Bill Text: IL HB2878 | 2023-2024 | 103rd General Assembly | Veto Message
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-Veto_Message.html
August 11, 2023
To the Honorable Members of
The Illinois House,
103rd General Assembly:
Today, after considering the public policy implications brought forward by advocates and metropolitan planning organizations, I am issuing an amendatory veto of House Bill 2878 from the 103rd General Assembly. The bill is the product of months of hard work by staff, contains positive developments to address procurement issues, and includes many items important to stakeholders, including my Administration. Unfortunately, the bill also extends the authority for public private partnerships (P3s) in Illinois from the Department of Transportation and Tollway to also include counties, municipalities, and any other unit of local government, while not providing proper oversight.
As written, the bill creates a pathway for private industry to enter P3 agreements locally that skirts transparency and anti-corruption requirements established in state statute, including ethics, BEP, campaign finance, and procurement laws. The potential in this bill for opacity and corruption is too great.
In addition, the bill as written puts the state at greater risk of project failure because it decreases competition and reduces the opportunity for public input into project planning and implementation currently required for other P3 developments under state law.
I appreciate the hard work of the House and Senate sponsors and hope that the General Assembly will accept my amendatory veto so the rest of the bill can become law.
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 2878, entitled “PROCUREMENT MINED-LAND,” with the following specific recommendations for change:
On page 117, delete “, and” in line 8 and delete everything before the period in line 9.
With this change, House Bill 2878 will have my approval. I respectfully request your acceptance.
Sincerely,
JB Pritzker
Governor, State of Illinois
