IL
Illinois House Bill HB3735

Illinois 2023-2024 Regular Session

Illinois House Bill HB3735 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3735 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 30 ILCS 500/1-10 Amends the Illinois Procurement Code. Provides that the Code does not apply to contracts with nonprofit trade associations representing the providers of public education programming, noncommercial sustaining announcements, public service announcements, and public awareness and education messaging if the programming, announcements, and messaging inform the public about ongoing measures to mitigate and prevent health and safety risks and hazards. LRB103 29837 HLH 56245 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3735 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 30 ILCS 500/1-10 30 ILCS 500/1-10 Amends the Illinois Procurement Code. Provides that the Code does not apply to contracts with nonprofit trade associations representing the providers of public education programming, noncommercial sustaining announcements, public service announcements, and public awareness and education messaging if the programming, announcements, and messaging inform the public about ongoing measures to mitigate and prevent health and safety risks and hazards. LRB103 29837 HLH 56245 b LRB103 29837 HLH 56245 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3735 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
33 30 ILCS 500/1-10 30 ILCS 500/1-10
44 30 ILCS 500/1-10
55 Amends the Illinois Procurement Code. Provides that the Code does not apply to contracts with nonprofit trade associations representing the providers of public education programming, noncommercial sustaining announcements, public service announcements, and public awareness and education messaging if the programming, announcements, and messaging inform the public about ongoing measures to mitigate and prevent health and safety risks and hazards.
66 LRB103 29837 HLH 56245 b LRB103 29837 HLH 56245 b
77 LRB103 29837 HLH 56245 b
88 A BILL FOR
99 HB3735LRB103 29837 HLH 56245 b HB3735 LRB103 29837 HLH 56245 b
1010 HB3735 LRB103 29837 HLH 56245 b
1111 1 AN ACT concerning finance.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Procurement Code is amended by
1515 5 changing Section 1-10 as follows:
1616 6 (30 ILCS 500/1-10)
1717 7 Sec. 1-10. Application.
1818 8 (a) This Code applies only to procurements for which
1919 9 bidders, offerors, potential contractors, or contractors were
2020 10 first solicited on or after July 1, 1998. This Code shall not
2121 11 be construed to affect or impair any contract, or any
2222 12 provision of a contract, entered into based on a solicitation
2323 13 prior to the implementation date of this Code as described in
2424 14 Article 99, including, but not limited to, any covenant
2525 15 entered into with respect to any revenue bonds or similar
2626 16 instruments. All procurements for which contracts are
2727 17 solicited between the effective date of Articles 50 and 99 and
2828 18 July 1, 1998 shall be substantially in accordance with this
2929 19 Code and its intent.
3030 20 (b) This Code shall apply regardless of the source of the
3131 21 funds with which the contracts are paid, including federal
3232 22 assistance moneys. This Code shall not apply to:
3333 23 (1) Contracts between the State and its political
3434
3535
3636
3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3735 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
3838 30 ILCS 500/1-10 30 ILCS 500/1-10
3939 30 ILCS 500/1-10
4040 Amends the Illinois Procurement Code. Provides that the Code does not apply to contracts with nonprofit trade associations representing the providers of public education programming, noncommercial sustaining announcements, public service announcements, and public awareness and education messaging if the programming, announcements, and messaging inform the public about ongoing measures to mitigate and prevent health and safety risks and hazards.
4141 LRB103 29837 HLH 56245 b LRB103 29837 HLH 56245 b
4242 LRB103 29837 HLH 56245 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 30 ILCS 500/1-10
5050
5151
5252
5353 LRB103 29837 HLH 56245 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 HB3735 LRB103 29837 HLH 56245 b
6464
6565
6666 HB3735- 2 -LRB103 29837 HLH 56245 b HB3735 - 2 - LRB103 29837 HLH 56245 b
6767 HB3735 - 2 - LRB103 29837 HLH 56245 b
6868 1 subdivisions or other governments, or between State
6969 2 governmental bodies, except as specifically provided in
7070 3 this Code.
7171 4 (2) Grants, except for the filing requirements of
7272 5 Section 20-80.
7373 6 (3) Purchase of care, except as provided in Section
7474 7 5-30.6 of the Illinois Public Aid Code and this Section.
7575 8 (4) Hiring of an individual as an employee and not as
7676 9 an independent contractor, whether pursuant to an
7777 10 employment code or policy or by contract directly with
7878 11 that individual.
7979 12 (5) Collective bargaining contracts.
8080 13 (6) Purchase of real estate, except that notice of
8181 14 this type of contract with a value of more than $25,000
8282 15 must be published in the Procurement Bulletin within 10
8383 16 calendar days after the deed is recorded in the county of
8484 17 jurisdiction. The notice shall identify the real estate
8585 18 purchased, the names of all parties to the contract, the
8686 19 value of the contract, and the effective date of the
8787 20 contract.
8888 21 (7) Contracts necessary to prepare for anticipated
8989 22 litigation, enforcement actions, or investigations,
9090 23 provided that the chief legal counsel to the Governor
9191 24 shall give his or her prior approval when the procuring
9292 25 agency is one subject to the jurisdiction of the Governor,
9393 26 and provided that the chief legal counsel of any other
9494
9595
9696
9797
9898
9999 HB3735 - 2 - LRB103 29837 HLH 56245 b
100100
101101
102102 HB3735- 3 -LRB103 29837 HLH 56245 b HB3735 - 3 - LRB103 29837 HLH 56245 b
103103 HB3735 - 3 - LRB103 29837 HLH 56245 b
104104 1 procuring entity subject to this Code shall give his or
105105 2 her prior approval when the procuring entity is not one
106106 3 subject to the jurisdiction of the Governor.
107107 4 (8) (Blank).
108108 5 (9) Procurement expenditures by the Illinois
109109 6 Conservation Foundation when only private funds are used.
110110 7 (10) (Blank).
111111 8 (11) Public-private agreements entered into according
112112 9 to the procurement requirements of Section 20 of the
113113 10 Public-Private Partnerships for Transportation Act and
114114 11 design-build agreements entered into according to the
115115 12 procurement requirements of Section 25 of the
116116 13 Public-Private Partnerships for Transportation Act.
117117 14 (12) (A) Contracts for legal, financial, and other
118118 15 professional and artistic services entered into by the
119119 16 Illinois Finance Authority in which the State of Illinois
120120 17 is not obligated. Such contracts shall be awarded through
121121 18 a competitive process authorized by the members of the
122122 19 Illinois Finance Authority and are subject to Sections
123123 20 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
124124 21 as well as the final approval by the members of the
125125 22 Illinois Finance Authority of the terms of the contract.
126126 23 (B) Contracts for legal and financial services entered
127127 24 into by the Illinois Housing Development Authority in
128128 25 connection with the issuance of bonds in which the State
129129 26 of Illinois is not obligated. Such contracts shall be
130130
131131
132132
133133
134134
135135 HB3735 - 3 - LRB103 29837 HLH 56245 b
136136
137137
138138 HB3735- 4 -LRB103 29837 HLH 56245 b HB3735 - 4 - LRB103 29837 HLH 56245 b
139139 HB3735 - 4 - LRB103 29837 HLH 56245 b
140140 1 awarded through a competitive process authorized by the
141141 2 members of the Illinois Housing Development Authority and
142142 3 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
143143 4 and 50-37 of this Code, as well as the final approval by
144144 5 the members of the Illinois Housing Development Authority
145145 6 of the terms of the contract.
146146 7 (13) Contracts for services, commodities, and
147147 8 equipment to support the delivery of timely forensic
148148 9 science services in consultation with and subject to the
149149 10 approval of the Chief Procurement Officer as provided in
150150 11 subsection (d) of Section 5-4-3a of the Unified Code of
151151 12 Corrections, except for the requirements of Sections
152152 13 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
153153 14 Code; however, the Chief Procurement Officer may, in
154154 15 writing with justification, waive any certification
155155 16 required under Article 50 of this Code. For any contracts
156156 17 for services which are currently provided by members of a
157157 18 collective bargaining agreement, the applicable terms of
158158 19 the collective bargaining agreement concerning
159159 20 subcontracting shall be followed.
160160 21 On and after January 1, 2019, this paragraph (13),
161161 22 except for this sentence, is inoperative.
162162 23 (14) Contracts for participation expenditures required
163163 24 by a domestic or international trade show or exhibition of
164164 25 an exhibitor, member, or sponsor.
165165 26 (15) Contracts with a railroad or utility that
166166
167167
168168
169169
170170
171171 HB3735 - 4 - LRB103 29837 HLH 56245 b
172172
173173
174174 HB3735- 5 -LRB103 29837 HLH 56245 b HB3735 - 5 - LRB103 29837 HLH 56245 b
175175 HB3735 - 5 - LRB103 29837 HLH 56245 b
176176 1 requires the State to reimburse the railroad or utilities
177177 2 for the relocation of utilities for construction or other
178178 3 public purpose. Contracts included within this paragraph
179179 4 (15) shall include, but not be limited to, those
180180 5 associated with: relocations, crossings, installations,
181181 6 and maintenance. For the purposes of this paragraph (15),
182182 7 "railroad" means any form of non-highway ground
183183 8 transportation that runs on rails or electromagnetic
184184 9 guideways and "utility" means: (1) public utilities as
185185 10 defined in Section 3-105 of the Public Utilities Act, (2)
186186 11 telecommunications carriers as defined in Section 13-202
187187 12 of the Public Utilities Act, (3) electric cooperatives as
188188 13 defined in Section 3.4 of the Electric Supplier Act, (4)
189189 14 telephone or telecommunications cooperatives as defined in
190190 15 Section 13-212 of the Public Utilities Act, (5) rural
191191 16 water or waste water systems with 10,000 connections or
192192 17 less, (6) a holder as defined in Section 21-201 of the
193193 18 Public Utilities Act, and (7) municipalities owning or
194194 19 operating utility systems consisting of public utilities
195195 20 as that term is defined in Section 11-117-2 of the
196196 21 Illinois Municipal Code.
197197 22 (16) Procurement expenditures necessary for the
198198 23 Department of Public Health to provide the delivery of
199199 24 timely newborn screening services in accordance with the
200200 25 Newborn Metabolic Screening Act.
201201 26 (17) Procurement expenditures necessary for the
202202
203203
204204
205205
206206
207207 HB3735 - 5 - LRB103 29837 HLH 56245 b
208208
209209
210210 HB3735- 6 -LRB103 29837 HLH 56245 b HB3735 - 6 - LRB103 29837 HLH 56245 b
211211 HB3735 - 6 - LRB103 29837 HLH 56245 b
212212 1 Department of Agriculture, the Department of Financial and
213213 2 Professional Regulation, the Department of Human Services,
214214 3 and the Department of Public Health to implement the
215215 4 Compassionate Use of Medical Cannabis Program and Opioid
216216 5 Alternative Pilot Program requirements and ensure access
217217 6 to medical cannabis for patients with debilitating medical
218218 7 conditions in accordance with the Compassionate Use of
219219 8 Medical Cannabis Program Act.
220220 9 (18) This Code does not apply to any procurements
221221 10 necessary for the Department of Agriculture, the
222222 11 Department of Financial and Professional Regulation, the
223223 12 Department of Human Services, the Department of Commerce
224224 13 and Economic Opportunity, and the Department of Public
225225 14 Health to implement the Cannabis Regulation and Tax Act if
226226 15 the applicable agency has made a good faith determination
227227 16 that it is necessary and appropriate for the expenditure
228228 17 to fall within this exemption and if the process is
229229 18 conducted in a manner substantially in accordance with the
230230 19 requirements of Sections 20-160, 25-60, 30-22, 50-5,
231231 20 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
232232 21 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
233233 22 Section 50-35, compliance applies only to contracts or
234234 23 subcontracts over $100,000. Notice of each contract
235235 24 entered into under this paragraph (18) that is related to
236236 25 the procurement of goods and services identified in
237237 26 paragraph (1) through (9) of this subsection shall be
238238
239239
240240
241241
242242
243243 HB3735 - 6 - LRB103 29837 HLH 56245 b
244244
245245
246246 HB3735- 7 -LRB103 29837 HLH 56245 b HB3735 - 7 - LRB103 29837 HLH 56245 b
247247 HB3735 - 7 - LRB103 29837 HLH 56245 b
248248 1 published in the Procurement Bulletin within 14 calendar
249249 2 days after contract execution. The Chief Procurement
250250 3 Officer shall prescribe the form and content of the
251251 4 notice. Each agency shall provide the Chief Procurement
252252 5 Officer, on a monthly basis, in the form and content
253253 6 prescribed by the Chief Procurement Officer, a report of
254254 7 contracts that are related to the procurement of goods and
255255 8 services identified in this subsection. At a minimum, this
256256 9 report shall include the name of the contractor, a
257257 10 description of the supply or service provided, the total
258258 11 amount of the contract, the term of the contract, and the
259259 12 exception to this Code utilized. A copy of any or all of
260260 13 these contracts shall be made available to the Chief
261261 14 Procurement Officer immediately upon request. The Chief
262262 15 Procurement Officer shall submit a report to the Governor
263263 16 and General Assembly no later than November 1 of each year
264264 17 that includes, at a minimum, an annual summary of the
265265 18 monthly information reported to the Chief Procurement
266266 19 Officer. This exemption becomes inoperative 5 years after
267267 20 June 25, 2019 (the effective date of Public Act 101-27).
268268 21 (19) Acquisition of modifications or adjustments,
269269 22 limited to assistive technology devices and assistive
270270 23 technology services, adaptive equipment, repairs, and
271271 24 replacement parts to provide reasonable accommodations (i)
272272 25 that enable a qualified applicant with a disability to
273273 26 complete the job application process and be considered for
274274
275275
276276
277277
278278
279279 HB3735 - 7 - LRB103 29837 HLH 56245 b
280280
281281
282282 HB3735- 8 -LRB103 29837 HLH 56245 b HB3735 - 8 - LRB103 29837 HLH 56245 b
283283 HB3735 - 8 - LRB103 29837 HLH 56245 b
284284 1 the position such qualified applicant desires, (ii) that
285285 2 modify or adjust the work environment to enable a
286286 3 qualified current employee with a disability to perform
287287 4 the essential functions of the position held by that
288288 5 employee, (iii) to enable a qualified current employee
289289 6 with a disability to enjoy equal benefits and privileges
290290 7 of employment as are enjoyed by other similarly situated
291291 8 employees without disabilities, and (iv) that allow a
292292 9 customer, client, claimant, or member of the public
293293 10 seeking State services full use and enjoyment of and
294294 11 access to its programs, services, or benefits.
295295 12 For purposes of this paragraph (19):
296296 13 "Assistive technology devices" means any item, piece
297297 14 of equipment, or product system, whether acquired
298298 15 commercially off the shelf, modified, or customized, that
299299 16 is used to increase, maintain, or improve functional
300300 17 capabilities of individuals with disabilities.
301301 18 "Assistive technology services" means any service that
302302 19 directly assists an individual with a disability in
303303 20 selection, acquisition, or use of an assistive technology
304304 21 device.
305305 22 "Qualified" has the same meaning and use as provided
306306 23 under the federal Americans with Disabilities Act when
307307 24 describing an individual with a disability.
308308 25 (20) Procurement expenditures necessary for the
309309 26 Illinois Commerce Commission to hire third-party
310310
311311
312312
313313
314314
315315 HB3735 - 8 - LRB103 29837 HLH 56245 b
316316
317317
318318 HB3735- 9 -LRB103 29837 HLH 56245 b HB3735 - 9 - LRB103 29837 HLH 56245 b
319319 HB3735 - 9 - LRB103 29837 HLH 56245 b
320320 1 facilitators pursuant to Sections 16-105.17 and 16-108.18
321321 2 of the Public Utilities Act or an ombudsman pursuant to
322322 3 Section 16-107.5 of the Public Utilities Act, a
323323 4 facilitator pursuant to Section 16-105.17 of the Public
324324 5 Utilities Act, or a grid auditor pursuant to Section
325325 6 16-105.10 of the Public Utilities Act.
326326 7 (21) Procurement expenditures for the purchase,
327327 8 renewal, and expansion of software, software licenses, or
328328 9 software maintenance agreements that support the efforts
329329 10 of the Illinois State Police to enforce, regulate, and
330330 11 administer the Firearm Owners Identification Card Act, the
331331 12 Firearm Concealed Carry Act, the Firearms Restraining
332332 13 Order Act, the Firearm Dealer License Certification Act,
333333 14 the Law Enforcement Agencies Data System (LEADS), the
334334 15 Uniform Crime Reporting Act, the Criminal Identification
335335 16 Act, the Uniform Conviction Information Act, and the Gun
336336 17 Trafficking Information Act, or establish or maintain
337337 18 record management systems necessary to conduct human
338338 19 trafficking investigations or gun trafficking or other
339339 20 stolen firearm investigations. This paragraph (21) applies
340340 21 to contracts entered into on or after the effective date
341341 22 of this amendatory Act of the 102nd General Assembly and
342342 23 the renewal of contracts that are in effect on the
343343 24 effective date of this amendatory Act of the 102nd General
344344 25 Assembly.
345345 26 (22) Contracts with nonprofit trade associations
346346
347347
348348
349349
350350
351351 HB3735 - 9 - LRB103 29837 HLH 56245 b
352352
353353
354354 HB3735- 10 -LRB103 29837 HLH 56245 b HB3735 - 10 - LRB103 29837 HLH 56245 b
355355 HB3735 - 10 - LRB103 29837 HLH 56245 b
356356 1 representing the providers of public education
357357 2 programming, noncommercial sustaining announcements,
358358 3 public service announcements, and public awareness and
359359 4 education messaging if the programming, announcements, and
360360 5 messaging inform the public about ongoing measures to
361361 6 mitigate and prevent health and safety risks and hazards.
362362 7 Notwithstanding any other provision of law, for contracts
363363 8 with an annual value of more than $100,000 entered into on or
364364 9 after October 1, 2017 under an exemption provided in any
365365 10 paragraph of this subsection (b), except paragraph (1), (2),
366366 11 or (5), each State agency shall post to the appropriate
367367 12 procurement bulletin the name of the contractor, a description
368368 13 of the supply or service provided, the total amount of the
369369 14 contract, the term of the contract, and the exception to the
370370 15 Code utilized. The chief procurement officer shall submit a
371371 16 report to the Governor and General Assembly no later than
372372 17 November 1 of each year that shall include, at a minimum, an
373373 18 annual summary of the monthly information reported to the
374374 19 chief procurement officer.
375375 20 (c) This Code does not apply to the electric power
376376 21 procurement process provided for under Section 1-75 of the
377377 22 Illinois Power Agency Act and Section 16-111.5 of the Public
378378 23 Utilities Act.
379379 24 (d) Except for Section 20-160 and Article 50 of this Code,
380380 25 and as expressly required by Section 9.1 of the Illinois
381381 26 Lottery Law, the provisions of this Code do not apply to the
382382
383383
384384
385385
386386
387387 HB3735 - 10 - LRB103 29837 HLH 56245 b
388388
389389
390390 HB3735- 11 -LRB103 29837 HLH 56245 b HB3735 - 11 - LRB103 29837 HLH 56245 b
391391 HB3735 - 11 - LRB103 29837 HLH 56245 b
392392 1 procurement process provided for under Section 9.1 of the
393393 2 Illinois Lottery Law.
394394 3 (e) This Code does not apply to the process used by the
395395 4 Capital Development Board to retain a person or entity to
396396 5 assist the Capital Development Board with its duties related
397397 6 to the determination of costs of a clean coal SNG brownfield
398398 7 facility, as defined by Section 1-10 of the Illinois Power
399399 8 Agency Act, as required in subsection (h-3) of Section 9-220
400400 9 of the Public Utilities Act, including calculating the range
401401 10 of capital costs, the range of operating and maintenance
402402 11 costs, or the sequestration costs or monitoring the
403403 12 construction of clean coal SNG brownfield facility for the
404404 13 full duration of construction.
405405 14 (f) (Blank).
406406 15 (g) (Blank).
407407 16 (h) This Code does not apply to the process to procure or
408408 17 contracts entered into in accordance with Sections 11-5.2 and
409409 18 11-5.3 of the Illinois Public Aid Code.
410410 19 (i) Each chief procurement officer may access records
411411 20 necessary to review whether a contract, purchase, or other
412412 21 expenditure is or is not subject to the provisions of this
413413 22 Code, unless such records would be subject to attorney-client
414414 23 privilege.
415415 24 (j) This Code does not apply to the process used by the
416416 25 Capital Development Board to retain an artist or work or works
417417 26 of art as required in Section 14 of the Capital Development
418418
419419
420420
421421
422422
423423 HB3735 - 11 - LRB103 29837 HLH 56245 b
424424
425425
426426 HB3735- 12 -LRB103 29837 HLH 56245 b HB3735 - 12 - LRB103 29837 HLH 56245 b
427427 HB3735 - 12 - LRB103 29837 HLH 56245 b
428428 1 Board Act.
429429 2 (k) This Code does not apply to the process to procure
430430 3 contracts, or contracts entered into, by the State Board of
431431 4 Elections or the State Electoral Board for hearing officers
432432 5 appointed pursuant to the Election Code.
433433 6 (l) This Code does not apply to the processes used by the
434434 7 Illinois Student Assistance Commission to procure supplies and
435435 8 services paid for from the private funds of the Illinois
436436 9 Prepaid Tuition Fund. As used in this subsection (l), "private
437437 10 funds" means funds derived from deposits paid into the
438438 11 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
439439 12 (m) This Code shall apply regardless of the source of
440440 13 funds with which contracts are paid, including federal
441441 14 assistance moneys. Except as specifically provided in this
442442 15 Code, this Code shall not apply to procurement expenditures
443443 16 necessary for the Department of Public Health to conduct the
444444 17 Healthy Illinois Survey in accordance with Section 2310-431 of
445445 18 the Department of Public Health Powers and Duties Law of the
446446 19 Civil Administrative Code of Illinois.
447447 20 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
448448 21 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
449449 22 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
450450 23 eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
451451 24 102-1116, eff. 1-10-23.)
452452
453453
454454
455455
456456
457457 HB3735 - 12 - LRB103 29837 HLH 56245 b