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Illinois General Assembly - Full Text of HB4496

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Full Text of HB4496

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HB4496 - 104th General Assembly

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HB4496 Engrossed
LRB104 20171 HLH 33622 b
1

AN ACT concerning State government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Procurement Code is amended by
5
changing Section 1-10 as follows:

6

(30 ILCS 500/1-10)
7

(Text of Section before amendment by P.A. 104-458
)
8

Sec. 1-10.
Application.
9

(a) This Code applies only to procurements for which
10
bidders, offerors, potential contractors, or contractors were
11
first solicited on or after July 1, 1998. This Code shall not
12
be construed to affect or impair any contract, or any
13
provision of a contract, entered into based on a solicitation
14
prior to the implementation date of this Code as described in
15
Article 99, including, but not limited to, any covenant
16
entered into with respect to any revenue bonds or similar
17
instruments. All procurements for which contracts are
18
solicited between the effective date of Articles 50 and 99 and
19
July 1, 1998 shall be substantially in accordance with this
20
Code and its intent.
21

(b) This Code shall apply regardless of the source of the
22
funds with which the contracts are paid, including federal
23
assistance moneys. This Code shall not apply to:

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

(1) Contracts between the State and its political
2

subdivisions or other governments, or between State
3

governmental bodies, except as specifically provided in
4

this Code.
5

(2) Grants, except for the filing requirements of
6

Section 20-80.
7

(3) Purchase of care, except as provided in Section
8

5-30.6 of the Illinois Public Aid Code and this Section.
9

(4) Hiring of an individual as an employee and not as
10

an independent contractor, whether pursuant to an
11

employment code or policy or by contract directly with
12

that individual.
13

(5) Collective bargaining contracts.
14

(6) Purchase of real estate, except that notice of
15

this type of contract with a value of more than $25,000
16

must be published in the Procurement Bulletin within 10
17

calendar days after the deed is recorded in the county of
18

jurisdiction. The notice shall identify the real estate
19

purchased, the names of all parties to the contract, the
20

value of the contract, and the effective date of the
21

contract.
22

(7) Contracts necessary to prepare for anticipated
23

litigation, enforcement actions, or investigations,
24

provided that the chief legal counsel to the Governor
25

shall give his or her prior approval when the procuring
26

agency is one subject to the jurisdiction of the Governor,

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

and provided that the chief legal counsel of any other
2

procuring entity subject to this Code shall give his or
3

her prior approval when the procuring entity is not one
4

subject to the jurisdiction of the Governor.
5

(8) (Blank).
6

(9) Procurement expenditures by the Illinois
7

Conservation Foundation when only private funds are used.
8

(10) (Blank).
9

(11) Public-private agreements entered into according
10

to the procurement requirements of Section 20 of the
11

Public-Private Partnerships for Transportation Act and
12

design-build agreements entered into according to the
13

procurement requirements of Section 25 of the
14

Public-Private Partnerships for Transportation Act.
15

(12) (A) Contracts for legal, financial, and other
16

professional and artistic services entered into by the
17

Illinois Finance Authority in which the State of Illinois
18

is not obligated. Such contracts shall be awarded through
19

a competitive process authorized by the members of the
20

Illinois Finance Authority and are subject to Sections
21

5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
22

as well as the final approval by the members of the
23

Illinois Finance Authority of the terms of the contract.
24

(B) Contracts for legal and financial services entered
25

into by the Illinois Housing Development Authority in
26

connection with the issuance of bonds in which the State

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

of Illinois is not obligated. Such contracts shall be
2

awarded through a competitive process authorized by the
3

members of the Illinois Housing Development Authority and
4

are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
5

and 50-37 of this Code, as well as the final approval by
6

the members of the Illinois Housing Development Authority
7

of the terms of the contract.
8

(13) Contracts for services, commodities, and
9

equipment to support the delivery of timely forensic
10

science services in consultation with and subject to the
11

approval of the Chief Procurement Officer as provided in
12

subsection (d) of Section 5-4-3a of the Unified Code of
13

Corrections, except for the requirements of Sections
14

20-60, 20-65, 20-70, and 20-160 and Article 50 of this
15

Code; however, the Chief Procurement Officer may, in
16

writing with justification, waive any certification
17

required under Article 50 of this Code. For any contracts
18

for services which are currently provided by members of a
19

collective bargaining agreement, the applicable terms of
20

the collective bargaining agreement concerning
21

subcontracting shall be followed.
22

On and after January 1, 2019, this paragraph (13),
23

except for this sentence, is inoperative.
24

(14) Contracts for participation expenditures required
25

by a domestic or international trade show or exhibition of
26

an exhibitor, member, or sponsor.

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

(15) Contracts with a railroad or utility that
2

requires the State to reimburse the railroad or utilities
3

for the relocation of utilities for construction or other
4

public purpose. Contracts included within this paragraph
5

(15) shall include, but not be limited to, those
6

associated with: relocations, crossings, installations,
7

and maintenance. For the purposes of this paragraph (15),
8

"railroad" means any form of non-highway ground
9

transportation that runs on rails or electromagnetic
10

guideways and "utility" means: (1) public utilities as
11

defined in Section 3-105 of the Public Utilities Act, (2)
12

telecommunications carriers as defined in Section 13-202
13

of the Public Utilities Act, (3) electric cooperatives as
14

defined in Section 3.4 of the Electric Supplier Act, (4)
15

telephone or telecommunications cooperatives as defined in
16

Section 13-212 of the Public Utilities Act, (5) rural
17

water or
wastewater

waste water
systems with 10,000
18

connections or less, (6) a holder as defined in Section
19

21-201 of the Public Utilities Act, and (7) municipalities
20

owning or operating utility systems consisting of public
21

utilities as that term is defined in Section 11-117-2 of
22

the Illinois Municipal Code.
23

(16) Procurement expenditures necessary for the
24

Department of Public Health to provide the delivery of
25

timely newborn screening services in accordance with the
26

Newborn Metabolic Screening Act.

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

(17) Procurement expenditures necessary for the
2

Department of Agriculture, the Department of Financial and
3

Professional Regulation, the Department of Human Services,
4

and the Department of Public Health to implement the
5

Compassionate Use of Medical Cannabis Program and Opioid
6

Alternative Pilot Program requirements and ensure access
7

to medical cannabis for patients with debilitating medical
8

conditions in accordance with the Compassionate Use of
9

Medical Cannabis Program Act.
10

(18) This Code does not apply to any procurements
11

necessary for the Department of Agriculture, the
12

Department of Financial and Professional Regulation, the
13

Department of Human Services, the Department of Commerce
14

and Economic Opportunity, and the Department of Public
15

Health to implement the Cannabis Regulation and Tax Act if
16

the applicable agency has made a good faith determination
17

that it is necessary and appropriate for the expenditure
18

to fall within this exemption and if the process is
19

conducted in a manner substantially in accordance with the
20

requirements of Sections 20-160, 25-60, 30-22, 50-5,
21

50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
22

50-36, 50-37, 50-38, and 50-50 of this Code; however, for
23

Section 50-35, compliance applies only to contracts or
24

subcontracts over $100,000. Notice of each contract
25

entered into under this paragraph (18) that is related to
26

the procurement of goods and services identified in

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

paragraph (1) through (9) of this subsection shall be
2

published in the Procurement Bulletin within 14 calendar
3

days after contract execution. The Chief Procurement
4

Officer shall prescribe the form and content of the
5

notice. Each agency shall provide the Chief Procurement
6

Officer, on a monthly basis, in the form and content
7

prescribed by the Chief Procurement Officer, a report of
8

contracts that are related to the procurement of goods and
9

services identified in this subsection. At a minimum, this
10

report shall include the name of the contractor, a
11

description of the supply or service provided, the total
12

amount of the contract, the term of the contract, and the
13

exception to this Code utilized. A copy of any or all of
14

these contracts shall be made available to the Chief
15

Procurement Officer immediately upon request. The Chief
16

Procurement Officer shall submit a report to the Governor
17

and General Assembly no later than November 1 of each year
18

that includes, at a minimum, an annual summary of the
19

monthly information reported to the Chief Procurement
20

Officer. This exemption becomes inoperative 5 years after
21

June 25, 2019 (the effective date of Public Act 101-27).
22

(19) Acquisition of modifications or adjustments,
23

limited to assistive technology devices and assistive
24

technology services, adaptive equipment, repairs, and
25

replacement parts to provide reasonable accommodations (i)
26

that enable a qualified applicant with a disability to

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

complete the job application process and be considered for
2

the position such qualified applicant desires, (ii) that
3

modify or adjust the work environment to enable a
4

qualified current employee with a disability to perform
5

the essential functions of the position held by that
6

employee, (iii) to enable a qualified current employee
7

with a disability to enjoy equal benefits and privileges
8

of employment as are enjoyed by other similarly situated
9

employees without disabilities, and (iv) that allow a
10

customer, client, claimant, or member of the public
11

seeking State services full use and enjoyment of and
12

access to its programs, services, or benefits.
13

For purposes of this paragraph (19):
14

"Assistive technology devices" means any item, piece
15

of equipment, or product system, whether acquired
16

commercially off the shelf, modified, or customized, that
17

is used to increase, maintain, or improve functional
18

capabilities of individuals with disabilities.
19

"Assistive technology services" means any service that
20

directly assists an individual with a disability in
21

selection, acquisition, or use of an assistive technology
22

device.
23

"Qualified" has the same meaning and use as provided
24

under the federal Americans with Disabilities Act when
25

describing an individual with a disability.
26

(20) Procurement expenditures necessary for the

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

Illinois Commerce Commission to hire third-party
2

facilitators pursuant to Sections 16-105.17 and 16-108.18
3

of the Public Utilities Act or an ombudsman pursuant to
4

Section 16-107.5 of the Public Utilities Act, a
5

facilitator pursuant to Section 16-105.17 of the Public
6

Utilities Act, or a grid auditor pursuant to Section
7

16-105.10 of the Public Utilities Act.
8

(21) Procurement expenditures for the purchase,
9

renewal, and expansion of software, software licenses, or
10

software maintenance agreements that support the efforts
11

of the Illinois State Police to enforce, regulate, and
12

administer the Firearm Owners Identification Card Act, the
13

Firearm Concealed Carry Act, the Firearms Restraining
14

Order Act, the Firearm Dealer License Certification Act,
15

the Law Enforcement Agencies Data System (LEADS), the
16

Uniform Crime Reporting Act, the Criminal Identification
17

Act, the Illinois Uniform Conviction Information Act, and
18

the Gun Trafficking Information Act, or establish or
19

maintain record management systems necessary to conduct
20

human trafficking investigations or gun trafficking or
21

other stolen firearm investigations. This paragraph (21)
22

applies to contracts entered into on or after January 10,
23

2023 (the effective date of Public Act 102-1116) and the
24

renewal of contracts that are in effect on January 10,
25

2023 (the effective date of Public Act 102-1116).
26

(22) Contracts for project management services and

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

system integration services required for the completion of
2

the State's enterprise resource planning project. This
3

exemption becomes inoperative 5 years after June 7, 2023
4

(the effective date of the changes made to this Section by
5

Public Act 103-8). This paragraph (22) applies to
6

contracts entered into on or after June 7, 2023 (the
7

effective date of the changes made to this Section by
8

Public Act 103-8) and the renewal of contracts that are in
9

effect on June 7, 2023 (the effective date of the changes
10

made to this Section by Public Act 103-8).
11

(23) Procurements necessary for the Department of
12

Insurance to implement the Illinois Health Benefits
13

Exchange Law if the Department of Insurance has made a
14

good faith determination that it is necessary and
15

appropriate for the expenditure to fall within this
16

exemption. The procurement process shall be conducted in a
17

manner substantially in accordance with the requirements
18

of Sections 20-160 and 25-60 and Article 50 of this Code. A
19

copy of these contracts shall be made available to the
20

Chief Procurement Officer immediately upon request. This
21

paragraph is inoperative 5 years after June 27, 2023 (the
22

effective date of Public Act 103-103).
23

(24) Contracts for public education programming,
24

noncommercial sustaining announcements, public service
25

announcements, and public awareness and education
26

messaging with the nonprofit trade associations of the

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

providers of those services that inform the public on
2

immediate and ongoing health and safety risks and hazards.
3

(25) Procurements necessary for the Department of
4

Early Childhood to implement the Department of Early
5

Childhood Act if the Department has made a good faith
6

determination that it is necessary and appropriate for the
7

expenditure to fall within this exemption. This exemption
8

shall only be used for products and services procured
9

solely for use by the Department of Early Childhood. The
10

procurements may include those necessary to design and
11

build integrated, operational systems of programs and
12

services. The procurements may include, but are not
13

limited to, those necessary to align and update program
14

standards, integrate funding systems, design and establish
15

data and reporting systems, align and update models for
16

technical assistance and professional development, design
17

systems to manage grants and ensure compliance, design and
18

implement management and operational structures, and
19

establish new means of engaging with families, educators,
20

providers, and stakeholders. The procurement processes
21

shall be conducted in a manner substantially in accordance
22

with the requirements of Article 50 (ethics) and Sections
23

5-5 (Procurement Policy Board), 5-7 (Commission on Equity
24

and Inclusion), 20-80 (contract files), 20-120
25

(subcontractors), 20-155 (paperwork), 20-160
26

(ethics/campaign contribution prohibitions), 25-60

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

(prevailing wage), and 25-90 (prohibited and authorized
2

cybersecurity) of this Code. Beginning January 1, 2025,
3

the Department of Early Childhood shall provide a
4

quarterly report to the General Assembly detailing a list
5

of expenditures and contracts for which the Department
6

uses this exemption. This paragraph is inoperative on and
7

after July 1, 2027.
8

(26) Procurements that are necessary for increasing
9

the recruitment and retention of State employees,
10

particularly minority candidates for employment,
11

including:
12

(A) procurements related to registration fees for
13

job fairs and other outreach and recruitment events;
14

(B) production of recruitment materials; and
15

(C) other services related to recruitment and
16

retention of State employees.
17

The exemption under this paragraph (26) applies only
18

if the State agency has made a good faith determination
19

that it is necessary and appropriate for the expenditure
20

to fall within this paragraph (26). The procurement
21

process under this paragraph (26) shall be conducted in a
22

manner substantially in accordance with the requirements
23

of Sections 20-160 and 25-60 and Article 50 of this Code. A
24

copy of these contracts shall be made available to the
25

Chief Procurement Officer immediately upon request.
26

Nothing in this paragraph (26) authorizes the replacement

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

or diminishment of State responsibilities in hiring or the
2

positions that effectuate that hiring. This paragraph (26)
3

is inoperative on and after June 30, 2029.
4

(27) Procurements necessary for the Department of
5

Healthcare and Family Services to implement changes to the
6

State's Integrated Eligibility System to ensure the
7

system's compliance with federal implementation mandates
8

and deadlines, if the Department of Healthcare and Family
9

Services has made a good faith determination that it is
10

necessary and appropriate for the procurement to fall
11

within this exemption.
12

(28) After exhausting any procurement method available
13

through a contract already established under a chief
14

procurement officer joint purchasing program or
15

cooperative purchasing program, procurement expenditures
16

by or on behalf of the Department of Public Health, the
17

Department of Agriculture, the Illinois State Police, the
18

Department of Natural Resources, the Illinois Emergency
19

Management Agency and Office of Homeland Security, the
20

Department of Transportation, or the Illinois
21

Environmental Protection Agency for laboratory supplies,
22

laboratory equipment, software necessary for laboratory
23

operations, or service contracts that are necessary for
24

the applicable agency to operate State laboratories. The
25

exemption under this paragraph (28) applies only if the
26

applicable State agency has made a good faith

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

determination that it is necessary and appropriate for the
2

expenditure to fall within this exemption. The procurement
3

process shall be conducted in a manner substantially in
4

accordance with the requirements of Sections 20-160 and
5

25-60 and Article 50 of this Code. A copy of these
6

contracts shall be made available to the Chief Procurement
7

Officer immediately upon request. For any contracts for
8

services that are currently provided by members of a
9

collective bargaining agreement, the applicable terms of
10

the collective bargaining agreement concerning
11

subcontracting shall be followed.

12

Notwithstanding any other provision of law, for contracts
13
with an annual value of more than $100,000 entered into on or
14
after October 1, 2017 under an exemption provided in any
15
paragraph of this subsection (b), except paragraph (1), (2),
16
or (5), each State agency shall post to the appropriate
17
procurement bulletin the name of the contractor, a description
18
of the supply or service provided, the total amount of the
19
contract, the term of the contract, and the exception to the
20
Code utilized. The chief procurement officer shall submit a
21
report to the Governor and General Assembly no later than
22
November 1 of each year that shall include, at a minimum, an
23
annual summary of the monthly information reported to the
24
chief procurement officer.
25

(c) This Code does not apply to the electric power
26
procurement process provided for under Section 1-75 of the

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1
Illinois Power Agency Act and Section 16-111.5 of the Public
2
Utilities Act. This Code does not apply to the procurement of
3
technical and policy experts pursuant to Section 1-129 of the
4
Illinois Power Agency Act.
5

(d) Except for Section 20-160 and Article 50 of this Code,
6
and as expressly required by Section 9.1 of the Illinois
7
Lottery Law, the provisions of this Code do not apply to the
8
procurement process provided for under Section 9.1 of the
9
Illinois Lottery Law.
10

(e) This Code does not apply to the process used by the
11
Capital Development Board to retain a person or entity to
12
assist the Capital Development Board with its duties related
13
to the determination of costs of a clean coal SNG brownfield
14
facility, as defined by Section 1-10 of the Illinois Power
15
Agency Act, as required in subsection (h-3) of Section 9-220
16
of the Public Utilities Act, including calculating the range
17
of capital costs, the range of operating and maintenance
18
costs, or the sequestration costs or monitoring the
19
construction of clean coal SNG brownfield facility for the
20
full duration of construction.
21

(f) (Blank).
22

(g) (Blank).
23

(h) This Code does not apply to the process to procure or
24
contracts entered into in accordance with Sections 11-5.2 and
25
11-5.3 of the Illinois Public Aid Code.
26

(i) Each chief procurement officer may access records

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1
necessary to review whether a contract, purchase, or other
2
expenditure is or is not subject to the provisions of this
3
Code, unless such records would be subject to attorney-client
4
privilege.
5

(j) This Code does not apply to the process used by the
6
Capital Development Board to retain an artist or work or works
7
of art as required in Section 14 of the Capital Development
8
Board Act.
9

(k) This Code does not apply to the process to procure
10
contracts, or contracts entered into, by the State Board of
11
Elections or the State Electoral Board for hearing officers
12
appointed pursuant to the Election Code.
13

(l) This Code does not apply to the processes used by the
14
Illinois Student Assistance Commission to procure supplies and
15
services paid for from the private funds of the Illinois
16
Prepaid Tuition Fund. As used in this subsection (l), "private
17
funds" means funds derived from deposits paid into the
18
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
19

(m) This Code shall apply regardless of the source of
20
funds with which contracts are paid, including federal
21
assistance moneys. Except as specifically provided in this
22
Code, this Code shall not apply to procurement expenditures
23
necessary for the Department of Public Health to conduct the
24
Healthy Illinois Survey in accordance with Section 2310-431 of
25
the Department of Public Health Powers and Duties Law of the
26
Civil Administrative Code of Illinois.

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
2
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
3
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
4
eff. 6-16-25; 104-417, eff. 8-15-25)

5

(Text of Section after amendment by P.A. 104-458
)
6

Sec. 1-10.
Application.
7

(a) This Code applies only to procurements for which
8
bidders, offerors, potential contractors, or contractors were
9
first solicited on or after July 1, 1998. This Code shall not
10
be construed to affect or impair any contract, or any
11
provision of a contract, entered into based on a solicitation
12
prior to the implementation date of this Code as described in
13
Article 99, including, but not limited to, any covenant
14
entered into with respect to any revenue bonds or similar
15
instruments. All procurements for which contracts are
16
solicited between the effective date of Articles 50 and 99 and
17
July 1, 1998 shall be substantially in accordance with this
18
Code and its intent.
19

(b) This Code shall apply regardless of the source of the
20
funds with which the contracts are paid, including federal
21
assistance moneys. This Code shall not apply to:
22

(1) Contracts between the State and its political
23

subdivisions or other governments, or between State
24

governmental bodies, except as specifically provided in
25

this Code.

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1

(2) Grants, except for the filing requirements of
2

Section 20-80.
3

(3) Purchase of care, except as provided in Section
4

5-30.6 of the Illinois Public Aid Code and this Section.
5

(4) Hiring of an individual as an employee and not as
6

an independent contractor, whether pursuant to an
7

employment code or policy or by contract directly with
8

that individual.
9

(5) Collective bargaining contracts.
10

(6) Purchase of real estate, except that notice of
11

this type of contract with a value of more than $25,000
12

must be published in the Procurement Bulletin within 10
13

calendar days after the deed is recorded in the county of
14

jurisdiction. The notice shall identify the real estate
15

purchased, the names of all parties to the contract, the
16

value of the contract, and the effective date of the
17

contract.
18

(7) Contracts necessary to prepare for anticipated
19

litigation, enforcement actions, or investigations,
20

provided that the chief legal counsel to the Governor
21

shall give his or her prior approval when the procuring
22

agency is one subject to the jurisdiction of the Governor,
23

and provided that the chief legal counsel of any other
24

procuring entity subject to this Code shall give his or
25

her prior approval when the procuring entity is not one
26

subject to the jurisdiction of the Governor.

HB4496 Engrossed
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1

(8) (Blank).
2

(9) Procurement expenditures by the Illinois
3

Conservation Foundation when only private funds are used.
4

(10) (Blank).
5

(11) Public-private agreements entered into according
6

to the procurement requirements of Section 20 of the
7

Public-Private Partnerships for Transportation Act and
8

design-build agreements entered into according to the
9

procurement requirements of Section 25 of the
10

Public-Private Partnerships for Transportation Act.
11

(12) (A) Contracts for legal, financial, and other
12

professional and artistic services entered into by the
13

Illinois Finance Authority in which the State of Illinois
14

is not obligated. Such contracts shall be awarded through
15

a competitive process authorized by the members of the
16

Illinois Finance Authority and are subject to Sections
17

5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
18

as well as the final approval by the members of the
19

Illinois Finance Authority of the terms of the contract.
20

(B) Contracts for legal and financial services entered
21

into by the Illinois Housing Development Authority in
22

connection with the issuance of bonds in which the State
23

of Illinois is not obligated. Such contracts shall be
24

awarded through a competitive process authorized by the
25

members of the Illinois Housing Development Authority and
26

are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

and 50-37 of this Code, as well as the final approval by
2

the members of the Illinois Housing Development Authority
3

of the terms of the contract.
4

(13) Contracts for services, commodities, and
5

equipment to support the delivery of timely forensic
6

science services in consultation with and subject to the
7

approval of the Chief Procurement Officer as provided in
8

subsection (d) of Section 5-4-3a of the Unified Code of
9

Corrections, except for the requirements of Sections
10

20-60, 20-65, 20-70, and 20-160 and Article 50 of this
11

Code; however, the Chief Procurement Officer may, in
12

writing with justification, waive any certification
13

required under Article 50 of this Code. For any contracts
14

for services which are currently provided by members of a
15

collective bargaining agreement, the applicable terms of
16

the collective bargaining agreement concerning
17

subcontracting shall be followed.
18

On and after January 1, 2019, this paragraph (13),
19

except for this sentence, is inoperative.
20

(14) Contracts for participation expenditures required
21

by a domestic or international trade show or exhibition of
22

an exhibitor, member, or sponsor.
23

(15) Contracts with a railroad or utility that
24

requires the State to reimburse the railroad or utilities
25

for the relocation of utilities for construction or other
26

public purpose. Contracts included within this paragraph

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

(15) shall include, but not be limited to, those
2

associated with: relocations, crossings, installations,
3

and maintenance. For the purposes of this paragraph (15),
4

"railroad" means any form of non-highway ground
5

transportation that runs on rails or electromagnetic
6

guideways and "utility" means: (1) public utilities as
7

defined in Section 3-105 of the Public Utilities Act, (2)
8

telecommunications carriers as defined in Section 13-202
9

of the Public Utilities Act, (3) electric cooperatives as
10

defined in Section 3.4 of the Electric Supplier Act, (4)
11

telephone or telecommunications cooperatives as defined in
12

Section 13-212 of the Public Utilities Act, (5) rural
13

water or
wastewater

waste water
systems with 10,000
14

connections or less, (6) a holder as defined in Section
15

21-201 of the Public Utilities Act, and (7) municipalities
16

owning or operating utility systems consisting of public
17

utilities as that term is defined in Section 11-117-2 of
18

the Illinois Municipal Code.
19

(16) Procurement expenditures necessary for the
20

Department of Public Health to provide the delivery of
21

timely newborn screening services in accordance with the
22

Newborn Metabolic Screening Act.
23

(17) Procurement expenditures necessary for the
24

Department of Agriculture, the Department of Financial and
25

Professional Regulation, the Department of Human Services,
26

and the Department of Public Health to implement the

HB4496 Engrossed
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1

Compassionate Use of Medical Cannabis Program and Opioid
2

Alternative Pilot Program requirements and ensure access
3

to medical cannabis for patients with debilitating medical
4

conditions in accordance with the Compassionate Use of
5

Medical Cannabis Program Act.
6

(18) This Code does not apply to any procurements
7

necessary for the Department of Agriculture, the
8

Department of Financial and Professional Regulation, the
9

Department of Human Services, the Department of Commerce
10

and Economic Opportunity, and the Department of Public
11

Health to implement the Cannabis Regulation and Tax Act if
12

the applicable agency has made a good faith determination
13

that it is necessary and appropriate for the expenditure
14

to fall within this exemption and if the process is
15

conducted in a manner substantially in accordance with the
16

requirements of Sections 20-160, 25-60, 30-22, 50-5,
17

50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
18

50-36, 50-37, 50-38, and 50-50 of this Code; however, for
19

Section 50-35, compliance applies only to contracts or
20

subcontracts over $100,000. Notice of each contract
21

entered into under this paragraph (18) that is related to
22

the procurement of goods and services identified in
23

paragraph (1) through (9) of this subsection shall be
24

published in the Procurement Bulletin within 14 calendar
25

days after contract execution. The Chief Procurement
26

Officer shall prescribe the form and content of the

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

notice. Each agency shall provide the Chief Procurement
2

Officer, on a monthly basis, in the form and content
3

prescribed by the Chief Procurement Officer, a report of
4

contracts that are related to the procurement of goods and
5

services identified in this subsection. At a minimum, this
6

report shall include the name of the contractor, a
7

description of the supply or service provided, the total
8

amount of the contract, the term of the contract, and the
9

exception to this Code utilized. A copy of any or all of
10

these contracts shall be made available to the Chief
11

Procurement Officer immediately upon request. The Chief
12

Procurement Officer shall submit a report to the Governor
13

and General Assembly no later than November 1 of each year
14

that includes, at a minimum, an annual summary of the
15

monthly information reported to the Chief Procurement
16

Officer. This exemption becomes inoperative 5 years after
17

June 25, 2019 (the effective date of Public Act 101-27).
18

(19) Acquisition of modifications or adjustments,
19

limited to assistive technology devices and assistive
20

technology services, adaptive equipment, repairs, and
21

replacement parts to provide reasonable accommodations (i)
22

that enable a qualified applicant with a disability to
23

complete the job application process and be considered for
24

the position such qualified applicant desires, (ii) that
25

modify or adjust the work environment to enable a
26

qualified current employee with a disability to perform

HB4496 Engrossed
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1

the essential functions of the position held by that
2

employee, (iii) to enable a qualified current employee
3

with a disability to enjoy equal benefits and privileges
4

of employment as are enjoyed by other similarly situated
5

employees without disabilities, and (iv) that allow a
6

customer, client, claimant, or member of the public
7

seeking State services full use and enjoyment of and
8

access to its programs, services, or benefits.
9

For purposes of this paragraph (19):
10

"Assistive technology devices" means any item, piece
11

of equipment, or product system, whether acquired
12

commercially off the shelf, modified, or customized, that
13

is used to increase, maintain, or improve functional
14

capabilities of individuals with disabilities.
15

"Assistive technology services" means any service that
16

directly assists an individual with a disability in
17

selection, acquisition, or use of an assistive technology
18

device.
19

"Qualified" has the same meaning and use as provided
20

under the federal Americans with Disabilities Act when
21

describing an individual with a disability.
22

(20) Procurement expenditures necessary for the
23

Illinois Commerce Commission to hire third-party
24

facilitators pursuant to Sections 16-105.17 and 16-108.18
25

of the Public Utilities Act or an ombudsman pursuant to
26

Section 16-107.5 of the Public Utilities Act, a

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

facilitator pursuant to Section 16-105.17 of the Public
2

Utilities Act, a grid auditor pursuant to Section
3

16-105.10 of the Public Utilities Act, a facilitator,
4

expert, or consultant pursuant to Sections 16-126.2 and
5

16-202 of the Public Utilities Act, a procurement monitor
6

pursuant to Section 16-111.5 of the Public Utilities Act,
7

an ombudsperson pursuant to Section 20-145 of the Public
8

Utilities Act, or consultants and experts pursuant to
9

Section 5-15 of the Utility Data Access Act.
10

(21) Procurement expenditures for the purchase,
11

renewal, and expansion of software, software licenses, or
12

software maintenance agreements that support the efforts
13

of the Illinois State Police to enforce, regulate, and
14

administer the Firearm Owners Identification Card Act, the
15

Firearm Concealed Carry Act, the Firearms Restraining
16

Order Act, the Firearm Dealer License Certification Act,
17

the Law Enforcement Agencies Data System (LEADS), the
18

Uniform Crime Reporting Act, the Criminal Identification
19

Act, the Illinois Uniform Conviction Information Act, and
20

the Gun Trafficking Information Act, or establish or
21

maintain record management systems necessary to conduct
22

human trafficking investigations or gun trafficking or
23

other stolen firearm investigations. This paragraph (21)
24

applies to contracts entered into on or after January 10,
25

2023 (the effective date of Public Act 102-1116) and the
26

renewal of contracts that are in effect on January 10,

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

2023 (the effective date of Public Act 102-1116).
2

(22) Contracts for project management services and
3

system integration services required for the completion of
4

the State's enterprise resource planning project. This
5

exemption becomes inoperative 5 years after June 7, 2023
6

(the effective date of the changes made to this Section by
7

Public Act 103-8). This paragraph (22) applies to
8

contracts entered into on or after June 7, 2023 (the
9

effective date of the changes made to this Section by
10

Public Act 103-8) and the renewal of contracts that are in
11

effect on June 7, 2023 (the effective date of the changes
12

made to this Section by Public Act 103-8).
13

(23) Procurements necessary for the Department of
14

Insurance to implement the Illinois Health Benefits
15

Exchange Law if the Department of Insurance has made a
16

good faith determination that it is necessary and
17

appropriate for the expenditure to fall within this
18

exemption. The procurement process shall be conducted in a
19

manner substantially in accordance with the requirements
20

of Sections 20-160 and 25-60 and Article 50 of this Code. A
21

copy of these contracts shall be made available to the
22

Chief Procurement Officer immediately upon request. This
23

paragraph is inoperative 5 years after June 27, 2023 (the
24

effective date of Public Act 103-103).
25

(24) Contracts for public education programming,
26

noncommercial sustaining announcements, public service

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

announcements, and public awareness and education
2

messaging with the nonprofit trade associations of the
3

providers of those services that inform the public on
4

immediate and ongoing health and safety risks and hazards.
5

(25) Procurements necessary for the Department of
6

Early Childhood to implement the Department of Early
7

Childhood Act if the Department has made a good faith
8

determination that it is necessary and appropriate for the
9

expenditure to fall within this exemption. This exemption
10

shall only be used for products and services procured
11

solely for use by the Department of Early Childhood. The
12

procurements may include those necessary to design and
13

build integrated, operational systems of programs and
14

services. The procurements may include, but are not
15

limited to, those necessary to align and update program
16

standards, integrate funding systems, design and establish
17

data and reporting systems, align and update models for
18

technical assistance and professional development, design
19

systems to manage grants and ensure compliance, design and
20

implement management and operational structures, and
21

establish new means of engaging with families, educators,
22

providers, and stakeholders. The procurement processes
23

shall be conducted in a manner substantially in accordance
24

with the requirements of Article 50 (ethics) and Sections
25

5-5 (Procurement Policy Board), 5-7 (Commission on Equity
26

and Inclusion), 20-80 (contract files), 20-120

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

(subcontractors), 20-155 (paperwork), 20-160
2

(ethics/campaign contribution prohibitions), 25-60
3

(prevailing wage), and 25-90 (prohibited and authorized
4

cybersecurity) of this Code. Beginning January 1, 2025,
5

the Department of Early Childhood shall provide a
6

quarterly report to the General Assembly detailing a list
7

of expenditures and contracts for which the Department
8

uses this exemption. This paragraph is inoperative on and
9

after July 1, 2027.
10

(26) Procurements that are necessary for increasing
11

the recruitment and retention of State employees,
12

particularly minority candidates for employment,
13

including:
14

(A) procurements related to registration fees for
15

job fairs and other outreach and recruitment events;
16

(B) production of recruitment materials; and
17

(C) other services related to recruitment and
18

retention of State employees.
19

The exemption under this paragraph (26) applies only
20

if the State agency has made a good faith determination
21

that it is necessary and appropriate for the expenditure
22

to fall within this paragraph (26). The procurement
23

process under this paragraph (26) shall be conducted in a
24

manner substantially in accordance with the requirements
25

of Sections 20-160 and 25-60 and Article 50 of this Code. A
26

copy of these contracts shall be made available to the

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

Chief Procurement Officer immediately upon request.
2

Nothing in this paragraph (26) authorizes the replacement
3

or diminishment of State responsibilities in hiring or the
4

positions that effectuate that hiring. This paragraph (26)
5

is inoperative on and after June 30, 2029.
6

(27) Procurements necessary for the Department of
7

Healthcare and Family Services to implement changes to the
8

State's Integrated Eligibility System to ensure the
9

system's compliance with federal implementation mandates
10

and deadlines, if the Department of Healthcare and Family
11

Services has made a good faith determination that it is
12

necessary and appropriate for the procurement to fall
13

within this exemption.
14

(28) After exhausting any procurement method available
15

through a contract already established under a chief
16

procurement officer joint purchasing program or
17

cooperative purchasing program, procurement expenditures
18

by or on behalf of the Department of Public Health, the
19

Department of Agriculture, the Illinois State Police, the
20

Department of Natural Resources, the Illinois Emergency
21

Management Agency and Office of Homeland Security, the
22

Department of Transportation, or the Illinois
23

Environmental Protection Agency for laboratory supplies,
24

laboratory equipment, software necessary for laboratory
25

operations, or service contracts that are necessary for
26

the applicable agency to operate State laboratories. The

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

exemption under this paragraph (28) applies only if the
2

applicable State agency has made a good faith
3

determination that it is necessary and appropriate for the
4

expenditure to fall within this exemption. The procurement
5

process shall be conducted in a manner substantially in
6

accordance with the requirements of Sections 20-160 and
7

25-60 and Article 50 of this Code. A copy of these
8

contracts shall be made available to the Chief Procurement
9

Officer immediately upon request. For any contracts for
10

services that are currently provided by members of a
11

collective bargaining agreement, the applicable terms of
12

the collective bargaining agreement concerning
13

subcontracting shall be followed.

14

Notwithstanding any other provision of law, for contracts
15
with an annual value of more than $100,000 entered into on or
16
after October 1, 2017 under an exemption provided in any
17
paragraph of this subsection (b), except paragraph (1), (2),
18
or (5), each State agency shall post to the appropriate
19
procurement bulletin the name of the contractor, a description
20
of the supply or service provided, the total amount of the
21
contract, the term of the contract, and the exception to the
22
Code utilized. The chief procurement officer shall submit a
23
report to the Governor and General Assembly no later than
24
November 1 of each year that shall include, at a minimum, an
25
annual summary of the monthly information reported to the
26
chief procurement officer.

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1

(c) This Code does not apply to the electric power
2
procurement process provided for under Section 1-75 of the
3
Illinois Power Agency Act and Section 16-111.5 of the Public
4
Utilities Act. This Code does not apply to the procurement of
5
technical and policy experts pursuant to Section 1-129 of the
6
Illinois Power Agency Act.
7

(d) Except for Section 20-160 and Article 50 of this Code,
8
and as expressly required by Section 9.1 of the Illinois
9
Lottery Law, the provisions of this Code do not apply to the
10
procurement process provided for under Section 9.1 of the
11
Illinois Lottery Law.
12

(e) This Code does not apply to the process used by the
13
Capital Development Board to retain a person or entity to
14
assist the Capital Development Board with its duties related
15
to the determination of costs of a clean coal SNG brownfield
16
facility, as defined by Section 1-10 of the Illinois Power
17
Agency Act, as required in subsection (h-3) of Section 9-220
18
of the Public Utilities Act, including calculating the range
19
of capital costs, the range of operating and maintenance
20
costs, or the sequestration costs or monitoring the
21
construction of clean coal SNG brownfield facility for the
22
full duration of construction.
23

(f) (Blank).
24

(g) (Blank).
25

(h) This Code does not apply to the process to procure or
26
contracts entered into in accordance with Sections 11-5.2 and

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1
11-5.3 of the Illinois Public Aid Code.
2

(i) Each chief procurement officer may access records
3
necessary to review whether a contract, purchase, or other
4
expenditure is or is not subject to the provisions of this
5
Code, unless such records would be subject to attorney-client
6
privilege.
7

(j) This Code does not apply to the process used by the
8
Capital Development Board to retain an artist or work or works
9
of art as required in Section 14 of the Capital Development
10
Board Act.
11

(k) This Code does not apply to the process to procure
12
contracts, or contracts entered into, by the State Board of
13
Elections or the State Electoral Board for hearing officers
14
appointed pursuant to the Election Code.
15

(l) This Code does not apply to the processes used by the
16
Illinois Student Assistance Commission to procure supplies and
17
services paid for from the private funds of the Illinois
18
Prepaid Tuition Fund. As used in this subsection (l), "private
19
funds" means funds derived from deposits paid into the
20
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
21

(m) This Code shall apply regardless of the source of
22
funds with which contracts are paid, including federal
23
assistance moneys. Except as specifically provided in this
24
Code, this Code shall not apply to procurement expenditures
25
necessary for the Department of Public Health to conduct the
26
Healthy Illinois Survey in accordance with Section 2310-431 of

HB4496 Engrossed
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LRB104 20171 HLH 33622 b
1
the Department of Public Health Powers and Duties Law of the
2
Civil Administrative Code of Illinois.
3
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
4
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
5
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
6
eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;
7
revised 1-12-26.)

8

Section 95.
No acceleration or delay.
Where this Act makes
9
changes in a statute that is represented in this Act by text
10
that is not yet or no longer in effect (for example, a Section
11
represented by multiple versions), the use of that text does
12
not accelerate or delay the taking effect of (i) the changes
13
made by this Act or (ii) provisions derived from any other
14
Public Act.

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