Bill Text: IL HB2878 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Procurement Code. Creates a bid preference for firms that employ former coal mine employees. Makes changes in provisions concerning single prime procurement methods; the Illinois business bid preference; the veteran bid preferences; small business set-aside reporting; the award of contracts to not-for-profit agencies for persons with significant disabilities; the duration of contracts; public education programming; the application of the Code to public institutions of higher education; and not-for-profit agencies for persons with significant disabilities. Adds provisions concerning software licensing contracts. Amends the Governmental Joint Purchasing Act. Authorizes chief procurement officers to approve the award of a contract on a non-competitive basis to a not-for-profit agency for persons with significant disabilities. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Makes changes in provisions concerning facility leases. Creates the Reimagining Hotel Florence Act. Provides that, notwithstanding any provision of law to the contrary, the Department of Natural Resources on behalf of the State may, pursuant to a competitive request for proposals process governed by the Illinois Procurement Code and rules adopted under that Code and the Act, enter into a public-private agreement to develop, finance, construct, lease, manage, or operate the Hotel Florence on behalf of the State. Provides for home rule preemption. Amends the Business Corporation Act of 1983. Adds provisions concerning contractor diversity reporting. Amends the State Fair Act. Exempts from the requirements of the Illinois Procurement Code procurement expenditures necessary to provide artistic or musical services, performances, events, or productions under the Act at the State Fairgrounds in Springfield. Amends the Transportation Sustainability Act. Specifies that the State's solicitations for the procurement of freight, small package delivery, and other cargo shipping and transportation services shall be subject to the Illinois Procurement Code or the Governmental Joint Purchasing Act (rather than only the Illinois Procurement Code). Amends the Public-Private Partnerships for Transportation Act. Replaces references to "transportation agency" with "responsible public entity". Defines "responsible public entity". Makes changes concerning public construction bonding requirements. Makes other changes. Effective January 1, 2024.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Passed) 2023-12-08 - Public Act . . . . . . . . . 103-0570 [HB2878 Detail]

Download: Illinois-2023-HB2878-Engrossed.html



HB2878 EngrossedLRB103 30786 RJT 57276 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
5adding Section 45-110 as follows:
6 (30 ILCS 500/45-110 new)
7 Sec. 45-110. Former coal mining employees.
8 (a) In this Section:
9 "Abandoned Mined Land Reclamation Project" means
10construction or construction-related professional services
11that are utilized for reclamation projects awarded by the
12Department of Natural Resources pursuant to the Abandoned
13Mined Lands and Water Reclamation Act.
14 "Former coal mine employee" means a individual who was
15previously employed in any capacity by a coal mining company
16in which the company engaged in the extraction of coal
17deposits or was previously employed in any capacity by a
18coal-fired power plant.
19 (b) In awarding contracts for Abandoned Mined Land
20Reclamation Projects with a total value of more than $100,000,
21preference shall be given to an otherwise qualified bidder
22who:
23 (1) provides proof that at least 2 current employees

HB2878 Engrossed- 2 -LRB103 30786 RJT 57276 b
1 of the bidder are former coal mine employees and that all
2 such declared former coal mine employees in the bid shall
3 be utilized in the fulfillment of an awarded Abandoned
4 Mined Land Reclamation Project; or
5 (2) commits to employing at least 2 former coal mine
6 employees hired out of a union hall in the fulfillment of
7 the Abandoned Mined Land Reclamation Project. Under this
8 paragraph (2), the bidder shall provide proof that at
9 least 2 former coal mine employees have been hired out of a
10 union hall within 60 days after the start of construction,
11 and the bidder shall declare that the former coal mine
12 employees, after being hired, shall be utilized in the
13 fulfillment of an awarded Abandoned Mined Land Reclamation
14 Project.
15When the Department of Natural Resources is to award a
16contract to the lowest responsible bidder, an otherwise
17qualified bidder who will fulfill the contract through the use
18of former coal mine employees may be given preference over
19other bidders unable to do so, if the bid is not more than 2%
20greater than the low bid.
21 (c) This Section does not apply to any contract for any
22project for which federal funds are available for expenditure
23when its provisions may be in conflict with federal law or
24federal regulation.
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