Full Text of SB3587 103rd General Assembly
SB3587 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3587 Introduced 2/9/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: | | | 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. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing 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 | 9 | | bidders, offerors, potential contractors, or contractors were | 10 | | first solicited on or after July 1, 1998. This Code shall not | 11 | | be construed to affect or impair any contract, or any | 12 | | provision of a contract, entered into based on a solicitation | 13 | | prior to the implementation date of this Code as described in | 14 | | Article 99, including, but not limited to, any covenant | 15 | | entered into with respect to any revenue bonds or similar | 16 | | instruments. All procurements for which contracts are | 17 | | solicited between the effective date of Articles 50 and 99 and | 18 | | July 1, 1998 shall be substantially in accordance with this | 19 | | Code and its intent. | 20 | | (b) This Code shall apply regardless of the source of the | 21 | | funds with which the contracts are paid, including federal | 22 | | assistance 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 | 6 | | with an annual value of more than $100,000 entered into on or | 7 | | after October 1, 2017 under an exemption provided in any | 8 | | paragraph of this subsection (b), except paragraph (1), (2), | 9 | | or (5), each State agency shall post to the appropriate | 10 | | procurement bulletin the name of the contractor, a description | 11 | | of the supply or service provided, the total amount of the | 12 | | contract, the term of the contract, and the exception to the | 13 | | Code utilized. The chief procurement officer shall submit a | 14 | | report to the Governor and General Assembly no later than | 15 | | November 1 of each year that shall include, at a minimum, an | 16 | | annual summary of the monthly information reported to the | 17 | | chief procurement officer. | 18 | | (c) This Code does not apply to the electric power | 19 | | procurement process provided for under Section 1-75 of the | 20 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 21 | | Utilities Act. This Code does not apply to the procurement of | 22 | | technical and policy experts pursuant to Section 1-129 of the | 23 | | Illinois Power Agency Act. | 24 | | (d) Except for Section 20-160 and Article 50 of this Code, | 25 | | and as expressly required by Section 9.1 of the Illinois | 26 | | Lottery Law, the provisions of this Code do not apply to the |
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| 1 | | procurement process provided for under Section 9.1 of the | 2 | | Illinois Lottery Law. | 3 | | (e) This Code does not apply to the process used by the | 4 | | Capital Development Board to retain a person or entity to | 5 | | assist the Capital Development Board with its duties related | 6 | | to the determination of costs of a clean coal SNG brownfield | 7 | | facility, as defined by Section 1-10 of the Illinois Power | 8 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 9 | | of the Public Utilities Act, including calculating the range | 10 | | of capital costs, the range of operating and maintenance | 11 | | costs, or the sequestration costs or monitoring the | 12 | | construction of clean coal SNG brownfield facility for the | 13 | | full duration of construction. | 14 | | (f) (Blank). | 15 | | (g) (Blank). | 16 | | (h) This Code does not apply to the process to procure or | 17 | | contracts entered into in accordance with Sections 11-5.2 and | 18 | | 11-5.3 of the Illinois Public Aid Code. | 19 | | (i) Each chief procurement officer may access records | 20 | | necessary to review whether a contract, purchase, or other | 21 | | expenditure is or is not subject to the provisions of this | 22 | | Code, unless such records would be subject to attorney-client | 23 | | privilege. | 24 | | (j) This Code does not apply to the process used by the | 25 | | Capital Development Board to retain an artist or work or works | 26 | | of art as required in Section 14 of the Capital Development |
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| 1 | | Board Act. | 2 | | (k) This Code does not apply to the process to procure | 3 | | contracts, or contracts entered into, by the State Board of | 4 | | Elections or the State Electoral Board for hearing officers | 5 | | appointed pursuant to the Election Code. | 6 | | (l) This Code does not apply to the processes used by the | 7 | | Illinois Student Assistance Commission to procure supplies and | 8 | | services paid for from the private funds of the Illinois | 9 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 10 | | funds" means funds derived from deposits paid into the | 11 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 12 | | (m) This Code shall apply regardless of the source of | 13 | | funds with which contracts are paid, including federal | 14 | | assistance moneys. Except as specifically provided in this | 15 | | Code, this Code shall not apply to procurement expenditures | 16 | | necessary for the Department of Public Health to conduct the | 17 | | Healthy Illinois Survey in accordance with Section 2310-431 of | 18 | | the Department of Public Health Powers and Duties Law of the | 19 | | Civil Administrative Code of Illinois. | 20 | | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | 21 | | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | 22 | | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | 23 | | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | 24 | | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised | 25 | | 1-2-24.) |
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