Rep. Lance Yednock

Filed: 4/1/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4209

2    AMENDMENT NO. ______. Amend House Bill 4209 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Natural Resources Act is
5amended by changing Section 1-20 and by adding Section 1-50 as
6follows:
 
7    (20 ILCS 801/1-20)
8    Sec. 1-20. Real property. The Department has the power:
9    (a) To transfer jurisdiction of any realty under the
10control of the Department to any other Department of the State
11Government, or to any authority, commission or other agency of
12the State, and to acquire or accept federal lands, when such
13transfer, acquisition or acceptance is advantageous to the
14State and is approved in writing by the Governor.
15    (b) To lease, from time to time, any land or property, with
16or without appurtenances, of which the Department has

 

 

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1jurisdiction, and which are not immediately to be used or
2developed by the State; provided that no such lease be for a
3longer period of time than that in which it can reasonably be
4expected the State will not have use for such property, and
5further provided that no such lease be for a longer period of
6time than 10 5 years.
7    (c) To lease any land or property over which the
8Department has jurisdiction for the purpose of creating,
9operating, or maintaining a commercial solar energy system, as
10defined in Section 10-720 of the Property Tax Code, or a clean
11energy project, as defined in the Department of Natural
12Resources (Conservation) Law of the Civil Administrative Code
13of Illinois. A lease under this subsection (c) shall not be for
14a period longer than 40 years. The lease may be renewed by the
15Department for periods not longer than 40 years per renewal.
16If practical, the Department shall require that any land or
17property over which the Department has jurisdiction and that
18is used for the purpose of creating, operating, or maintaining
19a commercial solar energy system shall have implemented on it
20and maintained management practices that would qualify the
21land or property as a beneficial habitat under the
22Pollinator-Friendly Solar Site Act. The Department shall
23prioritize commercial solar energy system sites based on their
24suitability and economic feasibility for solar use. The
25Department may also prioritize commercial solar energy system
26sites with a significant history of disturbance, such as

 

 

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1former strip mines, marginally productive agricultural land,
2or previously developed sites. The Department may consider any
3land use that is lost from the installation of a commercial
4solar energy system in making a determination regarding the
5suitability of a site. At least 60 days before entering into a
6lease for a commercial solar energy system under this
7subsection (c), the Department shall post in the Illinois
8Register notice of the Department's intent to enter into the
9lease and shall provide a copy of the notice to a municipality
10if the leased area is located within the borders of the
11municipality. The notice shall include the specific location
12and size of the proposed commercial solar energy system. The
13Department shall consider and respond to all public comments
14regarding the posting that are received by the Department
15within 30 days of the posting.
16(Source: P.A. 89-445, eff. 2-7-96.)
 
17    (20 ILCS 801/1-50 new)
18    Sec. 1-50. Administrative rules. The Department of Natural
19Resources may adopt rules necessary to carry out its duties
20under this Act.
 
21    Section 10. The Department of Natural Resources
22(Conservation) Law of the Civil Administrative Code of
23Illinois is amended by changing Sections 805-5, 805-230,
24805-235, and 805-280 and by adding Section 805-580 as follows:
 

 

 

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1    (20 ILCS 805/805-5)
2    Sec. 805-5. Definitions. In this Law:
3    "Clean energy" means energy that is generated, by design
4or operation, in a manner that is substantially free of carbon
5dioxide emissions or in a manner that otherwise contributes to
6the reduction in emissions of environmentally hazardous
7materials or reduces the volume of environmentally dangerous
8materials.
9    "Clean energy project" means a project that is undertaken
10to acquire, construct, refurbish, create, develop, or
11redevelop any facility, equipment, machinery, or real or
12personal property and that will aid, assist, or encourage the
13development or implementation of clean energy in the State.
14    "Department" means the Department of Natural Resources.
15    "Director" means the Director of Natural Resources.
16(Source: P.A. 91-239, eff. 1-1-00.)
 
17    (20 ILCS 805/805-230)  (was 20 ILCS 805/63a18)
18    Sec. 805-230. Developing recreational areas. The
19Department has the power to lease from individuals,
20corporations, or any other form of private ownership, from any
21municipality, public corporation, or political subdivision of
22this State, or from the United States any lands or waters for
23the purpose of developing outdoor recreational areas for
24public use and to acquire all necessary property or

 

 

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1rights-of-way for the purposes of ingress or egress to those
2lands and waters and to construct buildings and other
3recreational facilities, including roadways, bridges, and
4parking areas, commercial solar energy systems, and clean
5energy projects that the Department deems necessary or
6desirable for maximum utilization of recreational facilities
7for public use of the areas.
8(Source: P.A. 91-239, eff. 1-1-00.)
 
9    (20 ILCS 805/805-235)  (was 20 ILCS 805/63a6)
10    Sec. 805-235. Lease of lands acquired by the Department;
11disposition of obsolete buildings. The Department has the
12power to do and perform each and every act or thing considered
13by the Director to be necessary or desirable to fulfill and
14carry out the intent and purpose of all laws pertaining to the
15Department, including the right to rehabilitate or sell at
16public auction buildings or structures affixed to lands over
17which the Department has acquired jurisdiction when in the
18judgment of the Director those buildings or structures are
19obsolete, inadequate, or unusable for the purposes of the
20Department and to lease those lands with or without
21appurtenances for a consideration in money or in kind for a
22period of time not in excess of 10 5 years for the purposes and
23upon the terms and conditions that the Director considers to
24be in the best interests of the State when those lands are not
25immediately to be used or developed by the State. All those

 

 

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1sales shall be made subject to the written approval of the
2Governor. The funds derived from those sales and from those
3leases shall be deposited in the State Parks Fund, except that
4funds derived from those sales and from those leases on lands
5managed and operated principally as wildlife or fisheries
6areas by the Department shall be deposited in the Wildlife and
7Fish Fund.
8(Source: P.A. 91-239, eff. 1-1-00.)
 
9    (20 ILCS 805/805-280 new)
10    Sec. 805-280. Leases for the purpose of creating,
11operating, or maintaining a commercial solar energy system or
12clean energy project. The Department may lease any land or
13property over which the Department has jurisdiction for the
14purpose of creating, operating, or maintaining a commercial
15solar energy system, as defined in Section 10-720 of the
16Property Tax Code, or a clean energy project. The lease shall
17not be for a period longer than 40 years. The lease may be
18renewed for periods not longer than 40 years per renewal. The
19Department shall require that any lease must provide for a
20signed project labor agreement for the length of the lease
21term. If practical, the Department shall require that any land
22or property over which the Department has jurisdiction that is
23used for the purpose of creating, operating, or maintaining a
24commercial solar energy system shall have implemented on it
25and maintained management practices that would qualify the

 

 

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1land or property as a beneficial habitat under the
2Pollinator-Friendly Solar Site Act. The Department shall
3require that any lease must include a signed project labor
4agreement for the length of the lease term. The Department
5shall prioritize commercial solar energy system sites based on
6their suitability and economic feasibility for solar use. The
7Department may also prioritize commercial solar energy system
8sites with a significant history of disturbance, such as
9former strip mines, marginally productive agricultural land,
10or previously developed sites. The Department may consider any
11land use that is lost from the installation of a commercial
12solar energy system in making a determination for the
13suitability of a site.
 
14    (20 ILCS 805/805-580 new)
15    Sec. 805-580. Electric vehicle charging stations.
16    (a) The Department may provide for at least one electric
17vehicle charging station, as defined in the Electric Vehicle
18Act, at any State park or other real property that is owned by
19the Department where electrical service will reasonably
20permit. The Department is authorized to charge user fees for
21the use of such electric vehicle charging stations.
22    (b) The Department may adopt and publish specifications
23detailing the kind and type of electric vehicle charging
24stations to be provided and may adopt rules governing the fees
25for use of electric vehicle charging stations at State parks

 

 

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1or other real property that is owned by the Department.
 
2    Section 15. The State Parks Act is amended by changing
3Sections 2, 3, 3a, and 4 as follows:
 
4    (20 ILCS 835/2)  (from Ch. 105, par. 466)
5    Sec. 2. It shall be the policy of the State of Illinois to
6acquire a system of State parks which shall embody the
7following purposes and objectives:
8        (1) To preserve the most important historic sites and
9    events that which are connected with the peoples who are
10    geographically and culturally affiliated to the land now
11    known as the State of Illinois early pioneer or Indian
12    history, so that their such history of the Indians,
13    explorers, missionaries and settlers may be preserved, not
14    only as a tribute to those peoples that came before us who
15    made possible the building of the State of Illinois and of
16    the Union, but also as a part of the education of present
17    and future Illinois citizens.
18        (2) To set aside as public reservations those
19    locations which have unusual scenic attractions caused by
20    geologic or topographic formations, such as canyons,
21    gorges, caves, dunes, beaches, moraines, palisades,
22    examples of Illinois prairie, and points of scientific
23    interest to botanists and naturalists. These areas should
24    be large in size and whenever practicable shall be not

 

 

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1    less than 1,000 acres in extent. However, smaller areas
2    may be acquired wherever conditions do not warrant the
3    acquisition of the larger acreage.
4        (3) To preserve large forested areas and marginal
5    lands along the rivers, small water courses, and lakes for
6    a recreation use different from that given by the typical
7    city park, and so that these tracts may remain unchanged
8    by civilization, so far as possible, and be kept for
9    future generations. Such areas also, should be acquired in
10    units of 1,000 acres or more and may be available as fish
11    and game preserves. However, smaller areas may be acquired
12    wherever conditions do not warrant the acquisition of the
13    larger acreage.
14        (4) To connect these parks with each other by a system
15    of scenic parkways with widths varying from 100 to 1,000
16    feet, as a supplement to and completion of the State
17    highway system. Where the present State highway routes may
18    serve this purpose, their location, alignment and design
19    should be studied with this plan in view. At suitable
20    locations along these highways, pure water supplies and
21    shelters and comfort facilities of attractive design may
22    be installed for the convenience of the public.
23    The Department of Natural Resources is authorized on in
24behalf of the State of Illinois to accept by donation or
25bequest, to purchase or acquire by condemnation proceedings in
26the manner provided for the exercise of the power of eminent

 

 

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1domain under the Eminent Domain Act, or by contract for deed
2payable over a period of time not to exceed 10 years, or in any
3other legal manner, the title to all such lands, waters or
4regions, and the easements appurtenant or contributory
5thereto, which shall be in accord with such policy in respect
6to a system of State parks, for the purpose of which the
7General Assembly may make an appropriation. Purchases by
8contract for deed under this Section shall not exceed
9$20,000,000 in total purchase price for land under contract at
10any one given time.
11(Source: P.A. 94-1055, eff. 1-1-07.)
 
12    (20 ILCS 835/3)  (from Ch. 105, par. 467)
13    Sec. 3. In maintaining the State parks the Department of
14Natural Resources shall conserve the original character as
15distinguished from the artificial landscaping of such parks.
16As used in this Section, "artificial landscaping" does not
17include any landscaping or other site modification or use
18resulting from any lease entered into by the Department of
19Natural Resources for the creation, operation, or maintenance
20of a commercial solar energy system, as defined in Section
2110-720 of the Property Tax Code, or a clean energy project, as
22defined in the Department of Natural Resources (Conservation)
23Law of the Civil Administrative Code of Illinois. Instead,
24these site modifications and uses are hereby deemed to support
25conservation of the original character of the parks.

 

 

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1(Source: P.A. 89-445, eff. 2-7-96.)
 
2    (20 ILCS 835/3a)  (from Ch. 105, par. 467a)
3    Sec. 3a. The Department of Natural Resources shall not
4dispose of any portion of a State park except as specifically
5authorized by law. This prohibition shall not restrict the
6Department from conveyance of easements, leases, and other
7lesser interests in land.
8(Source: P.A. 89-445, eff. 2-7-96.)
 
9    (20 ILCS 835/4)  (from Ch. 105, par. 468)
10    Sec. 4. The Department of Natural Resources has the power:
11    (1) To make rules and regulations necessary to carry out
12its duties under this Act, including rules and regulations for
13the use, care, improvement, control and administration of
14lands under its jurisdiction, and to enforce the same.
15    (2) To employ such custodians, keepers, clerks,
16assistants, laborers and subordinates as may be necessary to
17carry out the provisions of this Act.
18    (3) To lay out, construct and maintain all needful roads,
19parking areas, paths or trails, bridges, and docks, camp or
20lodge sites, picnic areas, beach houses, lodges and cabins and
21any other structures and improvements necessary and
22appropriate in any state park or easement thereto; and to
23provide water supplies, heat and light, and sanitary
24facilities for the public and living quarters for the

 

 

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1custodians and keepers of state parks.
2    (4) To replant any devastated native plant areas of any
3State park or increase or supplement the same when necessary
4with plant material indigenous to such park.
5    (5) To cooperate with the United States government and
6with other states in matters relating to the care,
7improvement, control and administration of national or
8interstate parks.
9    (6) To cooperate and contract with any agency,
10organization or individual in a manner consistent with the
11purposes of this Act and the powers granted the Department
12herein.
13    (7) To accept and administer gifts, grants and legacies of
14money, securities or property to be used by the Department of
15Natural Resources for the purposes of this Act and according
16to the tenor of such gift, grant or legacy.
17    (8) To enter into leases that allow for the creation,
18operation, or maintenance of a commercial solar energy system,
19as defined in Section 10-720 of the Property Tax Code, or a
20clean energy project, as defined in the Department of Natural
21Resources (Conservation) Law of the Civil Administrative Code
22of Illinois. If practical, the Department shall require that
23any land or property over which the Department has
24jurisdiction that is used for the purpose of creating,
25operating, or maintaining a commercial solar energy system
26shall have implemented on it and maintained management

 

 

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1practices that would qualify the land or property as a
2beneficial habitat under the Pollinator-Friendly Solar Site
3Act. The Department shall require that any lease must include
4a signed project labor agreement for the length of the lease
5term. The Department shall prioritize commercial solar energy
6system sites based on their suitability and economic
7feasibility for solar use. The Department may also prioritize
8commercial solar energy system sites with a significant
9history of disturbance, such as former strip mines, marginally
10productive agricultural land, or previously developed sites.
11In making a determination for the suitability of a site, the
12Department may consider any land use that is lost from the
13installation of a commercial solar energy system.
14(Source: P.A. 89-445, eff. 2-7-96.)
 
15    Section 20. The Illinois Procurement Code is amended by
16changing Section 1-10 as follows:
 
17    (30 ILCS 500/1-10)
18    Sec. 1-10. Application.
19    (a) This Code applies only to procurements for which
20bidders, offerors, potential contractors, or contractors were
21first solicited on or after July 1, 1998. This Code shall not
22be construed to affect or impair any contract, or any
23provision of a contract, entered into based on a solicitation
24prior to the implementation date of this Code as described in

 

 

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1Article 99, including, but not limited to, any covenant
2entered into with respect to any revenue bonds or similar
3instruments. All procurements for which contracts are
4solicited between the effective date of Articles 50 and 99 and
5July 1, 1998 shall be substantially in accordance with this
6Code and its intent.
7    (b) This Code shall apply regardless of the source of the
8funds with which the contracts are paid, including federal
9assistance moneys. This Code shall not apply to:
10        (1) Contracts between the State and its political
11    subdivisions or other governments, or between State
12    governmental bodies, except as specifically provided in
13    this Code.
14        (2) Grants, except for the filing requirements of
15    Section 20-80.
16        (3) Purchase of care, except as provided in Section
17    5-30.6 of the Illinois Public Aid Code and this Section.
18        (4) Hiring of an individual as an employee and not as
19    an independent contractor, whether pursuant to an
20    employment code or policy or by contract directly with
21    that individual.
22        (5) Collective bargaining contracts.
23        (6) Purchase of real estate, except that notice of
24    this type of contract with a value of more than $25,000
25    must be published in the Procurement Bulletin within 10
26    calendar days after the deed is recorded in the county of

 

 

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1    jurisdiction. The notice shall identify the real estate
2    purchased, the names of all parties to the contract, the
3    value of the contract, and the effective date of the
4    contract.
5        (7) Contracts necessary to prepare for anticipated
6    litigation, enforcement actions, or investigations,
7    provided that the chief legal counsel to the Governor
8    shall give his or her prior approval when the procuring
9    agency is one subject to the jurisdiction of the Governor,
10    and provided that the chief legal counsel of any other
11    procuring entity subject to this Code shall give his or
12    her prior approval when the procuring entity is not one
13    subject to the jurisdiction of the Governor.
14        (8) (Blank).
15        (9) Procurement expenditures by the Illinois
16    Conservation Foundation when only private funds are used.
17        (10) (Blank).
18        (11) Public-private agreements entered into according
19    to the procurement requirements of Section 20 of the
20    Public-Private Partnerships for Transportation Act and
21    design-build agreements entered into according to the
22    procurement requirements of Section 25 of the
23    Public-Private Partnerships for Transportation Act.
24        (12) (A) Contracts for legal, financial, and other
25    professional and artistic services entered into by the
26    Illinois Finance Authority in which the State of Illinois

 

 

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1    is not obligated. Such contracts shall be awarded through
2    a competitive process authorized by the members of the
3    Illinois Finance Authority and are subject to Sections
4    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
5    as well as the final approval by the members of the
6    Illinois Finance Authority of the terms of the contract.
7        (B) Contracts for legal and financial services entered
8    into by the Illinois Housing Development Authority in
9    connection with the issuance of bonds in which the State
10    of Illinois is not obligated. Such contracts shall be
11    awarded through a competitive process authorized by the
12    members of the Illinois Housing Development Authority and
13    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
14    and 50-37 of this Code, as well as the final approval by
15    the members of the Illinois Housing Development Authority
16    of the terms of the contract.
17        (13) Contracts for services, commodities, and
18    equipment to support the delivery of timely forensic
19    science services in consultation with and subject to the
20    approval of the Chief Procurement Officer as provided in
21    subsection (d) of Section 5-4-3a of the Unified Code of
22    Corrections, except for the requirements of Sections
23    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
24    Code; however, the Chief Procurement Officer may, in
25    writing with justification, waive any certification
26    required under Article 50 of this Code. For any contracts

 

 

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1    for services which are currently provided by members of a
2    collective bargaining agreement, the applicable terms of
3    the collective bargaining agreement concerning
4    subcontracting shall be followed.
5        On and after January 1, 2019, this paragraph (13),
6    except for this sentence, is inoperative.
7        (14) Contracts for participation expenditures required
8    by a domestic or international trade show or exhibition of
9    an exhibitor, member, or sponsor.
10        (15) Contracts with a railroad or utility that
11    requires the State to reimburse the railroad or utilities
12    for the relocation of utilities for construction or other
13    public purpose. Contracts included within this paragraph
14    (15) shall include, but not be limited to, those
15    associated with: relocations, crossings, installations,
16    and maintenance. For the purposes of this paragraph (15),
17    "railroad" means any form of non-highway ground
18    transportation that runs on rails or electromagnetic
19    guideways and "utility" means: (1) public utilities as
20    defined in Section 3-105 of the Public Utilities Act, (2)
21    telecommunications carriers as defined in Section 13-202
22    of the Public Utilities Act, (3) electric cooperatives as
23    defined in Section 3.4 of the Electric Supplier Act, (4)
24    telephone or telecommunications cooperatives as defined in
25    Section 13-212 of the Public Utilities Act, (5) rural
26    water or waste water systems with 10,000 connections or

 

 

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

 

 

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1    to fall within this exemption and if the process is
2    conducted in a manner substantially in accordance with the
3    requirements of Sections 20-160, 25-60, 30-22, 50-5,
4    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
5    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
6    Section 50-35, compliance applies only to contracts or
7    subcontracts over $100,000. Notice of each contract
8    entered into under this paragraph (18) that is related to
9    the procurement of goods and services identified in
10    paragraph (1) through (9) of this subsection shall be
11    published in the Procurement Bulletin within 14 calendar
12    days after contract execution. The Chief Procurement
13    Officer shall prescribe the form and content of the
14    notice. Each agency shall provide the Chief Procurement
15    Officer, on a monthly basis, in the form and content
16    prescribed by the Chief Procurement Officer, a report of
17    contracts that are related to the procurement of goods and
18    services identified in this subsection. At a minimum, this
19    report shall include the name of the contractor, a
20    description of the supply or service provided, the total
21    amount of the contract, the term of the contract, and the
22    exception to this Code utilized. A copy of any or all of
23    these contracts shall be made available to the Chief
24    Procurement Officer immediately upon request. The Chief
25    Procurement Officer shall submit a report to the Governor
26    and General Assembly no later than November 1 of each year

 

 

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1    that includes, at a minimum, an annual summary of the
2    monthly information reported to the Chief Procurement
3    Officer. This exemption becomes inoperative 5 years after
4    June 25, 2019 (the effective date of Public Act 101-27).
5        (19) Acquisition of modifications or adjustments,
6    limited to assistive technology devices and assistive
7    technology services, adaptive equipment, repairs, and
8    replacement parts to provide reasonable accommodations (i)
9    that enable a qualified applicant with a disability to
10    complete the job application process and be considered for
11    the position such qualified applicant desires, (ii) that
12    modify or adjust the work environment to enable a
13    qualified current employee with a disability to perform
14    the essential functions of the position held by that
15    employee, (iii) to enable a qualified current employee
16    with a disability to enjoy equal benefits and privileges
17    of employment as are enjoyed by other similarly situated
18    employees without disabilities, and (iv) that allow a
19    customer, client, claimant, or member of the public
20    seeking State services full use and enjoyment of and
21    access to its programs, services, or benefits.
22        For purposes of this paragraph (19):
23        "Assistive technology devices" means any item, piece
24    of equipment, or product system, whether acquired
25    commercially off the shelf, modified, or customized, that
26    is used to increase, maintain, or improve functional

 

 

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1    capabilities of individuals with disabilities.
2        "Assistive technology services" means any service that
3    directly assists an individual with a disability in
4    selection, acquisition, or use of an assistive technology
5    device.
6        "Qualified" has the same meaning and use as provided
7    under the federal Americans with Disabilities Act when
8    describing an individual with a disability.
9        (20) Procurement expenditures necessary for the
10    Illinois Commerce Commission to hire third-party
11    facilitators pursuant to Sections 16-105.17 and 16-108.18
12    of the Public Utilities Act or an ombudsman pursuant to
13    Section 16-107.5 of the Public Utilities Act, a
14    facilitator pursuant to Section 16-105.17 of the Public
15    Utilities Act, or a grid auditor pursuant to Section
16    16-105.10 of the Public Utilities Act.
17        (21) Procurement expenditures for the purchase,
18    renewal, and expansion of software, software licenses, or
19    software maintenance agreements that support the efforts
20    of the Illinois State Police to enforce, regulate, and
21    administer the Firearm Owners Identification Card Act, the
22    Firearm Concealed Carry Act, the Firearms Restraining
23    Order Act, the Firearm Dealer License Certification Act,
24    the Law Enforcement Agencies Data System (LEADS), the
25    Uniform Crime Reporting Act, the Criminal Identification
26    Act, the Illinois Uniform Conviction Information Act, and

 

 

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1    the Gun Trafficking Information Act, or establish or
2    maintain record management systems necessary to conduct
3    human trafficking investigations or gun trafficking or
4    other stolen firearm investigations. This paragraph (21)
5    applies to contracts entered into on or after January 10,
6    2023 (the effective date of Public Act 102-1116) and the
7    renewal of contracts that are in effect on January 10,
8    2023 (the effective date of Public Act 102-1116).
9        (22) Contracts for project management services and
10    system integration services required for the completion of
11    the State's enterprise resource planning project. This
12    exemption becomes inoperative 5 years after June 7, 2023
13    (the effective date of the changes made to this Section by
14    Public Act 103-8). This paragraph (22) applies to
15    contracts entered into on or after June 7, 2023 (the
16    effective date of the changes made to this Section by
17    Public Act 103-8) and the renewal of contracts that are in
18    effect on June 7, 2023 (the effective date of the changes
19    made to this Section by Public Act 103-8).
20        (23) Procurements necessary for the Department of
21    Insurance to implement the Illinois Health Benefits
22    Exchange Law if the Department of Insurance has made a
23    good faith determination that it is necessary and
24    appropriate for the expenditure to fall within this
25    exemption. The procurement process shall be conducted in a
26    manner substantially in accordance with the requirements

 

 

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1    of Sections 20-160 and 25-60 and Article 50 of this Code. A
2    copy of these contracts shall be made available to the
3    Chief Procurement Officer immediately upon request. This
4    paragraph is inoperative 5 years after June 27, 2023 (the
5    effective date of Public Act 103-103).
6        (24) (22) Contracts for public education programming,
7    noncommercial sustaining announcements, public service
8    announcements, and public awareness and education
9    messaging with the nonprofit trade associations of the
10    providers of those services that inform the public on
11    immediate and ongoing health and safety risks and hazards.
12        (25) Expenditures for the Department of Natural
13    Resources to achieve and maintain compliance with the Law
14    Enforcement Officer-Worn Body Camera Act and involving
15    body cameras, information technology, or contractual
16    services relevant to the collection of evidence that is to
17    be used in administrative, judicial, legislative, or
18    disciplinary proceedings and that must be maintained in a
19    secure and confidential manner to protect its integrity.
20    This paragraph (25) applies to contracts entered into on
21    or after the effective date of this amendatory Act of the
22    103rd General Assembly and the renewal of contracts that
23    are in effect on the effective date of this amendatory Act
24    of the 103rd General Assembly regarding all purchases by
25    the Department of Natural Resources related to the Law
26    Enforcement Officer-Worn Body Camera Act.    

 

 

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1        (26) Expenditures for the purchase, renewal, and
2    expansion of technology, software, software licenses, or
3    software maintenance agreements that support the efforts
4    of the Department of Natural Resources, Office of Law
5    Enforcement, for administrative purposes and to enforce
6    and regulate all criminal statutes, including, but not
7    limited to, the Boat Registration and Safety Act, the Fish
8    and Aquatic Life Code, the Wildlife Code, the Snowmobile
9    Registration and Safety Act, and the Timber Buyers
10    Licensing Act and all applicable administrative rules, and
11    to establish or maintain record management systems
12    necessary to ensure that law enforcement records are
13    created, managed, retained, and disposed of in a manner
14    that supports all laws and the operational needs the
15    Office of Law Enforcement while also protecting the rights
16    and interests of individuals and the public.
17        (27) Expenditures necessary to provide for the
18    purchase, site preparation, installation, maintenance, and
19    repair of a clean energy project, including, but not
20    limited to, solar energy projects, renewable energy
21    projects, and electrification of facility infrastructure,
22    and electric vehicle charging stations, as defined in the
23    Electric Vehicle Act. Such expenditures may include, but
24    are not limited to, erection and maintenance of electric
25    vehicle charging stations, wireless network
26    infrastructure, water infrastructure, solar projects, and

 

 

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1    other projects that decrease the energy footprint of the
2    State of Illinois. This paragraph (27) applies to
3    contracts entered into, on or after the effective date of
4    this amendatory Act of the 103rd General Assembly and the
5    renewal of contracts that are in effect on the effective
6    date of this amendatory Act of the 103rd General Assembly
7    regarding all purchases by the Department of Natural
8    Resources related to the erection and maintenance of clean
9    energy projects. Contracts, excluding contracts for
10    equipment purchases, entered into under this Section shall
11    comply with the Project Labor Agreements Act, except that
12    a project labor agreement entered into under this Section
13    shall be entered into with the local building and
14    construction trades council having geographic jurisdiction
15    over the project. Contracts entered into under this
16    Section shall comply with the Business Enterprise for
17    Minorities, Women, and Persons with Disabilities Act. This
18    paragraph (27) becomes inapplicable 5 years after the
19    effective date of this amendatory Act of the 103rd General
20    Assembly.
21        As used in this paragraph (27
    ), "clean energy project"
22    has the meaning given in the Department of Natural
23    Resources (Conservation) Law of the Civil Administrative
24    Code of Illinois.
25    Notwithstanding any other provision of law, for contracts
26with an annual value of more than $100,000 entered into on or

 

 

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1after October 1, 2017 under an exemption provided in any
2paragraph of this subsection (b), except paragraph (1), (2),
3or (5), each State agency shall post to the appropriate
4procurement bulletin the name of the contractor, a description
5of the supply or service provided, the total amount of the
6contract, the term of the contract, and the exception to the
7Code utilized. The chief procurement officer shall submit a
8report to the Governor and General Assembly no later than
9November 1 of each year that shall include, at a minimum, an
10annual summary of the monthly information reported to the
11chief procurement officer.
12    (c) This Code does not apply to the electric power
13procurement process provided for under Section 1-75 of the
14Illinois Power Agency Act and Section 16-111.5 of the Public
15Utilities Act. This Code does not apply to the procurement of
16technical and policy experts pursuant to Section 1-129 of the
17Illinois Power Agency Act.
18    (d) Except for Section 20-160 and Article 50 of this Code,
19and as expressly required by Section 9.1 of the Illinois
20Lottery Law, the provisions of this Code do not apply to the
21procurement process provided for under Section 9.1 of the
22Illinois Lottery Law.
23    (e) This Code does not apply to the process used by the
24Capital Development Board to retain a person or entity to
25assist the Capital Development Board with its duties related
26to the determination of costs of a clean coal SNG brownfield

 

 

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1facility, as defined by Section 1-10 of the Illinois Power
2Agency Act, as required in subsection (h-3) of Section 9-220
3of the Public Utilities Act, including calculating the range
4of capital costs, the range of operating and maintenance
5costs, or the sequestration costs or monitoring the
6construction of clean coal SNG brownfield facility for the
7full duration of construction.
8    (f) (Blank).
9    (g) (Blank).
10    (h) This Code does not apply to the process to procure or
11contracts entered into in accordance with Sections 11-5.2 and
1211-5.3 of the Illinois Public Aid Code.
13    (i) Each chief procurement officer may access records
14necessary to review whether a contract, purchase, or other
15expenditure is or is not subject to the provisions of this
16Code, unless such records would be subject to attorney-client
17privilege.
18    (j) This Code does not apply to the process used by the
19Capital Development Board to retain an artist or work or works
20of art as required in Section 14 of the Capital Development
21Board Act.
22    (k) This Code does not apply to the process to procure
23contracts, or contracts entered into, by the State Board of
24Elections or the State Electoral Board for hearing officers
25appointed pursuant to the Election Code.
26    (l) This Code does not apply to the processes used by the

 

 

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1Illinois Student Assistance Commission to procure supplies and
2services paid for from the private funds of the Illinois
3Prepaid Tuition Fund. As used in this subsection (l), "private
4funds" means funds derived from deposits paid into the
5Illinois Prepaid Tuition Trust Fund and the earnings thereon.
6    (m) This Code shall apply regardless of the source of
7funds with which contracts are paid, including federal
8assistance moneys. Except as specifically provided in this
9Code, this Code shall not apply to procurement expenditures
10necessary for the Department of Public Health to conduct the
11Healthy Illinois Survey in accordance with Section 2310-431 of
12the Department of Public Health Powers and Duties Law of the
13Civil Administrative Code of Illinois.
14(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
15102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
169-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
17102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
186-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
191-2-24.)".