Illinois General Assembly - Full Text of HB4209
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Full Text of HB4209  103rd General Assembly

HB4209ham002 103RD GENERAL ASSEMBLY

Rep. Lance Yednock

Filed: 4/16/2024

 

 


 

 


 
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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 shall prioritize commercial solar energy system
26sites with a significant history of disturbance, such as

 

 

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1former strip mines or previously developed sites. The
2Department may consider any land use that is lost from the
3installation of a commercial solar energy system in making a
4determination regarding the suitability of a site. At least 60
5days before entering into a lease for a commercial solar
6energy system under this subsection (c), the Department shall
7post in the Illinois Register notice of the Department's
8intent to enter into the lease and shall provide a copy of the
9notice to a municipality if the leased area is located within
10the borders of the municipality. The notice shall include the
11specific location and size of the proposed commercial solar
12energy system. The Department shall consider and respond to
13all public comments regarding the posting that are received by
14the Department within 30 days of the posting.
15(Source: P.A. 89-445, eff. 2-7-96.)
 
16    (20 ILCS 801/1-50 new)
17    Sec. 1-50. Administrative rules. The Department of Natural
18Resources may adopt rules necessary to carry out its duties
19under this Act.
 
20    Section 10. The Department of Natural Resources
21(Conservation) Law of the Civil Administrative Code of
22Illinois is amended by changing Sections 805-5, 805-230,
23805-235, 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
25rights-of-way for the purposes of ingress or egress to those

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1bequest, to purchase or acquire by condemnation proceedings in
2the manner provided for the exercise of the power of eminent
3domain under the Eminent Domain Act, or by contract for deed
4payable over a period of time not to exceed 10 years, or in any
5other legal manner, the title to all such lands, waters or
6regions, and the easements appurtenant or contributory
7thereto, which shall be in accord with such policy in respect
8to a system of State parks, for the purpose of which the
9General Assembly may make an appropriation. Purchases by
10contract for deed under this Section shall not exceed
11$20,000,000 in total purchase price for land under contract at
12any one given time.
13(Source: P.A. 94-1055, eff. 1-1-07.)
 
14    (20 ILCS 835/3)  (from Ch. 105, par. 467)
15    Sec. 3. In maintaining the State parks the Department of
16Natural Resources shall conserve the original character as
17distinguished from the artificial landscaping of such parks.
18As used in this Section, "artificial landscaping" does not
19include any landscaping or other site modification or use
20resulting from any lease entered into by the Department of
21Natural Resources for the creation, operation, or maintenance
22of a commercial solar energy system, as defined in Section
2310-720 of the Property Tax Code, or a clean energy project, as
24defined in the Department of Natural Resources (Conservation)
25Law of the Civil Administrative Code of Illinois. Instead,

 

 

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

 

 

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

 

 

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1operating, or maintaining a commercial solar energy system
2shall have implemented on it and maintained management
3practices that would qualify the land or property as a
4beneficial habitat under the Pollinator-Friendly Solar Site
5Act. The Department shall require that any lease must include
6a signed project labor agreement for the length of the lease
7term. A project labor agreement entered into under this
8Section shall be entered into with the local building and
9construction trades council having geographic jurisdiction
10over the project. The Department shall prioritize commercial
11solar energy system sites based on their suitability and
12economic feasibility for solar use. The Department shall
13prioritize commercial solar energy system sites with a
14significant history of disturbance, such as former strip mines
15or previously developed sites. In making a determination for
16the suitability of a site, the Department may consider any
17land use that is lost from the installation of a commercial
18solar energy system.
19(Source: P.A. 89-445, eff. 2-7-96.)
 
20    Section 20. The Illinois Procurement Code is amended by
21changing Section 1-10 as follows:
 
22    (30 ILCS 500/1-10)
23    Sec. 1-10. Application.
24    (a) This Code applies only to procurements for which

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10300HB4209ham002- 21 -LRB103 34958 BDA 72351 a

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

 

 

10300HB4209ham002- 22 -LRB103 34958 BDA 72351 a

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

 

 

10300HB4209ham002- 23 -LRB103 34958 BDA 72351 a

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

 

 

10300HB4209ham002- 24 -LRB103 34958 BDA 72351 a

1    103rd General Assembly and the renewal of contracts that
2    are in effect on the effective date of this amendatory Act
3    of the 103rd General Assembly regarding all purchases by
4    the Department of Natural Resources related to the Law
5    Enforcement Officer-Worn Body Camera Act.    
6        (26) Expenditures for the purchase, renewal, and
7    expansion of technology, software, software licenses, or
8    software maintenance agreements that support the efforts
9    of the Department of Natural Resources, Office of Law
10    Enforcement, for administrative purposes and to enforce
11    and regulate all criminal statutes, including, but not
12    limited to, the Boat Registration and Safety Act, the Fish
13    and Aquatic Life Code, the Wildlife Code, the Snowmobile
14    Registration and Safety Act, and the Timber Buyers
15    Licensing Act and all applicable administrative rules, and
16    to establish or maintain record management systems
17    necessary to ensure that law enforcement records are
18    created, managed, retained, and disposed of in a manner
19    that supports all laws and the operational needs the
20    Office of Law Enforcement while also protecting the rights
21    and interests of individuals and the public.
22        (27) Expenditures necessary to provide for the
23    purchase, site preparation, installation, maintenance, and
24    repair of a clean energy project, including, but not
25    limited to, solar energy projects, renewable energy
26    projects, and electrification of facility infrastructure,

 

 

10300HB4209ham002- 25 -LRB103 34958 BDA 72351 a

1    and electric vehicle charging stations, as defined in the
2    Electric Vehicle Act. Such expenditures may include, but
3    are not limited to, erection and maintenance of electric
4    vehicle charging stations, wireless network
5    infrastructure, water infrastructure, solar projects, and
6    other projects that decrease the energy footprint of the
7    State of Illinois. This paragraph (27) applies to
8    contracts entered into, on or after the effective date of
9    this amendatory Act of the 103rd General Assembly and the
10    renewal of contracts that are in effect on the effective
11    date of this amendatory Act of the 103rd General Assembly
12    regarding all purchases by the Department of Natural
13    Resources related to the erection and maintenance of clean
14    energy projects. Contracts, excluding contracts for
15    equipment purchases, entered into under this Section shall
16    comply with the Project Labor Agreements Act, except that
17    a project labor agreement entered into under this Section
18    shall be entered into with the local building and
19    construction trades council having geographic jurisdiction
20    over the project. Contracts entered into under this
21    Section shall comply with the Business Enterprise for
22    Minorities, Women, and Persons with Disabilities Act. This
23    paragraph (27) becomes inapplicable 5 years after the
24    effective date of this amendatory Act of the 103rd General
25    Assembly.
26        As used in this paragraph (27
    ), "clean energy project"

 

 

10300HB4209ham002- 26 -LRB103 34958 BDA 72351 a

1    has the meaning given in the Department of Natural
2    Resources (Conservation) Law of the Civil Administrative
3    Code of Illinois.
4    Notwithstanding any other provision of law, for contracts
5with an annual value of more than $100,000 entered into on or
6after October 1, 2017 under an exemption provided in any
7paragraph of this subsection (b), except paragraph (1), (2),
8or (5), each State agency shall post to the appropriate
9procurement bulletin the name of the contractor, a description
10of the supply or service provided, the total amount of the
11contract, the term of the contract, and the exception to the
12Code utilized. The chief procurement officer shall submit a
13report to the Governor and General Assembly no later than
14November 1 of each year that shall include, at a minimum, an
15annual summary of the monthly information reported to the
16chief procurement officer.
17    (c) This Code does not apply to the electric power
18procurement process provided for under Section 1-75 of the
19Illinois Power Agency Act and Section 16-111.5 of the Public
20Utilities Act. This Code does not apply to the procurement of
21technical and policy experts pursuant to Section 1-129 of the
22Illinois Power Agency Act.
23    (d) Except for Section 20-160 and Article 50 of this Code,
24and as expressly required by Section 9.1 of the Illinois
25Lottery Law, the provisions of this Code do not apply to the
26procurement process provided for under Section 9.1 of the

 

 

10300HB4209ham002- 27 -LRB103 34958 BDA 72351 a

1Illinois Lottery Law.
2    (e) This Code does not apply to the process used by the
3Capital Development Board to retain a person or entity to
4assist the Capital Development Board with its duties related
5to the determination of costs of a clean coal SNG brownfield
6facility, as defined by Section 1-10 of the Illinois Power
7Agency Act, as required in subsection (h-3) of Section 9-220
8of the Public Utilities Act, including calculating the range
9of capital costs, the range of operating and maintenance
10costs, or the sequestration costs or monitoring the
11construction of clean coal SNG brownfield facility for the
12full duration of construction.
13    (f) (Blank).
14    (g) (Blank).
15    (h) This Code does not apply to the process to procure or
16contracts entered into in accordance with Sections 11-5.2 and
1711-5.3 of the Illinois Public Aid Code.
18    (i) Each chief procurement officer may access records
19necessary to review whether a contract, purchase, or other
20expenditure is or is not subject to the provisions of this
21Code, unless such records would be subject to attorney-client
22privilege.
23    (j) This Code does not apply to the process used by the
24Capital Development Board to retain an artist or work or works
25of art as required in Section 14 of the Capital Development
26Board Act.

 

 

10300HB4209ham002- 28 -LRB103 34958 BDA 72351 a

1    (k) This Code does not apply to the process to procure
2contracts, or contracts entered into, by the State Board of
3Elections or the State Electoral Board for hearing officers
4appointed pursuant to the Election Code.
5    (l) This Code does not apply to the processes used by the
6Illinois Student Assistance Commission to procure supplies and
7services paid for from the private funds of the Illinois
8Prepaid Tuition Fund. As used in this subsection (l), "private
9funds" means funds derived from deposits paid into the
10Illinois Prepaid Tuition Trust Fund and the earnings thereon.
11    (m) This Code shall apply regardless of the source of
12funds with which contracts are paid, including federal
13assistance moneys. Except as specifically provided in this
14Code, this Code shall not apply to procurement expenditures
15necessary for the Department of Public Health to conduct the
16Healthy Illinois Survey in accordance with Section 2310-431 of
17the Department of Public Health Powers and Duties Law of the
18Civil Administrative Code of Illinois.
19(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
20102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
219-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
22102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
236-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
241-2-24.)".