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Full Text of HB2770  102nd General Assembly

HB2770sam002 102ND GENERAL ASSEMBLY

Sen. Antonio Muñoz

Filed: 4/8/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2770

2    AMENDMENT NO. ______. Amend House Bill 2770, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Procurement Code is amended by
6changing Sections 1-10, 1-12, 1-13, 1-15.12, 1-15.107,
71-15.108, 20-20, 20-60, 20-75, 20-120, 35-40, 40-25, 50-11,
850-35, and 50-39 and by adding Sections 30-60, 45-105, 50-90,
9and 55-25 as follows:
 
10    (30 ILCS 500/1-10)
11    Sec. 1-10. Application.
12    (a) This Code applies only to procurements for which
13bidders, offerors, potential contractors, or contractors were
14first solicited on or after July 1, 1998. This Code shall not
15be construed to affect or impair any contract, or any
16provision of a contract, entered into based on a solicitation

 

 

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

 

 

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1    calendar days after the deed is recorded in the county of
2    jurisdiction. The notice shall identify the real estate
3    purchased, the names of all parties to the contract, the
4    value of the contract, and the effective date of the
5    contract.
6        (7) Contracts necessary to prepare for anticipated
7    litigation, enforcement actions, or investigations,
8    provided that the chief legal counsel to the Governor
9    shall give his or her prior approval when the procuring
10    agency is one subject to the jurisdiction of the Governor,
11    and provided that the chief legal counsel of any other
12    procuring entity subject to this Code shall give his or
13    her prior approval when the procuring entity is not one
14    subject to the jurisdiction of the Governor.
15        (8) (Blank).
16        (9) Procurement expenditures by the Illinois
17    Conservation Foundation when only private funds are used.
18        (10) (Blank).
19        (11) Public-private agreements entered into according
20    to the procurement requirements of Section 20 of the
21    Public-Private Partnerships for Transportation Act and
22    design-build agreements entered into according to the
23    procurement requirements of Section 25 of the
24    Public-Private Partnerships for Transportation Act.
25        (12) (A) Contracts for legal, financial, and other
26    professional and artistic services entered into by the

 

 

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

 

 

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1    required under Article 50 of this Code. For any contracts
2    for services which are currently provided by members of a
3    collective bargaining agreement, the applicable terms of
4    the collective bargaining agreement concerning
5    subcontracting shall be followed.
6        On and after January 1, 2019, this paragraph (13),
7    except for this sentence, is inoperative.
8        (14) Contracts for participation expenditures required
9    by a domestic or international trade show or exhibition of
10    an exhibitor, member, or sponsor.
11        (15) Contracts with a railroad or utility that
12    requires the State to reimburse the railroad or utilities
13    for the relocation of utilities for construction or other
14    public purpose. Contracts included within this paragraph
15    (15) shall include, but not be limited to, those
16    associated with: relocations, crossings, installations,
17    and maintenance. For the purposes of this paragraph (15),
18    "railroad" means any form of non-highway ground
19    transportation that runs on rails or electromagnetic
20    guideways and "utility" means: (1) public utilities as
21    defined in Section 3-105 of the Public Utilities Act, (2)
22    telecommunications carriers as defined in Section 13-202
23    of the Public Utilities Act, (3) electric cooperatives as
24    defined in Section 3.4 of the Electric Supplier Act, (4)
25    telephone or telecommunications cooperatives as defined in
26    Section 13-212 of the Public Utilities Act, (5) rural

 

 

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1    water or waste water systems with 10,000 connections or
2    less, (6) a holder as defined in Section 21-201 of the
3    Public Utilities Act, and (7) municipalities owning or
4    operating utility systems consisting of public utilities
5    as that term is defined in Section 11-117-2 of the
6    Illinois Municipal Code.
7        (16) Procurement expenditures necessary for the
8    Department of Public Health to provide the delivery of
9    timely newborn screening services in accordance with the
10    Newborn Metabolic Screening Act.
11        (17) Procurement expenditures necessary for the
12    Department of Agriculture, the Department of Financial and
13    Professional Regulation, the Department of Human Services,
14    and the Department of Public Health to implement the
15    Compassionate Use of Medical Cannabis Program and Opioid
16    Alternative Pilot Program requirements and ensure access
17    to medical cannabis for patients with debilitating medical
18    conditions in accordance with the Compassionate Use of
19    Medical Cannabis Program Act.
20        (18) This Code does not apply to any procurements
21    necessary for the Department of Agriculture, the
22    Department of Financial and Professional Regulation, the
23    Department of Human Services, the Department of Commerce
24    and Economic Opportunity, and the Department of Public
25    Health to implement the Cannabis Regulation and Tax Act if
26    the applicable agency has made a good faith determination

 

 

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1    that it is necessary and appropriate for the expenditure
2    to fall within this exemption and if the process is
3    conducted in a manner substantially in accordance with the
4    requirements of Sections 20-160, 25-60, 30-22, 50-5,
5    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
6    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
7    Section 50-35, compliance applies only to contracts or
8    subcontracts over $100,000. Notice of each contract
9    entered into under this paragraph (18) that is related to
10    the procurement of goods and services identified in
11    paragraph (1) through (9) of this subsection shall be
12    published in the Procurement Bulletin within 14 calendar
13    days after contract execution. The Chief Procurement
14    Officer shall prescribe the form and content of the
15    notice. Each agency shall provide the Chief Procurement
16    Officer, on a monthly basis, in the form and content
17    prescribed by the Chief Procurement Officer, a report of
18    contracts that are related to the procurement of goods and
19    services identified in this subsection. At a minimum, this
20    report shall include the name of the contractor, a
21    description of the supply or service provided, the total
22    amount of the contract, the term of the contract, and the
23    exception to this Code utilized. A copy of any or all of
24    these contracts shall be made available to the Chief
25    Procurement Officer immediately upon request. The Chief
26    Procurement Officer shall submit a report to the Governor

 

 

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1    and General Assembly no later than November 1 of each year
2    that includes, at a minimum, an annual summary of the
3    monthly information reported to the Chief Procurement
4    Officer. This exemption becomes inoperative 5 years after
5    June 25, 2019 (the effective date of Public Act 101-27).
6        (19) Acquisition of modifications or adjustments,
7    limited to assistive technology devices and assistive
8    technology services, adaptive equipment, repairs, and
9    replacement parts to provide reasonable accommodations (i)
10    that enable a qualified applicant with a disability to
11    complete the job application process and be considered for
12    the position such qualified applicant desires, (ii) that
13    modify or adjust the work environment to enable a
14    qualified current employee with a disability to perform
15    the essential functions of the position held by that
16    employee, (iii) to enable a qualified current employee
17    with a disability to enjoy equal benefits and privileges
18    of employment as are enjoyed by its other similarly
19    situated employees without disabilities, and (iv) that
20    allow a customer, client, claimant, or member of the
21    public seeking State services full use and enjoyment of
22    and access to its programs, services, or benefits.
23        For purposes of this paragraph (19):
24        "Assistive technology devices" means any item, piece
25    of equipment, or product system, whether acquired
26    commercially off the shelf, modified, or customized, that

 

 

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1    is used to increase, maintain, or improve functional
2    capabilities of individuals with disabilities.
3        "Assistive technology services" means any service that
4    directly assists an individual with a disability in
5    selection, acquisition, or use of an assistive technology
6    device.
7        "Qualified" has the same meaning and use as provided
8    under the federal Americans with Disabilities Act when
9    describing an individual with a disability.
10        (20) (19) Procurement expenditures necessary for the
11    Illinois Commerce Commission to hire third-party
12    facilitators pursuant to Sections 16-105.17 and Section
13    16-108.18 of the Public Utilities Act or an ombudsman
14    pursuant to Section 16-107.5 of the Public Utilities Act,
15    a facilitator pursuant to Section 16-105.17 of the Public
16    Utilities Act, or a grid auditor pursuant to Section
17    16-105.10 of the Public Utilities Act.
18    Notwithstanding any other provision of law, for contracts
19with an annual value of more than $100,000 entered into on or
20after October 1, 2017 under an exemption provided in any
21paragraph of this subsection (b), except paragraph (1), (2),
22or (5), each State agency shall post to the appropriate
23procurement bulletin the name of the contractor, a description
24of the supply or service provided, the total amount of the
25contract, the term of the contract, and the exception to the
26Code utilized. The chief procurement officer shall submit a

 

 

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1report to the Governor and General Assembly no later than
2November 1 of each year that shall include, at a minimum, an
3annual summary of the monthly information reported to the
4chief procurement officer.
5    (c) This Code does not apply to the electric power
6procurement process provided for under Section 1-75 of the
7Illinois Power Agency Act and Section 16-111.5 of the Public
8Utilities Act.
9    (d) Except for Section 20-160 and Article 50 of this Code,
10and as expressly required by Section 9.1 of the Illinois
11Lottery Law, the provisions of this Code do not apply to the
12procurement process provided for under Section 9.1 of the
13Illinois Lottery Law.
14    (e) This Code does not apply to the process used by the
15Capital Development Board to retain a person or entity to
16assist the Capital Development Board with its duties related
17to the determination of costs of a clean coal SNG brownfield
18facility, as defined by Section 1-10 of the Illinois Power
19Agency Act, as required in subsection (h-3) of Section 9-220
20of the Public Utilities Act, including calculating the range
21of capital costs, the range of operating and maintenance
22costs, or the sequestration costs or monitoring the
23construction of clean coal SNG brownfield facility for the
24full duration of construction.
25    (f) (Blank).
26    (g) (Blank).

 

 

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1    (h) This Code does not apply to the process to procure or
2contracts entered into in accordance with Sections 11-5.2 and
311-5.3 of the Illinois Public Aid Code.
4    (i) Each chief procurement officer may access records
5necessary to review whether a contract, purchase, or other
6expenditure is or is not subject to the provisions of this
7Code, unless such records would be subject to attorney-client
8privilege.
9    (j) This Code does not apply to the process used by the
10Capital Development Board to retain an artist or work or works
11of art as required in Section 14 of the Capital Development
12Board Act.
13    (k) This Code does not apply to the process to procure
14contracts, or contracts entered into, by the State Board of
15Elections or the State Electoral Board for hearing officers
16appointed pursuant to the Election Code.
17    (l) This Code does not apply to the processes used by the
18Illinois Student Assistance Commission to procure supplies and
19services paid for from the private funds of the Illinois
20Prepaid Tuition Fund. As used in this subsection (l), "private
21funds" means funds derived from deposits paid into the
22Illinois Prepaid Tuition Trust Fund and the earnings thereon.
23    (m) This Code shall apply regardless of the source of
24funds with which contracts are paid, including federal
25assistance moneys. Except as specifically provided in this
26Code, this Code shall not apply to procurement expenditures

 

 

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1necessary for the Department of Public Health to conduct the
2Healthy Illinois Survey in accordance with Section 2310-431 of
3the Department of Public Health Powers and Duties Law of the
4Civil Administrative Code of Illinois.
5(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
6101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
71-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
8eff. 9-15-21; revised 11-23-21.)
 
9    (30 ILCS 500/1-12)
10    Sec. 1-12. Applicability to artistic or musical services.
11    (a) This Code shall not apply to procurement expenditures
12necessary to provide artistic or musical services,
13performances, or theatrical productions held at a venue
14operated or leased by a State agency.
15    (b) Notice of each contract with an annual value of more
16than $100,000 entered into by a State agency that is related to
17the procurement of goods and services identified in this
18Section shall be published in the Illinois Procurement
19Bulletin within 14 calendar days after contract execution. The
20chief procurement officer shall prescribe the form and content
21of the notice. Each State agency shall provide the chief
22procurement officer, on a monthly basis, in the form and
23content prescribed by the chief procurement officer, a report
24of contracts that are related to the procurement of supplies
25and services identified in this Section. At a minimum, this

 

 

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1report shall include the name of the contractor, a description
2of the supply or service provided, the total amount of the
3contract, the term of the contract, and the exception to the
4Code utilized. A copy of any or all of these contracts shall be
5made available to the chief procurement officer immediately
6upon request. The chief procurement officer shall submit a
7report to the Governor and General Assembly no later than
8November 1 of each year that shall include, at a minimum, an
9annual summary of the monthly information reported to the
10chief procurement officer.
11    (c) (Blank).
12    (d) The General Assembly finds and declares that:
13        (1) This amendatory Act of the 100th General Assembly
14    manifests the intention of the General Assembly to remove
15    the repeal of this Section.
16        (2) This Section was originally enacted to protect,
17    promote, and preserve the general welfare. Any
18    construction of this Section that results in the repeal of
19    this Section on December 31, 2016 would be inconsistent
20    with the manifest intent of the General Assembly and
21    repugnant to the context of this Code.
22    It is hereby declared to have been the intent of the
23General Assembly that this Section not be subject to repeal on
24December 31, 2016.
25    This Section shall be deemed to have been in continuous
26effect since August 3, 2012 (the effective date of Public Act

 

 

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197-895), and it shall continue to be in effect henceforward
2until it is otherwise lawfully repealed. All previously
3enacted amendments to this Section taking effect on or after
4December 31, 2016, are hereby validated.
5    All actions taken in reliance on or pursuant to this
6Section in the procurement of artistic or musical services are
7hereby validated.
8    In order to ensure the continuing effectiveness of this
9Section, it is set forth in full and re-enacted by this
10amendatory Act of the 100th General Assembly. This
11re-enactment is intended as a continuation of this Section. It
12is not intended to supersede any amendment to this Section
13that is enacted by the 100th General Assembly.
14    In this amendatory Act of the 100th General Assembly, the
15base text of this Section is set forth as amended by Public Act
1698-1076. Striking and underscoring is used only to show
17changes being made to the base text.
18    This Section applies to all procurements made on or before
19the effective date of this amendatory Act of the 100th General
20Assembly.
21(Source: P.A. 100-43, eff. 8-9-17.)
 
22    (30 ILCS 500/1-13)
23    Sec. 1-13. Applicability to public institutions of higher
24education.
25    (a) This Code shall apply to public institutions of higher

 

 

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1education, regardless of the source of the funds with which
2contracts are paid, except as provided in this Section.
3    (b) Except as provided in this Section, this Code shall
4not apply to procurements made by or on behalf of public
5institutions of higher education for any of the following:
6        (1) Memberships in professional, academic, research,
7    or athletic organizations on behalf of a public
8    institution of higher education, an employee of a public
9    institution of higher education, or a student at a public
10    institution of higher education.
11        (2) Procurement expenditures for events or activities
12    paid for exclusively by revenues generated by the event or
13    activity, gifts or donations for the event or activity,
14    private grants, or any combination thereof.
15        (3) Procurement expenditures for events or activities
16    for which the use of specific potential contractors is
17    mandated or identified by the sponsor of the event or
18    activity, provided that the sponsor is providing a
19    majority of the funding for the event or activity.
20        (4) Procurement expenditures necessary to provide
21    athletic, artistic or musical services, performances,
22    events, or productions by or for a public institution of
23    higher education.
24        (5) Procurement expenditures for periodicals, books,
25    subscriptions, database licenses, and other publications
26    procured for use by a university library or academic

 

 

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1    department, except for expenditures related to procuring
2    textbooks for student use or materials for resale or
3    rental.
4        (6) Procurement expenditures for placement of students
5    in externships, practicums, field experiences, and for
6    medical residencies and rotations.
7        (7) Contracts for programming and broadcast license
8    rights for university-operated radio and television
9    stations.
10        (8) Procurement expenditures necessary to perform
11    sponsored research and other sponsored activities under
12    grants and contracts funded by the sponsor or by sources
13    other than State appropriations.
14        (9) Contracts with a foreign entity for research or
15    educational activities, provided that the foreign entity
16    either does not maintain an office in the United States or
17    is the sole source of the service or product.
18Notice of each contract with an annual value of more than
19$100,000 entered into by a public institution of higher
20education that is related to the procurement of goods and
21services identified in items (1) through (9) of this
22subsection shall be published in the Procurement Bulletin
23within 14 calendar days after contract execution. The Chief
24Procurement Officer shall prescribe the form and content of
25the notice. Each public institution of higher education shall
26provide the Chief Procurement Officer, on a monthly basis, in

 

 

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1the form and content prescribed by the Chief Procurement
2Officer, a report of contracts that are related to the
3procurement of goods and services identified in this
4subsection. At a minimum, this report shall include the name
5of the contractor, a description of the supply or service
6provided, the total amount of the contract, the term of the
7contract, and the exception to the Code utilized. A copy of any
8or all of these contracts shall be made available to the Chief
9Procurement Officer immediately upon request. The Chief
10Procurement Officer shall submit a report to the Governor and
11General Assembly no later than November 1 of each year that
12shall include, at a minimum, an annual summary of the monthly
13information reported to the Chief Procurement Officer.
14    (b-5) Except as provided in this subsection, the
15provisions of this Code shall not apply to contracts for
16medical supplies, and to contracts for medical services
17necessary for the delivery of care and treatment at medical,
18dental, or veterinary teaching facilities utilized by Southern
19Illinois University or the University of Illinois and at any
20university-operated health care center or dispensary that
21provides care, treatment, and medications for students,
22faculty and staff. Other supplies and services needed for
23these teaching facilities shall be subject to the jurisdiction
24of the Chief Procurement Officer for Public Institutions of
25Higher Education who may establish expedited procurement
26procedures and may waive or modify certification, contract,

 

 

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1hearing, process and registration requirements required by the
2Code. All procurements made under this subsection shall be
3documented and may require publication in the Illinois
4Procurement Bulletin.
5    (b-10) Procurements made by or on behalf of the University
6of Illinois for investment services scheduled to expire June
72022 2021 may be extended through June 2024 2022 without being
8subject to the requirements of this Code. Any contract
9extended, renewed, or entered pursuant to this exception shall
10be published on the Executive Ethics Commission's website
11within 5 days of contract execution. This subsection is
12inoperative on and after July 1, 2024 2022.
13    (c) Procurements made by or on behalf of public
14institutions of higher education for the fulfillment of a
15grant shall be made in accordance with the requirements of
16this Code to the extent practical.
17    Upon the written request of a public institution of higher
18education, the Chief Procurement Officer may waive contract,
19registration, certification, and hearing requirements of this
20Code if, based on the item to be procured or the terms of a
21grant, compliance is impractical. The public institution of
22higher education shall provide the Chief Procurement Officer
23with specific reasons for the waiver, including the necessity
24of contracting with a particular potential contractor, and
25shall certify that an effort was made in good faith to comply
26with the provisions of this Code. The Chief Procurement

 

 

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1Officer shall provide written justification for any waivers.
2By November 1 of each year, the Chief Procurement Officer
3shall file a report with the General Assembly identifying each
4contract approved with waivers and providing the justification
5given for any waivers for each of those contracts. Notice of
6each waiver made under this subsection shall be published in
7the Procurement Bulletin within 14 calendar days after
8contract execution. The Chief Procurement Officer shall
9prescribe the form and content of the notice.
10    (d) Notwithstanding this Section, a waiver of the
11registration requirements of Section 20-160 does not permit a
12business entity and any affiliated entities or affiliated
13persons to make campaign contributions if otherwise prohibited
14by Section 50-37. The total amount of contracts awarded in
15accordance with this Section shall be included in determining
16the aggregate amount of contracts or pending bids of a
17business entity and any affiliated entities or affiliated
18persons.
19    (e) Notwithstanding subsection (e) of Section 50-10.5 of
20this Code, the Chief Procurement Officer, with the approval of
21the Executive Ethics Commission, may permit a public
22institution of higher education to accept a bid or enter into a
23contract with a business that assisted the public institution
24of higher education in determining whether there is a need for
25a contract or assisted in reviewing, drafting, or preparing
26documents related to a bid or contract, provided that the bid

 

 

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1or contract is essential to research administered by the
2public institution of higher education and it is in the best
3interest of the public institution of higher education to
4accept the bid or contract. For purposes of this subsection,
5"business" includes all individuals with whom a business is
6affiliated, including, but not limited to, any officer, agent,
7employee, consultant, independent contractor, director,
8partner, manager, or shareholder of a business. The Executive
9Ethics Commission may promulgate rules and regulations for the
10implementation and administration of the provisions of this
11subsection (e).
12    (f) As used in this Section:
13    "Grant" means non-appropriated funding provided by a
14federal or private entity to support a project or program
15administered by a public institution of higher education and
16any non-appropriated funding provided to a sub-recipient of
17the grant.
18    "Public institution of higher education" means Chicago
19State University, Eastern Illinois University, Governors State
20University, Illinois State University, Northeastern Illinois
21University, Northern Illinois University, Southern Illinois
22University, University of Illinois, Western Illinois
23University, and, for purposes of this Code only, the Illinois
24Mathematics and Science Academy.
25    (g) (Blank).
26    (h) The General Assembly finds and declares that:

 

 

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1        (1) Public Act 98-1076, which took effect on January
2    1, 2015, changed the repeal date set for this Section from
3    December 31, 2014 to December 31, 2016.
4        (2) The Statute on Statutes sets forth general rules
5    on the repeal of statutes and the construction of multiple
6    amendments, but Section 1 of that Act also states that
7    these rules will not be observed when the result would be
8    "inconsistent with the manifest intent of the General
9    Assembly or repugnant to the context of the statute".
10        (3) This amendatory Act of the 100th General Assembly
11    manifests the intention of the General Assembly to remove
12    the repeal of this Section.
13        (4) This Section was originally enacted to protect,
14    promote, and preserve the general welfare. Any
15    construction of this Section that results in the repeal of
16    this Section on December 31, 2014 would be inconsistent
17    with the manifest intent of the General Assembly and
18    repugnant to the context of this Code.
19    It is hereby declared to have been the intent of the
20General Assembly that this Section not be subject to repeal on
21December 31, 2014.
22    This Section shall be deemed to have been in continuous
23effect since December 20, 2011 (the effective date of Public
24Act 97-643), and it shall continue to be in effect
25henceforward until it is otherwise lawfully repealed. All
26previously enacted amendments to this Section taking effect on

 

 

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1or after December 31, 2014, are hereby validated.
2    All actions taken in reliance on or pursuant to this
3Section by any public institution of higher education, person,
4or entity are hereby validated.
5    In order to ensure the continuing effectiveness of this
6Section, it is set forth in full and re-enacted by this
7amendatory Act of the 100th General Assembly. This
8re-enactment is intended as a continuation of this Section. It
9is not intended to supersede any amendment to this Section
10that is enacted by the 100th General Assembly.
11    In this amendatory Act of the 100th General Assembly, the
12base text of the reenacted Section is set forth as amended by
13Public Act 98-1076. Striking and underscoring is used only to
14show changes being made to the base text.
15    This Section applies to all procurements made on or before
16the effective date of this amendatory Act of the 100th General
17Assembly.
18(Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21.)
 
19    (30 ILCS 500/1-15.12)
20    Sec. 1-15.12. Change order. "Change order" means a change
21in a contract term, other than as specifically provided for in
22the contract, which authorizes or necessitates any increase or
23decrease in the cost of the contract or the time for completion
24for procurements subject to the jurisdiction of the chief
25procurement officers appointed pursuant to Section 10-20.

 

 

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1(Source: P.A. 98-1076, eff. 1-1-15.)
 
2    (30 ILCS 500/1-15.107)
3    Sec. 1-15.107. Subcontract. "Subcontract" means a contract
4between a person and a person who has a contract subject to
5this Code, pursuant to which the subcontractor provides to the
6contractor, or, if the contract price exceeds the small
7purchase maximum established by Section 20-20 of this Code
8$50,000, another subcontractor, some or all of the goods,
9services, real property, remuneration, or other monetary forms
10of consideration that are the subject of the primary contract
11and includes, among other things, subleases from a lessee of a
12State agency. For purposes of this Code, a "subcontract" does
13not include purchases of goods or supplies that are incidental
14to the performance of a contract by a person who has a contract
15subject to this Code.
16(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
17    (30 ILCS 500/1-15.108)
18    Sec. 1-15.108. Subcontractor. "Subcontractor" means a
19person or entity that enters into a contractual agreement with
20a total value that exceeds the small purchase maximum
21established by Section 20-20 of this Code of $50,000 or more
22with a person or entity who has a contract subject to this Code
23pursuant to which the person or entity provides some or all of
24the goods, services, real property, remuneration, or other

 

 

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1monetary forms of consideration that are the subject of the
2primary State contract, including subleases from a lessee of a
3State contract. For purposes of this Code, a person or entity
4is not a "subcontractor" if that person only provides goods or
5supplies that are incidental to the performance of a contract
6by a person who has a contract subject to this Code.
7(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
8    (30 ILCS 500/20-20)
9    Sec. 20-20. Small purchases.
10    (a) Amount. Any individual procurement of supplies or
11services not exceeding $100,000 and any procurement of
12construction not exceeding $100,000, or any individual
13procurement of professional or artistic services not exceeding
14$100,000 may be made without competitive source selection.
15Procurements shall not be artificially divided so as to
16constitute a small purchase under this Section. Any
17procurement of construction not exceeding $100,000 may be made
18by an alternative competitive source selection. The
19construction agency shall establish rules for an alternative
20competitive source selection process. This Section does not
21apply to construction-related professional services contracts
22awarded in accordance with the provisions of the
23Architectural, Engineering, and Land Surveying Qualifications
24Based Selection Act.
25    (b) Adjustment. Each July 1, the small purchase maximum

 

 

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1established in subsection (a) shall be adjusted for inflation
2as determined by the Consumer Price Index for All Urban
3Consumers as determined by the United States Department of
4Labor and rounded to the nearest $100.
5    (c) Based upon rules proposed by the Board and rules
6promulgated by the chief procurement officers, the small
7purchase maximum established in subsection (a) may be
8modified.
9    (d) Certification. All small purchases with an annual
10value that exceeds $50,000 shall be accompanied by Standard
11Illinois Certifications in a form prescribed by each Chief
12Procurement Officer.
13(Source: P.A. 100-43, eff. 8-9-17.)
 
14    (30 ILCS 500/20-60)
15    Sec. 20-60. Duration of contracts.
16    (a) Maximum duration. A contract may be entered into for
17any period of time deemed to be in the best interests of the
18State but not exceeding 10 years inclusive, beginning January
191, 2010, of proposed contract renewals. Third parties may
20lease State-owned dark fiber networks for any period of time
21deemed to be in the best interest of the State, but not
22exceeding 20 years. The length of a lease for real property or
23capital improvements shall be in accordance with the
24provisions of Section 40-25. The length of energy conservation
25program contracts or energy savings contracts or leases shall

 

 

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1be in accordance with the provisions of Section 25-45. A
2contract for bond or mortgage insurance awarded by the
3Illinois Housing Development Authority, however, may be
4entered into for any period of time less than or equal to the
5maximum period of time that the subject bond or mortgage may
6remain outstanding.
7    (b) Subject to appropriation. All contracts made or
8entered into shall recite that they are subject to termination
9and cancellation in any year for which the General Assembly
10fails to make an appropriation to make payments under the
11terms of the contract.
12    (c) The chief procurement officer shall file a proposed
13extension or renewal of a contract with the Procurement Policy
14Board and the Commission on Equity and Inclusion prior to
15entering into any extension or renewal if the cost associated
16with the extension or renewal exceeds $249,999. The
17Procurement Policy Board or the Commission on Equity and
18Inclusion may object to the proposed extension or renewal
19within 14 30 calendar days and require a hearing before the
20Board or the Commission on Equity and Inclusion prior to
21entering into the extension or renewal. If the Procurement
22Policy Board or the Commission on Equity and Inclusion does
23not object within 14 30 calendar days or takes affirmative
24action to recommend the extension or renewal, the chief
25procurement officer may enter into the extension or renewal of
26a contract. This subsection does not apply to any emergency

 

 

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1procurement, any procurement under Article 40, or any
2procurement exempted by Section 1-10(b) of this Code. If any
3State agency contract is paid for in whole or in part with
4federal-aid funds, grants, or loans and the provisions of this
5subsection would result in the loss of those federal-aid
6funds, grants, or loans, then the contract is exempt from the
7provisions of this subsection in order to remain eligible for
8those federal-aid funds, grants, or loans, and the State
9agency shall file notice of this exemption with the
10Procurement Policy Board or the Commission on Equity and
11Inclusion prior to entering into the proposed extension or
12renewal. Nothing in this subsection permits a chief
13procurement officer to enter into an extension or renewal in
14violation of subsection (a). By August 1 each year, the
15Procurement Policy Board and the Commission on Equity and
16Inclusion shall each file a report with the General Assembly
17identifying for the previous fiscal year (i) the proposed
18extensions or renewals that were filed and whether such
19extensions and renewals were objected to and (ii) the
20contracts exempt from this subsection.
21    (d) Notwithstanding the provisions of subsection (a) of
22this Section, the Department of Innovation and Technology may
23enter into leases for dark fiber networks for any period of
24time deemed to be in the best interests of the State but not
25exceeding 20 years inclusive. The Department of Innovation and
26Technology may lease dark fiber networks from third parties

 

 

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1only for the primary purpose of providing services (i) to the
2offices of Governor, Lieutenant Governor, Attorney General,
3Secretary of State, Comptroller, or Treasurer and State
4agencies, as defined under Section 5-15 of the Civil
5Administrative Code of Illinois or (ii) for anchor
6institutions, as defined in Section 7 of the Illinois Century
7Network Act. Dark fiber network lease contracts shall be
8subject to all other provisions of this Code and any
9applicable rules or requirements, including, but not limited
10to, publication of lease solicitations, use of standard State
11contracting terms and conditions, and approval of vendor
12certifications and financial disclosures.
13    (e) As used in this Section, "dark fiber network" means a
14network of fiber optic cables laid but currently unused by a
15third party that the third party is leasing for use as network
16infrastructure.
17    (f) No vendor shall be eligible for renewal of a contract
18when that vendor has failed to meet the goals agreed to in the
19vendor's utilization plan, as defined in Section 2 of the
20Business Enterprise for Minorities, Women, and Persons with
21Disabilities Act, unless the State agency or public
22institution of higher education has determined that the vendor
23made good faith efforts toward meeting the contract goals. If
24the State agency or public institution of higher education
25determines that the vendor made good faith efforts, the agency
26or public institution of higher education may issue a waiver

 

 

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1after concurrence by the chief procurement officer, which
2shall not be unreasonably withheld or impair a State agency
3determination to execute the renewal. The form and content of
4the waiver shall be prescribed by each chief procurement
5officer, but shall not impair a State agency or public
6institution of higher education determination to execute the
7renewal. The chief procurement officer shall post the
8completed form on his or her official website within 5
9business days after receipt from the State agency or public
10institution of higher education. The chief procurement officer
11who shall maintain on his or her official website a database of
12waivers granted under this Section with respect to contracts
13under his or her jurisdiction. The database shall be updated
14periodically and shall be searchable by contractor name and by
15contracting State agency or public institution of higher
16education.
17(Source: P.A. 101-81, eff. 7-12-19; 101-657, Article 5,
18Section 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for
19effective date of P.A. 101-657, Article 5, Section 5-5);
20101-657, Article 40, Section 40-125, eff. 1-1-22; 102-29, eff.
216-25-21.)
 
22    (30 ILCS 500/20-75)
23    Sec. 20-75. Disputes and protests. The chief procurement
24officers shall by rule establish procedures to be followed in
25resolving protested solicitations and awards and contract

 

 

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1controversies, for debarment or suspension of contractors, and
2for resolving other procurement-related disputes. At a
3minimum, the established procedures must include the
4requirement that the chief procurement officer resolve the
5protest by means of a written determination within 30 days of
6receiving all relevant requested information, unless an action
7concerning the protest has commenced in a court or
8administrative body, in which case, the chief procurement
9officer may defer resolution of the protest pending the
10judicial or administrative proceeding.
11(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A.
1296-793 for the effective date of changes made by P.A.
1396-795).)
 
14    (30 ILCS 500/20-120)
15    Sec. 20-120. Subcontractors.
16    (a) Any contract granted under this Code shall state
17whether the services of a subcontractor will be used. The
18contract shall include the names and addresses of all known
19subcontractors with subcontracts with an annual value that
20exceeds the small purchase maximum established by Section
2120-20 of this Code of more than $50,000, the general type of
22work to be performed by these subcontractors, and the expected
23amount of money each will receive under the contract. Upon the
24request of the chief procurement officer appointed pursuant to
25paragraph (2) of subsection (a) of Section 10-20, the

 

 

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1contractor shall provide the chief procurement officer a copy
2of a subcontract so identified within 15 calendar days after
3the request is made. A subcontractor, or contractor on behalf
4of a subcontractor, may identify information that is deemed
5proprietary or confidential. If the chief procurement officer
6determines the information is not relevant to the primary
7contract, the chief procurement officer may excuse the
8inclusion of the information. If the chief procurement officer
9determines the information is proprietary or could harm the
10business interest of the subcontractor, the chief procurement
11officer may, in his or her discretion, redact the information.
12Redacted information shall not become part of the public
13record.
14    (b) If at any time during the term of a contract, a
15contractor adds or changes any subcontractors, he or she shall
16promptly notify, in writing, the chief procurement officer,
17State purchasing officer, or their designee of the names and
18addresses of each new or replaced subcontractor and the
19general type of work to be performed. Upon the request of the
20chief procurement officer appointed pursuant to paragraph (2)
21of subsection (a) of Section 10-20, the contractor shall
22provide the chief procurement officer a copy of any new or
23amended subcontract so identified within 15 calendar days
24after the request is made.
25    (c) In addition to any other requirements of this Code, a
26subcontract subject to this Section must include all of the

 

 

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1subcontractor's certifications required by Article 50 of the
2Code.
3    (d) This Section applies to procurements solicited on or
4after the effective date of this amendatory Act of the 96th
5General Assembly. The changes made to this Section by this
6amendatory Act of the 97th General Assembly apply to
7procurements solicited on or after the effective date of this
8amendatory Act of the 97th General Assembly.
9(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
10    (30 ILCS 500/30-60 new)
11    Sec. 30-60. Change order reports.
12    (a) During the period described in subsection (b), the
13Capital Development Board and the Department of Transportation
14shall each prepare quarterly reports on the status of change
15order requests concerning price that have been received by
16either the Board or the Department and that have not been acted
17upon within 45 days. The reports shall be made available to the
18public on the Internet websites of the Capital Development
19Board and the Department of Transportation, and shall also be
20submitted to the Governor and the General Assembly. The
21reports shall include as much information as possible,
22including, but not limited to: (i) the number of change order
23requests concerning price that have been received by the Board
24or the Department within the applicable reporting quarter and
25have not been acted upon within 45 days after their receipt;

 

 

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1and (ii) for those change order requests concerning price that
2are agreed to by the Board or the Department, information on
3the number of days that passed between the date the change
4order request was received and the date it was agreed to by the
5Board or Department.
6    (b) There shall be 12 quarterly reports in total. The
7first report shall be published on or before January 15, 2023,
8and the last report shall be published on or before December
915, 2025.
10    (c) The reports may include a narrative section that
11explains any internal improvements made and any plans to
12reduce the number of contracts with a change order in which an
13agreement on price is not reached within 45 days after receipt
14of the change order request.
15    (d) This Section is repealed on January 1, 2026.
 
16    (30 ILCS 500/35-40)
17    Sec. 35-40. Subcontractors.
18    (a) Any contract granted under this Article shall state
19whether the services of a subcontractor will be used. The
20contract shall include the names and addresses of all
21subcontractors with an annual value that exceeds the small
22purchase maximum established by Section 20-20 of this Code of
23more than $50,000, the general type of work to be performed by
24these subcontractors, and the expected amount of money each
25will receive under the contract. Upon the request of the chief

 

 

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1procurement officer appointed pursuant to paragraph (2) of
2subsection (a) of Section 10-20, the contractor shall provide
3the chief procurement officer a copy of a subcontract so
4identified within 15 calendar days after the request is made.
5A subcontractor, or contractor on behalf of a subcontractor,
6may identify information that is deemed proprietary or
7confidential. If the chief procurement officer determines the
8information is not relevant to the primary contract, the chief
9procurement officer may excuse the inclusion of the
10information. If the chief procurement officer determines the
11information is proprietary or could harm the business interest
12of the subcontractor, the chief procurement officer may, in
13his or her discretion, redact the information. Redacted
14information shall not become part of the public record.
15    (b) If at any time during the term of a contract, a
16contractor adds or changes any subcontractors, he or she shall
17promptly notify, in writing, the chief procurement officer for
18matters other than construction or the higher education chief
19procurement officer, whichever is appropriate, and the
20responsible State purchasing officer, or their designee of the
21names and addresses and the expected amount of money each new
22or replaced subcontractor will receive. Upon request of the
23chief procurement officer appointed pursuant to paragraph (2)
24of subsection (a) of Section 10-20, the contractor shall
25provide the chief procurement officer a copy of any new or
26amended subcontract so identified within 15 calendar days

 

 

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1after the request is made.
2    (c) In addition to any other requirements of this Code, a
3subcontract subject to this Section must include all of the
4subcontractor's certifications required by Article 50 of this
5Code.
6    (d) For purposes of this Section, the changes made by this
7amendatory Act of the 98th General Assembly apply to
8procurements solicited on or after the effective date of this
9amendatory Act of the 98th General Assembly.
10(Source: P.A. 98-1076, eff. 1-1-15.)
 
11    (30 ILCS 500/40-25)
12    Sec. 40-25. Length of leases.
13    (a) Maximum term. Except as otherwise provided under
14subsection (a-5), leases shall be for a term not to exceed 10
15years inclusive, beginning January, 1, 2010, of proposed
16contract renewals and shall include a termination option in
17favor of the State after 5 years. The length of energy
18conservation program contracts or energy savings contracts or
19leases shall be in accordance with the provisions of Section
2025-45.
21    (a-5) Extended term. A lease for real property owned by a
22public institution of higher education to be used for
23healthcare uses, academic facilities, dormitory facilities, or
24other support uses the University of Illinois to be used by the
25University of Illinois at Chicago for an ambulatory surgical

 

 

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1center, which would include both clinical services and retail
2space, may exceed 10 years in length when where: (i) the lease
3requires the lessor to make capital improvements in excess of
4$100,000; and (ii) the Board of Trustees of the public
5institution of higher education University of Illinois
6determines a term of more than 10 years is necessary and is in
7the best interest of the institution University. A lease under
8this subsection (a-5) may not exceed 30 years in length.
9    (b) Renewal. Leases may include a renewal option. An
10option to renew may be exercised only when a State purchasing
11officer determines in writing that renewal is in the best
12interest of the State and notice of the exercise of the option
13is published in the appropriate volume of the Procurement
14Bulletin at least 30 calendar days prior to the exercise of the
15option.
16    (c) Subject to appropriation. All leases shall recite that
17they are subject to termination and cancellation in any year
18for which the General Assembly fails to make an appropriation
19to make payments under the terms of the lease.
20    (d) Holdover. Beginning January 1, 2010, no lease may
21continue on a month-to-month or other holdover basis for a
22total of more than 6 months. Beginning July 1, 2010, the
23Comptroller shall withhold payment of leases beyond this
24holdover period.
25    (e) On December 31, 2023, and every year thereafter, any
26institution of higher education that enters into a lease under

 

 

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1this Section shall file with both houses of the General
2Assembly a report outlining each lease entered into under this
3Section that is current as of the date of the report.
4(Source: P.A. 100-23, eff. 7-6-17; 100-1047, eff. 1-1-19;
5101-426, eff. 1-1-20.)
 
6    (30 ILCS 500/45-105 new)
7    Sec. 45-105. Bid preference for Illinois businesses.
8    (a) For the purposes of this Section:
9    "Illinois business" means a contractor that: (i) is
10headquartered in Illinois and providing, at the time that an
11invitation for a bid or notice of contract opportunity is
12first advertised, construction or construction-related
13professional services for Illinois-based projects; (ii)
14conducts meaningful day-to-day business operations at a
15facility in Illinois that is the place of employment for the
16majority of its regular, full-time workforce; (iii) holds all
17appropriate State licenses; and (iv) is subject to applicable
18State taxes. "Illinois business" does not include any
19subcontractors.
20    "Illinois-based project" means an individual project of
21construction and other construction-related services for a
22construction agency that will result in the conduct of
23business within the State or the employment of individuals
24within the State.
25    (b) It is hereby declared to be the public policy of the

 

 

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1State of Illinois to promote the economy of Illinois through
2the use of Illinois businesses for all State construction
3contracts.
4    (c) Construction agencies procuring construction and
5construction-related professional services shall make
6reasonable efforts to contract with Illinois businesses.
7    (d) Beginning in 2022, each construction agency shall
8submit a report to the Governor and the General Assembly by
9September 1 of each year that identifies the Illinois
10businesses procured by the construction agency, the primary
11location of the construction project, the percentage of the
12construction agency's utilization of Illinois businesses on
13the project as a whole, and the actions that the construction
14agency has undertaken to increase the use of Illinois
15businesses.
16    (e) In procuring construction and construction-related
17professional services for projects with a total construction
18cost of more than $100,000, construction agencies shall
19provide a bid preference to a responsible bidder that is an
20Illinois business as defined in this Section. The construction
21agency shall allocate to any responsible bidder that is an
22Illinois business a bid preference of 4% of the contract base
23bid.
24    (f) This Section does not apply to any contract for any
25project for which federal funds are available for expenditure
26when its provisions may be in conflict with federal law or

 

 

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1federal regulation.
 
2    (30 ILCS 500/50-11)
3    Sec. 50-11. Debt delinquency.
4    (a) If a No person submits shall submit a bid or offer for,
5enters enter into a contract or subcontract under this Code,
6or makes make a submission to a vendor portal and if that
7person knows or should know that he or she or any affiliate is
8delinquent in the payment of any debt to the State, that person
9or affiliate must cure the debt delinquency within 7 calendar
10days by satisfying the entire debt, or unless the person or
11affiliate must enter has entered into a deferred payment plan
12to pay off the debt, subject to the Comptroller's ability to
13process the payment, or must be actively disputing or seeking
14a resolution of the debt. For purposes of this Section, the
15phrase "delinquent in the payment of any debt" shall be
16determined by the Debt Collection Bureau. For purposes of this
17Section, the term "affiliate" means any entity that (1)
18directly, indirectly, or constructively controls another
19entity, (2) is directly, indirectly, or constructively
20controlled by another entity, or (3) is subject to the control
21of a common entity. For purposes of this subsection (a), a
22person controls an entity if the person owns, directly or
23individually, more than 10% of the voting securities of that
24entity. As used in this subsection (a), the term "voting
25security" means a security that (1) confers upon the holder

 

 

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1the right to vote for the election of members of the board of
2directors or similar governing body of the business or (2) is
3convertible into, or entitles the holder to receive upon its
4exercise, a security that confers such a right to vote. A
5general partnership interest is a voting security.
6    (b) Every bid and offer submitted to the State, every
7vendor's submission to a vendor portal, every contract
8executed by the State and every subcontract subject to Section
920-120 of this Code shall contain a certification by the
10bidder, offeror, potential contractor, contractor, or
11subcontractor, respectively, that the bidder, offeror,
12respondent, potential contractor, contractor or the
13subcontractor and its affiliate is not barred from being
14awarded a contract or subcontract under this Section and
15acknowledges that the chief procurement officer may declare
16the related contract void if any of the certifications
17completed pursuant to this subsection (b) are false. If the
18false certification is made by a subcontractor, then the
19contractor's submitted bid or offer and the executed contract
20may not be declared void, unless the contractor refuses to
21terminate the subcontract upon the State's request after a
22finding that the subcontract's certification was false.
23(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
24    (30 ILCS 500/50-35)
25    Sec. 50-35. Financial disclosure and potential conflicts

 

 

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1of interest.
2    (a) All bids and offers from responsive bidders, offerors,
3vendors, or contractors with an annual value that exceeds the
4small purchase threshold established under subsection (a) of
5Section 20-20 of this Code of more than $50,000, and all
6submissions to a vendor portal, shall be accompanied by
7disclosure of the financial interests of the bidder, offeror,
8potential contractor, or contractor and each subcontractor to
9be used. In addition, all subcontracts identified as provided
10by Section 20-120 of this Code with an annual value that
11exceeds the small purchase threshold established under
12subsection (a) of Section 20-20 of this Code of more than
13$50,000 shall be accompanied by disclosure of the financial
14interests of each subcontractor. The financial disclosure of
15each successful bidder, offeror, potential contractor, or
16contractor and its subcontractors shall be incorporated as a
17material term of the contract and shall become part of the
18publicly available contract or procurement file maintained by
19the appropriate chief procurement officer. Each disclosure
20under this Section shall be signed and made under penalty of
21perjury by an authorized officer or employee on behalf of the
22bidder, offeror, potential contractor, contractor, or
23subcontractor, and must be filed with the Procurement Policy
24Board and the Commission on Equity and Inclusion.
25    (b) Disclosure shall include any ownership or distributive
26income share that is in excess of 5%, or an amount greater than

 

 

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160% of the annual salary of the Governor, of the disclosing
2entity or its parent entity, whichever is less, unless the
3bidder, offeror, potential contractor, contractor, or
4subcontractor (i) is a publicly traded entity subject to
5Federal 10K reporting, in which case it may submit its 10K
6disclosure in place of the prescribed disclosure, or (ii) is a
7privately held entity that is exempt from Federal 10k
8reporting but has more than 100 shareholders, in which case it
9may submit the information that Federal 10k reporting
10companies are required to report under 17 CFR 229.401 and list
11the names of any person or entity holding any ownership share
12that is in excess of 5% in place of the prescribed disclosure.
13The form of disclosure shall be prescribed by the applicable
14chief procurement officer and must include at least the names,
15addresses, and dollar or proportionate share of ownership of
16each person identified in this Section, their instrument of
17ownership or beneficial relationship, and notice of any
18potential conflict of interest resulting from the current
19ownership or beneficial relationship of each individual
20identified in this Section having in addition any of the
21following relationships:
22        (1) State employment, currently or in the previous 3
23    years, including contractual employment of services.
24        (2) State employment of spouse, father, mother, son,
25    or daughter, including contractual employment for services
26    in the previous 2 years.

 

 

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1        (3) Elective status; the holding of elective office of
2    the State of Illinois, the government of the United
3    States, any unit of local government authorized by the
4    Constitution of the State of Illinois or the statutes of
5    the State of Illinois currently or in the previous 3
6    years.
7        (4) Relationship to anyone holding elective office
8    currently or in the previous 2 years; spouse, father,
9    mother, son, or daughter.
10        (5) Appointive office; the holding of any appointive
11    government office of the State of Illinois, the United
12    States of America, or any unit of local government
13    authorized by the Constitution of the State of Illinois or
14    the statutes of the State of Illinois, which office
15    entitles the holder to compensation in excess of expenses
16    incurred in the discharge of that office currently or in
17    the previous 3 years.
18        (6) Relationship to anyone holding appointive office
19    currently or in the previous 2 years; spouse, father,
20    mother, son, or daughter.
21        (7) Employment, currently or in the previous 3 years,
22    as or by any registered lobbyist of the State government.
23        (8) Relationship to anyone who is or was a registered
24    lobbyist in the previous 2 years; spouse, father, mother,
25    son, or daughter.
26        (9) Compensated employment, currently or in the

 

 

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1    previous 3 years, by any registered election or
2    re-election committee registered with the Secretary of
3    State or any county clerk in the State of Illinois, or any
4    political action committee registered with either the
5    Secretary of State or the Federal Board of Elections.
6        (10) Relationship to anyone; spouse, father, mother,
7    son, or daughter; who is or was a compensated employee in
8    the last 2 years of any registered election or re-election
9    committee registered with the Secretary of State or any
10    county clerk in the State of Illinois, or any political
11    action committee registered with either the Secretary of
12    State or the Federal Board of Elections.
13    (b-1) The disclosure required under this Section must also
14include the name and address of each lobbyist required to
15register under the Lobbyist Registration Act and other agent
16of the bidder, offeror, potential contractor, contractor, or
17subcontractor who is not identified under subsections (a) and
18(b) and who has communicated, is communicating, or may
19communicate with any State officer or employee concerning the
20bid or offer. The disclosure under this subsection is a
21continuing obligation and must be promptly supplemented for
22accuracy throughout the process and throughout the term of the
23contract if the bid or offer is successful.
24    (b-2) The disclosure required under this Section must also
25include, for each of the persons identified in subsection (b)
26or (b-1), each of the following that occurred within the

 

 

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1previous 10 years: suspension or debarment from contracting
2with any governmental entity; professional licensure
3discipline; bankruptcies; adverse civil judgments and
4administrative findings; and criminal felony convictions. The
5disclosure under this subsection is a continuing obligation
6and must be promptly supplemented for accuracy throughout the
7process and throughout the term of the contract if the bid or
8offer is successful.
9    (c) The disclosure in subsection (b) is not intended to
10prohibit or prevent any contract. The disclosure is meant to
11fully and publicly disclose any potential conflict to the
12chief procurement officers, State purchasing officers, their
13designees, and executive officers so they may adequately
14discharge their duty to protect the State.
15    (d) When a potential for a conflict of interest is
16identified, discovered, or reasonably suspected, the chief
17procurement officer or State procurement officer shall send
18the contract to the Procurement Policy Board and the
19Commission on Equity and Inclusion. In accordance with the
20objectives of subsection (c), if the Procurement Policy Board
21or the Commission on Equity and Inclusion finds evidence of a
22potential conflict of interest not originally disclosed by the
23bidder, offeror, potential contractor, contractor, or
24subcontractor, the Board or the Commission on Equity and
25Inclusion shall provide written notice to the bidder, offeror,
26potential contractor, contractor, or subcontractor that is

 

 

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1identified, discovered, or reasonably suspected of having a
2potential conflict of interest. The bidder, offeror, potential
3contractor, contractor, or subcontractor shall have 15
4calendar days to respond in writing to the Board or the
5Commission on Equity and Inclusion, and a hearing before the
6Board or the Commission on Equity and Inclusion will be
7granted upon request by the bidder, offeror, potential
8contractor, contractor, or subcontractor, at a date and time
9to be determined by the Board or the Commission on Equity and
10Inclusion, but which in no event shall occur later than 15
11calendar days after the date of the request. Upon
12consideration, the Board or the Commission on Equity and
13Inclusion shall recommend, in writing, whether to allow or
14void the contract, bid, offer, or subcontract weighing the
15best interest of the State of Illinois. All recommendations
16shall be submitted to the Executive Ethics Commission. The
17Executive Ethics Commission must hold a public hearing within
1830 calendar days after receiving the Board's or the Commission
19on Equity and Inclusion's recommendation if the Procurement
20Policy Board or the Commission on Equity and Inclusion makes a
21recommendation to (i) void a contract or (ii) void a bid or
22offer and the chief procurement officer selected or intends to
23award the contract to the bidder, offeror, or potential
24contractor. A chief procurement officer is prohibited from
25awarding a contract before a hearing if the Board or the
26Commission on Equity and Inclusion recommendation does not

 

 

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1support a bid or offer. The recommendation and proceedings of
2any hearing, if applicable, shall be available to the public.
3    (e) These thresholds and disclosure do not relieve the
4chief procurement officer, the State purchasing officer, or
5their designees from reasonable care and diligence for any
6contract, bid, offer, or submission to a vendor portal. The
7chief procurement officer, the State purchasing officer, or
8their designees shall be responsible for using any reasonably
9known and publicly available information to discover any
10undisclosed potential conflict of interest and act to protect
11the best interest of the State of Illinois.
12    (f) Inadvertent or accidental failure to fully disclose
13shall render the contract, bid, offer, proposal, subcontract,
14or relationship voidable by the chief procurement officer if
15he or she deems it in the best interest of the State of
16Illinois and, at his or her discretion, may be cause for
17barring from future contracts, bids, offers, proposals,
18subcontracts, or relationships with the State for a period of
19up to 2 years.
20    (g) Intentional, willful, or material failure to disclose
21shall render the contract, bid, offer, proposal, subcontract,
22or relationship voidable by the chief procurement officer if
23he or she deems it in the best interest of the State of
24Illinois and shall result in debarment from future contracts,
25bids, offers, proposals, subcontracts, or relationships for a
26period of not less than 2 years and not more than 10 years.

 

 

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1Reinstatement after 2 years and before 10 years must be
2reviewed and commented on in writing by the Governor of the
3State of Illinois, or by an executive ethics board or
4commission he or she might designate. The comment shall be
5returned to the responsible chief procurement officer who must
6rule in writing whether and when to reinstate.
7    (h) In addition, all disclosures shall note any other
8current or pending contracts, bids, offers, proposals,
9subcontracts, leases, or other ongoing procurement
10relationships the bidder, offeror, potential contractor,
11contractor, or subcontractor has with any other unit of State
12government and shall clearly identify the unit and the
13contract, offer, proposal, lease, or other relationship.
14    (i) The bidder, offeror, potential contractor, or
15contractor has a continuing obligation to supplement the
16disclosure required by this Section throughout the bidding
17process during the term of any contract, and during the vendor
18portal registration process.
19    (j) If a bid or offer is received from a responsive bidder,
20offeror, vendor, contractor, or subcontractor with an annual
21value of more than $100,000 and the bidder, offeror, vendor,
22contractor, or subcontractor has an active contract with that
23same entity and already has submitted their financial
24disclosures and potential conflicts of interest within the
25last 12 months, the bidder, offeror, vendor, contractor, or
26subcontractor may submit a signed affidavit attesting that the

 

 

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1original submission of its financial disclosures and potential
2conflicts of interests has not been altered or changed. The
3form and content of the affidavit shall be prescribed by the
4applicable chief procurement officer.
5(Source: P.A. 101-657, eff. 1-1-22.)
 
6    (30 ILCS 500/50-90 new)
7    Sec. 50-90. Certifications. All contracts under this Code
8with an annual value that exceeds $50,000 annually shall be
9accompanied by Standard Illinois Certifications in a form
10prescribed by each chief procurement officer.
 
11    (30 ILCS 500/55-25 new)
12    Sec. 55-25. State Procurement Task Force.
13    (a) There is hereby created the State Procurement Task
14Force.
15    (b) The task force shall survey the State procurement
16process and make recommendations to: (i) ensure that the
17process is equitable and efficient; (ii) provide departments
18with the flexibility needed to be successful; (iii) change the
19current structure of the procurement process; (iv) update the
20process to reflect modern procurement methods; (v) increase
21women-owned and minority-owned business participation; (vi)
22increase participation by Illinois vendors; and (vii) reduce
23costs and increase efficiency of State procurements.
24    (c) The task force shall consist of the following members:

 

 

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1        (1) 4 members of the House of Representatives,
2    appointed by the Speaker of the House of Representatives;
3        (2) 4 members of the Senate, appointed by the
4    President of the Senate;
5        (3) 3 members of the House of Representatives,
6    appointed by the Minority Leader of the House of
7    Representatives;
8        (4) 3 members of the Senate, appointed by the Minority
9    Leader of the Senate;
10        (5) 1 member representing State institutions of higher
11    education, appointed by the President of the Senate;
12        (6) 1 member representing State institutions of higher
13    education, appointed by the Speaker of the House of
14    Representatives;
15        (7) 5 members representing vendors, with one each
16    appointed by the Governor, the Speaker of the House of
17    Representatives, the President of the Senate, the Minority
18    Leader of the House of Representatives, and the Minority
19    Leader of the Senate;
20        (8) 5 members of the public representing women-owned
21    and minority-owned businesses, with one each appointed by
22    the Governor, the Speaker of the House of Representatives,
23    the President of the Senate, the Minority Leader of the
24    House of Representatives, and the Minority Leader of the
25    Senate;
26        (9) 1 member from the Department of Central Management

 

 

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1    Services, appointed by the Governor;
2        (10) 1 member from the Department of Transportation,
3    appointed by the Governor;
4        (11) 1 member from the Department of Information and
5    Technology, appointed by the Governor;
6        (12) 1 Chief Procurement Officer, appointed by the
7    Governor; and
8        (13) the Chairperson of the Commission on Equity and
9    Inclusion, who shall serve as Chair of the Task Force.
10    (d) Members of the task force shall serve without
11compensation for the duration of the task force.
12    (e) As soon as practicable after all members have been
13appointed, the task force shall hold its first meeting. The
14task force shall hold at least 7 meetings.
15    (f) The Department of Central Management Services shall
16provide administrative and other support to the task force.
17    (g) The task force shall from time to time submit reports
18of its findings and recommendations on its survey of State
19procurement processes to the Governor and the General
20Assembly. By November 1, 2022, the task force shall submit a
21report to the Governor and General Assembly reporting findings
22and recommendations specifically including any proposed
23recommendations to: (i) alter the current structure and number
24of Chief Procurement Officers; (ii) enact or modify cure
25periods in the Procurement Code that allow a potentially
26successful vendor to correct technical deficiencies in the

 

 

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1vendor's bid; (iii) enact measures that increase efficiency,
2modernization, or reduce costs within the procurement system;
3and (iv) increase women-owned and minority-owned business
4participation. On or before January 1, 2024, the task force
5shall submit a report of its findings and recommendations on
6its survey of State procurement processes to the Governor and
7the General Assembly.
8    (h) This Section is repealed on January 1, 2025.
 
9    Section 10. The Procurement of Domestic Products Act is
10amended by changing Sections 5, 10, and 25 and by adding
11Sections 3 and 35 as follows:
 
12    (30 ILCS 517/3 new)
13    Sec. 3. Policy. It is hereby declared to be the public
14policy of the State of Illinois for each purchasing agency to
15use the terms and conditions of State financial assistance
16awards and State procurements to maximize the use of goods,
17products, and materials produced in Illinois.
 
18    (30 ILCS 517/5)
19    Sec. 5. Definitions. As used in this Act:
20    "Manufactured in Illinois" means, in the case of assembled
21articles, materials, or supplies, having been designed,
22finally assembled, processed, packaged, tested, or otherwise
23processed in Illinois in a manner that adds value, quality, or

 

 

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1reliability.
2    "Manufactured in the United States" means, in the case of
3assembled articles, materials, or supplies, that design, final
4assembly, processing, packaging, testing, or other process
5that adds value, quality, or reliability occurs in the United
6States.
7    "Procured products" means assembled articles, materials,
8or supplies purchased by a State agency.
9    "Purchasing agency" has the meaning ascribed to that term
10in Section 1-15.70 of the Illinois Procurement Code means a
11State agency.
12    "State agency" has the meaning ascribed to that term in
13Section 1-15.100 of the Illinois Procurement Code means each
14agency, department, authority, board, or commission of the
15executive branch of State government, including each
16university, whether created by statute or by executive order
17of the Governor.
18    "United States" means the United States and any place
19subject to the jurisdiction of the United States.
20(Source: P.A. 98-463, eff. 8-16-13.)
 
21    (30 ILCS 517/10)
22    Sec. 10. Domestic United States products.
23    (a) Each purchasing agency making purchases of procured
24products shall promote the purchase of and give preference to
25manufactured articles, materials, and supplies that have been

 

 

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1manufactured in the United States. Procured products
2manufactured in the United States shall be specified and
3purchased unless the purchasing agency determines that any of
4the following applies:
5        (1) The procured products are not manufactured in the
6    United States in reasonably available quantities.
7        (2) The price of the procured products manufactured in
8    the United States exceeds by an unreasonable amount the
9    price of available and comparable procured products
10    manufactured outside of the United States by 12% or more.
11        (3) The quality of the procured products manufactured
12    in the United States is substantially less than the
13    quality of the comparably priced, available, and
14    comparable procured products manufactured outside of the
15    United States.
16        (4) The purchase of the procured products manufactured
17    outside of the United States better serves the public
18    interest by helping to protect or save life, property, or
19    the environment.
20        (5) The purchase of the procured products is made in
21    conjunction with contracts or offerings of
22    telecommunications, fire suppression, security systems,
23    communications services, Internet services, or information
24    services.
25        (6) The purchase is of pharmaceutical products, drugs,
26    biologics, vaccines, medical devices used to provide

 

 

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1    medical and health care or treat disease or used in
2    medical or research diagnostic tests, and medical
3    nutritionals regulated by the Food and Drug Administration
4    under the federal Food, Drug and Cosmetic Act.
5        (7) The purchase is an emergency purchase authorized
6    under Section 20-30 of the Illinois Procurement Code.
7        (8) The purchase is a sole source or sole economically
8    feasible source purchase authorized under Section 20-25 of
9    the Illinois Procurement Code.
10    (b) If there is a tie between 2 bidders or offerors who
11have certified that they will provide products manufactured in
12the United States, the bidder or offeror that certifies it
13will provide products manufactured in Illinois shall be given
14preference.
15    (c) In determining the price of procured products for
16purposes of this Section, consideration shall be given to the
17life-cycle cost, including maintenance and repair of those
18procured products.
19(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
 
20    (30 ILCS 517/25)
21    Sec. 25. Penalties. If a contractor is awarded a contract
22through the use of a preference under this Act and knowingly
23supplies procured products under that contract that are not
24manufactured in Illinois or the United States, as applicable,
25then (i) the contractor is barred from obtaining any State

 

 

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1contract for a period of 5 years after the violation is
2discovered by the purchasing agency, (ii) the purchasing
3agency may void the contract, and (iii) the purchasing agency
4may recover damages in a civil action in an amount 3 times the
5value of the preference.
6(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
 
7    (30 ILCS 517/35 new)
8    Sec. 35. Compliance reports. Beginning within 180 days
9after the effective date of this amendatory Act of the 102nd
10General Assembly, and annually thereafter, each purchasing
11agency shall submit to the chief procurement officer a report
12on: (i) the purchasing agency's compliance with the Act,
13including details on any incidents of noncompliance; (ii) the
14purchasing agency's analysis of goods, products, and materials
15not subject to the Act, including details of any procured
16products purchased under an exception listed in subsection (a)
17of Section 10; and (iii) any recommendations for how to
18further effectuate the policy set forth in this Act.
 
19    Section 15. The Business Enterprise for Minorities, Women,
20and Persons with Disabilities Act is amended by changing
21Section 5 as follows:
 
22    (30 ILCS 575/5)  (from Ch. 127, par. 132.605)
23    (Section scheduled to be repealed on June 30, 2024)

 

 

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1    Sec. 5. Business Enterprise Council.
2    (1) To help implement, monitor, and enforce the goals of
3this Act, there is created the Business Enterprise Council for
4Minorities, Women, and Persons with Disabilities, hereinafter
5referred to as the Council, composed of the Chairperson of the
6Commission on Equity and Inclusion, the Secretary of Human
7Services and the Directors of the Department of Human Rights,
8the Department of Commerce and Economic Opportunity, the
9Department of Central Management Services, the Department of
10Transportation and the Capital Development Board, or their
11duly appointed representatives, with the Comptroller, or his
12or her designee, serving as an advisory member of the Council.
13Ten individuals representing businesses that are
14minority-owned, women-owned, or owned by persons with
15disabilities, 2 individuals representing the business
16community, and a representative of public institutions of
17higher education shall be appointed by the Governor. These
18members shall serve 2-year terms and shall be eligible for
19reappointment. Any vacancy occurring on the Council shall also
20be filled by the Governor. Any member appointed to fill a
21vacancy occurring prior to the expiration of the term for
22which his or her predecessor was appointed shall be appointed
23for the remainder of such term. Members of the Council shall
24serve without compensation but shall be reimbursed for any
25ordinary and necessary expenses incurred in the performance of
26their duties.

 

 

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1    The Chairperson of the Commission shall serve as the
2Council chairperson and shall select, subject to approval of
3the Council, a Secretary responsible for the operation of the
4program who shall serve as the Division Manager of the
5Business Enterprise for Minorities, Women, and Persons with
6Disabilities Division of the Commission on Equity and
7Inclusion.
8    The Director of each State agency and the chief executive
9officer of each public institution of higher education shall
10appoint a liaison to the Council. The liaison shall be
11responsible for submitting to the Council any reports and
12documents necessary under this Act.
13    (2) The Council's authority and responsibility shall be
14to:
15        (a) Devise a certification procedure to assure that
16    businesses taking advantage of this Act are legitimately
17    classified as businesses owned by minorities, women, or
18    persons with disabilities and a registration procedure to
19    recognize, without additional evidence of Business
20    Enterprise Program eligibility, the certification of
21    businesses owned by minorities, women, or persons with
22    disabilities certified by the City of Chicago, Cook
23    County, or other jurisdictional programs with requirements
24    and procedures equaling or exceeding those in this Act.
25        (b) Maintain a list of all businesses legitimately
26    classified as businesses owned by minorities, women, or

 

 

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1    persons with disabilities to provide to State agencies and
2    public institutions of higher education.
3        (c) Review rules and regulations for the
4    implementation of the program for businesses owned by
5    minorities, women, and persons with disabilities.
6        (d) Review compliance plans submitted by each State
7    agency and public institution of higher education pursuant
8    to this Act.
9        (e) Make annual reports as provided in Section 8f to
10    the Governor and the General Assembly on the status of the
11    program.
12        (f) Serve as a central clearinghouse for information
13    on State contracts, including the maintenance of a list of
14    all pending State contracts upon which businesses owned by
15    minorities, women, and persons with disabilities may bid.
16    At the Council's discretion, maintenance of the list may
17    include 24-hour electronic access to the list along with
18    the bid and application information.
19        (g) Establish a toll-free telephone number to
20    facilitate information requests concerning the
21    certification process and pending contracts.
22        (h) Adopt a procedure to grant automatic certification
23    to businesses holding a certification from at least one of
24    the following entities: (i) the Illinois Unified
25    Certification Program; (ii) the Women's Business
26    Development Center in Chicago; (iii) the Chicago Minority

 

 

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1    Supplier Development Council; or (iv) any other similar
2    entity offering such certification to businesses.
3        (i) Develop and maintain a repository for
4    non-certified vendors that: (i) have applied for
5    certification and have been denied; (ii) have started, but
6    not completed, the certification process; (iii) have
7    achieved certification, but did not seek renewal; or (iv)
8    are known businesses owned by minorities, women, or
9    persons with disabilities.
10    (3) No premium bond rate of a surety company for a bond
11required of a business owned by a minority, woman, or person
12with a disability bidding for a State contract shall be higher
13than the lowest rate charged by that surety company for a
14similar bond in the same classification of work that would be
15written for a business not owned by a minority, woman, or
16person with a disability.
17    (4) Any Council member who has direct financial or
18personal interest in any measure pending before the Council
19shall disclose this fact to the Council and refrain from
20participating in the determination upon such measure.
21    (5) The Secretary shall have the following duties and
22responsibilities:
23        (a) To be responsible for the day-to-day operation of
24    the Council.
25        (b) To serve as a coordinator for all of the State's
26    programs for businesses owned by minorities, women, and

 

 

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1    persons with disabilities and as the information and
2    referral center for all State initiatives for businesses
3    owned by minorities, women, and persons with disabilities.
4        (c) To establish an enforcement procedure whereby the
5    Council may recommend to the appropriate State legal
6    officer that the State exercise its legal remedies which
7    shall include (1) termination of the contract involved,
8    (2) prohibition of participation by the respondent in
9    public contracts for a period not to exceed 3 years, (3)
10    imposition of a penalty not to exceed any profit acquired
11    as a result of violation, or (4) any combination thereof.
12    Such procedures shall require prior approval by Council.
13    All funds collected as penalties under this subsection
14    shall be used exclusively for maintenance and further
15    development of the Business Enterprise Program and
16    encouragement of participation in State procurement by
17    minorities, women, and persons with disabilities.
18        (d) To devise appropriate policies, regulations, and
19    procedures for including participation by businesses owned
20    by minorities, women, and persons with disabilities as
21    prime contractors, including, but not limited to: (i)
22    encouraging the inclusions of qualified businesses owned
23    by minorities, women, and persons with disabilities on
24    solicitation lists, (ii) investigating the potential of
25    blanket bonding programs for small construction jobs, and
26    (iii) investigating and making recommendations concerning

 

 

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1    the use of the sheltered market process.
2        (e) To devise procedures for the waiver of the
3    participation goals in appropriate circumstances.
4        (f) To accept donations and, with the approval of the
5    Council or the Chairperson of the Commission on Equity and
6    Inclusion, grants related to the purposes of this Act; to
7    conduct seminars related to the purpose of this Act and to
8    charge reasonable registration fees; and to sell
9    directories, vendor lists, and other such information to
10    interested parties, except that forms necessary to become
11    eligible for the program shall be provided free of charge
12    to a business or individual applying for the Business
13    Enterprise Program.
14(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
15102-29, eff. 6-25-21; 102-558, eff. 8-20-21.)
 
16    Section 20. The Illinois Human Rights Act is amended by
17changing Section 2-105 as follows:
 
18    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
19    Sec. 2-105. Equal Employment Opportunities; Affirmative
20Action.
21    (A) Public Contracts. Every party to a public contract and
22every eligible bidder shall:
23        (1) Refrain from unlawful discrimination and
24    discrimination based on citizenship status in employment

 

 

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1    and undertake affirmative action to assure equality of
2    employment opportunity and eliminate the effects of past
3    discrimination;
4        (2) Comply with the procedures and requirements of the
5    Department's regulations concerning equal employment
6    opportunities and affirmative action;
7        (3) Provide such information, with respect to its
8    employees and applicants for employment, and assistance as
9    the Department may reasonably request;
10        (4) Have written sexual harassment policies that shall
11    include, at a minimum, the following information: (i) the
12    illegality of sexual harassment; (ii) the definition of
13    sexual harassment under State law; (iii) a description of
14    sexual harassment, utilizing examples; (iv) the vendor's
15    internal complaint process including penalties; (v) the
16    legal recourse, investigative, and complaint process
17    available through the Department and the Commission; (vi)
18    directions on how to contact the Department and
19    Commission; and (vii) protection against retaliation as
20    provided by Sections 6-101 and 6-101.5 of this Act. A copy
21    of the policies shall be provided to the Department upon
22    request. Additionally, each bidder who submits a bid or
23    offer for a State contract under the Illinois Procurement
24    Code shall have a written copy of the bidder's sexual
25    harassment policy as required under this paragraph (4). A
26    copy of the policy shall be provided to the State agency

 

 

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1    entering into the contract upon request.
2    The Department, by rule, shall establish a reasonable
3opportunity to cure any noncompliance with this subsection by
4a bidder prior to the awarding of a contract.
5    (B) State Agencies. Every State executive department,
6State agency, board, commission, and instrumentality shall:
7        (1) Comply with the procedures and requirements of the
8    Department's regulations concerning equal employment
9    opportunities and affirmative action. ;
10        (2) Provide such information and assistance as the
11    Department may request.
12        (3) Establish, maintain, and carry out a continuing
13    affirmative action plan consistent with this Act and the
14    regulations of the Department designed to promote equal
15    opportunity for all State residents in every aspect of
16    agency personnel policy and practice. For purposes of
17    these affirmative action plans, the race and national
18    origin categories to be included in the plans are:
19    American Indian or Alaska Native, Asian, Black or African
20    American, Hispanic or Latino, Native Hawaiian or Other
21    Pacific Islander.
22        This plan shall include a current detailed status
23    report:
24            (a) indicating, by each position in State service,
25        the number, percentage, and average salary of
26        individuals employed by race, national origin, sex and

 

 

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1        disability, and any other category that the Department
2        may require by rule;
3            (b) identifying all positions in which the
4        percentage of the people employed by race, national
5        origin, sex and disability, and any other category
6        that the Department may require by rule, is less than
7        four-fifths of the percentage of each of those
8        components in the State work force;
9            (c) specifying the goals and methods for
10        increasing the percentage by race, national origin,
11        sex, and disability, and any other category that the
12        Department may require by rule, in State positions;
13            (d) indicating progress and problems toward
14        meeting equal employment opportunity goals, including,
15        if applicable, but not limited to, Department of
16        Central Management Services recruitment efforts,
17        publicity, promotions, and use of options designating
18        positions by linguistic abilities;
19            (e) establishing a numerical hiring goal for the
20        employment of qualified persons with disabilities in
21        the agency as a whole, to be based on the proportion of
22        people with work disabilities in the Illinois labor
23        force as reflected in the most recent employment data
24        made available by the United States Census Bureau.
25        (4) If the agency has 1000 or more employees, appoint
26    a full-time Equal Employment Opportunity officer, subject

 

 

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1    to the Department's approval, whose duties shall include:
2            (a) Advising the head of the particular State
3        agency with respect to the preparation of equal
4        employment opportunity programs, procedures,
5        regulations, reports, and the agency's affirmative
6        action plan.
7            (b) Evaluating in writing each fiscal year the
8        sufficiency of the total agency program for equal
9        employment opportunity and reporting thereon to the
10        head of the agency with recommendations as to any
11        improvement or correction in recruiting, hiring or
12        promotion needed, including remedial or disciplinary
13        action with respect to managerial or supervisory
14        employees who have failed to cooperate fully or who
15        are in violation of the program.
16            (c) Making changes in recruitment, training and
17        promotion programs and in hiring and promotion
18        procedures designed to eliminate discriminatory
19        practices when authorized.
20            (d) Evaluating tests, employment policies,
21        practices, and qualifications and reporting to the
22        head of the agency and to the Department any policies,
23        practices and qualifications that have unequal impact
24        by race, national origin as required by Department
25        rule, sex, or disability or any other category that
26        the Department may require by rule, and to assist in

 

 

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1        the recruitment of people in underrepresented
2        classifications. This function shall be performed in
3        cooperation with the State Department of Central
4        Management Services.
5            (e) Making any aggrieved employee or applicant for
6        employment aware of his or her remedies under this
7        Act.
8            In any meeting, investigation, negotiation,
9        conference, or other proceeding between a State
10        employee and an Equal Employment Opportunity officer,
11        a State employee (1) who is not covered by a collective
12        bargaining agreement and (2) who is the complaining
13        party or the subject of such proceeding may be
14        accompanied, advised and represented by (1) an
15        attorney licensed to practice law in the State of
16        Illinois or (2) a representative of an employee
17        organization whose membership is composed of employees
18        of the State and of which the employee is a member. A
19        representative of an employee, other than an attorney,
20        may observe but may not actively participate, or
21        advise the State employee during the course of such
22        meeting, investigation, negotiation, conference, or
23        other proceeding. Nothing in this Section shall be
24        construed to permit any person who is not licensed to
25        practice law in Illinois to deliver any legal services
26        or otherwise engage in any activities that would

 

 

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1        constitute the unauthorized practice of law. Any
2        representative of an employee who is present with the
3        consent of the employee, shall not, during or after
4        termination of the relationship permitted by this
5        Section with the State employee, use or reveal any
6        information obtained during the course of the meeting,
7        investigation, negotiation, conference, or other
8        proceeding without the consent of the complaining
9        party and any State employee who is the subject of the
10        proceeding and pursuant to rules and regulations
11        governing confidentiality of such information as
12        promulgated by the appropriate State agency.
13        Intentional or reckless disclosure of information in
14        violation of these confidentiality requirements shall
15        constitute a Class B misdemeanor.
16        (5) Establish, maintain, and carry out a continuing
17    sexual harassment program that shall include the
18    following:
19            (a) Develop a written sexual harassment policy
20        that includes at a minimum the following information:
21        (i) the illegality of sexual harassment; (ii) the
22        definition of sexual harassment under State law; (iii)
23        a description of sexual harassment, utilizing
24        examples; (iv) the agency's internal complaint process
25        including penalties; (v) the legal recourse,
26        investigative, and complaint process available through

 

 

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1        the Department and the Commission; (vi) directions on
2        how to contact the Department and Commission; and
3        (vii) protection against retaliation as provided by
4        Section 6-101 of this Act. The policy shall be
5        reviewed annually.
6            (b) Post in a prominent and accessible location
7        and distribute in a manner to assure notice to all
8        agency employees without exception the agency's sexual
9        harassment policy. Such documents may meet, but shall
10        not exceed, the 6th grade literacy level. Distribution
11        shall be effectuated within 90 days of the effective
12        date of this amendatory Act of 1992 and shall occur
13        annually thereafter.
14            (c) Provide training on sexual harassment
15        prevention and the agency's sexual harassment policy
16        as a component of all ongoing or new employee training
17        programs.
18        (6) Notify the Department 30 days before effecting any
19    layoff. Once notice is given, the following shall occur:
20            (a) No layoff may be effective earlier than 10
21        working days after notice to the Department, unless an
22        emergency layoff situation exists.
23            (b) The State executive department, State agency,
24        board, commission, or instrumentality in which the
25        layoffs are to occur must notify each employee
26        targeted for layoff, the employee's union

 

 

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1        representative (if applicable), and the State
2        Dislocated Worker Unit at the Department of Commerce
3        and Economic Opportunity.
4            (c) The State executive department, State agency,
5        board, commission, or instrumentality in which the
6        layoffs are to occur must conform to applicable
7        collective bargaining agreements.
8            (d) The State executive department, State agency,
9        board, commission, or instrumentality in which the
10        layoffs are to occur should notify each employee
11        targeted for layoff that transitional assistance may
12        be available to him or her under the Economic
13        Dislocation and Worker Adjustment Assistance Act
14        administered by the Department of Commerce and
15        Economic Opportunity. Failure to give such notice
16        shall not invalidate the layoff or postpone its
17        effective date.
18     As used in this subsection (B), "disability" shall be
19defined in rules promulgated under the Illinois Administrative
20Procedure Act.
21    (C) Civil Rights Violations. It is a civil rights
22violation for any public contractor or eligible bidder to:
23        (1) fail to comply with the public contractor's or
24    eligible bidder's duty to refrain from unlawful
25    discrimination and discrimination based on citizenship
26    status in employment under subsection (A)(1) of this

 

 

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1    Section; or
2        (2) fail to comply with the public contractor's or
3    eligible bidder's duties of affirmative action under
4    subsection (A) of this Section, provided however, that the
5    Department has notified the public contractor or eligible
6    bidder in writing by certified mail that the public
7    contractor or eligible bidder may not be in compliance
8    with affirmative action requirements of subsection (A). A
9    minimum of 60 days to comply with the requirements shall
10    be afforded to the public contractor or eligible bidder
11    before the Department may issue formal notice of
12    non-compliance.
13    (D) As used in this Section:
14        (1) "American Indian or Alaska Native" means a person
15    having origins in any of the original peoples of North and
16    South America, including Central America, and who
17    maintains tribal affiliation or community attachment.
18        (2) "Asian" means a person having origins in any of
19    the original peoples of the Far East, Southeast Asia, or
20    the Indian subcontinent, including, but not limited to,
21    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
22    the Philippine Islands, Thailand, and Vietnam.
23        (3) "Black or African American" means a person having
24    origins in any of the black racial groups of Africa.
25        (4) "Hispanic or Latino" means a person of Cuban,
26    Mexican, Puerto Rican, South or Central American, or other

 

 

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1    Spanish culture or origin, regardless of race.
2        (5) "Native Hawaiian or Other Pacific Islander" means
3    a person having origins in any of the original peoples of
4    Hawaii, Guam, Samoa, or other Pacific Islands.
5(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22;
6revised 9-22-21.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2023, except that this Section and the changes made to
9Sections 1-13 and 55-25 of the Illinois Procurement Code take
10effect upon becoming law.".