HB0255 EngrossedLRB103 03779 RJT 48785 b

1    AN ACT concerning conservation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Youth
5and Young Adult Conservation Education Act.
 
6    Section 5. Declaration of intent. The General Assembly
7finds that youth, representing all segments of society,
8benefit from education and employment in the healthful outdoor
9atmosphere of the State's park systems, recreational
10facilities, and other public land and water areas and, through
11those education and employment opportunities, will develop,
12enhance, and maintain the natural resources of the State of
13Illinois while gaining an understanding and appreciation of
14the State's environment and heritage. The General Assembly,
15therefore, creates this Act to establish the Youth and Young
16Adult Conservation and Education Program to provide education
17and employment opportunities for the youth and young adults of
18this State to further the development and maintenance of the
19natural resources by Illinois' youth and, in so doing, to
20prepare them for the responsibility of maintaining and
21managing these resources.
 
22    Section 10. Definitions.

 

 

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1    As used in this Act:
2    "Department" means the Department of Natural Resources.
3    "Director" means the Director of Natural Resources.
 
4    Section 15. Cooperation. The Department of Natural
5Resources shall have the full cooperation of the Illinois
6State Board of Education, the Department of Commerce and
7Economic Opportunity, the Illinois State Job Coordinating
8Council created by the Federal Job Training Partnership Act
9(Public Law 97-300), and the Department of Employment Security
10in carrying out the purposes of this Act.
 
11    Section 20. Funding. Funding for this Act shall be from
12any State or federal funds or grants or other funding so
13received by the Department and any matching funds required by
14the Department from local sponsors that choose to participate
15in the Illinois Youth and Young Adult Conservation and
16Education Program.
 
17    Section 25. Youth and Young Adult Conservation and
18Education Program.
19    (a) The Youth and Young Adult Conservation and Education
20Program shall be limited to residents of this State who at the
21time of enrollment are 15 through 25 years of age.
22    (b) The Director shall designate suitable projects and
23curriculum in which participants in the program shall

 

 

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1participate.
2    Projects and curriculum so designated by the Director
3shall be for the purpose of any one or more of the following:
4        (1) development, enhancement, and maintenance of the
5    natural resources of the State of Illinois;
6        (2) environmental stewardship and civic
7    responsibility; or
8        (3) enhancement of public lands owned or leased by the
9    Department or developing and enhancing projects or
10    initiatives undertaken in whole or part by the Department.
11    Such projects and curriculum shall include improving the
12habitat of fauna and flora; improving use of conservation or
13recreation facilities and lands by the public; improving water
14quality; and any other project deemed by the Department to
15improve the environmental, economic, and recreational quality
16of the State's natural resources.
17    All projects designated for activity by the Director shall
18be within a reasonable commuting time for each enrollee. To
19the extent possible, the Director shall designate areas where
20a pool of enrollees may work. In no circumstance shall
21enrollees be required to spend more than 1 1/2 hours of
22commuting time to a project or a designated area; provided, an
23enrollee may agree to spend more than 1 1/2 hours of commuting
24time to a project or a designated area.
25    (c) When applicable, participants shall receive at least
26the standard minimum wage as set by the State of Illinois and

 

 

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1shall work normal working hours as determined by the
2Department. The enrollees shall not be classified as employees
3of the State for purposes of contributions to the State
4Employees' Retirement System of Illinois or any other public
5employment retirement system of the State.
6    (d) The Department may enter into contracts,
7intergovernmental agreements, grants, cooperative agreements,
8memoranda of understanding, or other instruments as necessary
9to implement the Youth and Young Adult Conservation Program.
10The Illinois Procurement Code shall not apply to contracts
11entered into for the purpose of fulfilling the purposes of
12this Program with not-for-profit organizations that have a
13documented commitment to addressing the barriers to employment
14and education for minority youth and young adults, as
15determined by the Department.
16    (e) The Department shall adopt administrative rules
17pertaining to implementation and administration of the Youth
18and Young Adult Conservation and Education Program.
 
19    Section 90. The Illinois Procurement Code is amended by
20changing Section 1-10 as follows:
 
21    (30 ILCS 500/1-10)
22    Sec. 1-10. Application.
23    (a) This Code applies only to procurements for which
24bidders, offerors, potential contractors, or contractors were

 

 

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1first solicited on or after July 1, 1998. This Code shall not
2be construed to affect or impair any contract, or any
3provision of a contract, entered into based on a solicitation
4prior to the implementation date of this Code as described in
5Article 99, including, but not limited to, any covenant
6entered into with respect to any revenue bonds or similar
7instruments. All procurements for which contracts are
8solicited between the effective date of Articles 50 and 99 and
9July 1, 1998 shall be substantially in accordance with this
10Code and its intent.
11    (b) This Code shall apply regardless of the source of the
12funds with which the contracts are paid, including federal
13assistance moneys. This Code shall not apply to:
14        (1) Contracts between the State and its political
15    subdivisions or other governments, or between State
16    governmental bodies, except as specifically provided in
17    this Code.
18        (2) Grants, except for the filing requirements of
19    Section 20-80.
20        (3) Purchase of care, except as provided in Section
21    5-30.6 of the Illinois Public Aid Code and this Section.
22        (4) Hiring of an individual as an employee and not as
23    an independent contractor, whether pursuant to an
24    employment code or policy or by contract directly with
25    that individual.
26        (5) Collective bargaining contracts.

 

 

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1        (6) Purchase of real estate, except that notice of
2    this type of contract with a value of more than $25,000
3    must be published in the Procurement Bulletin within 10
4    calendar days after the deed is recorded in the county of
5    jurisdiction. The notice shall identify the real estate
6    purchased, the names of all parties to the contract, the
7    value of the contract, and the effective date of the
8    contract.
9        (7) Contracts necessary to prepare for anticipated
10    litigation, enforcement actions, or investigations,
11    provided that the chief legal counsel to the Governor
12    shall give his or her prior approval when the procuring
13    agency is one subject to the jurisdiction of the Governor,
14    and provided that the chief legal counsel of any other
15    procuring entity subject to this Code shall give his or
16    her prior approval when the procuring entity is not one
17    subject to the jurisdiction of the Governor.
18        (8) (Blank).
19        (9) Procurement expenditures by the Illinois
20    Conservation Foundation when only private funds are used.
21        (10) (Blank).
22        (11) Public-private agreements entered into according
23    to the procurement requirements of Section 20 of the
24    Public-Private Partnerships for Transportation Act and
25    design-build agreements entered into according to the
26    procurement requirements of Section 25 of the

 

 

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1    Public-Private Partnerships for Transportation Act.
2        (12) (A) Contracts for legal, financial, and other
3    professional and artistic services entered into by the
4    Illinois Finance Authority in which the State of Illinois
5    is not obligated. Such contracts shall be awarded through
6    a competitive process authorized by the members of the
7    Illinois Finance Authority and are subject to Sections
8    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
9    as well as the final approval by the members of the
10    Illinois Finance Authority of the terms of the contract.
11        (B) Contracts for legal and financial services entered
12    into by the Illinois Housing Development Authority in
13    connection with the issuance of bonds in which the State
14    of Illinois is not obligated. Such contracts shall be
15    awarded through a competitive process authorized by the
16    members of the Illinois Housing Development Authority and
17    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
18    and 50-37 of this Code, as well as the final approval by
19    the members of the Illinois Housing Development Authority
20    of the terms of the contract.
21        (13) Contracts for services, commodities, and
22    equipment to support the delivery of timely forensic
23    science services in consultation with and subject to the
24    approval of the Chief Procurement Officer as provided in
25    subsection (d) of Section 5-4-3a of the Unified Code of
26    Corrections, except for the requirements of Sections

 

 

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1    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
2    Code; however, the Chief Procurement Officer may, in
3    writing with justification, waive any certification
4    required under Article 50 of this Code. For any contracts
5    for services which are currently provided by members of a
6    collective bargaining agreement, the applicable terms of
7    the collective bargaining agreement concerning
8    subcontracting shall be followed.
9        On and after January 1, 2019, this paragraph (13),
10    except for this sentence, is inoperative.
11        (14) Contracts for participation expenditures required
12    by a domestic or international trade show or exhibition of
13    an exhibitor, member, or sponsor.
14        (15) Contracts with a railroad or utility that
15    requires the State to reimburse the railroad or utilities
16    for the relocation of utilities for construction or other
17    public purpose. Contracts included within this paragraph
18    (15) shall include, but not be limited to, those
19    associated with: relocations, crossings, installations,
20    and maintenance. For the purposes of this paragraph (15),
21    "railroad" means any form of non-highway ground
22    transportation that runs on rails or electromagnetic
23    guideways and "utility" means: (1) public utilities as
24    defined in Section 3-105 of the Public Utilities Act, (2)
25    telecommunications carriers as defined in Section 13-202
26    of the Public Utilities Act, (3) electric cooperatives as

 

 

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1    defined in Section 3.4 of the Electric Supplier Act, (4)
2    telephone or telecommunications cooperatives as defined in
3    Section 13-212 of the Public Utilities Act, (5) rural
4    water or waste water systems with 10,000 connections or
5    less, (6) a holder as defined in Section 21-201 of the
6    Public Utilities Act, and (7) municipalities owning or
7    operating utility systems consisting of public utilities
8    as that term is defined in Section 11-117-2 of the
9    Illinois Municipal Code.
10        (16) Procurement expenditures necessary for the
11    Department of Public Health to provide the delivery of
12    timely newborn screening services in accordance with the
13    Newborn Metabolic Screening Act.
14        (17) Procurement expenditures necessary for the
15    Department of Agriculture, the Department of Financial and
16    Professional Regulation, the Department of Human Services,
17    and the Department of Public Health to implement the
18    Compassionate Use of Medical Cannabis Program and Opioid
19    Alternative Pilot Program requirements and ensure access
20    to medical cannabis for patients with debilitating medical
21    conditions in accordance with the Compassionate Use of
22    Medical Cannabis Program Act.
23        (18) This Code does not apply to any procurements
24    necessary for the Department of Agriculture, the
25    Department of Financial and Professional Regulation, the
26    Department of Human Services, the Department of Commerce

 

 

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1    and Economic Opportunity, and the Department of Public
2    Health to implement the Cannabis Regulation and Tax Act if
3    the applicable agency has made a good faith determination
4    that it is necessary and appropriate for the expenditure
5    to fall within this exemption and if the process is
6    conducted in a manner substantially in accordance with the
7    requirements of Sections 20-160, 25-60, 30-22, 50-5,
8    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
9    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
10    Section 50-35, compliance applies only to contracts or
11    subcontracts over $100,000. Notice of each contract
12    entered into under this paragraph (18) that is related to
13    the procurement of goods and services identified in
14    paragraph (1) through (9) of this subsection shall be
15    published in the Procurement Bulletin within 14 calendar
16    days after contract execution. The Chief Procurement
17    Officer shall prescribe the form and content of the
18    notice. Each agency shall provide the Chief Procurement
19    Officer, on a monthly basis, in the form and content
20    prescribed by the Chief Procurement Officer, a report of
21    contracts that are related to the procurement of goods and
22    services identified in this subsection. At a minimum, this
23    report shall include the name of the contractor, a
24    description of the supply or service provided, the total
25    amount of the contract, the term of the contract, and the
26    exception to this Code utilized. A copy of any or all of

 

 

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1    these contracts shall be made available to the Chief
2    Procurement Officer immediately upon request. The Chief
3    Procurement Officer shall submit a report to the Governor
4    and General Assembly no later than November 1 of each year
5    that includes, at a minimum, an annual summary of the
6    monthly information reported to the Chief Procurement
7    Officer. This exemption becomes inoperative 5 years after
8    June 25, 2019 (the effective date of Public Act 101-27).
9        (19) Acquisition of modifications or adjustments,
10    limited to assistive technology devices and assistive
11    technology services, adaptive equipment, repairs, and
12    replacement parts to provide reasonable accommodations (i)
13    that enable a qualified applicant with a disability to
14    complete the job application process and be considered for
15    the position such qualified applicant desires, (ii) that
16    modify or adjust the work environment to enable a
17    qualified current employee with a disability to perform
18    the essential functions of the position held by that
19    employee, (iii) to enable a qualified current employee
20    with a disability to enjoy equal benefits and privileges
21    of employment as are enjoyed by other similarly situated
22    employees without disabilities, and (iv) that allow a
23    customer, client, claimant, or member of the public
24    seeking State services full use and enjoyment of and
25    access to its programs, services, or benefits.
26        For purposes of this paragraph (19):

 

 

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1        "Assistive technology devices" means any item, piece
2    of equipment, or product system, whether acquired
3    commercially off the shelf, modified, or customized, that
4    is used to increase, maintain, or improve functional
5    capabilities of individuals with disabilities.
6        "Assistive technology services" means any service that
7    directly assists an individual with a disability in
8    selection, acquisition, or use of an assistive technology
9    device.
10        "Qualified" has the same meaning and use as provided
11    under the federal Americans with Disabilities Act when
12    describing an individual with a disability.
13        (20) Procurement expenditures necessary for the
14    Illinois Commerce Commission to hire third-party
15    facilitators pursuant to Sections 16-105.17 and 16-108.18
16    of the Public Utilities Act or an ombudsman pursuant to
17    Section 16-107.5 of the Public Utilities Act, a
18    facilitator pursuant to Section 16-105.17 of the Public
19    Utilities Act, or a grid auditor pursuant to Section
20    16-105.10 of the Public Utilities Act.
21        (21) Procurement expenditures for the purchase,
22    renewal, and expansion of software, software licenses, or
23    software maintenance agreements that support the efforts
24    of the Illinois State Police to enforce, regulate, and
25    administer the Firearm Owners Identification Card Act, the
26    Firearm Concealed Carry Act, the Firearms Restraining

 

 

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1    Order Act, the Firearm Dealer License Certification Act,
2    the Law Enforcement Agencies Data System (LEADS), the
3    Uniform Crime Reporting Act, the Criminal Identification
4    Act, the Illinois Uniform Conviction Information Act, and
5    the Gun Trafficking Information Act, or establish or
6    maintain record management systems necessary to conduct
7    human trafficking investigations or gun trafficking or
8    other stolen firearm investigations. This paragraph (21)
9    applies to contracts entered into on or after January 10,
10    2023 (the effective date of Public Act 102-1116) and the
11    renewal of contracts that are in effect on January 10,
12    2023 (the effective date of Public Act 102-1116).
13        (22) Contracts for project management services and
14    system integration services required for the completion of
15    the State's enterprise resource planning project. This
16    exemption becomes inoperative 5 years after June 7, 2023
17    (the effective date of the changes made to this Section by
18    Public Act 103-8). This paragraph (22) applies to
19    contracts entered into on or after June 7, 2023 (the
20    effective date of the changes made to this Section by
21    Public Act 103-8) and the renewal of contracts that are in
22    effect on June 7, 2023 (the effective date of the changes
23    made to this Section by Public Act 103-8).
24        (23) Procurements necessary for the Department of
25    Insurance to implement the Illinois Health Benefits
26    Exchange Law if the Department of Insurance has made a

 

 

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1    good faith determination that it is necessary and
2    appropriate for the expenditure to fall within this
3    exemption. The procurement process shall be conducted in a
4    manner substantially in accordance with the requirements
5    of Sections 20-160 and 25-60 and Article 50 of this Code. A
6    copy of these contracts shall be made available to the
7    Chief Procurement Officer immediately upon request. This
8    paragraph is inoperative 5 years after June 27, 2023 (the
9    effective date of Public Act 103-103).
10        (24) (22) Contracts for public education programming,
11    noncommercial sustaining announcements, public service
12    announcements, and public awareness and education
13    messaging with the nonprofit trade associations of the
14    providers of those services that inform the public on
15    immediate and ongoing health and safety risks and hazards.
16        (25) Contracts that are entered into by the Department
17    of Natural Resources and that are exempt from this Code
18    under subsection (d) of Section 25 of the Youth and Young
19    Adult Conservation Education Act.
20    Notwithstanding any other provision of law, for contracts
21with an annual value of more than $100,000 entered into on or
22after October 1, 2017 under an exemption provided in any
23paragraph of this subsection (b), except paragraph (1), (2),
24or (5), each State agency shall post to the appropriate
25procurement bulletin the name of the contractor, a description
26of the supply or service provided, the total amount of the

 

 

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1contract, the term of the contract, and the exception to the
2Code utilized. The chief procurement officer shall submit a
3report to the Governor and General Assembly no later than
4November 1 of each year that shall include, at a minimum, an
5annual summary of the monthly information reported to the
6chief procurement officer.
7    (c) This Code does not apply to the electric power
8procurement process provided for under Section 1-75 of the
9Illinois Power Agency Act and Section 16-111.5 of the Public
10Utilities Act. This Code does not apply to the procurement of
11technical and policy experts pursuant to Section 1-129 of the
12Illinois Power Agency Act.
13    (d) Except for Section 20-160 and Article 50 of this Code,
14and as expressly required by Section 9.1 of the Illinois
15Lottery Law, the provisions of this Code do not apply to the
16procurement process provided for under Section 9.1 of the
17Illinois Lottery Law.
18    (e) This Code does not apply to the process used by the
19Capital Development Board to retain a person or entity to
20assist the Capital Development Board with its duties related
21to the determination of costs of a clean coal SNG brownfield
22facility, as defined by Section 1-10 of the Illinois Power
23Agency Act, as required in subsection (h-3) of Section 9-220
24of the Public Utilities Act, including calculating the range
25of capital costs, the range of operating and maintenance
26costs, or the sequestration costs or monitoring the

 

 

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1construction of clean coal SNG brownfield facility for the
2full duration of construction.
3    (f) (Blank).
4    (g) (Blank).
5    (h) This Code does not apply to the process to procure or
6contracts entered into in accordance with Sections 11-5.2 and
711-5.3 of the Illinois Public Aid Code.
8    (i) Each chief procurement officer may access records
9necessary to review whether a contract, purchase, or other
10expenditure is or is not subject to the provisions of this
11Code, unless such records would be subject to attorney-client
12privilege.
13    (j) This Code does not apply to the process used by the
14Capital Development Board to retain an artist or work or works
15of art as required in Section 14 of the Capital Development
16Board Act.
17    (k) This Code does not apply to the process to procure
18contracts, or contracts entered into, by the State Board of
19Elections or the State Electoral Board for hearing officers
20appointed pursuant to the Election Code.
21    (l) This Code does not apply to the processes used by the
22Illinois Student Assistance Commission to procure supplies and
23services paid for from the private funds of the Illinois
24Prepaid Tuition Fund. As used in this subsection (l), "private
25funds" means funds derived from deposits paid into the
26Illinois Prepaid Tuition Trust Fund and the earnings thereon.

 

 

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1    (m) This Code shall apply regardless of the source of
2funds with which contracts are paid, including federal
3assistance moneys. Except as specifically provided in this
4Code, this Code shall not apply to procurement expenditures
5necessary for the Department of Public Health to conduct the
6Healthy Illinois Survey in accordance with Section 2310-431 of
7the Department of Public Health Powers and Duties Law of the
8Civil Administrative Code of Illinois.
9(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
10102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
119-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
12102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
136-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
141-2-24.)