Illinois General Assembly - Full Text of SB2811
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2811  103rd General Assembly

SB2811 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2811

 

Introduced 1/17/2024, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 415/4d  from Ch. 127, par. 63b104d
30 ILCS 500/1-10

    Amends the Personnel Code. Provides that positions that are paid in accordance with prevailing wage laws, as well as beauticians and teachers of beauty culture and teachers of barbering, are exempt from jurisdiction B (currently, jurisdictions A, B, and C). Amends the Illinois Procurement Code. Provides that the Code does not apply to procurement expenditures related to efforts to recruit candidates to State employment. Effective immediately


LRB103 34858 HLH 66635 b

 

 

A BILL FOR

 

SB2811LRB103 34858 HLH 66635 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Personnel Code is amended by changing
5Section 4d as follows:
 
6    (20 ILCS 415/4d)  (from Ch. 127, par. 63b104d)
7    Sec. 4d. Partial exemptions. The following positions in
8State service are exempt from jurisdictions A, B, and C to the
9extent stated for each, unless those jurisdictions are
10extended as provided in this Act:
11        (1) In each department, board or commission that now
12    maintains or may hereafter maintain a major administrative
13    division, service or office in both Sangamon County and
14    Cook County, 2 private secretaries for the director or
15    chairman thereof, one located in the Cook County office
16    and the other located in the Sangamon County office, shall
17    be exempt from jurisdiction B; in all other departments,
18    boards and commissions one private secretary for the
19    director or chairman thereof shall be exempt from
20    jurisdiction B. In all departments, boards and commissions
21    one confidential assistant for the director or chairman
22    thereof shall be exempt from jurisdiction B. This
23    paragraph is subject to such modifications or waiver of

 

 

SB2811- 2 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 3 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 4 -LRB103 34858 HLH 66635 b

1    Commission are exempt from jurisdiction B.
2        (8) (Blank).
3(Source: P.A. 103-108, eff. 6-27-23.)
 
4    Section 10. The Illinois Procurement Code is amended by
5changing Section 1-10 as follows:
 
6    (30 ILCS 500/1-10)
7    Sec. 1-10. Application.
8    (a) This Code applies only to procurements for which
9bidders, offerors, potential contractors, or contractors were
10first solicited on or after July 1, 1998. This Code shall not
11be construed to affect or impair any contract, or any
12provision of a contract, entered into based on a solicitation
13prior to the implementation date of this Code as described in
14Article 99, including, but not limited to, any covenant
15entered into with respect to any revenue bonds or similar
16instruments. All procurements for which contracts are
17solicited between the effective date of Articles 50 and 99 and
18July 1, 1998 shall be substantially in accordance with this
19Code and its intent.
20    (b) This Code shall apply regardless of the source of the
21funds with which the contracts are paid, including federal
22assistance moneys. This Code shall not apply to:
23        (1) Contracts between the State and its political
24    subdivisions or other governments, or between State

 

 

SB2811- 5 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 6 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 7 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 8 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 9 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 10 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 11 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 12 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 13 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 14 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 15 -LRB103 34858 HLH 66635 b

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

 

 

SB2811- 16 -LRB103 34858 HLH 66635 b

1Board Act.
2    (k) This Code does not apply to the process to procure
3contracts, or contracts entered into, by the State Board of
4Elections or the State Electoral Board for hearing officers
5appointed pursuant to the Election Code.
6    (l) This Code does not apply to the processes used by the
7Illinois Student Assistance Commission to procure supplies and
8services paid for from the private funds of the Illinois
9Prepaid Tuition Fund. As used in this subsection (l), "private
10funds" means funds derived from deposits paid into the
11Illinois Prepaid Tuition Trust Fund and the earnings thereon.
12    (m) This Code shall apply regardless of the source of
13funds with which contracts are paid, including federal
14assistance moneys. Except as specifically provided in this
15Code, this Code shall not apply to procurement expenditures
16necessary for the Department of Public Health to conduct the
17Healthy Illinois Survey in accordance with Section 2310-431 of
18the Department of Public Health Powers and Duties Law of the
19Civil Administrative Code of Illinois.
20(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
21102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
229-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
23102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
246-27-23; revised 9-5-23.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.