooks for student use or materials for resale or
9    rental.
10        (6) Procurement expenditures for placement of students
11    in externships, practicums, field experiences, and for
12    medical residencies and rotations.
13        (7) Contracts for programming and broadcast license
14    rights for university-operated radio and television
15    stations.
16        (8) Procurement expenditures necessary to perform
17    sponsored research and other sponsored activities under
18    grants and contracts funded by the sponsor or by sources
19    other than State appropriations.
20        (9) Contracts with a foreign entity for research or
21    educational activities, provided that the foreign entity
22    either does not maintain an office in the United States or
23    is the sole source of the service or product.
24        (10) Procurement expenditures for any ongoing software
25    license or maintenance agreement or competitively
26    solicited software purchase, when the software, license,

 

 

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1    or maintenance agreement is available through only the
2    software creator or its manufacturer and not a reseller.
3        (11) Procurement expenditures incurred outside of the
4    United States for the recruitment of international
5    students.
6Notice of each contract with an annual value of more than
7$100,000 entered into by a public institution of higher
8education that is related to the procurement of goods and
9services identified in items (1) through (11) (9) of this
10subsection shall be published in the Procurement Bulletin
11within 14 calendar days after contract execution. The Chief
12Procurement Officer shall prescribe the form and content of
13the notice. Each public institution of higher education shall
14provide the Chief Procurement Officer, on a monthly basis, in
15the form and content prescribed by the Chief Procurement
16Officer, a report of contracts that are related to the
17procurement of goods and services identified in this
18subsection. At a minimum, this report shall include the name
19of the contractor, a description of the supply or service
20provided, the total amount of the contract, the term of the
21contract, and the exception to the Code utilized. A copy of any
22or all of these contracts shall be made available to the Chief
23Procurement Officer immediately upon request. The Chief
24Procurement Officer shall submit a report to the Governor and
25General Assembly no later than November 1 of each year that
26shall include, at a minimum, an annual summary of the monthly

 

 

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1information reported to the Chief Procurement Officer.
2    (b-5) Except as provided in this subsection, the
3provisions of this Code shall not apply to contracts for
4medical supplies or , and to contracts for medical services
5necessary for the delivery of care and treatment at medical,
6dental, or veterinary teaching facilities used utilized by
7Southern Illinois University or the University of Illinois or
8and at any university-operated health care center or
9dispensary that provides care, treatment, and medications for
10students, faculty, and staff. Furthermore, the provisions of
11this Code do not apply to the procurement by such a facility of
12any additional supplies or services that the operator of the
13facility deems necessary for the effective use and functioning
14of the medical supplies or services that are otherwise exempt
15from this Code under this subsection (b-5). However, other
16Other supplies and services needed for these teaching
17facilities shall be subject to the jurisdiction of the Chief
18Procurement Officer for Public Institutions of Higher
19Education who may establish expedited procurement procedures
20and may waive or modify certification, contract, hearing,
21process and registration requirements required by the Code.
22All procurements made under this subsection shall be
23documented and may require publication in the Illinois
24Procurement Bulletin.
25    (b-10) Procurements made by or on behalf of the University
26of Illinois for investment services scheduled to expire June

 

 

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12022 may be entered into or renewed extended through June 2024
2without being subject to the requirements of this Code. Notice
3of intent to renew a contract shall be published in the
4Illinois Public Higher Education Procurement Bulletin at least
514 days prior to the execution of a renewal, and the University
6of Illinois shall hold a public hearing for interested parties
7to provide public comment. Any contract extended, renewed, or
8entered pursuant to this exception shall be published in on
9the Illinois Public Higher Education Procurement Bulletin
10Executive Ethics Commission's website within 5 days of
11contract execution. This subsection is inoperative on and
12after July 1, 2024.
13    (c) Procurements made by or on behalf of public
14institutions of higher education for the fulfillment of a
15grant shall be made in accordance with the requirements of
16this Code to the extent practical.
17    Upon the written request of a public institution of higher
18education, the Chief Procurement Officer may waive contract,
19registration, certification, and hearing requirements of this
20Code if, based on the item to be procured or the terms of a
21grant, compliance is impractical. The public institution of
22higher education shall provide the Chief Procurement Officer
23with specific reasons for the waiver, including the necessity
24of contracting with a particular potential contractor, and
25shall certify that an effort was made in good faith to comply
26with the provisions of this Code. The Chief Procurement

 

 

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1Officer shall provide written justification for any waivers.
2By November 1 of each year, the Chief Procurement Officer
3shall file a report with the General Assembly identifying each
4contract approved with waivers and providing the justification
5given for any waivers for each of those contracts. Notice of
6each waiver made under this subsection shall be published in
7the Procurement Bulletin within 14 calendar days after
8contract execution. The Chief Procurement Officer shall
9prescribe the form and content of the notice.
10    (d) Notwithstanding this Section, a waiver of the
11registration requirements of Section 20-160 does not permit a
12business entity and any affiliated entities or affiliated
13persons to make campaign contributions if otherwise prohibited
14by Section 50-37. The total amount of contracts awarded in
15accordance with this Section shall be included in determining
16the aggregate amount of contracts or pending bids of a
17business entity and any affiliated entities or affiliated
18persons.
19    (e) Notwithstanding subsection (e) of Section 50-10.5 of
20this Code, the Chief Procurement Officer, with the approval of
21the Executive Ethics Commission, may permit a public
22institution of higher education to accept a bid or enter into a
23contract with a business that assisted the public institution
24of higher education in determining whether there is a need for
25a contract or assisted in reviewing, drafting, or preparing
26documents related to a bid or contract, provided that the bid

 

 

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1or contract is essential to research administered by the
2public institution of higher education and it is in the best
3interest of the public institution of higher education to
4accept the bid or contract. For purposes of this subsection,
5"business" includes all individuals with whom a business is
6affiliated, including, but not limited to, any officer, agent,
7employee, consultant, independent contractor, director,
8partner, manager, or shareholder of a business. The Executive
9Ethics Commission may promulgate rules and regulations for the
10implementation and administration of the provisions of this
11subsection (e).
12    (f) As used in this Section:
13    "Grant" means non-appropriated funding provided by a
14federal or private entity to support a project or program
15administered by a public institution of higher education and
16any non-appropriated funding provided to a sub-recipient of
17the grant.
18    "Public institution of higher education" means Chicago
19State University, Eastern Illinois University, Governors State
20University, Illinois State University, Northeastern Illinois
21University, Northern Illinois University, Southern Illinois
22University, University of Illinois, Western Illinois
23University, and, for purposes of this Code only, the Illinois
24Mathematics and Science Academy.
25    (g) (Blank).
26    (h) The General Assembly finds and declares that:

 

 

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1        (1) Public Act 98-1076, which took effect on January
2    1, 2015, changed the repeal date set for this Section from
3    December 31, 2014 to December 31, 2016.
4        (2) The Statute on Statutes sets forth general rules
5    on the repeal of statutes and the construction of multiple
6    amendments, but Section 1 of that Act also states that
7    these rules will not be observed when the result would be
8    "inconsistent with the manifest intent of the General
9    Assembly or repugnant to the context of the statute".
10        (3) This amendatory Act of the 100th General Assembly
11    manifests the intention of the General Assembly to remove
12    the repeal of this Section.
13        (4) This Section was originally enacted to protect,
14    promote, and preserve the general welfare. Any
15    construction of this Section that results in the repeal of
16    this Section on December 31, 2014 would be inconsistent
17    with the manifest intent of the General Assembly and
18    repugnant to the context of this Code.
19    It is hereby declared to have been the intent of the
20General Assembly that this Section not be subject to repeal on
21December 31, 2014.
22    This Section shall be deemed to have been in continuous
23effect since December 20, 2011 (the effective date of Public
24Act 97-643), and it shall continue to be in effect
25henceforward until it is otherwise lawfully repealed. All
26previously enacted amendments to this Section taking effect on

 

 

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1or after December 31, 2014, are hereby validated.
2    All actions taken in reliance on or pursuant to this
3Section by any public institution of higher education, person,
4or entity are hereby validated.
5    In order to ensure the continuing effectiveness of this
6Section, it is set forth in full and re-enacted by this
7amendatory Act of the 100th General Assembly. This
8re-enactment is intended as a continuation of this Section. It
9is not intended to supersede any amendment to this Section
10that is enacted by the 100th General Assembly.
11    In this amendatory Act of the 100th General Assembly, the
12base text of the reenacted Section is set forth as amended by
13Public Act 98-1076. Striking and underscoring is used only to
14show changes being made to the base text.
15    This Section applies to all procurements made on or before
16the effective date of this amendatory Act of the 100th General
17Assembly.
18(Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21;
19102-721, eff. 5-6-22.)
 
20    (30 ILCS 500/1-15.93)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 1-15.93. Single prime. "Single prime" means the
23design-bid-build procurement delivery method for a building
24construction project in which the Capital Development Board or
25a public institution of higher education, as defined in

 

 

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1Section 1-13 of this Code, is the construction agency
2procuring 2 or more subdivisions of work enumerated in
3paragraphs (1) through (5) of subsection (a) of Section 30-30
4of this Code under a single contract. This Section is repealed
5on January 1, 2026 2024.
6(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
7102-671, eff. 11-30-21.)
 
8    (30 ILCS 500/15-25)
9    Sec. 15-25. Bulletin content.
10    (a) Invitations for bids. Notice of each and every
11contract that is offered, including renegotiated contracts and
12change orders, shall be published in the Bulletin. The
13applicable chief procurement officer may provide by rule an
14organized format for the publication of this information, but
15in any case it must include at least the date first offered,
16the date submission of offers is due, the location that offers
17are to be submitted to, the purchasing State agency, the
18responsible State purchasing officer, a brief purchase
19description, the method of source selection, information of
20how to obtain a comprehensive purchase description and any
21disclosure and contract forms, and encouragement to potential
22contractors to hire qualified veterans, as defined by Section
2345-67 of this Code, and qualified Illinois minorities, women,
24persons with disabilities, and residents discharged from any
25Illinois adult correctional center.

 

 

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1    (a-5) All businesses listed on the Illinois Unified
2Certification Program Disadvantaged Business Enterprise
3Directory, the Business Enterprise Program of the Department
4of Central Management Services, and any small business
5database created pursuant to Section 45-45 of this Code shall
6be furnished written instructions and information on how to
7register for the Illinois Procurement Bulletin. This
8information shall be provided to each business within 30
9calendar days after the business's notice of certification or
10qualification.
11    (b) Contracts let. Notice of each and every contract that
12is let, including renegotiated contracts and change orders,
13shall be issued electronically to those bidders submitting
14responses to the solicitations, inclusive of the unsuccessful
15bidders, immediately upon contract let. Failure of any chief
16procurement officer to give such notice shall result in
17tolling the time for filing a bid protest up to 7 calendar
18days.
19    For purposes of this subsection (b), "contracts let" means
20a construction agency's act of advertising an invitation for
21bids for one or more construction projects.
22    (b-5) Contracts awarded. Notice of each and every contract
23that is awarded, including renegotiated contracts and change
24orders, shall be issued electronically to the successful
25responsible bidder, offeror, or contractor and published in
26the Bulletin. The applicable chief procurement officer may

 

 

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1provide by rule an organized format for the publication of
2this information, but in any case it must include at least all
3of the information specified in subsection (a) as well as the
4name of the successful responsible bidder, offeror, the
5contract price, the number of unsuccessful bidders or offerors
6and any other disclosure specified in any Section of this
7Code. This notice must be posted in the online electronic
8Bulletin prior to execution of the contract.
9    For purposes of this subsection (b-5), "contract award"
10means the determination that a particular bidder or offeror
11has been selected from among other bidders or offerors to
12receive a contract, subject to the successful completion of
13final negotiations. "Contract award" is evidenced by the
14posting of a Notice of Award or a Notice of Intent to Award to
15the respective volume of the Illinois Procurement Bulletin.
16    (c) Emergency purchase disclosure. Any chief procurement
17officer or State purchasing officer exercising emergency
18purchase authority under this Code shall publish a written
19description and reasons and the total cost, if known, or an
20estimate if unknown and the name of the responsible chief
21procurement officer and State purchasing officer, and the
22business or person contracted with for all emergency purchases
23in the Bulletin. The notice for an emergency procurement other
24than the extension of an emergency contract This notice must
25be posted in the online electronic Bulletin no later than 5
26calendar days after the contract is awarded, and notice for

 

 

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1the extension of an emergency contract must be posted in the
2online electronic Bulletin no later than 7 calendar days after
3the extension is executed. Notice of a hearing to extend an
4emergency contract must be posted in the online electronic
5Procurement Bulletin no later than 14 calendar days prior to
6the hearing.
7    (c-5) Business Enterprise Program report. Each purchasing
8agency shall, with the assistance of the applicable chief
9procurement officer, post in the online electronic Bulletin a
10copy of its annual report of utilization of businesses owned
11by minorities, women, and persons with disabilities as
12submitted to the Business Enterprise Council for Minorities,
13Women, and Persons with Disabilities pursuant to Section 6(c)
14of the Business Enterprise for Minorities, Women, and Persons
15with Disabilities Act within 10 calendar days after its
16submission of its report to the Council.
17    (c-10) Renewals. Notice of each contract renewal shall be
18posted in the Bulletin within 14 calendar days of the
19determination to execute a renewal of the contract. The notice
20shall include at least all of the information required in
21subsection (a) or (b), as applicable.
22    (c-15) Sole source procurements. Before entering into a
23sole source contract, a chief procurement officer exercising
24sole source procurement authority under this Code shall
25publish a written description of intent to enter into a sole
26source contract along with a description of the item to be

 

 

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1procured and the intended sole source contractor. This notice
2must be posted in the online electronic Procurement Bulletin
3before a sole source contract is awarded and at least 14
4calendar days before the hearing required by Section 20-25.
5    (d) Other required disclosure. The applicable chief
6procurement officer shall provide by rule for the organized
7publication of all other disclosure required in other Sections
8of this Code in a timely manner.
9    (e) The changes to subsections (b), (c), (c-5), (c-10),
10and (c-15) of this Section made by Public Act 96-795 apply to
11reports submitted, offers made, and notices on contracts
12executed on or after July 1, 2010 (the effective date of Public
13Act 96-795). The changes made to subsection (c) by this
14amendatory Act of the 102nd General Assembly apply only to
15emergency contract extensions executed on or after the
16effective date of this amendatory Act of the 102nd General
17Assembly.
18    (f) Each chief procurement officer shall, in consultation
19with the agencies under his or her jurisdiction, provide the
20Procurement Policy Board with the information and resources
21necessary, and in a manner, to effectuate the purpose of
22Public Act 96-1444.
23(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
24100-863, eff. 8-14-18.)
 
25    (30 ILCS 500/20-20)

 

 

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1    (Text of Section before amendment by P.A. 102-721)
2    Sec. 20-20. Small purchases.
3    (a) Amount. Any individual procurement of supplies or
4services not exceeding $100,000 and any procurement of
5construction not exceeding $100,000, or any individual
6procurement of professional or artistic services not exceeding
7$100,000 may be made without competitive source selection.
8Procurements shall not be artificially divided so as to
9constitute a small purchase under this Section. Any
10procurement of construction not exceeding $100,000 may be made
11by an alternative competitive source selection. The
12construction agency shall establish rules for an alternative
13competitive source selection process. This Section does not
14apply to construction-related professional services contracts
15awarded in accordance with the provisions of the
16Architectural, Engineering, and Land Surveying Qualifications
17Based Selection Act.
18    (b) Adjustment. Each July 1, the small purchase maximum
19established in subsection (a) shall be adjusted for inflation
20as determined by the Consumer Price Index for All Urban
21Consumers as determined by the United States Department of
22Labor and rounded to the nearest $100.
23    (c) Based upon rules proposed by the Board and rules
24promulgated by the chief procurement officers, the small
25purchase maximum established in subsection (a) may be
26modified.

 

 

10200HB4285sam002- 22 -LRB102 21927 JDS 41992 a

1(Source: P.A. 100-43, eff. 8-9-17.)
 
2    (Text of Section after amendment by P.A. 102-721)
3    Sec. 20-20. Small purchases.
4    (a) Amount. Any individual procurement of supplies or
5services not exceeding $100,000 and any procurement of
6construction not exceeding $250,000 $100,000, or any
7individual procurement of professional or artistic services
8not exceeding $100,000 may be made without competitive source
9selection. Procurements shall not be artificially divided so
10as to constitute a small purchase under this Section. Any
11procurement of construction not exceeding $250,000 $100,000
12may be made by an alternative competitive source selection.
13The construction agency shall establish rules for an
14alternative competitive source selection process. This Section
15does not apply to construction-related professional services
16contracts awarded in accordance with the provisions of the
17Architectural, Engineering, and Land Surveying Qualifications
18Based Selection Act.
19    (b) Adjustment. Each July 1, the small purchase maximum
20established in subsection (a) shall be adjusted for inflation
21as determined by the Consumer Price Index for All Urban
22Consumers as determined by the United States Department of
23Labor and rounded to the nearest $100.
24    (c) Based upon rules proposed by the Board and rules
25promulgated by the chief procurement officers, the small

 

 

10200HB4285sam002- 23 -LRB102 21927 JDS 41992 a

1purchase maximum established in subsection (a) may be
2modified.
3    (d) Certification. All small purchases with an annual
4value that exceeds $50,000 shall be accompanied by Standard
5Illinois Certifications in a form prescribed by each Chief
6Procurement Officer.
7(Source: P.A. 102-721, eff. 1-1-23.)
 
8    (30 ILCS 500/20-30)
9    Sec. 20-30. Emergency purchases.
10    (a) Conditions for use. In accordance with standards set
11by rule, a purchasing agency may make emergency procurements
12without competitive sealed bidding or prior notice when there
13exists a threat to public health or public safety, or when
14immediate expenditure is necessary for repairs to State
15property in order to protect against further loss of or damage
16to State property, to prevent or minimize serious disruption
17in critical State services that affect health, safety, or
18collection of substantial State revenues, or to ensure the
19integrity of State records; provided, however, that the term
20of the emergency purchase shall be limited to the time
21reasonably needed for a competitive procurement, not to exceed
2290 calendar days. A contract may be extended beyond 90
23calendar days with the approval of if the chief procurement
24officer determines additional time is necessary and that the
25contract scope and duration are limited to the emergency.

 

 

10200HB4285sam002- 24 -LRB102 21927 JDS 41992 a

1Prior to execution of the extension, the chief procurement
2officer shall receive must hold a public hearing and provide
3written justification for the extension all emergency
4contracts. The duration of the extension shall be limited to
5the scope of the emergency. Members of the public may present
6testimony. Emergency procurements shall be made with as much
7competition as is practicable under the circumstances, and
8agencies shall use utilize best efforts to include contractors
9certified under the Business Enterprise Program in the
10agencies' its emergency procurement process. A written
11description of the basis for the emergency and reasons for the
12selection of the particular contractor shall be included in
13the contract file.
14    (b) Notice. Notice of all emergency procurements shall be
15provided to the Procurement Policy Board and the Commission on
16Equity and Inclusion and published in the online electronic
17Bulletin no later than 5 calendar days after the contract is
18awarded. Notice of the extension of intent to extend an
19emergency contract shall be provided to the Procurement Policy
20Board and the Commission on Equity and Inclusion and published
21in the online electronic Bulletin no later than 7 calendar
22days after the extension is executed at least 14 calendar days
23before the public hearing. Notice shall include at least a
24description of the need for the emergency purchase and , the
25contractor, and if applicable, the date, time, and location of
26the public hearing. A copy of this notice and all documents

 

 

10200HB4285sam002- 25 -LRB102 21927 JDS 41992 a

1provided at the hearing shall be included in the subsequent
2Procurement Bulletin. Before the next appropriate volume of
3the Illinois Procurement Bulletin, the purchasing agency shall
4publish in the Illinois Procurement Bulletin a copy of each
5written description and reasons and the total cost of each
6emergency procurement made during the previous month. When
7only an estimate of the total cost is known at the time of
8publication, the estimate shall be identified as an estimate
9and published. When the actual total cost is determined, it
10shall also be published in like manner before the 10th day of
11the next succeeding month.
12    (c) Statements. A chief procurement officer making a
13procurement under this Section shall file statements with the
14Procurement Policy Board, the Commission on Equity and
15Inclusion, and the Auditor General within 10 calendar days
16after the procurement setting forth the amount expended, the
17name of the contractor involved, and the conditions and
18circumstances requiring the emergency procurement. When only
19an estimate of the cost is available within 10 calendar days
20after the procurement, the actual cost shall be reported
21immediately after it is determined. At the end of each fiscal
22quarter, the Auditor General shall file with the Legislative
23Audit Commission and the Governor a complete listing of all
24emergency procurements reported during that fiscal quarter.
25The Legislative Audit Commission shall review the emergency
26procurements so reported and, in its annual reports, advise

 

 

10200HB4285sam002- 26 -LRB102 21927 JDS 41992 a

1the General Assembly of procurements that appear to constitute
2an abuse of this Section.
3    (d) Quick purchases. The chief procurement officer may
4promulgate rules extending the circumstances by which a
5purchasing agency may make purchases under this Section,
6including but not limited to the procurement of items
7available at a discount for a limited period of time.
8    (d-5) The chief procurement officer shall adopt rules
9regarding the use of contractors certified in the Business
10Enterprise Program in emergency and quick purchase
11procurements.
12    (e) The changes to this Section made by this amendatory
13Act of the 102nd 96th General Assembly apply to procurements
14executed on or after its effective date.
15(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
 
16    (30 ILCS 500/25-90)
17    (This Section may contain text from a Public Act with a
18delayed effective date)
19    Sec. 25-90. Prohibited and authorized cybersecurity
20Cybersecurity prohibited products. State agencies are
21prohibited from purchasing any products that, due to
22cybersecurity risks, are prohibited for purchase by federal
23agencies pursuant to a United States Department of Homeland
24Security Binding Operational Directive. However, a State
25agency or public institution of higher education may purchase

 

 

10200HB4285sam002- 27 -LRB102 21927 JDS 41992 a

1those offerings that are included in the Authorized Product
2List maintained by StateRAMP and that have been verified by
3StateRAMP as having an authorized security status.
4(Source: P.A. 102-753, eff. 1-1-23.)
 
5    (30 ILCS 500/30-30)
6    Sec. 30-30. Design-bid-build construction.
7    (a) The provisions of this subsection are operative
8through December 31, 2025 2023.
9    Except as provided in subsection (a-5), for For building
10construction contracts in excess of $250,000, separate
11specifications may be prepared for all equipment, labor, and
12materials in connection with the following 5 subdivisions of
13the work to be performed:
14        (1) plumbing;
15        (2) heating, piping, refrigeration, and automatic
16    temperature control systems, including the testing and
17    balancing of those systems;
18        (3) ventilating and distribution systems for
19    conditioned air, including the testing and balancing of
20    those systems;
21        (4) electric wiring; and
22        (5) general contract work.
23    Except as provided in subsection (a-5), the The
24specifications may be so drawn as to permit separate and
25independent bidding upon each of the 5 subdivisions of work.

 

 

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1All contracts awarded for any part thereof may award the 5
2subdivisions of work separately to responsible and reliable
3persons, firms, or corporations engaged in these classes of
4work. The contracts, at the discretion of the construction
5agency, may be assigned to the successful bidder on the
6general contract work or to the successful bidder on the
7subdivision of work designated by the construction agency
8before the bidding as the prime subdivision of work, provided
9that all payments will be made directly to the contractors for
10the 5 subdivisions of work upon compliance with the conditions
11of the contract.
12    Beginning on the effective date of this amendatory Act of
13the 101st General Assembly and through December 31, 2025 2023,
14for single prime projects: (i) the bid of the successful low
15bidder shall identify the name of the subcontractor, if any,
16and the bid proposal costs for each of the 5 subdivisions of
17work set forth in this Section; (ii) the contract entered into
18with the successful bidder shall provide that no identified
19subcontractor may be terminated without the written consent of
20the Capital Development Board; (iii) the contract shall comply
21with the disadvantaged business practices of the Business
22Enterprise for Minorities, Women, and Persons with
23Disabilities Act and the equal employment practices of Section
242-105 of the Illinois Human Rights Act; and (iv) the Capital
25Development Board shall submit an annual report to the General
26Assembly and Governor on the bidding, award, and performance

 

 

10200HB4285sam002- 29 -LRB102 21927 JDS 41992 a

1of all single prime projects.
2    For building construction projects with a total
3construction cost valued at $5,000,000 or less, the Capital
4Development Board shall not use the single prime procurement
5delivery method for more than 50% of the total number of
6projects bid for each fiscal year. Any project with a total
7construction cost valued greater than $5,000,000 may be bid
8using single prime at the discretion of the Executive Director
9of the Capital Development Board.
10    (a-5) Beginning on the effective date of this amendatory
11Act of the 102nd General Assembly and through December 31,
122025, for single prime projects in which a public institution
13of higher education is a construction agency awarding building
14construction contracts in excess of $250,000, separate
15specifications may be prepared for all equipment, labor, and
16materials in connection with the 5 subdivisions of work
17enumerated in subsection (a). Any public institution of higher
18education contract awarded for any part thereof may award 2 or
19more of the 5 subdivisions of work together or separately to
20responsible and reliable persons, firms, or corporations
21engaged in these classes of work if: (i) the public
22institution of higher education has submitted to the
23Procurement Policy Board and the Commission on Equity and
24Inclusion a written notice that includes the reasons for using
25the single prime method and an explanation of why the use of
26that method is in the best interest of the State and arranges

 

 

10200HB4285sam002- 30 -LRB102 21927 JDS 41992 a

1to have the notice posted on the institution's online
2procurement webpage and its online procurement bulletin at
3least 3 business days following submission to the Procurement
4Policy Board and the Commission on Equity and Inclusion; (ii)
5the successful low bidder has prequalified with the public
6institution of higher education; (iii) the bid of the
7successful low bidder identifies the name of the
8subcontractor, if any, and the bid proposal costs for each of
9the 5 subdivisions of work set forth in subsection (a); (iv)
10the contract entered into with the successful bidder provides
11that no identified subcontractor may be terminated without the
12written consent of the public institution of higher education;
13and (v) the successful low bidder has prequalified with the
14University of Illinois or with the Capital Development Board.
15    For building construction projects with a total
16construction cost valued at $20,000,000 or less, public
17institutions of higher education shall not use the single
18prime delivery method for more than 50% of the total number of
19projects bid for each fiscal year. Projects with a total
20construction cost valued at $20,000,000 or more may be bid
21using the single prime delivery method at the discretion of
22the public institution of higher education. With respect to
23any construction project described in this subsection (a-5),
24the public institution of higher education shall: (i) specify
25in writing as a public record that the project shall comply
26with the Business Enterprise for Minorities, Women, and

 

 

10200HB4285sam002- 31 -LRB102 21927 JDS 41992 a

1Persons with Disabilities Act and the equal employment
2practices of Section 2-105 of the Illinois Human Rights Act;
3and (ii) report annually to the Governor, General Assembly,
4Procurement Policy Board, and Auditor General on the bidding,
5award, and performance of all single prime projects. On and
6after the effective date of this amendatory Act of the 102nd
7General Assembly, the public institution of higher education
8may award in each fiscal year single prime contracts with an
9aggregate total value of no more than $100,000,000. The Board
10of Trustees of the University of Illinois may award in each
11fiscal year single prime contracts with an aggregate total
12value of not more than $300,000,000.
13    (b) The provisions of this subsection are operative on and
14after January 1, 2026 2024. For building construction
15contracts in excess of $250,000, separate specifications shall
16be prepared for all equipment, labor, and materials in
17connection with the following 5 subdivisions of the work to be
18performed:
19        (1) plumbing;
20        (2) heating, piping, refrigeration, and automatic
21    temperature control systems, including the testing and
22    balancing of those systems;
23        (3) ventilating and distribution systems for
24    conditioned air, including the testing and balancing of
25    those systems;
26        (4) electric wiring; and

 

 

10200HB4285sam002- 32 -LRB102 21927 JDS 41992 a

1        (5) general contract work.
2    The specifications must be so drawn as to permit separate
3and independent bidding upon each of the 5 subdivisions of
4work. All contracts awarded for any part thereof shall award
5the 5 subdivisions of work separately to responsible and
6reliable persons, firms, or corporations engaged in these
7classes of work. The contracts, at the discretion of the
8construction agency, may be assigned to the successful bidder
9on the general contract work or to the successful bidder on the
10subdivision of work designated by the construction agency
11before the bidding as the prime subdivision of work, provided
12that all payments will be made directly to the contractors for
13the 5 subdivisions of work upon compliance with the conditions
14of the contract.
15(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
16102-671, eff. 11-30-21.)
 
17    (30 ILCS 500/33-5)
18    Sec. 33-5. Definitions. In this Article:
19    "Construction management services" includes:
20        (1) services provided in the planning and
21    pre-construction phases of a construction project
22    including, but not limited to, consulting with, advising,
23    assisting, and making recommendations to the Capital
24    Development Board and architect, engineer, or licensed
25    land surveyor on all aspects of planning for project

 

 

10200HB4285sam002- 33 -LRB102 21927 JDS 41992 a

1    construction; reviewing all plans and specifications as
2    they are being developed and making recommendations with
3    respect to construction feasibility, availability of
4    material and labor, time requirements for procurement and
5    construction, and projected costs; making, reviewing, and
6    refining budget estimates based on the Board's program and
7    other available information; making recommendations to the
8    Board and the architect or engineer regarding the division
9    of work in the plans and specifications to facilitate the
10    bidding and awarding of contracts; soliciting the interest
11    of capable contractors and taking bids on the project;
12    analyzing the bids received; and preparing and maintaining
13    a progress schedule during the design phase of the project
14    and preparation of a proposed construction schedule; and
15        (2) services provided in the construction phase of the
16    project including, but not limited to, maintaining
17    competent supervisory staff to coordinate and provide
18    general direction of the work and progress of the
19    contractors on the project; directing the work as it is
20    being performed for general conformance with working
21    drawings and specifications; establishing procedures for
22    coordinating among the Board, architect or engineer,
23    contractors, and construction manager with respect to all
24    aspects of the project and implementing those procedures;
25    maintaining job site records and making appropriate
26    progress reports; implementing labor policy in conformance

 

 

10200HB4285sam002- 34 -LRB102 21927 JDS 41992 a

1    with the requirements of the public owner; reviewing the
2    safety and equal opportunity programs of each contractor
3    for conformance with the public owner's policy and making
4    recommendations; reviewing and processing all applications
5    for payment by involved contractors and material suppliers
6    in accordance with the terms of the contract; making
7    recommendations and processing requests for changes in the
8    work and maintaining records of change orders; scheduling
9    and conducting job meetings to ensure orderly progress of
10    the work; developing and monitoring a project progress
11    schedule, coordinating and expediting the work of all
12    contractors and providing periodic status reports to the
13    owner and the architect or engineer; and establishing and
14    maintaining a cost control system and conducting meetings
15    to review costs.
16    "Construction manager" means any individual, sole
17proprietorship, firm, partnership, corporation, or other legal
18entity providing construction management services for the
19Board and prequalified by the State in accordance with 30 ILCS
20500/33-10.
21    "Board" means the Capital Development Board or, to the
22extent that the services are to be procured for a public
23institution of higher education, the public institution of
24higher education.
25(Source: P.A. 94-532, eff. 8-10-05.)
 

 

 

10200HB4285sam002- 35 -LRB102 21927 JDS 41992 a

1    (30 ILCS 500/33-50)
2    Sec. 33-50. Duties of construction manager; additional
3requirements for persons performing construction work.
4    (a) Upon the award of a construction management services
5contract, a construction manager must contract with the Board
6to furnish his or her skill and judgment in cooperation with,
7and reliance upon, the services of the project architect or
8engineer. The construction manager must furnish business
9administration, management of the construction process, and
10other specified services to the Board and must perform his or
11her obligations in an expeditious and economical manner
12consistent with the interest of the Board. If it is in the
13State's best interest, the construction manager may provide or
14perform basic services for which reimbursement is provided in
15the general conditions to the construction management services
16contract.
17    (b) The actual construction work on the project must be
18awarded to contractors under this Code. The Capital
19Development Board may further separate additional divisions of
20work under this Article. This subsection is subject to the
21applicable provisions of the following Acts:
22        (1) the Prevailing Wage Act;
23        (2) the Public Construction Bond Act;
24        (3) the Public Works Employment Discrimination Act;
25        (4) the Public Works Preference Act (repealed on June
26    16, 2010 by Public Act 96-929);

 

 

10200HB4285sam002- 36 -LRB102 21927 JDS 41992 a

1        (5) the Employment of Illinois Workers on Public Works
2    Act;
3        (6) the Public Contract Fraud Act;
4        (7) (blank); and
5        (8) the Illinois Architecture Practice Act of 1989,
6    the Professional Engineering Practice Act of 1989, the
7    Illinois Professional Land Surveyor Act of 1989, and the
8    Structural Engineering Practice Act of 1989.
9(Source: P.A. 101-149, eff. 7-26-19.)
 
10    (30 ILCS 500/50-35)
11    (Text of Section before amendment by P.A. 102-721)
12    Sec. 50-35. Financial disclosure and potential conflicts
13of interest.
14    (a) All bids and offers from responsive bidders, offerors,
15vendors, or contractors with an annual value of more than
16$50,000, and all submissions to a vendor portal, shall be
17accompanied by disclosure of the financial interests of the
18bidder, offeror, potential contractor, or contractor and each
19subcontractor to be used. In addition, all subcontracts
20identified as provided by Section 20-120 of this Code with an
21annual value of more than $50,000 shall be accompanied by
22disclosure of the financial interests of each subcontractor.
23The financial disclosure of each successful bidder, offeror,
24potential contractor, or contractor and its subcontractors
25shall be incorporated as a material term of the contract and

 

 

10200HB4285sam002- 37 -LRB102 21927 JDS 41992 a

1shall become part of the publicly available contract or
2procurement file maintained by the appropriate chief
3procurement officer. Each disclosure under this Section shall
4be signed and made under penalty of perjury by an authorized
5officer or employee on behalf of the bidder, offeror,
6potential contractor, contractor, or subcontractor, and must
7be filed with the Procurement Policy Board and the Commission
8on Equity and Inclusion.
9    (b) Disclosure shall include any ownership or distributive
10income share that is in excess of 5%, or an amount greater than
1160% of the annual salary of the Governor, of the disclosing
12entity or its parent entity, whichever is less, unless the
13bidder, offeror, potential contractor, contractor, or
14subcontractor (i) is a publicly traded entity subject to
15Federal 10K reporting, in which case it may submit its 10K
16disclosure in place of the prescribed disclosure, or (ii) is a
17privately held entity that is exempt from Federal 10k
18reporting but has more than 100 shareholders, in which case it
19may submit the information that Federal 10k reporting
20companies are required to report under 17 CFR 229.401 and list
21the names of any person or entity holding any ownership share
22that is in excess of 5% in place of the prescribed disclosure.
23The form of disclosure shall be prescribed by the applicable
24chief procurement officer and must include at least the names,
25addresses, and dollar or proportionate share of ownership of
26each person identified in this Section, their instrument of

 

 

10200HB4285sam002- 38 -LRB102 21927 JDS 41992 a

1ownership or beneficial relationship, and notice of any
2potential conflict of interest resulting from the current
3ownership or beneficial relationship of each individual
4identified in this Section having in addition any of the
5following relationships:
6        (1) State employment, currently or in the previous 3
7    years, including contractual employment of services.
8        (2) State employment of spouse, father, mother, son,
9    or daughter, including contractual employment for services
10    in the previous 2 years.
11        (3) Elective status; the holding of elective office of
12    the State of Illinois, the government of the United
13    States, any unit of local government authorized by the
14    Constitution of the State of Illinois or the statutes of
15    the State of Illinois currently or in the previous 3
16    years.
17        (4) Relationship to anyone holding elective office
18    currently or in the previous 2 years; spouse, father,
19    mother, son, or daughter.
20        (5) Appointive office; the holding of any appointive
21    government office of the State of Illinois, the United
22    States of America, or any unit of local government
23    authorized by the Constitution of the State of Illinois or
24    the statutes of the State of Illinois, which office
25    entitles the holder to compensation in excess of expenses
26    incurred in the discharge of that office currently or in

 

 

10200HB4285sam002- 39 -LRB102 21927 JDS 41992 a

1    the previous 3 years.
2        (6) Relationship to anyone holding appointive office
3    currently or in the previous 2 years; spouse, father,
4    mother, son, or daughter.
5        (7) Employment, currently or in the previous 3 years,
6    as or by any registered lobbyist of the State government.
7        (8) Relationship to anyone who is or was a registered
8    lobbyist in the previous 2 years; spouse, father, mother,
9    son, or daughter.
10        (9) Compensated employment, currently or in the
11    previous 3 years, by any registered election or
12    re-election committee registered with the Secretary of
13    State or any county clerk in the State of Illinois, or any
14    political action committee registered with either the
15    Secretary of State or the Federal Board of Elections.
16        (10) Relationship to anyone; spouse, father, mother,
17    son, or daughter; who is or was a compensated employee in
18    the last 2 years of any registered election or re-election
19    committee registered with the Secretary of State or any
20    county clerk in the State of Illinois, or any political
21    action committee registered with either the Secretary of
22    State or the Federal Board of Elections.
23    (b-1) The disclosure required under this Section must also
24include the name and address of each lobbyist required to
25register under the Lobbyist Registration Act and other agent
26of the bidder, offeror, potential contractor, contractor, or

 

 

10200HB4285sam002- 40 -LRB102 21927 JDS 41992 a

1subcontractor who is not identified under subsections (a) and
2(b) and who has communicated, is communicating, or may
3communicate with any State officer or employee concerning the
4bid or offer. The disclosure under this subsection is a
5continuing obligation and must be promptly supplemented for
6accuracy throughout the process and throughout the term of the
7contract if the bid or offer is successful.
8    (b-2) The disclosure required under this Section must also
9include, for each of the persons identified in subsection (b)
10or (b-1), each of the following that occurred within the
11previous 10 years: suspension or debarment from contracting
12with any governmental entity; professional licensure
13discipline; bankruptcies; adverse civil judgments and
14administrative findings; and criminal felony convictions. The
15disclosure under this subsection is a continuing obligation
16and must be promptly supplemented for accuracy throughout the
17process and throughout the term of the contract if the bid or
18offer is successful.
19    (c) The disclosure in subsection (b) is not intended to
20prohibit or prevent any contract. The disclosure is meant to
21fully and publicly disclose any potential conflict to the
22chief procurement officers, State purchasing officers, their
23designees, and executive officers so they may adequately
24discharge their duty to protect the State.
25    (d) When a potential for a conflict of interest is
26identified, discovered, or reasonably suspected, the chief

 

 

10200HB4285sam002- 41 -LRB102 21927 JDS 41992 a

1procurement officer or State procurement officer shall send
2the contract to the Procurement Policy Board and the
3Commission on Equity and Inclusion. In accordance with the
4objectives of subsection (c), if the Procurement Policy Board
5or the Commission on Equity and Inclusion finds evidence of a
6potential conflict of interest not originally disclosed by the
7bidder, offeror, potential contractor, contractor, or
8subcontractor, the Board or the Commission on Equity and
9Inclusion shall provide written notice to the bidder, offeror,
10potential contractor, contractor, or subcontractor that is
11identified, discovered, or reasonably suspected of having a
12potential conflict of interest. The bidder, offeror, potential
13contractor, contractor, or subcontractor shall have 15
14calendar days to respond in writing to the Board or the
15Commission on Equity and Inclusion, and a hearing before the
16Board or the Commission on Equity and Inclusion will be
17granted upon request by the bidder, offeror, potential
18contractor, contractor, or subcontractor, at a date and time
19to be determined by the Board or the Commission on Equity and
20Inclusion, but which in no event shall occur later than 15
21calendar days after the date of the request. Upon
22consideration, the Board or the Commission on Equity and
23Inclusion shall recommend, in writing, whether to allow or
24void the contract, bid, offer, or subcontract weighing the
25best interest of the State of Illinois. All recommendations
26shall be submitted to the Executive Ethics Commission. The

 

 

10200HB4285sam002- 42 -LRB102 21927 JDS 41992 a

1Executive Ethics Commission must hold a public hearing within
230 calendar days after receiving the Board's or the Commission
3on Equity and Inclusion's recommendation if the Procurement
4Policy Board or the Commission on Equity and Inclusion makes a
5recommendation to (i) void a contract or (ii) void a bid or
6offer and the chief procurement officer selected or intends to
7award the contract to the bidder, offeror, or potential
8contractor. A chief procurement officer is prohibited from
9awarding a contract before a hearing if the Board or the
10Commission on Equity and Inclusion recommendation does not
11support a bid or offer. The recommendation and proceedings of
12any hearing, if applicable, shall be available to the public.
13    (e) These thresholds and disclosure do not relieve the
14chief procurement officer, the State purchasing officer, or
15their designees from reasonable care and diligence for any
16contract, bid, offer, or submission to a vendor portal. The
17chief procurement officer, the State purchasing officer, or
18their designees shall be responsible for using any reasonably
19known and publicly available information to discover any
20undisclosed potential conflict of interest and act to protect
21the best interest of the State of Illinois.
22    (f) Inadvertent or accidental failure to fully disclose
23shall render the contract, bid, offer, proposal, subcontract,
24or relationship voidable by the chief procurement officer if
25he or she deems it in the best interest of the State of
26Illinois and, at his or her discretion, may be cause for

 

 

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1barring from future contracts, bids, offers, proposals,
2subcontracts, or relationships with the State for a period of
3up to 2 years.
4    (g) Intentional, willful, or material failure to disclose
5shall render the contract, bid, offer, proposal, subcontract,
6or relationship voidable by the chief procurement officer if
7he or she deems it in the best interest of the State of
8Illinois and shall result in debarment from future contracts,
9bids, offers, proposals, subcontracts, or relationships for a
10period of not less than 2 years and not more than 10 years.
11Reinstatement after 2 years and before 10 years must be
12reviewed and commented on in writing by the Governor of the
13State of Illinois, or by an executive ethics board or
14commission he or she might designate. The comment shall be
15returned to the responsible chief procurement officer who must
16rule in writing whether and when to reinstate.
17    (h) In addition, all disclosures shall note any other
18current or pending contracts, bids, offers, proposals,
19subcontracts, leases, or other ongoing procurement
20relationships the bidder, offeror, potential contractor,
21contractor, or subcontractor has with any other unit of State
22government and shall clearly identify the unit and the
23contract, offer, proposal, lease, or other relationship.
24    (i) The bidder, offeror, potential contractor, or
25contractor has a continuing obligation to supplement the
26disclosure required by this Section throughout the bidding

 

 

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1process during the term of any contract, and during the vendor
2portal registration process.
3(Source: P.A. 101-657, eff. 1-1-22.)
 
4    (Text of Section after amendment by P.A. 102-721)
5    Sec. 50-35. Financial disclosure and potential conflicts
6of interest.
7    (a) All bids and offers from responsive bidders, offerors,
8vendors, or contractors with an annual value that exceeds the
9small purchase threshold established under subsection (a) of
10Section 20-20 of this Code, and all submissions to a vendor
11portal, shall be accompanied by disclosure of the financial
12interests of the bidder, offeror, potential contractor, or
13contractor and each subcontractor to be used. In addition, all
14subcontracts identified as provided by Section 20-120 of this
15Code with an annual value that exceeds the small purchase
16threshold established under subsection (a) of Section 20-20 of
17this Code shall be accompanied by disclosure of the financial
18interests of each subcontractor. The financial disclosure of
19each successful bidder, offeror, potential contractor, or
20contractor and its subcontractors shall be incorporated as a
21material term of the contract and shall become part of the
22publicly available contract or procurement file maintained by
23the appropriate chief procurement officer. Each disclosure
24under this Section shall be signed and made under penalty of
25perjury by an authorized officer or employee on behalf of the

 

 

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1bidder, offeror, potential contractor, contractor, or
2subcontractor, and must be filed with the Procurement Policy
3Board and the Commission on Equity and Inclusion.
4    (b) Disclosure shall include any ownership or distributive
5income share that is in excess of 5%, or an amount greater than
660% of the annual salary of the Governor, of the disclosing
7entity or its parent entity, whichever is less, unless the
8bidder, offeror, potential contractor, contractor, or
9subcontractor (i) is a publicly traded entity subject to
10Federal 10K reporting, in which case it may submit its 10K
11disclosure in place of the prescribed disclosure, or (ii) is a
12privately held entity that is exempt from Federal 10k
13reporting but has more than 100 shareholders, in which case it
14may submit the information that Federal 10k reporting
15companies are required to report under 17 CFR 229.401 and list
16the names of any person or entity holding any ownership share
17that is in excess of 5% in place of the prescribed disclosure.
18The form of disclosure shall be prescribed by the applicable
19chief procurement officer and must include at least the names,
20addresses, and dollar or proportionate share of ownership of
21each person identified in this Section, their instrument of
22ownership or beneficial relationship, and notice of any
23potential conflict of interest resulting from the current
24ownership or beneficial relationship of each individual
25identified in this Section having in addition any of the
26following relationships:

 

 

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1        (1) State employment, currently or in the previous 3
2    years, including contractual employment of services.
3        (2) State employment of spouse, father, mother, son,
4    or daughter, including contractual employment for services
5    in the previous 2 years.
6        (3) Elective status; the holding of elective office of
7    the State of Illinois, the government of the United
8    States, any unit of local government authorized by the
9    Constitution of the State of Illinois or the statutes of
10    the State of Illinois currently or in the previous 3
11    years.
12        (4) Relationship to anyone holding elective office
13    currently or in the previous 2 years; spouse, father,
14    mother, son, or daughter.
15        (5) Appointive office; the holding of any appointive
16    government office of the State of Illinois, the United
17    States of America, or any unit of local government
18    authorized by the Constitution of the State of Illinois or
19    the statutes of the State of Illinois, which office
20    entitles the holder to compensation in excess of expenses
21    incurred in the discharge of that office currently or in
22    the previous 3 years.
23        (6) Relationship to anyone holding appointive office
24    currently or in the previous 2 years; spouse, father,
25    mother, son, or daughter.
26        (7) Employment, currently or in the previous 3 years,

 

 

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1    as or by any registered lobbyist of the State government.
2        (8) Relationship to anyone who is or was a registered
3    lobbyist in the previous 2 years; spouse, father, mother,
4    son, or daughter.
5        (9) Compensated employment, currently or in the
6    previous 3 years, by any registered election or
7    re-election committee registered with the Secretary of
8    State or any county clerk in the State of Illinois, or any
9    political action committee registered with either the
10    Secretary of State or the Federal Board of Elections.
11        (10) Relationship to anyone; spouse, father, mother,
12    son, or daughter; who is or was a compensated employee in
13    the last 2 years of any registered election or re-election
14    committee registered with the Secretary of State or any
15    county clerk in the State of Illinois, or any political
16    action committee registered with either the Secretary of
17    State or the Federal Board of Elections.
18    (b-1) The disclosure required under this Section must also
19include the name and address of each lobbyist required to
20register under the Lobbyist Registration Act and other agent
21of the bidder, offeror, potential contractor, contractor, or
22subcontractor who is not identified under subsections (a) and
23(b) and who has communicated, is communicating, or may
24communicate with any State officer or employee concerning the
25bid or offer. The disclosure under this subsection is a
26continuing obligation and must be promptly supplemented for

 

 

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1accuracy throughout the process and throughout the term of the
2contract if the bid or offer is successful.
3    (b-2) The disclosure required under this Section must also
4include, for each of the persons identified in subsection (b)
5or (b-1), each of the following that occurred within the
6previous 10 years: suspension or debarment from contracting
7with any governmental entity; professional licensure
8discipline; bankruptcies; adverse civil judgments and
9administrative findings; and criminal felony convictions. The
10disclosure under this subsection is a continuing obligation
11and must be promptly supplemented for accuracy throughout the
12process and throughout the term of the contract if the bid or
13offer is successful.
14    (c) The disclosure in subsection (b) is not intended to
15prohibit or prevent any contract. The disclosure is meant to
16fully and publicly disclose any potential conflict to the
17chief procurement officers, State purchasing officers, their
18designees, and executive officers so they may adequately
19discharge their duty to protect the State.
20    (d) When a potential for a conflict of interest is
21identified, discovered, or reasonably suspected, the chief
22procurement officer or State procurement officer shall send
23the contract to the Procurement Policy Board and the
24Commission on Equity and Inclusion. In accordance with the
25objectives of subsection (c), if the Procurement Policy Board
26or the Commission on Equity and Inclusion finds evidence of a

 

 

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1potential conflict of interest not originally disclosed by the
2bidder, offeror, potential contractor, contractor, or
3subcontractor, the Board or the Commission on Equity and
4Inclusion shall provide written notice to the bidder, offeror,
5potential contractor, contractor, or subcontractor that is
6identified, discovered, or reasonably suspected of having a
7potential conflict of interest. The bidder, offeror, potential
8contractor, contractor, or subcontractor shall have 15
9calendar days to respond in writing to the Board or the
10Commission on Equity and Inclusion, and a hearing before the
11Board or the Commission on Equity and Inclusion will be
12granted upon request by the bidder, offeror, potential
13contractor, contractor, or subcontractor, at a date and time
14to be determined by the Board or the Commission on Equity and
15Inclusion, but which in no event shall occur later than 15
16calendar days after the date of the request. Upon
17consideration, the Board or the Commission on Equity and
18Inclusion shall recommend, in writing, whether to allow or
19void the contract, bid, offer, or subcontract weighing the
20best interest of the State of Illinois. All recommendations
21shall be submitted to the Executive Ethics Commission. Those
22recommendations made concerning conflicts identified in the
23course of a procurement for a public institution of higher
24education are, for procurements having a cumulative value
25under $5,000, valid and enforceable, for one calendar year
26after the initial recommendation was made, for all subsequent

 

 

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1conflicts for that vendor with regard to the same public
2institution of higher education. The Executive Ethics
3Commission must hold a public hearing within 30 calendar days
4after receiving the Board's or the Commission on Equity and
5Inclusion's recommendation if the Procurement Policy Board or
6the Commission on Equity and Inclusion makes a recommendation
7to (i) void a contract or (ii) void a bid or offer and the
8chief procurement officer selected or intends to award the
9contract to the bidder, offeror, or potential contractor. A
10chief procurement officer is prohibited from awarding a
11contract before a hearing if the Board or the Commission on
12Equity and Inclusion recommendation does not support a bid or
13offer. The recommendation and proceedings of any hearing, if
14applicable, shall be available to the public.
15    (e) These thresholds and disclosure do not relieve the
16chief procurement officer, the State purchasing officer, or
17their designees from reasonable care and diligence for any
18contract, bid, offer, or submission to a vendor portal. The
19chief procurement officer, the State purchasing officer, or
20their designees shall be responsible for using any reasonably
21known and publicly available information to discover any
22undisclosed potential conflict of interest and act to protect
23the best interest of the State of Illinois.
24    (f) Inadvertent or accidental failure to fully disclose
25shall render the contract, bid, offer, proposal, subcontract,
26or relationship voidable by the chief procurement officer if

 

 

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1he or she deems it in the best interest of the State of
2Illinois and, at his or her discretion, may be cause for
3barring from future contracts, bids, offers, proposals,
4subcontracts, or relationships with the State for a period of
5up to 2 years.
6    (g) Intentional, willful, or material failure to disclose
7shall render the contract, bid, offer, proposal, subcontract,
8or relationship voidable by the chief procurement officer if
9he or she deems it in the best interest of the State of
10Illinois and shall result in debarment from future contracts,
11bids, offers, proposals, subcontracts, or relationships for a
12period of not less than 2 years and not more than 10 years.
13Reinstatement after 2 years and before 10 years must be
14reviewed and commented on in writing by the Governor of the
15State of Illinois, or by an executive ethics board or
16commission he or she might designate. The comment shall be
17returned to the responsible chief procurement officer who must
18rule in writing whether and when to reinstate.
19    (h) In addition, all disclosures shall note any other
20current or pending contracts, bids, offers, proposals,
21subcontracts, leases, or other ongoing procurement
22relationships the bidder, offeror, potential contractor,
23contractor, or subcontractor has with any other unit of State
24government and shall clearly identify the unit and the
25contract, offer, proposal, lease, or other relationship.
26    (i) The bidder, offeror, potential contractor, or

 

 

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1contractor has a continuing obligation to supplement the
2disclosure required by this Section throughout the bidding
3process during the term of any contract, and during the vendor
4portal registration process.
5    (j) If a bid or offer is received from a responsive bidder,
6offeror, vendor, contractor, or subcontractor with an annual
7value of more than $100,000 and the bidder, offeror, vendor,
8contractor, or subcontractor has an active contract with that
9same entity and already has submitted their financial
10disclosures and potential conflicts of interest within the
11last 12 months, the bidder, offeror, vendor, contractor, or
12subcontractor may submit a signed affidavit attesting that the
13original submission of its financial disclosures and potential
14conflicts of interests has not been altered or changed. The
15form and content of the affidavit shall be prescribed by the
16applicable chief procurement officer.
17(Source: P.A. 101-657, eff. 1-1-22; 102-721, eff. 1-1-23.)
 
18    (30 ILCS 500/55-25)
19    (Section scheduled to be repealed on January 1, 2025)
20    Sec. 55-25. State Procurement Task Force.
21    (a) There is hereby created the State Procurement Task
22Force.
23    (b) The task force shall survey the State procurement
24process and make recommendations to: (i) ensure that the
25process is equitable and efficient; (ii) provide departments

 

 

10200HB4285sam002- 53 -LRB102 21927 JDS 41992 a

1with the flexibility needed to be successful; (iii) change the
2current structure of the procurement process; (iv) update the
3process to reflect modern procurement methods; (v) increase
4women-owned and minority-owned business participation; (vi)
5increase participation by Illinois vendors; and (vii) reduce
6costs and increase efficiency of State procurements.
7    (c) The task force shall consist of the following members:
8        (1) 4 members of the House of Representatives,
9    appointed by the Speaker of the House of Representatives,
10    one of whom shall serve as co-chair of the Task Force;
11        (2) 4 members of the Senate, appointed by the
12    President of the Senate, one of whom shall serve as
13    co-chair of the Task Force;
14        (3) 3 members of the House of Representatives,
15    appointed by the Minority Leader of the House of
16    Representatives;
17        (4) 3 members of the Senate, appointed by the Minority
18    Leader of the Senate;
19        (5) 1 member representing State institutions of higher
20    education, appointed by the President of the Senate;
21        (6) 1 member representing State institutions of higher
22    education, appointed by the Speaker of the House of
23    Representatives;
24        (7) 5 members representing vendors, with one each
25    appointed by the Governor, the Speaker of the House of
26    Representatives, the President of the Senate, the Minority

 

 

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1    Leader of the House of Representatives, and the Minority
2    Leader of the Senate;
3        (8) 5 members of the public representing women-owned
4    and minority-owned businesses, with one each appointed by
5    the Governor, the Speaker of the House of Representatives,
6    the President of the Senate, the Minority Leader of the
7    House of Representatives, and the Minority Leader of the
8    Senate;
9        (9) 1 member from the Department of Central Management
10    Services, appointed by the Governor;
11        (10) 1 member from the Department of Transportation,
12    appointed by the Governor;
13        (11) 1 member from the Department of Information and
14    Technology, appointed by the Governor;
15        (12) 1 Chief Procurement Officer, appointed by the
16    Governor; and
17        (13) the Chairperson of the Commission on Equity and
18    Inclusion, who shall serve as Chair of the Task Force.
19    (d) Members of the task force shall serve without
20compensation for the duration of the task force.
21    (e) As soon as practicable after all members have been
22appointed, the task force shall hold its first meeting. The
23task force shall hold at least 7 meetings.
24    (f) The Procurement Policy Board Department of Central
25Management Services shall provide administrative and other
26support to the task force.

 

 

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1    (g) The task force shall from time to time submit reports
2of its findings and recommendations on its survey of State
3procurement processes to the Governor and the General
4Assembly. By February 1, 2023 November 1, 2022, the task force
5shall submit a report to the Governor and General Assembly
6reporting findings and recommendations specifically including
7any proposed recommendations to: (i) alter the current
8structure and number of Chief Procurement Officers; (ii) enact
9or modify cure periods in the Procurement Code that allow a
10potentially successful vendor to correct technical
11deficiencies in the vendor's bid; (iii) enact measures that
12increase efficiency, modernization, or reduce costs within the
13procurement system; and (iv) increase women-owned and
14minority-owned business participation. On or before January 1,
152024, the task force shall submit a report of its findings and
16recommendations on its survey of State procurement processes
17to the Governor and the General Assembly.
18    (h) This Section is repealed on January 1, 2025.
19(Source: P.A. 102-721, eff. 5-6-22.)
 
20    Section 20. The Design-Build Procurement Act is amended by
21changing Sections 5, 10, and 90 as follows:
 
22    (30 ILCS 537/5)
23    (Section scheduled to be repealed on July 1, 2027)
24    Sec. 5. Legislative policy. It is the intent of the

 

 

10200HB4285sam002- 56 -LRB102 21927 JDS 41992 a

1General Assembly that the State construction agency Capital
2Development Board be allowed to use the design-build delivery
3method for public projects if it is shown to be in the State's
4best interest for that particular project. It shall be the
5policy of the State construction agency Capital Development
6Board in the procurement of design-build services to publicly
7announce all requirements for design-build services and to
8procure these services on the basis of demonstrated competence
9and qualifications and with due regard for the principles of
10competitive selection.
11    The State construction agency Capital Development Board
12shall, prior to issuing requests for proposals, promulgate and
13publish procedures for the solicitation and award of contracts
14pursuant to this Act.
15    The State construction agency Capital Development Board
16shall, for each public project or projects permitted under
17this Act, make a written determination, including a
18description as to the particular advantages of the
19design-build procurement method, that it is in the best
20interests of this State to enter into a design-build contract
21for the project or projects. In making that determination, the
22following factors shall be considered:
23        (1) The probability that the design-build procurement
24    method will be in the best interests of the State by
25    providing a material savings of time or cost over the
26    design-bid-build or other delivery system.

 

 

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1        (2) The type and size of the project and its
2    suitability to the design-build procurement method.
3        (3) The ability of the State construction agency to
4    define and provide comprehensive scope and performance
5    criteria for the project.
6    No State construction agency may use a design-build
7procurement method unless the agency determines in writing
8that the project will comply with the disadvantaged business
9and equal employment practices of the State as established in
10the Business Enterprise for Minorities, Women, and Persons
11with Disabilities Act and Section 2-105 of the Illinois Human
12Rights Act.
13    The State construction agency Capital Development Board
14shall within 15 days after the initial determination provide
15an advisory copy to the Procurement Policy Board and maintain
16the full record of determination for 5 years.
17(Source: P.A. 100-391, eff. 8-25-17.)
 
18    (30 ILCS 537/10)
19    (Section scheduled to be repealed on July 1, 2027)
20    Sec. 10. Definitions. As used in this Act:
21    "State construction agency" means the Capital Development
22Board or, in the case of a design-build procurement for a
23public institution of higher education, the public institution
24of higher education.
25    "Delivery system" means the design and construction

 

 

10200HB4285sam002- 58 -LRB102 21927 JDS 41992 a

1approach used to develop and construct a project.
2    "Design-bid-build" means the traditional delivery system
3used on public projects in this State that incorporates the
4Architectural, Engineering, and Land Surveying Qualification
5Based Selection Act (30 ILCS 535/) and the principles of
6competitive selection in the Illinois Procurement Code (30
7ILCS 500/).
8    "Design-build" means a delivery system that provides
9responsibility within a single contract for the furnishing of
10architecture, engineering, land surveying and related services
11as required, and the labor, materials, equipment, and other
12construction services for the project.
13    "Design-build contract" means a contract for a public
14project under this Act between the State construction agency
15and a design-build entity to furnish architecture,
16engineering, land surveying, and related services as required,
17and to furnish the labor, materials, equipment, and other
18construction services for the project. The design-build
19contract may be conditioned upon subsequent refinements in
20scope and price and may allow the State construction agency to
21make modifications in the project scope without invalidating
22the design-build contract.
23    "Design-build entity" means any individual, sole
24proprietorship, firm, partnership, joint venture, corporation,
25professional corporation, or other entity that proposes to
26design and construct any public project under this Act. A

 

 

10200HB4285sam002- 59 -LRB102 21927 JDS 41992 a

1design-build entity and associated design-build professionals
2shall conduct themselves in accordance with the laws of this
3State and the related provisions of the Illinois
4Administrative Code, as referenced by the licensed design
5professionals Acts of this State.
6    "Design professional" means any individual, sole
7proprietorship, firm, partnership, joint venture, corporation,
8professional corporation, or other entity that offers services
9under the Illinois Architecture Practice Act of 1989 (225 ILCS
10305/), the Professional Engineering Practice Act of 1989 (225
11ILCS 325/), the Structural Engineering Licensing Act of 1989
12(225 ILCS 340/), or the Illinois Professional Land Surveyor
13Act of 1989 (225 ILCS 330/).
14    "Evaluation criteria" means the requirements for the
15separate phases of the selection process as defined in this
16Act and may include the specialized experience, technical
17qualifications and competence, capacity to perform, past
18performance, experience with similar projects, assignment of
19personnel to the project, and other appropriate factors. Price
20may not be used as a factor in the evaluation of Phase I
21proposals.
22    "Proposal" means the offer to enter into a design-build
23contract as submitted by a design-build entity in accordance
24with this Act.
25    "Public institution of higher education" has the meaning
26ascribed in subsection (f) of Section 1-13 of the Illinois

 

 

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1Procurement Code.
2    "Request for proposal" means the document used by the
3State construction agency to solicit proposals for a
4design-build contract.
5    "Scope and performance criteria" means the requirements
6for the public project, including but not limited to, the
7intended usage, capacity, size, scope, quality and performance
8standards, life-cycle costs, and other programmatic criteria
9that are expressed in performance-oriented and quantifiable
10specifications and drawings that can be reasonably inferred
11and are suited to allow a design-build entity to develop a
12proposal.
13(Source: P.A. 94-716, eff. 12-13-05.)
 
14    (30 ILCS 537/90)
15    (Section scheduled to be repealed on July 1, 2027)
16    Sec. 90. Repealer. This Act is repealed on January 1, 2026
17July 1, 2027.
18(Source: P.A. 102-1016, eff. 5-27-22.)
 
19    Section 25. The Business Enterprise for Minorities, Women,
20and Persons with Disabilities Act is amended by changing
21Sections 2 and 4 as follows:
 
22    (30 ILCS 575/2)
23    (Section scheduled to be repealed on June 30, 2024)

 

 

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1    Sec. 2. Definitions.
2    (A) For the purpose of this Act, the following terms shall
3have the following definitions:
4        (1) "Minority person" shall mean a person who is a
5    citizen or lawful permanent resident of the United States
6    and who is any of the following:
7            (a) American Indian or Alaska Native (a person
8        having origins in any of the original peoples of North
9        and South America, including Central America, and who
10        maintains tribal affiliation or community attachment).
11            (b) Asian (a person having origins in any of the
12        original peoples of the Far East, Southeast Asia, or
13        the Indian subcontinent, including, but not limited
14        to, Cambodia, China, India, Japan, Korea, Malaysia,
15        Pakistan, the Philippine Islands, Thailand, and
16        Vietnam).
17            (c) Black or African American (a person having
18        origins in any of the black racial groups of Africa).
19            (d) Hispanic or Latino (a person of Cuban,
20        Mexican, Puerto Rican, South or Central American, or
21        other Spanish culture or origin, regardless of race).
22            (e) Native Hawaiian or Other Pacific Islander (a
23        person having origins in any of the original peoples
24        of Hawaii, Guam, Samoa, or other Pacific Islands).
25        (2) "Woman" shall mean a person who is a citizen or
26    lawful permanent resident of the United States and who is

 

 

10200HB4285sam002- 62 -LRB102 21927 JDS 41992 a

1    of the female gender.
2        (2.05) "Person with a disability" means a person who
3    is a citizen or lawful resident of the United States and is
4    a person qualifying as a person with a disability under
5    subdivision (2.1) of this subsection (A).
6        (2.1) "Person with a disability" means a person with a
7    severe physical or mental disability that:
8            (a) results from:
9            amputation,
10            arthritis,
11            autism,
12            blindness,
13            burn injury,
14            cancer,
15            cerebral palsy,
16            Crohn's disease,
17            cystic fibrosis,
18            deafness,
19            head injury,
20            heart disease,
21            hemiplegia,
22            hemophilia,
23            respiratory or pulmonary dysfunction,
24            an intellectual disability,
25            mental illness,
26            multiple sclerosis,

 

 

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1            muscular dystrophy,
2            musculoskeletal disorders,
3            neurological disorders, including stroke and
4        epilepsy,
5            paraplegia,
6            quadriplegia and other spinal cord conditions,
7            sickle cell anemia,
8            ulcerative colitis,
9            specific learning disabilities, or
10            end stage renal failure disease; and
11            (b) substantially limits one or more of the
12        person's major life activities.
13        Another disability or combination of disabilities may
14    also be considered as a severe disability for the purposes
15    of item (a) of this subdivision (2.1) if it is determined
16    by an evaluation of rehabilitation potential to cause a
17    comparable degree of substantial functional limitation
18    similar to the specific list of disabilities listed in
19    item (a) of this subdivision (2.1).
20        (3) "Minority-owned business" means a business which
21    is at least 51% owned by one or more minority persons, or
22    in the case of a corporation, at least 51% of the stock in
23    which is owned by one or more minority persons; and the
24    management and daily business operations of which are
25    controlled by one or more of the minority individuals who
26    own it.

 

 

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1        (4) "Women-owned business" means a business which is
2    at least 51% owned by one or more women, or, in the case of
3    a corporation, at least 51% of the stock in which is owned
4    by one or more women; and the management and daily
5    business operations of which are controlled by one or more
6    of the women who own it.
7        (4.1) "Business owned by a person with a disability"
8    means a business that is at least 51% owned by one or more
9    persons with a disability and the management and daily
10    business operations of which are controlled by one or more
11    of the persons with disabilities who own it. A
12    not-for-profit agency for persons with disabilities that
13    is exempt from taxation under Section 501 of the Internal
14    Revenue Code of 1986 is also considered a "business owned
15    by a person with a disability".
16        (4.2) "Council" means the Business Enterprise Council
17    for Minorities, Women, and Persons with Disabilities
18    created under Section 5 of this Act.
19        (4.3) "Commission" means, unless the context clearly
20    indicates otherwise, the Commission on Equity and
21    Inclusion created under the Commission on Equity and
22    Inclusion Act.
23        (5) "State contracts" means all contracts entered into
24    by the State, any agency or department thereof, or any
25    public institution of higher education, including
26    community college districts, regardless of the source of

 

 

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1    the funds with which the contracts are paid, which are not
2    subject to federal reimbursement. "State contracts" does
3    not include contracts awarded by a retirement system,
4    pension fund, or investment board subject to Section
5    1-109.1 of the Illinois Pension Code. This definition
6    shall control over any existing definition under this Act
7    or applicable administrative rule.
8        "State construction contracts" means all State
9    contracts entered into by a State agency or public
10    institution of higher education for the repair,
11    remodeling, renovation or construction of a building or
12    structure, or for the construction or maintenance of a
13    highway defined in Article 2 of the Illinois Highway Code.
14        (6) "State agencies" shall mean all departments,
15    officers, boards, commissions, institutions and bodies
16    politic and corporate of the State, but does not include
17    the Board of Trustees of the University of Illinois, the
18    Board of Trustees of Southern Illinois University, the
19    Board of Trustees of Chicago State University, the Board
20    of Trustees of Eastern Illinois University, the Board of
21    Trustees of Governors State University, the Board of
22    Trustees of Illinois State University, the Board of
23    Trustees of Northeastern Illinois University, the Board of
24    Trustees of Northern Illinois University, the Board of
25    Trustees of Western Illinois University, municipalities or
26    other local governmental units, or other State

 

 

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1    constitutional officers.
2        (7) "Public institutions of higher education" means
3    the University of Illinois, Southern Illinois University,
4    Chicago State University, Eastern Illinois University,
5    Governors State University, Illinois State University,
6    Northeastern Illinois University, Northern Illinois
7    University, Western Illinois University, the public
8    community colleges of the State, and any other public
9    universities, colleges, and community colleges now or
10    hereafter established or authorized by the General
11    Assembly.
12        (8) "Certification" means a determination made by the
13    Council or by one delegated authority from the Council to
14    make certifications, or by a State agency with statutory
15    authority to make such a certification, that a business
16    entity is a business owned by a minority, woman, or person
17    with a disability for whatever purpose. A business owned
18    and controlled by women shall be certified as a
19    "woman-owned business". A business owned and controlled by
20    women who are also minorities shall be certified as both a
21    "women-owned business" and a "minority-owned business".
22        (9) "Control" means the exclusive or ultimate and sole
23    control of the business including, but not limited to,
24    capital investment and all other financial matters,
25    property, acquisitions, contract negotiations, legal
26    matters, officer-director-employee selection and

 

 

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1    comprehensive hiring, operating responsibilities,
2    cost-control matters, income and dividend matters,
3    financial transactions and rights of other shareholders or
4    joint partners. Control shall be real, substantial and
5    continuing, not pro forma. Control shall include the power
6    to direct or cause the direction of the management and
7    policies of the business and to make the day-to-day as
8    well as major decisions in matters of policy, management
9    and operations. Control shall be exemplified by possessing
10    the requisite knowledge and expertise to run the
11    particular business and control shall not include simple
12    majority or absentee ownership.
13        (10) "Business" means a business that has annual gross
14    sales of less than $150,000,000 $75,000,000 as evidenced
15    by the federal income tax return of the business. A firm
16    with gross sales in excess of this cap may apply to the
17    Council for certification for a particular contract if the
18    firm can demonstrate that the contract would have
19    significant impact on businesses owned by minorities,
20    women, or persons with disabilities as suppliers or
21    subcontractors or in employment of minorities, women, or
22    persons with disabilities. Firms with gross sales in
23    excess of this cap that are granted certification by the
24    Council shall be granted certification for the life of the
25    contract, including available renewals.
26        (11) "Utilization plan" means a form and additional

 

 

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1    documentations included in all bids or proposals that
2    demonstrates a vendor's proposed utilization of vendors
3    certified by the Business Enterprise Program to meet the
4    targeted goal. The utilization plan shall demonstrate that
5    the Vendor has either: (1) met the entire contract goal or
6    (2) requested a full or partial waiver and made good faith
7    efforts towards meeting the goal.
8        (12) "Business Enterprise Program" means the Business
9    Enterprise Program of the Commission on Equity and
10    Inclusion.
11    (B) When a business is owned at least 51% by any
12combination of minority persons, women, or persons with
13disabilities, even though none of the 3 classes alone holds at
14least a 51% interest, the ownership requirement for purposes
15of this Act is considered to be met. The certification
16category for the business is that of the class holding the
17largest ownership interest in the business. If 2 or more
18classes have equal ownership interests, the certification
19category shall be determined by the business.
20(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
21102-29, eff. 6-25-21.)
 
22    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
23    (Section scheduled to be repealed on June 30, 2024)
24    Sec. 4. Award of State contracts.
25    (a) Except as provided in subsection (b), not less than

 

 

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130% of the total dollar amount of State contracts, as defined
2by the Secretary of the Council and approved by the Council,
3shall be established as an aspirational goal to be awarded to
4businesses owned by minorities, women, and persons with
5disabilities; provided, however, that of the total amount of
6all State contracts awarded to businesses owned by minorities,
7women, and persons with disabilities pursuant to this Section,
8contracts representing at least 16% shall be awarded to
9businesses owned by minorities, contracts representing at
10least 10% shall be awarded to women-owned businesses, and
11contracts representing at least 4% shall be awarded to
12businesses owned by persons with disabilities.
13    (a-5) In addition to the aspirational goals in awarding
14State contracts set under subsection (a), the Commission shall
15by rule further establish targeted efforts to encourage the
16participation of businesses owned by minorities, women, and
17persons with disabilities on State contracts. Such efforts
18shall include, but not be limited to, further concerted
19outreach efforts to businesses owned by minorities, women, and
20persons with disabilities.
21    The above percentage relates to the total dollar amount of
22State contracts during each State fiscal year, calculated by
23examining independently each type of contract for each agency
24or public institutions of higher education which lets such
25contracts. Only that percentage of arrangements which
26represents the participation of businesses owned by

 

 

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1minorities, women, and persons with disabilities on such
2contracts shall be included. State contracts subject to the
3requirements of this Act shall include the requirement that
4only expenditures to businesses owned by minorities, women,
5and persons with disabilities that perform a commercially
6useful function may be counted toward the goals set forth by
7this Act. Contracts shall include a definition of
8"commercially useful function" that is consistent with 49 CFR
926.55(c).
10    (b) Not less than 20% of the total dollar amount of State
11construction contracts is established as an aspirational goal
12to be awarded to businesses owned by minorities, women, and
13persons with disabilities; provided that, contracts
14representing at least 11% of the total dollar amount of State
15construction contracts shall be awarded to businesses owned by
16minorities; contracts representing at least 7% of the total
17dollar amount of State construction contracts shall be awarded
18to women-owned businesses; and contracts representing at least
192% of the total dollar amount of State construction contracts
20shall be awarded to businesses owned by persons with
21disabilities.
22    (c) (Blank).
23    (c-5) All goals established under this Section shall be
24contingent upon the results of the most recent disparity study
25conducted by the State.
26    (d) Within one year after April 28, 2009 (the effective

 

 

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1date of Public Act 96-8), the Department of Central Management
2Services shall conduct a social scientific study that measures
3the impact of discrimination on minority and women business
4development in Illinois. Within 18 months after April 28, 2009
5(the effective date of Public Act 96-8), the Department shall
6issue a report of its findings and any recommendations on
7whether to adjust the goals for minority and women
8participation established in this Act. Copies of this report
9and the social scientific study shall be filed with the
10Governor and the General Assembly.
11    By December 1, 2020, the Department of Central Management
12Services shall conduct a new social scientific study that
13measures the impact of discrimination on minority and women
14business development in Illinois. By June 1, 2022, the
15Department shall issue a report of its findings and any
16recommendations on whether to adjust the goals for minority
17and women participation established in this Act. Copies of
18this report and the social scientific study shall be filed
19with the Governor and the General Assembly. By December 1,
202022, the Commission on Equity and Inclusion Business
21Enterprise Program shall develop a model for social scientific
22disparity study sourcing for local governmental units to adapt
23and implement to address regional disparities in public
24procurement.
25    (e) All State contract solicitations that include Business
26Enterprise Program participation goals shall require bidders

 

 

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1or offerors to include utilization plans. Utilization plans
2are due at the time of bid or offer submission. Failure to
3complete and include a utilization plan, including
4documentation demonstrating good faith efforts when requesting
5a waiver, shall render the bid or offer non-responsive.
6    Except as permitted under this Act or as otherwise
7mandated by federal regulation, a bidder or offeror whose bid
8or offer is accepted and who included in that bid a completed
9utilization plan but who fails to meet the goals set forth in
10the plan shall be notified of the deficiency by the
11contracting agency or public institution of higher education
12and shall be given a period of 10 calendar days to cure the
13deficiency by contracting with additional subcontractors who
14are certified by the Business Enterprise Program or by
15increasing the work to be performed by previously identified
16vendors certified by the Business Enterprise Program.
17    Deficiencies that may be cured include: (i) scrivener's
18errors, such as transposed numbers; (ii) information submitted
19in an incorrect form or format; (iii) mistakes resulting from
20failure to follow instructions or to identify and adequately
21document good faith efforts taken to comply with the
22utilization plan; or (iv) a proposal to use a firm whose
23Business Enterprise Program certification has lapsed or is not
24yet recognized. Cure is not authorized if the bidder or
25offeror submits a blank utilization plan, a utilization plan
26that shows lack of reasonable effort to complete the form on

 

 

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1time, or a utilization plan that states the contract will be
2self-performed, by a non-certified vendor, without showing
3good faith efforts or a request for a waiver. All cure activity
4shall address the deficiencies identified by the purchasing
5agency and shall require clear documentation, including that
6of good faith efforts, to address those deficiencies. Any
7increase in cost to a contract for the addition of a
8subcontractor to cure a bid's deficiency shall not affect the
9bid price and shall not be used in the request for an exemption
10under this Act, and, in no case, shall an identified
11subcontractor with a Business Enterprise Program certification
12made under this Act be terminated from a contract without the
13written consent of the State agency or public institution of
14higher education entering into the contract. The purchasing
15agency or public institution of higher education shall make
16the determination whether the cure is adequate.
17    Vendors certified with the Business Enterprise Program at
18the time and date submittals are due and who do not submit a
19utilization plan or have utilization plan deficiencies shall
20have 10 business days to submit a utilization plan or to
21correct the utilization plan deficiencies. Except as permitted
22under this Act or as otherwise mandated by federal law or
23regulation, in response those who submit bids or proposals for
24State contracts subject to the provisions of this Act, whose
25bids or proposals are successful but include a utilization
26plan that fails to demonstrate good faith efforts to meet the

 

 

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1goals set forth in the solicitation of that deficiency and may
2allow the bidder or offeror a period not to exceed 10 calendar
3days from the date of notification to cure that deficiency in
4the bid or proposal. The deficiency in the bid or proposal may
5only be cured by contracting with additional subcontractors
6who are certified by the Business Enterprise Program at the
7time of bid submission. Any increase in cost to a contract for
8the addition of a subcontractor to cure a bid's deficiency or
9to ensure diversity participation on the contract shall not
10affect the bid price, shall not be used in the request for an
11exemption in this Act, and in no case shall an identified
12subcontractor with a certification made pursuant to this Act
13be terminated from the contract without the written consent of
14the State agency or public institution of higher education
15entering into the contract. Submission of a blank utilization
16plan renders a bid or offer non-responsive and is not curable.
17The Commission on Equity and Inclusion shall be notified of
18all bids or offers that fail to include a utilization plan or
19that include a utilization plan with deficiencies.
20    (f) (Blank).
21    (g) (Blank).
22    (h) State agencies and public institutions of higher
23education shall notify the Commission on Equity and Inclusion
24of all non-responsive bids or proposals for State contracts.
25(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
26101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article

 

 

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140, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21;
2102-558, eff. 8-20-21.)
 
3    Section 30. The Local Food, Farms, and Jobs Act is amended
4by changing Sections 10 and 30 as follows:
 
5    (30 ILCS 595/10)
6    Sec. 10. Procurement goals for local farm or food
7products.
8    (a) In order to create, strengthen, and expand local farm
9and food economies throughout Illinois, it shall be the goal
10of this State that 20% of all food and food products purchased
11by State agencies and State-owned facilities, including,
12without limitation, facilities for persons with mental health
13and developmental disabilities, correctional facilities, and
14public universities, shall, by 2020, be local farm or food
15products.
16    (b) The State Local Food, Farms, and Jobs Council
17established under this Act shall support and encourage that
1810% of food and food products purchased by entities funded in
19part or in whole by State dollars, which spend more than
20$25,000 per year on food or food products for its students,
21residents, or clients, including, without limitation, public
22schools, child care facilities, after-school programs, and
23hospitals, shall, by 2020, be local farm or food products.
24    (c) To meet the goals set forth in this Section, when a

 

 

10200HB4285sam002- 76 -LRB102 21927 JDS 41992 a

1State contract for purchase of food or food products is to be
2awarded to the lowest responsible bidder, an otherwise
3qualified bidder who will fulfill the contract through the use
4of local farm or food products may be given preference over
5other bidders, provided that the cost included in the bid of
6local farm or food products is not more than 10% greater than
7the cost included in a bid that is not for local farm or food
8products.
9    (d) All State agencies and State-owned facilities that
10purchase food and food products shall, with the assistance of
11the Local Food, Farms, and Jobs Council, develop a system for
12(i) identifying the percentage of local farm or food products
13purchased for fiscal year 2021 2011 as the baseline; and (ii)
14tracking and reporting local farm or food products purchases
15on an annual basis.
16    (e) On January 1, 2024 and each January 1 thereafter,
17those State agencies and State-owned facilities that purchase
18food or food products shall publish in their respective
19procurement bulletins, in the form and format prescribed by
20the chief procurement officer, notice of their purchases of
21local farm or food products in the immediately preceding
22fiscal year.
23(Source: P.A. 96-579, eff. 8-18-09.)
 
24    (30 ILCS 595/30)
25    Sec. 30. Farm-school database. The Department of

 

 

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1Agriculture shall establish, and make available on its
2website, a geo-coded electronic database to facilitate the
3purchase of fresh produce and food products by schools. The
4database shall be developed jointly with the Local Food,
5Farms, and Jobs Council and, at a minimum, contain the
6information necessary for (i) schools to identify and contact
7agricultural producers that are interested in supplying
8schools in the State with fresh produce and food products and
9(ii) agricultural producers of fresh produce and food products
10to identify schools in the State that are interested in
11purchasing those products. The Department of Agriculture shall
12adopt rules necessary to implement this Section. The
13Department of Agriculture shall also solicit federal and State
14funding for the purpose of implementing this program. The
15requirement of the Department to establish, and make available
16on its website, this database shall become effective once the
17Department has secured all of the additional federal or State
18funding necessary to implement this program.
19(Source: P.A. 96-1095, eff. 1-1-11.)
 
20    (30 ILCS 595/15 rep.)
21    (30 ILCS 595/20 rep.)
22    (30 ILCS 595/25 rep.)
23    Section 35. The Local Food, Farms, and Jobs Act is amended
24by repealing Sections 15, 20, and 25.
 

 

 

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1    Section 40. The State Property Control Act is amended by
2changing Section 6.02 as follows:
 
3    (30 ILCS 605/6.02)  (from Ch. 127, par. 133b9.2)
4    Sec. 6.02. Each responsible officer shall maintain a
5permanent record of all items of property under his
6jurisdiction and control, provided the administrator may
7exempt tangible personal property of nominal value or in the
8nature of consumable supplies, or both; and provided further
9that "textbooks" as defined in Section 18-17 of The School
10Code shall be exempted by the administrator after those
11textbooks have been on loan pursuant to that Section for a
12period of 5 years or more. The listing shall include all
13property being acquired under agreements which are required by
14the State Comptroller to be capitalized for inclusion in the
15statewide financial statements. Each responsible officer shall
16submit a listing of the permanent record at least annually to
17the administrator in such format as the administrator shall
18require. The record may be submitted in either hard copy or
19computer readable form. The administrator may require more
20frequent submissions when in the opinion of the administrator
21the agency records are not sufficiently reliable to justify
22annual submissions.
23    As used in this Section, "nominal value" means the value
24of an item is $2,500 $1,000 or less. For the purposes of this
25definition, the value of the item shall reflect its

 

 

10200HB4285sam002- 79 -LRB102 21927 JDS 41992 a

1depreciated value, as determined by the administrator. The
2administrator may by rule set the threshold for "nominal
3value" at a higher amount. Nothing in this definition shall be
4construed as relieving responsible officers of the duty to
5reasonably ensure that State property is not subject to theft.
6(Source: P.A. 100-193, eff. 1-1-18.)
 
7    Section 45. The Criminal Code of 2012 is amended by
8changing Section 33E-9 as follows:
 
9    (720 ILCS 5/33E-9)  (from Ch. 38, par. 33E-9)
10    Sec. 33E-9. Change orders. Any change order authorized
11under this Section shall be made in writing. Any person
12employed by and authorized by any unit of State or local
13government to approve a change order to any public contract
14who knowingly grants that approval without first obtaining
15from the unit of State or local government on whose behalf the
16contract was signed, or from a designee authorized by that
17unit of State or local government, a determination in writing
18that (1) the circumstances said to necessitate the change in
19performance were not reasonably foreseeable at the time the
20contract was signed, or (2) the change is germane to the
21original contract as signed, or (3) the change order is in the
22best interest of the unit of State or local government and
23authorized by law, commits a Class 4 felony. The written
24determination and the written change order resulting from that

 

 

10200HB4285sam002- 80 -LRB102 21927 JDS 41992 a

1determination shall be preserved in the contract's file which
2shall be open to the public for inspection. This Section shall
3only apply to a change order or series of change orders which
4authorize or necessitate an increase or decrease in either the
5cost of a public contract by a total of $25,000 $10,000 or more
6or the time of completion by a total of 180 30 days or more.
7(Source: P.A. 86-150; 87-618.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
 
15    Section 99. Effective date. This Act takes effect January
161, 2023.".