SB 3662

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Full Text of SB3662
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	SB3662 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3662
Introduced 2/5/2026, by Sen. Christopher Belt
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 18423 HLH 31865 b
A BILL FOR
		SB3662		LRB104 18423 HLH 31865 b
1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5changing 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
10bidders, offerors, potential contractors, or contractors were
11first solicited on or after July 1, 1998. This Code shall not
12be construed to affect or impair any contract, or any
13provision of a contract, entered into based on a solicitation
14prior to the implementation date of this Code as described in
15Article 99, including, but not limited to, any covenant
16entered into with respect to any revenue bonds or similar
17instruments. All procurements for which contracts are
18solicited between the effective date of Articles 50 and 99 and
19July 1, 1998 shall be substantially in accordance with this
20Code and its intent.
21    (b) This Code shall apply regardless of the source of the
22funds with which the contracts are paid, including federal
23assistance moneys. This Code shall not apply to:
		SB3662	- 2 -	LRB104 18423 HLH 31865 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,
		SB3662	- 3 -	LRB104 18423 HLH 31865 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
		SB3662	- 4 -	LRB104 18423 HLH 31865 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.
		SB3662	- 5 -	LRB104 18423 HLH 31865 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.
		SB3662	- 6 -	LRB104 18423 HLH 31865 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
		SB3662	- 7 -	LRB104 18423 HLH 31865 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
		SB3662	- 8 -	LRB104 18423 HLH 31865 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
		SB3662	- 9 -	LRB104 18423 HLH 31865 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
		SB3662	- 10 -	LRB104 18423 HLH 31865 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
		SB3662	- 11 -	LRB104 18423 HLH 31865 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
		SB3662	- 12 -	LRB104 18423 HLH 31865 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
		SB3662	- 13 -	LRB104 18423 HLH 31865 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
25with an annual value of more than $100,000 entered into on or
26after October 1, 2017 under an exemption provided in any
		SB3662	- 14 -	LRB104 18423 HLH 31865 b
1paragraph of this subsection (b), except paragraph (1), (2),
2or (5), each State agency shall post to the appropriate
3procurement bulletin the name of the contractor, a description
4of the supply or service provided, the total amount of the
5contract, the term of the contract, and the exception to the
6Code utilized. The chief procurement officer shall submit a
7report to the Governor and General Assembly no later than
8November 1 of each year that shall include, at a minimum, an
9annual summary of the monthly information reported to the
10chief procurement officer.
11    (c) This Code does not apply to the electric power
12procurement process provided for under Section 1-75 of the
13Illinois Power Agency Act and Section 16-111.5 of the Public
14Utilities Act. This Code does not apply to the procurement of
15technical and policy experts pursuant to Section 1-129 of the
16Illinois Power Agency Act.
17    (d) Except for Section 20-160 and Article 50 of this Code,
18and as expressly required by Section 9.1 of the Illinois
19Lottery Law, the provisions of this Code do not apply to the
20procurement process provided for under Section 9.1 of the
21Illinois Lottery Law.
22    (e) This Code does not apply to the process used by the
23Capital Development Board to retain a person or entity to
24assist the Capital Development Board with its duties related
25to the determination of costs of a clean coal SNG brownfield
26facility, as defined by Section 1-10 of the Illinois Power
		SB3662	- 15 -	LRB104 18423 HLH 31865 b
1Agency Act, as required in subsection (h-3) of Section 9-220
2of the Public Utilities Act, including calculating the range
3of capital costs, the range of operating and maintenance
4costs, or the sequestration costs or monitoring the
5construction of clean coal SNG brownfield facility for the
6full duration of construction.
7    (f) (Blank).
8    (g) (Blank).
9    (h) This Code does not apply to the process to procure or
10contracts entered into in accordance with Sections 11-5.2 and
1111-5.3 of the Illinois Public Aid Code.
12    (i) Each chief procurement officer may access records
13necessary to review whether a contract, purchase, or other
14expenditure is or is not subject to the provisions of this
15Code, unless such records would be subject to attorney-client
16privilege.
17    (j) This Code does not apply to the process used by the
18Capital Development Board to retain an artist or work or works
19of art as required in Section 14 of the Capital Development
20Board Act.
21    (k) This Code does not apply to the process to procure
22contracts, or contracts entered into, by the State Board of
23Elections or the State Electoral Board for hearing officers
24appointed pursuant to the Election Code.
25    (l) This Code does not apply to the processes used by the
26Illinois Student Assistance Commission to procure supplies and
		SB3662	- 16 -	LRB104 18423 HLH 31865 b
1services paid for from the private funds of the Illinois
2Prepaid Tuition Fund. As used in this subsection (l), "private
3funds" means funds derived from deposits paid into the
4Illinois Prepaid Tuition Trust Fund and the earnings thereon.
5    (m) This Code shall apply regardless of the source of
6funds with which contracts are paid, including federal
7assistance moneys. Except as specifically provided in this
8Code, this Code shall not apply to procurement expenditures
9necessary for the Department of Public Health to conduct the
10Healthy Illinois Survey in accordance with Section 2310-431 of
11the Department of Public Health Powers and Duties Law of the
12Civil Administrative Code of Illinois.
13(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
14103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
156-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
16eff. 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
20bidders, offerors, potential contractors, or contractors were
21first solicited on or after July 1, 1998. This Code shall not
22be construed to affect or impair any contract, or any
23provision of a contract, entered into based on a solicitation
24prior to the implementation date of this Code as described in
25Article 99, including, but not limited to, any covenant
		SB3662	- 17 -	LRB104 18423 HLH 31865 b
1entered into with respect to any revenue bonds or similar
2instruments. All procurements for which contracts are
3solicited between the effective date of Articles 50 and 99 and
4July 1, 1998 shall be substantially in accordance with this
5Code and its intent.
6    (b) This Code shall apply regardless of the source of the
7funds with which the contracts are paid, including federal
8assistance 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
		SB3662	- 18 -	LRB104 18423 HLH 31865 b
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
		SB3662	- 19 -	LRB104 18423 HLH 31865 b
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
		SB3662	- 20 -	LRB104 18423 HLH 31865 b
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
		SB3662	- 21 -	LRB104 18423 HLH 31865 b
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
		SB3662	- 22 -	LRB104 18423 HLH 31865 b
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
		SB3662	- 23 -	LRB104 18423 HLH 31865 b
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.
		SB3662	- 24 -	LRB104 18423 HLH 31865 b
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
		SB3662	- 25 -	LRB104 18423 HLH 31865 b
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
		SB3662	- 26 -	LRB104 18423 HLH 31865 b
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
		SB3662	- 27 -	LRB104 18423 HLH 31865 b
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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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 
		SB3662	- 29 -	LRB104 18423 HLH 31865 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
13with an annual value of more than $100,000 entered into on or
14after October 1, 2017 under an exemption provided in any
15paragraph of this subsection (b), except paragraph (1), (2),
16or (5), each State agency shall post to the appropriate
17procurement bulletin the name of the contractor, a description
18of the supply or service provided, the total amount of the
19contract, the term of the contract, and the exception to the
20Code utilized. The chief procurement officer shall submit a
21report to the Governor and General Assembly no later than
22November 1 of each year that shall include, at a minimum, an
23annual summary of the monthly information reported to the
24chief procurement officer.
25    (c) This Code does not apply to the electric power
26procurement process provided for under Section 1-75 of the
		SB3662	- 30 -	LRB104 18423 HLH 31865 b
1Illinois Power Agency Act and Section 16-111.5 of the Public
2Utilities Act. This Code does not apply to the procurement of
3technical and policy experts pursuant to Section 1-129 of the
4Illinois Power Agency Act.
5    (d) Except for Section 20-160 and Article 50 of this Code,
6and as expressly required by Section 9.1 of the Illinois
7Lottery Law, the provisions of this Code do not apply to the
8procurement process provided for under Section 9.1 of the
9Illinois Lottery Law.
10    (e) This Code does not apply to the process used by the
11Capital Development Board to retain a person or entity to
12assist the Capital Development Board with its duties related
13to the determination of costs of a clean coal SNG brownfield
14facility, as defined by Section 1-10 of the Illinois Power
15Agency Act, as required in subsection (h-3) of Section 9-220
16of the Public Utilities Act, including calculating the range
17of capital costs, the range of operating and maintenance
18costs, or the sequestration costs or monitoring the
19construction of clean coal SNG brownfield facility for the
20full duration of construction.
21    (f) (Blank).
22    (g) (Blank).
23    (h) This Code does not apply to the process to procure or
24contracts entered into in accordance with Sections 11-5.2 and
2511-5.3 of the Illinois Public Aid Code.
26    (i) Each chief procurement officer may access records
		SB3662	- 31 -	LRB104 18423 HLH 31865 b
1necessary to review whether a contract, purchase, or other
2expenditure is or is not subject to the provisions of this
3Code, unless such records would be subject to attorney-client
4privilege.
5    (j) This Code does not apply to the process used by the
6Capital Development Board to retain an artist or work or works
7of art as required in Section 14 of the Capital Development
8Board Act.
9    (k) This Code does not apply to the process to procure
10contracts, or contracts entered into, by the State Board of
11Elections or the State Electoral Board for hearing officers
12appointed pursuant to the Election Code.
13    (l) This Code does not apply to the processes used by the
14Illinois Student Assistance Commission to procure supplies and
15services paid for from the private funds of the Illinois
16Prepaid Tuition Fund. As used in this subsection (l), "private
17funds" means funds derived from deposits paid into the
18Illinois Prepaid Tuition Trust Fund and the earnings thereon.
19    (m) This Code shall apply regardless of the source of
20funds with which contracts are paid, including federal
21assistance moneys. Except as specifically provided in this
22Code, this Code shall not apply to procurement expenditures
23necessary for the Department of Public Health to conduct the
24Healthy Illinois Survey in accordance with Section 2310-431 of
25the Department of Public Health Powers and Duties Law of the
26Civil Administrative Code of Illinois.
		SB3662	- 32 -	LRB104 18423 HLH 31865 b
1(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
2103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
36-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
4eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;
5revised 1-12-26.)
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
13    Section 99. Effective date. This Act takes effect upon
14becoming law.