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1		AN ACT concerning conservation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the Youth
5		and Young Adult Conservation Education Act.
6		Section 5. Declaration of intent. The General Assembly
7		finds that youth, representing all segments of society,
8		benefit from education and employment in the healthful outdoor
9		atmosphere of the State's park systems, recreational
10		facilities, and other public land and water areas and, through
11		those education and employment opportunities, will develop,
12		enhance, and maintain the natural resources of the State of
13		Illinois while gaining an understanding and appreciation of
14		the State's environment and heritage. The General Assembly,
15		therefore, creates this Act to establish the Youth and Young
16		Adult Conservation and Education Program to provide education
17		and employment opportunities for the youth and young adults of
18		this State to further the development and maintenance of the
19		natural resources by Illinois' youth and, in so doing, to
20		prepare them for the responsibility of maintaining and
21		managing these resources.
22		Section 10. Definitions.

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1		As used in this Act:
2		"Department" means the Department of Natural Resources.
3		"Director" means the Director of Natural Resources.
4		Section 15. Cooperation. The Department of Natural
5		Resources shall have the full cooperation of the Illinois
6		State Board of Education, the Department of Commerce and
7		Economic Opportunity, the Illinois State Job Coordinating
8		Council created by the Federal Job Training Partnership Act
9		(Public Law 97-300), and the Department of Employment Security
10		in carrying out the purposes of this Act.
11		Section 20. Funding. Funding for this Act shall be from
12		any State or federal funds or grants or other funding so
13		received by the Department and any matching funds required by
14		the Department from local sponsors that choose to participate
15		in the Illinois Youth and Young Adult Conservation and
16		Education Program.
17		Section 25. Youth and Young Adult Conservation and
18		Education Program.
19		(a) The Youth and Young Adult Conservation and Education
20		Program shall be limited to residents of this State who at the
21		time of enrollment are 15 through 25 years of age.
22		(b) The Director shall designate suitable projects and
23		curriculum in which participants in the program shall

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1		participate.
2		Projects and curriculum so designated by the Director
3		shall be for the purpose of any one or more of the following:
4		(1) development, enhancement, and maintenance of the
5		natural resources of the State of Illinois;
6		(2) environmental stewardship and civic
7		responsibility; or
8		(3) enhancement of public lands owned or leased by the
9		Department or developing and enhancing projects or
10		initiatives undertaken in whole or part by the Department.
11		Such projects and curriculum shall include improving the
12		habitat of fauna and flora; improving use of conservation or
13		recreation facilities and lands by the public; improving water
14		quality; and any other project deemed by the Department to
15		improve the environmental, economic, and recreational quality
16		of the State's natural resources.
17		All projects designated for activity by the Director shall
18		be within a reasonable commuting time for each enrollee. To
19		the extent possible, the Director shall designate areas where
20		a pool of enrollees may work. In no circumstance shall
21		enrollees be required to spend more than 1 1/2 hours of
22		commuting time to a project or a designated area; provided, an
23		enrollee may agree to spend more than 1 1/2 hours of commuting
24		time to a project or a designated area.
25		(c) When applicable, participants shall receive at least
26		the standard minimum wage as set by the State of Illinois and

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1		shall work normal working hours as determined by the
2		Department. The enrollees shall not be classified as employees
3		of the State for purposes of contributions to the State
4		Employees' Retirement System of Illinois or any other public
5		employment retirement system of the State.
6		(d) The Department may enter into contracts,
7		intergovernmental agreements, grants, cooperative agreements,
8		memoranda of understanding, or other instruments as necessary
9		to implement the Youth and Young Adult Conservation Program.
10		The Illinois Procurement Code shall not apply to contracts
11		entered into for the purpose of fulfilling the purposes of
12		this Program with not-for-profit organizations that have a
13		documented commitment to addressing the barriers to employment
14		and education for minority youth and young adults, as
15		determined by the Department.
16		(e) The Department shall adopt administrative rules
17		pertaining to implementation and administration of the Youth
18		and Young Adult Conservation and Education Program.
19		Section 90. The Illinois Procurement Code is amended by
20		changing Section 1-10 as follows:
21		(30 ILCS 500/1-10)
22		Sec. 1-10. Application.
23		(a) This Code applies only to procurements for which
24		bidders, offerors, potential contractors, or contractors were

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1		first solicited on or after July 1, 1998. This Code shall not
2		be construed to affect or impair any contract, or any
3		provision of a contract, entered into based on a solicitation
4		prior to the implementation date of this Code as described in
5		Article 99, including, but not limited to, any covenant
6		entered into with respect to any revenue bonds or similar
7		instruments. All procurements for which contracts are
8		solicited between the effective date of Articles 50 and 99 and
9		July 1, 1998 shall be substantially in accordance with this
10		Code and its intent.
11		(b) This Code shall apply regardless of the source of the
12		funds with which the contracts are paid, including federal
13		assistance moneys. This Code shall not apply to:
14		(1) Contracts between the State and its political
15		subdivisions or other governments, or between State
16		governmental bodies, except as specifically provided in
17		this Code.
18		(2) Grants, except for the filing requirements of
19		Section 20-80.
20		(3) Purchase of care, except as provided in Section
21		5-30.6 of the Illinois Public Aid Code and this Section.
22		(4) Hiring of an individual as an employee and not as
23		an independent contractor, whether pursuant to an
24		employment code or policy or by contract directly with
25		that individual.
26		(5) Collective bargaining contracts.

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1		(6) Purchase of real estate, except that notice of
2		this type of contract with a value of more than $25,000
3		must be published in the Procurement Bulletin within 10
4		calendar days after the deed is recorded in the county of
5		jurisdiction. The notice shall identify the real estate
6		purchased, the names of all parties to the contract, the
7		value of the contract, and the effective date of the
8		contract.
9		(7) Contracts necessary to prepare for anticipated
10		litigation, enforcement actions, or investigations,
11		provided that the chief legal counsel to the Governor
12		shall give his or her prior approval when the procuring
13		agency is one subject to the jurisdiction of the Governor,
14		and provided that the chief legal counsel of any other
15		procuring entity subject to this Code shall give his or
16		her prior approval when the procuring entity is not one
17		subject to the jurisdiction of the Governor.
18		(8) (Blank).
19		(9) Procurement expenditures by the Illinois
20		Conservation Foundation when only private funds are used.
21		(10) (Blank).
22		(11) Public-private agreements entered into according
23		to the procurement requirements of Section 20 of the
24		Public-Private Partnerships for Transportation Act and
25		design-build agreements entered into according to the
26		procurement requirements of Section 25 of the

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1		Public-Private Partnerships for Transportation Act.
2		(12) (A) Contracts for legal, financial, and other
3		professional and artistic services entered into by the
4		Illinois Finance Authority in which the State of Illinois
5		is not obligated. Such contracts shall be awarded through
6		a competitive process authorized by the members of the
7		Illinois Finance Authority and are subject to Sections
8		5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
9		as well as the final approval by the members of the
10		Illinois Finance Authority of the terms of the contract.
11		(B) Contracts for legal and financial services entered
12		into by the Illinois Housing Development Authority in
13		connection with the issuance of bonds in which the State
14		of Illinois is not obligated. Such contracts shall be
15		awarded through a competitive process authorized by the
16		members of the Illinois Housing Development Authority and
17		are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
18		and 50-37 of this Code, as well as the final approval by
19		the members of the Illinois Housing Development Authority
20		of the terms of the contract.
21		(13) Contracts for services, commodities, and
22		equipment to support the delivery of timely forensic
23		science services in consultation with and subject to the
24		approval of the Chief Procurement Officer as provided in
25		subsection (d) of Section 5-4-3a of the Unified Code of
26		Corrections, except for the requirements of Sections

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1		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
2		Code; however, the Chief Procurement Officer may, in
3		writing with justification, waive any certification
4		required under Article 50 of this Code. For any contracts
5		for services which are currently provided by members of a
6		collective bargaining agreement, the applicable terms of
7		the collective bargaining agreement concerning
8		subcontracting shall be followed.
9		On and after January 1, 2019, this paragraph (13),
10		except for this sentence, is inoperative.
11		(14) Contracts for participation expenditures required
12		by a domestic or international trade show or exhibition of
13		an exhibitor, member, or sponsor.
14		(15) Contracts with a railroad or utility that
15		requires the State to reimburse the railroad or utilities
16		for the relocation of utilities for construction or other
17		public purpose. Contracts included within this paragraph
18		(15) shall include, but not be limited to, those
19		associated with: relocations, crossings, installations,
20		and maintenance. For the purposes of this paragraph (15),
21		"railroad" means any form of non-highway ground
22		transportation that runs on rails or electromagnetic
23		guideways and "utility" means: (1) public utilities as
24		defined in Section 3-105 of the Public Utilities Act, (2)
25		telecommunications carriers as defined in Section 13-202
26		of the Public Utilities Act, (3) electric cooperatives as

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1		defined in Section 3.4 of the Electric Supplier Act, (4)
2		telephone or telecommunications cooperatives as defined in
3		Section 13-212 of the Public Utilities Act, (5) rural
4		water or waste water systems with 10,000 connections or
5		less, (6) a holder as defined in Section 21-201 of the
6		Public Utilities Act, and (7) municipalities owning or
7		operating utility systems consisting of public utilities
8		as that term is defined in Section 11-117-2 of the
9		Illinois Municipal Code.
10		(16) Procurement expenditures necessary for the
11		Department of Public Health to provide the delivery of
12		timely newborn screening services in accordance with the
13		Newborn Metabolic Screening Act.
14		(17) Procurement expenditures necessary for the
15		Department of Agriculture, the Department of Financial and
16		Professional Regulation, the Department of Human Services,
17		and the Department of Public Health to implement the
18		Compassionate Use of Medical Cannabis Program and Opioid
19		Alternative Pilot Program requirements and ensure access
20		to medical cannabis for patients with debilitating medical
21		conditions in accordance with the Compassionate Use of
22		Medical Cannabis Program Act.
23		(18) This Code does not apply to any procurements
24		necessary for the Department of Agriculture, the
25		Department of Financial and Professional Regulation, the
26		Department of Human Services, the Department of Commerce

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1		and Economic Opportunity, and the Department of Public
2		Health to implement the Cannabis Regulation and Tax Act if
3		the applicable agency has made a good faith determination
4		that it is necessary and appropriate for the expenditure
5		to fall within this exemption and if the process is
6		conducted in a manner substantially in accordance with the
7		requirements of Sections 20-160, 25-60, 30-22, 50-5,
8		50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
9		50-36, 50-37, 50-38, and 50-50 of this Code; however, for
10		Section 50-35, compliance applies only to contracts or
11		subcontracts over $100,000. Notice of each contract
12		entered into under this paragraph (18) that is related to
13		the procurement of goods and services identified in
14		paragraph (1) through (9) of this subsection shall be
15		published in the Procurement Bulletin within 14 calendar
16		days after contract execution. The Chief Procurement
17		Officer shall prescribe the form and content of the
18		notice. Each agency shall provide the Chief Procurement
19		Officer, on a monthly basis, in the form and content
20		prescribed by the Chief Procurement Officer, a report of
21		contracts that are related to the procurement of goods and
22		services identified in this subsection. At a minimum, this
23		report shall include the name of the contractor, a
24		description of the supply or service provided, the total
25		amount of the contract, the term of the contract, and the
26		exception to this Code utilized. A copy of any or all of

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1		these contracts shall be made available to the Chief
2		Procurement Officer immediately upon request. The Chief
3		Procurement Officer shall submit a report to the Governor
4		and General Assembly no later than November 1 of each year
5		that includes, at a minimum, an annual summary of the
6		monthly information reported to the Chief Procurement
7		Officer. This exemption becomes inoperative 5 years after
8		June 25, 2019 (the effective date of Public Act 101-27).
9		(19) Acquisition of modifications or adjustments,
10		limited to assistive technology devices and assistive
11		technology services, adaptive equipment, repairs, and
12		replacement parts to provide reasonable accommodations (i)
13		that enable a qualified applicant with a disability to
14		complete the job application process and be considered for
15		the position such qualified applicant desires, (ii) that
16		modify or adjust the work environment to enable a
17		qualified current employee with a disability to perform
18		the essential functions of the position held by that
19		employee, (iii) to enable a qualified current employee
20		with a disability to enjoy equal benefits and privileges
21		of employment as are enjoyed by other similarly situated
22		employees without disabilities, and (iv) that allow a
23		customer, client, claimant, or member of the public
24		seeking State services full use and enjoyment of and
25		access to its programs, services, or benefits.
26		For purposes of this paragraph (19):

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1		"Assistive technology devices" means any item, piece
2		of equipment, or product system, whether acquired
3		commercially off the shelf, modified, or customized, that
4		is used to increase, maintain, or improve functional
5		capabilities of individuals with disabilities.
6		"Assistive technology services" means any service that
7		directly assists an individual with a disability in
8		selection, acquisition, or use of an assistive technology
9		device.
10		"Qualified" has the same meaning and use as provided
11		under the federal Americans with Disabilities Act when
12		describing an individual with a disability.
13		(20) Procurement expenditures necessary for the
14		Illinois Commerce Commission to hire third-party
15		facilitators pursuant to Sections 16-105.17 and 16-108.18
16		of the Public Utilities Act or an ombudsman pursuant to
17		Section 16-107.5 of the Public Utilities Act, a
18		facilitator pursuant to Section 16-105.17 of the Public
19		Utilities Act, or a grid auditor pursuant to Section
20		16-105.10 of the Public Utilities Act.
21		(21) Procurement expenditures for the purchase,
22		renewal, and expansion of software, software licenses, or
23		software maintenance agreements that support the efforts
24		of the Illinois State Police to enforce, regulate, and
25		administer the Firearm Owners Identification Card Act, the
26		Firearm Concealed Carry Act, the Firearms Restraining

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1		Order Act, the Firearm Dealer License Certification Act,
2		the Law Enforcement Agencies Data System (LEADS), the
3		Uniform Crime Reporting Act, the Criminal Identification
4		Act, the Illinois Uniform Conviction Information Act, and
5		the Gun Trafficking Information Act, or establish or
6		maintain record management systems necessary to conduct
7		human trafficking investigations or gun trafficking or
8		other stolen firearm investigations. This paragraph (21)
9		applies to contracts entered into on or after January 10,
10		2023 (the effective date of Public Act 102-1116) and the
11		renewal of contracts that are in effect on January 10,
12		2023 (the effective date of Public Act 102-1116).
13		(22) Contracts for project management services and
14		system integration services required for the completion of
15		the State's enterprise resource planning project. This
16		exemption becomes inoperative 5 years after June 7, 2023
17		(the effective date of the changes made to this Section by
18		Public Act 103-8). This paragraph (22) applies to
19		contracts entered into on or after June 7, 2023 (the
20		effective date of the changes made to this Section by
21		Public Act 103-8) and the renewal of contracts that are in
22		effect on June 7, 2023 (the effective date of the changes
23		made to this Section by Public Act 103-8).
24		(23) Procurements necessary for the Department of
25		Insurance to implement the Illinois Health Benefits
26		Exchange Law if the Department of Insurance has made a

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1		good faith determination that it is necessary and
2		appropriate for the expenditure to fall within this
3		exemption. The procurement process shall be conducted in a
4		manner substantially in accordance with the requirements
5		of Sections 20-160 and 25-60 and Article 50 of this Code. A
6		copy of these contracts shall be made available to the
7		Chief Procurement Officer immediately upon request. This
8		paragraph is inoperative 5 years after June 27, 2023 (the
9		effective date of Public Act 103-103).
10		(24) (22) Contracts for public education programming,
11		noncommercial sustaining announcements, public service
12		announcements, and public awareness and education
13		messaging with the nonprofit trade associations of the
14		providers of those services that inform the public on
15		immediate and ongoing health and safety risks and hazards.
16		(25) Contracts that are entered into by the Department
17		of Natural Resources and that are exempt from this Code
18		under subsection (d) of Section 25 of the Youth and Young
19		Adult Conservation Education Act.
20		Notwithstanding any other provision of law, for contracts
21		with an annual value of more than $100,000 entered into on or
22		after October 1, 2017 under an exemption provided in any
23		paragraph of this subsection (b), except paragraph (1), (2),
24		or (5), each State agency shall post to the appropriate
25		procurement bulletin the name of the contractor, a description
26		of the supply or service provided, the total amount of the

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1		contract, the term of the contract, and the exception to the
2		Code utilized. The chief procurement officer shall submit a
3		report to the Governor and General Assembly no later than
4		November 1 of each year that shall include, at a minimum, an
5		annual summary of the monthly information reported to the
6		chief procurement officer.
7		(c) This Code does not apply to the electric power
8		procurement process provided for under Section 1-75 of the
9		Illinois Power Agency Act and Section 16-111.5 of the Public
10		Utilities Act. This Code does not apply to the procurement of
11		technical and policy experts pursuant to Section 1-129 of the
12		Illinois Power Agency Act.
13		(d) Except for Section 20-160 and Article 50 of this Code,
14		and as expressly required by Section 9.1 of the Illinois
15		Lottery Law, the provisions of this Code do not apply to the
16		procurement process provided for under Section 9.1 of the
17		Illinois Lottery Law.
18		(e) This Code does not apply to the process used by the
19		Capital Development Board to retain a person or entity to
20		assist the Capital Development Board with its duties related
21		to the determination of costs of a clean coal SNG brownfield
22		facility, as defined by Section 1-10 of the Illinois Power
23		Agency Act, as required in subsection (h-3) of Section 9-220
24		of the Public Utilities Act, including calculating the range
25		of capital costs, the range of operating and maintenance
26		costs, or the sequestration costs or monitoring the

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1		construction of clean coal SNG brownfield facility for the
2		full duration of construction.
3		(f) (Blank).
4		(g) (Blank).
5		(h) This Code does not apply to the process to procure or
6		contracts entered into in accordance with Sections 11-5.2 and
7		11-5.3 of the Illinois Public Aid Code.
8		(i) Each chief procurement officer may access records
9		necessary to review whether a contract, purchase, or other
10		expenditure is or is not subject to the provisions of this
11		Code, unless such records would be subject to attorney-client
12		privilege.
13		(j) This Code does not apply to the process used by the
14		Capital Development Board to retain an artist or work or works
15		of art as required in Section 14 of the Capital Development
16		Board Act.
17		(k) This Code does not apply to the process to procure
18		contracts, or contracts entered into, by the State Board of
19		Elections or the State Electoral Board for hearing officers
20		appointed pursuant to the Election Code.
21		(l) This Code does not apply to the processes used by the
22		Illinois Student Assistance Commission to procure supplies and
23		services paid for from the private funds of the Illinois
24		Prepaid Tuition Fund. As used in this subsection (l), "private
25		funds" means funds derived from deposits paid into the
26		Illinois Prepaid Tuition Trust Fund and the earnings thereon.

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