Illinois General Assembly - Full Text of SB3587
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Full Text of SB3587  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/9/2024, by Sen. Christopher Belt


30 ILCS 500/1-10

    Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurement expenditures by the State Board of Education related to media marketing campaigns, one-year sole sources, and emergency purchases.

LRB103 39414 MXP 69597 b





SB3587LRB103 39414 MXP 69597 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The 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
17solicited between the effective date of Articles 50 and 99 and
18July 1, 1998 shall be substantially in accordance with this
19Code and its intent.
20    (b) This Code shall apply regardless of the source of the
21funds with which the contracts are paid, including federal
22assistance moneys. This Code shall not apply to:
23        (1) Contracts between the State and its political



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1    subdivisions or other governments, or between State
2    governmental bodies, except as specifically provided in
3    this Code.
4        (2) Grants, except for the filing requirements of
5    Section 20-80.
6        (3) Purchase of care, except as provided in Section
7    5-30.6 of the Illinois Public Aid Code and this Section.
8        (4) Hiring of an individual as an employee and not as
9    an independent contractor, whether pursuant to an
10    employment code or policy or by contract directly with
11    that individual.
12        (5) Collective bargaining contracts.
13        (6) Purchase of real estate, except that notice of
14    this type of contract with a value of more than $25,000
15    must be published in the Procurement Bulletin within 10
16    calendar days after the deed is recorded in the county of
17    jurisdiction. The notice shall identify the real estate
18    purchased, the names of all parties to the contract, the
19    value of the contract, and the effective date of the
20    contract.
21        (7) Contracts necessary to prepare for anticipated
22    litigation, enforcement actions, or investigations,
23    provided that the chief legal counsel to the Governor
24    shall give his or her prior approval when the procuring
25    agency is one subject to the jurisdiction of the Governor,
26    and provided that the chief legal counsel of any other



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



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1    awarded through a competitive process authorized by the
2    members of the Illinois Housing Development Authority and
3    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
4    and 50-37 of this Code, as well as the final approval by
5    the members of the Illinois Housing Development Authority
6    of the terms of the contract.
7        (13) Contracts for services, commodities, and
8    equipment to support the delivery of timely forensic
9    science services in consultation with and subject to the
10    approval of the Chief Procurement Officer as provided in
11    subsection (d) of Section 5-4-3a of the Unified Code of
12    Corrections, except for the requirements of Sections
13    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
14    Code; however, the Chief Procurement Officer may, in
15    writing with justification, waive any certification
16    required under Article 50 of this Code. For any contracts
17    for services which are currently provided by members of a
18    collective bargaining agreement, the applicable terms of
19    the collective bargaining agreement concerning
20    subcontracting shall be followed.
21        On and after January 1, 2019, this paragraph (13),
22    except for this sentence, is inoperative.
23        (14) Contracts for participation expenditures required
24    by a domestic or international trade show or exhibition of
25    an exhibitor, member, or sponsor.
26        (15) Contracts with a railroad or utility that



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1    requires the State to reimburse the railroad or utilities
2    for the relocation of utilities for construction or other
3    public purpose. Contracts included within this paragraph
4    (15) shall include, but not be limited to, those
5    associated with: relocations, crossings, installations,
6    and maintenance. For the purposes of this paragraph (15),
7    "railroad" means any form of non-highway ground
8    transportation that runs on rails or electromagnetic
9    guideways and "utility" means: (1) public utilities as
10    defined in Section 3-105 of the Public Utilities Act, (2)
11    telecommunications carriers as defined in Section 13-202
12    of the Public Utilities Act, (3) electric cooperatives as
13    defined in Section 3.4 of the Electric Supplier Act, (4)
14    telephone or telecommunications cooperatives as defined in
15    Section 13-212 of the Public Utilities Act, (5) rural
16    water or waste water systems with 10,000 connections or
17    less, (6) a holder as defined in Section 21-201 of the
18    Public Utilities Act, and (7) municipalities owning or
19    operating utility systems consisting of public utilities
20    as that term is defined in Section 11-117-2 of the
21    Illinois Municipal Code.
22        (16) Procurement expenditures necessary for the
23    Department of Public Health to provide the delivery of
24    timely newborn screening services in accordance with the
25    Newborn Metabolic Screening Act.
26        (17) Procurement expenditures necessary for the



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



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1    published in the Procurement Bulletin within 14 calendar
2    days after contract execution. The Chief Procurement
3    Officer shall prescribe the form and content of the
4    notice. Each agency shall provide the Chief Procurement
5    Officer, on a monthly basis, in the form and content
6    prescribed by the Chief Procurement Officer, a report of
7    contracts that are related to the procurement of goods and
8    services identified in this subsection. At a minimum, this
9    report shall include the name of the contractor, a
10    description of the supply or service provided, the total
11    amount of the contract, the term of the contract, and the
12    exception to this Code utilized. A copy of any or all of
13    these contracts shall be made available to the Chief
14    Procurement Officer immediately upon request. The Chief
15    Procurement Officer shall submit a report to the Governor
16    and General Assembly no later than November 1 of each year
17    that includes, at a minimum, an annual summary of the
18    monthly information reported to the Chief Procurement
19    Officer. This exemption becomes inoperative 5 years after
20    June 25, 2019 (the effective date of Public Act 101-27).
21        (19) Acquisition of modifications or adjustments,
22    limited to assistive technology devices and assistive
23    technology services, adaptive equipment, repairs, and
24    replacement parts to provide reasonable accommodations (i)
25    that enable a qualified applicant with a disability to
26    complete the job application process and be considered for



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1    the position such qualified applicant desires, (ii) that
2    modify or adjust the work environment to enable a
3    qualified current employee with a disability to perform
4    the essential functions of the position held by that
5    employee, (iii) to enable a qualified current employee
6    with a disability to enjoy equal benefits and privileges
7    of employment as are enjoyed by other similarly situated
8    employees without disabilities, and (iv) that allow a
9    customer, client, claimant, or member of the public
10    seeking State services full use and enjoyment of and
11    access to its programs, services, or benefits.
12        For purposes of this paragraph (19):
13        "Assistive technology devices" means any item, piece
14    of equipment, or product system, whether acquired
15    commercially off the shelf, modified, or customized, that
16    is used to increase, maintain, or improve functional
17    capabilities of individuals with disabilities.
18        "Assistive technology services" means any service that
19    directly assists an individual with a disability in
20    selection, acquisition, or use of an assistive technology
21    device.
22        "Qualified" has the same meaning and use as provided
23    under the federal Americans with Disabilities Act when
24    describing an individual with a disability.
25        (20) Procurement expenditures necessary for the
26    Illinois Commerce Commission to hire third-party



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1    facilitators pursuant to Sections 16-105.17 and 16-108.18
2    of the Public Utilities Act or an ombudsman pursuant to
3    Section 16-107.5 of the Public Utilities Act, a
4    facilitator pursuant to Section 16-105.17 of the Public
5    Utilities Act, or a grid auditor pursuant to Section
6    16-105.10 of the Public Utilities Act.
7        (21) Procurement expenditures for the purchase,
8    renewal, and expansion of software, software licenses, or
9    software maintenance agreements that support the efforts
10    of the Illinois State Police to enforce, regulate, and
11    administer the Firearm Owners Identification Card Act, the
12    Firearm Concealed Carry Act, the Firearms Restraining
13    Order Act, the Firearm Dealer License Certification Act,
14    the Law Enforcement Agencies Data System (LEADS), the
15    Uniform Crime Reporting Act, the Criminal Identification
16    Act, the Illinois Uniform Conviction Information Act, and
17    the Gun Trafficking Information Act, or establish or
18    maintain record management systems necessary to conduct
19    human trafficking investigations or gun trafficking or
20    other stolen firearm investigations. This paragraph (21)
21    applies to contracts entered into on or after January 10,
22    2023 (the effective date of Public Act 102-1116) and the
23    renewal of contracts that are in effect on January 10,
24    2023 (the effective date of Public Act 102-1116).
25        (22) Contracts for project management services and
26    system integration services required for the completion of



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1    the State's enterprise resource planning project. This
2    exemption becomes inoperative 5 years after June 7, 2023
3    (the effective date of the changes made to this Section by
4    Public Act 103-8). This paragraph (22) applies to
5    contracts entered into on or after June 7, 2023 (the
6    effective date of the changes made to this Section by
7    Public Act 103-8) and the renewal of contracts that are in
8    effect on June 7, 2023 (the effective date of the changes
9    made to this Section by Public Act 103-8).
10        (23) Procurements necessary for the Department of
11    Insurance to implement the Illinois Health Benefits
12    Exchange Law if the Department of Insurance has made a
13    good faith determination that it is necessary and
14    appropriate for the expenditure to fall within this
15    exemption. The procurement process shall be conducted in a
16    manner substantially in accordance with the requirements
17    of Sections 20-160 and 25-60 and Article 50 of this Code. A
18    copy of these contracts shall be made available to the
19    Chief Procurement Officer immediately upon request. This
20    paragraph is inoperative 5 years after June 27, 2023 (the
21    effective date of Public Act 103-103).
22        (24) (22) Contracts for public education programming,
23    noncommercial sustaining announcements, public service
24    announcements, and public awareness and education
25    messaging with the nonprofit trade associations of the
26    providers of those services that inform the public on



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



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1procurement process provided for under Section 9.1 of the
2Illinois Lottery Law.
3    (e) This Code does not apply to the process used by the
4Capital Development Board to retain a person or entity to
5assist the Capital Development Board with its duties related
6to the determination of costs of a clean coal SNG brownfield
7facility, as defined by Section 1-10 of the Illinois Power
8Agency Act, as required in subsection (h-3) of Section 9-220
9of the Public Utilities Act, including calculating the range
10of capital costs, the range of operating and maintenance
11costs, or the sequestration costs or monitoring the
12construction of clean coal SNG brownfield facility for the
13full duration of construction.
14    (f) (Blank).
15    (g) (Blank).
16    (h) This Code does not apply to the process to procure or
17contracts entered into in accordance with Sections 11-5.2 and
1811-5.3 of the Illinois Public Aid Code.
19    (i) Each chief procurement officer may access records
20necessary to review whether a contract, purchase, or other
21expenditure is or is not subject to the provisions of this
22Code, unless such records would be subject to attorney-client
24    (j) This Code does not apply to the process used by the
25Capital Development Board to retain an artist or work or works
26of art as required in Section 14 of the Capital Development



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1Board Act.
2    (k) This Code does not apply to the process to procure
3contracts, or contracts entered into, by the State Board of
4Elections or the State Electoral Board for hearing officers
5appointed pursuant to the Election Code.
6    (l) This Code does not apply to the processes used by the
7Illinois Student Assistance Commission to procure supplies and
8services paid for from the private funds of the Illinois
9Prepaid Tuition Fund. As used in this subsection (l), "private
10funds" means funds derived from deposits paid into the
11Illinois Prepaid Tuition Trust Fund and the earnings thereon.
12    (m) This Code shall apply regardless of the source of
13funds with which contracts are paid, including federal
14assistance moneys. Except as specifically provided in this
15Code, this Code shall not apply to procurement expenditures
16necessary for the Department of Public Health to conduct the
17Healthy Illinois Survey in accordance with Section 2310-431 of
18the Department of Public Health Powers and Duties Law of the
19Civil Administrative Code of Illinois.
20(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
21102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
229-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
23102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
246-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised