Bill Text: IL HB4285 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Commission to End Hunger Act. Deletes a provision requiring the Local Food, Farms, and Jobs Council to designate an ex officio member of the Commission to End Hunger. Amends the State Finance Act. Requires the Travel Regulation Control Council and the Higher Education Travel Control Board to amend their existing reimbursement rules for public institutions of higher education. Amends the Illinois Procurement Code. Exempts certain expenditures from the requirements of the Code. Changes notice and other requirements for emergency contract extensions. Increases the small purchase limit for construction contracts from $100,000 to $250,000. Authorizes State agencies and public institutions of higher education to purchase StateRAMP-certified cybersecurity products. Authorizes public institutions of higher education to use single-prime procurement for the award of certain construction contracts. Sets forth requirements for those procurements. Provides that specified members of the State Procurement Task Force shall serve as co-chairs of the task force (now, the Chairperson of the Commission on Equity and Inclusion serves as the chairperson). Requires the Procurement Policy Board (rather than the Department of Central Management Services) to provide administrative and other support to the task force. Requires the task force to submit a report of its findings and recommendations to the Governor and General Assembly by February 1, 2023 (rather than November 1, 2022). Amends the Design-Build Procurement Act. Authorizes a public institution of higher education to be recognized as a State construction agency for purposes of the Act. Specifies that the Act is repealed January 1, 2026 (rather than January 1, 2027). Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Authorizes an entity that qualifies as a business for purposes of the Act to have gross sales of up to $150 million (rather than $75 million). Adds provisions authorizing firms to cure deficiencies in their utilization plans. Amends the Local Food, Farms, and Jobs Act. Repeals provisions concerning the Food, Farms, and Jobs Council. Amends the State Property Control Act. Specifies that an item is of nominal value, for purposes of the Act, if it has a value of less than $2,500 (rather than $1,000). Amends the Criminal Code of 2012. Changes the thresholds at which the Code's change-order-related requirements apply. Makes other changes. Effective January 1, 2023.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-01-23 - Public Act . . . . . . . . . 102-1119 [HB4285 Detail]

Download: Illinois-2021-HB4285-Enrolled.html

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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Commission to End Hunger Act is amended by
changing Section 15 as follows:
(20 ILCS 5015/15)
Sec. 15. Members. The Commission to End Hunger shall be
composed of no more than 21 voting members including 2 members
of the Illinois House of Representatives, one appointed by the
Speaker of the House and one appointed by the House Minority
Leader; 2 members of the Illinois Senate, one appointed by the
Senate President and one appointed by the Senate Minority
Leader; one representative of the Office of the Governor
appointed by the Governor; one representative of the Office of
the Lieutenant Governor appointed by the Lieutenant Governor;
and 15 public members, who shall be appointed by the Governor.
The public members shall include 2 representatives of food
banks; 2 representatives from other community food assistance
programs; a representative of a statewide organization focused
on responding to hunger; a representative from an anti-poverty
organization; a representative of an organization that serves
or advocates for children and youth; a representative of an
organization that serves or advocates for older adults; a

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representative of an organization that advocates for people
who are homeless; a representative of an organization that
serves or advocates for persons with disabilities; a
representative of an organization that advocates for
immigrants; a representative of a municipal or county
government; and 3 at-large members. The appointed members
shall reflect the racial, gender, and geographic diversity of
the State and shall include representation from regions of the
State.
The following officials shall serve as ex-officio members:
the Secretary of Human Services or his or her designee; the
State Superintendent of Education or his or her designee; the
Director of Healthcare and Family Services or his or her
designee; the Director of Children and Family Services or his
or her designee; the Director of Aging or his or her designee;
the Director of Natural Resources or his or her designee; and
the Director of Agriculture or his or her designee. The
African-American Family Commission and , the Latino Family
Commission, and the Local Food, Farms, and Jobs Council shall
each designate a liaison to serve ex-officio on the
Commission.
Members shall serve without compensation and are
responsible for the cost of all reasonable and necessary
travel expenses connected to Commission business, as the State
of Illinois will not reimburse Commission members for these
costs.

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Commission members shall be appointed within 60 days after
the effective date of this Act. The Commission shall hold
their initial meetings within 60 days after at least 50% of the
members have been appointed.
The representative of the Office of the Governor and a
representative of a food bank shall serve as co-chairs of the
Commission.
At the first meeting of the Commission, the members shall
select a 5-person Steering Committee that includes the
co-chairs.
The Commission may establish committees that address
specific issues or populations and may appoint individuals
with relevant expertise who are not appointed members of the
Commission to serve on committees as needed.
The Office of the Governor, or a designee of the
Governor's choosing, shall provide guidance to the Commission.
Under the leadership of the Office of the Governor, subject to
appropriation, the Department of Human Services shall also
provide leadership to support the Commission. The Department
of Human Services and the State of Illinois shall not incur any
costs as a result of the creation of the Commission to End
Hunger as the coordination of meetings, report preparation,
and other related duties will be completed by a representative
of a food bank that is serving as a co-chair of the Commission.
(Source: P.A. 96-1119, eff. 7-20-10; 97-419, eff. 8-16-11.)

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Section 10. The State Finance Act is amended by changing
Section 12-2 as follows:
(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
Sec. 12-2. Travel Regulation Council; State travel
reimbursement.
(a) The chairmen of the travel control boards established
by Section 12-1, or their designees, shall together comprise
the Travel Regulation Council. The Travel Regulation Council
shall be chaired by the Director of Central Management
Services, who shall be a nonvoting member of the Council,
unless he is otherwise qualified to vote by virtue of being the
designee of a voting member. No later than March 1, 1986, and
at least biennially thereafter, the Council shall adopt State
Travel Regulations and Reimbursement Rates which shall be
applicable to all personnel subject to the jurisdiction of the
travel control boards established by Section 12-1. An
affirmative vote of a majority of the members of the Council
shall be required to adopt regulations and reimbursement
rates. If the Council fails to adopt regulations by March 1 of
any odd-numbered year, the Director of Central Management
Services shall adopt emergency regulations and reimbursement
rates pursuant to the Illinois Administrative Procedure Act.
As soon as practicable after the effective date of this
amendatory Act of the 102nd General Assembly, the Travel
Regulation Council and the Higher Education Travel Control

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Board shall adopt amendments to their existing rules to ensure
that reimbursement rates for public institutions of higher
education, as defined in Section 1-13 of the Illinois
Procurement Code, are set in accordance with the requirements
of subsection (f) of this Section.
(b) Mileage for automobile travel shall be reimbursed at
the allowance rate in effect under regulations promulgated
pursuant to 5 U.S.C. 5707(b)(2). In the event the rate set
under federal regulations increases or decreases during the
course of the State's fiscal year, the effective date of the
new rate shall be the effective date of the change in the
federal rate.
(c) Rates for reimbursement of expenses other than mileage
shall not exceed the actual cost of travel as determined by the
United States Internal Revenue Service.
(d) Reimbursements to travelers shall be made pursuant to
the rates and regulations applicable to the respective State
agency as of the effective date of this amendatory Act, until
the State Travel Regulations and Reimbursement Rates
established by this Section are adopted and effective.
(e) Lodging in Cook County, Illinois and the District of
Columbia shall be reimbursed at the maximum lodging rate in
effect under regulations promulgated pursuant to 5 U.S.C.
5701-5709. For purposes of this subsection (e), the District
of Columbia shall include the cities and counties included in
the per diem locality of the District of Columbia, as defined

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by the regulations in effect promulgated pursuant to 5 U.S.C.
5701-5709. Individual travel control boards may set a lodging
reimbursement rate more restrictive than the rate set forth in
the federal regulations.
(f) Notwithstanding any other law, travel reimbursement
rates for lodging and mileage for automobile travel, as well
as allowances for meals, shall be set for public institutions
of higher education at the maximum rates established by the
federal government for travel expenses, subsistence expenses,
and mileage allowances under 5 U.S.C. Subchapter I and
regulations promulgated thereunder. If a rate set under
federal regulations increases or decreases in the course of
the State's fiscal year, the effective date of the new rate
shall be the effective date of the change in the federal rate.
(Source: P.A. 96-240, eff. 1-1-10.)
Section 15. The Illinois Procurement Code is amended by
changing Sections 1-13, 1-15.93, 15-25, 20-20, 20-30, 25-90,
30-30, 33-5, 33-50, 50-35, and 55-25 as follows:
(30 ILCS 500/1-13)
Sec. 1-13. Applicability to public institutions of higher
education.
(a) This Code shall apply to public institutions of higher
education, regardless of the source of the funds with which
contracts are paid, except as provided in this Section.

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(b) Except as provided in this Section, this Code shall
not apply to procurements made by or on behalf of public
institutions of higher education for any of the following:
(1) Memberships in professional, academic, research,
or athletic organizations on behalf of a public
institution of higher education, an employee of a public
institution of higher education, or a student at a public
institution of higher education.
(2) Procurement expenditures for events or activities
paid for exclusively by revenues generated by the event or
activity, gifts or donations for the event or activity,
private grants, or any combination thereof.
(3) Procurement expenditures for events or activities
for which the use of specific potential contractors is
mandated or identified by the sponsor of the event or
activity, provided that the sponsor is providing a
majority of the funding for the event or activity.
(4) Procurement expenditures necessary to provide
athletic, artistic or musical services, performances,
events, or productions by or for a public institution of
higher education.
(5) Procurement expenditures for periodicals, books,
subscriptions, database licenses, and other publications
procured for use by a university library or academic
department, except for expenditures related to procuring
textbooks for student use or materials for resale or

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rental.
(6) Procurement expenditures for placement of students
in externships, practicums, field experiences, and for
medical residencies and rotations.
(7) Contracts for programming and broadcast license
rights for university-operated radio and television
stations.
(8) Procurement expenditures necessary to perform
sponsored research and other sponsored activities under
grants and contracts funded by the sponsor or by sources
other than State appropriations.
(9) Contracts with a foreign entity for research or
educational activities, provided that the foreign entity
either does not maintain an office in the United States or
is the sole source of the service or product.
(10) Procurement expenditures for any ongoing software
license or maintenance agreement or competitively
solicited software purchase, when the software, license,
or maintenance agreement is available through only the
software creator or its manufacturer and not a reseller.
(11) Procurement expenditures incurred outside of the
United States for the recruitment of international
students.
Notice of each contract with an annual value of more than
$100,000 entered into by a public institution of higher
education that is related to the procurement of goods and

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services identified in items (1) through (11) (9) of this
subsection shall be published in the Procurement Bulletin
within 14 calendar days after contract execution. The Chief
Procurement Officer shall prescribe the form and content of
the notice. Each public institution of higher education shall
provide the Chief Procurement Officer, on a monthly basis, in
the form and content prescribed by the Chief Procurement
Officer, a report of contracts that are related to the
procurement of goods and services identified in this
subsection. At a minimum, this report shall include the name
of the contractor, a description of the supply or service
provided, the total amount of the contract, the term of the
contract, and the exception to the Code utilized. A copy of any
or all of these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor and
General Assembly no later than November 1 of each year that
shall include, at a minimum, an annual summary of the monthly
information reported to the Chief Procurement Officer.
(b-5) Except as provided in this subsection, the
provisions of this Code shall not apply to contracts for
medical supplies or , and to contracts for medical services
necessary for the delivery of care and treatment at medical,
dental, or veterinary teaching facilities used utilized by
Southern Illinois University or the University of Illinois or
and at any university-operated health care center or

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dispensary that provides care, treatment, and medications for
students, faculty, and staff. Furthermore, the provisions of
this Code do not apply to the procurement by such a facility of
any additional supplies or services that the operator of the
facility deems necessary for the effective use and functioning
of the medical supplies or services that are otherwise exempt
from this Code under this subsection (b-5). However, other
Other supplies and services needed for these teaching
facilities shall be subject to the jurisdiction of the Chief
Procurement Officer for Public Institutions of Higher
Education who may establish expedited procurement procedures
and may waive or modify certification, contract, hearing,
process and registration requirements required by the Code.
All procurements made under this subsection shall be
documented and may require publication in the Illinois
Procurement Bulletin.
(b-10) Procurements made by or on behalf of the University
of Illinois for investment services scheduled to expire June
2022 may be entered into or renewed extended through June 2024
without being subject to the requirements of this Code. Notice
of intent to renew a contract shall be published in the
Illinois Public Higher Education Procurement Bulletin at least
14 days prior to the execution of a renewal, and the University
of Illinois shall hold a public hearing for interested parties
to provide public comment. Any contract extended, renewed, or
entered pursuant to this exception shall be published in on

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the Illinois Public Higher Education Procurement Bulletin
Executive Ethics Commission's website within 5 days of
contract execution. This subsection is inoperative on and
after July 1, 2024.
(c) Procurements made by or on behalf of public
institutions of higher education for the fulfillment of a
grant shall be made in accordance with the requirements of
this Code to the extent practical.
Upon the written request of a public institution of higher
education, the Chief Procurement Officer may waive contract,
registration, certification, and hearing requirements of this
Code if, based on the item to be procured or the terms of a
grant, compliance is impractical. The public institution of
higher education shall provide the Chief Procurement Officer
with specific reasons for the waiver, including the necessity
of contracting with a particular potential contractor, and
shall certify that an effort was made in good faith to comply
with the provisions of this Code. The Chief Procurement
Officer shall provide written justification for any waivers.
By November 1 of each year, the Chief Procurement Officer
shall file a report with the General Assembly identifying each
contract approved with waivers and providing the justification
given for any waivers for each of those contracts. Notice of
each waiver made under this subsection shall be published in
the Procurement Bulletin within 14 calendar days after
contract execution. The Chief Procurement Officer shall

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prescribe the form and content of the notice.
(d) Notwithstanding this Section, a waiver of the
registration requirements of Section 20-160 does not permit a
business entity and any affiliated entities or affiliated
persons to make campaign contributions if otherwise prohibited
by Section 50-37. The total amount of contracts awarded in
accordance with this Section shall be included in determining
the aggregate amount of contracts or pending bids of a
business entity and any affiliated entities or affiliated
persons.
(e) Notwithstanding subsection (e) of Section 50-10.5 of
this Code, the Chief Procurement Officer, with the approval of
the Executive Ethics Commission, may permit a public
institution of higher education to accept a bid or enter into a
contract with a business that assisted the public institution
of higher education in determining whether there is a need for
a contract or assisted in reviewing, drafting, or preparing
documents related to a bid or contract, provided that the bid
or contract is essential to research administered by the
public institution of higher education and it is in the best
interest of the public institution of higher education to
accept the bid or contract. For purposes of this subsection,
"business" includes all individuals with whom a business is
affiliated, including, but not limited to, any officer, agent,
employee, consultant, independent contractor, director,
partner, manager, or shareholder of a business. The Executive

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Ethics Commission may promulgate rules and regulations for the
implementation and administration of the provisions of this
subsection (e).
(f) As used in this Section:
"Grant" means non-appropriated funding provided by a
federal or private entity to support a project or program
administered by a public institution of higher education and
any non-appropriated funding provided to a sub-recipient of
the grant.
"Public institution of higher education" means Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Southern Illinois
University, University of Illinois, Western Illinois
University, and, for purposes of this Code only, the Illinois
Mathematics and Science Academy.
(g) (Blank).
(h) The General Assembly finds and declares that:
(1) Public Act 98-1076, which took effect on January
1, 2015, changed the repeal date set for this Section from
December 31, 2014 to December 31, 2016.
(2) The Statute on Statutes sets forth general rules
on the repeal of statutes and the construction of multiple
amendments, but Section 1 of that Act also states that
these rules will not be observed when the result would be
"inconsistent with the manifest intent of the General

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

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is not intended to supersede any amendment to this Section
that is enacted by the 100th General Assembly.
In this amendatory Act of the 100th General Assembly, the
base text of the reenacted Section is set forth as amended by
Public Act 98-1076. Striking and underscoring is used only to
show changes being made to the base text.
This Section applies to all procurements made on or before
the effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21;
102-721, eff. 5-6-22.)
(30 ILCS 500/1-15.93)
(Section scheduled to be repealed on January 1, 2024)
Sec. 1-15.93. Single prime. "Single prime" means the
design-bid-build procurement delivery method for a building
construction project in which the Capital Development Board or
a public institution of higher education, as defined in
Section 1-13 of this Code, is the construction agency
procuring 2 or more subdivisions of work enumerated in
paragraphs (1) through (5) of subsection (a) of Section 30-30
of this Code under a single contract. This Section is repealed
on January 1, 2026 2024.
(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
102-671, eff. 11-30-21.)

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(30 ILCS 500/15-25)
Sec. 15-25. Bulletin content.
(a) Invitations for bids. Notice of each and every
contract that is offered, including renegotiated contracts and
change orders, shall be published in the Bulletin. The
applicable chief procurement officer may provide by rule an
organized format for the publication of this information, but
in any case it must include at least the date first offered,
the date submission of offers is due, the location that offers
are to be submitted to, the purchasing State agency, the
responsible State purchasing officer, a brief purchase
description, the method of source selection, information of
how to obtain a comprehensive purchase description and any
disclosure and contract forms, and encouragement to potential
contractors to hire qualified veterans, as defined by Section
45-67 of this Code, and qualified Illinois minorities, women,
persons with disabilities, and residents discharged from any
Illinois adult correctional center.
(a-5) All businesses listed on the Illinois Unified
Certification Program Disadvantaged Business Enterprise
Directory, the Business Enterprise Program of the Department
of Central Management Services, and any small business
database created pursuant to Section 45-45 of this Code shall
be furnished written instructions and information on how to
register for the Illinois Procurement Bulletin. This
information shall be provided to each business within 30

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calendar days after the business's notice of certification or
qualification.
(b) Contracts let. Notice of each and every contract that
is let, including renegotiated contracts and change orders,
shall be issued electronically to those bidders submitting
responses to the solicitations, inclusive of the unsuccessful
bidders, immediately upon contract let. Failure of any chief
procurement officer to give such notice shall result in
tolling the time for filing a bid protest up to 7 calendar
days.
For purposes of this subsection (b), "contracts let" means
a construction agency's act of advertising an invitation for
bids for one or more construction projects.
(b-5) Contracts awarded. Notice of each and every contract
that is awarded, including renegotiated contracts and change
orders, shall be issued electronically to the successful
responsible bidder, offeror, or contractor and published in
the Bulletin. The applicable chief procurement officer may
provide by rule an organized format for the publication of
this information, but in any case it must include at least all
of the information specified in subsection (a) as well as the
name of the successful responsible bidder, offeror, the
contract price, the number of unsuccessful bidders or offerors
and any other disclosure specified in any Section of this
Code. This notice must be posted in the online electronic
Bulletin prior to execution of the contract.

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For purposes of this subsection (b-5), "contract award"
means the determination that a particular bidder or offeror
has been selected from among other bidders or offerors to
receive a contract, subject to the successful completion of
final negotiations. "Contract award" is evidenced by the
posting of a Notice of Award or a Notice of Intent to Award to
the respective volume of the Illinois Procurement Bulletin.
(c) Emergency purchase disclosure. Any chief procurement
officer or State purchasing officer exercising emergency
purchase authority under this Code shall publish a written
description and reasons and the total cost, if known, or an
estimate if unknown and the name of the responsible chief
procurement officer and State purchasing officer, and the
business or person contracted with for all emergency purchases
in the Bulletin. The notice for an emergency procurement other
than the extension of an emergency contract This notice must
be posted in the online electronic Bulletin no later than 5
calendar days after the contract is awarded, and notice for
the extension of an emergency contract must be posted in the
online electronic Bulletin no later than 7 calendar days after
the extension is executed. Notice of a hearing to extend an
emergency contract must be posted in the online electronic
Procurement Bulletin no later than 14 calendar days prior to
the hearing.
(c-5) Business Enterprise Program report. Each purchasing
agency shall, with the assistance of the applicable chief

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procurement officer, post in the online electronic Bulletin a
copy of its annual report of utilization of businesses owned
by minorities, women, and persons with disabilities as
submitted to the Business Enterprise Council for Minorities,
Women, and Persons with Disabilities pursuant to Section 6(c)
of the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act within 10 calendar days after its
submission of its report to the Council.
(c-10) Renewals. Notice of each contract renewal shall be
posted in the Bulletin within 14 calendar days of the
determination to execute a renewal of the contract. The notice
shall include at least all of the information required in
subsection (a) or (b), as applicable.
(c-15) Sole source procurements. Before entering into a
sole source contract, a chief procurement officer exercising
sole source procurement authority under this Code shall
publish a written description of intent to enter into a sole
source contract along with a description of the item to be
procured and the intended sole source contractor. This notice
must be posted in the online electronic Procurement Bulletin
before a sole source contract is awarded and at least 14
calendar days before the hearing required by Section 20-25.
(d) Other required disclosure. The applicable chief
procurement officer shall provide by rule for the organized
publication of all other disclosure required in other Sections
of this Code in a timely manner.

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(e) The changes to subsections (b), (c), (c-5), (c-10),
and (c-15) of this Section made by Public Act 96-795 apply to
reports submitted, offers made, and notices on contracts
executed on or after July 1, 2010 (the effective date of Public
Act 96-795). The changes made to subsection (c) by this
amendatory Act of the 102nd General Assembly apply only to
emergency contract extensions executed on or after the
effective date of this amendatory Act of the 102nd General
Assembly.
(f) Each chief procurement officer shall, in consultation
with the agencies under his or her jurisdiction, provide the
Procurement Policy Board with the information and resources
necessary, and in a manner, to effectuate the purpose of
Public Act 96-1444.
(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
100-863, eff. 8-14-18.)
(30 ILCS 500/20-20)
(Text of Section before amendment by P.A. 102-721)
Sec. 20-20. Small purchases.
(a) Amount. Any individual procurement of supplies or
services not exceeding $100,000 and any procurement of
construction not exceeding $100,000, or any individual
procurement of professional or artistic services not exceeding
$100,000 may be made without competitive source selection.
Procurements shall not be artificially divided so as to

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constitute a small purchase under this Section. Any
procurement of construction not exceeding $100,000 may be made
by an alternative competitive source selection. The
construction agency shall establish rules for an alternative
competitive source selection process. This Section does not
apply to construction-related professional services contracts
awarded in accordance with the provisions of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(b) Adjustment. Each July 1, the small purchase maximum
established in subsection (a) shall be adjusted for inflation
as determined by the Consumer Price Index for All Urban
Consumers as determined by the United States Department of
Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules
promulgated by the chief procurement officers, the small
purchase maximum established in subsection (a) may be
modified.
(Source: P.A. 100-43, eff. 8-9-17.)
(Text of Section after amendment by P.A. 102-721)
Sec. 20-20. Small purchases.
(a) Amount. Any individual procurement of supplies or
services not exceeding $100,000 and any procurement of
construction not exceeding $250,000 $100,000, or any
individual procurement of professional or artistic services

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not exceeding $100,000 may be made without competitive source
selection. Procurements shall not be artificially divided so
as to constitute a small purchase under this Section. Any
procurement of construction not exceeding $250,000 $100,000
may be made by an alternative competitive source selection.
The construction agency shall establish rules for an
alternative competitive source selection process. This Section
does not apply to construction-related professional services
contracts awarded in accordance with the provisions of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(b) Adjustment. Each July 1, the small purchase maximum
established in subsection (a) shall be adjusted for inflation
as determined by the Consumer Price Index for All Urban
Consumers as determined by the United States Department of
Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules
promulgated by the chief procurement officers, the small
purchase maximum established in subsection (a) may be
modified.
(d) Certification. All small purchases with an annual
value that exceeds $50,000 shall be accompanied by Standard
Illinois Certifications in a form prescribed by each Chief
Procurement Officer.
(Source: P.A. 102-721, eff. 1-1-23.)

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(30 ILCS 500/20-30)
Sec. 20-30. Emergency purchases.
(a) Conditions for use. In accordance with standards set
by rule, a purchasing agency may make emergency procurements
without competitive sealed bidding or prior notice when there
exists a threat to public health or public safety, or when
immediate expenditure is necessary for repairs to State
property in order to protect against further loss of or damage
to State property, to prevent or minimize serious disruption
in critical State services that affect health, safety, or
collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term
of the emergency purchase shall be limited to the time
reasonably needed for a competitive procurement, not to exceed
90 calendar days. A contract may be extended beyond 90
calendar days with the approval of if the chief procurement
officer determines additional time is necessary and that the
contract scope and duration are limited to the emergency.
Prior to execution of the extension, the chief procurement
officer shall receive must hold a public hearing and provide
written justification for the extension all emergency
contracts. The duration of the extension shall be limited to
the scope of the emergency. Members of the public may present
testimony. Emergency procurements shall be made with as much
competition as is practicable under the circumstances, and
agencies shall use utilize best efforts to include contractors

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certified under the Business Enterprise Program in the
agencies' its emergency procurement process. A written
description of the basis for the emergency and reasons for the
selection of the particular contractor shall be included in
the contract file.
(b) Notice. Notice of all emergency procurements shall be
provided to the Procurement Policy Board and the Commission on
Equity and Inclusion and published in the online electronic
Bulletin no later than 5 calendar days after the contract is
awarded. Notice of the extension of intent to extend an
emergency contract shall be provided to the Procurement Policy
Board and the Commission on Equity and Inclusion and published
in the online electronic Bulletin no later than 7 calendar
days after the extension is executed at least 14 calendar days
before the public hearing. Notice shall include at least a
description of the need for the emergency purchase and , the
contractor, and if applicable, the date, time, and location of
the public hearing. A copy of this notice and all documents
provided at the hearing shall be included in the subsequent
Procurement Bulletin. Before the next appropriate volume of
the Illinois Procurement Bulletin, the purchasing agency shall
publish in the Illinois Procurement Bulletin a copy of each
written description and reasons and the total cost of each
emergency procurement made during the previous month. When
only an estimate of the total cost is known at the time of
publication, the estimate shall be identified as an estimate

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and published. When the actual total cost is determined, it
shall also be published in like manner before the 10th day of
the next succeeding month.
(c) Statements. A chief procurement officer making a
procurement under this Section shall file statements with the
Procurement Policy Board, the Commission on Equity and
Inclusion, and the Auditor General within 10 calendar days
after the procurement setting forth the amount expended, the
name of the contractor involved, and the conditions and
circumstances requiring the emergency procurement. When only
an estimate of the cost is available within 10 calendar days
after the procurement, the actual cost shall be reported
immediately after it is determined. At the end of each fiscal
quarter, the Auditor General shall file with the Legislative
Audit Commission and the Governor a complete listing of all
emergency procurements reported during that fiscal quarter.
The Legislative Audit Commission shall review the emergency
procurements so reported and, in its annual reports, advise
the General Assembly of procurements that appear to constitute
an abuse of this Section.
(d) Quick purchases. The chief procurement officer may
promulgate rules extending the circumstances by which a
purchasing agency may make purchases under this Section,
including but not limited to the procurement of items
available at a discount for a limited period of time.
(d-5) The chief procurement officer shall adopt rules

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regarding the use of contractors certified in the Business
Enterprise Program in emergency and quick purchase
procurements.
(e) The changes to this Section made by this amendatory
Act of the 102nd 96th General Assembly apply to procurements
executed on or after its effective date.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
(30 ILCS 500/25-90)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 25-90. Prohibited and authorized cybersecurity
Cybersecurity prohibited products. State agencies are
prohibited from purchasing any products that, due to
cybersecurity risks, are prohibited for purchase by federal
agencies pursuant to a United States Department of Homeland
Security Binding Operational Directive. However, a State
agency or public institution of higher education may purchase
those offerings that are included in the Authorized Product
List maintained by StateRAMP and that have been verified by
StateRAMP as having an authorized security status.
(Source: P.A. 102-753, eff. 1-1-23.)
(30 ILCS 500/30-30)
Sec. 30-30. Design-bid-build construction.
(a) The provisions of this subsection are operative

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through December 31, 2025 2023.
Except as provided in subsection (a-5), for For building
construction contracts in excess of $250,000, separate
specifications may be prepared for all equipment, labor, and
materials in connection with the following 5 subdivisions of
the work to be performed:
(1) plumbing;
(2) heating, piping, refrigeration, and automatic
temperature control systems, including the testing and
balancing of those systems;
(3) ventilating and distribution systems for
conditioned air, including the testing and balancing of
those systems;
(4) electric wiring; and
(5) general contract work.
Except as provided in subsection (a-5), the The
specifications may be so drawn as to permit separate and
independent bidding upon each of the 5 subdivisions of work.
All contracts awarded for any part thereof may award the 5
subdivisions of work separately to responsible and reliable
persons, firms, or corporations engaged in these classes of
work. The contracts, at the discretion of the construction
agency, may be assigned to the successful bidder on the
general contract work or to the successful bidder on the
subdivision of work designated by the construction agency
before the bidding as the prime subdivision of work, provided

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that all payments will be made directly to the contractors for
the 5 subdivisions of work upon compliance with the conditions
of the contract.
Beginning on the effective date of this amendatory Act of
the 101st General Assembly and through December 31, 2025 2023,
for single prime projects: (i) the bid of the successful low
bidder shall identify the name of the subcontractor, if any,
and the bid proposal costs for each of the 5 subdivisions of
work set forth in this Section; (ii) the contract entered into
with the successful bidder shall provide that no identified
subcontractor may be terminated without the written consent of
the Capital Development Board; (iii) the contract shall comply
with the disadvantaged business practices of the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act and the equal employment practices of Section
2-105 of the Illinois Human Rights Act; and (iv) the Capital
Development Board shall submit an annual report to the General
Assembly and Governor on the bidding, award, and performance
of all single prime projects.
For building construction projects with a total
construction cost valued at $5,000,000 or less, the Capital
Development Board shall not use the single prime procurement
delivery method for more than 50% of the total number of
projects bid for each fiscal year. Any project with a total
construction cost valued greater than $5,000,000 may be bid
using single prime at the discretion of the Executive Director

HB4285 Enrolled - 29 - LRB102 21927 RJF 31050 b
of the Capital Development Board.
(a-5) Beginning on the effective date of this amendatory
Act of the 102nd General Assembly and through December 31,
2025, for single prime projects in which a public institution
of higher education is a construction agency awarding building
construction contracts in excess of $250,000, separate
specifications may be prepared for all equipment, labor, and
materials in connection with the 5 subdivisions of work
enumerated in subsection (a). Any public institution of higher
education contract awarded for any part thereof may award 2 or
more of the 5 subdivisions of work together or separately to
responsible and reliable persons, firms, or corporations
engaged in these classes of work if: (i) the public
institution of higher education has submitted to the
Procurement Policy Board and the Commission on Equity and
Inclusion a written notice that includes the reasons for using
the single prime method and an explanation of why the use of
that method is in the best interest of the State and arranges
to have the notice posted on the institution's online
procurement webpage and its online procurement bulletin at
least 3 business days following submission to the Procurement
Policy Board and the Commission on Equity and Inclusion; (ii)
the successful low bidder has prequalified with the public
institution of higher education; (iii) the bid of the
successful low bidder identifies the name of the
subcontractor, if any, and the bid proposal costs for each of

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the 5 subdivisions of work set forth in subsection (a); (iv)
the contract entered into with the successful bidder provides
that no identified subcontractor may be terminated without the
written consent of the public institution of higher education;
and (v) the successful low bidder has prequalified with the
University of Illinois or with the Capital Development Board.
For building construction projects with a total
construction cost valued at $20,000,000 or less, public
institutions of higher education shall not use the single
prime delivery method for more than 50% of the total number of
projects bid for each fiscal year. Projects with a total
construction cost valued at $20,000,000 or more may be bid
using the single prime delivery method at the discretion of
the public institution of higher education. With respect to
any construction project described in this subsection (a-5),
the public institution of higher education shall: (i) specify
in writing as a public record that the project shall comply
with the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act and the equal employment
practices of Section 2-105 of the Illinois Human Rights Act;
and (ii) report annually to the Governor, General Assembly,
Procurement Policy Board, and Auditor General on the bidding,
award, and performance of all single prime projects. On and
after the effective date of this amendatory Act of the 102nd
General Assembly, the public institution of higher education
may award in each fiscal year single prime contracts with an

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aggregate total value of no more than $100,000,000. The Board
of Trustees of the University of Illinois may award in each
fiscal year single prime contracts with an aggregate total
value of not more than $300,000,000.
(b) The provisions of this subsection are operative on and
after January 1, 2026 2024. For building construction
contracts in excess of $250,000, separate specifications shall
be prepared for all equipment, labor, and materials in
connection with the following 5 subdivisions of the work to be
performed:
(1) plumbing;
(2) heating, piping, refrigeration, and automatic
temperature control systems, including the testing and
balancing of those systems;
(3) ventilating and distribution systems for
conditioned air, including the testing and balancing of
those systems;
(4) electric wiring; and
(5) general contract work.
The specifications must be so drawn as to permit separate
and independent bidding upon each of the 5 subdivisions of
work. All contracts awarded for any part thereof shall award
the 5 subdivisions of work separately to responsible and
reliable persons, firms, or corporations engaged in these
classes of work. The contracts, at the discretion of the
construction agency, may be assigned to the successful bidder

HB4285 Enrolled - 32 - LRB102 21927 RJF 31050 b
on the general contract work or to the successful bidder on the
subdivision of work designated by the construction agency
before the bidding as the prime subdivision of work, provided
that all payments will be made directly to the contractors for
the 5 subdivisions of work upon compliance with the conditions
of the contract.
(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
102-671, eff. 11-30-21.)
(30 ILCS 500/33-5)
Sec. 33-5. Definitions. In this Article:
"Construction management services" includes:
(1) services provided in the planning and
pre-construction phases of a construction project
including, but not limited to, consulting with, advising,
assisting, and making recommendations to the Capital
Development Board and architect, engineer, or licensed
land surveyor on all aspects of planning for project
construction; reviewing all plans and specifications as
they are being developed and making recommendations with
respect to construction feasibility, availability of
material and labor, time requirements for procurement and
construction, and projected costs; making, reviewing, and
refining budget estimates based on the Board's program and
other available information; making recommendations to the
Board and the architect or engineer regarding the division

HB4285 Enrolled - 33 - LRB102 21927 RJF 31050 b
of work in the plans and specifications to facilitate the
bidding and awarding of contracts; soliciting the interest
of capable contractors and taking bids on the project;
analyzing the bids received; and preparing and maintaining
a progress schedule during the design phase of the project
and preparation of a proposed construction schedule; and
(2) services provided in the construction phase of the
project including, but not limited to, maintaining
competent supervisory staff to coordinate and provide
general direction of the work and progress of the
contractors on the project; directing the work as it is
being performed for general conformance with working
drawings and specifications; establishing procedures for
coordinating among the Board, architect or engineer,
contractors, and construction manager with respect to all
aspects of the project and implementing those procedures;
maintaining job site records and making appropriate
progress reports; implementing labor policy in conformance
with the requirements of the public owner; reviewing the
safety and equal opportunity programs of each contractor
for conformance with the public owner's policy and making
recommendations; reviewing and processing all applications
for payment by involved contractors and material suppliers
in accordance with the terms of the contract; making
recommendations and processing requests for changes in the
work and maintaining records of change orders; scheduling

HB4285 Enrolled - 34 - LRB102 21927 RJF 31050 b
and conducting job meetings to ensure orderly progress of
the work; developing and monitoring a project progress
schedule, coordinating and expediting the work of all
contractors and providing periodic status reports to the
owner and the architect or engineer; and establishing and
maintaining a cost control system and conducting meetings
to review costs.
"Construction manager" means any individual, sole
proprietorship, firm, partnership, corporation, or other legal
entity providing construction management services for the
Board and prequalified by the State in accordance with 30 ILCS
500/33-10.
"Board" means the Capital Development Board or, to the
extent that the services are to be procured for a public
institution of higher education, the public institution of
higher education.
(Source: P.A. 94-532, eff. 8-10-05.)
(30 ILCS 500/33-50)
Sec. 33-50. Duties of construction manager; additional
requirements for persons performing construction work.
(a) Upon the award of a construction management services
contract, a construction manager must contract with the Board
to furnish his or her skill and judgment in cooperation with,
and reliance upon, the services of the project architect or
engineer. The construction manager must furnish business

HB4285 Enrolled - 35 - LRB102 21927 RJF 31050 b
administration, management of the construction process, and
other specified services to the Board and must perform his or
her obligations in an expeditious and economical manner
consistent with the interest of the Board. If it is in the
State's best interest, the construction manager may provide or
perform basic services for which reimbursement is provided in
the general conditions to the construction management services
contract.
(b) The actual construction work on the project must be
awarded to contractors under this Code. The Capital
Development Board may further separate additional divisions of
work under this Article. This subsection is subject to the
applicable provisions of the following Acts:
(1) the Prevailing Wage Act;
(2) the Public Construction Bond Act;
(3) the Public Works Employment Discrimination Act;
(4) the Public Works Preference Act (repealed on June
16, 2010 by Public Act 96-929);
(5) the Employment of Illinois Workers on Public Works
Act;
(6) the Public Contract Fraud Act;
(7) (blank); and
(8) the Illinois Architecture Practice Act of 1989,
the Professional Engineering Practice Act of 1989, the
Illinois Professional Land Surveyor Act of 1989, and the
Structural Engineering Practice Act of 1989.

HB4285 Enrolled - 36 - LRB102 21927 RJF 31050 b
(Source: P.A. 101-149, eff. 7-26-19.)
(30 ILCS 500/50-35)
(Text of Section before amendment by P.A. 102-721)
Sec. 50-35. Financial disclosure and potential conflicts
of interest.
(a) All bids and offers from responsive bidders, offerors,
vendors, or contractors with an annual value of more than
$50,000, and all submissions to a vendor portal, shall be
accompanied by disclosure of the financial interests of the
bidder, offeror, potential contractor, or contractor and each
subcontractor to be used. In addition, all subcontracts
identified as provided by Section 20-120 of this Code with an
annual value of more than $50,000 shall be accompanied by
disclosure of the financial interests of each subcontractor.
The financial disclosure of each successful bidder, offeror,
potential contractor, or contractor and its subcontractors
shall be incorporated as a material term of the contract and
shall become part of the publicly available contract or
procurement file maintained by the appropriate chief
procurement officer. Each disclosure under this Section shall
be signed and made under penalty of perjury by an authorized
officer or employee on behalf of the bidder, offeror,
potential contractor, contractor, or subcontractor, and must
be filed with the Procurement Policy Board and the Commission
on Equity and Inclusion.

HB4285 Enrolled - 37 - LRB102 21927 RJF 31050 b
(b) Disclosure shall include any ownership or distributive
income share that is in excess of 5%, or an amount greater than
60% of the annual salary of the Governor, of the disclosing
entity or its parent entity, whichever is less, unless the
bidder, offeror, potential contractor, contractor, or
subcontractor (i) is a publicly traded entity subject to
Federal 10K reporting, in which case it may submit its 10K
disclosure in place of the prescribed disclosure, or (ii) is a
privately held entity that is exempt from Federal 10k
reporting but has more than 100 shareholders, in which case it
may submit the information that Federal 10k reporting
companies are required to report under 17 CFR 229.401 and list
the names of any person or entity holding any ownership share
that is in excess of 5% in place of the prescribed disclosure.
The form of disclosure shall be prescribed by the applicable
chief procurement officer and must include at least the names,
addresses, and dollar or proportionate share of ownership of
each person identified in this Section, their instrument of
ownership or beneficial relationship, and notice of any
potential conflict of interest resulting from the current
ownership or beneficial relationship of each individual
identified in this Section having in addition any of the
following relationships:
(1) State employment, currently or in the previous 3
years, including contractual employment of services.
(2) State employment of spouse, father, mother, son,

HB4285 Enrolled - 38 - LRB102 21927 RJF 31050 b
or daughter, including contractual employment for services
in the previous 2 years.
(3) Elective status; the holding of elective office of
the State of Illinois, the government of the United
States, any unit of local government authorized by the
Constitution of the State of Illinois or the statutes of
the State of Illinois currently or in the previous 3
years.
(4) Relationship to anyone holding elective office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(5) Appointive office; the holding of any appointive
government office of the State of Illinois, the United
States of America, or any unit of local government
authorized by the Constitution of the State of Illinois or
the statutes of the State of Illinois, which office
entitles the holder to compensation in excess of expenses
incurred in the discharge of that office currently or in
the previous 3 years.
(6) Relationship to anyone holding appointive office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(7) Employment, currently or in the previous 3 years,
as or by any registered lobbyist of the State government.
(8) Relationship to anyone who is or was a registered
lobbyist in the previous 2 years; spouse, father, mother,

HB4285 Enrolled - 39 - LRB102 21927 RJF 31050 b
son, or daughter.
(9) Compensated employment, currently or in the
previous 3 years, by any registered election or
re-election committee registered with the Secretary of
State or any county clerk in the State of Illinois, or any
political action committee registered with either the
Secretary of State or the Federal Board of Elections.
(10) Relationship to anyone; spouse, father, mother,
son, or daughter; who is or was a compensated employee in
the last 2 years of any registered election or re-election
committee registered with the Secretary of State or any
county clerk in the State of Illinois, or any political
action committee registered with either the Secretary of
State or the Federal Board of Elections.
(b-1) The disclosure required under this Section must also
include the name and address of each lobbyist required to
register under the Lobbyist Registration Act and other agent
of the bidder, offeror, potential contractor, contractor, or
subcontractor who is not identified under subsections (a) and
(b) and who has communicated, is communicating, or may
communicate with any State officer or employee concerning the
bid or offer. The disclosure under this subsection is a
continuing obligation and must be promptly supplemented for
accuracy throughout the process and throughout the term of the
contract if the bid or offer is successful.
(b-2) The disclosure required under this Section must also

HB4285 Enrolled - 40 - LRB102 21927 RJF 31050 b
include, for each of the persons identified in subsection (b)
or (b-1), each of the following that occurred within the
previous 10 years: suspension or debarment from contracting
with any governmental entity; professional licensure
discipline; bankruptcies; adverse civil judgments and
administrative findings; and criminal felony convictions. The
disclosure under this subsection is a continuing obligation
and must be promptly supplemented for accuracy throughout the
process and throughout the term of the contract if the bid or
offer is successful.
(c) The disclosure in subsection (b) is not intended to
prohibit or prevent any contract. The disclosure is meant to
fully and publicly disclose any potential conflict to the
chief procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately
discharge their duty to protect the State.
(d) When a potential for a conflict of interest is
identified, discovered, or reasonably suspected, the chief
procurement officer or State procurement officer shall send
the contract to the Procurement Policy Board and the
Commission on Equity and Inclusion. In accordance with the
objectives of subsection (c), if the Procurement Policy Board
or the Commission on Equity and Inclusion finds evidence of a
potential conflict of interest not originally disclosed by the
bidder, offeror, potential contractor, contractor, or
subcontractor, the Board or the Commission on Equity and

HB4285 Enrolled - 41 - LRB102 21927 RJF 31050 b
Inclusion shall provide written notice to the bidder, offeror,
potential contractor, contractor, or subcontractor that is
identified, discovered, or reasonably suspected of having a
potential conflict of interest. The bidder, offeror, potential
contractor, contractor, or subcontractor shall have 15
calendar days to respond in writing to the Board or the
Commission on Equity and Inclusion, and a hearing before the
Board or the Commission on Equity and Inclusion will be
granted upon request by the bidder, offeror, potential
contractor, contractor, or subcontractor, at a date and time
to be determined by the Board or the Commission on Equity and
Inclusion, but which in no event shall occur later than 15
calendar days after the date of the request. Upon
consideration, the Board or the Commission on Equity and
Inclusion shall recommend, in writing, whether to allow or
void the contract, bid, offer, or subcontract weighing the
best interest of the State of Illinois. All recommendations
shall be submitted to the Executive Ethics Commission. The
Executive Ethics Commission must hold a public hearing within
30 calendar days after receiving the Board's or the Commission
on Equity and Inclusion's recommendation if the Procurement
Policy Board or the Commission on Equity and Inclusion makes a
recommendation to (i) void a contract or (ii) void a bid or
offer and the chief procurement officer selected or intends to
award the contract to the bidder, offeror, or potential
contractor. A chief procurement officer is prohibited from

HB4285 Enrolled - 42 - LRB102 21927 RJF 31050 b
awarding a contract before a hearing if the Board or the
Commission on Equity and Inclusion recommendation does not
support a bid or offer. The recommendation and proceedings of
any hearing, if applicable, shall be available to the public.
(e) These thresholds and disclosure do not relieve the
chief procurement officer, the State purchasing officer, or
their designees from reasonable care and diligence for any
contract, bid, offer, or submission to a vendor portal. The
chief procurement officer, the State purchasing officer, or
their designees shall be responsible for using any reasonably
known and publicly available information to discover any
undisclosed potential conflict of interest and act to protect
the best interest of the State of Illinois.
(f) Inadvertent or accidental failure to fully disclose
shall render the contract, bid, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer if
he or she deems it in the best interest of the State of
Illinois and, at his or her discretion, may be cause for
barring from future contracts, bids, offers, proposals,
subcontracts, or relationships with the State for a period of
up to 2 years.
(g) Intentional, willful, or material failure to disclose
shall render the contract, bid, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer if
he or she deems it in the best interest of the State of
Illinois and shall result in debarment from future contracts,

HB4285 Enrolled - 43 - LRB102 21927 RJF 31050 b
bids, offers, proposals, subcontracts, or relationships for a
period of not less than 2 years and not more than 10 years.
Reinstatement after 2 years and before 10 years must be
reviewed and commented on in writing by the Governor of the
State of Illinois, or by an executive ethics board or
commission he or she might designate. The comment shall be
returned to the responsible chief procurement officer who must
rule in writing whether and when to reinstate.
(h) In addition, all disclosures shall note any other
current or pending contracts, bids, offers, proposals,
subcontracts, leases, or other ongoing procurement
relationships the bidder, offeror, potential contractor,
contractor, or subcontractor has with any other unit of State
government and shall clearly identify the unit and the
contract, offer, proposal, lease, or other relationship.
(i) The bidder, offeror, potential contractor, or
contractor has a continuing obligation to supplement the
disclosure required by this Section throughout the bidding
process during the term of any contract, and during the vendor
portal registration process.
(Source: P.A. 101-657, eff. 1-1-22.)
(Text of Section after amendment by P.A. 102-721)
Sec. 50-35. Financial disclosure and potential conflicts
of interest.
(a) All bids and offers from responsive bidders, offerors,

HB4285 Enrolled - 44 - LRB102 21927 RJF 31050 b
vendors, or contractors with an annual value that exceeds the
small purchase threshold established under subsection (a) of
Section 20-20 of this Code, and all submissions to a vendor
portal, shall be accompanied by disclosure of the financial
interests of the bidder, offeror, potential contractor, or
contractor and each subcontractor to be used. In addition, all
subcontracts identified as provided by Section 20-120 of this
Code with an annual value that exceeds the small purchase
threshold established under subsection (a) of Section 20-20 of
this Code shall be accompanied by disclosure of the financial
interests of each subcontractor. The financial disclosure of
each successful bidder, offeror, potential contractor, or
contractor and its subcontractors shall be incorporated as a
material term of the contract and shall become part of the
publicly available contract or procurement file maintained by
the appropriate chief procurement officer. Each disclosure
under this Section shall be signed and made under penalty of
perjury by an authorized officer or employee on behalf of the
bidder, offeror, potential contractor, contractor, or
subcontractor, and must be filed with the Procurement Policy
Board and the Commission on Equity and Inclusion.
(b) Disclosure shall include any ownership or distributive
income share that is in excess of 5%, or an amount greater than
60% of the annual salary of the Governor, of the disclosing
entity or its parent entity, whichever is less, unless the
bidder, offeror, potential contractor, contractor, or

HB4285 Enrolled - 45 - LRB102 21927 RJF 31050 b
subcontractor (i) is a publicly traded entity subject to
Federal 10K reporting, in which case it may submit its 10K
disclosure in place of the prescribed disclosure, or (ii) is a
privately held entity that is exempt from Federal 10k
reporting but has more than 100 shareholders, in which case it
may submit the information that Federal 10k reporting
companies are required to report under 17 CFR 229.401 and list
the names of any person or entity holding any ownership share
that is in excess of 5% in place of the prescribed disclosure.
The form of disclosure shall be prescribed by the applicable
chief procurement officer and must include at least the names,
addresses, and dollar or proportionate share of ownership of
each person identified in this Section, their instrument of
ownership or beneficial relationship, and notice of any
potential conflict of interest resulting from the current
ownership or beneficial relationship of each individual
identified in this Section having in addition any of the
following relationships:
(1) State employment, currently or in the previous 3
years, including contractual employment of services.
(2) State employment of spouse, father, mother, son,
or daughter, including contractual employment for services
in the previous 2 years.
(3) Elective status; the holding of elective office of
the State of Illinois, the government of the United
States, any unit of local government authorized by the

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Constitution of the State of Illinois or the statutes of
the State of Illinois currently or in the previous 3
years.
(4) Relationship to anyone holding elective office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(5) Appointive office; the holding of any appointive
government office of the State of Illinois, the United
States of America, or any unit of local government
authorized by the Constitution of the State of Illinois or
the statutes of the State of Illinois, which office
entitles the holder to compensation in excess of expenses
incurred in the discharge of that office currently or in
the previous 3 years.
(6) Relationship to anyone holding appointive office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(7) Employment, currently or in the previous 3 years,
as or by any registered lobbyist of the State government.
(8) Relationship to anyone who is or was a registered
lobbyist in the previous 2 years; spouse, father, mother,
son, or daughter.
(9) Compensated employment, currently or in the
previous 3 years, by any registered election or
re-election committee registered with the Secretary of
State or any county clerk in the State of Illinois, or any

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political action committee registered with either the
Secretary of State or the Federal Board of Elections.
(10) Relationship to anyone; spouse, father, mother,
son, or daughter; who is or was a compensated employee in
the last 2 years of any registered election or re-election
committee registered with the Secretary of State or any
county clerk in the State of Illinois, or any political
action committee registered with either the Secretary of
State or the Federal Board of Elections.
(b-1) The disclosure required under this Section must also
include the name and address of each lobbyist required to
register under the Lobbyist Registration Act and other agent
of the bidder, offeror, potential contractor, contractor, or
subcontractor who is not identified under subsections (a) and
(b) and who has communicated, is communicating, or may
communicate with any State officer or employee concerning the
bid or offer. The disclosure under this subsection is a
continuing obligation and must be promptly supplemented for
accuracy throughout the process and throughout the term of the
contract if the bid or offer is successful.
(b-2) The disclosure required under this Section must also
include, for each of the persons identified in subsection (b)
or (b-1), each of the following that occurred within the
previous 10 years: suspension or debarment from contracting
with any governmental entity; professional licensure
discipline; bankruptcies; adverse civil judgments and

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administrative findings; and criminal felony convictions. The
disclosure under this subsection is a continuing obligation
and must be promptly supplemented for accuracy throughout the
process and throughout the term of the contract if the bid or
offer is successful.
(c) The disclosure in subsection (b) is not intended to
prohibit or prevent any contract. The disclosure is meant to
fully and publicly disclose any potential conflict to the
chief procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately
discharge their duty to protect the State.
(d) When a potential for a conflict of interest is
identified, discovered, or reasonably suspected, the chief
procurement officer or State procurement officer shall send
the contract to the Procurement Policy Board and the
Commission on Equity and Inclusion. In accordance with the
objectives of subsection (c), if the Procurement Policy Board
or the Commission on Equity and Inclusion finds evidence of a
potential conflict of interest not originally disclosed by the
bidder, offeror, potential contractor, contractor, or
subcontractor, the Board or the Commission on Equity and
Inclusion shall provide written notice to the bidder, offeror,
potential contractor, contractor, or subcontractor that is
identified, discovered, or reasonably suspected of having a
potential conflict of interest. The bidder, offeror, potential
contractor, contractor, or subcontractor shall have 15

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calendar days to respond in writing to the Board or the
Commission on Equity and Inclusion, and a hearing before the
Board or the Commission on Equity and Inclusion will be
granted upon request by the bidder, offeror, potential
contractor, contractor, or subcontractor, at a date and time
to be determined by the Board or the Commission on Equity and
Inclusion, but which in no event shall occur later than 15
calendar days after the date of the request. Upon
consideration, the Board or the Commission on Equity and
Inclusion shall recommend, in writing, whether to allow or
void the contract, bid, offer, or subcontract weighing the
best interest of the State of Illinois. All recommendations
shall be submitted to the Executive Ethics Commission. Those
recommendations made concerning conflicts identified in the
course of a procurement for a public institution of higher
education are, for procurements having a cumulative value
under $5,000, valid and enforceable, for one calendar year
after the initial recommendation was made, for all subsequent
conflicts for that vendor with regard to the same public
institution of higher education. The Executive Ethics
Commission must hold a public hearing within 30 calendar days
after receiving the Board's or the Commission on Equity and
Inclusion's recommendation if the Procurement Policy Board or
the Commission on Equity and Inclusion makes a recommendation
to (i) void a contract or (ii) void a bid or offer and the
chief procurement officer selected or intends to award the

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contract to the bidder, offeror, or potential contractor. A
chief procurement officer is prohibited from awarding a
contract before a hearing if the Board or the Commission on
Equity and Inclusion recommendation does not support a bid or
offer. The recommendation and proceedings of any hearing, if
applicable, shall be available to the public.
(e) These thresholds and disclosure do not relieve the
chief procurement officer, the State purchasing officer, or
their designees from reasonable care and diligence for any
contract, bid, offer, or submission to a vendor portal. The
chief procurement officer, the State purchasing officer, or
their designees shall be responsible for using any reasonably
known and publicly available information to discover any
undisclosed potential conflict of interest and act to protect
the best interest of the State of Illinois.
(f) Inadvertent or accidental failure to fully disclose
shall render the contract, bid, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer if
he or she deems it in the best interest of the State of
Illinois and, at his or her discretion, may be cause for
barring from future contracts, bids, offers, proposals,
subcontracts, or relationships with the State for a period of
up to 2 years.
(g) Intentional, willful, or material failure to disclose
shall render the contract, bid, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer if

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he or she deems it in the best interest of the State of
Illinois and shall result in debarment from future contracts,
bids, offers, proposals, subcontracts, or relationships for a
period of not less than 2 years and not more than 10 years.
Reinstatement after 2 years and before 10 years must be
reviewed and commented on in writing by the Governor of the
State of Illinois, or by an executive ethics board or
commission he or she might designate. The comment shall be
returned to the responsible chief procurement officer who must
rule in writing whether and when to reinstate.
(h) In addition, all disclosures shall note any other
current or pending contracts, bids, offers, proposals,
subcontracts, leases, or other ongoing procurement
relationships the bidder, offeror, potential contractor,
contractor, or subcontractor has with any other unit of State
government and shall clearly identify the unit and the
contract, offer, proposal, lease, or other relationship.
(i) The bidder, offeror, potential contractor, or
contractor has a continuing obligation to supplement the
disclosure required by this Section throughout the bidding
process during the term of any contract, and during the vendor
portal registration process.
(j) If a bid or offer is received from a responsive bidder,
offeror, vendor, contractor, or subcontractor with an annual
value of more than $100,000 and the bidder, offeror, vendor,
contractor, or subcontractor has an active contract with that

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same entity and already has submitted their financial
disclosures and potential conflicts of interest within the
last 12 months, the bidder, offeror, vendor, contractor, or
subcontractor may submit a signed affidavit attesting that the
original submission of its financial disclosures and potential
conflicts of interests has not been altered or changed. The
form and content of the affidavit shall be prescribed by the
applicable chief procurement officer.
(Source: P.A. 101-657, eff. 1-1-22; 102-721, eff. 1-1-23.)
(30 ILCS 500/55-25)
(Section scheduled to be repealed on January 1, 2025)
Sec. 55-25. State Procurement Task Force.
(a) There is hereby created the State Procurement Task
Force.
(b) The task force shall survey the State procurement
process and make recommendations to: (i) ensure that the
process is equitable and efficient; (ii) provide departments
with the flexibility needed to be successful; (iii) change the
current structure of the procurement process; (iv) update the
process to reflect modern procurement methods; (v) increase
women-owned and minority-owned business participation; (vi)
increase participation by Illinois vendors; and (vii) reduce
costs and increase efficiency of State procurements.
(c) The task force shall consist of the following members:
(1) 4 members of the House of Representatives,

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appointed by the Speaker of the House of Representatives,
one of whom shall serve as co-chair of the Task Force;
(2) 4 members of the Senate, appointed by the
President of the Senate, one of whom shall serve as
co-chair of the Task Force;
(3) 3 members of the House of Representatives,
appointed by the Minority Leader of the House of
Representatives;
(4) 3 members of the Senate, appointed by the Minority
Leader of the Senate;
(5) 1 member representing State institutions of higher
education, appointed by the President of the Senate;
(6) 1 member representing State institutions of higher
education, appointed by the Speaker of the House of
Representatives;
(7) 5 members representing vendors, with one each
appointed by the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Minority
Leader of the House of Representatives, and the Minority
Leader of the Senate;
(8) 5 members of the public representing women-owned
and minority-owned businesses, with one each appointed by
the Governor, the Speaker of the House of Representatives,
the President of the Senate, the Minority Leader of the
House of Representatives, and the Minority Leader of the
Senate;

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(9) 1 member from the Department of Central Management
Services, appointed by the Governor;
(10) 1 member from the Department of Transportation,
appointed by the Governor;
(11) 1 member from the Department of Information and
Technology, appointed by the Governor;
(12) 1 Chief Procurement Officer, appointed by the
Governor; and
(13) the Chairperson of the Commission on Equity and
Inclusion, who shall serve as Chair of the Task Force.
(d) Members of the task force shall serve without
compensation for the duration of the task force.
(e) As soon as practicable after all members have been
appointed, the task force shall hold its first meeting. The
task force shall hold at least 7 meetings.
(f) The Procurement Policy Board Department of Central
Management Services shall provide administrative and other
support to the task force.
(g) The task force shall from time to time submit reports
of its findings and recommendations on its survey of State
procurement processes to the Governor and the General
Assembly. By February 1, 2023 November 1, 2022, the task force
shall submit a report to the Governor and General Assembly
reporting findings and recommendations specifically including
any proposed recommendations to: (i) alter the current
structure and number of Chief Procurement Officers; (ii) enact

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or modify cure periods in the Procurement Code that allow a
potentially successful vendor to correct technical
deficiencies in the vendor's bid; (iii) enact measures that
increase efficiency, modernization, or reduce costs within the
procurement system; and (iv) increase women-owned and
minority-owned business participation. On or before January 1,
2024, the task force shall submit a report of its findings and
recommendations on its survey of State procurement processes
to the Governor and the General Assembly.
(h) This Section is repealed on January 1, 2025.
(Source: P.A. 102-721, eff. 5-6-22.)
Section 20. The Design-Build Procurement Act is amended by
changing Sections 5, 10, and 90 as follows:
(30 ILCS 537/5)
(Section scheduled to be repealed on July 1, 2027)
Sec. 5. Legislative policy. It is the intent of the
General Assembly that the State construction agency Capital
Development Board be allowed to use the design-build delivery
method for public projects if it is shown to be in the State's
best interest for that particular project. It shall be the
policy of the State construction agency Capital Development
Board in the procurement of design-build services to publicly
announce all requirements for design-build services and to
procure these services on the basis of demonstrated competence

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and qualifications and with due regard for the principles of
competitive selection.
The State construction agency Capital Development Board
shall, prior to issuing requests for proposals, promulgate and
publish procedures for the solicitation and award of contracts
pursuant to this Act.
The State construction agency Capital Development Board
shall, for each public project or projects permitted under
this Act, make a written determination, including a
description as to the particular advantages of the
design-build procurement method, that it is in the best
interests of this State to enter into a design-build contract
for the project or projects. In making that determination, the
following factors shall be considered:
(1) The probability that the design-build procurement
method will be in the best interests of the State by
providing a material savings of time or cost over the
design-bid-build or other delivery system.
(2) The type and size of the project and its
suitability to the design-build procurement method.
(3) The ability of the State construction agency to
define and provide comprehensive scope and performance
criteria for the project.
No State construction agency may use a design-build
procurement method unless the agency determines in writing
that the project will comply with the disadvantaged business

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and equal employment practices of the State as established in
the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act and Section 2-105 of the Illinois Human
Rights Act.
The State construction agency Capital Development Board
shall within 15 days after the initial determination provide
an advisory copy to the Procurement Policy Board and maintain
the full record of determination for 5 years.
(Source: P.A. 100-391, eff. 8-25-17.)
(30 ILCS 537/10)
(Section scheduled to be repealed on July 1, 2027)
Sec. 10. Definitions. As used in this Act:
"State construction agency" means the Capital Development
Board or, in the case of a design-build procurement for a
public institution of higher education, the public institution
of higher education.
"Delivery system" means the design and construction
approach used to develop and construct a project.
"Design-bid-build" means the traditional delivery system
used on public projects in this State that incorporates the
Architectural, Engineering, and Land Surveying Qualification
Based Selection Act (30 ILCS 535/) and the principles of
competitive selection in the Illinois Procurement Code (30
ILCS 500/).
"Design-build" means a delivery system that provides

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responsibility within a single contract for the furnishing of
architecture, engineering, land surveying and related services
as required, and the labor, materials, equipment, and other
construction services for the project.
"Design-build contract" means a contract for a public
project under this Act between the State construction agency
and a design-build entity to furnish architecture,
engineering, land surveying, and related services as required,
and to furnish the labor, materials, equipment, and other
construction services for the project. The design-build
contract may be conditioned upon subsequent refinements in
scope and price and may allow the State construction agency to
make modifications in the project scope without invalidating
the design-build contract.
"Design-build entity" means any individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that proposes to
design and construct any public project under this Act. A
design-build entity and associated design-build professionals
shall conduct themselves in accordance with the laws of this
State and the related provisions of the Illinois
Administrative Code, as referenced by the licensed design
professionals Acts of this State.
"Design professional" means any individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that offers services

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under the Illinois Architecture Practice Act of 1989 (225 ILCS
305/), the Professional Engineering Practice Act of 1989 (225
ILCS 325/), the Structural Engineering Licensing Act of 1989
(225 ILCS 340/), or the Illinois Professional Land Surveyor
Act of 1989 (225 ILCS 330/).
"Evaluation criteria" means the requirements for the
separate phases of the selection process as defined in this
Act and may include the specialized experience, technical
qualifications and competence, capacity to perform, past
performance, experience with similar projects, assignment of
personnel to the project, and other appropriate factors. Price
may not be used as a factor in the evaluation of Phase I
proposals.
"Proposal" means the offer to enter into a design-build
contract as submitted by a design-build entity in accordance
with this Act.
"Public institution of higher education" has the meaning
ascribed in subsection (f) of Section 1-13 of the Illinois
Procurement Code.
"Request for proposal" means the document used by the
State construction agency to solicit proposals for a
design-build contract.
"Scope and performance criteria" means the requirements
for the public project, including but not limited to, the
intended usage, capacity, size, scope, quality and performance
standards, life-cycle costs, and other programmatic criteria

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that are expressed in performance-oriented and quantifiable
specifications and drawings that can be reasonably inferred
and are suited to allow a design-build entity to develop a
proposal.
(Source: P.A. 94-716, eff. 12-13-05.)
(30 ILCS 537/90)
(Section scheduled to be repealed on July 1, 2027)
Sec. 90. Repealer. This Act is repealed on January 1, 2026
July 1, 2027.
(Source: P.A. 102-1016, eff. 5-27-22.)
Section 25. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by changing
Sections 2 and 4 as follows:
(30 ILCS 575/2)
(Section scheduled to be repealed on June 30, 2024)
Sec. 2. Definitions.
(A) For the purpose of this Act, the following terms shall
have the following definitions:
(1) "Minority person" shall mean a person who is a
citizen or lawful permanent resident of the United States
and who is any of the following:
(a) American Indian or Alaska Native (a person
having origins in any of the original peoples of North

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and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(c) Black or African American (a person having
origins in any of the black racial groups of Africa).
(d) Hispanic or Latino (a person of Cuban,
Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples
of Hawaii, Guam, Samoa, or other Pacific Islands).
(2) "Woman" shall mean a person who is a citizen or
lawful permanent resident of the United States and who is
of the female gender.
(2.05) "Person with a disability" means a person who
is a citizen or lawful resident of the United States and is
a person qualifying as a person with a disability under
subdivision (2.1) of this subsection (A).
(2.1) "Person with a disability" means a person with a
severe physical or mental disability that:
(a) results from:

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amputation,
arthritis,
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
Crohn's disease,
cystic fibrosis,
deafness,
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
an intellectual disability,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,
neurological disorders, including stroke and
epilepsy,
paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,

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specific learning disabilities, or
end stage renal failure disease; and
(b) substantially limits one or more of the
person's major life activities.
Another disability or combination of disabilities may
also be considered as a severe disability for the purposes
of item (a) of this subdivision (2.1) if it is determined
by an evaluation of rehabilitation potential to cause a
comparable degree of substantial functional limitation
similar to the specific list of disabilities listed in
item (a) of this subdivision (2.1).
(3) "Minority-owned business" means a business which
is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
(4) "Women-owned business" means a business which is
at least 51% owned by one or more women, or, in the case of
a corporation, at least 51% of the stock in which is owned
by one or more women; and the management and daily
business operations of which are controlled by one or more
of the women who own it.
(4.1) "Business owned by a person with a disability"
means a business that is at least 51% owned by one or more

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persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".
(4.2) "Council" means the Business Enterprise Council
for Minorities, Women, and Persons with Disabilities
created under Section 5 of this Act.
(4.3) "Commission" means, unless the context clearly
indicates otherwise, the Commission on Equity and
Inclusion created under the Commission on Equity and
Inclusion Act.
(5) "State contracts" means all contracts entered into
by the State, any agency or department thereof, or any
public institution of higher education, including
community college districts, regardless of the source of
the funds with which the contracts are paid, which are not
subject to federal reimbursement. "State contracts" does
not include contracts awarded by a retirement system,
pension fund, or investment board subject to Section
1-109.1 of the Illinois Pension Code. This definition
shall control over any existing definition under this Act
or applicable administrative rule.
"State construction contracts" means all State

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contracts entered into by a State agency or public
institution of higher education for the repair,
remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a
highway defined in Article 2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments,
officers, boards, commissions, institutions and bodies
politic and corporate of the State, but does not include
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Trustees of Chicago State University, the Board
of Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State
constitutional officers.
(7) "Public institutions of higher education" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the public
community colleges of the State, and any other public

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universities, colleges, and community colleges now or
hereafter established or authorized by the General
Assembly.
(8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to
make certifications, or by a State agency with statutory
authority to make such a certification, that a business
entity is a business owned by a minority, woman, or person
with a disability for whatever purpose. A business owned
and controlled by women shall be certified as a
"woman-owned business". A business owned and controlled by
women who are also minorities shall be certified as both a
"women-owned business" and a "minority-owned business".
(9) "Control" means the exclusive or ultimate and sole
control of the business including, but not limited to,
capital investment and all other financial matters,
property, acquisitions, contract negotiations, legal
matters, officer-director-employee selection and
comprehensive hiring, operating responsibilities,
cost-control matters, income and dividend matters,
financial transactions and rights of other shareholders or
joint partners. Control shall be real, substantial and
continuing, not pro forma. Control shall include the power
to direct or cause the direction of the management and
policies of the business and to make the day-to-day as
well as major decisions in matters of policy, management

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and operations. Control shall be exemplified by possessing
the requisite knowledge and expertise to run the
particular business and control shall not include simple
majority or absentee ownership.
(10) "Business" means a business that has annual gross
sales of less than $150,000,000 $75,000,000 as evidenced
by the federal income tax return of the business. A firm
with gross sales in excess of this cap may apply to the
Council for certification for a particular contract if the
firm can demonstrate that the contract would have
significant impact on businesses owned by minorities,
women, or persons with disabilities as suppliers or
subcontractors or in employment of minorities, women, or
persons with disabilities. Firms with gross sales in
excess of this cap that are granted certification by the
Council shall be granted certification for the life of the
contract, including available renewals.
(11) "Utilization plan" means a form and additional
documentations included in all bids or proposals that
demonstrates a vendor's proposed utilization of vendors
certified by the Business Enterprise Program to meet the
targeted goal. The utilization plan shall demonstrate that
the Vendor has either: (1) met the entire contract goal or
(2) requested a full or partial waiver and made good faith
efforts towards meeting the goal.
(12) "Business Enterprise Program" means the Business

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Enterprise Program of the Commission on Equity and
Inclusion.
(B) When a business is owned at least 51% by any
combination of minority persons, women, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes
of this Act is considered to be met. The certification
category for the business is that of the class holding the
largest ownership interest in the business. If 2 or more
classes have equal ownership interests, the certification
category shall be determined by the business.
(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
102-29, eff. 6-25-21.)
(30 ILCS 575/4) (from Ch. 127, par. 132.604)
(Section scheduled to be repealed on June 30, 2024)
Sec. 4. Award of State contracts.
(a) Except as provided in subsection (b), not less than
30% of the total dollar amount of State contracts, as defined
by the Secretary of the Council and approved by the Council,
shall be established as an aspirational goal to be awarded to
businesses owned by minorities, women, and persons with
disabilities; provided, however, that of the total amount of
all State contracts awarded to businesses owned by minorities,
women, and persons with disabilities pursuant to this Section,
contracts representing at least 16% shall be awarded to

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businesses owned by minorities, contracts representing at
least 10% shall be awarded to women-owned businesses, and
contracts representing at least 4% shall be awarded to
businesses owned by persons with disabilities.
(a-5) In addition to the aspirational goals in awarding
State contracts set under subsection (a), the Commission shall
by rule further establish targeted efforts to encourage the
participation of businesses owned by minorities, women, and
persons with disabilities on State contracts. Such efforts
shall include, but not be limited to, further concerted
outreach efforts to businesses owned by minorities, women, and
persons with disabilities.
The above percentage relates to the total dollar amount of
State contracts during each State fiscal year, calculated by
examining independently each type of contract for each agency
or public institutions of higher education which lets such
contracts. Only that percentage of arrangements which
represents the participation of businesses owned by
minorities, women, and persons with disabilities on such
contracts shall be included. State contracts subject to the
requirements of this Act shall include the requirement that
only expenditures to businesses owned by minorities, women,
and persons with disabilities that perform a commercially
useful function may be counted toward the goals set forth by
this Act. Contracts shall include a definition of
"commercially useful function" that is consistent with 49 CFR

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26.55(c).
(b) Not less than 20% of the total dollar amount of State
construction contracts is established as an aspirational goal
to be awarded to businesses owned by minorities, women, and
persons with disabilities; provided that, contracts
representing at least 11% of the total dollar amount of State
construction contracts shall be awarded to businesses owned by
minorities; contracts representing at least 7% of the total
dollar amount of State construction contracts shall be awarded
to women-owned businesses; and contracts representing at least
2% of the total dollar amount of State construction contracts
shall be awarded to businesses owned by persons with
disabilities.
(c) (Blank).
(c-5) All goals established under this Section shall be
contingent upon the results of the most recent disparity study
conducted by the State.
(d) Within one year after April 28, 2009 (the effective
date of Public Act 96-8), the Department of Central Management
Services shall conduct a social scientific study that measures
the impact of discrimination on minority and women business
development in Illinois. Within 18 months after April 28, 2009
(the effective date of Public Act 96-8), the Department shall
issue a report of its findings and any recommendations on
whether to adjust the goals for minority and women
participation established in this Act. Copies of this report

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and the social scientific study shall be filed with the
Governor and the General Assembly.
By December 1, 2020, the Department of Central Management
Services shall conduct a new social scientific study that
measures the impact of discrimination on minority and women
business development in Illinois. By June 1, 2022, the
Department shall issue a report of its findings and any
recommendations on whether to adjust the goals for minority
and women participation established in this Act. Copies of
this report and the social scientific study shall be filed
with the Governor and the General Assembly. By December 1,
2022, the Commission on Equity and Inclusion Business
Enterprise Program shall develop a model for social scientific
disparity study sourcing for local governmental units to adapt
and implement to address regional disparities in public
procurement.
(e) All State contract solicitations that include Business
Enterprise Program participation goals shall require bidders
or offerors to include utilization plans. Utilization plans
are due at the time of bid or offer submission. Failure to
complete and include a utilization plan, including
documentation demonstrating good faith efforts when requesting
a waiver, shall render the bid or offer non-responsive.
Except as permitted under this Act or as otherwise
mandated by federal regulation, a bidder or offeror whose bid
or offer is accepted and who included in that bid a completed

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utilization plan but who fails to meet the goals set forth in
the plan shall be notified of the deficiency by the
contracting agency or public institution of higher education
and shall be given a period of 10 calendar days to cure the
deficiency by contracting with additional subcontractors who
are certified by the Business Enterprise Program or by
increasing the work to be performed by previously identified
vendors certified by the Business Enterprise Program.
Deficiencies that may be cured include: (i) scrivener's
errors, such as transposed numbers; (ii) information submitted
in an incorrect form or format; (iii) mistakes resulting from
failure to follow instructions or to identify and adequately
document good faith efforts taken to comply with the
utilization plan; or (iv) a proposal to use a firm whose
Business Enterprise Program certification has lapsed or is not
yet recognized. Cure is not authorized if the bidder or
offeror submits a blank utilization plan, a utilization plan
that shows lack of reasonable effort to complete the form on
time, or a utilization plan that states the contract will be
self-performed, by a non-certified vendor, without showing
good faith efforts or a request for a waiver. All cure activity
shall address the deficiencies identified by the purchasing
agency and shall require clear documentation, including that
of good faith efforts, to address those deficiencies. Any
increase in cost to a contract for the addition of a
subcontractor to cure a bid's deficiency shall not affect the

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bid price and shall not be used in the request for an exemption
under this Act, and, in no case, shall an identified
subcontractor with a Business Enterprise Program certification
made under this Act be terminated from a contract without the
written consent of the State agency or public institution of
higher education entering into the contract. The purchasing
agency or public institution of higher education shall make
the determination whether the cure is adequate.
Vendors certified with the Business Enterprise Program at
the time and date submittals are due and who do not submit a
utilization plan or have utilization plan deficiencies shall
have 10 business days to submit a utilization plan or to
correct the utilization plan deficiencies. Except as permitted
under this Act or as otherwise mandated by federal law or
regulation, in response those who submit bids or proposals for
State contracts subject to the provisions of this Act, whose
bids or proposals are successful but include a utilization
plan that fails to demonstrate good faith efforts to meet the
goals set forth in the solicitation of that deficiency and may
allow the bidder or offeror a period not to exceed 10 calendar
days from the date of notification to cure that deficiency in
the bid or proposal. The deficiency in the bid or proposal may
only be cured by contracting with additional subcontractors
who are certified by the Business Enterprise Program at the
time of bid submission. Any increase in cost to a contract for
the addition of a subcontractor to cure a bid's deficiency or

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to ensure diversity participation on the contract shall not
affect the bid price, shall not be used in the request for an
exemption in this Act, and in no case shall an identified
subcontractor with a certification made pursuant to this Act
be terminated from the contract without the written consent of
the State agency or public institution of higher education
entering into the contract. Submission of a blank utilization
plan renders a bid or offer non-responsive and is not curable.
The Commission on Equity and Inclusion shall be notified of
all bids or offers that fail to include a utilization plan or
that include a utilization plan with deficiencies.
(f) (Blank).
(g) (Blank).
(h) State agencies and public institutions of higher
education shall notify the Commission on Equity and Inclusion
of all non-responsive bids or proposals for State contracts.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article
40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21;
102-558, eff. 8-20-21.)
Section 30. The Local Food, Farms, and Jobs Act is amended
by changing Sections 10 and 30 as follows:
(30 ILCS 595/10)
Sec. 10. Procurement goals for local farm or food

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products.
(a) In order to create, strengthen, and expand local farm
and food economies throughout Illinois, it shall be the goal
of this State that 20% of all food and food products purchased
by State agencies and State-owned facilities, including,
without limitation, facilities for persons with mental health
and developmental disabilities, correctional facilities, and
public universities, shall, by 2020, be local farm or food
products.
(b) The State Local Food, Farms, and Jobs Council
established under this Act shall support and encourage that
10% of food and food products purchased by entities funded in
part or in whole by State dollars, which spend more than
$25,000 per year on food or food products for its students,
residents, or clients, including, without limitation, public
schools, child care facilities, after-school programs, and
hospitals, shall, by 2020, be local farm or food products.
(c) To meet the goals set forth in this Section, when a
State contract for purchase of food or food products is to be
awarded to the lowest responsible bidder, an otherwise
qualified bidder who will fulfill the contract through the use
of local farm or food products may be given preference over
other bidders, provided that the cost included in the bid of
local farm or food products is not more than 10% greater than
the cost included in a bid that is not for local farm or food
products.

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(d) All State agencies and State-owned facilities that
purchase food and food products shall, with the assistance of
the Local Food, Farms, and Jobs Council, develop a system for
(i) identifying the percentage of local farm or food products
purchased for fiscal year 2021 2011 as the baseline; and (ii)
tracking and reporting local farm or food products purchases
on an annual basis.
(e) On January 1, 2024 and each January 1 thereafter,
those State agencies and State-owned facilities that purchase
food or food products shall publish in their respective
procurement bulletins, in the form and format prescribed by
the chief procurement officer, notice of their purchases of
local farm or food products in the immediately preceding
fiscal year.
(Source: P.A. 96-579, eff. 8-18-09.)
(30 ILCS 595/30)
Sec. 30. Farm-school database. The Department of
Agriculture shall establish, and make available on its
website, a geo-coded electronic database to facilitate the
purchase of fresh produce and food products by schools. The
database shall be developed jointly with the Local Food,
Farms, and Jobs Council and, at a minimum, contain the
information necessary for (i) schools to identify and contact
agricultural producers that are interested in supplying
schools in the State with fresh produce and food products and

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(ii) agricultural producers of fresh produce and food products
to identify schools in the State that are interested in
purchasing those products. The Department of Agriculture shall
adopt rules necessary to implement this Section. The
Department of Agriculture shall also solicit federal and State
funding for the purpose of implementing this program. The
requirement of the Department to establish, and make available
on its website, this database shall become effective once the
Department has secured all of the additional federal or State
funding necessary to implement this program.
(Source: P.A. 96-1095, eff. 1-1-11.)
(30 ILCS 595/15 rep.)
(30 ILCS 595/20 rep.)
(30 ILCS 595/25 rep.)
Section 35. The Local Food, Farms, and Jobs Act is amended
by repealing Sections 15, 20, and 25.
Section 40. The State Property Control Act is amended by
changing Section 6.02 as follows:
(30 ILCS 605/6.02) (from Ch. 127, par. 133b9.2)
Sec. 6.02. Each responsible officer shall maintain a
permanent record of all items of property under his
jurisdiction and control, provided the administrator may
exempt tangible personal property of nominal value or in the

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nature of consumable supplies, or both; and provided further
that "textbooks" as defined in Section 18-17 of The School
Code shall be exempted by the administrator after those
textbooks have been on loan pursuant to that Section for a
period of 5 years or more. The listing shall include all
property being acquired under agreements which are required by
the State Comptroller to be capitalized for inclusion in the
statewide financial statements. Each responsible officer shall
submit a listing of the permanent record at least annually to
the administrator in such format as the administrator shall
require. The record may be submitted in either hard copy or
computer readable form. The administrator may require more
frequent submissions when in the opinion of the administrator
the agency records are not sufficiently reliable to justify
annual submissions.
As used in this Section, "nominal value" means the value
of an item is $2,500 $1,000 or less. For the purposes of this
definition, the value of the item shall reflect its
depreciated value, as determined by the administrator. The
administrator may by rule set the threshold for "nominal
value" at a higher amount. Nothing in this definition shall be
construed as relieving responsible officers of the duty to
reasonably ensure that State property is not subject to theft.
(Source: P.A. 100-193, eff. 1-1-18.)
Section 45. The Criminal Code of 2012 is amended by

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changing Section 33E-9 as follows:
(720 ILCS 5/33E-9) (from Ch. 38, par. 33E-9)
Sec. 33E-9. Change orders. Any change order authorized
under this Section shall be made in writing. Any person
employed by and authorized by any unit of State or local
government to approve a change order to any public contract
who knowingly grants that approval without first obtaining
from the unit of State or local government on whose behalf the
contract was signed, or from a designee authorized by that
unit of State or local government, a determination in writing
that (1) the circumstances said to necessitate the change in
performance were not reasonably foreseeable at the time the
contract was signed, or (2) the change is germane to the
original contract as signed, or (3) the change order is in the
best interest of the unit of State or local government and
authorized by law, commits a Class 4 felony. The written
determination and the written change order resulting from that
determination shall be preserved in the contract's file which
shall be open to the public for inspection. This Section shall
only apply to a change order or series of change orders which
authorize or necessitate an increase or decrease in either the
cost of a public contract by a total of $25,000 $10,000 or more
or the time of completion by a total of 180 30 days or more.
(Source: P.A. 86-150; 87-618.)

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Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.