HB5511 Enrolled LRB103 38791 MXP 68928 b
1		AN ACT concerning finance.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		ARTICLE 1.
5		Section 1-1. Short title. This Article may be cited as the
6		Progressive Design-Build Pilot Program Act. References in this
7		Article to "this Act" mean this Article.
8		Section 1-5. Legislative policy. It is the intent of the
9		General Assembly that the State construction agency shall
10		establish a Progressive Design-Build Pilot Program to use the
11		progressive design-build delivery method for up to 3 public
12		projects commencing prior to January 1, 2027 if it is shown to
13		be in the State's best interest for that particular project.
14		It shall be the policy of the State construction agency in the
15		procurement of progressive design-build services to publicly
16		announce all requirements for progressive design-build
17		services and to procure these services on the basis of
18		demonstrated competence and qualifications and with due regard
19		for the principles of competitive selection.
20		The State construction agency shall, prior to issuing
21		requests for qualifications, publish procedures for the
22		solicitation and award of contracts pursuant to this Act.

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1		The State construction agency shall, for each public
2		project or projects permitted under this Act, make a written
3		determination, including a description as to the particular
4		advantages of the progressive design-build procurement method,
5		that it is in the best interests of this State to enter into a
6		progressive design-build contract for the project or projects.
7		In making that determination, the following factors shall be
8		considered:
9		(1) The probability that the progressive design-build
10		procurement method will be in the best interests of the
11		State by providing a material savings of time or cost over
12		the design-bid-build or other delivery system.
13		(2) The type and size of the project and its
14		suitability to the progressive design-build procurement
15		method.
16		(3) The ability of the State construction agency to
17		define and provide comprehensive scope and performance
18		criteria for the project.
19		No State construction agency may use the progressive
20		design-build procurement method unless the agency determines
21		in writing that the project will comply with the disadvantaged
22		business and equal employment practices of the State as
23		established in the Business Enterprise for Minorities, Women,
24		and Persons with Disabilities Act and Section 2-105 of the
25		Illinois Human Rights Act.
26		The State construction agency shall within 15 days after

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1		the initial determination provide an advisory copy to the
2		Procurement Policy Board and maintain the full record of
3		determination for 5 years.
4		Section 1-10. Definitions. As used in this Act:
5		"Chief procurement office" means the offices to which the
6		chief procurement officers are appointed pursuant to Section
7		10-20 of the Illinois Procurement Code.
8		"Delivery system" means the design and construction
9		approach used to develop and construct a project.
10		"Design-bid-build" means the traditional delivery system
11		used on public projects in this State that incorporates the
12		Architectural, Engineering, and Land Surveying Qualifications
13		Based Selection Act and the principles of competitive
14		selection in the Illinois Procurement Code.
15		"Design professional" means any individual, sole
16		proprietorship, firm, partnership, joint venture, corporation,
17		professional corporation, or other entity that offers services
18		under the Illinois Architecture Practice Act of 1989, the
19		Professional Engineering Practice Act of 1989, the Structural
20		Engineering Practice Act of 1989, or the Illinois Professional
21		Land Surveyor Act of 1989.
22		"Evaluation criteria" means the requirements for the
23		selection process as defined in this Act and may include the
24		specialized experience, technical qualifications and
25		competence, capacity to perform, past performance, experience

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1		with similar projects, assignment of personnel to the project,
2		and other appropriate factors. Price may not be used as a
3		factor in the evaluation of progressive design-build.
4		"Progressive design-build" means a project delivery
5		process in which both the design and construction of a project
6		are procured from a single entity that is selected through a
7		qualifications-based selection at the earliest feasible stage
8		of the project.
9		"Progressive design-build contract" means a contract for a
10		public project under this Act between the State construction
11		agency and a progressive design-build entity to furnish
12		architecture, engineering, land surveying, and related
13		services as required, and to furnish the labor, materials,
14		equipment, and other construction services for the project. A
15		progressive design-build contract may be conditioned upon
16		subsequent refinements in scope and price and may allow the
17		State construction agency to make modifications in the project
18		scope without invalidating the progressive design-build
19		contract.
20		"Progressive design-build entity" means any individual,
21		sole proprietorship, firm, partnership, joint venture,
22		corporation, professional corporation, or other entity that
23		proposes to design and construct any public project under this
24		Act. A progressive design-build entity and associated
25		progressive design-build professionals shall conduct
26		themselves in accordance with the laws of this State and the

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1		related provisions of the Illinois Administrative Code, as
2		referenced by the licensed design professionals Acts of this
3		State.
4		"Qualification" means a statement of qualifications
5		submitted by a proposer in response to a request for
6		qualifications.
7		"Request for qualifications" means a document issued by
8		the State construction agency to solicit qualifications from
9		proposers in accordance with the progressive design-build
10		project delivery method.
11		"Scope and performance criteria" means the requirements
12		for the public project, including, but not limited to, the
13		intended usage, capacity, size, scope, quality and performance
14		standards, and other programmatic criteria that are expressed
15		in performance-oriented requirements that can be reasonably
16		inferred and are suited to allow a progressive design-build
17		entity to develop a proposal.
18		"State construction agency" means the Capital Development
19		Board.
20		Section 1-15. Requests for qualifications.
21		(a) When the State construction agency elects to use the
22		progressive design-build delivery method, it must issue a
23		notice of intent to receive requests for qualifications for
24		the project at least 14 days before issuing the request for
25		qualifications. The State construction agency must publish the

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1		advance notice in the official procurement bulletin of the
2		State or the professional services bulletin of the State
3		construction agency, if any. The agency is encouraged to use
4		publication of the notice in related construction industry
5		service publications. A brief description of the proposed
6		procurement must be included in the notice. The State
7		construction agency must provide a copy of the request for
8		qualifications to any party requesting a copy.
9		(b) The request for qualifications shall be prepared for
10		each project and must contain, without limitation, the
11		following information:
12		(1) The name of the State construction agency.
13		(2) A preliminary schedule for the completion of the
14		contract.
15		(3) The proposed budget for the project, the source of
16		funds, and the currently available funds at the time the
17		request for qualifications is submitted.
18		(4) Prequalification criteria for progressive
19		design-build entities wishing to submit proposals. The
20		State construction agency shall include, at a minimum, its
21		normal prequalification, licensing, registration, and
22		other requirements, but nothing contained herein precludes
23		the use of additional prequalification criteria by the
24		State construction agency.
25		(5) Material requirements of the contract, including,
26		but not limited to, the proposed terms and conditions,

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1		required performance and payment bonds, insurance, and the
2		entity's plan to comply with the utilization goals for
3		business enterprises established in the Business
4		Enterprise for Minorities, Women, and Persons with
5		Disabilities Act, and with Section 2-105 of the Illinois
6		Human Rights Act.
7		(6) The performance criteria.
8		(7) The evaluation criteria for the solicitation.
9		(c) The State construction agency may include any other
10		relevant information that it chooses to supply. The
11		progressive design-build entity shall be entitled to rely upon
12		the accuracy of this documentation in the development of its
13		qualifications.
14		(d) The date that qualifications are due must be at least
15		21 calendar days after the date of the issuance of the request
16		for qualifications. In the event the cost of the project is
17		estimated to exceed $10,000,000, then the qualifications due
18		date must be at least 28 calendar days after the date of the
19		issuance of the request for qualifications.
20		Section 1-20. Development of scope and performance
21		criteria. The State construction agency shall develop a
22		request for qualifications, which shall include preliminary
23		scopes, descriptions of the areas of technical expertise
24		needed, and requirements for experience. The request must be
25		in sufficient detail and contain adequate information to

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1		reasonably apprise the qualified progressive design-build
2		entities of the State construction agency's overall
3		programmatic needs and goals, including criteria, general
4		budget parameters, schedule, and delivery requirements.
5		Section 1-25. Selection committee.
6		(a) When the State construction agency elects to use the
7		progressive design-build delivery method, it shall establish a
8		committee to evaluate and select the progressive design-build
9		entity. The committee, under the discretion of the State
10		construction agency, shall consist of at least 5 but no more
11		than 7 members and shall include at least one licensed design
12		professional and 2 members of the public. Public members may
13		not be employed or associated with any firm holding a contract
14		with the State construction agency. Within 30 days of
15		receiving notice, one public member shall be nominated by
16		associations representing the general design or construction
17		industry and one member shall be nominated by associations
18		that represent minority or woman-owned design or construction
19		industry businesses. If either group fails to nominate a
20		suitable candidate within the 30-day period, the State
21		construction agency shall nominate an appropriate public
22		member.
23		(b) The members of the selection committee must certify
24		for each request for qualifications that no conflict of
25		interest exists between the members and the progressive

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1		design-build entities submitting qualifications.
2		If a conflict is discovered before qualifications are
3		reviewed, the member must be replaced before any review of
4		qualifications. If a conflict is discovered after
5		qualifications are reviewed, the member with the conflict
6		shall be removed and the committee may continue with only one
7		public member.
8		If at least 5 members remain, the remaining committee
9		members may complete the selection process.
10		Section 1-30. Procedures for selection.
11		(a) The State construction agency must use a 2-phase
12		procedure for the selection of the successful progressive
13		design-build entity. Phase I of the procedure will evaluate
14		and shortlist for interviews the progressive design-build
15		entities based on qualifications, and Phase II will evaluate
16		shortlisted teams based on scoring of specific criteria
17		addressed in their presentations and interviews.
18		(b) The State construction agency shall include in the
19		request for qualifications the evaluating factors to be used
20		in Phase I. These factors are in addition to any
21		prequalification requirements of progressive design-build
22		entities that the agency has set forth. Each request for
23		qualifications shall establish the relative importance
24		assigned to each evaluation factor and subfactor, including
25		any weighting of criteria to be employed by the State

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1		construction agency. The State construction agency must
2		maintain a record of the evaluation scoring to be disclosed in
3		event of a protest regarding the solicitation.
4		The State construction agency shall include the following
5		criteria in every Phase I evaluation of progressive
6		design-build entities: (1) experience of personnel; (2)
7		successful experience with similar project types; (3)
8		financial capability; (4) timeliness of past performance; (5)
9		experience with similarly sized projects; (6) successful
10		reference checks of the firm; (7) commitment to assign
11		personnel for the duration of the project and qualifications
12		of the entity's consultants; and (8) ability or past
13		performance in meeting or exhausting good faith efforts to
14		meet the utilization goals for business enterprises
15		established in the Business Enterprise for Minorities, Women,
16		and Persons with Disabilities Act and with Section 2-105 of
17		the Illinois Human Rights Act. The State construction agency
18		may include any additional relevant criteria in Phase I that
19		it deems necessary for a proper qualification review.
20		The State construction agency may not consider any
21		progressive design-build entity for evaluation or award if the
22		entity has any pecuniary interest in the project or has other
23		relationships or circumstances, including, but not limited to,
24		long-term leasehold, mutual performance, or development
25		contracts with the State construction agency, that may give
26		the progressive design-build entity a financial or tangible

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1		advantage over other progressive design-build entities in the
2		preparation, evaluation, or performance of the progressive
3		design-build contract or that create the appearance of
4		impropriety. No proposal shall be considered that does not
5		include an entity's plan to comply with the requirements
6		established in the Business Enterprise for Minorities, Women,
7		and Persons with Disabilities Act, for both the design and
8		construction areas of performance, and with Section 2-105 of
9		the Illinois Human Rights Act.
10		Upon completion of the qualifications evaluation, the
11		State construction agency shall create a shortlist of the most
12		highly qualified progressive design-build entities. The State
13		construction agency, in its discretion, is not required to
14		shortlist the maximum number of entities as identified for
15		Phase II evaluation, provided however, no less than 2
16		progressive design-build entities nor more than 6 are selected
17		to present to the selection committee in an interview.
18		The State construction agency shall notify the entities
19		selected for the shortlist in writing. This notification shall
20		commence the period for the preparation for presentations and
21		interviews. The State construction agency must allow
22		sufficient time, no less than 28 calendar days, for the
23		shortlist entities to prepare their presentations.
24		(c) The State construction agency shall include in the
25		project advertisement the evaluating factors to be used in the
26		presentations and interviews. Each request for qualifications

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1		shall establish the relative importance assigned to each
2		evaluation factor and subfactor, including any weighting of
3		criteria to be employed by the State construction agency. The
4		State construction agency must maintain a record of the
5		evaluation scoring to be disclosed in event of a protest
6		regarding the solicitation.
7		The State construction agency shall include the following
8		criteria in every Phase II evaluation of progressive
9		design-build entities: (1) experience with successful
10		completion of similar projects; (2) the design team's approach
11		to program analysis and schematic design; (3) record of budget
12		adherence on recently completed projects; (4) demonstration of
13		past innovation in meeting the scope and performance criteria
14		on past design-build projects; (5) completeness of the overall
15		project team; (6) collaborative experience of the team
16		members; and (7) their plan for achieving project goals for
17		participation. The State construction agency may include any
18		additional relevant technical evaluation factors it deems
19		necessary for proper selection.
20		Upon completion of the evaluation, the State construction
21		agency may award the progressive design-build contract to the
22		highest overall ranked entity. After qualifications have been
23		submitted, a progressive design-build entity shall not
24		replace, remove, or otherwise modify any firm identified as a
25		member of the proposer team unless authorized to do so by the
26		State construction agency.

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1		Section 1-40. Submission of qualifications. Qualifications
2		must be properly identified and sealed. Qualifications may not
3		be reviewed until after the deadline for submission has passed
4		as set forth in the request for qualifications. All
5		progressive design-build entities submitting qualifications
6		shall be disclosed after the deadline for submission, and all
7		progressive design-build entities who are shortlisted for
8		interviews shall also be disclosed at the time of that
9		determination.
10		Qualifications shall include representative projects to
11		demonstrate past experience of the team members on similar
12		progressive design-build projects. Qualifications shall
13		include a list of all design professionals and other entities
14		as defined in Section 30-30 of the Illinois Procurement Code
15		to which any work may be subcontracted during the performance
16		of the contract. Any entity that will perform any of the 5
17		subdivisions of work defined in Section 30-30 of the Illinois
18		Procurement Code must meet prequalification standards of the
19		State construction agency.
20		Qualifications must meet all material requirements of the
21		request for qualifications, or they may be rejected as
22		nonresponsive. The State construction agency shall have the
23		right to reject any and all qualifications.
24		The State construction agency shall review the
25		qualifications for compliance with the performance criteria

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1		and evaluation factors.
2		Qualifications may be withdrawn prior to evaluation for
3		any cause. After evaluation begins by the State construction
4		agency, clear and convincing evidence of error is required for
5		withdrawal.
6		Section 1-45. Award. The State construction agency may
7		award the contract to the highest overall ranked entity.
8		Notice of award shall be made in writing. Unsuccessful
9		entities shall also be notified in writing. The State
10		construction agency may not request a best and final offer
11		after the receipt of qualifications. The State construction
12		agency may negotiate with the selected progressive
13		design-build entity after award but prior to contract
14		execution for the purpose of securing better terms than
15		originally proposed, provided that the salient features of the
16		request for qualifications are not diminished.
17		Section 1-50. Labor.
18		(a) A contract or agreement under this Act shall require
19		the progressive design-build entity, or the construction
20		manager or general contractor of the progressive design-build
21		entity, and all subcontractors of the progressive design-build
22		entity to comply with Section 30-22 of the Illinois
23		Procurement Code as it applies to responsible bidders and to
24		present satisfactory evidence of that compliance to the State

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1		construction agency.
2		(b) A contract or agreement under this Act shall require
3		the progressive design-build entity or the construction
4		manager or general contractor of the progressive design-build
5		entity to enter into a project labor agreement used by the
6		State construction agency.
7		(c) This Section does not apply to construction-related
8		professional services. As used in this Section, "professional
9		services" means those services within the scope of the
10		practice of architecture, professional engineering, structural
11		engineering, or registered land surveying, as defined by the
12		laws of this State.
13		Section 1-55. Transition to design-bid-build. At the
14		completion of design development, the progressive design-build
15		entity must provide a firm fixed price. The State construction
16		agency reserves the right to transition the project to the
17		design-bid-build method if the fixed price exceeds the project
18		budget, the progressive design-build entity's proposed
19		schedule is unreasonable, or if transitioning to the
20		design-bid-build method is in the best interests of the State.
21		Section 1-60. Reports and evaluation. At the end of every
22		6-month period following the contract award, and again prior
23		to final contract payout and closure, a selected progressive
24		design-build entity shall detail, in a written report

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1		submitted to the State agency, its efforts and success in
2		implementing the entity's plan to comply with the utilization
3		goals for business enterprises established in the Business
4		Enterprise for Minorities, Women, and Persons with
5		Disabilities Act and the provisions of Section 2-105 of the
6		Illinois Human Rights Act. If the entity's performance in
7		implementing the plan falls short of the performance measures
8		and outcomes set forth in the plans submitted by the entity
9		during the qualifications process, the entity shall, in a
10		detailed written report, inform the General Assembly and the
11		Governor whether and to what degree each progressive
12		design-build contract authorized under this Act promoted the
13		utilization goals for business enterprises established in the
14		Business Enterprise for Minorities, Women, and Persons with
15		Disabilities Act and the provisions of Section 2-105 of the
16		Illinois Human Rights Act.
17		Section 1-65. Federal requirements. In the procurement of
18		progressive design-build contracts, the State construction
19		agency shall comply with federal law and regulations and take
20		all necessary steps to adapt their rules, policies, and
21		procedures to remain eligible for federal aid.
22		Section 1-70. Capital Development Board consultation. The
23		Capital Development Board shall consult with the applicable
24		chief procurement office to determine which procedures to

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1		adopt and apply to the progressive design-build project
2		delivery method in order to ensure an open, transparent, and
3		efficient process that accomplishes the purposes of this Act.
4		Section 1-75. Repeal. This Act is repealed on January 1,
5		2027.
6		ARTICLE 2.
7		Section 2-5. The Illinois Procurement Code is amended by
8		changing Sections 1-13, 10-20, 20-20, and 20-60 and by adding
9		Sections 20-180, 30-17, and 50-57 as follows:
10		(30 ILCS 500/1-13)
11		Sec. 1-13. Applicability to public institutions of higher
12		education.
13		(a) This Code shall apply to public institutions of higher
14		education, regardless of the source of the funds with which
15		contracts are paid, except as provided in this Section.
16		(b) Except as provided in this Section, this Code shall
17		not apply to procurements made by or on behalf of public
18		institutions of higher education for any of the following:
19		(1) Memberships in professional, academic, research,
20		or athletic organizations on behalf of a public
21		institution of higher education, an employee of a public
22		institution of higher education, or a student at a public

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1		institution of higher education.
2		(2) Procurement expenditures for events or activities
3		paid for exclusively by revenues generated by the event or
4		activity, gifts or donations for the event or activity,
5		private grants, or any combination thereof.
6		(3) Procurement expenditures for events or activities
7		for which the use of specific potential contractors is
8		mandated or identified by the sponsor of the event or
9		activity, provided that the sponsor is providing a
10		majority of the funding for the event or activity.
11		(4) Procurement expenditures necessary to provide
12		athletic, artistic or musical services, performances,
13		events, or productions by or for a public institution of
14		higher education.
15		(5) Procurement expenditures for periodicals, books,
16		subscriptions, database licenses, and other publications
17		procured for use by a university library or academic
18		department, except for expenditures related to procuring
19		textbooks for student use or materials for resale or
20		rental.
21		(6) Procurement expenditures for placement of students
22		in externships, practicums, field experiences, and for
23		medical residencies and rotations.
24		(7) Contracts for programming and broadcast license
25		rights for university-operated radio and television
26		stations.

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1		(8) Procurement expenditures necessary to perform
2		sponsored research and other sponsored activities under
3		grants and contracts funded by the sponsor or by sources
4		other than State appropriations.
5		(9) Contracts with a foreign entity for research or
6		educational activities, provided that the foreign entity
7		either does not maintain an office in the United States or
8		is the sole source of the service or product.
9		(10) Procurement expenditures for any ongoing software
10		license or maintenance agreement or competitively
11		solicited software purchase, when the software, license,
12		or maintenance agreement is available through only the
13		software creator or its manufacturer and not a reseller.
14		(11) Procurement expenditures incurred outside of the
15		United States for the recruitment of international
16		students.
17		(12) Procurement expenditures for contracts entered
18		into under the Public University Energy Conservation Act.
19		(13) Procurement expenditures for advertising
20		purchased directly from a media station or the owner of
21		the station for distribution of advertising.
22		Notice of each contract with an annual value of more than
23		$100,000 entered into by a public institution of higher
24		education that is related to the procurement of goods and
25		services identified in items (1) through (13) of this
26		subsection shall be published in the Procurement Bulletin

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1		within 14 calendar days after contract execution. The Chief
2		Procurement Officer shall prescribe the form and content of
3		the notice. Each public institution of higher education shall
4		provide the Chief Procurement Officer, on a monthly basis, in
5		the form and content prescribed by the Chief Procurement
6		Officer, a report of contracts that are related to the
7		procurement of goods and services identified in this
8		subsection. At a minimum, this report shall include the name
9		of the contractor, a description of the supply or service
10		provided, the total amount of the contract, the term of the
11		contract, and the exception to the Code utilized. A copy of any
12		or all of these contracts shall be made available to the Chief
13		Procurement Officer immediately upon request. The Chief
14		Procurement Officer shall submit a report to the Governor and
15		General Assembly no later than November 1 of each year that
16		shall include, at a minimum, an annual summary of the monthly
17		information reported to the Chief Procurement Officer.
18		(b-5) Except as provided in this subsection, the
19		provisions of this Code shall not apply to contracts for
20		medical supplies or to contracts for medical services
21		necessary for the delivery of care and treatment at medical,
22		dental, pharmaceutical, or veterinary teaching facilities used
23		by Southern Illinois University or the University of Illinois
24		or at any university-operated health care center or dispensary
25		that provides care, treatment, and medications for students,
26		faculty, and staff. Furthermore, the provisions of this Code

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1		do not apply to the procurement by such a facility of any
2		additional supplies or services that the operator of the
3		facility deems necessary for the effective use and functioning
4		of the medical supplies or services that are otherwise exempt
5		from this Code under this subsection (b-5), including, but not
6		limited to, procurements necessary for compliance and
7		management of federal programs. However, other supplies and
8		services needed for these teaching facilities shall be subject
9		to the jurisdiction of the Chief Procurement Officer for
10		Public Institutions of Higher Education who may establish
11		expedited procurement procedures and may waive or modify
12		certification, contract, hearing, process and registration
13		requirements required by this the Code. All procurements made
14		under this subsection shall be documented and may require
15		publication in the Illinois Procurement Bulletin.
16		(b-10) Procurements made by or on behalf of the University
17		of Illinois for investment services may be entered into or
18		renewed without being subject to the requirements of this
19		Code. Notice of intent to renew a contract shall be published
20		in the Illinois Public Higher Education Procurement Bulletin
21		at least 14 days prior to the execution of a renewal, and the
22		University of Illinois shall hold a public hearing for
23		interested parties to provide public comment. Any contract
24		extended, renewed, or entered pursuant to this exception shall
25		be published in the Illinois Public Higher Education
26		Procurement Bulletin within 5 days of contract execution.

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1		(c) Procurements made by or on behalf of public
2		institutions of higher education for the fulfillment of a
3		grant shall be made in accordance with the requirements of
4		this Code to the extent practical.
5		Upon the written request of a public institution of higher
6		education, the Chief Procurement Officer may waive contract,
7		registration, certification, and hearing requirements of this
8		Code if, based on the item to be procured or the terms of a
9		grant, compliance is impractical. The public institution of
10		higher education shall provide the Chief Procurement Officer
11		with specific reasons for the waiver, including the necessity
12		of contracting with a particular potential contractor, and
13		shall certify that an effort was made in good faith to comply
14		with the provisions of this Code. The Chief Procurement
15		Officer shall provide written justification for any waivers.
16		By November 1 of each year, the Chief Procurement Officer
17		shall file a report with the General Assembly identifying each
18		contract approved with waivers and providing the justification
19		given for any waivers for each of those contracts. Notice of
20		each waiver made under this subsection shall be published in
21		the Procurement Bulletin within 14 calendar days after
22		contract execution. The Chief Procurement Officer shall
23		prescribe the form and content of the notice.
24		(d) Notwithstanding this Section, a waiver of the
25		registration requirements of Section 20-160 does not permit a
26		business entity and any affiliated entities or affiliated

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1		persons to make campaign contributions if otherwise prohibited
2		by Section 50-37. The total amount of contracts awarded in
3		accordance with this Section shall be included in determining
4		the aggregate amount of contracts or pending bids of a
5		business entity and any affiliated entities or affiliated
6		persons.
7		(e) Notwithstanding subsection (e) of Section 50-10.5 of
8		this Code, the Chief Procurement Officer, with the approval of
9		the Executive Ethics Commission, may permit a public
10		institution of higher education to accept a bid or enter into a
11		contract with a business that assisted the public institution
12		of higher education in determining whether there is a need for
13		a contract or assisted in reviewing, drafting, or preparing
14		documents related to a bid or contract, provided that the bid
15		or contract is essential to research administered by the
16		public institution of higher education and it is in the best
17		interest of the public institution of higher education to
18		accept the bid or contract. For purposes of this subsection,
19		"business" includes all individuals with whom a business is
20		affiliated, including, but not limited to, any officer, agent,
21		employee, consultant, independent contractor, director,
22		partner, manager, or shareholder of a business. The Executive
23		Ethics Commission may promulgate rules and regulations for the
24		implementation and administration of the provisions of this
25		subsection (e).
26		(f) As used in this Section:

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1		"Grant" means non-appropriated funding provided by a
2		federal or private entity to support a project or program
3		administered by a public institution of higher education and
4		any non-appropriated funding provided to a sub-recipient of
5		the grant.
6		"Public institution of higher education" means Chicago
7		State University, Eastern Illinois University, Governors State
8		University, Illinois State University, Northeastern Illinois
9		University, Northern Illinois University, Southern Illinois
10		University, University of Illinois, Western Illinois
11		University, and, for purposes of this Code only, the Illinois
12		Mathematics and Science Academy.
13		(g) (Blank).
14		(h) The General Assembly finds and declares that:
15		(1) Public Act 98-1076, which took effect on January
16		1, 2015, changed the repeal date set for this Section from
17		December 31, 2014 to December 31, 2016.
18		(2) The Statute on Statutes sets forth general rules
19		on the repeal of statutes and the construction of multiple
20		amendments, but Section 1 of that Act also states that
21		these rules will not be observed when the result would be
22		"inconsistent with the manifest intent of the General
23		Assembly or repugnant to the context of the statute".
24		(3) This amendatory Act of the 100th General Assembly
25		manifests the intention of the General Assembly to remove
26		the repeal of this Section.

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1		(4) This Section was originally enacted to protect,
2		promote, and preserve the general welfare. Any
3		construction of this Section that results in the repeal of
4		this Section on December 31, 2014 would be inconsistent
5		with the manifest intent of the General Assembly and
6		repugnant to the context of this Code.
7		It is hereby declared to have been the intent of the
8		General Assembly that this Section not be subject to repeal on
9		December 31, 2014.
10		This Section shall be deemed to have been in continuous
11		effect since December 20, 2011 (the effective date of Public
12		Act 97-643), and it shall continue to be in effect
13		henceforward until it is otherwise lawfully repealed. All
14		previously enacted amendments to this Section taking effect on
15		or after December 31, 2014, are hereby validated.
16		All actions taken in reliance on or pursuant to this
17		Section by any public institution of higher education, person,
18		or entity are hereby validated.
19		In order to ensure the continuing effectiveness of this
20		Section, it is set forth in full and re-enacted by this
21		amendatory Act of the 100th General Assembly. This
22		re-enactment is intended as a continuation of this Section. It
23		is not intended to supersede any amendment to this Section
24		that is enacted by the 100th General Assembly.
25		In this amendatory Act of the 100th General Assembly, the
26		base text of the reenacted Section is set forth as amended by

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1		Public Act 98-1076. Striking and underscoring is used only to
2		show changes being made to the base text.
3		This Section applies to all procurements made on or before
4		the effective date of this amendatory Act of the 100th General
5		Assembly.
6		(Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22;
7		102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)
8		(30 ILCS 500/10-20)
9		Sec. 10-20. Independent chief procurement officers.
10		(a) Appointment. Within 60 calendar days after July 1,
11		2010 (the effective date of Public Act 96-795) this amendatory
12		Act of the 96th General Assembly, the Executive Ethics
13		Commission, with the advice and consent of the Senate shall
14		appoint or approve 4 chief procurement officers, one for each
15		of the following categories:
16		(1) for procurements for construction and
17		construction-related services committed by law to the
18		jurisdiction or responsibility of the Capital Development
19		Board;
20		(2) for procurements for all construction,
21		construction-related services, operation of any facility,
22		and the provision of any service or activity committed by
23		law to the jurisdiction or responsibility of the Illinois
24		Department of Transportation, including the direct or
25		reimbursable expenditure of all federal funds for which

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1		the Department of Transportation is responsible or
2		accountable for the use thereof in accordance with federal
3		law, regulation, or procedure, the chief procurement
4		officer recommended for approval under this item appointed
5		by the Secretary of Transportation after consent by the
6		Executive Ethics Commission;
7		(3) for all procurements made by a public institution
8		of higher education; and
9		(4) for all other procurement needs of State agencies.
10		The For fiscal year 2024, the Executive Ethics Commission
11		shall set aside from its appropriation those amounts necessary
12		for the use of the 4 chief procurement officers for the
13		ordinary and contingent expenses of their respective
14		procurement offices. From the amounts set aside by the
15		Commission, each chief procurement officer shall control the
16		internal operations of his or her procurement office and shall
17		procure the necessary equipment, materials, and services to
18		perform the duties of that office, including hiring necessary
19		procurement personnel, legal advisors, and other employees,
20		and may establish, in the exercise of the chief procurement
21		officer's discretion, the compensation of the office's
22		employees, which includes the State purchasing officers and
23		any legal advisors. The Executive Ethics Commission shall have
24		no control over the employees of the chief procurement
25		officers. The Executive Ethics Commission shall provide
26		administrative support services, including payroll, for each

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1		procurement office.
2		(b) Terms and independence. Each chief procurement officer
3		appointed under this Section shall serve for a term of 5 years
4		beginning on the date of the officer's appointment. The chief
5		procurement officer may be removed for cause after a hearing
6		by the Executive Ethics Commission. The Governor or the
7		director of a State agency directly responsible to the
8		Governor may institute a complaint against the officer by
9		filing such complaint with the Commission. The Commission
10		shall have a hearing based on the complaint. The officer and
11		the complainant shall receive reasonable notice of the hearing
12		and shall be permitted to present their respective arguments
13		on the complaint. After the hearing, the Commission shall make
14		a finding on the complaint and may take disciplinary action,
15		including but not limited to removal of the officer.
16		The salary of a chief procurement officer shall be
17		established by the Executive Ethics Commission and may not be
18		diminished during the officer's term. The salary may not
19		exceed the salary of the director of a State agency for which
20		the officer serves as chief procurement officer.
21		(c) Qualifications. In addition to any other requirement
22		or qualification required by State law, each chief procurement
23		officer must within 12 months of employment be a Certified
24		Professional Public Buyer or a Certified Public Purchasing
25		Officer, pursuant to certification by the Universal Public
26		Purchasing Certification Council, and must reside in Illinois.

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1		(d) Fiduciary duty. Each chief procurement officer owes a
2		fiduciary duty to the State.
3		(e) Vacancy. In case of a vacancy in one or more of the
4		offices of a chief procurement officer under this Section
5		during the recess of the Senate, the Executive Ethics
6		Commission shall make a temporary appointment until the next
7		meeting of the Senate, when the Executive Ethics Commission
8		shall nominate some person to fill the office, and any person
9		so nominated who is confirmed by the Senate shall hold office
10		during the remainder of the term and until his or her successor
11		is appointed and qualified. If the Senate is not in session at
12		the time Public Act 96-920 this amendatory Act of the 96th
13		General Assembly takes effect, the Executive Ethics Commission
14		shall make a temporary appointment as in the case of a vacancy.
15		(f) (Blank).
16		(g) (Blank).
17		(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
18		(30 ILCS 500/20-20)
19		Sec. 20-20. Small purchases.
20		(a) Amount. Any individual procurement of supplies or
21		services not exceeding $100,000 and any procurement of
22		construction not exceeding $100,000, or any individual
23		procurement of professional or artistic services not exceeding
24		$100,000 may be made without competitive source selection.
25		Procurements shall not be artificially divided so as to

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1		constitute a small purchase under this Section. Any
2		procurement of construction not exceeding $100,000 may be made
3		by an alternative competitive source selection. The
4		construction agency shall establish rules for an alternative
5		competitive source selection process. This Section does not
6		apply to construction-related professional services contracts
7		awarded in accordance with the provisions of the
8		Architectural, Engineering, and Land Surveying Qualifications
9		Based Selection Act.
10		(b) Adjustment. Each July 1, the small purchase maximum
11		established in subsection (a) shall be adjusted for inflation
12		as determined by the Consumer Price Index for All Urban
13		Consumers as determined by the United States Department of
14		Labor and rounded to the nearest $100.
15		(c) Based upon rules proposed by the Board and rules
16		promulgated by the chief procurement officers, the small
17		purchase maximum established in subsection (a) may be
18		modified.
19		(d) Certification. All small purchases with an annual
20		value that exceeds $50,000 shall be accompanied by Standard
21		Illinois Certifications in a form prescribed by each Chief
22		Procurement Officer.
23		(e) Cumulative small purchases. Cumulative small purchases
24		under $1,000 made in a previously non-contemplated manner by
25		the same or separate individuals or departments within an
26		agency or university that exceed the small purchase threshold

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1		do not constitute stringing and are allowable under this Code.
2		(Source: P.A. 102-721, eff. 1-1-23; 102-1115, eff. 1-23-23
3		(See Section 99-999 of P.A. 102-1115 for effective date of
4		P.A. 102-1115); 102-1119, eff. 1-23-23.)
5		(30 ILCS 500/20-60)
6		Sec. 20-60. Duration of contracts.
7		(a) Maximum duration. A contract may be entered into for
8		any period of time deemed to be in the best interests of the
9		State but not exceeding 10 years inclusive, beginning January
10		1, 2010, of proposed contract renewals; provided, however, in
11		connection with the issuance of certificates of participation
12		or bonds, the governing board of a public institution of
13		higher education may enter into contracts in excess of 10
14		years but not to exceed 30 years for the purpose of financing
15		or refinancing real or personal property. Third parties may
16		lease State-owned dark fiber networks for any period of time
17		deemed to be in the best interest of the State, but not
18		exceeding 20 years. The length of a lease for real property or
19		capital improvements shall be in accordance with the
20		provisions of Section 40-25. The length of energy conservation
21		program contracts or energy savings contracts or leases shall
22		be in accordance with the provisions of Section 25-45. A
23		contract for bond or mortgage insurance awarded by the
24		Illinois Housing Development Authority, however, may be
25		entered into for any period of time less than or equal to the

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1		maximum period of time that the subject bond or mortgage may
2		remain outstanding. Contracts may be entered into that extend
3		beyond the active term of the award, so long as the contract
4		was entered into prior to the award expiration date and does
5		not exceed 10 years.
6		(b) Subject to appropriation. All contracts made or
7		entered into shall recite that they are subject to termination
8		and cancellation in any year for which the General Assembly
9		fails to make an appropriation to make payments under the
10		terms of the contract.
11		(c) The chief procurement officer shall file a proposed
12		extension or renewal of a contract with the Procurement Policy
13		Board and the Commission on Equity and Inclusion prior to
14		entering into any extension or renewal if the cost associated
15		with the extension or renewal exceeds $249,999. The
16		Procurement Policy Board or the Commission on Equity and
17		Inclusion may object to the proposed extension or renewal
18		within 14 calendar days and require a hearing before the Board
19		or the Commission on Equity and Inclusion prior to entering
20		into the extension or renewal. If the Procurement Policy Board
21		or the Commission on Equity and Inclusion does not object
22		within 14 calendar days or takes affirmative action to
23		recommend the extension or renewal, the chief procurement
24		officer may enter into the extension or renewal of a contract.
25		This subsection does not apply to any emergency procurement,
26		any procurement under Article 40, or any procurement exempted

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

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

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1		determination to execute the renewal. The form and content of
2		the waiver shall be prescribed by each chief procurement
3		officer, but shall not impair a State agency or public
4		institution of higher education determination to execute the
5		renewal. The chief procurement officer shall post the
6		completed form on his or her official website within 5
7		business days after receipt from the State agency or public
8		institution of higher education. The chief procurement officer
9		shall maintain on his or her official website a database of
10		waivers granted under this Section with respect to contracts
11		under his or her jurisdiction. The database shall be updated
12		periodically and shall be searchable by contractor name and by
13		contracting State agency or public institution of higher
14		education.
15		(Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
16		103-570, eff. 1-1-24.)
17		(30 ILCS 500/20-180 new)
18		Sec. 20-180. Electronic procurement systems. Nothing in
19		this Code prohibits State agencies from accepting bids or
20		proposals for competitive solicitations submitted solely via
21		an electronic procurement system as long as the electronic
22		system integrates with that portfolio's procurement bulletin
23		and all other provisions of this Code are met. A State agency
24		may not adopt a rule that prohibits a State agency from
25		accepting bids or proposals for competitive solicitations

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1		submitted solely via an electronic procurement system as long
2		as the electronic procurement system integrates with that
3		portfolio's procurement bulletin and all other provisions of
4		this Code are met.
5		(30 ILCS 500/30-17 new)
6		Sec. 30-17. Job order contracting.
7		(a) In this Section:
8		"Indefinite quantity contract" means a contract for an
9		indefinite quantity of services for a fixed time or for a job
10		order contract.
11		"Job order contracting" means an indefinite quantity
12		contract pursuant to which a contractor may perform an ongoing
13		series of individual tasks at different facilities, locations,
14		and sites under the jurisdiction of a State construction
15		agency.
16		(b) Construction agencies may procure construction
17		contracts via job order contracting through the use of
18		competitive sealed bidding in accordance with Section 30-15.
19		(30 ILCS 500/50-57 new)
20		Sec. 50-57. Curability.
21		(a) If, during an active procurement, a violation or
22		deficiency of this Code, or of the procurement rules,
23		regulations, policies, or practices promulgated by a chief
24		procurement officer under this Code occurs, then, at the

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1		request of the State purchasing officer and agency head, the
2		chief procurement officer may determine that curing the
3		violation or deficiency is in the best interest of the State.
4		The request to cure shall be in writing and include a clear
5		description of the violation or deficiency. The State
6		purchasing officer and agency head shall request a cure only
7		when the integrity, transparency, and efficiency of the
8		procurement can be maintained. In making a determination, the
9		chief procurement officer shall consider the harm to
10		stakeholders and the value to the State in permitting the cure
11		and the seriousness of the violation or deficiency. The
12		determination shall be in writing and include the basis for
13		permitting or denying the request. If a cure is permitted, the
14		determination shall include a clear description of the action
15		necessary to cure the violation or deficiency.
16		(b) The chief procurement officer shall post all
17		determinations on his or her official website within 14 days
18		after completion of the procurement. The chief procurement
19		officer shall report to the Governor and General Assembly, by
20		no later than November 1 of each year, a summary of
21		determinations for the previous fiscal year. Permitting a cure
22		does not absolve any person, as defined in Section 1-15.55,
23		from any penalties in law. Each chief procurement officer may
24		adopt rules to implement and administer this Section.
25		Section 2-10. The State Property Control Act is amended by

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1		changing Section 7a as follows:
2		(30 ILCS 605/7a)
3		Sec. 7a. Surplus furniture. It is declared to be the
4		public policy of this State, and the General Assembly
5		determines, that it is in the best interest of the people of
6		this State to expend the least amount of funds possible on the
7		purchase of furniture.
8		Agencies that desire to purchase new furniture shall first
9		check with the administrator if any of the surplus furniture
10		under the administrator's control can be used in place of new
11		furniture. If an agency finds that it is unable to use the
12		surplus property, the agency may proceed with the new
13		furniture purchase. The the agency shall file annually, not
14		later than January 31 of the next year, a report an affidavit
15		with the administrator prior to any purchase, specifying the
16		types of new furniture purchased to be bought, the quantities
17		of each type of new furniture, the cost per type, and the total
18		cost per category. The report affidavit shall also clearly
19		state why the furniture was must be purchased new as opposed to
20		obtained from the administrator's surplus. The reports
21		affidavits shall be made available by the administrator for
22		public inspection and copying.
23		This Section applies only to the purchase of an item of
24		furniture with a purchase price of $1,500 $500 or more.
25		(Source: P.A. 88-515; 88-656, eff. 9-16-94.)

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1		Section 2-15. The Counties Code is amended by changing
2		Sections 5-1022 and 6-1003 as follows:
3		(55 ILCS 5/5-1022)
4		Sec. 5-1022. Competitive bids.
5		(a) Any purchase by a county with fewer than 2,000,000
6		inhabitants, or an elected official in a county with fewer
7		than 2,000,000 inhabitants, including an elected official with
8		control of the internal operations of the office, of services,
9		materials, equipment, or supplies in excess of $30,000, other
10		than professional services, shall be contracted for in one of
11		the following ways:
12		(1) by a contract let to the lowest responsible bidder
13		after advertising for bids in a newspaper published within
14		the county or, if no newspaper is published within the
15		county, then a newspaper having general circulation within
16		the county; or
17		(2) by a contract let without advertising for bids in
18		the case of an emergency if authorized by the county
19		board; or .
20		(3) by a contract let without advertising for bids in
21		the case of the expedited replacement of a disabled,
22		inoperable, or damaged patrol vehicle of the sheriff's
23		department if authorized by the county board.
24		(b) In determining the lowest responsible bidder, the

HB5511 Enrolled - 40 - LRB103 38791 MXP 68928 b
1		county board shall take into consideration the qualities of
2		the articles supplied; their conformity with the
3		specifications; their suitability to the requirements of the
4		county; the availability of support services; the uniqueness
5		of the service, materials, equipment, or supplies as it
6		applies to networked, integrated computer systems; the
7		compatibility to existing equipment; and the delivery terms.
8		In addition, the county board may take into consideration the
9		bidder's active participation in an applicable apprenticeship
10		program registered with the United States Department of Labor.
11		The county board also may take into consideration whether a
12		bidder is a private enterprise or a State-controlled
13		enterprise and, notwithstanding any other provision of this
14		Section or a lower bid by a State-controlled enterprise, may
15		let a contract to the lowest responsible bidder that is a
16		private enterprise.
17		(c) This Section does not apply to contracts by a county
18		with the federal government or to purchases of used equipment,
19		purchases at auction or similar transactions which by their
20		very nature are not suitable to competitive bids, pursuant to
21		an ordinance adopted by the county board.
22		(d) Notwithstanding the provisions of this Section, a
23		county may let without advertising for bids in the case of
24		purchases and contracts, when individual orders do not exceed
25		$35,000, for the use, purchase, delivery, movement, or
26		installation of data processing equipment, software, or

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1		services and telecommunications and inter-connect equipment,
2		software, and services.
3		(e) A county may require, as a condition of any contract
4		for goods and services, that persons awarded a contract with
5		the county and all affiliates of the person collect and remit
6		Illinois Use Tax on all sales of tangible personal property
7		into the State of Illinois in accordance with the provisions
8		of the Illinois Use Tax Act regardless of whether the person or
9		affiliate is a "retailer maintaining a place of business
10		within this State" as defined in Section 2 of the Use Tax Act.
11		For purposes of this subsection (e), the term "affiliate"
12		means any entity that (1) directly, indirectly, or
13		constructively controls another entity, (2) is directly,
14		indirectly, or constructively controlled by another entity, or
15		(3) is subject to the control of a common entity. For purposes
16		of this subsection (e), an entity controls another entity if
17		it owns, directly or individually, more than 10% of the voting
18		securities of that entity. As used in this subsection (e), the
19		term "voting security" means a security that (1) confers upon
20		the holder the right to vote for the election of members of the
21		board of directors or similar governing body of the business
22		or (2) is convertible into, or entitles the holder to receive
23		upon its exercise, a security that confers such a right to
24		vote. A general partnership interest is a voting security.
25		(f) Bids submitted to, and contracts executed by, the
26		county may require a certification by the bidder or contractor

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1		that the bidder or contractor is not barred from bidding for or
2		entering into a contract under this Section and that the
3		bidder or contractor acknowledges that the county may declare
4		the contract void if the certification completed pursuant to
5		this subsection (f) is false.
6		(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23;
7		revised 12-12-23.)
8		(55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)
9		Sec. 6-1003. Further appropriations barred; transfers.
10		After the adoption of the county budget, no further
11		appropriations shall be made at any other time during such
12		fiscal year, except as provided in this Division.
13		Appropriations in excess of those authorized by the budget in
14		order to meet an immediate emergency may be made at any meeting
15		of the board by a two-thirds vote of all the members
16		constituting such board, the vote to be taken by ayes and nays
17		and entered on the record of the meeting. After the adoption of
18		the county budget, transfers of appropriations may be made
19		without a vote of the board; however, transfers of
20		appropriations affecting personnel and capital may be made at
21		any meeting of the board by a two-thirds vote of all the
22		members constituting such board, the vote to be taken by ayes
23		and nays and entered on the record of the meeting, provided for
24		any type of transfer that the total amount appropriated for
25		the fund is not affected.

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1		This Section applies to all elected officials, including
2		elected officials with control of the internal operations of
3		their office.
4		(Source: P.A. 99-356, eff. 8-13-15; 99-642, eff. 7-28-16.)
5		ARTICLE 3.
6		Section 3-5. The Department of Natural Resources Act is
7		amended by changing Section 1-20 and by adding Section 1-50 as
8		follows:
9		(20 ILCS 801/1-20)
10		Sec. 1-20. Real property. The Department has the power:
11		(a) To transfer jurisdiction of any realty under the
12		control of the Department to any other Department of the State
13		Government, or to any authority, commission or other agency of
14		the State, and to acquire or accept federal lands, when such
15		transfer, acquisition or acceptance is advantageous to the
16		State and is approved in writing by the Governor.
17		(b) To lease, from time to time, any land or property, with
18		or without appurtenances, of which the Department has
19		jurisdiction, and which are not immediately to be used or
20		developed by the State; provided that no such lease be for a
21		longer period of time than that in which it can reasonably be
22		expected the State will not have use for such property, and
23		further provided that no such lease be for a longer period of

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1		time than 10 5 years.
2		(c) To lease any land or property over which the
3		Department has jurisdiction for the purpose of creating,
4		operating, or maintaining a commercial solar energy system, as
5		defined in Section 10-720 of the Property Tax Code, or a clean
6		energy project, as defined in the Department of Natural
7		Resources (Conservation) Law of the Civil Administrative Code
8		of Illinois. A lease under this subsection (c) shall not be for
9		a period longer than 40 years. The Department shall
10		competitively bid any project authorized pursuant to this
11		subsection (c) pursuant to the requirements of Section 20-15
12		and subsections (c) and (f) of Section 20-10 of the Illinois
13		Procurement Code. No person or business shall submit
14		specifications to the Department pursuant to this subsection
15		(c) unless requested to do so by an employee of the State. No
16		person or business who contracts with a State agency to write
17		specifications for any project pursuant to this subsection (c)
18		shall submit a bid or proposal, review or evaluate any
19		prospective proposals from the competitive bidding process, or
20		receive a contract for any project issued pursuant to this
21		subsection (c). If practical, the Department shall require
22		that any land or property over which the Department has
23		jurisdiction and that is used for the purpose of creating,
24		operating, or maintaining a commercial solar energy system
25		shall have implemented on it and maintained management
26		practices that would qualify the land or property as a

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1		beneficial habitat under the Pollinator-Friendly Solar Site
2		Act. The Department shall prioritize commercial solar energy
3		system sites based on their suitability and economic
4		feasibility for solar use. The Department shall then
5		prioritize commercial solar energy system sites with a
6		significant history of disturbance, such as former strip mines
7		or previously developed sites. The Department may consider any
8		land use that is lost from the installation of a commercial
9		solar energy system in making a determination regarding the
10		suitability of a site. At least 60 days before entering into a
11		lease for a commercial solar energy system under this
12		subsection (c), the Department shall post in the Illinois
13		Register and on the Department's website notice of the
14		Department's intent to enter into the lease and shall provide
15		a copy of the notice to a municipality if the leased area is
16		located within the borders of the municipality. The notice
17		shall include the specific location and size of the proposed
18		commercial solar energy system. The Department shall consider
19		and respond to all public comments regarding the posting that
20		are received by the Department within 30 days of the posting.
21		(Source: P.A. 89-445, eff. 2-7-96.)
22		(20 ILCS 801/1-50 new)
23		Sec. 1-50. Administrative rules. The Department of Natural
24		Resources may adopt rules necessary to carry out its duties
25		under this Act.

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1		Section 3-10. The Department of Natural Resources
2		(Conservation) Law of the Civil Administrative Code of
3		Illinois is amended by changing Sections 805-5, 805-230, and
4		805-235 and by adding Sections 805-280 and 805-580 as follows:
5		(20 ILCS 805/805-5)
6		Sec. 805-5. Definitions. In this Law:
7		"Clean energy" means energy that is generated, by design
8		or operation, in a manner that is substantially free of carbon
9		dioxide emissions or in a manner that otherwise contributes to
10		the reduction in emissions of environmentally hazardous
11		materials or reduces the volume of environmentally dangerous
12		materials.
13		"Clean energy project" means a project that is undertaken
14		to acquire, construct, refurbish, create, develop, or
15		redevelop any facility, equipment, machinery, or real or
16		personal property and that will aid, assist, or encourage the
17		development or implementation of clean energy in the State.
18		"Department" means the Department of Natural Resources.
19		"Director" means the Director of Natural Resources.
20		(Source: P.A. 91-239, eff. 1-1-00.)
21		(20 ILCS 805/805-230) (was 20 ILCS 805/63a18)
22		Sec. 805-230. Developing recreational areas. The
23		Department has the power to lease from individuals,

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1		corporations, or any other form of private ownership, from any
2		municipality, public corporation, or political subdivision of
3		this State, or from the United States any lands or waters for
4		the purpose of developing outdoor recreational areas for
5		public use and to acquire all necessary property or
6		rights-of-way for the purposes of ingress or egress to those
7		lands and waters and to construct buildings and other
8		recreational facilities, including roadways, bridges, and
9		parking areas, commercial solar energy systems, and clean
10		energy projects that the Department deems necessary or
11		desirable for maximum utilization of recreational facilities
12		for public use of the areas.
13		(Source: P.A. 91-239, eff. 1-1-00.)
14		(20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
15		Sec. 805-235. Lease of lands acquired by the Department;
16		disposition of obsolete buildings. The Department has the
17		power to do and perform each and every act or thing considered
18		by the Director to be necessary or desirable to fulfill and
19		carry out the intent and purpose of all laws pertaining to the
20		Department, including the right to rehabilitate or sell at
21		public auction buildings or structures affixed to lands over
22		which the Department has acquired jurisdiction when in the
23		judgment of the Director those buildings or structures are
24		obsolete, inadequate, or unusable for the purposes of the
25		Department and to lease those lands with or without

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1		appurtenances for a consideration in money or in kind for a
2		period of time not in excess of 10 5 years for the purposes and
3		upon the terms and conditions that the Director considers to
4		be in the best interests of the State when those lands are not
5		immediately to be used or developed by the State. All those
6		sales shall be made subject to the written approval of the
7		Governor. The funds derived from those sales and from those
8		leases shall be deposited in the State Parks Fund, except that
9		funds derived from those sales and from those leases on lands
10		managed and operated principally as wildlife or fisheries
11		areas by the Department shall be deposited in the Wildlife and
12		Fish Fund.
13		(Source: P.A. 91-239, eff. 1-1-00.)
14		(20 ILCS 805/805-280 new)
15		Sec. 805-280. Leases for the purpose of creating,
16		operating, or maintaining a commercial solar energy system or
17		clean energy project. The Department may lease any land or
18		property over which the Department has jurisdiction for the
19		purpose of creating, operating, or maintaining a commercial
20		solar energy system, as defined in Section 10-720 of the
21		Property Tax Code, or a clean energy project. The lease shall
22		not be for a period longer than 40 years. The Department shall
23		competitively bid any project authorized pursuant to this
24		Section pursuant to the requirements of Section 20-15, and
25		subsections (c) and (f) of Section 20-10 of the Illinois

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1		Procurement Code. No person or business shall submit
2		specifications to the Department pursuant to this Section
3		unless requested to do so by an employee of the State. No
4		person or business who contracts with a State agency to write
5		specifications for any project pursuant to this Section shall
6		submit a bid or proposal, review or evaluate any prospective
7		proposals from the competitive bidding process, or receive a
8		contract for any project issued pursuant to this Section. The
9		Department shall require that any lease must provide for a
10		signed project labor agreement for the length of the lease
11		term. A project labor agreement entered into under this
12		Section shall be entered into with the local building and
13		construction trades council having geographic jurisdiction
14		over the project. If practical, the Department shall require
15		that any land or property over which the Department has
16		jurisdiction that is used for the purpose of creating,
17		operating, or maintaining a commercial solar energy system
18		shall have implemented on it and maintained management
19		practices that would qualify the land or property as a
20		beneficial habitat under the Pollinator-Friendly Solar Site
21		Act. The Department shall require that any lease must include
22		a signed project labor agreement for the length of the lease
23		term. The Department shall prioritize commercial solar energy
24		system sites based on their suitability and economic
25		feasibility for solar use. The Department shall then
26		prioritize commercial solar energy system sites with a

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1		significant history of disturbance, such as former strip mines
2		or previously developed sites. The Department may consider any
3		land use that is lost from the installation of a commercial
4		solar energy system in making a determination for the
5		suitability of a site.
6		(20 ILCS 805/805-580 new)
7		Sec. 805-580. Electric vehicle charging stations.
8		(a) The Department may provide for at least one electric
9		vehicle charging station, as defined in the Electric Vehicle
10		Act, at any State park or other real property that is owned by
11		the Department where electrical service will reasonably
12		permit. The Department is authorized to charge user fees for
13		the use of such electric vehicle charging stations.
14		(b) The Department may adopt and publish specifications
15		detailing the kind and type of electric vehicle charging
16		stations to be provided and may adopt rules governing the fees
17		for use of electric vehicle charging stations at State parks
18		or other real property that is owned by the Department.
19		Section 3-15. The State Parks Act is amended by changing
20		Sections 2, 3, 3a, and 4 as follows:
21		(20 ILCS 835/2) (from Ch. 105, par. 466)
22		Sec. 2. It shall be the policy of the State of Illinois to
23		acquire a system of State parks which shall embody the

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

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

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

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1		lesser interests in land.
2		(Source: P.A. 89-445, eff. 2-7-96.)
3		(20 ILCS 835/4) (from Ch. 105, par. 468)
4		Sec. 4. The Department of Natural Resources has the power:
5		(1) To make rules and regulations necessary to carry out
6		its duties under this Act, including rules and regulations for
7		the use, care, improvement, control and administration of
8		lands under its jurisdiction, and to enforce the same.
9		(2) To employ such custodians, keepers, clerks,
10		assistants, laborers and subordinates as may be necessary to
11		carry out the provisions of this Act.
12		(3) To lay out, construct and maintain all needful roads,
13		parking areas, paths or trails, bridges, and docks, camp or
14		lodge sites, picnic areas, beach houses, lodges and cabins and
15		any other structures and improvements necessary and
16		appropriate in any state park or easement thereto; and to
17		provide water supplies, heat and light, and sanitary
18		facilities for the public and living quarters for the
19		custodians and keepers of state parks.
20		(4) To replant any devastated native plant areas of any
21		State park or increase or supplement the same when necessary
22		with plant material indigenous to such park.
23		(5) To cooperate with the United States government and
24		with other states in matters relating to the care,
25		improvement, control and administration of national or

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

HB5511 Enrolled - 56 - LRB103 38791 MXP 68928 b
1		over the project. The Department shall prioritize commercial
2		solar energy system sites based on their suitability and
3		economic feasibility for solar use. The Department shall then
4		prioritize commercial solar energy system sites with a
5		significant history of disturbance, such as former strip mines
6		or previously developed sites. In making a determination for
7		the suitability of a site, the Department may consider any
8		land use that is lost from the installation of a commercial
9		solar energy system.
10		(Source: P.A. 89-445, eff. 2-7-96.)
11		ARTICLE 5.
12		Section 5-5. The Illinois Procurement Code is amended by
13		changing Section 20-60 as follows:
14		(30 ILCS 500/20-60)
15		Sec. 20-60. Duration of contracts.
16		(a) Maximum duration. A contract may be entered into for
17		any period of time deemed to be in the best interests of the
18		State but not exceeding 10 years inclusive, beginning January
19		1, 2010, of proposed contract renewals; provided, however, in
20		connection with the issuance of certificates of participation
21		or bonds, the governing board of a public institution of
22		higher education may enter into contracts in excess of 10
23		years but not to exceed 30 years for the purpose of financing

HB5511 Enrolled - 57 - LRB103 38791 MXP 68928 b
1		or refinancing real or personal property. Third parties may
2		lease State-owned communications infrastructure, including
3		dark fiber networks, conduit, and excess communication tower
4		capacity, for any period of time deemed to be in the best
5		interest of the State, but not exceeding 20 years. The length
6		of a lease for real property or capital improvements shall be
7		in accordance with the provisions of Section 40-25. The length
8		of energy conservation program contracts or energy savings
9		contracts or leases shall be in accordance with the provisions
10		of Section 25-45. A contract for bond or mortgage insurance
11		awarded by the Illinois Housing Development Authority,
12		however, may be entered into for any period of time less than
13		or equal to the maximum period of time that the subject bond or
14		mortgage may remain outstanding.
15		(b) Subject to appropriation. All contracts made or
16		entered into shall recite that they are subject to termination
17		and cancellation in any year for which the General Assembly
18		fails to make an appropriation to make payments under the
19		terms of the contract.
20		(c) The chief procurement officer shall file a proposed
21		extension or renewal of a contract with the Procurement Policy
22		Board and the Commission on Equity and Inclusion prior to
23		entering into any extension or renewal if the cost associated
24		with the extension or renewal exceeds $249,999. The
25		Procurement Policy Board or the Commission on Equity and
26		Inclusion may object to the proposed extension or renewal

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1		within 14 calendar days and require a hearing before the Board
2		or the Commission on Equity and Inclusion prior to entering
3		into the extension or renewal. If the Procurement Policy Board
4		or the Commission on Equity and Inclusion does not object
5		within 14 calendar days or takes affirmative action to
6		recommend the extension or renewal, the chief procurement
7		officer may enter into the extension or renewal of a contract.
8		This subsection does not apply to any emergency procurement,
9		any procurement under Article 40, or any procurement exempted
10		by Section 1-10(b) of this Code. If any State agency contract
11		is paid for in whole or in part with federal-aid funds, grants,
12		or loans and the provisions of this subsection would result in
13		the loss of those federal-aid funds, grants, or loans, then
14		the contract is exempt from the provisions of this subsection
15		in order to remain eligible for those federal-aid funds,
16		grants, or loans, and the State agency shall file notice of
17		this exemption with the Procurement Policy Board or the
18		Commission on Equity and Inclusion prior to entering into the
19		proposed extension or renewal. Nothing in this subsection
20		permits a chief procurement officer to enter into an extension
21		or renewal in violation of subsection (a). By August 1 each
22		year, the Procurement Policy Board and the Commission on
23		Equity and Inclusion shall each file a report with the General
24		Assembly identifying for the previous fiscal year (i) the
25		proposed extensions or renewals that were filed and whether
26		such extensions and renewals were objected to and (ii) the

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1		contracts exempt from this subsection.
2		(d) Notwithstanding the provisions of subsection (a) of
3		this Section, the Department of Innovation and Technology may
4		enter into leases for dark fiber networks for any period of
5		time deemed to be in the best interests of the State but not
6		exceeding 20 years inclusive. The Department of Innovation and
7		Technology may lease dark fiber networks from third parties
8		only for the primary purpose of providing services (i) to the
9		offices of Governor, Lieutenant Governor, Attorney General,
10		Secretary of State, Comptroller, or Treasurer and State
11		agencies, as defined under Section 5-15 of the Civil
12		Administrative Code of Illinois or (ii) for anchor
13		institutions, as defined in Section 7 of the Illinois Century
14		Network Act. Dark fiber network lease contracts shall be
15		subject to all other provisions of this Code and any
16		applicable rules or requirements, including, but not limited
17		to, publication of lease solicitations, use of standard State
18		contracting terms and conditions, and approval of vendor
19		certifications and financial disclosures.
20		(e) As used in this Section, "dark fiber network" means a
21		network of fiber optic cables laid but currently unused by a
22		third party that the third party is leasing for use as network
23		infrastructure.
24		(f) No vendor shall be eligible for renewal of a contract
25		when that vendor has failed to meet the goals agreed to in the
26		vendor's utilization plan, as defined in Section 2 of the

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1		Business Enterprise for Minorities, Women, and Persons with
2		Disabilities Act, unless the State agency or public
3		institution of higher education has determined that the vendor
4		made good faith efforts toward meeting the contract goals. If
5		the State agency or public institution of higher education
6		determines that the vendor made good faith efforts, the agency
7		or public institution of higher education may issue a waiver
8		after concurrence by the chief procurement officer, which
9		shall not be unreasonably withheld or impair a State agency
10		determination to execute the renewal. The form and content of
11		the waiver shall be prescribed by each chief procurement
12		officer, but shall not impair a State agency or public
13		institution of higher education determination to execute the
14		renewal. The chief procurement officer shall post the
15		completed form on his or her official website within 5
16		business days after receipt from the State agency or public
17		institution of higher education. The chief procurement officer
18		shall maintain on his or her official website a database of
19		waivers granted under this Section with respect to contracts
20		under his or her jurisdiction. The database shall be updated
21		periodically and shall be searchable by contractor name and by
22		contracting State agency or public institution of higher
23		education.
24		(Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
25		103-570, eff. 1-1-24.)

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1		ARTICLE 7.
2		Section 7-5. The Illinois Procurement Code is amended by
3		adding Section 45-46 as follows:
4		(30 ILCS 500/45-46 new)
5		Sec. 45-46. Mid-size businesses.
6		(a) As used in the Section, "mid-size business" means a
7		business that is independently owned and operated and that is
8		not dominant in its field of operation. "Mid-size business"
9		includes a construction business with annual sales and
10		receipts in excess of $14,000,000 but not over $45,000,000.
11		(a-5) This Section applies only to construction-related
12		procurements for the Illinois State Toll Highway Authority.
13		(b) The chief procurement officer shall adopt rules to
14		establish additional criteria to designate mid-size businesses
15		for the purposes of the mid-size business set-asides described
16		in subsection (c), including the number of employees and
17		annual sales and receipts of the business. When computing the
18		size status of a potential contractor, annual sales and
19		receipts of the potential contractor and all of its affiliates
20		shall be included. The maximum number of employees and the
21		maximum annual sales and receipts that a mid-size business may
22		have under the rules adopted by the chief procurement officer
23		may vary from industry to industry, to the extent necessary to
24		reflect differing characteristics of those industries, subject

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1		to the limitation that no business shall qualify as a mid-size
2		business if its annual sales and receipts exceed $45,000,000.
3		(c) The applicable chief procurement officer shall
4		designate a fair proportion, as determined by the applicable
5		chief procurement officer in consultation with the Illinois
6		State Toll Highway Authority, of construction,
7		construction-related, and construction support contracts as
8		mid-size business set-asides for award to mid-size businesses
9		in Illinois. Advertisements for bids or offers for these
10		contracts shall specify designation as mid-size business
11		set-asides. In awarding the contracts, only bids or offers
12		from qualified mid-size businesses shall be considered. The
13		Illinois State Toll Highway Authority shall prepare an annual
14		report setting forth the use of this Section during the
15		preceding fiscal year and shall provide that report to the
16		applicable chief procurement officer no later than March 1 of
17		each calendar year. This Section is repealed 5 years after the
18		effective date of this Section.
19		ARTICLE 10.
20		Section 10-5. The Freedom of Information Act is amended by
21		changing Section 7 as follows:
22		(5 ILCS 140/7)
23		Sec. 7. Exemptions.

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1		(1) When a request is made to inspect or copy a public
2		record that contains information that is exempt from
3		disclosure under this Section, but also contains information
4		that is not exempt from disclosure, the public body may elect
5		to redact the information that is exempt. The public body
6		shall make the remaining information available for inspection
7		and copying. Subject to this requirement, the following shall
8		be exempt from inspection and copying:
9		(a) Information specifically prohibited from
10		disclosure by federal or State law or rules and
11		regulations implementing federal or State law.
12		(b) Private information, unless disclosure is required
13		by another provision of this Act, a State or federal law,
14		or a court order.
15		(b-5) Files, documents, and other data or databases
16		maintained by one or more law enforcement agencies and
17		specifically designed to provide information to one or
18		more law enforcement agencies regarding the physical or
19		mental status of one or more individual subjects.
20		(c) Personal information contained within public
21		records, the disclosure of which would constitute a
22		clearly unwarranted invasion of personal privacy, unless
23		the disclosure is consented to in writing by the
24		individual subjects of the information. "Unwarranted
25		invasion of personal privacy" means the disclosure of
26		information that is highly personal or objectionable to a

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1		reasonable person and in which the subject's right to
2		privacy outweighs any legitimate public interest in
3		obtaining the information. The disclosure of information
4		that bears on the public duties of public employees and
5		officials shall not be considered an invasion of personal
6		privacy.
7		(d) Records in the possession of any public body
8		created in the course of administrative enforcement
9		proceedings, and any law enforcement or correctional
10		agency for law enforcement purposes, but only to the
11		extent that disclosure would:
12		(i) interfere with pending or actually and
13		reasonably contemplated law enforcement proceedings
14		conducted by any law enforcement or correctional
15		agency that is the recipient of the request;
16		(ii) interfere with active administrative
17		enforcement proceedings conducted by the public body
18		that is the recipient of the request;
19		(iii) create a substantial likelihood that a
20		person will be deprived of a fair trial or an impartial
21		hearing;
22		(iv) unavoidably disclose the identity of a
23		confidential source, confidential information
24		furnished only by the confidential source, or persons
25		who file complaints with or provide information to
26		administrative, investigative, law enforcement, or

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1		penal agencies; except that the identities of
2		witnesses to traffic crashes, traffic crash reports,
3		and rescue reports shall be provided by agencies of
4		local government, except when disclosure would
5		interfere with an active criminal investigation
6		conducted by the agency that is the recipient of the
7		request;
8		(v) disclose unique or specialized investigative
9		techniques other than those generally used and known
10		or disclose internal documents of correctional
11		agencies related to detection, observation, or
12		investigation of incidents of crime or misconduct, and
13		disclosure would result in demonstrable harm to the
14		agency or public body that is the recipient of the
15		request;
16		(vi) endanger the life or physical safety of law
17		enforcement personnel or any other person; or
18		(vii) obstruct an ongoing criminal investigation
19		by the agency that is the recipient of the request.
20		(d-5) A law enforcement record created for law
21		enforcement purposes and contained in a shared electronic
22		record management system if the law enforcement agency
23		that is the recipient of the request did not create the
24		record, did not participate in or have a role in any of the
25		events which are the subject of the record, and only has
26		access to the record through the shared electronic record

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1		management system.
2		(d-6) Records contained in the Officer Professional
3		Conduct Database under Section 9.2 of the Illinois Police
4		Training Act, except to the extent authorized under that
5		Section. This includes the documents supplied to the
6		Illinois Law Enforcement Training Standards Board from the
7		Illinois State Police and Illinois State Police Merit
8		Board.
9		(d-7) Information gathered or records created from the
10		use of automatic license plate readers in connection with
11		Section 2-130 of the Illinois Vehicle Code.
12		(e) Records that relate to or affect the security of
13		correctional institutions and detention facilities.
14		(e-5) Records requested by persons committed to the
15		Department of Corrections, Department of Human Services
16		Division of Mental Health, or a county jail if those
17		materials are available in the library of the correctional
18		institution or facility or jail where the inmate is
19		confined.
20		(e-6) Records requested by persons committed to the
21		Department of Corrections, Department of Human Services
22		Division of Mental Health, or a county jail if those
23		materials include records from staff members' personnel
24		files, staff rosters, or other staffing assignment
25		information.
26		(e-7) Records requested by persons committed to the

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1		Department of Corrections or Department of Human Services
2		Division of Mental Health if those materials are available
3		through an administrative request to the Department of
4		Corrections or Department of Human Services Division of
5		Mental Health.
6		(e-8) Records requested by a person committed to the
7		Department of Corrections, Department of Human Services
8		Division of Mental Health, or a county jail, the
9		disclosure of which would result in the risk of harm to any
10		person or the risk of an escape from a jail or correctional
11		institution or facility.
12		(e-9) Records requested by a person in a county jail
13		or committed to the Department of Corrections or
14		Department of Human Services Division of Mental Health,
15		containing personal information pertaining to the person's
16		victim or the victim's family, including, but not limited
17		to, a victim's home address, home telephone number, work
18		or school address, work telephone number, social security
19		number, or any other identifying information, except as
20		may be relevant to a requester's current or potential case
21		or claim.
22		(e-10) Law enforcement records of other persons
23		requested by a person committed to the Department of
24		Corrections, Department of Human Services Division of
25		Mental Health, or a county jail, including, but not
26		limited to, arrest and booking records, mug shots, and

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1		crime scene photographs, except as these records may be
2		relevant to the requester's current or potential case or
3		claim.
4		(f) Preliminary drafts, notes, recommendations,
5		memoranda, and other records in which opinions are
6		expressed, or policies or actions are formulated, except
7		that a specific record or relevant portion of a record
8		shall not be exempt when the record is publicly cited and
9		identified by the head of the public body. The exemption
10		provided in this paragraph (f) extends to all those
11		records of officers and agencies of the General Assembly
12		that pertain to the preparation of legislative documents.
13		(g) Trade secrets and commercial or financial
14		information obtained from a person or business where the
15		trade secrets or commercial or financial information are
16		furnished under a claim that they are proprietary,
17		privileged, or confidential, and that disclosure of the
18		trade secrets or commercial or financial information would
19		cause competitive harm to the person or business, and only
20		insofar as the claim directly applies to the records
21		requested.
22		The information included under this exemption includes
23		all trade secrets and commercial or financial information
24		obtained by a public body, including a public pension
25		fund, from a private equity fund or a privately held
26		company within the investment portfolio of a private

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1		equity fund as a result of either investing or evaluating
2		a potential investment of public funds in a private equity
3		fund. The exemption contained in this item does not apply
4		to the aggregate financial performance information of a
5		private equity fund, nor to the identity of the fund's
6		managers or general partners. The exemption contained in
7		this item does not apply to the identity of a privately
8		held company within the investment portfolio of a private
9		equity fund, unless the disclosure of the identity of a
10		privately held company may cause competitive harm.
11		Nothing contained in this paragraph (g) shall be
12		construed to prevent a person or business from consenting
13		to disclosure.
14		(h) Proposals and bids for any contract, grant, or
15		agreement, including information which if it were
16		disclosed would frustrate procurement or give an advantage
17		to any person proposing to enter into a contractor
18		agreement with the body, until an award or final selection
19		is made. Information prepared by or for the body in
20		preparation of a bid solicitation shall be exempt until an
21		award or final selection is made.
22		(i) Valuable formulae, computer geographic systems,
23		designs, drawings, and research data obtained or produced
24		by any public body when disclosure could reasonably be
25		expected to produce private gain or public loss. The
26		exemption for "computer geographic systems" provided in

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1		this paragraph (i) does not extend to requests made by
2		news media as defined in Section 2 of this Act when the
3		requested information is not otherwise exempt and the only
4		purpose of the request is to access and disseminate
5		information regarding the health, safety, welfare, or
6		legal rights of the general public.
7		(j) The following information pertaining to
8		educational matters:
9		(i) test questions, scoring keys, and other
10		examination data used to administer an academic
11		examination;
12		(ii) information received by a primary or
13		secondary school, college, or university under its
14		procedures for the evaluation of faculty members by
15		their academic peers;
16		(iii) information concerning a school or
17		university's adjudication of student disciplinary
18		cases, but only to the extent that disclosure would
19		unavoidably reveal the identity of the student; and
20		(iv) course materials or research materials used
21		by faculty members.
22		(k) Architects' plans, engineers' technical
23		submissions, and other construction related technical
24		documents for projects not constructed or developed in
25		whole or in part with public funds and the same for
26		projects constructed or developed with public funds,

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1		including, but not limited to, power generating and
2		distribution stations and other transmission and
3		distribution facilities, water treatment facilities,
4		airport facilities, sport stadiums, convention centers,
5		and all government owned, operated, or occupied buildings,
6		but only to the extent that disclosure would compromise
7		security.
8		(l) Minutes of meetings of public bodies closed to the
9		public as provided in the Open Meetings Act until the
10		public body makes the minutes available to the public
11		under Section 2.06 of the Open Meetings Act.
12		(m) Communications between a public body and an
13		attorney or auditor representing the public body that
14		would not be subject to discovery in litigation, and
15		materials prepared or compiled by or for a public body in
16		anticipation of a criminal, civil, or administrative
17		proceeding upon the request of an attorney advising the
18		public body, and materials prepared or compiled with
19		respect to internal audits of public bodies.
20		(n) Records relating to a public body's adjudication
21		of employee grievances or disciplinary cases; however,
22		this exemption shall not extend to the final outcome of
23		cases in which discipline is imposed.
24		(o) Administrative or technical information associated
25		with automated data processing operations, including, but
26		not limited to, software, operating protocols, computer

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1		program abstracts, file layouts, source listings, object
2		modules, load modules, user guides, documentation
3		pertaining to all logical and physical design of
4		computerized systems, employee manuals, and any other
5		information that, if disclosed, would jeopardize the
6		security of the system or its data or the security of
7		materials exempt under this Section.
8		(p) Records relating to collective negotiating matters
9		between public bodies and their employees or
10		representatives, except that any final contract or
11		agreement shall be subject to inspection and copying.
12		(q) Test questions, scoring keys, and other
13		examination data used to determine the qualifications of
14		an applicant for a license or employment.
15		(r) The records, documents, and information relating
16		to real estate purchase negotiations until those
17		negotiations have been completed or otherwise terminated.
18		With regard to a parcel involved in a pending or actually
19		and reasonably contemplated eminent domain proceeding
20		under the Eminent Domain Act, records, documents, and
21		information relating to that parcel shall be exempt except
22		as may be allowed under discovery rules adopted by the
23		Illinois Supreme Court. The records, documents, and
24		information relating to a real estate sale shall be exempt
25		until a sale is consummated.
26		(s) Any and all proprietary information and records

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1		related to the operation of an intergovernmental risk
2		management association or self-insurance pool or jointly
3		self-administered health and accident cooperative or pool.
4		Insurance or self-insurance (including any
5		intergovernmental risk management association or
6		self-insurance pool) claims, loss or risk management
7		information, records, data, advice, or communications.
8		(t) Information contained in or related to
9		examination, operating, or condition reports prepared by,
10		on behalf of, or for the use of a public body responsible
11		for the regulation or supervision of financial
12		institutions, insurance companies, or pharmacy benefit
13		managers, unless disclosure is otherwise required by State
14		law.
15		(u) Information that would disclose or might lead to
16		the disclosure of secret or confidential information,
17		codes, algorithms, programs, or private keys intended to
18		be used to create electronic signatures under the Uniform
19		Electronic Transactions Act.
20		(v) Vulnerability assessments, security measures, and
21		response policies or plans that are designed to identify,
22		prevent, or respond to potential attacks upon a
23		community's population or systems, facilities, or
24		installations, but only to the extent that disclosure
25		could reasonably be expected to expose the vulnerability
26		or jeopardize the effectiveness of the measures, policies,

HB5511 Enrolled - 74 - LRB103 38791 MXP 68928 b
1		or plans, or the safety of the personnel who implement
2		them or the public. Information exempt under this item may
3		include such things as details pertaining to the
4		mobilization or deployment of personnel or equipment, to
5		the operation of communication systems or protocols, to
6		cybersecurity vulnerabilities, or to tactical operations.
7		(w) (Blank).
8		(x) Maps and other records regarding the location or
9		security of generation, transmission, distribution,
10		storage, gathering, treatment, or switching facilities
11		owned by a utility, by a power generator, or by the
12		Illinois Power Agency.
13		(y) Information contained in or related to proposals,
14		bids, or negotiations related to electric power
15		procurement under Section 1-75 of the Illinois Power
16		Agency Act and Section 16-111.5 of the Public Utilities
17		Act that is determined to be confidential and proprietary
18		by the Illinois Power Agency or by the Illinois Commerce
19		Commission.
20		(z) Information about students exempted from
21		disclosure under Section 10-20.38 or 34-18.29 of the
22		School Code, and information about undergraduate students
23		enrolled at an institution of higher education exempted
24		from disclosure under Section 25 of the Illinois Credit
25		Card Marketing Act of 2009.
26		(aa) Information the disclosure of which is exempted

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1		under the Viatical Settlements Act of 2009.
2		(bb) Records and information provided to a mortality
3		review team and records maintained by a mortality review
4		team appointed under the Department of Juvenile Justice
5		Mortality Review Team Act.
6		(cc) Information regarding interments, entombments, or
7		inurnments of human remains that are submitted to the
8		Cemetery Oversight Database under the Cemetery Care Act or
9		the Cemetery Oversight Act, whichever is applicable.
10		(dd) Correspondence and records (i) that may not be
11		disclosed under Section 11-9 of the Illinois Public Aid
12		Code or (ii) that pertain to appeals under Section 11-8 of
13		the Illinois Public Aid Code.
14		(ee) The names, addresses, or other personal
15		information of persons who are minors and are also
16		participants and registrants in programs of park
17		districts, forest preserve districts, conservation
18		districts, recreation agencies, and special recreation
19		associations.
20		(ff) The names, addresses, or other personal
21		information of participants and registrants in programs of
22		park districts, forest preserve districts, conservation
23		districts, recreation agencies, and special recreation
24		associations where such programs are targeted primarily to
25		minors.
26		(gg) Confidential information described in Section

HB5511 Enrolled - 76 - LRB103 38791 MXP 68928 b
1		1-100 of the Illinois Independent Tax Tribunal Act of
2		2012.
3		(hh) The report submitted to the State Board of
4		Education by the School Security and Standards Task Force
5		under item (8) of subsection (d) of Section 2-3.160 of the
6		School Code and any information contained in that report.
7		(ii) Records requested by persons committed to or
8		detained by the Department of Human Services under the
9		Sexually Violent Persons Commitment Act or committed to
10		the Department of Corrections under the Sexually Dangerous
11		Persons Act if those materials: (i) are available in the
12		library of the facility where the individual is confined;
13		(ii) include records from staff members' personnel files,
14		staff rosters, or other staffing assignment information;
15		or (iii) are available through an administrative request
16		to the Department of Human Services or the Department of
17		Corrections.
18		(jj) Confidential information described in Section
19		5-535 of the Civil Administrative Code of Illinois.
20		(kk) The public body's credit card numbers, debit card
21		numbers, bank account numbers, Federal Employer
22		Identification Number, security code numbers, passwords,
23		and similar account information, the disclosure of which
24		could result in identity theft or impression or defrauding
25		of a governmental entity or a person.
26		(ll) Records concerning the work of the threat

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1		assessment team of a school district, including, but not
2		limited to, any threat assessment procedure under the
3		School Safety Drill Act and any information contained in
4		the procedure.
5		(mm) Information prohibited from being disclosed under
6		subsections (a) and (b) of Section 15 of the Student
7		Confidential Reporting Act.
8		(nn) Proprietary information submitted to the
9		Environmental Protection Agency under the Drug Take-Back
10		Act.
11		(oo) Records described in subsection (f) of Section
12		3-5-1 of the Unified Code of Corrections.
13		(pp) Any and all information regarding burials,
14		interments, or entombments of human remains as required to
15		be reported to the Department of Natural Resources
16		pursuant either to the Archaeological and Paleontological
17		Resources Protection Act or the Human Remains Protection
18		Act.
19		(qq) (pp) Reports described in subsection (e) of
20		Section 16-15 of the Abortion Care Clinical Training
21		Program Act.
22		(rr) (pp) Information obtained by a certified local
23		health department under the Access to Public Health Data
24		Act.
25		(ss) (pp) For a request directed to a public body that
26		is also a HIPAA-covered entity, all information that is

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1		protected health information, including demographic
2		information, that may be contained within or extracted
3		from any record held by the public body in compliance with
4		State and federal medical privacy laws and regulations,
5		including, but not limited to, the Health Insurance
6		Portability and Accountability Act and its regulations, 45
7		CFR Parts 160 and 164. As used in this paragraph,
8		"HIPAA-covered entity" has the meaning given to the term
9		"covered entity" in 45 CFR 160.103 and "protected health
10		information" has the meaning given to that term in 45 CFR
11		160.103.
12		(tt) Proposals or bids submitted by engineering
13		consultants in response to requests for proposal or other
14		competitive bidding requests by the Department of
15		Transportation or the Illinois Toll Highway Authority.
16		(1.5) Any information exempt from disclosure under the
17		Judicial Privacy Act shall be redacted from public records
18		prior to disclosure under this Act.
19		(2) A public record that is not in the possession of a
20		public body but is in the possession of a party with whom the
21		agency has contracted to perform a governmental function on
22		behalf of the public body, and that directly relates to the
23		governmental function and is not otherwise exempt under this
24		Act, shall be considered a public record of the public body,
25		for purposes of this Act.
26		(3) This Section does not authorize withholding of

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1		information or limit the availability of records to the
2		public, except as stated in this Section or otherwise provided
3		in this Act.
4		(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
5		102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
6		1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
7		eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
8		103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
9		8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
10		9-7-23.)
11		Section 10-10. The Illinois Procurement Code is amended by
12		changing Section 50-39 as follows:
13		(30 ILCS 500/50-39)
14		Sec. 50-39. Procurement communications reporting
15		requirement.
16		(a) Any written or oral communication received by a State
17		employee who, by the nature of his or her duties, has the
18		authority to participate personally and substantially in the
19		decision to award a State contract and that imparts or
20		requests material information or makes a material argument
21		regarding potential action concerning an active procurement
22		matter, including, but not limited to, an application, a
23		contract, or a project, shall be reported to the Procurement
24		Policy Board, and, with respect to the Illinois Power Agency,

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1		by the initiator of the communication, and may be reported
2		also by the recipient.
3		Any person communicating orally, in writing,
4		electronically, or otherwise with the Director or any person
5		employed by, or associated with, the Illinois Power Agency to
6		impart, solicit, or transfer any information related to the
7		content of any power procurement plan, the manner of
8		conducting any power procurement process, the procurement of
9		any power supply, or the method or structure of contracting
10		with power suppliers must disclose to the Procurement Policy
11		Board the full nature, content, and extent of any such
12		communication in writing by submitting a report with the
13		following information:
14		(1) The names of any party to the communication.
15		(2) The date on which the communication occurred.
16		(3) The time at which the communication occurred.
17		(4) The duration of the communication.
18		(5) The method (written, oral, etc.) of the
19		communication.
20		(6) A summary of the substantive content of the
21		communication.
22		These communications do not include the following: (i)
23		statements by a person publicly made in a public forum; (ii)
24		statements regarding matters of procedure and practice, such
25		as format, the number of copies required, the manner of
26		filing, and the status of a matter; (iii) statements made by a

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1		State employee of the agency to the agency head or other
2		employees of that agency, to the employees of the Executive
3		Ethics Commission, or to an employee of another State agency
4		who, through the communication, is either (a) exercising his
5		or her experience or expertise in the subject matter of the
6		particular procurement in the normal course of business, for
7		official purposes, and at the initiation of the purchasing
8		agency or the appropriate State purchasing officer, or (b)
9		exercising oversight, supervisory, or management authority
10		over the procurement in the normal course of business and as
11		part of official responsibilities; (iv) unsolicited
12		communications providing general information about a firm's
13		products or , services, or industry best practices provided
14		before those products or services are not directly related to
15		an open procurement matter become involved in a procurement
16		matter; (v) communications received in response to procurement
17		solicitations, including, but not limited to, vendor responses
18		to a request for information, request for proposal, request
19		for qualifications, invitation for bid, or a small purchase,
20		sole source, or emergency solicitation, or questions and
21		answers posted to the Illinois Procurement Bulletin to
22		supplement the procurement action, provided that the
23		communications are made in accordance with the instructions
24		contained in the procurement solicitation, procedures, or
25		guidelines; (vi) communications that are privileged,
26		protected, or confidential under law; and (vii) communications

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1		that are part of a formal procurement process as set out by
2		statute, rule, or the solicitation, guidelines, or procedures,
3		including, but not limited to, the posting of procurement
4		opportunities, the process for approving a procurement
5		business case or its equivalent, fiscal approval, submission
6		of bids, the finalizing of contract terms and conditions with
7		an awardee or apparent awardee, and similar formal procurement
8		processes; and (viii) communications about proposal
9		deficiencies as provided under Section 35 of the
10		Architectural, Engineering, and Land Surveying Qualifications
11		Based Selection Act. The provisions of this Section shall not
12		apply to communications regarding the administration and
13		implementation of an existing contract, except communications
14		regarding change orders or the renewal or extension of a
15		contract.
16		The reporting requirement does not apply to any
17		communication asking for clarification regarding a contract
18		solicitation so long as there is no competitive advantage to
19		the person or business and the question and answer, if
20		material, are posted to the Illinois Procurement Bulletin as
21		an addendum to the contract solicitation.
22		(b) The report required by subsection (a) shall be
23		submitted monthly and include at least the following: (i) the
24		date and time of each communication; (ii) the identity of each
25		person from whom the written or oral communication was
26		received, the individual or entity represented by that person,

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1		and any action the person requested or recommended; (iii) the
2		identity and job title of the person to whom each
3		communication was made; (iv) if a response is made, the
4		identity and job title of the person making each response; (v)
5		a detailed summary of the points made by each person involved
6		in the communication; (vi) the duration of the communication;
7		(vii) the location or locations of all persons involved in the
8		communication and, if the communication occurred by telephone,
9		the telephone numbers for the callers and recipients of the
10		communication; and (viii) any other pertinent information. No
11		trade secrets or other proprietary or confidential information
12		shall be included in any communication reported to the
13		Procurement Policy Board.
14		(c) Additionally, when an oral communication made by a
15		person required to register under the Lobbyist Registration
16		Act is received by a State employee that is covered under this
17		Section, all individuals who initiate or participate in the
18		oral communication shall submit a written report to that State
19		employee that memorializes the communication and includes, but
20		is not limited to, the items listed in subsection (b).
21		(d) The Procurement Policy Board shall make each report
22		submitted pursuant to this Section available on its website
23		within 7 calendar days after its receipt of the report. The
24		Procurement Policy Board may promulgate rules to ensure
25		compliance with this Section.
26		(e) The reporting requirements shall also be conveyed

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1		through ethics training under the State Officials and
2		Employees Ethics Act. An employee who knowingly and
3		intentionally violates this Section shall be subject to
4		suspension or discharge. The Executive Ethics Commission shall
5		promulgate rules, including emergency rules, to implement this
6		Section.
7		(f) This Section becomes operative on January 1, 2011.
8		(g) For purposes of this Section:
9		"Active procurement matter" means a procurement process
10		beginning with requisition or determination of need by an
11		agency and continuing through the publication of an award
12		notice or other completion of a final procurement action, the
13		resolution of any protests, and the expiration of any protest
14		or Procurement Policy Board review period, if applicable.
15		"Active procurement matter" also includes communications
16		relating to change orders, renewals, or extensions.
17		"Material information" means information that a reasonable
18		person would deem important in determining his or her course
19		of action and pertains to significant issues, including, but
20		not limited to, price, quantity, and terms of payment or
21		performance.
22		"Material argument" means a communication that a
23		reasonable person would believe was made for the purpose of
24		influencing a decision relating to a procurement matter.
25		"Material argument" does not include general information about
26		products, services, or industry best practices or a response

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1		to a communication initiated by an employee of the State for
2		the purposes of providing information to evaluate new
3		products, trends, services, or technologies.
4		(Source: P.A. 100-43, eff. 8-9-17.)
5		Section 10-15. The Architectural, Engineering, and Land
6		Surveying Qualifications Based Selection Act is amended by
7		changing Section 35 as follows:
8		(30 ILCS 535/35) (from Ch. 127, par. 4151-35)
9		Sec. 35. Selection procedure. On the basis of evaluations,
10		discussions, and any presentations, the State agency shall
11		select no less than 3 firms it determines to be qualified to
12		provide services for the project and rank them in order of
13		qualifications to provide services regarding the specific
14		project. The State agency shall then contact the firm ranked
15		most preferred to negotiate a contract at a fair and
16		reasonable compensation. If fewer than 3 firms submit letters
17		of interest and the State agency determines that one or both of
18		those firms are so qualified, the State agency may proceed to
19		negotiate a contract under Section 40. The decision of the
20		State agency shall be final and binding.
21		As part of the State agency's commitment to fostering
22		greater diversity in contracting, the State agency may
23		communicate with firms who were not selected in order to
24		provide further information about the firm's proposal

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1		deficiencies.
2		(Source: P.A. 87-673.)
3		ARTICLE 15.
4		Section 15-5. The Governmental Joint Purchasing Act is
5		amended by changing Section 2 as follows:
6		(30 ILCS 525/2) (from Ch. 85, par. 1602)
7		Sec. 2. Joint purchasing authority.
8		(a) Any governmental unit, except a governmental unit
9		subject to the jurisdiction of a chief procurement officer
10		established in Section 10-20 of the Illinois Procurement Code,
11		may purchase personal property, supplies and services jointly
12		with one or more other governmental units. All such joint
13		purchases shall be by competitive solicitation as provided in
14		Section 4, except as otherwise provided in this Act. The
15		provisions of any other acts under which a governmental unit
16		operates which refer to purchases and procedures in connection
17		therewith shall be superseded by the provisions of this Act
18		when the governmental units are exercising the joint powers
19		created by this Act.
20		(a-5) For purchases made by a governmental unit subject to
21		the jurisdiction of a chief procurement officer established in
22		Section 10-20 of the Illinois Procurement Code, the applicable
23		chief procurement officer established in Section 10-20 of the

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1		Illinois Procurement Code may authorize the purchase of
2		supplies and services jointly with a governmental unit of this
3		State, governmental entity of another state, or with a
4		consortium of governmental entities of one or more other
5		states, except as otherwise provided in this Act. Subject to
6		provisions of the joint purchasing solicitation, the
7		appropriate chief procurement officer may designate the
8		resulting contract as available to governmental units in
9		Illinois.
10		(a-10) Each chief procurement officer appointed pursuant
11		to Section 10-20 of the Illinois Procurement Code, with joint
12		agreement of the respective agency or institution, may
13		authorize the purchase or lease of supplies and services which
14		have been procured through a competitive process by a federal
15		agency; a consortium of governmental, educational, medical,
16		research, or similar entities; or a group purchasing
17		organization of which the chief procurement officer or State
18		agency is a member or affiliate, including, without
19		limitation, any purchasing entity operating under the federal
20		General Services Administration, the Higher Education
21		Cooperation Act, and the Midwestern Higher Education Compact
22		Act. Each applicable chief procurement officer may authorize
23		purchases and contracts which have been procured through other
24		methods of procurement if each chief procurement officer
25		determines it is in the best interests of the State,
26		considering a recommendation by their respective agencies or

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1		institutions. The chief procurement officer may establish
2		detailed rules, policies, and procedures for use of these
3		cooperative contracts. Notice of award shall be published by
4		the chief procurement officer in the Illinois Procurement
5		Bulletin at least prior to use of the contract. Each chief
6		procurement officer shall submit to the General Assembly by
7		November 1 of each year a report of procurements made under
8		this subsection (a-10).
9		(a-15) Each chief procurement officer appointed pursuant
10		to Section 10-20 of the Illinois Procurement Code may
11		authorize any governmental unit of this State to purchase or
12		lease supplies under a contract which has been procured under
13		the jurisdiction of the Illinois Procurement Code by a
14		governmental unit subject to the jurisdiction of the chief
15		procurement officer. Prior to making the contract available to
16		the governmental unit of this State, the chief procurement
17		officer shall consult with the governmental unit that is party
18		to the contract and is subject to the jurisdiction of the chief
19		procurement officer. A governmental unit of this State that
20		uses a contract pursuant to this subsection shall report each
21		year to the authorizing chief procurement officer the
22		contractor used, supplies purchased, and total value of
23		purchases for each contract. The authorizing chief procurement
24		officer shall submit to the General Assembly by November 1 of
25		each year a report of procurements made under this subsection
26		(a-15).

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1		(b) Any not-for-profit agency that qualifies under Section
2		45-35 of the Illinois Procurement Code and that either (1)
3		acts pursuant to a board established by or controlled by a unit
4		of local government or (2) receives grant funds from the State
5		or from a unit of local government, shall be eligible to
6		participate in contracts established by the State.
7		(c) For governmental units subject to the jurisdiction of
8		a chief procurement officer established in Section 10-20 of
9		the Illinois Procurement Code, if any contract or amendment to
10		a contract is entered into or purchase or expenditure of funds
11		is made at any time in violation of this Act or any other law,
12		the contract or amendment may be declared void by the chief
13		procurement officer or may be ratified and affirmed, if the
14		chief procurement officer determines that ratification is in
15		the best interests of the governmental unit. If the contract
16		or amendment is ratified and affirmed, it shall be without
17		prejudice to the governmental unit's rights to any appropriate
18		damages.
19		(d) This Section does not apply to construction-related
20		professional services contracts awarded in accordance with the
21		provisions of the Architectural, Engineering, and Land
22		Surveying Qualifications Based Selection Act.
23		(Source: P.A. 100-43, eff. 8-9-17.)
24		ARTICLE 20.

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1		Section 20-5. The Illinois Procurement Code is amended by
2		changing Section 40-15 as follows:
3		(30 ILCS 500/40-15)
4		Sec. 40-15. Method of source selection.
5		(a) Request for information. Except as provided in
6		subsections (b) and (c), all State contracts for leases of
7		real property or capital improvements shall be awarded by a
8		request for information process in accordance with Section
9		40-20.
10		(b) Other methods. A request for information process need
11		not be used in procuring any of the following leases:
12		(1) Property of less than 10,000 square feet with base
13		rent of less than $200,000 $100,000 per year.
14		(2) (Blank).
15		(3) Duration of less than one year that cannot be
16		renewed.
17		(4) Specialized space available at only one location.
18		(5) Renewal or extension of a lease; provided that:
19		(i) the chief procurement officer determines in writing
20		that the renewal or extension is in the best interest of
21		the State; (ii) the chief procurement officer submits his
22		or her written determination and the renewal or extension
23		to the Board; (iii) the Board does not object in writing to
24		the renewal or extension within 30 calendar days after its
25		submission; and (iv) the chief procurement officer

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1		publishes the renewal or extension in the appropriate
2		volume of the Procurement Bulletin.
3		(c) Leases with governmental units. Leases with other
4		governmental units may be negotiated without using the request
5		for information process when deemed by the chief procurement
6		officer to be in the best interest of the State.
7		(Source: P.A. 98-1076, eff. 1-1-15.)
8		ARTICLE 25.
9		Section 25-10. The Illinois Procurement Code is amended by
10		changing Section 1-10 as follows:
11		(30 ILCS 500/1-10)
12		Sec. 1-10. Application.
13		(a) This Code applies only to procurements for which
14		bidders, offerors, potential contractors, or contractors were
15		first solicited on or after July 1, 1998. This Code shall not
16		be construed to affect or impair any contract, or any
17		provision of a contract, entered into based on a solicitation
18		prior to the implementation date of this Code as described in
19		Article 99, including, but not limited to, any covenant
20		entered into with respect to any revenue bonds or similar
21		instruments. All procurements for which contracts are
22		solicited between the effective date of Articles 50 and 99 and
23		July 1, 1998 shall be substantially in accordance with this

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

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

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1		Illinois Finance Authority of the terms of the contract.
2		(B) Contracts for legal and financial services entered
3		into by the Illinois Housing Development Authority in
4		connection with the issuance of bonds in which the State
5		of Illinois is not obligated. Such contracts shall be
6		awarded through a competitive process authorized by the
7		members of the Illinois Housing Development Authority and
8		are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
9		and 50-37 of this Code, as well as the final approval by
10		the members of the Illinois Housing Development Authority
11		of the terms of the contract.
12		(13) Contracts for services, commodities, and
13		equipment to support the delivery of timely forensic
14		science services in consultation with and subject to the
15		approval of the Chief Procurement Officer as provided in
16		subsection (d) of Section 5-4-3a of the Unified Code of
17		Corrections, except for the requirements of Sections
18		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
19		Code; however, the Chief Procurement Officer may, in
20		writing with justification, waive any certification
21		required under Article 50 of this Code. For any contracts
22		for services which are currently provided by members of a
23		collective bargaining agreement, the applicable terms of
24		the collective bargaining agreement concerning
25		subcontracting shall be followed.
26		On and after January 1, 2019, this paragraph (13),

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1		except for this sentence, is inoperative.
2		(14) Contracts for participation expenditures required
3		by a domestic or international trade show or exhibition of
4		an exhibitor, member, or sponsor.
5		(15) Contracts with a railroad or utility that
6		requires the State to reimburse the railroad or utilities
7		for the relocation of utilities for construction or other
8		public purpose. Contracts included within this paragraph
9		(15) shall include, but not be limited to, those
10		associated with: relocations, crossings, installations,
11		and maintenance. For the purposes of this paragraph (15),
12		"railroad" means any form of non-highway ground
13		transportation that runs on rails or electromagnetic
14		guideways and "utility" means: (1) public utilities as
15		defined in Section 3-105 of the Public Utilities Act, (2)
16		telecommunications carriers as defined in Section 13-202
17		of the Public Utilities Act, (3) electric cooperatives as
18		defined in Section 3.4 of the Electric Supplier Act, (4)
19		telephone or telecommunications cooperatives as defined in
20		Section 13-212 of the Public Utilities Act, (5) rural
21		water or waste water systems with 10,000 connections or
22		less, (6) a holder as defined in Section 21-201 of the
23		Public Utilities Act, and (7) municipalities owning or
24		operating utility systems consisting of public utilities
25		as that term is defined in Section 11-117-2 of the
26		Illinois Municipal Code.

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1		(16) Procurement expenditures necessary for the
2		Department of Public Health to provide the delivery of
3		timely newborn screening services in accordance with the
4		Newborn Metabolic Screening Act.
5		(17) Procurement expenditures necessary for the
6		Department of Agriculture, the Department of Financial and
7		Professional Regulation, the Department of Human Services,
8		and the Department of Public Health to implement the
9		Compassionate Use of Medical Cannabis Program and Opioid
10		Alternative Pilot Program requirements and ensure access
11		to medical cannabis for patients with debilitating medical
12		conditions in accordance with the Compassionate Use of
13		Medical Cannabis Program Act.
14		(18) This Code does not apply to any procurements
15		necessary for the Department of Agriculture, the
16		Department of Financial and Professional Regulation, the
17		Department of Human Services, the Department of Commerce
18		and Economic Opportunity, and the Department of Public
19		Health to implement the Cannabis Regulation and Tax Act if
20		the applicable agency has made a good faith determination
21		that it is necessary and appropriate for the expenditure
22		to fall within this exemption and if the process is
23		conducted in a manner substantially in accordance with the
24		requirements of Sections 20-160, 25-60, 30-22, 50-5,
25		50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
26		50-36, 50-37, 50-38, and 50-50 of this Code; however, for

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1		Section 50-35, compliance applies only to contracts or
2		subcontracts over $100,000. Notice of each contract
3		entered into under this paragraph (18) that is related to
4		the procurement of goods and services identified in
5		paragraph (1) through (9) of this subsection shall be
6		published in the Procurement Bulletin within 14 calendar
7		days after contract execution. The Chief Procurement
8		Officer shall prescribe the form and content of the
9		notice. Each agency shall provide the Chief Procurement
10		Officer, on a monthly basis, in the form and content
11		prescribed by the Chief Procurement Officer, a report of
12		contracts that are related to the procurement of goods and
13		services identified in this subsection. At a minimum, this
14		report shall include the name of the contractor, a
15		description of the supply or service provided, the total
16		amount of the contract, the term of the contract, and the
17		exception to this Code utilized. A copy of any or all of
18		these contracts shall be made available to the Chief
19		Procurement Officer immediately upon request. The Chief
20		Procurement Officer shall submit a report to the Governor
21		and General Assembly no later than November 1 of each year
22		that includes, at a minimum, an annual summary of the
23		monthly information reported to the Chief Procurement
24		Officer. This exemption becomes inoperative 5 years after
25		June 25, 2019 (the effective date of Public Act 101-27).
26		(19) Acquisition of modifications or adjustments,

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

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

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1		2023 (the effective date of Public Act 102-1116) and the
2		renewal of contracts that are in effect on January 10,
3		2023 (the effective date of Public Act 102-1116).
4		(22) Contracts for project management services and
5		system integration services required for the completion of
6		the State's enterprise resource planning project. This
7		exemption becomes inoperative 5 years after June 7, 2023
8		(the effective date of the changes made to this Section by
9		Public Act 103-8). This paragraph (22) applies to
10		contracts entered into on or after June 7, 2023 (the
11		effective date of the changes made to this Section by
12		Public Act 103-8) and the renewal of contracts that are in
13		effect on June 7, 2023 (the effective date of the changes
14		made to this Section by Public Act 103-8).
15		(23) Procurements necessary for the Department of
16		Insurance to implement the Illinois Health Benefits
17		Exchange Law if the Department of Insurance has made a
18		good faith determination that it is necessary and
19		appropriate for the expenditure to fall within this
20		exemption. The procurement process shall be conducted in a
21		manner substantially in accordance with the requirements
22		of Sections 20-160 and 25-60 and Article 50 of this Code. A
23		copy of these contracts shall be made available to the
24		Chief Procurement Officer immediately upon request. This
25		paragraph is inoperative 5 years after June 27, 2023 (the
26		effective date of Public Act 103-103).

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1		(24) (22) Contracts for public education programming,
2		noncommercial sustaining announcements, public service
3		announcements, and public awareness and education
4		messaging with the nonprofit trade associations of the
5		providers of those services that inform the public on
6		immediate and ongoing health and safety risks and hazards.
7		(25) Procurements that are necessary for increasing
8		the recruitment and retention of State employees,
9		particularly minority candidates for employment,
10		including:
11		(A) procurements related to registration fees for
12		job fairs and other outreach and recruitment events;
13		(B) production of recruitment materials; and
14		(C) other services related to recruitment and
15		retention of State employees.
16		The exemption under this paragraph (25) applies only
17		if the State agency has made a good faith determination
18		that it is necessary and appropriate for the expenditure
19		to fall within this paragraph (25). The procurement
20		process under this paragraph (25) shall be conducted in a
21		manner substantially in accordance with the requirements
22		of Sections 20-160 and 25-60 and Article 50 of this Code. A
23		copy of these contracts shall be made available to the
24		Chief Procurement Officer immediately upon request.
25		Nothing in this paragraph (25) authorizes the replacement
26		or diminishment of State responsibilities in hiring or the

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1		positions that effectuate that hiring. This paragraph (25)
2		is inoperative on and after June 30, 2029.
3		Notwithstanding any other provision of law, for contracts
4		with an annual value of more than $100,000 entered into on or
5		after October 1, 2017 under an exemption provided in any
6		paragraph of this subsection (b), except paragraph (1), (2),
7		or (5), each State agency shall post to the appropriate
8		procurement bulletin the name of the contractor, a description
9		of the supply or service provided, the total amount of the
10		contract, the term of the contract, and the exception to the
11		Code utilized. The chief procurement officer shall submit a
12		report to the Governor and General Assembly no later than
13		November 1 of each year that shall include, at a minimum, an
14		annual summary of the monthly information reported to the
15		chief procurement officer.
16		(c) This Code does not apply to the electric power
17		procurement process provided for under Section 1-75 of the
18		Illinois Power Agency Act and Section 16-111.5 of the Public
19		Utilities Act. This Code does not apply to the procurement of
20		technical and policy experts pursuant to Section 1-129 of the
21		Illinois Power Agency Act.
22		(d) Except for Section 20-160 and Article 50 of this Code,
23		and as expressly required by Section 9.1 of the Illinois
24		Lottery Law, the provisions of this Code do not apply to the
25		procurement process provided for under Section 9.1 of the
26		Illinois Lottery Law.

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

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1		contracts, or contracts entered into, by the State Board of
2		Elections or the State Electoral Board for hearing officers
3		appointed pursuant to the Election Code.
4		(l) This Code does not apply to the processes used by the
5		Illinois Student Assistance Commission to procure supplies and
6		services paid for from the private funds of the Illinois
7		Prepaid Tuition Fund. As used in this subsection (l), "private
8		funds" means funds derived from deposits paid into the
9		Illinois Prepaid Tuition Trust Fund and the earnings thereon.
10		(m) This Code shall apply regardless of the source of
11		funds with which contracts are paid, including federal
12		assistance moneys. Except as specifically provided in this
13		Code, this Code shall not apply to procurement expenditures
14		necessary for the Department of Public Health to conduct the
15		Healthy Illinois Survey in accordance with Section 2310-431 of
16		the Department of Public Health Powers and Duties Law of the
17		Civil Administrative Code of Illinois.
18		(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
19		102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
20		9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
21		102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
22		6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
23		1-2-24.)
24		ARTICLE 30.

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1		Section 30-5. The Reimagining Hotel Florence Act is
2		amended by changing Sections 45-5, 45-10, 45-15, 45-20, 45-25,
3		and 45-30 as follows:
4		(20 ILCS 3407/45-5)
5		Sec. 45-5. Legislative intent. Originally built in 1881,
6		the Hotel Florence is located within the Pullman Historic
7		District and was placed on the National Register of Historic
8		Places in 1969 and was designated a National Historic Landmark
9		on December 30, 1970. To save it from demolition the Historic
10		Pullman Foundation purchased the hotel in 1975 and maintained
11		ownership until 1991 when the State of Illinois took title of
12		the building. The Hotel Florence is continually closed for
13		renovations and is a semi-closed public space.
14		The hotel sits within next to the Pullman National
15		Historic Landmark District, which was designated as a National
16		Monument in 2015 and recently redesignated as Illinois'
17		Illinois's first National Park on December 29, 2022 and is
18		operated by the U.S. National Park Service. This redesignation
19		allows for the National Park Service to enter into cooperative
20		agreements with outside parties for interpretive and
21		educational programs at nonfederal historic properties within
22		the boundaries of the park and to provide assistance for the
23		preservation of nonfederal land within the boundaries of the
24		historical park and at sites in close proximity to it, which
25		includes may include the Pullman State Historic Site (Hotel

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1		Florence, Hotel Florence Annex, Factory Grounds, Rear Erecting
2		Shops, Front Erecting Shop North Factory Wing, Front Erecting
3		Shop South Factory Wing Ruin, and the Historic 1911 "Advance"
4		Railroad Passenger Car).
5		The General Assembly has allocated $21,000,000 in capital
6		infrastructure funds to aid in the restoration and capital
7		improvements at the Pullman State Historic Site, including,
8		but not limited to, renovation redevelopment of the Hotel
9		Florence.
10		The General Assembly finds that allowing for the
11		Department of Natural Resources to enter into a public-private
12		partnership that will allow the Hotel Florence to become a
13		fully reactivated space in a timely manner that is in the
14		public benefit of the State and the local Pullman community.
15		(Source: P.A. 103-570, eff. 1-1-24.)
16		(20 ILCS 3407/45-10)
17		Sec. 45-10. Definitions. In this Act:
18		"Agreement" means a public-private agreement.
19		"Contractor" means a person that has been selected to
20		enter or has entered into a public-private agreement with the
21		Department on behalf of the State for the development,
22		financing, construction, management, or operation of the Hotel
23		Florence pursuant to this Act.
24		"Department" means the Department of Natural Resources.
25		"Hotel Florence" means real property in the City of

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1		Chicago located within the Pullman State Historic Site
2		District that is owned by the Illinois Department of Natural
3		Resources and was acquired in 1991, at the address of 11111 S.
4		Forrestville Avenue, Chicago, Illinois, as well as the
5		adjacent Hotel Florence Annex building located at 537 East
6		111th Street, Chicago, Illinois 60628 and any associated
7		grounds connected to the Hotel Florence or Hotel Florence
8		Annex either property.
9		"Maintain" or "maintenance" includes ordinary maintenance,
10		repair, rehabilitation, capital maintenance, maintenance
11		replacement, and any other categories of maintenance that may
12		be designated by the Department.
13		"Offeror" means a person that responds to a request for
14		solicitations proposals under this Act.
15		"Operate" or "operation" means to do one or more of the
16		following: maintain, improve, equip, modify, or otherwise
17		operate.
18		"Person" means any individual, firm, association, joint
19		venture, partnership, estate, trust, syndicate, fiduciary,
20		corporation, or any other legal entity, group, or combination
21		thereof.
22		"Public-private agreement" means an agreement or contract
23		between the Department on behalf of the State and all
24		schedules, exhibits, and attachments thereto, entered into
25		pursuant to a competitive request for solicitations proposals
26		process governed by this Act, for the development, financing,

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1		construction, management, or operation of the Hotel Florence
2		under this Act.
3		"Pullman Factory" means real property in the City of
4		Chicago located within the Pullman State Historic Site that is
5		owned by the Department of Natural Resources and was acquired
6		in 1991, at the addresses 620 and 630 East 111th Street,
7		Chicago, Illinois 60628. The Factory Grounds include the Front
8		Erecting Shop North Factory Wing, Front Erecting Shop South
9		Factory Wing (Ruin), Rear Erecting Shops, Proposed Train Car
10		Display Building, Historic 1911 "Advance" Railroad Passenger
11		Car, Rail Spur Connection, and associated grounds.
12		"Revenues" means all revenues, including, but not limited
13		to, income, user fees, earnings, interest, lease payments,
14		allocations, moneys from the federal government, the State,
15		and units of local government, including, but not limited to,
16		federal, State, and local appropriations, grants, loans, lines
17		of credit, and credit guarantees; bond proceeds; equity
18		investments; service payments; or other receipts arising out
19		of or in connection with the financing, development,
20		construction, management, or operation of the Hotel Florence.
21		"State" means the State of Illinois.
22		(Source: P.A. 103-570, eff. 1-1-24.)
23		(20 ILCS 3407/45-15)
24		Sec. 45-15. Authority to enter public-private agreement.
25		(a) Notwithstanding any provision of law to the contrary,

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1		the Department on behalf of the State may, pursuant to a
2		competitive solicitation request for proposals process
3		governed by the Illinois Procurement Code, rules adopted under
4		that Code, and this Act, enter into a public-private agreement
5		to develop, finance, construct, lease, manage, divest
6		ownership in, and or operate the Hotel Florence and the
7		Pullman Factory on behalf of the State, pursuant to which the
8		contractors may receive certain revenues, including management
9		or user fees in consideration of the payment of moneys to the
10		State for that right. At the discretion of the Department, the
11		Factory Grounds may be included in the public-private
12		agreement.
13		(b) The term of a public-private agreement shall be no
14		less than 25 years and no more than 75 years.
15		(c) The term of a public-private agreement may be
16		extended, but only if the extension is specifically authorized
17		by the General Assembly by law.
18		(Source: P.A. 103-570, eff. 1-1-24.)
19		(20 ILCS 3407/45-20)
20		Sec. 45-20. Prequalification Procurement;
21		prequalification. The Department may establish a process for
22		prequalification of offerors. The Department may enter into
23		agreements with governmental entities and other outside
24		entities to assist in drafting the solicitation and evaluation
25		process as well as develop evaluation criteria for the

HB5511 Enrolled - 110 - LRB103 38791 MXP 68928 b
1		prequalification of offerors. If the Department does create
2		such a process, it shall:
3		(1) provide a public notice of the prequalification at
4		least 30 days prior to the date on which applications are
5		due;
6		(2) set forth requirements and evaluation criteria in
7		order to become prequalified;
8		(3) determine which offerors that have submitted
9		prequalification applications, if any, meet the
10		requirements and evaluation criteria; and
11		(4) allow only those offerors that have been
12		prequalified to respond to the request for solicitations
13		proposals.
14		(Source: P.A. 103-570, eff. 1-1-24.)
15		(20 ILCS 3407/45-25)
16		Sec. 45-25. Request for solicitation proposals process to
17		enter into public-private agreement.
18		(a) Notwithstanding any provision of law to the contrary,
19		the Department on behalf of the State shall select a
20		contractor through a competitive solicitation request for
21		proposals process governed by the Illinois Procurement Code
22		and rules adopted under that Code and this Act. The Department
23		may enter into agreements with governmental entities and other
24		outside entities to assist the Department in drafting,
25		reviewing, and scoring the proposals.

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1		(b) The competitive solicitation request for proposals
2		process shall, at a minimum, solicit statements of
3		qualification and proposals from offerors.
4		(c) The competitive request for solicitation proposals
5		process shall, at a minimum, take into account the following
6		criteria:
7		(1) the offeror's plans for the Hotel Florence
8		project, including, but not limited to, building use,
9		experience, environmental concerns, and a proposed
10		preservation and rehabilitation plan compliant with the
11		Illinois State Agency Historic Preservation Act;
12		(2) the offeror's current and past business practices;
13		(3) the offeror's poor or inadequate past performance
14		in developing, financing, constructing, managing, or
15		operating historic landmark properties or other public
16		assets;
17		(4) the offeror's ability to meet and past performance
18		in meeting or exhausting good faith efforts to meet the
19		utilization goals for business enterprises established in
20		the Business Enterprise for Minorities, Women, and Persons
21		with Disabilities Act;
22		(5) the offeror's ability to comply with and past
23		performance in complying with Section 2-105 of the
24		Illinois Human Rights Act; and
25		(6) the offeror's plans to comply with the Business
26		Enterprise for Minorities, Women, and Persons with

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1		Disabilities Act and Section 2-105 of the Illinois Human
2		Rights Act; and .
3		(7) the offeror's plans for the Pullman Factory.
4		(d) The Department shall not include terms in the request
5		for solicitations proposals that provide an advantage, whether
6		directly or indirectly, to any contractor presently providing
7		goods, services, or equipment to the Department.
8		(e) The Department shall select one or more offerors as
9		finalists.
10		(f) After the procedures required in this Section have
11		been completed, the Department shall make a determination as
12		to whether the offeror should be designated as the contractor
13		for the Hotel Florence project and shall submit the decision
14		to the Governor and to the Governor's Office of Management and
15		Budget. After review of the Department's determination, the
16		Governor may accept or reject the determination. If the
17		Governor accepts the determination of the Department, the
18		Governor shall designate the offeror for the Hotel Florence
19		project.
20		(Source: P.A. 103-570, eff. 1-1-24.)
21		(20 ILCS 3407/45-30)
22		Sec. 45-30. Provisions of the public-private agreement.
23		(a) The public-private agreement shall include all of the
24		following:
25		(1) the term of the public-private agreement that is

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1		consistent with Section 45-40 of this Act;
2		(2) the powers, duties, responsibilities, obligations,
3		and functions of the Department and the contractor;
4		(3) compensation or payments to the Department, if
5		applicable;
6		(4) compensation or payments to the contractor, if
7		applicable;
8		(5) a provision specifying that the Department:
9		(A) has ready access to information regarding the
10		contractor's powers, duties, responsibilities,
11		obligations, and functions under the public-private
12		agreement;
13		(B) has the right to demand and receive
14		information from the contractor concerning any aspect
15		of the contractor's powers, duties, responsibilities,
16		obligations, and functions under the public-private
17		agreement; and
18		(C) has the authority to direct or countermand
19		decisions by the contractor at any time;
20		(6) a provision imposing an affirmative duty on the
21		contractor to provide the Department with any information
22		the contractor reasonably believes the Department would
23		want to know or would need to know to enable the Department
24		to exercise its powers, carry out its duties,
25		responsibilities, and obligations, and perform its
26		functions under this Act or the public-private agreement

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1		or as otherwise required by law;
2		(6.5) a provision that this project will require using
3		guidelines with The Secretary of the Interior's Standards
4		for the Treatment of Historic Properties with Guidelines
5		for Preserving, Rehabilitating, Restoring and
6		Reconstructing Historic Buildings; the period of the
7		original construction (Hotel Florence and grounds from
8		1880 through 1897; and Hotel Annex from 1914 through 1930)
9		should be used to guide the project design and
10		construction;
11		(7) the authority of the Department to enter into
12		contracts with third parties pursuant to Section 45-40;
13		(8) the authority of the Department to request that
14		the contractor reimburse the Department for third party
15		consultants related to the monitoring the project;
16		(9) a provision governing the contractor's authority
17		to negotiate and execute subcontracts with third parties;
18		(10) the authority of the contractor to impose user
19		fees and the amounts of those fees;
20		(11) a provision governing the deposit and allocation
21		of revenues including user fees;
22		(12) a provision governing rights to real and personal
23		property of the State, the Department, the contractor, and
24		other third parties;
25		(13) grounds for termination of the agreement by the
26		Department or the contractor and a restatement of the

HB5511 Enrolled - 115 - LRB103 38791 MXP 68928 b
1		Department's rights under this Act;
2		(14) a requirement that the contractor enter into a
3		project labor agreement;
4		(15) a provision stating that construction contractors
5		shall comply with the requirements of Section 30-22 of the
6		Illinois Procurement Code;
7		(16) rights and remedies of the Department if the
8		contractor defaults or otherwise fails to comply with the
9		terms of the agreement;
10		(17) procedures for amendment to the agreement; and
11		(18) all other terms, conditions, and provisions
12		acceptable to the Department that the Department deems
13		necessary and proper and in the public interest; and .
14		(19) a requirement that the contract complies with the
15		Business Enterprise for Minorities, Women, and Persons
16		with Disabilities Act and Section 2-105 of the Illinois
17		Human Rights Act.
18		(Source: P.A. 103-570, eff. 1-1-24.)
19		(20 ILCS 3407/45-35 rep.)
20		Section 30-10. The Reimagining Hotel Florence Act is
21		amended by repealing Section 45-35.
22		ARTICLE 35.
23		Section 35-5. The Illinois Procurement Code is amended by

HB5511 Enrolled - 116 - LRB103 38791 MXP 68928 b
1		changing Section 45-105 as follows:
2		(30 ILCS 500/45-105)
3		Sec. 45-105. Bid preference for Illinois businesses.
4		(a) (Blank).
5		(b) It is hereby declared to be the public policy of the
6		State of Illinois to promote the economy of Illinois through
7		the use of Illinois businesses for all State construction
8		contracts.
9		(c) Construction agencies procuring construction and
10		construction-related professional services shall make
11		reasonable efforts to contract with Illinois businesses.
12		(d) Beginning in 2022, each construction agency shall
13		submit a report to the Governor and the General Assembly by
14		September 1 of each year that identifies the Illinois
15		businesses procured by the construction agency, the primary
16		location of the construction project, the percentage of the
17		construction agency's utilization of Illinois businesses on
18		the project as a whole, and the actions that the construction
19		agency has undertaken to increase the use of Illinois
20		businesses.
21		(e) In procuring construction and construction-related
22		professional services for projects with a total value that
23		exceeds the small purchase maximum established by Section
24		20-20 of this Code, construction agencies shall provide a bid
25		preference to a responsive and responsible bidder that is an

HB5511 Enrolled - 117 - LRB103 38791 MXP 68928 b
1		Illinois business as defined in this Section. The construction
2		agency shall allocate to the lowest bid by an Illinois
3		business that is responsible and responsive a bid preference
4		of 4% of the contract base bid. This subsection applies only to
5		projects where a business that is not an Illinois business
6		submits a bid.
7		(e-5) The chief procurement officer shall require at the
8		time of submission of a bid, and may require at the chief
9		procurement officer's option at any time during the term of
10		the contract, that the bidder or contractor submit an
11		affidavit and other supporting documents demonstrating that
12		the bidder or contractor is an Illinois business and, if
13		applicable, submit an affidavit and other supporting documents
14		demonstrating that the bidder or contractor is eligible for a
15		4% bid preference under this Section.
16		(e-10) If a contractor who is awarded a contract through
17		the use of a preference for Illinois businesses provided false
18		information in order to obtain that preference, then the
19		contractor is subject to disciplinary procedures as identified
20		in Section 50-65 of this Act.
21		(f) This Section does not apply to any contract for any
22		project for which federal funds are available for expenditure
23		when its provisions may be in conflict with federal law or
24		federal regulation.
25		(g) As used in this Section, "Illinois business" means a
26		contractor that is, for at least one year prior, operating and

HB5511 Enrolled - 118 - LRB103 38791 MXP 68928 b
1		headquartered in Illinois, subject to applicable State taxes,
2		and providing, at the time that an invitation for a bid or
3		notice of contract opportunity is first advertised,
4		construction or construction-related professional services.
5		"Illinois business" includes a foreign corporation duly
6		authorized to transact business in this State that has a bona
7		fide establishment for transacting business within this State
8		where it is operating, headquartered, and performing
9		construction or construction-related professional services at
10		least one year before an invitation for a bid or notice of
11		contract opportunity is first advertised. , and is operating
12		as:
13		(1) a sole proprietor whose primary residence is in
14		Illinois;
15		(2) a business incorporated or organized as a domestic
16		corporation under the Business Corporation Act of 1983;
17		(3) a business organized as a domestic partnership
18		under the Uniform Partnership Act of 1997;
19		(4) a business organized as a domestic limited
20		partnership under the Uniform Limited Partnership Act of
21		2001;
22		(5) a business organized under the Limited Liability
23		Company Act; or
24		(6) a business organized under the Professional
25		Limited Liability Company Act.
26		"Illinois business" does not include any subcontractors or

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1		businesses headquartered outside of the State that have an
2		affiliated entity operating in the State.
3		(Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
4		ARTICLE 45.
5		Section 45-5. The Illinois Procurement Code is amended by
6		changing Section 50-10.5 as follows:
7		(30 ILCS 500/50-10.5)
8		Sec. 50-10.5. Prohibited bidders, offerors, potential
9		contractors, and contractors.
10		(a) Unless otherwise provided, no business shall bid,
11		offer, enter into a contract or subcontract under this Code,
12		or make a submission to a vendor portal if the business or any
13		officer, director, partner, or other managerial agent of the
14		business has been convicted of a felony under the
15		Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
16		the Illinois Securities Law of 1953 for a period of 5 years
17		from the date of conviction.
18		(b) Every bid and offer submitted to the State, every
19		contract executed by the State, every vendor's submission to a
20		vendor portal, and every subcontract subject to Section 20-120
21		of this Code shall contain a certification by the bidder,
22		offeror, potential contractor, contractor, or subcontractor,
23		respectively, that the bidder, offeror, potential contractor,

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1		contractor, or subcontractor is not barred from being awarded
2		a contract or subcontract under this Section and acknowledges
3		that the chief procurement officer shall declare the related
4		contract void if any of the certifications completed pursuant
5		to this subsection (b) are false. If the false certification
6		is made by a subcontractor, then the contractor's submitted
7		bid or offer and the executed contract may not be declared
8		void, unless the contractor refuses to terminate the
9		subcontract upon the State's request after a finding that the
10		subcontract's certification was false.
11		(c) If a business is not a natural person, the prohibition
12		in subsection (a) applies only if:
13		(1) the business itself is convicted of a felony
14		referenced in subsection (a); or
15		(2) the business is ordered to pay punitive damages
16		based on the conduct of any officer, director, partner, or
17		other managerial agent who has been convicted of a felony
18		referenced in subsection (a).
19		(d) A natural person who is convicted of a felony
20		referenced in subsection (a) remains subject to Section 50-10.
21		(e) No person or business shall bid, offer, make a
22		submission to a vendor portal, or enter into a contract under
23		this Code if the person or business assisted an employee of the
24		State of Illinois, who, by the nature of his or her duties, has
25		the authority to participate personally and substantially in
26		the decision to award a State contract, by reviewing,

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1		drafting, directing, or preparing any invitation for bids, a
2		request for proposal, or request for information or provided
3		similar assistance except as part of a publicly issued
4		opportunity to review drafts of all or part of these
5		documents.
6		This subsection does not prohibit a person or business
7		from submitting a bid or offer or entering into a contract if
8		the person or business: (i) initiates a communication with an
9		employee to provide general information about products,
10		services, or industry best practices, (ii) responds to a
11		communication initiated by an employee of the State for the
12		purposes of providing information to evaluate new products,
13		trends, services, or technologies, or (iii) asks for
14		clarification regarding a solicitation, so long as there is no
15		competitive advantage to the person or business and the
16		question and answer, if material, are posted to the Illinois
17		Procurement Bulletin as an addendum to the solicitation.
18		Nothing in this Section prohibits a vendor developing
19		technology, goods, or services from bidding or offering to
20		supply that technology or those goods or services if the
21		subject demonstrated to the State represents industry trends
22		and innovation and is not specifically designed to meet the
23		State's needs.
24		Nothing in this Section prohibits a person performing
25		construction-related services from initiating contact with a
26		business that performs construction for the purpose of

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1		obtaining market costs or production time to determine the
2		estimated costs to complete the construction project.
3		For purposes of this subsection (e), "business" includes
4		all individuals with whom a business is affiliated, including,
5		but not limited to, any officer, agent, employee, consultant,
6		independent contractor, director, partner, or manager of a
7		business.
8		No person or business shall submit specifications to a
9		State agency unless requested to do so by an employee of the
10		State. No person or business who contracts with a State agency
11		to write specifications for a particular procurement need
12		shall submit a bid or proposal or receive a contract for that
13		procurement need.
14		Nothing in this subsection (e) shall prohibit a person or
15		business from submitting an unsolicited proposal under Section
16		19 of the Public-Private Partnerships for Transportation Act.
17		(Source: P.A. 100-43, eff. 8-9-17.)
18		ARTICLE 50.
19		Section 50-5. The Business Enterprise for Minorities,
20		Women, and Persons with Disabilities Act is amended by
21		changing Sections 2, 5, and 8 and by adding Section 3.5 as
22		follows:
23		(30 ILCS 575/2)

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1		(Section scheduled to be repealed on June 30, 2029)
2		Sec. 2. Definitions.
3		(A) For the purpose of this Act, the following terms shall
4		have the following definitions:
5		(1) "Minority person" shall mean a person who is a
6		citizen or lawful permanent resident of the United States
7		and who is any of the following:
8		(a) American Indian or Alaska Native (a person
9		having origins in any of the original peoples of North
10		and South America, including Central America, and who
11		maintains tribal affiliation or community attachment).
12		(b) Asian (a person having origins in any of the
13		original peoples of the Far East, Southeast Asia, or
14		the Indian subcontinent, including, but not limited
15		to, Cambodia, China, India, Japan, Korea, Malaysia,
16		Pakistan, the Philippine Islands, Thailand, and
17		Vietnam).
18		(c) Black or African American (a person having
19		origins in any of the black racial groups of Africa).
20		(d) Hispanic or Latino (a person of Cuban,
21		Mexican, Puerto Rican, South or Central American, or
22		other Spanish culture or origin, regardless of race).
23		(e) Native Hawaiian or Other Pacific Islander (a
24		person having origins in any of the original peoples
25		of Hawaii, Guam, Samoa, or other Pacific Islands).
26		(2) "Woman" shall mean a person who is a citizen or

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1		lawful permanent resident of the United States and who is
2		of the female gender.
3		(2.05) "Person with a disability" means a person who
4		is a citizen or lawful resident of the United States and is
5		a person qualifying as a person with a disability under
6		subdivision (2.1) of this subsection (A).
7		(2.1) "Person with a disability" means a person with a
8		severe physical or mental disability that:
9		(a) results from:
10		amputation,
11		arthritis,
12		autism,
13		blindness,
14		burn injury,
15		cancer,
16		cerebral palsy,
17		Crohn's disease,
18		cystic fibrosis,
19		deafness,
20		head injury,
21		heart disease,
22		hemiplegia,
23		hemophilia,
24		respiratory or pulmonary dysfunction,
25		an intellectual disability,
26		mental illness,

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1		multiple sclerosis,
2		muscular dystrophy,
3		musculoskeletal disorders,
4		neurological disorders, including stroke and
5		epilepsy,
6		paraplegia,
7		quadriplegia and other spinal cord conditions,
8		sickle cell anemia,
9		ulcerative colitis,
10		specific learning disabilities, or
11		end stage renal failure disease; and
12		(b) substantially limits one or more of the
13		person's major life activities.
14		Another disability or combination of disabilities may
15		also be considered as a severe disability for the purposes
16		of item (a) of this subdivision (2.1) if it is determined
17		by an evaluation of rehabilitation potential to cause a
18		comparable degree of substantial functional limitation
19		similar to the specific list of disabilities listed in
20		item (a) of this subdivision (2.1).
21		(3) "Minority-owned business" means a business which
22		is at least 51% owned by one or more minority persons, or
23		in the case of a corporation, at least 51% of the stock in
24		which is owned by one or more minority persons; and the
25		management and daily business operations of which are
26		controlled by one or more of the minority individuals who

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1		own it.
2		(4) "Women-owned business" means a business which is
3		at least 51% owned by one or more women, or, in the case of
4		a corporation, at least 51% of the stock in which is owned
5		by one or more women; and the management and daily
6		business operations of which are controlled by one or more
7		of the women who own it.
8		(4.1) "Business owned by a person with a disability"
9		means a business that is at least 51% owned by one or more
10		persons with a disability and the management and daily
11		business operations of which are controlled by one or more
12		of the persons with disabilities who own it. A
13		not-for-profit agency for persons with disabilities that
14		is exempt from taxation under Section 501 of the Internal
15		Revenue Code of 1986 is also considered a "business owned
16		by a person with a disability".
17		(4.2) "Council" means the Business Enterprise Council
18		for Minorities, Women, and Persons with Disabilities
19		created under Section 5 of this Act.
20		(4.3) "Commission" means, unless the context clearly
21		indicates otherwise, the Commission on Equity and
22		Inclusion created under the Commission on Equity and
23		Inclusion Act.
24		(4.4) "Certified vendor" means a minority-owned
25		business, women-owned business, or business owned by a
26		person with a disability that is certified by the Business

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1		Enterprise Program.
2		(4.5) "Subcontractor" means a person or entity that
3		enters into a contractual agreement with a prime vendor to
4		provide, on behalf of the prime vendor, goods, services,
5		real property, or remuneration or other monetary
6		consideration that is the subject of the primary State
7		contract. "Subcontractor" includes a sublessee under a
8		State contract.
9		(4.6) "Prime vendor" means any person or entity having
10		a contract that is subject to this Act with a State agency
11		or public institution of higher education.
12		(5) "State contracts" means all contracts entered into
13		by the State, any agency or department thereof, or any
14		public institution of higher education, including
15		community college districts, regardless of the source of
16		the funds with which the contracts are paid, which are not
17		subject to federal reimbursement. "State contracts" does
18		not include contracts awarded by a retirement system,
19		pension fund, or investment board subject to Section
20		1-109.1 of the Illinois Pension Code. This definition
21		shall control over any existing definition under this Act
22		or applicable administrative rule.
23		"State construction contracts" means all State
24		contracts entered into by a State agency or public
25		institution of higher education for the repair,
26		remodeling, renovation or construction of a building or

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1		structure, or for the construction or maintenance of a
2		highway defined in Article 2 of the Illinois Highway Code.
3		(6) "State agencies" shall mean all departments,
4		officers, boards, commissions, institutions and bodies
5		politic and corporate of the State, but does not include
6		the Board of Trustees of the University of Illinois, the
7		Board of Trustees of Southern Illinois University, the
8		Board of Trustees of Chicago State University, the Board
9		of Trustees of Eastern Illinois University, the Board of
10		Trustees of Governors State University, the Board of
11		Trustees of Illinois State University, the Board of
12		Trustees of Northeastern Illinois University, the Board of
13		Trustees of Northern Illinois University, the Board of
14		Trustees of Western Illinois University, municipalities or
15		other local governmental units, or other State
16		constitutional officers.
17		(7) "Public institutions of higher education" means
18		the University of Illinois, Southern Illinois University,
19		Chicago State University, Eastern Illinois University,
20		Governors State University, Illinois State University,
21		Northeastern Illinois University, Northern Illinois
22		University, Western Illinois University, the public
23		community colleges of the State, and any other public
24		universities, colleges, and community colleges now or
25		hereafter established or authorized by the General
26		Assembly.

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1		(8) "Certification" means a determination made by the
2		Council or by one delegated authority from the Council to
3		make certifications, or by a State agency with statutory
4		authority to make such a certification, that a business
5		entity is a business owned by a minority, woman, or person
6		with a disability for whatever purpose. A business owned
7		and controlled by women shall be certified as a
8		"woman-owned business". A business owned and controlled by
9		women who are also minorities shall be certified as both a
10		"women-owned business" and a "minority-owned business".
11		(9) "Control" means the exclusive or ultimate and sole
12		control of the business including, but not limited to,
13		capital investment and all other financial matters,
14		property, acquisitions, contract negotiations, legal
15		matters, officer-director-employee selection and
16		comprehensive hiring, operating responsibilities,
17		cost-control matters, income and dividend matters,
18		financial transactions and rights of other shareholders or
19		joint partners. Control shall be real, substantial and
20		continuing, not pro forma. Control shall include the power
21		to direct or cause the direction of the management and
22		policies of the business and to make the day-to-day as
23		well as major decisions in matters of policy, management
24		and operations. Control shall be exemplified by possessing
25		the requisite knowledge and expertise to run the
26		particular business and control shall not include simple

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1		majority or absentee ownership.
2		(10) "Business" means a business that has annual gross
3		sales of less than $150,000,000 as evidenced by the
4		federal income tax return of the business. A certified
5		vendor with gross sales in excess of this cap may apply to
6		the Council for certification for a particular contract if
7		the vendor can demonstrate that the contract would have
8		significant impact on businesses owned by minorities,
9		women, or persons with disabilities as suppliers or
10		subcontractors or in employment of minorities, women, or
11		persons with disabilities. Firms with gross sales in
12		excess of this cap that are granted certification by the
13		Council shall be granted certification for the life of the
14		contract, including available renewals.
15		(11) "Utilization plan" means an attachment that is
16		made to all bids or proposals and that demonstrates the
17		bidder's or offeror's efforts to meet the
18		contract-specific Business Enterprise Program goal. The
19		utilization plan shall indicate whether the prime vendor
20		intends to meet the Business Enterprise Program goal
21		through its own performance, if it is a certified vendor,
22		or through the use of subcontractors that are certified
23		vendors. The utilization plan shall demonstrate that the
24		Vendor has either: (1) met the entire contract goal or (2)
25		requested a full or partial waiver of the contract goal.
26		If the prime vendor intends to use a subcontractor that is

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1		a certified vendor to fulfill the contract goal, a
2		participation agreement executed between the prime vendor
3		and the certified subcontractor must be included with the
4		utilization plan.
5		(12) "Business Enterprise Program" means the Business
6		Enterprise Program of the Commission on Equity and
7		Inclusion.
8		(13) "Good faith effort" means actions undertaken by a
9		vendor to achieve a contract specific Business Enterprise
10		Program goal that, by scope, intensity, and
11		appropriateness to the objective, can reasonably be
12		expected to fulfill the program's requirements.
13		(14) "Goal" means the participation levels of
14		certified vendors on State contracts.
15		(B) When a business is owned at least 51% by any
16		combination of minority persons, women, or persons with
17		disabilities, even though none of the 3 classes alone holds at
18		least a 51% interest, the ownership requirement for purposes
19		of this Act is considered to be met. The certification
20		category for the business is that of the class holding the
21		largest ownership interest in the business. If 2 or more
22		classes have equal ownership interests, the certification
23		category shall be determined by the business.
24		(Source: P.A. 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23;
25		103-570, eff. 1-1-24.)

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1		(30 ILCS 575/3.5 new)
2		Sec. 3.5. Uniform standard of contract goals.
3		(a) The Business Enterprise Program may establish uniform
4		standards for calculating contract specific Business
5		Enterprise Program goals for all State contracts and State
6		construction contracts subject to this Act. In establishing
7		those standards, the Business Enterprise Program may consider
8		normal industry practice, the scope of the work to be
9		performed under a contract, the availability of vendors that
10		are able to perform the scope of the work to be performed under
11		a contract, the availability of certified vendors that are
12		able to perform the work to be performed under a contract, and
13		the State's progress to date toward meeting the aspirational
14		goals set forth in this Act.
15		(b) Each State agency that is subject to this Act and each
16		public institution of higher education that is subject to this
17		Act may, in accordance with the provisions of this Act, set
18		goals concerning participation in State contracts, including
19		State construction contracts, to which the State agency or
20		public institution of higher education is party. Goals
21		involving State contracts above the small purchase threshold,
22		as defined in Section 20-20 of the Illinois Procurement Code,
23		may be submitted to the Business Enterprise Program for
24		approval, denial, or modification.
25		(c) As used in this Section, the terms "State contract"
26		and "State construction contract" do not include grants from

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1		State agencies to grantees for capital improvements or
2		operational expenses.
3		(30 ILCS 575/5) (from Ch. 127, par. 132.605)
4		(Section scheduled to be repealed on June 30, 2029)
5		Sec. 5. Business Enterprise Council.
6		(1) To help implement, monitor, and enforce the goals of
7		this Act, there is created the Business Enterprise Council for
8		Minorities, Women, and Persons with Disabilities, hereinafter
9		referred to as the Council, composed of the Chairperson of the
10		Commission on Equity and Inclusion, the Secretary of Human
11		Services and the Directors of the Department of Human Rights,
12		the Department of Commerce and Economic Opportunity, the
13		Department of Central Management Services, the Department of
14		Transportation and the Capital Development Board, or their
15		duly appointed representatives, with the Comptroller, or his
16		or her designee, serving as an advisory member of the Council.
17		Ten individuals representing businesses that are
18		minority-owned, women-owned, or owned by persons with
19		disabilities, 2 individuals representing the business
20		community, and a representative of public institutions of
21		higher education shall be appointed by the Governor. These
22		members shall serve 2-year terms and shall be eligible for
23		reappointment. Any vacancy occurring on the Council shall also
24		be filled by the Governor. Any member appointed to fill a
25		vacancy occurring prior to the expiration of the term for

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1		which his or her predecessor was appointed shall be appointed
2		for the remainder of such term. Members of the Council shall
3		serve without compensation but shall be reimbursed for any
4		ordinary and necessary expenses incurred in the performance of
5		their duties.
6		The Chairperson of the Commission shall serve as the
7		Council chairperson and shall select, subject to approval of
8		the Council, a Secretary responsible for the operation of the
9		program who shall serve as the Division Manager of the
10		Business Enterprise for Minorities, Women, and Persons with
11		Disabilities Division of the Commission on Equity and
12		Inclusion.
13		The Director of each State agency and the chief executive
14		officer of each public institution of higher education shall
15		appoint a liaison to the Council. The liaison shall be
16		responsible for submitting to the Council any reports and
17		documents necessary under this Act.
18		(2) The Council's authority and responsibility shall be
19		to:
20		(a) Devise a certification procedure to assure that
21		businesses taking advantage of this Act are legitimately
22		classified as businesses owned by minorities, women, or
23		persons with disabilities and a registration procedure to
24		recognize, without additional evidence of Business
25		Enterprise Program eligibility, the certification of
26		businesses owned by minorities, women, or persons with

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1		disabilities certified by the City of Chicago, Cook
2		County, or other jurisdictional programs with requirements
3		and procedures equaling or exceeding those in this Act.
4		(b) Maintain a list of all businesses legitimately
5		classified as businesses owned by minorities, women, or
6		persons with disabilities to provide to State agencies and
7		public institutions of higher education.
8		(c) Review rules and regulations for the
9		implementation of the program for businesses owned by
10		minorities, women, and persons with disabilities.
11		(d) Review compliance plans submitted by each State
12		agency and public institution of higher education pursuant
13		to this Act.
14		(e) Make annual reports as provided in Section 8f to
15		the Governor and the General Assembly on the status of the
16		program.
17		(f) Serve as a central clearinghouse for information
18		on State contracts, including the maintenance of a list of
19		all pending State contracts upon which businesses owned by
20		minorities, women, and persons with disabilities may bid.
21		At the Council's discretion, maintenance of the list may
22		include 24-hour electronic access to the list along with
23		the bid and application information.
24		(g) Establish a toll-free telephone number to
25		facilitate information requests concerning the
26		certification process and pending contracts.

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

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

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1		encouraging the inclusions of qualified businesses owned
2		by minorities, women, and persons with disabilities on
3		solicitation lists, (ii) investigating the potential of
4		blanket bonding programs for small construction jobs, and
5		(iii) investigating and making recommendations concerning
6		the use of the sheltered market process.
7		(e) To devise procedures for the waiver of the
8		participation goals in appropriate circumstances.
9		(f) To accept donations and, with the approval of the
10		Council or the Chairperson of the Commission on Equity and
11		Inclusion, grants related to the purposes of this Act; to
12		conduct seminars related to the purpose of this Act and to
13		charge reasonable registration fees; and to sell
14		directories, vendor lists, and other such information to
15		interested parties, except that forms necessary to become
16		eligible for the program shall be provided free of charge
17		to a business or individual applying for the Business
18		Enterprise Program.
19		(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
20		102-29, eff. 6-25-21; 102-558, eff. 8-20-21; 102-721, eff.
21		1-1-23.)
22		(30 ILCS 575/8) (from Ch. 127, par. 132.608)
23		(Section scheduled to be repealed on June 30, 2029)
24		Sec. 8. Enforcement.
25		(1) The Commission on Equity and Inclusion shall make such

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1		findings, recommendations and proposals to the Governor as are
2		necessary and appropriate to enforce this Act. If, as a result
3		of its monitoring activities, the Commission determines that
4		its goals and policies are not being met by any State agency or
5		public institution of higher education, the Commission may
6		recommend any or all of the following actions:
7		(a) Establish enforcement procedures whereby the
8		Commission may recommend to the appropriate State agency,
9		public institutions of higher education, or law
10		enforcement officer that legal or administrative remedies
11		be initiated for violations of contract provisions or
12		rules issued hereunder or by a contracting State agency or
13		public institutions of higher education. State agencies
14		and public institutions of higher education shall be
15		authorized to adopt remedies for such violations which
16		shall include (1) termination of the contract involved,
17		(2) prohibition of participation of the respondents in
18		public contracts for a period not to exceed one year, (3)
19		imposition of a penalty not to exceed any profit acquired
20		as a result of violation, or (4) any combination thereof.
21		(b) If the Commission concludes that a compliance plan
22		submitted under Section 6 is unlikely to produce the
23		participation goals for businesses owned by minorities,
24		women, and persons with disabilities within the then
25		current fiscal year, the Commission may recommend that the
26		State agency or public institution of higher education

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1		revise its plan to provide additional opportunities for
2		participation by businesses owned by minorities, women,
3		and persons with disabilities. Such recommended revisions
4		may include, but shall not be limited to, the following:
5		(i) assurances of stronger and better focused
6		solicitation efforts to obtain more businesses owned
7		by minorities, women, and persons with disabilities as
8		potential sources of supply;
9		(ii) division of the scope of work job or project
10		requirements, when economically feasible, into tasks
11		or quantities to permit participation of businesses
12		owned by minorities, women, and persons with
13		disabilities;
14		(iii) elimination of extended experience or
15		capitalization requirements, when programmatically
16		feasible, to permit participation of businesses owned
17		by minorities, women, and persons with disabilities;
18		(iv) identification of specific proposed contracts
19		as particularly attractive or appropriate for
20		participation by businesses owned by minorities,
21		women, and persons with disabilities, such
22		identification to result from and be coupled with the
23		efforts of subparagraphs (i) through (iii);
24		(v) implementation of those regulations
25		established for the use of the sheltered market
26		process.

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1		(2) State agencies and public institutions of higher
2		education shall monitor a vendor's compliance with its
3		utilization plan and the terms of its contract. Without
4		limitation, a vendor's failure to comply with its contractual
5		commitments as contained in the utilization plan; failure to
6		cooperate in providing information regarding its compliance
7		with its utilization plan; or the provision of false or
8		misleading information or statements concerning compliance,
9		certification status, or eligibility of the Business
10		Enterprise Program-certified vendor, good faith efforts, or
11		any other material fact or representation shall constitute a
12		material breach of the contract and entitle the State agency
13		or public institution of higher education to declare a
14		default, terminate the contract, or exercise those remedies
15		provided for in the contract, at law, or in equity.
16		(3) Prior to the expiration or termination of a contract,
17		State agencies and public institutions of higher education
18		shall evaluate the contractor's fulfillment of the contract
19		goals for participation by certified businesses owned by
20		minorities, women, and persons with disabilities. The agency
21		or public institution of higher education shall prepare a
22		report of the vendor's compliance with the contract goals and
23		file it with the Secretary. If the Secretary determines that
24		the vendor did not fulfill the contract goals, the vendor
25		shall be in breach of the contract and may be subject to
26		remedies or sanctions, unless the vendor can show that it made

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1		good faith efforts to meet the contract goals. Such remedies
2		or sanctions for failing to make good faith efforts may
3		include (i) disqualification of the contractor from doing
4		business with the State for a period of no more than one year
5		or (ii) cancellation, without any penalty to the State, of any
6		contract entered into by the vendor. The Business Enterprise
7		Program shall develop procedures for determining whether a
8		vendor has made good faith efforts to meet the contract goals
9		upon the expiration or termination of a contract.
10		(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
11		ARTICLE 55.
12		Section 55-5. The Public Contract Fraud Act is amended by
13		changing Section 2 as follows:
14		(30 ILCS 545/2) (from Ch. 127, par. 132.52)
15		Sec. 2. Spending money without obtaining title to land;
16		approval of title by Attorney General.
17		(a) Except as otherwise provided in Section 2 of the
18		Superconducting Super Collider Act or for projects constructed
19		under the Bikeway Act, any person or persons, commissioner or
20		commissioners, or other officer or officers, entrusted with
21		the construction or repair of any public work or improvement,
22		as set forth in Section 1, who shall expend or cause to be
23		expended upon such public work or improvement, the whole or

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1		any part of the moneys appropriated therefor, or who shall
2		commence work, or in any way authorize work to be commenced,
3		thereon, without first having obtained a title, by purchase,
4		donation, condemnation or otherwise, to all lands needed for
5		such public work or improvement, running to the People of the
6		State of Illinois; such title to be approved by the Attorney
7		General, and his approval certified by the Secretary of State
8		and placed on record in his office, shall be deemed guilty of a
9		Class A misdemeanor.
10		(b) Approval of title by the Attorney General for all
11		lands needed for a public work or improvement shall not be
12		required as established under subsection (a) of this Section
13		and the State Comptroller may draw warrant in payment of
14		consideration for all such lands without requiring approval of
15		title by the Attorney General if consideration to be paid does
16		not exceed $25,000 $10,000 and the title acquired for such
17		lands is for:
18		(1) a fee simple title or easement acquired by the
19		State for highway right-of-way; or
20		(2) an acquisition of rights or easements of access,
21		crossing, light, air or view to, from or over a freeway
22		vested in abutting property; or
23		(3) a fee simple title or easement used to place
24		utility lines and connect a permanent public work or
25		improvement owned by the State to main utility lines; or
26		(4) for the purpose of flood relief or other water

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1		resource projects.
2		(c) This Section does not apply to any otherwise lawful
3		expenditures for the construction, completion, remodeling,
4		maintenance and equipment of buildings and other facilities
5		made in connection with and upon premises owned by the
6		Illinois Building Authority, nor shall this Section apply to
7		improvements to real estate leased by any State agency as
8		defined in the Illinois State Auditing Act, provided the
9		leasehold improvements were contracted for by an agency with
10		leasing authority and in compliance with the rules and
11		regulations promulgated by such agency for that purpose.
12		(Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)
13		ARTICLE 60.
14		Section 60-5. The Metropolitan Water Reclamation District
15		Act is amended by changing Sections 11.3 and 11.5 as follows:
16		(70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
17		Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
18		all purchase orders or contracts involving amounts in excess
19		of the mandatory competitive bid threshold and made by or on
20		behalf of the sanitary district for labor, services or work,
21		the purchase, lease or sale of personal property, materials,
22		equipment or supplies, or the granting of any concession,
23		shall be let by free and open competitive bidding after

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1		advertisement, to the lowest responsible bidder or to the
2		highest responsible bidder, as the case may be, depending upon
3		whether the sanitary district is to expend or receive money.
4		All such purchase orders or contracts which shall involve
5		amounts that will not exceed the mandatory competitive bid
6		threshold, shall also be let in the manner prescribed above
7		whenever practicable, except that after solicitation of bids,
8		such purchase orders or contracts may be let in the open
9		market, in a manner calculated to insure the best interests of
10		the public. The provisions of this section are subject to any
11		contrary provisions contained in "An Act concerning the use of
12		Illinois mined coal in certain plants and institutions", filed
13		July 13, 1937, as heretofore and hereafter amended. For
14		purposes of this Section, the "mandatory competitive bid
15		threshold" is a dollar amount equal to 0.1% of the total
16		general fixed assets of the district as reported in the most
17		recent required audit report. In no event, however, shall the
18		mandatory competitive bid threshold dollar amount be less than
19		$60,000 $10,000 or more than $40,000.
20		If a unit of local government performs non-emergency
21		construction, alteration, repair, improvement, or maintenance
22		work on the public way, the sanitary district may enter into an
23		intergovernmental agreement with the unit of local government
24		allowing similar construction work to be performed by the
25		sanitary district on the same project, in an amount no greater
26		than $100,000, to save taxpayer funds and eliminate

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1		duplication of government effort. The sanitary district and
2		the other unit of local government shall, before work is
3		performed by either unit of local government on a project,
4		adopt a resolution by a majority vote of both governing bodies
5		certifying work will occur at a specific location, the reasons
6		why both units of local government require work to be
7		performed in the same location, and the projected cost savings
8		if work is performed by both units of local government on the
9		same project. Officials or employees of the sanitary district
10		may, if authorized by resolution, purchase in the open market
11		any supplies, materials, equipment, or services for use within
12		the project in an amount no greater than $100,000 without
13		advertisement or without filing a requisition or estimate. A
14		full written account of each project performed by the sanitary
15		district and a requisition for the materials, supplies,
16		equipment, and services used by the sanitary district required
17		to complete the project must be submitted by the officials or
18		employees authorized to make purchases to the board of
19		trustees of the sanitary district no later than 30 days after
20		purchase. The full written account must be available for
21		public inspection for at least one year after expenditures are
22		made.
23		Notwithstanding the provisions of this Section, the
24		sanitary district is expressly authorized to establish such
25		procedures as it deems appropriate to comply with state or
26		federal regulations as to affirmative action and the

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1		utilization of small and minority businesses in construction
2		and procurement contracts.
3		(Source: P.A. 100-882, eff. 8-14-18.)
4		(70 ILCS 2605/11.5) (from Ch. 42, par. 331.5)
5		Sec. 11.5. In the event of an emergency affecting the
6		public health or safety, so declared by action of the board of
7		trustees, which declaration shall describe the nature of the
8		injurious effect upon the public health or safety, contracts
9		may be let to the extent necessary to resolve such emergency
10		without public advertisement. The declaration shall fix the
11		date upon which such emergency shall terminate. The date may
12		be extended or abridged by the board of trustees as in its
13		judgment the circumstances require.
14		The executive director appointed in accordance with
15		Section 4 of this Act shall authorize in writing and certify to
16		the director of procurement and materials management those
17		officials or employees of the several departments of the
18		sanitary district who may purchase in the open market without
19		filing a requisition or estimate therefor, and without
20		advertisement, any supplies, materials, equipment or services,
21		for immediate delivery to meet bona fide operating emergencies
22		where the amount thereof is not in excess of $100,000 $50,000;
23		provided, that the director of procurement and materials
24		management shall be notified of such emergency. A full written
25		account of any such emergency together with a requisition for

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1		the materials, supplies, equipment or services required
2		therefor shall be submitted immediately by the requisitioning
3		agent to the executive director and such report and
4		requisition shall be submitted to the director of procurement
5		and materials management and shall be open to public
6		inspection for a period of at least one year subsequent to the
7		date of such emergency purchase. The exercise of authority in
8		respect to purchases for such bona fide operating emergencies
9		shall not be dependent upon a declaration of emergency by the
10		board of trustees under the first paragraph of this Section.
11		(Source: P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09.)
12		ARTICLE 65.
13		Section 65-5. The Illinois Procurement Code is amended by
14		changing Section 45-105 as follows:
15		(30 ILCS 500/45-105)
16		Sec. 45-105. Bid preference for Illinois businesses.
17		(a) (Blank).
18		(b) It is hereby declared to be the public policy of the
19		State of Illinois to promote the economy of Illinois through
20		the use of Illinois businesses for all State construction
21		contracts.
22		(c) A construction agency, as defined in Section 1-15.25,
23		Construction agencies procuring construction and

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1		construction-related professional services shall make
2		reasonable efforts to contract with Illinois businesses.
3		(d) Each Beginning in 2022, each construction agency shall
4		submit a report to the Governor and the General Assembly by
5		December September 1 of each year that identifies the Illinois
6		businesses procured by the construction agency, the primary
7		location of the construction project, the percentage of the
8		construction agency's utilization of Illinois businesses on
9		the project as a whole, and the actions that the construction
10		agency has undertaken to increase the use of Illinois
11		businesses.
12		(e) In procuring construction and construction-related
13		professional services for projects with a total value that
14		exceeds the small purchase maximum established by Section
15		20-20 of this Code, construction agencies shall provide a bid
16		preference to a responsive and responsible bidder that is an
17		Illinois business as defined in this Section. The construction
18		agency shall allocate to the lowest bid by an Illinois
19		business that is responsible and responsive a bid preference
20		of 4% of the contract base bid. This subsection applies only to
21		projects where a business that is not an Illinois business
22		submits a bid.
23		(f) This Section does not apply to any contract for any
24		project for which federal funds are available for expenditure
25		when its provisions may be in conflict with federal law or
26		federal regulation.

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1		(g) As used in this Section, "Illinois business" means a
2		contractor that is operating and headquartered in Illinois and
3		providing, at the time that an invitation for a bid or notice
4		of contract opportunity is first advertised, construction or
5		construction-related professional services, and is operating
6		as:
7		(1) a sole proprietor whose primary residence is in
8		Illinois;
9		(2) a business incorporated or organized as a domestic
10		corporation under the Business Corporation Act of 1983;
11		(3) a business organized as a domestic partnership
12		under the Uniform Partnership Act of 1997;
13		(4) a business organized as a domestic limited
14		partnership under the Uniform Limited Partnership Act of
15		2001;
16		(5) a business organized under the Limited Liability
17		Company Act; or
18		(6) a business organized under the Professional
19		Limited Liability Company Act.
20		"Illinois business" does not include any subcontractors.
21		(Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
22		ARTICLE 70.
23		Section 70-5. The Governmental Joint Purchasing Act is
24		amended by changing Section 4 as follows:

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1		(30 ILCS 525/4) (from Ch. 85, par. 1604)
2		Sec. 4. Bids, offers, and small purchases. The purchases
3		of all personal property, supplies and services under this
4		Act, except for small purchases, shall be based on competitive
5		solicitations unless, for purchases made pursuant to
6		subsection (a) of Section 2 of this Act, it is the
7		determination of the applicable chief procurement officer that
8		it is impractical to obtain competition. Purchases pursuant to
9		this Section shall follow the same procedures used for
10		competitive solicitations made pursuant to the Illinois
11		Procurement Code when the State is a party to the joint
12		purchase. For purchases made pursuant to subsection (a) of
13		Section 2 of this Act where the applicable chief procurement
14		officer makes the determination that it is impractical to
15		obtain competition, purchases shall either follow the same
16		procedure used for sole source procurements in Section 20-25
17		of the Illinois Procurement Code or the same procedure used
18		for emergency purchases in Section 20-30 of the Illinois
19		Procurement Code. For purchases pursuant to subsection (a) of
20		Section 2, bids and offers shall be solicited by public notice
21		inserted at least once in a newspaper of general circulation
22		in one of the counties where the materials are to be used and
23		at least 5 calendar days before the final date of submitting
24		bids or offers, except as otherwise provided in this Section.
25		Where the State of Illinois is a party to the joint purchase

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1		agreement, public notice soliciting the bids or offers shall
2		be published in the appropriate volume of the Illinois
3		Procurement Bulletin. Such notice shall include a general
4		description of the supplies or services to be purchased and
5		shall state where specifications may be obtained and the time
6		and place for the opening of bids and offers. The governmental
7		unit conducting the competitive procurement process may also
8		solicit sealed bids or offers by sending requests by mail to
9		potential contractors and by posting notices on a public
10		bulletin board in its office. Small purchases pursuant to this
11		Section shall follow the same procedure used for small
12		purchases in Section 20-20 of the Illinois Procurement Code.
13		All purchases, orders or contracts shall be awarded to the
14		lowest responsible bidder or highest-ranked offeror, as ranked
15		by the cooperative purchasing program, or, if not ranked by
16		the cooperative purchasing program then by the purchasing
17		governmental unit, when the purchasing governmental unit
18		determines that the selected contract best meets the
19		governmental unit's needs, taking into consideration the
20		qualities of the articles or services supplied, their
21		conformity with the specifications, their suitability to the
22		requirements of the participating governmental units and the
23		delivery terms. A governmental unit may purchase a supply or
24		service that is available on contracts from multiple
25		contractors if the governmental unit determines that the
26		selected contract best meets the governmental unit's needs.

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1		Where the State of Illinois is not a party, all bids or
2		offers may be rejected and new bids or offers solicited if one
3		or more of the participating governmental units believes the
4		public interest may be served thereby. Each bid or offer, with
5		the name of the bidder or offeror, shall be entered on a
6		record, which record with the successful bid or offer,
7		indicated thereon shall, after the award of the purchase or
8		order or contract, be open to public inspection. A copy of all
9		contracts shall be filed with the purchasing office or clerk
10		or secretary of each participating governmental unit.
11		(Source: P.A. 100-43, eff. 8-9-17.)
12		ARTICLE 75.
13		Section 75-5. The Commission on Equity and Inclusion Act
14		is amended by changing Section 40-10 as follows:
15		(30 ILCS 574/40-10)
16		Sec. 40-10. Powers and duties. In addition to the other
17		powers and duties which may be prescribed in this Act or
18		elsewhere, the Commission shall have the following powers and
19		duties:
20		(1) The Commission shall have a role in all State and
21		university procurement by facilitating and streamlining
22		communications between the Business Enterprise Council for
23		Minorities, Women, and Persons with Disabilities, the

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1		purchasing entities, the Chief Procurement Officers, and
2		others.
3		(2) The Commission may create a scoring evaluation for
4		State agency directors, public university presidents and
5		chancellors, and public community college presidents. The
6		scoring shall be based on the following 3 principles: (i)
7		increasing capacity; (ii) growing revenue; and (iii)
8		enhancing credentials. These principles should be the
9		foundation of the agency compliance plan required under
10		Section 6 of the Business Enterprise for Minorities,
11		Women, and Persons with Disabilities Act.
12		(3) The Commission shall exercise the authority and
13		duties provided to it under Section 5-7 of the Illinois
14		Procurement Code.
15		(4) The Commission, working with State agencies, shall
16		provide support for diversity in State hiring.
17		(5) The Commission shall supervise oversee the
18		implementation and effectiveness of supplier diversity
19		training of the State procurement workforce.
20		(6) Each January, and as otherwise frequently as may
21		be deemed necessary and appropriate by the Commission, the
22		Commission shall propose and submit to the Governor and
23		the General Assembly legislative changes to increase
24		inclusion and diversity in State government.
25		(7) The Commission shall have oversight over the
26		following entities:

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1		(A) the Illinois African-American Family
2		Commission;
3		(B) the Illinois Latino Family Commission;
4		(C) the Asian American Family Commission;
5		(D) the Illinois Muslim American Advisory Council;
6		(E) the Illinois African-American Fair Contracting
7		Commission created under Executive Order 2018-07; and
8		(F) the Business Enterprise Council for
9		Minorities, Women, and Persons with Disabilities.
10		(8) The Commission shall adopt any rules necessary for
11		the implementation and administration of the requirements
12		of this Act.
13		(9) The Commission shall exercise the authority and
14		duties provided to it under Section 45-57 of the Illinois
15		Procurement Code.
16		(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21;
17		102-671, eff. 11-30-21.)
18		ARTICLE 80.
19		Section 80-5. The Metropolitan Pier and Exposition
20		Authority Act is amended by changing Sections 24 and 25.4 as
21		follows:
22		(70 ILCS 210/24) (from Ch. 85, par. 1244)
23		Sec. 24. All contracts for the sale of property of the

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1		value of more than $10,000 or for any concession in or lease of
2		property of the Authority for a term of more than one year
3		shall be awarded to the highest responsible bidder, after
4		advertising for bids, except as may be otherwise authorized by
5		this Act. All construction contracts, when the cost will
6		exceed $30,000, and contracts for supplies, materials,
7		equipment and services, when the cost thereof will exceed
8		$100,000 $10,000, shall be let to the lowest responsible
9		bidder, after advertising for bids, excepting (1) when repair
10		parts, accessories, equipment or services are required for
11		equipment or services previously furnished or contracted for,
12		(2) professional services contracted for in accordance with
13		Section 25.1 of this Act, (3) when services such as water,
14		light, heat, power, telephone (other than long-distance
15		service) or telegraph are required, (4) when contracts for the
16		use, purchase, delivery, movement, or installation of data
17		processing equipment, software, or services and
18		telecommunications equipment, software, and services are
19		required, and (5) when the immediate delivery of supplies,
20		materials, equipment, or services is required and (i) the
21		chief executive officer determines that an emergency situation
22		exists; (ii) the contract accepted is based on the lowest
23		responsible bid after the Authority has made a diligent effort
24		to solicit multiple bids by telephone, facsimile, or other
25		efficient means; and (iii) the chief executive officer submits
26		a report at the next regular Board meeting, to be ratified by

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1		the Board and entered into the official record, stating the
2		chief executive officer's reason for declaring an emergency
3		situation, the names of the other parties solicited and their
4		bids, and a copy of the contract awarded.
5		All construction contracts involving less than $30,000 and
6		all other contracts involving less than $100,000 $10,000 shall
7		be let by competitive bidding whenever possible, and in any
8		event in a manner calculated to insure the best interests of
9		the public.
10		Each bidder shall disclose in his bid the name of each
11		individual having a beneficial interest, directly or
12		indirectly, of more than 7 1/2% in such bidding entity and, if
13		such bidding entity is a corporation, the names of each of its
14		officers and directors. The bidder shall notify the Board of
15		any changes in its ownership or its officers or directors at
16		the time such changes occur if the change occurs during the
17		pendency of a proposal or a contract.
18		In determining the responsibility of any bidder, the Board
19		may take into account past record of dealings with the bidder,
20		experience, adequacy of equipment, ability to complete
21		performance within the time set, and other factors besides
22		financial responsibility, but in no case shall any such
23		contracts be awarded to any other than the highest bidder (in
24		case of sale or concession or lease) or the lowest bidder (in
25		case of purchase or expenditure) unless authorized or approved
26		by a vote of at least three-fourths of the members of the

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1		Board, and unless such action is accompanied by a statement in
2		writing setting forth the reasons for not awarding the
3		contract to the highest or lowest bidder, as the case may be,
4		which statement shall be kept on file in the principal office
5		of the Authority and open to public inspection.
6		From the group of responsible bidders the lowest bidder
7		shall be selected in the following manner: to all bids for
8		sales the gross receipts of which are not taxable under the
9		"Retailers' Occupation Tax Act", approved June 28, 1933, as
10		amended, there shall be added an amount equal to the tax which
11		would be payable under said Act, if applicable, and the lowest
12		in amount of said adjusted bids and bids for sales the gross
13		receipts of which are taxable under said Act shall be
14		considered the lowest bid; provided, that, if said lowest bid
15		relates to a sale not taxable under said Act, any contract
16		entered into thereon shall be in the amount of the original bid
17		not adjusted as aforesaid.
18		Contracts shall not be split into parts involving
19		expenditures of less than $100,000 $10,000 (or $30,000 in the
20		case of construction contracts) for the purposes of avoiding
21		the provisions of this Section, and all such split contracts
22		shall be void. If any collusion occurs among bidders or
23		prospective bidders in restraint of freedom of competition, by
24		agreement to bid a fixed amount or to refrain from bidding, or
25		otherwise, the bids of such bidders shall be void. Each bidder
26		shall accompany his bid with a sworn statement that he has not

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1		been a party to any such agreement.
2		The Board shall have the right to reject all bids and to
3		readvertise for bids. If after any such readvertisement no
4		responsible and satisfactory bid, within the terms of the
5		advertisement, shall be received, the Board may award such
6		contract without competitive bidding, provided that it shall
7		not be less advantageous to the Authority than any valid bid
8		received pursuant to advertisement.
9		The Board shall adopt rules and regulations of general
10		application within 90 days of the effective date of this
11		amendatory Act of 1985 to carry into effect the provisions of
12		this Section.
13		(Source: P.A. 91-422, eff. 1-1-00.)
14		(70 ILCS 210/25.4)
15		Sec. 25.4. Contracts for professional services.
16		(a) When the Authority proposes to enter into a contract
17		or agreement for professional services, other than the
18		marketing agreement required in Section 5.6, the Authority
19		shall use a request for proposal process in accordance with
20		the Illinois Procurement Code.
21		(b) Any person that submits a response to a request for
22		proposals under this Section shall disclose in the response
23		the name of each individual having a beneficial interest
24		directly or indirectly of more than 7 1/2% in such person and,
25		if such person is a corporation, the names of each of its

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1		officers and directors. The person shall notify the Board of
2		any changes in its ownership or its officers or directors at
3		the time such changes occur if the change occurs during the
4		pendency of a proposal or a contract.
5		(c) All contracts and agreements under this Section shall
6		be authorized and approved by the Board and shall be set forth
7		in a writing executed by the contractor and the Authority. No
8		payment shall be made under this Section until a written
9		contract or agreement shall be so authorized, approved, and
10		executed. A copy of each contract or agreement (whether or not
11		exempted under this Section) and the response, if any, to the
12		request for proposals upon which the contract was awarded must
13		be filed with the Secretary of the Authority and is required to
14		be open for public inspection.
15		(d) This Section applies to (i) contracts in excess of
16		$25,000 for architectural, engineering, or land surveying
17		services provided to the Authority; (ii) (i) contracts in
18		excess of $100,000 $25,000 for other professional services
19		provided to the Authority, including the services of
20		accountants, architects, attorneys, engineers, physicians,
21		superintendents of construction, financial advisors, bond
22		trustees, and other similar professionals possessing a high
23		degree of skill; and (iii) (ii) contracts or bond purchase
24		agreements in excess of $10,000 with underwriters or
25		investment bankers with respect to sale of the Authority's
26		bonds under this Act. This Section shall not apply to

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1		contracts for professional services to be provided by, or the
2		agreement is with, a State agency, federal agency, or unit of
3		local government.
4		(Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)
5		ARTICLE 85.
6		Section 85-5. The Public-Private Partnerships for
7		Transportation Act is amended by changing Sections 10, 15, 19,
8		and 35 as follows:
9		(630 ILCS 5/10)
10		Sec. 10. Definitions. As used in this Act:
11		"Approved proposal" means the proposal that is approved by
12		the responsible public entity pursuant to subsection (j) of
13		Section 20 of this Act.
14		"Approved proposer" means the private entity whose
15		proposal is the approved proposal.
16		"Authority" means the Illinois State Toll Highway
17		Authority.
18		"Contractor" means a private entity that has entered into
19		a public-private agreement with the responsible public entity
20		to provide services to or on behalf of the responsible public
21		entity.
22		"Department" means the Illinois Department of
23		Transportation.

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1		"Design-build agreement" means the agreement between the
2		selected private entity and the responsible public entity
3		under which the selected private entity agrees to furnish
4		design, construction, and related services for a
5		transportation facility under this Act.
6		"Develop" or "development" means to do one or more of the
7		following: plan, design, develop, lease, acquire, install,
8		construct, reconstruct, rehabilitate, extend, or expand.
9		"Maintain" or "maintenance" includes ordinary maintenance,
10		repair, rehabilitation, capital maintenance, maintenance
11		replacement, and any other categories of maintenance that may
12		be designated by the responsible public entity.
13		"Operate" or "operation" means to do one or more of the
14		following: maintain, improve, equip, modify, or otherwise
15		operate.
16		"Private entity" means any combination of one or more
17		individuals, corporations, general partnerships, limited
18		liability companies, limited partnerships, joint ventures,
19		business trusts, nonprofit entities, or other business
20		entities that are parties to a proposal for a transportation
21		project or an agreement related to a transportation project. A
22		public agency may provide services to a contractor as a
23		subcontractor or subconsultant without affecting the private
24		status of the private entity and the ability to enter into a
25		public-private agreement. A transportation agency is not a
26		private entity.

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1		"Proposal" means all materials and documents prepared by
2		or on behalf of a private entity relating to the proposed
3		development, financing, or operation of a transportation
4		facility as a transportation project.
5		"Proposer" means a private entity that has submitted an
6		unsolicited proposal for a public-private agreement to a
7		responsible public entity under this Act or a proposal or
8		statement of qualifications for a public-private agreement in
9		response to a request for proposals or a request for
10		qualifications issued by a responsible public entity under
11		this Act.
12		"Public-private agreement" means the public-private
13		agreement between the contractor and the responsible public
14		entity relating to one or more of the development, financing,
15		or operation of a transportation project that is entered into
16		under this Act.
17		"Request for information" means all materials and
18		documents prepared by or on behalf of the responsible public
19		entity to solicit information from private entities with
20		respect to transportation projects.
21		"Request for proposals" means all materials and documents
22		prepared by or on behalf of the responsible public entity to
23		solicit proposals from private entities to enter into a
24		public-private agreement.
25		"Request for qualifications" means all materials and
26		documents prepared by or on behalf of the responsible public

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1		entity to solicit statements of qualification from private
2		entities to enter into a public-private agreement.
3		"Responsible public entity" means the Department of
4		Transportation, the Illinois State Toll Highway Authority, and
5		the 5 most populous counties of Illinois, as of the most recent
6		publicly available decennial census.
7		"Revenues" means all revenues, including any combination
8		of: income; earnings and interest; user fees; lease payments;
9		allocations; federal, State, and local appropriations, grants,
10		loans, lines of credit, and credit guarantees; bond proceeds;
11		equity investments; service payments; or other receipts;
12		arising out of or in connection with a transportation project,
13		including the development, financing, and operation of a
14		transportation project. The term includes money received as
15		grants, loans, lines of credit, credit guarantees, or
16		otherwise in aid of a transportation project from the federal
17		government, the State, a unit of local government, or any
18		agency or instrumentality of the federal government, the
19		State, or a unit of local government.
20		"Shortlist" means the process by which a responsible
21		public entity will review, evaluate, and rank statements of
22		qualifications submitted in response to a request for
23		qualifications and then identify the proposers who are
24		eligible to submit a detailed proposal in response to a
25		request for proposals. The identified proposers constitute the
26		shortlist for the transportation project to which the request

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1		for proposals relates.
2		"Transportation agency" means (i) the Department or (ii)
3		the Authority.
4		"Transportation facility" means any new or existing road,
5		highway, toll highway, bridge, tunnel, intermodal facility,
6		intercity or high-speed passenger rail, or other
7		transportation facility or infrastructure, excluding airports,
8		under the jurisdiction of a responsible public entity, except
9		those facilities for the Illiana Expressway. The term
10		"transportation facility" may refer to one or more
11		transportation facilities that are proposed to be developed or
12		operated as part of a single transportation project.
13		"Transportation project" or "project" means any or the
14		combination of the design, development, construction,
15		financing, or operation with respect to all or a portion of any
16		transportation facility under the jurisdiction of the
17		responsible public entity, except those facilities for the
18		Illiana Expressway, undertaken pursuant to this Act.
19		"Unit of local government" has the meaning ascribed to
20		that term in Article VII, Section 1 of the Constitution of the
21		State of Illinois and also means any unit designated as a
22		municipal corporation.
23		"Unsolicited proposal" means a written proposal that is
24		submitted to a transportation agency responsible public entity
25		on the initiative of the private sector entity or entities for
26		the purpose of developing a partnership, and that is not in

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1		response to a formal or informal request issued by a
2		transportation agency responsible public entity.
3		"User fees" or "tolls" means the rates, tolls, fees, or
4		other charges imposed by the contractor for use of all or a
5		portion of a transportation project under a public-private
6		agreement.
7		(Source: P.A. 103-570, eff. 1-1-24.)
8		(630 ILCS 5/15)
9		Sec. 15. Formation of public-private agreements; project
10		planning.
11		(a) Each responsible public entity may exercise the powers
12		granted by this Act to do some or all to design, develop,
13		construct, finance, and operate any part of one or more
14		transportation projects through public-private agreements with
15		one or more private entities, except for transportation
16		projects for the Illiana Expressway as defined in the Public
17		Private Agreements for the Illiana Expressway Act. The net
18		proceeds, if any, arising out of a transportation project or
19		public-private agreement undertaken by the Department pursuant
20		to this Act shall be deposited into the Public-Private
21		Partnerships for Transportation Fund. The net proceeds arising
22		out of a transportation project or public-private agreement
23		undertaken by the Authority pursuant to this Act shall be
24		deposited into the Illinois State Toll Highway Authority Fund
25		and shall be used only as authorized by Section 23 of the Toll

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1		Highway Act.
2		(b) The Authority may enter into a public-private
3		partnership to design, develop, construct, finance, and
4		operate new toll highways authorized by the Governor and the
5		General Assembly pursuant to Section 14.1 of the Toll Highway
6		Act, non-highway transportation projects on the toll highway
7		system such as commuter rail or high-speed rail lines, and
8		intelligent transportation infrastructure that will enhance
9		the safety, efficiency, and environmental quality of the toll
10		highway system. The Authority may operate or provide
11		operational services such as toll collection on highways which
12		are developed or financed, or both, through a public-private
13		agreement entered into by another public entity, under an
14		agreement with the public entity or contractor responsible for
15		the transportation project.
16		(c) A contractor has:
17		(1) all powers allowed by law generally to a private
18		entity having the same form of organization as the
19		contractor; and
20		(2) the power to develop, finance, and operate the
21		transportation facility and to impose user fees in
22		connection with the use of the transportation facility,
23		subject to the terms of the public-private agreement.
24		No tolls or user fees may be imposed by the contractor
25		except as set forth in a public-private agreement.
26		(d) Prior to commencing the procurement process under an

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1		unsolicited proposal or the issuance of any request for
2		qualifications or request for proposals with respect to any
3		potential project undertaken by a responsible public entity
4		pursuant to Section 19 or 20 of this Act, the commencement of a
5		procurement process for that particular potential project
6		shall be authorized by joint resolution of the General
7		Assembly.
8		(e) (Blank).
9		(f) Any project undertaken under this Act shall be subject
10		to all applicable planning requirements otherwise required by
11		law, including land use planning, regional planning,
12		transportation planning, and environmental compliance
13		requirements.
14		(g) (Blank).
15		(h) The responsible public entity shall hold one or more
16		public hearings before entering into negotiations with a
17		proposer following its submittals to the General Assembly
18		under subsection (d) of this Section. These public hearings
19		shall address any potential project that the responsible
20		public entity submitted to the General Assembly for review
21		under subsection (d). The responsible public entity shall
22		publish a notice of the hearing or hearings at least 7 days
23		before a hearing takes place, and shall include the following
24		in the notice: (i) the date, time, and place of the hearing and
25		the address of the responsible public entity; (ii) a brief
26		description of the potential projects that the responsible

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1		public entity is considering undertaking; and (iii) a
2		statement that the public may comment on the potential
3		projects.
4		(i) Each year, at least 30 days prior to the beginning of
5		the transportation agency's fiscal year, the transportation
6		agency shall submit a description of potential projects that
7		the transportation agency is considering undertaking under
8		this Act to each county, municipality, and metropolitan
9		planning organization, with respect to each project located
10		within its boundaries.
11		(j) A new transportation facility developed as a project
12		under this Act must be consistent with the regional plan then
13		in existence of a metropolitan planning organization in whose
14		boundaries the project is located.
15		(Source: P.A. 103-570, eff. 1-1-24.)
16		(630 ILCS 5/19)
17		Sec. 19. Unsolicited proposals.
18		(a) A transportation agency responsible public entity may
19		receive unsolicited proposals for a project and may thereafter
20		enter into a public-private agreement with a private entity,
21		or a consortium of private entities, for the design,
22		construction, upgrading, operating, ownership, or financing of
23		facilities.
24		(b) A transportation agency responsible public entity may
25		consider, evaluate, and accept an unsolicited proposal for a

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1		public-private partnership project from a private entity if
2		the proposal:
3		(1) is independently developed and drafted by the
4		proposer without transportation agency responsible public
5		entity supervision;
6		(2) shows that the proposed project could benefit the
7		transportation system;
8		(3) includes a financing plan to allow the project to
9		move forward pursuant to the applicable transportation
10		agency's responsible public entity's budget and finance
11		requirements; and
12		(4) includes sufficient detail and information for the
13		transportation agency responsible public entity to
14		evaluate the proposal in an objective and timely manner
15		and permit a determination that the project would be
16		worthwhile.
17		(c) The unsolicited proposal shall include the following:
18		(1) an executive summary covering the major elements
19		of the proposal;
20		(2) qualifications concerning the experience,
21		expertise, technical competence, and qualifications of the
22		private entity and of each member of its management team
23		and of other key employees, consultants, and
24		subcontractors, including the name, address, and
25		professional designation;
26		(3) a project description, including, when applicable:

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1		(A) the limits, scope, and location of the
2		proposed project;
3		(B) right-of-way requirements;
4		(C) connections with other facilities and
5		improvements to those facilities necessary if the
6		project is developed;
7		(D) a conceptual project design; and
8		(E) a statement of the project's relationship to
9		and impact upon relevant existing plans of the
10		transportation agency responsible public entity;
11		(4) a facilities project schedule, including when
12		applicable, estimates of:
13		(A) dates of contract award;
14		(B) start of construction;
15		(C) completion of construction;
16		(D) start of operations; and
17		(E) major maintenance or reconstruction activities
18		during the life of the proposed project agreement;
19		(5) an operating plan describing the operation of the
20		completed facility if operation of a facility is part of
21		the proposal, describing the management structure and
22		approach, the proposed period of operations, enforcement,
23		emergency response, and other relevant information;
24		(6) a finance plan describing the proposed financing
25		of the project, identifying the source of funds to, where
26		applicable, design, construct, maintain, and manage the

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1		project during the term of the proposed contract; and
2		(7) the legal basis for the project and licenses and
3		certifications; the private entity must demonstrate that
4		it has all licenses and certificates necessary to complete
5		the project.
6		(c-5) A transportation agency shall develop rules for
7		receiving, reviewing, and implementing unsolicited proposals
8		as outlined in this Section. A transportation agency shall
9		submit these rules for the First Notice period within one year
10		after the effective date of this amendatory Act of the 103rd
11		General Assembly. A transportation agency shall not receive
12		unsolicited proposals until rules are adopted.
13		(c-10) A transportation agency shall receive unsolicited
14		proposals no more than every 2 years for a time frame of no
15		more than 90 days.
16		(c-15) A nonnegotiable proposal review fee of $25,000
17		shall be required for an unsolicited proposal submitted under
18		this Act. A proposal review fee that is submitted with a
19		proposal for a project that is not an eligible project, or that
20		the Department is not otherwise legally authorized to accept,
21		shall be returned to the proposer. All other proposal review
22		fees are nonrefundable.
23		(d) Within 120 days after receiving an unsolicited
24		proposal, the transportation agency responsible public entity
25		shall complete a preliminary evaluation of the unsolicited
26		proposal and shall either:

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1		(1) if the preliminary evaluation is unfavorable,
2		return the proposal without further action;
3		(2) if the preliminary evaluation is favorable, notify
4		the proposer that the transportation agency responsible
5		public entity will further evaluate the proposal; or
6		(3) request amendments, clarification, or modification
7		of the unsolicited proposal.
8		(e) The procurement process for unsolicited proposals
9		shall be as follows:
10		(1) If the transportation agency responsible public
11		entity chooses to further evaluate an unsolicited proposal
12		with the intent to enter into a public-private agreement
13		for the proposed project, then the transportation agency
14		responsible public entity shall publish notice in its
15		regular online publication for relevant procurements the
16		Illinois Procurement Bulletin or in a newspaper of general
17		circulation covering the location of the project at least
18		once a week for 2 weeks stating that the transportation
19		agency responsible public entity has received a proposal
20		and will accept other proposals for the same project. The
21		time frame within which the transportation agency
22		responsible public entity may accept other proposals shall
23		be determined by the transportation agency responsible
24		public entity on a project-by-project basis based upon the
25		complexity of the transportation project and the public
26		benefit to be gained by allowing a longer or shorter

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1		period of time within which other proposals may be
2		received; however, the time frame for allowing other
3		proposals must be at least 21 days, but no more than 120
4		days, after the initial date of publication.
5		(2) A copy of the notice must be mailed to each local
6		government directly affected by the transportation
7		project.
8		(3) The transportation agency responsible public
9		entity shall provide reasonably sufficient information,
10		including the identity of its contact person, to enable
11		other private entities to make proposals.
12		(4) If, after no less than 120 days, no
13		counterproposal is received, or if the counterproposals
14		are evaluated and found to be equal to or inferior to the
15		original unsolicited proposal, the transportation agency
16		responsible public entity may proceed to negotiate a
17		contract with the original proposer.
18		(5) If, after no less than 120 days, one or more
19		counterproposals meeting unsolicited proposal standards
20		are received, and if, in the opinion of the transportation
21		agency responsible public entity, the counterproposals are
22		evaluated and found to be superior to the original
23		unsolicited proposal, the transportation agency
24		responsible public entity shall proceed to determine the
25		successful participant through a final procurement phase
26		known as "Best and Final Offer" (BAFO). The BAFO is a

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1		process whereby a transportation agency responsible public
2		entity shall invite the original private sector party and
3		the proponent submitting the superior counterproposal to
4		engage in a BAFO phase. The invitation to participate in
5		the BAFO phase will provide to each participating
6		proposer:
7		(A) the general concepts that were considered
8		superior to the original proposal, while keeping
9		proprietary information contained in the proposals
10		confidential to the extent possible; and
11		(B) the preestablished evaluation criteria or the
12		"basis of award" to be used to determine the
13		successful proponent.
14		(6) Offers received in response to the BAFO invitation
15		will be reviewed by the transportation agency responsible
16		public entity and scored in accordance with a
17		preestablished criteria, or alternatively, in accordance
18		with the basis of award provision identified through the
19		BAFO process. The successful proponent will be the
20		proponent offering "best value" to the transportation
21		agency responsible public entity.
22		(7) In all cases, the basis of award will be the best
23		value to the transportation agency responsible public
24		entity, as determined by the transportation agency
25		responsible public entity.
26		(f) After a comprehensive evaluation and acceptance of an

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1		unsolicited proposal and any alternatives, the transportation
2		agency must provide public notice of the proposal to members
3		of impacted communities meeting the following criteria:
4		responsible public entity
5		(1) Public notice shall be meaningful, timely, and
6		effective public notice of a proposal to members of
7		impacted communities, accounting for linguistic needs and
8		other relevant characteristics, and provide meaningful
9		opportunity for public comment on a proposal.
10		(2) The public notice and project application shall be
11		translated into non-English languages in impacted
12		communities where a language other than English is widely
13		spoken.
14		(3) The notice must, at a minimum, include all of the
15		following:
16		(A) the name of the applicant;
17		(B) the location of the use;
18		(C) a brief description of the use and its
19		impacts; and
20		(D) a link to a website where the application and
21		more detailed information on the use and its impacts
22		can be found.
23		(4) The notice shall be written at a third or fourth
24		grade reading level to ensure ease of understanding for
25		all members of the public.
26		(f-5) The transportation agency shall provide an

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1		opportunity for public comment, which must, at a minimum,
2		include one public meeting within an impacted community. The
3		notice of a public meeting required under this subsection must
4		include:
5		(1) the date, time, and location of the public meeting
6		required under this Section;
7		(2) the date and time of all public meetings regarding
8		the project;
9		(3) where to access the project description required
10		under paragraph (3) of subsection (c), if applicable;
11		(4) the expected location of the project associated
12		construction duration; and
13		(5) a non-English version of the notice if 10% or more
14		of the local population speaks a primary language other
15		than English, which shall reflect the prevalent languages
16		of the non-English speaking residents in that area.
17		The public meeting is subject to the following rules:
18		(1) The public meeting must begin after 5:00 p.m. and
19		be located at a venue that is in a location within an
20		impacted equity investment community and easily accessible
21		to residents of other impacted equity investment eligible
22		communities.
23		(2) The public meeting must be at a venue that is
24		accessible to persons with disabilities and the owner or
25		operator of the venue must provide reasonable
26		accommodations, as defined in the Americans with

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1		Disabilities Act, upon request.
2		(3) The transportation agency must provide translation
3		services during a public meeting if a proposed project is
4		located in an area in which 10% or more of the local
5		population speaks a primary language other than English,
6		if requested by a non-English speaking member of the
7		public.
8		During a public meeting, a proposer must:
9		(1) present the schedule and process for the project;
10		(2) include a question-and-answer portion of the
11		meeting to allow the public to ask questions; and
12		(3) ensure that representatives that speak on behalf
13		of the contractor are qualified and knowledgeable on the
14		subject matter to answer questions posed by the public.
15		The transportation agency shall have a representative
16		present at the public meeting who is familiar with the
17		proposed project. The transportation agency must create a
18		meeting summary, including issues raised by the public, and
19		respond to all questions in writing no later than 14 days after
20		the meeting. The transportation agency shall post the summary
21		and responses to the transportation agency's publicly
22		accessible website and advise the telephone, email, and text
23		lists along with the meeting summary document. The
24		transportation agency shall ensure that the public meeting is
25		made available to watch and participate in a meaningful way
26		online and recorded. The recording shall be made available on

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1		a publicly accessible website.
2		After the public notice requirements are completed, the
3		transportation agency may commence negotiations with a
4		proposer, considering:
5		(1) the proposal has received a favorable
6		comprehensive evaluation;
7		(2) the proposal is not duplicative of existing
8		infrastructure project;
9		(3) the alternative proposal does not closely resemble
10		a pending competitive proposal for a public-private
11		private partnership or other procurement;
12		(4) the proposal demonstrates a unique method,
13		approach, or concept;
14		(5) facts and circumstances that preclude or warrant
15		additional competition;
16		(6) the availability of any funds, debts, or assets
17		that the State will contribute to the project;
18		(7) facts and circumstances demonstrating that the
19		project will likely have a significant adverse impact on
20		on State bond ratings; and
21		(8) indemnifications included in the proposal.
22		(Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)
23		(630 ILCS 5/35)
24		Sec. 35. Public-private agreements.
25		(a) A responsible public entity may enter into

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1		public-private agreements as outlined in this Section. The
2		transportation agency may receive unsolicited proposals to
3		enter into public-private agreements as outlined in Section
4		19.
5		(a-5) (a) Unless undertaking actions otherwise permitted
6		in an interim agreement entered into under Section 30 of this
7		Act, before developing, financing, or operating the
8		transportation project, the approved proposer shall enter into
9		a public-private agreement with the responsible public entity
10		transportation agency. Subject to the requirements of this
11		Act, a public-private agreement may provide that the approved
12		proposer, acting on behalf of the responsible public entity,
13		is partially or entirely responsible for any combination of
14		developing, financing, or operating the transportation project
15		under terms set forth in the public-private agreement.
16		(b) The public-private agreement may, as determined
17		appropriate by the responsible public entity for the
18		particular transportation project, provide for some or all of
19		the following:
20		(1) Development, financing, and operation of the
21		transportation project under terms set forth in the
22		public-private agreement, in any form as deemed
23		appropriate by the responsible public entity, including,
24		but not limited to, a long-term concession and lease, a
25		design-bid-build agreement, a design-build agreement, a
26		design-build-maintain agreement, a design-build-finance

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1		agreement, a design-build-operate-maintain agreement and a
2		design-build-finance-operate-maintain agreement.
3		(2) Delivery of performance and payment bonds or other
4		performance security determined suitable by the
5		responsible public entity, including letters of credit,
6		United States bonds and notes, parent guaranties, and cash
7		collateral, in connection with the development, financing,
8		or operation of the transportation project, in the forms
9		and amounts set forth in the public-private agreement or
10		otherwise determined as satisfactory by the responsible
11		public entity to protect the responsible public entity and
12		payment bond beneficiaries who have a direct contractual
13		relationship with the contractor or a subcontractor of the
14		contractor to supply labor or material. The payment or
15		performance bond or alternative form of performance
16		security is not required for the portion of a
17		public-private agreement that includes only design,
18		planning, or financing services, the performance of
19		preliminary studies, or the acquisition of real property.
20		(3) Review of plans for any development or operation,
21		or both, of the transportation project by the responsible
22		public entity.
23		(4) Inspection of any construction of or improvements
24		to the transportation project by the responsible public
25		entity or another entity designated by the responsible
26		public entity or under the public-private agreement to

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1		ensure that the construction or improvements conform to
2		the standards set forth in the public-private agreement or
3		are otherwise acceptable to the responsible public entity.
4		(5) Maintenance of:
5		(A) one or more policies of public liability
6		insurance (copies of which shall be filed with the
7		responsible public entity accompanied by proofs of
8		coverage); or
9		(B) self-insurance;
10		each in form and amount as set forth in the public-private
11		agreement or otherwise satisfactory to the responsible
12		public entity as reasonably sufficient to insure coverage
13		of tort liability to the public and employees and to
14		enable the continued operation of the transportation
15		project.
16		(6) Where operations are included within the
17		contractor's obligations under the public-private
18		agreement, monitoring of the maintenance practices of the
19		contractor by the responsible public entity or another
20		entity designated by the responsible public entity or
21		under the public-private agreement and the taking of the
22		actions the responsible public entity finds appropriate to
23		ensure that the transportation project is properly
24		maintained.
25		(7) Reimbursement to be paid to the responsible public
26		entity as set forth in the public-private agreement for

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1		services provided by the responsible public entity.
2		(8) Filing of appropriate financial statements and
3		reports as set forth in the public-private agreement or as
4		otherwise in a form acceptable to the responsible public
5		entity on a periodic basis.
6		(9) Compensation or payments to the contractor.
7		Compensation or payments may include any or a combination
8		of the following:
9		(A) a base fee and additional fee for project
10		savings as the design-builder of a construction
11		project;
12		(B) a development fee, payable on a lump sum
13		lump-sum basis, progress payment basis, time and
14		materials basis, or another basis deemed appropriate
15		by the responsible public entity;
16		(C) an operations fee, payable on a lump sum
17		lump-sum basis, time and material basis, periodic
18		basis, or another basis deemed appropriate by the
19		responsible public entity;
20		(D) some or all of the revenues, if any, arising
21		out of operation of the transportation project;
22		(E) a maximum rate of return on investment or
23		return on equity or a combination of the two;
24		(F) in-kind services, materials, property,
25		equipment, or other items;
26		(G) compensation in the event of any termination;

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1		(H) availability payments or similar arrangements
2		whereby payments are made to the contractor pursuant
3		to the terms set forth in the public-private agreement
4		or related agreements; or
5		(I) other compensation set forth in the
6		public-private agreement or otherwise deemed
7		appropriate by the responsible public entity.
8		(10) Compensation or payments to the responsible
9		public entity, if any. Compensation or payments may
10		include any or a combination of the following:
11		(A) a concession or lease payment or other fee,
12		which may be payable upfront or on a periodic basis or
13		on another basis deemed appropriate by the responsible
14		public entity;
15		(B) sharing of revenues, if any, from the
16		operation of the transportation project;
17		(C) sharing of project savings from the
18		construction of the transportation project;
19		(D) payment for any services, materials,
20		equipment, personnel, or other items provided by the
21		responsible public entity to the contractor under the
22		public-private agreement or in connection with the
23		transportation project; or
24		(E) other compensation set forth in the
25		public-private agreement or otherwise deemed
26		appropriate by the responsible public entity.

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1		(11) The date and terms of termination of the
2		contractor's authority and duties under the public-private
3		agreement and the circumstances under which the
4		contractor's authority and duties may be terminated prior
5		to that date.
6		(12) Reversion of the transportation project to the
7		responsible public entity at the termination or expiration
8		of the public-private agreement.
9		(13) Rights and remedies of the responsible public
10		entity in the event that the contractor defaults or
11		otherwise fails to comply with the terms of the
12		public-private agreement.
13		(14) Procedures for the selection of professional
14		design firms and subcontractors for use by the responsible
15		public entity or eligible county as an owner's
16		representation services, which shall be include procedures
17		consistent with the Architectural, Engineering, and Land
18		Surveying Qualifications Based Selection Act for the
19		selection of professional design firms and may include, in
20		the discretion of the responsible public entity,
21		procedures consistent with the low bid procurement
22		procedures outlined in the Illinois Procurement Code for
23		the selection of construction companies.
24		(15) Other terms, conditions, and provisions that the
25		responsible public entity believes are in the public
26		interest.

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1		(c) The responsible public entity may fix and revise the
2		amounts of user fees that a contractor may charge and collect
3		for the use of any part of a transportation project in
4		accordance with the public-private agreement. In fixing the
5		amounts, the responsible public entity may establish maximum
6		amounts for the user fees and may provide that the maximums and
7		any increases or decreases of those maximums shall be based
8		upon the indices, methodologies, or other factors the
9		responsible public entity considers appropriate.
10		(c-5) The Department may accept proposals subject to
11		environmental review and the documentation of the
12		environmental review. The environmental review and
13		documentation of the environmental review shall at all times
14		be conducted as directed by the Department, shall be subject
15		to the oversight of the Department, and shall comply with all
16		requirements of State and federal law, applicable federal
17		regulations, and the National Environmental Policy Act (42
18		U.S.C. 4321 et seq.), if applicable, including, but not
19		limited to, the study of alternatives to the proposed project
20		and any proposed alignments, procedural requirements, and the
21		completion of any and all environmental documents required to
22		be completed by the Department and any federal agency acting
23		as a lead agency. All environmental mitigation commitments
24		agreed to during the environmental review phase are required
25		to be implemented during project implementation, or, as
26		required, to ensure compliance is maintained with all

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1		applicable environmental laws and regulations.
2		(d) A public-private agreement may:
3		(1) authorize the imposition of tolls in any manner
4		determined appropriate by the responsible public entity
5		for the transportation project;
6		(2) authorize the contractor to adjust the user fees
7		for the use of the transportation project, so long as the
8		amounts charged and collected by the contractor do not
9		exceed the maximum amounts established by the responsible
10		public entity under the public-private agreement;
11		(3) provide that any adjustment by the contractor
12		permitted under paragraph (2) of this subsection (d) may
13		be based on the indices, methodologies, or other factors
14		described in the public-private agreement or approved by
15		the responsible public entity;
16		(4) authorize the contractor to charge and collect
17		user fees through methods, including, but not limited to,
18		automatic vehicle identification systems, electronic toll
19		collection systems, and, to the extent permitted by law,
20		global positioning system-based, photo-based, or
21		video-based toll collection enforcement, provided that to
22		the maximum extent feasible the contractor will (i)
23		utilize open road tolling methods that allow payment of
24		tolls at highway speeds and (ii) comply with United States
25		Department of Transportation requirements and best
26		practices with respect to tolling methods; and

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1		(5) authorize the collection of user fees by a third
2		party.
3		(e) In the public-private agreement, the responsible
4		public entity may agree to make grants or loans for the
5		development or operation, or both, of the transportation
6		project from time to time from amounts received from the
7		federal government or any agency or instrumentality of the
8		federal government or from any State or local agency.
9		(f) Upon the termination or expiration of the
10		public-private agreement, including a termination for default,
11		the responsible public entity shall have the right to take
12		over the transportation project and to succeed to all of the
13		right, title, and interest in the transportation project. Upon
14		termination or expiration of the public-private agreement
15		relating to a transportation project undertaken by the
16		Department, all real property acquired as a part of the
17		transportation project shall be held in the name of the State
18		of Illinois. Upon termination or expiration of the
19		public-private agreement relating to a transportation project
20		undertaken by the Authority, all real property acquired as a
21		part of the transportation project shall be held in the name of
22		the Authority.
23		(g) If a responsible public entity elects to take over a
24		transportation project as provided in subsection (f) of this
25		Section, the responsible public entity may do the following:
26		(1) develop, finance, or operate the project,

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1		including through a public-private agreement entered into
2		in accordance with this Act; or
3		(2) impose, collect, retain, and use user fees, if
4		any, for the project.
5		(h) If a responsible public entity elects to take over a
6		transportation project as provided in subsection (f) of this
7		Section, the responsible public entity may use the revenues,
8		if any, for any lawful purpose, including to:
9		(1) make payments to individuals or entities in
10		connection with any financing of the transportation
11		project, including through a public-private agreement
12		entered into in accordance with this Act;
13		(2) permit a contractor to receive some or all of the
14		revenues under a public-private agreement entered into
15		under this Act;
16		(3) pay development costs of the project;
17		(4) pay current operation costs of the project or
18		facilities;
19		(5) pay the contractor for any compensation or payment
20		owing upon termination; and
21		(6) pay for the development, financing, or operation
22		of any other project or projects the responsible public
23		entity deems appropriate.
24		(i) The full faith and credit of the State or any political
25		subdivision of the State or the responsible public entity is
26		not pledged to secure any financing of the contractor by the

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1		election to take over the transportation project. Assumption
2		of development or operation, or both, of the transportation
3		project does not obligate the State or any political
4		subdivision of the State or the responsible public entity to
5		pay any obligation of the contractor.
6		(j) The responsible public entity may enter into a
7		public-private agreement with multiple approved proposers if
8		the responsible public entity determines in writing that it is
9		in the public interest to do so.
10		(k) A public-private agreement shall not include any
11		provision under which the responsible public entity agrees to
12		restrict or to provide compensation to the private entity for
13		the construction or operation of a competing transportation
14		facility during the term of the public-private agreement.
15		(l) With respect to a public-private agreement entered
16		into by the Department, the Department shall certify in its
17		State budget request to the Governor each year the amount
18		required by the Department during the next State fiscal year
19		to enable the Department to make any payment obligated to be
20		made by the Department pursuant to that public-private
21		agreement, and the Governor shall include that amount in the
22		State budget submitted to the General Assembly.
23		(Source: P.A. 103-570, eff. 1-1-24.)
24		ARTICLE 99.

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