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Illinois House Bill HB5511

Illinois 2023-2024 Regular Session

Illinois House Bill HB5511 Compare Versions

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1-Public Act 103-0865
21 HB5511 EnrolledLRB103 38791 MXP 68928 b HB5511 Enrolled LRB103 38791 MXP 68928 b
32 HB5511 Enrolled LRB103 38791 MXP 68928 b
4-AN ACT concerning finance.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-ARTICLE 1.
8-Section 1-1. Short title. This Article may be cited as the
9-Progressive Design-Build Pilot Program Act. References in this
10-Article to "this Act" mean this Article.
11-Section 1-5. Legislative policy. It is the intent of the
12-General Assembly that the State construction agency shall
13-establish a Progressive Design-Build Pilot Program to use the
14-progressive design-build delivery method for up to 3 public
15-projects commencing prior to January 1, 2027 if it is shown to
16-be in the State's best interest for that particular project.
17-It shall be the policy of the State construction agency in the
18-procurement of progressive design-build services to publicly
19-announce all requirements for progressive design-build
20-services and to procure these services on the basis of
21-demonstrated competence and qualifications and with due regard
22-for the principles of competitive selection.
23-The State construction agency shall, prior to issuing
24-requests for qualifications, publish procedures for the
25-solicitation and award of contracts pursuant to this Act.
3+1 AN ACT concerning finance.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 ARTICLE 1.
7+5 Section 1-1. Short title. This Article may be cited as the
8+6 Progressive Design-Build Pilot Program Act. References in this
9+7 Article to "this Act" mean this Article.
10+8 Section 1-5. Legislative policy. It is the intent of the
11+9 General Assembly that the State construction agency shall
12+10 establish a Progressive Design-Build Pilot Program to use the
13+11 progressive design-build delivery method for up to 3 public
14+12 projects commencing prior to January 1, 2027 if it is shown to
15+13 be in the State's best interest for that particular project.
16+14 It shall be the policy of the State construction agency in the
17+15 procurement of progressive design-build services to publicly
18+16 announce all requirements for progressive design-build
19+17 services and to procure these services on the basis of
20+18 demonstrated competence and qualifications and with due regard
21+19 for the principles of competitive selection.
22+20 The State construction agency shall, prior to issuing
23+21 requests for qualifications, publish procedures for the
24+22 solicitation and award of contracts pursuant to this Act.
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2928 HB5511 Enrolled LRB103 38791 MXP 68928 b
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32-The State construction agency shall, for each public
33-project or projects permitted under this Act, make a written
34-determination, including a description as to the particular
35-advantages of the progressive design-build procurement method,
36-that it is in the best interests of this State to enter into a
37-progressive design-build contract for the project or projects.
38-In making that determination, the following factors shall be
39-considered:
40-(1) The probability that the progressive design-build
41-procurement method will be in the best interests of the
42-State by providing a material savings of time or cost over
43-the design-bid-build or other delivery system.
44-(2) The type and size of the project and its
45-suitability to the progressive design-build procurement
46-method.
47-(3) The ability of the State construction agency to
48-define and provide comprehensive scope and performance
49-criteria for the project.
50-No State construction agency may use the progressive
51-design-build procurement method unless the agency determines
52-in writing that the project will comply with the disadvantaged
53-business and equal employment practices of the State as
54-established in the Business Enterprise for Minorities, Women,
55-and Persons with Disabilities Act and Section 2-105 of the
56-Illinois Human Rights Act.
57-The State construction agency shall within 15 days after
58-
59-
60-the initial determination provide an advisory copy to the
61-Procurement Policy Board and maintain the full record of
62-determination for 5 years.
63-Section 1-10. Definitions. As used in this Act:
64-"Chief procurement office" means the offices to which the
65-chief procurement officers are appointed pursuant to Section
66-10-20 of the Illinois Procurement Code.
67-"Delivery system" means the design and construction
68-approach used to develop and construct a project.
69-"Design-bid-build" means the traditional delivery system
70-used on public projects in this State that incorporates the
71-Architectural, Engineering, and Land Surveying Qualifications
72-Based Selection Act and the principles of competitive
73-selection in the Illinois Procurement Code.
74-"Design professional" means any individual, sole
75-proprietorship, firm, partnership, joint venture, corporation,
76-professional corporation, or other entity that offers services
77-under the Illinois Architecture Practice Act of 1989, the
78-Professional Engineering Practice Act of 1989, the Structural
79-Engineering Practice Act of 1989, or the Illinois Professional
80-Land Surveyor Act of 1989.
81-"Evaluation criteria" means the requirements for the
82-selection process as defined in this Act and may include the
83-specialized experience, technical qualifications and
84-competence, capacity to perform, past performance, experience
85-
86-
87-with similar projects, assignment of personnel to the project,
88-and other appropriate factors. Price may not be used as a
89-factor in the evaluation of progressive design-build.
90-"Progressive design-build" means a project delivery
91-process in which both the design and construction of a project
92-are procured from a single entity that is selected through a
93-qualifications-based selection at the earliest feasible stage
94-of the project.
95-"Progressive design-build contract" means a contract for a
96-public project under this Act between the State construction
97-agency and a progressive design-build entity to furnish
98-architecture, engineering, land surveying, and related
99-services as required, and to furnish the labor, materials,
100-equipment, and other construction services for the project. A
101-progressive design-build contract may be conditioned upon
102-subsequent refinements in scope and price and may allow the
103-State construction agency to make modifications in the project
104-scope without invalidating the progressive design-build
105-contract.
106-"Progressive design-build entity" means any individual,
107-sole proprietorship, firm, partnership, joint venture,
108-corporation, professional corporation, or other entity that
109-proposes to design and construct any public project under this
110-Act. A progressive design-build entity and associated
111-progressive design-build professionals shall conduct
112-themselves in accordance with the laws of this State and the
113-
114-
115-related provisions of the Illinois Administrative Code, as
116-referenced by the licensed design professionals Acts of this
117-State.
118-"Qualification" means a statement of qualifications
119-submitted by a proposer in response to a request for
120-qualifications.
121-"Request for qualifications" means a document issued by
122-the State construction agency to solicit qualifications from
123-proposers in accordance with the progressive design-build
124-project delivery method.
125-"Scope and performance criteria" means the requirements
126-for the public project, including, but not limited to, the
127-intended usage, capacity, size, scope, quality and performance
128-standards, and other programmatic criteria that are expressed
129-in performance-oriented requirements that can be reasonably
130-inferred and are suited to allow a progressive design-build
131-entity to develop a proposal.
132-"State construction agency" means the Capital Development
133-Board.
134-Section 1-15. Requests for qualifications.
135-(a) When the State construction agency elects to use the
136-progressive design-build delivery method, it must issue a
137-notice of intent to receive requests for qualifications for
138-the project at least 14 days before issuing the request for
139-qualifications. The State construction agency must publish the
140-
141-
142-advance notice in the official procurement bulletin of the
143-State or the professional services bulletin of the State
144-construction agency, if any. The agency is encouraged to use
145-publication of the notice in related construction industry
146-service publications. A brief description of the proposed
147-procurement must be included in the notice. The State
148-construction agency must provide a copy of the request for
149-qualifications to any party requesting a copy.
150-(b) The request for qualifications shall be prepared for
151-each project and must contain, without limitation, the
152-following information:
153-(1) The name of the State construction agency.
154-(2) A preliminary schedule for the completion of the
155-contract.
156-(3) The proposed budget for the project, the source of
157-funds, and the currently available funds at the time the
158-request for qualifications is submitted.
159-(4) Prequalification criteria for progressive
160-design-build entities wishing to submit proposals. The
161-State construction agency shall include, at a minimum, its
162-normal prequalification, licensing, registration, and
163-other requirements, but nothing contained herein precludes
164-the use of additional prequalification criteria by the
165-State construction agency.
166-(5) Material requirements of the contract, including,
167-but not limited to, the proposed terms and conditions,
168-
169-
170-required performance and payment bonds, insurance, and the
171-entity's plan to comply with the utilization goals for
172-business enterprises established in the Business
173-Enterprise for Minorities, Women, and Persons with
174-Disabilities Act, and with Section 2-105 of the Illinois
175-Human Rights Act.
176-(6) The performance criteria.
177-(7) The evaluation criteria for the solicitation.
178-(c) The State construction agency may include any other
179-relevant information that it chooses to supply. The
180-progressive design-build entity shall be entitled to rely upon
181-the accuracy of this documentation in the development of its
182-qualifications.
183-(d) The date that qualifications are due must be at least
184-21 calendar days after the date of the issuance of the request
185-for qualifications. In the event the cost of the project is
186-estimated to exceed $10,000,000, then the qualifications due
187-date must be at least 28 calendar days after the date of the
188-issuance of the request for qualifications.
189-Section 1-20. Development of scope and performance
190-criteria. The State construction agency shall develop a
191-request for qualifications, which shall include preliminary
192-scopes, descriptions of the areas of technical expertise
193-needed, and requirements for experience. The request must be
194-in sufficient detail and contain adequate information to
195-
196-
197-reasonably apprise the qualified progressive design-build
198-entities of the State construction agency's overall
199-programmatic needs and goals, including criteria, general
200-budget parameters, schedule, and delivery requirements.
201-Section 1-25. Selection committee.
202-(a) When the State construction agency elects to use the
203-progressive design-build delivery method, it shall establish a
204-committee to evaluate and select the progressive design-build
205-entity. The committee, under the discretion of the State
206-construction agency, shall consist of at least 5 but no more
207-than 7 members and shall include at least one licensed design
208-professional and 2 members of the public. Public members may
209-not be employed or associated with any firm holding a contract
210-with the State construction agency. Within 30 days of
211-receiving notice, one public member shall be nominated by
212-associations representing the general design or construction
213-industry and one member shall be nominated by associations
214-that represent minority or woman-owned design or construction
215-industry businesses. If either group fails to nominate a
216-suitable candidate within the 30-day period, the State
217-construction agency shall nominate an appropriate public
218-member.
219-(b) The members of the selection committee must certify
220-for each request for qualifications that no conflict of
221-interest exists between the members and the progressive
222-
223-
224-design-build entities submitting qualifications.
225-If a conflict is discovered before qualifications are
226-reviewed, the member must be replaced before any review of
227-qualifications. If a conflict is discovered after
228-qualifications are reviewed, the member with the conflict
229-shall be removed and the committee may continue with only one
230-public member.
231-If at least 5 members remain, the remaining committee
232-members may complete the selection process.
233-Section 1-30. Procedures for selection.
234-(a) The State construction agency must use a 2-phase
235-procedure for the selection of the successful progressive
236-design-build entity. Phase I of the procedure will evaluate
237-and shortlist for interviews the progressive design-build
238-entities based on qualifications, and Phase II will evaluate
239-shortlisted teams based on scoring of specific criteria
240-addressed in their presentations and interviews.
241-(b) The State construction agency shall include in the
242-request for qualifications the evaluating factors to be used
243-in Phase I. These factors are in addition to any
244-prequalification requirements of progressive design-build
245-entities that the agency has set forth. Each request for
246-qualifications shall establish the relative importance
247-assigned to each evaluation factor and subfactor, including
248-any weighting of criteria to be employed by the State
249-
250-
251-construction agency. The State construction agency must
252-maintain a record of the evaluation scoring to be disclosed in
253-event of a protest regarding the solicitation.
254-The State construction agency shall include the following
255-criteria in every Phase I evaluation of progressive
256-design-build entities: (1) experience of personnel; (2)
257-successful experience with similar project types; (3)
258-financial capability; (4) timeliness of past performance; (5)
259-experience with similarly sized projects; (6) successful
260-reference checks of the firm; (7) commitment to assign
261-personnel for the duration of the project and qualifications
262-of the entity's consultants; and (8) ability or past
263-performance in meeting or exhausting good faith efforts to
264-meet the utilization goals for business enterprises
265-established in the Business Enterprise for Minorities, Women,
266-and Persons with Disabilities Act and with Section 2-105 of
267-the Illinois Human Rights Act. The State construction agency
268-may include any additional relevant criteria in Phase I that
269-it deems necessary for a proper qualification review.
270-The State construction agency may not consider any
271-progressive design-build entity for evaluation or award if the
272-entity has any pecuniary interest in the project or has other
273-relationships or circumstances, including, but not limited to,
274-long-term leasehold, mutual performance, or development
275-contracts with the State construction agency, that may give
276-the progressive design-build entity a financial or tangible
277-
278-
279-advantage over other progressive design-build entities in the
280-preparation, evaluation, or performance of the progressive
281-design-build contract or that create the appearance of
282-impropriety. No proposal shall be considered that does not
283-include an entity's plan to comply with the requirements
284-established in the Business Enterprise for Minorities, Women,
285-and Persons with Disabilities Act, for both the design and
286-construction areas of performance, and with Section 2-105 of
287-the Illinois Human Rights Act.
288-Upon completion of the qualifications evaluation, the
289-State construction agency shall create a shortlist of the most
290-highly qualified progressive design-build entities. The State
291-construction agency, in its discretion, is not required to
292-shortlist the maximum number of entities as identified for
293-Phase II evaluation, provided however, no less than 2
294-progressive design-build entities nor more than 6 are selected
295-to present to the selection committee in an interview.
296-The State construction agency shall notify the entities
297-selected for the shortlist in writing. This notification shall
298-commence the period for the preparation for presentations and
299-interviews. The State construction agency must allow
300-sufficient time, no less than 28 calendar days, for the
301-shortlist entities to prepare their presentations.
302-(c) The State construction agency shall include in the
303-project advertisement the evaluating factors to be used in the
304-presentations and interviews. Each request for qualifications
305-
306-
307-shall establish the relative importance assigned to each
308-evaluation factor and subfactor, including any weighting of
309-criteria to be employed by the State construction agency. The
310-State construction agency must maintain a record of the
311-evaluation scoring to be disclosed in event of a protest
312-regarding the solicitation.
313-The State construction agency shall include the following
314-criteria in every Phase II evaluation of progressive
315-design-build entities: (1) experience with successful
316-completion of similar projects; (2) the design team's approach
317-to program analysis and schematic design; (3) record of budget
318-adherence on recently completed projects; (4) demonstration of
319-past innovation in meeting the scope and performance criteria
320-on past design-build projects; (5) completeness of the overall
321-project team; (6) collaborative experience of the team
322-members; and (7) their plan for achieving project goals for
323-participation. The State construction agency may include any
324-additional relevant technical evaluation factors it deems
325-necessary for proper selection.
326-Upon completion of the evaluation, the State construction
327-agency may award the progressive design-build contract to the
328-highest overall ranked entity. After qualifications have been
329-submitted, a progressive design-build entity shall not
330-replace, remove, or otherwise modify any firm identified as a
331-member of the proposer team unless authorized to do so by the
332-State construction agency.
333-
334-
335-Section 1-40. Submission of qualifications. Qualifications
336-must be properly identified and sealed. Qualifications may not
337-be reviewed until after the deadline for submission has passed
338-as set forth in the request for qualifications. All
339-progressive design-build entities submitting qualifications
340-shall be disclosed after the deadline for submission, and all
341-progressive design-build entities who are shortlisted for
342-interviews shall also be disclosed at the time of that
343-determination.
344-Qualifications shall include representative projects to
345-demonstrate past experience of the team members on similar
346-progressive design-build projects. Qualifications shall
347-include a list of all design professionals and other entities
348-as defined in Section 30-30 of the Illinois Procurement Code
349-to which any work may be subcontracted during the performance
350-of the contract. Any entity that will perform any of the 5
351-subdivisions of work defined in Section 30-30 of the Illinois
352-Procurement Code must meet prequalification standards of the
353-State construction agency.
354-Qualifications must meet all material requirements of the
355-request for qualifications, or they may be rejected as
356-nonresponsive. The State construction agency shall have the
357-right to reject any and all qualifications.
358-The State construction agency shall review the
359-qualifications for compliance with the performance criteria
360-
361-
362-and evaluation factors.
363-Qualifications may be withdrawn prior to evaluation for
364-any cause. After evaluation begins by the State construction
365-agency, clear and convincing evidence of error is required for
366-withdrawal.
367-Section 1-45. Award. The State construction agency may
368-award the contract to the highest overall ranked entity.
369-Notice of award shall be made in writing. Unsuccessful
370-entities shall also be notified in writing. The State
371-construction agency may not request a best and final offer
372-after the receipt of qualifications. The State construction
373-agency may negotiate with the selected progressive
374-design-build entity after award but prior to contract
375-execution for the purpose of securing better terms than
376-originally proposed, provided that the salient features of the
377-request for qualifications are not diminished.
378-Section 1-50. Labor.
379-(a) A contract or agreement under this Act shall require
380-the progressive design-build entity, or the construction
381-manager or general contractor of the progressive design-build
382-entity, and all subcontractors of the progressive design-build
383-entity to comply with Section 30-22 of the Illinois
384-Procurement Code as it applies to responsible bidders and to
385-present satisfactory evidence of that compliance to the State
386-
387-
388-construction agency.
389-(b) A contract or agreement under this Act shall require
390-the progressive design-build entity or the construction
391-manager or general contractor of the progressive design-build
392-entity to enter into a project labor agreement used by the
393-State construction agency.
394-(c) This Section does not apply to construction-related
395-professional services. As used in this Section, "professional
396-services" means those services within the scope of the
397-practice of architecture, professional engineering, structural
398-engineering, or registered land surveying, as defined by the
399-laws of this State.
400-Section 1-55. Transition to design-bid-build. At the
401-completion of design development, the progressive design-build
402-entity must provide a firm fixed price. The State construction
403-agency reserves the right to transition the project to the
404-design-bid-build method if the fixed price exceeds the project
405-budget, the progressive design-build entity's proposed
406-schedule is unreasonable, or if transitioning to the
407-design-bid-build method is in the best interests of the State.
408-Section 1-60. Reports and evaluation. At the end of every
409-6-month period following the contract award, and again prior
410-to final contract payout and closure, a selected progressive
411-design-build entity shall detail, in a written report
412-
413-
414-submitted to the State agency, its efforts and success in
415-implementing the entity's plan to comply with the utilization
416-goals for business enterprises established in the Business
417-Enterprise for Minorities, Women, and Persons with
418-Disabilities Act and the provisions of Section 2-105 of the
419-Illinois Human Rights Act. If the entity's performance in
420-implementing the plan falls short of the performance measures
421-and outcomes set forth in the plans submitted by the entity
422-during the qualifications process, the entity shall, in a
423-detailed written report, inform the General Assembly and the
424-Governor whether and to what degree each progressive
425-design-build contract authorized under this Act promoted the
426-utilization goals for business enterprises established in the
427-Business Enterprise for Minorities, Women, and Persons with
428-Disabilities Act and the provisions of Section 2-105 of the
429-Illinois Human Rights Act.
430-Section 1-65. Federal requirements. In the procurement of
431-progressive design-build contracts, the State construction
432-agency shall comply with federal law and regulations and take
433-all necessary steps to adapt their rules, policies, and
434-procedures to remain eligible for federal aid.
435-Section 1-70. Capital Development Board consultation. The
436-Capital Development Board shall consult with the applicable
437-chief procurement office to determine which procedures to
438-
439-
440-adopt and apply to the progressive design-build project
441-delivery method in order to ensure an open, transparent, and
442-efficient process that accomplishes the purposes of this Act.
443-Section 1-75. Repeal. This Act is repealed on January 1,
444-2027.
445-ARTICLE 2.
446-Section 2-5. The Illinois Procurement Code is amended by
447-changing Sections 1-13, 10-20, 20-20, and 20-60 and by adding
448-Sections 20-180, 30-17, and 50-57 as follows:
449-(30 ILCS 500/1-13)
450-Sec. 1-13. Applicability to public institutions of higher
451-education.
452-(a) This Code shall apply to public institutions of higher
453-education, regardless of the source of the funds with which
454-contracts are paid, except as provided in this Section.
455-(b) Except as provided in this Section, this Code shall
456-not apply to procurements made by or on behalf of public
457-institutions of higher education for any of the following:
458-(1) Memberships in professional, academic, research,
459-or athletic organizations on behalf of a public
460-institution of higher education, an employee of a public
461-institution of higher education, or a student at a public
462-
463-
464-institution of higher education.
465-(2) Procurement expenditures for events or activities
466-paid for exclusively by revenues generated by the event or
467-activity, gifts or donations for the event or activity,
468-private grants, or any combination thereof.
469-(3) Procurement expenditures for events or activities
470-for which the use of specific potential contractors is
471-mandated or identified by the sponsor of the event or
472-activity, provided that the sponsor is providing a
473-majority of the funding for the event or activity.
474-(4) Procurement expenditures necessary to provide
475-athletic, artistic or musical services, performances,
476-events, or productions by or for a public institution of
477-higher education.
478-(5) Procurement expenditures for periodicals, books,
479-subscriptions, database licenses, and other publications
480-procured for use by a university library or academic
481-department, except for expenditures related to procuring
482-textbooks for student use or materials for resale or
483-rental.
484-(6) Procurement expenditures for placement of students
485-in externships, practicums, field experiences, and for
486-medical residencies and rotations.
487-(7) Contracts for programming and broadcast license
488-rights for university-operated radio and television
489-stations.
490-
491-
492-(8) Procurement expenditures necessary to perform
493-sponsored research and other sponsored activities under
494-grants and contracts funded by the sponsor or by sources
495-other than State appropriations.
496-(9) Contracts with a foreign entity for research or
497-educational activities, provided that the foreign entity
498-either does not maintain an office in the United States or
499-is the sole source of the service or product.
500-(10) Procurement expenditures for any ongoing software
501-license or maintenance agreement or competitively
502-solicited software purchase, when the software, license,
503-or maintenance agreement is available through only the
504-software creator or its manufacturer and not a reseller.
505-(11) Procurement expenditures incurred outside of the
506-United States for the recruitment of international
507-students.
508-(12) Procurement expenditures for contracts entered
509-into under the Public University Energy Conservation Act.
510-(13) Procurement expenditures for advertising
511-purchased directly from a media station or the owner of
512-the station for distribution of advertising.
513-Notice of each contract with an annual value of more than
514-$100,000 entered into by a public institution of higher
515-education that is related to the procurement of goods and
516-services identified in items (1) through (13) of this
517-subsection shall be published in the Procurement Bulletin
518-
519-
520-within 14 calendar days after contract execution. The Chief
521-Procurement Officer shall prescribe the form and content of
522-the notice. Each public institution of higher education shall
523-provide the Chief Procurement Officer, on a monthly basis, in
524-the form and content prescribed by the Chief Procurement
525-Officer, a report of contracts that are related to the
526-procurement of goods and services identified in this
527-subsection. At a minimum, this report shall include the name
528-of the contractor, a description of the supply or service
529-provided, the total amount of the contract, the term of the
530-contract, and the exception to the Code utilized. A copy of any
531-or all of these contracts shall be made available to the Chief
532-Procurement Officer immediately upon request. The Chief
533-Procurement Officer shall submit a report to the Governor and
534-General Assembly no later than November 1 of each year that
535-shall include, at a minimum, an annual summary of the monthly
536-information reported to the Chief Procurement Officer.
537-(b-5) Except as provided in this subsection, the
538-provisions of this Code shall not apply to contracts for
539-medical supplies or to contracts for medical services
540-necessary for the delivery of care and treatment at medical,
541-dental, pharmaceutical, or veterinary teaching facilities used
542-by Southern Illinois University or the University of Illinois
543-or at any university-operated health care center or dispensary
544-that provides care, treatment, and medications for students,
545-faculty, and staff. Furthermore, the provisions of this Code
546-
547-
548-do not apply to the procurement by such a facility of any
549-additional supplies or services that the operator of the
550-facility deems necessary for the effective use and functioning
551-of the medical supplies or services that are otherwise exempt
552-from this Code under this subsection (b-5), including, but not
553-limited to, procurements necessary for compliance and
554-management of federal programs. However, other supplies and
555-services needed for these teaching facilities shall be subject
556-to the jurisdiction of the Chief Procurement Officer for
557-Public Institutions of Higher Education who may establish
558-expedited procurement procedures and may waive or modify
559-certification, contract, hearing, process and registration
560-requirements required by this the Code. All procurements made
561-under this subsection shall be documented and may require
562-publication in the Illinois Procurement Bulletin.
563-(b-10) Procurements made by or on behalf of the University
564-of Illinois for investment services may be entered into or
565-renewed without being subject to the requirements of this
566-Code. Notice of intent to renew a contract shall be published
567-in the Illinois Public Higher Education Procurement Bulletin
568-at least 14 days prior to the execution of a renewal, and the
569-University of Illinois shall hold a public hearing for
570-interested parties to provide public comment. Any contract
571-extended, renewed, or entered pursuant to this exception shall
572-be published in the Illinois Public Higher Education
573-Procurement Bulletin within 5 days of contract execution.
574-
575-
576-(c) Procurements made by or on behalf of public
577-institutions of higher education for the fulfillment of a
578-grant shall be made in accordance with the requirements of
579-this Code to the extent practical.
580-Upon the written request of a public institution of higher
581-education, the Chief Procurement Officer may waive contract,
582-registration, certification, and hearing requirements of this
583-Code if, based on the item to be procured or the terms of a
584-grant, compliance is impractical. The public institution of
585-higher education shall provide the Chief Procurement Officer
586-with specific reasons for the waiver, including the necessity
587-of contracting with a particular potential contractor, and
588-shall certify that an effort was made in good faith to comply
589-with the provisions of this Code. The Chief Procurement
590-Officer shall provide written justification for any waivers.
591-By November 1 of each year, the Chief Procurement Officer
592-shall file a report with the General Assembly identifying each
593-contract approved with waivers and providing the justification
594-given for any waivers for each of those contracts. Notice of
595-each waiver made under this subsection shall be published in
596-the Procurement Bulletin within 14 calendar days after
597-contract execution. The Chief Procurement Officer shall
598-prescribe the form and content of the notice.
599-(d) Notwithstanding this Section, a waiver of the
600-registration requirements of Section 20-160 does not permit a
601-business entity and any affiliated entities or affiliated
602-
603-
604-persons to make campaign contributions if otherwise prohibited
605-by Section 50-37. The total amount of contracts awarded in
606-accordance with this Section shall be included in determining
607-the aggregate amount of contracts or pending bids of a
608-business entity and any affiliated entities or affiliated
609-persons.
610-(e) Notwithstanding subsection (e) of Section 50-10.5 of
611-this Code, the Chief Procurement Officer, with the approval of
612-the Executive Ethics Commission, may permit a public
613-institution of higher education to accept a bid or enter into a
614-contract with a business that assisted the public institution
615-of higher education in determining whether there is a need for
616-a contract or assisted in reviewing, drafting, or preparing
617-documents related to a bid or contract, provided that the bid
618-or contract is essential to research administered by the
619-public institution of higher education and it is in the best
620-interest of the public institution of higher education to
621-accept the bid or contract. For purposes of this subsection,
622-"business" includes all individuals with whom a business is
623-affiliated, including, but not limited to, any officer, agent,
624-employee, consultant, independent contractor, director,
625-partner, manager, or shareholder of a business. The Executive
626-Ethics Commission may promulgate rules and regulations for the
627-implementation and administration of the provisions of this
628-subsection (e).
629-(f) As used in this Section:
630-
631-
632-"Grant" means non-appropriated funding provided by a
633-federal or private entity to support a project or program
634-administered by a public institution of higher education and
635-any non-appropriated funding provided to a sub-recipient of
636-the grant.
637-"Public institution of higher education" means Chicago
638-State University, Eastern Illinois University, Governors State
639-University, Illinois State University, Northeastern Illinois
640-University, Northern Illinois University, Southern Illinois
641-University, University of Illinois, Western Illinois
642-University, and, for purposes of this Code only, the Illinois
643-Mathematics and Science Academy.
644-(g) (Blank).
645-(h) The General Assembly finds and declares that:
646-(1) Public Act 98-1076, which took effect on January
647-1, 2015, changed the repeal date set for this Section from
648-December 31, 2014 to December 31, 2016.
649-(2) The Statute on Statutes sets forth general rules
650-on the repeal of statutes and the construction of multiple
651-amendments, but Section 1 of that Act also states that
652-these rules will not be observed when the result would be
653-"inconsistent with the manifest intent of the General
654-Assembly or repugnant to the context of the statute".
655-(3) This amendatory Act of the 100th General Assembly
656-manifests the intention of the General Assembly to remove
657-the repeal of this Section.
658-
659-
660-(4) This Section was originally enacted to protect,
661-promote, and preserve the general welfare. Any
662-construction of this Section that results in the repeal of
663-this Section on December 31, 2014 would be inconsistent
664-with the manifest intent of the General Assembly and
665-repugnant to the context of this Code.
666-It is hereby declared to have been the intent of the
667-General Assembly that this Section not be subject to repeal on
668-December 31, 2014.
669-This Section shall be deemed to have been in continuous
670-effect since December 20, 2011 (the effective date of Public
671-Act 97-643), and it shall continue to be in effect
672-henceforward until it is otherwise lawfully repealed. All
673-previously enacted amendments to this Section taking effect on
674-or after December 31, 2014, are hereby validated.
675-All actions taken in reliance on or pursuant to this
676-Section by any public institution of higher education, person,
677-or entity are hereby validated.
678-In order to ensure the continuing effectiveness of this
679-Section, it is set forth in full and re-enacted by this
680-amendatory Act of the 100th General Assembly. This
681-re-enactment is intended as a continuation of this Section. It
682-is not intended to supersede any amendment to this Section
683-that is enacted by the 100th General Assembly.
684-In this amendatory Act of the 100th General Assembly, the
685-base text of the reenacted Section is set forth as amended by
686-
687-
688-Public Act 98-1076. Striking and underscoring is used only to
689-show changes being made to the base text.
690-This Section applies to all procurements made on or before
691-the effective date of this amendatory Act of the 100th General
692-Assembly.
693-(Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22;
694-102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)
695-(30 ILCS 500/10-20)
696-Sec. 10-20. Independent chief procurement officers.
697-(a) Appointment. Within 60 calendar days after July 1,
698-2010 (the effective date of Public Act 96-795) this amendatory
699-Act of the 96th General Assembly, the Executive Ethics
700-Commission, with the advice and consent of the Senate shall
701-appoint or approve 4 chief procurement officers, one for each
702-of the following categories:
703-(1) for procurements for construction and
704-construction-related services committed by law to the
705-jurisdiction or responsibility of the Capital Development
706-Board;
707-(2) for procurements for all construction,
708-construction-related services, operation of any facility,
709-and the provision of any service or activity committed by
710-law to the jurisdiction or responsibility of the Illinois
711-Department of Transportation, including the direct or
712-reimbursable expenditure of all federal funds for which
713-
714-
715-the Department of Transportation is responsible or
716-accountable for the use thereof in accordance with federal
717-law, regulation, or procedure, the chief procurement
718-officer recommended for approval under this item appointed
719-by the Secretary of Transportation after consent by the
720-Executive Ethics Commission;
721-(3) for all procurements made by a public institution
722-of higher education; and
723-(4) for all other procurement needs of State agencies.
724-The For fiscal year 2024, the Executive Ethics Commission
725-shall set aside from its appropriation those amounts necessary
726-for the use of the 4 chief procurement officers for the
727-ordinary and contingent expenses of their respective
728-procurement offices. From the amounts set aside by the
729-Commission, each chief procurement officer shall control the
730-internal operations of his or her procurement office and shall
731-procure the necessary equipment, materials, and services to
732-perform the duties of that office, including hiring necessary
733-procurement personnel, legal advisors, and other employees,
734-and may establish, in the exercise of the chief procurement
735-officer's discretion, the compensation of the office's
736-employees, which includes the State purchasing officers and
737-any legal advisors. The Executive Ethics Commission shall have
738-no control over the employees of the chief procurement
739-officers. The Executive Ethics Commission shall provide
740-administrative support services, including payroll, for each
741-
742-
743-procurement office.
744-(b) Terms and independence. Each chief procurement officer
745-appointed under this Section shall serve for a term of 5 years
746-beginning on the date of the officer's appointment. The chief
747-procurement officer may be removed for cause after a hearing
748-by the Executive Ethics Commission. The Governor or the
749-director of a State agency directly responsible to the
750-Governor may institute a complaint against the officer by
751-filing such complaint with the Commission. The Commission
752-shall have a hearing based on the complaint. The officer and
753-the complainant shall receive reasonable notice of the hearing
754-and shall be permitted to present their respective arguments
755-on the complaint. After the hearing, the Commission shall make
756-a finding on the complaint and may take disciplinary action,
757-including but not limited to removal of the officer.
758-The salary of a chief procurement officer shall be
759-established by the Executive Ethics Commission and may not be
760-diminished during the officer's term. The salary may not
761-exceed the salary of the director of a State agency for which
762-the officer serves as chief procurement officer.
763-(c) Qualifications. In addition to any other requirement
764-or qualification required by State law, each chief procurement
765-officer must within 12 months of employment be a Certified
766-Professional Public Buyer or a Certified Public Purchasing
767-Officer, pursuant to certification by the Universal Public
768-Purchasing Certification Council, and must reside in Illinois.
769-
770-
771-(d) Fiduciary duty. Each chief procurement officer owes a
772-fiduciary duty to the State.
773-(e) Vacancy. In case of a vacancy in one or more of the
774-offices of a chief procurement officer under this Section
775-during the recess of the Senate, the Executive Ethics
776-Commission shall make a temporary appointment until the next
777-meeting of the Senate, when the Executive Ethics Commission
778-shall nominate some person to fill the office, and any person
779-so nominated who is confirmed by the Senate shall hold office
780-during the remainder of the term and until his or her successor
781-is appointed and qualified. If the Senate is not in session at
782-the time Public Act 96-920 this amendatory Act of the 96th
783-General Assembly takes effect, the Executive Ethics Commission
784-shall make a temporary appointment as in the case of a vacancy.
785-(f) (Blank).
786-(g) (Blank).
787-(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
788-(30 ILCS 500/20-20)
789-Sec. 20-20. Small purchases.
790-(a) Amount. Any individual procurement of supplies or
791-services not exceeding $100,000 and any procurement of
792-construction not exceeding $100,000, or any individual
793-procurement of professional or artistic services not exceeding
794-$100,000 may be made without competitive source selection.
795-Procurements shall not be artificially divided so as to
796-
797-
798-constitute a small purchase under this Section. Any
799-procurement of construction not exceeding $100,000 may be made
800-by an alternative competitive source selection. The
801-construction agency shall establish rules for an alternative
802-competitive source selection process. This Section does not
803-apply to construction-related professional services contracts
804-awarded in accordance with the provisions of the
805-Architectural, Engineering, and Land Surveying Qualifications
806-Based Selection Act.
807-(b) Adjustment. Each July 1, the small purchase maximum
808-established in subsection (a) shall be adjusted for inflation
809-as determined by the Consumer Price Index for All Urban
810-Consumers as determined by the United States Department of
811-Labor and rounded to the nearest $100.
812-(c) Based upon rules proposed by the Board and rules
813-promulgated by the chief procurement officers, the small
814-purchase maximum established in subsection (a) may be
815-modified.
816-(d) Certification. All small purchases with an annual
817-value that exceeds $50,000 shall be accompanied by Standard
818-Illinois Certifications in a form prescribed by each Chief
819-Procurement Officer.
820-(e) Cumulative small purchases. Cumulative small purchases
821-under $1,000 made in a previously non-contemplated manner by
822-the same or separate individuals or departments within an
823-agency or university that exceed the small purchase threshold
824-
825-
826-do not constitute stringing and are allowable under this Code.
827-(Source: P.A. 102-721, eff. 1-1-23; 102-1115, eff. 1-23-23
828-(See Section 99-999 of P.A. 102-1115 for effective date of
829-P.A. 102-1115); 102-1119, eff. 1-23-23.)
830-(30 ILCS 500/20-60)
831-Sec. 20-60. Duration of contracts.
832-(a) Maximum duration. A contract may be entered into for
833-any period of time deemed to be in the best interests of the
834-State but not exceeding 10 years inclusive, beginning January
835-1, 2010, of proposed contract renewals; provided, however, in
836-connection with the issuance of certificates of participation
837-or bonds, the governing board of a public institution of
838-higher education may enter into contracts in excess of 10
839-years but not to exceed 30 years for the purpose of financing
840-or refinancing real or personal property. Third parties may
841-lease State-owned dark fiber networks for any period of time
842-deemed to be in the best interest of the State, but not
843-exceeding 20 years. The length of a lease for real property or
844-capital improvements shall be in accordance with the
845-provisions of Section 40-25. The length of energy conservation
846-program contracts or energy savings contracts or leases shall
847-be in accordance with the provisions of Section 25-45. A
848-contract for bond or mortgage insurance awarded by the
849-Illinois Housing Development Authority, however, may be
850-entered into for any period of time less than or equal to the
851-
852-
853-maximum period of time that the subject bond or mortgage may
854-remain outstanding. Contracts may be entered into that extend
855-beyond the active term of the award, so long as the contract
856-was entered into prior to the award expiration date and does
857-not exceed 10 years.
858-(b) Subject to appropriation. All contracts made or
859-entered into shall recite that they are subject to termination
860-and cancellation in any year for which the General Assembly
861-fails to make an appropriation to make payments under the
862-terms of the contract.
863-(c) The chief procurement officer shall file a proposed
864-extension or renewal of a contract with the Procurement Policy
865-Board and the Commission on Equity and Inclusion prior to
866-entering into any extension or renewal if the cost associated
867-with the extension or renewal exceeds $249,999. The
868-Procurement Policy Board or the Commission on Equity and
869-Inclusion may object to the proposed extension or renewal
870-within 14 calendar days and require a hearing before the Board
871-or the Commission on Equity and Inclusion prior to entering
872-into the extension or renewal. If the Procurement Policy Board
873-or the Commission on Equity and Inclusion does not object
874-within 14 calendar days or takes affirmative action to
875-recommend the extension or renewal, the chief procurement
876-officer may enter into the extension or renewal of a contract.
877-This subsection does not apply to any emergency procurement,
878-any procurement under Article 40, or any procurement exempted
879-
880-
881-by Section 1-10(b) of this Code. If any State agency contract
882-is paid for in whole or in part with federal-aid funds, grants,
883-or loans and the provisions of this subsection would result in
884-the loss of those federal-aid funds, grants, or loans, then
885-the contract is exempt from the provisions of this subsection
886-in order to remain eligible for those federal-aid funds,
887-grants, or loans, and the State agency shall file notice of
888-this exemption with the Procurement Policy Board or the
889-Commission on Equity and Inclusion prior to entering into the
890-proposed extension or renewal. Nothing in this subsection
891-permits a chief procurement officer to enter into an extension
892-or renewal in violation of subsection (a). By August 1 each
893-year, the Procurement Policy Board and the Commission on
894-Equity and Inclusion shall each file a report with the General
895-Assembly identifying for the previous fiscal year (i) the
896-proposed extensions or renewals that were filed and whether
897-such extensions and renewals were objected to and (ii) the
898-contracts exempt from this subsection.
899-(d) Notwithstanding the provisions of subsection (a) of
900-this Section, the Department of Innovation and Technology may
901-enter into leases for dark fiber networks for any period of
902-time deemed to be in the best interests of the State but not
903-exceeding 20 years inclusive. The Department of Innovation and
904-Technology may lease dark fiber networks from third parties
905-only for the primary purpose of providing services (i) to the
906-offices of Governor, Lieutenant Governor, Attorney General,
907-
908-
909-Secretary of State, Comptroller, or Treasurer and State
910-agencies, as defined under Section 5-15 of the Civil
911-Administrative Code of Illinois or (ii) for anchor
912-institutions, as defined in Section 7 of the Illinois Century
913-Network Act. Dark fiber network lease contracts shall be
914-subject to all other provisions of this Code and any
915-applicable rules or requirements, including, but not limited
916-to, publication of lease solicitations, use of standard State
917-contracting terms and conditions, and approval of vendor
918-certifications and financial disclosures.
919-(e) As used in this Section, "dark fiber network" means a
920-network of fiber optic cables laid but currently unused by a
921-third party that the third party is leasing for use as network
922-infrastructure.
923-(f) No vendor shall be eligible for renewal of a contract
924-when that vendor has failed to meet the goals agreed to in the
925-vendor's utilization plan, as defined in Section 2 of the
926-Business Enterprise for Minorities, Women, and Persons with
927-Disabilities Act, unless the State agency or public
928-institution of higher education has determined that the vendor
929-made good faith efforts toward meeting the contract goals. If
930-the State agency or public institution of higher education
931-determines that the vendor made good faith efforts, the agency
932-or public institution of higher education may issue a waiver
933-after concurrence by the chief procurement officer, which
934-shall not be unreasonably withheld or impair a State agency
935-
936-
937-determination to execute the renewal. The form and content of
938-the waiver shall be prescribed by each chief procurement
939-officer, but shall not impair a State agency or public
940-institution of higher education determination to execute the
941-renewal. The chief procurement officer shall post the
942-completed form on his or her official website within 5
943-business days after receipt from the State agency or public
944-institution of higher education. The chief procurement officer
945-shall maintain on his or her official website a database of
946-waivers granted under this Section with respect to contracts
947-under his or her jurisdiction. The database shall be updated
948-periodically and shall be searchable by contractor name and by
949-contracting State agency or public institution of higher
950-education.
951-(Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
952-103-570, eff. 1-1-24.)
953-(30 ILCS 500/20-180 new)
954-Sec. 20-180. Electronic procurement systems. Nothing in
955-this Code prohibits State agencies from accepting bids or
956-proposals for competitive solicitations submitted solely via
957-an electronic procurement system as long as the electronic
958-system integrates with that portfolio's procurement bulletin
959-and all other provisions of this Code are met. A State agency
960-may not adopt a rule that prohibits a State agency from
961-accepting bids or proposals for competitive solicitations
962-
963-
964-submitted solely via an electronic procurement system as long
965-as the electronic procurement system integrates with that
966-portfolio's procurement bulletin and all other provisions of
967-this Code are met.
968-(30 ILCS 500/30-17 new)
969-Sec. 30-17. Job order contracting.
970-(a) In this Section:
971-"Indefinite quantity contract" means a contract for an
972-indefinite quantity of services for a fixed time or for a job
973-order contract.
974-"Job order contracting" means an indefinite quantity
975-contract pursuant to which a contractor may perform an ongoing
976-series of individual tasks at different facilities, locations,
977-and sites under the jurisdiction of a State construction
978-agency.
979-(b) Construction agencies may procure construction
980-contracts via job order contracting through the use of
981-competitive sealed bidding in accordance with Section 30-15.
982-(30 ILCS 500/50-57 new)
983-Sec. 50-57. Curability.
984-(a) If, during an active procurement, a violation or
985-deficiency of this Code, or of the procurement rules,
986-regulations, policies, or practices promulgated by a chief
987-procurement officer under this Code occurs, then, at the
988-
989-
990-request of the State purchasing officer and agency head, the
991-chief procurement officer may determine that curing the
992-violation or deficiency is in the best interest of the State.
993-The request to cure shall be in writing and include a clear
994-description of the violation or deficiency. The State
995-purchasing officer and agency head shall request a cure only
996-when the integrity, transparency, and efficiency of the
997-procurement can be maintained. In making a determination, the
998-chief procurement officer shall consider the harm to
999-stakeholders and the value to the State in permitting the cure
1000-and the seriousness of the violation or deficiency. The
1001-determination shall be in writing and include the basis for
1002-permitting or denying the request. If a cure is permitted, the
1003-determination shall include a clear description of the action
1004-necessary to cure the violation or deficiency.
1005-(b) The chief procurement officer shall post all
1006-determinations on his or her official website within 14 days
1007-after completion of the procurement. The chief procurement
1008-officer shall report to the Governor and General Assembly, by
1009-no later than November 1 of each year, a summary of
1010-determinations for the previous fiscal year. Permitting a cure
1011-does not absolve any person, as defined in Section 1-15.55,
1012-from any penalties in law. Each chief procurement officer may
1013-adopt rules to implement and administer this Section.
1014-Section 2-10. The State Property Control Act is amended by
1015-
1016-
1017-changing Section 7a as follows:
1018-(30 ILCS 605/7a)
1019-Sec. 7a. Surplus furniture. It is declared to be the
1020-public policy of this State, and the General Assembly
1021-determines, that it is in the best interest of the people of
1022-this State to expend the least amount of funds possible on the
1023-purchase of furniture.
1024-Agencies that desire to purchase new furniture shall first
1025-check with the administrator if any of the surplus furniture
1026-under the administrator's control can be used in place of new
1027-furniture. If an agency finds that it is unable to use the
1028-surplus property, the agency may proceed with the new
1029-furniture purchase. The the agency shall file annually, not
1030-later than January 31 of the next year, a report an affidavit
1031-with the administrator prior to any purchase, specifying the
1032-types of new furniture purchased to be bought, the quantities
1033-of each type of new furniture, the cost per type, and the total
1034-cost per category. The report affidavit shall also clearly
1035-state why the furniture was must be purchased new as opposed to
1036-obtained from the administrator's surplus. The reports
1037-affidavits shall be made available by the administrator for
1038-public inspection and copying.
1039-This Section applies only to the purchase of an item of
1040-furniture with a purchase price of $1,500 $500 or more.
1041-(Source: P.A. 88-515; 88-656, eff. 9-16-94.)
1042-
1043-
1044-Section 2-15. The Counties Code is amended by changing
1045-Sections 5-1022 and 6-1003 as follows:
1046-(55 ILCS 5/5-1022)
1047-Sec. 5-1022. Competitive bids.
1048-(a) Any purchase by a county with fewer than 2,000,000
1049-inhabitants, or an elected official in a county with fewer
1050-than 2,000,000 inhabitants, including an elected official with
1051-control of the internal operations of the office, of services,
1052-materials, equipment, or supplies in excess of $30,000, other
1053-than professional services, shall be contracted for in one of
1054-the following ways:
1055-(1) by a contract let to the lowest responsible bidder
1056-after advertising for bids in a newspaper published within
1057-the county or, if no newspaper is published within the
1058-county, then a newspaper having general circulation within
1059-the county; or
1060-(2) by a contract let without advertising for bids in
1061-the case of an emergency if authorized by the county
1062-board; or .
1063-(3) by a contract let without advertising for bids in
1064-the case of the expedited replacement of a disabled,
1065-inoperable, or damaged patrol vehicle of the sheriff's
1066-department if authorized by the county board.
1067-(b) In determining the lowest responsible bidder, the
1068-
1069-
1070-county board shall take into consideration the qualities of
1071-the articles supplied; their conformity with the
1072-specifications; their suitability to the requirements of the
1073-county; the availability of support services; the uniqueness
1074-of the service, materials, equipment, or supplies as it
1075-applies to networked, integrated computer systems; the
1076-compatibility to existing equipment; and the delivery terms.
1077-In addition, the county board may take into consideration the
1078-bidder's active participation in an applicable apprenticeship
1079-program registered with the United States Department of Labor.
1080-The county board also may take into consideration whether a
1081-bidder is a private enterprise or a State-controlled
1082-enterprise and, notwithstanding any other provision of this
1083-Section or a lower bid by a State-controlled enterprise, may
1084-let a contract to the lowest responsible bidder that is a
1085-private enterprise.
1086-(c) This Section does not apply to contracts by a county
1087-with the federal government or to purchases of used equipment,
1088-purchases at auction or similar transactions which by their
1089-very nature are not suitable to competitive bids, pursuant to
1090-an ordinance adopted by the county board.
1091-(d) Notwithstanding the provisions of this Section, a
1092-county may let without advertising for bids in the case of
1093-purchases and contracts, when individual orders do not exceed
1094-$35,000, for the use, purchase, delivery, movement, or
1095-installation of data processing equipment, software, or
1096-
1097-
1098-services and telecommunications and inter-connect equipment,
1099-software, and services.
1100-(e) A county may require, as a condition of any contract
1101-for goods and services, that persons awarded a contract with
1102-the county and all affiliates of the person collect and remit
1103-Illinois Use Tax on all sales of tangible personal property
1104-into the State of Illinois in accordance with the provisions
1105-of the Illinois Use Tax Act regardless of whether the person or
1106-affiliate is a "retailer maintaining a place of business
1107-within this State" as defined in Section 2 of the Use Tax Act.
1108-For purposes of this subsection (e), the term "affiliate"
1109-means any entity that (1) directly, indirectly, or
1110-constructively controls another entity, (2) is directly,
1111-indirectly, or constructively controlled by another entity, or
1112-(3) is subject to the control of a common entity. For purposes
1113-of this subsection (e), an entity controls another entity if
1114-it owns, directly or individually, more than 10% of the voting
1115-securities of that entity. As used in this subsection (e), the
1116-term "voting security" means a security that (1) confers upon
1117-the holder the right to vote for the election of members of the
1118-board of directors or similar governing body of the business
1119-or (2) is convertible into, or entitles the holder to receive
1120-upon its exercise, a security that confers such a right to
1121-vote. A general partnership interest is a voting security.
1122-(f) Bids submitted to, and contracts executed by, the
1123-county may require a certification by the bidder or contractor
1124-
1125-
1126-that the bidder or contractor is not barred from bidding for or
1127-entering into a contract under this Section and that the
1128-bidder or contractor acknowledges that the county may declare
1129-the contract void if the certification completed pursuant to
1130-this subsection (f) is false.
1131-(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23;
1132-revised 12-12-23.)
1133-(55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)
1134-Sec. 6-1003. Further appropriations barred; transfers.
1135-After the adoption of the county budget, no further
1136-appropriations shall be made at any other time during such
1137-fiscal year, except as provided in this Division.
1138-Appropriations in excess of those authorized by the budget in
1139-order to meet an immediate emergency may be made at any meeting
1140-of the board by a two-thirds vote of all the members
1141-constituting such board, the vote to be taken by ayes and nays
1142-and entered on the record of the meeting. After the adoption of
1143-the county budget, transfers of appropriations may be made
1144-without a vote of the board; however, transfers of
1145-appropriations affecting personnel and capital may be made at
1146-any meeting of the board by a two-thirds vote of all the
1147-members constituting such board, the vote to be taken by ayes
1148-and nays and entered on the record of the meeting, provided for
1149-any type of transfer that the total amount appropriated for
1150-the fund is not affected.
1151-
1152-
1153-This Section applies to all elected officials, including
1154-elected officials with control of the internal operations of
1155-their office.
1156-(Source: P.A. 99-356, eff. 8-13-15; 99-642, eff. 7-28-16.)
1157-ARTICLE 3.
1158-Section 3-5. The Department of Natural Resources Act is
1159-amended by changing Section 1-20 and by adding Section 1-50 as
1160-follows:
1161-(20 ILCS 801/1-20)
1162-Sec. 1-20. Real property. The Department has the power:
1163-(a) To transfer jurisdiction of any realty under the
1164-control of the Department to any other Department of the State
1165-Government, or to any authority, commission or other agency of
1166-the State, and to acquire or accept federal lands, when such
1167-transfer, acquisition or acceptance is advantageous to the
1168-State and is approved in writing by the Governor.
1169-(b) To lease, from time to time, any land or property, with
1170-or without appurtenances, of which the Department has
1171-jurisdiction, and which are not immediately to be used or
1172-developed by the State; provided that no such lease be for a
1173-longer period of time than that in which it can reasonably be
1174-expected the State will not have use for such property, and
1175-further provided that no such lease be for a longer period of
1176-
1177-
1178-time than 10 5 years.
1179-(c) To lease any land or property over which the
1180-Department has jurisdiction for the purpose of creating,
1181-operating, or maintaining a commercial solar energy system, as
1182-defined in Section 10-720 of the Property Tax Code, or a clean
1183-energy project, as defined in the Department of Natural
1184-Resources (Conservation) Law of the Civil Administrative Code
1185-of Illinois. A lease under this subsection (c) shall not be for
1186-a period longer than 40 years. The Department shall
1187-competitively bid any project authorized pursuant to this
1188-subsection (c) pursuant to the requirements of Section 20-15
1189-and subsections (c) and (f) of Section 20-10 of the Illinois
1190-Procurement Code. No person or business shall submit
1191-specifications to the Department pursuant to this subsection
1192-(c) unless requested to do so by an employee of the State. No
1193-person or business who contracts with a State agency to write
1194-specifications for any project pursuant to this subsection (c)
1195-shall submit a bid or proposal, review or evaluate any
1196-prospective proposals from the competitive bidding process, or
1197-receive a contract for any project issued pursuant to this
1198-subsection (c). If practical, the Department shall require
1199-that any land or property over which the Department has
1200-jurisdiction and that is used for the purpose of creating,
1201-operating, or maintaining a commercial solar energy system
1202-shall have implemented on it and maintained management
1203-practices that would qualify the land or property as a
1204-
1205-
1206-beneficial habitat under the Pollinator-Friendly Solar Site
1207-Act. The Department shall prioritize commercial solar energy
1208-system sites based on their suitability and economic
1209-feasibility for solar use. The Department shall then
1210-prioritize commercial solar energy system sites with a
1211-significant history of disturbance, such as former strip mines
1212-or previously developed sites. The Department may consider any
1213-land use that is lost from the installation of a commercial
1214-solar energy system in making a determination regarding the
1215-suitability of a site. At least 60 days before entering into a
1216-lease for a commercial solar energy system under this
1217-subsection (c), the Department shall post in the Illinois
1218-Register and on the Department's website notice of the
1219-Department's intent to enter into the lease and shall provide
1220-a copy of the notice to a municipality if the leased area is
1221-located within the borders of the municipality. The notice
1222-shall include the specific location and size of the proposed
1223-commercial solar energy system. The Department shall consider
1224-and respond to all public comments regarding the posting that
1225-are received by the Department within 30 days of the posting.
1226-(Source: P.A. 89-445, eff. 2-7-96.)
1227-(20 ILCS 801/1-50 new)
1228-Sec. 1-50. Administrative rules. The Department of Natural
1229-Resources may adopt rules necessary to carry out its duties
1230-under this Act.
1231-
1232-
1233-Section 3-10. The Department of Natural Resources
1234-(Conservation) Law of the Civil Administrative Code of
1235-Illinois is amended by changing Sections 805-5, 805-230, and
1236-805-235 and by adding Sections 805-280 and 805-580 as follows:
1237-(20 ILCS 805/805-5)
1238-Sec. 805-5. Definitions. In this Law:
1239-"Clean energy" means energy that is generated, by design
1240-or operation, in a manner that is substantially free of carbon
1241-dioxide emissions or in a manner that otherwise contributes to
1242-the reduction in emissions of environmentally hazardous
1243-materials or reduces the volume of environmentally dangerous
1244-materials.
1245-"Clean energy project" means a project that is undertaken
1246-to acquire, construct, refurbish, create, develop, or
1247-redevelop any facility, equipment, machinery, or real or
1248-personal property and that will aid, assist, or encourage the
1249-development or implementation of clean energy in the State.
1250-"Department" means the Department of Natural Resources.
1251-"Director" means the Director of Natural Resources.
1252-(Source: P.A. 91-239, eff. 1-1-00.)
1253-(20 ILCS 805/805-230) (was 20 ILCS 805/63a18)
1254-Sec. 805-230. Developing recreational areas. The
1255-Department has the power to lease from individuals,
1256-
1257-
1258-corporations, or any other form of private ownership, from any
1259-municipality, public corporation, or political subdivision of
1260-this State, or from the United States any lands or waters for
1261-the purpose of developing outdoor recreational areas for
1262-public use and to acquire all necessary property or
1263-rights-of-way for the purposes of ingress or egress to those
1264-lands and waters and to construct buildings and other
1265-recreational facilities, including roadways, bridges, and
1266-parking areas, commercial solar energy systems, and clean
1267-energy projects that the Department deems necessary or
1268-desirable for maximum utilization of recreational facilities
1269-for public use of the areas.
1270-(Source: P.A. 91-239, eff. 1-1-00.)
1271-(20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
1272-Sec. 805-235. Lease of lands acquired by the Department;
1273-disposition of obsolete buildings. The Department has the
1274-power to do and perform each and every act or thing considered
1275-by the Director to be necessary or desirable to fulfill and
1276-carry out the intent and purpose of all laws pertaining to the
1277-Department, including the right to rehabilitate or sell at
1278-public auction buildings or structures affixed to lands over
1279-which the Department has acquired jurisdiction when in the
1280-judgment of the Director those buildings or structures are
1281-obsolete, inadequate, or unusable for the purposes of the
1282-Department and to lease those lands with or without
1283-
1284-
1285-appurtenances for a consideration in money or in kind for a
1286-period of time not in excess of 10 5 years for the purposes and
1287-upon the terms and conditions that the Director considers to
1288-be in the best interests of the State when those lands are not
1289-immediately to be used or developed by the State. All those
1290-sales shall be made subject to the written approval of the
1291-Governor. The funds derived from those sales and from those
1292-leases shall be deposited in the State Parks Fund, except that
1293-funds derived from those sales and from those leases on lands
1294-managed and operated principally as wildlife or fisheries
1295-areas by the Department shall be deposited in the Wildlife and
1296-Fish Fund.
1297-(Source: P.A. 91-239, eff. 1-1-00.)
1298-(20 ILCS 805/805-280 new)
1299-Sec. 805-280. Leases for the purpose of creating,
1300-operating, or maintaining a commercial solar energy system or
1301-clean energy project. The Department may lease any land or
1302-property over which the Department has jurisdiction for the
1303-purpose of creating, operating, or maintaining a commercial
1304-solar energy system, as defined in Section 10-720 of the
1305-Property Tax Code, or a clean energy project. The lease shall
1306-not be for a period longer than 40 years. The Department shall
1307-competitively bid any project authorized pursuant to this
1308-Section pursuant to the requirements of Section 20-15, and
1309-subsections (c) and (f) of Section 20-10 of the Illinois
1310-
1311-
1312-Procurement Code. No person or business shall submit
1313-specifications to the Department pursuant to this Section
1314-unless requested to do so by an employee of the State. No
1315-person or business who contracts with a State agency to write
1316-specifications for any project pursuant to this Section shall
1317-submit a bid or proposal, review or evaluate any prospective
1318-proposals from the competitive bidding process, or receive a
1319-contract for any project issued pursuant to this Section. The
1320-Department shall require that any lease must provide for a
1321-signed project labor agreement for the length of the lease
1322-term. A project labor agreement entered into under this
1323-Section shall be entered into with the local building and
1324-construction trades council having geographic jurisdiction
1325-over the project. If practical, the Department shall require
1326-that any land or property over which the Department has
1327-jurisdiction that is used for the purpose of creating,
1328-operating, or maintaining a commercial solar energy system
1329-shall have implemented on it and maintained management
1330-practices that would qualify the land or property as a
1331-beneficial habitat under the Pollinator-Friendly Solar Site
1332-Act. The Department shall require that any lease must include
1333-a signed project labor agreement for the length of the lease
1334-term. The Department shall prioritize commercial solar energy
1335-system sites based on their suitability and economic
1336-feasibility for solar use. The Department shall then
1337-prioritize commercial solar energy system sites with a
1338-
1339-
1340-significant history of disturbance, such as former strip mines
1341-or previously developed sites. The Department may consider any
1342-land use that is lost from the installation of a commercial
1343-solar energy system in making a determination for the
1344-suitability of a site.
1345-(20 ILCS 805/805-580 new)
1346-Sec. 805-580. Electric vehicle charging stations.
1347-(a) The Department may provide for at least one electric
1348-vehicle charging station, as defined in the Electric Vehicle
1349-Act, at any State park or other real property that is owned by
1350-the Department where electrical service will reasonably
1351-permit. The Department is authorized to charge user fees for
1352-the use of such electric vehicle charging stations.
1353-(b) The Department may adopt and publish specifications
1354-detailing the kind and type of electric vehicle charging
1355-stations to be provided and may adopt rules governing the fees
1356-for use of electric vehicle charging stations at State parks
1357-or other real property that is owned by the Department.
1358-Section 3-15. The State Parks Act is amended by changing
1359-Sections 2, 3, 3a, and 4 as follows:
1360-(20 ILCS 835/2) (from Ch. 105, par. 466)
1361-Sec. 2. It shall be the policy of the State of Illinois to
1362-acquire a system of State parks which shall embody the
1363-
1364-
1365-following purposes and objectives:
1366-(1) To preserve the most important historic sites and
1367-events that which are connected with the peoples who are
1368-geographically and culturally affiliated to the land now
1369-known as the State of Illinois early pioneer or Indian
1370-history, so that their such history of the Indians,
1371-explorers, missionaries and settlers may be preserved, not
1372-only as a tribute to those peoples that came before us who
1373-made possible the building of the State of Illinois and of
1374-the Union, but also as a part of the education of present
1375-and future Illinois citizens.
1376-(2) To set aside as public reservations those
1377-locations which have unusual scenic attractions caused by
1378-geologic or topographic formations, such as canyons,
1379-gorges, caves, dunes, beaches, moraines, palisades,
1380-examples of Illinois prairie, and points of scientific
1381-interest to botanists and naturalists. These areas should
1382-be large in size and whenever practicable shall be not
1383-less than 1,000 acres in extent. However, smaller areas
1384-may be acquired wherever conditions do not warrant the
1385-acquisition of the larger acreage.
1386-(3) To preserve large forested areas and marginal
1387-lands along the rivers, small water courses, and lakes for
1388-a recreation use different from that given by the typical
1389-city park, and so that these tracts may remain unchanged
1390-by civilization, so far as possible, and be kept for
1391-
1392-
1393-future generations. Such areas also, should be acquired in
1394-units of 1,000 acres or more and may be available as fish
1395-and game preserves. However, smaller areas may be acquired
1396-wherever conditions do not warrant the acquisition of the
1397-larger acreage.
1398-(4) To connect these parks with each other by a system
1399-of scenic parkways with widths varying from 100 to 1,000
1400-feet, as a supplement to and completion of the State
1401-highway system. Where the present State highway routes may
1402-serve this purpose, their location, alignment and design
1403-should be studied with this plan in view. At suitable
1404-locations along these highways, pure water supplies and
1405-shelters and comfort facilities of attractive design may
1406-be installed for the convenience of the public.
1407-The Department of Natural Resources is authorized on in
1408-behalf of the State of Illinois to accept by donation or
1409-bequest, to purchase or acquire by condemnation proceedings in
1410-the manner provided for the exercise of the power of eminent
1411-domain under the Eminent Domain Act, or by contract for deed
1412-payable over a period of time not to exceed 10 years, or in any
1413-other legal manner, the title to all such lands, waters or
1414-regions, and the easements appurtenant or contributory
1415-thereto, which shall be in accord with such policy in respect
1416-to a system of State parks, for the purpose of which the
1417-General Assembly may make an appropriation. Purchases by
1418-contract for deed under this Section shall not exceed
1419-
1420-
1421-$20,000,000 in total purchase price for land under contract at
1422-any one given time.
1423-(Source: P.A. 94-1055, eff. 1-1-07.)
1424-(20 ILCS 835/3) (from Ch. 105, par. 467)
1425-Sec. 3. (a) As used in this Section, "artificial
1426-landscaping" does not include any landscaping or other site
1427-modification or use resulting from any lease entered into by
1428-the Department of Natural Resources for the creation,
1429-operation, or maintenance of a commercial solar energy system,
1430-as defined in Section 10-720 of the Property Tax Code, or a
1431-clean energy project, as defined in the Department of Natural
1432-Resources (Conservation) Law of the Civil Administrative Code
1433-of Illinois. Instead, these site modifications and uses are
1434-hereby deemed to support conservation of the original
1435-character of the parks.
1436-(b) In maintaining the State parks, the Department of
1437-Natural Resources shall conserve the original character as
1438-distinguished from the artificial landscaping of such parks.
1439-(Source: P.A. 89-445, eff. 2-7-96.)
1440-(20 ILCS 835/3a) (from Ch. 105, par. 467a)
1441-Sec. 3a. The Department of Natural Resources shall not
1442-dispose of any portion of a State park except as specifically
1443-authorized by law. This prohibition shall not restrict the
1444-Department from conveyance of easements, leases, and other
1445-
1446-
1447-lesser interests in land.
1448-(Source: P.A. 89-445, eff. 2-7-96.)
1449-(20 ILCS 835/4) (from Ch. 105, par. 468)
1450-Sec. 4. The Department of Natural Resources has the power:
1451-(1) To make rules and regulations necessary to carry out
1452-its duties under this Act, including rules and regulations for
1453-the use, care, improvement, control and administration of
1454-lands under its jurisdiction, and to enforce the same.
1455-(2) To employ such custodians, keepers, clerks,
1456-assistants, laborers and subordinates as may be necessary to
1457-carry out the provisions of this Act.
1458-(3) To lay out, construct and maintain all needful roads,
1459-parking areas, paths or trails, bridges, and docks, camp or
1460-lodge sites, picnic areas, beach houses, lodges and cabins and
1461-any other structures and improvements necessary and
1462-appropriate in any state park or easement thereto; and to
1463-provide water supplies, heat and light, and sanitary
1464-facilities for the public and living quarters for the
1465-custodians and keepers of state parks.
1466-(4) To replant any devastated native plant areas of any
1467-State park or increase or supplement the same when necessary
1468-with plant material indigenous to such park.
1469-(5) To cooperate with the United States government and
1470-with other states in matters relating to the care,
1471-improvement, control and administration of national or
1472-
1473-
1474-interstate parks.
1475-(6) To cooperate and contract with any agency,
1476-organization or individual in a manner consistent with the
1477-purposes of this Act and the powers granted the Department
1478-herein.
1479-(7) To accept and administer gifts, grants and legacies of
1480-money, securities or property to be used by the Department of
1481-Natural Resources for the purposes of this Act and according
1482-to the tenor of such gift, grant or legacy.
1483-(8) To enter into leases that allow for the creation,
1484-operation, or maintenance of a commercial solar energy system,
1485-as defined in Section 10-720 of the Property Tax Code, or a
1486-clean energy project, as defined in the Department of Natural
1487-Resources (Conservation) Law of the Civil Administrative Code
1488-of Illinois. If practical, the Department shall require that
1489-any land or property over which the Department has
1490-jurisdiction that is used for the purpose of creating,
1491-operating, or maintaining a commercial solar energy system
1492-shall have implemented on it and maintained management
1493-practices that would qualify the land or property as a
1494-beneficial habitat under the Pollinator-Friendly Solar Site
1495-Act. The Department shall require that any lease must include
1496-a signed project labor agreement for the length of the lease
1497-term. A project labor agreement entered into under this
1498-Section shall be entered into with the local building and
1499-construction trades council having geographic jurisdiction
1500-
1501-
1502-over the project. The Department shall prioritize commercial
1503-solar energy system sites based on their suitability and
1504-economic feasibility for solar use. The Department shall then
1505-prioritize commercial solar energy system sites with a
1506-significant history of disturbance, such as former strip mines
1507-or previously developed sites. In making a determination for
1508-the suitability of a site, the Department may consider any
1509-land use that is lost from the installation of a commercial
1510-solar energy system.
1511-(Source: P.A. 89-445, eff. 2-7-96.)
1512-ARTICLE 5.
1513-Section 5-5. The Illinois Procurement Code is amended by
1514-changing Section 20-60 as follows:
1515-(30 ILCS 500/20-60)
1516-Sec. 20-60. Duration of contracts.
1517-(a) Maximum duration. A contract may be entered into for
1518-any period of time deemed to be in the best interests of the
1519-State but not exceeding 10 years inclusive, beginning January
1520-1, 2010, of proposed contract renewals; provided, however, in
1521-connection with the issuance of certificates of participation
1522-or bonds, the governing board of a public institution of
1523-higher education may enter into contracts in excess of 10
1524-years but not to exceed 30 years for the purpose of financing
1525-
1526-
1527-or refinancing real or personal property. Third parties may
1528-lease State-owned communications infrastructure, including
1529-dark fiber networks, conduit, and excess communication tower
1530-capacity, for any period of time deemed to be in the best
1531-interest of the State, but not exceeding 20 years. The length
1532-of a lease for real property or capital improvements shall be
1533-in accordance with the provisions of Section 40-25. The length
1534-of energy conservation program contracts or energy savings
1535-contracts or leases shall be in accordance with the provisions
1536-of Section 25-45. A contract for bond or mortgage insurance
1537-awarded by the Illinois Housing Development Authority,
1538-however, may be entered into for any period of time less than
1539-or equal to the maximum period of time that the subject bond or
1540-mortgage may remain outstanding.
1541-(b) Subject to appropriation. All contracts made or
1542-entered into shall recite that they are subject to termination
1543-and cancellation in any year for which the General Assembly
1544-fails to make an appropriation to make payments under the
1545-terms of the contract.
1546-(c) The chief procurement officer shall file a proposed
1547-extension or renewal of a contract with the Procurement Policy
1548-Board and the Commission on Equity and Inclusion prior to
1549-entering into any extension or renewal if the cost associated
1550-with the extension or renewal exceeds $249,999. The
1551-Procurement Policy Board or the Commission on Equity and
1552-Inclusion may object to the proposed extension or renewal
1553-
1554-
1555-within 14 calendar days and require a hearing before the Board
1556-or the Commission on Equity and Inclusion prior to entering
1557-into the extension or renewal. If the Procurement Policy Board
1558-or the Commission on Equity and Inclusion does not object
1559-within 14 calendar days or takes affirmative action to
1560-recommend the extension or renewal, the chief procurement
1561-officer may enter into the extension or renewal of a contract.
1562-This subsection does not apply to any emergency procurement,
1563-any procurement under Article 40, or any procurement exempted
1564-by Section 1-10(b) of this Code. If any State agency contract
1565-is paid for in whole or in part with federal-aid funds, grants,
1566-or loans and the provisions of this subsection would result in
1567-the loss of those federal-aid funds, grants, or loans, then
1568-the contract is exempt from the provisions of this subsection
1569-in order to remain eligible for those federal-aid funds,
1570-grants, or loans, and the State agency shall file notice of
1571-this exemption with the Procurement Policy Board or the
1572-Commission on Equity and Inclusion prior to entering into the
1573-proposed extension or renewal. Nothing in this subsection
1574-permits a chief procurement officer to enter into an extension
1575-or renewal in violation of subsection (a). By August 1 each
1576-year, the Procurement Policy Board and the Commission on
1577-Equity and Inclusion shall each file a report with the General
1578-Assembly identifying for the previous fiscal year (i) the
1579-proposed extensions or renewals that were filed and whether
1580-such extensions and renewals were objected to and (ii) the
1581-
1582-
1583-contracts exempt from this subsection.
1584-(d) Notwithstanding the provisions of subsection (a) of
1585-this Section, the Department of Innovation and Technology may
1586-enter into leases for dark fiber networks for any period of
1587-time deemed to be in the best interests of the State but not
1588-exceeding 20 years inclusive. The Department of Innovation and
1589-Technology may lease dark fiber networks from third parties
1590-only for the primary purpose of providing services (i) to the
1591-offices of Governor, Lieutenant Governor, Attorney General,
1592-Secretary of State, Comptroller, or Treasurer and State
1593-agencies, as defined under Section 5-15 of the Civil
1594-Administrative Code of Illinois or (ii) for anchor
1595-institutions, as defined in Section 7 of the Illinois Century
1596-Network Act. Dark fiber network lease contracts shall be
1597-subject to all other provisions of this Code and any
1598-applicable rules or requirements, including, but not limited
1599-to, publication of lease solicitations, use of standard State
1600-contracting terms and conditions, and approval of vendor
1601-certifications and financial disclosures.
1602-(e) As used in this Section, "dark fiber network" means a
1603-network of fiber optic cables laid but currently unused by a
1604-third party that the third party is leasing for use as network
1605-infrastructure.
1606-(f) No vendor shall be eligible for renewal of a contract
1607-when that vendor has failed to meet the goals agreed to in the
1608-vendor's utilization plan, as defined in Section 2 of the
1609-
1610-
1611-Business Enterprise for Minorities, Women, and Persons with
1612-Disabilities Act, unless the State agency or public
1613-institution of higher education has determined that the vendor
1614-made good faith efforts toward meeting the contract goals. If
1615-the State agency or public institution of higher education
1616-determines that the vendor made good faith efforts, the agency
1617-or public institution of higher education may issue a waiver
1618-after concurrence by the chief procurement officer, which
1619-shall not be unreasonably withheld or impair a State agency
1620-determination to execute the renewal. The form and content of
1621-the waiver shall be prescribed by each chief procurement
1622-officer, but shall not impair a State agency or public
1623-institution of higher education determination to execute the
1624-renewal. The chief procurement officer shall post the
1625-completed form on his or her official website within 5
1626-business days after receipt from the State agency or public
1627-institution of higher education. The chief procurement officer
1628-shall maintain on his or her official website a database of
1629-waivers granted under this Section with respect to contracts
1630-under his or her jurisdiction. The database shall be updated
1631-periodically and shall be searchable by contractor name and by
1632-contracting State agency or public institution of higher
1633-education.
1634-(Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
1635-103-570, eff. 1-1-24.)
1636-
1637-
1638-ARTICLE 7.
1639-Section 7-5. The Illinois Procurement Code is amended by
1640-adding Section 45-46 as follows:
1641-(30 ILCS 500/45-46 new)
1642-Sec. 45-46. Mid-size businesses.
1643-(a) As used in the Section, "mid-size business" means a
1644-business that is independently owned and operated and that is
1645-not dominant in its field of operation. "Mid-size business"
1646-includes a construction business with annual sales and
1647-receipts in excess of $14,000,000 but not over $45,000,000.
1648-(a-5) This Section applies only to construction-related
1649-procurements for the Illinois State Toll Highway Authority.
1650-(b) The chief procurement officer shall adopt rules to
1651-establish additional criteria to designate mid-size businesses
1652-for the purposes of the mid-size business set-asides described
1653-in subsection (c), including the number of employees and
1654-annual sales and receipts of the business. When computing the
1655-size status of a potential contractor, annual sales and
1656-receipts of the potential contractor and all of its affiliates
1657-shall be included. The maximum number of employees and the
1658-maximum annual sales and receipts that a mid-size business may
1659-have under the rules adopted by the chief procurement officer
1660-may vary from industry to industry, to the extent necessary to
1661-reflect differing characteristics of those industries, subject
1662-
1663-
1664-to the limitation that no business shall qualify as a mid-size
1665-business if its annual sales and receipts exceed $45,000,000.
1666-(c) The applicable chief procurement officer shall
1667-designate a fair proportion, as determined by the applicable
1668-chief procurement officer in consultation with the Illinois
1669-State Toll Highway Authority, of construction,
1670-construction-related, and construction support contracts as
1671-mid-size business set-asides for award to mid-size businesses
1672-in Illinois. Advertisements for bids or offers for these
1673-contracts shall specify designation as mid-size business
1674-set-asides. In awarding the contracts, only bids or offers
1675-from qualified mid-size businesses shall be considered. The
1676-Illinois State Toll Highway Authority shall prepare an annual
1677-report setting forth the use of this Section during the
1678-preceding fiscal year and shall provide that report to the
1679-applicable chief procurement officer no later than March 1 of
1680-each calendar year. This Section is repealed 5 years after the
1681-effective date of this Section.
1682-ARTICLE 10.
1683-Section 10-5. The Freedom of Information Act is amended by
1684-changing Section 7 as follows:
1685-(5 ILCS 140/7)
1686-Sec. 7. Exemptions.
1687-
1688-
1689-(1) When a request is made to inspect or copy a public
1690-record that contains information that is exempt from
1691-disclosure under this Section, but also contains information
1692-that is not exempt from disclosure, the public body may elect
1693-to redact the information that is exempt. The public body
1694-shall make the remaining information available for inspection
1695-and copying. Subject to this requirement, the following shall
1696-be exempt from inspection and copying:
1697-(a) Information specifically prohibited from
1698-disclosure by federal or State law or rules and
1699-regulations implementing federal or State law.
1700-(b) Private information, unless disclosure is required
1701-by another provision of this Act, a State or federal law,
1702-or a court order.
1703-(b-5) Files, documents, and other data or databases
1704-maintained by one or more law enforcement agencies and
1705-specifically designed to provide information to one or
1706-more law enforcement agencies regarding the physical or
1707-mental status of one or more individual subjects.
1708-(c) Personal information contained within public
1709-records, the disclosure of which would constitute a
1710-clearly unwarranted invasion of personal privacy, unless
1711-the disclosure is consented to in writing by the
1712-individual subjects of the information. "Unwarranted
1713-invasion of personal privacy" means the disclosure of
1714-information that is highly personal or objectionable to a
1715-
1716-
1717-reasonable person and in which the subject's right to
1718-privacy outweighs any legitimate public interest in
1719-obtaining the information. The disclosure of information
1720-that bears on the public duties of public employees and
1721-officials shall not be considered an invasion of personal
1722-privacy.
1723-(d) Records in the possession of any public body
1724-created in the course of administrative enforcement
1725-proceedings, and any law enforcement or correctional
1726-agency for law enforcement purposes, but only to the
1727-extent that disclosure would:
1728-(i) interfere with pending or actually and
1729-reasonably contemplated law enforcement proceedings
1730-conducted by any law enforcement or correctional
1731-agency that is the recipient of the request;
1732-(ii) interfere with active administrative
1733-enforcement proceedings conducted by the public body
1734-that is the recipient of the request;
1735-(iii) create a substantial likelihood that a
1736-person will be deprived of a fair trial or an impartial
1737-hearing;
1738-(iv) unavoidably disclose the identity of a
1739-confidential source, confidential information
1740-furnished only by the confidential source, or persons
1741-who file complaints with or provide information to
1742-administrative, investigative, law enforcement, or
1743-
1744-
1745-penal agencies; except that the identities of
1746-witnesses to traffic crashes, traffic crash reports,
1747-and rescue reports shall be provided by agencies of
1748-local government, except when disclosure would
1749-interfere with an active criminal investigation
1750-conducted by the agency that is the recipient of the
1751-request;
1752-(v) disclose unique or specialized investigative
1753-techniques other than those generally used and known
1754-or disclose internal documents of correctional
1755-agencies related to detection, observation, or
1756-investigation of incidents of crime or misconduct, and
1757-disclosure would result in demonstrable harm to the
1758-agency or public body that is the recipient of the
1759-request;
1760-(vi) endanger the life or physical safety of law
1761-enforcement personnel or any other person; or
1762-(vii) obstruct an ongoing criminal investigation
1763-by the agency that is the recipient of the request.
1764-(d-5) A law enforcement record created for law
1765-enforcement purposes and contained in a shared electronic
1766-record management system if the law enforcement agency
1767-that is the recipient of the request did not create the
1768-record, did not participate in or have a role in any of the
1769-events which are the subject of the record, and only has
1770-access to the record through the shared electronic record
1771-
1772-
1773-management system.
1774-(d-6) Records contained in the Officer Professional
1775-Conduct Database under Section 9.2 of the Illinois Police
1776-Training Act, except to the extent authorized under that
1777-Section. This includes the documents supplied to the
1778-Illinois Law Enforcement Training Standards Board from the
1779-Illinois State Police and Illinois State Police Merit
1780-Board.
1781-(d-7) Information gathered or records created from the
1782-use of automatic license plate readers in connection with
1783-Section 2-130 of the Illinois Vehicle Code.
1784-(e) Records that relate to or affect the security of
1785-correctional institutions and detention facilities.
1786-(e-5) Records requested by persons committed to the
1787-Department of Corrections, Department of Human Services
1788-Division of Mental Health, or a county jail if those
1789-materials are available in the library of the correctional
1790-institution or facility or jail where the inmate is
1791-confined.
1792-(e-6) Records requested by persons committed to the
1793-Department of Corrections, Department of Human Services
1794-Division of Mental Health, or a county jail if those
1795-materials include records from staff members' personnel
1796-files, staff rosters, or other staffing assignment
1797-information.
1798-(e-7) Records requested by persons committed to the
1799-
1800-
1801-Department of Corrections or Department of Human Services
1802-Division of Mental Health if those materials are available
1803-through an administrative request to the Department of
1804-Corrections or Department of Human Services Division of
1805-Mental Health.
1806-(e-8) Records requested by a person committed to the
1807-Department of Corrections, Department of Human Services
1808-Division of Mental Health, or a county jail, the
1809-disclosure of which would result in the risk of harm to any
1810-person or the risk of an escape from a jail or correctional
1811-institution or facility.
1812-(e-9) Records requested by a person in a county jail
1813-or committed to the Department of Corrections or
1814-Department of Human Services Division of Mental Health,
1815-containing personal information pertaining to the person's
1816-victim or the victim's family, including, but not limited
1817-to, a victim's home address, home telephone number, work
1818-or school address, work telephone number, social security
1819-number, or any other identifying information, except as
1820-may be relevant to a requester's current or potential case
1821-or claim.
1822-(e-10) Law enforcement records of other persons
1823-requested by a person committed to the Department of
1824-Corrections, Department of Human Services Division of
1825-Mental Health, or a county jail, including, but not
1826-limited to, arrest and booking records, mug shots, and
1827-
1828-
1829-crime scene photographs, except as these records may be
1830-relevant to the requester's current or potential case or
1831-claim.
1832-(f) Preliminary drafts, notes, recommendations,
1833-memoranda, and other records in which opinions are
1834-expressed, or policies or actions are formulated, except
1835-that a specific record or relevant portion of a record
1836-shall not be exempt when the record is publicly cited and
1837-identified by the head of the public body. The exemption
1838-provided in this paragraph (f) extends to all those
1839-records of officers and agencies of the General Assembly
1840-that pertain to the preparation of legislative documents.
1841-(g) Trade secrets and commercial or financial
1842-information obtained from a person or business where the
1843-trade secrets or commercial or financial information are
1844-furnished under a claim that they are proprietary,
1845-privileged, or confidential, and that disclosure of the
1846-trade secrets or commercial or financial information would
1847-cause competitive harm to the person or business, and only
1848-insofar as the claim directly applies to the records
1849-requested.
1850-The information included under this exemption includes
1851-all trade secrets and commercial or financial information
1852-obtained by a public body, including a public pension
1853-fund, from a private equity fund or a privately held
1854-company within the investment portfolio of a private
1855-
1856-
1857-equity fund as a result of either investing or evaluating
1858-a potential investment of public funds in a private equity
1859-fund. The exemption contained in this item does not apply
1860-to the aggregate financial performance information of a
1861-private equity fund, nor to the identity of the fund's
1862-managers or general partners. The exemption contained in
1863-this item does not apply to the identity of a privately
1864-held company within the investment portfolio of a private
1865-equity fund, unless the disclosure of the identity of a
1866-privately held company may cause competitive harm.
1867-Nothing contained in this paragraph (g) shall be
1868-construed to prevent a person or business from consenting
1869-to disclosure.
1870-(h) Proposals and bids for any contract, grant, or
1871-agreement, including information which if it were
1872-disclosed would frustrate procurement or give an advantage
1873-to any person proposing to enter into a contractor
1874-agreement with the body, until an award or final selection
1875-is made. Information prepared by or for the body in
1876-preparation of a bid solicitation shall be exempt until an
1877-award or final selection is made.
1878-(i) Valuable formulae, computer geographic systems,
1879-designs, drawings, and research data obtained or produced
1880-by any public body when disclosure could reasonably be
1881-expected to produce private gain or public loss. The
1882-exemption for "computer geographic systems" provided in
1883-
1884-
1885-this paragraph (i) does not extend to requests made by
1886-news media as defined in Section 2 of this Act when the
1887-requested information is not otherwise exempt and the only
1888-purpose of the request is to access and disseminate
1889-information regarding the health, safety, welfare, or
1890-legal rights of the general public.
1891-(j) The following information pertaining to
1892-educational matters:
1893-(i) test questions, scoring keys, and other
1894-examination data used to administer an academic
1895-examination;
1896-(ii) information received by a primary or
1897-secondary school, college, or university under its
1898-procedures for the evaluation of faculty members by
1899-their academic peers;
1900-(iii) information concerning a school or
1901-university's adjudication of student disciplinary
1902-cases, but only to the extent that disclosure would
1903-unavoidably reveal the identity of the student; and
1904-(iv) course materials or research materials used
1905-by faculty members.
1906-(k) Architects' plans, engineers' technical
1907-submissions, and other construction related technical
1908-documents for projects not constructed or developed in
1909-whole or in part with public funds and the same for
1910-projects constructed or developed with public funds,
1911-
1912-
1913-including, but not limited to, power generating and
1914-distribution stations and other transmission and
1915-distribution facilities, water treatment facilities,
1916-airport facilities, sport stadiums, convention centers,
1917-and all government owned, operated, or occupied buildings,
1918-but only to the extent that disclosure would compromise
1919-security.
1920-(l) Minutes of meetings of public bodies closed to the
1921-public as provided in the Open Meetings Act until the
1922-public body makes the minutes available to the public
1923-under Section 2.06 of the Open Meetings Act.
1924-(m) Communications between a public body and an
1925-attorney or auditor representing the public body that
1926-would not be subject to discovery in litigation, and
1927-materials prepared or compiled by or for a public body in
1928-anticipation of a criminal, civil, or administrative
1929-proceeding upon the request of an attorney advising the
1930-public body, and materials prepared or compiled with
1931-respect to internal audits of public bodies.
1932-(n) Records relating to a public body's adjudication
1933-of employee grievances or disciplinary cases; however,
1934-this exemption shall not extend to the final outcome of
1935-cases in which discipline is imposed.
1936-(o) Administrative or technical information associated
1937-with automated data processing operations, including, but
1938-not limited to, software, operating protocols, computer
1939-
1940-
1941-program abstracts, file layouts, source listings, object
1942-modules, load modules, user guides, documentation
1943-pertaining to all logical and physical design of
1944-computerized systems, employee manuals, and any other
1945-information that, if disclosed, would jeopardize the
1946-security of the system or its data or the security of
1947-materials exempt under this Section.
1948-(p) Records relating to collective negotiating matters
1949-between public bodies and their employees or
1950-representatives, except that any final contract or
1951-agreement shall be subject to inspection and copying.
1952-(q) Test questions, scoring keys, and other
1953-examination data used to determine the qualifications of
1954-an applicant for a license or employment.
1955-(r) The records, documents, and information relating
1956-to real estate purchase negotiations until those
1957-negotiations have been completed or otherwise terminated.
1958-With regard to a parcel involved in a pending or actually
1959-and reasonably contemplated eminent domain proceeding
1960-under the Eminent Domain Act, records, documents, and
1961-information relating to that parcel shall be exempt except
1962-as may be allowed under discovery rules adopted by the
1963-Illinois Supreme Court. The records, documents, and
1964-information relating to a real estate sale shall be exempt
1965-until a sale is consummated.
1966-(s) Any and all proprietary information and records
1967-
1968-
1969-related to the operation of an intergovernmental risk
1970-management association or self-insurance pool or jointly
1971-self-administered health and accident cooperative or pool.
1972-Insurance or self-insurance (including any
1973-intergovernmental risk management association or
1974-self-insurance pool) claims, loss or risk management
1975-information, records, data, advice, or communications.
1976-(t) Information contained in or related to
1977-examination, operating, or condition reports prepared by,
1978-on behalf of, or for the use of a public body responsible
1979-for the regulation or supervision of financial
1980-institutions, insurance companies, or pharmacy benefit
1981-managers, unless disclosure is otherwise required by State
1982-law.
1983-(u) Information that would disclose or might lead to
1984-the disclosure of secret or confidential information,
1985-codes, algorithms, programs, or private keys intended to
1986-be used to create electronic signatures under the Uniform
1987-Electronic Transactions Act.
1988-(v) Vulnerability assessments, security measures, and
1989-response policies or plans that are designed to identify,
1990-prevent, or respond to potential attacks upon a
1991-community's population or systems, facilities, or
1992-installations, but only to the extent that disclosure
1993-could reasonably be expected to expose the vulnerability
1994-or jeopardize the effectiveness of the measures, policies,
1995-
1996-
1997-or plans, or the safety of the personnel who implement
1998-them or the public. Information exempt under this item may
1999-include such things as details pertaining to the
2000-mobilization or deployment of personnel or equipment, to
2001-the operation of communication systems or protocols, to
2002-cybersecurity vulnerabilities, or to tactical operations.
2003-(w) (Blank).
2004-(x) Maps and other records regarding the location or
2005-security of generation, transmission, distribution,
2006-storage, gathering, treatment, or switching facilities
2007-owned by a utility, by a power generator, or by the
2008-Illinois Power Agency.
2009-(y) Information contained in or related to proposals,
2010-bids, or negotiations related to electric power
2011-procurement under Section 1-75 of the Illinois Power
2012-Agency Act and Section 16-111.5 of the Public Utilities
2013-Act that is determined to be confidential and proprietary
2014-by the Illinois Power Agency or by the Illinois Commerce
2015-Commission.
2016-(z) Information about students exempted from
2017-disclosure under Section 10-20.38 or 34-18.29 of the
2018-School Code, and information about undergraduate students
2019-enrolled at an institution of higher education exempted
2020-from disclosure under Section 25 of the Illinois Credit
2021-Card Marketing Act of 2009.
2022-(aa) Information the disclosure of which is exempted
2023-
2024-
2025-under the Viatical Settlements Act of 2009.
2026-(bb) Records and information provided to a mortality
2027-review team and records maintained by a mortality review
2028-team appointed under the Department of Juvenile Justice
2029-Mortality Review Team Act.
2030-(cc) Information regarding interments, entombments, or
2031-inurnments of human remains that are submitted to the
2032-Cemetery Oversight Database under the Cemetery Care Act or
2033-the Cemetery Oversight Act, whichever is applicable.
2034-(dd) Correspondence and records (i) that may not be
2035-disclosed under Section 11-9 of the Illinois Public Aid
2036-Code or (ii) that pertain to appeals under Section 11-8 of
2037-the Illinois Public Aid Code.
2038-(ee) The names, addresses, or other personal
2039-information of persons who are minors and are also
2040-participants and registrants in programs of park
2041-districts, forest preserve districts, conservation
2042-districts, recreation agencies, and special recreation
2043-associations.
2044-(ff) The names, addresses, or other personal
2045-information of participants and registrants in programs of
2046-park districts, forest preserve districts, conservation
2047-districts, recreation agencies, and special recreation
2048-associations where such programs are targeted primarily to
2049-minors.
2050-(gg) Confidential information described in Section
2051-
2052-
2053-1-100 of the Illinois Independent Tax Tribunal Act of
2054-2012.
2055-(hh) The report submitted to the State Board of
2056-Education by the School Security and Standards Task Force
2057-under item (8) of subsection (d) of Section 2-3.160 of the
2058-School Code and any information contained in that report.
2059-(ii) Records requested by persons committed to or
2060-detained by the Department of Human Services under the
2061-Sexually Violent Persons Commitment Act or committed to
2062-the Department of Corrections under the Sexually Dangerous
2063-Persons Act if those materials: (i) are available in the
2064-library of the facility where the individual is confined;
2065-(ii) include records from staff members' personnel files,
2066-staff rosters, or other staffing assignment information;
2067-or (iii) are available through an administrative request
2068-to the Department of Human Services or the Department of
2069-Corrections.
2070-(jj) Confidential information described in Section
2071-5-535 of the Civil Administrative Code of Illinois.
2072-(kk) The public body's credit card numbers, debit card
2073-numbers, bank account numbers, Federal Employer
2074-Identification Number, security code numbers, passwords,
2075-and similar account information, the disclosure of which
2076-could result in identity theft or impression or defrauding
2077-of a governmental entity or a person.
2078-(ll) Records concerning the work of the threat
2079-
2080-
2081-assessment team of a school district, including, but not
2082-limited to, any threat assessment procedure under the
2083-School Safety Drill Act and any information contained in
2084-the procedure.
2085-(mm) Information prohibited from being disclosed under
2086-subsections (a) and (b) of Section 15 of the Student
2087-Confidential Reporting Act.
2088-(nn) Proprietary information submitted to the
2089-Environmental Protection Agency under the Drug Take-Back
2090-Act.
2091-(oo) Records described in subsection (f) of Section
2092-3-5-1 of the Unified Code of Corrections.
2093-(pp) Any and all information regarding burials,
2094-interments, or entombments of human remains as required to
2095-be reported to the Department of Natural Resources
2096-pursuant either to the Archaeological and Paleontological
2097-Resources Protection Act or the Human Remains Protection
2098-Act.
2099-(qq) (pp) Reports described in subsection (e) of
2100-Section 16-15 of the Abortion Care Clinical Training
2101-Program Act.
2102-(rr) (pp) Information obtained by a certified local
2103-health department under the Access to Public Health Data
2104-Act.
2105-(ss) (pp) For a request directed to a public body that
2106-is also a HIPAA-covered entity, all information that is
2107-
2108-
2109-protected health information, including demographic
2110-information, that may be contained within or extracted
2111-from any record held by the public body in compliance with
2112-State and federal medical privacy laws and regulations,
2113-including, but not limited to, the Health Insurance
2114-Portability and Accountability Act and its regulations, 45
2115-CFR Parts 160 and 164. As used in this paragraph,
2116-"HIPAA-covered entity" has the meaning given to the term
2117-"covered entity" in 45 CFR 160.103 and "protected health
2118-information" has the meaning given to that term in 45 CFR
2119-160.103.
2120-(tt) Proposals or bids submitted by engineering
2121-consultants in response to requests for proposal or other
2122-competitive bidding requests by the Department of
2123-Transportation or the Illinois Toll Highway Authority.
2124-(1.5) Any information exempt from disclosure under the
2125-Judicial Privacy Act shall be redacted from public records
2126-prior to disclosure under this Act.
2127-(2) A public record that is not in the possession of a
2128-public body but is in the possession of a party with whom the
2129-agency has contracted to perform a governmental function on
2130-behalf of the public body, and that directly relates to the
2131-governmental function and is not otherwise exempt under this
2132-Act, shall be considered a public record of the public body,
2133-for purposes of this Act.
2134-(3) This Section does not authorize withholding of
2135-
2136-
2137-information or limit the availability of records to the
2138-public, except as stated in this Section or otherwise provided
2139-in this Act.
2140-(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
2141-102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
2142-1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
2143-eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
2144-103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
2145-8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
2146-9-7-23.)
2147-Section 10-10. The Illinois Procurement Code is amended by
2148-changing Section 50-39 as follows:
2149-(30 ILCS 500/50-39)
2150-Sec. 50-39. Procurement communications reporting
2151-requirement.
2152-(a) Any written or oral communication received by a State
2153-employee who, by the nature of his or her duties, has the
2154-authority to participate personally and substantially in the
2155-decision to award a State contract and that imparts or
2156-requests material information or makes a material argument
2157-regarding potential action concerning an active procurement
2158-matter, including, but not limited to, an application, a
2159-contract, or a project, shall be reported to the Procurement
2160-Policy Board, and, with respect to the Illinois Power Agency,
2161-
2162-
2163-by the initiator of the communication, and may be reported
2164-also by the recipient.
2165-Any person communicating orally, in writing,
2166-electronically, or otherwise with the Director or any person
2167-employed by, or associated with, the Illinois Power Agency to
2168-impart, solicit, or transfer any information related to the
2169-content of any power procurement plan, the manner of
2170-conducting any power procurement process, the procurement of
2171-any power supply, or the method or structure of contracting
2172-with power suppliers must disclose to the Procurement Policy
2173-Board the full nature, content, and extent of any such
2174-communication in writing by submitting a report with the
2175-following information:
2176-(1) The names of any party to the communication.
2177-(2) The date on which the communication occurred.
2178-(3) The time at which the communication occurred.
2179-(4) The duration of the communication.
2180-(5) The method (written, oral, etc.) of the
2181-communication.
2182-(6) A summary of the substantive content of the
2183-communication.
2184-These communications do not include the following: (i)
2185-statements by a person publicly made in a public forum; (ii)
2186-statements regarding matters of procedure and practice, such
2187-as format, the number of copies required, the manner of
2188-filing, and the status of a matter; (iii) statements made by a
2189-
2190-
2191-State employee of the agency to the agency head or other
2192-employees of that agency, to the employees of the Executive
2193-Ethics Commission, or to an employee of another State agency
2194-who, through the communication, is either (a) exercising his
2195-or her experience or expertise in the subject matter of the
2196-particular procurement in the normal course of business, for
2197-official purposes, and at the initiation of the purchasing
2198-agency or the appropriate State purchasing officer, or (b)
2199-exercising oversight, supervisory, or management authority
2200-over the procurement in the normal course of business and as
2201-part of official responsibilities; (iv) unsolicited
2202-communications providing general information about a firm's
2203-products or , services, or industry best practices provided
2204-before those products or services are not directly related to
2205-an open procurement matter become involved in a procurement
2206-matter; (v) communications received in response to procurement
2207-solicitations, including, but not limited to, vendor responses
2208-to a request for information, request for proposal, request
2209-for qualifications, invitation for bid, or a small purchase,
2210-sole source, or emergency solicitation, or questions and
2211-answers posted to the Illinois Procurement Bulletin to
2212-supplement the procurement action, provided that the
2213-communications are made in accordance with the instructions
2214-contained in the procurement solicitation, procedures, or
2215-guidelines; (vi) communications that are privileged,
2216-protected, or confidential under law; and (vii) communications
2217-
2218-
2219-that are part of a formal procurement process as set out by
2220-statute, rule, or the solicitation, guidelines, or procedures,
2221-including, but not limited to, the posting of procurement
2222-opportunities, the process for approving a procurement
2223-business case or its equivalent, fiscal approval, submission
2224-of bids, the finalizing of contract terms and conditions with
2225-an awardee or apparent awardee, and similar formal procurement
2226-processes; and (viii) communications about proposal
2227-deficiencies as provided under Section 35 of the
2228-Architectural, Engineering, and Land Surveying Qualifications
2229-Based Selection Act. The provisions of this Section shall not
2230-apply to communications regarding the administration and
2231-implementation of an existing contract, except communications
2232-regarding change orders or the renewal or extension of a
2233-contract.
2234-The reporting requirement does not apply to any
2235-communication asking for clarification regarding a contract
2236-solicitation so long as there is no competitive advantage to
2237-the person or business and the question and answer, if
2238-material, are posted to the Illinois Procurement Bulletin as
2239-an addendum to the contract solicitation.
2240-(b) The report required by subsection (a) shall be
2241-submitted monthly and include at least the following: (i) the
2242-date and time of each communication; (ii) the identity of each
2243-person from whom the written or oral communication was
2244-received, the individual or entity represented by that person,
2245-
2246-
2247-and any action the person requested or recommended; (iii) the
2248-identity and job title of the person to whom each
2249-communication was made; (iv) if a response is made, the
2250-identity and job title of the person making each response; (v)
2251-a detailed summary of the points made by each person involved
2252-in the communication; (vi) the duration of the communication;
2253-(vii) the location or locations of all persons involved in the
2254-communication and, if the communication occurred by telephone,
2255-the telephone numbers for the callers and recipients of the
2256-communication; and (viii) any other pertinent information. No
2257-trade secrets or other proprietary or confidential information
2258-shall be included in any communication reported to the
2259-Procurement Policy Board.
2260-(c) Additionally, when an oral communication made by a
2261-person required to register under the Lobbyist Registration
2262-Act is received by a State employee that is covered under this
2263-Section, all individuals who initiate or participate in the
2264-oral communication shall submit a written report to that State
2265-employee that memorializes the communication and includes, but
2266-is not limited to, the items listed in subsection (b).
2267-(d) The Procurement Policy Board shall make each report
2268-submitted pursuant to this Section available on its website
2269-within 7 calendar days after its receipt of the report. The
2270-Procurement Policy Board may promulgate rules to ensure
2271-compliance with this Section.
2272-(e) The reporting requirements shall also be conveyed
2273-
2274-
2275-through ethics training under the State Officials and
2276-Employees Ethics Act. An employee who knowingly and
2277-intentionally violates this Section shall be subject to
2278-suspension or discharge. The Executive Ethics Commission shall
2279-promulgate rules, including emergency rules, to implement this
2280-Section.
2281-(f) This Section becomes operative on January 1, 2011.
2282-(g) For purposes of this Section:
2283-"Active procurement matter" means a procurement process
2284-beginning with requisition or determination of need by an
2285-agency and continuing through the publication of an award
2286-notice or other completion of a final procurement action, the
2287-resolution of any protests, and the expiration of any protest
2288-or Procurement Policy Board review period, if applicable.
2289-"Active procurement matter" also includes communications
2290-relating to change orders, renewals, or extensions.
2291-"Material information" means information that a reasonable
2292-person would deem important in determining his or her course
2293-of action and pertains to significant issues, including, but
2294-not limited to, price, quantity, and terms of payment or
2295-performance.
2296-"Material argument" means a communication that a
2297-reasonable person would believe was made for the purpose of
2298-influencing a decision relating to a procurement matter.
2299-"Material argument" does not include general information about
2300-products, services, or industry best practices or a response
2301-
2302-
2303-to a communication initiated by an employee of the State for
2304-the purposes of providing information to evaluate new
2305-products, trends, services, or technologies.
2306-(Source: P.A. 100-43, eff. 8-9-17.)
2307-Section 10-15. The Architectural, Engineering, and Land
2308-Surveying Qualifications Based Selection Act is amended by
2309-changing Section 35 as follows:
2310-(30 ILCS 535/35) (from Ch. 127, par. 4151-35)
2311-Sec. 35. Selection procedure. On the basis of evaluations,
2312-discussions, and any presentations, the State agency shall
2313-select no less than 3 firms it determines to be qualified to
2314-provide services for the project and rank them in order of
2315-qualifications to provide services regarding the specific
2316-project. The State agency shall then contact the firm ranked
2317-most preferred to negotiate a contract at a fair and
2318-reasonable compensation. If fewer than 3 firms submit letters
2319-of interest and the State agency determines that one or both of
2320-those firms are so qualified, the State agency may proceed to
2321-negotiate a contract under Section 40. The decision of the
2322-State agency shall be final and binding.
2323-As part of the State agency's commitment to fostering
2324-greater diversity in contracting, the State agency may
2325-communicate with firms who were not selected in order to
2326-provide further information about the firm's proposal
2327-
2328-
2329-deficiencies.
2330-(Source: P.A. 87-673.)
2331-ARTICLE 15.
2332-Section 15-5. The Governmental Joint Purchasing Act is
2333-amended by changing Section 2 as follows:
2334-(30 ILCS 525/2) (from Ch. 85, par. 1602)
2335-Sec. 2. Joint purchasing authority.
2336-(a) Any governmental unit, except a governmental unit
2337-subject to the jurisdiction of a chief procurement officer
2338-established in Section 10-20 of the Illinois Procurement Code,
2339-may purchase personal property, supplies and services jointly
2340-with one or more other governmental units. All such joint
2341-purchases shall be by competitive solicitation as provided in
2342-Section 4, except as otherwise provided in this Act. The
2343-provisions of any other acts under which a governmental unit
2344-operates which refer to purchases and procedures in connection
2345-therewith shall be superseded by the provisions of this Act
2346-when the governmental units are exercising the joint powers
2347-created by this Act.
2348-(a-5) For purchases made by a governmental unit subject to
2349-the jurisdiction of a chief procurement officer established in
2350-Section 10-20 of the Illinois Procurement Code, the applicable
2351-chief procurement officer established in Section 10-20 of the
2352-
2353-
2354-Illinois Procurement Code may authorize the purchase of
2355-supplies and services jointly with a governmental unit of this
2356-State, governmental entity of another state, or with a
2357-consortium of governmental entities of one or more other
2358-states, except as otherwise provided in this Act. Subject to
2359-provisions of the joint purchasing solicitation, the
2360-appropriate chief procurement officer may designate the
2361-resulting contract as available to governmental units in
2362-Illinois.
2363-(a-10) Each chief procurement officer appointed pursuant
2364-to Section 10-20 of the Illinois Procurement Code, with joint
2365-agreement of the respective agency or institution, may
2366-authorize the purchase or lease of supplies and services which
2367-have been procured through a competitive process by a federal
2368-agency; a consortium of governmental, educational, medical,
2369-research, or similar entities; or a group purchasing
2370-organization of which the chief procurement officer or State
2371-agency is a member or affiliate, including, without
2372-limitation, any purchasing entity operating under the federal
2373-General Services Administration, the Higher Education
2374-Cooperation Act, and the Midwestern Higher Education Compact
2375-Act. Each applicable chief procurement officer may authorize
2376-purchases and contracts which have been procured through other
2377-methods of procurement if each chief procurement officer
2378-determines it is in the best interests of the State,
2379-considering a recommendation by their respective agencies or
2380-
2381-
2382-institutions. The chief procurement officer may establish
2383-detailed rules, policies, and procedures for use of these
2384-cooperative contracts. Notice of award shall be published by
2385-the chief procurement officer in the Illinois Procurement
2386-Bulletin at least prior to use of the contract. Each chief
2387-procurement officer shall submit to the General Assembly by
2388-November 1 of each year a report of procurements made under
2389-this subsection (a-10).
2390-(a-15) Each chief procurement officer appointed pursuant
2391-to Section 10-20 of the Illinois Procurement Code may
2392-authorize any governmental unit of this State to purchase or
2393-lease supplies under a contract which has been procured under
2394-the jurisdiction of the Illinois Procurement Code by a
2395-governmental unit subject to the jurisdiction of the chief
2396-procurement officer. Prior to making the contract available to
2397-the governmental unit of this State, the chief procurement
2398-officer shall consult with the governmental unit that is party
2399-to the contract and is subject to the jurisdiction of the chief
2400-procurement officer. A governmental unit of this State that
2401-uses a contract pursuant to this subsection shall report each
2402-year to the authorizing chief procurement officer the
2403-contractor used, supplies purchased, and total value of
2404-purchases for each contract. The authorizing chief procurement
2405-officer shall submit to the General Assembly by November 1 of
2406-each year a report of procurements made under this subsection
2407-(a-15).
2408-
2409-
2410-(b) Any not-for-profit agency that qualifies under Section
2411-45-35 of the Illinois Procurement Code and that either (1)
2412-acts pursuant to a board established by or controlled by a unit
2413-of local government or (2) receives grant funds from the State
2414-or from a unit of local government, shall be eligible to
2415-participate in contracts established by the State.
2416-(c) For governmental units subject to the jurisdiction of
2417-a chief procurement officer established in Section 10-20 of
2418-the Illinois Procurement Code, if any contract or amendment to
2419-a contract is entered into or purchase or expenditure of funds
2420-is made at any time in violation of this Act or any other law,
2421-the contract or amendment may be declared void by the chief
2422-procurement officer or may be ratified and affirmed, if the
2423-chief procurement officer determines that ratification is in
2424-the best interests of the governmental unit. If the contract
2425-or amendment is ratified and affirmed, it shall be without
2426-prejudice to the governmental unit's rights to any appropriate
2427-damages.
2428-(d) This Section does not apply to construction-related
2429-professional services contracts awarded in accordance with the
2430-provisions of the Architectural, Engineering, and Land
2431-Surveying Qualifications Based Selection Act.
2432-(Source: P.A. 100-43, eff. 8-9-17.)
2433-ARTICLE 20.
2434-
2435-
2436-Section 20-5. The Illinois Procurement Code is amended by
2437-changing Section 40-15 as follows:
2438-(30 ILCS 500/40-15)
2439-Sec. 40-15. Method of source selection.
2440-(a) Request for information. Except as provided in
2441-subsections (b) and (c), all State contracts for leases of
2442-real property or capital improvements shall be awarded by a
2443-request for information process in accordance with Section
2444-40-20.
2445-(b) Other methods. A request for information process need
2446-not be used in procuring any of the following leases:
2447-(1) Property of less than 10,000 square feet with base
2448-rent of less than $200,000 $100,000 per year.
2449-(2) (Blank).
2450-(3) Duration of less than one year that cannot be
2451-renewed.
2452-(4) Specialized space available at only one location.
2453-(5) Renewal or extension of a lease; provided that:
2454-(i) the chief procurement officer determines in writing
2455-that the renewal or extension is in the best interest of
2456-the State; (ii) the chief procurement officer submits his
2457-or her written determination and the renewal or extension
2458-to the Board; (iii) the Board does not object in writing to
2459-the renewal or extension within 30 calendar days after its
2460-submission; and (iv) the chief procurement officer
2461-
2462-
2463-publishes the renewal or extension in the appropriate
2464-volume of the Procurement Bulletin.
2465-(c) Leases with governmental units. Leases with other
2466-governmental units may be negotiated without using the request
2467-for information process when deemed by the chief procurement
2468-officer to be in the best interest of the State.
2469-(Source: P.A. 98-1076, eff. 1-1-15.)
2470-ARTICLE 25.
2471-Section 25-10. The Illinois Procurement Code is amended by
2472-changing Section 1-10 as follows:
2473-(30 ILCS 500/1-10)
2474-Sec. 1-10. Application.
2475-(a) This Code applies only to procurements for which
2476-bidders, offerors, potential contractors, or contractors were
2477-first solicited on or after July 1, 1998. This Code shall not
2478-be construed to affect or impair any contract, or any
2479-provision of a contract, entered into based on a solicitation
2480-prior to the implementation date of this Code as described in
2481-Article 99, including, but not limited to, any covenant
2482-entered into with respect to any revenue bonds or similar
2483-instruments. All procurements for which contracts are
2484-solicited between the effective date of Articles 50 and 99 and
2485-July 1, 1998 shall be substantially in accordance with this
2486-
2487-
2488-Code and its intent.
2489-(b) This Code shall apply regardless of the source of the
2490-funds with which the contracts are paid, including federal
2491-assistance moneys. This Code shall not apply to:
2492-(1) Contracts between the State and its political
2493-subdivisions or other governments, or between State
2494-governmental bodies, except as specifically provided in
2495-this Code.
2496-(2) Grants, except for the filing requirements of
2497-Section 20-80.
2498-(3) Purchase of care, except as provided in Section
2499-5-30.6 of the Illinois Public Aid Code and this Section.
2500-(4) Hiring of an individual as an employee and not as
2501-an independent contractor, whether pursuant to an
2502-employment code or policy or by contract directly with
2503-that individual.
2504-(5) Collective bargaining contracts.
2505-(6) Purchase of real estate, except that notice of
2506-this type of contract with a value of more than $25,000
2507-must be published in the Procurement Bulletin within 10
2508-calendar days after the deed is recorded in the county of
2509-jurisdiction. The notice shall identify the real estate
2510-purchased, the names of all parties to the contract, the
2511-value of the contract, and the effective date of the
2512-contract.
2513-(7) Contracts necessary to prepare for anticipated
2514-
2515-
2516-litigation, enforcement actions, or investigations,
2517-provided that the chief legal counsel to the Governor
2518-shall give his or her prior approval when the procuring
2519-agency is one subject to the jurisdiction of the Governor,
2520-and provided that the chief legal counsel of any other
2521-procuring entity subject to this Code shall give his or
2522-her prior approval when the procuring entity is not one
2523-subject to the jurisdiction of the Governor.
2524-(8) (Blank).
2525-(9) Procurement expenditures by the Illinois
2526-Conservation Foundation when only private funds are used.
2527-(10) (Blank).
2528-(11) Public-private agreements entered into according
2529-to the procurement requirements of Section 20 of the
2530-Public-Private Partnerships for Transportation Act and
2531-design-build agreements entered into according to the
2532-procurement requirements of Section 25 of the
2533-Public-Private Partnerships for Transportation Act.
2534-(12) (A) Contracts for legal, financial, and other
2535-professional and artistic services entered into by the
2536-Illinois Finance Authority in which the State of Illinois
2537-is not obligated. Such contracts shall be awarded through
2538-a competitive process authorized by the members of the
2539-Illinois Finance Authority and are subject to Sections
2540-5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
2541-as well as the final approval by the members of the
2542-
2543-
2544-Illinois Finance Authority of the terms of the contract.
2545-(B) Contracts for legal and financial services entered
2546-into by the Illinois Housing Development Authority in
2547-connection with the issuance of bonds in which the State
2548-of Illinois is not obligated. Such contracts shall be
2549-awarded through a competitive process authorized by the
2550-members of the Illinois Housing Development Authority and
2551-are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
2552-and 50-37 of this Code, as well as the final approval by
2553-the members of the Illinois Housing Development Authority
2554-of the terms of the contract.
2555-(13) Contracts for services, commodities, and
2556-equipment to support the delivery of timely forensic
2557-science services in consultation with and subject to the
2558-approval of the Chief Procurement Officer as provided in
2559-subsection (d) of Section 5-4-3a of the Unified Code of
2560-Corrections, except for the requirements of Sections
2561-20-60, 20-65, 20-70, and 20-160 and Article 50 of this
2562-Code; however, the Chief Procurement Officer may, in
2563-writing with justification, waive any certification
2564-required under Article 50 of this Code. For any contracts
2565-for services which are currently provided by members of a
2566-collective bargaining agreement, the applicable terms of
2567-the collective bargaining agreement concerning
2568-subcontracting shall be followed.
2569-On and after January 1, 2019, this paragraph (13),
2570-
2571-
2572-except for this sentence, is inoperative.
2573-(14) Contracts for participation expenditures required
2574-by a domestic or international trade show or exhibition of
2575-an exhibitor, member, or sponsor.
2576-(15) Contracts with a railroad or utility that
2577-requires the State to reimburse the railroad or utilities
2578-for the relocation of utilities for construction or other
2579-public purpose. Contracts included within this paragraph
2580-(15) shall include, but not be limited to, those
2581-associated with: relocations, crossings, installations,
2582-and maintenance. For the purposes of this paragraph (15),
2583-"railroad" means any form of non-highway ground
2584-transportation that runs on rails or electromagnetic
2585-guideways and "utility" means: (1) public utilities as
2586-defined in Section 3-105 of the Public Utilities Act, (2)
2587-telecommunications carriers as defined in Section 13-202
2588-of the Public Utilities Act, (3) electric cooperatives as
2589-defined in Section 3.4 of the Electric Supplier Act, (4)
2590-telephone or telecommunications cooperatives as defined in
2591-Section 13-212 of the Public Utilities Act, (5) rural
2592-water or waste water systems with 10,000 connections or
2593-less, (6) a holder as defined in Section 21-201 of the
2594-Public Utilities Act, and (7) municipalities owning or
2595-operating utility systems consisting of public utilities
2596-as that term is defined in Section 11-117-2 of the
2597-Illinois Municipal Code.
2598-
2599-
2600-(16) Procurement expenditures necessary for the
2601-Department of Public Health to provide the delivery of
2602-timely newborn screening services in accordance with the
2603-Newborn Metabolic Screening Act.
2604-(17) Procurement expenditures necessary for the
2605-Department of Agriculture, the Department of Financial and
2606-Professional Regulation, the Department of Human Services,
2607-and the Department of Public Health to implement the
2608-Compassionate Use of Medical Cannabis Program and Opioid
2609-Alternative Pilot Program requirements and ensure access
2610-to medical cannabis for patients with debilitating medical
2611-conditions in accordance with the Compassionate Use of
2612-Medical Cannabis Program Act.
2613-(18) This Code does not apply to any procurements
2614-necessary for the Department of Agriculture, the
2615-Department of Financial and Professional Regulation, the
2616-Department of Human Services, the Department of Commerce
2617-and Economic Opportunity, and the Department of Public
2618-Health to implement the Cannabis Regulation and Tax Act if
2619-the applicable agency has made a good faith determination
2620-that it is necessary and appropriate for the expenditure
2621-to fall within this exemption and if the process is
2622-conducted in a manner substantially in accordance with the
2623-requirements of Sections 20-160, 25-60, 30-22, 50-5,
2624-50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
2625-50-36, 50-37, 50-38, and 50-50 of this Code; however, for
2626-
2627-
2628-Section 50-35, compliance applies only to contracts or
2629-subcontracts over $100,000. Notice of each contract
2630-entered into under this paragraph (18) that is related to
2631-the procurement of goods and services identified in
2632-paragraph (1) through (9) of this subsection shall be
2633-published in the Procurement Bulletin within 14 calendar
2634-days after contract execution. The Chief Procurement
2635-Officer shall prescribe the form and content of the
2636-notice. Each agency shall provide the Chief Procurement
2637-Officer, on a monthly basis, in the form and content
2638-prescribed by the Chief Procurement Officer, a report of
2639-contracts that are related to the procurement of goods and
2640-services identified in this subsection. At a minimum, this
2641-report shall include the name of the contractor, a
2642-description of the supply or service provided, the total
2643-amount of the contract, the term of the contract, and the
2644-exception to this Code utilized. A copy of any or all of
2645-these contracts shall be made available to the Chief
2646-Procurement Officer immediately upon request. The Chief
2647-Procurement Officer shall submit a report to the Governor
2648-and General Assembly no later than November 1 of each year
2649-that includes, at a minimum, an annual summary of the
2650-monthly information reported to the Chief Procurement
2651-Officer. This exemption becomes inoperative 5 years after
2652-June 25, 2019 (the effective date of Public Act 101-27).
2653-(19) Acquisition of modifications or adjustments,
2654-
2655-
2656-limited to assistive technology devices and assistive
2657-technology services, adaptive equipment, repairs, and
2658-replacement parts to provide reasonable accommodations (i)
2659-that enable a qualified applicant with a disability to
2660-complete the job application process and be considered for
2661-the position such qualified applicant desires, (ii) that
2662-modify or adjust the work environment to enable a
2663-qualified current employee with a disability to perform
2664-the essential functions of the position held by that
2665-employee, (iii) to enable a qualified current employee
2666-with a disability to enjoy equal benefits and privileges
2667-of employment as are enjoyed by other similarly situated
2668-employees without disabilities, and (iv) that allow a
2669-customer, client, claimant, or member of the public
2670-seeking State services full use and enjoyment of and
2671-access to its programs, services, or benefits.
2672-For purposes of this paragraph (19):
2673-"Assistive technology devices" means any item, piece
2674-of equipment, or product system, whether acquired
2675-commercially off the shelf, modified, or customized, that
2676-is used to increase, maintain, or improve functional
2677-capabilities of individuals with disabilities.
2678-"Assistive technology services" means any service that
2679-directly assists an individual with a disability in
2680-selection, acquisition, or use of an assistive technology
2681-device.
2682-
2683-
2684-"Qualified" has the same meaning and use as provided
2685-under the federal Americans with Disabilities Act when
2686-describing an individual with a disability.
2687-(20) Procurement expenditures necessary for the
2688-Illinois Commerce Commission to hire third-party
2689-facilitators pursuant to Sections 16-105.17 and 16-108.18
2690-of the Public Utilities Act or an ombudsman pursuant to
2691-Section 16-107.5 of the Public Utilities Act, a
2692-facilitator pursuant to Section 16-105.17 of the Public
2693-Utilities Act, or a grid auditor pursuant to Section
2694-16-105.10 of the Public Utilities Act.
2695-(21) Procurement expenditures for the purchase,
2696-renewal, and expansion of software, software licenses, or
2697-software maintenance agreements that support the efforts
2698-of the Illinois State Police to enforce, regulate, and
2699-administer the Firearm Owners Identification Card Act, the
2700-Firearm Concealed Carry Act, the Firearms Restraining
2701-Order Act, the Firearm Dealer License Certification Act,
2702-the Law Enforcement Agencies Data System (LEADS), the
2703-Uniform Crime Reporting Act, the Criminal Identification
2704-Act, the Illinois Uniform Conviction Information Act, and
2705-the Gun Trafficking Information Act, or establish or
2706-maintain record management systems necessary to conduct
2707-human trafficking investigations or gun trafficking or
2708-other stolen firearm investigations. This paragraph (21)
2709-applies to contracts entered into on or after January 10,
2710-
2711-
2712-2023 (the effective date of Public Act 102-1116) and the
2713-renewal of contracts that are in effect on January 10,
2714-2023 (the effective date of Public Act 102-1116).
2715-(22) Contracts for project management services and
2716-system integration services required for the completion of
2717-the State's enterprise resource planning project. This
2718-exemption becomes inoperative 5 years after June 7, 2023
2719-(the effective date of the changes made to this Section by
2720-Public Act 103-8). This paragraph (22) applies to
2721-contracts entered into on or after June 7, 2023 (the
2722-effective date of the changes made to this Section by
2723-Public Act 103-8) and the renewal of contracts that are in
2724-effect on June 7, 2023 (the effective date of the changes
2725-made to this Section by Public Act 103-8).
2726-(23) Procurements necessary for the Department of
2727-Insurance to implement the Illinois Health Benefits
2728-Exchange Law if the Department of Insurance has made a
2729-good faith determination that it is necessary and
2730-appropriate for the expenditure to fall within this
2731-exemption. The procurement process shall be conducted in a
2732-manner substantially in accordance with the requirements
2733-of Sections 20-160 and 25-60 and Article 50 of this Code. A
2734-copy of these contracts shall be made available to the
2735-Chief Procurement Officer immediately upon request. This
2736-paragraph is inoperative 5 years after June 27, 2023 (the
2737-effective date of Public Act 103-103).
2738-
2739-
2740-(24) (22) Contracts for public education programming,
2741-noncommercial sustaining announcements, public service
2742-announcements, and public awareness and education
2743-messaging with the nonprofit trade associations of the
2744-providers of those services that inform the public on
2745-immediate and ongoing health and safety risks and hazards.
2746-(25) Procurements that are necessary for increasing
2747-the recruitment and retention of State employees,
2748-particularly minority candidates for employment,
2749-including:
2750-(A) procurements related to registration fees for
2751-job fairs and other outreach and recruitment events;
2752-(B) production of recruitment materials; and
2753-(C) other services related to recruitment and
2754-retention of State employees.
2755-The exemption under this paragraph (25) applies only
2756-if the State agency has made a good faith determination
2757-that it is necessary and appropriate for the expenditure
2758-to fall within this paragraph (25). The procurement
2759-process under this paragraph (25) shall be conducted in a
2760-manner substantially in accordance with the requirements
2761-of Sections 20-160 and 25-60 and Article 50 of this Code. A
2762-copy of these contracts shall be made available to the
2763-Chief Procurement Officer immediately upon request.
2764-Nothing in this paragraph (25) authorizes the replacement
2765-or diminishment of State responsibilities in hiring or the
2766-
2767-
2768-positions that effectuate that hiring. This paragraph (25)
2769-is inoperative on and after June 30, 2029.
2770-Notwithstanding any other provision of law, for contracts
2771-with an annual value of more than $100,000 entered into on or
2772-after October 1, 2017 under an exemption provided in any
2773-paragraph of this subsection (b), except paragraph (1), (2),
2774-or (5), each State agency shall post to the appropriate
2775-procurement bulletin the name of the contractor, a description
2776-of the supply or service provided, the total amount of the
2777-contract, the term of the contract, and the exception to the
2778-Code utilized. The chief procurement officer shall submit a
2779-report to the Governor and General Assembly no later than
2780-November 1 of each year that shall include, at a minimum, an
2781-annual summary of the monthly information reported to the
2782-chief procurement officer.
2783-(c) This Code does not apply to the electric power
2784-procurement process provided for under Section 1-75 of the
2785-Illinois Power Agency Act and Section 16-111.5 of the Public
2786-Utilities Act. This Code does not apply to the procurement of
2787-technical and policy experts pursuant to Section 1-129 of the
2788-Illinois Power Agency Act.
2789-(d) Except for Section 20-160 and Article 50 of this Code,
2790-and as expressly required by Section 9.1 of the Illinois
2791-Lottery Law, the provisions of this Code do not apply to the
2792-procurement process provided for under Section 9.1 of the
2793-Illinois Lottery Law.
2794-
2795-
2796-(e) This Code does not apply to the process used by the
2797-Capital Development Board to retain a person or entity to
2798-assist the Capital Development Board with its duties related
2799-to the determination of costs of a clean coal SNG brownfield
2800-facility, as defined by Section 1-10 of the Illinois Power
2801-Agency Act, as required in subsection (h-3) of Section 9-220
2802-of the Public Utilities Act, including calculating the range
2803-of capital costs, the range of operating and maintenance
2804-costs, or the sequestration costs or monitoring the
2805-construction of clean coal SNG brownfield facility for the
2806-full duration of construction.
2807-(f) (Blank).
2808-(g) (Blank).
2809-(h) This Code does not apply to the process to procure or
2810-contracts entered into in accordance with Sections 11-5.2 and
2811-11-5.3 of the Illinois Public Aid Code.
2812-(i) Each chief procurement officer may access records
2813-necessary to review whether a contract, purchase, or other
2814-expenditure is or is not subject to the provisions of this
2815-Code, unless such records would be subject to attorney-client
2816-privilege.
2817-(j) This Code does not apply to the process used by the
2818-Capital Development Board to retain an artist or work or works
2819-of art as required in Section 14 of the Capital Development
2820-Board Act.
2821-(k) This Code does not apply to the process to procure
2822-
2823-
2824-contracts, or contracts entered into, by the State Board of
2825-Elections or the State Electoral Board for hearing officers
2826-appointed pursuant to the Election Code.
2827-(l) This Code does not apply to the processes used by the
2828-Illinois Student Assistance Commission to procure supplies and
2829-services paid for from the private funds of the Illinois
2830-Prepaid Tuition Fund. As used in this subsection (l), "private
2831-funds" means funds derived from deposits paid into the
2832-Illinois Prepaid Tuition Trust Fund and the earnings thereon.
2833-(m) This Code shall apply regardless of the source of
2834-funds with which contracts are paid, including federal
2835-assistance moneys. Except as specifically provided in this
2836-Code, this Code shall not apply to procurement expenditures
2837-necessary for the Department of Public Health to conduct the
2838-Healthy Illinois Survey in accordance with Section 2310-431 of
2839-the Department of Public Health Powers and Duties Law of the
2840-Civil Administrative Code of Illinois.
2841-(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
2842-102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
2843-9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
2844-102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
2845-6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
2846-1-2-24.)
2847-ARTICLE 30.
2848-
2849-
2850-Section 30-5. The Reimagining Hotel Florence Act is
2851-amended by changing Sections 45-5, 45-10, 45-15, 45-20, 45-25,
2852-and 45-30 as follows:
2853-(20 ILCS 3407/45-5)
2854-Sec. 45-5. Legislative intent. Originally built in 1881,
2855-the Hotel Florence is located within the Pullman Historic
2856-District and was placed on the National Register of Historic
2857-Places in 1969 and was designated a National Historic Landmark
2858-on December 30, 1970. To save it from demolition the Historic
2859-Pullman Foundation purchased the hotel in 1975 and maintained
2860-ownership until 1991 when the State of Illinois took title of
2861-the building. The Hotel Florence is continually closed for
2862-renovations and is a semi-closed public space.
2863-The hotel sits within next to the Pullman National
2864-Historic Landmark District, which was designated as a National
2865-Monument in 2015 and recently redesignated as Illinois'
2866-Illinois's first National Park on December 29, 2022 and is
2867-operated by the U.S. National Park Service. This redesignation
2868-allows for the National Park Service to enter into cooperative
2869-agreements with outside parties for interpretive and
2870-educational programs at nonfederal historic properties within
2871-the boundaries of the park and to provide assistance for the
2872-preservation of nonfederal land within the boundaries of the
2873-historical park and at sites in close proximity to it, which
2874-includes may include the Pullman State Historic Site (Hotel
2875-
2876-
2877-Florence, Hotel Florence Annex, Factory Grounds, Rear Erecting
2878-Shops, Front Erecting Shop North Factory Wing, Front Erecting
2879-Shop South Factory Wing Ruin, and the Historic 1911 "Advance"
2880-Railroad Passenger Car).
2881-The General Assembly has allocated $21,000,000 in capital
2882-infrastructure funds to aid in the restoration and capital
2883-improvements at the Pullman State Historic Site, including,
2884-but not limited to, renovation redevelopment of the Hotel
2885-Florence.
2886-The General Assembly finds that allowing for the
2887-Department of Natural Resources to enter into a public-private
2888-partnership that will allow the Hotel Florence to become a
2889-fully reactivated space in a timely manner that is in the
2890-public benefit of the State and the local Pullman community.
2891-(Source: P.A. 103-570, eff. 1-1-24.)
2892-(20 ILCS 3407/45-10)
2893-Sec. 45-10. Definitions. In this Act:
2894-"Agreement" means a public-private agreement.
2895-"Contractor" means a person that has been selected to
2896-enter or has entered into a public-private agreement with the
2897-Department on behalf of the State for the development,
2898-financing, construction, management, or operation of the Hotel
2899-Florence pursuant to this Act.
2900-"Department" means the Department of Natural Resources.
2901-"Hotel Florence" means real property in the City of
2902-
2903-
2904-Chicago located within the Pullman State Historic Site
2905-District that is owned by the Illinois Department of Natural
2906-Resources and was acquired in 1991, at the address of 11111 S.
2907-Forrestville Avenue, Chicago, Illinois, as well as the
2908-adjacent Hotel Florence Annex building located at 537 East
2909-111th Street, Chicago, Illinois 60628 and any associated
2910-grounds connected to the Hotel Florence or Hotel Florence
2911-Annex either property.
2912-"Maintain" or "maintenance" includes ordinary maintenance,
2913-repair, rehabilitation, capital maintenance, maintenance
2914-replacement, and any other categories of maintenance that may
2915-be designated by the Department.
2916-"Offeror" means a person that responds to a request for
2917-solicitations proposals under this Act.
2918-"Operate" or "operation" means to do one or more of the
2919-following: maintain, improve, equip, modify, or otherwise
2920-operate.
2921-"Person" means any individual, firm, association, joint
2922-venture, partnership, estate, trust, syndicate, fiduciary,
2923-corporation, or any other legal entity, group, or combination
2924-thereof.
2925-"Public-private agreement" means an agreement or contract
2926-between the Department on behalf of the State and all
2927-schedules, exhibits, and attachments thereto, entered into
2928-pursuant to a competitive request for solicitations proposals
2929-process governed by this Act, for the development, financing,
2930-
2931-
2932-construction, management, or operation of the Hotel Florence
2933-under this Act.
2934-"Pullman Factory" means real property in the City of
2935-Chicago located within the Pullman State Historic Site that is
2936-owned by the Department of Natural Resources and was acquired
2937-in 1991, at the addresses 620 and 630 East 111th Street,
2938-Chicago, Illinois 60628. The Factory Grounds include the Front
2939-Erecting Shop North Factory Wing, Front Erecting Shop South
2940-Factory Wing (Ruin), Rear Erecting Shops, Proposed Train Car
2941-Display Building, Historic 1911 "Advance" Railroad Passenger
2942-Car, Rail Spur Connection, and associated grounds.
2943-"Revenues" means all revenues, including, but not limited
2944-to, income, user fees, earnings, interest, lease payments,
2945-allocations, moneys from the federal government, the State,
2946-and units of local government, including, but not limited to,
2947-federal, State, and local appropriations, grants, loans, lines
2948-of credit, and credit guarantees; bond proceeds; equity
2949-investments; service payments; or other receipts arising out
2950-of or in connection with the financing, development,
2951-construction, management, or operation of the Hotel Florence.
2952-"State" means the State of Illinois.
2953-(Source: P.A. 103-570, eff. 1-1-24.)
2954-(20 ILCS 3407/45-15)
2955-Sec. 45-15. Authority to enter public-private agreement.
2956-(a) Notwithstanding any provision of law to the contrary,
2957-
2958-
2959-the Department on behalf of the State may, pursuant to a
2960-competitive solicitation request for proposals process
2961-governed by the Illinois Procurement Code, rules adopted under
2962-that Code, and this Act, enter into a public-private agreement
2963-to develop, finance, construct, lease, manage, divest
2964-ownership in, and or operate the Hotel Florence and the
2965-Pullman Factory on behalf of the State, pursuant to which the
2966-contractors may receive certain revenues, including management
2967-or user fees in consideration of the payment of moneys to the
2968-State for that right. At the discretion of the Department, the
2969-Factory Grounds may be included in the public-private
2970-agreement.
2971-(b) The term of a public-private agreement shall be no
2972-less than 25 years and no more than 75 years.
2973-(c) The term of a public-private agreement may be
2974-extended, but only if the extension is specifically authorized
2975-by the General Assembly by law.
2976-(Source: P.A. 103-570, eff. 1-1-24.)
2977-(20 ILCS 3407/45-20)
2978-Sec. 45-20. Prequalification Procurement;
2979-prequalification. The Department may establish a process for
2980-prequalification of offerors. The Department may enter into
2981-agreements with governmental entities and other outside
2982-entities to assist in drafting the solicitation and evaluation
2983-process as well as develop evaluation criteria for the
2984-
2985-
2986-prequalification of offerors. If the Department does create
2987-such a process, it shall:
2988-(1) provide a public notice of the prequalification at
2989-least 30 days prior to the date on which applications are
2990-due;
2991-(2) set forth requirements and evaluation criteria in
2992-order to become prequalified;
2993-(3) determine which offerors that have submitted
2994-prequalification applications, if any, meet the
2995-requirements and evaluation criteria; and
2996-(4) allow only those offerors that have been
2997-prequalified to respond to the request for solicitations
2998-proposals.
2999-(Source: P.A. 103-570, eff. 1-1-24.)
3000-(20 ILCS 3407/45-25)
3001-Sec. 45-25. Request for solicitation proposals process to
3002-enter into public-private agreement.
3003-(a) Notwithstanding any provision of law to the contrary,
3004-the Department on behalf of the State shall select a
3005-contractor through a competitive solicitation request for
3006-proposals process governed by the Illinois Procurement Code
3007-and rules adopted under that Code and this Act. The Department
3008-may enter into agreements with governmental entities and other
3009-outside entities to assist the Department in drafting,
3010-reviewing, and scoring the proposals.
3011-
3012-
3013-(b) The competitive solicitation request for proposals
3014-process shall, at a minimum, solicit statements of
3015-qualification and proposals from offerors.
3016-(c) The competitive request for solicitation proposals
3017-process shall, at a minimum, take into account the following
3018-criteria:
3019-(1) the offeror's plans for the Hotel Florence
3020-project, including, but not limited to, building use,
3021-experience, environmental concerns, and a proposed
3022-preservation and rehabilitation plan compliant with the
3023-Illinois State Agency Historic Preservation Act;
3024-(2) the offeror's current and past business practices;
3025-(3) the offeror's poor or inadequate past performance
3026-in developing, financing, constructing, managing, or
3027-operating historic landmark properties or other public
3028-assets;
3029-(4) the offeror's ability to meet and past performance
3030-in meeting or exhausting good faith efforts to meet the
3031-utilization goals for business enterprises established in
3032-the Business Enterprise for Minorities, Women, and Persons
3033-with Disabilities Act;
3034-(5) the offeror's ability to comply with and past
3035-performance in complying with Section 2-105 of the
3036-Illinois Human Rights Act; and
3037-(6) the offeror's plans to comply with the Business
3038-Enterprise for Minorities, Women, and Persons with
3039-
3040-
3041-Disabilities Act and Section 2-105 of the Illinois Human
3042-Rights Act; and .
3043-(7) the offeror's plans for the Pullman Factory.
3044-(d) The Department shall not include terms in the request
3045-for solicitations proposals that provide an advantage, whether
3046-directly or indirectly, to any contractor presently providing
3047-goods, services, or equipment to the Department.
3048-(e) The Department shall select one or more offerors as
3049-finalists.
3050-(f) After the procedures required in this Section have
3051-been completed, the Department shall make a determination as
3052-to whether the offeror should be designated as the contractor
3053-for the Hotel Florence project and shall submit the decision
3054-to the Governor and to the Governor's Office of Management and
3055-Budget. After review of the Department's determination, the
3056-Governor may accept or reject the determination. If the
3057-Governor accepts the determination of the Department, the
3058-Governor shall designate the offeror for the Hotel Florence
3059-project.
3060-(Source: P.A. 103-570, eff. 1-1-24.)
3061-(20 ILCS 3407/45-30)
3062-Sec. 45-30. Provisions of the public-private agreement.
3063-(a) The public-private agreement shall include all of the
3064-following:
3065-(1) the term of the public-private agreement that is
3066-
3067-
3068-consistent with Section 45-40 of this Act;
3069-(2) the powers, duties, responsibilities, obligations,
3070-and functions of the Department and the contractor;
3071-(3) compensation or payments to the Department, if
3072-applicable;
3073-(4) compensation or payments to the contractor, if
3074-applicable;
3075-(5) a provision specifying that the Department:
3076-(A) has ready access to information regarding the
3077-contractor's powers, duties, responsibilities,
3078-obligations, and functions under the public-private
3079-agreement;
3080-(B) has the right to demand and receive
3081-information from the contractor concerning any aspect
3082-of the contractor's powers, duties, responsibilities,
3083-obligations, and functions under the public-private
3084-agreement; and
3085-(C) has the authority to direct or countermand
3086-decisions by the contractor at any time;
3087-(6) a provision imposing an affirmative duty on the
3088-contractor to provide the Department with any information
3089-the contractor reasonably believes the Department would
3090-want to know or would need to know to enable the Department
3091-to exercise its powers, carry out its duties,
3092-responsibilities, and obligations, and perform its
3093-functions under this Act or the public-private agreement
3094-
3095-
3096-or as otherwise required by law;
3097-(6.5) a provision that this project will require using
3098-guidelines with The Secretary of the Interior's Standards
3099-for the Treatment of Historic Properties with Guidelines
3100-for Preserving, Rehabilitating, Restoring and
3101-Reconstructing Historic Buildings; the period of the
3102-original construction (Hotel Florence and grounds from
3103-1880 through 1897; and Hotel Annex from 1914 through 1930)
3104-should be used to guide the project design and
3105-construction;
3106-(7) the authority of the Department to enter into
3107-contracts with third parties pursuant to Section 45-40;
3108-(8) the authority of the Department to request that
3109-the contractor reimburse the Department for third party
3110-consultants related to the monitoring the project;
3111-(9) a provision governing the contractor's authority
3112-to negotiate and execute subcontracts with third parties;
3113-(10) the authority of the contractor to impose user
3114-fees and the amounts of those fees;
3115-(11) a provision governing the deposit and allocation
3116-of revenues including user fees;
3117-(12) a provision governing rights to real and personal
3118-property of the State, the Department, the contractor, and
3119-other third parties;
3120-(13) grounds for termination of the agreement by the
3121-Department or the contractor and a restatement of the
3122-
3123-
3124-Department's rights under this Act;
3125-(14) a requirement that the contractor enter into a
3126-project labor agreement;
3127-(15) a provision stating that construction contractors
3128-shall comply with the requirements of Section 30-22 of the
3129-Illinois Procurement Code;
3130-(16) rights and remedies of the Department if the
3131-contractor defaults or otherwise fails to comply with the
3132-terms of the agreement;
3133-(17) procedures for amendment to the agreement; and
3134-(18) all other terms, conditions, and provisions
3135-acceptable to the Department that the Department deems
3136-necessary and proper and in the public interest; and .
3137-(19) a requirement that the contract complies with the
3138-Business Enterprise for Minorities, Women, and Persons
3139-with Disabilities Act and Section 2-105 of the Illinois
3140-Human Rights Act.
3141-(Source: P.A. 103-570, eff. 1-1-24.)
3142-(20 ILCS 3407/45-35 rep.)
3143-Section 30-10. The Reimagining Hotel Florence Act is
3144-amended by repealing Section 45-35.
3145-ARTICLE 35.
3146-Section 35-5. The Illinois Procurement Code is amended by
3147-
3148-
3149-changing Section 45-105 as follows:
3150-(30 ILCS 500/45-105)
3151-Sec. 45-105. Bid preference for Illinois businesses.
3152-(a) (Blank).
3153-(b) It is hereby declared to be the public policy of the
3154-State of Illinois to promote the economy of Illinois through
3155-the use of Illinois businesses for all State construction
3156-contracts.
3157-(c) Construction agencies procuring construction and
3158-construction-related professional services shall make
3159-reasonable efforts to contract with Illinois businesses.
3160-(d) Beginning in 2022, each construction agency shall
3161-submit a report to the Governor and the General Assembly by
3162-September 1 of each year that identifies the Illinois
3163-businesses procured by the construction agency, the primary
3164-location of the construction project, the percentage of the
3165-construction agency's utilization of Illinois businesses on
3166-the project as a whole, and the actions that the construction
3167-agency has undertaken to increase the use of Illinois
3168-businesses.
3169-(e) In procuring construction and construction-related
3170-professional services for projects with a total value that
3171-exceeds the small purchase maximum established by Section
3172-20-20 of this Code, construction agencies shall provide a bid
3173-preference to a responsive and responsible bidder that is an
3174-
3175-
3176-Illinois business as defined in this Section. The construction
3177-agency shall allocate to the lowest bid by an Illinois
3178-business that is responsible and responsive a bid preference
3179-of 4% of the contract base bid. This subsection applies only to
3180-projects where a business that is not an Illinois business
3181-submits a bid.
3182-(e-5) The chief procurement officer shall require at the
3183-time of submission of a bid, and may require at the chief
3184-procurement officer's option at any time during the term of
3185-the contract, that the bidder or contractor submit an
3186-affidavit and other supporting documents demonstrating that
3187-the bidder or contractor is an Illinois business and, if
3188-applicable, submit an affidavit and other supporting documents
3189-demonstrating that the bidder or contractor is eligible for a
3190-4% bid preference under this Section.
3191-(e-10) If a contractor who is awarded a contract through
3192-the use of a preference for Illinois businesses provided false
3193-information in order to obtain that preference, then the
3194-contractor is subject to disciplinary procedures as identified
3195-in Section 50-65 of this Act.
3196-(f) This Section does not apply to any contract for any
3197-project for which federal funds are available for expenditure
3198-when its provisions may be in conflict with federal law or
3199-federal regulation.
3200-(g) As used in this Section, "Illinois business" means a
3201-contractor that is, for at least one year prior, operating and
3202-
3203-
3204-headquartered in Illinois, subject to applicable State taxes,
3205-and providing, at the time that an invitation for a bid or
3206-notice of contract opportunity is first advertised,
3207-construction or construction-related professional services.
3208-"Illinois business" includes a foreign corporation duly
3209-authorized to transact business in this State that has a bona
3210-fide establishment for transacting business within this State
3211-where it is operating, headquartered, and performing
3212-construction or construction-related professional services at
3213-least one year before an invitation for a bid or notice of
3214-contract opportunity is first advertised. , and is operating
3215-as:
3216-(1) a sole proprietor whose primary residence is in
3217-Illinois;
3218-(2) a business incorporated or organized as a domestic
3219-corporation under the Business Corporation Act of 1983;
3220-(3) a business organized as a domestic partnership
3221-under the Uniform Partnership Act of 1997;
3222-(4) a business organized as a domestic limited
3223-partnership under the Uniform Limited Partnership Act of
3224-2001;
3225-(5) a business organized under the Limited Liability
3226-Company Act; or
3227-(6) a business organized under the Professional
3228-Limited Liability Company Act.
3229-"Illinois business" does not include any subcontractors or
3230-
3231-
3232-businesses headquartered outside of the State that have an
3233-affiliated entity operating in the State.
3234-(Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
3235-ARTICLE 45.
3236-Section 45-5. The Illinois Procurement Code is amended by
3237-changing Section 50-10.5 as follows:
3238-(30 ILCS 500/50-10.5)
3239-Sec. 50-10.5. Prohibited bidders, offerors, potential
3240-contractors, and contractors.
3241-(a) Unless otherwise provided, no business shall bid,
3242-offer, enter into a contract or subcontract under this Code,
3243-or make a submission to a vendor portal if the business or any
3244-officer, director, partner, or other managerial agent of the
3245-business has been convicted of a felony under the
3246-Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
3247-the Illinois Securities Law of 1953 for a period of 5 years
3248-from the date of conviction.
3249-(b) Every bid and offer submitted to the State, every
3250-contract executed by the State, every vendor's submission to a
3251-vendor portal, and every subcontract subject to Section 20-120
3252-of this Code shall contain a certification by the bidder,
3253-offeror, potential contractor, contractor, or subcontractor,
3254-respectively, that the bidder, offeror, potential contractor,
3255-
3256-
3257-contractor, or subcontractor is not barred from being awarded
3258-a contract or subcontract under this Section and acknowledges
3259-that the chief procurement officer shall declare the related
3260-contract void if any of the certifications completed pursuant
3261-to this subsection (b) are false. If the false certification
3262-is made by a subcontractor, then the contractor's submitted
3263-bid or offer and the executed contract may not be declared
3264-void, unless the contractor refuses to terminate the
3265-subcontract upon the State's request after a finding that the
3266-subcontract's certification was false.
3267-(c) If a business is not a natural person, the prohibition
3268-in subsection (a) applies only if:
3269-(1) the business itself is convicted of a felony
3270-referenced in subsection (a); or
3271-(2) the business is ordered to pay punitive damages
3272-based on the conduct of any officer, director, partner, or
3273-other managerial agent who has been convicted of a felony
3274-referenced in subsection (a).
3275-(d) A natural person who is convicted of a felony
3276-referenced in subsection (a) remains subject to Section 50-10.
3277-(e) No person or business shall bid, offer, make a
3278-submission to a vendor portal, or enter into a contract under
3279-this Code if the person or business assisted an employee of the
3280-State of Illinois, who, by the nature of his or her duties, has
3281-the authority to participate personally and substantially in
3282-the decision to award a State contract, by reviewing,
3283-
3284-
3285-drafting, directing, or preparing any invitation for bids, a
3286-request for proposal, or request for information or provided
3287-similar assistance except as part of a publicly issued
3288-opportunity to review drafts of all or part of these
3289-documents.
3290-This subsection does not prohibit a person or business
3291-from submitting a bid or offer or entering into a contract if
3292-the person or business: (i) initiates a communication with an
3293-employee to provide general information about products,
3294-services, or industry best practices, (ii) responds to a
3295-communication initiated by an employee of the State for the
3296-purposes of providing information to evaluate new products,
3297-trends, services, or technologies, or (iii) asks for
3298-clarification regarding a solicitation, so long as there is no
3299-competitive advantage to the person or business and the
3300-question and answer, if material, are posted to the Illinois
3301-Procurement Bulletin as an addendum to the solicitation.
3302-Nothing in this Section prohibits a vendor developing
3303-technology, goods, or services from bidding or offering to
3304-supply that technology or those goods or services if the
3305-subject demonstrated to the State represents industry trends
3306-and innovation and is not specifically designed to meet the
3307-State's needs.
3308-Nothing in this Section prohibits a person performing
3309-construction-related services from initiating contact with a
3310-business that performs construction for the purpose of
3311-
3312-
3313-obtaining market costs or production time to determine the
3314-estimated costs to complete the construction project.
3315-For purposes of this subsection (e), "business" includes
3316-all individuals with whom a business is affiliated, including,
3317-but not limited to, any officer, agent, employee, consultant,
3318-independent contractor, director, partner, or manager of a
3319-business.
3320-No person or business shall submit specifications to a
3321-State agency unless requested to do so by an employee of the
3322-State. No person or business who contracts with a State agency
3323-to write specifications for a particular procurement need
3324-shall submit a bid or proposal or receive a contract for that
3325-procurement need.
3326-Nothing in this subsection (e) shall prohibit a person or
3327-business from submitting an unsolicited proposal under Section
3328-19 of the Public-Private Partnerships for Transportation Act.
3329-(Source: P.A. 100-43, eff. 8-9-17.)
3330-ARTICLE 50.
3331-Section 50-5. The Business Enterprise for Minorities,
3332-Women, and Persons with Disabilities Act is amended by
3333-changing Sections 2, 5, and 8 and by adding Section 3.5 as
3334-follows:
3335-(30 ILCS 575/2)
3336-
3337-
3338-(Section scheduled to be repealed on June 30, 2029)
3339-Sec. 2. Definitions.
3340-(A) For the purpose of this Act, the following terms shall
3341-have the following definitions:
3342-(1) "Minority person" shall mean a person who is a
3343-citizen or lawful permanent resident of the United States
3344-and who is any of the following:
3345-(a) American Indian or Alaska Native (a person
3346-having origins in any of the original peoples of North
3347-and South America, including Central America, and who
3348-maintains tribal affiliation or community attachment).
3349-(b) Asian (a person having origins in any of the
3350-original peoples of the Far East, Southeast Asia, or
3351-the Indian subcontinent, including, but not limited
3352-to, Cambodia, China, India, Japan, Korea, Malaysia,
3353-Pakistan, the Philippine Islands, Thailand, and
3354-Vietnam).
3355-(c) Black or African American (a person having
3356-origins in any of the black racial groups of Africa).
3357-(d) Hispanic or Latino (a person of Cuban,
3358-Mexican, Puerto Rican, South or Central American, or
3359-other Spanish culture or origin, regardless of race).
3360-(e) Native Hawaiian or Other Pacific Islander (a
3361-person having origins in any of the original peoples
3362-of Hawaii, Guam, Samoa, or other Pacific Islands).
3363-(2) "Woman" shall mean a person who is a citizen or
3364-
3365-
3366-lawful permanent resident of the United States and who is
3367-of the female gender.
3368-(2.05) "Person with a disability" means a person who
3369-is a citizen or lawful resident of the United States and is
3370-a person qualifying as a person with a disability under
3371-subdivision (2.1) of this subsection (A).
3372-(2.1) "Person with a disability" means a person with a
3373-severe physical or mental disability that:
3374-(a) results from:
3375-amputation,
3376-arthritis,
3377-autism,
3378-blindness,
3379-burn injury,
3380-cancer,
3381-cerebral palsy,
3382-Crohn's disease,
3383-cystic fibrosis,
3384-deafness,
3385-head injury,
3386-heart disease,
3387-hemiplegia,
3388-hemophilia,
3389-respiratory or pulmonary dysfunction,
3390-an intellectual disability,
3391-mental illness,
3392-
3393-
3394-multiple sclerosis,
3395-muscular dystrophy,
3396-musculoskeletal disorders,
3397-neurological disorders, including stroke and
3398-epilepsy,
3399-paraplegia,
3400-quadriplegia and other spinal cord conditions,
3401-sickle cell anemia,
3402-ulcerative colitis,
3403-specific learning disabilities, or
3404-end stage renal failure disease; and
3405-(b) substantially limits one or more of the
3406-person's major life activities.
3407-Another disability or combination of disabilities may
3408-also be considered as a severe disability for the purposes
3409-of item (a) of this subdivision (2.1) if it is determined
3410-by an evaluation of rehabilitation potential to cause a
3411-comparable degree of substantial functional limitation
3412-similar to the specific list of disabilities listed in
3413-item (a) of this subdivision (2.1).
3414-(3) "Minority-owned business" means a business which
3415-is at least 51% owned by one or more minority persons, or
3416-in the case of a corporation, at least 51% of the stock in
3417-which is owned by one or more minority persons; and the
3418-management and daily business operations of which are
3419-controlled by one or more of the minority individuals who
3420-
3421-
3422-own it.
3423-(4) "Women-owned business" means a business which is
3424-at least 51% owned by one or more women, or, in the case of
3425-a corporation, at least 51% of the stock in which is owned
3426-by one or more women; and the management and daily
3427-business operations of which are controlled by one or more
3428-of the women who own it.
3429-(4.1) "Business owned by a person with a disability"
3430-means a business that is at least 51% owned by one or more
3431-persons with a disability and the management and daily
3432-business operations of which are controlled by one or more
3433-of the persons with disabilities who own it. A
3434-not-for-profit agency for persons with disabilities that
3435-is exempt from taxation under Section 501 of the Internal
3436-Revenue Code of 1986 is also considered a "business owned
3437-by a person with a disability".
3438-(4.2) "Council" means the Business Enterprise Council
3439-for Minorities, Women, and Persons with Disabilities
3440-created under Section 5 of this Act.
3441-(4.3) "Commission" means, unless the context clearly
3442-indicates otherwise, the Commission on Equity and
3443-Inclusion created under the Commission on Equity and
3444-Inclusion Act.
3445-(4.4) "Certified vendor" means a minority-owned
3446-business, women-owned business, or business owned by a
3447-person with a disability that is certified by the Business
3448-
3449-
3450-Enterprise Program.
3451-(4.5) "Subcontractor" means a person or entity that
3452-enters into a contractual agreement with a prime vendor to
3453-provide, on behalf of the prime vendor, goods, services,
3454-real property, or remuneration or other monetary
3455-consideration that is the subject of the primary State
3456-contract. "Subcontractor" includes a sublessee under a
3457-State contract.
3458-(4.6) "Prime vendor" means any person or entity having
3459-a contract that is subject to this Act with a State agency
3460-or public institution of higher education.
3461-(5) "State contracts" means all contracts entered into
3462-by the State, any agency or department thereof, or any
3463-public institution of higher education, including
3464-community college districts, regardless of the source of
3465-the funds with which the contracts are paid, which are not
3466-subject to federal reimbursement. "State contracts" does
3467-not include contracts awarded by a retirement system,
3468-pension fund, or investment board subject to Section
3469-1-109.1 of the Illinois Pension Code. This definition
3470-shall control over any existing definition under this Act
3471-or applicable administrative rule.
3472-"State construction contracts" means all State
3473-contracts entered into by a State agency or public
3474-institution of higher education for the repair,
3475-remodeling, renovation or construction of a building or
3476-
3477-
3478-structure, or for the construction or maintenance of a
3479-highway defined in Article 2 of the Illinois Highway Code.
3480-(6) "State agencies" shall mean all departments,
3481-officers, boards, commissions, institutions and bodies
3482-politic and corporate of the State, but does not include
3483-the Board of Trustees of the University of Illinois, the
3484-Board of Trustees of Southern Illinois University, the
3485-Board of Trustees of Chicago State University, the Board
3486-of Trustees of Eastern Illinois University, the Board of
3487-Trustees of Governors State University, the Board of
3488-Trustees of Illinois State University, the Board of
3489-Trustees of Northeastern Illinois University, the Board of
3490-Trustees of Northern Illinois University, the Board of
3491-Trustees of Western Illinois University, municipalities or
3492-other local governmental units, or other State
3493-constitutional officers.
3494-(7) "Public institutions of higher education" means
3495-the University of Illinois, Southern Illinois University,
3496-Chicago State University, Eastern Illinois University,
3497-Governors State University, Illinois State University,
3498-Northeastern Illinois University, Northern Illinois
3499-University, Western Illinois University, the public
3500-community colleges of the State, and any other public
3501-universities, colleges, and community colleges now or
3502-hereafter established or authorized by the General
3503-Assembly.
3504-
3505-
3506-(8) "Certification" means a determination made by the
3507-Council or by one delegated authority from the Council to
3508-make certifications, or by a State agency with statutory
3509-authority to make such a certification, that a business
3510-entity is a business owned by a minority, woman, or person
3511-with a disability for whatever purpose. A business owned
3512-and controlled by women shall be certified as a
3513-"woman-owned business". A business owned and controlled by
3514-women who are also minorities shall be certified as both a
3515-"women-owned business" and a "minority-owned business".
3516-(9) "Control" means the exclusive or ultimate and sole
3517-control of the business including, but not limited to,
3518-capital investment and all other financial matters,
3519-property, acquisitions, contract negotiations, legal
3520-matters, officer-director-employee selection and
3521-comprehensive hiring, operating responsibilities,
3522-cost-control matters, income and dividend matters,
3523-financial transactions and rights of other shareholders or
3524-joint partners. Control shall be real, substantial and
3525-continuing, not pro forma. Control shall include the power
3526-to direct or cause the direction of the management and
3527-policies of the business and to make the day-to-day as
3528-well as major decisions in matters of policy, management
3529-and operations. Control shall be exemplified by possessing
3530-the requisite knowledge and expertise to run the
3531-particular business and control shall not include simple
3532-
3533-
3534-majority or absentee ownership.
3535-(10) "Business" means a business that has annual gross
3536-sales of less than $150,000,000 as evidenced by the
3537-federal income tax return of the business. A certified
3538-vendor with gross sales in excess of this cap may apply to
3539-the Council for certification for a particular contract if
3540-the vendor can demonstrate that the contract would have
3541-significant impact on businesses owned by minorities,
3542-women, or persons with disabilities as suppliers or
3543-subcontractors or in employment of minorities, women, or
3544-persons with disabilities. Firms with gross sales in
3545-excess of this cap that are granted certification by the
3546-Council shall be granted certification for the life of the
3547-contract, including available renewals.
3548-(11) "Utilization plan" means an attachment that is
3549-made to all bids or proposals and that demonstrates the
3550-bidder's or offeror's efforts to meet the
3551-contract-specific Business Enterprise Program goal. The
3552-utilization plan shall indicate whether the prime vendor
3553-intends to meet the Business Enterprise Program goal
3554-through its own performance, if it is a certified vendor,
3555-or through the use of subcontractors that are certified
3556-vendors. The utilization plan shall demonstrate that the
3557-Vendor has either: (1) met the entire contract goal or (2)
3558-requested a full or partial waiver of the contract goal.
3559-If the prime vendor intends to use a subcontractor that is
3560-
3561-
3562-a certified vendor to fulfill the contract goal, a
3563-participation agreement executed between the prime vendor
3564-and the certified subcontractor must be included with the
3565-utilization plan.
3566-(12) "Business Enterprise Program" means the Business
3567-Enterprise Program of the Commission on Equity and
3568-Inclusion.
3569-(13) "Good faith effort" means actions undertaken by a
3570-vendor to achieve a contract specific Business Enterprise
3571-Program goal that, by scope, intensity, and
3572-appropriateness to the objective, can reasonably be
3573-expected to fulfill the program's requirements.
3574-(14) "Goal" means the participation levels of
3575-certified vendors on State contracts.
3576-(B) When a business is owned at least 51% by any
3577-combination of minority persons, women, or persons with
3578-disabilities, even though none of the 3 classes alone holds at
3579-least a 51% interest, the ownership requirement for purposes
3580-of this Act is considered to be met. The certification
3581-category for the business is that of the class holding the
3582-largest ownership interest in the business. If 2 or more
3583-classes have equal ownership interests, the certification
3584-category shall be determined by the business.
3585-(Source: P.A. 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23;
3586-103-570, eff. 1-1-24.)
3587-
3588-
3589-(30 ILCS 575/3.5 new)
3590-Sec. 3.5. Uniform standard of contract goals.
3591-(a) The Business Enterprise Program may establish uniform
3592-standards for calculating contract specific Business
3593-Enterprise Program goals for all State contracts and State
3594-construction contracts subject to this Act. In establishing
3595-those standards, the Business Enterprise Program may consider
3596-normal industry practice, the scope of the work to be
3597-performed under a contract, the availability of vendors that
3598-are able to perform the scope of the work to be performed under
3599-a contract, the availability of certified vendors that are
3600-able to perform the work to be performed under a contract, and
3601-the State's progress to date toward meeting the aspirational
3602-goals set forth in this Act.
3603-(b) Each State agency that is subject to this Act and each
3604-public institution of higher education that is subject to this
3605-Act may, in accordance with the provisions of this Act, set
3606-goals concerning participation in State contracts, including
3607-State construction contracts, to which the State agency or
3608-public institution of higher education is party. Goals
3609-involving State contracts above the small purchase threshold,
3610-as defined in Section 20-20 of the Illinois Procurement Code,
3611-may be submitted to the Business Enterprise Program for
3612-approval, denial, or modification.
3613-(c) As used in this Section, the terms "State contract"
3614-and "State construction contract" do not include grants from
3615-
3616-
3617-State agencies to grantees for capital improvements or
3618-operational expenses.
3619-(30 ILCS 575/5) (from Ch. 127, par. 132.605)
3620-(Section scheduled to be repealed on June 30, 2029)
3621-Sec. 5. Business Enterprise Council.
3622-(1) To help implement, monitor, and enforce the goals of
3623-this Act, there is created the Business Enterprise Council for
3624-Minorities, Women, and Persons with Disabilities, hereinafter
3625-referred to as the Council, composed of the Chairperson of the
3626-Commission on Equity and Inclusion, the Secretary of Human
3627-Services and the Directors of the Department of Human Rights,
3628-the Department of Commerce and Economic Opportunity, the
3629-Department of Central Management Services, the Department of
3630-Transportation and the Capital Development Board, or their
3631-duly appointed representatives, with the Comptroller, or his
3632-or her designee, serving as an advisory member of the Council.
3633-Ten individuals representing businesses that are
3634-minority-owned, women-owned, or owned by persons with
3635-disabilities, 2 individuals representing the business
3636-community, and a representative of public institutions of
3637-higher education shall be appointed by the Governor. These
3638-members shall serve 2-year terms and shall be eligible for
3639-reappointment. Any vacancy occurring on the Council shall also
3640-be filled by the Governor. Any member appointed to fill a
3641-vacancy occurring prior to the expiration of the term for
3642-
3643-
3644-which his or her predecessor was appointed shall be appointed
3645-for the remainder of such term. Members of the Council shall
3646-serve without compensation but shall be reimbursed for any
3647-ordinary and necessary expenses incurred in the performance of
3648-their duties.
3649-The Chairperson of the Commission shall serve as the
3650-Council chairperson and shall select, subject to approval of
3651-the Council, a Secretary responsible for the operation of the
3652-program who shall serve as the Division Manager of the
3653-Business Enterprise for Minorities, Women, and Persons with
3654-Disabilities Division of the Commission on Equity and
3655-Inclusion.
3656-The Director of each State agency and the chief executive
3657-officer of each public institution of higher education shall
3658-appoint a liaison to the Council. The liaison shall be
3659-responsible for submitting to the Council any reports and
3660-documents necessary under this Act.
3661-(2) The Council's authority and responsibility shall be
3662-to:
3663-(a) Devise a certification procedure to assure that
3664-businesses taking advantage of this Act are legitimately
3665-classified as businesses owned by minorities, women, or
3666-persons with disabilities and a registration procedure to
3667-recognize, without additional evidence of Business
3668-Enterprise Program eligibility, the certification of
3669-businesses owned by minorities, women, or persons with
3670-
3671-
3672-disabilities certified by the City of Chicago, Cook
3673-County, or other jurisdictional programs with requirements
3674-and procedures equaling or exceeding those in this Act.
3675-(b) Maintain a list of all businesses legitimately
3676-classified as businesses owned by minorities, women, or
3677-persons with disabilities to provide to State agencies and
3678-public institutions of higher education.
3679-(c) Review rules and regulations for the
3680-implementation of the program for businesses owned by
3681-minorities, women, and persons with disabilities.
3682-(d) Review compliance plans submitted by each State
3683-agency and public institution of higher education pursuant
3684-to this Act.
3685-(e) Make annual reports as provided in Section 8f to
3686-the Governor and the General Assembly on the status of the
3687-program.
3688-(f) Serve as a central clearinghouse for information
3689-on State contracts, including the maintenance of a list of
3690-all pending State contracts upon which businesses owned by
3691-minorities, women, and persons with disabilities may bid.
3692-At the Council's discretion, maintenance of the list may
3693-include 24-hour electronic access to the list along with
3694-the bid and application information.
3695-(g) Establish a toll-free telephone number to
3696-facilitate information requests concerning the
3697-certification process and pending contracts.
3698-
3699-
3700-(h) Adopt a procedure to grant automatic certification
3701-to businesses holding a certification from at least one of
3702-the following entities: (i) the Illinois Unified
3703-Certification Program; (ii) the Women's Business
3704-Development Center in Chicago; (iii) the Chicago Minority
3705-Supplier Development Council; or (iv) any other similar
3706-entity offering such certification to businesses.
3707-(i) Develop and maintain a repository for
3708-non-certified vendors that: (i) have applied for
3709-certification and have been denied; (ii) have started, but
3710-not completed, the certification process; (iii) have
3711-achieved certification, but did not seek renewal; or (iv)
3712-are known businesses owned by minorities, women, or
3713-persons with disabilities.
3714-(3) No premium bond rate of a surety company for a bond
3715-required of a business owned by a minority, woman, or person
3716-with a disability bidding for a State contract shall be higher
3717-than the lowest rate charged by that surety company for a
3718-similar bond in the same classification of work that would be
3719-written for a business not owned by a minority, woman, or
3720-person with a disability.
3721-(4) Any Council member who has direct financial or
3722-personal interest in any measure pending before the Council
3723-shall disclose this fact to the Council and refrain from
3724-participating in the determination upon such measure.
3725-(5) The Secretary shall have the following duties and
3726-
3727-
3728-responsibilities:
3729-(a) To be responsible for the day-to-day operation of
3730-the Council.
3731-(b) To serve as a coordinator for all of the State's
3732-programs for businesses owned by minorities, women, and
3733-persons with disabilities and as the information and
3734-referral center for all State initiatives for businesses
3735-owned by minorities, women, and persons with disabilities.
3736-(c) To establish an enforcement procedure whereby the
3737-Council may recommend to the appropriate State legal
3738-officer that the State exercise its legal remedies which
3739-shall include (1) termination of the contract involved,
3740-(2) prohibition of participation by the respondent in
3741-State public contracts for a period not to exceed 3 years,
3742-(3) imposition of a penalty not to exceed any profit
3743-acquired as a result of violation, or (4) any combination
3744-thereof. Such procedures shall require prior approval by
3745-Council. All funds collected as penalties under this
3746-subsection shall be used exclusively for maintenance and
3747-further development of the Business Enterprise Program and
3748-encouragement of participation in State procurement by
3749-minorities, women, and persons with disabilities.
3750-(d) To devise appropriate policies, regulations, and
3751-procedures for including participation by businesses owned
3752-by minorities, women, and persons with disabilities as
3753-prime contractors, including, but not limited to: (i)
3754-
3755-
3756-encouraging the inclusions of qualified businesses owned
3757-by minorities, women, and persons with disabilities on
3758-solicitation lists, (ii) investigating the potential of
3759-blanket bonding programs for small construction jobs, and
3760-(iii) investigating and making recommendations concerning
3761-the use of the sheltered market process.
3762-(e) To devise procedures for the waiver of the
3763-participation goals in appropriate circumstances.
3764-(f) To accept donations and, with the approval of the
3765-Council or the Chairperson of the Commission on Equity and
3766-Inclusion, grants related to the purposes of this Act; to
3767-conduct seminars related to the purpose of this Act and to
3768-charge reasonable registration fees; and to sell
3769-directories, vendor lists, and other such information to
3770-interested parties, except that forms necessary to become
3771-eligible for the program shall be provided free of charge
3772-to a business or individual applying for the Business
3773-Enterprise Program.
3774-(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
3775-102-29, eff. 6-25-21; 102-558, eff. 8-20-21; 102-721, eff.
3776-1-1-23.)
3777-(30 ILCS 575/8) (from Ch. 127, par. 132.608)
3778-(Section scheduled to be repealed on June 30, 2029)
3779-Sec. 8. Enforcement.
3780-(1) The Commission on Equity and Inclusion shall make such
3781-
3782-
3783-findings, recommendations and proposals to the Governor as are
3784-necessary and appropriate to enforce this Act. If, as a result
3785-of its monitoring activities, the Commission determines that
3786-its goals and policies are not being met by any State agency or
3787-public institution of higher education, the Commission may
3788-recommend any or all of the following actions:
3789-(a) Establish enforcement procedures whereby the
3790-Commission may recommend to the appropriate State agency,
3791-public institutions of higher education, or law
3792-enforcement officer that legal or administrative remedies
3793-be initiated for violations of contract provisions or
3794-rules issued hereunder or by a contracting State agency or
3795-public institutions of higher education. State agencies
3796-and public institutions of higher education shall be
3797-authorized to adopt remedies for such violations which
3798-shall include (1) termination of the contract involved,
3799-(2) prohibition of participation of the respondents in
3800-public contracts for a period not to exceed one year, (3)
3801-imposition of a penalty not to exceed any profit acquired
3802-as a result of violation, or (4) any combination thereof.
3803-(b) If the Commission concludes that a compliance plan
3804-submitted under Section 6 is unlikely to produce the
3805-participation goals for businesses owned by minorities,
3806-women, and persons with disabilities within the then
3807-current fiscal year, the Commission may recommend that the
3808-State agency or public institution of higher education
3809-
3810-
3811-revise its plan to provide additional opportunities for
3812-participation by businesses owned by minorities, women,
3813-and persons with disabilities. Such recommended revisions
3814-may include, but shall not be limited to, the following:
3815-(i) assurances of stronger and better focused
3816-solicitation efforts to obtain more businesses owned
3817-by minorities, women, and persons with disabilities as
3818-potential sources of supply;
3819-(ii) division of the scope of work job or project
3820-requirements, when economically feasible, into tasks
3821-or quantities to permit participation of businesses
3822-owned by minorities, women, and persons with
3823-disabilities;
3824-(iii) elimination of extended experience or
3825-capitalization requirements, when programmatically
3826-feasible, to permit participation of businesses owned
3827-by minorities, women, and persons with disabilities;
3828-(iv) identification of specific proposed contracts
3829-as particularly attractive or appropriate for
3830-participation by businesses owned by minorities,
3831-women, and persons with disabilities, such
3832-identification to result from and be coupled with the
3833-efforts of subparagraphs (i) through (iii);
3834-(v) implementation of those regulations
3835-established for the use of the sheltered market
3836-process.
3837-
3838-
3839-(2) State agencies and public institutions of higher
3840-education shall monitor a vendor's compliance with its
3841-utilization plan and the terms of its contract. Without
3842-limitation, a vendor's failure to comply with its contractual
3843-commitments as contained in the utilization plan; failure to
3844-cooperate in providing information regarding its compliance
3845-with its utilization plan; or the provision of false or
3846-misleading information or statements concerning compliance,
3847-certification status, or eligibility of the Business
3848-Enterprise Program-certified vendor, good faith efforts, or
3849-any other material fact or representation shall constitute a
3850-material breach of the contract and entitle the State agency
3851-or public institution of higher education to declare a
3852-default, terminate the contract, or exercise those remedies
3853-provided for in the contract, at law, or in equity.
3854-(3) Prior to the expiration or termination of a contract,
3855-State agencies and public institutions of higher education
3856-shall evaluate the contractor's fulfillment of the contract
3857-goals for participation by certified businesses owned by
3858-minorities, women, and persons with disabilities. The agency
3859-or public institution of higher education shall prepare a
3860-report of the vendor's compliance with the contract goals and
3861-file it with the Secretary. If the Secretary determines that
3862-the vendor did not fulfill the contract goals, the vendor
3863-shall be in breach of the contract and may be subject to
3864-remedies or sanctions, unless the vendor can show that it made
3865-
3866-
3867-good faith efforts to meet the contract goals. Such remedies
3868-or sanctions for failing to make good faith efforts may
3869-include (i) disqualification of the contractor from doing
3870-business with the State for a period of no more than one year
3871-or (ii) cancellation, without any penalty to the State, of any
3872-contract entered into by the vendor. The Business Enterprise
3873-Program shall develop procedures for determining whether a
3874-vendor has made good faith efforts to meet the contract goals
3875-upon the expiration or termination of a contract.
3876-(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
3877-ARTICLE 55.
3878-Section 55-5. The Public Contract Fraud Act is amended by
3879-changing Section 2 as follows:
3880-(30 ILCS 545/2) (from Ch. 127, par. 132.52)
3881-Sec. 2. Spending money without obtaining title to land;
3882-approval of title by Attorney General.
3883-(a) Except as otherwise provided in Section 2 of the
3884-Superconducting Super Collider Act or for projects constructed
3885-under the Bikeway Act, any person or persons, commissioner or
3886-commissioners, or other officer or officers, entrusted with
3887-the construction or repair of any public work or improvement,
3888-as set forth in Section 1, who shall expend or cause to be
3889-expended upon such public work or improvement, the whole or
3890-
3891-
3892-any part of the moneys appropriated therefor, or who shall
3893-commence work, or in any way authorize work to be commenced,
3894-thereon, without first having obtained a title, by purchase,
3895-donation, condemnation or otherwise, to all lands needed for
3896-such public work or improvement, running to the People of the
3897-State of Illinois; such title to be approved by the Attorney
3898-General, and his approval certified by the Secretary of State
3899-and placed on record in his office, shall be deemed guilty of a
3900-Class A misdemeanor.
3901-(b) Approval of title by the Attorney General for all
3902-lands needed for a public work or improvement shall not be
3903-required as established under subsection (a) of this Section
3904-and the State Comptroller may draw warrant in payment of
3905-consideration for all such lands without requiring approval of
3906-title by the Attorney General if consideration to be paid does
3907-not exceed $25,000 $10,000 and the title acquired for such
3908-lands is for:
3909-(1) a fee simple title or easement acquired by the
3910-State for highway right-of-way; or
3911-(2) an acquisition of rights or easements of access,
3912-crossing, light, air or view to, from or over a freeway
3913-vested in abutting property; or
3914-(3) a fee simple title or easement used to place
3915-utility lines and connect a permanent public work or
3916-improvement owned by the State to main utility lines; or
3917-(4) for the purpose of flood relief or other water
3918-
3919-
3920-resource projects.
3921-(c) This Section does not apply to any otherwise lawful
3922-expenditures for the construction, completion, remodeling,
3923-maintenance and equipment of buildings and other facilities
3924-made in connection with and upon premises owned by the
3925-Illinois Building Authority, nor shall this Section apply to
3926-improvements to real estate leased by any State agency as
3927-defined in the Illinois State Auditing Act, provided the
3928-leasehold improvements were contracted for by an agency with
3929-leasing authority and in compliance with the rules and
3930-regulations promulgated by such agency for that purpose.
3931-(Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)
3932-ARTICLE 60.
3933-Section 60-5. The Metropolitan Water Reclamation District
3934-Act is amended by changing Sections 11.3 and 11.5 as follows:
3935-(70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
3936-Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
3937-all purchase orders or contracts involving amounts in excess
3938-of the mandatory competitive bid threshold and made by or on
3939-behalf of the sanitary district for labor, services or work,
3940-the purchase, lease or sale of personal property, materials,
3941-equipment or supplies, or the granting of any concession,
3942-shall be let by free and open competitive bidding after
3943-
3944-
3945-advertisement, to the lowest responsible bidder or to the
3946-highest responsible bidder, as the case may be, depending upon
3947-whether the sanitary district is to expend or receive money.
3948-All such purchase orders or contracts which shall involve
3949-amounts that will not exceed the mandatory competitive bid
3950-threshold, shall also be let in the manner prescribed above
3951-whenever practicable, except that after solicitation of bids,
3952-such purchase orders or contracts may be let in the open
3953-market, in a manner calculated to insure the best interests of
3954-the public. The provisions of this section are subject to any
3955-contrary provisions contained in "An Act concerning the use of
3956-Illinois mined coal in certain plants and institutions", filed
3957-July 13, 1937, as heretofore and hereafter amended. For
3958-purposes of this Section, the "mandatory competitive bid
3959-threshold" is a dollar amount equal to 0.1% of the total
3960-general fixed assets of the district as reported in the most
3961-recent required audit report. In no event, however, shall the
3962-mandatory competitive bid threshold dollar amount be less than
3963-$60,000 $10,000 or more than $40,000.
3964-If a unit of local government performs non-emergency
3965-construction, alteration, repair, improvement, or maintenance
3966-work on the public way, the sanitary district may enter into an
3967-intergovernmental agreement with the unit of local government
3968-allowing similar construction work to be performed by the
3969-sanitary district on the same project, in an amount no greater
3970-than $100,000, to save taxpayer funds and eliminate
3971-
3972-
3973-duplication of government effort. The sanitary district and
3974-the other unit of local government shall, before work is
3975-performed by either unit of local government on a project,
3976-adopt a resolution by a majority vote of both governing bodies
3977-certifying work will occur at a specific location, the reasons
3978-why both units of local government require work to be
3979-performed in the same location, and the projected cost savings
3980-if work is performed by both units of local government on the
3981-same project. Officials or employees of the sanitary district
3982-may, if authorized by resolution, purchase in the open market
3983-any supplies, materials, equipment, or services for use within
3984-the project in an amount no greater than $100,000 without
3985-advertisement or without filing a requisition or estimate. A
3986-full written account of each project performed by the sanitary
3987-district and a requisition for the materials, supplies,
3988-equipment, and services used by the sanitary district required
3989-to complete the project must be submitted by the officials or
3990-employees authorized to make purchases to the board of
3991-trustees of the sanitary district no later than 30 days after
3992-purchase. The full written account must be available for
3993-public inspection for at least one year after expenditures are
3994-made.
3995-Notwithstanding the provisions of this Section, the
3996-sanitary district is expressly authorized to establish such
3997-procedures as it deems appropriate to comply with state or
3998-federal regulations as to affirmative action and the
3999-
4000-
4001-utilization of small and minority businesses in construction
4002-and procurement contracts.
4003-(Source: P.A. 100-882, eff. 8-14-18.)
4004-(70 ILCS 2605/11.5) (from Ch. 42, par. 331.5)
4005-Sec. 11.5. In the event of an emergency affecting the
4006-public health or safety, so declared by action of the board of
4007-trustees, which declaration shall describe the nature of the
4008-injurious effect upon the public health or safety, contracts
4009-may be let to the extent necessary to resolve such emergency
4010-without public advertisement. The declaration shall fix the
4011-date upon which such emergency shall terminate. The date may
4012-be extended or abridged by the board of trustees as in its
4013-judgment the circumstances require.
4014-The executive director appointed in accordance with
4015-Section 4 of this Act shall authorize in writing and certify to
4016-the director of procurement and materials management those
4017-officials or employees of the several departments of the
4018-sanitary district who may purchase in the open market without
4019-filing a requisition or estimate therefor, and without
4020-advertisement, any supplies, materials, equipment or services,
4021-for immediate delivery to meet bona fide operating emergencies
4022-where the amount thereof is not in excess of $100,000 $50,000;
4023-provided, that the director of procurement and materials
4024-management shall be notified of such emergency. A full written
4025-account of any such emergency together with a requisition for
4026-
4027-
4028-the materials, supplies, equipment or services required
4029-therefor shall be submitted immediately by the requisitioning
4030-agent to the executive director and such report and
4031-requisition shall be submitted to the director of procurement
4032-and materials management and shall be open to public
4033-inspection for a period of at least one year subsequent to the
4034-date of such emergency purchase. The exercise of authority in
4035-respect to purchases for such bona fide operating emergencies
4036-shall not be dependent upon a declaration of emergency by the
4037-board of trustees under the first paragraph of this Section.
4038-(Source: P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09.)
4039-ARTICLE 65.
4040-Section 65-5. The Illinois Procurement Code is amended by
4041-changing Section 45-105 as follows:
4042-(30 ILCS 500/45-105)
4043-Sec. 45-105. Bid preference for Illinois businesses.
4044-(a) (Blank).
4045-(b) It is hereby declared to be the public policy of the
4046-State of Illinois to promote the economy of Illinois through
4047-the use of Illinois businesses for all State construction
4048-contracts.
4049-(c) A construction agency, as defined in Section 1-15.25,
4050-Construction agencies procuring construction and
4051-
4052-
4053-construction-related professional services shall make
4054-reasonable efforts to contract with Illinois businesses.
4055-(d) Each Beginning in 2022, each construction agency shall
4056-submit a report to the Governor and the General Assembly by
4057-December September 1 of each year that identifies the Illinois
4058-businesses procured by the construction agency, the primary
4059-location of the construction project, the percentage of the
4060-construction agency's utilization of Illinois businesses on
4061-the project as a whole, and the actions that the construction
4062-agency has undertaken to increase the use of Illinois
4063-businesses.
4064-(e) In procuring construction and construction-related
4065-professional services for projects with a total value that
4066-exceeds the small purchase maximum established by Section
4067-20-20 of this Code, construction agencies shall provide a bid
4068-preference to a responsive and responsible bidder that is an
4069-Illinois business as defined in this Section. The construction
4070-agency shall allocate to the lowest bid by an Illinois
4071-business that is responsible and responsive a bid preference
4072-of 4% of the contract base bid. This subsection applies only to
4073-projects where a business that is not an Illinois business
4074-submits a bid.
4075-(f) This Section does not apply to any contract for any
4076-project for which federal funds are available for expenditure
4077-when its provisions may be in conflict with federal law or
4078-federal regulation.
4079-
4080-
4081-(g) As used in this Section, "Illinois business" means a
4082-contractor that is operating and headquartered in Illinois and
4083-providing, at the time that an invitation for a bid or notice
4084-of contract opportunity is first advertised, construction or
4085-construction-related professional services, and is operating
4086-as:
4087-(1) a sole proprietor whose primary residence is in
4088-Illinois;
4089-(2) a business incorporated or organized as a domestic
4090-corporation under the Business Corporation Act of 1983;
4091-(3) a business organized as a domestic partnership
4092-under the Uniform Partnership Act of 1997;
4093-(4) a business organized as a domestic limited
4094-partnership under the Uniform Limited Partnership Act of
4095-2001;
4096-(5) a business organized under the Limited Liability
4097-Company Act; or
4098-(6) a business organized under the Professional
4099-Limited Liability Company Act.
4100-"Illinois business" does not include any subcontractors.
4101-(Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
4102-ARTICLE 70.
4103-Section 70-5. The Governmental Joint Purchasing Act is
4104-amended by changing Section 4 as follows:
4105-
4106-
4107-(30 ILCS 525/4) (from Ch. 85, par. 1604)
4108-Sec. 4. Bids, offers, and small purchases. The purchases
4109-of all personal property, supplies and services under this
4110-Act, except for small purchases, shall be based on competitive
4111-solicitations unless, for purchases made pursuant to
4112-subsection (a) of Section 2 of this Act, it is the
4113-determination of the applicable chief procurement officer that
4114-it is impractical to obtain competition. Purchases pursuant to
4115-this Section shall follow the same procedures used for
4116-competitive solicitations made pursuant to the Illinois
4117-Procurement Code when the State is a party to the joint
4118-purchase. For purchases made pursuant to subsection (a) of
4119-Section 2 of this Act where the applicable chief procurement
4120-officer makes the determination that it is impractical to
4121-obtain competition, purchases shall either follow the same
4122-procedure used for sole source procurements in Section 20-25
4123-of the Illinois Procurement Code or the same procedure used
4124-for emergency purchases in Section 20-30 of the Illinois
4125-Procurement Code. For purchases pursuant to subsection (a) of
4126-Section 2, bids and offers shall be solicited by public notice
4127-inserted at least once in a newspaper of general circulation
4128-in one of the counties where the materials are to be used and
4129-at least 5 calendar days before the final date of submitting
4130-bids or offers, except as otherwise provided in this Section.
4131-Where the State of Illinois is a party to the joint purchase
4132-
4133-
4134-agreement, public notice soliciting the bids or offers shall
4135-be published in the appropriate volume of the Illinois
4136-Procurement Bulletin. Such notice shall include a general
4137-description of the supplies or services to be purchased and
4138-shall state where specifications may be obtained and the time
4139-and place for the opening of bids and offers. The governmental
4140-unit conducting the competitive procurement process may also
4141-solicit sealed bids or offers by sending requests by mail to
4142-potential contractors and by posting notices on a public
4143-bulletin board in its office. Small purchases pursuant to this
4144-Section shall follow the same procedure used for small
4145-purchases in Section 20-20 of the Illinois Procurement Code.
4146-All purchases, orders or contracts shall be awarded to the
4147-lowest responsible bidder or highest-ranked offeror, as ranked
4148-by the cooperative purchasing program, or, if not ranked by
4149-the cooperative purchasing program then by the purchasing
4150-governmental unit, when the purchasing governmental unit
4151-determines that the selected contract best meets the
4152-governmental unit's needs, taking into consideration the
4153-qualities of the articles or services supplied, their
4154-conformity with the specifications, their suitability to the
4155-requirements of the participating governmental units and the
4156-delivery terms. A governmental unit may purchase a supply or
4157-service that is available on contracts from multiple
4158-contractors if the governmental unit determines that the
4159-selected contract best meets the governmental unit's needs.
4160-
4161-
4162-Where the State of Illinois is not a party, all bids or
4163-offers may be rejected and new bids or offers solicited if one
4164-or more of the participating governmental units believes the
4165-public interest may be served thereby. Each bid or offer, with
4166-the name of the bidder or offeror, shall be entered on a
4167-record, which record with the successful bid or offer,
4168-indicated thereon shall, after the award of the purchase or
4169-order or contract, be open to public inspection. A copy of all
4170-contracts shall be filed with the purchasing office or clerk
4171-or secretary of each participating governmental unit.
4172-(Source: P.A. 100-43, eff. 8-9-17.)
4173-ARTICLE 75.
4174-Section 75-5. The Commission on Equity and Inclusion Act
4175-is amended by changing Section 40-10 as follows:
4176-(30 ILCS 574/40-10)
4177-Sec. 40-10. Powers and duties. In addition to the other
4178-powers and duties which may be prescribed in this Act or
4179-elsewhere, the Commission shall have the following powers and
4180-duties:
4181-(1) The Commission shall have a role in all State and
4182-university procurement by facilitating and streamlining
4183-communications between the Business Enterprise Council for
4184-Minorities, Women, and Persons with Disabilities, the
4185-
4186-
4187-purchasing entities, the Chief Procurement Officers, and
4188-others.
4189-(2) The Commission may create a scoring evaluation for
4190-State agency directors, public university presidents and
4191-chancellors, and public community college presidents. The
4192-scoring shall be based on the following 3 principles: (i)
4193-increasing capacity; (ii) growing revenue; and (iii)
4194-enhancing credentials. These principles should be the
4195-foundation of the agency compliance plan required under
4196-Section 6 of the Business Enterprise for Minorities,
4197-Women, and Persons with Disabilities Act.
4198-(3) The Commission shall exercise the authority and
4199-duties provided to it under Section 5-7 of the Illinois
4200-Procurement Code.
4201-(4) The Commission, working with State agencies, shall
4202-provide support for diversity in State hiring.
4203-(5) The Commission shall supervise oversee the
4204-implementation and effectiveness of supplier diversity
4205-training of the State procurement workforce.
4206-(6) Each January, and as otherwise frequently as may
4207-be deemed necessary and appropriate by the Commission, the
4208-Commission shall propose and submit to the Governor and
4209-the General Assembly legislative changes to increase
4210-inclusion and diversity in State government.
4211-(7) The Commission shall have oversight over the
4212-following entities:
4213-
4214-
4215-(A) the Illinois African-American Family
4216-Commission;
4217-(B) the Illinois Latino Family Commission;
4218-(C) the Asian American Family Commission;
4219-(D) the Illinois Muslim American Advisory Council;
4220-(E) the Illinois African-American Fair Contracting
4221-Commission created under Executive Order 2018-07; and
4222-(F) the Business Enterprise Council for
4223-Minorities, Women, and Persons with Disabilities.
4224-(8) The Commission shall adopt any rules necessary for
4225-the implementation and administration of the requirements
4226-of this Act.
4227-(9) The Commission shall exercise the authority and
4228-duties provided to it under Section 45-57 of the Illinois
4229-Procurement Code.
4230-(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21;
4231-102-671, eff. 11-30-21.)
4232-ARTICLE 80.
4233-Section 80-5. The Metropolitan Pier and Exposition
4234-Authority Act is amended by changing Sections 24 and 25.4 as
4235-follows:
4236-(70 ILCS 210/24) (from Ch. 85, par. 1244)
4237-Sec. 24. All contracts for the sale of property of the
4238-
4239-
4240-value of more than $10,000 or for any concession in or lease of
4241-property of the Authority for a term of more than one year
4242-shall be awarded to the highest responsible bidder, after
4243-advertising for bids, except as may be otherwise authorized by
4244-this Act. All construction contracts, when the cost will
4245-exceed $30,000, and contracts for supplies, materials,
4246-equipment and services, when the cost thereof will exceed
4247-$100,000 $10,000, shall be let to the lowest responsible
4248-bidder, after advertising for bids, excepting (1) when repair
4249-parts, accessories, equipment or services are required for
4250-equipment or services previously furnished or contracted for,
4251-(2) professional services contracted for in accordance with
4252-Section 25.1 of this Act, (3) when services such as water,
4253-light, heat, power, telephone (other than long-distance
4254-service) or telegraph are required, (4) when contracts for the
4255-use, purchase, delivery, movement, or installation of data
4256-processing equipment, software, or services and
4257-telecommunications equipment, software, and services are
4258-required, and (5) when the immediate delivery of supplies,
4259-materials, equipment, or services is required and (i) the
4260-chief executive officer determines that an emergency situation
4261-exists; (ii) the contract accepted is based on the lowest
4262-responsible bid after the Authority has made a diligent effort
4263-to solicit multiple bids by telephone, facsimile, or other
4264-efficient means; and (iii) the chief executive officer submits
4265-a report at the next regular Board meeting, to be ratified by
4266-
4267-
4268-the Board and entered into the official record, stating the
4269-chief executive officer's reason for declaring an emergency
4270-situation, the names of the other parties solicited and their
4271-bids, and a copy of the contract awarded.
4272-All construction contracts involving less than $30,000 and
4273-all other contracts involving less than $100,000 $10,000 shall
4274-be let by competitive bidding whenever possible, and in any
4275-event in a manner calculated to insure the best interests of
4276-the public.
4277-Each bidder shall disclose in his bid the name of each
4278-individual having a beneficial interest, directly or
4279-indirectly, of more than 7 1/2% in such bidding entity and, if
4280-such bidding entity is a corporation, the names of each of its
4281-officers and directors. The bidder shall notify the Board of
4282-any changes in its ownership or its officers or directors at
4283-the time such changes occur if the change occurs during the
4284-pendency of a proposal or a contract.
4285-In determining the responsibility of any bidder, the Board
4286-may take into account past record of dealings with the bidder,
4287-experience, adequacy of equipment, ability to complete
4288-performance within the time set, and other factors besides
4289-financial responsibility, but in no case shall any such
4290-contracts be awarded to any other than the highest bidder (in
4291-case of sale or concession or lease) or the lowest bidder (in
4292-case of purchase or expenditure) unless authorized or approved
4293-by a vote of at least three-fourths of the members of the
4294-
4295-
4296-Board, and unless such action is accompanied by a statement in
4297-writing setting forth the reasons for not awarding the
4298-contract to the highest or lowest bidder, as the case may be,
4299-which statement shall be kept on file in the principal office
4300-of the Authority and open to public inspection.
4301-From the group of responsible bidders the lowest bidder
4302-shall be selected in the following manner: to all bids for
4303-sales the gross receipts of which are not taxable under the
4304-"Retailers' Occupation Tax Act", approved June 28, 1933, as
4305-amended, there shall be added an amount equal to the tax which
4306-would be payable under said Act, if applicable, and the lowest
4307-in amount of said adjusted bids and bids for sales the gross
4308-receipts of which are taxable under said Act shall be
4309-considered the lowest bid; provided, that, if said lowest bid
4310-relates to a sale not taxable under said Act, any contract
4311-entered into thereon shall be in the amount of the original bid
4312-not adjusted as aforesaid.
4313-Contracts shall not be split into parts involving
4314-expenditures of less than $100,000 $10,000 (or $30,000 in the
4315-case of construction contracts) for the purposes of avoiding
4316-the provisions of this Section, and all such split contracts
4317-shall be void. If any collusion occurs among bidders or
4318-prospective bidders in restraint of freedom of competition, by
4319-agreement to bid a fixed amount or to refrain from bidding, or
4320-otherwise, the bids of such bidders shall be void. Each bidder
4321-shall accompany his bid with a sworn statement that he has not
4322-
4323-
4324-been a party to any such agreement.
4325-The Board shall have the right to reject all bids and to
4326-readvertise for bids. If after any such readvertisement no
4327-responsible and satisfactory bid, within the terms of the
4328-advertisement, shall be received, the Board may award such
4329-contract without competitive bidding, provided that it shall
4330-not be less advantageous to the Authority than any valid bid
4331-received pursuant to advertisement.
4332-The Board shall adopt rules and regulations of general
4333-application within 90 days of the effective date of this
4334-amendatory Act of 1985 to carry into effect the provisions of
4335-this Section.
4336-(Source: P.A. 91-422, eff. 1-1-00.)
4337-(70 ILCS 210/25.4)
4338-Sec. 25.4. Contracts for professional services.
4339-(a) When the Authority proposes to enter into a contract
4340-or agreement for professional services, other than the
4341-marketing agreement required in Section 5.6, the Authority
4342-shall use a request for proposal process in accordance with
4343-the Illinois Procurement Code.
4344-(b) Any person that submits a response to a request for
4345-proposals under this Section shall disclose in the response
4346-the name of each individual having a beneficial interest
4347-directly or indirectly of more than 7 1/2% in such person and,
4348-if such person is a corporation, the names of each of its
4349-
4350-
4351-officers and directors. The person shall notify the Board of
4352-any changes in its ownership or its officers or directors at
4353-the time such changes occur if the change occurs during the
4354-pendency of a proposal or a contract.
4355-(c) All contracts and agreements under this Section shall
4356-be authorized and approved by the Board and shall be set forth
4357-in a writing executed by the contractor and the Authority. No
4358-payment shall be made under this Section until a written
4359-contract or agreement shall be so authorized, approved, and
4360-executed. A copy of each contract or agreement (whether or not
4361-exempted under this Section) and the response, if any, to the
4362-request for proposals upon which the contract was awarded must
4363-be filed with the Secretary of the Authority and is required to
4364-be open for public inspection.
4365-(d) This Section applies to (i) contracts in excess of
4366-$25,000 for architectural, engineering, or land surveying
4367-services provided to the Authority; (ii) (i) contracts in
4368-excess of $100,000 $25,000 for other professional services
4369-provided to the Authority, including the services of
4370-accountants, architects, attorneys, engineers, physicians,
4371-superintendents of construction, financial advisors, bond
4372-trustees, and other similar professionals possessing a high
4373-degree of skill; and (iii) (ii) contracts or bond purchase
4374-agreements in excess of $10,000 with underwriters or
4375-investment bankers with respect to sale of the Authority's
4376-bonds under this Act. This Section shall not apply to
4377-
4378-
4379-contracts for professional services to be provided by, or the
4380-agreement is with, a State agency, federal agency, or unit of
4381-local government.
4382-(Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)
4383-ARTICLE 85.
4384-Section 85-5. The Public-Private Partnerships for
4385-Transportation Act is amended by changing Sections 10, 15, 19,
4386-and 35 as follows:
4387-(630 ILCS 5/10)
4388-Sec. 10. Definitions. As used in this Act:
4389-"Approved proposal" means the proposal that is approved by
4390-the responsible public entity pursuant to subsection (j) of
4391-Section 20 of this Act.
4392-"Approved proposer" means the private entity whose
4393-proposal is the approved proposal.
4394-"Authority" means the Illinois State Toll Highway
4395-Authority.
4396-"Contractor" means a private entity that has entered into
4397-a public-private agreement with the responsible public entity
4398-to provide services to or on behalf of the responsible public
4399-entity.
4400-"Department" means the Illinois Department of
4401-Transportation.
4402-
4403-
4404-"Design-build agreement" means the agreement between the
4405-selected private entity and the responsible public entity
4406-under which the selected private entity agrees to furnish
4407-design, construction, and related services for a
4408-transportation facility under this Act.
4409-"Develop" or "development" means to do one or more of the
4410-following: plan, design, develop, lease, acquire, install,
4411-construct, reconstruct, rehabilitate, extend, or expand.
4412-"Maintain" or "maintenance" includes ordinary maintenance,
4413-repair, rehabilitation, capital maintenance, maintenance
4414-replacement, and any other categories of maintenance that may
4415-be designated by the responsible public entity.
4416-"Operate" or "operation" means to do one or more of the
4417-following: maintain, improve, equip, modify, or otherwise
4418-operate.
4419-"Private entity" means any combination of one or more
4420-individuals, corporations, general partnerships, limited
4421-liability companies, limited partnerships, joint ventures,
4422-business trusts, nonprofit entities, or other business
4423-entities that are parties to a proposal for a transportation
4424-project or an agreement related to a transportation project. A
4425-public agency may provide services to a contractor as a
4426-subcontractor or subconsultant without affecting the private
4427-status of the private entity and the ability to enter into a
4428-public-private agreement. A transportation agency is not a
4429-private entity.
4430-
4431-
4432-"Proposal" means all materials and documents prepared by
4433-or on behalf of a private entity relating to the proposed
4434-development, financing, or operation of a transportation
4435-facility as a transportation project.
4436-"Proposer" means a private entity that has submitted an
4437-unsolicited proposal for a public-private agreement to a
4438-responsible public entity under this Act or a proposal or
4439-statement of qualifications for a public-private agreement in
4440-response to a request for proposals or a request for
4441-qualifications issued by a responsible public entity under
4442-this Act.
4443-"Public-private agreement" means the public-private
4444-agreement between the contractor and the responsible public
4445-entity relating to one or more of the development, financing,
4446-or operation of a transportation project that is entered into
4447-under this Act.
4448-"Request for information" means all materials and
4449-documents prepared by or on behalf of the responsible public
4450-entity to solicit information from private entities with
4451-respect to transportation projects.
4452-"Request for proposals" means all materials and documents
4453-prepared by or on behalf of the responsible public entity to
4454-solicit proposals from private entities to enter into a
4455-public-private agreement.
4456-"Request for qualifications" means all materials and
4457-documents prepared by or on behalf of the responsible public
4458-
4459-
4460-entity to solicit statements of qualification from private
4461-entities to enter into a public-private agreement.
4462-"Responsible public entity" means the Department of
4463-Transportation, the Illinois State Toll Highway Authority, and
4464-the 5 most populous counties of Illinois, as of the most recent
4465-publicly available decennial census.
4466-"Revenues" means all revenues, including any combination
4467-of: income; earnings and interest; user fees; lease payments;
4468-allocations; federal, State, and local appropriations, grants,
4469-loans, lines of credit, and credit guarantees; bond proceeds;
4470-equity investments; service payments; or other receipts;
4471-arising out of or in connection with a transportation project,
4472-including the development, financing, and operation of a
4473-transportation project. The term includes money received as
4474-grants, loans, lines of credit, credit guarantees, or
4475-otherwise in aid of a transportation project from the federal
4476-government, the State, a unit of local government, or any
4477-agency or instrumentality of the federal government, the
4478-State, or a unit of local government.
4479-"Shortlist" means the process by which a responsible
4480-public entity will review, evaluate, and rank statements of
4481-qualifications submitted in response to a request for
4482-qualifications and then identify the proposers who are
4483-eligible to submit a detailed proposal in response to a
4484-request for proposals. The identified proposers constitute the
4485-shortlist for the transportation project to which the request
4486-
4487-
4488-for proposals relates.
4489-"Transportation agency" means (i) the Department or (ii)
4490-the Authority.
4491-"Transportation facility" means any new or existing road,
4492-highway, toll highway, bridge, tunnel, intermodal facility,
4493-intercity or high-speed passenger rail, or other
4494-transportation facility or infrastructure, excluding airports,
4495-under the jurisdiction of a responsible public entity, except
4496-those facilities for the Illiana Expressway. The term
4497-"transportation facility" may refer to one or more
4498-transportation facilities that are proposed to be developed or
4499-operated as part of a single transportation project.
4500-"Transportation project" or "project" means any or the
4501-combination of the design, development, construction,
4502-financing, or operation with respect to all or a portion of any
4503-transportation facility under the jurisdiction of the
4504-responsible public entity, except those facilities for the
4505-Illiana Expressway, undertaken pursuant to this Act.
4506-"Unit of local government" has the meaning ascribed to
4507-that term in Article VII, Section 1 of the Constitution of the
4508-State of Illinois and also means any unit designated as a
4509-municipal corporation.
4510-"Unsolicited proposal" means a written proposal that is
4511-submitted to a transportation agency responsible public entity
4512-on the initiative of the private sector entity or entities for
4513-the purpose of developing a partnership, and that is not in
4514-
4515-
4516-response to a formal or informal request issued by a
4517-transportation agency responsible public entity.
4518-"User fees" or "tolls" means the rates, tolls, fees, or
4519-other charges imposed by the contractor for use of all or a
4520-portion of a transportation project under a public-private
4521-agreement.
4522-(Source: P.A. 103-570, eff. 1-1-24.)
4523-(630 ILCS 5/15)
4524-Sec. 15. Formation of public-private agreements; project
4525-planning.
4526-(a) Each responsible public entity may exercise the powers
4527-granted by this Act to do some or all to design, develop,
4528-construct, finance, and operate any part of one or more
4529-transportation projects through public-private agreements with
4530-one or more private entities, except for transportation
4531-projects for the Illiana Expressway as defined in the Public
4532-Private Agreements for the Illiana Expressway Act. The net
4533-proceeds, if any, arising out of a transportation project or
4534-public-private agreement undertaken by the Department pursuant
4535-to this Act shall be deposited into the Public-Private
4536-Partnerships for Transportation Fund. The net proceeds arising
4537-out of a transportation project or public-private agreement
4538-undertaken by the Authority pursuant to this Act shall be
4539-deposited into the Illinois State Toll Highway Authority Fund
4540-and shall be used only as authorized by Section 23 of the Toll
4541-
4542-
4543-Highway Act.
4544-(b) The Authority may enter into a public-private
4545-partnership to design, develop, construct, finance, and
4546-operate new toll highways authorized by the Governor and the
4547-General Assembly pursuant to Section 14.1 of the Toll Highway
4548-Act, non-highway transportation projects on the toll highway
4549-system such as commuter rail or high-speed rail lines, and
4550-intelligent transportation infrastructure that will enhance
4551-the safety, efficiency, and environmental quality of the toll
4552-highway system. The Authority may operate or provide
4553-operational services such as toll collection on highways which
4554-are developed or financed, or both, through a public-private
4555-agreement entered into by another public entity, under an
4556-agreement with the public entity or contractor responsible for
4557-the transportation project.
4558-(c) A contractor has:
4559-(1) all powers allowed by law generally to a private
4560-entity having the same form of organization as the
4561-contractor; and
4562-(2) the power to develop, finance, and operate the
4563-transportation facility and to impose user fees in
4564-connection with the use of the transportation facility,
4565-subject to the terms of the public-private agreement.
4566-No tolls or user fees may be imposed by the contractor
4567-except as set forth in a public-private agreement.
4568-(d) Prior to commencing the procurement process under an
4569-
4570-
4571-unsolicited proposal or the issuance of any request for
4572-qualifications or request for proposals with respect to any
4573-potential project undertaken by a responsible public entity
4574-pursuant to Section 19 or 20 of this Act, the commencement of a
4575-procurement process for that particular potential project
4576-shall be authorized by joint resolution of the General
4577-Assembly.
4578-(e) (Blank).
4579-(f) Any project undertaken under this Act shall be subject
4580-to all applicable planning requirements otherwise required by
4581-law, including land use planning, regional planning,
4582-transportation planning, and environmental compliance
4583-requirements.
4584-(g) (Blank).
4585-(h) The responsible public entity shall hold one or more
4586-public hearings before entering into negotiations with a
4587-proposer following its submittals to the General Assembly
4588-under subsection (d) of this Section. These public hearings
4589-shall address any potential project that the responsible
4590-public entity submitted to the General Assembly for review
4591-under subsection (d). The responsible public entity shall
4592-publish a notice of the hearing or hearings at least 7 days
4593-before a hearing takes place, and shall include the following
4594-in the notice: (i) the date, time, and place of the hearing and
4595-the address of the responsible public entity; (ii) a brief
4596-description of the potential projects that the responsible
4597-
4598-
4599-public entity is considering undertaking; and (iii) a
4600-statement that the public may comment on the potential
4601-projects.
4602-(i) Each year, at least 30 days prior to the beginning of
4603-the transportation agency's fiscal year, the transportation
4604-agency shall submit a description of potential projects that
4605-the transportation agency is considering undertaking under
4606-this Act to each county, municipality, and metropolitan
4607-planning organization, with respect to each project located
4608-within its boundaries.
4609-(j) A new transportation facility developed as a project
4610-under this Act must be consistent with the regional plan then
4611-in existence of a metropolitan planning organization in whose
4612-boundaries the project is located.
4613-(Source: P.A. 103-570, eff. 1-1-24.)
4614-(630 ILCS 5/19)
4615-Sec. 19. Unsolicited proposals.
4616-(a) A transportation agency responsible public entity may
4617-receive unsolicited proposals for a project and may thereafter
4618-enter into a public-private agreement with a private entity,
4619-or a consortium of private entities, for the design,
4620-construction, upgrading, operating, ownership, or financing of
4621-facilities.
4622-(b) A transportation agency responsible public entity may
4623-consider, evaluate, and accept an unsolicited proposal for a
4624-
4625-
4626-public-private partnership project from a private entity if
4627-the proposal:
4628-(1) is independently developed and drafted by the
4629-proposer without transportation agency responsible public
4630-entity supervision;
4631-(2) shows that the proposed project could benefit the
4632-transportation system;
4633-(3) includes a financing plan to allow the project to
4634-move forward pursuant to the applicable transportation
4635-agency's responsible public entity's budget and finance
4636-requirements; and
4637-(4) includes sufficient detail and information for the
4638-transportation agency responsible public entity to
4639-evaluate the proposal in an objective and timely manner
4640-and permit a determination that the project would be
4641-worthwhile.
4642-(c) The unsolicited proposal shall include the following:
4643-(1) an executive summary covering the major elements
4644-of the proposal;
4645-(2) qualifications concerning the experience,
4646-expertise, technical competence, and qualifications of the
4647-private entity and of each member of its management team
4648-and of other key employees, consultants, and
4649-subcontractors, including the name, address, and
4650-professional designation;
4651-(3) a project description, including, when applicable:
4652-
4653-
4654-(A) the limits, scope, and location of the
4655-proposed project;
4656-(B) right-of-way requirements;
4657-(C) connections with other facilities and
4658-improvements to those facilities necessary if the
4659-project is developed;
4660-(D) a conceptual project design; and
4661-(E) a statement of the project's relationship to
4662-and impact upon relevant existing plans of the
4663-transportation agency responsible public entity;
4664-(4) a facilities project schedule, including when
4665-applicable, estimates of:
4666-(A) dates of contract award;
4667-(B) start of construction;
4668-(C) completion of construction;
4669-(D) start of operations; and
4670-(E) major maintenance or reconstruction activities
4671-during the life of the proposed project agreement;
4672-(5) an operating plan describing the operation of the
4673-completed facility if operation of a facility is part of
4674-the proposal, describing the management structure and
4675-approach, the proposed period of operations, enforcement,
4676-emergency response, and other relevant information;
4677-(6) a finance plan describing the proposed financing
4678-of the project, identifying the source of funds to, where
4679-applicable, design, construct, maintain, and manage the
4680-
4681-
4682-project during the term of the proposed contract; and
4683-(7) the legal basis for the project and licenses and
4684-certifications; the private entity must demonstrate that
4685-it has all licenses and certificates necessary to complete
4686-the project.
4687-(c-5) A transportation agency shall develop rules for
4688-receiving, reviewing, and implementing unsolicited proposals
4689-as outlined in this Section. A transportation agency shall
4690-submit these rules for the First Notice period within one year
4691-after the effective date of this amendatory Act of the 103rd
4692-General Assembly. A transportation agency shall not receive
4693-unsolicited proposals until rules are adopted.
4694-(c-10) A transportation agency shall receive unsolicited
4695-proposals no more than every 2 years for a time frame of no
4696-more than 90 days.
4697-(c-15) A nonnegotiable proposal review fee of $25,000
4698-shall be required for an unsolicited proposal submitted under
4699-this Act. A proposal review fee that is submitted with a
4700-proposal for a project that is not an eligible project, or that
4701-the Department is not otherwise legally authorized to accept,
4702-shall be returned to the proposer. All other proposal review
4703-fees are nonrefundable.
4704-(d) Within 120 days after receiving an unsolicited
4705-proposal, the transportation agency responsible public entity
4706-shall complete a preliminary evaluation of the unsolicited
4707-proposal and shall either:
4708-
4709-
4710-(1) if the preliminary evaluation is unfavorable,
4711-return the proposal without further action;
4712-(2) if the preliminary evaluation is favorable, notify
4713-the proposer that the transportation agency responsible
4714-public entity will further evaluate the proposal; or
4715-(3) request amendments, clarification, or modification
4716-of the unsolicited proposal.
4717-(e) The procurement process for unsolicited proposals
4718-shall be as follows:
4719-(1) If the transportation agency responsible public
4720-entity chooses to further evaluate an unsolicited proposal
4721-with the intent to enter into a public-private agreement
4722-for the proposed project, then the transportation agency
4723-responsible public entity shall publish notice in its
4724-regular online publication for relevant procurements the
4725-Illinois Procurement Bulletin or in a newspaper of general
4726-circulation covering the location of the project at least
4727-once a week for 2 weeks stating that the transportation
4728-agency responsible public entity has received a proposal
4729-and will accept other proposals for the same project. The
4730-time frame within which the transportation agency
4731-responsible public entity may accept other proposals shall
4732-be determined by the transportation agency responsible
4733-public entity on a project-by-project basis based upon the
4734-complexity of the transportation project and the public
4735-benefit to be gained by allowing a longer or shorter
4736-
4737-
4738-period of time within which other proposals may be
4739-received; however, the time frame for allowing other
4740-proposals must be at least 21 days, but no more than 120
4741-days, after the initial date of publication.
4742-(2) A copy of the notice must be mailed to each local
4743-government directly affected by the transportation
4744-project.
4745-(3) The transportation agency responsible public
4746-entity shall provide reasonably sufficient information,
4747-including the identity of its contact person, to enable
4748-other private entities to make proposals.
4749-(4) If, after no less than 120 days, no
4750-counterproposal is received, or if the counterproposals
4751-are evaluated and found to be equal to or inferior to the
4752-original unsolicited proposal, the transportation agency
4753-responsible public entity may proceed to negotiate a
4754-contract with the original proposer.
4755-(5) If, after no less than 120 days, one or more
4756-counterproposals meeting unsolicited proposal standards
4757-are received, and if, in the opinion of the transportation
4758-agency responsible public entity, the counterproposals are
4759-evaluated and found to be superior to the original
4760-unsolicited proposal, the transportation agency
4761-responsible public entity shall proceed to determine the
4762-successful participant through a final procurement phase
4763-known as "Best and Final Offer" (BAFO). The BAFO is a
4764-
4765-
4766-process whereby a transportation agency responsible public
4767-entity shall invite the original private sector party and
4768-the proponent submitting the superior counterproposal to
4769-engage in a BAFO phase. The invitation to participate in
4770-the BAFO phase will provide to each participating
4771-proposer:
4772-(A) the general concepts that were considered
4773-superior to the original proposal, while keeping
4774-proprietary information contained in the proposals
4775-confidential to the extent possible; and
4776-(B) the preestablished evaluation criteria or the
4777-"basis of award" to be used to determine the
4778-successful proponent.
4779-(6) Offers received in response to the BAFO invitation
4780-will be reviewed by the transportation agency responsible
4781-public entity and scored in accordance with a
4782-preestablished criteria, or alternatively, in accordance
4783-with the basis of award provision identified through the
4784-BAFO process. The successful proponent will be the
4785-proponent offering "best value" to the transportation
4786-agency responsible public entity.
4787-(7) In all cases, the basis of award will be the best
4788-value to the transportation agency responsible public
4789-entity, as determined by the transportation agency
4790-responsible public entity.
4791-(f) After a comprehensive evaluation and acceptance of an
4792-
4793-
4794-unsolicited proposal and any alternatives, the transportation
4795-agency must provide public notice of the proposal to members
4796-of impacted communities meeting the following criteria:
4797-responsible public entity
4798-(1) Public notice shall be meaningful, timely, and
4799-effective public notice of a proposal to members of
4800-impacted communities, accounting for linguistic needs and
4801-other relevant characteristics, and provide meaningful
4802-opportunity for public comment on a proposal.
4803-(2) The public notice and project application shall be
4804-translated into non-English languages in impacted
4805-communities where a language other than English is widely
4806-spoken.
4807-(3) The notice must, at a minimum, include all of the
4808-following:
4809-(A) the name of the applicant;
4810-(B) the location of the use;
4811-(C) a brief description of the use and its
4812-impacts; and
4813-(D) a link to a website where the application and
4814-more detailed information on the use and its impacts
4815-can be found.
4816-(4) The notice shall be written at a third or fourth
4817-grade reading level to ensure ease of understanding for
4818-all members of the public.
4819-(f-5) The transportation agency shall provide an
4820-
4821-
4822-opportunity for public comment, which must, at a minimum,
4823-include one public meeting within an impacted community. The
4824-notice of a public meeting required under this subsection must
4825-include:
4826-(1) the date, time, and location of the public meeting
4827-required under this Section;
4828-(2) the date and time of all public meetings regarding
4829-the project;
4830-(3) where to access the project description required
4831-under paragraph (3) of subsection (c), if applicable;
4832-(4) the expected location of the project associated
4833-construction duration; and
4834-(5) a non-English version of the notice if 10% or more
4835-of the local population speaks a primary language other
4836-than English, which shall reflect the prevalent languages
4837-of the non-English speaking residents in that area.
4838-The public meeting is subject to the following rules:
4839-(1) The public meeting must begin after 5:00 p.m. and
4840-be located at a venue that is in a location within an
4841-impacted equity investment community and easily accessible
4842-to residents of other impacted equity investment eligible
4843-communities.
4844-(2) The public meeting must be at a venue that is
4845-accessible to persons with disabilities and the owner or
4846-operator of the venue must provide reasonable
4847-accommodations, as defined in the Americans with
4848-
4849-
4850-Disabilities Act, upon request.
4851-(3) The transportation agency must provide translation
4852-services during a public meeting if a proposed project is
4853-located in an area in which 10% or more of the local
4854-population speaks a primary language other than English,
4855-if requested by a non-English speaking member of the
4856-public.
4857-During a public meeting, a proposer must:
4858-(1) present the schedule and process for the project;
4859-(2) include a question-and-answer portion of the
4860-meeting to allow the public to ask questions; and
4861-(3) ensure that representatives that speak on behalf
4862-of the contractor are qualified and knowledgeable on the
4863-subject matter to answer questions posed by the public.
4864-The transportation agency shall have a representative
4865-present at the public meeting who is familiar with the
4866-proposed project. The transportation agency must create a
4867-meeting summary, including issues raised by the public, and
4868-respond to all questions in writing no later than 14 days after
4869-the meeting. The transportation agency shall post the summary
4870-and responses to the transportation agency's publicly
4871-accessible website and advise the telephone, email, and text
4872-lists along with the meeting summary document. The
4873-transportation agency shall ensure that the public meeting is
4874-made available to watch and participate in a meaningful way
4875-online and recorded. The recording shall be made available on
4876-
4877-
4878-a publicly accessible website.
4879-After the public notice requirements are completed, the
4880-transportation agency may commence negotiations with a
4881-proposer, considering:
4882-(1) the proposal has received a favorable
4883-comprehensive evaluation;
4884-(2) the proposal is not duplicative of existing
4885-infrastructure project;
4886-(3) the alternative proposal does not closely resemble
4887-a pending competitive proposal for a public-private
4888-private partnership or other procurement;
4889-(4) the proposal demonstrates a unique method,
4890-approach, or concept;
4891-(5) facts and circumstances that preclude or warrant
4892-additional competition;
4893-(6) the availability of any funds, debts, or assets
4894-that the State will contribute to the project;
4895-(7) facts and circumstances demonstrating that the
4896-project will likely have a significant adverse impact on
4897-on State bond ratings; and
4898-(8) indemnifications included in the proposal.
4899-(Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)
4900-(630 ILCS 5/35)
4901-Sec. 35. Public-private agreements.
4902-(a) A responsible public entity may enter into
4903-
4904-
4905-public-private agreements as outlined in this Section. The
4906-transportation agency may receive unsolicited proposals to
4907-enter into public-private agreements as outlined in Section
4908-19.
4909-(a-5) (a) Unless undertaking actions otherwise permitted
4910-in an interim agreement entered into under Section 30 of this
4911-Act, before developing, financing, or operating the
4912-transportation project, the approved proposer shall enter into
4913-a public-private agreement with the responsible public entity
4914-transportation agency. Subject to the requirements of this
4915-Act, a public-private agreement may provide that the approved
4916-proposer, acting on behalf of the responsible public entity,
4917-is partially or entirely responsible for any combination of
4918-developing, financing, or operating the transportation project
4919-under terms set forth in the public-private agreement.
4920-(b) The public-private agreement may, as determined
4921-appropriate by the responsible public entity for the
4922-particular transportation project, provide for some or all of
4923-the following:
4924-(1) Development, financing, and operation of the
4925-transportation project under terms set forth in the
4926-public-private agreement, in any form as deemed
4927-appropriate by the responsible public entity, including,
4928-but not limited to, a long-term concession and lease, a
4929-design-bid-build agreement, a design-build agreement, a
4930-design-build-maintain agreement, a design-build-finance
4931-
4932-
4933-agreement, a design-build-operate-maintain agreement and a
4934-design-build-finance-operate-maintain agreement.
4935-(2) Delivery of performance and payment bonds or other
4936-performance security determined suitable by the
4937-responsible public entity, including letters of credit,
4938-United States bonds and notes, parent guaranties, and cash
4939-collateral, in connection with the development, financing,
4940-or operation of the transportation project, in the forms
4941-and amounts set forth in the public-private agreement or
4942-otherwise determined as satisfactory by the responsible
4943-public entity to protect the responsible public entity and
4944-payment bond beneficiaries who have a direct contractual
4945-relationship with the contractor or a subcontractor of the
4946-contractor to supply labor or material. The payment or
4947-performance bond or alternative form of performance
4948-security is not required for the portion of a
4949-public-private agreement that includes only design,
4950-planning, or financing services, the performance of
4951-preliminary studies, or the acquisition of real property.
4952-(3) Review of plans for any development or operation,
4953-or both, of the transportation project by the responsible
4954-public entity.
4955-(4) Inspection of any construction of or improvements
4956-to the transportation project by the responsible public
4957-entity or another entity designated by the responsible
4958-public entity or under the public-private agreement to
4959-
4960-
4961-ensure that the construction or improvements conform to
4962-the standards set forth in the public-private agreement or
4963-are otherwise acceptable to the responsible public entity.
4964-(5) Maintenance of:
4965-(A) one or more policies of public liability
4966-insurance (copies of which shall be filed with the
4967-responsible public entity accompanied by proofs of
4968-coverage); or
4969-(B) self-insurance;
4970-each in form and amount as set forth in the public-private
4971-agreement or otherwise satisfactory to the responsible
4972-public entity as reasonably sufficient to insure coverage
4973-of tort liability to the public and employees and to
4974-enable the continued operation of the transportation
4975-project.
4976-(6) Where operations are included within the
4977-contractor's obligations under the public-private
4978-agreement, monitoring of the maintenance practices of the
4979-contractor by the responsible public entity or another
4980-entity designated by the responsible public entity or
4981-under the public-private agreement and the taking of the
4982-actions the responsible public entity finds appropriate to
4983-ensure that the transportation project is properly
4984-maintained.
4985-(7) Reimbursement to be paid to the responsible public
4986-entity as set forth in the public-private agreement for
4987-
4988-
4989-services provided by the responsible public entity.
4990-(8) Filing of appropriate financial statements and
4991-reports as set forth in the public-private agreement or as
4992-otherwise in a form acceptable to the responsible public
4993-entity on a periodic basis.
4994-(9) Compensation or payments to the contractor.
4995-Compensation or payments may include any or a combination
4996-of the following:
4997-(A) a base fee and additional fee for project
4998-savings as the design-builder of a construction
4999-project;
5000-(B) a development fee, payable on a lump sum
5001-lump-sum basis, progress payment basis, time and
5002-materials basis, or another basis deemed appropriate
5003-by the responsible public entity;
5004-(C) an operations fee, payable on a lump sum
5005-lump-sum basis, time and material basis, periodic
5006-basis, or another basis deemed appropriate by the
5007-responsible public entity;
5008-(D) some or all of the revenues, if any, arising
5009-out of operation of the transportation project;
5010-(E) a maximum rate of return on investment or
5011-return on equity or a combination of the two;
5012-(F) in-kind services, materials, property,
5013-equipment, or other items;
5014-(G) compensation in the event of any termination;
5015-
5016-
5017-(H) availability payments or similar arrangements
5018-whereby payments are made to the contractor pursuant
5019-to the terms set forth in the public-private agreement
5020-or related agreements; or
5021-(I) other compensation set forth in the
5022-public-private agreement or otherwise deemed
5023-appropriate by the responsible public entity.
5024-(10) Compensation or payments to the responsible
5025-public entity, if any. Compensation or payments may
5026-include any or a combination of the following:
5027-(A) a concession or lease payment or other fee,
5028-which may be payable upfront or on a periodic basis or
5029-on another basis deemed appropriate by the responsible
5030-public entity;
5031-(B) sharing of revenues, if any, from the
5032-operation of the transportation project;
5033-(C) sharing of project savings from the
5034-construction of the transportation project;
5035-(D) payment for any services, materials,
5036-equipment, personnel, or other items provided by the
5037-responsible public entity to the contractor under the
5038-public-private agreement or in connection with the
5039-transportation project; or
5040-(E) other compensation set forth in the
5041-public-private agreement or otherwise deemed
5042-appropriate by the responsible public entity.
5043-
5044-
5045-(11) The date and terms of termination of the
5046-contractor's authority and duties under the public-private
5047-agreement and the circumstances under which the
5048-contractor's authority and duties may be terminated prior
5049-to that date.
5050-(12) Reversion of the transportation project to the
5051-responsible public entity at the termination or expiration
5052-of the public-private agreement.
5053-(13) Rights and remedies of the responsible public
5054-entity in the event that the contractor defaults or
5055-otherwise fails to comply with the terms of the
5056-public-private agreement.
5057-(14) Procedures for the selection of professional
5058-design firms and subcontractors for use by the responsible
5059-public entity or eligible county as an owner's
5060-representation services, which shall be include procedures
5061-consistent with the Architectural, Engineering, and Land
5062-Surveying Qualifications Based Selection Act for the
5063-selection of professional design firms and may include, in
5064-the discretion of the responsible public entity,
5065-procedures consistent with the low bid procurement
5066-procedures outlined in the Illinois Procurement Code for
5067-the selection of construction companies.
5068-(15) Other terms, conditions, and provisions that the
5069-responsible public entity believes are in the public
5070-interest.
5071-
5072-
5073-(c) The responsible public entity may fix and revise the
5074-amounts of user fees that a contractor may charge and collect
5075-for the use of any part of a transportation project in
5076-accordance with the public-private agreement. In fixing the
5077-amounts, the responsible public entity may establish maximum
5078-amounts for the user fees and may provide that the maximums and
5079-any increases or decreases of those maximums shall be based
5080-upon the indices, methodologies, or other factors the
5081-responsible public entity considers appropriate.
5082-(c-5) The Department may accept proposals subject to
5083-environmental review and the documentation of the
5084-environmental review. The environmental review and
5085-documentation of the environmental review shall at all times
5086-be conducted as directed by the Department, shall be subject
5087-to the oversight of the Department, and shall comply with all
5088-requirements of State and federal law, applicable federal
5089-regulations, and the National Environmental Policy Act (42
5090-U.S.C. 4321 et seq.), if applicable, including, but not
5091-limited to, the study of alternatives to the proposed project
5092-and any proposed alignments, procedural requirements, and the
5093-completion of any and all environmental documents required to
5094-be completed by the Department and any federal agency acting
5095-as a lead agency. All environmental mitigation commitments
5096-agreed to during the environmental review phase are required
5097-to be implemented during project implementation, or, as
5098-required, to ensure compliance is maintained with all
5099-
5100-
5101-applicable environmental laws and regulations.
5102-(d) A public-private agreement may:
5103-(1) authorize the imposition of tolls in any manner
5104-determined appropriate by the responsible public entity
5105-for the transportation project;
5106-(2) authorize the contractor to adjust the user fees
5107-for the use of the transportation project, so long as the
5108-amounts charged and collected by the contractor do not
5109-exceed the maximum amounts established by the responsible
5110-public entity under the public-private agreement;
5111-(3) provide that any adjustment by the contractor
5112-permitted under paragraph (2) of this subsection (d) may
5113-be based on the indices, methodologies, or other factors
5114-described in the public-private agreement or approved by
5115-the responsible public entity;
5116-(4) authorize the contractor to charge and collect
5117-user fees through methods, including, but not limited to,
5118-automatic vehicle identification systems, electronic toll
5119-collection systems, and, to the extent permitted by law,
5120-global positioning system-based, photo-based, or
5121-video-based toll collection enforcement, provided that to
5122-the maximum extent feasible the contractor will (i)
5123-utilize open road tolling methods that allow payment of
5124-tolls at highway speeds and (ii) comply with United States
5125-Department of Transportation requirements and best
5126-practices with respect to tolling methods; and
5127-
5128-
5129-(5) authorize the collection of user fees by a third
5130-party.
5131-(e) In the public-private agreement, the responsible
5132-public entity may agree to make grants or loans for the
5133-development or operation, or both, of the transportation
5134-project from time to time from amounts received from the
5135-federal government or any agency or instrumentality of the
5136-federal government or from any State or local agency.
5137-(f) Upon the termination or expiration of the
5138-public-private agreement, including a termination for default,
5139-the responsible public entity shall have the right to take
5140-over the transportation project and to succeed to all of the
5141-right, title, and interest in the transportation project. Upon
5142-termination or expiration of the public-private agreement
5143-relating to a transportation project undertaken by the
5144-Department, all real property acquired as a part of the
5145-transportation project shall be held in the name of the State
5146-of Illinois. Upon termination or expiration of the
5147-public-private agreement relating to a transportation project
5148-undertaken by the Authority, all real property acquired as a
5149-part of the transportation project shall be held in the name of
5150-the Authority.
5151-(g) If a responsible public entity elects to take over a
5152-transportation project as provided in subsection (f) of this
5153-Section, the responsible public entity may do the following:
5154-(1) develop, finance, or operate the project,
5155-
5156-
5157-including through a public-private agreement entered into
5158-in accordance with this Act; or
5159-(2) impose, collect, retain, and use user fees, if
5160-any, for the project.
5161-(h) If a responsible public entity elects to take over a
5162-transportation project as provided in subsection (f) of this
5163-Section, the responsible public entity may use the revenues,
5164-if any, for any lawful purpose, including to:
5165-(1) make payments to individuals or entities in
5166-connection with any financing of the transportation
5167-project, including through a public-private agreement
5168-entered into in accordance with this Act;
5169-(2) permit a contractor to receive some or all of the
5170-revenues under a public-private agreement entered into
5171-under this Act;
5172-(3) pay development costs of the project;
5173-(4) pay current operation costs of the project or
5174-facilities;
5175-(5) pay the contractor for any compensation or payment
5176-owing upon termination; and
5177-(6) pay for the development, financing, or operation
5178-of any other project or projects the responsible public
5179-entity deems appropriate.
5180-(i) The full faith and credit of the State or any political
5181-subdivision of the State or the responsible public entity is
5182-not pledged to secure any financing of the contractor by the
5183-
5184-
5185-election to take over the transportation project. Assumption
5186-of development or operation, or both, of the transportation
5187-project does not obligate the State or any political
5188-subdivision of the State or the responsible public entity to
5189-pay any obligation of the contractor.
5190-(j) The responsible public entity may enter into a
5191-public-private agreement with multiple approved proposers if
5192-the responsible public entity determines in writing that it is
5193-in the public interest to do so.
5194-(k) A public-private agreement shall not include any
5195-provision under which the responsible public entity agrees to
5196-restrict or to provide compensation to the private entity for
5197-the construction or operation of a competing transportation
5198-facility during the term of the public-private agreement.
5199-(l) With respect to a public-private agreement entered
5200-into by the Department, the Department shall certify in its
5201-State budget request to the Governor each year the amount
5202-required by the Department during the next State fiscal year
5203-to enable the Department to make any payment obligated to be
5204-made by the Department pursuant to that public-private
5205-agreement, and the Governor shall include that amount in the
5206-State budget submitted to the General Assembly.
5207-(Source: P.A. 103-570, eff. 1-1-24.)
5208-ARTICLE 99.
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33+1 The State construction agency shall, for each public
34+2 project or projects permitted under this Act, make a written
35+3 determination, including a description as to the particular
36+4 advantages of the progressive design-build procurement method,
37+5 that it is in the best interests of this State to enter into a
38+6 progressive design-build contract for the project or projects.
39+7 In making that determination, the following factors shall be
40+8 considered:
41+9 (1) The probability that the progressive design-build
42+10 procurement method will be in the best interests of the
43+11 State by providing a material savings of time or cost over
44+12 the design-bid-build or other delivery system.
45+13 (2) The type and size of the project and its
46+14 suitability to the progressive design-build procurement
47+15 method.
48+16 (3) The ability of the State construction agency to
49+17 define and provide comprehensive scope and performance
50+18 criteria for the project.
51+19 No State construction agency may use the progressive
52+20 design-build procurement method unless the agency determines
53+21 in writing that the project will comply with the disadvantaged
54+22 business and equal employment practices of the State as
55+23 established in the Business Enterprise for Minorities, Women,
56+24 and Persons with Disabilities Act and Section 2-105 of the
57+25 Illinois Human Rights Act.
58+26 The State construction agency shall within 15 days after
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69+1 the initial determination provide an advisory copy to the
70+2 Procurement Policy Board and maintain the full record of
71+3 determination for 5 years.
72+4 Section 1-10. Definitions. As used in this Act:
73+5 "Chief procurement office" means the offices to which the
74+6 chief procurement officers are appointed pursuant to Section
75+7 10-20 of the Illinois Procurement Code.
76+8 "Delivery system" means the design and construction
77+9 approach used to develop and construct a project.
78+10 "Design-bid-build" means the traditional delivery system
79+11 used on public projects in this State that incorporates the
80+12 Architectural, Engineering, and Land Surveying Qualifications
81+13 Based Selection Act and the principles of competitive
82+14 selection in the Illinois Procurement Code.
83+15 "Design professional" means any individual, sole
84+16 proprietorship, firm, partnership, joint venture, corporation,
85+17 professional corporation, or other entity that offers services
86+18 under the Illinois Architecture Practice Act of 1989, the
87+19 Professional Engineering Practice Act of 1989, the Structural
88+20 Engineering Practice Act of 1989, or the Illinois Professional
89+21 Land Surveyor Act of 1989.
90+22 "Evaluation criteria" means the requirements for the
91+23 selection process as defined in this Act and may include the
92+24 specialized experience, technical qualifications and
93+25 competence, capacity to perform, past performance, experience
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104+1 with similar projects, assignment of personnel to the project,
105+2 and other appropriate factors. Price may not be used as a
106+3 factor in the evaluation of progressive design-build.
107+4 "Progressive design-build" means a project delivery
108+5 process in which both the design and construction of a project
109+6 are procured from a single entity that is selected through a
110+7 qualifications-based selection at the earliest feasible stage
111+8 of the project.
112+9 "Progressive design-build contract" means a contract for a
113+10 public project under this Act between the State construction
114+11 agency and a progressive design-build entity to furnish
115+12 architecture, engineering, land surveying, and related
116+13 services as required, and to furnish the labor, materials,
117+14 equipment, and other construction services for the project. A
118+15 progressive design-build contract may be conditioned upon
119+16 subsequent refinements in scope and price and may allow the
120+17 State construction agency to make modifications in the project
121+18 scope without invalidating the progressive design-build
122+19 contract.
123+20 "Progressive design-build entity" means any individual,
124+21 sole proprietorship, firm, partnership, joint venture,
125+22 corporation, professional corporation, or other entity that
126+23 proposes to design and construct any public project under this
127+24 Act. A progressive design-build entity and associated
128+25 progressive design-build professionals shall conduct
129+26 themselves in accordance with the laws of this State and the
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140+1 related provisions of the Illinois Administrative Code, as
141+2 referenced by the licensed design professionals Acts of this
142+3 State.
143+4 "Qualification" means a statement of qualifications
144+5 submitted by a proposer in response to a request for
145+6 qualifications.
146+7 "Request for qualifications" means a document issued by
147+8 the State construction agency to solicit qualifications from
148+9 proposers in accordance with the progressive design-build
149+10 project delivery method.
150+11 "Scope and performance criteria" means the requirements
151+12 for the public project, including, but not limited to, the
152+13 intended usage, capacity, size, scope, quality and performance
153+14 standards, and other programmatic criteria that are expressed
154+15 in performance-oriented requirements that can be reasonably
155+16 inferred and are suited to allow a progressive design-build
156+17 entity to develop a proposal.
157+18 "State construction agency" means the Capital Development
158+19 Board.
159+20 Section 1-15. Requests for qualifications.
160+21 (a) When the State construction agency elects to use the
161+22 progressive design-build delivery method, it must issue a
162+23 notice of intent to receive requests for qualifications for
163+24 the project at least 14 days before issuing the request for
164+25 qualifications. The State construction agency must publish the
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175+1 advance notice in the official procurement bulletin of the
176+2 State or the professional services bulletin of the State
177+3 construction agency, if any. The agency is encouraged to use
178+4 publication of the notice in related construction industry
179+5 service publications. A brief description of the proposed
180+6 procurement must be included in the notice. The State
181+7 construction agency must provide a copy of the request for
182+8 qualifications to any party requesting a copy.
183+9 (b) The request for qualifications shall be prepared for
184+10 each project and must contain, without limitation, the
185+11 following information:
186+12 (1) The name of the State construction agency.
187+13 (2) A preliminary schedule for the completion of the
188+14 contract.
189+15 (3) The proposed budget for the project, the source of
190+16 funds, and the currently available funds at the time the
191+17 request for qualifications is submitted.
192+18 (4) Prequalification criteria for progressive
193+19 design-build entities wishing to submit proposals. The
194+20 State construction agency shall include, at a minimum, its
195+21 normal prequalification, licensing, registration, and
196+22 other requirements, but nothing contained herein precludes
197+23 the use of additional prequalification criteria by the
198+24 State construction agency.
199+25 (5) Material requirements of the contract, including,
200+26 but not limited to, the proposed terms and conditions,
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211+1 required performance and payment bonds, insurance, and the
212+2 entity's plan to comply with the utilization goals for
213+3 business enterprises established in the Business
214+4 Enterprise for Minorities, Women, and Persons with
215+5 Disabilities Act, and with Section 2-105 of the Illinois
216+6 Human Rights Act.
217+7 (6) The performance criteria.
218+8 (7) The evaluation criteria for the solicitation.
219+9 (c) The State construction agency may include any other
220+10 relevant information that it chooses to supply. The
221+11 progressive design-build entity shall be entitled to rely upon
222+12 the accuracy of this documentation in the development of its
223+13 qualifications.
224+14 (d) The date that qualifications are due must be at least
225+15 21 calendar days after the date of the issuance of the request
226+16 for qualifications. In the event the cost of the project is
227+17 estimated to exceed $10,000,000, then the qualifications due
228+18 date must be at least 28 calendar days after the date of the
229+19 issuance of the request for qualifications.
230+20 Section 1-20. Development of scope and performance
231+21 criteria. The State construction agency shall develop a
232+22 request for qualifications, which shall include preliminary
233+23 scopes, descriptions of the areas of technical expertise
234+24 needed, and requirements for experience. The request must be
235+25 in sufficient detail and contain adequate information to
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246+1 reasonably apprise the qualified progressive design-build
247+2 entities of the State construction agency's overall
248+3 programmatic needs and goals, including criteria, general
249+4 budget parameters, schedule, and delivery requirements.
250+5 Section 1-25. Selection committee.
251+6 (a) When the State construction agency elects to use the
252+7 progressive design-build delivery method, it shall establish a
253+8 committee to evaluate and select the progressive design-build
254+9 entity. The committee, under the discretion of the State
255+10 construction agency, shall consist of at least 5 but no more
256+11 than 7 members and shall include at least one licensed design
257+12 professional and 2 members of the public. Public members may
258+13 not be employed or associated with any firm holding a contract
259+14 with the State construction agency. Within 30 days of
260+15 receiving notice, one public member shall be nominated by
261+16 associations representing the general design or construction
262+17 industry and one member shall be nominated by associations
263+18 that represent minority or woman-owned design or construction
264+19 industry businesses. If either group fails to nominate a
265+20 suitable candidate within the 30-day period, the State
266+21 construction agency shall nominate an appropriate public
267+22 member.
268+23 (b) The members of the selection committee must certify
269+24 for each request for qualifications that no conflict of
270+25 interest exists between the members and the progressive
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281+1 design-build entities submitting qualifications.
282+2 If a conflict is discovered before qualifications are
283+3 reviewed, the member must be replaced before any review of
284+4 qualifications. If a conflict is discovered after
285+5 qualifications are reviewed, the member with the conflict
286+6 shall be removed and the committee may continue with only one
287+7 public member.
288+8 If at least 5 members remain, the remaining committee
289+9 members may complete the selection process.
290+10 Section 1-30. Procedures for selection.
291+11 (a) The State construction agency must use a 2-phase
292+12 procedure for the selection of the successful progressive
293+13 design-build entity. Phase I of the procedure will evaluate
294+14 and shortlist for interviews the progressive design-build
295+15 entities based on qualifications, and Phase II will evaluate
296+16 shortlisted teams based on scoring of specific criteria
297+17 addressed in their presentations and interviews.
298+18 (b) The State construction agency shall include in the
299+19 request for qualifications the evaluating factors to be used
300+20 in Phase I. These factors are in addition to any
301+21 prequalification requirements of progressive design-build
302+22 entities that the agency has set forth. Each request for
303+23 qualifications shall establish the relative importance
304+24 assigned to each evaluation factor and subfactor, including
305+25 any weighting of criteria to be employed by the State
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316+1 construction agency. The State construction agency must
317+2 maintain a record of the evaluation scoring to be disclosed in
318+3 event of a protest regarding the solicitation.
319+4 The State construction agency shall include the following
320+5 criteria in every Phase I evaluation of progressive
321+6 design-build entities: (1) experience of personnel; (2)
322+7 successful experience with similar project types; (3)
323+8 financial capability; (4) timeliness of past performance; (5)
324+9 experience with similarly sized projects; (6) successful
325+10 reference checks of the firm; (7) commitment to assign
326+11 personnel for the duration of the project and qualifications
327+12 of the entity's consultants; and (8) ability or past
328+13 performance in meeting or exhausting good faith efforts to
329+14 meet the utilization goals for business enterprises
330+15 established in the Business Enterprise for Minorities, Women,
331+16 and Persons with Disabilities Act and with Section 2-105 of
332+17 the Illinois Human Rights Act. The State construction agency
333+18 may include any additional relevant criteria in Phase I that
334+19 it deems necessary for a proper qualification review.
335+20 The State construction agency may not consider any
336+21 progressive design-build entity for evaluation or award if the
337+22 entity has any pecuniary interest in the project or has other
338+23 relationships or circumstances, including, but not limited to,
339+24 long-term leasehold, mutual performance, or development
340+25 contracts with the State construction agency, that may give
341+26 the progressive design-build entity a financial or tangible
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352+1 advantage over other progressive design-build entities in the
353+2 preparation, evaluation, or performance of the progressive
354+3 design-build contract or that create the appearance of
355+4 impropriety. No proposal shall be considered that does not
356+5 include an entity's plan to comply with the requirements
357+6 established in the Business Enterprise for Minorities, Women,
358+7 and Persons with Disabilities Act, for both the design and
359+8 construction areas of performance, and with Section 2-105 of
360+9 the Illinois Human Rights Act.
361+10 Upon completion of the qualifications evaluation, the
362+11 State construction agency shall create a shortlist of the most
363+12 highly qualified progressive design-build entities. The State
364+13 construction agency, in its discretion, is not required to
365+14 shortlist the maximum number of entities as identified for
366+15 Phase II evaluation, provided however, no less than 2
367+16 progressive design-build entities nor more than 6 are selected
368+17 to present to the selection committee in an interview.
369+18 The State construction agency shall notify the entities
370+19 selected for the shortlist in writing. This notification shall
371+20 commence the period for the preparation for presentations and
372+21 interviews. The State construction agency must allow
373+22 sufficient time, no less than 28 calendar days, for the
374+23 shortlist entities to prepare their presentations.
375+24 (c) The State construction agency shall include in the
376+25 project advertisement the evaluating factors to be used in the
377+26 presentations and interviews. Each request for qualifications
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388+1 shall establish the relative importance assigned to each
389+2 evaluation factor and subfactor, including any weighting of
390+3 criteria to be employed by the State construction agency. The
391+4 State construction agency must maintain a record of the
392+5 evaluation scoring to be disclosed in event of a protest
393+6 regarding the solicitation.
394+7 The State construction agency shall include the following
395+8 criteria in every Phase II evaluation of progressive
396+9 design-build entities: (1) experience with successful
397+10 completion of similar projects; (2) the design team's approach
398+11 to program analysis and schematic design; (3) record of budget
399+12 adherence on recently completed projects; (4) demonstration of
400+13 past innovation in meeting the scope and performance criteria
401+14 on past design-build projects; (5) completeness of the overall
402+15 project team; (6) collaborative experience of the team
403+16 members; and (7) their plan for achieving project goals for
404+17 participation. The State construction agency may include any
405+18 additional relevant technical evaluation factors it deems
406+19 necessary for proper selection.
407+20 Upon completion of the evaluation, the State construction
408+21 agency may award the progressive design-build contract to the
409+22 highest overall ranked entity. After qualifications have been
410+23 submitted, a progressive design-build entity shall not
411+24 replace, remove, or otherwise modify any firm identified as a
412+25 member of the proposer team unless authorized to do so by the
413+26 State construction agency.
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424+1 Section 1-40. Submission of qualifications. Qualifications
425+2 must be properly identified and sealed. Qualifications may not
426+3 be reviewed until after the deadline for submission has passed
427+4 as set forth in the request for qualifications. All
428+5 progressive design-build entities submitting qualifications
429+6 shall be disclosed after the deadline for submission, and all
430+7 progressive design-build entities who are shortlisted for
431+8 interviews shall also be disclosed at the time of that
432+9 determination.
433+10 Qualifications shall include representative projects to
434+11 demonstrate past experience of the team members on similar
435+12 progressive design-build projects. Qualifications shall
436+13 include a list of all design professionals and other entities
437+14 as defined in Section 30-30 of the Illinois Procurement Code
438+15 to which any work may be subcontracted during the performance
439+16 of the contract. Any entity that will perform any of the 5
440+17 subdivisions of work defined in Section 30-30 of the Illinois
441+18 Procurement Code must meet prequalification standards of the
442+19 State construction agency.
443+20 Qualifications must meet all material requirements of the
444+21 request for qualifications, or they may be rejected as
445+22 nonresponsive. The State construction agency shall have the
446+23 right to reject any and all qualifications.
447+24 The State construction agency shall review the
448+25 qualifications for compliance with the performance criteria
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459+1 and evaluation factors.
460+2 Qualifications may be withdrawn prior to evaluation for
461+3 any cause. After evaluation begins by the State construction
462+4 agency, clear and convincing evidence of error is required for
463+5 withdrawal.
464+6 Section 1-45. Award. The State construction agency may
465+7 award the contract to the highest overall ranked entity.
466+8 Notice of award shall be made in writing. Unsuccessful
467+9 entities shall also be notified in writing. The State
468+10 construction agency may not request a best and final offer
469+11 after the receipt of qualifications. The State construction
470+12 agency may negotiate with the selected progressive
471+13 design-build entity after award but prior to contract
472+14 execution for the purpose of securing better terms than
473+15 originally proposed, provided that the salient features of the
474+16 request for qualifications are not diminished.
475+17 Section 1-50. Labor.
476+18 (a) A contract or agreement under this Act shall require
477+19 the progressive design-build entity, or the construction
478+20 manager or general contractor of the progressive design-build
479+21 entity, and all subcontractors of the progressive design-build
480+22 entity to comply with Section 30-22 of the Illinois
481+23 Procurement Code as it applies to responsible bidders and to
482+24 present satisfactory evidence of that compliance to the State
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493+1 construction agency.
494+2 (b) A contract or agreement under this Act shall require
495+3 the progressive design-build entity or the construction
496+4 manager or general contractor of the progressive design-build
497+5 entity to enter into a project labor agreement used by the
498+6 State construction agency.
499+7 (c) This Section does not apply to construction-related
500+8 professional services. As used in this Section, "professional
501+9 services" means those services within the scope of the
502+10 practice of architecture, professional engineering, structural
503+11 engineering, or registered land surveying, as defined by the
504+12 laws of this State.
505+13 Section 1-55. Transition to design-bid-build. At the
506+14 completion of design development, the progressive design-build
507+15 entity must provide a firm fixed price. The State construction
508+16 agency reserves the right to transition the project to the
509+17 design-bid-build method if the fixed price exceeds the project
510+18 budget, the progressive design-build entity's proposed
511+19 schedule is unreasonable, or if transitioning to the
512+20 design-bid-build method is in the best interests of the State.
513+21 Section 1-60. Reports and evaluation. At the end of every
514+22 6-month period following the contract award, and again prior
515+23 to final contract payout and closure, a selected progressive
516+24 design-build entity shall detail, in a written report
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527+1 submitted to the State agency, its efforts and success in
528+2 implementing the entity's plan to comply with the utilization
529+3 goals for business enterprises established in the Business
530+4 Enterprise for Minorities, Women, and Persons with
531+5 Disabilities Act and the provisions of Section 2-105 of the
532+6 Illinois Human Rights Act. If the entity's performance in
533+7 implementing the plan falls short of the performance measures
534+8 and outcomes set forth in the plans submitted by the entity
535+9 during the qualifications process, the entity shall, in a
536+10 detailed written report, inform the General Assembly and the
537+11 Governor whether and to what degree each progressive
538+12 design-build contract authorized under this Act promoted the
539+13 utilization goals for business enterprises established in the
540+14 Business Enterprise for Minorities, Women, and Persons with
541+15 Disabilities Act and the provisions of Section 2-105 of the
542+16 Illinois Human Rights Act.
543+17 Section 1-65. Federal requirements. In the procurement of
544+18 progressive design-build contracts, the State construction
545+19 agency shall comply with federal law and regulations and take
546+20 all necessary steps to adapt their rules, policies, and
547+21 procedures to remain eligible for federal aid.
548+22 Section 1-70. Capital Development Board consultation. The
549+23 Capital Development Board shall consult with the applicable
550+24 chief procurement office to determine which procedures to
551+
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560+ HB5511 Enrolled - 17 - LRB103 38791 MXP 68928 b
561+1 adopt and apply to the progressive design-build project
562+2 delivery method in order to ensure an open, transparent, and
563+3 efficient process that accomplishes the purposes of this Act.
564+4 Section 1-75. Repeal. This Act is repealed on January 1,
565+5 2027.
566+6 ARTICLE 2.
567+7 Section 2-5. The Illinois Procurement Code is amended by
568+8 changing Sections 1-13, 10-20, 20-20, and 20-60 and by adding
569+9 Sections 20-180, 30-17, and 50-57 as follows:
570+10 (30 ILCS 500/1-13)
571+11 Sec. 1-13. Applicability to public institutions of higher
572+12 education.
573+13 (a) This Code shall apply to public institutions of higher
574+14 education, regardless of the source of the funds with which
575+15 contracts are paid, except as provided in this Section.
576+16 (b) Except as provided in this Section, this Code shall
577+17 not apply to procurements made by or on behalf of public
578+18 institutions of higher education for any of the following:
579+19 (1) Memberships in professional, academic, research,
580+20 or athletic organizations on behalf of a public
581+21 institution of higher education, an employee of a public
582+22 institution of higher education, or a student at a public
583+
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592+ HB5511 Enrolled - 18 - LRB103 38791 MXP 68928 b
593+1 institution of higher education.
594+2 (2) Procurement expenditures for events or activities
595+3 paid for exclusively by revenues generated by the event or
596+4 activity, gifts or donations for the event or activity,
597+5 private grants, or any combination thereof.
598+6 (3) Procurement expenditures for events or activities
599+7 for which the use of specific potential contractors is
600+8 mandated or identified by the sponsor of the event or
601+9 activity, provided that the sponsor is providing a
602+10 majority of the funding for the event or activity.
603+11 (4) Procurement expenditures necessary to provide
604+12 athletic, artistic or musical services, performances,
605+13 events, or productions by or for a public institution of
606+14 higher education.
607+15 (5) Procurement expenditures for periodicals, books,
608+16 subscriptions, database licenses, and other publications
609+17 procured for use by a university library or academic
610+18 department, except for expenditures related to procuring
611+19 textbooks for student use or materials for resale or
612+20 rental.
613+21 (6) Procurement expenditures for placement of students
614+22 in externships, practicums, field experiences, and for
615+23 medical residencies and rotations.
616+24 (7) Contracts for programming and broadcast license
617+25 rights for university-operated radio and television
618+26 stations.
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628+ HB5511 Enrolled - 19 - LRB103 38791 MXP 68928 b
629+1 (8) Procurement expenditures necessary to perform
630+2 sponsored research and other sponsored activities under
631+3 grants and contracts funded by the sponsor or by sources
632+4 other than State appropriations.
633+5 (9) Contracts with a foreign entity for research or
634+6 educational activities, provided that the foreign entity
635+7 either does not maintain an office in the United States or
636+8 is the sole source of the service or product.
637+9 (10) Procurement expenditures for any ongoing software
638+10 license or maintenance agreement or competitively
639+11 solicited software purchase, when the software, license,
640+12 or maintenance agreement is available through only the
641+13 software creator or its manufacturer and not a reseller.
642+14 (11) Procurement expenditures incurred outside of the
643+15 United States for the recruitment of international
644+16 students.
645+17 (12) Procurement expenditures for contracts entered
646+18 into under the Public University Energy Conservation Act.
647+19 (13) Procurement expenditures for advertising
648+20 purchased directly from a media station or the owner of
649+21 the station for distribution of advertising.
650+22 Notice of each contract with an annual value of more than
651+23 $100,000 entered into by a public institution of higher
652+24 education that is related to the procurement of goods and
653+25 services identified in items (1) through (13) of this
654+26 subsection shall be published in the Procurement Bulletin
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656+
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665+1 within 14 calendar days after contract execution. The Chief
666+2 Procurement Officer shall prescribe the form and content of
667+3 the notice. Each public institution of higher education shall
668+4 provide the Chief Procurement Officer, on a monthly basis, in
669+5 the form and content prescribed by the Chief Procurement
670+6 Officer, a report of contracts that are related to the
671+7 procurement of goods and services identified in this
672+8 subsection. At a minimum, this report shall include the name
673+9 of the contractor, a description of the supply or service
674+10 provided, the total amount of the contract, the term of the
675+11 contract, and the exception to the Code utilized. A copy of any
676+12 or all of these contracts shall be made available to the Chief
677+13 Procurement Officer immediately upon request. The Chief
678+14 Procurement Officer shall submit a report to the Governor and
679+15 General Assembly no later than November 1 of each year that
680+16 shall include, at a minimum, an annual summary of the monthly
681+17 information reported to the Chief Procurement Officer.
682+18 (b-5) Except as provided in this subsection, the
683+19 provisions of this Code shall not apply to contracts for
684+20 medical supplies or to contracts for medical services
685+21 necessary for the delivery of care and treatment at medical,
686+22 dental, pharmaceutical, or veterinary teaching facilities used
687+23 by Southern Illinois University or the University of Illinois
688+24 or at any university-operated health care center or dispensary
689+25 that provides care, treatment, and medications for students,
690+26 faculty, and staff. Furthermore, the provisions of this Code
691+
692+
693+
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701+1 do not apply to the procurement by such a facility of any
702+2 additional supplies or services that the operator of the
703+3 facility deems necessary for the effective use and functioning
704+4 of the medical supplies or services that are otherwise exempt
705+5 from this Code under this subsection (b-5), including, but not
706+6 limited to, procurements necessary for compliance and
707+7 management of federal programs. However, other supplies and
708+8 services needed for these teaching facilities shall be subject
709+9 to the jurisdiction of the Chief Procurement Officer for
710+10 Public Institutions of Higher Education who may establish
711+11 expedited procurement procedures and may waive or modify
712+12 certification, contract, hearing, process and registration
713+13 requirements required by this the Code. All procurements made
714+14 under this subsection shall be documented and may require
715+15 publication in the Illinois Procurement Bulletin.
716+16 (b-10) Procurements made by or on behalf of the University
717+17 of Illinois for investment services may be entered into or
718+18 renewed without being subject to the requirements of this
719+19 Code. Notice of intent to renew a contract shall be published
720+20 in the Illinois Public Higher Education Procurement Bulletin
721+21 at least 14 days prior to the execution of a renewal, and the
722+22 University of Illinois shall hold a public hearing for
723+23 interested parties to provide public comment. Any contract
724+24 extended, renewed, or entered pursuant to this exception shall
725+25 be published in the Illinois Public Higher Education
726+26 Procurement Bulletin within 5 days of contract execution.
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737+1 (c) Procurements made by or on behalf of public
738+2 institutions of higher education for the fulfillment of a
739+3 grant shall be made in accordance with the requirements of
740+4 this Code to the extent practical.
741+5 Upon the written request of a public institution of higher
742+6 education, the Chief Procurement Officer may waive contract,
743+7 registration, certification, and hearing requirements of this
744+8 Code if, based on the item to be procured or the terms of a
745+9 grant, compliance is impractical. The public institution of
746+10 higher education shall provide the Chief Procurement Officer
747+11 with specific reasons for the waiver, including the necessity
748+12 of contracting with a particular potential contractor, and
749+13 shall certify that an effort was made in good faith to comply
750+14 with the provisions of this Code. The Chief Procurement
751+15 Officer shall provide written justification for any waivers.
752+16 By November 1 of each year, the Chief Procurement Officer
753+17 shall file a report with the General Assembly identifying each
754+18 contract approved with waivers and providing the justification
755+19 given for any waivers for each of those contracts. Notice of
756+20 each waiver made under this subsection shall be published in
757+21 the Procurement Bulletin within 14 calendar days after
758+22 contract execution. The Chief Procurement Officer shall
759+23 prescribe the form and content of the notice.
760+24 (d) Notwithstanding this Section, a waiver of the
761+25 registration requirements of Section 20-160 does not permit a
762+26 business entity and any affiliated entities or affiliated
763+
764+
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773+1 persons to make campaign contributions if otherwise prohibited
774+2 by Section 50-37. The total amount of contracts awarded in
775+3 accordance with this Section shall be included in determining
776+4 the aggregate amount of contracts or pending bids of a
777+5 business entity and any affiliated entities or affiliated
778+6 persons.
779+7 (e) Notwithstanding subsection (e) of Section 50-10.5 of
780+8 this Code, the Chief Procurement Officer, with the approval of
781+9 the Executive Ethics Commission, may permit a public
782+10 institution of higher education to accept a bid or enter into a
783+11 contract with a business that assisted the public institution
784+12 of higher education in determining whether there is a need for
785+13 a contract or assisted in reviewing, drafting, or preparing
786+14 documents related to a bid or contract, provided that the bid
787+15 or contract is essential to research administered by the
788+16 public institution of higher education and it is in the best
789+17 interest of the public institution of higher education to
790+18 accept the bid or contract. For purposes of this subsection,
791+19 "business" includes all individuals with whom a business is
792+20 affiliated, including, but not limited to, any officer, agent,
793+21 employee, consultant, independent contractor, director,
794+22 partner, manager, or shareholder of a business. The Executive
795+23 Ethics Commission may promulgate rules and regulations for the
796+24 implementation and administration of the provisions of this
797+25 subsection (e).
798+26 (f) As used in this Section:
799+
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808+ HB5511 Enrolled - 24 - LRB103 38791 MXP 68928 b
809+1 "Grant" means non-appropriated funding provided by a
810+2 federal or private entity to support a project or program
811+3 administered by a public institution of higher education and
812+4 any non-appropriated funding provided to a sub-recipient of
813+5 the grant.
814+6 "Public institution of higher education" means Chicago
815+7 State University, Eastern Illinois University, Governors State
816+8 University, Illinois State University, Northeastern Illinois
817+9 University, Northern Illinois University, Southern Illinois
818+10 University, University of Illinois, Western Illinois
819+11 University, and, for purposes of this Code only, the Illinois
820+12 Mathematics and Science Academy.
821+13 (g) (Blank).
822+14 (h) The General Assembly finds and declares that:
823+15 (1) Public Act 98-1076, which took effect on January
824+16 1, 2015, changed the repeal date set for this Section from
825+17 December 31, 2014 to December 31, 2016.
826+18 (2) The Statute on Statutes sets forth general rules
827+19 on the repeal of statutes and the construction of multiple
828+20 amendments, but Section 1 of that Act also states that
829+21 these rules will not be observed when the result would be
830+22 "inconsistent with the manifest intent of the General
831+23 Assembly or repugnant to the context of the statute".
832+24 (3) This amendatory Act of the 100th General Assembly
833+25 manifests the intention of the General Assembly to remove
834+26 the repeal of this Section.
835+
836+
837+
838+
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844+ HB5511 Enrolled - 25 - LRB103 38791 MXP 68928 b
845+1 (4) This Section was originally enacted to protect,
846+2 promote, and preserve the general welfare. Any
847+3 construction of this Section that results in the repeal of
848+4 this Section on December 31, 2014 would be inconsistent
849+5 with the manifest intent of the General Assembly and
850+6 repugnant to the context of this Code.
851+7 It is hereby declared to have been the intent of the
852+8 General Assembly that this Section not be subject to repeal on
853+9 December 31, 2014.
854+10 This Section shall be deemed to have been in continuous
855+11 effect since December 20, 2011 (the effective date of Public
856+12 Act 97-643), and it shall continue to be in effect
857+13 henceforward until it is otherwise lawfully repealed. All
858+14 previously enacted amendments to this Section taking effect on
859+15 or after December 31, 2014, are hereby validated.
860+16 All actions taken in reliance on or pursuant to this
861+17 Section by any public institution of higher education, person,
862+18 or entity are hereby validated.
863+19 In order to ensure the continuing effectiveness of this
864+20 Section, it is set forth in full and re-enacted by this
865+21 amendatory Act of the 100th General Assembly. This
866+22 re-enactment is intended as a continuation of this Section. It
867+23 is not intended to supersede any amendment to this Section
868+24 that is enacted by the 100th General Assembly.
869+25 In this amendatory Act of the 100th General Assembly, the
870+26 base text of the reenacted Section is set forth as amended by
871+
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880+ HB5511 Enrolled - 26 - LRB103 38791 MXP 68928 b
881+1 Public Act 98-1076. Striking and underscoring is used only to
882+2 show changes being made to the base text.
883+3 This Section applies to all procurements made on or before
884+4 the effective date of this amendatory Act of the 100th General
885+5 Assembly.
886+6 (Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22;
887+7 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)
888+8 (30 ILCS 500/10-20)
889+9 Sec. 10-20. Independent chief procurement officers.
890+10 (a) Appointment. Within 60 calendar days after July 1,
891+11 2010 (the effective date of Public Act 96-795) this amendatory
892+12 Act of the 96th General Assembly, the Executive Ethics
893+13 Commission, with the advice and consent of the Senate shall
894+14 appoint or approve 4 chief procurement officers, one for each
895+15 of the following categories:
896+16 (1) for procurements for construction and
897+17 construction-related services committed by law to the
898+18 jurisdiction or responsibility of the Capital Development
899+19 Board;
900+20 (2) for procurements for all construction,
901+21 construction-related services, operation of any facility,
902+22 and the provision of any service or activity committed by
903+23 law to the jurisdiction or responsibility of the Illinois
904+24 Department of Transportation, including the direct or
905+25 reimbursable expenditure of all federal funds for which
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916+1 the Department of Transportation is responsible or
917+2 accountable for the use thereof in accordance with federal
918+3 law, regulation, or procedure, the chief procurement
919+4 officer recommended for approval under this item appointed
920+5 by the Secretary of Transportation after consent by the
921+6 Executive Ethics Commission;
922+7 (3) for all procurements made by a public institution
923+8 of higher education; and
924+9 (4) for all other procurement needs of State agencies.
925+10 The For fiscal year 2024, the Executive Ethics Commission
926+11 shall set aside from its appropriation those amounts necessary
927+12 for the use of the 4 chief procurement officers for the
928+13 ordinary and contingent expenses of their respective
929+14 procurement offices. From the amounts set aside by the
930+15 Commission, each chief procurement officer shall control the
931+16 internal operations of his or her procurement office and shall
932+17 procure the necessary equipment, materials, and services to
933+18 perform the duties of that office, including hiring necessary
934+19 procurement personnel, legal advisors, and other employees,
935+20 and may establish, in the exercise of the chief procurement
936+21 officer's discretion, the compensation of the office's
937+22 employees, which includes the State purchasing officers and
938+23 any legal advisors. The Executive Ethics Commission shall have
939+24 no control over the employees of the chief procurement
940+25 officers. The Executive Ethics Commission shall provide
941+26 administrative support services, including payroll, for each
942+
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952+1 procurement office.
953+2 (b) Terms and independence. Each chief procurement officer
954+3 appointed under this Section shall serve for a term of 5 years
955+4 beginning on the date of the officer's appointment. The chief
956+5 procurement officer may be removed for cause after a hearing
957+6 by the Executive Ethics Commission. The Governor or the
958+7 director of a State agency directly responsible to the
959+8 Governor may institute a complaint against the officer by
960+9 filing such complaint with the Commission. The Commission
961+10 shall have a hearing based on the complaint. The officer and
962+11 the complainant shall receive reasonable notice of the hearing
963+12 and shall be permitted to present their respective arguments
964+13 on the complaint. After the hearing, the Commission shall make
965+14 a finding on the complaint and may take disciplinary action,
966+15 including but not limited to removal of the officer.
967+16 The salary of a chief procurement officer shall be
968+17 established by the Executive Ethics Commission and may not be
969+18 diminished during the officer's term. The salary may not
970+19 exceed the salary of the director of a State agency for which
971+20 the officer serves as chief procurement officer.
972+21 (c) Qualifications. In addition to any other requirement
973+22 or qualification required by State law, each chief procurement
974+23 officer must within 12 months of employment be a Certified
975+24 Professional Public Buyer or a Certified Public Purchasing
976+25 Officer, pursuant to certification by the Universal Public
977+26 Purchasing Certification Council, and must reside in Illinois.
978+
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988+1 (d) Fiduciary duty. Each chief procurement officer owes a
989+2 fiduciary duty to the State.
990+3 (e) Vacancy. In case of a vacancy in one or more of the
991+4 offices of a chief procurement officer under this Section
992+5 during the recess of the Senate, the Executive Ethics
993+6 Commission shall make a temporary appointment until the next
994+7 meeting of the Senate, when the Executive Ethics Commission
995+8 shall nominate some person to fill the office, and any person
996+9 so nominated who is confirmed by the Senate shall hold office
997+10 during the remainder of the term and until his or her successor
998+11 is appointed and qualified. If the Senate is not in session at
999+12 the time Public Act 96-920 this amendatory Act of the 96th
1000+13 General Assembly takes effect, the Executive Ethics Commission
1001+14 shall make a temporary appointment as in the case of a vacancy.
1002+15 (f) (Blank).
1003+16 (g) (Blank).
1004+17 (Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
1005+18 (30 ILCS 500/20-20)
1006+19 Sec. 20-20. Small purchases.
1007+20 (a) Amount. Any individual procurement of supplies or
1008+21 services not exceeding $100,000 and any procurement of
1009+22 construction not exceeding $100,000, or any individual
1010+23 procurement of professional or artistic services not exceeding
1011+24 $100,000 may be made without competitive source selection.
1012+25 Procurements shall not be artificially divided so as to
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1023+1 constitute a small purchase under this Section. Any
1024+2 procurement of construction not exceeding $100,000 may be made
1025+3 by an alternative competitive source selection. The
1026+4 construction agency shall establish rules for an alternative
1027+5 competitive source selection process. This Section does not
1028+6 apply to construction-related professional services contracts
1029+7 awarded in accordance with the provisions of the
1030+8 Architectural, Engineering, and Land Surveying Qualifications
1031+9 Based Selection Act.
1032+10 (b) Adjustment. Each July 1, the small purchase maximum
1033+11 established in subsection (a) shall be adjusted for inflation
1034+12 as determined by the Consumer Price Index for All Urban
1035+13 Consumers as determined by the United States Department of
1036+14 Labor and rounded to the nearest $100.
1037+15 (c) Based upon rules proposed by the Board and rules
1038+16 promulgated by the chief procurement officers, the small
1039+17 purchase maximum established in subsection (a) may be
1040+18 modified.
1041+19 (d) Certification. All small purchases with an annual
1042+20 value that exceeds $50,000 shall be accompanied by Standard
1043+21 Illinois Certifications in a form prescribed by each Chief
1044+22 Procurement Officer.
1045+23 (e) Cumulative small purchases. Cumulative small purchases
1046+24 under $1,000 made in a previously non-contemplated manner by
1047+25 the same or separate individuals or departments within an
1048+26 agency or university that exceed the small purchase threshold
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1058+ HB5511 Enrolled - 31 - LRB103 38791 MXP 68928 b
1059+1 do not constitute stringing and are allowable under this Code.
1060+2 (Source: P.A. 102-721, eff. 1-1-23; 102-1115, eff. 1-23-23
1061+3 (See Section 99-999 of P.A. 102-1115 for effective date of
1062+4 P.A. 102-1115); 102-1119, eff. 1-23-23.)
1063+5 (30 ILCS 500/20-60)
1064+6 Sec. 20-60. Duration of contracts.
1065+7 (a) Maximum duration. A contract may be entered into for
1066+8 any period of time deemed to be in the best interests of the
1067+9 State but not exceeding 10 years inclusive, beginning January
1068+10 1, 2010, of proposed contract renewals; provided, however, in
1069+11 connection with the issuance of certificates of participation
1070+12 or bonds, the governing board of a public institution of
1071+13 higher education may enter into contracts in excess of 10
1072+14 years but not to exceed 30 years for the purpose of financing
1073+15 or refinancing real or personal property. Third parties may
1074+16 lease State-owned dark fiber networks for any period of time
1075+17 deemed to be in the best interest of the State, but not
1076+18 exceeding 20 years. The length of a lease for real property or
1077+19 capital improvements shall be in accordance with the
1078+20 provisions of Section 40-25. The length of energy conservation
1079+21 program contracts or energy savings contracts or leases shall
1080+22 be in accordance with the provisions of Section 25-45. A
1081+23 contract for bond or mortgage insurance awarded by the
1082+24 Illinois Housing Development Authority, however, may be
1083+25 entered into for any period of time less than or equal to the
1084+
1085+
1086+
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1089+ HB5511 Enrolled - 31 - LRB103 38791 MXP 68928 b
1090+
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1093+ HB5511 Enrolled - 32 - LRB103 38791 MXP 68928 b
1094+1 maximum period of time that the subject bond or mortgage may
1095+2 remain outstanding. Contracts may be entered into that extend
1096+3 beyond the active term of the award, so long as the contract
1097+4 was entered into prior to the award expiration date and does
1098+5 not exceed 10 years.
1099+6 (b) Subject to appropriation. All contracts made or
1100+7 entered into shall recite that they are subject to termination
1101+8 and cancellation in any year for which the General Assembly
1102+9 fails to make an appropriation to make payments under the
1103+10 terms of the contract.
1104+11 (c) The chief procurement officer shall file a proposed
1105+12 extension or renewal of a contract with the Procurement Policy
1106+13 Board and the Commission on Equity and Inclusion prior to
1107+14 entering into any extension or renewal if the cost associated
1108+15 with the extension or renewal exceeds $249,999. The
1109+16 Procurement Policy Board or the Commission on Equity and
1110+17 Inclusion may object to the proposed extension or renewal
1111+18 within 14 calendar days and require a hearing before the Board
1112+19 or the Commission on Equity and Inclusion prior to entering
1113+20 into the extension or renewal. If the Procurement Policy Board
1114+21 or the Commission on Equity and Inclusion does not object
1115+22 within 14 calendar days or takes affirmative action to
1116+23 recommend the extension or renewal, the chief procurement
1117+24 officer may enter into the extension or renewal of a contract.
1118+25 This subsection does not apply to any emergency procurement,
1119+26 any procurement under Article 40, or any procurement exempted
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1129+ HB5511 Enrolled - 33 - LRB103 38791 MXP 68928 b
1130+1 by Section 1-10(b) of this Code. If any State agency contract
1131+2 is paid for in whole or in part with federal-aid funds, grants,
1132+3 or loans and the provisions of this subsection would result in
1133+4 the loss of those federal-aid funds, grants, or loans, then
1134+5 the contract is exempt from the provisions of this subsection
1135+6 in order to remain eligible for those federal-aid funds,
1136+7 grants, or loans, and the State agency shall file notice of
1137+8 this exemption with the Procurement Policy Board or the
1138+9 Commission on Equity and Inclusion prior to entering into the
1139+10 proposed extension or renewal. Nothing in this subsection
1140+11 permits a chief procurement officer to enter into an extension
1141+12 or renewal in violation of subsection (a). By August 1 each
1142+13 year, the Procurement Policy Board and the Commission on
1143+14 Equity and Inclusion shall each file a report with the General
1144+15 Assembly identifying for the previous fiscal year (i) the
1145+16 proposed extensions or renewals that were filed and whether
1146+17 such extensions and renewals were objected to and (ii) the
1147+18 contracts exempt from this subsection.
1148+19 (d) Notwithstanding the provisions of subsection (a) of
1149+20 this Section, the Department of Innovation and Technology may
1150+21 enter into leases for dark fiber networks for any period of
1151+22 time deemed to be in the best interests of the State but not
1152+23 exceeding 20 years inclusive. The Department of Innovation and
1153+24 Technology may lease dark fiber networks from third parties
1154+25 only for the primary purpose of providing services (i) to the
1155+26 offices of Governor, Lieutenant Governor, Attorney General,
1156+
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1162+
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1165+ HB5511 Enrolled - 34 - LRB103 38791 MXP 68928 b
1166+1 Secretary of State, Comptroller, or Treasurer and State
1167+2 agencies, as defined under Section 5-15 of the Civil
1168+3 Administrative Code of Illinois or (ii) for anchor
1169+4 institutions, as defined in Section 7 of the Illinois Century
1170+5 Network Act. Dark fiber network lease contracts shall be
1171+6 subject to all other provisions of this Code and any
1172+7 applicable rules or requirements, including, but not limited
1173+8 to, publication of lease solicitations, use of standard State
1174+9 contracting terms and conditions, and approval of vendor
1175+10 certifications and financial disclosures.
1176+11 (e) As used in this Section, "dark fiber network" means a
1177+12 network of fiber optic cables laid but currently unused by a
1178+13 third party that the third party is leasing for use as network
1179+14 infrastructure.
1180+15 (f) No vendor shall be eligible for renewal of a contract
1181+16 when that vendor has failed to meet the goals agreed to in the
1182+17 vendor's utilization plan, as defined in Section 2 of the
1183+18 Business Enterprise for Minorities, Women, and Persons with
1184+19 Disabilities Act, unless the State agency or public
1185+20 institution of higher education has determined that the vendor
1186+21 made good faith efforts toward meeting the contract goals. If
1187+22 the State agency or public institution of higher education
1188+23 determines that the vendor made good faith efforts, the agency
1189+24 or public institution of higher education may issue a waiver
1190+25 after concurrence by the chief procurement officer, which
1191+26 shall not be unreasonably withheld or impair a State agency
1192+
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1201+ HB5511 Enrolled - 35 - LRB103 38791 MXP 68928 b
1202+1 determination to execute the renewal. The form and content of
1203+2 the waiver shall be prescribed by each chief procurement
1204+3 officer, but shall not impair a State agency or public
1205+4 institution of higher education determination to execute the
1206+5 renewal. The chief procurement officer shall post the
1207+6 completed form on his or her official website within 5
1208+7 business days after receipt from the State agency or public
1209+8 institution of higher education. The chief procurement officer
1210+9 shall maintain on his or her official website a database of
1211+10 waivers granted under this Section with respect to contracts
1212+11 under his or her jurisdiction. The database shall be updated
1213+12 periodically and shall be searchable by contractor name and by
1214+13 contracting State agency or public institution of higher
1215+14 education.
1216+15 (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
1217+16 103-570, eff. 1-1-24.)
1218+17 (30 ILCS 500/20-180 new)
1219+18 Sec. 20-180. Electronic procurement systems. Nothing in
1220+19 this Code prohibits State agencies from accepting bids or
1221+20 proposals for competitive solicitations submitted solely via
1222+21 an electronic procurement system as long as the electronic
1223+22 system integrates with that portfolio's procurement bulletin
1224+23 and all other provisions of this Code are met. A State agency
1225+24 may not adopt a rule that prohibits a State agency from
1226+25 accepting bids or proposals for competitive solicitations
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1237+1 submitted solely via an electronic procurement system as long
1238+2 as the electronic procurement system integrates with that
1239+3 portfolio's procurement bulletin and all other provisions of
1240+4 this Code are met.
1241+5 (30 ILCS 500/30-17 new)
1242+6 Sec. 30-17. Job order contracting.
1243+7 (a) In this Section:
1244+8 "Indefinite quantity contract" means a contract for an
1245+9 indefinite quantity of services for a fixed time or for a job
1246+10 order contract.
1247+11 "Job order contracting" means an indefinite quantity
1248+12 contract pursuant to which a contractor may perform an ongoing
1249+13 series of individual tasks at different facilities, locations,
1250+14 and sites under the jurisdiction of a State construction
1251+15 agency.
1252+16 (b) Construction agencies may procure construction
1253+17 contracts via job order contracting through the use of
1254+18 competitive sealed bidding in accordance with Section 30-15.
1255+19 (30 ILCS 500/50-57 new)
1256+20 Sec. 50-57. Curability.
1257+21 (a) If, during an active procurement, a violation or
1258+22 deficiency of this Code, or of the procurement rules,
1259+23 regulations, policies, or practices promulgated by a chief
1260+24 procurement officer under this Code occurs, then, at the
1261+
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1270+ HB5511 Enrolled - 37 - LRB103 38791 MXP 68928 b
1271+1 request of the State purchasing officer and agency head, the
1272+2 chief procurement officer may determine that curing the
1273+3 violation or deficiency is in the best interest of the State.
1274+4 The request to cure shall be in writing and include a clear
1275+5 description of the violation or deficiency. The State
1276+6 purchasing officer and agency head shall request a cure only
1277+7 when the integrity, transparency, and efficiency of the
1278+8 procurement can be maintained. In making a determination, the
1279+9 chief procurement officer shall consider the harm to
1280+10 stakeholders and the value to the State in permitting the cure
1281+11 and the seriousness of the violation or deficiency. The
1282+12 determination shall be in writing and include the basis for
1283+13 permitting or denying the request. If a cure is permitted, the
1284+14 determination shall include a clear description of the action
1285+15 necessary to cure the violation or deficiency.
1286+16 (b) The chief procurement officer shall post all
1287+17 determinations on his or her official website within 14 days
1288+18 after completion of the procurement. The chief procurement
1289+19 officer shall report to the Governor and General Assembly, by
1290+20 no later than November 1 of each year, a summary of
1291+21 determinations for the previous fiscal year. Permitting a cure
1292+22 does not absolve any person, as defined in Section 1-15.55,
1293+23 from any penalties in law. Each chief procurement officer may
1294+24 adopt rules to implement and administer this Section.
1295+25 Section 2-10. The State Property Control Act is amended by
1296+
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1302+
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1305+ HB5511 Enrolled - 38 - LRB103 38791 MXP 68928 b
1306+1 changing Section 7a as follows:
1307+2 (30 ILCS 605/7a)
1308+3 Sec. 7a. Surplus furniture. It is declared to be the
1309+4 public policy of this State, and the General Assembly
1310+5 determines, that it is in the best interest of the people of
1311+6 this State to expend the least amount of funds possible on the
1312+7 purchase of furniture.
1313+8 Agencies that desire to purchase new furniture shall first
1314+9 check with the administrator if any of the surplus furniture
1315+10 under the administrator's control can be used in place of new
1316+11 furniture. If an agency finds that it is unable to use the
1317+12 surplus property, the agency may proceed with the new
1318+13 furniture purchase. The the agency shall file annually, not
1319+14 later than January 31 of the next year, a report an affidavit
1320+15 with the administrator prior to any purchase, specifying the
1321+16 types of new furniture purchased to be bought, the quantities
1322+17 of each type of new furniture, the cost per type, and the total
1323+18 cost per category. The report affidavit shall also clearly
1324+19 state why the furniture was must be purchased new as opposed to
1325+20 obtained from the administrator's surplus. The reports
1326+21 affidavits shall be made available by the administrator for
1327+22 public inspection and copying.
1328+23 This Section applies only to the purchase of an item of
1329+24 furniture with a purchase price of $1,500 $500 or more.
1330+25 (Source: P.A. 88-515; 88-656, eff. 9-16-94.)
1331+
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1340+ HB5511 Enrolled - 39 - LRB103 38791 MXP 68928 b
1341+1 Section 2-15. The Counties Code is amended by changing
1342+2 Sections 5-1022 and 6-1003 as follows:
1343+3 (55 ILCS 5/5-1022)
1344+4 Sec. 5-1022. Competitive bids.
1345+5 (a) Any purchase by a county with fewer than 2,000,000
1346+6 inhabitants, or an elected official in a county with fewer
1347+7 than 2,000,000 inhabitants, including an elected official with
1348+8 control of the internal operations of the office, of services,
1349+9 materials, equipment, or supplies in excess of $30,000, other
1350+10 than professional services, shall be contracted for in one of
1351+11 the following ways:
1352+12 (1) by a contract let to the lowest responsible bidder
1353+13 after advertising for bids in a newspaper published within
1354+14 the county or, if no newspaper is published within the
1355+15 county, then a newspaper having general circulation within
1356+16 the county; or
1357+17 (2) by a contract let without advertising for bids in
1358+18 the case of an emergency if authorized by the county
1359+19 board; or .
1360+20 (3) by a contract let without advertising for bids in
1361+21 the case of the expedited replacement of a disabled,
1362+22 inoperable, or damaged patrol vehicle of the sheriff's
1363+23 department if authorized by the county board.
1364+24 (b) In determining the lowest responsible bidder, the
1365+
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1374+ HB5511 Enrolled - 40 - LRB103 38791 MXP 68928 b
1375+1 county board shall take into consideration the qualities of
1376+2 the articles supplied; their conformity with the
1377+3 specifications; their suitability to the requirements of the
1378+4 county; the availability of support services; the uniqueness
1379+5 of the service, materials, equipment, or supplies as it
1380+6 applies to networked, integrated computer systems; the
1381+7 compatibility to existing equipment; and the delivery terms.
1382+8 In addition, the county board may take into consideration the
1383+9 bidder's active participation in an applicable apprenticeship
1384+10 program registered with the United States Department of Labor.
1385+11 The county board also may take into consideration whether a
1386+12 bidder is a private enterprise or a State-controlled
1387+13 enterprise and, notwithstanding any other provision of this
1388+14 Section or a lower bid by a State-controlled enterprise, may
1389+15 let a contract to the lowest responsible bidder that is a
1390+16 private enterprise.
1391+17 (c) This Section does not apply to contracts by a county
1392+18 with the federal government or to purchases of used equipment,
1393+19 purchases at auction or similar transactions which by their
1394+20 very nature are not suitable to competitive bids, pursuant to
1395+21 an ordinance adopted by the county board.
1396+22 (d) Notwithstanding the provisions of this Section, a
1397+23 county may let without advertising for bids in the case of
1398+24 purchases and contracts, when individual orders do not exceed
1399+25 $35,000, for the use, purchase, delivery, movement, or
1400+26 installation of data processing equipment, software, or
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1410+ HB5511 Enrolled - 41 - LRB103 38791 MXP 68928 b
1411+1 services and telecommunications and inter-connect equipment,
1412+2 software, and services.
1413+3 (e) A county may require, as a condition of any contract
1414+4 for goods and services, that persons awarded a contract with
1415+5 the county and all affiliates of the person collect and remit
1416+6 Illinois Use Tax on all sales of tangible personal property
1417+7 into the State of Illinois in accordance with the provisions
1418+8 of the Illinois Use Tax Act regardless of whether the person or
1419+9 affiliate is a "retailer maintaining a place of business
1420+10 within this State" as defined in Section 2 of the Use Tax Act.
1421+11 For purposes of this subsection (e), the term "affiliate"
1422+12 means any entity that (1) directly, indirectly, or
1423+13 constructively controls another entity, (2) is directly,
1424+14 indirectly, or constructively controlled by another entity, or
1425+15 (3) is subject to the control of a common entity. For purposes
1426+16 of this subsection (e), an entity controls another entity if
1427+17 it owns, directly or individually, more than 10% of the voting
1428+18 securities of that entity. As used in this subsection (e), the
1429+19 term "voting security" means a security that (1) confers upon
1430+20 the holder the right to vote for the election of members of the
1431+21 board of directors or similar governing body of the business
1432+22 or (2) is convertible into, or entitles the holder to receive
1433+23 upon its exercise, a security that confers such a right to
1434+24 vote. A general partnership interest is a voting security.
1435+25 (f) Bids submitted to, and contracts executed by, the
1436+26 county may require a certification by the bidder or contractor
1437+
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1446+ HB5511 Enrolled - 42 - LRB103 38791 MXP 68928 b
1447+1 that the bidder or contractor is not barred from bidding for or
1448+2 entering into a contract under this Section and that the
1449+3 bidder or contractor acknowledges that the county may declare
1450+4 the contract void if the certification completed pursuant to
1451+5 this subsection (f) is false.
1452+6 (Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23;
1453+7 revised 12-12-23.)
1454+8 (55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)
1455+9 Sec. 6-1003. Further appropriations barred; transfers.
1456+10 After the adoption of the county budget, no further
1457+11 appropriations shall be made at any other time during such
1458+12 fiscal year, except as provided in this Division.
1459+13 Appropriations in excess of those authorized by the budget in
1460+14 order to meet an immediate emergency may be made at any meeting
1461+15 of the board by a two-thirds vote of all the members
1462+16 constituting such board, the vote to be taken by ayes and nays
1463+17 and entered on the record of the meeting. After the adoption of
1464+18 the county budget, transfers of appropriations may be made
1465+19 without a vote of the board; however, transfers of
1466+20 appropriations affecting personnel and capital may be made at
1467+21 any meeting of the board by a two-thirds vote of all the
1468+22 members constituting such board, the vote to be taken by ayes
1469+23 and nays and entered on the record of the meeting, provided for
1470+24 any type of transfer that the total amount appropriated for
1471+25 the fund is not affected.
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1481+ HB5511 Enrolled - 43 - LRB103 38791 MXP 68928 b
1482+1 This Section applies to all elected officials, including
1483+2 elected officials with control of the internal operations of
1484+3 their office.
1485+4 (Source: P.A. 99-356, eff. 8-13-15; 99-642, eff. 7-28-16.)
1486+5 ARTICLE 3.
1487+6 Section 3-5. The Department of Natural Resources Act is
1488+7 amended by changing Section 1-20 and by adding Section 1-50 as
1489+8 follows:
1490+9 (20 ILCS 801/1-20)
1491+10 Sec. 1-20. Real property. The Department has the power:
1492+11 (a) To transfer jurisdiction of any realty under the
1493+12 control of the Department to any other Department of the State
1494+13 Government, or to any authority, commission or other agency of
1495+14 the State, and to acquire or accept federal lands, when such
1496+15 transfer, acquisition or acceptance is advantageous to the
1497+16 State and is approved in writing by the Governor.
1498+17 (b) To lease, from time to time, any land or property, with
1499+18 or without appurtenances, of which the Department has
1500+19 jurisdiction, and which are not immediately to be used or
1501+20 developed by the State; provided that no such lease be for a
1502+21 longer period of time than that in which it can reasonably be
1503+22 expected the State will not have use for such property, and
1504+23 further provided that no such lease be for a longer period of
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1514+ HB5511 Enrolled - 44 - LRB103 38791 MXP 68928 b
1515+1 time than 10 5 years.
1516+2 (c) To lease any land or property over which the
1517+3 Department has jurisdiction for the purpose of creating,
1518+4 operating, or maintaining a commercial solar energy system, as
1519+5 defined in Section 10-720 of the Property Tax Code, or a clean
1520+6 energy project, as defined in the Department of Natural
1521+7 Resources (Conservation) Law of the Civil Administrative Code
1522+8 of Illinois. A lease under this subsection (c) shall not be for
1523+9 a period longer than 40 years. The Department shall
1524+10 competitively bid any project authorized pursuant to this
1525+11 subsection (c) pursuant to the requirements of Section 20-15
1526+12 and subsections (c) and (f) of Section 20-10 of the Illinois
1527+13 Procurement Code. No person or business shall submit
1528+14 specifications to the Department pursuant to this subsection
1529+15 (c) unless requested to do so by an employee of the State. No
1530+16 person or business who contracts with a State agency to write
1531+17 specifications for any project pursuant to this subsection (c)
1532+18 shall submit a bid or proposal, review or evaluate any
1533+19 prospective proposals from the competitive bidding process, or
1534+20 receive a contract for any project issued pursuant to this
1535+21 subsection (c). If practical, the Department shall require
1536+22 that any land or property over which the Department has
1537+23 jurisdiction and that is used for the purpose of creating,
1538+24 operating, or maintaining a commercial solar energy system
1539+25 shall have implemented on it and maintained management
1540+26 practices that would qualify the land or property as a
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1551+1 beneficial habitat under the Pollinator-Friendly Solar Site
1552+2 Act. The Department shall prioritize commercial solar energy
1553+3 system sites based on their suitability and economic
1554+4 feasibility for solar use. The Department shall then
1555+5 prioritize commercial solar energy system sites with a
1556+6 significant history of disturbance, such as former strip mines
1557+7 or previously developed sites. The Department may consider any
1558+8 land use that is lost from the installation of a commercial
1559+9 solar energy system in making a determination regarding the
1560+10 suitability of a site. At least 60 days before entering into a
1561+11 lease for a commercial solar energy system under this
1562+12 subsection (c), the Department shall post in the Illinois
1563+13 Register and on the Department's website notice of the
1564+14 Department's intent to enter into the lease and shall provide
1565+15 a copy of the notice to a municipality if the leased area is
1566+16 located within the borders of the municipality. The notice
1567+17 shall include the specific location and size of the proposed
1568+18 commercial solar energy system. The Department shall consider
1569+19 and respond to all public comments regarding the posting that
1570+20 are received by the Department within 30 days of the posting.
1571+21 (Source: P.A. 89-445, eff. 2-7-96.)
1572+22 (20 ILCS 801/1-50 new)
1573+23 Sec. 1-50. Administrative rules. The Department of Natural
1574+24 Resources may adopt rules necessary to carry out its duties
1575+25 under this Act.
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1585+ HB5511 Enrolled - 46 - LRB103 38791 MXP 68928 b
1586+1 Section 3-10. The Department of Natural Resources
1587+2 (Conservation) Law of the Civil Administrative Code of
1588+3 Illinois is amended by changing Sections 805-5, 805-230, and
1589+4 805-235 and by adding Sections 805-280 and 805-580 as follows:
1590+5 (20 ILCS 805/805-5)
1591+6 Sec. 805-5. Definitions. In this Law:
1592+7 "Clean energy" means energy that is generated, by design
1593+8 or operation, in a manner that is substantially free of carbon
1594+9 dioxide emissions or in a manner that otherwise contributes to
1595+10 the reduction in emissions of environmentally hazardous
1596+11 materials or reduces the volume of environmentally dangerous
1597+12 materials.
1598+13 "Clean energy project" means a project that is undertaken
1599+14 to acquire, construct, refurbish, create, develop, or
1600+15 redevelop any facility, equipment, machinery, or real or
1601+16 personal property and that will aid, assist, or encourage the
1602+17 development or implementation of clean energy in the State.
1603+18 "Department" means the Department of Natural Resources.
1604+19 "Director" means the Director of Natural Resources.
1605+20 (Source: P.A. 91-239, eff. 1-1-00.)
1606+21 (20 ILCS 805/805-230) (was 20 ILCS 805/63a18)
1607+22 Sec. 805-230. Developing recreational areas. The
1608+23 Department has the power to lease from individuals,
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1618+ HB5511 Enrolled - 47 - LRB103 38791 MXP 68928 b
1619+1 corporations, or any other form of private ownership, from any
1620+2 municipality, public corporation, or political subdivision of
1621+3 this State, or from the United States any lands or waters for
1622+4 the purpose of developing outdoor recreational areas for
1623+5 public use and to acquire all necessary property or
1624+6 rights-of-way for the purposes of ingress or egress to those
1625+7 lands and waters and to construct buildings and other
1626+8 recreational facilities, including roadways, bridges, and
1627+9 parking areas, commercial solar energy systems, and clean
1628+10 energy projects that the Department deems necessary or
1629+11 desirable for maximum utilization of recreational facilities
1630+12 for public use of the areas.
1631+13 (Source: P.A. 91-239, eff. 1-1-00.)
1632+14 (20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
1633+15 Sec. 805-235. Lease of lands acquired by the Department;
1634+16 disposition of obsolete buildings. The Department has the
1635+17 power to do and perform each and every act or thing considered
1636+18 by the Director to be necessary or desirable to fulfill and
1637+19 carry out the intent and purpose of all laws pertaining to the
1638+20 Department, including the right to rehabilitate or sell at
1639+21 public auction buildings or structures affixed to lands over
1640+22 which the Department has acquired jurisdiction when in the
1641+23 judgment of the Director those buildings or structures are
1642+24 obsolete, inadequate, or unusable for the purposes of the
1643+25 Department and to lease those lands with or without
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1654+1 appurtenances for a consideration in money or in kind for a
1655+2 period of time not in excess of 10 5 years for the purposes and
1656+3 upon the terms and conditions that the Director considers to
1657+4 be in the best interests of the State when those lands are not
1658+5 immediately to be used or developed by the State. All those
1659+6 sales shall be made subject to the written approval of the
1660+7 Governor. The funds derived from those sales and from those
1661+8 leases shall be deposited in the State Parks Fund, except that
1662+9 funds derived from those sales and from those leases on lands
1663+10 managed and operated principally as wildlife or fisheries
1664+11 areas by the Department shall be deposited in the Wildlife and
1665+12 Fish Fund.
1666+13 (Source: P.A. 91-239, eff. 1-1-00.)
1667+14 (20 ILCS 805/805-280 new)
1668+15 Sec. 805-280. Leases for the purpose of creating,
1669+16 operating, or maintaining a commercial solar energy system or
1670+17 clean energy project. The Department may lease any land or
1671+18 property over which the Department has jurisdiction for the
1672+19 purpose of creating, operating, or maintaining a commercial
1673+20 solar energy system, as defined in Section 10-720 of the
1674+21 Property Tax Code, or a clean energy project. The lease shall
1675+22 not be for a period longer than 40 years. The Department shall
1676+23 competitively bid any project authorized pursuant to this
1677+24 Section pursuant to the requirements of Section 20-15, and
1678+25 subsections (c) and (f) of Section 20-10 of the Illinois
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1689+1 Procurement Code. No person or business shall submit
1690+2 specifications to the Department pursuant to this Section
1691+3 unless requested to do so by an employee of the State. No
1692+4 person or business who contracts with a State agency to write
1693+5 specifications for any project pursuant to this Section shall
1694+6 submit a bid or proposal, review or evaluate any prospective
1695+7 proposals from the competitive bidding process, or receive a
1696+8 contract for any project issued pursuant to this Section. The
1697+9 Department shall require that any lease must provide for a
1698+10 signed project labor agreement for the length of the lease
1699+11 term. A project labor agreement entered into under this
1700+12 Section shall be entered into with the local building and
1701+13 construction trades council having geographic jurisdiction
1702+14 over the project. If practical, the Department shall require
1703+15 that any land or property over which the Department has
1704+16 jurisdiction that is used for the purpose of creating,
1705+17 operating, or maintaining a commercial solar energy system
1706+18 shall have implemented on it and maintained management
1707+19 practices that would qualify the land or property as a
1708+20 beneficial habitat under the Pollinator-Friendly Solar Site
1709+21 Act. The Department shall require that any lease must include
1710+22 a signed project labor agreement for the length of the lease
1711+23 term. The Department shall prioritize commercial solar energy
1712+24 system sites based on their suitability and economic
1713+25 feasibility for solar use. The Department shall then
1714+26 prioritize commercial solar energy system sites with a
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1725+1 significant history of disturbance, such as former strip mines
1726+2 or previously developed sites. The Department may consider any
1727+3 land use that is lost from the installation of a commercial
1728+4 solar energy system in making a determination for the
1729+5 suitability of a site.
1730+6 (20 ILCS 805/805-580 new)
1731+7 Sec. 805-580. Electric vehicle charging stations.
1732+8 (a) The Department may provide for at least one electric
1733+9 vehicle charging station, as defined in the Electric Vehicle
1734+10 Act, at any State park or other real property that is owned by
1735+11 the Department where electrical service will reasonably
1736+12 permit. The Department is authorized to charge user fees for
1737+13 the use of such electric vehicle charging stations.
1738+14 (b) The Department may adopt and publish specifications
1739+15 detailing the kind and type of electric vehicle charging
1740+16 stations to be provided and may adopt rules governing the fees
1741+17 for use of electric vehicle charging stations at State parks
1742+18 or other real property that is owned by the Department.
1743+19 Section 3-15. The State Parks Act is amended by changing
1744+20 Sections 2, 3, 3a, and 4 as follows:
1745+21 (20 ILCS 835/2) (from Ch. 105, par. 466)
1746+22 Sec. 2. It shall be the policy of the State of Illinois to
1747+23 acquire a system of State parks which shall embody the
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1758+1 following purposes and objectives:
1759+2 (1) To preserve the most important historic sites and
1760+3 events that which are connected with the peoples who are
1761+4 geographically and culturally affiliated to the land now
1762+5 known as the State of Illinois early pioneer or Indian
1763+6 history, so that their such history of the Indians,
1764+7 explorers, missionaries and settlers may be preserved, not
1765+8 only as a tribute to those peoples that came before us who
1766+9 made possible the building of the State of Illinois and of
1767+10 the Union, but also as a part of the education of present
1768+11 and future Illinois citizens.
1769+12 (2) To set aside as public reservations those
1770+13 locations which have unusual scenic attractions caused by
1771+14 geologic or topographic formations, such as canyons,
1772+15 gorges, caves, dunes, beaches, moraines, palisades,
1773+16 examples of Illinois prairie, and points of scientific
1774+17 interest to botanists and naturalists. These areas should
1775+18 be large in size and whenever practicable shall be not
1776+19 less than 1,000 acres in extent. However, smaller areas
1777+20 may be acquired wherever conditions do not warrant the
1778+21 acquisition of the larger acreage.
1779+22 (3) To preserve large forested areas and marginal
1780+23 lands along the rivers, small water courses, and lakes for
1781+24 a recreation use different from that given by the typical
1782+25 city park, and so that these tracts may remain unchanged
1783+26 by civilization, so far as possible, and be kept for
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1794+1 future generations. Such areas also, should be acquired in
1795+2 units of 1,000 acres or more and may be available as fish
1796+3 and game preserves. However, smaller areas may be acquired
1797+4 wherever conditions do not warrant the acquisition of the
1798+5 larger acreage.
1799+6 (4) To connect these parks with each other by a system
1800+7 of scenic parkways with widths varying from 100 to 1,000
1801+8 feet, as a supplement to and completion of the State
1802+9 highway system. Where the present State highway routes may
1803+10 serve this purpose, their location, alignment and design
1804+11 should be studied with this plan in view. At suitable
1805+12 locations along these highways, pure water supplies and
1806+13 shelters and comfort facilities of attractive design may
1807+14 be installed for the convenience of the public.
1808+15 The Department of Natural Resources is authorized on in
1809+16 behalf of the State of Illinois to accept by donation or
1810+17 bequest, to purchase or acquire by condemnation proceedings in
1811+18 the manner provided for the exercise of the power of eminent
1812+19 domain under the Eminent Domain Act, or by contract for deed
1813+20 payable over a period of time not to exceed 10 years, or in any
1814+21 other legal manner, the title to all such lands, waters or
1815+22 regions, and the easements appurtenant or contributory
1816+23 thereto, which shall be in accord with such policy in respect
1817+24 to a system of State parks, for the purpose of which the
1818+25 General Assembly may make an appropriation. Purchases by
1819+26 contract for deed under this Section shall not exceed
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1830+1 $20,000,000 in total purchase price for land under contract at
1831+2 any one given time.
1832+3 (Source: P.A. 94-1055, eff. 1-1-07.)
1833+4 (20 ILCS 835/3) (from Ch. 105, par. 467)
1834+5 Sec. 3. (a) As used in this Section, "artificial
1835+6 landscaping" does not include any landscaping or other site
1836+7 modification or use resulting from any lease entered into by
1837+8 the Department of Natural Resources for the creation,
1838+9 operation, or maintenance of a commercial solar energy system,
1839+10 as defined in Section 10-720 of the Property Tax Code, or a
1840+11 clean energy project, as defined in the Department of Natural
1841+12 Resources (Conservation) Law of the Civil Administrative Code
1842+13 of Illinois. Instead, these site modifications and uses are
1843+14 hereby deemed to support conservation of the original
1844+15 character of the parks.
1845+16 (b) In maintaining the State parks, the Department of
1846+17 Natural Resources shall conserve the original character as
1847+18 distinguished from the artificial landscaping of such parks.
1848+19 (Source: P.A. 89-445, eff. 2-7-96.)
1849+20 (20 ILCS 835/3a) (from Ch. 105, par. 467a)
1850+21 Sec. 3a. The Department of Natural Resources shall not
1851+22 dispose of any portion of a State park except as specifically
1852+23 authorized by law. This prohibition shall not restrict the
1853+24 Department from conveyance of easements, leases, and other
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1864+1 lesser interests in land.
1865+2 (Source: P.A. 89-445, eff. 2-7-96.)
1866+3 (20 ILCS 835/4) (from Ch. 105, par. 468)
1867+4 Sec. 4. The Department of Natural Resources has the power:
1868+5 (1) To make rules and regulations necessary to carry out
1869+6 its duties under this Act, including rules and regulations for
1870+7 the use, care, improvement, control and administration of
1871+8 lands under its jurisdiction, and to enforce the same.
1872+9 (2) To employ such custodians, keepers, clerks,
1873+10 assistants, laborers and subordinates as may be necessary to
1874+11 carry out the provisions of this Act.
1875+12 (3) To lay out, construct and maintain all needful roads,
1876+13 parking areas, paths or trails, bridges, and docks, camp or
1877+14 lodge sites, picnic areas, beach houses, lodges and cabins and
1878+15 any other structures and improvements necessary and
1879+16 appropriate in any state park or easement thereto; and to
1880+17 provide water supplies, heat and light, and sanitary
1881+18 facilities for the public and living quarters for the
1882+19 custodians and keepers of state parks.
1883+20 (4) To replant any devastated native plant areas of any
1884+21 State park or increase or supplement the same when necessary
1885+22 with plant material indigenous to such park.
1886+23 (5) To cooperate with the United States government and
1887+24 with other states in matters relating to the care,
1888+25 improvement, control and administration of national or
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1899+1 interstate parks.
1900+2 (6) To cooperate and contract with any agency,
1901+3 organization or individual in a manner consistent with the
1902+4 purposes of this Act and the powers granted the Department
1903+5 herein.
1904+6 (7) To accept and administer gifts, grants and legacies of
1905+7 money, securities or property to be used by the Department of
1906+8 Natural Resources for the purposes of this Act and according
1907+9 to the tenor of such gift, grant or legacy.
1908+10 (8) To enter into leases that allow for the creation,
1909+11 operation, or maintenance of a commercial solar energy system,
1910+12 as defined in Section 10-720 of the Property Tax Code, or a
1911+13 clean energy project, as defined in the Department of Natural
1912+14 Resources (Conservation) Law of the Civil Administrative Code
1913+15 of Illinois. If practical, the Department shall require that
1914+16 any land or property over which the Department has
1915+17 jurisdiction that is used for the purpose of creating,
1916+18 operating, or maintaining a commercial solar energy system
1917+19 shall have implemented on it and maintained management
1918+20 practices that would qualify the land or property as a
1919+21 beneficial habitat under the Pollinator-Friendly Solar Site
1920+22 Act. The Department shall require that any lease must include
1921+23 a signed project labor agreement for the length of the lease
1922+24 term. A project labor agreement entered into under this
1923+25 Section shall be entered into with the local building and
1924+26 construction trades council having geographic jurisdiction
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1935+1 over the project. The Department shall prioritize commercial
1936+2 solar energy system sites based on their suitability and
1937+3 economic feasibility for solar use. The Department shall then
1938+4 prioritize commercial solar energy system sites with a
1939+5 significant history of disturbance, such as former strip mines
1940+6 or previously developed sites. In making a determination for
1941+7 the suitability of a site, the Department may consider any
1942+8 land use that is lost from the installation of a commercial
1943+9 solar energy system.
1944+10 (Source: P.A. 89-445, eff. 2-7-96.)
1945+11 ARTICLE 5.
1946+12 Section 5-5. The Illinois Procurement Code is amended by
1947+13 changing Section 20-60 as follows:
1948+14 (30 ILCS 500/20-60)
1949+15 Sec. 20-60. Duration of contracts.
1950+16 (a) Maximum duration. A contract may be entered into for
1951+17 any period of time deemed to be in the best interests of the
1952+18 State but not exceeding 10 years inclusive, beginning January
1953+19 1, 2010, of proposed contract renewals; provided, however, in
1954+20 connection with the issuance of certificates of participation
1955+21 or bonds, the governing board of a public institution of
1956+22 higher education may enter into contracts in excess of 10
1957+23 years but not to exceed 30 years for the purpose of financing
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1968+1 or refinancing real or personal property. Third parties may
1969+2 lease State-owned communications infrastructure, including
1970+3 dark fiber networks, conduit, and excess communication tower
1971+4 capacity, for any period of time deemed to be in the best
1972+5 interest of the State, but not exceeding 20 years. The length
1973+6 of a lease for real property or capital improvements shall be
1974+7 in accordance with the provisions of Section 40-25. The length
1975+8 of energy conservation program contracts or energy savings
1976+9 contracts or leases shall be in accordance with the provisions
1977+10 of Section 25-45. A contract for bond or mortgage insurance
1978+11 awarded by the Illinois Housing Development Authority,
1979+12 however, may be entered into for any period of time less than
1980+13 or equal to the maximum period of time that the subject bond or
1981+14 mortgage may remain outstanding.
1982+15 (b) Subject to appropriation. All contracts made or
1983+16 entered into shall recite that they are subject to termination
1984+17 and cancellation in any year for which the General Assembly
1985+18 fails to make an appropriation to make payments under the
1986+19 terms of the contract.
1987+20 (c) The chief procurement officer shall file a proposed
1988+21 extension or renewal of a contract with the Procurement Policy
1989+22 Board and the Commission on Equity and Inclusion prior to
1990+23 entering into any extension or renewal if the cost associated
1991+24 with the extension or renewal exceeds $249,999. The
1992+25 Procurement Policy Board or the Commission on Equity and
1993+26 Inclusion may object to the proposed extension or renewal
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2004+1 within 14 calendar days and require a hearing before the Board
2005+2 or the Commission on Equity and Inclusion prior to entering
2006+3 into the extension or renewal. If the Procurement Policy Board
2007+4 or the Commission on Equity and Inclusion does not object
2008+5 within 14 calendar days or takes affirmative action to
2009+6 recommend the extension or renewal, the chief procurement
2010+7 officer may enter into the extension or renewal of a contract.
2011+8 This subsection does not apply to any emergency procurement,
2012+9 any procurement under Article 40, or any procurement exempted
2013+10 by Section 1-10(b) of this Code. If any State agency contract
2014+11 is paid for in whole or in part with federal-aid funds, grants,
2015+12 or loans and the provisions of this subsection would result in
2016+13 the loss of those federal-aid funds, grants, or loans, then
2017+14 the contract is exempt from the provisions of this subsection
2018+15 in order to remain eligible for those federal-aid funds,
2019+16 grants, or loans, and the State agency shall file notice of
2020+17 this exemption with the Procurement Policy Board or the
2021+18 Commission on Equity and Inclusion prior to entering into the
2022+19 proposed extension or renewal. Nothing in this subsection
2023+20 permits a chief procurement officer to enter into an extension
2024+21 or renewal in violation of subsection (a). By August 1 each
2025+22 year, the Procurement Policy Board and the Commission on
2026+23 Equity and Inclusion shall each file a report with the General
2027+24 Assembly identifying for the previous fiscal year (i) the
2028+25 proposed extensions or renewals that were filed and whether
2029+26 such extensions and renewals were objected to and (ii) the
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2040+1 contracts exempt from this subsection.
2041+2 (d) Notwithstanding the provisions of subsection (a) of
2042+3 this Section, the Department of Innovation and Technology may
2043+4 enter into leases for dark fiber networks for any period of
2044+5 time deemed to be in the best interests of the State but not
2045+6 exceeding 20 years inclusive. The Department of Innovation and
2046+7 Technology may lease dark fiber networks from third parties
2047+8 only for the primary purpose of providing services (i) to the
2048+9 offices of Governor, Lieutenant Governor, Attorney General,
2049+10 Secretary of State, Comptroller, or Treasurer and State
2050+11 agencies, as defined under Section 5-15 of the Civil
2051+12 Administrative Code of Illinois or (ii) for anchor
2052+13 institutions, as defined in Section 7 of the Illinois Century
2053+14 Network Act. Dark fiber network lease contracts shall be
2054+15 subject to all other provisions of this Code and any
2055+16 applicable rules or requirements, including, but not limited
2056+17 to, publication of lease solicitations, use of standard State
2057+18 contracting terms and conditions, and approval of vendor
2058+19 certifications and financial disclosures.
2059+20 (e) As used in this Section, "dark fiber network" means a
2060+21 network of fiber optic cables laid but currently unused by a
2061+22 third party that the third party is leasing for use as network
2062+23 infrastructure.
2063+24 (f) No vendor shall be eligible for renewal of a contract
2064+25 when that vendor has failed to meet the goals agreed to in the
2065+26 vendor's utilization plan, as defined in Section 2 of the
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2076+1 Business Enterprise for Minorities, Women, and Persons with
2077+2 Disabilities Act, unless the State agency or public
2078+3 institution of higher education has determined that the vendor
2079+4 made good faith efforts toward meeting the contract goals. If
2080+5 the State agency or public institution of higher education
2081+6 determines that the vendor made good faith efforts, the agency
2082+7 or public institution of higher education may issue a waiver
2083+8 after concurrence by the chief procurement officer, which
2084+9 shall not be unreasonably withheld or impair a State agency
2085+10 determination to execute the renewal. The form and content of
2086+11 the waiver shall be prescribed by each chief procurement
2087+12 officer, but shall not impair a State agency or public
2088+13 institution of higher education determination to execute the
2089+14 renewal. The chief procurement officer shall post the
2090+15 completed form on his or her official website within 5
2091+16 business days after receipt from the State agency or public
2092+17 institution of higher education. The chief procurement officer
2093+18 shall maintain on his or her official website a database of
2094+19 waivers granted under this Section with respect to contracts
2095+20 under his or her jurisdiction. The database shall be updated
2096+21 periodically and shall be searchable by contractor name and by
2097+22 contracting State agency or public institution of higher
2098+23 education.
2099+24 (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
2100+25 103-570, eff. 1-1-24.)
2101+
2102+
2103+
2104+
2105+
2106+ HB5511 Enrolled - 60 - LRB103 38791 MXP 68928 b
2107+
2108+
2109+HB5511 Enrolled- 61 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 61 - LRB103 38791 MXP 68928 b
2110+ HB5511 Enrolled - 61 - LRB103 38791 MXP 68928 b
2111+1 ARTICLE 7.
2112+2 Section 7-5. The Illinois Procurement Code is amended by
2113+3 adding Section 45-46 as follows:
2114+4 (30 ILCS 500/45-46 new)
2115+5 Sec. 45-46. Mid-size businesses.
2116+6 (a) As used in the Section, "mid-size business" means a
2117+7 business that is independently owned and operated and that is
2118+8 not dominant in its field of operation. "Mid-size business"
2119+9 includes a construction business with annual sales and
2120+10 receipts in excess of $14,000,000 but not over $45,000,000.
2121+11 (a-5) This Section applies only to construction-related
2122+12 procurements for the Illinois State Toll Highway Authority.
2123+13 (b) The chief procurement officer shall adopt rules to
2124+14 establish additional criteria to designate mid-size businesses
2125+15 for the purposes of the mid-size business set-asides described
2126+16 in subsection (c), including the number of employees and
2127+17 annual sales and receipts of the business. When computing the
2128+18 size status of a potential contractor, annual sales and
2129+19 receipts of the potential contractor and all of its affiliates
2130+20 shall be included. The maximum number of employees and the
2131+21 maximum annual sales and receipts that a mid-size business may
2132+22 have under the rules adopted by the chief procurement officer
2133+23 may vary from industry to industry, to the extent necessary to
2134+24 reflect differing characteristics of those industries, subject
2135+
2136+
2137+
2138+
2139+
2140+ HB5511 Enrolled - 61 - LRB103 38791 MXP 68928 b
2141+
2142+
2143+HB5511 Enrolled- 62 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 62 - LRB103 38791 MXP 68928 b
2144+ HB5511 Enrolled - 62 - LRB103 38791 MXP 68928 b
2145+1 to the limitation that no business shall qualify as a mid-size
2146+2 business if its annual sales and receipts exceed $45,000,000.
2147+3 (c) The applicable chief procurement officer shall
2148+4 designate a fair proportion, as determined by the applicable
2149+5 chief procurement officer in consultation with the Illinois
2150+6 State Toll Highway Authority, of construction,
2151+7 construction-related, and construction support contracts as
2152+8 mid-size business set-asides for award to mid-size businesses
2153+9 in Illinois. Advertisements for bids or offers for these
2154+10 contracts shall specify designation as mid-size business
2155+11 set-asides. In awarding the contracts, only bids or offers
2156+12 from qualified mid-size businesses shall be considered. The
2157+13 Illinois State Toll Highway Authority shall prepare an annual
2158+14 report setting forth the use of this Section during the
2159+15 preceding fiscal year and shall provide that report to the
2160+16 applicable chief procurement officer no later than March 1 of
2161+17 each calendar year. This Section is repealed 5 years after the
2162+18 effective date of this Section.
2163+19 ARTICLE 10.
2164+20 Section 10-5. The Freedom of Information Act is amended by
2165+21 changing Section 7 as follows:
2166+22 (5 ILCS 140/7)
2167+23 Sec. 7. Exemptions.
2168+
2169+
2170+
2171+
2172+
2173+ HB5511 Enrolled - 62 - LRB103 38791 MXP 68928 b
2174+
2175+
2176+HB5511 Enrolled- 63 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 63 - LRB103 38791 MXP 68928 b
2177+ HB5511 Enrolled - 63 - LRB103 38791 MXP 68928 b
2178+1 (1) When a request is made to inspect or copy a public
2179+2 record that contains information that is exempt from
2180+3 disclosure under this Section, but also contains information
2181+4 that is not exempt from disclosure, the public body may elect
2182+5 to redact the information that is exempt. The public body
2183+6 shall make the remaining information available for inspection
2184+7 and copying. Subject to this requirement, the following shall
2185+8 be exempt from inspection and copying:
2186+9 (a) Information specifically prohibited from
2187+10 disclosure by federal or State law or rules and
2188+11 regulations implementing federal or State law.
2189+12 (b) Private information, unless disclosure is required
2190+13 by another provision of this Act, a State or federal law,
2191+14 or a court order.
2192+15 (b-5) Files, documents, and other data or databases
2193+16 maintained by one or more law enforcement agencies and
2194+17 specifically designed to provide information to one or
2195+18 more law enforcement agencies regarding the physical or
2196+19 mental status of one or more individual subjects.
2197+20 (c) Personal information contained within public
2198+21 records, the disclosure of which would constitute a
2199+22 clearly unwarranted invasion of personal privacy, unless
2200+23 the disclosure is consented to in writing by the
2201+24 individual subjects of the information. "Unwarranted
2202+25 invasion of personal privacy" means the disclosure of
2203+26 information that is highly personal or objectionable to a
2204+
2205+
2206+
2207+
2208+
2209+ HB5511 Enrolled - 63 - LRB103 38791 MXP 68928 b
2210+
2211+
2212+HB5511 Enrolled- 64 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 64 - LRB103 38791 MXP 68928 b
2213+ HB5511 Enrolled - 64 - LRB103 38791 MXP 68928 b
2214+1 reasonable person and in which the subject's right to
2215+2 privacy outweighs any legitimate public interest in
2216+3 obtaining the information. The disclosure of information
2217+4 that bears on the public duties of public employees and
2218+5 officials shall not be considered an invasion of personal
2219+6 privacy.
2220+7 (d) Records in the possession of any public body
2221+8 created in the course of administrative enforcement
2222+9 proceedings, and any law enforcement or correctional
2223+10 agency for law enforcement purposes, but only to the
2224+11 extent that disclosure would:
2225+12 (i) interfere with pending or actually and
2226+13 reasonably contemplated law enforcement proceedings
2227+14 conducted by any law enforcement or correctional
2228+15 agency that is the recipient of the request;
2229+16 (ii) interfere with active administrative
2230+17 enforcement proceedings conducted by the public body
2231+18 that is the recipient of the request;
2232+19 (iii) create a substantial likelihood that a
2233+20 person will be deprived of a fair trial or an impartial
2234+21 hearing;
2235+22 (iv) unavoidably disclose the identity of a
2236+23 confidential source, confidential information
2237+24 furnished only by the confidential source, or persons
2238+25 who file complaints with or provide information to
2239+26 administrative, investigative, law enforcement, or
2240+
2241+
2242+
2243+
2244+
2245+ HB5511 Enrolled - 64 - LRB103 38791 MXP 68928 b
2246+
2247+
2248+HB5511 Enrolled- 65 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 65 - LRB103 38791 MXP 68928 b
2249+ HB5511 Enrolled - 65 - LRB103 38791 MXP 68928 b
2250+1 penal agencies; except that the identities of
2251+2 witnesses to traffic crashes, traffic crash reports,
2252+3 and rescue reports shall be provided by agencies of
2253+4 local government, except when disclosure would
2254+5 interfere with an active criminal investigation
2255+6 conducted by the agency that is the recipient of the
2256+7 request;
2257+8 (v) disclose unique or specialized investigative
2258+9 techniques other than those generally used and known
2259+10 or disclose internal documents of correctional
2260+11 agencies related to detection, observation, or
2261+12 investigation of incidents of crime or misconduct, and
2262+13 disclosure would result in demonstrable harm to the
2263+14 agency or public body that is the recipient of the
2264+15 request;
2265+16 (vi) endanger the life or physical safety of law
2266+17 enforcement personnel or any other person; or
2267+18 (vii) obstruct an ongoing criminal investigation
2268+19 by the agency that is the recipient of the request.
2269+20 (d-5) A law enforcement record created for law
2270+21 enforcement purposes and contained in a shared electronic
2271+22 record management system if the law enforcement agency
2272+23 that is the recipient of the request did not create the
2273+24 record, did not participate in or have a role in any of the
2274+25 events which are the subject of the record, and only has
2275+26 access to the record through the shared electronic record
2276+
2277+
2278+
2279+
2280+
2281+ HB5511 Enrolled - 65 - LRB103 38791 MXP 68928 b
2282+
2283+
2284+HB5511 Enrolled- 66 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 66 - LRB103 38791 MXP 68928 b
2285+ HB5511 Enrolled - 66 - LRB103 38791 MXP 68928 b
2286+1 management system.
2287+2 (d-6) Records contained in the Officer Professional
2288+3 Conduct Database under Section 9.2 of the Illinois Police
2289+4 Training Act, except to the extent authorized under that
2290+5 Section. This includes the documents supplied to the
2291+6 Illinois Law Enforcement Training Standards Board from the
2292+7 Illinois State Police and Illinois State Police Merit
2293+8 Board.
2294+9 (d-7) Information gathered or records created from the
2295+10 use of automatic license plate readers in connection with
2296+11 Section 2-130 of the Illinois Vehicle Code.
2297+12 (e) Records that relate to or affect the security of
2298+13 correctional institutions and detention facilities.
2299+14 (e-5) Records requested by persons committed to the
2300+15 Department of Corrections, Department of Human Services
2301+16 Division of Mental Health, or a county jail if those
2302+17 materials are available in the library of the correctional
2303+18 institution or facility or jail where the inmate is
2304+19 confined.
2305+20 (e-6) Records requested by persons committed to the
2306+21 Department of Corrections, Department of Human Services
2307+22 Division of Mental Health, or a county jail if those
2308+23 materials include records from staff members' personnel
2309+24 files, staff rosters, or other staffing assignment
2310+25 information.
2311+26 (e-7) Records requested by persons committed to the
2312+
2313+
2314+
2315+
2316+
2317+ HB5511 Enrolled - 66 - LRB103 38791 MXP 68928 b
2318+
2319+
2320+HB5511 Enrolled- 67 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 67 - LRB103 38791 MXP 68928 b
2321+ HB5511 Enrolled - 67 - LRB103 38791 MXP 68928 b
2322+1 Department of Corrections or Department of Human Services
2323+2 Division of Mental Health if those materials are available
2324+3 through an administrative request to the Department of
2325+4 Corrections or Department of Human Services Division of
2326+5 Mental Health.
2327+6 (e-8) Records requested by a person committed to the
2328+7 Department of Corrections, Department of Human Services
2329+8 Division of Mental Health, or a county jail, the
2330+9 disclosure of which would result in the risk of harm to any
2331+10 person or the risk of an escape from a jail or correctional
2332+11 institution or facility.
2333+12 (e-9) Records requested by a person in a county jail
2334+13 or committed to the Department of Corrections or
2335+14 Department of Human Services Division of Mental Health,
2336+15 containing personal information pertaining to the person's
2337+16 victim or the victim's family, including, but not limited
2338+17 to, a victim's home address, home telephone number, work
2339+18 or school address, work telephone number, social security
2340+19 number, or any other identifying information, except as
2341+20 may be relevant to a requester's current or potential case
2342+21 or claim.
2343+22 (e-10) Law enforcement records of other persons
2344+23 requested by a person committed to the Department of
2345+24 Corrections, Department of Human Services Division of
2346+25 Mental Health, or a county jail, including, but not
2347+26 limited to, arrest and booking records, mug shots, and
2348+
2349+
2350+
2351+
2352+
2353+ HB5511 Enrolled - 67 - LRB103 38791 MXP 68928 b
2354+
2355+
2356+HB5511 Enrolled- 68 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 68 - LRB103 38791 MXP 68928 b
2357+ HB5511 Enrolled - 68 - LRB103 38791 MXP 68928 b
2358+1 crime scene photographs, except as these records may be
2359+2 relevant to the requester's current or potential case or
2360+3 claim.
2361+4 (f) Preliminary drafts, notes, recommendations,
2362+5 memoranda, and other records in which opinions are
2363+6 expressed, or policies or actions are formulated, except
2364+7 that a specific record or relevant portion of a record
2365+8 shall not be exempt when the record is publicly cited and
2366+9 identified by the head of the public body. The exemption
2367+10 provided in this paragraph (f) extends to all those
2368+11 records of officers and agencies of the General Assembly
2369+12 that pertain to the preparation of legislative documents.
2370+13 (g) Trade secrets and commercial or financial
2371+14 information obtained from a person or business where the
2372+15 trade secrets or commercial or financial information are
2373+16 furnished under a claim that they are proprietary,
2374+17 privileged, or confidential, and that disclosure of the
2375+18 trade secrets or commercial or financial information would
2376+19 cause competitive harm to the person or business, and only
2377+20 insofar as the claim directly applies to the records
2378+21 requested.
2379+22 The information included under this exemption includes
2380+23 all trade secrets and commercial or financial information
2381+24 obtained by a public body, including a public pension
2382+25 fund, from a private equity fund or a privately held
2383+26 company within the investment portfolio of a private
2384+
2385+
2386+
2387+
2388+
2389+ HB5511 Enrolled - 68 - LRB103 38791 MXP 68928 b
2390+
2391+
2392+HB5511 Enrolled- 69 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 69 - LRB103 38791 MXP 68928 b
2393+ HB5511 Enrolled - 69 - LRB103 38791 MXP 68928 b
2394+1 equity fund as a result of either investing or evaluating
2395+2 a potential investment of public funds in a private equity
2396+3 fund. The exemption contained in this item does not apply
2397+4 to the aggregate financial performance information of a
2398+5 private equity fund, nor to the identity of the fund's
2399+6 managers or general partners. The exemption contained in
2400+7 this item does not apply to the identity of a privately
2401+8 held company within the investment portfolio of a private
2402+9 equity fund, unless the disclosure of the identity of a
2403+10 privately held company may cause competitive harm.
2404+11 Nothing contained in this paragraph (g) shall be
2405+12 construed to prevent a person or business from consenting
2406+13 to disclosure.
2407+14 (h) Proposals and bids for any contract, grant, or
2408+15 agreement, including information which if it were
2409+16 disclosed would frustrate procurement or give an advantage
2410+17 to any person proposing to enter into a contractor
2411+18 agreement with the body, until an award or final selection
2412+19 is made. Information prepared by or for the body in
2413+20 preparation of a bid solicitation shall be exempt until an
2414+21 award or final selection is made.
2415+22 (i) Valuable formulae, computer geographic systems,
2416+23 designs, drawings, and research data obtained or produced
2417+24 by any public body when disclosure could reasonably be
2418+25 expected to produce private gain or public loss. The
2419+26 exemption for "computer geographic systems" provided in
2420+
2421+
2422+
2423+
2424+
2425+ HB5511 Enrolled - 69 - LRB103 38791 MXP 68928 b
2426+
2427+
2428+HB5511 Enrolled- 70 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 70 - LRB103 38791 MXP 68928 b
2429+ HB5511 Enrolled - 70 - LRB103 38791 MXP 68928 b
2430+1 this paragraph (i) does not extend to requests made by
2431+2 news media as defined in Section 2 of this Act when the
2432+3 requested information is not otherwise exempt and the only
2433+4 purpose of the request is to access and disseminate
2434+5 information regarding the health, safety, welfare, or
2435+6 legal rights of the general public.
2436+7 (j) The following information pertaining to
2437+8 educational matters:
2438+9 (i) test questions, scoring keys, and other
2439+10 examination data used to administer an academic
2440+11 examination;
2441+12 (ii) information received by a primary or
2442+13 secondary school, college, or university under its
2443+14 procedures for the evaluation of faculty members by
2444+15 their academic peers;
2445+16 (iii) information concerning a school or
2446+17 university's adjudication of student disciplinary
2447+18 cases, but only to the extent that disclosure would
2448+19 unavoidably reveal the identity of the student; and
2449+20 (iv) course materials or research materials used
2450+21 by faculty members.
2451+22 (k) Architects' plans, engineers' technical
2452+23 submissions, and other construction related technical
2453+24 documents for projects not constructed or developed in
2454+25 whole or in part with public funds and the same for
2455+26 projects constructed or developed with public funds,
2456+
2457+
2458+
2459+
2460+
2461+ HB5511 Enrolled - 70 - LRB103 38791 MXP 68928 b
2462+
2463+
2464+HB5511 Enrolled- 71 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 71 - LRB103 38791 MXP 68928 b
2465+ HB5511 Enrolled - 71 - LRB103 38791 MXP 68928 b
2466+1 including, but not limited to, power generating and
2467+2 distribution stations and other transmission and
2468+3 distribution facilities, water treatment facilities,
2469+4 airport facilities, sport stadiums, convention centers,
2470+5 and all government owned, operated, or occupied buildings,
2471+6 but only to the extent that disclosure would compromise
2472+7 security.
2473+8 (l) Minutes of meetings of public bodies closed to the
2474+9 public as provided in the Open Meetings Act until the
2475+10 public body makes the minutes available to the public
2476+11 under Section 2.06 of the Open Meetings Act.
2477+12 (m) Communications between a public body and an
2478+13 attorney or auditor representing the public body that
2479+14 would not be subject to discovery in litigation, and
2480+15 materials prepared or compiled by or for a public body in
2481+16 anticipation of a criminal, civil, or administrative
2482+17 proceeding upon the request of an attorney advising the
2483+18 public body, and materials prepared or compiled with
2484+19 respect to internal audits of public bodies.
2485+20 (n) Records relating to a public body's adjudication
2486+21 of employee grievances or disciplinary cases; however,
2487+22 this exemption shall not extend to the final outcome of
2488+23 cases in which discipline is imposed.
2489+24 (o) Administrative or technical information associated
2490+25 with automated data processing operations, including, but
2491+26 not limited to, software, operating protocols, computer
2492+
2493+
2494+
2495+
2496+
2497+ HB5511 Enrolled - 71 - LRB103 38791 MXP 68928 b
2498+
2499+
2500+HB5511 Enrolled- 72 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 72 - LRB103 38791 MXP 68928 b
2501+ HB5511 Enrolled - 72 - LRB103 38791 MXP 68928 b
2502+1 program abstracts, file layouts, source listings, object
2503+2 modules, load modules, user guides, documentation
2504+3 pertaining to all logical and physical design of
2505+4 computerized systems, employee manuals, and any other
2506+5 information that, if disclosed, would jeopardize the
2507+6 security of the system or its data or the security of
2508+7 materials exempt under this Section.
2509+8 (p) Records relating to collective negotiating matters
2510+9 between public bodies and their employees or
2511+10 representatives, except that any final contract or
2512+11 agreement shall be subject to inspection and copying.
2513+12 (q) Test questions, scoring keys, and other
2514+13 examination data used to determine the qualifications of
2515+14 an applicant for a license or employment.
2516+15 (r) The records, documents, and information relating
2517+16 to real estate purchase negotiations until those
2518+17 negotiations have been completed or otherwise terminated.
2519+18 With regard to a parcel involved in a pending or actually
2520+19 and reasonably contemplated eminent domain proceeding
2521+20 under the Eminent Domain Act, records, documents, and
2522+21 information relating to that parcel shall be exempt except
2523+22 as may be allowed under discovery rules adopted by the
2524+23 Illinois Supreme Court. The records, documents, and
2525+24 information relating to a real estate sale shall be exempt
2526+25 until a sale is consummated.
2527+26 (s) Any and all proprietary information and records
2528+
2529+
2530+
2531+
2532+
2533+ HB5511 Enrolled - 72 - LRB103 38791 MXP 68928 b
2534+
2535+
2536+HB5511 Enrolled- 73 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 73 - LRB103 38791 MXP 68928 b
2537+ HB5511 Enrolled - 73 - LRB103 38791 MXP 68928 b
2538+1 related to the operation of an intergovernmental risk
2539+2 management association or self-insurance pool or jointly
2540+3 self-administered health and accident cooperative or pool.
2541+4 Insurance or self-insurance (including any
2542+5 intergovernmental risk management association or
2543+6 self-insurance pool) claims, loss or risk management
2544+7 information, records, data, advice, or communications.
2545+8 (t) Information contained in or related to
2546+9 examination, operating, or condition reports prepared by,
2547+10 on behalf of, or for the use of a public body responsible
2548+11 for the regulation or supervision of financial
2549+12 institutions, insurance companies, or pharmacy benefit
2550+13 managers, unless disclosure is otherwise required by State
2551+14 law.
2552+15 (u) Information that would disclose or might lead to
2553+16 the disclosure of secret or confidential information,
2554+17 codes, algorithms, programs, or private keys intended to
2555+18 be used to create electronic signatures under the Uniform
2556+19 Electronic Transactions Act.
2557+20 (v) Vulnerability assessments, security measures, and
2558+21 response policies or plans that are designed to identify,
2559+22 prevent, or respond to potential attacks upon a
2560+23 community's population or systems, facilities, or
2561+24 installations, but only to the extent that disclosure
2562+25 could reasonably be expected to expose the vulnerability
2563+26 or jeopardize the effectiveness of the measures, policies,
2564+
2565+
2566+
2567+
2568+
2569+ HB5511 Enrolled - 73 - LRB103 38791 MXP 68928 b
2570+
2571+
2572+HB5511 Enrolled- 74 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 74 - LRB103 38791 MXP 68928 b
2573+ HB5511 Enrolled - 74 - LRB103 38791 MXP 68928 b
2574+1 or plans, or the safety of the personnel who implement
2575+2 them or the public. Information exempt under this item may
2576+3 include such things as details pertaining to the
2577+4 mobilization or deployment of personnel or equipment, to
2578+5 the operation of communication systems or protocols, to
2579+6 cybersecurity vulnerabilities, or to tactical operations.
2580+7 (w) (Blank).
2581+8 (x) Maps and other records regarding the location or
2582+9 security of generation, transmission, distribution,
2583+10 storage, gathering, treatment, or switching facilities
2584+11 owned by a utility, by a power generator, or by the
2585+12 Illinois Power Agency.
2586+13 (y) Information contained in or related to proposals,
2587+14 bids, or negotiations related to electric power
2588+15 procurement under Section 1-75 of the Illinois Power
2589+16 Agency Act and Section 16-111.5 of the Public Utilities
2590+17 Act that is determined to be confidential and proprietary
2591+18 by the Illinois Power Agency or by the Illinois Commerce
2592+19 Commission.
2593+20 (z) Information about students exempted from
2594+21 disclosure under Section 10-20.38 or 34-18.29 of the
2595+22 School Code, and information about undergraduate students
2596+23 enrolled at an institution of higher education exempted
2597+24 from disclosure under Section 25 of the Illinois Credit
2598+25 Card Marketing Act of 2009.
2599+26 (aa) Information the disclosure of which is exempted
2600+
2601+
2602+
2603+
2604+
2605+ HB5511 Enrolled - 74 - LRB103 38791 MXP 68928 b
2606+
2607+
2608+HB5511 Enrolled- 75 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 75 - LRB103 38791 MXP 68928 b
2609+ HB5511 Enrolled - 75 - LRB103 38791 MXP 68928 b
2610+1 under the Viatical Settlements Act of 2009.
2611+2 (bb) Records and information provided to a mortality
2612+3 review team and records maintained by a mortality review
2613+4 team appointed under the Department of Juvenile Justice
2614+5 Mortality Review Team Act.
2615+6 (cc) Information regarding interments, entombments, or
2616+7 inurnments of human remains that are submitted to the
2617+8 Cemetery Oversight Database under the Cemetery Care Act or
2618+9 the Cemetery Oversight Act, whichever is applicable.
2619+10 (dd) Correspondence and records (i) that may not be
2620+11 disclosed under Section 11-9 of the Illinois Public Aid
2621+12 Code or (ii) that pertain to appeals under Section 11-8 of
2622+13 the Illinois Public Aid Code.
2623+14 (ee) The names, addresses, or other personal
2624+15 information of persons who are minors and are also
2625+16 participants and registrants in programs of park
2626+17 districts, forest preserve districts, conservation
2627+18 districts, recreation agencies, and special recreation
2628+19 associations.
2629+20 (ff) The names, addresses, or other personal
2630+21 information of participants and registrants in programs of
2631+22 park districts, forest preserve districts, conservation
2632+23 districts, recreation agencies, and special recreation
2633+24 associations where such programs are targeted primarily to
2634+25 minors.
2635+26 (gg) Confidential information described in Section
2636+
2637+
2638+
2639+
2640+
2641+ HB5511 Enrolled - 75 - LRB103 38791 MXP 68928 b
2642+
2643+
2644+HB5511 Enrolled- 76 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 76 - LRB103 38791 MXP 68928 b
2645+ HB5511 Enrolled - 76 - LRB103 38791 MXP 68928 b
2646+1 1-100 of the Illinois Independent Tax Tribunal Act of
2647+2 2012.
2648+3 (hh) The report submitted to the State Board of
2649+4 Education by the School Security and Standards Task Force
2650+5 under item (8) of subsection (d) of Section 2-3.160 of the
2651+6 School Code and any information contained in that report.
2652+7 (ii) Records requested by persons committed to or
2653+8 detained by the Department of Human Services under the
2654+9 Sexually Violent Persons Commitment Act or committed to
2655+10 the Department of Corrections under the Sexually Dangerous
2656+11 Persons Act if those materials: (i) are available in the
2657+12 library of the facility where the individual is confined;
2658+13 (ii) include records from staff members' personnel files,
2659+14 staff rosters, or other staffing assignment information;
2660+15 or (iii) are available through an administrative request
2661+16 to the Department of Human Services or the Department of
2662+17 Corrections.
2663+18 (jj) Confidential information described in Section
2664+19 5-535 of the Civil Administrative Code of Illinois.
2665+20 (kk) The public body's credit card numbers, debit card
2666+21 numbers, bank account numbers, Federal Employer
2667+22 Identification Number, security code numbers, passwords,
2668+23 and similar account information, the disclosure of which
2669+24 could result in identity theft or impression or defrauding
2670+25 of a governmental entity or a person.
2671+26 (ll) Records concerning the work of the threat
2672+
2673+
2674+
2675+
2676+
2677+ HB5511 Enrolled - 76 - LRB103 38791 MXP 68928 b
2678+
2679+
2680+HB5511 Enrolled- 77 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 77 - LRB103 38791 MXP 68928 b
2681+ HB5511 Enrolled - 77 - LRB103 38791 MXP 68928 b
2682+1 assessment team of a school district, including, but not
2683+2 limited to, any threat assessment procedure under the
2684+3 School Safety Drill Act and any information contained in
2685+4 the procedure.
2686+5 (mm) Information prohibited from being disclosed under
2687+6 subsections (a) and (b) of Section 15 of the Student
2688+7 Confidential Reporting Act.
2689+8 (nn) Proprietary information submitted to the
2690+9 Environmental Protection Agency under the Drug Take-Back
2691+10 Act.
2692+11 (oo) Records described in subsection (f) of Section
2693+12 3-5-1 of the Unified Code of Corrections.
2694+13 (pp) Any and all information regarding burials,
2695+14 interments, or entombments of human remains as required to
2696+15 be reported to the Department of Natural Resources
2697+16 pursuant either to the Archaeological and Paleontological
2698+17 Resources Protection Act or the Human Remains Protection
2699+18 Act.
2700+19 (qq) (pp) Reports described in subsection (e) of
2701+20 Section 16-15 of the Abortion Care Clinical Training
2702+21 Program Act.
2703+22 (rr) (pp) Information obtained by a certified local
2704+23 health department under the Access to Public Health Data
2705+24 Act.
2706+25 (ss) (pp) For a request directed to a public body that
2707+26 is also a HIPAA-covered entity, all information that is
2708+
2709+
2710+
2711+
2712+
2713+ HB5511 Enrolled - 77 - LRB103 38791 MXP 68928 b
2714+
2715+
2716+HB5511 Enrolled- 78 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 78 - LRB103 38791 MXP 68928 b
2717+ HB5511 Enrolled - 78 - LRB103 38791 MXP 68928 b
2718+1 protected health information, including demographic
2719+2 information, that may be contained within or extracted
2720+3 from any record held by the public body in compliance with
2721+4 State and federal medical privacy laws and regulations,
2722+5 including, but not limited to, the Health Insurance
2723+6 Portability and Accountability Act and its regulations, 45
2724+7 CFR Parts 160 and 164. As used in this paragraph,
2725+8 "HIPAA-covered entity" has the meaning given to the term
2726+9 "covered entity" in 45 CFR 160.103 and "protected health
2727+10 information" has the meaning given to that term in 45 CFR
2728+11 160.103.
2729+12 (tt) Proposals or bids submitted by engineering
2730+13 consultants in response to requests for proposal or other
2731+14 competitive bidding requests by the Department of
2732+15 Transportation or the Illinois Toll Highway Authority.
2733+16 (1.5) Any information exempt from disclosure under the
2734+17 Judicial Privacy Act shall be redacted from public records
2735+18 prior to disclosure under this Act.
2736+19 (2) A public record that is not in the possession of a
2737+20 public body but is in the possession of a party with whom the
2738+21 agency has contracted to perform a governmental function on
2739+22 behalf of the public body, and that directly relates to the
2740+23 governmental function and is not otherwise exempt under this
2741+24 Act, shall be considered a public record of the public body,
2742+25 for purposes of this Act.
2743+26 (3) This Section does not authorize withholding of
2744+
2745+
2746+
2747+
2748+
2749+ HB5511 Enrolled - 78 - LRB103 38791 MXP 68928 b
2750+
2751+
2752+HB5511 Enrolled- 79 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 79 - LRB103 38791 MXP 68928 b
2753+ HB5511 Enrolled - 79 - LRB103 38791 MXP 68928 b
2754+1 information or limit the availability of records to the
2755+2 public, except as stated in this Section or otherwise provided
2756+3 in this Act.
2757+4 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
2758+5 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
2759+6 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
2760+7 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
2761+8 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
2762+9 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
2763+10 9-7-23.)
2764+11 Section 10-10. The Illinois Procurement Code is amended by
2765+12 changing Section 50-39 as follows:
2766+13 (30 ILCS 500/50-39)
2767+14 Sec. 50-39. Procurement communications reporting
2768+15 requirement.
2769+16 (a) Any written or oral communication received by a State
2770+17 employee who, by the nature of his or her duties, has the
2771+18 authority to participate personally and substantially in the
2772+19 decision to award a State contract and that imparts or
2773+20 requests material information or makes a material argument
2774+21 regarding potential action concerning an active procurement
2775+22 matter, including, but not limited to, an application, a
2776+23 contract, or a project, shall be reported to the Procurement
2777+24 Policy Board, and, with respect to the Illinois Power Agency,
2778+
2779+
2780+
2781+
2782+
2783+ HB5511 Enrolled - 79 - LRB103 38791 MXP 68928 b
2784+
2785+
2786+HB5511 Enrolled- 80 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 80 - LRB103 38791 MXP 68928 b
2787+ HB5511 Enrolled - 80 - LRB103 38791 MXP 68928 b
2788+1 by the initiator of the communication, and may be reported
2789+2 also by the recipient.
2790+3 Any person communicating orally, in writing,
2791+4 electronically, or otherwise with the Director or any person
2792+5 employed by, or associated with, the Illinois Power Agency to
2793+6 impart, solicit, or transfer any information related to the
2794+7 content of any power procurement plan, the manner of
2795+8 conducting any power procurement process, the procurement of
2796+9 any power supply, or the method or structure of contracting
2797+10 with power suppliers must disclose to the Procurement Policy
2798+11 Board the full nature, content, and extent of any such
2799+12 communication in writing by submitting a report with the
2800+13 following information:
2801+14 (1) The names of any party to the communication.
2802+15 (2) The date on which the communication occurred.
2803+16 (3) The time at which the communication occurred.
2804+17 (4) The duration of the communication.
2805+18 (5) The method (written, oral, etc.) of the
2806+19 communication.
2807+20 (6) A summary of the substantive content of the
2808+21 communication.
2809+22 These communications do not include the following: (i)
2810+23 statements by a person publicly made in a public forum; (ii)
2811+24 statements regarding matters of procedure and practice, such
2812+25 as format, the number of copies required, the manner of
2813+26 filing, and the status of a matter; (iii) statements made by a
2814+
2815+
2816+
2817+
2818+
2819+ HB5511 Enrolled - 80 - LRB103 38791 MXP 68928 b
2820+
2821+
2822+HB5511 Enrolled- 81 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 81 - LRB103 38791 MXP 68928 b
2823+ HB5511 Enrolled - 81 - LRB103 38791 MXP 68928 b
2824+1 State employee of the agency to the agency head or other
2825+2 employees of that agency, to the employees of the Executive
2826+3 Ethics Commission, or to an employee of another State agency
2827+4 who, through the communication, is either (a) exercising his
2828+5 or her experience or expertise in the subject matter of the
2829+6 particular procurement in the normal course of business, for
2830+7 official purposes, and at the initiation of the purchasing
2831+8 agency or the appropriate State purchasing officer, or (b)
2832+9 exercising oversight, supervisory, or management authority
2833+10 over the procurement in the normal course of business and as
2834+11 part of official responsibilities; (iv) unsolicited
2835+12 communications providing general information about a firm's
2836+13 products or , services, or industry best practices provided
2837+14 before those products or services are not directly related to
2838+15 an open procurement matter become involved in a procurement
2839+16 matter; (v) communications received in response to procurement
2840+17 solicitations, including, but not limited to, vendor responses
2841+18 to a request for information, request for proposal, request
2842+19 for qualifications, invitation for bid, or a small purchase,
2843+20 sole source, or emergency solicitation, or questions and
2844+21 answers posted to the Illinois Procurement Bulletin to
2845+22 supplement the procurement action, provided that the
2846+23 communications are made in accordance with the instructions
2847+24 contained in the procurement solicitation, procedures, or
2848+25 guidelines; (vi) communications that are privileged,
2849+26 protected, or confidential under law; and (vii) communications
2850+
2851+
2852+
2853+
2854+
2855+ HB5511 Enrolled - 81 - LRB103 38791 MXP 68928 b
2856+
2857+
2858+HB5511 Enrolled- 82 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 82 - LRB103 38791 MXP 68928 b
2859+ HB5511 Enrolled - 82 - LRB103 38791 MXP 68928 b
2860+1 that are part of a formal procurement process as set out by
2861+2 statute, rule, or the solicitation, guidelines, or procedures,
2862+3 including, but not limited to, the posting of procurement
2863+4 opportunities, the process for approving a procurement
2864+5 business case or its equivalent, fiscal approval, submission
2865+6 of bids, the finalizing of contract terms and conditions with
2866+7 an awardee or apparent awardee, and similar formal procurement
2867+8 processes; and (viii) communications about proposal
2868+9 deficiencies as provided under Section 35 of the
2869+10 Architectural, Engineering, and Land Surveying Qualifications
2870+11 Based Selection Act. The provisions of this Section shall not
2871+12 apply to communications regarding the administration and
2872+13 implementation of an existing contract, except communications
2873+14 regarding change orders or the renewal or extension of a
2874+15 contract.
2875+16 The reporting requirement does not apply to any
2876+17 communication asking for clarification regarding a contract
2877+18 solicitation so long as there is no competitive advantage to
2878+19 the person or business and the question and answer, if
2879+20 material, are posted to the Illinois Procurement Bulletin as
2880+21 an addendum to the contract solicitation.
2881+22 (b) The report required by subsection (a) shall be
2882+23 submitted monthly and include at least the following: (i) the
2883+24 date and time of each communication; (ii) the identity of each
2884+25 person from whom the written or oral communication was
2885+26 received, the individual or entity represented by that person,
2886+
2887+
2888+
2889+
2890+
2891+ HB5511 Enrolled - 82 - LRB103 38791 MXP 68928 b
2892+
2893+
2894+HB5511 Enrolled- 83 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 83 - LRB103 38791 MXP 68928 b
2895+ HB5511 Enrolled - 83 - LRB103 38791 MXP 68928 b
2896+1 and any action the person requested or recommended; (iii) the
2897+2 identity and job title of the person to whom each
2898+3 communication was made; (iv) if a response is made, the
2899+4 identity and job title of the person making each response; (v)
2900+5 a detailed summary of the points made by each person involved
2901+6 in the communication; (vi) the duration of the communication;
2902+7 (vii) the location or locations of all persons involved in the
2903+8 communication and, if the communication occurred by telephone,
2904+9 the telephone numbers for the callers and recipients of the
2905+10 communication; and (viii) any other pertinent information. No
2906+11 trade secrets or other proprietary or confidential information
2907+12 shall be included in any communication reported to the
2908+13 Procurement Policy Board.
2909+14 (c) Additionally, when an oral communication made by a
2910+15 person required to register under the Lobbyist Registration
2911+16 Act is received by a State employee that is covered under this
2912+17 Section, all individuals who initiate or participate in the
2913+18 oral communication shall submit a written report to that State
2914+19 employee that memorializes the communication and includes, but
2915+20 is not limited to, the items listed in subsection (b).
2916+21 (d) The Procurement Policy Board shall make each report
2917+22 submitted pursuant to this Section available on its website
2918+23 within 7 calendar days after its receipt of the report. The
2919+24 Procurement Policy Board may promulgate rules to ensure
2920+25 compliance with this Section.
2921+26 (e) The reporting requirements shall also be conveyed
2922+
2923+
2924+
2925+
2926+
2927+ HB5511 Enrolled - 83 - LRB103 38791 MXP 68928 b
2928+
2929+
2930+HB5511 Enrolled- 84 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 84 - LRB103 38791 MXP 68928 b
2931+ HB5511 Enrolled - 84 - LRB103 38791 MXP 68928 b
2932+1 through ethics training under the State Officials and
2933+2 Employees Ethics Act. An employee who knowingly and
2934+3 intentionally violates this Section shall be subject to
2935+4 suspension or discharge. The Executive Ethics Commission shall
2936+5 promulgate rules, including emergency rules, to implement this
2937+6 Section.
2938+7 (f) This Section becomes operative on January 1, 2011.
2939+8 (g) For purposes of this Section:
2940+9 "Active procurement matter" means a procurement process
2941+10 beginning with requisition or determination of need by an
2942+11 agency and continuing through the publication of an award
2943+12 notice or other completion of a final procurement action, the
2944+13 resolution of any protests, and the expiration of any protest
2945+14 or Procurement Policy Board review period, if applicable.
2946+15 "Active procurement matter" also includes communications
2947+16 relating to change orders, renewals, or extensions.
2948+17 "Material information" means information that a reasonable
2949+18 person would deem important in determining his or her course
2950+19 of action and pertains to significant issues, including, but
2951+20 not limited to, price, quantity, and terms of payment or
2952+21 performance.
2953+22 "Material argument" means a communication that a
2954+23 reasonable person would believe was made for the purpose of
2955+24 influencing a decision relating to a procurement matter.
2956+25 "Material argument" does not include general information about
2957+26 products, services, or industry best practices or a response
2958+
2959+
2960+
2961+
2962+
2963+ HB5511 Enrolled - 84 - LRB103 38791 MXP 68928 b
2964+
2965+
2966+HB5511 Enrolled- 85 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 85 - LRB103 38791 MXP 68928 b
2967+ HB5511 Enrolled - 85 - LRB103 38791 MXP 68928 b
2968+1 to a communication initiated by an employee of the State for
2969+2 the purposes of providing information to evaluate new
2970+3 products, trends, services, or technologies.
2971+4 (Source: P.A. 100-43, eff. 8-9-17.)
2972+5 Section 10-15. The Architectural, Engineering, and Land
2973+6 Surveying Qualifications Based Selection Act is amended by
2974+7 changing Section 35 as follows:
2975+8 (30 ILCS 535/35) (from Ch. 127, par. 4151-35)
2976+9 Sec. 35. Selection procedure. On the basis of evaluations,
2977+10 discussions, and any presentations, the State agency shall
2978+11 select no less than 3 firms it determines to be qualified to
2979+12 provide services for the project and rank them in order of
2980+13 qualifications to provide services regarding the specific
2981+14 project. The State agency shall then contact the firm ranked
2982+15 most preferred to negotiate a contract at a fair and
2983+16 reasonable compensation. If fewer than 3 firms submit letters
2984+17 of interest and the State agency determines that one or both of
2985+18 those firms are so qualified, the State agency may proceed to
2986+19 negotiate a contract under Section 40. The decision of the
2987+20 State agency shall be final and binding.
2988+21 As part of the State agency's commitment to fostering
2989+22 greater diversity in contracting, the State agency may
2990+23 communicate with firms who were not selected in order to
2991+24 provide further information about the firm's proposal
2992+
2993+
2994+
2995+
2996+
2997+ HB5511 Enrolled - 85 - LRB103 38791 MXP 68928 b
2998+
2999+
3000+HB5511 Enrolled- 86 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 86 - LRB103 38791 MXP 68928 b
3001+ HB5511 Enrolled - 86 - LRB103 38791 MXP 68928 b
3002+1 deficiencies.
3003+2 (Source: P.A. 87-673.)
3004+3 ARTICLE 15.
3005+4 Section 15-5. The Governmental Joint Purchasing Act is
3006+5 amended by changing Section 2 as follows:
3007+6 (30 ILCS 525/2) (from Ch. 85, par. 1602)
3008+7 Sec. 2. Joint purchasing authority.
3009+8 (a) Any governmental unit, except a governmental unit
3010+9 subject to the jurisdiction of a chief procurement officer
3011+10 established in Section 10-20 of the Illinois Procurement Code,
3012+11 may purchase personal property, supplies and services jointly
3013+12 with one or more other governmental units. All such joint
3014+13 purchases shall be by competitive solicitation as provided in
3015+14 Section 4, except as otherwise provided in this Act. The
3016+15 provisions of any other acts under which a governmental unit
3017+16 operates which refer to purchases and procedures in connection
3018+17 therewith shall be superseded by the provisions of this Act
3019+18 when the governmental units are exercising the joint powers
3020+19 created by this Act.
3021+20 (a-5) For purchases made by a governmental unit subject to
3022+21 the jurisdiction of a chief procurement officer established in
3023+22 Section 10-20 of the Illinois Procurement Code, the applicable
3024+23 chief procurement officer established in Section 10-20 of the
3025+
3026+
3027+
3028+
3029+
3030+ HB5511 Enrolled - 86 - LRB103 38791 MXP 68928 b
3031+
3032+
3033+HB5511 Enrolled- 87 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 87 - LRB103 38791 MXP 68928 b
3034+ HB5511 Enrolled - 87 - LRB103 38791 MXP 68928 b
3035+1 Illinois Procurement Code may authorize the purchase of
3036+2 supplies and services jointly with a governmental unit of this
3037+3 State, governmental entity of another state, or with a
3038+4 consortium of governmental entities of one or more other
3039+5 states, except as otherwise provided in this Act. Subject to
3040+6 provisions of the joint purchasing solicitation, the
3041+7 appropriate chief procurement officer may designate the
3042+8 resulting contract as available to governmental units in
3043+9 Illinois.
3044+10 (a-10) Each chief procurement officer appointed pursuant
3045+11 to Section 10-20 of the Illinois Procurement Code, with joint
3046+12 agreement of the respective agency or institution, may
3047+13 authorize the purchase or lease of supplies and services which
3048+14 have been procured through a competitive process by a federal
3049+15 agency; a consortium of governmental, educational, medical,
3050+16 research, or similar entities; or a group purchasing
3051+17 organization of which the chief procurement officer or State
3052+18 agency is a member or affiliate, including, without
3053+19 limitation, any purchasing entity operating under the federal
3054+20 General Services Administration, the Higher Education
3055+21 Cooperation Act, and the Midwestern Higher Education Compact
3056+22 Act. Each applicable chief procurement officer may authorize
3057+23 purchases and contracts which have been procured through other
3058+24 methods of procurement if each chief procurement officer
3059+25 determines it is in the best interests of the State,
3060+26 considering a recommendation by their respective agencies or
3061+
3062+
3063+
3064+
3065+
3066+ HB5511 Enrolled - 87 - LRB103 38791 MXP 68928 b
3067+
3068+
3069+HB5511 Enrolled- 88 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 88 - LRB103 38791 MXP 68928 b
3070+ HB5511 Enrolled - 88 - LRB103 38791 MXP 68928 b
3071+1 institutions. The chief procurement officer may establish
3072+2 detailed rules, policies, and procedures for use of these
3073+3 cooperative contracts. Notice of award shall be published by
3074+4 the chief procurement officer in the Illinois Procurement
3075+5 Bulletin at least prior to use of the contract. Each chief
3076+6 procurement officer shall submit to the General Assembly by
3077+7 November 1 of each year a report of procurements made under
3078+8 this subsection (a-10).
3079+9 (a-15) Each chief procurement officer appointed pursuant
3080+10 to Section 10-20 of the Illinois Procurement Code may
3081+11 authorize any governmental unit of this State to purchase or
3082+12 lease supplies under a contract which has been procured under
3083+13 the jurisdiction of the Illinois Procurement Code by a
3084+14 governmental unit subject to the jurisdiction of the chief
3085+15 procurement officer. Prior to making the contract available to
3086+16 the governmental unit of this State, the chief procurement
3087+17 officer shall consult with the governmental unit that is party
3088+18 to the contract and is subject to the jurisdiction of the chief
3089+19 procurement officer. A governmental unit of this State that
3090+20 uses a contract pursuant to this subsection shall report each
3091+21 year to the authorizing chief procurement officer the
3092+22 contractor used, supplies purchased, and total value of
3093+23 purchases for each contract. The authorizing chief procurement
3094+24 officer shall submit to the General Assembly by November 1 of
3095+25 each year a report of procurements made under this subsection
3096+26 (a-15).
3097+
3098+
3099+
3100+
3101+
3102+ HB5511 Enrolled - 88 - LRB103 38791 MXP 68928 b
3103+
3104+
3105+HB5511 Enrolled- 89 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 89 - LRB103 38791 MXP 68928 b
3106+ HB5511 Enrolled - 89 - LRB103 38791 MXP 68928 b
3107+1 (b) Any not-for-profit agency that qualifies under Section
3108+2 45-35 of the Illinois Procurement Code and that either (1)
3109+3 acts pursuant to a board established by or controlled by a unit
3110+4 of local government or (2) receives grant funds from the State
3111+5 or from a unit of local government, shall be eligible to
3112+6 participate in contracts established by the State.
3113+7 (c) For governmental units subject to the jurisdiction of
3114+8 a chief procurement officer established in Section 10-20 of
3115+9 the Illinois Procurement Code, if any contract or amendment to
3116+10 a contract is entered into or purchase or expenditure of funds
3117+11 is made at any time in violation of this Act or any other law,
3118+12 the contract or amendment may be declared void by the chief
3119+13 procurement officer or may be ratified and affirmed, if the
3120+14 chief procurement officer determines that ratification is in
3121+15 the best interests of the governmental unit. If the contract
3122+16 or amendment is ratified and affirmed, it shall be without
3123+17 prejudice to the governmental unit's rights to any appropriate
3124+18 damages.
3125+19 (d) This Section does not apply to construction-related
3126+20 professional services contracts awarded in accordance with the
3127+21 provisions of the Architectural, Engineering, and Land
3128+22 Surveying Qualifications Based Selection Act.
3129+23 (Source: P.A. 100-43, eff. 8-9-17.)
3130+24 ARTICLE 20.
3131+
3132+
3133+
3134+
3135+
3136+ HB5511 Enrolled - 89 - LRB103 38791 MXP 68928 b
3137+
3138+
3139+HB5511 Enrolled- 90 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 90 - LRB103 38791 MXP 68928 b
3140+ HB5511 Enrolled - 90 - LRB103 38791 MXP 68928 b
3141+1 Section 20-5. The Illinois Procurement Code is amended by
3142+2 changing Section 40-15 as follows:
3143+3 (30 ILCS 500/40-15)
3144+4 Sec. 40-15. Method of source selection.
3145+5 (a) Request for information. Except as provided in
3146+6 subsections (b) and (c), all State contracts for leases of
3147+7 real property or capital improvements shall be awarded by a
3148+8 request for information process in accordance with Section
3149+9 40-20.
3150+10 (b) Other methods. A request for information process need
3151+11 not be used in procuring any of the following leases:
3152+12 (1) Property of less than 10,000 square feet with base
3153+13 rent of less than $200,000 $100,000 per year.
3154+14 (2) (Blank).
3155+15 (3) Duration of less than one year that cannot be
3156+16 renewed.
3157+17 (4) Specialized space available at only one location.
3158+18 (5) Renewal or extension of a lease; provided that:
3159+19 (i) the chief procurement officer determines in writing
3160+20 that the renewal or extension is in the best interest of
3161+21 the State; (ii) the chief procurement officer submits his
3162+22 or her written determination and the renewal or extension
3163+23 to the Board; (iii) the Board does not object in writing to
3164+24 the renewal or extension within 30 calendar days after its
3165+25 submission; and (iv) the chief procurement officer
3166+
3167+
3168+
3169+
3170+
3171+ HB5511 Enrolled - 90 - LRB103 38791 MXP 68928 b
3172+
3173+
3174+HB5511 Enrolled- 91 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 91 - LRB103 38791 MXP 68928 b
3175+ HB5511 Enrolled - 91 - LRB103 38791 MXP 68928 b
3176+1 publishes the renewal or extension in the appropriate
3177+2 volume of the Procurement Bulletin.
3178+3 (c) Leases with governmental units. Leases with other
3179+4 governmental units may be negotiated without using the request
3180+5 for information process when deemed by the chief procurement
3181+6 officer to be in the best interest of the State.
3182+7 (Source: P.A. 98-1076, eff. 1-1-15.)
3183+8 ARTICLE 25.
3184+9 Section 25-10. The Illinois Procurement Code is amended by
3185+10 changing Section 1-10 as follows:
3186+11 (30 ILCS 500/1-10)
3187+12 Sec. 1-10. Application.
3188+13 (a) This Code applies only to procurements for which
3189+14 bidders, offerors, potential contractors, or contractors were
3190+15 first solicited on or after July 1, 1998. This Code shall not
3191+16 be construed to affect or impair any contract, or any
3192+17 provision of a contract, entered into based on a solicitation
3193+18 prior to the implementation date of this Code as described in
3194+19 Article 99, including, but not limited to, any covenant
3195+20 entered into with respect to any revenue bonds or similar
3196+21 instruments. All procurements for which contracts are
3197+22 solicited between the effective date of Articles 50 and 99 and
3198+23 July 1, 1998 shall be substantially in accordance with this
3199+
3200+
3201+
3202+
3203+
3204+ HB5511 Enrolled - 91 - LRB103 38791 MXP 68928 b
3205+
3206+
3207+HB5511 Enrolled- 92 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 92 - LRB103 38791 MXP 68928 b
3208+ HB5511 Enrolled - 92 - LRB103 38791 MXP 68928 b
3209+1 Code and its intent.
3210+2 (b) This Code shall apply regardless of the source of the
3211+3 funds with which the contracts are paid, including federal
3212+4 assistance moneys. This Code shall not apply to:
3213+5 (1) Contracts between the State and its political
3214+6 subdivisions or other governments, or between State
3215+7 governmental bodies, except as specifically provided in
3216+8 this Code.
3217+9 (2) Grants, except for the filing requirements of
3218+10 Section 20-80.
3219+11 (3) Purchase of care, except as provided in Section
3220+12 5-30.6 of the Illinois Public Aid Code and this Section.
3221+13 (4) Hiring of an individual as an employee and not as
3222+14 an independent contractor, whether pursuant to an
3223+15 employment code or policy or by contract directly with
3224+16 that individual.
3225+17 (5) Collective bargaining contracts.
3226+18 (6) Purchase of real estate, except that notice of
3227+19 this type of contract with a value of more than $25,000
3228+20 must be published in the Procurement Bulletin within 10
3229+21 calendar days after the deed is recorded in the county of
3230+22 jurisdiction. The notice shall identify the real estate
3231+23 purchased, the names of all parties to the contract, the
3232+24 value of the contract, and the effective date of the
3233+25 contract.
3234+26 (7) Contracts necessary to prepare for anticipated
3235+
3236+
3237+
3238+
3239+
3240+ HB5511 Enrolled - 92 - LRB103 38791 MXP 68928 b
3241+
3242+
3243+HB5511 Enrolled- 93 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 93 - LRB103 38791 MXP 68928 b
3244+ HB5511 Enrolled - 93 - LRB103 38791 MXP 68928 b
3245+1 litigation, enforcement actions, or investigations,
3246+2 provided that the chief legal counsel to the Governor
3247+3 shall give his or her prior approval when the procuring
3248+4 agency is one subject to the jurisdiction of the Governor,
3249+5 and provided that the chief legal counsel of any other
3250+6 procuring entity subject to this Code shall give his or
3251+7 her prior approval when the procuring entity is not one
3252+8 subject to the jurisdiction of the Governor.
3253+9 (8) (Blank).
3254+10 (9) Procurement expenditures by the Illinois
3255+11 Conservation Foundation when only private funds are used.
3256+12 (10) (Blank).
3257+13 (11) Public-private agreements entered into according
3258+14 to the procurement requirements of Section 20 of the
3259+15 Public-Private Partnerships for Transportation Act and
3260+16 design-build agreements entered into according to the
3261+17 procurement requirements of Section 25 of the
3262+18 Public-Private Partnerships for Transportation Act.
3263+19 (12) (A) Contracts for legal, financial, and other
3264+20 professional and artistic services entered into by the
3265+21 Illinois Finance Authority in which the State of Illinois
3266+22 is not obligated. Such contracts shall be awarded through
3267+23 a competitive process authorized by the members of the
3268+24 Illinois Finance Authority and are subject to Sections
3269+25 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
3270+26 as well as the final approval by the members of the
3271+
3272+
3273+
3274+
3275+
3276+ HB5511 Enrolled - 93 - LRB103 38791 MXP 68928 b
3277+
3278+
3279+HB5511 Enrolled- 94 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 94 - LRB103 38791 MXP 68928 b
3280+ HB5511 Enrolled - 94 - LRB103 38791 MXP 68928 b
3281+1 Illinois Finance Authority of the terms of the contract.
3282+2 (B) Contracts for legal and financial services entered
3283+3 into by the Illinois Housing Development Authority in
3284+4 connection with the issuance of bonds in which the State
3285+5 of Illinois is not obligated. Such contracts shall be
3286+6 awarded through a competitive process authorized by the
3287+7 members of the Illinois Housing Development Authority and
3288+8 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
3289+9 and 50-37 of this Code, as well as the final approval by
3290+10 the members of the Illinois Housing Development Authority
3291+11 of the terms of the contract.
3292+12 (13) Contracts for services, commodities, and
3293+13 equipment to support the delivery of timely forensic
3294+14 science services in consultation with and subject to the
3295+15 approval of the Chief Procurement Officer as provided in
3296+16 subsection (d) of Section 5-4-3a of the Unified Code of
3297+17 Corrections, except for the requirements of Sections
3298+18 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
3299+19 Code; however, the Chief Procurement Officer may, in
3300+20 writing with justification, waive any certification
3301+21 required under Article 50 of this Code. For any contracts
3302+22 for services which are currently provided by members of a
3303+23 collective bargaining agreement, the applicable terms of
3304+24 the collective bargaining agreement concerning
3305+25 subcontracting shall be followed.
3306+26 On and after January 1, 2019, this paragraph (13),
3307+
3308+
3309+
3310+
3311+
3312+ HB5511 Enrolled - 94 - LRB103 38791 MXP 68928 b
3313+
3314+
3315+HB5511 Enrolled- 95 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 95 - LRB103 38791 MXP 68928 b
3316+ HB5511 Enrolled - 95 - LRB103 38791 MXP 68928 b
3317+1 except for this sentence, is inoperative.
3318+2 (14) Contracts for participation expenditures required
3319+3 by a domestic or international trade show or exhibition of
3320+4 an exhibitor, member, or sponsor.
3321+5 (15) Contracts with a railroad or utility that
3322+6 requires the State to reimburse the railroad or utilities
3323+7 for the relocation of utilities for construction or other
3324+8 public purpose. Contracts included within this paragraph
3325+9 (15) shall include, but not be limited to, those
3326+10 associated with: relocations, crossings, installations,
3327+11 and maintenance. For the purposes of this paragraph (15),
3328+12 "railroad" means any form of non-highway ground
3329+13 transportation that runs on rails or electromagnetic
3330+14 guideways and "utility" means: (1) public utilities as
3331+15 defined in Section 3-105 of the Public Utilities Act, (2)
3332+16 telecommunications carriers as defined in Section 13-202
3333+17 of the Public Utilities Act, (3) electric cooperatives as
3334+18 defined in Section 3.4 of the Electric Supplier Act, (4)
3335+19 telephone or telecommunications cooperatives as defined in
3336+20 Section 13-212 of the Public Utilities Act, (5) rural
3337+21 water or waste water systems with 10,000 connections or
3338+22 less, (6) a holder as defined in Section 21-201 of the
3339+23 Public Utilities Act, and (7) municipalities owning or
3340+24 operating utility systems consisting of public utilities
3341+25 as that term is defined in Section 11-117-2 of the
3342+26 Illinois Municipal Code.
3343+
3344+
3345+
3346+
3347+
3348+ HB5511 Enrolled - 95 - LRB103 38791 MXP 68928 b
3349+
3350+
3351+HB5511 Enrolled- 96 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 96 - LRB103 38791 MXP 68928 b
3352+ HB5511 Enrolled - 96 - LRB103 38791 MXP 68928 b
3353+1 (16) Procurement expenditures necessary for the
3354+2 Department of Public Health to provide the delivery of
3355+3 timely newborn screening services in accordance with the
3356+4 Newborn Metabolic Screening Act.
3357+5 (17) Procurement expenditures necessary for the
3358+6 Department of Agriculture, the Department of Financial and
3359+7 Professional Regulation, the Department of Human Services,
3360+8 and the Department of Public Health to implement the
3361+9 Compassionate Use of Medical Cannabis Program and Opioid
3362+10 Alternative Pilot Program requirements and ensure access
3363+11 to medical cannabis for patients with debilitating medical
3364+12 conditions in accordance with the Compassionate Use of
3365+13 Medical Cannabis Program Act.
3366+14 (18) This Code does not apply to any procurements
3367+15 necessary for the Department of Agriculture, the
3368+16 Department of Financial and Professional Regulation, the
3369+17 Department of Human Services, the Department of Commerce
3370+18 and Economic Opportunity, and the Department of Public
3371+19 Health to implement the Cannabis Regulation and Tax Act if
3372+20 the applicable agency has made a good faith determination
3373+21 that it is necessary and appropriate for the expenditure
3374+22 to fall within this exemption and if the process is
3375+23 conducted in a manner substantially in accordance with the
3376+24 requirements of Sections 20-160, 25-60, 30-22, 50-5,
3377+25 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
3378+26 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
3379+
3380+
3381+
3382+
3383+
3384+ HB5511 Enrolled - 96 - LRB103 38791 MXP 68928 b
3385+
3386+
3387+HB5511 Enrolled- 97 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 97 - LRB103 38791 MXP 68928 b
3388+ HB5511 Enrolled - 97 - LRB103 38791 MXP 68928 b
3389+1 Section 50-35, compliance applies only to contracts or
3390+2 subcontracts over $100,000. Notice of each contract
3391+3 entered into under this paragraph (18) that is related to
3392+4 the procurement of goods and services identified in
3393+5 paragraph (1) through (9) of this subsection shall be
3394+6 published in the Procurement Bulletin within 14 calendar
3395+7 days after contract execution. The Chief Procurement
3396+8 Officer shall prescribe the form and content of the
3397+9 notice. Each agency shall provide the Chief Procurement
3398+10 Officer, on a monthly basis, in the form and content
3399+11 prescribed by the Chief Procurement Officer, a report of
3400+12 contracts that are related to the procurement of goods and
3401+13 services identified in this subsection. At a minimum, this
3402+14 report shall include the name of the contractor, a
3403+15 description of the supply or service provided, the total
3404+16 amount of the contract, the term of the contract, and the
3405+17 exception to this Code utilized. A copy of any or all of
3406+18 these contracts shall be made available to the Chief
3407+19 Procurement Officer immediately upon request. The Chief
3408+20 Procurement Officer shall submit a report to the Governor
3409+21 and General Assembly no later than November 1 of each year
3410+22 that includes, at a minimum, an annual summary of the
3411+23 monthly information reported to the Chief Procurement
3412+24 Officer. This exemption becomes inoperative 5 years after
3413+25 June 25, 2019 (the effective date of Public Act 101-27).
3414+26 (19) Acquisition of modifications or adjustments,
3415+
3416+
3417+
3418+
3419+
3420+ HB5511 Enrolled - 97 - LRB103 38791 MXP 68928 b
3421+
3422+
3423+HB5511 Enrolled- 98 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 98 - LRB103 38791 MXP 68928 b
3424+ HB5511 Enrolled - 98 - LRB103 38791 MXP 68928 b
3425+1 limited to assistive technology devices and assistive
3426+2 technology services, adaptive equipment, repairs, and
3427+3 replacement parts to provide reasonable accommodations (i)
3428+4 that enable a qualified applicant with a disability to
3429+5 complete the job application process and be considered for
3430+6 the position such qualified applicant desires, (ii) that
3431+7 modify or adjust the work environment to enable a
3432+8 qualified current employee with a disability to perform
3433+9 the essential functions of the position held by that
3434+10 employee, (iii) to enable a qualified current employee
3435+11 with a disability to enjoy equal benefits and privileges
3436+12 of employment as are enjoyed by other similarly situated
3437+13 employees without disabilities, and (iv) that allow a
3438+14 customer, client, claimant, or member of the public
3439+15 seeking State services full use and enjoyment of and
3440+16 access to its programs, services, or benefits.
3441+17 For purposes of this paragraph (19):
3442+18 "Assistive technology devices" means any item, piece
3443+19 of equipment, or product system, whether acquired
3444+20 commercially off the shelf, modified, or customized, that
3445+21 is used to increase, maintain, or improve functional
3446+22 capabilities of individuals with disabilities.
3447+23 "Assistive technology services" means any service that
3448+24 directly assists an individual with a disability in
3449+25 selection, acquisition, or use of an assistive technology
3450+26 device.
3451+
3452+
3453+
3454+
3455+
3456+ HB5511 Enrolled - 98 - LRB103 38791 MXP 68928 b
3457+
3458+
3459+HB5511 Enrolled- 99 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 99 - LRB103 38791 MXP 68928 b
3460+ HB5511 Enrolled - 99 - LRB103 38791 MXP 68928 b
3461+1 "Qualified" has the same meaning and use as provided
3462+2 under the federal Americans with Disabilities Act when
3463+3 describing an individual with a disability.
3464+4 (20) Procurement expenditures necessary for the
3465+5 Illinois Commerce Commission to hire third-party
3466+6 facilitators pursuant to Sections 16-105.17 and 16-108.18
3467+7 of the Public Utilities Act or an ombudsman pursuant to
3468+8 Section 16-107.5 of the Public Utilities Act, a
3469+9 facilitator pursuant to Section 16-105.17 of the Public
3470+10 Utilities Act, or a grid auditor pursuant to Section
3471+11 16-105.10 of the Public Utilities Act.
3472+12 (21) Procurement expenditures for the purchase,
3473+13 renewal, and expansion of software, software licenses, or
3474+14 software maintenance agreements that support the efforts
3475+15 of the Illinois State Police to enforce, regulate, and
3476+16 administer the Firearm Owners Identification Card Act, the
3477+17 Firearm Concealed Carry Act, the Firearms Restraining
3478+18 Order Act, the Firearm Dealer License Certification Act,
3479+19 the Law Enforcement Agencies Data System (LEADS), the
3480+20 Uniform Crime Reporting Act, the Criminal Identification
3481+21 Act, the Illinois Uniform Conviction Information Act, and
3482+22 the Gun Trafficking Information Act, or establish or
3483+23 maintain record management systems necessary to conduct
3484+24 human trafficking investigations or gun trafficking or
3485+25 other stolen firearm investigations. This paragraph (21)
3486+26 applies to contracts entered into on or after January 10,
3487+
3488+
3489+
3490+
3491+
3492+ HB5511 Enrolled - 99 - LRB103 38791 MXP 68928 b
3493+
3494+
3495+HB5511 Enrolled- 100 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 100 - LRB103 38791 MXP 68928 b
3496+ HB5511 Enrolled - 100 - LRB103 38791 MXP 68928 b
3497+1 2023 (the effective date of Public Act 102-1116) and the
3498+2 renewal of contracts that are in effect on January 10,
3499+3 2023 (the effective date of Public Act 102-1116).
3500+4 (22) Contracts for project management services and
3501+5 system integration services required for the completion of
3502+6 the State's enterprise resource planning project. This
3503+7 exemption becomes inoperative 5 years after June 7, 2023
3504+8 (the effective date of the changes made to this Section by
3505+9 Public Act 103-8). This paragraph (22) applies to
3506+10 contracts entered into on or after June 7, 2023 (the
3507+11 effective date of the changes made to this Section by
3508+12 Public Act 103-8) and the renewal of contracts that are in
3509+13 effect on June 7, 2023 (the effective date of the changes
3510+14 made to this Section by Public Act 103-8).
3511+15 (23) Procurements necessary for the Department of
3512+16 Insurance to implement the Illinois Health Benefits
3513+17 Exchange Law if the Department of Insurance has made a
3514+18 good faith determination that it is necessary and
3515+19 appropriate for the expenditure to fall within this
3516+20 exemption. The procurement process shall be conducted in a
3517+21 manner substantially in accordance with the requirements
3518+22 of Sections 20-160 and 25-60 and Article 50 of this Code. A
3519+23 copy of these contracts shall be made available to the
3520+24 Chief Procurement Officer immediately upon request. This
3521+25 paragraph is inoperative 5 years after June 27, 2023 (the
3522+26 effective date of Public Act 103-103).
3523+
3524+
3525+
3526+
3527+
3528+ HB5511 Enrolled - 100 - LRB103 38791 MXP 68928 b
3529+
3530+
3531+HB5511 Enrolled- 101 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 101 - LRB103 38791 MXP 68928 b
3532+ HB5511 Enrolled - 101 - LRB103 38791 MXP 68928 b
3533+1 (24) (22) Contracts for public education programming,
3534+2 noncommercial sustaining announcements, public service
3535+3 announcements, and public awareness and education
3536+4 messaging with the nonprofit trade associations of the
3537+5 providers of those services that inform the public on
3538+6 immediate and ongoing health and safety risks and hazards.
3539+7 (25) Procurements that are necessary for increasing
3540+8 the recruitment and retention of State employees,
3541+9 particularly minority candidates for employment,
3542+10 including:
3543+11 (A) procurements related to registration fees for
3544+12 job fairs and other outreach and recruitment events;
3545+13 (B) production of recruitment materials; and
3546+14 (C) other services related to recruitment and
3547+15 retention of State employees.
3548+16 The exemption under this paragraph (25) applies only
3549+17 if the State agency has made a good faith determination
3550+18 that it is necessary and appropriate for the expenditure
3551+19 to fall within this paragraph (25). The procurement
3552+20 process under this paragraph (25) shall be conducted in a
3553+21 manner substantially in accordance with the requirements
3554+22 of Sections 20-160 and 25-60 and Article 50 of this Code. A
3555+23 copy of these contracts shall be made available to the
3556+24 Chief Procurement Officer immediately upon request.
3557+25 Nothing in this paragraph (25) authorizes the replacement
3558+26 or diminishment of State responsibilities in hiring or the
3559+
3560+
3561+
3562+
3563+
3564+ HB5511 Enrolled - 101 - LRB103 38791 MXP 68928 b
3565+
3566+
3567+HB5511 Enrolled- 102 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 102 - LRB103 38791 MXP 68928 b
3568+ HB5511 Enrolled - 102 - LRB103 38791 MXP 68928 b
3569+1 positions that effectuate that hiring. This paragraph (25)
3570+2 is inoperative on and after June 30, 2029.
3571+3 Notwithstanding any other provision of law, for contracts
3572+4 with an annual value of more than $100,000 entered into on or
3573+5 after October 1, 2017 under an exemption provided in any
3574+6 paragraph of this subsection (b), except paragraph (1), (2),
3575+7 or (5), each State agency shall post to the appropriate
3576+8 procurement bulletin the name of the contractor, a description
3577+9 of the supply or service provided, the total amount of the
3578+10 contract, the term of the contract, and the exception to the
3579+11 Code utilized. The chief procurement officer shall submit a
3580+12 report to the Governor and General Assembly no later than
3581+13 November 1 of each year that shall include, at a minimum, an
3582+14 annual summary of the monthly information reported to the
3583+15 chief procurement officer.
3584+16 (c) This Code does not apply to the electric power
3585+17 procurement process provided for under Section 1-75 of the
3586+18 Illinois Power Agency Act and Section 16-111.5 of the Public
3587+19 Utilities Act. This Code does not apply to the procurement of
3588+20 technical and policy experts pursuant to Section 1-129 of the
3589+21 Illinois Power Agency Act.
3590+22 (d) Except for Section 20-160 and Article 50 of this Code,
3591+23 and as expressly required by Section 9.1 of the Illinois
3592+24 Lottery Law, the provisions of this Code do not apply to the
3593+25 procurement process provided for under Section 9.1 of the
3594+26 Illinois Lottery Law.
3595+
3596+
3597+
3598+
3599+
3600+ HB5511 Enrolled - 102 - LRB103 38791 MXP 68928 b
3601+
3602+
3603+HB5511 Enrolled- 103 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 103 - LRB103 38791 MXP 68928 b
3604+ HB5511 Enrolled - 103 - LRB103 38791 MXP 68928 b
3605+1 (e) This Code does not apply to the process used by the
3606+2 Capital Development Board to retain a person or entity to
3607+3 assist the Capital Development Board with its duties related
3608+4 to the determination of costs of a clean coal SNG brownfield
3609+5 facility, as defined by Section 1-10 of the Illinois Power
3610+6 Agency Act, as required in subsection (h-3) of Section 9-220
3611+7 of the Public Utilities Act, including calculating the range
3612+8 of capital costs, the range of operating and maintenance
3613+9 costs, or the sequestration costs or monitoring the
3614+10 construction of clean coal SNG brownfield facility for the
3615+11 full duration of construction.
3616+12 (f) (Blank).
3617+13 (g) (Blank).
3618+14 (h) This Code does not apply to the process to procure or
3619+15 contracts entered into in accordance with Sections 11-5.2 and
3620+16 11-5.3 of the Illinois Public Aid Code.
3621+17 (i) Each chief procurement officer may access records
3622+18 necessary to review whether a contract, purchase, or other
3623+19 expenditure is or is not subject to the provisions of this
3624+20 Code, unless such records would be subject to attorney-client
3625+21 privilege.
3626+22 (j) This Code does not apply to the process used by the
3627+23 Capital Development Board to retain an artist or work or works
3628+24 of art as required in Section 14 of the Capital Development
3629+25 Board Act.
3630+26 (k) This Code does not apply to the process to procure
3631+
3632+
3633+
3634+
3635+
3636+ HB5511 Enrolled - 103 - LRB103 38791 MXP 68928 b
3637+
3638+
3639+HB5511 Enrolled- 104 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 104 - LRB103 38791 MXP 68928 b
3640+ HB5511 Enrolled - 104 - LRB103 38791 MXP 68928 b
3641+1 contracts, or contracts entered into, by the State Board of
3642+2 Elections or the State Electoral Board for hearing officers
3643+3 appointed pursuant to the Election Code.
3644+4 (l) This Code does not apply to the processes used by the
3645+5 Illinois Student Assistance Commission to procure supplies and
3646+6 services paid for from the private funds of the Illinois
3647+7 Prepaid Tuition Fund. As used in this subsection (l), "private
3648+8 funds" means funds derived from deposits paid into the
3649+9 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
3650+10 (m) This Code shall apply regardless of the source of
3651+11 funds with which contracts are paid, including federal
3652+12 assistance moneys. Except as specifically provided in this
3653+13 Code, this Code shall not apply to procurement expenditures
3654+14 necessary for the Department of Public Health to conduct the
3655+15 Healthy Illinois Survey in accordance with Section 2310-431 of
3656+16 the Department of Public Health Powers and Duties Law of the
3657+17 Civil Administrative Code of Illinois.
3658+18 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
3659+19 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
3660+20 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
3661+21 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
3662+22 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
3663+23 1-2-24.)
3664+24 ARTICLE 30.
3665+
3666+
3667+
3668+
3669+
3670+ HB5511 Enrolled - 104 - LRB103 38791 MXP 68928 b
3671+
3672+
3673+HB5511 Enrolled- 105 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 105 - LRB103 38791 MXP 68928 b
3674+ HB5511 Enrolled - 105 - LRB103 38791 MXP 68928 b
3675+1 Section 30-5. The Reimagining Hotel Florence Act is
3676+2 amended by changing Sections 45-5, 45-10, 45-15, 45-20, 45-25,
3677+3 and 45-30 as follows:
3678+4 (20 ILCS 3407/45-5)
3679+5 Sec. 45-5. Legislative intent. Originally built in 1881,
3680+6 the Hotel Florence is located within the Pullman Historic
3681+7 District and was placed on the National Register of Historic
3682+8 Places in 1969 and was designated a National Historic Landmark
3683+9 on December 30, 1970. To save it from demolition the Historic
3684+10 Pullman Foundation purchased the hotel in 1975 and maintained
3685+11 ownership until 1991 when the State of Illinois took title of
3686+12 the building. The Hotel Florence is continually closed for
3687+13 renovations and is a semi-closed public space.
3688+14 The hotel sits within next to the Pullman National
3689+15 Historic Landmark District, which was designated as a National
3690+16 Monument in 2015 and recently redesignated as Illinois'
3691+17 Illinois's first National Park on December 29, 2022 and is
3692+18 operated by the U.S. National Park Service. This redesignation
3693+19 allows for the National Park Service to enter into cooperative
3694+20 agreements with outside parties for interpretive and
3695+21 educational programs at nonfederal historic properties within
3696+22 the boundaries of the park and to provide assistance for the
3697+23 preservation of nonfederal land within the boundaries of the
3698+24 historical park and at sites in close proximity to it, which
3699+25 includes may include the Pullman State Historic Site (Hotel
3700+
3701+
3702+
3703+
3704+
3705+ HB5511 Enrolled - 105 - LRB103 38791 MXP 68928 b
3706+
3707+
3708+HB5511 Enrolled- 106 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 106 - LRB103 38791 MXP 68928 b
3709+ HB5511 Enrolled - 106 - LRB103 38791 MXP 68928 b
3710+1 Florence, Hotel Florence Annex, Factory Grounds, Rear Erecting
3711+2 Shops, Front Erecting Shop North Factory Wing, Front Erecting
3712+3 Shop South Factory Wing Ruin, and the Historic 1911 "Advance"
3713+4 Railroad Passenger Car).
3714+5 The General Assembly has allocated $21,000,000 in capital
3715+6 infrastructure funds to aid in the restoration and capital
3716+7 improvements at the Pullman State Historic Site, including,
3717+8 but not limited to, renovation redevelopment of the Hotel
3718+9 Florence.
3719+10 The General Assembly finds that allowing for the
3720+11 Department of Natural Resources to enter into a public-private
3721+12 partnership that will allow the Hotel Florence to become a
3722+13 fully reactivated space in a timely manner that is in the
3723+14 public benefit of the State and the local Pullman community.
3724+15 (Source: P.A. 103-570, eff. 1-1-24.)
3725+16 (20 ILCS 3407/45-10)
3726+17 Sec. 45-10. Definitions. In this Act:
3727+18 "Agreement" means a public-private agreement.
3728+19 "Contractor" means a person that has been selected to
3729+20 enter or has entered into a public-private agreement with the
3730+21 Department on behalf of the State for the development,
3731+22 financing, construction, management, or operation of the Hotel
3732+23 Florence pursuant to this Act.
3733+24 "Department" means the Department of Natural Resources.
3734+25 "Hotel Florence" means real property in the City of
3735+
3736+
3737+
3738+
3739+
3740+ HB5511 Enrolled - 106 - LRB103 38791 MXP 68928 b
3741+
3742+
3743+HB5511 Enrolled- 107 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 107 - LRB103 38791 MXP 68928 b
3744+ HB5511 Enrolled - 107 - LRB103 38791 MXP 68928 b
3745+1 Chicago located within the Pullman State Historic Site
3746+2 District that is owned by the Illinois Department of Natural
3747+3 Resources and was acquired in 1991, at the address of 11111 S.
3748+4 Forrestville Avenue, Chicago, Illinois, as well as the
3749+5 adjacent Hotel Florence Annex building located at 537 East
3750+6 111th Street, Chicago, Illinois 60628 and any associated
3751+7 grounds connected to the Hotel Florence or Hotel Florence
3752+8 Annex either property.
3753+9 "Maintain" or "maintenance" includes ordinary maintenance,
3754+10 repair, rehabilitation, capital maintenance, maintenance
3755+11 replacement, and any other categories of maintenance that may
3756+12 be designated by the Department.
3757+13 "Offeror" means a person that responds to a request for
3758+14 solicitations proposals under this Act.
3759+15 "Operate" or "operation" means to do one or more of the
3760+16 following: maintain, improve, equip, modify, or otherwise
3761+17 operate.
3762+18 "Person" means any individual, firm, association, joint
3763+19 venture, partnership, estate, trust, syndicate, fiduciary,
3764+20 corporation, or any other legal entity, group, or combination
3765+21 thereof.
3766+22 "Public-private agreement" means an agreement or contract
3767+23 between the Department on behalf of the State and all
3768+24 schedules, exhibits, and attachments thereto, entered into
3769+25 pursuant to a competitive request for solicitations proposals
3770+26 process governed by this Act, for the development, financing,
3771+
3772+
3773+
3774+
3775+
3776+ HB5511 Enrolled - 107 - LRB103 38791 MXP 68928 b
3777+
3778+
3779+HB5511 Enrolled- 108 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 108 - LRB103 38791 MXP 68928 b
3780+ HB5511 Enrolled - 108 - LRB103 38791 MXP 68928 b
3781+1 construction, management, or operation of the Hotel Florence
3782+2 under this Act.
3783+3 "Pullman Factory" means real property in the City of
3784+4 Chicago located within the Pullman State Historic Site that is
3785+5 owned by the Department of Natural Resources and was acquired
3786+6 in 1991, at the addresses 620 and 630 East 111th Street,
3787+7 Chicago, Illinois 60628. The Factory Grounds include the Front
3788+8 Erecting Shop North Factory Wing, Front Erecting Shop South
3789+9 Factory Wing (Ruin), Rear Erecting Shops, Proposed Train Car
3790+10 Display Building, Historic 1911 "Advance" Railroad Passenger
3791+11 Car, Rail Spur Connection, and associated grounds.
3792+12 "Revenues" means all revenues, including, but not limited
3793+13 to, income, user fees, earnings, interest, lease payments,
3794+14 allocations, moneys from the federal government, the State,
3795+15 and units of local government, including, but not limited to,
3796+16 federal, State, and local appropriations, grants, loans, lines
3797+17 of credit, and credit guarantees; bond proceeds; equity
3798+18 investments; service payments; or other receipts arising out
3799+19 of or in connection with the financing, development,
3800+20 construction, management, or operation of the Hotel Florence.
3801+21 "State" means the State of Illinois.
3802+22 (Source: P.A. 103-570, eff. 1-1-24.)
3803+23 (20 ILCS 3407/45-15)
3804+24 Sec. 45-15. Authority to enter public-private agreement.
3805+25 (a) Notwithstanding any provision of law to the contrary,
3806+
3807+
3808+
3809+
3810+
3811+ HB5511 Enrolled - 108 - LRB103 38791 MXP 68928 b
3812+
3813+
3814+HB5511 Enrolled- 109 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 109 - LRB103 38791 MXP 68928 b
3815+ HB5511 Enrolled - 109 - LRB103 38791 MXP 68928 b
3816+1 the Department on behalf of the State may, pursuant to a
3817+2 competitive solicitation request for proposals process
3818+3 governed by the Illinois Procurement Code, rules adopted under
3819+4 that Code, and this Act, enter into a public-private agreement
3820+5 to develop, finance, construct, lease, manage, divest
3821+6 ownership in, and or operate the Hotel Florence and the
3822+7 Pullman Factory on behalf of the State, pursuant to which the
3823+8 contractors may receive certain revenues, including management
3824+9 or user fees in consideration of the payment of moneys to the
3825+10 State for that right. At the discretion of the Department, the
3826+11 Factory Grounds may be included in the public-private
3827+12 agreement.
3828+13 (b) The term of a public-private agreement shall be no
3829+14 less than 25 years and no more than 75 years.
3830+15 (c) The term of a public-private agreement may be
3831+16 extended, but only if the extension is specifically authorized
3832+17 by the General Assembly by law.
3833+18 (Source: P.A. 103-570, eff. 1-1-24.)
3834+19 (20 ILCS 3407/45-20)
3835+20 Sec. 45-20. Prequalification Procurement;
3836+21 prequalification. The Department may establish a process for
3837+22 prequalification of offerors. The Department may enter into
3838+23 agreements with governmental entities and other outside
3839+24 entities to assist in drafting the solicitation and evaluation
3840+25 process as well as develop evaluation criteria for the
3841+
3842+
3843+
3844+
3845+
3846+ HB5511 Enrolled - 109 - LRB103 38791 MXP 68928 b
3847+
3848+
3849+HB5511 Enrolled- 110 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 110 - LRB103 38791 MXP 68928 b
3850+ HB5511 Enrolled - 110 - LRB103 38791 MXP 68928 b
3851+1 prequalification of offerors. If the Department does create
3852+2 such a process, it shall:
3853+3 (1) provide a public notice of the prequalification at
3854+4 least 30 days prior to the date on which applications are
3855+5 due;
3856+6 (2) set forth requirements and evaluation criteria in
3857+7 order to become prequalified;
3858+8 (3) determine which offerors that have submitted
3859+9 prequalification applications, if any, meet the
3860+10 requirements and evaluation criteria; and
3861+11 (4) allow only those offerors that have been
3862+12 prequalified to respond to the request for solicitations
3863+13 proposals.
3864+14 (Source: P.A. 103-570, eff. 1-1-24.)
3865+15 (20 ILCS 3407/45-25)
3866+16 Sec. 45-25. Request for solicitation proposals process to
3867+17 enter into public-private agreement.
3868+18 (a) Notwithstanding any provision of law to the contrary,
3869+19 the Department on behalf of the State shall select a
3870+20 contractor through a competitive solicitation request for
3871+21 proposals process governed by the Illinois Procurement Code
3872+22 and rules adopted under that Code and this Act. The Department
3873+23 may enter into agreements with governmental entities and other
3874+24 outside entities to assist the Department in drafting,
3875+25 reviewing, and scoring the proposals.
3876+
3877+
3878+
3879+
3880+
3881+ HB5511 Enrolled - 110 - LRB103 38791 MXP 68928 b
3882+
3883+
3884+HB5511 Enrolled- 111 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 111 - LRB103 38791 MXP 68928 b
3885+ HB5511 Enrolled - 111 - LRB103 38791 MXP 68928 b
3886+1 (b) The competitive solicitation request for proposals
3887+2 process shall, at a minimum, solicit statements of
3888+3 qualification and proposals from offerors.
3889+4 (c) The competitive request for solicitation proposals
3890+5 process shall, at a minimum, take into account the following
3891+6 criteria:
3892+7 (1) the offeror's plans for the Hotel Florence
3893+8 project, including, but not limited to, building use,
3894+9 experience, environmental concerns, and a proposed
3895+10 preservation and rehabilitation plan compliant with the
3896+11 Illinois State Agency Historic Preservation Act;
3897+12 (2) the offeror's current and past business practices;
3898+13 (3) the offeror's poor or inadequate past performance
3899+14 in developing, financing, constructing, managing, or
3900+15 operating historic landmark properties or other public
3901+16 assets;
3902+17 (4) the offeror's ability to meet and past performance
3903+18 in meeting or exhausting good faith efforts to meet the
3904+19 utilization goals for business enterprises established in
3905+20 the Business Enterprise for Minorities, Women, and Persons
3906+21 with Disabilities Act;
3907+22 (5) the offeror's ability to comply with and past
3908+23 performance in complying with Section 2-105 of the
3909+24 Illinois Human Rights Act; and
3910+25 (6) the offeror's plans to comply with the Business
3911+26 Enterprise for Minorities, Women, and Persons with
3912+
3913+
3914+
3915+
3916+
3917+ HB5511 Enrolled - 111 - LRB103 38791 MXP 68928 b
3918+
3919+
3920+HB5511 Enrolled- 112 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 112 - LRB103 38791 MXP 68928 b
3921+ HB5511 Enrolled - 112 - LRB103 38791 MXP 68928 b
3922+1 Disabilities Act and Section 2-105 of the Illinois Human
3923+2 Rights Act; and .
3924+3 (7) the offeror's plans for the Pullman Factory.
3925+4 (d) The Department shall not include terms in the request
3926+5 for solicitations proposals that provide an advantage, whether
3927+6 directly or indirectly, to any contractor presently providing
3928+7 goods, services, or equipment to the Department.
3929+8 (e) The Department shall select one or more offerors as
3930+9 finalists.
3931+10 (f) After the procedures required in this Section have
3932+11 been completed, the Department shall make a determination as
3933+12 to whether the offeror should be designated as the contractor
3934+13 for the Hotel Florence project and shall submit the decision
3935+14 to the Governor and to the Governor's Office of Management and
3936+15 Budget. After review of the Department's determination, the
3937+16 Governor may accept or reject the determination. If the
3938+17 Governor accepts the determination of the Department, the
3939+18 Governor shall designate the offeror for the Hotel Florence
3940+19 project.
3941+20 (Source: P.A. 103-570, eff. 1-1-24.)
3942+21 (20 ILCS 3407/45-30)
3943+22 Sec. 45-30. Provisions of the public-private agreement.
3944+23 (a) The public-private agreement shall include all of the
3945+24 following:
3946+25 (1) the term of the public-private agreement that is
3947+
3948+
3949+
3950+
3951+
3952+ HB5511 Enrolled - 112 - LRB103 38791 MXP 68928 b
3953+
3954+
3955+HB5511 Enrolled- 113 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 113 - LRB103 38791 MXP 68928 b
3956+ HB5511 Enrolled - 113 - LRB103 38791 MXP 68928 b
3957+1 consistent with Section 45-40 of this Act;
3958+2 (2) the powers, duties, responsibilities, obligations,
3959+3 and functions of the Department and the contractor;
3960+4 (3) compensation or payments to the Department, if
3961+5 applicable;
3962+6 (4) compensation or payments to the contractor, if
3963+7 applicable;
3964+8 (5) a provision specifying that the Department:
3965+9 (A) has ready access to information regarding the
3966+10 contractor's powers, duties, responsibilities,
3967+11 obligations, and functions under the public-private
3968+12 agreement;
3969+13 (B) has the right to demand and receive
3970+14 information from the contractor concerning any aspect
3971+15 of the contractor's powers, duties, responsibilities,
3972+16 obligations, and functions under the public-private
3973+17 agreement; and
3974+18 (C) has the authority to direct or countermand
3975+19 decisions by the contractor at any time;
3976+20 (6) a provision imposing an affirmative duty on the
3977+21 contractor to provide the Department with any information
3978+22 the contractor reasonably believes the Department would
3979+23 want to know or would need to know to enable the Department
3980+24 to exercise its powers, carry out its duties,
3981+25 responsibilities, and obligations, and perform its
3982+26 functions under this Act or the public-private agreement
3983+
3984+
3985+
3986+
3987+
3988+ HB5511 Enrolled - 113 - LRB103 38791 MXP 68928 b
3989+
3990+
3991+HB5511 Enrolled- 114 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 114 - LRB103 38791 MXP 68928 b
3992+ HB5511 Enrolled - 114 - LRB103 38791 MXP 68928 b
3993+1 or as otherwise required by law;
3994+2 (6.5) a provision that this project will require using
3995+3 guidelines with The Secretary of the Interior's Standards
3996+4 for the Treatment of Historic Properties with Guidelines
3997+5 for Preserving, Rehabilitating, Restoring and
3998+6 Reconstructing Historic Buildings; the period of the
3999+7 original construction (Hotel Florence and grounds from
4000+8 1880 through 1897; and Hotel Annex from 1914 through 1930)
4001+9 should be used to guide the project design and
4002+10 construction;
4003+11 (7) the authority of the Department to enter into
4004+12 contracts with third parties pursuant to Section 45-40;
4005+13 (8) the authority of the Department to request that
4006+14 the contractor reimburse the Department for third party
4007+15 consultants related to the monitoring the project;
4008+16 (9) a provision governing the contractor's authority
4009+17 to negotiate and execute subcontracts with third parties;
4010+18 (10) the authority of the contractor to impose user
4011+19 fees and the amounts of those fees;
4012+20 (11) a provision governing the deposit and allocation
4013+21 of revenues including user fees;
4014+22 (12) a provision governing rights to real and personal
4015+23 property of the State, the Department, the contractor, and
4016+24 other third parties;
4017+25 (13) grounds for termination of the agreement by the
4018+26 Department or the contractor and a restatement of the
4019+
4020+
4021+
4022+
4023+
4024+ HB5511 Enrolled - 114 - LRB103 38791 MXP 68928 b
4025+
4026+
4027+HB5511 Enrolled- 115 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 115 - LRB103 38791 MXP 68928 b
4028+ HB5511 Enrolled - 115 - LRB103 38791 MXP 68928 b
4029+1 Department's rights under this Act;
4030+2 (14) a requirement that the contractor enter into a
4031+3 project labor agreement;
4032+4 (15) a provision stating that construction contractors
4033+5 shall comply with the requirements of Section 30-22 of the
4034+6 Illinois Procurement Code;
4035+7 (16) rights and remedies of the Department if the
4036+8 contractor defaults or otherwise fails to comply with the
4037+9 terms of the agreement;
4038+10 (17) procedures for amendment to the agreement; and
4039+11 (18) all other terms, conditions, and provisions
4040+12 acceptable to the Department that the Department deems
4041+13 necessary and proper and in the public interest; and .
4042+14 (19) a requirement that the contract complies with the
4043+15 Business Enterprise for Minorities, Women, and Persons
4044+16 with Disabilities Act and Section 2-105 of the Illinois
4045+17 Human Rights Act.
4046+18 (Source: P.A. 103-570, eff. 1-1-24.)
4047+19 (20 ILCS 3407/45-35 rep.)
4048+20 Section 30-10. The Reimagining Hotel Florence Act is
4049+21 amended by repealing Section 45-35.
4050+22 ARTICLE 35.
4051+23 Section 35-5. The Illinois Procurement Code is amended by
4052+
4053+
4054+
4055+
4056+
4057+ HB5511 Enrolled - 115 - LRB103 38791 MXP 68928 b
4058+
4059+
4060+HB5511 Enrolled- 116 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 116 - LRB103 38791 MXP 68928 b
4061+ HB5511 Enrolled - 116 - LRB103 38791 MXP 68928 b
4062+1 changing Section 45-105 as follows:
4063+2 (30 ILCS 500/45-105)
4064+3 Sec. 45-105. Bid preference for Illinois businesses.
4065+4 (a) (Blank).
4066+5 (b) It is hereby declared to be the public policy of the
4067+6 State of Illinois to promote the economy of Illinois through
4068+7 the use of Illinois businesses for all State construction
4069+8 contracts.
4070+9 (c) Construction agencies procuring construction and
4071+10 construction-related professional services shall make
4072+11 reasonable efforts to contract with Illinois businesses.
4073+12 (d) Beginning in 2022, each construction agency shall
4074+13 submit a report to the Governor and the General Assembly by
4075+14 September 1 of each year that identifies the Illinois
4076+15 businesses procured by the construction agency, the primary
4077+16 location of the construction project, the percentage of the
4078+17 construction agency's utilization of Illinois businesses on
4079+18 the project as a whole, and the actions that the construction
4080+19 agency has undertaken to increase the use of Illinois
4081+20 businesses.
4082+21 (e) In procuring construction and construction-related
4083+22 professional services for projects with a total value that
4084+23 exceeds the small purchase maximum established by Section
4085+24 20-20 of this Code, construction agencies shall provide a bid
4086+25 preference to a responsive and responsible bidder that is an
4087+
4088+
4089+
4090+
4091+
4092+ HB5511 Enrolled - 116 - LRB103 38791 MXP 68928 b
4093+
4094+
4095+HB5511 Enrolled- 117 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 117 - LRB103 38791 MXP 68928 b
4096+ HB5511 Enrolled - 117 - LRB103 38791 MXP 68928 b
4097+1 Illinois business as defined in this Section. The construction
4098+2 agency shall allocate to the lowest bid by an Illinois
4099+3 business that is responsible and responsive a bid preference
4100+4 of 4% of the contract base bid. This subsection applies only to
4101+5 projects where a business that is not an Illinois business
4102+6 submits a bid.
4103+7 (e-5) The chief procurement officer shall require at the
4104+8 time of submission of a bid, and may require at the chief
4105+9 procurement officer's option at any time during the term of
4106+10 the contract, that the bidder or contractor submit an
4107+11 affidavit and other supporting documents demonstrating that
4108+12 the bidder or contractor is an Illinois business and, if
4109+13 applicable, submit an affidavit and other supporting documents
4110+14 demonstrating that the bidder or contractor is eligible for a
4111+15 4% bid preference under this Section.
4112+16 (e-10) If a contractor who is awarded a contract through
4113+17 the use of a preference for Illinois businesses provided false
4114+18 information in order to obtain that preference, then the
4115+19 contractor is subject to disciplinary procedures as identified
4116+20 in Section 50-65 of this Act.
4117+21 (f) This Section does not apply to any contract for any
4118+22 project for which federal funds are available for expenditure
4119+23 when its provisions may be in conflict with federal law or
4120+24 federal regulation.
4121+25 (g) As used in this Section, "Illinois business" means a
4122+26 contractor that is, for at least one year prior, operating and
4123+
4124+
4125+
4126+
4127+
4128+ HB5511 Enrolled - 117 - LRB103 38791 MXP 68928 b
4129+
4130+
4131+HB5511 Enrolled- 118 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 118 - LRB103 38791 MXP 68928 b
4132+ HB5511 Enrolled - 118 - LRB103 38791 MXP 68928 b
4133+1 headquartered in Illinois, subject to applicable State taxes,
4134+2 and providing, at the time that an invitation for a bid or
4135+3 notice of contract opportunity is first advertised,
4136+4 construction or construction-related professional services.
4137+5 "Illinois business" includes a foreign corporation duly
4138+6 authorized to transact business in this State that has a bona
4139+7 fide establishment for transacting business within this State
4140+8 where it is operating, headquartered, and performing
4141+9 construction or construction-related professional services at
4142+10 least one year before an invitation for a bid or notice of
4143+11 contract opportunity is first advertised. , and is operating
4144+12 as:
4145+13 (1) a sole proprietor whose primary residence is in
4146+14 Illinois;
4147+15 (2) a business incorporated or organized as a domestic
4148+16 corporation under the Business Corporation Act of 1983;
4149+17 (3) a business organized as a domestic partnership
4150+18 under the Uniform Partnership Act of 1997;
4151+19 (4) a business organized as a domestic limited
4152+20 partnership under the Uniform Limited Partnership Act of
4153+21 2001;
4154+22 (5) a business organized under the Limited Liability
4155+23 Company Act; or
4156+24 (6) a business organized under the Professional
4157+25 Limited Liability Company Act.
4158+26 "Illinois business" does not include any subcontractors or
4159+
4160+
4161+
4162+
4163+
4164+ HB5511 Enrolled - 118 - LRB103 38791 MXP 68928 b
4165+
4166+
4167+HB5511 Enrolled- 119 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 119 - LRB103 38791 MXP 68928 b
4168+ HB5511 Enrolled - 119 - LRB103 38791 MXP 68928 b
4169+1 businesses headquartered outside of the State that have an
4170+2 affiliated entity operating in the State.
4171+3 (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
4172+4 ARTICLE 45.
4173+5 Section 45-5. The Illinois Procurement Code is amended by
4174+6 changing Section 50-10.5 as follows:
4175+7 (30 ILCS 500/50-10.5)
4176+8 Sec. 50-10.5. Prohibited bidders, offerors, potential
4177+9 contractors, and contractors.
4178+10 (a) Unless otherwise provided, no business shall bid,
4179+11 offer, enter into a contract or subcontract under this Code,
4180+12 or make a submission to a vendor portal if the business or any
4181+13 officer, director, partner, or other managerial agent of the
4182+14 business has been convicted of a felony under the
4183+15 Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
4184+16 the Illinois Securities Law of 1953 for a period of 5 years
4185+17 from the date of conviction.
4186+18 (b) Every bid and offer submitted to the State, every
4187+19 contract executed by the State, every vendor's submission to a
4188+20 vendor portal, and every subcontract subject to Section 20-120
4189+21 of this Code shall contain a certification by the bidder,
4190+22 offeror, potential contractor, contractor, or subcontractor,
4191+23 respectively, that the bidder, offeror, potential contractor,
4192+
4193+
4194+
4195+
4196+
4197+ HB5511 Enrolled - 119 - LRB103 38791 MXP 68928 b
4198+
4199+
4200+HB5511 Enrolled- 120 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 120 - LRB103 38791 MXP 68928 b
4201+ HB5511 Enrolled - 120 - LRB103 38791 MXP 68928 b
4202+1 contractor, or subcontractor is not barred from being awarded
4203+2 a contract or subcontract under this Section and acknowledges
4204+3 that the chief procurement officer shall declare the related
4205+4 contract void if any of the certifications completed pursuant
4206+5 to this subsection (b) are false. If the false certification
4207+6 is made by a subcontractor, then the contractor's submitted
4208+7 bid or offer and the executed contract may not be declared
4209+8 void, unless the contractor refuses to terminate the
4210+9 subcontract upon the State's request after a finding that the
4211+10 subcontract's certification was false.
4212+11 (c) If a business is not a natural person, the prohibition
4213+12 in subsection (a) applies only if:
4214+13 (1) the business itself is convicted of a felony
4215+14 referenced in subsection (a); or
4216+15 (2) the business is ordered to pay punitive damages
4217+16 based on the conduct of any officer, director, partner, or
4218+17 other managerial agent who has been convicted of a felony
4219+18 referenced in subsection (a).
4220+19 (d) A natural person who is convicted of a felony
4221+20 referenced in subsection (a) remains subject to Section 50-10.
4222+21 (e) No person or business shall bid, offer, make a
4223+22 submission to a vendor portal, or enter into a contract under
4224+23 this Code if the person or business assisted an employee of the
4225+24 State of Illinois, who, by the nature of his or her duties, has
4226+25 the authority to participate personally and substantially in
4227+26 the decision to award a State contract, by reviewing,
4228+
4229+
4230+
4231+
4232+
4233+ HB5511 Enrolled - 120 - LRB103 38791 MXP 68928 b
4234+
4235+
4236+HB5511 Enrolled- 121 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 121 - LRB103 38791 MXP 68928 b
4237+ HB5511 Enrolled - 121 - LRB103 38791 MXP 68928 b
4238+1 drafting, directing, or preparing any invitation for bids, a
4239+2 request for proposal, or request for information or provided
4240+3 similar assistance except as part of a publicly issued
4241+4 opportunity to review drafts of all or part of these
4242+5 documents.
4243+6 This subsection does not prohibit a person or business
4244+7 from submitting a bid or offer or entering into a contract if
4245+8 the person or business: (i) initiates a communication with an
4246+9 employee to provide general information about products,
4247+10 services, or industry best practices, (ii) responds to a
4248+11 communication initiated by an employee of the State for the
4249+12 purposes of providing information to evaluate new products,
4250+13 trends, services, or technologies, or (iii) asks for
4251+14 clarification regarding a solicitation, so long as there is no
4252+15 competitive advantage to the person or business and the
4253+16 question and answer, if material, are posted to the Illinois
4254+17 Procurement Bulletin as an addendum to the solicitation.
4255+18 Nothing in this Section prohibits a vendor developing
4256+19 technology, goods, or services from bidding or offering to
4257+20 supply that technology or those goods or services if the
4258+21 subject demonstrated to the State represents industry trends
4259+22 and innovation and is not specifically designed to meet the
4260+23 State's needs.
4261+24 Nothing in this Section prohibits a person performing
4262+25 construction-related services from initiating contact with a
4263+26 business that performs construction for the purpose of
4264+
4265+
4266+
4267+
4268+
4269+ HB5511 Enrolled - 121 - LRB103 38791 MXP 68928 b
4270+
4271+
4272+HB5511 Enrolled- 122 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 122 - LRB103 38791 MXP 68928 b
4273+ HB5511 Enrolled - 122 - LRB103 38791 MXP 68928 b
4274+1 obtaining market costs or production time to determine the
4275+2 estimated costs to complete the construction project.
4276+3 For purposes of this subsection (e), "business" includes
4277+4 all individuals with whom a business is affiliated, including,
4278+5 but not limited to, any officer, agent, employee, consultant,
4279+6 independent contractor, director, partner, or manager of a
4280+7 business.
4281+8 No person or business shall submit specifications to a
4282+9 State agency unless requested to do so by an employee of the
4283+10 State. No person or business who contracts with a State agency
4284+11 to write specifications for a particular procurement need
4285+12 shall submit a bid or proposal or receive a contract for that
4286+13 procurement need.
4287+14 Nothing in this subsection (e) shall prohibit a person or
4288+15 business from submitting an unsolicited proposal under Section
4289+16 19 of the Public-Private Partnerships for Transportation Act.
4290+17 (Source: P.A. 100-43, eff. 8-9-17.)
4291+18 ARTICLE 50.
4292+19 Section 50-5. The Business Enterprise for Minorities,
4293+20 Women, and Persons with Disabilities Act is amended by
4294+21 changing Sections 2, 5, and 8 and by adding Section 3.5 as
4295+22 follows:
4296+23 (30 ILCS 575/2)
4297+
4298+
4299+
4300+
4301+
4302+ HB5511 Enrolled - 122 - LRB103 38791 MXP 68928 b
4303+
4304+
4305+HB5511 Enrolled- 123 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 123 - LRB103 38791 MXP 68928 b
4306+ HB5511 Enrolled - 123 - LRB103 38791 MXP 68928 b
4307+1 (Section scheduled to be repealed on June 30, 2029)
4308+2 Sec. 2. Definitions.
4309+3 (A) For the purpose of this Act, the following terms shall
4310+4 have the following definitions:
4311+5 (1) "Minority person" shall mean a person who is a
4312+6 citizen or lawful permanent resident of the United States
4313+7 and who is any of the following:
4314+8 (a) American Indian or Alaska Native (a person
4315+9 having origins in any of the original peoples of North
4316+10 and South America, including Central America, and who
4317+11 maintains tribal affiliation or community attachment).
4318+12 (b) Asian (a person having origins in any of the
4319+13 original peoples of the Far East, Southeast Asia, or
4320+14 the Indian subcontinent, including, but not limited
4321+15 to, Cambodia, China, India, Japan, Korea, Malaysia,
4322+16 Pakistan, the Philippine Islands, Thailand, and
4323+17 Vietnam).
4324+18 (c) Black or African American (a person having
4325+19 origins in any of the black racial groups of Africa).
4326+20 (d) Hispanic or Latino (a person of Cuban,
4327+21 Mexican, Puerto Rican, South or Central American, or
4328+22 other Spanish culture or origin, regardless of race).
4329+23 (e) Native Hawaiian or Other Pacific Islander (a
4330+24 person having origins in any of the original peoples
4331+25 of Hawaii, Guam, Samoa, or other Pacific Islands).
4332+26 (2) "Woman" shall mean a person who is a citizen or
4333+
4334+
4335+
4336+
4337+
4338+ HB5511 Enrolled - 123 - LRB103 38791 MXP 68928 b
4339+
4340+
4341+HB5511 Enrolled- 124 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 124 - LRB103 38791 MXP 68928 b
4342+ HB5511 Enrolled - 124 - LRB103 38791 MXP 68928 b
4343+1 lawful permanent resident of the United States and who is
4344+2 of the female gender.
4345+3 (2.05) "Person with a disability" means a person who
4346+4 is a citizen or lawful resident of the United States and is
4347+5 a person qualifying as a person with a disability under
4348+6 subdivision (2.1) of this subsection (A).
4349+7 (2.1) "Person with a disability" means a person with a
4350+8 severe physical or mental disability that:
4351+9 (a) results from:
4352+10 amputation,
4353+11 arthritis,
4354+12 autism,
4355+13 blindness,
4356+14 burn injury,
4357+15 cancer,
4358+16 cerebral palsy,
4359+17 Crohn's disease,
4360+18 cystic fibrosis,
4361+19 deafness,
4362+20 head injury,
4363+21 heart disease,
4364+22 hemiplegia,
4365+23 hemophilia,
4366+24 respiratory or pulmonary dysfunction,
4367+25 an intellectual disability,
4368+26 mental illness,
4369+
4370+
4371+
4372+
4373+
4374+ HB5511 Enrolled - 124 - LRB103 38791 MXP 68928 b
4375+
4376+
4377+HB5511 Enrolled- 125 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 125 - LRB103 38791 MXP 68928 b
4378+ HB5511 Enrolled - 125 - LRB103 38791 MXP 68928 b
4379+1 multiple sclerosis,
4380+2 muscular dystrophy,
4381+3 musculoskeletal disorders,
4382+4 neurological disorders, including stroke and
4383+5 epilepsy,
4384+6 paraplegia,
4385+7 quadriplegia and other spinal cord conditions,
4386+8 sickle cell anemia,
4387+9 ulcerative colitis,
4388+10 specific learning disabilities, or
4389+11 end stage renal failure disease; and
4390+12 (b) substantially limits one or more of the
4391+13 person's major life activities.
4392+14 Another disability or combination of disabilities may
4393+15 also be considered as a severe disability for the purposes
4394+16 of item (a) of this subdivision (2.1) if it is determined
4395+17 by an evaluation of rehabilitation potential to cause a
4396+18 comparable degree of substantial functional limitation
4397+19 similar to the specific list of disabilities listed in
4398+20 item (a) of this subdivision (2.1).
4399+21 (3) "Minority-owned business" means a business which
4400+22 is at least 51% owned by one or more minority persons, or
4401+23 in the case of a corporation, at least 51% of the stock in
4402+24 which is owned by one or more minority persons; and the
4403+25 management and daily business operations of which are
4404+26 controlled by one or more of the minority individuals who
4405+
4406+
4407+
4408+
4409+
4410+ HB5511 Enrolled - 125 - LRB103 38791 MXP 68928 b
4411+
4412+
4413+HB5511 Enrolled- 126 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 126 - LRB103 38791 MXP 68928 b
4414+ HB5511 Enrolled - 126 - LRB103 38791 MXP 68928 b
4415+1 own it.
4416+2 (4) "Women-owned business" means a business which is
4417+3 at least 51% owned by one or more women, or, in the case of
4418+4 a corporation, at least 51% of the stock in which is owned
4419+5 by one or more women; and the management and daily
4420+6 business operations of which are controlled by one or more
4421+7 of the women who own it.
4422+8 (4.1) "Business owned by a person with a disability"
4423+9 means a business that is at least 51% owned by one or more
4424+10 persons with a disability and the management and daily
4425+11 business operations of which are controlled by one or more
4426+12 of the persons with disabilities who own it. A
4427+13 not-for-profit agency for persons with disabilities that
4428+14 is exempt from taxation under Section 501 of the Internal
4429+15 Revenue Code of 1986 is also considered a "business owned
4430+16 by a person with a disability".
4431+17 (4.2) "Council" means the Business Enterprise Council
4432+18 for Minorities, Women, and Persons with Disabilities
4433+19 created under Section 5 of this Act.
4434+20 (4.3) "Commission" means, unless the context clearly
4435+21 indicates otherwise, the Commission on Equity and
4436+22 Inclusion created under the Commission on Equity and
4437+23 Inclusion Act.
4438+24 (4.4) "Certified vendor" means a minority-owned
4439+25 business, women-owned business, or business owned by a
4440+26 person with a disability that is certified by the Business
4441+
4442+
4443+
4444+
4445+
4446+ HB5511 Enrolled - 126 - LRB103 38791 MXP 68928 b
4447+
4448+
4449+HB5511 Enrolled- 127 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 127 - LRB103 38791 MXP 68928 b
4450+ HB5511 Enrolled - 127 - LRB103 38791 MXP 68928 b
4451+1 Enterprise Program.
4452+2 (4.5) "Subcontractor" means a person or entity that
4453+3 enters into a contractual agreement with a prime vendor to
4454+4 provide, on behalf of the prime vendor, goods, services,
4455+5 real property, or remuneration or other monetary
4456+6 consideration that is the subject of the primary State
4457+7 contract. "Subcontractor" includes a sublessee under a
4458+8 State contract.
4459+9 (4.6) "Prime vendor" means any person or entity having
4460+10 a contract that is subject to this Act with a State agency
4461+11 or public institution of higher education.
4462+12 (5) "State contracts" means all contracts entered into
4463+13 by the State, any agency or department thereof, or any
4464+14 public institution of higher education, including
4465+15 community college districts, regardless of the source of
4466+16 the funds with which the contracts are paid, which are not
4467+17 subject to federal reimbursement. "State contracts" does
4468+18 not include contracts awarded by a retirement system,
4469+19 pension fund, or investment board subject to Section
4470+20 1-109.1 of the Illinois Pension Code. This definition
4471+21 shall control over any existing definition under this Act
4472+22 or applicable administrative rule.
4473+23 "State construction contracts" means all State
4474+24 contracts entered into by a State agency or public
4475+25 institution of higher education for the repair,
4476+26 remodeling, renovation or construction of a building or
4477+
4478+
4479+
4480+
4481+
4482+ HB5511 Enrolled - 127 - LRB103 38791 MXP 68928 b
4483+
4484+
4485+HB5511 Enrolled- 128 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 128 - LRB103 38791 MXP 68928 b
4486+ HB5511 Enrolled - 128 - LRB103 38791 MXP 68928 b
4487+1 structure, or for the construction or maintenance of a
4488+2 highway defined in Article 2 of the Illinois Highway Code.
4489+3 (6) "State agencies" shall mean all departments,
4490+4 officers, boards, commissions, institutions and bodies
4491+5 politic and corporate of the State, but does not include
4492+6 the Board of Trustees of the University of Illinois, the
4493+7 Board of Trustees of Southern Illinois University, the
4494+8 Board of Trustees of Chicago State University, the Board
4495+9 of Trustees of Eastern Illinois University, the Board of
4496+10 Trustees of Governors State University, the Board of
4497+11 Trustees of Illinois State University, the Board of
4498+12 Trustees of Northeastern Illinois University, the Board of
4499+13 Trustees of Northern Illinois University, the Board of
4500+14 Trustees of Western Illinois University, municipalities or
4501+15 other local governmental units, or other State
4502+16 constitutional officers.
4503+17 (7) "Public institutions of higher education" means
4504+18 the University of Illinois, Southern Illinois University,
4505+19 Chicago State University, Eastern Illinois University,
4506+20 Governors State University, Illinois State University,
4507+21 Northeastern Illinois University, Northern Illinois
4508+22 University, Western Illinois University, the public
4509+23 community colleges of the State, and any other public
4510+24 universities, colleges, and community colleges now or
4511+25 hereafter established or authorized by the General
4512+26 Assembly.
4513+
4514+
4515+
4516+
4517+
4518+ HB5511 Enrolled - 128 - LRB103 38791 MXP 68928 b
4519+
4520+
4521+HB5511 Enrolled- 129 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 129 - LRB103 38791 MXP 68928 b
4522+ HB5511 Enrolled - 129 - LRB103 38791 MXP 68928 b
4523+1 (8) "Certification" means a determination made by the
4524+2 Council or by one delegated authority from the Council to
4525+3 make certifications, or by a State agency with statutory
4526+4 authority to make such a certification, that a business
4527+5 entity is a business owned by a minority, woman, or person
4528+6 with a disability for whatever purpose. A business owned
4529+7 and controlled by women shall be certified as a
4530+8 "woman-owned business". A business owned and controlled by
4531+9 women who are also minorities shall be certified as both a
4532+10 "women-owned business" and a "minority-owned business".
4533+11 (9) "Control" means the exclusive or ultimate and sole
4534+12 control of the business including, but not limited to,
4535+13 capital investment and all other financial matters,
4536+14 property, acquisitions, contract negotiations, legal
4537+15 matters, officer-director-employee selection and
4538+16 comprehensive hiring, operating responsibilities,
4539+17 cost-control matters, income and dividend matters,
4540+18 financial transactions and rights of other shareholders or
4541+19 joint partners. Control shall be real, substantial and
4542+20 continuing, not pro forma. Control shall include the power
4543+21 to direct or cause the direction of the management and
4544+22 policies of the business and to make the day-to-day as
4545+23 well as major decisions in matters of policy, management
4546+24 and operations. Control shall be exemplified by possessing
4547+25 the requisite knowledge and expertise to run the
4548+26 particular business and control shall not include simple
4549+
4550+
4551+
4552+
4553+
4554+ HB5511 Enrolled - 129 - LRB103 38791 MXP 68928 b
4555+
4556+
4557+HB5511 Enrolled- 130 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 130 - LRB103 38791 MXP 68928 b
4558+ HB5511 Enrolled - 130 - LRB103 38791 MXP 68928 b
4559+1 majority or absentee ownership.
4560+2 (10) "Business" means a business that has annual gross
4561+3 sales of less than $150,000,000 as evidenced by the
4562+4 federal income tax return of the business. A certified
4563+5 vendor with gross sales in excess of this cap may apply to
4564+6 the Council for certification for a particular contract if
4565+7 the vendor can demonstrate that the contract would have
4566+8 significant impact on businesses owned by minorities,
4567+9 women, or persons with disabilities as suppliers or
4568+10 subcontractors or in employment of minorities, women, or
4569+11 persons with disabilities. Firms with gross sales in
4570+12 excess of this cap that are granted certification by the
4571+13 Council shall be granted certification for the life of the
4572+14 contract, including available renewals.
4573+15 (11) "Utilization plan" means an attachment that is
4574+16 made to all bids or proposals and that demonstrates the
4575+17 bidder's or offeror's efforts to meet the
4576+18 contract-specific Business Enterprise Program goal. The
4577+19 utilization plan shall indicate whether the prime vendor
4578+20 intends to meet the Business Enterprise Program goal
4579+21 through its own performance, if it is a certified vendor,
4580+22 or through the use of subcontractors that are certified
4581+23 vendors. The utilization plan shall demonstrate that the
4582+24 Vendor has either: (1) met the entire contract goal or (2)
4583+25 requested a full or partial waiver of the contract goal.
4584+26 If the prime vendor intends to use a subcontractor that is
4585+
4586+
4587+
4588+
4589+
4590+ HB5511 Enrolled - 130 - LRB103 38791 MXP 68928 b
4591+
4592+
4593+HB5511 Enrolled- 131 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 131 - LRB103 38791 MXP 68928 b
4594+ HB5511 Enrolled - 131 - LRB103 38791 MXP 68928 b
4595+1 a certified vendor to fulfill the contract goal, a
4596+2 participation agreement executed between the prime vendor
4597+3 and the certified subcontractor must be included with the
4598+4 utilization plan.
4599+5 (12) "Business Enterprise Program" means the Business
4600+6 Enterprise Program of the Commission on Equity and
4601+7 Inclusion.
4602+8 (13) "Good faith effort" means actions undertaken by a
4603+9 vendor to achieve a contract specific Business Enterprise
4604+10 Program goal that, by scope, intensity, and
4605+11 appropriateness to the objective, can reasonably be
4606+12 expected to fulfill the program's requirements.
4607+13 (14) "Goal" means the participation levels of
4608+14 certified vendors on State contracts.
4609+15 (B) When a business is owned at least 51% by any
4610+16 combination of minority persons, women, or persons with
4611+17 disabilities, even though none of the 3 classes alone holds at
4612+18 least a 51% interest, the ownership requirement for purposes
4613+19 of this Act is considered to be met. The certification
4614+20 category for the business is that of the class holding the
4615+21 largest ownership interest in the business. If 2 or more
4616+22 classes have equal ownership interests, the certification
4617+23 category shall be determined by the business.
4618+24 (Source: P.A. 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23;
4619+25 103-570, eff. 1-1-24.)
4620+
4621+
4622+
4623+
4624+
4625+ HB5511 Enrolled - 131 - LRB103 38791 MXP 68928 b
4626+
4627+
4628+HB5511 Enrolled- 132 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 132 - LRB103 38791 MXP 68928 b
4629+ HB5511 Enrolled - 132 - LRB103 38791 MXP 68928 b
4630+1 (30 ILCS 575/3.5 new)
4631+2 Sec. 3.5. Uniform standard of contract goals.
4632+3 (a) The Business Enterprise Program may establish uniform
4633+4 standards for calculating contract specific Business
4634+5 Enterprise Program goals for all State contracts and State
4635+6 construction contracts subject to this Act. In establishing
4636+7 those standards, the Business Enterprise Program may consider
4637+8 normal industry practice, the scope of the work to be
4638+9 performed under a contract, the availability of vendors that
4639+10 are able to perform the scope of the work to be performed under
4640+11 a contract, the availability of certified vendors that are
4641+12 able to perform the work to be performed under a contract, and
4642+13 the State's progress to date toward meeting the aspirational
4643+14 goals set forth in this Act.
4644+15 (b) Each State agency that is subject to this Act and each
4645+16 public institution of higher education that is subject to this
4646+17 Act may, in accordance with the provisions of this Act, set
4647+18 goals concerning participation in State contracts, including
4648+19 State construction contracts, to which the State agency or
4649+20 public institution of higher education is party. Goals
4650+21 involving State contracts above the small purchase threshold,
4651+22 as defined in Section 20-20 of the Illinois Procurement Code,
4652+23 may be submitted to the Business Enterprise Program for
4653+24 approval, denial, or modification.
4654+25 (c) As used in this Section, the terms "State contract"
4655+26 and "State construction contract" do not include grants from
4656+
4657+
4658+
4659+
4660+
4661+ HB5511 Enrolled - 132 - LRB103 38791 MXP 68928 b
4662+
4663+
4664+HB5511 Enrolled- 133 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 133 - LRB103 38791 MXP 68928 b
4665+ HB5511 Enrolled - 133 - LRB103 38791 MXP 68928 b
4666+1 State agencies to grantees for capital improvements or
4667+2 operational expenses.
4668+3 (30 ILCS 575/5) (from Ch. 127, par. 132.605)
4669+4 (Section scheduled to be repealed on June 30, 2029)
4670+5 Sec. 5. Business Enterprise Council.
4671+6 (1) To help implement, monitor, and enforce the goals of
4672+7 this Act, there is created the Business Enterprise Council for
4673+8 Minorities, Women, and Persons with Disabilities, hereinafter
4674+9 referred to as the Council, composed of the Chairperson of the
4675+10 Commission on Equity and Inclusion, the Secretary of Human
4676+11 Services and the Directors of the Department of Human Rights,
4677+12 the Department of Commerce and Economic Opportunity, the
4678+13 Department of Central Management Services, the Department of
4679+14 Transportation and the Capital Development Board, or their
4680+15 duly appointed representatives, with the Comptroller, or his
4681+16 or her designee, serving as an advisory member of the Council.
4682+17 Ten individuals representing businesses that are
4683+18 minority-owned, women-owned, or owned by persons with
4684+19 disabilities, 2 individuals representing the business
4685+20 community, and a representative of public institutions of
4686+21 higher education shall be appointed by the Governor. These
4687+22 members shall serve 2-year terms and shall be eligible for
4688+23 reappointment. Any vacancy occurring on the Council shall also
4689+24 be filled by the Governor. Any member appointed to fill a
4690+25 vacancy occurring prior to the expiration of the term for
4691+
4692+
4693+
4694+
4695+
4696+ HB5511 Enrolled - 133 - LRB103 38791 MXP 68928 b
4697+
4698+
4699+HB5511 Enrolled- 134 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 134 - LRB103 38791 MXP 68928 b
4700+ HB5511 Enrolled - 134 - LRB103 38791 MXP 68928 b
4701+1 which his or her predecessor was appointed shall be appointed
4702+2 for the remainder of such term. Members of the Council shall
4703+3 serve without compensation but shall be reimbursed for any
4704+4 ordinary and necessary expenses incurred in the performance of
4705+5 their duties.
4706+6 The Chairperson of the Commission shall serve as the
4707+7 Council chairperson and shall select, subject to approval of
4708+8 the Council, a Secretary responsible for the operation of the
4709+9 program who shall serve as the Division Manager of the
4710+10 Business Enterprise for Minorities, Women, and Persons with
4711+11 Disabilities Division of the Commission on Equity and
4712+12 Inclusion.
4713+13 The Director of each State agency and the chief executive
4714+14 officer of each public institution of higher education shall
4715+15 appoint a liaison to the Council. The liaison shall be
4716+16 responsible for submitting to the Council any reports and
4717+17 documents necessary under this Act.
4718+18 (2) The Council's authority and responsibility shall be
4719+19 to:
4720+20 (a) Devise a certification procedure to assure that
4721+21 businesses taking advantage of this Act are legitimately
4722+22 classified as businesses owned by minorities, women, or
4723+23 persons with disabilities and a registration procedure to
4724+24 recognize, without additional evidence of Business
4725+25 Enterprise Program eligibility, the certification of
4726+26 businesses owned by minorities, women, or persons with
4727+
4728+
4729+
4730+
4731+
4732+ HB5511 Enrolled - 134 - LRB103 38791 MXP 68928 b
4733+
4734+
4735+HB5511 Enrolled- 135 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 135 - LRB103 38791 MXP 68928 b
4736+ HB5511 Enrolled - 135 - LRB103 38791 MXP 68928 b
4737+1 disabilities certified by the City of Chicago, Cook
4738+2 County, or other jurisdictional programs with requirements
4739+3 and procedures equaling or exceeding those in this Act.
4740+4 (b) Maintain a list of all businesses legitimately
4741+5 classified as businesses owned by minorities, women, or
4742+6 persons with disabilities to provide to State agencies and
4743+7 public institutions of higher education.
4744+8 (c) Review rules and regulations for the
4745+9 implementation of the program for businesses owned by
4746+10 minorities, women, and persons with disabilities.
4747+11 (d) Review compliance plans submitted by each State
4748+12 agency and public institution of higher education pursuant
4749+13 to this Act.
4750+14 (e) Make annual reports as provided in Section 8f to
4751+15 the Governor and the General Assembly on the status of the
4752+16 program.
4753+17 (f) Serve as a central clearinghouse for information
4754+18 on State contracts, including the maintenance of a list of
4755+19 all pending State contracts upon which businesses owned by
4756+20 minorities, women, and persons with disabilities may bid.
4757+21 At the Council's discretion, maintenance of the list may
4758+22 include 24-hour electronic access to the list along with
4759+23 the bid and application information.
4760+24 (g) Establish a toll-free telephone number to
4761+25 facilitate information requests concerning the
4762+26 certification process and pending contracts.
4763+
4764+
4765+
4766+
4767+
4768+ HB5511 Enrolled - 135 - LRB103 38791 MXP 68928 b
4769+
4770+
4771+HB5511 Enrolled- 136 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 136 - LRB103 38791 MXP 68928 b
4772+ HB5511 Enrolled - 136 - LRB103 38791 MXP 68928 b
4773+1 (h) Adopt a procedure to grant automatic certification
4774+2 to businesses holding a certification from at least one of
4775+3 the following entities: (i) the Illinois Unified
4776+4 Certification Program; (ii) the Women's Business
4777+5 Development Center in Chicago; (iii) the Chicago Minority
4778+6 Supplier Development Council; or (iv) any other similar
4779+7 entity offering such certification to businesses.
4780+8 (i) Develop and maintain a repository for
4781+9 non-certified vendors that: (i) have applied for
4782+10 certification and have been denied; (ii) have started, but
4783+11 not completed, the certification process; (iii) have
4784+12 achieved certification, but did not seek renewal; or (iv)
4785+13 are known businesses owned by minorities, women, or
4786+14 persons with disabilities.
4787+15 (3) No premium bond rate of a surety company for a bond
4788+16 required of a business owned by a minority, woman, or person
4789+17 with a disability bidding for a State contract shall be higher
4790+18 than the lowest rate charged by that surety company for a
4791+19 similar bond in the same classification of work that would be
4792+20 written for a business not owned by a minority, woman, or
4793+21 person with a disability.
4794+22 (4) Any Council member who has direct financial or
4795+23 personal interest in any measure pending before the Council
4796+24 shall disclose this fact to the Council and refrain from
4797+25 participating in the determination upon such measure.
4798+26 (5) The Secretary shall have the following duties and
4799+
4800+
4801+
4802+
4803+
4804+ HB5511 Enrolled - 136 - LRB103 38791 MXP 68928 b
4805+
4806+
4807+HB5511 Enrolled- 137 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 137 - LRB103 38791 MXP 68928 b
4808+ HB5511 Enrolled - 137 - LRB103 38791 MXP 68928 b
4809+1 responsibilities:
4810+2 (a) To be responsible for the day-to-day operation of
4811+3 the Council.
4812+4 (b) To serve as a coordinator for all of the State's
4813+5 programs for businesses owned by minorities, women, and
4814+6 persons with disabilities and as the information and
4815+7 referral center for all State initiatives for businesses
4816+8 owned by minorities, women, and persons with disabilities.
4817+9 (c) To establish an enforcement procedure whereby the
4818+10 Council may recommend to the appropriate State legal
4819+11 officer that the State exercise its legal remedies which
4820+12 shall include (1) termination of the contract involved,
4821+13 (2) prohibition of participation by the respondent in
4822+14 State public contracts for a period not to exceed 3 years,
4823+15 (3) imposition of a penalty not to exceed any profit
4824+16 acquired as a result of violation, or (4) any combination
4825+17 thereof. Such procedures shall require prior approval by
4826+18 Council. All funds collected as penalties under this
4827+19 subsection shall be used exclusively for maintenance and
4828+20 further development of the Business Enterprise Program and
4829+21 encouragement of participation in State procurement by
4830+22 minorities, women, and persons with disabilities.
4831+23 (d) To devise appropriate policies, regulations, and
4832+24 procedures for including participation by businesses owned
4833+25 by minorities, women, and persons with disabilities as
4834+26 prime contractors, including, but not limited to: (i)
4835+
4836+
4837+
4838+
4839+
4840+ HB5511 Enrolled - 137 - LRB103 38791 MXP 68928 b
4841+
4842+
4843+HB5511 Enrolled- 138 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 138 - LRB103 38791 MXP 68928 b
4844+ HB5511 Enrolled - 138 - LRB103 38791 MXP 68928 b
4845+1 encouraging the inclusions of qualified businesses owned
4846+2 by minorities, women, and persons with disabilities on
4847+3 solicitation lists, (ii) investigating the potential of
4848+4 blanket bonding programs for small construction jobs, and
4849+5 (iii) investigating and making recommendations concerning
4850+6 the use of the sheltered market process.
4851+7 (e) To devise procedures for the waiver of the
4852+8 participation goals in appropriate circumstances.
4853+9 (f) To accept donations and, with the approval of the
4854+10 Council or the Chairperson of the Commission on Equity and
4855+11 Inclusion, grants related to the purposes of this Act; to
4856+12 conduct seminars related to the purpose of this Act and to
4857+13 charge reasonable registration fees; and to sell
4858+14 directories, vendor lists, and other such information to
4859+15 interested parties, except that forms necessary to become
4860+16 eligible for the program shall be provided free of charge
4861+17 to a business or individual applying for the Business
4862+18 Enterprise Program.
4863+19 (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
4864+20 102-29, eff. 6-25-21; 102-558, eff. 8-20-21; 102-721, eff.
4865+21 1-1-23.)
4866+22 (30 ILCS 575/8) (from Ch. 127, par. 132.608)
4867+23 (Section scheduled to be repealed on June 30, 2029)
4868+24 Sec. 8. Enforcement.
4869+25 (1) The Commission on Equity and Inclusion shall make such
4870+
4871+
4872+
4873+
4874+
4875+ HB5511 Enrolled - 138 - LRB103 38791 MXP 68928 b
4876+
4877+
4878+HB5511 Enrolled- 139 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 139 - LRB103 38791 MXP 68928 b
4879+ HB5511 Enrolled - 139 - LRB103 38791 MXP 68928 b
4880+1 findings, recommendations and proposals to the Governor as are
4881+2 necessary and appropriate to enforce this Act. If, as a result
4882+3 of its monitoring activities, the Commission determines that
4883+4 its goals and policies are not being met by any State agency or
4884+5 public institution of higher education, the Commission may
4885+6 recommend any or all of the following actions:
4886+7 (a) Establish enforcement procedures whereby the
4887+8 Commission may recommend to the appropriate State agency,
4888+9 public institutions of higher education, or law
4889+10 enforcement officer that legal or administrative remedies
4890+11 be initiated for violations of contract provisions or
4891+12 rules issued hereunder or by a contracting State agency or
4892+13 public institutions of higher education. State agencies
4893+14 and public institutions of higher education shall be
4894+15 authorized to adopt remedies for such violations which
4895+16 shall include (1) termination of the contract involved,
4896+17 (2) prohibition of participation of the respondents in
4897+18 public contracts for a period not to exceed one year, (3)
4898+19 imposition of a penalty not to exceed any profit acquired
4899+20 as a result of violation, or (4) any combination thereof.
4900+21 (b) If the Commission concludes that a compliance plan
4901+22 submitted under Section 6 is unlikely to produce the
4902+23 participation goals for businesses owned by minorities,
4903+24 women, and persons with disabilities within the then
4904+25 current fiscal year, the Commission may recommend that the
4905+26 State agency or public institution of higher education
4906+
4907+
4908+
4909+
4910+
4911+ HB5511 Enrolled - 139 - LRB103 38791 MXP 68928 b
4912+
4913+
4914+HB5511 Enrolled- 140 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 140 - LRB103 38791 MXP 68928 b
4915+ HB5511 Enrolled - 140 - LRB103 38791 MXP 68928 b
4916+1 revise its plan to provide additional opportunities for
4917+2 participation by businesses owned by minorities, women,
4918+3 and persons with disabilities. Such recommended revisions
4919+4 may include, but shall not be limited to, the following:
4920+5 (i) assurances of stronger and better focused
4921+6 solicitation efforts to obtain more businesses owned
4922+7 by minorities, women, and persons with disabilities as
4923+8 potential sources of supply;
4924+9 (ii) division of the scope of work job or project
4925+10 requirements, when economically feasible, into tasks
4926+11 or quantities to permit participation of businesses
4927+12 owned by minorities, women, and persons with
4928+13 disabilities;
4929+14 (iii) elimination of extended experience or
4930+15 capitalization requirements, when programmatically
4931+16 feasible, to permit participation of businesses owned
4932+17 by minorities, women, and persons with disabilities;
4933+18 (iv) identification of specific proposed contracts
4934+19 as particularly attractive or appropriate for
4935+20 participation by businesses owned by minorities,
4936+21 women, and persons with disabilities, such
4937+22 identification to result from and be coupled with the
4938+23 efforts of subparagraphs (i) through (iii);
4939+24 (v) implementation of those regulations
4940+25 established for the use of the sheltered market
4941+26 process.
4942+
4943+
4944+
4945+
4946+
4947+ HB5511 Enrolled - 140 - LRB103 38791 MXP 68928 b
4948+
4949+
4950+HB5511 Enrolled- 141 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 141 - LRB103 38791 MXP 68928 b
4951+ HB5511 Enrolled - 141 - LRB103 38791 MXP 68928 b
4952+1 (2) State agencies and public institutions of higher
4953+2 education shall monitor a vendor's compliance with its
4954+3 utilization plan and the terms of its contract. Without
4955+4 limitation, a vendor's failure to comply with its contractual
4956+5 commitments as contained in the utilization plan; failure to
4957+6 cooperate in providing information regarding its compliance
4958+7 with its utilization plan; or the provision of false or
4959+8 misleading information or statements concerning compliance,
4960+9 certification status, or eligibility of the Business
4961+10 Enterprise Program-certified vendor, good faith efforts, or
4962+11 any other material fact or representation shall constitute a
4963+12 material breach of the contract and entitle the State agency
4964+13 or public institution of higher education to declare a
4965+14 default, terminate the contract, or exercise those remedies
4966+15 provided for in the contract, at law, or in equity.
4967+16 (3) Prior to the expiration or termination of a contract,
4968+17 State agencies and public institutions of higher education
4969+18 shall evaluate the contractor's fulfillment of the contract
4970+19 goals for participation by certified businesses owned by
4971+20 minorities, women, and persons with disabilities. The agency
4972+21 or public institution of higher education shall prepare a
4973+22 report of the vendor's compliance with the contract goals and
4974+23 file it with the Secretary. If the Secretary determines that
4975+24 the vendor did not fulfill the contract goals, the vendor
4976+25 shall be in breach of the contract and may be subject to
4977+26 remedies or sanctions, unless the vendor can show that it made
4978+
4979+
4980+
4981+
4982+
4983+ HB5511 Enrolled - 141 - LRB103 38791 MXP 68928 b
4984+
4985+
4986+HB5511 Enrolled- 142 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 142 - LRB103 38791 MXP 68928 b
4987+ HB5511 Enrolled - 142 - LRB103 38791 MXP 68928 b
4988+1 good faith efforts to meet the contract goals. Such remedies
4989+2 or sanctions for failing to make good faith efforts may
4990+3 include (i) disqualification of the contractor from doing
4991+4 business with the State for a period of no more than one year
4992+5 or (ii) cancellation, without any penalty to the State, of any
4993+6 contract entered into by the vendor. The Business Enterprise
4994+7 Program shall develop procedures for determining whether a
4995+8 vendor has made good faith efforts to meet the contract goals
4996+9 upon the expiration or termination of a contract.
4997+10 (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
4998+11 ARTICLE 55.
4999+12 Section 55-5. The Public Contract Fraud Act is amended by
5000+13 changing Section 2 as follows:
5001+14 (30 ILCS 545/2) (from Ch. 127, par. 132.52)
5002+15 Sec. 2. Spending money without obtaining title to land;
5003+16 approval of title by Attorney General.
5004+17 (a) Except as otherwise provided in Section 2 of the
5005+18 Superconducting Super Collider Act or for projects constructed
5006+19 under the Bikeway Act, any person or persons, commissioner or
5007+20 commissioners, or other officer or officers, entrusted with
5008+21 the construction or repair of any public work or improvement,
5009+22 as set forth in Section 1, who shall expend or cause to be
5010+23 expended upon such public work or improvement, the whole or
5011+
5012+
5013+
5014+
5015+
5016+ HB5511 Enrolled - 142 - LRB103 38791 MXP 68928 b
5017+
5018+
5019+HB5511 Enrolled- 143 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 143 - LRB103 38791 MXP 68928 b
5020+ HB5511 Enrolled - 143 - LRB103 38791 MXP 68928 b
5021+1 any part of the moneys appropriated therefor, or who shall
5022+2 commence work, or in any way authorize work to be commenced,
5023+3 thereon, without first having obtained a title, by purchase,
5024+4 donation, condemnation or otherwise, to all lands needed for
5025+5 such public work or improvement, running to the People of the
5026+6 State of Illinois; such title to be approved by the Attorney
5027+7 General, and his approval certified by the Secretary of State
5028+8 and placed on record in his office, shall be deemed guilty of a
5029+9 Class A misdemeanor.
5030+10 (b) Approval of title by the Attorney General for all
5031+11 lands needed for a public work or improvement shall not be
5032+12 required as established under subsection (a) of this Section
5033+13 and the State Comptroller may draw warrant in payment of
5034+14 consideration for all such lands without requiring approval of
5035+15 title by the Attorney General if consideration to be paid does
5036+16 not exceed $25,000 $10,000 and the title acquired for such
5037+17 lands is for:
5038+18 (1) a fee simple title or easement acquired by the
5039+19 State for highway right-of-way; or
5040+20 (2) an acquisition of rights or easements of access,
5041+21 crossing, light, air or view to, from or over a freeway
5042+22 vested in abutting property; or
5043+23 (3) a fee simple title or easement used to place
5044+24 utility lines and connect a permanent public work or
5045+25 improvement owned by the State to main utility lines; or
5046+26 (4) for the purpose of flood relief or other water
5047+
5048+
5049+
5050+
5051+
5052+ HB5511 Enrolled - 143 - LRB103 38791 MXP 68928 b
5053+
5054+
5055+HB5511 Enrolled- 144 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 144 - LRB103 38791 MXP 68928 b
5056+ HB5511 Enrolled - 144 - LRB103 38791 MXP 68928 b
5057+1 resource projects.
5058+2 (c) This Section does not apply to any otherwise lawful
5059+3 expenditures for the construction, completion, remodeling,
5060+4 maintenance and equipment of buildings and other facilities
5061+5 made in connection with and upon premises owned by the
5062+6 Illinois Building Authority, nor shall this Section apply to
5063+7 improvements to real estate leased by any State agency as
5064+8 defined in the Illinois State Auditing Act, provided the
5065+9 leasehold improvements were contracted for by an agency with
5066+10 leasing authority and in compliance with the rules and
5067+11 regulations promulgated by such agency for that purpose.
5068+12 (Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)
5069+13 ARTICLE 60.
5070+14 Section 60-5. The Metropolitan Water Reclamation District
5071+15 Act is amended by changing Sections 11.3 and 11.5 as follows:
5072+16 (70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
5073+17 Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
5074+18 all purchase orders or contracts involving amounts in excess
5075+19 of the mandatory competitive bid threshold and made by or on
5076+20 behalf of the sanitary district for labor, services or work,
5077+21 the purchase, lease or sale of personal property, materials,
5078+22 equipment or supplies, or the granting of any concession,
5079+23 shall be let by free and open competitive bidding after
5080+
5081+
5082+
5083+
5084+
5085+ HB5511 Enrolled - 144 - LRB103 38791 MXP 68928 b
5086+
5087+
5088+HB5511 Enrolled- 145 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 145 - LRB103 38791 MXP 68928 b
5089+ HB5511 Enrolled - 145 - LRB103 38791 MXP 68928 b
5090+1 advertisement, to the lowest responsible bidder or to the
5091+2 highest responsible bidder, as the case may be, depending upon
5092+3 whether the sanitary district is to expend or receive money.
5093+4 All such purchase orders or contracts which shall involve
5094+5 amounts that will not exceed the mandatory competitive bid
5095+6 threshold, shall also be let in the manner prescribed above
5096+7 whenever practicable, except that after solicitation of bids,
5097+8 such purchase orders or contracts may be let in the open
5098+9 market, in a manner calculated to insure the best interests of
5099+10 the public. The provisions of this section are subject to any
5100+11 contrary provisions contained in "An Act concerning the use of
5101+12 Illinois mined coal in certain plants and institutions", filed
5102+13 July 13, 1937, as heretofore and hereafter amended. For
5103+14 purposes of this Section, the "mandatory competitive bid
5104+15 threshold" is a dollar amount equal to 0.1% of the total
5105+16 general fixed assets of the district as reported in the most
5106+17 recent required audit report. In no event, however, shall the
5107+18 mandatory competitive bid threshold dollar amount be less than
5108+19 $60,000 $10,000 or more than $40,000.
5109+20 If a unit of local government performs non-emergency
5110+21 construction, alteration, repair, improvement, or maintenance
5111+22 work on the public way, the sanitary district may enter into an
5112+23 intergovernmental agreement with the unit of local government
5113+24 allowing similar construction work to be performed by the
5114+25 sanitary district on the same project, in an amount no greater
5115+26 than $100,000, to save taxpayer funds and eliminate
5116+
5117+
5118+
5119+
5120+
5121+ HB5511 Enrolled - 145 - LRB103 38791 MXP 68928 b
5122+
5123+
5124+HB5511 Enrolled- 146 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 146 - LRB103 38791 MXP 68928 b
5125+ HB5511 Enrolled - 146 - LRB103 38791 MXP 68928 b
5126+1 duplication of government effort. The sanitary district and
5127+2 the other unit of local government shall, before work is
5128+3 performed by either unit of local government on a project,
5129+4 adopt a resolution by a majority vote of both governing bodies
5130+5 certifying work will occur at a specific location, the reasons
5131+6 why both units of local government require work to be
5132+7 performed in the same location, and the projected cost savings
5133+8 if work is performed by both units of local government on the
5134+9 same project. Officials or employees of the sanitary district
5135+10 may, if authorized by resolution, purchase in the open market
5136+11 any supplies, materials, equipment, or services for use within
5137+12 the project in an amount no greater than $100,000 without
5138+13 advertisement or without filing a requisition or estimate. A
5139+14 full written account of each project performed by the sanitary
5140+15 district and a requisition for the materials, supplies,
5141+16 equipment, and services used by the sanitary district required
5142+17 to complete the project must be submitted by the officials or
5143+18 employees authorized to make purchases to the board of
5144+19 trustees of the sanitary district no later than 30 days after
5145+20 purchase. The full written account must be available for
5146+21 public inspection for at least one year after expenditures are
5147+22 made.
5148+23 Notwithstanding the provisions of this Section, the
5149+24 sanitary district is expressly authorized to establish such
5150+25 procedures as it deems appropriate to comply with state or
5151+26 federal regulations as to affirmative action and the
5152+
5153+
5154+
5155+
5156+
5157+ HB5511 Enrolled - 146 - LRB103 38791 MXP 68928 b
5158+
5159+
5160+HB5511 Enrolled- 147 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 147 - LRB103 38791 MXP 68928 b
5161+ HB5511 Enrolled - 147 - LRB103 38791 MXP 68928 b
5162+1 utilization of small and minority businesses in construction
5163+2 and procurement contracts.
5164+3 (Source: P.A. 100-882, eff. 8-14-18.)
5165+4 (70 ILCS 2605/11.5) (from Ch. 42, par. 331.5)
5166+5 Sec. 11.5. In the event of an emergency affecting the
5167+6 public health or safety, so declared by action of the board of
5168+7 trustees, which declaration shall describe the nature of the
5169+8 injurious effect upon the public health or safety, contracts
5170+9 may be let to the extent necessary to resolve such emergency
5171+10 without public advertisement. The declaration shall fix the
5172+11 date upon which such emergency shall terminate. The date may
5173+12 be extended or abridged by the board of trustees as in its
5174+13 judgment the circumstances require.
5175+14 The executive director appointed in accordance with
5176+15 Section 4 of this Act shall authorize in writing and certify to
5177+16 the director of procurement and materials management those
5178+17 officials or employees of the several departments of the
5179+18 sanitary district who may purchase in the open market without
5180+19 filing a requisition or estimate therefor, and without
5181+20 advertisement, any supplies, materials, equipment or services,
5182+21 for immediate delivery to meet bona fide operating emergencies
5183+22 where the amount thereof is not in excess of $100,000 $50,000;
5184+23 provided, that the director of procurement and materials
5185+24 management shall be notified of such emergency. A full written
5186+25 account of any such emergency together with a requisition for
5187+
5188+
5189+
5190+
5191+
5192+ HB5511 Enrolled - 147 - LRB103 38791 MXP 68928 b
5193+
5194+
5195+HB5511 Enrolled- 148 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 148 - LRB103 38791 MXP 68928 b
5196+ HB5511 Enrolled - 148 - LRB103 38791 MXP 68928 b
5197+1 the materials, supplies, equipment or services required
5198+2 therefor shall be submitted immediately by the requisitioning
5199+3 agent to the executive director and such report and
5200+4 requisition shall be submitted to the director of procurement
5201+5 and materials management and shall be open to public
5202+6 inspection for a period of at least one year subsequent to the
5203+7 date of such emergency purchase. The exercise of authority in
5204+8 respect to purchases for such bona fide operating emergencies
5205+9 shall not be dependent upon a declaration of emergency by the
5206+10 board of trustees under the first paragraph of this Section.
5207+11 (Source: P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09.)
5208+12 ARTICLE 65.
5209+13 Section 65-5. The Illinois Procurement Code is amended by
5210+14 changing Section 45-105 as follows:
5211+15 (30 ILCS 500/45-105)
5212+16 Sec. 45-105. Bid preference for Illinois businesses.
5213+17 (a) (Blank).
5214+18 (b) It is hereby declared to be the public policy of the
5215+19 State of Illinois to promote the economy of Illinois through
5216+20 the use of Illinois businesses for all State construction
5217+21 contracts.
5218+22 (c) A construction agency, as defined in Section 1-15.25,
5219+23 Construction agencies procuring construction and
5220+
5221+
5222+
5223+
5224+
5225+ HB5511 Enrolled - 148 - LRB103 38791 MXP 68928 b
5226+
5227+
5228+HB5511 Enrolled- 149 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 149 - LRB103 38791 MXP 68928 b
5229+ HB5511 Enrolled - 149 - LRB103 38791 MXP 68928 b
5230+1 construction-related professional services shall make
5231+2 reasonable efforts to contract with Illinois businesses.
5232+3 (d) Each Beginning in 2022, each construction agency shall
5233+4 submit a report to the Governor and the General Assembly by
5234+5 December September 1 of each year that identifies the Illinois
5235+6 businesses procured by the construction agency, the primary
5236+7 location of the construction project, the percentage of the
5237+8 construction agency's utilization of Illinois businesses on
5238+9 the project as a whole, and the actions that the construction
5239+10 agency has undertaken to increase the use of Illinois
5240+11 businesses.
5241+12 (e) In procuring construction and construction-related
5242+13 professional services for projects with a total value that
5243+14 exceeds the small purchase maximum established by Section
5244+15 20-20 of this Code, construction agencies shall provide a bid
5245+16 preference to a responsive and responsible bidder that is an
5246+17 Illinois business as defined in this Section. The construction
5247+18 agency shall allocate to the lowest bid by an Illinois
5248+19 business that is responsible and responsive a bid preference
5249+20 of 4% of the contract base bid. This subsection applies only to
5250+21 projects where a business that is not an Illinois business
5251+22 submits a bid.
5252+23 (f) This Section does not apply to any contract for any
5253+24 project for which federal funds are available for expenditure
5254+25 when its provisions may be in conflict with federal law or
5255+26 federal regulation.
5256+
5257+
5258+
5259+
5260+
5261+ HB5511 Enrolled - 149 - LRB103 38791 MXP 68928 b
5262+
5263+
5264+HB5511 Enrolled- 150 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 150 - LRB103 38791 MXP 68928 b
5265+ HB5511 Enrolled - 150 - LRB103 38791 MXP 68928 b
5266+1 (g) As used in this Section, "Illinois business" means a
5267+2 contractor that is operating and headquartered in Illinois and
5268+3 providing, at the time that an invitation for a bid or notice
5269+4 of contract opportunity is first advertised, construction or
5270+5 construction-related professional services, and is operating
5271+6 as:
5272+7 (1) a sole proprietor whose primary residence is in
5273+8 Illinois;
5274+9 (2) a business incorporated or organized as a domestic
5275+10 corporation under the Business Corporation Act of 1983;
5276+11 (3) a business organized as a domestic partnership
5277+12 under the Uniform Partnership Act of 1997;
5278+13 (4) a business organized as a domestic limited
5279+14 partnership under the Uniform Limited Partnership Act of
5280+15 2001;
5281+16 (5) a business organized under the Limited Liability
5282+17 Company Act; or
5283+18 (6) a business organized under the Professional
5284+19 Limited Liability Company Act.
5285+20 "Illinois business" does not include any subcontractors.
5286+21 (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
5287+22 ARTICLE 70.
5288+23 Section 70-5. The Governmental Joint Purchasing Act is
5289+24 amended by changing Section 4 as follows:
5290+
5291+
5292+
5293+
5294+
5295+ HB5511 Enrolled - 150 - LRB103 38791 MXP 68928 b
5296+
5297+
5298+HB5511 Enrolled- 151 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 151 - LRB103 38791 MXP 68928 b
5299+ HB5511 Enrolled - 151 - LRB103 38791 MXP 68928 b
5300+1 (30 ILCS 525/4) (from Ch. 85, par. 1604)
5301+2 Sec. 4. Bids, offers, and small purchases. The purchases
5302+3 of all personal property, supplies and services under this
5303+4 Act, except for small purchases, shall be based on competitive
5304+5 solicitations unless, for purchases made pursuant to
5305+6 subsection (a) of Section 2 of this Act, it is the
5306+7 determination of the applicable chief procurement officer that
5307+8 it is impractical to obtain competition. Purchases pursuant to
5308+9 this Section shall follow the same procedures used for
5309+10 competitive solicitations made pursuant to the Illinois
5310+11 Procurement Code when the State is a party to the joint
5311+12 purchase. For purchases made pursuant to subsection (a) of
5312+13 Section 2 of this Act where the applicable chief procurement
5313+14 officer makes the determination that it is impractical to
5314+15 obtain competition, purchases shall either follow the same
5315+16 procedure used for sole source procurements in Section 20-25
5316+17 of the Illinois Procurement Code or the same procedure used
5317+18 for emergency purchases in Section 20-30 of the Illinois
5318+19 Procurement Code. For purchases pursuant to subsection (a) of
5319+20 Section 2, bids and offers shall be solicited by public notice
5320+21 inserted at least once in a newspaper of general circulation
5321+22 in one of the counties where the materials are to be used and
5322+23 at least 5 calendar days before the final date of submitting
5323+24 bids or offers, except as otherwise provided in this Section.
5324+25 Where the State of Illinois is a party to the joint purchase
5325+
5326+
5327+
5328+
5329+
5330+ HB5511 Enrolled - 151 - LRB103 38791 MXP 68928 b
5331+
5332+
5333+HB5511 Enrolled- 152 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 152 - LRB103 38791 MXP 68928 b
5334+ HB5511 Enrolled - 152 - LRB103 38791 MXP 68928 b
5335+1 agreement, public notice soliciting the bids or offers shall
5336+2 be published in the appropriate volume of the Illinois
5337+3 Procurement Bulletin. Such notice shall include a general
5338+4 description of the supplies or services to be purchased and
5339+5 shall state where specifications may be obtained and the time
5340+6 and place for the opening of bids and offers. The governmental
5341+7 unit conducting the competitive procurement process may also
5342+8 solicit sealed bids or offers by sending requests by mail to
5343+9 potential contractors and by posting notices on a public
5344+10 bulletin board in its office. Small purchases pursuant to this
5345+11 Section shall follow the same procedure used for small
5346+12 purchases in Section 20-20 of the Illinois Procurement Code.
5347+13 All purchases, orders or contracts shall be awarded to the
5348+14 lowest responsible bidder or highest-ranked offeror, as ranked
5349+15 by the cooperative purchasing program, or, if not ranked by
5350+16 the cooperative purchasing program then by the purchasing
5351+17 governmental unit, when the purchasing governmental unit
5352+18 determines that the selected contract best meets the
5353+19 governmental unit's needs, taking into consideration the
5354+20 qualities of the articles or services supplied, their
5355+21 conformity with the specifications, their suitability to the
5356+22 requirements of the participating governmental units and the
5357+23 delivery terms. A governmental unit may purchase a supply or
5358+24 service that is available on contracts from multiple
5359+25 contractors if the governmental unit determines that the
5360+26 selected contract best meets the governmental unit's needs.
5361+
5362+
5363+
5364+
5365+
5366+ HB5511 Enrolled - 152 - LRB103 38791 MXP 68928 b
5367+
5368+
5369+HB5511 Enrolled- 153 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 153 - LRB103 38791 MXP 68928 b
5370+ HB5511 Enrolled - 153 - LRB103 38791 MXP 68928 b
5371+1 Where the State of Illinois is not a party, all bids or
5372+2 offers may be rejected and new bids or offers solicited if one
5373+3 or more of the participating governmental units believes the
5374+4 public interest may be served thereby. Each bid or offer, with
5375+5 the name of the bidder or offeror, shall be entered on a
5376+6 record, which record with the successful bid or offer,
5377+7 indicated thereon shall, after the award of the purchase or
5378+8 order or contract, be open to public inspection. A copy of all
5379+9 contracts shall be filed with the purchasing office or clerk
5380+10 or secretary of each participating governmental unit.
5381+11 (Source: P.A. 100-43, eff. 8-9-17.)
5382+12 ARTICLE 75.
5383+13 Section 75-5. The Commission on Equity and Inclusion Act
5384+14 is amended by changing Section 40-10 as follows:
5385+15 (30 ILCS 574/40-10)
5386+16 Sec. 40-10. Powers and duties. In addition to the other
5387+17 powers and duties which may be prescribed in this Act or
5388+18 elsewhere, the Commission shall have the following powers and
5389+19 duties:
5390+20 (1) The Commission shall have a role in all State and
5391+21 university procurement by facilitating and streamlining
5392+22 communications between the Business Enterprise Council for
5393+23 Minorities, Women, and Persons with Disabilities, the
5394+
5395+
5396+
5397+
5398+
5399+ HB5511 Enrolled - 153 - LRB103 38791 MXP 68928 b
5400+
5401+
5402+HB5511 Enrolled- 154 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 154 - LRB103 38791 MXP 68928 b
5403+ HB5511 Enrolled - 154 - LRB103 38791 MXP 68928 b
5404+1 purchasing entities, the Chief Procurement Officers, and
5405+2 others.
5406+3 (2) The Commission may create a scoring evaluation for
5407+4 State agency directors, public university presidents and
5408+5 chancellors, and public community college presidents. The
5409+6 scoring shall be based on the following 3 principles: (i)
5410+7 increasing capacity; (ii) growing revenue; and (iii)
5411+8 enhancing credentials. These principles should be the
5412+9 foundation of the agency compliance plan required under
5413+10 Section 6 of the Business Enterprise for Minorities,
5414+11 Women, and Persons with Disabilities Act.
5415+12 (3) The Commission shall exercise the authority and
5416+13 duties provided to it under Section 5-7 of the Illinois
5417+14 Procurement Code.
5418+15 (4) The Commission, working with State agencies, shall
5419+16 provide support for diversity in State hiring.
5420+17 (5) The Commission shall supervise oversee the
5421+18 implementation and effectiveness of supplier diversity
5422+19 training of the State procurement workforce.
5423+20 (6) Each January, and as otherwise frequently as may
5424+21 be deemed necessary and appropriate by the Commission, the
5425+22 Commission shall propose and submit to the Governor and
5426+23 the General Assembly legislative changes to increase
5427+24 inclusion and diversity in State government.
5428+25 (7) The Commission shall have oversight over the
5429+26 following entities:
5430+
5431+
5432+
5433+
5434+
5435+ HB5511 Enrolled - 154 - LRB103 38791 MXP 68928 b
5436+
5437+
5438+HB5511 Enrolled- 155 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 155 - LRB103 38791 MXP 68928 b
5439+ HB5511 Enrolled - 155 - LRB103 38791 MXP 68928 b
5440+1 (A) the Illinois African-American Family
5441+2 Commission;
5442+3 (B) the Illinois Latino Family Commission;
5443+4 (C) the Asian American Family Commission;
5444+5 (D) the Illinois Muslim American Advisory Council;
5445+6 (E) the Illinois African-American Fair Contracting
5446+7 Commission created under Executive Order 2018-07; and
5447+8 (F) the Business Enterprise Council for
5448+9 Minorities, Women, and Persons with Disabilities.
5449+10 (8) The Commission shall adopt any rules necessary for
5450+11 the implementation and administration of the requirements
5451+12 of this Act.
5452+13 (9) The Commission shall exercise the authority and
5453+14 duties provided to it under Section 45-57 of the Illinois
5454+15 Procurement Code.
5455+16 (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21;
5456+17 102-671, eff. 11-30-21.)
5457+18 ARTICLE 80.
5458+19 Section 80-5. The Metropolitan Pier and Exposition
5459+20 Authority Act is amended by changing Sections 24 and 25.4 as
5460+21 follows:
5461+22 (70 ILCS 210/24) (from Ch. 85, par. 1244)
5462+23 Sec. 24. All contracts for the sale of property of the
5463+
5464+
5465+
5466+
5467+
5468+ HB5511 Enrolled - 155 - LRB103 38791 MXP 68928 b
5469+
5470+
5471+HB5511 Enrolled- 156 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 156 - LRB103 38791 MXP 68928 b
5472+ HB5511 Enrolled - 156 - LRB103 38791 MXP 68928 b
5473+1 value of more than $10,000 or for any concession in or lease of
5474+2 property of the Authority for a term of more than one year
5475+3 shall be awarded to the highest responsible bidder, after
5476+4 advertising for bids, except as may be otherwise authorized by
5477+5 this Act. All construction contracts, when the cost will
5478+6 exceed $30,000, and contracts for supplies, materials,
5479+7 equipment and services, when the cost thereof will exceed
5480+8 $100,000 $10,000, shall be let to the lowest responsible
5481+9 bidder, after advertising for bids, excepting (1) when repair
5482+10 parts, accessories, equipment or services are required for
5483+11 equipment or services previously furnished or contracted for,
5484+12 (2) professional services contracted for in accordance with
5485+13 Section 25.1 of this Act, (3) when services such as water,
5486+14 light, heat, power, telephone (other than long-distance
5487+15 service) or telegraph are required, (4) when contracts for the
5488+16 use, purchase, delivery, movement, or installation of data
5489+17 processing equipment, software, or services and
5490+18 telecommunications equipment, software, and services are
5491+19 required, and (5) when the immediate delivery of supplies,
5492+20 materials, equipment, or services is required and (i) the
5493+21 chief executive officer determines that an emergency situation
5494+22 exists; (ii) the contract accepted is based on the lowest
5495+23 responsible bid after the Authority has made a diligent effort
5496+24 to solicit multiple bids by telephone, facsimile, or other
5497+25 efficient means; and (iii) the chief executive officer submits
5498+26 a report at the next regular Board meeting, to be ratified by
5499+
5500+
5501+
5502+
5503+
5504+ HB5511 Enrolled - 156 - LRB103 38791 MXP 68928 b
5505+
5506+
5507+HB5511 Enrolled- 157 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 157 - LRB103 38791 MXP 68928 b
5508+ HB5511 Enrolled - 157 - LRB103 38791 MXP 68928 b
5509+1 the Board and entered into the official record, stating the
5510+2 chief executive officer's reason for declaring an emergency
5511+3 situation, the names of the other parties solicited and their
5512+4 bids, and a copy of the contract awarded.
5513+5 All construction contracts involving less than $30,000 and
5514+6 all other contracts involving less than $100,000 $10,000 shall
5515+7 be let by competitive bidding whenever possible, and in any
5516+8 event in a manner calculated to insure the best interests of
5517+9 the public.
5518+10 Each bidder shall disclose in his bid the name of each
5519+11 individual having a beneficial interest, directly or
5520+12 indirectly, of more than 7 1/2% in such bidding entity and, if
5521+13 such bidding entity is a corporation, the names of each of its
5522+14 officers and directors. The bidder shall notify the Board of
5523+15 any changes in its ownership or its officers or directors at
5524+16 the time such changes occur if the change occurs during the
5525+17 pendency of a proposal or a contract.
5526+18 In determining the responsibility of any bidder, the Board
5527+19 may take into account past record of dealings with the bidder,
5528+20 experience, adequacy of equipment, ability to complete
5529+21 performance within the time set, and other factors besides
5530+22 financial responsibility, but in no case shall any such
5531+23 contracts be awarded to any other than the highest bidder (in
5532+24 case of sale or concession or lease) or the lowest bidder (in
5533+25 case of purchase or expenditure) unless authorized or approved
5534+26 by a vote of at least three-fourths of the members of the
5535+
5536+
5537+
5538+
5539+
5540+ HB5511 Enrolled - 157 - LRB103 38791 MXP 68928 b
5541+
5542+
5543+HB5511 Enrolled- 158 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 158 - LRB103 38791 MXP 68928 b
5544+ HB5511 Enrolled - 158 - LRB103 38791 MXP 68928 b
5545+1 Board, and unless such action is accompanied by a statement in
5546+2 writing setting forth the reasons for not awarding the
5547+3 contract to the highest or lowest bidder, as the case may be,
5548+4 which statement shall be kept on file in the principal office
5549+5 of the Authority and open to public inspection.
5550+6 From the group of responsible bidders the lowest bidder
5551+7 shall be selected in the following manner: to all bids for
5552+8 sales the gross receipts of which are not taxable under the
5553+9 "Retailers' Occupation Tax Act", approved June 28, 1933, as
5554+10 amended, there shall be added an amount equal to the tax which
5555+11 would be payable under said Act, if applicable, and the lowest
5556+12 in amount of said adjusted bids and bids for sales the gross
5557+13 receipts of which are taxable under said Act shall be
5558+14 considered the lowest bid; provided, that, if said lowest bid
5559+15 relates to a sale not taxable under said Act, any contract
5560+16 entered into thereon shall be in the amount of the original bid
5561+17 not adjusted as aforesaid.
5562+18 Contracts shall not be split into parts involving
5563+19 expenditures of less than $100,000 $10,000 (or $30,000 in the
5564+20 case of construction contracts) for the purposes of avoiding
5565+21 the provisions of this Section, and all such split contracts
5566+22 shall be void. If any collusion occurs among bidders or
5567+23 prospective bidders in restraint of freedom of competition, by
5568+24 agreement to bid a fixed amount or to refrain from bidding, or
5569+25 otherwise, the bids of such bidders shall be void. Each bidder
5570+26 shall accompany his bid with a sworn statement that he has not
5571+
5572+
5573+
5574+
5575+
5576+ HB5511 Enrolled - 158 - LRB103 38791 MXP 68928 b
5577+
5578+
5579+HB5511 Enrolled- 159 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 159 - LRB103 38791 MXP 68928 b
5580+ HB5511 Enrolled - 159 - LRB103 38791 MXP 68928 b
5581+1 been a party to any such agreement.
5582+2 The Board shall have the right to reject all bids and to
5583+3 readvertise for bids. If after any such readvertisement no
5584+4 responsible and satisfactory bid, within the terms of the
5585+5 advertisement, shall be received, the Board may award such
5586+6 contract without competitive bidding, provided that it shall
5587+7 not be less advantageous to the Authority than any valid bid
5588+8 received pursuant to advertisement.
5589+9 The Board shall adopt rules and regulations of general
5590+10 application within 90 days of the effective date of this
5591+11 amendatory Act of 1985 to carry into effect the provisions of
5592+12 this Section.
5593+13 (Source: P.A. 91-422, eff. 1-1-00.)
5594+14 (70 ILCS 210/25.4)
5595+15 Sec. 25.4. Contracts for professional services.
5596+16 (a) When the Authority proposes to enter into a contract
5597+17 or agreement for professional services, other than the
5598+18 marketing agreement required in Section 5.6, the Authority
5599+19 shall use a request for proposal process in accordance with
5600+20 the Illinois Procurement Code.
5601+21 (b) Any person that submits a response to a request for
5602+22 proposals under this Section shall disclose in the response
5603+23 the name of each individual having a beneficial interest
5604+24 directly or indirectly of more than 7 1/2% in such person and,
5605+25 if such person is a corporation, the names of each of its
5606+
5607+
5608+
5609+
5610+
5611+ HB5511 Enrolled - 159 - LRB103 38791 MXP 68928 b
5612+
5613+
5614+HB5511 Enrolled- 160 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 160 - LRB103 38791 MXP 68928 b
5615+ HB5511 Enrolled - 160 - LRB103 38791 MXP 68928 b
5616+1 officers and directors. The person shall notify the Board of
5617+2 any changes in its ownership or its officers or directors at
5618+3 the time such changes occur if the change occurs during the
5619+4 pendency of a proposal or a contract.
5620+5 (c) All contracts and agreements under this Section shall
5621+6 be authorized and approved by the Board and shall be set forth
5622+7 in a writing executed by the contractor and the Authority. No
5623+8 payment shall be made under this Section until a written
5624+9 contract or agreement shall be so authorized, approved, and
5625+10 executed. A copy of each contract or agreement (whether or not
5626+11 exempted under this Section) and the response, if any, to the
5627+12 request for proposals upon which the contract was awarded must
5628+13 be filed with the Secretary of the Authority and is required to
5629+14 be open for public inspection.
5630+15 (d) This Section applies to (i) contracts in excess of
5631+16 $25,000 for architectural, engineering, or land surveying
5632+17 services provided to the Authority; (ii) (i) contracts in
5633+18 excess of $100,000 $25,000 for other professional services
5634+19 provided to the Authority, including the services of
5635+20 accountants, architects, attorneys, engineers, physicians,
5636+21 superintendents of construction, financial advisors, bond
5637+22 trustees, and other similar professionals possessing a high
5638+23 degree of skill; and (iii) (ii) contracts or bond purchase
5639+24 agreements in excess of $10,000 with underwriters or
5640+25 investment bankers with respect to sale of the Authority's
5641+26 bonds under this Act. This Section shall not apply to
5642+
5643+
5644+
5645+
5646+
5647+ HB5511 Enrolled - 160 - LRB103 38791 MXP 68928 b
5648+
5649+
5650+HB5511 Enrolled- 161 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 161 - LRB103 38791 MXP 68928 b
5651+ HB5511 Enrolled - 161 - LRB103 38791 MXP 68928 b
5652+1 contracts for professional services to be provided by, or the
5653+2 agreement is with, a State agency, federal agency, or unit of
5654+3 local government.
5655+4 (Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)
5656+5 ARTICLE 85.
5657+6 Section 85-5. The Public-Private Partnerships for
5658+7 Transportation Act is amended by changing Sections 10, 15, 19,
5659+8 and 35 as follows:
5660+9 (630 ILCS 5/10)
5661+10 Sec. 10. Definitions. As used in this Act:
5662+11 "Approved proposal" means the proposal that is approved by
5663+12 the responsible public entity pursuant to subsection (j) of
5664+13 Section 20 of this Act.
5665+14 "Approved proposer" means the private entity whose
5666+15 proposal is the approved proposal.
5667+16 "Authority" means the Illinois State Toll Highway
5668+17 Authority.
5669+18 "Contractor" means a private entity that has entered into
5670+19 a public-private agreement with the responsible public entity
5671+20 to provide services to or on behalf of the responsible public
5672+21 entity.
5673+22 "Department" means the Illinois Department of
5674+23 Transportation.
5675+
5676+
5677+
5678+
5679+
5680+ HB5511 Enrolled - 161 - LRB103 38791 MXP 68928 b
5681+
5682+
5683+HB5511 Enrolled- 162 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 162 - LRB103 38791 MXP 68928 b
5684+ HB5511 Enrolled - 162 - LRB103 38791 MXP 68928 b
5685+1 "Design-build agreement" means the agreement between the
5686+2 selected private entity and the responsible public entity
5687+3 under which the selected private entity agrees to furnish
5688+4 design, construction, and related services for a
5689+5 transportation facility under this Act.
5690+6 "Develop" or "development" means to do one or more of the
5691+7 following: plan, design, develop, lease, acquire, install,
5692+8 construct, reconstruct, rehabilitate, extend, or expand.
5693+9 "Maintain" or "maintenance" includes ordinary maintenance,
5694+10 repair, rehabilitation, capital maintenance, maintenance
5695+11 replacement, and any other categories of maintenance that may
5696+12 be designated by the responsible public entity.
5697+13 "Operate" or "operation" means to do one or more of the
5698+14 following: maintain, improve, equip, modify, or otherwise
5699+15 operate.
5700+16 "Private entity" means any combination of one or more
5701+17 individuals, corporations, general partnerships, limited
5702+18 liability companies, limited partnerships, joint ventures,
5703+19 business trusts, nonprofit entities, or other business
5704+20 entities that are parties to a proposal for a transportation
5705+21 project or an agreement related to a transportation project. A
5706+22 public agency may provide services to a contractor as a
5707+23 subcontractor or subconsultant without affecting the private
5708+24 status of the private entity and the ability to enter into a
5709+25 public-private agreement. A transportation agency is not a
5710+26 private entity.
5711+
5712+
5713+
5714+
5715+
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5717+
5718+
5719+HB5511 Enrolled- 163 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 163 - LRB103 38791 MXP 68928 b
5720+ HB5511 Enrolled - 163 - LRB103 38791 MXP 68928 b
5721+1 "Proposal" means all materials and documents prepared by
5722+2 or on behalf of a private entity relating to the proposed
5723+3 development, financing, or operation of a transportation
5724+4 facility as a transportation project.
5725+5 "Proposer" means a private entity that has submitted an
5726+6 unsolicited proposal for a public-private agreement to a
5727+7 responsible public entity under this Act or a proposal or
5728+8 statement of qualifications for a public-private agreement in
5729+9 response to a request for proposals or a request for
5730+10 qualifications issued by a responsible public entity under
5731+11 this Act.
5732+12 "Public-private agreement" means the public-private
5733+13 agreement between the contractor and the responsible public
5734+14 entity relating to one or more of the development, financing,
5735+15 or operation of a transportation project that is entered into
5736+16 under this Act.
5737+17 "Request for information" means all materials and
5738+18 documents prepared by or on behalf of the responsible public
5739+19 entity to solicit information from private entities with
5740+20 respect to transportation projects.
5741+21 "Request for proposals" means all materials and documents
5742+22 prepared by or on behalf of the responsible public entity to
5743+23 solicit proposals from private entities to enter into a
5744+24 public-private agreement.
5745+25 "Request for qualifications" means all materials and
5746+26 documents prepared by or on behalf of the responsible public
5747+
5748+
5749+
5750+
5751+
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5753+
5754+
5755+HB5511 Enrolled- 164 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 164 - LRB103 38791 MXP 68928 b
5756+ HB5511 Enrolled - 164 - LRB103 38791 MXP 68928 b
5757+1 entity to solicit statements of qualification from private
5758+2 entities to enter into a public-private agreement.
5759+3 "Responsible public entity" means the Department of
5760+4 Transportation, the Illinois State Toll Highway Authority, and
5761+5 the 5 most populous counties of Illinois, as of the most recent
5762+6 publicly available decennial census.
5763+7 "Revenues" means all revenues, including any combination
5764+8 of: income; earnings and interest; user fees; lease payments;
5765+9 allocations; federal, State, and local appropriations, grants,
5766+10 loans, lines of credit, and credit guarantees; bond proceeds;
5767+11 equity investments; service payments; or other receipts;
5768+12 arising out of or in connection with a transportation project,
5769+13 including the development, financing, and operation of a
5770+14 transportation project. The term includes money received as
5771+15 grants, loans, lines of credit, credit guarantees, or
5772+16 otherwise in aid of a transportation project from the federal
5773+17 government, the State, a unit of local government, or any
5774+18 agency or instrumentality of the federal government, the
5775+19 State, or a unit of local government.
5776+20 "Shortlist" means the process by which a responsible
5777+21 public entity will review, evaluate, and rank statements of
5778+22 qualifications submitted in response to a request for
5779+23 qualifications and then identify the proposers who are
5780+24 eligible to submit a detailed proposal in response to a
5781+25 request for proposals. The identified proposers constitute the
5782+26 shortlist for the transportation project to which the request
5783+
5784+
5785+
5786+
5787+
5788+ HB5511 Enrolled - 164 - LRB103 38791 MXP 68928 b
5789+
5790+
5791+HB5511 Enrolled- 165 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 165 - LRB103 38791 MXP 68928 b
5792+ HB5511 Enrolled - 165 - LRB103 38791 MXP 68928 b
5793+1 for proposals relates.
5794+2 "Transportation agency" means (i) the Department or (ii)
5795+3 the Authority.
5796+4 "Transportation facility" means any new or existing road,
5797+5 highway, toll highway, bridge, tunnel, intermodal facility,
5798+6 intercity or high-speed passenger rail, or other
5799+7 transportation facility or infrastructure, excluding airports,
5800+8 under the jurisdiction of a responsible public entity, except
5801+9 those facilities for the Illiana Expressway. The term
5802+10 "transportation facility" may refer to one or more
5803+11 transportation facilities that are proposed to be developed or
5804+12 operated as part of a single transportation project.
5805+13 "Transportation project" or "project" means any or the
5806+14 combination of the design, development, construction,
5807+15 financing, or operation with respect to all or a portion of any
5808+16 transportation facility under the jurisdiction of the
5809+17 responsible public entity, except those facilities for the
5810+18 Illiana Expressway, undertaken pursuant to this Act.
5811+19 "Unit of local government" has the meaning ascribed to
5812+20 that term in Article VII, Section 1 of the Constitution of the
5813+21 State of Illinois and also means any unit designated as a
5814+22 municipal corporation.
5815+23 "Unsolicited proposal" means a written proposal that is
5816+24 submitted to a transportation agency responsible public entity
5817+25 on the initiative of the private sector entity or entities for
5818+26 the purpose of developing a partnership, and that is not in
5819+
5820+
5821+
5822+
5823+
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5825+
5826+
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5828+ HB5511 Enrolled - 166 - LRB103 38791 MXP 68928 b
5829+1 response to a formal or informal request issued by a
5830+2 transportation agency responsible public entity.
5831+3 "User fees" or "tolls" means the rates, tolls, fees, or
5832+4 other charges imposed by the contractor for use of all or a
5833+5 portion of a transportation project under a public-private
5834+6 agreement.
5835+7 (Source: P.A. 103-570, eff. 1-1-24.)
5836+8 (630 ILCS 5/15)
5837+9 Sec. 15. Formation of public-private agreements; project
5838+10 planning.
5839+11 (a) Each responsible public entity may exercise the powers
5840+12 granted by this Act to do some or all to design, develop,
5841+13 construct, finance, and operate any part of one or more
5842+14 transportation projects through public-private agreements with
5843+15 one or more private entities, except for transportation
5844+16 projects for the Illiana Expressway as defined in the Public
5845+17 Private Agreements for the Illiana Expressway Act. The net
5846+18 proceeds, if any, arising out of a transportation project or
5847+19 public-private agreement undertaken by the Department pursuant
5848+20 to this Act shall be deposited into the Public-Private
5849+21 Partnerships for Transportation Fund. The net proceeds arising
5850+22 out of a transportation project or public-private agreement
5851+23 undertaken by the Authority pursuant to this Act shall be
5852+24 deposited into the Illinois State Toll Highway Authority Fund
5853+25 and shall be used only as authorized by Section 23 of the Toll
5854+
5855+
5856+
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5859+ HB5511 Enrolled - 166 - LRB103 38791 MXP 68928 b
5860+
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5863+ HB5511 Enrolled - 167 - LRB103 38791 MXP 68928 b
5864+1 Highway Act.
5865+2 (b) The Authority may enter into a public-private
5866+3 partnership to design, develop, construct, finance, and
5867+4 operate new toll highways authorized by the Governor and the
5868+5 General Assembly pursuant to Section 14.1 of the Toll Highway
5869+6 Act, non-highway transportation projects on the toll highway
5870+7 system such as commuter rail or high-speed rail lines, and
5871+8 intelligent transportation infrastructure that will enhance
5872+9 the safety, efficiency, and environmental quality of the toll
5873+10 highway system. The Authority may operate or provide
5874+11 operational services such as toll collection on highways which
5875+12 are developed or financed, or both, through a public-private
5876+13 agreement entered into by another public entity, under an
5877+14 agreement with the public entity or contractor responsible for
5878+15 the transportation project.
5879+16 (c) A contractor has:
5880+17 (1) all powers allowed by law generally to a private
5881+18 entity having the same form of organization as the
5882+19 contractor; and
5883+20 (2) the power to develop, finance, and operate the
5884+21 transportation facility and to impose user fees in
5885+22 connection with the use of the transportation facility,
5886+23 subject to the terms of the public-private agreement.
5887+24 No tolls or user fees may be imposed by the contractor
5888+25 except as set forth in a public-private agreement.
5889+26 (d) Prior to commencing the procurement process under an
5890+
5891+
5892+
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5896+
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5899+ HB5511 Enrolled - 168 - LRB103 38791 MXP 68928 b
5900+1 unsolicited proposal or the issuance of any request for
5901+2 qualifications or request for proposals with respect to any
5902+3 potential project undertaken by a responsible public entity
5903+4 pursuant to Section 19 or 20 of this Act, the commencement of a
5904+5 procurement process for that particular potential project
5905+6 shall be authorized by joint resolution of the General
5906+7 Assembly.
5907+8 (e) (Blank).
5908+9 (f) Any project undertaken under this Act shall be subject
5909+10 to all applicable planning requirements otherwise required by
5910+11 law, including land use planning, regional planning,
5911+12 transportation planning, and environmental compliance
5912+13 requirements.
5913+14 (g) (Blank).
5914+15 (h) The responsible public entity shall hold one or more
5915+16 public hearings before entering into negotiations with a
5916+17 proposer following its submittals to the General Assembly
5917+18 under subsection (d) of this Section. These public hearings
5918+19 shall address any potential project that the responsible
5919+20 public entity submitted to the General Assembly for review
5920+21 under subsection (d). The responsible public entity shall
5921+22 publish a notice of the hearing or hearings at least 7 days
5922+23 before a hearing takes place, and shall include the following
5923+24 in the notice: (i) the date, time, and place of the hearing and
5924+25 the address of the responsible public entity; (ii) a brief
5925+26 description of the potential projects that the responsible
5926+
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5935+ HB5511 Enrolled - 169 - LRB103 38791 MXP 68928 b
5936+1 public entity is considering undertaking; and (iii) a
5937+2 statement that the public may comment on the potential
5938+3 projects.
5939+4 (i) Each year, at least 30 days prior to the beginning of
5940+5 the transportation agency's fiscal year, the transportation
5941+6 agency shall submit a description of potential projects that
5942+7 the transportation agency is considering undertaking under
5943+8 this Act to each county, municipality, and metropolitan
5944+9 planning organization, with respect to each project located
5945+10 within its boundaries.
5946+11 (j) A new transportation facility developed as a project
5947+12 under this Act must be consistent with the regional plan then
5948+13 in existence of a metropolitan planning organization in whose
5949+14 boundaries the project is located.
5950+15 (Source: P.A. 103-570, eff. 1-1-24.)
5951+16 (630 ILCS 5/19)
5952+17 Sec. 19. Unsolicited proposals.
5953+18 (a) A transportation agency responsible public entity may
5954+19 receive unsolicited proposals for a project and may thereafter
5955+20 enter into a public-private agreement with a private entity,
5956+21 or a consortium of private entities, for the design,
5957+22 construction, upgrading, operating, ownership, or financing of
5958+23 facilities.
5959+24 (b) A transportation agency responsible public entity may
5960+25 consider, evaluate, and accept an unsolicited proposal for a
5961+
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5970+ HB5511 Enrolled - 170 - LRB103 38791 MXP 68928 b
5971+1 public-private partnership project from a private entity if
5972+2 the proposal:
5973+3 (1) is independently developed and drafted by the
5974+4 proposer without transportation agency responsible public
5975+5 entity supervision;
5976+6 (2) shows that the proposed project could benefit the
5977+7 transportation system;
5978+8 (3) includes a financing plan to allow the project to
5979+9 move forward pursuant to the applicable transportation
5980+10 agency's responsible public entity's budget and finance
5981+11 requirements; and
5982+12 (4) includes sufficient detail and information for the
5983+13 transportation agency responsible public entity to
5984+14 evaluate the proposal in an objective and timely manner
5985+15 and permit a determination that the project would be
5986+16 worthwhile.
5987+17 (c) The unsolicited proposal shall include the following:
5988+18 (1) an executive summary covering the major elements
5989+19 of the proposal;
5990+20 (2) qualifications concerning the experience,
5991+21 expertise, technical competence, and qualifications of the
5992+22 private entity and of each member of its management team
5993+23 and of other key employees, consultants, and
5994+24 subcontractors, including the name, address, and
5995+25 professional designation;
5996+26 (3) a project description, including, when applicable:
5997+
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6006+ HB5511 Enrolled - 171 - LRB103 38791 MXP 68928 b
6007+1 (A) the limits, scope, and location of the
6008+2 proposed project;
6009+3 (B) right-of-way requirements;
6010+4 (C) connections with other facilities and
6011+5 improvements to those facilities necessary if the
6012+6 project is developed;
6013+7 (D) a conceptual project design; and
6014+8 (E) a statement of the project's relationship to
6015+9 and impact upon relevant existing plans of the
6016+10 transportation agency responsible public entity;
6017+11 (4) a facilities project schedule, including when
6018+12 applicable, estimates of:
6019+13 (A) dates of contract award;
6020+14 (B) start of construction;
6021+15 (C) completion of construction;
6022+16 (D) start of operations; and
6023+17 (E) major maintenance or reconstruction activities
6024+18 during the life of the proposed project agreement;
6025+19 (5) an operating plan describing the operation of the
6026+20 completed facility if operation of a facility is part of
6027+21 the proposal, describing the management structure and
6028+22 approach, the proposed period of operations, enforcement,
6029+23 emergency response, and other relevant information;
6030+24 (6) a finance plan describing the proposed financing
6031+25 of the project, identifying the source of funds to, where
6032+26 applicable, design, construct, maintain, and manage the
6033+
6034+
6035+
6036+
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6039+
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6042+ HB5511 Enrolled - 172 - LRB103 38791 MXP 68928 b
6043+1 project during the term of the proposed contract; and
6044+2 (7) the legal basis for the project and licenses and
6045+3 certifications; the private entity must demonstrate that
6046+4 it has all licenses and certificates necessary to complete
6047+5 the project.
6048+6 (c-5) A transportation agency shall develop rules for
6049+7 receiving, reviewing, and implementing unsolicited proposals
6050+8 as outlined in this Section. A transportation agency shall
6051+9 submit these rules for the First Notice period within one year
6052+10 after the effective date of this amendatory Act of the 103rd
6053+11 General Assembly. A transportation agency shall not receive
6054+12 unsolicited proposals until rules are adopted.
6055+13 (c-10) A transportation agency shall receive unsolicited
6056+14 proposals no more than every 2 years for a time frame of no
6057+15 more than 90 days.
6058+16 (c-15) A nonnegotiable proposal review fee of $25,000
6059+17 shall be required for an unsolicited proposal submitted under
6060+18 this Act. A proposal review fee that is submitted with a
6061+19 proposal for a project that is not an eligible project, or that
6062+20 the Department is not otherwise legally authorized to accept,
6063+21 shall be returned to the proposer. All other proposal review
6064+22 fees are nonrefundable.
6065+23 (d) Within 120 days after receiving an unsolicited
6066+24 proposal, the transportation agency responsible public entity
6067+25 shall complete a preliminary evaluation of the unsolicited
6068+26 proposal and shall either:
6069+
6070+
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6078+ HB5511 Enrolled - 173 - LRB103 38791 MXP 68928 b
6079+1 (1) if the preliminary evaluation is unfavorable,
6080+2 return the proposal without further action;
6081+3 (2) if the preliminary evaluation is favorable, notify
6082+4 the proposer that the transportation agency responsible
6083+5 public entity will further evaluate the proposal; or
6084+6 (3) request amendments, clarification, or modification
6085+7 of the unsolicited proposal.
6086+8 (e) The procurement process for unsolicited proposals
6087+9 shall be as follows:
6088+10 (1) If the transportation agency responsible public
6089+11 entity chooses to further evaluate an unsolicited proposal
6090+12 with the intent to enter into a public-private agreement
6091+13 for the proposed project, then the transportation agency
6092+14 responsible public entity shall publish notice in its
6093+15 regular online publication for relevant procurements the
6094+16 Illinois Procurement Bulletin or in a newspaper of general
6095+17 circulation covering the location of the project at least
6096+18 once a week for 2 weeks stating that the transportation
6097+19 agency responsible public entity has received a proposal
6098+20 and will accept other proposals for the same project. The
6099+21 time frame within which the transportation agency
6100+22 responsible public entity may accept other proposals shall
6101+23 be determined by the transportation agency responsible
6102+24 public entity on a project-by-project basis based upon the
6103+25 complexity of the transportation project and the public
6104+26 benefit to be gained by allowing a longer or shorter
6105+
6106+
6107+
6108+
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6114+ HB5511 Enrolled - 174 - LRB103 38791 MXP 68928 b
6115+1 period of time within which other proposals may be
6116+2 received; however, the time frame for allowing other
6117+3 proposals must be at least 21 days, but no more than 120
6118+4 days, after the initial date of publication.
6119+5 (2) A copy of the notice must be mailed to each local
6120+6 government directly affected by the transportation
6121+7 project.
6122+8 (3) The transportation agency responsible public
6123+9 entity shall provide reasonably sufficient information,
6124+10 including the identity of its contact person, to enable
6125+11 other private entities to make proposals.
6126+12 (4) If, after no less than 120 days, no
6127+13 counterproposal is received, or if the counterproposals
6128+14 are evaluated and found to be equal to or inferior to the
6129+15 original unsolicited proposal, the transportation agency
6130+16 responsible public entity may proceed to negotiate a
6131+17 contract with the original proposer.
6132+18 (5) If, after no less than 120 days, one or more
6133+19 counterproposals meeting unsolicited proposal standards
6134+20 are received, and if, in the opinion of the transportation
6135+21 agency responsible public entity, the counterproposals are
6136+22 evaluated and found to be superior to the original
6137+23 unsolicited proposal, the transportation agency
6138+24 responsible public entity shall proceed to determine the
6139+25 successful participant through a final procurement phase
6140+26 known as "Best and Final Offer" (BAFO). The BAFO is a
6141+
6142+
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6150+ HB5511 Enrolled - 175 - LRB103 38791 MXP 68928 b
6151+1 process whereby a transportation agency responsible public
6152+2 entity shall invite the original private sector party and
6153+3 the proponent submitting the superior counterproposal to
6154+4 engage in a BAFO phase. The invitation to participate in
6155+5 the BAFO phase will provide to each participating
6156+6 proposer:
6157+7 (A) the general concepts that were considered
6158+8 superior to the original proposal, while keeping
6159+9 proprietary information contained in the proposals
6160+10 confidential to the extent possible; and
6161+11 (B) the preestablished evaluation criteria or the
6162+12 "basis of award" to be used to determine the
6163+13 successful proponent.
6164+14 (6) Offers received in response to the BAFO invitation
6165+15 will be reviewed by the transportation agency responsible
6166+16 public entity and scored in accordance with a
6167+17 preestablished criteria, or alternatively, in accordance
6168+18 with the basis of award provision identified through the
6169+19 BAFO process. The successful proponent will be the
6170+20 proponent offering "best value" to the transportation
6171+21 agency responsible public entity.
6172+22 (7) In all cases, the basis of award will be the best
6173+23 value to the transportation agency responsible public
6174+24 entity, as determined by the transportation agency
6175+25 responsible public entity.
6176+26 (f) After a comprehensive evaluation and acceptance of an
6177+
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6186+ HB5511 Enrolled - 176 - LRB103 38791 MXP 68928 b
6187+1 unsolicited proposal and any alternatives, the transportation
6188+2 agency must provide public notice of the proposal to members
6189+3 of impacted communities meeting the following criteria:
6190+4 responsible public entity
6191+5 (1) Public notice shall be meaningful, timely, and
6192+6 effective public notice of a proposal to members of
6193+7 impacted communities, accounting for linguistic needs and
6194+8 other relevant characteristics, and provide meaningful
6195+9 opportunity for public comment on a proposal.
6196+10 (2) The public notice and project application shall be
6197+11 translated into non-English languages in impacted
6198+12 communities where a language other than English is widely
6199+13 spoken.
6200+14 (3) The notice must, at a minimum, include all of the
6201+15 following:
6202+16 (A) the name of the applicant;
6203+17 (B) the location of the use;
6204+18 (C) a brief description of the use and its
6205+19 impacts; and
6206+20 (D) a link to a website where the application and
6207+21 more detailed information on the use and its impacts
6208+22 can be found.
6209+23 (4) The notice shall be written at a third or fourth
6210+24 grade reading level to ensure ease of understanding for
6211+25 all members of the public.
6212+26 (f-5) The transportation agency shall provide an
6213+
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6222+ HB5511 Enrolled - 177 - LRB103 38791 MXP 68928 b
6223+1 opportunity for public comment, which must, at a minimum,
6224+2 include one public meeting within an impacted community. The
6225+3 notice of a public meeting required under this subsection must
6226+4 include:
6227+5 (1) the date, time, and location of the public meeting
6228+6 required under this Section;
6229+7 (2) the date and time of all public meetings regarding
6230+8 the project;
6231+9 (3) where to access the project description required
6232+10 under paragraph (3) of subsection (c), if applicable;
6233+11 (4) the expected location of the project associated
6234+12 construction duration; and
6235+13 (5) a non-English version of the notice if 10% or more
6236+14 of the local population speaks a primary language other
6237+15 than English, which shall reflect the prevalent languages
6238+16 of the non-English speaking residents in that area.
6239+17 The public meeting is subject to the following rules:
6240+18 (1) The public meeting must begin after 5:00 p.m. and
6241+19 be located at a venue that is in a location within an
6242+20 impacted equity investment community and easily accessible
6243+21 to residents of other impacted equity investment eligible
6244+22 communities.
6245+23 (2) The public meeting must be at a venue that is
6246+24 accessible to persons with disabilities and the owner or
6247+25 operator of the venue must provide reasonable
6248+26 accommodations, as defined in the Americans with
6249+
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6258+ HB5511 Enrolled - 178 - LRB103 38791 MXP 68928 b
6259+1 Disabilities Act, upon request.
6260+2 (3) The transportation agency must provide translation
6261+3 services during a public meeting if a proposed project is
6262+4 located in an area in which 10% or more of the local
6263+5 population speaks a primary language other than English,
6264+6 if requested by a non-English speaking member of the
6265+7 public.
6266+8 During a public meeting, a proposer must:
6267+9 (1) present the schedule and process for the project;
6268+10 (2) include a question-and-answer portion of the
6269+11 meeting to allow the public to ask questions; and
6270+12 (3) ensure that representatives that speak on behalf
6271+13 of the contractor are qualified and knowledgeable on the
6272+14 subject matter to answer questions posed by the public.
6273+15 The transportation agency shall have a representative
6274+16 present at the public meeting who is familiar with the
6275+17 proposed project. The transportation agency must create a
6276+18 meeting summary, including issues raised by the public, and
6277+19 respond to all questions in writing no later than 14 days after
6278+20 the meeting. The transportation agency shall post the summary
6279+21 and responses to the transportation agency's publicly
6280+22 accessible website and advise the telephone, email, and text
6281+23 lists along with the meeting summary document. The
6282+24 transportation agency shall ensure that the public meeting is
6283+25 made available to watch and participate in a meaningful way
6284+26 online and recorded. The recording shall be made available on
6285+
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6294+ HB5511 Enrolled - 179 - LRB103 38791 MXP 68928 b
6295+1 a publicly accessible website.
6296+2 After the public notice requirements are completed, the
6297+3 transportation agency may commence negotiations with a
6298+4 proposer, considering:
6299+5 (1) the proposal has received a favorable
6300+6 comprehensive evaluation;
6301+7 (2) the proposal is not duplicative of existing
6302+8 infrastructure project;
6303+9 (3) the alternative proposal does not closely resemble
6304+10 a pending competitive proposal for a public-private
6305+11 private partnership or other procurement;
6306+12 (4) the proposal demonstrates a unique method,
6307+13 approach, or concept;
6308+14 (5) facts and circumstances that preclude or warrant
6309+15 additional competition;
6310+16 (6) the availability of any funds, debts, or assets
6311+17 that the State will contribute to the project;
6312+18 (7) facts and circumstances demonstrating that the
6313+19 project will likely have a significant adverse impact on
6314+20 on State bond ratings; and
6315+21 (8) indemnifications included in the proposal.
6316+22 (Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)
6317+23 (630 ILCS 5/35)
6318+24 Sec. 35. Public-private agreements.
6319+25 (a) A responsible public entity may enter into
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6329+ HB5511 Enrolled - 180 - LRB103 38791 MXP 68928 b
6330+1 public-private agreements as outlined in this Section. The
6331+2 transportation agency may receive unsolicited proposals to
6332+3 enter into public-private agreements as outlined in Section
6333+4 19.
6334+5 (a-5) (a) Unless undertaking actions otherwise permitted
6335+6 in an interim agreement entered into under Section 30 of this
6336+7 Act, before developing, financing, or operating the
6337+8 transportation project, the approved proposer shall enter into
6338+9 a public-private agreement with the responsible public entity
6339+10 transportation agency. Subject to the requirements of this
6340+11 Act, a public-private agreement may provide that the approved
6341+12 proposer, acting on behalf of the responsible public entity,
6342+13 is partially or entirely responsible for any combination of
6343+14 developing, financing, or operating the transportation project
6344+15 under terms set forth in the public-private agreement.
6345+16 (b) The public-private agreement may, as determined
6346+17 appropriate by the responsible public entity for the
6347+18 particular transportation project, provide for some or all of
6348+19 the following:
6349+20 (1) Development, financing, and operation of the
6350+21 transportation project under terms set forth in the
6351+22 public-private agreement, in any form as deemed
6352+23 appropriate by the responsible public entity, including,
6353+24 but not limited to, a long-term concession and lease, a
6354+25 design-bid-build agreement, a design-build agreement, a
6355+26 design-build-maintain agreement, a design-build-finance
6356+
6357+
6358+
6359+
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6366+1 agreement, a design-build-operate-maintain agreement and a
6367+2 design-build-finance-operate-maintain agreement.
6368+3 (2) Delivery of performance and payment bonds or other
6369+4 performance security determined suitable by the
6370+5 responsible public entity, including letters of credit,
6371+6 United States bonds and notes, parent guaranties, and cash
6372+7 collateral, in connection with the development, financing,
6373+8 or operation of the transportation project, in the forms
6374+9 and amounts set forth in the public-private agreement or
6375+10 otherwise determined as satisfactory by the responsible
6376+11 public entity to protect the responsible public entity and
6377+12 payment bond beneficiaries who have a direct contractual
6378+13 relationship with the contractor or a subcontractor of the
6379+14 contractor to supply labor or material. The payment or
6380+15 performance bond or alternative form of performance
6381+16 security is not required for the portion of a
6382+17 public-private agreement that includes only design,
6383+18 planning, or financing services, the performance of
6384+19 preliminary studies, or the acquisition of real property.
6385+20 (3) Review of plans for any development or operation,
6386+21 or both, of the transportation project by the responsible
6387+22 public entity.
6388+23 (4) Inspection of any construction of or improvements
6389+24 to the transportation project by the responsible public
6390+25 entity or another entity designated by the responsible
6391+26 public entity or under the public-private agreement to
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6401+ HB5511 Enrolled - 182 - LRB103 38791 MXP 68928 b
6402+1 ensure that the construction or improvements conform to
6403+2 the standards set forth in the public-private agreement or
6404+3 are otherwise acceptable to the responsible public entity.
6405+4 (5) Maintenance of:
6406+5 (A) one or more policies of public liability
6407+6 insurance (copies of which shall be filed with the
6408+7 responsible public entity accompanied by proofs of
6409+8 coverage); or
6410+9 (B) self-insurance;
6411+10 each in form and amount as set forth in the public-private
6412+11 agreement or otherwise satisfactory to the responsible
6413+12 public entity as reasonably sufficient to insure coverage
6414+13 of tort liability to the public and employees and to
6415+14 enable the continued operation of the transportation
6416+15 project.
6417+16 (6) Where operations are included within the
6418+17 contractor's obligations under the public-private
6419+18 agreement, monitoring of the maintenance practices of the
6420+19 contractor by the responsible public entity or another
6421+20 entity designated by the responsible public entity or
6422+21 under the public-private agreement and the taking of the
6423+22 actions the responsible public entity finds appropriate to
6424+23 ensure that the transportation project is properly
6425+24 maintained.
6426+25 (7) Reimbursement to be paid to the responsible public
6427+26 entity as set forth in the public-private agreement for
6428+
6429+
6430+
6431+
6432+
6433+ HB5511 Enrolled - 182 - LRB103 38791 MXP 68928 b
6434+
6435+
6436+HB5511 Enrolled- 183 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 183 - LRB103 38791 MXP 68928 b
6437+ HB5511 Enrolled - 183 - LRB103 38791 MXP 68928 b
6438+1 services provided by the responsible public entity.
6439+2 (8) Filing of appropriate financial statements and
6440+3 reports as set forth in the public-private agreement or as
6441+4 otherwise in a form acceptable to the responsible public
6442+5 entity on a periodic basis.
6443+6 (9) Compensation or payments to the contractor.
6444+7 Compensation or payments may include any or a combination
6445+8 of the following:
6446+9 (A) a base fee and additional fee for project
6447+10 savings as the design-builder of a construction
6448+11 project;
6449+12 (B) a development fee, payable on a lump sum
6450+13 lump-sum basis, progress payment basis, time and
6451+14 materials basis, or another basis deemed appropriate
6452+15 by the responsible public entity;
6453+16 (C) an operations fee, payable on a lump sum
6454+17 lump-sum basis, time and material basis, periodic
6455+18 basis, or another basis deemed appropriate by the
6456+19 responsible public entity;
6457+20 (D) some or all of the revenues, if any, arising
6458+21 out of operation of the transportation project;
6459+22 (E) a maximum rate of return on investment or
6460+23 return on equity or a combination of the two;
6461+24 (F) in-kind services, materials, property,
6462+25 equipment, or other items;
6463+26 (G) compensation in the event of any termination;
6464+
6465+
6466+
6467+
6468+
6469+ HB5511 Enrolled - 183 - LRB103 38791 MXP 68928 b
6470+
6471+
6472+HB5511 Enrolled- 184 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 184 - LRB103 38791 MXP 68928 b
6473+ HB5511 Enrolled - 184 - LRB103 38791 MXP 68928 b
6474+1 (H) availability payments or similar arrangements
6475+2 whereby payments are made to the contractor pursuant
6476+3 to the terms set forth in the public-private agreement
6477+4 or related agreements; or
6478+5 (I) other compensation set forth in the
6479+6 public-private agreement or otherwise deemed
6480+7 appropriate by the responsible public entity.
6481+8 (10) Compensation or payments to the responsible
6482+9 public entity, if any. Compensation or payments may
6483+10 include any or a combination of the following:
6484+11 (A) a concession or lease payment or other fee,
6485+12 which may be payable upfront or on a periodic basis or
6486+13 on another basis deemed appropriate by the responsible
6487+14 public entity;
6488+15 (B) sharing of revenues, if any, from the
6489+16 operation of the transportation project;
6490+17 (C) sharing of project savings from the
6491+18 construction of the transportation project;
6492+19 (D) payment for any services, materials,
6493+20 equipment, personnel, or other items provided by the
6494+21 responsible public entity to the contractor under the
6495+22 public-private agreement or in connection with the
6496+23 transportation project; or
6497+24 (E) other compensation set forth in the
6498+25 public-private agreement or otherwise deemed
6499+26 appropriate by the responsible public entity.
6500+
6501+
6502+
6503+
6504+
6505+ HB5511 Enrolled - 184 - LRB103 38791 MXP 68928 b
6506+
6507+
6508+HB5511 Enrolled- 185 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 185 - LRB103 38791 MXP 68928 b
6509+ HB5511 Enrolled - 185 - LRB103 38791 MXP 68928 b
6510+1 (11) The date and terms of termination of the
6511+2 contractor's authority and duties under the public-private
6512+3 agreement and the circumstances under which the
6513+4 contractor's authority and duties may be terminated prior
6514+5 to that date.
6515+6 (12) Reversion of the transportation project to the
6516+7 responsible public entity at the termination or expiration
6517+8 of the public-private agreement.
6518+9 (13) Rights and remedies of the responsible public
6519+10 entity in the event that the contractor defaults or
6520+11 otherwise fails to comply with the terms of the
6521+12 public-private agreement.
6522+13 (14) Procedures for the selection of professional
6523+14 design firms and subcontractors for use by the responsible
6524+15 public entity or eligible county as an owner's
6525+16 representation services, which shall be include procedures
6526+17 consistent with the Architectural, Engineering, and Land
6527+18 Surveying Qualifications Based Selection Act for the
6528+19 selection of professional design firms and may include, in
6529+20 the discretion of the responsible public entity,
6530+21 procedures consistent with the low bid procurement
6531+22 procedures outlined in the Illinois Procurement Code for
6532+23 the selection of construction companies.
6533+24 (15) Other terms, conditions, and provisions that the
6534+25 responsible public entity believes are in the public
6535+26 interest.
6536+
6537+
6538+
6539+
6540+
6541+ HB5511 Enrolled - 185 - LRB103 38791 MXP 68928 b
6542+
6543+
6544+HB5511 Enrolled- 186 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 186 - LRB103 38791 MXP 68928 b
6545+ HB5511 Enrolled - 186 - LRB103 38791 MXP 68928 b
6546+1 (c) The responsible public entity may fix and revise the
6547+2 amounts of user fees that a contractor may charge and collect
6548+3 for the use of any part of a transportation project in
6549+4 accordance with the public-private agreement. In fixing the
6550+5 amounts, the responsible public entity may establish maximum
6551+6 amounts for the user fees and may provide that the maximums and
6552+7 any increases or decreases of those maximums shall be based
6553+8 upon the indices, methodologies, or other factors the
6554+9 responsible public entity considers appropriate.
6555+10 (c-5) The Department may accept proposals subject to
6556+11 environmental review and the documentation of the
6557+12 environmental review. The environmental review and
6558+13 documentation of the environmental review shall at all times
6559+14 be conducted as directed by the Department, shall be subject
6560+15 to the oversight of the Department, and shall comply with all
6561+16 requirements of State and federal law, applicable federal
6562+17 regulations, and the National Environmental Policy Act (42
6563+18 U.S.C. 4321 et seq.), if applicable, including, but not
6564+19 limited to, the study of alternatives to the proposed project
6565+20 and any proposed alignments, procedural requirements, and the
6566+21 completion of any and all environmental documents required to
6567+22 be completed by the Department and any federal agency acting
6568+23 as a lead agency. All environmental mitigation commitments
6569+24 agreed to during the environmental review phase are required
6570+25 to be implemented during project implementation, or, as
6571+26 required, to ensure compliance is maintained with all
6572+
6573+
6574+
6575+
6576+
6577+ HB5511 Enrolled - 186 - LRB103 38791 MXP 68928 b
6578+
6579+
6580+HB5511 Enrolled- 187 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 187 - LRB103 38791 MXP 68928 b
6581+ HB5511 Enrolled - 187 - LRB103 38791 MXP 68928 b
6582+1 applicable environmental laws and regulations.
6583+2 (d) A public-private agreement may:
6584+3 (1) authorize the imposition of tolls in any manner
6585+4 determined appropriate by the responsible public entity
6586+5 for the transportation project;
6587+6 (2) authorize the contractor to adjust the user fees
6588+7 for the use of the transportation project, so long as the
6589+8 amounts charged and collected by the contractor do not
6590+9 exceed the maximum amounts established by the responsible
6591+10 public entity under the public-private agreement;
6592+11 (3) provide that any adjustment by the contractor
6593+12 permitted under paragraph (2) of this subsection (d) may
6594+13 be based on the indices, methodologies, or other factors
6595+14 described in the public-private agreement or approved by
6596+15 the responsible public entity;
6597+16 (4) authorize the contractor to charge and collect
6598+17 user fees through methods, including, but not limited to,
6599+18 automatic vehicle identification systems, electronic toll
6600+19 collection systems, and, to the extent permitted by law,
6601+20 global positioning system-based, photo-based, or
6602+21 video-based toll collection enforcement, provided that to
6603+22 the maximum extent feasible the contractor will (i)
6604+23 utilize open road tolling methods that allow payment of
6605+24 tolls at highway speeds and (ii) comply with United States
6606+25 Department of Transportation requirements and best
6607+26 practices with respect to tolling methods; and
6608+
6609+
6610+
6611+
6612+
6613+ HB5511 Enrolled - 187 - LRB103 38791 MXP 68928 b
6614+
6615+
6616+HB5511 Enrolled- 188 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 188 - LRB103 38791 MXP 68928 b
6617+ HB5511 Enrolled - 188 - LRB103 38791 MXP 68928 b
6618+1 (5) authorize the collection of user fees by a third
6619+2 party.
6620+3 (e) In the public-private agreement, the responsible
6621+4 public entity may agree to make grants or loans for the
6622+5 development or operation, or both, of the transportation
6623+6 project from time to time from amounts received from the
6624+7 federal government or any agency or instrumentality of the
6625+8 federal government or from any State or local agency.
6626+9 (f) Upon the termination or expiration of the
6627+10 public-private agreement, including a termination for default,
6628+11 the responsible public entity shall have the right to take
6629+12 over the transportation project and to succeed to all of the
6630+13 right, title, and interest in the transportation project. Upon
6631+14 termination or expiration of the public-private agreement
6632+15 relating to a transportation project undertaken by the
6633+16 Department, all real property acquired as a part of the
6634+17 transportation project shall be held in the name of the State
6635+18 of Illinois. Upon termination or expiration of the
6636+19 public-private agreement relating to a transportation project
6637+20 undertaken by the Authority, all real property acquired as a
6638+21 part of the transportation project shall be held in the name of
6639+22 the Authority.
6640+23 (g) If a responsible public entity elects to take over a
6641+24 transportation project as provided in subsection (f) of this
6642+25 Section, the responsible public entity may do the following:
6643+26 (1) develop, finance, or operate the project,
6644+
6645+
6646+
6647+
6648+
6649+ HB5511 Enrolled - 188 - LRB103 38791 MXP 68928 b
6650+
6651+
6652+HB5511 Enrolled- 189 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 189 - LRB103 38791 MXP 68928 b
6653+ HB5511 Enrolled - 189 - LRB103 38791 MXP 68928 b
6654+1 including through a public-private agreement entered into
6655+2 in accordance with this Act; or
6656+3 (2) impose, collect, retain, and use user fees, if
6657+4 any, for the project.
6658+5 (h) If a responsible public entity elects to take over a
6659+6 transportation project as provided in subsection (f) of this
6660+7 Section, the responsible public entity may use the revenues,
6661+8 if any, for any lawful purpose, including to:
6662+9 (1) make payments to individuals or entities in
6663+10 connection with any financing of the transportation
6664+11 project, including through a public-private agreement
6665+12 entered into in accordance with this Act;
6666+13 (2) permit a contractor to receive some or all of the
6667+14 revenues under a public-private agreement entered into
6668+15 under this Act;
6669+16 (3) pay development costs of the project;
6670+17 (4) pay current operation costs of the project or
6671+18 facilities;
6672+19 (5) pay the contractor for any compensation or payment
6673+20 owing upon termination; and
6674+21 (6) pay for the development, financing, or operation
6675+22 of any other project or projects the responsible public
6676+23 entity deems appropriate.
6677+24 (i) The full faith and credit of the State or any political
6678+25 subdivision of the State or the responsible public entity is
6679+26 not pledged to secure any financing of the contractor by the
6680+
6681+
6682+
6683+
6684+
6685+ HB5511 Enrolled - 189 - LRB103 38791 MXP 68928 b
6686+
6687+
6688+HB5511 Enrolled- 190 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 190 - LRB103 38791 MXP 68928 b
6689+ HB5511 Enrolled - 190 - LRB103 38791 MXP 68928 b
6690+1 election to take over the transportation project. Assumption
6691+2 of development or operation, or both, of the transportation
6692+3 project does not obligate the State or any political
6693+4 subdivision of the State or the responsible public entity to
6694+5 pay any obligation of the contractor.
6695+6 (j) The responsible public entity may enter into a
6696+7 public-private agreement with multiple approved proposers if
6697+8 the responsible public entity determines in writing that it is
6698+9 in the public interest to do so.
6699+10 (k) A public-private agreement shall not include any
6700+11 provision under which the responsible public entity agrees to
6701+12 restrict or to provide compensation to the private entity for
6702+13 the construction or operation of a competing transportation
6703+14 facility during the term of the public-private agreement.
6704+15 (l) With respect to a public-private agreement entered
6705+16 into by the Department, the Department shall certify in its
6706+17 State budget request to the Governor each year the amount
6707+18 required by the Department during the next State fiscal year
6708+19 to enable the Department to make any payment obligated to be
6709+20 made by the Department pursuant to that public-private
6710+21 agreement, and the Governor shall include that amount in the
6711+22 State budget submitted to the General Assembly.
6712+23 (Source: P.A. 103-570, eff. 1-1-24.)
6713+24 ARTICLE 99.
6714+
6715+
6716+
6717+
6718+
6719+ HB5511 Enrolled - 190 - LRB103 38791 MXP 68928 b
6720+
6721+
6722+HB5511 Enrolled- 191 -LRB103 38791 MXP 68928 b HB5511 Enrolled - 191 - LRB103 38791 MXP 68928 b
6723+ HB5511 Enrolled - 191 - LRB103 38791 MXP 68928 b
6724+
6725+
6726+
6727+
6728+
6729+ HB5511 Enrolled - 191 - LRB103 38791 MXP 68928 b