Illinois General Assembly - Full Text of HB4285
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Full Text of HB4285  102nd General Assembly

HB4285enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4285 EnrolledLRB102 21927 RJF 31050 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Commission to End Hunger Act is amended by
5changing Section 15 as follows:
 
6    (20 ILCS 5015/15)
7    Sec. 15. Members. The Commission to End Hunger shall be
8composed of no more than 21 voting members including 2 members
9of the Illinois House of Representatives, one appointed by the
10Speaker of the House and one appointed by the House Minority
11Leader; 2 members of the Illinois Senate, one appointed by the
12Senate President and one appointed by the Senate Minority
13Leader; one representative of the Office of the Governor
14appointed by the Governor; one representative of the Office of
15the Lieutenant Governor appointed by the Lieutenant Governor;
16and 15 public members, who shall be appointed by the Governor.
17    The public members shall include 2 representatives of food
18banks; 2 representatives from other community food assistance
19programs; a representative of a statewide organization focused
20on responding to hunger; a representative from an anti-poverty
21organization; a representative of an organization that serves
22or advocates for children and youth; a representative of an
23organization that serves or advocates for older adults; a

 

 

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1representative of an organization that advocates for people
2who are homeless; a representative of an organization that
3serves or advocates for persons with disabilities; a
4representative of an organization that advocates for
5immigrants; a representative of a municipal or county
6government; and 3 at-large members. The appointed members
7shall reflect the racial, gender, and geographic diversity of
8the State and shall include representation from regions of the
9State.
10    The following officials shall serve as ex-officio members:
11the Secretary of Human Services or his or her designee; the
12State Superintendent of Education or his or her designee; the
13Director of Healthcare and Family Services or his or her
14designee; the Director of Children and Family Services or his
15or her designee; the Director of Aging or his or her designee;
16the Director of Natural Resources or his or her designee; and
17the Director of Agriculture or his or her designee. The
18African-American Family Commission and , the Latino Family
19Commission, and the Local Food, Farms, and Jobs Council shall
20each designate a liaison to serve ex-officio on the
21Commission.
22    Members shall serve without compensation and are
23responsible for the cost of all reasonable and necessary
24travel expenses connected to Commission business, as the State
25of Illinois will not reimburse Commission members for these
26costs.

 

 

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1    Commission members shall be appointed within 60 days after
2the effective date of this Act. The Commission shall hold
3their initial meetings within 60 days after at least 50% of the
4members have been appointed.
5    The representative of the Office of the Governor and a
6representative of a food bank shall serve as co-chairs of the
7Commission.
8    At the first meeting of the Commission, the members shall
9select a 5-person Steering Committee that includes the
10co-chairs.
11    The Commission may establish committees that address
12specific issues or populations and may appoint individuals
13with relevant expertise who are not appointed members of the
14Commission to serve on committees as needed.
15    The Office of the Governor, or a designee of the
16Governor's choosing, shall provide guidance to the Commission.
17Under the leadership of the Office of the Governor, subject to
18appropriation, the Department of Human Services shall also
19provide leadership to support the Commission. The Department
20of Human Services and the State of Illinois shall not incur any
21costs as a result of the creation of the Commission to End
22Hunger as the coordination of meetings, report preparation,
23and other related duties will be completed by a representative
24of a food bank that is serving as a co-chair of the Commission.
25(Source: P.A. 96-1119, eff. 7-20-10; 97-419, eff. 8-16-11.)
 

 

 

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1    Section 10. The State Finance Act is amended by changing
2Section 12-2 as follows:
 
3    (30 ILCS 105/12-2)  (from Ch. 127, par. 148-2)
4    Sec. 12-2. Travel Regulation Council; State travel
5reimbursement.
6    (a) The chairmen of the travel control boards established
7by Section 12-1, or their designees, shall together comprise
8the Travel Regulation Council. The Travel Regulation Council
9shall be chaired by the Director of Central Management
10Services, who shall be a nonvoting member of the Council,
11unless he is otherwise qualified to vote by virtue of being the
12designee of a voting member. No later than March 1, 1986, and
13at least biennially thereafter, the Council shall adopt State
14Travel Regulations and Reimbursement Rates which shall be
15applicable to all personnel subject to the jurisdiction of the
16travel control boards established by Section 12-1. An
17affirmative vote of a majority of the members of the Council
18shall be required to adopt regulations and reimbursement
19rates. If the Council fails to adopt regulations by March 1 of
20any odd-numbered year, the Director of Central Management
21Services shall adopt emergency regulations and reimbursement
22rates pursuant to the Illinois Administrative Procedure Act.
23As soon as practicable after the effective date of this
24amendatory Act of the 102nd General Assembly, the Travel
25Regulation Council and the Higher Education Travel Control

 

 

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1Board shall adopt amendments to their existing rules to ensure
2that reimbursement rates for public institutions of higher
3education, as defined in Section 1-13 of the Illinois
4Procurement Code, are set in accordance with the requirements
5of subsection (f) of this Section.
6    (b) Mileage for automobile travel shall be reimbursed at
7the allowance rate in effect under regulations promulgated
8pursuant to 5 U.S.C. 5707(b)(2). In the event the rate set
9under federal regulations increases or decreases during the
10course of the State's fiscal year, the effective date of the
11new rate shall be the effective date of the change in the
12federal rate.
13    (c) Rates for reimbursement of expenses other than mileage
14shall not exceed the actual cost of travel as determined by the
15United States Internal Revenue Service.
16    (d) Reimbursements to travelers shall be made pursuant to
17the rates and regulations applicable to the respective State
18agency as of the effective date of this amendatory Act, until
19the State Travel Regulations and Reimbursement Rates
20established by this Section are adopted and effective.
21    (e) Lodging in Cook County, Illinois and the District of
22Columbia shall be reimbursed at the maximum lodging rate in
23effect under regulations promulgated pursuant to 5 U.S.C.
245701-5709. For purposes of this subsection (e), the District
25of Columbia shall include the cities and counties included in
26the per diem locality of the District of Columbia, as defined

 

 

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1by the regulations in effect promulgated pursuant to 5 U.S.C.
25701-5709. Individual travel control boards may set a lodging
3reimbursement rate more restrictive than the rate set forth in
4the federal regulations.
5    (f) Notwithstanding any other law, travel reimbursement
6rates for lodging and mileage for automobile travel, as well
7as allowances for meals, shall be set for public institutions
8of higher education at the maximum rates established by the
9federal government for travel expenses, subsistence expenses,
10and mileage allowances under 5 U.S.C. Subchapter I and
11regulations promulgated thereunder. If a rate set under
12federal regulations increases or decreases in the course of
13the State's fiscal year, the effective date of the new rate
14shall be the effective date of the change in the federal rate.
15(Source: P.A. 96-240, eff. 1-1-10.)
 
16    Section 15. The Illinois Procurement Code is amended by
17changing Sections 1-13, 1-15.93, 15-25, 20-20, 20-30, 25-90,
1830-30, 33-5, 33-50, 50-35, and 55-25 as follows:
 
19    (30 ILCS 500/1-13)
20    Sec. 1-13. Applicability to public institutions of higher
21education.
22    (a) This Code shall apply to public institutions of higher
23education, regardless of the source of the funds with which
24contracts are paid, except as provided in this Section.

 

 

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1    (b) Except as provided in this Section, this Code shall
2not apply to procurements made by or on behalf of public
3institutions of higher education for any of the following:
4        (1) Memberships in professional, academic, research,
5    or athletic organizations on behalf of a public
6    institution of higher education, an employee of a public
7    institution of higher education, or a student at a public
8    institution of higher education.
9        (2) Procurement expenditures for events or activities
10    paid for exclusively by revenues generated by the event or
11    activity, gifts or donations for the event or activity,
12    private grants, or any combination thereof.
13        (3) Procurement expenditures for events or activities
14    for which the use of specific potential contractors is
15    mandated or identified by the sponsor of the event or
16    activity, provided that the sponsor is providing a
17    majority of the funding for the event or activity.
18        (4) Procurement expenditures necessary to provide
19    athletic, artistic or musical services, performances,
20    events, or productions by or for a public institution of
21    higher education.
22        (5) Procurement expenditures for periodicals, books,
23    subscriptions, database licenses, and other publications
24    procured for use by a university library or academic
25    department, except for expenditures related to procuring
26    textbooks for student use or materials for resale or

 

 

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1    rental.
2        (6) Procurement expenditures for placement of students
3    in externships, practicums, field experiences, and for
4    medical residencies and rotations.
5        (7) Contracts for programming and broadcast license
6    rights for university-operated radio and television
7    stations.
8        (8) Procurement expenditures necessary to perform
9    sponsored research and other sponsored activities under
10    grants and contracts funded by the sponsor or by sources
11    other than State appropriations.
12        (9) Contracts with a foreign entity for research or
13    educational activities, provided that the foreign entity
14    either does not maintain an office in the United States or
15    is the sole source of the service or product.
16        (10) Procurement expenditures for any ongoing software
17    license or maintenance agreement or competitively
18    solicited software purchase, when the software, license,
19    or maintenance agreement is available through only the
20    software creator or its manufacturer and not a reseller.
21        (11) Procurement expenditures incurred outside of the
22    United States for the recruitment of international
23    students.
24Notice of each contract with an annual value of more than
25$100,000 entered into by a public institution of higher
26education that is related to the procurement of goods and

 

 

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1services identified in items (1) through (11) (9) of this
2subsection shall be published in the Procurement Bulletin
3within 14 calendar days after contract execution. The Chief
4Procurement Officer shall prescribe the form and content of
5the notice. Each public institution of higher education shall
6provide the Chief Procurement Officer, on a monthly basis, in
7the form and content prescribed by the Chief Procurement
8Officer, a report of contracts that are related to the
9procurement of goods and services identified in this
10subsection. At a minimum, this report shall include the name
11of the contractor, a description of the supply or service
12provided, the total amount of the contract, the term of the
13contract, and the exception to the Code utilized. A copy of any
14or all of these contracts shall be made available to the Chief
15Procurement Officer immediately upon request. The Chief
16Procurement Officer shall submit a report to the Governor and
17General Assembly no later than November 1 of each year that
18shall include, at a minimum, an annual summary of the monthly
19information reported to the Chief Procurement Officer.
20    (b-5) Except as provided in this subsection, the
21provisions of this Code shall not apply to contracts for
22medical supplies or , and to contracts for medical services
23necessary for the delivery of care and treatment at medical,
24dental, or veterinary teaching facilities used utilized by
25Southern Illinois University or the University of Illinois or
26and at any university-operated health care center or

 

 

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1dispensary that provides care, treatment, and medications for
2students, faculty, and staff. Furthermore, the provisions of
3this Code do not apply to the procurement by such a facility of
4any additional supplies or services that the operator of the
5facility deems necessary for the effective use and functioning
6of the medical supplies or services that are otherwise exempt
7from this Code under this subsection (b-5). However, other
8Other supplies and services needed for these teaching
9facilities shall be subject to the jurisdiction of the Chief
10Procurement Officer for Public Institutions of Higher
11Education who may establish expedited procurement procedures
12and may waive or modify certification, contract, hearing,
13process and registration requirements required by the Code.
14All procurements made under this subsection shall be
15documented and may require publication in the Illinois
16Procurement Bulletin.
17    (b-10) Procurements made by or on behalf of the University
18of Illinois for investment services scheduled to expire June
192022 may be entered into or renewed extended through June 2024
20without being subject to the requirements of this Code. Notice
21of intent to renew a contract shall be published in the
22Illinois Public Higher Education Procurement Bulletin at least
2314 days prior to the execution of a renewal, and the University
24of Illinois shall hold a public hearing for interested parties
25to provide public comment. Any contract extended, renewed, or
26entered pursuant to this exception shall be published in on

 

 

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1the Illinois Public Higher Education Procurement Bulletin
2Executive Ethics Commission's website within 5 days of
3contract execution. This subsection is inoperative on and
4after July 1, 2024.
5    (c) Procurements made by or on behalf of public
6institutions of higher education for the fulfillment of a
7grant shall be made in accordance with the requirements of
8this Code to the extent practical.
9    Upon the written request of a public institution of higher
10education, the Chief Procurement Officer may waive contract,
11registration, certification, and hearing requirements of this
12Code if, based on the item to be procured or the terms of a
13grant, compliance is impractical. The public institution of
14higher education shall provide the Chief Procurement Officer
15with specific reasons for the waiver, including the necessity
16of contracting with a particular potential contractor, and
17shall certify that an effort was made in good faith to comply
18with the provisions of this Code. The Chief Procurement
19Officer shall provide written justification for any waivers.
20By November 1 of each year, the Chief Procurement Officer
21shall file a report with the General Assembly identifying each
22contract approved with waivers and providing the justification
23given for any waivers for each of those contracts. Notice of
24each waiver made under this subsection shall be published in
25the Procurement Bulletin within 14 calendar days after
26contract execution. The Chief Procurement Officer shall

 

 

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1prescribe the form and content of the notice.
2    (d) Notwithstanding this Section, a waiver of the
3registration requirements of Section 20-160 does not permit a
4business entity and any affiliated entities or affiliated
5persons to make campaign contributions if otherwise prohibited
6by Section 50-37. The total amount of contracts awarded in
7accordance with this Section shall be included in determining
8the aggregate amount of contracts or pending bids of a
9business entity and any affiliated entities or affiliated
10persons.
11    (e) Notwithstanding subsection (e) of Section 50-10.5 of
12this Code, the Chief Procurement Officer, with the approval of
13the Executive Ethics Commission, may permit a public
14institution of higher education to accept a bid or enter into a
15contract with a business that assisted the public institution
16of higher education in determining whether there is a need for
17a contract or assisted in reviewing, drafting, or preparing
18documents related to a bid or contract, provided that the bid
19or contract is essential to research administered by the
20public institution of higher education and it is in the best
21interest of the public institution of higher education to
22accept the bid or contract. For purposes of this subsection,
23"business" includes all individuals with whom a business is
24affiliated, including, but not limited to, any officer, agent,
25employee, consultant, independent contractor, director,
26partner, manager, or shareholder of a business. The Executive

 

 

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1Ethics Commission may promulgate rules and regulations for the
2implementation and administration of the provisions of this
3subsection (e).
4    (f) As used in this Section:
5    "Grant" means non-appropriated funding provided by a
6federal or private entity to support a project or program
7administered by a public institution of higher education and
8any non-appropriated funding provided to a sub-recipient of
9the grant.
10    "Public institution of higher education" means Chicago
11State University, Eastern Illinois University, Governors State
12University, Illinois State University, Northeastern Illinois
13University, Northern Illinois University, Southern Illinois
14University, University of Illinois, Western Illinois
15University, and, for purposes of this Code only, the Illinois
16Mathematics and Science Academy.
17    (g) (Blank).
18    (h) The General Assembly finds and declares that:
19        (1) Public Act 98-1076, which took effect on January
20    1, 2015, changed the repeal date set for this Section from
21    December 31, 2014 to December 31, 2016.
22        (2) The Statute on Statutes sets forth general rules
23    on the repeal of statutes and the construction of multiple
24    amendments, but Section 1 of that Act also states that
25    these rules will not be observed when the result would be
26    "inconsistent with the manifest intent of the General

 

 

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1    Assembly or repugnant to the context of the statute".
2        (3) This amendatory Act of the 100th General Assembly
3    manifests the intention of the General Assembly to remove
4    the repeal of this Section.
5        (4) This Section was originally enacted to protect,
6    promote, and preserve the general welfare. Any
7    construction of this Section that results in the repeal of
8    this Section on December 31, 2014 would be inconsistent
9    with the manifest intent of the General Assembly and
10    repugnant to the context of this Code.
11    It is hereby declared to have been the intent of the
12General Assembly that this Section not be subject to repeal on
13December 31, 2014.
14    This Section shall be deemed to have been in continuous
15effect since December 20, 2011 (the effective date of Public
16Act 97-643), and it shall continue to be in effect
17henceforward until it is otherwise lawfully repealed. All
18previously enacted amendments to this Section taking effect on
19or after December 31, 2014, are hereby validated.
20    All actions taken in reliance on or pursuant to this
21Section by any public institution of higher education, person,
22or entity are hereby validated.
23    In order to ensure the continuing effectiveness of this
24Section, it is set forth in full and re-enacted by this
25amendatory Act of the 100th General Assembly. This
26re-enactment is intended as a continuation of this Section. It

 

 

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1is not intended to supersede any amendment to this Section
2that is enacted by the 100th General Assembly.
3    In this amendatory Act of the 100th General Assembly, the
4base text of the reenacted Section is set forth as amended by
5Public Act 98-1076. Striking and underscoring is used only to
6show changes being made to the base text.
7    This Section applies to all procurements made on or before
8the effective date of this amendatory Act of the 100th General
9Assembly.
10(Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21;
11102-721, eff. 5-6-22.)
 
12    (30 ILCS 500/1-15.93)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 1-15.93. Single prime. "Single prime" means the
15design-bid-build procurement delivery method for a building
16construction project in which the Capital Development Board or
17a public institution of higher education, as defined in
18Section 1-13 of this Code, is the construction agency
19procuring 2 or more subdivisions of work enumerated in
20paragraphs (1) through (5) of subsection (a) of Section 30-30
21of this Code under a single contract. This Section is repealed
22on January 1, 2026 2024.
23(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
24102-671, eff. 11-30-21.)
 

 

 

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1    (30 ILCS 500/15-25)
2    Sec. 15-25. Bulletin content.
3    (a) Invitations for bids. Notice of each and every
4contract that is offered, including renegotiated contracts and
5change orders, shall be published in the Bulletin. The
6applicable chief procurement officer may provide by rule an
7organized format for the publication of this information, but
8in any case it must include at least the date first offered,
9the date submission of offers is due, the location that offers
10are to be submitted to, the purchasing State agency, the
11responsible State purchasing officer, a brief purchase
12description, the method of source selection, information of
13how to obtain a comprehensive purchase description and any
14disclosure and contract forms, and encouragement to potential
15contractors to hire qualified veterans, as defined by Section
1645-67 of this Code, and qualified Illinois minorities, women,
17persons with disabilities, and residents discharged from any
18Illinois adult correctional center.
19    (a-5) All businesses listed on the Illinois Unified
20Certification Program Disadvantaged Business Enterprise
21Directory, the Business Enterprise Program of the Department
22of Central Management Services, and any small business
23database created pursuant to Section 45-45 of this Code shall
24be furnished written instructions and information on how to
25register for the Illinois Procurement Bulletin. This
26information shall be provided to each business within 30

 

 

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1calendar days after the business's notice of certification or
2qualification.
3    (b) Contracts let. Notice of each and every contract that
4is let, including renegotiated contracts and change orders,
5shall be issued electronically to those bidders submitting
6responses to the solicitations, inclusive of the unsuccessful
7bidders, immediately upon contract let. Failure of any chief
8procurement officer to give such notice shall result in
9tolling the time for filing a bid protest up to 7 calendar
10days.
11    For purposes of this subsection (b), "contracts let" means
12a construction agency's act of advertising an invitation for
13bids for one or more construction projects.
14    (b-5) Contracts awarded. Notice of each and every contract
15that is awarded, including renegotiated contracts and change
16orders, shall be issued electronically to the successful
17responsible bidder, offeror, or contractor and published in
18the Bulletin. The applicable chief procurement officer may
19provide by rule an organized format for the publication of
20this information, but in any case it must include at least all
21of the information specified in subsection (a) as well as the
22name of the successful responsible bidder, offeror, the
23contract price, the number of unsuccessful bidders or offerors
24and any other disclosure specified in any Section of this
25Code. This notice must be posted in the online electronic
26Bulletin prior to execution of the contract.

 

 

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

 

 

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1procurement officer, post in the online electronic Bulletin a
2copy of its annual report of utilization of businesses owned
3by minorities, women, and persons with disabilities as
4submitted to the Business Enterprise Council for Minorities,
5Women, and Persons with Disabilities pursuant to Section 6(c)
6of the Business Enterprise for Minorities, Women, and Persons
7with Disabilities Act within 10 calendar days after its
8submission of its report to the Council.
9    (c-10) Renewals. Notice of each contract renewal shall be
10posted in the Bulletin within 14 calendar days of the
11determination to execute a renewal of the contract. The notice
12shall include at least all of the information required in
13subsection (a) or (b), as applicable.
14    (c-15) Sole source procurements. Before entering into a
15sole source contract, a chief procurement officer exercising
16sole source procurement authority under this Code shall
17publish a written description of intent to enter into a sole
18source contract along with a description of the item to be
19procured and the intended sole source contractor. This notice
20must be posted in the online electronic Procurement Bulletin
21before a sole source contract is awarded and at least 14
22calendar days before the hearing required by Section 20-25.
23    (d) Other required disclosure. The applicable chief
24procurement officer shall provide by rule for the organized
25publication of all other disclosure required in other Sections
26of this Code in a timely manner.

 

 

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1    (e) The changes to subsections (b), (c), (c-5), (c-10),
2and (c-15) of this Section made by Public Act 96-795 apply to
3reports submitted, offers made, and notices on contracts
4executed on or after July 1, 2010 (the effective date of Public
5Act 96-795). The changes made to subsection (c) by this
6amendatory Act of the 102nd General Assembly apply only to
7emergency contract extensions executed on or after the
8effective date of this amendatory Act of the 102nd General
9Assembly.
10    (f) Each chief procurement officer shall, in consultation
11with the agencies under his or her jurisdiction, provide the
12Procurement Policy Board with the information and resources
13necessary, and in a manner, to effectuate the purpose of
14Public Act 96-1444.
15(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
16100-863, eff. 8-14-18.)
 
17    (30 ILCS 500/20-20)
18    (Text of Section before amendment by P.A. 102-721)
19    Sec. 20-20. Small purchases.
20    (a) Amount. Any individual procurement of supplies or
21services not exceeding $100,000 and any procurement of
22construction not exceeding $100,000, or any individual
23procurement of professional or artistic services not exceeding
24$100,000 may be made without competitive source selection.
25Procurements shall not be artificially divided so as to

 

 

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1constitute a small purchase under this Section. Any
2procurement of construction not exceeding $100,000 may be made
3by an alternative competitive source selection. The
4construction agency shall establish rules for an alternative
5competitive source selection process. This Section does not
6apply to construction-related professional services contracts
7awarded in accordance with the provisions of the
8Architectural, Engineering, and Land Surveying Qualifications
9Based Selection Act.
10    (b) Adjustment. Each July 1, the small purchase maximum
11established in subsection (a) shall be adjusted for inflation
12as determined by the Consumer Price Index for All Urban
13Consumers as determined by the United States Department of
14Labor and rounded to the nearest $100.
15    (c) Based upon rules proposed by the Board and rules
16promulgated by the chief procurement officers, the small
17purchase maximum established in subsection (a) may be
18modified.
19(Source: P.A. 100-43, eff. 8-9-17.)
 
20    (Text of Section after amendment by P.A. 102-721)
21    Sec. 20-20. Small purchases.
22    (a) Amount. Any individual procurement of supplies or
23services not exceeding $100,000 and any procurement of
24construction not exceeding $250,000 $100,000, or any
25individual procurement of professional or artistic services

 

 

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1not exceeding $100,000 may be made without competitive source
2selection. Procurements shall not be artificially divided so
3as to constitute a small purchase under this Section. Any
4procurement of construction not exceeding $250,000 $100,000
5may be made by an alternative competitive source selection.
6The construction agency shall establish rules for an
7alternative competitive source selection process. This Section
8does not apply to construction-related professional services
9contracts awarded in accordance with the provisions of the
10Architectural, Engineering, and Land Surveying Qualifications
11Based Selection Act.
12    (b) Adjustment. Each July 1, the small purchase maximum
13established in subsection (a) shall be adjusted for inflation
14as determined by the Consumer Price Index for All Urban
15Consumers as determined by the United States Department of
16Labor and rounded to the nearest $100.
17    (c) Based upon rules proposed by the Board and rules
18promulgated by the chief procurement officers, the small
19purchase maximum established in subsection (a) may be
20modified.
21    (d) Certification. All small purchases with an annual
22value that exceeds $50,000 shall be accompanied by Standard
23Illinois Certifications in a form prescribed by each Chief
24Procurement Officer.
25(Source: P.A. 102-721, eff. 1-1-23.)
 

 

 

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1    (30 ILCS 500/20-30)
2    Sec. 20-30. Emergency purchases.
3    (a) Conditions for use. In accordance with standards set
4by rule, a purchasing agency may make emergency procurements
5without competitive sealed bidding or prior notice when there
6exists a threat to public health or public safety, or when
7immediate expenditure is necessary for repairs to State
8property in order to protect against further loss of or damage
9to State property, to prevent or minimize serious disruption
10in critical State services that affect health, safety, or
11collection of substantial State revenues, or to ensure the
12integrity of State records; provided, however, that the term
13of the emergency purchase shall be limited to the time
14reasonably needed for a competitive procurement, not to exceed
1590 calendar days. A contract may be extended beyond 90
16calendar days with the approval of if the chief procurement
17officer determines additional time is necessary and that the
18contract scope and duration are limited to the emergency.
19Prior to execution of the extension, the chief procurement
20officer shall receive must hold a public hearing and provide
21written justification for the extension all emergency
22contracts. The duration of the extension shall be limited to
23the scope of the emergency. Members of the public may present
24testimony. Emergency procurements shall be made with as much
25competition as is practicable under the circumstances, and
26agencies shall use utilize best efforts to include contractors

 

 

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1certified under the Business Enterprise Program in the
2agencies' its emergency procurement process. A written
3description of the basis for the emergency and reasons for the
4selection of the particular contractor shall be included in
5the contract file.
6    (b) Notice. Notice of all emergency procurements shall be
7provided to the Procurement Policy Board and the Commission on
8Equity and Inclusion and published in the online electronic
9Bulletin no later than 5 calendar days after the contract is
10awarded. Notice of the extension of intent to extend an
11emergency contract shall be provided to the Procurement Policy
12Board and the Commission on Equity and Inclusion and published
13in the online electronic Bulletin no later than 7 calendar
14days after the extension is executed at least 14 calendar days
15before the public hearing. Notice shall include at least a
16description of the need for the emergency purchase and , the
17contractor, and if applicable, the date, time, and location of
18the public hearing. A copy of this notice and all documents
19provided at the hearing shall be included in the subsequent
20Procurement Bulletin. Before the next appropriate volume of
21the Illinois Procurement Bulletin, the purchasing agency shall
22publish in the Illinois Procurement Bulletin a copy of each
23written description and reasons and the total cost of each
24emergency procurement made during the previous month. When
25only an estimate of the total cost is known at the time of
26publication, the estimate shall be identified as an estimate

 

 

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1and published. When the actual total cost is determined, it
2shall also be published in like manner before the 10th day of
3the next succeeding month.
4    (c) Statements. A chief procurement officer making a
5procurement under this Section shall file statements with the
6Procurement Policy Board, the Commission on Equity and
7Inclusion, and the Auditor General within 10 calendar days
8after the procurement setting forth the amount expended, the
9name of the contractor involved, and the conditions and
10circumstances requiring the emergency procurement. When only
11an estimate of the cost is available within 10 calendar days
12after the procurement, the actual cost shall be reported
13immediately after it is determined. At the end of each fiscal
14quarter, the Auditor General shall file with the Legislative
15Audit Commission and the Governor a complete listing of all
16emergency procurements reported during that fiscal quarter.
17The Legislative Audit Commission shall review the emergency
18procurements so reported and, in its annual reports, advise
19the General Assembly of procurements that appear to constitute
20an abuse of this Section.
21    (d) Quick purchases. The chief procurement officer may
22promulgate rules extending the circumstances by which a
23purchasing agency may make purchases under this Section,
24including but not limited to the procurement of items
25available at a discount for a limited period of time.
26    (d-5) The chief procurement officer shall adopt rules

 

 

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1regarding the use of contractors certified in the Business
2Enterprise Program in emergency and quick purchase
3procurements.
4    (e) The changes to this Section made by this amendatory
5Act of the 102nd 96th General Assembly apply to procurements
6executed on or after its effective date.
7(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
 
8    (30 ILCS 500/25-90)
9    (This Section may contain text from a Public Act with a
10delayed effective date)
11    Sec. 25-90. Prohibited and authorized cybersecurity
12Cybersecurity prohibited products. State agencies are
13prohibited from purchasing any products that, due to
14cybersecurity risks, are prohibited for purchase by federal
15agencies pursuant to a United States Department of Homeland
16Security Binding Operational Directive. However, a State
17agency or public institution of higher education may purchase
18those offerings that are included in the Authorized Product
19List maintained by StateRAMP and that have been verified by
20StateRAMP as having an authorized security status.
21(Source: P.A. 102-753, eff. 1-1-23.)
 
22    (30 ILCS 500/30-30)
23    Sec. 30-30. Design-bid-build construction.
24    (a) The provisions of this subsection are operative

 

 

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1through December 31, 2025 2023.
2    Except as provided in subsection (a-5), for For building
3construction contracts in excess of $250,000, separate
4specifications may be prepared for all equipment, labor, and
5materials in connection with the following 5 subdivisions of
6the work to be performed:
7        (1) plumbing;
8        (2) heating, piping, refrigeration, and automatic
9    temperature control systems, including the testing and
10    balancing of those systems;
11        (3) ventilating and distribution systems for
12    conditioned air, including the testing and balancing of
13    those systems;
14        (4) electric wiring; and
15        (5) general contract work.
16    Except as provided in subsection (a-5), the The
17specifications may be so drawn as to permit separate and
18independent bidding upon each of the 5 subdivisions of work.
19All contracts awarded for any part thereof may award the 5
20subdivisions of work separately to responsible and reliable
21persons, firms, or corporations engaged in these classes of
22work. The contracts, at the discretion of the construction
23agency, may be assigned to the successful bidder on the
24general contract work or to the successful bidder on the
25subdivision of work designated by the construction agency
26before the bidding as the prime subdivision of work, provided

 

 

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1that all payments will be made directly to the contractors for
2the 5 subdivisions of work upon compliance with the conditions
3of the contract.
4    Beginning on the effective date of this amendatory Act of
5the 101st General Assembly and through December 31, 2025 2023,
6for single prime projects: (i) the bid of the successful low
7bidder shall identify the name of the subcontractor, if any,
8and the bid proposal costs for each of the 5 subdivisions of
9work set forth in this Section; (ii) the contract entered into
10with the successful bidder shall provide that no identified
11subcontractor may be terminated without the written consent of
12the Capital Development Board; (iii) the contract shall comply
13with the disadvantaged business practices of the Business
14Enterprise for Minorities, Women, and Persons with
15Disabilities Act and the equal employment practices of Section
162-105 of the Illinois Human Rights Act; and (iv) the Capital
17Development Board shall submit an annual report to the General
18Assembly and Governor on the bidding, award, and performance
19of all single prime projects.
20    For building construction projects with a total
21construction cost valued at $5,000,000 or less, the Capital
22Development Board shall not use the single prime procurement
23delivery method for more than 50% of the total number of
24projects bid for each fiscal year. Any project with a total
25construction cost valued greater than $5,000,000 may be bid
26using single prime at the discretion of the Executive Director

 

 

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1of the Capital Development Board.
2    (a-5) Beginning on the effective date of this amendatory
3Act of the 102nd General Assembly and through December 31,
42025, for single prime projects in which a public institution
5of higher education is a construction agency awarding building
6construction contracts in excess of $250,000, separate
7specifications may be prepared for all equipment, labor, and
8materials in connection with the 5 subdivisions of work
9enumerated in subsection (a). Any public institution of higher
10education contract awarded for any part thereof may award 2 or
11more of the 5 subdivisions of work together or separately to
12responsible and reliable persons, firms, or corporations
13engaged in these classes of work if: (i) the public
14institution of higher education has submitted to the
15Procurement Policy Board and the Commission on Equity and
16Inclusion a written notice that includes the reasons for using
17the single prime method and an explanation of why the use of
18that method is in the best interest of the State and arranges
19to have the notice posted on the institution's online
20procurement webpage and its online procurement bulletin at
21least 3 business days following submission to the Procurement
22Policy Board and the Commission on Equity and Inclusion; (ii)
23the successful low bidder has prequalified with the public
24institution of higher education; (iii) the bid of the
25successful low bidder identifies the name of the
26subcontractor, if any, and the bid proposal costs for each of

 

 

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1the 5 subdivisions of work set forth in subsection (a); (iv)
2the contract entered into with the successful bidder provides
3that no identified subcontractor may be terminated without the
4written consent of the public institution of higher education;
5and (v) the successful low bidder has prequalified with the
6University of Illinois or with the Capital Development Board.
7    For building construction projects with a total
8construction cost valued at $20,000,000 or less, public
9institutions of higher education shall not use the single
10prime delivery method for more than 50% of the total number of
11projects bid for each fiscal year. Projects with a total
12construction cost valued at $20,000,000 or more may be bid
13using the single prime delivery method at the discretion of
14the public institution of higher education. With respect to
15any construction project described in this subsection (a-5),
16the public institution of higher education shall: (i) specify
17in writing as a public record that the project shall comply
18with the Business Enterprise for Minorities, Women, and
19Persons with Disabilities Act and the equal employment
20practices of Section 2-105 of the Illinois Human Rights Act;
21and (ii) report annually to the Governor, General Assembly,
22Procurement Policy Board, and Auditor General on the bidding,
23award, and performance of all single prime projects. On and
24after the effective date of this amendatory Act of the 102nd
25General Assembly, the public institution of higher education
26may award in each fiscal year single prime contracts with an

 

 

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1aggregate total value of no more than $100,000,000. The Board
2of Trustees of the University of Illinois may award in each
3fiscal year single prime contracts with an aggregate total
4value of not more than $300,000,000.
5    (b) The provisions of this subsection are operative on and
6after January 1, 2026 2024. For building construction
7contracts in excess of $250,000, separate specifications shall
8be prepared for all equipment, labor, and materials in
9connection with the following 5 subdivisions of the work to be
10performed:
11        (1) plumbing;
12        (2) heating, piping, refrigeration, and automatic
13    temperature control systems, including the testing and
14    balancing of those systems;
15        (3) ventilating and distribution systems for
16    conditioned air, including the testing and balancing of
17    those systems;
18        (4) electric wiring; and
19        (5) general contract work.
20    The specifications must be so drawn as to permit separate
21and independent bidding upon each of the 5 subdivisions of
22work. All contracts awarded for any part thereof shall award
23the 5 subdivisions of work separately to responsible and
24reliable persons, firms, or corporations engaged in these
25classes of work. The contracts, at the discretion of the
26construction agency, may be assigned to the successful bidder

 

 

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1on the general contract work or to the successful bidder on the
2subdivision of work designated by the construction agency
3before the bidding as the prime subdivision of work, provided
4that all payments will be made directly to the contractors for
5the 5 subdivisions of work upon compliance with the conditions
6of the contract.
7(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
8102-671, eff. 11-30-21.)
 
9    (30 ILCS 500/33-5)
10    Sec. 33-5. Definitions. In this Article:
11    "Construction management services" includes:
12        (1) services provided in the planning and
13    pre-construction phases of a construction project
14    including, but not limited to, consulting with, advising,
15    assisting, and making recommendations to the Capital
16    Development Board and architect, engineer, or licensed
17    land surveyor on all aspects of planning for project
18    construction; reviewing all plans and specifications as
19    they are being developed and making recommendations with
20    respect to construction feasibility, availability of
21    material and labor, time requirements for procurement and
22    construction, and projected costs; making, reviewing, and
23    refining budget estimates based on the Board's program and
24    other available information; making recommendations to the
25    Board and the architect or engineer regarding the division

 

 

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1    of work in the plans and specifications to facilitate the
2    bidding and awarding of contracts; soliciting the interest
3    of capable contractors and taking bids on the project;
4    analyzing the bids received; and preparing and maintaining
5    a progress schedule during the design phase of the project
6    and preparation of a proposed construction schedule; and
7        (2) services provided in the construction phase of the
8    project including, but not limited to, maintaining
9    competent supervisory staff to coordinate and provide
10    general direction of the work and progress of the
11    contractors on the project; directing the work as it is
12    being performed for general conformance with working
13    drawings and specifications; establishing procedures for
14    coordinating among the Board, architect or engineer,
15    contractors, and construction manager with respect to all
16    aspects of the project and implementing those procedures;
17    maintaining job site records and making appropriate
18    progress reports; implementing labor policy in conformance
19    with the requirements of the public owner; reviewing the
20    safety and equal opportunity programs of each contractor
21    for conformance with the public owner's policy and making
22    recommendations; reviewing and processing all applications
23    for payment by involved contractors and material suppliers
24    in accordance with the terms of the contract; making
25    recommendations and processing requests for changes in the
26    work and maintaining records of change orders; scheduling

 

 

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1    and conducting job meetings to ensure orderly progress of
2    the work; developing and monitoring a project progress
3    schedule, coordinating and expediting the work of all
4    contractors and providing periodic status reports to the
5    owner and the architect or engineer; and establishing and
6    maintaining a cost control system and conducting meetings
7    to review costs.
8    "Construction manager" means any individual, sole
9proprietorship, firm, partnership, corporation, or other legal
10entity providing construction management services for the
11Board and prequalified by the State in accordance with 30 ILCS
12500/33-10.
13    "Board" means the Capital Development Board or, to the
14extent that the services are to be procured for a public
15institution of higher education, the public institution of
16higher education.
17(Source: P.A. 94-532, eff. 8-10-05.)
 
18    (30 ILCS 500/33-50)
19    Sec. 33-50. Duties of construction manager; additional
20requirements for persons performing construction work.
21    (a) Upon the award of a construction management services
22contract, a construction manager must contract with the Board
23to furnish his or her skill and judgment in cooperation with,
24and reliance upon, the services of the project architect or
25engineer. The construction manager must furnish business

 

 

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1administration, management of the construction process, and
2other specified services to the Board and must perform his or
3her obligations in an expeditious and economical manner
4consistent with the interest of the Board. If it is in the
5State's best interest, the construction manager may provide or
6perform basic services for which reimbursement is provided in
7the general conditions to the construction management services
8contract.
9    (b) The actual construction work on the project must be
10awarded to contractors under this Code. The Capital
11Development Board may further separate additional divisions of
12work under this Article. This subsection is subject to the
13applicable provisions of the following Acts:
14        (1) the Prevailing Wage Act;
15        (2) the Public Construction Bond Act;
16        (3) the Public Works Employment Discrimination Act;
17        (4) the Public Works Preference Act (repealed on June
18    16, 2010 by Public Act 96-929);
19        (5) the Employment of Illinois Workers on Public Works
20    Act;
21        (6) the Public Contract Fraud Act;
22        (7) (blank); and
23        (8) the Illinois Architecture Practice Act of 1989,
24    the Professional Engineering Practice Act of 1989, the
25    Illinois Professional Land Surveyor Act of 1989, and the
26    Structural Engineering Practice Act of 1989.

 

 

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1(Source: P.A. 101-149, eff. 7-26-19.)
 
2    (30 ILCS 500/50-35)
3    (Text of Section before amendment by P.A. 102-721)
4    Sec. 50-35. Financial disclosure and potential conflicts
5of interest.
6    (a) All bids and offers from responsive bidders, offerors,
7vendors, or contractors with an annual value of more than
8$50,000, and all submissions to a vendor portal, shall be
9accompanied by disclosure of the financial interests of the
10bidder, offeror, potential contractor, or contractor and each
11subcontractor to be used. In addition, all subcontracts
12identified as provided by Section 20-120 of this Code with an
13annual value of more than $50,000 shall be accompanied by
14disclosure of the financial interests of each subcontractor.
15The financial disclosure of each successful bidder, offeror,
16potential contractor, or contractor and its subcontractors
17shall be incorporated as a material term of the contract and
18shall become part of the publicly available contract or
19procurement file maintained by the appropriate chief
20procurement officer. Each disclosure under this Section shall
21be signed and made under penalty of perjury by an authorized
22officer or employee on behalf of the bidder, offeror,
23potential contractor, contractor, or subcontractor, and must
24be filed with the Procurement Policy Board and the Commission
25on Equity and Inclusion.

 

 

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1    (b) Disclosure shall include any ownership or distributive
2income share that is in excess of 5%, or an amount greater than
360% of the annual salary of the Governor, of the disclosing
4entity or its parent entity, whichever is less, unless the
5bidder, offeror, potential contractor, contractor, or
6subcontractor (i) is a publicly traded entity subject to
7Federal 10K reporting, in which case it may submit its 10K
8disclosure in place of the prescribed disclosure, or (ii) is a
9privately held entity that is exempt from Federal 10k
10reporting but has more than 100 shareholders, in which case it
11may submit the information that Federal 10k reporting
12companies are required to report under 17 CFR 229.401 and list
13the names of any person or entity holding any ownership share
14that is in excess of 5% in place of the prescribed disclosure.
15The form of disclosure shall be prescribed by the applicable
16chief procurement officer and must include at least the names,
17addresses, and dollar or proportionate share of ownership of
18each person identified in this Section, their instrument of
19ownership or beneficial relationship, and notice of any
20potential conflict of interest resulting from the current
21ownership or beneficial relationship of each individual
22identified in this Section having in addition any of the
23following relationships:
24        (1) State employment, currently or in the previous 3
25    years, including contractual employment of services.
26        (2) State employment of spouse, father, mother, son,

 

 

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

 

 

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

 

 

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

 

 

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1Inclusion shall provide written notice to the bidder, offeror,
2potential contractor, contractor, or subcontractor that is
3identified, discovered, or reasonably suspected of having a
4potential conflict of interest. The bidder, offeror, potential
5contractor, contractor, or subcontractor shall have 15
6calendar days to respond in writing to the Board or the
7Commission on Equity and Inclusion, and a hearing before the
8Board or the Commission on Equity and Inclusion will be
9granted upon request by the bidder, offeror, potential
10contractor, contractor, or subcontractor, at a date and time
11to be determined by the Board or the Commission on Equity and
12Inclusion, but which in no event shall occur later than 15
13calendar days after the date of the request. Upon
14consideration, the Board or the Commission on Equity and
15Inclusion shall recommend, in writing, whether to allow or
16void the contract, bid, offer, or subcontract weighing the
17best interest of the State of Illinois. All recommendations
18shall be submitted to the Executive Ethics Commission. The
19Executive Ethics Commission must hold a public hearing within
2030 calendar days after receiving the Board's or the Commission
21on Equity and Inclusion's recommendation if the Procurement
22Policy Board or the Commission on Equity and Inclusion makes a
23recommendation to (i) void a contract or (ii) void a bid or
24offer and the chief procurement officer selected or intends to
25award the contract to the bidder, offeror, or potential
26contractor. A chief procurement officer is prohibited from

 

 

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1awarding a contract before a hearing if the Board or the
2Commission on Equity and Inclusion recommendation does not
3support a bid or offer. The recommendation and proceedings of
4any hearing, if applicable, shall be available to the public.
5    (e) These thresholds and disclosure do not relieve the
6chief procurement officer, the State purchasing officer, or
7their designees from reasonable care and diligence for any
8contract, bid, offer, or submission to a vendor portal. The
9chief procurement officer, the State purchasing officer, or
10their designees shall be responsible for using any reasonably
11known and publicly available information to discover any
12undisclosed potential conflict of interest and act to protect
13the best interest of the State of Illinois.
14    (f) Inadvertent or accidental failure to fully disclose
15shall render the contract, bid, offer, proposal, subcontract,
16or relationship voidable by the chief procurement officer if
17he or she deems it in the best interest of the State of
18Illinois and, at his or her discretion, may be cause for
19barring from future contracts, bids, offers, proposals,
20subcontracts, or relationships with the State for a period of
21up to 2 years.
22    (g) Intentional, willful, or material failure to disclose
23shall render the contract, bid, offer, proposal, subcontract,
24or relationship voidable by the chief procurement officer if
25he or she deems it in the best interest of the State of
26Illinois and shall result in debarment from future contracts,

 

 

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1bids, offers, proposals, subcontracts, or relationships for a
2period of not less than 2 years and not more than 10 years.
3Reinstatement after 2 years and before 10 years must be
4reviewed and commented on in writing by the Governor of the
5State of Illinois, or by an executive ethics board or
6commission he or she might designate. The comment shall be
7returned to the responsible chief procurement officer who must
8rule in writing whether and when to reinstate.
9    (h) In addition, all disclosures shall note any other
10current or pending contracts, bids, offers, proposals,
11subcontracts, leases, or other ongoing procurement
12relationships the bidder, offeror, potential contractor,
13contractor, or subcontractor has with any other unit of State
14government and shall clearly identify the unit and the
15contract, offer, proposal, lease, or other relationship.
16    (i) The bidder, offeror, potential contractor, or
17contractor has a continuing obligation to supplement the
18disclosure required by this Section throughout the bidding
19process during the term of any contract, and during the vendor
20portal registration process.
21(Source: P.A. 101-657, eff. 1-1-22.)
 
22    (Text of Section after amendment by P.A. 102-721)
23    Sec. 50-35. Financial disclosure and potential conflicts
24of interest.
25    (a) All bids and offers from responsive bidders, offerors,

 

 

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1vendors, or contractors with an annual value that exceeds the
2small purchase threshold established under subsection (a) of
3Section 20-20 of this Code, and all submissions to a vendor
4portal, shall be accompanied by disclosure of the financial
5interests of the bidder, offeror, potential contractor, or
6contractor and each subcontractor to be used. In addition, all
7subcontracts identified as provided by Section 20-120 of this
8Code with an annual value that exceeds the small purchase
9threshold established under subsection (a) of Section 20-20 of
10this Code shall be accompanied by disclosure of the financial
11interests of each subcontractor. The financial disclosure of
12each successful bidder, offeror, potential contractor, or
13contractor and its subcontractors shall be incorporated as a
14material term of the contract and shall become part of the
15publicly available contract or procurement file maintained by
16the appropriate chief procurement officer. Each disclosure
17under this Section shall be signed and made under penalty of
18perjury by an authorized officer or employee on behalf of the
19bidder, offeror, potential contractor, contractor, or
20subcontractor, and must be filed with the Procurement Policy
21Board and the Commission on Equity and Inclusion.
22    (b) Disclosure shall include any ownership or distributive
23income share that is in excess of 5%, or an amount greater than
2460% of the annual salary of the Governor, of the disclosing
25entity or its parent entity, whichever is less, unless the
26bidder, offeror, potential contractor, contractor, or

 

 

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1subcontractor (i) is a publicly traded entity subject to
2Federal 10K reporting, in which case it may submit its 10K
3disclosure in place of the prescribed disclosure, or (ii) is a
4privately held entity that is exempt from Federal 10k
5reporting but has more than 100 shareholders, in which case it
6may submit the information that Federal 10k reporting
7companies are required to report under 17 CFR 229.401 and list
8the names of any person or entity holding any ownership share
9that is in excess of 5% in place of the prescribed disclosure.
10The form of disclosure shall be prescribed by the applicable
11chief procurement officer and must include at least the names,
12addresses, and dollar or proportionate share of ownership of
13each person identified in this Section, their instrument of
14ownership or beneficial relationship, and notice of any
15potential conflict of interest resulting from the current
16ownership or beneficial relationship of each individual
17identified in this Section having in addition any of the
18following relationships:
19        (1) State employment, currently or in the previous 3
20    years, including contractual employment of services.
21        (2) State employment of spouse, father, mother, son,
22    or daughter, including contractual employment for services
23    in the previous 2 years.
24        (3) Elective status; the holding of elective office of
25    the State of Illinois, the government of the United
26    States, any unit of local government authorized by the

 

 

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1    Constitution of the State of Illinois or the statutes of
2    the State of Illinois currently or in the previous 3
3    years.
4        (4) Relationship to anyone holding elective office
5    currently or in the previous 2 years; spouse, father,
6    mother, son, or daughter.
7        (5) Appointive office; the holding of any appointive
8    government office of the State of Illinois, the United
9    States of America, or any unit of local government
10    authorized by the Constitution of the State of Illinois or
11    the statutes of the State of Illinois, which office
12    entitles the holder to compensation in excess of expenses
13    incurred in the discharge of that office currently or in
14    the previous 3 years.
15        (6) Relationship to anyone holding appointive office
16    currently or in the previous 2 years; spouse, father,
17    mother, son, or daughter.
18        (7) Employment, currently or in the previous 3 years,
19    as or by any registered lobbyist of the State government.
20        (8) Relationship to anyone who is or was a registered
21    lobbyist in the previous 2 years; spouse, father, mother,
22    son, or daughter.
23        (9) Compensated employment, currently or in the
24    previous 3 years, by any registered election or
25    re-election committee registered with the Secretary of
26    State or any county clerk in the State of Illinois, or any

 

 

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1    political action committee registered with either the
2    Secretary of State or the Federal Board of Elections.
3        (10) Relationship to anyone; spouse, father, mother,
4    son, or daughter; who is or was a compensated employee in
5    the last 2 years of any registered election or re-election
6    committee registered with the Secretary of State or any
7    county clerk in the State of Illinois, or any political
8    action committee registered with either the Secretary of
9    State or the Federal Board of Elections.
10    (b-1) The disclosure required under this Section must also
11include the name and address of each lobbyist required to
12register under the Lobbyist Registration Act and other agent
13of the bidder, offeror, potential contractor, contractor, or
14subcontractor who is not identified under subsections (a) and
15(b) and who has communicated, is communicating, or may
16communicate with any State officer or employee concerning the
17bid or offer. The disclosure under this subsection is a
18continuing obligation and must be promptly supplemented for
19accuracy throughout the process and throughout the term of the
20contract if the bid or offer is successful.
21    (b-2) The disclosure required under this Section must also
22include, for each of the persons identified in subsection (b)
23or (b-1), each of the following that occurred within the
24previous 10 years: suspension or debarment from contracting
25with any governmental entity; professional licensure
26discipline; bankruptcies; adverse civil judgments and

 

 

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1administrative findings; and criminal felony convictions. The
2disclosure under this subsection is a continuing obligation
3and must be promptly supplemented for accuracy throughout the
4process and throughout the term of the contract if the bid or
5offer is successful.
6    (c) The disclosure in subsection (b) is not intended to
7prohibit or prevent any contract. The disclosure is meant to
8fully and publicly disclose any potential conflict to the
9chief procurement officers, State purchasing officers, their
10designees, and executive officers so they may adequately
11discharge their duty to protect the State.
12    (d) When a potential for a conflict of interest is
13identified, discovered, or reasonably suspected, the chief
14procurement officer or State procurement officer shall send
15the contract to the Procurement Policy Board and the
16Commission on Equity and Inclusion. In accordance with the
17objectives of subsection (c), if the Procurement Policy Board
18or the Commission on Equity and Inclusion finds evidence of a
19potential conflict of interest not originally disclosed by the
20bidder, offeror, potential contractor, contractor, or
21subcontractor, the Board or the Commission on Equity and
22Inclusion shall provide written notice to the bidder, offeror,
23potential contractor, contractor, or subcontractor that is
24identified, discovered, or reasonably suspected of having a
25potential conflict of interest. The bidder, offeror, potential
26contractor, contractor, or subcontractor shall have 15

 

 

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1calendar days to respond in writing to the Board or the
2Commission on Equity and Inclusion, and a hearing before the
3Board or the Commission on Equity and Inclusion will be
4granted upon request by the bidder, offeror, potential
5contractor, contractor, or subcontractor, at a date and time
6to be determined by the Board or the Commission on Equity and
7Inclusion, but which in no event shall occur later than 15
8calendar days after the date of the request. Upon
9consideration, the Board or the Commission on Equity and
10Inclusion shall recommend, in writing, whether to allow or
11void the contract, bid, offer, or subcontract weighing the
12best interest of the State of Illinois. All recommendations
13shall be submitted to the Executive Ethics Commission. Those
14recommendations made concerning conflicts identified in the
15course of a procurement for a public institution of higher
16education are, for procurements having a cumulative value
17under $5,000, valid and enforceable, for one calendar year
18after the initial recommendation was made, for all subsequent
19conflicts for that vendor with regard to the same public
20institution of higher education. The Executive Ethics
21Commission must hold a public hearing within 30 calendar days
22after receiving the Board's or the Commission on Equity and
23Inclusion's recommendation if the Procurement Policy Board or
24the Commission on Equity and Inclusion makes a recommendation
25to (i) void a contract or (ii) void a bid or offer and the
26chief procurement officer selected or intends to award the

 

 

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1contract to the bidder, offeror, or potential contractor. A
2chief procurement officer is prohibited from awarding a
3contract before a hearing if the Board or the Commission on
4Equity and Inclusion recommendation does not support a bid or
5offer. The recommendation and proceedings of any hearing, if
6applicable, shall be available to the public.
7    (e) These thresholds and disclosure do not relieve the
8chief procurement officer, the State purchasing officer, or
9their designees from reasonable care and diligence for any
10contract, bid, offer, or submission to a vendor portal. The
11chief procurement officer, the State purchasing officer, or
12their designees shall be responsible for using any reasonably
13known and publicly available information to discover any
14undisclosed potential conflict of interest and act to protect
15the best interest of the State of Illinois.
16    (f) Inadvertent or accidental failure to fully disclose
17shall render the contract, bid, offer, proposal, subcontract,
18or relationship voidable by the chief procurement officer if
19he or she deems it in the best interest of the State of
20Illinois and, at his or her discretion, may be cause for
21barring from future contracts, bids, offers, proposals,
22subcontracts, or relationships with the State for a period of
23up to 2 years.
24    (g) Intentional, willful, or material failure to disclose
25shall render the contract, bid, offer, proposal, subcontract,
26or relationship voidable by the chief procurement officer if

 

 

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1he or she deems it in the best interest of the State of
2Illinois and shall result in debarment from future contracts,
3bids, offers, proposals, subcontracts, or relationships for a
4period of not less than 2 years and not more than 10 years.
5Reinstatement after 2 years and before 10 years must be
6reviewed and commented on in writing by the Governor of the
7State of Illinois, or by an executive ethics board or
8commission he or she might designate. The comment shall be
9returned to the responsible chief procurement officer who must
10rule in writing whether and when to reinstate.
11    (h) In addition, all disclosures shall note any other
12current or pending contracts, bids, offers, proposals,
13subcontracts, leases, or other ongoing procurement
14relationships the bidder, offeror, potential contractor,
15contractor, or subcontractor has with any other unit of State
16government and shall clearly identify the unit and the
17contract, offer, proposal, lease, or other relationship.
18    (i) The bidder, offeror, potential contractor, or
19contractor has a continuing obligation to supplement the
20disclosure required by this Section throughout the bidding
21process during the term of any contract, and during the vendor
22portal registration process.
23    (j) If a bid or offer is received from a responsive bidder,
24offeror, vendor, contractor, or subcontractor with an annual
25value of more than $100,000 and the bidder, offeror, vendor,
26contractor, or subcontractor has an active contract with that

 

 

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1same entity and already has submitted their financial
2disclosures and potential conflicts of interest within the
3last 12 months, the bidder, offeror, vendor, contractor, or
4subcontractor may submit a signed affidavit attesting that the
5original submission of its financial disclosures and potential
6conflicts of interests has not been altered or changed. The
7form and content of the affidavit shall be prescribed by the
8applicable chief procurement officer.
9(Source: P.A. 101-657, eff. 1-1-22; 102-721, eff. 1-1-23.)
 
10    (30 ILCS 500/55-25)
11    (Section scheduled to be repealed on January 1, 2025)
12    Sec. 55-25. State Procurement Task Force.
13    (a) There is hereby created the State Procurement Task
14Force.
15    (b) The task force shall survey the State procurement
16process and make recommendations to: (i) ensure that the
17process is equitable and efficient; (ii) provide departments
18with the flexibility needed to be successful; (iii) change the
19current structure of the procurement process; (iv) update the
20process to reflect modern procurement methods; (v) increase
21women-owned and minority-owned business participation; (vi)
22increase participation by Illinois vendors; and (vii) reduce
23costs and increase efficiency of State procurements.
24    (c) The task force shall consist of the following members:
25        (1) 4 members of the House of Representatives,

 

 

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1    appointed by the Speaker of the House of Representatives,
2    one of whom shall serve as co-chair of the Task Force;
3        (2) 4 members of the Senate, appointed by the
4    President of the Senate, one of whom shall serve as
5    co-chair of the Task Force;
6        (3) 3 members of the House of Representatives,
7    appointed by the Minority Leader of the House of
8    Representatives;
9        (4) 3 members of the Senate, appointed by the Minority
10    Leader of the Senate;
11        (5) 1 member representing State institutions of higher
12    education, appointed by the President of the Senate;
13        (6) 1 member representing State institutions of higher
14    education, appointed by the Speaker of the House of
15    Representatives;
16        (7) 5 members representing vendors, with one each
17    appointed by the Governor, the Speaker of the House of
18    Representatives, the President of the Senate, the Minority
19    Leader of the House of Representatives, and the Minority
20    Leader of the Senate;
21        (8) 5 members of the public representing women-owned
22    and minority-owned businesses, with one each appointed by
23    the Governor, the Speaker of the House of Representatives,
24    the President of the Senate, the Minority Leader of the
25    House of Representatives, and the Minority Leader of the
26    Senate;

 

 

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1        (9) 1 member from the Department of Central Management
2    Services, appointed by the Governor;
3        (10) 1 member from the Department of Transportation,
4    appointed by the Governor;
5        (11) 1 member from the Department of Information and
6    Technology, appointed by the Governor;
7        (12) 1 Chief Procurement Officer, appointed by the
8    Governor; and
9        (13) the Chairperson of the Commission on Equity and
10    Inclusion, who shall serve as Chair of the Task Force.
11    (d) Members of the task force shall serve without
12compensation for the duration of the task force.
13    (e) As soon as practicable after all members have been
14appointed, the task force shall hold its first meeting. The
15task force shall hold at least 7 meetings.
16    (f) The Procurement Policy Board Department of Central
17Management Services shall provide administrative and other
18support to the task force.
19    (g) The task force shall from time to time submit reports
20of its findings and recommendations on its survey of State
21procurement processes to the Governor and the General
22Assembly. By February 1, 2023 November 1, 2022, the task force
23shall submit a report to the Governor and General Assembly
24reporting findings and recommendations specifically including
25any proposed recommendations to: (i) alter the current
26structure and number of Chief Procurement Officers; (ii) enact

 

 

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1or modify cure periods in the Procurement Code that allow a
2potentially successful vendor to correct technical
3deficiencies in the vendor's bid; (iii) enact measures that
4increase efficiency, modernization, or reduce costs within the
5procurement system; and (iv) increase women-owned and
6minority-owned business participation. On or before January 1,
72024, the task force shall submit a report of its findings and
8recommendations on its survey of State procurement processes
9to the Governor and the General Assembly.
10    (h) This Section is repealed on January 1, 2025.
11(Source: P.A. 102-721, eff. 5-6-22.)
 
12    Section 20. The Design-Build Procurement Act is amended by
13changing Sections 5, 10, and 90 as follows:
 
14    (30 ILCS 537/5)
15    (Section scheduled to be repealed on July 1, 2027)
16    Sec. 5. Legislative policy. It is the intent of the
17General Assembly that the State construction agency Capital
18Development Board be allowed to use the design-build delivery
19method for public projects if it is shown to be in the State's
20best interest for that particular project. It shall be the
21policy of the State construction agency Capital Development
22Board in the procurement of design-build services to publicly
23announce all requirements for design-build services and to
24procure these services on the basis of demonstrated competence

 

 

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1and qualifications and with due regard for the principles of
2competitive selection.
3    The State construction agency Capital Development Board
4shall, prior to issuing requests for proposals, promulgate and
5publish procedures for the solicitation and award of contracts
6pursuant to this Act.
7    The State construction agency Capital Development Board
8shall, for each public project or projects permitted under
9this Act, make a written determination, including a
10description as to the particular advantages of the
11design-build procurement method, that it is in the best
12interests of this State to enter into a design-build contract
13for the project or projects. In making that determination, the
14following factors shall be considered:
15        (1) The probability that the design-build procurement
16    method will be in the best interests of the State by
17    providing a material savings of time or cost over the
18    design-bid-build or other delivery system.
19        (2) The type and size of the project and its
20    suitability to the design-build procurement method.
21        (3) The ability of the State construction agency to
22    define and provide comprehensive scope and performance
23    criteria for the project.
24    No State construction agency may use a design-build
25procurement method unless the agency determines in writing
26that the project will comply with the disadvantaged business

 

 

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1and equal employment practices of the State as established in
2the Business Enterprise for Minorities, Women, and Persons
3with Disabilities Act and Section 2-105 of the Illinois Human
4Rights Act.
5    The State construction agency Capital Development Board
6shall within 15 days after the initial determination provide
7an advisory copy to the Procurement Policy Board and maintain
8the full record of determination for 5 years.
9(Source: P.A. 100-391, eff. 8-25-17.)
 
10    (30 ILCS 537/10)
11    (Section scheduled to be repealed on July 1, 2027)
12    Sec. 10. Definitions. As used in this Act:
13    "State construction agency" means the Capital Development
14Board or, in the case of a design-build procurement for a
15public institution of higher education, the public institution
16of higher education.
17    "Delivery system" means the design and construction
18approach used to develop and construct a project.
19    "Design-bid-build" means the traditional delivery system
20used on public projects in this State that incorporates the
21Architectural, Engineering, and Land Surveying Qualification
22Based Selection Act (30 ILCS 535/) and the principles of
23competitive selection in the Illinois Procurement Code (30
24ILCS 500/).
25    "Design-build" means a delivery system that provides

 

 

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1responsibility within a single contract for the furnishing of
2architecture, engineering, land surveying and related services
3as required, and the labor, materials, equipment, and other
4construction services for the project.
5    "Design-build contract" means a contract for a public
6project under this Act between the State construction agency
7and a design-build entity to furnish architecture,
8engineering, land surveying, and related services as required,
9and to furnish the labor, materials, equipment, and other
10construction services for the project. The design-build
11contract may be conditioned upon subsequent refinements in
12scope and price and may allow the State construction agency to
13make modifications in the project scope without invalidating
14the design-build contract.
15    "Design-build entity" means any individual, sole
16proprietorship, firm, partnership, joint venture, corporation,
17professional corporation, or other entity that proposes to
18design and construct any public project under this Act. A
19design-build entity and associated design-build professionals
20shall conduct themselves in accordance with the laws of this
21State and the related provisions of the Illinois
22Administrative Code, as referenced by the licensed design
23professionals Acts of this State.
24    "Design professional" means any individual, sole
25proprietorship, firm, partnership, joint venture, corporation,
26professional corporation, or other entity that offers services

 

 

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1under the Illinois Architecture Practice Act of 1989 (225 ILCS
2305/), the Professional Engineering Practice Act of 1989 (225
3ILCS 325/), the Structural Engineering Licensing Act of 1989
4(225 ILCS 340/), or the Illinois Professional Land Surveyor
5Act of 1989 (225 ILCS 330/).
6    "Evaluation criteria" means the requirements for the
7separate phases of the selection process as defined in this
8Act and may include the specialized experience, technical
9qualifications and competence, capacity to perform, past
10performance, experience with similar projects, assignment of
11personnel to the project, and other appropriate factors. Price
12may not be used as a factor in the evaluation of Phase I
13proposals.
14    "Proposal" means the offer to enter into a design-build
15contract as submitted by a design-build entity in accordance
16with this Act.
17    "Public institution of higher education" has the meaning
18ascribed in subsection (f) of Section 1-13 of the Illinois
19Procurement Code.
20    "Request for proposal" means the document used by the
21State construction agency to solicit proposals for a
22design-build contract.
23    "Scope and performance criteria" means the requirements
24for the public project, including but not limited to, the
25intended usage, capacity, size, scope, quality and performance
26standards, life-cycle costs, and other programmatic criteria

 

 

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1that are expressed in performance-oriented and quantifiable
2specifications and drawings that can be reasonably inferred
3and are suited to allow a design-build entity to develop a
4proposal.
5(Source: P.A. 94-716, eff. 12-13-05.)
 
6    (30 ILCS 537/90)
7    (Section scheduled to be repealed on July 1, 2027)
8    Sec. 90. Repealer. This Act is repealed on January 1, 2026
9July 1, 2027.
10(Source: P.A. 102-1016, eff. 5-27-22.)
 
11    Section 25. The Business Enterprise for Minorities, Women,
12and Persons with Disabilities Act is amended by changing
13Sections 2 and 4 as follows:
 
14    (30 ILCS 575/2)
15    (Section scheduled to be repealed on June 30, 2024)
16    Sec. 2. Definitions.
17    (A) For the purpose of this Act, the following terms shall
18have the following definitions:
19        (1) "Minority person" shall mean a person who is a
20    citizen or lawful permanent resident of the United States
21    and who is any of the following:
22            (a) American Indian or Alaska Native (a person
23        having origins in any of the original peoples of North

 

 

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1        and South America, including Central America, and who
2        maintains tribal affiliation or community attachment).
3            (b) Asian (a person having origins in any of the
4        original peoples of the Far East, Southeast Asia, or
5        the Indian subcontinent, including, but not limited
6        to, Cambodia, China, India, Japan, Korea, Malaysia,
7        Pakistan, the Philippine Islands, Thailand, and
8        Vietnam).
9            (c) Black or African American (a person having
10        origins in any of the black racial groups of Africa).
11            (d) Hispanic or Latino (a person of Cuban,
12        Mexican, Puerto Rican, South or Central American, or
13        other Spanish culture or origin, regardless of race).
14            (e) Native Hawaiian or Other Pacific Islander (a
15        person having origins in any of the original peoples
16        of Hawaii, Guam, Samoa, or other Pacific Islands).
17        (2) "Woman" shall mean a person who is a citizen or
18    lawful permanent resident of the United States and who is
19    of the female gender.
20        (2.05) "Person with a disability" means a person who
21    is a citizen or lawful resident of the United States and is
22    a person qualifying as a person with a disability under
23    subdivision (2.1) of this subsection (A).
24        (2.1) "Person with a disability" means a person with a
25    severe physical or mental disability that:
26            (a) results from:

 

 

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1            amputation,
2            arthritis,
3            autism,
4            blindness,
5            burn injury,
6            cancer,
7            cerebral palsy,
8            Crohn's disease,
9            cystic fibrosis,
10            deafness,
11            head injury,
12            heart disease,
13            hemiplegia,
14            hemophilia,
15            respiratory or pulmonary dysfunction,
16            an intellectual disability,
17            mental illness,
18            multiple sclerosis,
19            muscular dystrophy,
20            musculoskeletal disorders,
21            neurological disorders, including stroke and
22        epilepsy,
23            paraplegia,
24            quadriplegia and other spinal cord conditions,
25            sickle cell anemia,
26            ulcerative colitis,

 

 

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1            specific learning disabilities, or
2            end stage renal failure disease; and
3            (b) substantially limits one or more of the
4        person's major life activities.
5        Another disability or combination of disabilities may
6    also be considered as a severe disability for the purposes
7    of item (a) of this subdivision (2.1) if it is determined
8    by an evaluation of rehabilitation potential to cause a
9    comparable degree of substantial functional limitation
10    similar to the specific list of disabilities listed in
11    item (a) of this subdivision (2.1).
12        (3) "Minority-owned business" means a business which
13    is at least 51% owned by one or more minority persons, or
14    in the case of a corporation, at least 51% of the stock in
15    which is owned by one or more minority persons; and the
16    management and daily business operations of which are
17    controlled by one or more of the minority individuals who
18    own it.
19        (4) "Women-owned business" means a business which is
20    at least 51% owned by one or more women, or, in the case of
21    a corporation, at least 51% of the stock in which is owned
22    by one or more women; and the management and daily
23    business operations of which are controlled by one or more
24    of the women who own it.
25        (4.1) "Business owned by a person with a disability"
26    means a business that is at least 51% owned by one or more

 

 

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1    persons with a disability and the management and daily
2    business operations of which are controlled by one or more
3    of the persons with disabilities who own it. A
4    not-for-profit agency for persons with disabilities that
5    is exempt from taxation under Section 501 of the Internal
6    Revenue Code of 1986 is also considered a "business owned
7    by a person with a disability".
8        (4.2) "Council" means the Business Enterprise Council
9    for Minorities, Women, and Persons with Disabilities
10    created under Section 5 of this Act.
11        (4.3) "Commission" means, unless the context clearly
12    indicates otherwise, the Commission on Equity and
13    Inclusion created under the Commission on Equity and
14    Inclusion Act.
15        (5) "State contracts" means all contracts entered into
16    by the State, any agency or department thereof, or any
17    public institution of higher education, including
18    community college districts, regardless of the source of
19    the funds with which the contracts are paid, which are not
20    subject to federal reimbursement. "State contracts" does
21    not include contracts awarded by a retirement system,
22    pension fund, or investment board subject to Section
23    1-109.1 of the Illinois Pension Code. This definition
24    shall control over any existing definition under this Act
25    or applicable administrative rule.
26        "State construction contracts" means all State

 

 

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1    contracts entered into by a State agency or public
2    institution of higher education for the repair,
3    remodeling, renovation or construction of a building or
4    structure, or for the construction or maintenance of a
5    highway defined in Article 2 of the Illinois Highway Code.
6        (6) "State agencies" shall mean all departments,
7    officers, boards, commissions, institutions and bodies
8    politic and corporate of the State, but does not include
9    the Board of Trustees of the University of Illinois, the
10    Board of Trustees of Southern Illinois University, the
11    Board of Trustees of Chicago State University, the Board
12    of Trustees of Eastern Illinois University, the Board of
13    Trustees of Governors State University, the Board of
14    Trustees of Illinois State University, the Board of
15    Trustees of Northeastern Illinois University, the Board of
16    Trustees of Northern Illinois University, the Board of
17    Trustees of Western Illinois University, municipalities or
18    other local governmental units, or other State
19    constitutional officers.
20        (7) "Public institutions of higher education" means
21    the University of Illinois, Southern Illinois University,
22    Chicago State University, Eastern Illinois University,
23    Governors State University, Illinois State University,
24    Northeastern Illinois University, Northern Illinois
25    University, Western Illinois University, the public
26    community colleges of the State, and any other public

 

 

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1    universities, colleges, and community colleges now or
2    hereafter established or authorized by the General
3    Assembly.
4        (8) "Certification" means a determination made by the
5    Council or by one delegated authority from the Council to
6    make certifications, or by a State agency with statutory
7    authority to make such a certification, that a business
8    entity is a business owned by a minority, woman, or person
9    with a disability for whatever purpose. A business owned
10    and controlled by women shall be certified as a
11    "woman-owned business". A business owned and controlled by
12    women who are also minorities shall be certified as both a
13    "women-owned business" and a "minority-owned business".
14        (9) "Control" means the exclusive or ultimate and sole
15    control of the business including, but not limited to,
16    capital investment and all other financial matters,
17    property, acquisitions, contract negotiations, legal
18    matters, officer-director-employee selection and
19    comprehensive hiring, operating responsibilities,
20    cost-control matters, income and dividend matters,
21    financial transactions and rights of other shareholders or
22    joint partners. Control shall be real, substantial and
23    continuing, not pro forma. Control shall include the power
24    to direct or cause the direction of the management and
25    policies of the business and to make the day-to-day as
26    well as major decisions in matters of policy, management

 

 

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1    and operations. Control shall be exemplified by possessing
2    the requisite knowledge and expertise to run the
3    particular business and control shall not include simple
4    majority or absentee ownership.
5        (10) "Business" means a business that has annual gross
6    sales of less than $150,000,000 $75,000,000 as evidenced
7    by the federal income tax return of the business. A firm
8    with gross sales in excess of this cap may apply to the
9    Council for certification for a particular contract if the
10    firm can demonstrate that the contract would have
11    significant impact on businesses owned by minorities,
12    women, or persons with disabilities as suppliers or
13    subcontractors or in employment of minorities, women, or
14    persons with disabilities. Firms with gross sales in
15    excess of this cap that are granted certification by the
16    Council shall be granted certification for the life of the
17    contract, including available renewals.
18        (11) "Utilization plan" means a form and additional
19    documentations included in all bids or proposals that
20    demonstrates a vendor's proposed utilization of vendors
21    certified by the Business Enterprise Program to meet the
22    targeted goal. The utilization plan shall demonstrate that
23    the Vendor has either: (1) met the entire contract goal or
24    (2) requested a full or partial waiver and made good faith
25    efforts towards meeting the goal.
26        (12) "Business Enterprise Program" means the Business

 

 

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1    Enterprise Program of the Commission on Equity and
2    Inclusion.
3    (B) When a business is owned at least 51% by any
4combination of minority persons, women, or persons with
5disabilities, even though none of the 3 classes alone holds at
6least a 51% interest, the ownership requirement for purposes
7of this Act is considered to be met. The certification
8category for the business is that of the class holding the
9largest ownership interest in the business. If 2 or more
10classes have equal ownership interests, the certification
11category shall be determined by the business.
12(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
13102-29, eff. 6-25-21.)
 
14    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
15    (Section scheduled to be repealed on June 30, 2024)
16    Sec. 4. Award of State contracts.
17    (a) Except as provided in subsection (b), not less than
1830% of the total dollar amount of State contracts, as defined
19by the Secretary of the Council and approved by the Council,
20shall be established as an aspirational goal to be awarded to
21businesses owned by minorities, women, and persons with
22disabilities; provided, however, that of the total amount of
23all State contracts awarded to businesses owned by minorities,
24women, and persons with disabilities pursuant to this Section,
25contracts representing at least 16% shall be awarded to

 

 

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1businesses owned by minorities, contracts representing at
2least 10% shall be awarded to women-owned businesses, and
3contracts representing at least 4% shall be awarded to
4businesses owned by persons with disabilities.
5    (a-5) In addition to the aspirational goals in awarding
6State contracts set under subsection (a), the Commission shall
7by rule further establish targeted efforts to encourage the
8participation of businesses owned by minorities, women, and
9persons with disabilities on State contracts. Such efforts
10shall include, but not be limited to, further concerted
11outreach efforts to businesses owned by minorities, women, and
12persons with disabilities.
13    The above percentage relates to the total dollar amount of
14State contracts during each State fiscal year, calculated by
15examining independently each type of contract for each agency
16or public institutions of higher education which lets such
17contracts. Only that percentage of arrangements which
18represents the participation of businesses owned by
19minorities, women, and persons with disabilities on such
20contracts shall be included. State contracts subject to the
21requirements of this Act shall include the requirement that
22only expenditures to businesses owned by minorities, women,
23and persons with disabilities that perform a commercially
24useful function may be counted toward the goals set forth by
25this Act. Contracts shall include a definition of
26"commercially useful function" that is consistent with 49 CFR

 

 

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126.55(c).
2    (b) Not less than 20% of the total dollar amount of State
3construction contracts is established as an aspirational goal
4to be awarded to businesses owned by minorities, women, and
5persons with disabilities; provided that, contracts
6representing at least 11% of the total dollar amount of State
7construction contracts shall be awarded to businesses owned by
8minorities; contracts representing at least 7% of the total
9dollar amount of State construction contracts shall be awarded
10to women-owned businesses; and contracts representing at least
112% of the total dollar amount of State construction contracts
12shall be awarded to businesses owned by persons with
13disabilities.
14    (c) (Blank).
15    (c-5) All goals established under this Section shall be
16contingent upon the results of the most recent disparity study
17conducted by the State.
18    (d) Within one year after April 28, 2009 (the effective
19date of Public Act 96-8), the Department of Central Management
20Services shall conduct a social scientific study that measures
21the impact of discrimination on minority and women business
22development in Illinois. Within 18 months after April 28, 2009
23(the effective date of Public Act 96-8), the Department shall
24issue a report of its findings and any recommendations on
25whether to adjust the goals for minority and women
26participation established in this Act. Copies of this report

 

 

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1and the social scientific study shall be filed with the
2Governor and the General Assembly.
3    By December 1, 2020, the Department of Central Management
4Services shall conduct a new social scientific study that
5measures the impact of discrimination on minority and women
6business development in Illinois. By June 1, 2022, the
7Department shall issue a report of its findings and any
8recommendations on whether to adjust the goals for minority
9and women participation established in this Act. Copies of
10this report and the social scientific study shall be filed
11with the Governor and the General Assembly. By December 1,
122022, the Commission on Equity and Inclusion Business
13Enterprise Program shall develop a model for social scientific
14disparity study sourcing for local governmental units to adapt
15and implement to address regional disparities in public
16procurement.
17    (e) All State contract solicitations that include Business
18Enterprise Program participation goals shall require bidders
19or offerors to include utilization plans. Utilization plans
20are due at the time of bid or offer submission. Failure to
21complete and include a utilization plan, including
22documentation demonstrating good faith efforts when requesting
23a waiver, shall render the bid or offer non-responsive.
24    Except as permitted under this Act or as otherwise
25mandated by federal regulation, a bidder or offeror whose bid
26or offer is accepted and who included in that bid a completed

 

 

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1utilization plan but who fails to meet the goals set forth in
2the plan shall be notified of the deficiency by the
3contracting agency or public institution of higher education
4and shall be given a period of 10 calendar days to cure the
5deficiency by contracting with additional subcontractors who
6are certified by the Business Enterprise Program or by
7increasing the work to be performed by previously identified
8vendors certified by the Business Enterprise Program.
9    Deficiencies that may be cured include: (i) scrivener's
10errors, such as transposed numbers; (ii) information submitted
11in an incorrect form or format; (iii) mistakes resulting from
12failure to follow instructions or to identify and adequately
13document good faith efforts taken to comply with the
14utilization plan; or (iv) a proposal to use a firm whose
15Business Enterprise Program certification has lapsed or is not
16yet recognized. Cure is not authorized if the bidder or
17offeror submits a blank utilization plan, a utilization plan
18that shows lack of reasonable effort to complete the form on
19time, or a utilization plan that states the contract will be
20self-performed, by a non-certified vendor, without showing
21good faith efforts or a request for a waiver. All cure activity
22shall address the deficiencies identified by the purchasing
23agency and shall require clear documentation, including that
24of good faith efforts, to address those deficiencies. Any
25increase in cost to a contract for the addition of a
26subcontractor to cure a bid's deficiency shall not affect the

 

 

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1bid price and shall not be used in the request for an exemption
2under this Act, and, in no case, shall an identified
3subcontractor with a Business Enterprise Program certification
4made under this Act be terminated from a contract without the
5written consent of the State agency or public institution of
6higher education entering into the contract. The purchasing
7agency or public institution of higher education shall make
8the determination whether the cure is adequate.
9    Vendors certified with the Business Enterprise Program at
10the time and date submittals are due and who do not submit a
11utilization plan or have utilization plan deficiencies shall
12have 10 business days to submit a utilization plan or to
13correct the utilization plan deficiencies. Except as permitted
14under this Act or as otherwise mandated by federal law or
15regulation, in response those who submit bids or proposals for
16State contracts subject to the provisions of this Act, whose
17bids or proposals are successful but include a utilization
18plan that fails to demonstrate good faith efforts to meet the
19goals set forth in the solicitation of that deficiency and may
20allow the bidder or offeror a period not to exceed 10 calendar
21days from the date of notification to cure that deficiency in
22the bid or proposal. The deficiency in the bid or proposal may
23only be cured by contracting with additional subcontractors
24who are certified by the Business Enterprise Program at the
25time of bid submission. Any increase in cost to a contract for
26the addition of a subcontractor to cure a bid's deficiency or

 

 

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1to ensure diversity participation on the contract shall not
2affect the bid price, shall not be used in the request for an
3exemption in this Act, and in no case shall an identified
4subcontractor with a certification made pursuant to this Act
5be terminated from the contract without the written consent of
6the State agency or public institution of higher education
7entering into the contract. Submission of a blank utilization
8plan renders a bid or offer non-responsive and is not curable.
9The Commission on Equity and Inclusion shall be notified of
10all bids or offers that fail to include a utilization plan or
11that include a utilization plan with deficiencies.
12    (f) (Blank).
13    (g) (Blank).
14    (h) State agencies and public institutions of higher
15education shall notify the Commission on Equity and Inclusion
16of all non-responsive bids or proposals for State contracts.
17(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
18101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article
1940, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21;
20102-558, eff. 8-20-21.)
 
21    Section 30. The Local Food, Farms, and Jobs Act is amended
22by changing Sections 10 and 30 as follows:
 
23    (30 ILCS 595/10)
24    Sec. 10. Procurement goals for local farm or food

 

 

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1products.
2    (a) In order to create, strengthen, and expand local farm
3and food economies throughout Illinois, it shall be the goal
4of this State that 20% of all food and food products purchased
5by State agencies and State-owned facilities, including,
6without limitation, facilities for persons with mental health
7and developmental disabilities, correctional facilities, and
8public universities, shall, by 2020, be local farm or food
9products.
10    (b) The State Local Food, Farms, and Jobs Council
11established under this Act shall support and encourage that
1210% of food and food products purchased by entities funded in
13part or in whole by State dollars, which spend more than
14$25,000 per year on food or food products for its students,
15residents, or clients, including, without limitation, public
16schools, child care facilities, after-school programs, and
17hospitals, shall, by 2020, be local farm or food products.
18    (c) To meet the goals set forth in this Section, when a
19State contract for purchase of food or food products is to be
20awarded to the lowest responsible bidder, an otherwise
21qualified bidder who will fulfill the contract through the use
22of local farm or food products may be given preference over
23other bidders, provided that the cost included in the bid of
24local farm or food products is not more than 10% greater than
25the cost included in a bid that is not for local farm or food
26products.

 

 

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1    (d) All State agencies and State-owned facilities that
2purchase food and food products shall, with the assistance of
3the Local Food, Farms, and Jobs Council, develop a system for
4(i) identifying the percentage of local farm or food products
5purchased for fiscal year 2021 2011 as the baseline; and (ii)
6tracking and reporting local farm or food products purchases
7on an annual basis.
8    (e) On January 1, 2024 and each January 1 thereafter,
9those State agencies and State-owned facilities that purchase
10food or food products shall publish in their respective
11procurement bulletins, in the form and format prescribed by
12the chief procurement officer, notice of their purchases of
13local farm or food products in the immediately preceding
14fiscal year.
15(Source: P.A. 96-579, eff. 8-18-09.)
 
16    (30 ILCS 595/30)
17    Sec. 30. Farm-school database. The Department of
18Agriculture shall establish, and make available on its
19website, a geo-coded electronic database to facilitate the
20purchase of fresh produce and food products by schools. The
21database shall be developed jointly with the Local Food,
22Farms, and Jobs Council and, at a minimum, contain the
23information necessary for (i) schools to identify and contact
24agricultural producers that are interested in supplying
25schools in the State with fresh produce and food products and

 

 

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1(ii) agricultural producers of fresh produce and food products
2to identify schools in the State that are interested in
3purchasing those products. The Department of Agriculture shall
4adopt rules necessary to implement this Section. The
5Department of Agriculture shall also solicit federal and State
6funding for the purpose of implementing this program. The
7requirement of the Department to establish, and make available
8on its website, this database shall become effective once the
9Department has secured all of the additional federal or State
10funding necessary to implement this program.
11(Source: P.A. 96-1095, eff. 1-1-11.)
 
12    (30 ILCS 595/15 rep.)
13    (30 ILCS 595/20 rep.)
14    (30 ILCS 595/25 rep.)
15    Section 35. The Local Food, Farms, and Jobs Act is amended
16by repealing Sections 15, 20, and 25.
 
17    Section 40. The State Property Control Act is amended by
18changing Section 6.02 as follows:
 
19    (30 ILCS 605/6.02)  (from Ch. 127, par. 133b9.2)
20    Sec. 6.02. Each responsible officer shall maintain a
21permanent record of all items of property under his
22jurisdiction and control, provided the administrator may
23exempt tangible personal property of nominal value or in the

 

 

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1nature of consumable supplies, or both; and provided further
2that "textbooks" as defined in Section 18-17 of The School
3Code shall be exempted by the administrator after those
4textbooks have been on loan pursuant to that Section for a
5period of 5 years or more. The listing shall include all
6property being acquired under agreements which are required by
7the State Comptroller to be capitalized for inclusion in the
8statewide financial statements. Each responsible officer shall
9submit a listing of the permanent record at least annually to
10the administrator in such format as the administrator shall
11require. The record may be submitted in either hard copy or
12computer readable form. The administrator may require more
13frequent submissions when in the opinion of the administrator
14the agency records are not sufficiently reliable to justify
15annual submissions.
16    As used in this Section, "nominal value" means the value
17of an item is $2,500 $1,000 or less. For the purposes of this
18definition, the value of the item shall reflect its
19depreciated value, as determined by the administrator. The
20administrator may by rule set the threshold for "nominal
21value" at a higher amount. Nothing in this definition shall be
22construed as relieving responsible officers of the duty to
23reasonably ensure that State property is not subject to theft.
24(Source: P.A. 100-193, eff. 1-1-18.)
 
25    Section 45. The Criminal Code of 2012 is amended by

 

 

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1changing Section 33E-9 as follows:
 
2    (720 ILCS 5/33E-9)  (from Ch. 38, par. 33E-9)
3    Sec. 33E-9. Change orders. Any change order authorized
4under this Section shall be made in writing. Any person
5employed by and authorized by any unit of State or local
6government to approve a change order to any public contract
7who knowingly grants that approval without first obtaining
8from the unit of State or local government on whose behalf the
9contract was signed, or from a designee authorized by that
10unit of State or local government, a determination in writing
11that (1) the circumstances said to necessitate the change in
12performance were not reasonably foreseeable at the time the
13contract was signed, or (2) the change is germane to the
14original contract as signed, or (3) the change order is in the
15best interest of the unit of State or local government and
16authorized by law, commits a Class 4 felony. The written
17determination and the written change order resulting from that
18determination shall be preserved in the contract's file which
19shall be open to the public for inspection. This Section shall
20only apply to a change order or series of change orders which
21authorize or necessitate an increase or decrease in either the
22cost of a public contract by a total of $25,000 $10,000 or more
23or the time of completion by a total of 180 30 days or more.
24(Source: P.A. 86-150; 87-618.)
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect January
91, 2023.