Sen. Cristina Castro

Filed: 5/30/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2567

2    AMENDMENT NO. ______. Amend House Bill 2567, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Commission to End Hunger Act is amended by
6changing Section 15 as follows:
 
7    (20 ILCS 5015/15)
8    Sec. 15. Members. The Commission to End Hunger shall be
9composed of no more than 21 voting members including 2 members
10of the Illinois House of Representatives, one appointed by the
11Speaker of the House and one appointed by the House Minority
12Leader; 2 members of the Illinois Senate, one appointed by the
13Senate President and one appointed by the Senate Minority
14Leader; one representative of the Office of the Governor
15appointed by the Governor; one representative of the Office of
16the Lieutenant Governor appointed by the Lieutenant Governor;

 

 

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

 

 

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

 

 

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1provide leadership to support the Commission. The Department
2of Human Services and the State of Illinois shall not incur any
3costs as a result of the creation of the Commission to End
4Hunger as the coordination of meetings, report preparation,
5and other related duties will be completed by a representative
6of a food bank that is serving as a co-chair of the Commission.
7(Source: P.A. 96-1119, eff. 7-20-10; 97-419, eff. 8-16-11.)
 
8    Section 10. The Illinois Procurement Code is amended by
9changing Sections 1-10, 1-12, 1-13, 1-15.93, 20-20, 20-60,
1030-30, and 55-20 and by adding Section 50-90 as follows:
 
11    (30 ILCS 500/1-10)
12    Sec. 1-10. Application.
13    (a) This Code applies only to procurements for which
14bidders, offerors, potential contractors, or contractors were
15first solicited on or after July 1, 1998. This Code shall not
16be construed to affect or impair any contract, or any
17provision of a contract, entered into based on a solicitation
18prior to the implementation date of this Code as described in
19Article 99, including, but not limited to, any covenant
20entered into with respect to any revenue bonds or similar
21instruments. All procurements for which contracts are
22solicited between the effective date of Articles 50 and 99 and
23July 1, 1998 shall be substantially in accordance with this
24Code and its intent.

 

 

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1    (b) This Code shall apply regardless of the source of the
2funds with which the contracts are paid, including federal
3assistance moneys. This Code shall not apply to:
4        (1) Contracts between the State and its political
5    subdivisions or other governments, or between State
6    governmental bodies, except as specifically provided in
7    this Code.
8        (2) Grants, except for the filing requirements of
9    Section 20-80.
10        (3) Purchase of care, except as provided in Section
11    5-30.6 of the Illinois Public Aid Code and this Section.
12        (4) Hiring of an individual as employee and not as an
13    independent contractor, whether pursuant to an employment
14    code or policy or by contract directly with that
15    individual.
16        (5) Collective bargaining contracts.
17        (6) Purchase of real estate, except that notice of
18    this type of contract with a value of more than $25,000
19    must be published in the Procurement Bulletin within 10
20    calendar days after the deed is recorded in the county of
21    jurisdiction. The notice shall identify the real estate
22    purchased, the names of all parties to the contract, the
23    value of the contract, and the effective date of the
24    contract.
25        (7) Contracts necessary to prepare for anticipated
26    litigation, enforcement actions, or investigations,

 

 

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1    provided that the chief legal counsel to the Governor
2    shall give his or her prior approval when the procuring
3    agency is one subject to the jurisdiction of the Governor,
4    and provided that the chief legal counsel of any other
5    procuring entity subject to this Code shall give his or
6    her prior approval when the procuring entity is not one
7    subject to the jurisdiction of the Governor.
8        (8) (Blank).
9        (9) Procurement expenditures by the Illinois
10    Conservation Foundation when only private funds are used.
11        (10) (Blank).
12        (11) Public-private agreements entered into according
13    to the procurement requirements of Section 20 of the
14    Public-Private Partnerships for Transportation Act and
15    design-build agreements entered into according to the
16    procurement requirements of Section 25 of the
17    Public-Private Partnerships for Transportation Act.
18        (12) Contracts for legal, financial, and other
19    professional and artistic services entered into on or
20    before December 31, 2018 by the Illinois Finance Authority
21    in which the State of Illinois is not obligated. Such
22    contracts shall be awarded through a competitive process
23    authorized by the Board of the Illinois Finance Authority
24    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
25    50-35, and 50-37 of this Code, as well as the final
26    approval by the Board of the Illinois Finance Authority of

 

 

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1    the terms of the contract.
2        (13) Contracts for services, commodities, and
3    equipment to support the delivery of timely forensic
4    science services in consultation with and subject to the
5    approval of the Chief Procurement Officer as provided in
6    subsection (d) of Section 5-4-3a of the Unified Code of
7    Corrections, except for the requirements of Sections
8    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
9    Code; however, the Chief Procurement Officer may, in
10    writing with justification, waive any certification
11    required under Article 50 of this Code. For any contracts
12    for services which are currently provided by members of a
13    collective bargaining agreement, the applicable terms of
14    the collective bargaining agreement concerning
15    subcontracting shall be followed.
16        On and after January 1, 2019, this paragraph (13),
17    except for this sentence, is inoperative.
18        (14) Contracts for participation expenditures required
19    by a domestic or international trade show or exhibition of
20    an exhibitor, member, or sponsor.
21        (15) Contracts with a railroad or utility that
22    requires the State to reimburse the railroad or utilities
23    for the relocation of utilities for construction or other
24    public purpose. Contracts included within this paragraph
25    (15) shall include, but not be limited to, those
26    associated with: relocations, crossings, installations,

 

 

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1    and maintenance. For the purposes of this paragraph (15),
2    "railroad" means any form of non-highway ground
3    transportation that runs on rails or electromagnetic
4    guideways and "utility" means: (1) public utilities as
5    defined in Section 3-105 of the Public Utilities Act, (2)
6    telecommunications carriers as defined in Section 13-202
7    of the Public Utilities Act, (3) electric cooperatives as
8    defined in Section 3.4 of the Electric Supplier Act, (4)
9    telephone or telecommunications cooperatives as defined in
10    Section 13-212 of the Public Utilities Act, (5) rural
11    water or waste water systems with 10,000 connections or
12    less, (6) a holder as defined in Section 21-201 of the
13    Public Utilities Act, and (7) municipalities owning or
14    operating utility systems consisting of public utilities
15    as that term is defined in Section 11-117-2 of the
16    Illinois Municipal Code.
17        (16) Procurement expenditures necessary for the
18    Department of Public Health to provide the delivery of
19    timely newborn screening services in accordance with the
20    Newborn Metabolic Screening Act.
21        (17) Procurement expenditures necessary for the
22    Department of Agriculture, the Department of Financial and
23    Professional Regulation, the Department of Human Services,
24    and the Department of Public Health to implement the
25    Compassionate Use of Medical Cannabis Program and Opioid
26    Alternative Pilot Program requirements and ensure access

 

 

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1    to medical cannabis for patients with debilitating medical
2    conditions in accordance with the Compassionate Use of
3    Medical Cannabis Program Act.
4        (18) This Code does not apply to any procurements
5    necessary for the Department of Agriculture, the
6    Department of Financial and Professional Regulation, the
7    Department of Human Services, the Department of Commerce
8    and Economic Opportunity, and the Department of Public
9    Health to implement the Cannabis Regulation and Tax Act if
10    the applicable agency has made a good faith determination
11    that it is necessary and appropriate for the expenditure
12    to fall within this exemption and if the process is
13    conducted in a manner substantially in accordance with the
14    requirements of Sections 20-160, 25-60, 30-22, 50-5,
15    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
16    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
17    Section 50-35, compliance applies only to contracts or
18    subcontracts over $100,000. Notice of each contract
19    entered into under this paragraph (18) that is related to
20    the procurement of goods and services identified in
21    paragraph (1) through (9) of this subsection shall be
22    published in the Procurement Bulletin within 14 calendar
23    days after contract execution. The Chief Procurement
24    Officer shall prescribe the form and content of the
25    notice. Each agency shall provide the Chief Procurement
26    Officer, on a monthly basis, in the form and content

 

 

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1    prescribed by the Chief Procurement Officer, a report of
2    contracts that are related to the procurement of goods and
3    services identified in this subsection. At a minimum, this
4    report shall include the name of the contractor, a
5    description of the supply or service provided, the total
6    amount of the contract, the term of the contract, and the
7    exception to this Code utilized. A copy of any or all of
8    these contracts shall be made available to the Chief
9    Procurement Officer immediately upon request. The Chief
10    Procurement Officer shall submit a report to the Governor
11    and General Assembly no later than November 1 of each year
12    that includes, at a minimum, an annual summary of the
13    monthly information reported to the Chief Procurement
14    Officer. This exemption becomes inoperative 5 years after
15    June 25, 2019 (the effective date of Public Act 101-27)
16    this amendatory Act of the 101st General Assembly.
17    Notwithstanding any other provision of law, for contracts
18with an annual value of more than $100,000 entered into on or
19after October 1, 2017 under an exemption provided in any
20paragraph of this subsection (b), except paragraph (1), (2),
21or (5), each State agency shall post to the appropriate
22procurement bulletin the name of the contractor, a description
23of the supply or service provided, the total amount of the
24contract, the term of the contract, and the exception to the
25Code utilized. The chief procurement officer shall submit a
26report to the Governor and General Assembly no later than

 

 

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1November 1 of each year that shall include, at a minimum, an
2annual summary of the monthly information reported to the
3chief procurement officer.
4    (c) This Code does not apply to the electric power
5procurement process provided for under Section 1-75 of the
6Illinois Power Agency Act and Section 16-111.5 of the Public
7Utilities Act.
8    (d) Except for Section 20-160 and Article 50 of this Code,
9and as expressly required by Section 9.1 of the Illinois
10Lottery Law, the provisions of this Code do not apply to the
11procurement process provided for under Section 9.1 of the
12Illinois Lottery Law.
13    (e) This Code does not apply to the process used by the
14Capital Development Board to retain a person or entity to
15assist the Capital Development Board with its duties related
16to the determination of costs of a clean coal SNG brownfield
17facility, as defined by Section 1-10 of the Illinois Power
18Agency Act, as required in subsection (h-3) of Section 9-220
19of the Public Utilities Act, including calculating the range
20of capital costs, the range of operating and maintenance
21costs, or the sequestration costs or monitoring the
22construction of clean coal SNG brownfield facility for the
23full duration of construction.
24    (f) (Blank).
25    (g) (Blank).
26    (h) This Code does not apply to the process to procure or

 

 

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1contracts entered into in accordance with Sections 11-5.2 and
211-5.3 of the Illinois Public Aid Code.
3    (i) Each chief procurement officer may access records
4necessary to review whether a contract, purchase, or other
5expenditure is or is not subject to the provisions of this
6Code, unless such records would be subject to attorney-client
7privilege.
8    (j) This Code does not apply to the process used by the
9Capital Development Board to retain an artist or work or works
10of art as required in Section 14 of the Capital Development
11Board Act.
12    (k) This Code does not apply to the process to procure
13contracts, or contracts entered into, by the State Board of
14Elections or the State Electoral Board for hearing officers
15appointed pursuant to the Election Code.
16    (l) This Code does not apply to the processes used by the
17Illinois Student Assistance Commission to procure supplies and
18services paid for from the private funds of the Illinois
19Prepaid Tuition Fund. As used in this subsection (l), "private
20funds" means funds derived from deposits paid into the
21Illinois Prepaid Tuition Trust Fund and the earnings thereon.
22(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
23100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
246-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
259-17-19.)
 

 

 

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1    (30 ILCS 500/1-12)
2    Sec. 1-12. Applicability to artistic or musical services.
3    (a) This Code shall not apply to procurement expenditures
4necessary to provide artistic or musical services,
5performances, or theatrical productions held at a venue
6operated or leased by a State agency.
7    (b) Notice of each contract with an annual value of more
8than $100,000 entered into by a State agency that is related to
9the procurement of goods and services identified in this
10Section shall be published in the Illinois Procurement
11Bulletin within 14 calendar days after contract execution. The
12chief procurement officer shall prescribe the form and content
13of the notice. Each State agency shall provide the chief
14procurement officer, on a monthly basis, in the form and
15content prescribed by the chief procurement officer, a report
16of contracts that are related to the procurement of supplies
17and services identified in this Section. At a minimum, this
18report shall include the name of the contractor, a description
19of the supply or service provided, the total amount of the
20contract, the term of the contract, and the exception to the
21Code utilized. A copy of any or all of these contracts shall be
22made available to the chief procurement officer immediately
23upon request. The chief procurement officer shall submit a
24report to the Governor and General Assembly no later than
25November 1 of each year that shall include, at a minimum, an
26annual summary of the monthly information reported to the

 

 

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1chief procurement officer.
2    (c) (Blank).
3    (d) The General Assembly finds and declares that:
4        (1) This amendatory Act of the 100th General Assembly
5    manifests the intention of the General Assembly to remove
6    the repeal of this Section.
7        (2) This Section was originally enacted to protect,
8    promote, and preserve the general welfare. Any
9    construction of this Section that results in the repeal of
10    this Section on December 31, 2016 would be inconsistent
11    with the manifest intent of the General Assembly and
12    repugnant to the context of this Code.
13    It is hereby declared to have been the intent of the
14General Assembly that this Section not be subject to repeal on
15December 31, 2016.
16    This Section shall be deemed to have been in continuous
17effect since August 3, 2012 (the effective date of Public Act
1897-895), and it shall continue to be in effect henceforward
19until it is otherwise lawfully repealed. All previously
20enacted amendments to this Section taking effect on or after
21December 31, 2016, are hereby validated.
22    All actions taken in reliance on or pursuant to this
23Section in the procurement of artistic or musical services are
24hereby validated.
25    In order to ensure the continuing effectiveness of this
26Section, it is set forth in full and re-enacted by this

 

 

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1amendatory Act of the 100th General Assembly. This
2re-enactment is intended as a continuation of this Section. It
3is not intended to supersede any amendment to this Section
4that is enacted by the 100th General Assembly.
5    In this amendatory Act of the 100th General Assembly, the
6base text of this Section is set forth as amended by Public Act
798-1076. Striking and underscoring is used only to show
8changes being made to the base text.
9    This Section applies to all procurements made on or before
10the effective date of this amendatory Act of the 100th General
11Assembly.
12(Source: P.A. 100-43, eff. 8-9-17.)
 
13    (30 ILCS 500/1-13)
14    Sec. 1-13. Applicability to public institutions of higher
15education.
16    (a) This Code shall apply to public institutions of higher
17education, regardless of the source of the funds with which
18contracts are paid, except as provided in this Section.
19    (b) Except as provided in this Section, this Code shall
20not apply to procurements made by or on behalf of public
21institutions of higher education for any of the following:
22        (1) Memberships in professional, academic, research,
23    or athletic organizations on behalf of a public
24    institution of higher education, an employee of a public
25    institution of higher education, or a student at a public

 

 

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1    institution of higher education.
2        (2) Procurement expenditures for events or activities
3    paid for exclusively by revenues generated by the event or
4    activity, gifts or donations for the event or activity,
5    private grants, or any combination thereof.
6        (3) Procurement expenditures for events or activities
7    for which the use of specific potential contractors is
8    mandated or identified by the sponsor of the event or
9    activity, provided that the sponsor is providing a
10    majority of the funding for the event or activity.
11        (4) Procurement expenditures necessary to provide
12    athletic, artistic or musical services, performances,
13    events, or productions by or for a public institution of
14    higher education.
15        (5) Procurement expenditures for periodicals, books,
16    subscriptions, database licenses, and other publications
17    procured for use by a university library or academic
18    department, except for expenditures related to procuring
19    textbooks for student use or materials for resale or
20    rental.
21        (6) Procurement expenditures for placement of students
22    in externships, practicums, field experiences, and for
23    medical residencies and rotations.
24        (7) Contracts for programming and broadcast license
25    rights for university-operated radio and television
26    stations.

 

 

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1        (8) Procurement expenditures necessary to perform
2    sponsored research and other sponsored activities under
3    grants and contracts funded by the sponsor or by sources
4    other than State appropriations.
5        (9) Contracts with a foreign entity for research or
6    educational activities, provided that the foreign entity
7    either does not maintain an office in the United States or
8    is the sole source of the service or product.
9Notice of each contract with an annual value of more than
10$100,000 entered into by a public institution of higher
11education that is related to the procurement of goods and
12services identified in items (1) through (9) of this
13subsection shall be published in the Procurement Bulletin
14within 14 calendar days after contract execution. The Chief
15Procurement Officer shall prescribe the form and content of
16the notice. Each public institution of higher education shall
17provide the Chief Procurement Officer, on a monthly basis, in
18the form and content prescribed by the Chief Procurement
19Officer, a report of contracts that are related to the
20procurement of goods and services identified in this
21subsection. At a minimum, this report shall include the name
22of the contractor, a description of the supply or service
23provided, the total amount of the contract, the term of the
24contract, and the exception to the Code utilized. A copy of any
25or all of these contracts shall be made available to the Chief
26Procurement Officer immediately upon request. The Chief

 

 

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1Procurement Officer shall submit a report to the Governor and
2General Assembly no later than November 1 of each year that
3shall include, at a minimum, an annual summary of the monthly
4information reported to the Chief Procurement Officer.
5    (b-5) Except as provided in this subsection, the
6provisions of this Code shall not apply to contracts for
7medical supplies, and to contracts for medical services
8necessary for the delivery of care and treatment at medical,
9dental, or veterinary teaching facilities utilized by Southern
10Illinois University or the University of Illinois and at any
11university-operated health care center or dispensary that
12provides care, treatment, and medications for students,
13faculty and staff. Other supplies and services needed for
14these teaching facilities shall be subject to the jurisdiction
15of the Chief Procurement Officer for Public Institutions of
16Higher Education who may establish expedited procurement
17procedures and may waive or modify certification, contract,
18hearing, process and registration requirements required by the
19Code. All procurements made under this subsection shall be
20documented and may require publication in the Illinois
21Procurement Bulletin.
22    (b-10) Procurements made by or on behalf of the University
23of Illinois for investment services scheduled to expire June
242020 may be extended through June 2021 without being subject
25to the requirements of this Code. Any contract extended,
26renewed, or entered pursuant to this exception shall be

 

 

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1published on the Executive Ethics Commission's website within
25 days of contract execution. This subsection is inoperative
3on and after July 1, 2021.
4    (c) Procurements made by or on behalf of public
5institutions of higher education for the fulfillment of a
6grant shall be made in accordance with the requirements of
7this Code to the extent practical.
8    Upon the written request of a public institution of higher
9education, the Chief Procurement Officer may waive contract,
10registration, certification, and hearing requirements of this
11Code if, based on the item to be procured or the terms of a
12grant, compliance is impractical. The public institution of
13higher education shall provide the Chief Procurement Officer
14with specific reasons for the waiver, including the necessity
15of contracting with a particular potential contractor, and
16shall certify that an effort was made in good faith to comply
17with the provisions of this Code. The Chief Procurement
18Officer shall provide written justification for any waivers.
19By November 1 of each year, the Chief Procurement Officer
20shall file a report with the General Assembly identifying each
21contract approved with waivers and providing the justification
22given for any waivers for each of those contracts. Notice of
23each waiver made under this subsection shall be published in
24the Procurement Bulletin within 14 calendar days after
25contract execution. The Chief Procurement Officer shall
26prescribe the form and content of the notice.

 

 

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

 

 

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

 

 

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

 

 

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1that is enacted by the 100th General Assembly.
2    In this amendatory Act of the 100th General Assembly, the
3base text of the reenacted Section is set forth as amended by
4Public Act 98-1076. Striking and underscoring is used only to
5show changes being made to the base text.
6    This Section applies to all procurements made on or before
7the effective date of this amendatory Act of the 100th General
8Assembly.
9(Source: P.A. 100-43, eff. 8-9-17; 101-640, eff. 6-12-20.)
 
10    (30 ILCS 500/1-15.93)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 1-15.93. Single prime. "Single prime" means the
13design-bid-build procurement delivery method for a building
14construction project in which the Capital Development Board is
15the construction agency procuring 2 or more subdivisions of
16work enumerated in paragraphs (1) through (5) of subsection
17(a) of Section 30-30 of this Code under a single contract. This
18Section is repealed on January 1, 2024 2022.
19(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20.)
 
20    (30 ILCS 500/20-20)
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 $100,000, or any individual

 

 

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1procurement of professional or artistic services not exceeding
2$100,000 may be made without competitive source selection.
3Procurements shall not be artificially divided so as to
4constitute a small purchase under this Section. Any
5procurement of construction not exceeding $100,000 may be made
6by an alternative competitive source selection. The
7construction agency shall establish rules for an alternative
8competitive source selection process. This Section does not
9apply to construction-related professional services contracts
10awarded in accordance with the provisions of the
11Architectural, Engineering, and Land Surveying Qualifications
12Based Selection Act.
13    (b) Adjustment. Each July 1, the small purchase maximum
14established in subsection (a) shall be adjusted for inflation
15as determined by the Consumer Price Index for All Urban
16Consumers as determined by the United States Department of
17Labor and rounded to the nearest $100.
18    (c) Based upon rules proposed by the Board and rules
19promulgated by the chief procurement officers, the small
20purchase maximum established in subsection (a) may be
21modified.
22    (d) Certification. All small purchases with an annual
23value of more than $50,000 shall be accompanied by Standard
24Illinois Certifications in a form prescribed by each Chief
25Procurement Officer.
26(Source: P.A. 100-43, eff. 8-9-17.)
 

 

 

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1    (30 ILCS 500/20-60)
2    (Text of Section before amendment by P.A. 101-657, Article
340, Section 40-125)
4    Sec. 20-60. Duration of contracts.
5    (a) Maximum duration. A contract may be entered into for
6any period of time deemed to be in the best interests of the
7State but not exceeding 10 years inclusive, beginning January
81, 2010, of proposed contract renewals. Third parties may
9lease State-owned dark fiber networks for any period of time
10deemed to be in the best interest of the State, but not
11exceeding 20 years. The length of a lease for real property or
12capital improvements shall be in accordance with the
13provisions of Section 40-25. The length of energy conservation
14program contracts or energy savings contracts or leases shall
15be in accordance with the provisions of Section 25-45. A
16contract for bond or mortgage insurance awarded by the
17Illinois Housing Development Authority, however, may be
18entered into for any period of time less than or equal to the
19maximum period of time that the subject bond or mortgage may
20remain outstanding.
21    (b) Subject to appropriation. All contracts made or
22entered into shall recite that they are subject to termination
23and cancellation in any year for which the General Assembly
24fails to make an appropriation to make payments under the
25terms of the contract.

 

 

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1    (c) The chief procurement officer shall file a proposed
2extension or renewal of a contract with the Procurement Policy
3Board prior to entering into any extension or renewal if the
4cost associated with the extension or renewal exceeds
5$249,999. The Procurement Policy Board may object to the
6proposed extension or renewal within 30 calendar days and
7require a hearing before the Board prior to entering into the
8extension or renewal. If the Procurement Policy Board does not
9object within 30 calendar days or takes affirmative action to
10recommend the extension or renewal, the chief procurement
11officer may enter into the extension or renewal of a contract.
12This subsection does not apply to any emergency procurement,
13any procurement under Article 40, or any procurement exempted
14by Section 1-10(b) of this Code. If any State agency contract
15is paid for in whole or in part with federal-aid funds, grants,
16or loans and the provisions of this subsection would result in
17the loss of those federal-aid funds, grants, or loans, then
18the contract is exempt from the provisions of this subsection
19in order to remain eligible for those federal-aid funds,
20grants, or loans, and the State agency shall file notice of
21this exemption with the Procurement Policy Board prior to
22entering into the proposed extension or renewal. Nothing in
23this subsection permits a chief procurement officer to enter
24into an extension or renewal in violation of subsection (a).
25By August 1 each year, the Procurement Policy Board shall file
26a report with the General Assembly identifying for the

 

 

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1previous fiscal year (i) the proposed extensions or renewals
2that were filed with the Board and whether the Board objected
3and (ii) the contracts exempt from this subsection.
4    (d) Notwithstanding the provisions of subsection (a) of
5this Section, the Department of Innovation and Technology may
6enter into leases for dark fiber networks for any period of
7time deemed to be in the best interests of the State but not
8exceeding 20 years inclusive. The Department of Innovation and
9Technology may lease dark fiber networks from third parties
10only for the primary purpose of providing services (i) to the
11offices of Governor, Lieutenant Governor, Attorney General,
12Secretary of State, Comptroller, or Treasurer and State
13agencies, as defined under Section 5-15 of the Civil
14Administrative Code of Illinois or (ii) for anchor
15institutions, as defined in Section 7 of the Illinois Century
16Network Act. Dark fiber network lease contracts shall be
17subject to all other provisions of this Code and any
18applicable rules or requirements, including, but not limited
19to, publication of lease solicitations, use of standard State
20contracting terms and conditions, and approval of vendor
21certifications and financial disclosures.
22    (e) As used in this Section, "dark fiber network" means a
23network of fiber optic cables laid but currently unused by a
24third party that the third party is leasing for use as network
25infrastructure.
26    (f) No vendor shall be eligible for renewal of a contract

 

 

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1when that vendor has failed to meet the goals agreed to in the
2vendor's utilization plan unless the State agency or public
3institution of higher education has determined that the vendor
4made good faith efforts toward meeting the contract goals and
5has issued a waiver or that vendor is not otherwise excused
6from compliance by the chief procurement officer in
7consultation with the purchasing State agency. The form and
8content of the waiver shall be prescribed by each chief
9procurement officer, but shall not impair the State agency or
10public institutions of higher education determination to
11execute the renewal. The chief procurement officer shall post
12the completed form on his or her official website within 5
13business days after receipt from the State agency or public
14institution of higher education. The chief procurement officer
15who shall maintain on his or her official website a database of
16waivers granted under this Section with respect to contracts
17under his or her jurisdiction. The database shall be updated
18periodically and shall be searchable by contractor name and by
19contracting State agency or public institution of higher
20education.
21(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
22101-81, eff. 7-12-19; 101-657, Article 5, Section 5-5, eff.
233-23-21.)
 
24    (Text of Section after amendment by P.A. 101-657, Article
2540, Section 40-125)

 

 

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1    Sec. 20-60. Duration of contracts.
2    (a) Maximum duration. A contract may be entered into for
3any period of time deemed to be in the best interests of the
4State but not exceeding 10 years inclusive, beginning January
51, 2010, of proposed contract renewals. Third parties may
6lease State-owned dark fiber networks for any period of time
7deemed to be in the best interest of the State, but not
8exceeding 20 years. The length of a lease for real property or
9capital improvements shall be in accordance with the
10provisions of Section 40-25. The length of energy conservation
11program contracts or energy savings contracts or leases shall
12be in accordance with the provisions of Section 25-45. A
13contract for bond or mortgage insurance awarded by the
14Illinois Housing Development Authority, however, may be
15entered into for any period of time less than or equal to the
16maximum period of time that the subject bond or mortgage may
17remain outstanding.
18    (b) Subject to appropriation. All contracts made or
19entered into shall recite that they are subject to termination
20and cancellation in any year for which the General Assembly
21fails to make an appropriation to make payments under the
22terms of the contract.
23    (c) The chief procurement officer shall file a proposed
24extension or renewal of a contract with the Procurement Policy
25Board and the Commission on Equity and Inclusion prior to
26entering into any extension or renewal if the cost associated

 

 

10200HB2567sam002- 30 -LRB102 13430 RJF 27383 a

1with the extension or renewal exceeds $249,999. The
2Procurement Policy Board or the Commission on Equity and
3Inclusion may object to the proposed extension or renewal
4within 30 calendar days and require a hearing before the Board
5or the Commission on Equity and Inclusion prior to entering
6into the extension or renewal. If the Procurement Policy Board
7or the Commission on Equity and Inclusion does not object
8within 30 calendar days or takes affirmative action to
9recommend the extension or renewal, the chief procurement
10officer may enter into the extension or renewal of a contract.
11This subsection does not apply to any emergency procurement,
12any procurement under Article 40, or any procurement exempted
13by Section 1-10(b) of this Code. If any State agency contract
14is paid for in whole or in part with federal-aid funds, grants,
15or loans and the provisions of this subsection would result in
16the loss of those federal-aid funds, grants, or loans, then
17the contract is exempt from the provisions of this subsection
18in order to remain eligible for those federal-aid funds,
19grants, or loans, and the State agency shall file notice of
20this exemption with the Procurement Policy Board or the
21Commission on Equity and Inclusion prior to entering into the
22proposed extension or renewal. Nothing in this subsection
23permits a chief procurement officer to enter into an extension
24or renewal in violation of subsection (a). By August 1 each
25year, the Procurement Policy Board and the Commission on
26Equity and Inclusion shall each file a report with the General

 

 

10200HB2567sam002- 31 -LRB102 13430 RJF 27383 a

1Assembly identifying for the previous fiscal year (i) the
2proposed extensions or renewals that were filed and whether
3such extensions and renewals were objected to and (ii) the
4contracts exempt from this subsection.
5    (d) Notwithstanding the provisions of subsection (a) of
6this Section, the Department of Innovation and Technology may
7enter into leases for dark fiber networks for any period of
8time deemed to be in the best interests of the State but not
9exceeding 20 years inclusive. The Department of Innovation and
10Technology may lease dark fiber networks from third parties
11only for the primary purpose of providing services (i) to the
12offices of Governor, Lieutenant Governor, Attorney General,
13Secretary of State, Comptroller, or Treasurer and State
14agencies, as defined under Section 5-15 of the Civil
15Administrative Code of Illinois or (ii) for anchor
16institutions, as defined in Section 7 of the Illinois Century
17Network Act. Dark fiber network lease contracts shall be
18subject to all other provisions of this Code and any
19applicable rules or requirements, including, but not limited
20to, publication of lease solicitations, use of standard State
21contracting terms and conditions, and approval of vendor
22certifications and financial disclosures.
23    (e) As used in this Section, "dark fiber network" means a
24network of fiber optic cables laid but currently unused by a
25third party that the third party is leasing for use as network
26infrastructure.

 

 

10200HB2567sam002- 32 -LRB102 13430 RJF 27383 a

1    (f) No vendor shall be eligible for renewal of a contract
2when that vendor has failed to meet the goals agreed to in the
3vendor's utilization plan unless the State agency or public
4institution of higher education has determined that the vendor
5made good faith efforts toward meeting the contract goals and
6has issued a waiver or that vendor is not otherwise excused
7from compliance by the chief procurement officer in
8consultation with the purchasing State agency. The form and
9content of the waiver shall be prescribed by each chief
10procurement officer, but shall not impair the State agency or
11public institution of higher education determination to
12execute the renewal. The chief procurement officer shall post
13the completed form on his or her official website within 5
14business days after receipt from the State agency or public
15institution of higher education. The chief procurement officer
16who shall maintain on his or her official website a database of
17waivers granted under this Section with respect to contracts
18under his or her jurisdiction. The database shall be updated
19periodically and shall be searchable by contractor name and by
20contracting State agency or public institution of higher
21education.
22(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
23101-81, eff. 7-12-19; 101-657, Article 5, Section 5-5, eff.
243-23-21; 101-657, Article 40, Section 40-125, eff. 1-1-22;
25revised 5-18-21.)
 

 

 

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1    (30 ILCS 500/30-30)
2    Sec. 30-30. Design-bid-build construction.
3    (a) The provisions of this subsection are operative
4through December 31, 2023 2021.
5    For building construction contracts in excess of $250,000,
6separate specifications may be prepared for all equipment,
7labor, and materials in connection with the following 5
8subdivisions of the work to be performed:
9        (1) plumbing;
10        (2) heating, piping, refrigeration, and automatic
11    temperature control systems, including the testing and
12    balancing of those systems;
13        (3) ventilating and distribution systems for
14    conditioned air, including the testing and balancing of
15    those systems;
16        (4) electric wiring; and
17        (5) general contract work.
18    The specifications may be so drawn as to permit separate
19and independent bidding upon each of the 5 subdivisions of
20work. All contracts awarded for any part thereof may award the
215 subdivisions of work separately to responsible and reliable
22persons, firms, or corporations engaged in these classes of
23work. The contracts, at the discretion of the construction
24agency, may be assigned to the successful bidder on the
25general contract work or to the successful bidder on the
26subdivision of work designated by the construction agency

 

 

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1before the bidding as the prime subdivision of work, provided
2that all payments will be made directly to the contractors for
3the 5 subdivisions of work upon compliance with the conditions
4of the contract.
5    Beginning on the effective date of this amendatory Act of
6the 101st General Assembly and through December 31, 2023 2020,
7for single prime projects: (i) the bid of the successful low
8bidder shall identify the name of the subcontractor, if any,
9and the bid proposal costs for each of the 5 subdivisions of
10work set forth in this Section; (ii) the contract entered into
11with the successful bidder shall provide that no identified
12subcontractor may be terminated without the written consent of
13the Capital Development Board; (iii) the contract shall comply
14with the disadvantaged business practices of the Business
15Enterprise for Minorities, Women, and Persons with
16Disabilities Act and the equal employment practices of Section
172-105 of the Illinois Human Rights Act; and (iv) the Capital
18Development Board shall submit an annual report to the General
19Assembly and Governor on the bidding, award, and performance
20of all single prime projects.
21    For building construction projects with a total
22construction cost valued at $5,000,000 or less, the Capital
23Development Board shall not use the single prime procurement
24delivery method for more than 50% of the total number of
25projects bid for each fiscal year. Any project with a total
26construction cost valued greater than $5,000,000 may be bid

 

 

10200HB2567sam002- 35 -LRB102 13430 RJF 27383 a

1using single prime at the discretion of the Executive Director
2of the Capital Development Board.
3    (b) The provisions of this subsection are operative on and
4after January 1, 2024 2022. For building construction
5contracts in excess of $250,000, separate specifications shall
6be prepared for all equipment, labor, and materials in
7connection with the following 5 subdivisions of the work to be
8performed:
9        (1) plumbing;
10        (2) heating, piping, refrigeration, and automatic
11    temperature control systems, including the testing and
12    balancing of those systems;
13        (3) ventilating and distribution systems for
14    conditioned air, including the testing and balancing of
15    those systems;
16        (4) electric wiring; and
17        (5) general contract work.
18    The specifications must be so drawn as to permit separate
19and independent bidding upon each of the 5 subdivisions of
20work. All contracts awarded for any part thereof shall award
21the 5 subdivisions of work separately to responsible and
22reliable persons, firms, or corporations engaged in these
23classes of work. The contracts, at the discretion of the
24construction agency, may be assigned to the successful bidder
25on the general contract work or to the successful bidder on the
26subdivision of work designated by the construction agency

 

 

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1before the bidding as the prime subdivision of work, provided
2that all payments will be made directly to the contractors for
3the 5 subdivisions of work upon compliance with the conditions
4of the contract.
5(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19;
6101-645, eff. 6-26-20.)
 
7    (30 ILCS 500/50-90 new)
8    Sec. 50-90. Certifications. All contracts under this Code
9with an annual value of more than $50,000 annually shall be
10accompanied by Standard Illinois Certifications in a form
11prescribed by each Chief Procurement Officer.
 
12    (30 ILCS 500/55-20)
13    Sec. 55-20. Contracts for food donation; food donation
14policy.
15    (a) After the effective date of this amendatory Act of the
1699th General Assembly, a public entity shall not enter into a
17contract to purchase food with a bidder or offeror if the
18bidder's or offeror's contract terms prohibit the public
19entity from donating food to food banks, including, but not
20limited to, homeless shelters, food pantries, and soup
21kitchens.
22    (b) Each State agency that purchases food through a
23contract procured in accordance with entering into or
24maintaining a contract for the purchase of food under this

 

 

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1Code shall adopt a policy that permits the donation of
2leftover food purchased with procured by State funds. The
3policy shall address any daily food operations run by the
4agency, including one-time events, and shall contain a list of
5nearby soup kitchens, food pantries, and other non-profit
6organizations where leftover food can be donated. Each State
7agency shall circulate its policy to all agency employees, and
8submit its food donation policy to the Department of Central
9Management Services on an annual basis beginning December 31,
102018.
11(Source: P.A. 99-552, eff. 7-15-16; 100-709, eff. 8-3-18.)
 
12    Section 15. The Design-Build Procurement Act is amended by
13changing Section 90 as follows:
 
14    (30 ILCS 537/90)
15    (Section scheduled to be repealed on July 1, 2022)
16    Sec. 90. Repealer. This Act is repealed on January 1, 2024
17July 1, 2022.
18(Source: P.A. 100-1189, eff. 4-5-19.)
 
19    Section 20. The Local Food, Farms, and Jobs Act is amended
20by changing Section 10 as follows:
 
21    (30 ILCS 595/10)
22    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 2020 2011 as the baseline; and (ii)
6tracking and reporting local farm or food products purchases
7on an annual basis.
8    (e) All State agencies and State-owned facilities that
9purchase food and food products shall publish on their
10applicable procurement bulletin their farm or food purchases
11for the recently completed fiscal year. The first published
12report shall be due no later than January 1, 2022 and represent
13fiscal year 2021 purchases. A report shall be due each January
141 thereafter and be published on a form prescribed by each
15applicable Chief Procurement Officer.
16(Source: P.A. 96-579, eff. 8-18-09.)
 
17    (30 ILCS 595/15 rep.)
18    (30 ILCS 595/20 rep.)
19    (30 ILCS 595/25 rep.)
20    Section 25. The Local Food, Farms, and Jobs Act is amended
21by repealing Sections 15, 20, and 25.
 
22    Section 30. The Illinois Human Rights Act is amended by
23changing Section 2-105 as follows:
 

 

 

10200HB2567sam002- 40 -LRB102 13430 RJF 27383 a

1    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
2    Sec. 2-105. Equal Employment Opportunities; Affirmative
3Action.
4    (A) Public Contracts. Every party to a public contract and
5every eligible bidder shall:
6        (1) Refrain from unlawful discrimination and
7    discrimination based on citizenship status in employment
8    and undertake affirmative action to assure equality of
9    employment opportunity and eliminate the effects of past
10    discrimination;
11        (2) Comply with the procedures and requirements of the
12    Department's regulations concerning equal employment
13    opportunities and affirmative action;
14        (3) Provide such information, with respect to its
15    employees and applicants for employment, and assistance as
16    the Department may reasonably request;
17        (4) Have written sexual harassment policies that shall
18    include, at a minimum, the following information: (i) the
19    illegality of sexual harassment; (ii) the definition of
20    sexual harassment under State law; (iii) a description of
21    sexual harassment, utilizing examples; (iv) the vendor's
22    internal complaint process including penalties; (v) the
23    legal recourse, investigative and complaint process
24    available through the Department and the Commission; (vi)
25    directions on how to contact the Department and
26    Commission; and (vii) protection against retaliation as

 

 

10200HB2567sam002- 41 -LRB102 13430 RJF 27383 a

1    provided by Section 6-101 of this Act. A copy of the
2    policies shall be provided to the Department upon request.
3    Additionally, each bidder who submits a bid or offer for a
4    State contract under the Illinois Procurement Code shall
5    have a written copy of the bidder's sexual harassment
6    policy as required under this paragraph (4). A copy of the
7    policy shall be provided to the State agency entering into
8    the contract upon request.
9    The Department, by rule, shall establish a reasonable
10opportunity to cure any noncompliance with this subsection by
11a bidder prior to the awarding of a contract.
12    (B) State Agencies. Every State executive department,
13State agency, board, commission, and instrumentality shall:
14        (1) Comply with the procedures and requirements of the
15    Department's regulations concerning equal employment
16    opportunities and affirmative action;
17        (2) Provide such information and assistance as the
18    Department may request.
19        (3) Establish, maintain, and carry out a continuing
20    affirmative action plan consistent with this Act and the
21    regulations of the Department designed to promote equal
22    opportunity for all State residents in every aspect of
23    agency personnel policy and practice. For purposes of
24    these affirmative action plans, the race and national
25    origin categories to be included in the plans are:
26    American Indian or Alaska Native, Asian, Black or African

 

 

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1    American, Hispanic or Latino, Native Hawaiian or Other
2    Pacific Islander.
3        This plan shall include a current detailed status
4    report:
5            (a) indicating, by each position in State service,
6        the number, percentage, and average salary of
7        individuals employed by race, national origin, sex and
8        disability, and any other category that the Department
9        may require by rule;
10            (b) identifying all positions in which the
11        percentage of the people employed by race, national
12        origin, sex and disability, and any other category
13        that the Department may require by rule, is less than
14        four-fifths of the percentage of each of those
15        components in the State work force;
16            (c) specifying the goals and methods for
17        increasing the percentage by race, national origin,
18        sex and disability, and any other category that the
19        Department may require by rule, in State positions;
20            (d) indicating progress and problems toward
21        meeting equal employment opportunity goals, including,
22        if applicable, but not limited to, Department of
23        Central Management Services recruitment efforts,
24        publicity, promotions, and use of options designating
25        positions by linguistic abilities;
26            (e) establishing a numerical hiring goal for the

 

 

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1        employment of qualified persons with disabilities in
2        the agency as a whole, to be based on the proportion of
3        people with work disabilities in the Illinois labor
4        force as reflected in the most recent employment data
5        made available by the United States Census Bureau.
6        (4) If the agency has 1000 or more employees, appoint
7    a full-time Equal Employment Opportunity officer, subject
8    to the Department's approval, whose duties shall include:
9            (a) Advising the head of the particular State
10        agency with respect to the preparation of equal
11        employment opportunity programs, procedures,
12        regulations, reports, and the agency's affirmative
13        action plan.
14            (b) Evaluating in writing each fiscal year the
15        sufficiency of the total agency program for equal
16        employment opportunity and reporting thereon to the
17        head of the agency with recommendations as to any
18        improvement or correction in recruiting, hiring or
19        promotion needed, including remedial or disciplinary
20        action with respect to managerial or supervisory
21        employees who have failed to cooperate fully or who
22        are in violation of the program.
23            (c) Making changes in recruitment, training and
24        promotion programs and in hiring and promotion
25        procedures designed to eliminate discriminatory
26        practices when authorized.

 

 

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1            (d) Evaluating tests, employment policies,
2        practices and qualifications and reporting to the head
3        of the agency and to the Department any policies,
4        practices and qualifications that have unequal impact
5        by race, national origin as required by Department
6        rule, sex or disability or any other category that the
7        Department may require by rule, and to assist in the
8        recruitment of people in underrepresented
9        classifications. This function shall be performed in
10        cooperation with the State Department of Central
11        Management Services.
12            (e) Making any aggrieved employee or applicant for
13        employment aware of his or her remedies under this
14        Act.
15            In any meeting, investigation, negotiation,
16        conference, or other proceeding between a State
17        employee and an Equal Employment Opportunity officer,
18        a State employee (1) who is not covered by a collective
19        bargaining agreement and (2) who is the complaining
20        party or the subject of such proceeding may be
21        accompanied, advised and represented by (1) an
22        attorney licensed to practice law in the State of
23        Illinois or (2) a representative of an employee
24        organization whose membership is composed of employees
25        of the State and of which the employee is a member. A
26        representative of an employee, other than an attorney,

 

 

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1        may observe but may not actively participate, or
2        advise the State employee during the course of such
3        meeting, investigation, negotiation, conference or
4        other proceeding. Nothing in this Section shall be
5        construed to permit any person who is not licensed to
6        practice law in Illinois to deliver any legal services
7        or otherwise engage in any activities that would
8        constitute the unauthorized practice of law. Any
9        representative of an employee who is present with the
10        consent of the employee, shall not, during or after
11        termination of the relationship permitted by this
12        Section with the State employee, use or reveal any
13        information obtained during the course of the meeting,
14        investigation, negotiation, conference or other
15        proceeding without the consent of the complaining
16        party and any State employee who is the subject of the
17        proceeding and pursuant to rules and regulations
18        governing confidentiality of such information as
19        promulgated by the appropriate State agency.
20        Intentional or reckless disclosure of information in
21        violation of these confidentiality requirements shall
22        constitute a Class B misdemeanor.
23        (5) Establish, maintain and carry out a continuing
24    sexual harassment program that shall include the
25    following:
26            (a) Develop a written sexual harassment policy

 

 

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1        that includes at a minimum the following information:
2        (i) the illegality of sexual harassment; (ii) the
3        definition of sexual harassment under State law; (iii)
4        a description of sexual harassment, utilizing
5        examples; (iv) the agency's internal complaint process
6        including penalties; (v) the legal recourse,
7        investigative and complaint process available through
8        the Department and the Commission; (vi) directions on
9        how to contact the Department and Commission; and
10        (vii) protection against retaliation as provided by
11        Section 6-101 of this Act. The policy shall be
12        reviewed annually.
13            (b) Post in a prominent and accessible location
14        and distribute in a manner to assure notice to all
15        agency employees without exception the agency's sexual
16        harassment policy. Such documents may meet, but shall
17        not exceed, the 6th grade literacy level. Distribution
18        shall be effectuated within 90 days of the effective
19        date of this amendatory Act of 1992 and shall occur
20        annually thereafter.
21            (c) Provide training on sexual harassment
22        prevention and the agency's sexual harassment policy
23        as a component of all ongoing or new employee training
24        programs.
25        (6) Notify the Department 30 days before effecting any
26    layoff. Once notice is given, the following shall occur:

 

 

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1            (a) No layoff may be effective earlier than 10
2        working days after notice to the Department, unless an
3        emergency layoff situation exists.
4            (b) The State executive department, State agency,
5        board, commission, or instrumentality in which the
6        layoffs are to occur must notify each employee
7        targeted for layoff, the employee's union
8        representative (if applicable), and the State
9        Dislocated Worker Unit at the Department of Commerce
10        and Economic Opportunity.
11            (c) The State executive department, State agency,
12        board, commission, or instrumentality in which the
13        layoffs are to occur must conform to applicable
14        collective bargaining agreements.
15            (d) The State executive department, State agency,
16        board, commission, or instrumentality in which the
17        layoffs are to occur should notify each employee
18        targeted for layoff that transitional assistance may
19        be available to him or her under the Economic
20        Dislocation and Worker Adjustment Assistance Act
21        administered by the Department of Commerce and
22        Economic Opportunity. Failure to give such notice
23        shall not invalidate the layoff or postpone its
24        effective date.
25     As used in this subsection (B), "disability" shall be
26defined in rules promulgated under the Illinois Administrative

 

 

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1Procedure Act.
2    (C) Civil Rights Violations. It is a civil rights
3violation for any public contractor or eligible bidder to:
4        (1) fail to comply with the public contractor's or
5    eligible bidder's duty to refrain from unlawful
6    discrimination and discrimination based on citizenship
7    status in employment under subsection (A)(1) of this
8    Section; or
9        (2) fail to comply with the public contractor's or
10    eligible bidder's duties of affirmative action under
11    subsection (A) of this Section, provided however, that the
12    Department has notified the public contractor or eligible
13    bidder in writing by certified mail that the public
14    contractor or eligible bidder may not be in compliance
15    with affirmative action requirements of subsection (A). A
16    minimum of 60 days to comply with the requirements shall
17    be afforded to the public contractor or eligible bidder
18    before the Department may issue formal notice of
19    non-compliance.
20    (D) As used in this Section:
21        (1) "American Indian or Alaska Native" means a person
22    having origins in any of the original peoples of North and
23    South America, including Central America, and who
24    maintains tribal affiliation or community attachment.
25        (2) "Asian" means a person having origins in any of
26    the original peoples of the Far East, Southeast Asia, or

 

 

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1    the Indian subcontinent, including, but not limited to,
2    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
3    the Philippine Islands, Thailand, and Vietnam.
4        (3) "Black or African American" means a person having
5    origins in any of the black racial groups of Africa. Terms
6    such as "Haitian" or "Negro" can be used in addition to
7    "Black or African American".
8        (4) "Hispanic or Latino" means a person of Cuban,
9    Mexican, Puerto Rican, South or Central American, or other
10    Spanish culture or origin, regardless of race.
11        (5) "Native Hawaiian or Other Pacific Islander" means
12    a person having origins in any of the original peoples of
13    Hawaii, Guam, Samoa, or other Pacific Islands.
14(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".