103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2811
 
Introduced 1/17/2024, by Sen. Linda Holmes
 
SYNOPSIS AS INTRODUCED:

20 ILCS 415/4d from Ch. 127, par. 63b104d
30 ILCS 500/1-10
 Amends the Personnel Code. Provides that positions that are paid in accordance with prevailing wage laws, as well as beauticians and teachers of beauty culture and teachers of barbering, are exempt from jurisdiction B (currently, jurisdictions A, B, and C). Amends the Illinois Procurement Code. Provides that the Code does not apply to procurement expenditures related to efforts to recruit candidates to State employment. Effective immediately


LRB103 34858 HLH 66635 b


 
 
A BILL FOR
 
SB2811LRB103 34858 HLH 66635 b


1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Personnel Code is amended by changing 
5Section 4d as follows:

6 (20 ILCS 415/4d) (from Ch. 127, par. 63b104d)
7 Sec. 4d. Partial exemptions. The following positions in 
8State service are exempt from jurisdictions A, B, and C to the 
9extent stated for each, unless those jurisdictions are 
10extended as provided in this Act:
11  (1) In each department, board or commission that now 
12 maintains or may hereafter maintain a major administrative 
13 division, service or office in both Sangamon County and 
14 Cook County, 2 private secretaries for the director or 
15 chairman thereof, one located in the Cook County office 
16 and the other located in the Sangamon County office, shall 
17 be exempt from jurisdiction B; in all other departments, 
18 boards and commissions one private secretary for the 
19 director or chairman thereof shall be exempt from 
20 jurisdiction B. In all departments, boards and commissions 
21 one confidential assistant for the director or chairman 
22 thereof shall be exempt from jurisdiction B. This 
23 paragraph is subject to such modifications or waiver of 
 
 
SB2811- 2 -LRB103 34858 HLH 66635 b


1 the exemptions as may be necessary to assure the 
2 continuity of federal contributions in those agencies 
3 supported in whole or in part by federal funds.
4  (2) The resident administrative head of each State 
5 charitable, penal and correctional institution, the 
6 chaplains thereof, and all member, patient and inmate 
7 employees are exempt from jurisdiction B.
8  (3) The Civil Service Commission, upon written 
9 recommendation of the Director of Central Management 
10 Services, shall exempt from jurisdiction B other positions 
11 which, in the judgment of the Commission, involve either 
12 principal administrative responsibility for the 
13 determination of policy or principal administrative 
14 responsibility for the way in which policies are carried 
15 out, except positions in agencies which receive federal 
16 funds if such exemption is inconsistent with federal 
17 requirements, and except positions in agencies supported 
18 in whole by federal funds.
19  (4) All individuals in positions paid in accordance 
20 with prevailing wage laws, as well as beauticians and 
21 teachers of beauty culture and teachers of barbering, are 
22 exempt from jurisdiction B.
23  (5) Licensed attorneys in positions as legal or 
24 technical advisors; positions in the Department of Natural 
25 Resources requiring incumbents to be either a registered 
26 professional engineer or to hold a bachelor's degree in 
 
 
SB2811- 3 -LRB103 34858 HLH 66635 b


1 engineering from a recognized college or university; 
2 licensed physicians in positions of medical administrator 
3 or physician or physician specialist (including 
4 psychiatrists); all positions within the Department of 
5 Juvenile Justice requiring licensure by the State Board of 
6 Education under Article 21B of the School Code; all 
7 positions within the Illinois School for the Deaf and the 
8 Illinois School for the Visually Impaired requiring 
9 licensure by the State Board of Education under Article 
10 21B of the School Code and all rehabilitation/mobility 
11 instructors and rehabilitation/mobility instructor 
12 trainees at the Illinois School for the Visually Impaired; 
13 and registered nurses (except those registered nurses 
14 employed by the Department of Public Health); except those 
15 in positions in agencies which receive federal funds if 
16 such exemption is inconsistent with federal requirements 
17 and except those in positions in agencies supported in 
18 whole by federal funds, are exempt from jurisdiction B 
19 only to the extent that the requirements of Section 8b.1, 
20 8b.3 and 8b.5 of this Code need not be met.
21  (6) All positions established outside the geographical 
22 limits of the State of Illinois to which appointments of 
23 other than Illinois citizens may be made are exempt from 
24 jurisdiction B.
25  (7) Staff attorneys reporting directly to individual 
26 Commissioners of the Illinois Workers' Compensation 
 
 
SB2811- 4 -LRB103 34858 HLH 66635 b


1 Commission are exempt from jurisdiction B.
2  (8) (Blank).
3(Source: P.A. 103-108, eff. 6-27-23.)

4 Section 10. The Illinois Procurement Code is amended by 
5changing Section 1-10 as follows:

6 (30 ILCS 500/1-10)
7 Sec. 1-10. Application. 
8 (a) This Code applies only to procurements for which 
9bidders, offerors, potential contractors, or contractors were 
10first solicited on or after July 1, 1998. This Code shall not 
11be construed to affect or impair any contract, or any 
12provision of a contract, entered into based on a solicitation 
13prior to the implementation date of this Code as described in 
14Article 99, including, but not limited to, any covenant 
15entered into with respect to any revenue bonds or similar 
16instruments. All procurements for which contracts are 
17solicited between the effective date of Articles 50 and 99 and 
18July 1, 1998 shall be substantially in accordance with this 
19Code and its intent.
20 (b) This Code shall apply regardless of the source of the 
21funds with which the contracts are paid, including federal 
22assistance moneys. This Code shall not apply to:
23  (1) Contracts between the State and its political 
24 subdivisions or other governments, or between State 
 
 
SB2811- 5 -LRB103 34858 HLH 66635 b


1 governmental bodies, except as specifically provided in 
2 this Code.
3  (2) Grants, except for the filing requirements of 
4 Section 20-80.
5  (3) Purchase of care, except as provided in Section 
6 5-30.6 of the Illinois Public Aid Code and this Section.
7  (4) Hiring of an individual as an employee and not as 
8 an independent contractor, whether pursuant to an 
9 employment code or policy or by contract directly with 
10 that individual.
11  (5) Collective bargaining contracts.
12  (6) Purchase of real estate, except that notice of 
13 this type of contract with a value of more than $25,000 
14 must be published in the Procurement Bulletin within 10 
15 calendar days after the deed is recorded in the county of 
16 jurisdiction. The notice shall identify the real estate 
17 purchased, the names of all parties to the contract, the 
18 value of the contract, and the effective date of the 
19 contract.
20  (7) Contracts necessary to prepare for anticipated 
21 litigation, enforcement actions, or investigations, 
22 provided that the chief legal counsel to the Governor 
23 shall give his or her prior approval when the procuring 
24 agency is one subject to the jurisdiction of the Governor, 
25 and provided that the chief legal counsel of any other 
26 procuring entity subject to this Code shall give his or 
 
 
SB2811- 6 -LRB103 34858 HLH 66635 b


1 her prior approval when the procuring entity is not one 
2 subject to the jurisdiction of the Governor.
3  (8) (Blank).
4  (9) Procurement expenditures by the Illinois 
5 Conservation Foundation when only private funds are used.
6  (10) (Blank). 
7  (11) Public-private agreements entered into according 
8 to the procurement requirements of Section 20 of the 
9 Public-Private Partnerships for Transportation Act and 
10 design-build agreements entered into according to the 
11 procurement requirements of Section 25 of the 
12 Public-Private Partnerships for Transportation Act.
13  (12) (A) Contracts for legal, financial, and other 
14 professional and artistic services entered into by the 
15 Illinois Finance Authority in which the State of Illinois 
16 is not obligated. Such contracts shall be awarded through 
17 a competitive process authorized by the members of the 
18 Illinois Finance Authority and are subject to Sections 
19 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
20 as well as the final approval by the members of the 
21 Illinois Finance Authority of the terms of the contract.
22  (B) Contracts for legal and financial services entered 
23 into by the Illinois Housing Development Authority in 
24 connection with the issuance of bonds in which the State 
25 of Illinois is not obligated. Such contracts shall be 
26 awarded through a competitive process authorized by the 
 
 
SB2811- 7 -LRB103 34858 HLH 66635 b


1 members of the Illinois Housing Development Authority and 
2 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
3 and 50-37 of this Code, as well as the final approval by 
4 the members of the Illinois Housing Development Authority 
5 of the terms of the contract. 
6  (13) Contracts for services, commodities, and 
7 equipment to support the delivery of timely forensic 
8 science services in consultation with and subject to the 
9 approval of the Chief Procurement Officer as provided in 
10 subsection (d) of Section 5-4-3a of the Unified Code of 
11 Corrections, except for the requirements of Sections 
12 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
13 Code; however, the Chief Procurement Officer may, in 
14 writing with justification, waive any certification 
15 required under Article 50 of this Code. For any contracts 
16 for services which are currently provided by members of a 
17 collective bargaining agreement, the applicable terms of 
18 the collective bargaining agreement concerning 
19 subcontracting shall be followed.
20  On and after January 1, 2019, this paragraph (13), 
21 except for this sentence, is inoperative. 
22  (14) Contracts for participation expenditures required 
23 by a domestic or international trade show or exhibition of 
24 an exhibitor, member, or sponsor.
25  (15) Contracts with a railroad or utility that 
26 requires the State to reimburse the railroad or utilities 
 
 
SB2811- 8 -LRB103 34858 HLH 66635 b


1 for the relocation of utilities for construction or other 
2 public purpose. Contracts included within this paragraph 
3 (15) shall include, but not be limited to, those 
4 associated with: relocations, crossings, installations, 
5 and maintenance. For the purposes of this paragraph (15), 
6 "railroad" means any form of non-highway ground 
7 transportation that runs on rails or electromagnetic 
8 guideways and "utility" means: (1) public utilities as 
9 defined in Section 3-105 of the Public Utilities Act, (2) 
10 telecommunications carriers as defined in Section 13-202 
11 of the Public Utilities Act, (3) electric cooperatives as 
12 defined in Section 3.4 of the Electric Supplier Act, (4) 
13 telephone or telecommunications cooperatives as defined in 
14 Section 13-212 of the Public Utilities Act, (5) rural 
15 water or waste water systems with 10,000 connections or 
16 less, (6) a holder as defined in Section 21-201 of the 
17 Public Utilities Act, and (7) municipalities owning or 
18 operating utility systems consisting of public utilities 
19 as that term is defined in Section 11-117-2 of the 
20 Illinois Municipal Code. 
21  (16) Procurement expenditures necessary for the 
22 Department of Public Health to provide the delivery of 
23 timely newborn screening services in accordance with the 
24 Newborn Metabolic Screening Act. 
25  (17) Procurement expenditures necessary for the 
26 Department of Agriculture, the Department of Financial and 
 
 
SB2811- 9 -LRB103 34858 HLH 66635 b


1 Professional Regulation, the Department of Human Services, 
2 and the Department of Public Health to implement the 
3 Compassionate Use of Medical Cannabis Program and Opioid 
4 Alternative Pilot Program requirements and ensure access 
5 to medical cannabis for patients with debilitating medical 
6 conditions in accordance with the Compassionate Use of 
7 Medical Cannabis Program Act.
8  (18) This Code does not apply to any procurements 
9 necessary for the Department of Agriculture, the 
10 Department of Financial and Professional Regulation, the 
11 Department of Human Services, the Department of Commerce 
12 and Economic Opportunity, and the Department of Public 
13 Health to implement the Cannabis Regulation and Tax Act if 
14 the applicable agency has made a good faith determination 
15 that it is necessary and appropriate for the expenditure 
16 to fall within this exemption and if the process is 
17 conducted in a manner substantially in accordance with the 
18 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
19 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
20 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
21 Section 50-35, compliance applies only to contracts or 
22 subcontracts over $100,000. Notice of each contract 
23 entered into under this paragraph (18) that is related to 
24 the procurement of goods and services identified in 
25 paragraph (1) through (9) of this subsection shall be 
26 published in the Procurement Bulletin within 14 calendar 
 
 
SB2811- 10 -LRB103 34858 HLH 66635 b


1 days after contract execution. The Chief Procurement 
2 Officer shall prescribe the form and content of the 
3 notice. Each agency shall provide the Chief Procurement 
4 Officer, on a monthly basis, in the form and content 
5 prescribed by the Chief Procurement Officer, a report of 
6 contracts that are related to the procurement of goods and 
7 services identified in this subsection. At a minimum, this 
8 report shall include the name of the contractor, a 
9 description of the supply or service provided, the total 
10 amount of the contract, the term of the contract, and the 
11 exception to this Code utilized. A copy of any or all of 
12 these contracts shall be made available to the Chief 
13 Procurement Officer immediately upon request. The Chief 
14 Procurement Officer shall submit a report to the Governor 
15 and General Assembly no later than November 1 of each year 
16 that includes, at a minimum, an annual summary of the 
17 monthly information reported to the Chief Procurement 
18 Officer. This exemption becomes inoperative 5 years after 
19 June 25, 2019 (the effective date of Public Act 101-27).
20  (19) Acquisition of modifications or adjustments, 
21 limited to assistive technology devices and assistive 
22 technology services, adaptive equipment, repairs, and 
23 replacement parts to provide reasonable accommodations (i) 
24 that enable a qualified applicant with a disability to 
25 complete the job application process and be considered for 
26 the position such qualified applicant desires, (ii) that 
 
 
SB2811- 11 -LRB103 34858 HLH 66635 b


1 modify or adjust the work environment to enable a 
2 qualified current employee with a disability to perform 
3 the essential functions of the position held by that 
4 employee, (iii) to enable a qualified current employee 
5 with a disability to enjoy equal benefits and privileges 
6 of employment as are enjoyed by other similarly situated 
7 employees without disabilities, and (iv) that allow a 
8 customer, client, claimant, or member of the public 
9 seeking State services full use and enjoyment of and 
10 access to its programs, services, or benefits. 
11  For purposes of this paragraph (19):
12  "Assistive technology devices" means any item, piece 
13 of equipment, or product system, whether acquired 
14 commercially off the shelf, modified, or customized, that 
15 is used to increase, maintain, or improve functional 
16 capabilities of individuals with disabilities.
17  "Assistive technology services" means any service that 
18 directly assists an individual with a disability in 
19 selection, acquisition, or use of an assistive technology 
20 device.
21  "Qualified" has the same meaning and use as provided 
22 under the federal Americans with Disabilities Act when 
23 describing an individual with a disability. 
24  (20) Procurement expenditures necessary for the 
25 Illinois Commerce Commission to hire third-party 
26 facilitators pursuant to Sections 16-105.17 and 16-108.18 
 
 
SB2811- 12 -LRB103 34858 HLH 66635 b


1 of the Public Utilities Act or an ombudsman pursuant to 
2 Section 16-107.5 of the Public Utilities Act, a 
3 facilitator pursuant to Section 16-105.17 of the Public 
4 Utilities Act, or a grid auditor pursuant to Section 
5 16-105.10 of the Public Utilities Act. 
6  (21) Procurement expenditures for the purchase, 
7 renewal, and expansion of software, software licenses, or 
8 software maintenance agreements that support the efforts 
9 of the Illinois State Police to enforce, regulate, and 
10 administer the Firearm Owners Identification Card Act, the 
11 Firearm Concealed Carry Act, the Firearms Restraining 
12 Order Act, the Firearm Dealer License Certification Act, 
13 the Law Enforcement Agencies Data System (LEADS), the 
14 Uniform Crime Reporting Act, the Criminal Identification 
15 Act, the Illinois Uniform Conviction Information Act, and 
16 the Gun Trafficking Information Act, or establish or 
17 maintain record management systems necessary to conduct 
18 human trafficking investigations or gun trafficking or 
19 other stolen firearm investigations. This paragraph (21) 
20 applies to contracts entered into on or after the 
21 effective date of this amendatory Act of the 102nd General 
22 Assembly and the renewal of contracts that are in effect 
23 on the effective date of this amendatory Act of the 102nd 
24 General Assembly. 
25  (22) Contracts for project management services and 
26 system integration services required for the completion of 
 
 
SB2811- 13 -LRB103 34858 HLH 66635 b


1 the State's enterprise resource planning project. This 
2 exemption becomes inoperative 5 years after the effective 
3 date of the changes made to this Section by this 
4 amendatory Act of the 103rd General Assembly. This 
5 paragraph (22) applies to contracts entered into on or 
6 after the effective date of the changes made to this 
7 Section by this amendatory Act of the 103rd General 
8 Assembly and the renewal of contracts that are in effect 
9 on the effective date of the changes made to this Section 
10 by this amendatory Act of the 103rd General Assembly. 
11  (23) (22) Procurements necessary for the Department of 
12 Insurance to implement the Illinois Health Benefits 
13 Exchange Law if the Department of Insurance has made a 
14 good faith determination that it is necessary and 
15 appropriate for the expenditure to fall within this 
16 exemption. The procurement process shall be conducted in a 
17 manner substantially in accordance with the requirements 
18 of Sections 20-160 and 25-60 and Article 50 of this Code. A 
19 copy of these contracts shall be made available to the 
20 Chief Procurement Officer immediately upon request. This 
21 paragraph is inoperative 5 years after the effective date 
22 of 
 this amendatory Act of the 103rd General Assembly. 
23  (24) Procurement expenditures related to efforts to 
24 recruit candidates to State employment. The process of 
25 recruiting candidates described in this paragraph (24) 
26 shall be conducted in a manner substantially in accordance 
 
 
SB2811- 14 -LRB103 34858 HLH 66635 b


1 with the requirements of the following provisions of this 
2 Code: Sections 50-13, 50-20, and 50-35, and the provisions 
3 of this subsection (b) concerning information that is 
4 required to be posted to the procurement bulletin. This 
5 paragraph (24) does not apply on and after January 1, 
6 2029. 
7 Notwithstanding any other provision of law, for contracts 
8with an annual value of more than $100,000 entered into on or 
9after October 1, 2017 under an exemption provided in any 
10paragraph of this subsection (b), except paragraph (1), (2), 
11or (5), each State agency shall post to the appropriate 
12procurement bulletin the name of the contractor, a description 
13of the supply or service provided, the total amount of the 
14contract, the term of the contract, and the exception to the 
15Code utilized. The chief procurement officer shall submit a 
16report to the Governor and General Assembly no later than 
17November 1 of each year that shall include, at a minimum, an 
18annual summary of the monthly information reported to the 
19chief procurement officer. 
20 (c) This Code does not apply to the electric power 
21procurement process provided for under Section 1-75 of the 
22Illinois Power Agency Act and Section 16-111.5 of the Public 
23Utilities Act.
24 (d) Except for Section 20-160 and Article 50 of this Code, 
25and as expressly required by Section 9.1 of the Illinois 
26Lottery Law, the provisions of this Code do not apply to the 
 
 
SB2811- 15 -LRB103 34858 HLH 66635 b


1procurement process provided for under Section 9.1 of the 
2Illinois Lottery Law. 
3 (e) This Code does not apply to the process used by the 
4Capital Development Board to retain a person or entity to 
5assist the Capital Development Board with its duties related 
6to the determination of costs of a clean coal SNG brownfield 
7facility, as defined by Section 1-10 of the Illinois Power 
8Agency Act, as required in subsection (h-3) of Section 9-220 
9of the Public Utilities Act, including calculating the range 
10of capital costs, the range of operating and maintenance 
11costs, or the sequestration costs or monitoring the 
12construction of clean coal SNG brownfield facility for the 
13full duration of construction.
14 (f) (Blank). 
15 (g) (Blank).
16 (h) This Code does not apply to the process to procure or 
17contracts entered into in accordance with Sections 11-5.2 and 
1811-5.3 of the Illinois Public Aid Code. 
19 (i) Each chief procurement officer may access records 
20necessary to review whether a contract, purchase, or other 
21expenditure is or is not subject to the provisions of this 
22Code, unless such records would be subject to attorney-client 
23privilege. 
24 (j) This Code does not apply to the process used by the 
25Capital Development Board to retain an artist or work or works 
26of art as required in Section 14 of the Capital Development 
 
 
SB2811- 16 -LRB103 34858 HLH 66635 b


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