Bill Text: IL SB3587 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurement expenditures by the State Board of Education related to media marketing campaigns, one-year sole sources, and emergency purchases.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2025-01-07 - Session Sine Die [SB3587 Detail]
Download: Illinois-2023-SB3587-Introduced.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | |||||||||||||||||||
5 | changing Section 1-10 as follows:
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6 | (30 ILCS 500/1-10) | |||||||||||||||||||
7 | Sec. 1-10. Application. | |||||||||||||||||||
8 | (a) This Code applies only to procurements for which | |||||||||||||||||||
9 | bidders, offerors, potential contractors, or contractors were | |||||||||||||||||||
10 | first solicited on or after July 1, 1998. This Code shall not | |||||||||||||||||||
11 | be construed to affect or impair any contract, or any | |||||||||||||||||||
12 | provision of a contract, entered into based on a solicitation | |||||||||||||||||||
13 | prior to the implementation date of this Code as described in | |||||||||||||||||||
14 | Article 99, including, but not limited to, any covenant | |||||||||||||||||||
15 | entered into with respect to any revenue bonds or similar | |||||||||||||||||||
16 | instruments. All procurements for which contracts are | |||||||||||||||||||
17 | solicited between the effective date of Articles 50 and 99 and | |||||||||||||||||||
18 | July 1, 1998 shall be substantially in accordance with this | |||||||||||||||||||
19 | Code and its intent. | |||||||||||||||||||
20 | (b) This Code shall apply regardless of the source of the | |||||||||||||||||||
21 | funds with which the contracts are paid, including federal | |||||||||||||||||||
22 | assistance moneys. This Code shall not apply to: | |||||||||||||||||||
23 | (1) Contracts between the State and its political |
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1 | subdivisions or other governments, or between State | ||||||
2 | governmental bodies, except as specifically provided in | ||||||
3 | this Code. | ||||||
4 | (2) Grants, except for the filing requirements of | ||||||
5 | Section 20-80. | ||||||
6 | (3) Purchase of care, except as provided in Section | ||||||
7 | 5-30.6 of the Illinois Public Aid Code and this Section. | ||||||
8 | (4) Hiring of an individual as an employee and not as | ||||||
9 | an independent contractor, whether pursuant to an | ||||||
10 | employment code or policy or by contract directly with | ||||||
11 | that individual. | ||||||
12 | (5) Collective bargaining contracts. | ||||||
13 | (6) Purchase of real estate, except that notice of | ||||||
14 | this type of contract with a value of more than $25,000 | ||||||
15 | must be published in the Procurement Bulletin within 10 | ||||||
16 | calendar days after the deed is recorded in the county of | ||||||
17 | jurisdiction. The notice shall identify the real estate | ||||||
18 | purchased, the names of all parties to the contract, the | ||||||
19 | value of the contract, and the effective date of the | ||||||
20 | contract. | ||||||
21 | (7) Contracts necessary to prepare for anticipated | ||||||
22 | litigation, enforcement actions, or investigations, | ||||||
23 | provided that the chief legal counsel to the Governor | ||||||
24 | shall give his or her prior approval when the procuring | ||||||
25 | agency is one subject to the jurisdiction of the Governor, | ||||||
26 | and provided that the chief legal counsel of any other |
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1 | procuring entity subject to this Code shall give his or | ||||||
2 | her prior approval when the procuring entity is not one | ||||||
3 | subject to the jurisdiction of the Governor. | ||||||
4 | (8) (Blank). | ||||||
5 | (9) Procurement expenditures by the Illinois | ||||||
6 | Conservation Foundation when only private funds are used. | ||||||
7 | (10) (Blank). | ||||||
8 | (11) Public-private agreements entered into according | ||||||
9 | to the procurement requirements of Section 20 of the | ||||||
10 | Public-Private Partnerships for Transportation Act and | ||||||
11 | design-build agreements entered into according to the | ||||||
12 | procurement requirements of Section 25 of the | ||||||
13 | Public-Private Partnerships for Transportation Act. | ||||||
14 | (12) (A) Contracts for legal, financial, and other | ||||||
15 | professional and artistic services entered into by the | ||||||
16 | Illinois Finance Authority in which the State of Illinois | ||||||
17 | is not obligated. Such contracts shall be awarded through | ||||||
18 | a competitive process authorized by the members of the | ||||||
19 | Illinois Finance Authority and are subject to Sections | ||||||
20 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
21 | as well as the final approval by the members of the | ||||||
22 | Illinois Finance Authority of the terms of the contract. | ||||||
23 | (B) Contracts for legal and financial services entered | ||||||
24 | into by the Illinois Housing Development Authority in | ||||||
25 | connection with the issuance of bonds in which the State | ||||||
26 | of Illinois is not obligated. Such contracts shall be |
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1 | awarded through a competitive process authorized by the | ||||||
2 | members of the Illinois Housing Development Authority and | ||||||
3 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
4 | and 50-37 of this Code, as well as the final approval by | ||||||
5 | the members of the Illinois Housing Development Authority | ||||||
6 | of the terms of the contract. | ||||||
7 | (13) Contracts for services, commodities, and | ||||||
8 | equipment to support the delivery of timely forensic | ||||||
9 | science services in consultation with and subject to the | ||||||
10 | approval of the Chief Procurement Officer as provided in | ||||||
11 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
12 | Corrections, except for the requirements of Sections | ||||||
13 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
14 | Code; however, the Chief Procurement Officer may, in | ||||||
15 | writing with justification, waive any certification | ||||||
16 | required under Article 50 of this Code. For any contracts | ||||||
17 | for services which are currently provided by members of a | ||||||
18 | collective bargaining agreement, the applicable terms of | ||||||
19 | the collective bargaining agreement concerning | ||||||
20 | subcontracting shall be followed. | ||||||
21 | On and after January 1, 2019, this paragraph (13), | ||||||
22 | except for this sentence, is inoperative. | ||||||
23 | (14) Contracts for participation expenditures required | ||||||
24 | by a domestic or international trade show or exhibition of | ||||||
25 | an exhibitor, member, or sponsor. | ||||||
26 | (15) Contracts with a railroad or utility that |
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1 | requires the State to reimburse the railroad or utilities | ||||||
2 | for the relocation of utilities for construction or other | ||||||
3 | public purpose. Contracts included within this paragraph | ||||||
4 | (15) shall include, but not be limited to, those | ||||||
5 | associated with: relocations, crossings, installations, | ||||||
6 | and maintenance. For the purposes of this paragraph (15), | ||||||
7 | "railroad" means any form of non-highway ground | ||||||
8 | transportation that runs on rails or electromagnetic | ||||||
9 | guideways and "utility" means: (1) public utilities as | ||||||
10 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
11 | telecommunications carriers as defined in Section 13-202 | ||||||
12 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
13 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
14 | telephone or telecommunications cooperatives as defined in | ||||||
15 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
16 | water or waste water systems with 10,000 connections or | ||||||
17 | less, (6) a holder as defined in Section 21-201 of the | ||||||
18 | Public Utilities Act, and (7) municipalities owning or | ||||||
19 | operating utility systems consisting of public utilities | ||||||
20 | as that term is defined in Section 11-117-2 of the | ||||||
21 | Illinois Municipal Code. | ||||||
22 | (16) Procurement expenditures necessary for the | ||||||
23 | Department of Public Health to provide the delivery of | ||||||
24 | timely newborn screening services in accordance with the | ||||||
25 | Newborn Metabolic Screening Act. | ||||||
26 | (17) Procurement expenditures necessary for the |
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1 | Department of Agriculture, the Department of Financial and | ||||||
2 | Professional Regulation, the Department of Human Services, | ||||||
3 | and the Department of Public Health to implement the | ||||||
4 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
5 | Alternative Pilot Program requirements and ensure access | ||||||
6 | to medical cannabis for patients with debilitating medical | ||||||
7 | conditions in accordance with the Compassionate Use of | ||||||
8 | Medical Cannabis Program Act. | ||||||
9 | (18) This Code does not apply to any procurements | ||||||
10 | necessary for the Department of Agriculture, the | ||||||
11 | Department of Financial and Professional Regulation, the | ||||||
12 | Department of Human Services, the Department of Commerce | ||||||
13 | and Economic Opportunity, and the Department of Public | ||||||
14 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
15 | the applicable agency has made a good faith determination | ||||||
16 | that it is necessary and appropriate for the expenditure | ||||||
17 | to fall within this exemption and if the process is | ||||||
18 | conducted in a manner substantially in accordance with the | ||||||
19 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
20 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
21 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
22 | Section 50-35, compliance applies only to contracts or | ||||||
23 | subcontracts over $100,000. Notice of each contract | ||||||
24 | entered into under this paragraph (18) that is related to | ||||||
25 | the procurement of goods and services identified in | ||||||
26 | paragraph (1) through (9) of this subsection shall be |
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1 | published in the Procurement Bulletin within 14 calendar | ||||||
2 | days after contract execution. The Chief Procurement | ||||||
3 | Officer shall prescribe the form and content of the | ||||||
4 | notice. Each agency shall provide the Chief Procurement | ||||||
5 | Officer, on a monthly basis, in the form and content | ||||||
6 | prescribed by the Chief Procurement Officer, a report of | ||||||
7 | contracts that are related to the procurement of goods and | ||||||
8 | services identified in this subsection. At a minimum, this | ||||||
9 | report shall include the name of the contractor, a | ||||||
10 | description of the supply or service provided, the total | ||||||
11 | amount of the contract, the term of the contract, and the | ||||||
12 | exception to this Code utilized. A copy of any or all of | ||||||
13 | these contracts shall be made available to the Chief | ||||||
14 | Procurement Officer immediately upon request. The Chief | ||||||
15 | Procurement Officer shall submit a report to the Governor | ||||||
16 | and General Assembly no later than November 1 of each year | ||||||
17 | that includes, at a minimum, an annual summary of the | ||||||
18 | monthly information reported to the Chief Procurement | ||||||
19 | Officer. This exemption becomes inoperative 5 years after | ||||||
20 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
21 | (19) Acquisition of modifications or adjustments, | ||||||
22 | limited to assistive technology devices and assistive | ||||||
23 | technology services, adaptive equipment, repairs, and | ||||||
24 | replacement parts to provide reasonable accommodations (i) | ||||||
25 | that enable a qualified applicant with a disability to | ||||||
26 | complete the job application process and be considered for |
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1 | the position such qualified applicant desires, (ii) that | ||||||
2 | modify or adjust the work environment to enable a | ||||||
3 | qualified current employee with a disability to perform | ||||||
4 | the essential functions of the position held by that | ||||||
5 | employee, (iii) to enable a qualified current employee | ||||||
6 | with a disability to enjoy equal benefits and privileges | ||||||
7 | of employment as are enjoyed by other similarly situated | ||||||
8 | employees without disabilities, and (iv) that allow a | ||||||
9 | customer, client, claimant, or member of the public | ||||||
10 | seeking State services full use and enjoyment of and | ||||||
11 | access to its programs, services, or benefits. | ||||||
12 | For purposes of this paragraph (19): | ||||||
13 | "Assistive technology devices" means any item, piece | ||||||
14 | of equipment, or product system, whether acquired | ||||||
15 | commercially off the shelf, modified, or customized, that | ||||||
16 | is used to increase, maintain, or improve functional | ||||||
17 | capabilities of individuals with disabilities. | ||||||
18 | "Assistive technology services" means any service that | ||||||
19 | directly assists an individual with a disability in | ||||||
20 | selection, acquisition, or use of an assistive technology | ||||||
21 | device. | ||||||
22 | "Qualified" has the same meaning and use as provided | ||||||
23 | under the federal Americans with Disabilities Act when | ||||||
24 | describing an individual with a disability. | ||||||
25 | (20) Procurement expenditures necessary for the | ||||||
26 | Illinois Commerce Commission to hire third-party |
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1 | facilitators pursuant to Sections 16-105.17 and 16-108.18 | ||||||
2 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
3 | Section 16-107.5 of the Public Utilities Act, a | ||||||
4 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
5 | Utilities Act, or a grid auditor pursuant to Section | ||||||
6 | 16-105.10 of the Public Utilities Act. | ||||||
7 | (21) Procurement expenditures for the purchase, | ||||||
8 | renewal, and expansion of software, software licenses, or | ||||||
9 | software maintenance agreements that support the efforts | ||||||
10 | of the Illinois State Police to enforce, regulate, and | ||||||
11 | administer the Firearm Owners Identification Card Act, the | ||||||
12 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
13 | Order Act, the Firearm Dealer License Certification Act, | ||||||
14 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
15 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
16 | Act, the Illinois Uniform Conviction Information Act, and | ||||||
17 | the Gun Trafficking Information Act, or establish or | ||||||
18 | maintain record management systems necessary to conduct | ||||||
19 | human trafficking investigations or gun trafficking or | ||||||
20 | other stolen firearm investigations. This paragraph (21) | ||||||
21 | applies to contracts entered into on or after January 10, | ||||||
22 | 2023 (the effective date of Public Act 102-1116) and the | ||||||
23 | renewal of contracts that are in effect on January 10, | ||||||
24 | 2023 (the effective date of Public Act 102-1116). | ||||||
25 | (22) Contracts for project management services and | ||||||
26 | system integration services required for the completion of |
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1 | the State's enterprise resource planning project. This | ||||||
2 | exemption becomes inoperative 5 years after June 7, 2023 | ||||||
3 | (the effective date of the changes made to this Section by | ||||||
4 | Public Act 103-8). This paragraph (22) applies to | ||||||
5 | contracts entered into on or after June 7, 2023 (the | ||||||
6 | effective date of the changes made to this Section by | ||||||
7 | Public Act 103-8) and the renewal of contracts that are in | ||||||
8 | effect on June 7, 2023 (the effective date of the changes | ||||||
9 | made to this Section by Public Act 103-8). | ||||||
10 | (23) Procurements necessary for the Department of | ||||||
11 | Insurance to implement the Illinois Health Benefits | ||||||
12 | Exchange Law if the Department of Insurance has made a | ||||||
13 | good faith determination that it is necessary and | ||||||
14 | appropriate for the expenditure to fall within this | ||||||
15 | exemption. The procurement process shall be conducted in a | ||||||
16 | manner substantially in accordance with the requirements | ||||||
17 | of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||||||
18 | copy of these contracts shall be made available to the | ||||||
19 | Chief Procurement Officer immediately upon request. This | ||||||
20 | paragraph is inoperative 5 years after June 27, 2023 (the | ||||||
21 | effective date of Public Act 103-103). | ||||||
22 | (24) (22) Contracts for public education programming, | ||||||
23 | noncommercial sustaining announcements, public service | ||||||
24 | announcements, and public awareness and education | ||||||
25 | messaging with the nonprofit trade associations of the | ||||||
26 | providers of those services that inform the public on |
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1 | immediate and ongoing health and safety risks and hazards. | ||||||
2 | (25) Procurement expenditures by the State Board of | ||||||
3 | Education related to media marketing campaigns, one-year | ||||||
4 | sole sources, and emergency purchases. | ||||||
5 | Notwithstanding any other provision of law, for contracts | ||||||
6 | with an annual value of more than $100,000 entered into on or | ||||||
7 | after October 1, 2017 under an exemption provided in any | ||||||
8 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
9 | or (5), each State agency shall post to the appropriate | ||||||
10 | procurement bulletin the name of the contractor, a description | ||||||
11 | of the supply or service provided, the total amount of the | ||||||
12 | contract, the term of the contract, and the exception to the | ||||||
13 | Code utilized. The chief procurement officer shall submit a | ||||||
14 | report to the Governor and General Assembly no later than | ||||||
15 | November 1 of each year that shall include, at a minimum, an | ||||||
16 | annual summary of the monthly information reported to the | ||||||
17 | chief procurement officer. | ||||||
18 | (c) This Code does not apply to the electric power | ||||||
19 | procurement process provided for under Section 1-75 of the | ||||||
20 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
21 | Utilities Act. This Code does not apply to the procurement of | ||||||
22 | technical and policy experts pursuant to Section 1-129 of the | ||||||
23 | Illinois Power Agency Act. | ||||||
24 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
25 | and as expressly required by Section 9.1 of the Illinois | ||||||
26 | Lottery Law, the provisions of this Code do not apply to the |
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1 | procurement process provided for under Section 9.1 of the | ||||||
2 | Illinois Lottery Law. | ||||||
3 | (e) This Code does not apply to the process used by the | ||||||
4 | Capital Development Board to retain a person or entity to | ||||||
5 | assist the Capital Development Board with its duties related | ||||||
6 | to the determination of costs of a clean coal SNG brownfield | ||||||
7 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
8 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
9 | of the Public Utilities Act, including calculating the range | ||||||
10 | of capital costs, the range of operating and maintenance | ||||||
11 | costs, or the sequestration costs or monitoring the | ||||||
12 | construction of clean coal SNG brownfield facility for the | ||||||
13 | full duration of construction. | ||||||
14 | (f) (Blank). | ||||||
15 | (g) (Blank). | ||||||
16 | (h) This Code does not apply to the process to procure or | ||||||
17 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
18 | 11-5.3 of the Illinois Public Aid Code. | ||||||
19 | (i) Each chief procurement officer may access records | ||||||
20 | necessary to review whether a contract, purchase, or other | ||||||
21 | expenditure is or is not subject to the provisions of this | ||||||
22 | Code, unless such records would be subject to attorney-client | ||||||
23 | privilege. | ||||||
24 | (j) This Code does not apply to the process used by the | ||||||
25 | Capital Development Board to retain an artist or work or works | ||||||
26 | of art as required in Section 14 of the Capital Development |
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