Sen. Cristina Castro
Filed: 4/10/2024
 
 

 
 

 
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1
AMENDMENT TO SENATE BILL 3907 

2    AMENDMENT NO. ______. Amend Senate Bill 3907 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by 
5changing Section 1-10 as follows:
 
6    (30 ILCS 500/1-10)
7    Sec. 1-10. Application. 
8    (a) This Code applies only to procurements for which 
9bidders, offerors, potential contractors, or contractors were 
10first solicited on or after July 1, 1998. This Code shall not 
11be construed to affect or impair any contract, or any 
12provision of a contract, entered into based on a solicitation 
13prior to the implementation date of this Code as described in 
14Article 99, including, but not limited to, any covenant 
15entered into with respect to any revenue bonds or similar 
16instruments. All procurements for which contracts are 
 
 
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1solicited between the effective date of Articles 50 and 99 and 
2July 1, 1998 shall be substantially in accordance with this 
3Code and its intent.
4    (b) This Code shall apply regardless of the source of the 
5funds with which the contracts are paid, including federal 
6assistance moneys. This Code shall not apply to:
7        (1) Contracts between the State and its political 
8    subdivisions or other governments, or between State 
9    governmental bodies, except as specifically provided in 
10    this Code.
11        (2) Grants, except for the filing requirements of 
12    Section 20-80.
13        (3) Purchase of care, except as provided in Section 
14    5-30.6 of the Illinois Public Aid Code and this Section.
15        (4) Hiring of an individual as an employee and not as 
16    an independent contractor, whether pursuant to an 
17    employment code or policy or by contract directly with 
18    that individual.
19        (5) Collective bargaining contracts.
20        (6) Purchase of real estate, except that notice of 
21    this type of contract with a value of more than $25,000 
22    must be published in the Procurement Bulletin within 10 
23    calendar days after the deed is recorded in the county of 
24    jurisdiction. The notice shall identify the real estate 
25    purchased, the names of all parties to the contract, the 
26    value of the contract, and the effective date of the 
 
 
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1    contract.
2        (7) Contracts necessary to prepare for anticipated 
3    litigation, enforcement actions, or investigations, 
4    provided that the chief legal counsel to the Governor 
5    shall give his or her prior approval when the procuring 
6    agency is one subject to the jurisdiction of the Governor, 
7    and provided that the chief legal counsel of any other 
8    procuring entity subject to this Code shall give his or 
9    her prior approval when the procuring entity is not one 
10    subject to the jurisdiction of the Governor.
11        (8) (Blank).
12        (9) Procurement expenditures by the Illinois 
13    Conservation Foundation when only private funds are used.
14        (10) (Blank). 
15        (11) Public-private agreements entered into according 
16    to the procurement requirements of Section 20 of the 
17    Public-Private Partnerships for Transportation Act and 
18    design-build agreements entered into according to the 
19    procurement requirements of Section 25 of the 
20    Public-Private Partnerships for Transportation Act.
21        (12) (A) Contracts for legal, financial, and other 
22    professional and artistic services entered into by the 
23    Illinois Finance Authority in which the State of Illinois 
24    is not obligated. Such contracts shall be awarded through 
25    a competitive process authorized by the members of the 
26    Illinois Finance Authority and are subject to Sections 
 
 
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1    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
2    as well as the final approval by the members of the 
3    Illinois Finance Authority of the terms of the contract.
4        (B) Contracts for legal and financial services entered 
5    into by the Illinois Housing Development Authority in 
6    connection with the issuance of bonds in which the State 
7    of Illinois is not obligated. Such contracts shall be 
8    awarded through a competitive process authorized by the 
9    members of the Illinois Housing Development Authority and 
10    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
11    and 50-37 of this Code, as well as the final approval by 
12    the members of the Illinois Housing Development Authority 
13    of the terms of the contract. 
14        (C) Contracts for bond underwriting services entered 
15    into by the Illinois State Toll Highway Authority in 
16    connection with the issuance of bonds in which the State 
17    is not obligated. Such contracts shall be awarded through 
18    a competitive process authorized by the members of the 
19    Illinois State Toll Highway Authority and are subject to 
20    Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of 
21    this Code as well as the final approval by the members of 
22    the Illinois State Toll Highway Authority of the terms of 
23    the contract. 
24        (13) Contracts for services, commodities, and 
25    equipment to support the delivery of timely forensic 
26    science services in consultation with and subject to the 
 
 
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1    approval of the Chief Procurement Officer as provided in 
2    subsection (d) of Section 5-4-3a of the Unified Code of 
3    Corrections, except for the requirements of Sections 
4    20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
5    Code; however, the Chief Procurement Officer may, in 
6    writing with justification, waive any certification 
7    required under Article 50 of this Code. For any contracts 
8    for services which are currently provided by members of a 
9    collective bargaining agreement, the applicable terms of 
10    the collective bargaining agreement concerning 
11    subcontracting shall be followed.
12        On and after January 1, 2019, this paragraph (13), 
13    except for this sentence, is inoperative. 
14        (14) Contracts for participation expenditures required 
15    by a domestic or international trade show or exhibition of 
16    an exhibitor, member, or sponsor.
17        (15) Contracts with a railroad or utility that 
18    requires the State to reimburse the railroad or utilities 
19    for the relocation of utilities for construction or other 
20    public purpose. Contracts included within this paragraph 
21    (15) shall include, but not be limited to, those 
22    associated with: relocations, crossings, installations, 
23    and maintenance. For the purposes of this paragraph (15), 
24    "railroad" means any form of non-highway ground 
25    transportation that runs on rails or electromagnetic 
26    guideways and "utility" means: (1) public utilities as 
 
 
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1    defined in Section 3-105 of the Public Utilities Act, (2) 
2    telecommunications carriers as defined in Section 13-202 
3    of the Public Utilities Act, (3) electric cooperatives as 
4    defined in Section 3.4 of the Electric Supplier Act, (4) 
5    telephone or telecommunications cooperatives as defined in 
6    Section 13-212 of the Public Utilities Act, (5) rural 
7    water or waste water systems with 10,000 connections or 
8    less, (6) a holder as defined in Section 21-201 of the 
9    Public Utilities Act, and (7) municipalities owning or 
10    operating utility systems consisting of public utilities 
11    as that term is defined in Section 11-117-2 of the 
12    Illinois Municipal Code. 
13        (16) Procurement expenditures necessary for the 
14    Department of Public Health to provide the delivery of 
15    timely newborn screening services in accordance with the 
16    Newborn Metabolic Screening Act. 
17        (17) Procurement expenditures necessary for the 
18    Department of Agriculture, the Department of Financial and 
19    Professional Regulation, the Department of Human Services, 
20    and the Department of Public Health to implement the 
21    Compassionate Use of Medical Cannabis Program and Opioid 
22    Alternative Pilot Program requirements and ensure access 
23    to medical cannabis for patients with debilitating medical 
24    conditions in accordance with the Compassionate Use of 
25    Medical Cannabis Program Act.
26        (18) This Code does not apply to any procurements 
 
 
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1    necessary for the Department of Agriculture, the 
2    Department of Financial and Professional Regulation, the 
3    Department of Human Services, the Department of Commerce 
4    and Economic Opportunity, and the Department of Public 
5    Health to implement the Cannabis Regulation and Tax Act if 
6    the applicable agency has made a good faith determination 
7    that it is necessary and appropriate for the expenditure 
8    to fall within this exemption and if the process is 
9    conducted in a manner substantially in accordance with the 
10    requirements of Sections 20-160, 25-60, 30-22, 50-5, 
11    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
12    50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
13    Section 50-35, compliance applies only to contracts or 
14    subcontracts over $100,000. Notice of each contract 
15    entered into under this paragraph (18) that is related to 
16    the procurement of goods and services identified in 
17    paragraph (1) through (9) of this subsection shall be 
18    published in the Procurement Bulletin within 14 calendar 
19    days after contract execution. The Chief Procurement 
20    Officer shall prescribe the form and content of the 
21    notice. Each agency shall provide the Chief Procurement 
22    Officer, on a monthly basis, in the form and content 
23    prescribed by the Chief Procurement Officer, a report of 
24    contracts that are related to the procurement of goods and 
25    services identified in this subsection. At a minimum, this 
26    report shall include the name of the contractor, a 
 
 
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1    description of the supply or service provided, the total 
2    amount of the contract, the term of the contract, and the 
3    exception to this Code utilized. A copy of any or all of 
4    these contracts shall be made available to the Chief 
5    Procurement Officer immediately upon request. The Chief 
6    Procurement Officer shall submit a report to the Governor 
7    and General Assembly no later than November 1 of each year 
8    that includes, at a minimum, an annual summary of the 
9    monthly information reported to the Chief Procurement 
10    Officer. This exemption becomes inoperative 5 years after 
11    June 25, 2019 (the effective date of Public Act 101-27).
12        (19) Acquisition of modifications or adjustments, 
13    limited to assistive technology devices and assistive 
14    technology services, adaptive equipment, repairs, and 
15    replacement parts to provide reasonable accommodations (i) 
16    that enable a qualified applicant with a disability to 
17    complete the job application process and be considered for 
18    the position such qualified applicant desires, (ii) that 
19    modify or adjust the work environment to enable a 
20    qualified current employee with a disability to perform 
21    the essential functions of the position held by that 
22    employee, (iii) to enable a qualified current employee 
23    with a disability to enjoy equal benefits and privileges 
24    of employment as are enjoyed by other similarly situated 
25    employees without disabilities, and (iv) that allow a 
26    customer, client, claimant, or member of the public 
 
 
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1    seeking State services full use and enjoyment of and 
2    access to its programs, services, or benefits. 
3        For purposes of this paragraph (19):
4        "Assistive technology devices" means any item, piece 
5    of equipment, or product system, whether acquired 
6    commercially off the shelf, modified, or customized, that 
7    is used to increase, maintain, or improve functional 
8    capabilities of individuals with disabilities.
9        "Assistive technology services" means any service that 
10    directly assists an individual with a disability in 
11    selection, acquisition, or use of an assistive technology 
12    device.
13        "Qualified" has the same meaning and use as provided 
14    under the federal Americans with Disabilities Act when 
15    describing an individual with a disability. 
16        (20) Procurement expenditures necessary for the 
17    Illinois Commerce Commission to hire third-party 
18    facilitators pursuant to Sections 16-105.17 and 16-108.18 
19    of the Public Utilities Act or an ombudsman pursuant to 
20    Section 16-107.5 of the Public Utilities Act, a 
21    facilitator pursuant to Section 16-105.17 of the Public 
22    Utilities Act, or a grid auditor pursuant to Section 
23    16-105.10 of the Public Utilities Act. 
24        (21) Procurement expenditures for the purchase, 
25    renewal, and expansion of software, software licenses, or 
26    software maintenance agreements that support the efforts 
 
 
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1    of the Illinois State Police to enforce, regulate, and 
2    administer the Firearm Owners Identification Card Act, the 
3    Firearm Concealed Carry Act, the Firearms Restraining 
4    Order Act, the Firearm Dealer License Certification Act, 
5    the Law Enforcement Agencies Data System (LEADS), the 
6    Uniform Crime Reporting Act, the Criminal Identification 
7    Act, the Illinois Uniform Conviction Information Act, and 
8    the Gun Trafficking Information Act, or establish or 
9    maintain record management systems necessary to conduct 
10    human trafficking investigations or gun trafficking or 
11    other stolen firearm investigations. This paragraph (21) 
12    applies to contracts entered into on or after January 10, 
13    2023 (the effective date of Public Act 102-1116) and the 
14    renewal of contracts that are in effect on January 10, 
15    2023 (the effective date of Public Act 102-1116). 
16        (22) Contracts for project management services and 
17    system integration services required for the completion of 
18    the State's enterprise resource planning project. This 
19    exemption becomes inoperative 5 years after June 7, 2023 
20    (the effective date of the changes made to this Section by 
21    Public Act 103-8). This paragraph (22) applies to 
22    contracts entered into on or after June 7, 2023 (the 
23    effective date of the changes made to this Section by 
24    Public Act 103-8) and the renewal of contracts that are in 
25    effect on June 7, 2023 (the effective date of the changes 
26    made to this Section by Public Act 103-8). 
 
 
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1        (23) Procurements necessary for the Department of 
2    Insurance to implement the Illinois Health Benefits 
3    Exchange Law if the Department of Insurance has made a 
4    good faith determination that it is necessary and 
5    appropriate for the expenditure to fall within this 
6    exemption. The procurement process shall be conducted in a 
7    manner substantially in accordance with the requirements 
8    of Sections 20-160 and 25-60 and Article 50 of this Code. A 
9    copy of these contracts shall be made available to the 
10    Chief Procurement Officer immediately upon request. This 
11    paragraph is inoperative 5 years after June 27, 2023 (the 
12    effective date of Public Act 103-103). 
13        (24) (22) Contracts for public education programming, 
14    noncommercial sustaining announcements, public service 
15    announcements, and public awareness and education 
16    messaging with the nonprofit trade associations of the 
17    providers of those services that inform the public on 
18    immediate and ongoing health and safety risks and hazards. 
19    Notwithstanding any other provision of law, for contracts 
20with an annual value of more than $100,000 entered into on or 
21after October 1, 2017 under an exemption provided in any 
22paragraph of this subsection (b), except paragraph (1), (2), 
23or (5), each State agency shall post to the appropriate 
24procurement bulletin the name of the contractor, a description 
25of the supply or service provided, the total amount of the 
26contract, the term of the contract, and the exception to the 
 
 
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1Code utilized. The chief procurement officer shall submit a 
2report to the Governor and General Assembly no later than 
3November 1 of each year that shall include, at a minimum, an 
4annual summary of the monthly information reported to the 
5chief procurement officer. 
6    (c) This Code does not apply to the electric power 
7procurement process provided for under Section 1-75 of the 
8Illinois Power Agency Act and Section 16-111.5 of the Public 
9Utilities Act. This Code does not apply to the procurement of 
10technical and policy experts pursuant to Section 1-129 of the 
11Illinois Power Agency Act. 
12    (d) Except for Section 20-160 and Article 50 of this Code, 
13and as expressly required by Section 9.1 of the Illinois 
14Lottery Law, the provisions of this Code do not apply to the 
15procurement process provided for under Section 9.1 of the 
16Illinois Lottery Law. 
17    (e) This Code does not apply to the process used by the 
18Capital Development Board to retain a person or entity to 
19assist the Capital Development Board with its duties related 
20to the determination of costs of a clean coal SNG brownfield 
21facility, as defined by Section 1-10 of the Illinois Power 
22Agency Act, as required in subsection (h-3) of Section 9-220 
23of the Public Utilities Act, including calculating the range 
24of capital costs, the range of operating and maintenance 
25costs, or the sequestration costs or monitoring the 
26construction of clean coal SNG brownfield facility for the 
 
 
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1full duration of construction.
2    (f) (Blank). 
3    (g) (Blank).
4    (h) This Code does not apply to the process to procure or 
5contracts entered into in accordance with Sections 11-5.2 and 
611-5.3 of the Illinois Public Aid Code. 
7    (i) Each chief procurement officer may access records 
8necessary to review whether a contract, purchase, or other 
9expenditure is or is not subject to the provisions of this 
10Code, unless such records would be subject to attorney-client 
11privilege. 
12    (j) This Code does not apply to the process used by the 
13Capital Development Board to retain an artist or work or works 
14of art as required in Section 14 of the Capital Development 
15Board Act. 
16    (k) This Code does not apply to the process to procure 
17contracts, or contracts entered into, by the State Board of 
18Elections or the State Electoral Board for hearing officers 
19appointed pursuant to the Election Code. 
20    (l) This Code does not apply to the processes used by the 
21Illinois Student Assistance Commission to procure supplies and 
22services paid for from the private funds of the Illinois 
23Prepaid Tuition Fund. As used in this subsection (l), "private 
24funds" means funds derived from deposits paid into the 
25Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
26    (m) This Code shall apply regardless of the source of 
 
 
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1funds with which contracts are paid, including federal 
2assistance moneys. Except as specifically provided in this 
3Code, this Code shall not apply to procurement expenditures 
4necessary for the Department of Public Health to conduct the 
5Healthy Illinois Survey in accordance with Section 2310-431 of 
6the Department of Public Health Powers and Duties Law of the 
7Civil Administrative Code of Illinois. 
8(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 
9102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 
109-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
11102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 
126-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised 
131-2-24.)".