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HB5291 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5291

Introduced 2/10/2026, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

30 ILCS 500/1-10

Amends the Illinois Procurement Code. Provides that the Code does not
apply to procurement expenditures that are necessary for the Illinois
Emergency Management Agency and Office of Homeland Security to respond to
a radiological incident, to monitor a nuclear power plant, or to use at a
nuclear facility. Effective immediately.
LRB104 18422 HLH 31864 b

A BILL FOR

HB5291
LRB104 18422 HLH 31864 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

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:

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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,

HB5291
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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

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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.

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(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.

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LRB104 18422 HLH 31864 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

HB5291
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LRB104 18422 HLH 31864 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

HB5291
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LRB104 18422 HLH 31864 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

HB5291
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LRB104 18422 HLH 31864 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

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LRB104 18422 HLH 31864 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

HB5291
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LRB104 18422 HLH 31864 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

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LRB104 18422 HLH 31864 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

HB5291
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LRB104 18422 HLH 31864 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) Procurement expenditures that are necessary for
13

the Illinois Emergency Management Agency and Office of
14

Homeland Security to respond to a radiological incident,
15

to monitor a nuclear power plant, or to use at a nuclear
16

facility; to qualify for the exemption under this
17

paragraph, the Illinois Emergency Management Agency and
18

Office of Homeland Security must make a good faith
19

determination that it is necessary and appropriate for the
20

expenditure to fall within this exemption. A copy of the
21

contract for an expenditure under this item (28) shall be
22

made available to the Chief Procurement Office immediately
23

upon request.

24

Notwithstanding any other provision of law, for contracts
25
with an annual value of more than $100,000 entered into on or
26
after October 1, 2017 under an exemption provided in any

HB5291
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LRB104 18422 HLH 31864 b
1
paragraph of this subsection (b), except paragraph (1), (2),
2
or (5), each State agency shall post to the appropriate
3
procurement bulletin the name of the contractor, a description
4
of the supply or service provided, the total amount of the
5
contract, the term of the contract, and the exception to the
6
Code utilized. The chief procurement officer shall submit a
7
report to the Governor and General Assembly no later than
8
November 1 of each year that shall include, at a minimum, an
9
annual summary of the monthly information reported to the
10
chief procurement officer.
11

(c) This Code does not apply to the electric power
12
procurement process provided for under Section 1-75 of the
13
Illinois Power Agency Act and Section 16-111.5 of the Public
14
Utilities Act. This Code does not apply to the procurement of
15
technical and policy experts pursuant to Section 1-129 of the
16
Illinois Power Agency Act.
17

(d) Except for Section 20-160 and Article 50 of this Code,
18
and as expressly required by Section 9.1 of the Illinois
19
Lottery Law, the provisions of this Code do not apply to the
20
procurement process provided for under Section 9.1 of the
21
Illinois Lottery Law.
22

(e) This Code does not apply to the process used by the
23
Capital Development Board to retain a person or entity to
24
assist the Capital Development Board with its duties related
25
to the determination of costs of a clean coal SNG brownfield
26
facility, as defined by Section 1-10 of the Illinois Power

HB5291
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LRB104 18422 HLH 31864 b
1
Agency Act, as required in subsection (h-3) of Section 9-220
2
of the Public Utilities Act, including calculating the range
3
of capital costs, the range of operating and maintenance
4
costs, or the sequestration costs or monitoring the
5
construction of clean coal SNG brownfield facility for the
6
full duration of construction.
7

(f) (Blank).
8

(g) (Blank).
9

(h) This Code does not apply to the process to procure or
10
contracts entered into in accordance with Sections 11-5.2 and
11
11-5.3 of the Illinois Public Aid Code.
12

(i) Each chief procurement officer may access records
13
necessary to review whether a contract, purchase, or other
14
expenditure is or is not subject to the provisions of this
15
Code, unless such records would be subject to attorney-client
16
privilege.
17

(j) This Code does not apply to the process used by the
18
Capital Development Board to retain an artist or work or works
19
of art as required in Section 14 of the Capital Development
20
Board Act.
21

(k) This Code does not apply to the process to procure
22
contracts, or contracts entered into, by the State Board of
23
Elections or the State Electoral Board for hearing officers
24
appointed pursuant to the Election Code.
25

(l) This Code does not apply to the processes used by the
26
Illinois Student Assistance Commission to procure supplies and

HB5291
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1
services paid for from the private funds of the Illinois
2
Prepaid Tuition Fund. As used in this subsection (l), "private
3
funds" means funds derived from deposits paid into the
4
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
5

(m) This Code shall apply regardless of the source of
6
funds with which contracts are paid, including federal
7
assistance moneys. Except as specifically provided in this
8
Code, this Code shall not apply to procurement expenditures
9
necessary for the Department of Public Health to conduct the
10
Healthy Illinois Survey in accordance with Section 2310-431 of
11
the Department of Public Health Powers and Duties Law of the
12
Civil Administrative Code of Illinois.
13
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
14
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
15
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
16
eff. 6-16-25; 104-417, eff. 8-15-25)

17

(Text of Section after amendment by P.A. 104-458
)
18

Sec. 1-10.
Application.
19

(a) This Code applies only to procurements for which
20
bidders, offerors, potential contractors, or contractors were
21
first solicited on or after July 1, 1998. This Code shall not
22
be construed to affect or impair any contract, or any
23
provision of a contract, entered into based on a solicitation
24
prior to the implementation date of this Code as described in
25
Article 99, including, but not limited to, any covenant

HB5291
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LRB104 18422 HLH 31864 b
1
entered into with respect to any revenue bonds or similar
2
instruments. All procurements for which contracts are
3
solicited between the effective date of Articles 50 and 99 and
4
July 1, 1998 shall be substantially in accordance with this
5
Code and its intent.
6

(b) This Code shall apply regardless of the source of the
7
funds with which the contracts are paid, including federal
8
assistance moneys. This Code shall not apply to:
9

(1) Contracts between the State and its political
10

subdivisions or other governments, or between State
11

governmental bodies, except as specifically provided in
12

this Code.
13

(2) Grants, except for the filing requirements of
14

Section 20-80.
15

(3) Purchase of care, except as provided in Section
16

5-30.6 of the Illinois Public Aid Code and this Section.
17

(4) Hiring of an individual as an employee and not as
18

an independent contractor, whether pursuant to an
19

employment code or policy or by contract directly with
20

that individual.
21

(5) Collective bargaining contracts.
22

(6) Purchase of real estate, except that notice of
23

this type of contract with a value of more than $25,000
24

must be published in the Procurement Bulletin within 10
25

calendar days after the deed is recorded in the county of
26

jurisdiction. The notice shall identify the real estate

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1

purchased, the names of all parties to the contract, the
2

value of the contract, and the effective date of the
3

contract.
4

(7) Contracts necessary to prepare for anticipated
5

litigation, enforcement actions, or investigations,
6

provided that the chief legal counsel to the Governor
7

shall give his or her prior approval when the procuring
8

agency is one subject to the jurisdiction of the Governor,
9

and provided that the chief legal counsel of any other
10

procuring entity subject to this Code shall give his or
11

her prior approval when the procuring entity is not one
12

subject to the jurisdiction of the Governor.
13

(8) (Blank).
14

(9) Procurement expenditures by the Illinois
15

Conservation Foundation when only private funds are used.
16

(10) (Blank).
17

(11) Public-private agreements entered into according
18

to the procurement requirements of Section 20 of the
19

Public-Private Partnerships for Transportation Act and
20

design-build agreements entered into according to the
21

procurement requirements of Section 25 of the
22

Public-Private Partnerships for Transportation Act.
23

(12) (A) Contracts for legal, financial, and other
24

professional and artistic services entered into by the
25

Illinois Finance Authority in which the State of Illinois
26

is not obligated. Such contracts shall be awarded through

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1

a competitive process authorized by the members of the
2

Illinois Finance Authority and are subject to Sections
3

5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
4

as well as the final approval by the members of the
5

Illinois Finance Authority of the terms of the contract.
6

(B) Contracts for legal and financial services entered
7

into by the Illinois Housing Development Authority in
8

connection with the issuance of bonds in which the State
9

of Illinois is not obligated. Such contracts shall be
10

awarded through a competitive process authorized by the
11

members of the Illinois Housing Development Authority and
12

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

and 50-37 of this Code, as well as the final approval by
14

the members of the Illinois Housing Development Authority
15

of the terms of the contract.
16

(13) Contracts for services, commodities, and
17

equipment to support the delivery of timely forensic
18

science services in consultation with and subject to the
19

approval of the Chief Procurement Officer as provided in
20

subsection (d) of Section 5-4-3a of the Unified Code of
21

Corrections, except for the requirements of Sections
22

20-60, 20-65, 20-70, and 20-160 and Article 50 of this
23

Code; however, the Chief Procurement Officer may, in
24

writing with justification, waive any certification
25

required under Article 50 of this Code. For any contracts
26

for services which are currently provided by members of a

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1

collective bargaining agreement, the applicable terms of
2

the collective bargaining agreement concerning
3

subcontracting shall be followed.
4

On and after January 1, 2019, this paragraph (13),
5

except for this sentence, is inoperative.
6

(14) Contracts for participation expenditures required
7

by a domestic or international trade show or exhibition of
8

an exhibitor, member, or sponsor.
9

(15) Contracts with a railroad or utility that
10

requires the State to reimburse the railroad or utilities
11

for the relocation of utilities for construction or other
12

public purpose. Contracts included within this paragraph
13

(15) shall include, but not be limited to, those
14

associated with: relocations, crossings, installations,
15

and maintenance. For the purposes of this paragraph (15),
16

"railroad" means any form of non-highway ground
17

transportation that runs on rails or electromagnetic
18

guideways and "utility" means: (1) public utilities as
19

defined in Section 3-105 of the Public Utilities Act, (2)
20

telecommunications carriers as defined in Section 13-202
21

of the Public Utilities Act, (3) electric cooperatives as
22

defined in Section 3.4 of the Electric Supplier Act, (4)
23

telephone or telecommunications cooperatives as defined in
24

Section 13-212 of the Public Utilities Act, (5) rural
25

water or
wastewater

waste water
systems with 10,000
26

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

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1

21-201 of the Public Utilities Act, and (7) municipalities
2

owning or operating utility systems consisting of public
3

utilities as that term is defined in Section 11-117-2 of
4

the Illinois Municipal Code.
5

(16) Procurement expenditures necessary for the
6

Department of Public Health to provide the delivery of
7

timely newborn screening services in accordance with the
8

Newborn Metabolic Screening Act.
9

(17) Procurement expenditures necessary for the
10

Department of Agriculture, the Department of Financial and
11

Professional Regulation, the Department of Human Services,
12

and the Department of Public Health to implement the
13

Compassionate Use of Medical Cannabis Program and Opioid
14

Alternative Pilot Program requirements and ensure access
15

to medical cannabis for patients with debilitating medical
16

conditions in accordance with the Compassionate Use of
17

Medical Cannabis Program Act.
18

(18) This Code does not apply to any procurements
19

necessary for the Department of Agriculture, the
20

Department of Financial and Professional Regulation, the
21

Department of Human Services, the Department of Commerce
22

and Economic Opportunity, and the Department of Public
23

Health to implement the Cannabis Regulation and Tax Act if
24

the applicable agency has made a good faith determination
25

that it is necessary and appropriate for the expenditure
26

to fall within this exemption and if the process is

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1

conducted in a manner substantially in accordance with the
2

requirements of Sections 20-160, 25-60, 30-22, 50-5,
3

50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
4

50-36, 50-37, 50-38, and 50-50 of this Code; however, for
5

Section 50-35, compliance applies only to contracts or
6

subcontracts over $100,000. Notice of each contract
7

entered into under this paragraph (18) that is related to
8

the procurement of goods and services identified in
9

paragraph (1) through (9) of this subsection shall be
10

published in the Procurement Bulletin within 14 calendar
11

days after contract execution. The Chief Procurement
12

Officer shall prescribe the form and content of the
13

notice. Each agency shall provide the Chief Procurement
14

Officer, on a monthly basis, in the form and content
15

prescribed by the Chief Procurement Officer, a report of
16

contracts that are related to the procurement of goods and
17

services identified in this subsection. At a minimum, this
18

report shall include the name of the contractor, a
19

description of the supply or service provided, the total
20

amount of the contract, the term of the contract, and the
21

exception to this Code utilized. A copy of any or all of
22

these contracts shall be made available to the Chief
23

Procurement Officer immediately upon request. The Chief
24

Procurement Officer shall submit a report to the Governor
25

and General Assembly no later than November 1 of each year
26

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

HB5291
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1

monthly information reported to the Chief Procurement
2

Officer. This exemption becomes inoperative 5 years after
3

June 25, 2019 (the effective date of Public Act 101-27).
4

(19) Acquisition of modifications or adjustments,
5

limited to assistive technology devices and assistive
6

technology services, adaptive equipment, repairs, and
7

replacement parts to provide reasonable accommodations (i)
8

that enable a qualified applicant with a disability to
9

complete the job application process and be considered for
10

the position such qualified applicant desires, (ii) that
11

modify or adjust the work environment to enable a
12

qualified current employee with a disability to perform
13

the essential functions of the position held by that
14

employee, (iii) to enable a qualified current employee
15

with a disability to enjoy equal benefits and privileges
16

of employment as are enjoyed by other similarly situated
17

employees without disabilities, and (iv) that allow a
18

customer, client, claimant, or member of the public
19

seeking State services full use and enjoyment of and
20

access to its programs, services, or benefits.
21

For purposes of this paragraph (19):
22

"Assistive technology devices" means any item, piece
23

of equipment, or product system, whether acquired
24

commercially off the shelf, modified, or customized, that
25

is used to increase, maintain, or improve functional
26

capabilities of individuals with disabilities.

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1

"Assistive technology services" means any service that
2

directly assists an individual with a disability in
3

selection, acquisition, or use of an assistive technology
4

device.
5

"Qualified" has the same meaning and use as provided
6

under the federal Americans with Disabilities Act when
7

describing an individual with a disability.
8

(20) Procurement expenditures necessary for the
9

Illinois Commerce Commission to hire third-party
10

facilitators pursuant to Sections 16-105.17 and 16-108.18
11

of the Public Utilities Act or an ombudsman pursuant to
12

Section 16-107.5 of the Public Utilities Act, a
13

facilitator pursuant to Section 16-105.17 of the Public
14

Utilities Act, a grid auditor pursuant to Section
15

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

expert, or consultant pursuant to Sections 16-126.2 and
17

16-202 of the Public Utilities Act, a procurement monitor
18

pursuant to Section 16-111.5 of the Public Utilities Act,
19

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

Utilities Act, or consultants and experts pursuant to
21

Section 5-15 of the Utility Data Access Act.
22

(21) Procurement expenditures for the purchase,
23

renewal, and expansion of software, software licenses, or
24

software maintenance agreements that support the efforts
25

of the Illinois State Police to enforce, regulate, and
26

administer the Firearm Owners Identification Card Act, the

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1

Firearm Concealed Carry Act, the Firearms Restraining
2

Order Act, the Firearm Dealer License Certification Act,
3

the Law Enforcement Agencies Data System (LEADS), the
4

Uniform Crime Reporting Act, the Criminal Identification
5

Act, the Illinois Uniform Conviction Information Act, and
6

the Gun Trafficking Information Act, or establish or
7

maintain record management systems necessary to conduct
8

human trafficking investigations or gun trafficking or
9

other stolen firearm investigations. This paragraph (21)
10

applies to contracts entered into on or after January 10,
11

2023 (the effective date of Public Act 102-1116) and the
12

renewal of contracts that are in effect on January 10,
13

2023 (the effective date of Public Act 102-1116).
14

(22) Contracts for project management services and
15

system integration services required for the completion of
16

the State's enterprise resource planning project. This
17

exemption becomes inoperative 5 years after June 7, 2023
18

(the effective date of the changes made to this Section by
19

Public Act 103-8). This paragraph (22) applies to
20

contracts entered into on or after June 7, 2023 (the
21

effective date of the changes made to this Section by
22

Public Act 103-8) and the renewal of contracts that are in
23

effect on June 7, 2023 (the effective date of the changes
24

made to this Section by Public Act 103-8).
25

(23) Procurements necessary for the Department of
26

Insurance to implement the Illinois Health Benefits

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1

Exchange Law if the Department of Insurance has made a
2

good faith determination that it is necessary and
3

appropriate for the expenditure to fall within this
4

exemption. The procurement process shall be conducted in a
5

manner substantially in accordance with the requirements
6

of Sections 20-160 and 25-60 and Article 50 of this Code. A
7

copy of these contracts shall be made available to the
8

Chief Procurement Officer immediately upon request. This
9

paragraph is inoperative 5 years after June 27, 2023 (the
10

effective date of Public Act 103-103).
11

(24) Contracts for public education programming,
12

noncommercial sustaining announcements, public service
13

announcements, and public awareness and education
14

messaging with the nonprofit trade associations of the
15

providers of those services that inform the public on
16

immediate and ongoing health and safety risks and hazards.
17

(25) Procurements necessary for the Department of
18

Early Childhood to implement the Department of Early
19

Childhood Act if the Department has made a good faith
20

determination that it is necessary and appropriate for the
21

expenditure to fall within this exemption. This exemption
22

shall only be used for products and services procured
23

solely for use by the Department of Early Childhood. The
24

procurements may include those necessary to design and
25

build integrated, operational systems of programs and
26

services. The procurements may include, but are not

HB5291
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1

limited to, those necessary to align and update program
2

standards, integrate funding systems, design and establish
3

data and reporting systems, align and update models for
4

technical assistance and professional development, design
5

systems to manage grants and ensure compliance, design and
6

implement management and operational structures, and
7

establish new means of engaging with families, educators,
8

providers, and stakeholders. The procurement processes
9

shall be conducted in a manner substantially in accordance
10

with the requirements of Article 50 (ethics) and Sections
11

5-5 (Procurement Policy Board), 5-7 (Commission on Equity
12

and Inclusion), 20-80 (contract files), 20-120
13

(subcontractors), 20-155 (paperwork), 20-160
14

(ethics/campaign contribution prohibitions), 25-60
15

(prevailing wage), and 25-90 (prohibited and authorized
16

cybersecurity) of this Code. Beginning January 1, 2025,
17

the Department of Early Childhood shall provide a
18

quarterly report to the General Assembly detailing a list
19

of expenditures and contracts for which the Department
20

uses this exemption. This paragraph is inoperative on and
21

after July 1, 2027.
22

(26) Procurements that are necessary for increasing
23

the recruitment and retention of State employees,
24

particularly minority candidates for employment,
25

including:
26

(A) procurements related to registration fees for

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LRB104 18422 HLH 31864 b
1

job fairs and other outreach and recruitment events;
2

(B) production of recruitment materials; and
3

(C) other services related to recruitment and
4

retention of State employees.
5

The exemption under this paragraph (26) applies only
6

if the State agency has made a good faith determination
7

that it is necessary and appropriate for the expenditure
8

to fall within this paragraph (26). The procurement
9

process under this paragraph (26) shall be conducted in a
10

manner substantially in accordance with the requirements
11

of Sections 20-160 and 25-60 and Article 50 of this Code. A
12

copy of these contracts shall be made available to the
13

Chief Procurement Officer immediately upon request.
14

Nothing in this paragraph (26) authorizes the replacement
15

or diminishment of State responsibilities in hiring or the
16

positions that effectuate that hiring. This paragraph (26)
17

is inoperative on and after June 30, 2029.
18

(27) Procurements necessary for the Department of
19

Healthcare and Family Services to implement changes to the
20

State's Integrated Eligibility System to ensure the
21

system's compliance with federal implementation mandates
22

and deadlines, if the Department of Healthcare and Family
23

Services has made a good faith determination that it is
24

necessary and appropriate for the procurement to fall
25

within this exemption.
26

(28) Procurement expenditures necessary for the

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LRB104 18422 HLH 31864 b
1

Illinois Emergency Management Agency and Office of
2

Homeland Security to respond to a radiological incident,
3

monitor a nuclear power plant, or use at a nuclear
4

facility; to qualify for the exemption under this
5

paragraph, the Illinois Emergency Management Agency and
6

Office of Homeland Security must make a good faith
7

determination that it is necessary and appropriate for the
8

expenditure to fall within this exemption. A copy of the
9

contract for an expenditure under this item (28) shall be
10

made available to the Chief Procurement Office immediately
11

upon request.

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

HB5291
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LRB104 18422 HLH 31864 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

HB5291
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LRB104 18422 HLH 31864 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.

HB5291
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LRB104 18422 HLH 31864 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; 104-458, eff. 6-1-26;
5
revised 1-12-26.)

6

Section 95.
No acceleration or delay.
Where this Act makes
7
changes in a statute that is represented in this Act by text
8
that is not yet or no longer in effect (for example, a Section
9
represented by multiple versions), the use of that text does
10
not accelerate or delay the taking effect of (i) the changes
11
made by this Act or (ii) provisions derived from any other
12
Public Act.

13

Section 99.
Effective date.
This Act takes effect upon
14
becoming law.

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