Illinois General Assembly - Full Text of HB4209
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Full Text of HB4209  103rd General Assembly

HB4209eng 103RD GENERAL ASSEMBLY

 


 
HB4209 EngrossedLRB103 34958 RLC 64949 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Natural Resources Act is
5amended by changing Section 1-20 and by adding Section 1-50 as
6follows:
 
7    (20 ILCS 801/1-20)
8    Sec. 1-20. Real property. The Department has the power:
9    (a) To transfer jurisdiction of any realty under the
10control of the Department to any other Department of the State
11Government, or to any authority, commission or other agency of
12the State, and to acquire or accept federal lands, when such
13transfer, acquisition or acceptance is advantageous to the
14State and is approved in writing by the Governor.
15    (b) To lease, from time to time, any land or property, with
16or without appurtenances, of which the Department has
17jurisdiction, and which are not immediately to be used or
18developed by the State; provided that no such lease be for a
19longer period of time than that in which it can reasonably be
20expected the State will not have use for such property, and
21further provided that no such lease be for a longer period of
22time than 10 5 years.
23    (c) To lease any land or property over which the

 

 

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1Department has jurisdiction for the purpose of creating,
2operating, or maintaining a commercial solar energy system, as
3defined in Section 10-720 of the Property Tax Code, or a clean
4energy project, as defined in the Department of Natural
5Resources (Conservation) Law of the Civil Administrative Code
6of Illinois. A lease under this subsection (c) shall not be for
7a period longer than 40 years. The lease may be renewed by the
8Department for periods not longer than 40 years per renewal.
9If practical, the Department shall require that any land or
10property over which the Department has jurisdiction and that
11is used for the purpose of creating, operating, or maintaining
12a commercial solar energy system shall have implemented on it
13and maintained management practices that would qualify the
14land or property as a beneficial habitat under the
15Pollinator-Friendly Solar Site Act. The Department shall
16prioritize commercial solar energy system sites based on their
17suitability and economic feasibility for solar use. The
18Department shall then prioritize commercial solar energy
19system sites with a significant history of disturbance, such
20as former strip mines or previously developed sites. The
21Department may consider any land use that is lost from the
22installation of a commercial solar energy system in making a
23determination regarding the suitability of a site. At least 60
24days before entering into a lease for a commercial solar
25energy system under this subsection (c), the Department shall
26post in the Illinois Register notice of the Department's

 

 

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1intent to enter into the lease and shall provide a copy of the
2notice to a municipality if the leased area is located within
3the borders of the municipality. The notice shall include the
4specific location and size of the proposed commercial solar
5energy system. The Department shall consider and respond to
6all public comments regarding the posting that are received by
7the Department within 30 days of the posting.
8(Source: P.A. 89-445, eff. 2-7-96.)
 
9    (20 ILCS 801/1-50 new)
10    Sec. 1-50. Administrative rules. The Department of Natural
11Resources may adopt rules necessary to carry out its duties
12under this Act.
 
13    Section 10. The Department of Natural Resources
14(Conservation) Law of the Civil Administrative Code of
15Illinois is amended by changing Sections 805-5, 805-230,
16805-235, and 805-280 and by adding Section 805-580 as follows:
 
17    (20 ILCS 805/805-5)
18    Sec. 805-5. Definitions. In this Law:
19    "Clean energy" means energy that is generated, by design
20or operation, in a manner that is substantially free of carbon
21dioxide emissions or in a manner that otherwise contributes to
22the reduction in emissions of environmentally hazardous
23materials or reduces the volume of environmentally dangerous

 

 

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1materials.
2    "Clean energy project" means a project that is undertaken
3to acquire, construct, refurbish, create, develop, or
4redevelop any facility, equipment, machinery, or real or
5personal property and that will aid, assist, or encourage the
6development or implementation of clean energy in the State.
7    "Department" means the Department of Natural Resources.
8    "Director" means the Director of Natural Resources.
9(Source: P.A. 91-239, eff. 1-1-00.)
 
10    (20 ILCS 805/805-230)  (was 20 ILCS 805/63a18)
11    Sec. 805-230. Developing recreational areas. The
12Department has the power to lease from individuals,
13corporations, or any other form of private ownership, from any
14municipality, public corporation, or political subdivision of
15this State, or from the United States any lands or waters for
16the purpose of developing outdoor recreational areas for
17public use and to acquire all necessary property or
18rights-of-way for the purposes of ingress or egress to those
19lands and waters and to construct buildings and other
20recreational facilities, including roadways, bridges, and
21parking areas, commercial solar energy systems, and clean
22energy projects that the Department deems necessary or
23desirable for maximum utilization of recreational facilities
24for public use of the areas.
25(Source: P.A. 91-239, eff. 1-1-00.)
 

 

 

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1    (20 ILCS 805/805-235)  (was 20 ILCS 805/63a6)
2    Sec. 805-235. Lease of lands acquired by the Department;
3disposition of obsolete buildings. The Department has the
4power to do and perform each and every act or thing considered
5by the Director to be necessary or desirable to fulfill and
6carry out the intent and purpose of all laws pertaining to the
7Department, including the right to rehabilitate or sell at
8public auction buildings or structures affixed to lands over
9which the Department has acquired jurisdiction when in the
10judgment of the Director those buildings or structures are
11obsolete, inadequate, or unusable for the purposes of the
12Department and to lease those lands with or without
13appurtenances for a consideration in money or in kind for a
14period of time not in excess of 10 5 years for the purposes and
15upon the terms and conditions that the Director considers to
16be in the best interests of the State when those lands are not
17immediately to be used or developed by the State. All those
18sales shall be made subject to the written approval of the
19Governor. The funds derived from those sales and from those
20leases shall be deposited in the State Parks Fund, except that
21funds derived from those sales and from those leases on lands
22managed and operated principally as wildlife or fisheries
23areas by the Department shall be deposited in the Wildlife and
24Fish Fund.
25(Source: P.A. 91-239, eff. 1-1-00.)
 

 

 

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1    (20 ILCS 805/805-280 new)
2    Sec. 805-280. Leases for the purpose of creating,
3operating, or maintaining a commercial solar energy system or
4clean energy project. The Department may lease any land or
5property over which the Department has jurisdiction for the
6purpose of creating, operating, or maintaining a commercial
7solar energy system, as defined in Section 10-720 of the
8Property Tax Code, or a clean energy project. The lease shall
9not be for a period longer than 40 years. The lease may be
10renewed for periods not longer than 40 years per renewal. The
11Department shall require that any lease must provide for a
12signed project labor agreement for the length of the lease
13term. A project labor agreement entered into under this
14Section shall be entered into with the local building and
15construction trades council having geographic jurisdiction
16over the project. If practical, the Department shall require
17that any land or property over which the Department has
18jurisdiction that is used for the purpose of creating,
19operating, or maintaining a commercial solar energy system
20shall have implemented on it and maintained management
21practices that would qualify the land or property as a
22beneficial habitat under the Pollinator-Friendly Solar Site
23Act. The Department shall require that any lease must include
24a signed project labor agreement for the length of the lease
25term. The Department shall prioritize commercial solar energy

 

 

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1system sites based on their suitability and economic
2feasibility for solar use. The Department shall then
3prioritize commercial solar energy system sites with a
4significant history of disturbance, such as former strip mines
5or previously developed sites. The Department may consider any
6land use that is lost from the installation of a commercial
7solar energy system in making a determination for the
8suitability of a site.
 
9    (20 ILCS 805/805-580 new)
10    Sec. 805-580. Electric vehicle charging stations.
11    (a) The Department may provide for at least one electric
12vehicle charging station, as defined in the Electric Vehicle
13Act, at any State park or other real property that is owned by
14the Department where electrical service will reasonably
15permit. The Department is authorized to charge user fees for
16the use of such electric vehicle charging stations.
17    (b) The Department may adopt and publish specifications
18detailing the kind and type of electric vehicle charging
19stations to be provided and may adopt rules governing the fees
20for use of electric vehicle charging stations at State parks
21or other real property that is owned by the Department.
 
22    Section 15. The State Parks Act is amended by changing
23Sections 2, 3, 3a, and 4 as follows:
 

 

 

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1    (20 ILCS 835/2)  (from Ch. 105, par. 466)
2    Sec. 2. It shall be the policy of the State of Illinois to
3acquire a system of State parks which shall embody the
4following purposes and objectives:
5        (1) To preserve the most important historic sites and
6    events that which are connected with the peoples who are
7    geographically and culturally affiliated to the land now
8    known as the State of Illinois early pioneer or Indian
9    history, so that their such history of the Indians,
10    explorers, missionaries and settlers may be preserved, not
11    only as a tribute to those peoples that came before us who
12    made possible the building of the State of Illinois and of
13    the Union, but also as a part of the education of present
14    and future Illinois citizens.
15        (2) To set aside as public reservations those
16    locations which have unusual scenic attractions caused by
17    geologic or topographic formations, such as canyons,
18    gorges, caves, dunes, beaches, moraines, palisades,
19    examples of Illinois prairie, and points of scientific
20    interest to botanists and naturalists. These areas should
21    be large in size and whenever practicable shall be not
22    less than 1,000 acres in extent. However, smaller areas
23    may be acquired wherever conditions do not warrant the
24    acquisition of the larger acreage.
25        (3) To preserve large forested areas and marginal
26    lands along the rivers, small water courses, and lakes for

 

 

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1    a recreation use different from that given by the typical
2    city park, and so that these tracts may remain unchanged
3    by civilization, so far as possible, and be kept for
4    future generations. Such areas also, should be acquired in
5    units of 1,000 acres or more and may be available as fish
6    and game preserves. However, smaller areas may be acquired
7    wherever conditions do not warrant the acquisition of the
8    larger acreage.
9        (4) To connect these parks with each other by a system
10    of scenic parkways with widths varying from 100 to 1,000
11    feet, as a supplement to and completion of the State
12    highway system. Where the present State highway routes may
13    serve this purpose, their location, alignment and design
14    should be studied with this plan in view. At suitable
15    locations along these highways, pure water supplies and
16    shelters and comfort facilities of attractive design may
17    be installed for the convenience of the public.
18    The Department of Natural Resources is authorized on in
19behalf of the State of Illinois to accept by donation or
20bequest, to purchase or acquire by condemnation proceedings in
21the manner provided for the exercise of the power of eminent
22domain under the Eminent Domain Act, or by contract for deed
23payable over a period of time not to exceed 10 years, or in any
24other legal manner, the title to all such lands, waters or
25regions, and the easements appurtenant or contributory
26thereto, which shall be in accord with such policy in respect

 

 

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1to a system of State parks, for the purpose of which the
2General Assembly may make an appropriation. Purchases by
3contract for deed under this Section shall not exceed
4$20,000,000 in total purchase price for land under contract at
5any one given time.
6(Source: P.A. 94-1055, eff. 1-1-07.)
 
7    (20 ILCS 835/3)  (from Ch. 105, par. 467)
8    Sec. 3. In maintaining the State parks the Department of
9Natural Resources shall conserve the original character as
10distinguished from the artificial landscaping of such parks.
11As used in this Section, "artificial landscaping" does not
12include any landscaping or other site modification or use
13resulting from any lease entered into by the Department of
14Natural Resources for the creation, operation, or maintenance
15of a commercial solar energy system, as defined in Section
1610-720 of the Property Tax Code, or a clean energy project, as
17defined in the Department of Natural Resources (Conservation)
18Law of the Civil Administrative Code of Illinois. Instead,
19these site modifications and uses are hereby deemed to support
20conservation of the original character of the parks.
21(Source: P.A. 89-445, eff. 2-7-96.)
 
22    (20 ILCS 835/3a)  (from Ch. 105, par. 467a)
23    Sec. 3a. The Department of Natural Resources shall not
24dispose of any portion of a State park except as specifically

 

 

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1authorized by law. This prohibition shall not restrict the
2Department from conveyance of easements, leases, and other
3lesser interests in land.
4(Source: P.A. 89-445, eff. 2-7-96.)
 
5    (20 ILCS 835/4)  (from Ch. 105, par. 468)
6    Sec. 4. The Department of Natural Resources has the power:
7    (1) To make rules and regulations necessary to carry out
8its duties under this Act, including rules and regulations for
9the use, care, improvement, control and administration of
10lands under its jurisdiction, and to enforce the same.
11    (2) To employ such custodians, keepers, clerks,
12assistants, laborers and subordinates as may be necessary to
13carry out the provisions of this Act.
14    (3) To lay out, construct and maintain all needful roads,
15parking areas, paths or trails, bridges, and docks, camp or
16lodge sites, picnic areas, beach houses, lodges and cabins and
17any other structures and improvements necessary and
18appropriate in any state park or easement thereto; and to
19provide water supplies, heat and light, and sanitary
20facilities for the public and living quarters for the
21custodians and keepers of state parks.
22    (4) To replant any devastated native plant areas of any
23State park or increase or supplement the same when necessary
24with plant material indigenous to such park.
25    (5) To cooperate with the United States government and

 

 

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1with other states in matters relating to the care,
2improvement, control and administration of national or
3interstate parks.
4    (6) To cooperate and contract with any agency,
5organization or individual in a manner consistent with the
6purposes of this Act and the powers granted the Department
7herein.
8    (7) To accept and administer gifts, grants and legacies of
9money, securities or property to be used by the Department of
10Natural Resources for the purposes of this Act and according
11to the tenor of such gift, grant or legacy.
12    (8) To enter into leases that allow for the creation,
13operation, or maintenance of a commercial solar energy system,
14as defined in Section 10-720 of the Property Tax Code, or a
15clean energy project, as defined in the Department of Natural
16Resources (Conservation) Law of the Civil Administrative Code
17of Illinois. If practical, the Department shall require that
18any land or property over which the Department has
19jurisdiction that is used for the purpose of creating,
20operating, or maintaining a commercial solar energy system
21shall have implemented on it and maintained management
22practices that would qualify the land or property as a
23beneficial habitat under the Pollinator-Friendly Solar Site
24Act. The Department shall require that any lease must include
25a signed project labor agreement for the length of the lease
26term. A project labor agreement entered into under this

 

 

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1Section shall be entered into with the local building and
2construction trades council having geographic jurisdiction
3over the project. The Department shall prioritize commercial
4solar energy system sites based on their suitability and
5economic feasibility for solar use. The Department shall then
6prioritize commercial solar energy system sites with a
7significant history of disturbance, such as former strip mines
8or previously developed sites. In making a determination for
9the suitability of a site, the Department may consider any
10land use that is lost from the installation of a commercial
11solar energy system.
12(Source: P.A. 89-445, eff. 2-7-96.)
 
13    Section 20. The Illinois Procurement Code is amended by
14changing Section 1-10 as follows:
 
15    (30 ILCS 500/1-10)
16    Sec. 1-10. Application.
17    (a) This Code applies only to procurements for which
18bidders, offerors, potential contractors, or contractors were
19first solicited on or after July 1, 1998. This Code shall not
20be construed to affect or impair any contract, or any
21provision of a contract, entered into based on a solicitation
22prior to the implementation date of this Code as described in
23Article 99, including, but not limited to, any covenant
24entered into with respect to any revenue bonds or similar

 

 

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1instruments. All procurements for which contracts are
2solicited between the effective date of Articles 50 and 99 and
3July 1, 1998 shall be substantially in accordance with this
4Code and its intent.
5    (b) This Code shall apply regardless of the source of the
6funds with which the contracts are paid, including federal
7assistance moneys. This Code shall not apply to:
8        (1) Contracts between the State and its political
9    subdivisions or other governments, or between State
10    governmental bodies, except as specifically provided in
11    this Code.
12        (2) Grants, except for the filing requirements of
13    Section 20-80.
14        (3) Purchase of care, except as provided in Section
15    5-30.6 of the Illinois Public Aid Code and this Section.
16        (4) Hiring of an individual as an employee and not as
17    an independent contractor, whether pursuant to an
18    employment code or policy or by contract directly with
19    that individual.
20        (5) Collective bargaining contracts.
21        (6) Purchase of real estate, except that notice of
22    this type of contract with a value of more than $25,000
23    must be published in the Procurement Bulletin within 10
24    calendar days after the deed is recorded in the county of
25    jurisdiction. The notice shall identify the real estate
26    purchased, the names of all parties to the contract, the

 

 

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1    value of the contract, and the effective date of the
2    contract.
3        (7) Contracts necessary to prepare for anticipated
4    litigation, enforcement actions, or investigations,
5    provided that the chief legal counsel to the Governor
6    shall give his or her prior approval when the procuring
7    agency is one subject to the jurisdiction of the Governor,
8    and provided that the chief legal counsel of any other
9    procuring entity subject to this Code shall give his or
10    her prior approval when the procuring entity is not one
11    subject to the jurisdiction of the Governor.
12        (8) (Blank).
13        (9) Procurement expenditures by the Illinois
14    Conservation Foundation when only private funds are used.
15        (10) (Blank).
16        (11) Public-private agreements entered into according
17    to the procurement requirements of Section 20 of the
18    Public-Private Partnerships for Transportation Act and
19    design-build agreements entered into according to the
20    procurement requirements of Section 25 of the
21    Public-Private Partnerships for Transportation Act.
22        (12) (A) Contracts for legal, financial, and other
23    professional and artistic services entered into by the
24    Illinois Finance Authority in which the State of Illinois
25    is not obligated. Such contracts shall be awarded through
26    a competitive process authorized by the members of the

 

 

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1    Illinois Finance Authority and are subject to Sections
2    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
3    as well as the final approval by the members of the
4    Illinois Finance Authority of the terms of the contract.
5        (B) Contracts for legal and financial services entered
6    into by the Illinois Housing Development Authority in
7    connection with the issuance of bonds in which the State
8    of Illinois is not obligated. Such contracts shall be
9    awarded through a competitive process authorized by the
10    members of the Illinois Housing Development Authority and
11    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
12    and 50-37 of this Code, as well as the final approval by
13    the members of the Illinois Housing Development Authority
14    of the terms of the contract.
15        (13) Contracts for services, commodities, and
16    equipment to support the delivery of timely forensic
17    science services in consultation with and subject to the
18    approval of the Chief Procurement Officer as provided in
19    subsection (d) of Section 5-4-3a of the Unified Code of
20    Corrections, except for the requirements of Sections
21    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
22    Code; however, the Chief Procurement Officer may, in
23    writing with justification, waive any certification
24    required under Article 50 of this Code. For any contracts
25    for services which are currently provided by members of a
26    collective bargaining agreement, the applicable terms of

 

 

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1    the collective bargaining agreement concerning
2    subcontracting shall be followed.
3        On and after January 1, 2019, this paragraph (13),
4    except for this sentence, is inoperative.
5        (14) Contracts for participation expenditures required
6    by a domestic or international trade show or exhibition of
7    an exhibitor, member, or sponsor.
8        (15) Contracts with a railroad or utility that
9    requires the State to reimburse the railroad or utilities
10    for the relocation of utilities for construction or other
11    public purpose. Contracts included within this paragraph
12    (15) shall include, but not be limited to, those
13    associated with: relocations, crossings, installations,
14    and maintenance. For the purposes of this paragraph (15),
15    "railroad" means any form of non-highway ground
16    transportation that runs on rails or electromagnetic
17    guideways and "utility" means: (1) public utilities as
18    defined in Section 3-105 of the Public Utilities Act, (2)
19    telecommunications carriers as defined in Section 13-202
20    of the Public Utilities Act, (3) electric cooperatives as
21    defined in Section 3.4 of the Electric Supplier Act, (4)
22    telephone or telecommunications cooperatives as defined in
23    Section 13-212 of the Public Utilities Act, (5) rural
24    water or waste water systems with 10,000 connections or
25    less, (6) a holder as defined in Section 21-201 of the
26    Public Utilities Act, and (7) municipalities owning or

 

 

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1    operating utility systems consisting of public utilities
2    as that term is defined in Section 11-117-2 of the
3    Illinois Municipal Code.
4        (16) Procurement expenditures necessary for the
5    Department of Public Health to provide the delivery of
6    timely newborn screening services in accordance with the
7    Newborn Metabolic Screening Act.
8        (17) Procurement expenditures necessary for the
9    Department of Agriculture, the Department of Financial and
10    Professional Regulation, the Department of Human Services,
11    and the Department of Public Health to implement the
12    Compassionate Use of Medical Cannabis Program and Opioid
13    Alternative Pilot Program requirements and ensure access
14    to medical cannabis for patients with debilitating medical
15    conditions in accordance with the Compassionate Use of
16    Medical Cannabis Program Act.
17        (18) This Code does not apply to any procurements
18    necessary for the Department of Agriculture, the
19    Department of Financial and Professional Regulation, the
20    Department of Human Services, the Department of Commerce
21    and Economic Opportunity, and the Department of Public
22    Health to implement the Cannabis Regulation and Tax Act if
23    the applicable agency has made a good faith determination
24    that it is necessary and appropriate for the expenditure
25    to fall within this exemption and if the process is
26    conducted in a manner substantially in accordance with the

 

 

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1    requirements of Sections 20-160, 25-60, 30-22, 50-5,
2    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
3    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
4    Section 50-35, compliance applies only to contracts or
5    subcontracts over $100,000. Notice of each contract
6    entered into under this paragraph (18) that is related to
7    the procurement of goods and services identified in
8    paragraph (1) through (9) of this subsection shall be
9    published in the Procurement Bulletin within 14 calendar
10    days after contract execution. The Chief Procurement
11    Officer shall prescribe the form and content of the
12    notice. Each agency shall provide the Chief Procurement
13    Officer, on a monthly basis, in the form and content
14    prescribed by the Chief Procurement Officer, a report of
15    contracts that are related to the procurement of goods and
16    services identified in this subsection. At a minimum, this
17    report shall include the name of the contractor, a
18    description of the supply or service provided, the total
19    amount of the contract, the term of the contract, and the
20    exception to this Code utilized. A copy of any or all of
21    these contracts shall be made available to the Chief
22    Procurement Officer immediately upon request. The Chief
23    Procurement Officer shall submit a report to the Governor
24    and General Assembly no later than November 1 of each year
25    that includes, at a minimum, an annual summary of the
26    monthly information reported to the Chief Procurement

 

 

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1    Officer. This exemption becomes inoperative 5 years after
2    June 25, 2019 (the effective date of Public Act 101-27).
3        (19) Acquisition of modifications or adjustments,
4    limited to assistive technology devices and assistive
5    technology services, adaptive equipment, repairs, and
6    replacement parts to provide reasonable accommodations (i)
7    that enable a qualified applicant with a disability to
8    complete the job application process and be considered for
9    the position such qualified applicant desires, (ii) that
10    modify or adjust the work environment to enable a
11    qualified current employee with a disability to perform
12    the essential functions of the position held by that
13    employee, (iii) to enable a qualified current employee
14    with a disability to enjoy equal benefits and privileges
15    of employment as are enjoyed by other similarly situated
16    employees without disabilities, and (iv) that allow a
17    customer, client, claimant, or member of the public
18    seeking State services full use and enjoyment of and
19    access to its programs, services, or benefits.
20        For purposes of this paragraph (19):
21        "Assistive technology devices" means any item, piece
22    of equipment, or product system, whether acquired
23    commercially off the shelf, modified, or customized, that
24    is used to increase, maintain, or improve functional
25    capabilities of individuals with disabilities.
26        "Assistive technology services" means any service that

 

 

HB4209 Engrossed- 21 -LRB103 34958 RLC 64949 b

1    directly assists an individual with a disability in
2    selection, acquisition, or use of an assistive technology
3    device.
4        "Qualified" has the same meaning and use as provided
5    under the federal Americans with Disabilities Act when
6    describing an individual with a disability.
7        (20) Procurement expenditures necessary for the
8    Illinois Commerce Commission to hire third-party
9    facilitators pursuant to Sections 16-105.17 and 16-108.18
10    of the Public Utilities Act or an ombudsman pursuant to
11    Section 16-107.5 of the Public Utilities Act, a
12    facilitator pursuant to Section 16-105.17 of the Public
13    Utilities Act, or a grid auditor pursuant to Section
14    16-105.10 of the Public Utilities Act.
15        (21) Procurement expenditures for the purchase,
16    renewal, and expansion of software, software licenses, or
17    software maintenance agreements that support the efforts
18    of the Illinois State Police to enforce, regulate, and
19    administer the Firearm Owners Identification Card Act, the
20    Firearm Concealed Carry Act, the Firearms Restraining
21    Order Act, the Firearm Dealer License Certification Act,
22    the Law Enforcement Agencies Data System (LEADS), the
23    Uniform Crime Reporting Act, the Criminal Identification
24    Act, the Illinois Uniform Conviction Information Act, and
25    the Gun Trafficking Information Act, or establish or
26    maintain record management systems necessary to conduct

 

 

HB4209 Engrossed- 22 -LRB103 34958 RLC 64949 b

1    human trafficking investigations or gun trafficking or
2    other stolen firearm investigations. This paragraph (21)
3    applies to contracts entered into on or after January 10,
4    2023 (the effective date of Public Act 102-1116) and the
5    renewal of contracts that are in effect on January 10,
6    2023 (the effective date of Public Act 102-1116).
7        (22) Contracts for project management services and
8    system integration services required for the completion of
9    the State's enterprise resource planning project. This
10    exemption becomes inoperative 5 years after June 7, 2023
11    (the effective date of the changes made to this Section by
12    Public Act 103-8). This paragraph (22) applies to
13    contracts entered into on or after June 7, 2023 (the
14    effective date of the changes made to this Section by
15    Public Act 103-8) and the renewal of contracts that are in
16    effect on June 7, 2023 (the effective date of the changes
17    made to this Section by Public Act 103-8).
18        (23) Procurements necessary for the Department of
19    Insurance to implement the Illinois Health Benefits
20    Exchange Law if the Department of Insurance has made a
21    good faith determination that it is necessary and
22    appropriate for the expenditure to fall within this
23    exemption. The procurement process shall be conducted in a
24    manner substantially in accordance with the requirements
25    of Sections 20-160 and 25-60 and Article 50 of this Code. A
26    copy of these contracts shall be made available to the

 

 

HB4209 Engrossed- 23 -LRB103 34958 RLC 64949 b

1    Chief Procurement Officer immediately upon request. This
2    paragraph is inoperative 5 years after June 27, 2023 (the
3    effective date of Public Act 103-103).
4        (24) (22) Contracts for public education programming,
5    noncommercial sustaining announcements, public service
6    announcements, and public awareness and education
7    messaging with the nonprofit trade associations of the
8    providers of those services that inform the public on
9    immediate and ongoing health and safety risks and hazards.
10        (25) Expenditures for the Department of Natural
11    Resources to achieve and maintain compliance with the Law
12    Enforcement Officer-Worn Body Camera Act and involving
13    body cameras, information technology, or contractual
14    services relevant to the collection of evidence that is to
15    be used in administrative, judicial, legislative, or
16    disciplinary proceedings and that must be maintained in a
17    secure and confidential manner to protect its integrity.
18    This paragraph (25) applies to contracts entered into on
19    or after the effective date of this amendatory Act of the
20    103rd General Assembly and the renewal of contracts that
21    are in effect on the effective date of this amendatory Act
22    of the 103rd General Assembly regarding all purchases by
23    the Department of Natural Resources related to the Law
24    Enforcement Officer-Worn Body Camera Act.    
25        (26) Expenditures for the purchase, renewal, and
26    expansion of technology, software, software licenses, or

 

 

HB4209 Engrossed- 24 -LRB103 34958 RLC 64949 b

1    software maintenance agreements that support the efforts
2    of the Department of Natural Resources, Office of Law
3    Enforcement, for administrative purposes and to enforce
4    and regulate all criminal statutes, including, but not
5    limited to, the Boat Registration and Safety Act, the Fish
6    and Aquatic Life Code, the Wildlife Code, the Snowmobile
7    Registration and Safety Act, and the Timber Buyers
8    Licensing Act and all applicable administrative rules, and
9    to establish or maintain record management systems
10    necessary to ensure that law enforcement records are
11    created, managed, retained, and disposed of in a manner
12    that supports all laws and the operational needs the
13    Office of Law Enforcement while also protecting the rights
14    and interests of individuals and the public.
15        (27) Expenditures necessary to provide for the
16    purchase, site preparation, installation, maintenance, and
17    repair of a clean energy project, including, but not
18    limited to, solar energy projects, renewable energy
19    projects, and electrification of facility infrastructure,
20    and electric vehicle charging stations, as defined in the
21    Electric Vehicle Act. Such expenditures may include, but
22    are not limited to, erection and maintenance of electric
23    vehicle charging stations, wireless network
24    infrastructure, water infrastructure, solar projects, and
25    other projects that decrease the energy footprint of the
26    State of Illinois. This paragraph (27) applies to

 

 

HB4209 Engrossed- 25 -LRB103 34958 RLC 64949 b

1    contracts entered into, on or after the effective date of
2    this amendatory Act of the 103rd General Assembly and the
3    renewal of contracts that are in effect on the effective
4    date of this amendatory Act of the 103rd General Assembly
5    regarding all purchases by the Department of Natural
6    Resources related to the erection and maintenance of clean
7    energy projects. Contracts, excluding contracts for
8    equipment purchases, entered into under this Section shall
9    comply with the Project Labor Agreements Act, except that
10    a project labor agreement entered into under this Section
11    shall be entered into with the local building and
12    construction trades council having geographic jurisdiction
13    over the project. Contracts entered into under this
14    Section shall comply with the Business Enterprise for
15    Minorities, Women, and Persons with Disabilities Act. This
16    paragraph (27) becomes inapplicable 5 years after the
17    effective date of this amendatory Act of the 103rd General
18    Assembly.
19        As used in this paragraph (27
    ), "clean energy project"
20    has the meaning given in the Department of Natural
21    Resources (Conservation) Law of the Civil Administrative
22    Code of Illinois.
23    Notwithstanding any other provision of law, for contracts
24with an annual value of more than $100,000 entered into on or
25after October 1, 2017 under an exemption provided in any
26paragraph of this subsection (b), except paragraph (1), (2),

 

 

HB4209 Engrossed- 26 -LRB103 34958 RLC 64949 b

1or (5), each State agency shall post to the appropriate
2procurement bulletin the name of the contractor, a description
3of the supply or service provided, the total amount of the
4contract, the term of the contract, and the exception to the
5Code utilized. The chief procurement officer shall submit a
6report to the Governor and General Assembly no later than
7November 1 of each year that shall include, at a minimum, an
8annual summary of the monthly information reported to the
9chief procurement officer.
10    (c) This Code does not apply to the electric power
11procurement process provided for under Section 1-75 of the
12Illinois Power Agency Act and Section 16-111.5 of the Public
13Utilities Act. This Code does not apply to the procurement of
14technical and policy experts pursuant to Section 1-129 of the
15Illinois Power Agency Act.
16    (d) Except for Section 20-160 and Article 50 of this Code,
17and as expressly required by Section 9.1 of the Illinois
18Lottery Law, the provisions of this Code do not apply to the
19procurement process provided for under Section 9.1 of the
20Illinois Lottery Law.
21    (e) This Code does not apply to the process used by the
22Capital Development Board to retain a person or entity to
23assist the Capital Development Board with its duties related
24to the determination of costs of a clean coal SNG brownfield
25facility, as defined by Section 1-10 of the Illinois Power
26Agency Act, as required in subsection (h-3) of Section 9-220

 

 

HB4209 Engrossed- 27 -LRB103 34958 RLC 64949 b

1of the Public Utilities Act, including calculating the range
2of capital costs, the range of operating and maintenance
3costs, or the sequestration costs or monitoring the
4construction of clean coal SNG brownfield facility for the
5full duration of construction.
6    (f) (Blank).
7    (g) (Blank).
8    (h) This Code does not apply to the process to procure or
9contracts entered into in accordance with Sections 11-5.2 and
1011-5.3 of the Illinois Public Aid Code.
11    (i) Each chief procurement officer may access records
12necessary to review whether a contract, purchase, or other
13expenditure is or is not subject to the provisions of this
14Code, unless such records would be subject to attorney-client
15privilege.
16    (j) This Code does not apply to the process used by the
17Capital Development Board to retain an artist or work or works
18of art as required in Section 14 of the Capital Development
19Board Act.
20    (k) This Code does not apply to the process to procure
21contracts, or contracts entered into, by the State Board of
22Elections or the State Electoral Board for hearing officers
23appointed pursuant to the Election Code.
24    (l) This Code does not apply to the processes used by the
25Illinois Student Assistance Commission to procure supplies and
26services paid for from the private funds of the Illinois

 

 

HB4209 Engrossed- 28 -LRB103 34958 RLC 64949 b

1Prepaid Tuition Fund. As used in this subsection (l), "private
2funds" means funds derived from deposits paid into the
3Illinois Prepaid Tuition Trust Fund and the earnings thereon.
4    (m) This Code shall apply regardless of the source of
5funds with which contracts are paid, including federal
6assistance moneys. Except as specifically provided in this
7Code, this Code shall not apply to procurement expenditures
8necessary for the Department of Public Health to conduct the
9Healthy Illinois Survey in accordance with Section 2310-431 of
10the Department of Public Health Powers and Duties Law of the
11Civil Administrative Code of Illinois.
12(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
13102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
149-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
15102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
166-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
171-2-24.)