Full Text of HB2567 102nd General Assembly
HB2567sam002 102ND GENERAL ASSEMBLY | 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, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Commission to End Hunger Act is amended by | 6 | | changing Section 15 as follows: | 7 | | (20 ILCS 5015/15)
| 8 | | Sec. 15. Members. The Commission to End Hunger shall be | 9 | | composed of no more than 21 voting members including 2 members | 10 | | of the Illinois House of Representatives, one appointed by the | 11 | | Speaker of the House and one appointed by the House Minority | 12 | | Leader; 2 members of the Illinois Senate, one appointed by the | 13 | | Senate President and one appointed by the Senate Minority | 14 | | Leader; one representative of the Office of the Governor | 15 | | appointed by the Governor; one representative of the Office of | 16 | | the Lieutenant Governor appointed by the Lieutenant Governor; |
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| 1 | | and 15 public members, who shall be appointed by the Governor.
| 2 | | The public members shall include 2 representatives of food | 3 | | banks; 2 representatives from other community food assistance | 4 | | programs; a representative of a statewide organization focused | 5 | | on responding to hunger; a representative from an anti-poverty | 6 | | organization; a representative of an organization that serves | 7 | | or advocates for children and youth; a representative of an | 8 | | organization that serves or advocates for older adults; a | 9 | | representative of an organization that advocates for people | 10 | | who are homeless; a representative of an organization that | 11 | | serves or advocates for persons with disabilities; a | 12 | | representative of an organization that advocates for | 13 | | immigrants; a representative of a municipal or county | 14 | | government; and 3 at-large members. The appointed members | 15 | | shall reflect the racial, gender, and geographic diversity of | 16 | | the State and shall include representation from regions of the | 17 | | State. | 18 | | The following officials shall serve as ex-officio members: | 19 | | the Secretary of Human Services or his or her designee; the | 20 | | State Superintendent of Education or his or her designee; the | 21 | | Director of Healthcare and Family Services or his or her | 22 | | designee; the Director of Children and Family Services or his | 23 | | or her designee; the Director of Aging or his or her designee; | 24 | | the Director of Natural Resources or his or her designee; and | 25 | | the Director of Agriculture or his or her designee. The | 26 | | African-American Family Commission and , the Latino Family |
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| 1 | | Commission , and the Local Food, Farms, and Jobs Council shall | 2 | | each designate a liaison to serve ex-officio on the | 3 | | Commission.
| 4 | | Members shall serve without compensation and are | 5 | | responsible for the cost of all reasonable and necessary | 6 | | travel expenses connected to Commission business, as the State | 7 | | of Illinois will not reimburse Commission members for these | 8 | | costs.
| 9 | | Commission members shall be appointed within 60 days after | 10 | | the effective date of this Act. The Commission shall hold | 11 | | their initial meetings within 60 days after at least 50% of the | 12 | | members have been appointed.
| 13 | | The representative of the Office of the Governor and a | 14 | | representative of a food bank shall serve as co-chairs of the | 15 | | Commission.
| 16 | | At the first meeting of the Commission, the members shall | 17 | | select a 5-person Steering Committee that includes the | 18 | | co-chairs.
| 19 | | The Commission may establish committees that address | 20 | | specific issues or populations and may appoint individuals | 21 | | with relevant expertise who are not appointed members of the | 22 | | Commission to serve on committees as needed. | 23 | | The Office of the Governor, or a designee of the | 24 | | Governor's choosing, shall provide guidance to the Commission. | 25 | | Under the leadership of the Office of the Governor, subject to | 26 | | appropriation, the Department of Human Services shall also |
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| 1 | | provide leadership to support the Commission. The Department | 2 | | of Human Services and the State of Illinois shall not incur any | 3 | | costs as a result of the creation of the Commission to End | 4 | | Hunger as the coordination of meetings, report preparation, | 5 | | and other related duties will be completed by a representative | 6 | | of 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 | 9 | | changing Sections 1-10, 1-12, 1-13, 1-15.93, 20-20, 20-60, | 10 | | 30-30, 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 | 14 | | bidders, offerors, potential contractors, or contractors were | 15 | | first
solicited on or after July 1, 1998. This Code shall not | 16 | | be construed to affect
or impair any contract, or any | 17 | | provision of a contract, entered into based on a
solicitation | 18 | | prior to the implementation date of this Code as described in
| 19 | | Article 99, including , but not limited to , any covenant | 20 | | entered into with respect
to any revenue bonds or similar | 21 | | instruments.
All procurements for which contracts are | 22 | | solicited between the effective date
of Articles 50 and 99 and | 23 | | July 1, 1998 shall be substantially in accordance
with this | 24 | | Code and its intent.
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| 1 | | (b) This Code shall apply regardless of the source of the | 2 | | funds with which
the contracts are paid, including federal | 3 | | assistance 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 | 18 | | with an annual value of more than $100,000 entered into on or | 19 | | after October 1, 2017 under an exemption provided in any | 20 | | paragraph of this subsection (b), except paragraph (1), (2), | 21 | | or (5), each State agency shall post to the appropriate | 22 | | procurement bulletin the name of the contractor, a description | 23 | | of the supply or service provided, the total amount of the | 24 | | contract, the term of the contract, and the exception to the | 25 | | Code utilized. The chief procurement officer shall submit a | 26 | | report to the Governor and General Assembly no later than |
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| 1 | | November 1 of each year that shall include, at a minimum, an | 2 | | annual summary of the monthly information reported to the | 3 | | chief procurement officer. | 4 | | (c) This Code does not apply to the electric power | 5 | | procurement process provided for under Section 1-75 of the | 6 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 7 | | Utilities Act. | 8 | | (d) Except for Section 20-160 and Article 50 of this Code, | 9 | | and as expressly required by Section 9.1 of the Illinois | 10 | | Lottery Law, the provisions of this Code do not apply to the | 11 | | procurement process provided for under Section 9.1 of the | 12 | | Illinois Lottery Law. | 13 | | (e) This Code does not apply to the process used by the | 14 | | Capital Development Board to retain a person or entity to | 15 | | assist the Capital Development Board with its duties related | 16 | | to the determination of costs of a clean coal SNG brownfield | 17 | | facility, as defined by Section 1-10 of the Illinois Power | 18 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 19 | | of the Public Utilities Act, including calculating the range | 20 | | of capital costs, the range of operating and maintenance | 21 | | costs, or the sequestration costs or monitoring the | 22 | | construction of clean coal SNG brownfield facility for the | 23 | | full 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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| 1 | | contracts entered into in accordance with Sections 11-5.2 and | 2 | | 11-5.3 of the Illinois Public Aid Code. | 3 | | (i) Each chief procurement officer may access records | 4 | | necessary to review whether a contract, purchase, or other | 5 | | expenditure is or is not subject to the provisions of this | 6 | | Code, unless such records would be subject to attorney-client | 7 | | privilege. | 8 | | (j) This Code does not apply to the process used by the | 9 | | Capital Development Board to retain an artist or work or works | 10 | | of art as required in Section 14 of the Capital Development | 11 | | Board Act. | 12 | | (k) This Code does not apply to the process to procure | 13 | | contracts, or contracts entered into, by the State Board of | 14 | | Elections or the State Electoral Board for hearing officers | 15 | | appointed pursuant to the Election Code. | 16 | | (l) This Code does not apply to the processes used by the | 17 | | Illinois Student Assistance Commission to procure supplies and | 18 | | services paid for from the private funds of the Illinois | 19 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 20 | | funds" means funds derived from deposits paid into the | 21 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 22 | | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; | 23 | | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. | 24 | | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised | 25 | | 9-17-19.)
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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 | 4 | | necessary to provide artistic or musical services, | 5 | | performances, or theatrical productions held at a venue | 6 | | operated or leased by a State agency. | 7 | | (b) Notice of each contract with an annual value of more | 8 | | than $100,000 entered into by a State agency that is related to | 9 | | the procurement of goods and services identified in this | 10 | | Section shall be published in the Illinois Procurement | 11 | | Bulletin within 14 calendar days after contract execution. The | 12 | | chief procurement officer shall prescribe the form and content | 13 | | of the notice. Each State agency shall provide the chief | 14 | | procurement officer, on a monthly basis, in the form and | 15 | | content prescribed by the chief procurement officer, a report | 16 | | of contracts that are related to the procurement of supplies | 17 | | and services identified in this Section. At a minimum, this | 18 | | report shall include the name of the contractor, a description | 19 | | of the supply or service provided, the total amount of the | 20 | | contract, the term of the contract, and the exception to the | 21 | | Code utilized. A copy of any or all of these contracts shall be | 22 | | made available to the chief procurement officer immediately | 23 | | upon request. The chief procurement officer shall submit a | 24 | | report to the Governor and General Assembly no later than | 25 | | November 1 of each year that shall include, at a minimum, an | 26 | | annual summary of the monthly information reported to the |
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| 1 | | chief 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 | 14 | | General Assembly that this Section not be subject to repeal on | 15 | | December 31, 2016. | 16 | | This Section shall be deemed to have been in continuous | 17 | | effect since August 3, 2012 (the effective date of Public Act | 18 | | 97-895), and it shall continue to be in effect henceforward | 19 | | until it is otherwise lawfully repealed. All previously | 20 | | enacted amendments to this Section taking effect on or after | 21 | | December 31, 2016, are hereby validated. | 22 | | All actions taken in reliance on or pursuant to this | 23 | | Section in the procurement of artistic or musical services are | 24 | | hereby validated. | 25 | | In order to ensure the continuing effectiveness of this | 26 | | Section, it is set forth in full and re-enacted by this |
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| 1 | | amendatory Act of the 100th General Assembly. This | 2 | | re-enactment is intended as a continuation of this Section. It | 3 | | is not intended to supersede any amendment to this Section | 4 | | that is enacted by the 100th General Assembly. | 5 | | In this amendatory Act of the 100th General Assembly, the | 6 | | base text of this Section is set forth as amended by Public Act | 7 | | 98-1076. Striking and underscoring is used only to show | 8 | | changes being made to the base text. | 9 | | This Section applies to all procurements made on or before | 10 | | the effective date of this amendatory Act of the 100th General | 11 | | Assembly. | 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 | 15 | | education. | 16 | | (a) This Code shall apply to public institutions of higher | 17 | | education, regardless of the source of the funds with which | 18 | | contracts are paid, except as provided in this Section. | 19 | | (b) Except as provided in this Section, this Code shall | 20 | | not apply to procurements made by or on behalf of public | 21 | | institutions 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. | 9 | | Notice of each contract with an annual value of more than | 10 | | $100,000 entered into by a public institution of higher | 11 | | education that is related to the procurement of goods and | 12 | | services identified in items (1) through (9) of this | 13 | | subsection shall be published in the Procurement Bulletin | 14 | | within 14 calendar days after contract execution. The Chief | 15 | | Procurement Officer shall prescribe the form and content of | 16 | | the notice. Each public institution of higher education shall | 17 | | provide the Chief Procurement Officer, on a monthly basis, in | 18 | | the form and content prescribed by the Chief Procurement | 19 | | Officer, a report of contracts that are related to the | 20 | | procurement of goods and services identified in this | 21 | | subsection. At a minimum, this report shall include the name | 22 | | of the contractor, a description of the supply or service | 23 | | provided, the total amount of the contract, the term of the | 24 | | contract, and the exception to the Code utilized. A copy of any | 25 | | or all of these contracts shall be made available to the Chief | 26 | | Procurement Officer immediately upon request. The Chief |
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| 1 | | Procurement Officer shall submit a report to the Governor and | 2 | | General Assembly no later than November 1 of each year that | 3 | | shall include, at a minimum, an annual summary of the monthly | 4 | | information reported to the Chief Procurement Officer. | 5 | | (b-5) Except as provided in this subsection, the | 6 | | provisions of this Code shall not apply to contracts for | 7 | | medical supplies, and to contracts for medical services | 8 | | necessary for the delivery of care and treatment at medical, | 9 | | dental, or veterinary teaching facilities utilized by Southern | 10 | | Illinois University or the University of Illinois and at any | 11 | | university-operated health care center or dispensary that | 12 | | provides care, treatment, and medications for students, | 13 | | faculty and staff. Other supplies and services needed for | 14 | | these teaching facilities shall be subject to the jurisdiction | 15 | | of the Chief Procurement Officer for Public Institutions of | 16 | | Higher Education who may establish expedited procurement | 17 | | procedures and may waive or modify certification, contract, | 18 | | hearing, process and registration requirements required by the | 19 | | Code. All procurements made under this subsection shall be | 20 | | documented and may require publication in the Illinois | 21 | | Procurement Bulletin. | 22 | | (b-10) Procurements made by or on behalf of the University | 23 | | of Illinois for investment services scheduled to expire June | 24 | | 2020 may be extended through June 2021 without being subject | 25 | | to the requirements of this Code. Any contract extended, | 26 | | renewed, or entered pursuant to this exception shall be |
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| 1 | | published on the Executive Ethics Commission's website within | 2 | | 5 days of contract execution. This subsection is inoperative | 3 | | on and after July 1, 2021. | 4 | | (c) Procurements made by or on behalf of public | 5 | | institutions of higher education for the fulfillment of a | 6 | | grant shall be made in accordance with the requirements of | 7 | | this Code to the extent practical. | 8 | | Upon the written request of a public institution of higher | 9 | | education, the Chief Procurement Officer may waive contract, | 10 | | registration, certification, and hearing requirements of this | 11 | | Code if, based on the item to be procured or the terms of a | 12 | | grant, compliance is impractical. The public institution of | 13 | | higher education shall provide the Chief Procurement Officer | 14 | | with specific reasons for the waiver, including the necessity | 15 | | of contracting with a particular potential contractor, and | 16 | | shall certify that an effort was made in good faith to comply | 17 | | with the provisions of this Code. The Chief Procurement | 18 | | Officer shall provide written justification for any waivers. | 19 | | By November 1 of each year, the Chief Procurement Officer | 20 | | shall file a report with the General Assembly identifying each | 21 | | contract approved with waivers and providing the justification | 22 | | given for any waivers for each of those contracts. Notice of | 23 | | each waiver made under this subsection shall be published in | 24 | | the Procurement Bulletin within 14 calendar days after | 25 | | contract execution. The Chief Procurement Officer shall | 26 | | prescribe the form and content of the notice. |
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| 1 | | (d) Notwithstanding this Section, a waiver of the | 2 | | registration requirements of Section 20-160 does not permit a | 3 | | business entity and any affiliated entities or affiliated | 4 | | persons to make campaign contributions if otherwise prohibited | 5 | | by Section 50-37. The total amount of contracts awarded in | 6 | | accordance with this Section shall be included in determining | 7 | | the aggregate amount of contracts or pending bids of a | 8 | | business entity and any affiliated entities or affiliated | 9 | | persons. | 10 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 11 | | this Code, the Chief Procurement Officer, with the approval of | 12 | | the Executive Ethics Commission, may permit a public | 13 | | institution of higher education to accept a bid or enter into a | 14 | | contract with a business that assisted the public institution | 15 | | of higher education in determining whether there is a need for | 16 | | a contract or assisted in reviewing, drafting, or preparing | 17 | | documents related to a bid or contract, provided that the bid | 18 | | or contract is essential to research administered by the | 19 | | public institution of higher education and it is in the best | 20 | | interest of the public institution of higher education to | 21 | | accept the bid or contract. For purposes of this subsection, | 22 | | "business" includes all individuals with whom a business is | 23 | | affiliated, including, but not limited to, any officer, agent, | 24 | | employee, consultant, independent contractor, director, | 25 | | partner, manager, or shareholder of a business. The Executive | 26 | | Ethics Commission may promulgate rules and regulations for the |
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| 1 | | implementation and administration of the provisions of this | 2 | | subsection (e). | 3 | | (f) As used in this Section: | 4 | | "Grant" means non-appropriated funding provided by a | 5 | | federal or private entity to support a project or program | 6 | | administered by a public institution of higher education and | 7 | | any non-appropriated funding provided to a sub-recipient of | 8 | | the grant. | 9 | | "Public institution of higher education" means Chicago | 10 | | State University, Eastern Illinois University, Governors State | 11 | | University, Illinois State University, Northeastern Illinois | 12 | | University, Northern Illinois University, Southern Illinois | 13 | | University, University of Illinois, Western Illinois | 14 | | University, and, for purposes of this Code only, the Illinois | 15 | | Mathematics 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 | 11 | | General Assembly that this Section not be subject to repeal on | 12 | | December 31, 2014. | 13 | | This Section shall be deemed to have been in continuous | 14 | | effect since December 20, 2011 (the effective date of Public | 15 | | Act 97-643), and it shall continue to be in effect | 16 | | henceforward until it is otherwise lawfully repealed. All | 17 | | previously enacted amendments to this Section taking effect on | 18 | | or after December 31, 2014, are hereby validated. | 19 | | All actions taken in reliance on or pursuant to this | 20 | | Section by any public institution of higher education, person, | 21 | | or entity are hereby validated. | 22 | | In order to ensure the continuing effectiveness of this | 23 | | Section, it is set forth in full and re-enacted by this | 24 | | amendatory Act of the 100th General Assembly. This | 25 | | re-enactment is intended as a continuation of this Section. It | 26 | | is not intended to supersede any amendment to this Section |
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| 1 | | that is enacted by the 100th General Assembly. | 2 | | In this amendatory Act of the 100th General Assembly, the | 3 | | base text of the reenacted Section is set forth as amended by | 4 | | Public Act 98-1076. Striking and underscoring is used only to | 5 | | show changes being made to the base text. | 6 | | This Section applies to all procurements made on or before | 7 | | the effective date of this amendatory Act of the 100th General | 8 | | Assembly. | 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 | 13 | | design-bid-build procurement delivery method for a building | 14 | | construction project in which the Capital Development Board is | 15 | | the construction agency procuring 2 or more subdivisions of | 16 | | work enumerated in paragraphs (1) through (5) of subsection | 17 | | (a) of Section 30-30 of this Code under a single contract. This | 18 | | Section 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
| 23 | | services not exceeding $100,000 and any procurement of
| 24 | | construction not exceeding
$100,000, or any individual |
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| 1 | | procurement of professional or artistic services not exceeding | 2 | | $100,000 may be made without competitive source selection.
| 3 | | Procurements shall not be artificially
divided so as to | 4 | | constitute a small purchase under this Section. Any | 5 | | procurement of construction not exceeding $100,000 may be made | 6 | | by an alternative competitive source selection. The | 7 | | construction agency shall establish rules for an alternative | 8 | | competitive source selection process. This Section does not | 9 | | apply to construction-related professional services contracts | 10 | | awarded in accordance with the provisions of the | 11 | | Architectural, Engineering, and Land Surveying Qualifications | 12 | | Based Selection Act.
| 13 | | (b) Adjustment. Each July 1, the small purchase maximum
| 14 | | established in subsection (a)
shall be adjusted for inflation | 15 | | as determined by the Consumer
Price Index for All Urban | 16 | | Consumers as determined by the United States
Department of | 17 | | Labor and rounded to the nearest $100.
| 18 | | (c) Based upon rules proposed by the Board and rules | 19 | | promulgated by the
chief procurement officers, the small | 20 | | purchase maximum established in
subsection
(a) may be | 21 | | modified.
| 22 | | (d) Certification. All small purchases with an annual | 23 | | value of more than $50,000 shall be accompanied by Standard | 24 | | Illinois Certifications in a form prescribed by each Chief | 25 | | Procurement 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 | 3 | | 40, Section 40-125 ) | 4 | | Sec. 20-60. Duration of contracts. | 5 | | (a) Maximum duration. A contract may be entered into for
| 6 | | any period of time deemed
to be in the best interests of the | 7 | | State but not
exceeding 10 years inclusive, beginning January | 8 | | 1, 2010, of proposed contract renewals. Third parties may | 9 | | lease State-owned dark fiber networks for any period of time | 10 | | deemed to be in the best interest of the State, but not | 11 | | exceeding 20 years. The length of
a lease for real property or | 12 | | capital improvements shall be in
accordance with the | 13 | | provisions of
Section 40-25. The length of energy conservation | 14 | | program contracts or energy savings contracts or leases shall | 15 | | be in accordance with the provisions of Section 25-45. A | 16 | | contract for bond or mortgage insurance awarded by the | 17 | | Illinois Housing Development Authority, however, may be | 18 | | entered into for any period of time less than or equal to the | 19 | | maximum period of time that the subject bond or mortgage may | 20 | | remain outstanding.
| 21 | | (b) Subject to appropriation. All contracts made or | 22 | | entered
into shall recite that they are
subject to termination | 23 | | and cancellation in any year for which the
General Assembly | 24 | | fails to make
an appropriation to make payments under the | 25 | | terms of the contract. |
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| 1 | | (c) The chief procurement officer shall file a proposed | 2 | | extension or renewal of a contract with the Procurement Policy | 3 | | Board prior to entering into any extension or renewal if the | 4 | | cost associated with the extension or renewal exceeds | 5 | | $249,999. The Procurement Policy Board may object to the | 6 | | proposed extension or renewal within 30 calendar days and | 7 | | require a hearing before the Board prior to entering into the | 8 | | extension or renewal. If the Procurement Policy Board does not | 9 | | object within 30 calendar days or takes affirmative action to | 10 | | recommend the extension or renewal, the chief procurement | 11 | | officer may enter into the extension or renewal of a contract. | 12 | | This subsection does not apply to any emergency procurement, | 13 | | any procurement under Article 40, or any procurement exempted | 14 | | by Section 1-10(b) of this Code. If any State agency contract | 15 | | is paid for in whole or in part with federal-aid funds, grants, | 16 | | or loans and the provisions of this subsection would result in | 17 | | the loss of those federal-aid funds, grants, or loans, then | 18 | | the contract is exempt from the provisions of this subsection | 19 | | in order to remain eligible for those federal-aid funds, | 20 | | grants, or loans, and the State agency shall file notice of | 21 | | this exemption with the Procurement Policy Board prior to | 22 | | entering into the proposed extension or renewal. Nothing in | 23 | | this subsection permits a chief procurement officer to enter | 24 | | into an extension or renewal in violation of subsection (a). | 25 | | By August 1 each year, the Procurement Policy Board shall file | 26 | | a report with the General Assembly identifying for the |
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| 1 | | previous fiscal year (i) the proposed extensions or renewals | 2 | | that were filed with the Board and whether the Board objected | 3 | | and (ii) the contracts exempt from this subsection. | 4 | | (d) Notwithstanding the provisions of subsection (a) of | 5 | | this Section, the Department of Innovation and Technology may | 6 | | enter into leases for dark fiber networks for any period of | 7 | | time deemed to be in the best interests of the State but not | 8 | | exceeding 20 years inclusive. The Department of Innovation and | 9 | | Technology may lease dark fiber networks from third parties | 10 | | only for the primary purpose of providing services (i) to the | 11 | | offices of Governor, Lieutenant Governor, Attorney General, | 12 | | Secretary of State, Comptroller, or Treasurer and State | 13 | | agencies, as defined under Section 5-15 of the Civil | 14 | | Administrative Code of Illinois or (ii) for anchor | 15 | | institutions, as defined in Section 7 of the Illinois Century | 16 | | Network Act. Dark fiber network lease contracts shall be | 17 | | subject to all other provisions of this Code and any | 18 | | applicable rules or requirements, including, but not limited | 19 | | to, publication of lease solicitations, use of standard State | 20 | | contracting terms and conditions, and approval of vendor | 21 | | certifications and financial disclosures. | 22 | | (e) As used in this Section, "dark fiber network" means a | 23 | | network of fiber optic cables laid but currently unused by a | 24 | | third party that the third party is leasing for use as network | 25 | | infrastructure. | 26 | | (f) No vendor shall be eligible for renewal of a contract |
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| 1 | | when that vendor has failed to meet the goals agreed to in the | 2 | | vendor's utilization plan unless the State agency or public | 3 | | institution of higher education has determined that the vendor | 4 | | made good faith efforts toward meeting the contract goals and | 5 | | has issued a waiver or that vendor is not otherwise excused | 6 | | from compliance by the chief procurement officer in | 7 | | consultation with the purchasing State agency . The form and | 8 | | content of the waiver shall be prescribed by each chief | 9 | | procurement officer , but shall not impair the State agency or | 10 | | public institutions of higher education determination to | 11 | | execute the renewal. The chief procurement officer shall post | 12 | | the completed form on his or her official website within 5 | 13 | | business days after receipt from the State agency or public | 14 | | institution of higher education. The chief procurement officer | 15 | | who shall maintain on his or her official website a database of | 16 | | waivers granted under this Section with respect to contracts | 17 | | under his or her jurisdiction. The database shall be updated | 18 | | periodically and shall be searchable by contractor name and by | 19 | | contracting State agency or public institution of higher | 20 | | education. | 21 | | (Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; | 22 | | 101-81, eff. 7-12-19; 101-657, Article 5, Section 5-5, eff. | 23 | | 3-23-21.) | 24 | | (Text of Section after amendment by P.A. 101-657, Article | 25 | | 40, 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
| 3 | | any period of time deemed
to be in the best interests of the | 4 | | State but not
exceeding 10 years inclusive, beginning January | 5 | | 1, 2010, of proposed contract renewals. Third parties may | 6 | | lease State-owned dark fiber networks for any period of time | 7 | | deemed to be in the best interest of the State, but not | 8 | | exceeding 20 years. The length of
a lease for real property or | 9 | | capital improvements shall be in
accordance with the | 10 | | provisions of
Section 40-25. The length of energy conservation | 11 | | program contracts or energy savings contracts or leases shall | 12 | | be in accordance with the provisions of Section 25-45. A | 13 | | contract for bond or mortgage insurance awarded by the | 14 | | Illinois Housing Development Authority, however, may be | 15 | | entered into for any period of time less than or equal to the | 16 | | maximum period of time that the subject bond or mortgage may | 17 | | remain outstanding.
| 18 | | (b) Subject to appropriation. All contracts made or | 19 | | entered
into shall recite that they are
subject to termination | 20 | | and cancellation in any year for which the
General Assembly | 21 | | fails to make
an appropriation to make payments under the | 22 | | terms of the contract. | 23 | | (c) The chief procurement officer shall file a proposed | 24 | | extension or renewal of a contract with the Procurement Policy | 25 | | Board and the Commission on Equity and Inclusion prior to | 26 | | entering into any extension or renewal if the cost associated |
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| 1 | | with the extension or renewal exceeds $249,999. The | 2 | | Procurement Policy Board or the Commission on Equity and | 3 | | Inclusion may object to the proposed extension or renewal | 4 | | within 30 calendar days and require a hearing before the Board | 5 | | or the Commission on Equity and Inclusion prior to entering | 6 | | into the extension or renewal. If the Procurement Policy Board | 7 | | or the Commission on Equity and Inclusion does not object | 8 | | within 30 calendar days or takes affirmative action to | 9 | | recommend the extension or renewal, the chief procurement | 10 | | officer may enter into the extension or renewal of a contract. | 11 | | This subsection does not apply to any emergency procurement, | 12 | | any procurement under Article 40, or any procurement exempted | 13 | | by Section 1-10(b) of this Code. If any State agency contract | 14 | | is paid for in whole or in part with federal-aid funds, grants, | 15 | | or loans and the provisions of this subsection would result in | 16 | | the loss of those federal-aid funds, grants, or loans, then | 17 | | the contract is exempt from the provisions of this subsection | 18 | | in order to remain eligible for those federal-aid funds, | 19 | | grants, or loans, and the State agency shall file notice of | 20 | | this exemption with the Procurement Policy Board or the | 21 | | Commission on Equity and Inclusion prior to entering into the | 22 | | proposed extension or renewal. Nothing in this subsection | 23 | | permits a chief procurement officer to enter into an extension | 24 | | or renewal in violation of subsection (a). By August 1 each | 25 | | year, the Procurement Policy Board and the Commission on | 26 | | Equity and Inclusion shall each file a report with the General |
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| 1 | | Assembly identifying for the previous fiscal year (i) the | 2 | | proposed extensions or renewals that were filed and whether | 3 | | such extensions and renewals were objected to and (ii) the | 4 | | contracts exempt from this subsection. | 5 | | (d) Notwithstanding the provisions of subsection (a) of | 6 | | this Section, the Department of Innovation and Technology may | 7 | | enter into leases for dark fiber networks for any period of | 8 | | time deemed to be in the best interests of the State but not | 9 | | exceeding 20 years inclusive. The Department of Innovation and | 10 | | Technology may lease dark fiber networks from third parties | 11 | | only for the primary purpose of providing services (i) to the | 12 | | offices of Governor, Lieutenant Governor, Attorney General, | 13 | | Secretary of State, Comptroller, or Treasurer and State | 14 | | agencies, as defined under Section 5-15 of the Civil | 15 | | Administrative Code of Illinois or (ii) for anchor | 16 | | institutions, as defined in Section 7 of the Illinois Century | 17 | | Network Act. Dark fiber network lease contracts shall be | 18 | | subject to all other provisions of this Code and any | 19 | | applicable rules or requirements, including, but not limited | 20 | | to, publication of lease solicitations, use of standard State | 21 | | contracting terms and conditions, and approval of vendor | 22 | | certifications and financial disclosures. | 23 | | (e) As used in this Section, "dark fiber network" means a | 24 | | network of fiber optic cables laid but currently unused by a | 25 | | third party that the third party is leasing for use as network | 26 | | infrastructure. |
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| 1 | | (f) No vendor shall be eligible for renewal of a contract | 2 | | when that vendor has failed to meet the goals agreed to in the | 3 | | vendor's utilization plan unless the State agency or public | 4 | | institution of higher education has determined that the vendor | 5 | | made good faith efforts toward meeting the contract goals and | 6 | | has issued a waiver or that vendor is not otherwise excused | 7 | | from compliance by the chief procurement officer in | 8 | | consultation with the purchasing State agency . The form and | 9 | | content of the waiver shall be prescribed by each chief | 10 | | procurement officer , but shall not impair the State agency or | 11 | | public institution of higher education determination to | 12 | | execute the renewal. The chief procurement officer shall post | 13 | | the completed form on his or her official website within 5 | 14 | | business days after receipt from the State agency or public | 15 | | institution of higher education. The chief procurement officer | 16 | | who shall maintain on his or her official website a database of | 17 | | waivers granted under this Section with respect to contracts | 18 | | under his or her jurisdiction. The database shall be updated | 19 | | periodically and shall be searchable by contractor name and by | 20 | | contracting State agency or public institution of higher | 21 | | education. | 22 | | (Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; | 23 | | 101-81, eff. 7-12-19; 101-657, Article 5, Section 5-5, eff. | 24 | | 3-23-21; 101-657, Article 40, Section 40-125, eff. 1-1-22; | 25 | | revised 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 | 4 | | through December 31, 2023 2021 . | 5 | | For
building construction contracts in excess of
$250,000, | 6 | | separate specifications may be prepared for all
equipment, | 7 | | labor, and materials in
connection with the following 5 | 8 | | subdivisions 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 | 19 | | and
independent bidding upon
each of the 5 subdivisions of | 20 | | work. All contracts awarded
for any part thereof may
award the | 21 | | 5 subdivisions of work separately to responsible and
reliable | 22 | | persons, firms, or
corporations engaged in these classes of | 23 | | work. The contracts, at
the discretion of the
construction | 24 | | agency, may be assigned to the successful bidder on
the | 25 | | general contract work or
to the successful bidder on the | 26 | | subdivision of work designated by
the construction agency |
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| 1 | | before
the bidding as the prime subdivision of work, provided | 2 | | that all
payments will be made directly
to the contractors for | 3 | | the 5 subdivisions of work upon compliance
with the conditions | 4 | | of the
contract.
| 5 | | Beginning on the effective date of this amendatory Act of | 6 | | the 101st General Assembly and through December 31, 2023 2020 , | 7 | | for single prime projects: (i) the bid of the successful low | 8 | | bidder shall identify the name of the subcontractor, if any, | 9 | | and the bid proposal costs for each of the 5 subdivisions of | 10 | | work set forth in this Section; (ii) the contract entered into | 11 | | with the successful bidder shall provide that no identified | 12 | | subcontractor may be terminated without the written consent of | 13 | | the Capital Development Board; (iii) the contract shall comply | 14 | | with the disadvantaged business practices of the Business | 15 | | Enterprise for Minorities, Women, and Persons with | 16 | | Disabilities Act and the equal employment practices of Section | 17 | | 2-105 of the Illinois Human Rights Act; and (iv) the Capital | 18 | | Development Board shall submit an annual report to the General | 19 | | Assembly and Governor on the bidding, award, and performance | 20 | | of all single prime projects. | 21 | | For building construction projects with a total | 22 | | construction cost valued at $5,000,000 or less, the Capital | 23 | | Development Board shall not use the single prime procurement | 24 | | delivery method for more than 50% of the total number of | 25 | | projects bid for each fiscal year. Any project with a total | 26 | | construction cost valued greater than $5,000,000 may be bid |
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| 1 | | using single prime at the discretion of the Executive Director | 2 | | of the Capital Development Board. | 3 | | (b) The provisions of this subsection are operative on and | 4 | | after January 1, 2024 2022 .
For building construction | 5 | | contracts in excess of $250,000, separate specifications shall | 6 | | be prepared for all equipment, labor, and materials in | 7 | | connection with the following 5 subdivisions of the work to be | 8 | | 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 must be so drawn as to permit separate | 19 | | and independent bidding upon each of the 5 subdivisions of | 20 | | work. All contracts awarded for any part thereof shall award | 21 | | the 5 subdivisions of work separately to responsible and | 22 | | reliable persons, firms, or corporations engaged in these | 23 | | classes of work. The contracts, at the discretion of the | 24 | | construction agency, may be assigned to the successful bidder | 25 | | on the general contract work or to the successful bidder on the | 26 | | subdivision of work designated by the construction agency |
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| 1 | | before the bidding as the prime subdivision of work, provided | 2 | | that all payments will be made directly to the contractors for | 3 | | the 5 subdivisions of work upon compliance with the conditions | 4 | | of the contract. | 5 | | (Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19; | 6 | | 101-645, eff. 6-26-20.)
| 7 | | (30 ILCS 500/50-90 new) | 8 | | Sec. 50-90. Certifications. All contracts under this Code | 9 | | with an annual value of more than $50,000 annually shall be | 10 | | accompanied by Standard Illinois Certifications in a form | 11 | | prescribed by each Chief Procurement Officer. | 12 | | (30 ILCS 500/55-20) | 13 | | Sec. 55-20. Contracts for food donation; food donation | 14 | | policy. | 15 | | (a) After the effective date of this amendatory Act of the | 16 | | 99th General Assembly, a public entity shall not enter into a | 17 | | contract to purchase food with a bidder or offeror if the | 18 | | bidder's or offeror's contract terms prohibit the public | 19 | | entity from donating food to food banks, including, but not | 20 | | limited to, homeless shelters, food pantries, and soup | 21 | | kitchens.
| 22 | | (b) Each State agency that purchases food through a | 23 | | contract procured in accordance with entering into or | 24 | | maintaining a contract for the purchase of food under this |
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| 1 | | Code shall adopt a policy that permits the donation of | 2 | | leftover food purchased with procured by State funds. The | 3 | | policy shall address any daily food operations run by the | 4 | | agency, including one-time events, and shall contain a list of | 5 | | nearby soup kitchens, food pantries, and other non-profit | 6 | | organizations where leftover food can be donated. Each State | 7 | | agency shall circulate its policy to all agency employees, and | 8 | | submit its food donation policy to the Department of Central | 9 | | Management Services on an annual basis beginning December 31, | 10 | | 2018. | 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 | 13 | | changing 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 | 17 | | July 1, 2022 .
| 18 | | (Source: P.A. 100-1189, eff. 4-5-19.) | 19 | | Section 20. The Local Food, Farms, and Jobs Act is amended | 20 | | by changing Section 10 as follows: | 21 | | (30 ILCS 595/10)
| 22 | | Sec. 10. Procurement goals for local farm or food |
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| 1 | | products. | 2 | | (a) In order to create, strengthen, and expand local farm | 3 | | and food economies throughout Illinois, it shall be the goal | 4 | | of this State that 20% of all food and food products purchased | 5 | | by State agencies and State-owned facilities, including, | 6 | | without limitation, facilities for persons with mental health | 7 | | and developmental disabilities, correctional facilities, and | 8 | | public universities, shall, by 2020, be local farm or food | 9 | | products.
| 10 | | (b) The State Local Food, Farms, and Jobs Council | 11 | | established under this Act shall support and encourage that | 12 | | 10% of food and food products purchased by entities funded in | 13 | | part or in whole by State dollars, which spend more than | 14 | | $25,000 per year on food or food products for its students, | 15 | | residents, or clients, including, without limitation, public | 16 | | schools, child care facilities, after-school programs, and | 17 | | hospitals, shall, by 2020, be local farm or food products.
| 18 | | (c) To meet the goals set forth in this Section, when a | 19 | | State contract for purchase of food or food products is to be | 20 | | awarded to the lowest responsible bidder, an otherwise | 21 | | qualified bidder who will fulfill the contract through the use | 22 | | of local farm or food products may be given preference over | 23 | | other bidders, provided that the cost included in the bid of | 24 | | local farm or food products is not more than 10% greater than | 25 | | the cost included in a bid that is not for local farm or food | 26 | | products.
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| 1 | | (d) All State agencies and State-owned facilities that | 2 | | purchase food and food products shall , with the assistance of | 3 | | the Local Food, Farms, and Jobs Council, develop a system for | 4 | | (i) identifying the percentage of local farm or food products | 5 | | purchased for fiscal year 2020 2011 as the baseline; and (ii) | 6 | | tracking and reporting local farm or food products purchases | 7 | | on an annual basis.
| 8 | | (e) All State agencies and State-owned facilities that | 9 | | purchase food and food products shall publish on their | 10 | | applicable procurement bulletin their farm or food purchases | 11 | | for the recently completed fiscal year. The first published | 12 | | report shall be due no later than January 1, 2022 and represent | 13 | | fiscal year 2021 purchases. A report shall be due each January | 14 | | 1 thereafter and be published on a form prescribed by each | 15 | | applicable 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 | 21 | | by repealing Sections 15, 20, and 25. | 22 | | Section 30. The Illinois Human Rights Act is amended by | 23 | | changing Section 2-105 as follows:
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| 1 | | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| 2 | | Sec. 2-105. Equal Employment Opportunities; Affirmative | 3 | | Action.
| 4 | | (A) Public Contracts. Every party to a public contract and | 5 | | every
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
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| 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 | 10 | | opportunity to cure any noncompliance with this subsection by | 11 | | a bidder prior to the awarding of a contract. | 12 | | (B) State Agencies. Every State executive department, | 13 | | State 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 | 26 | | defined in
rules promulgated under the Illinois Administrative
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| 1 | | Procedure Act.
| 2 | | (C) Civil Rights Violations. It is a civil rights | 3 | | violation 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 | 16 | | changes in a statute that is represented in this Act by text | 17 | | that is not yet or no longer in effect (for example, a Section | 18 | | represented by multiple versions), the use of that text does | 19 | | not accelerate or delay the taking effect of (i) the changes | 20 | | made by this Act or (ii) provisions derived from any other | 21 | | Public Act. | 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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