Illinois General Assembly

Previous General Assemblies

Full Text of HB6623  99th General Assembly

HB6623 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6623

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.878 new
30 ILCS 500/1-10
30 ILCS 500/1-15.100
30 ILCS 605/1.02  from Ch. 127, par. 133b3
110 ILCS 305/100 new
110 ILCS 305/105 new
110 ILCS 305/110 new

    Amends the Illinois Procurement Code. Removes procurement expenditures made by the University of Illinois from the application of the Act and the University of Illinois from the definition of "State agency". Amends the State Property Control Act to remove property of the University of Illinois from the definition of "property". Amends the University of Illinois Act. Under a University of Illinois Investment, Performance, and Accountability Commitment, requires the State to annually appropriate a minimum specified amount, provided that the University meets certain requirements at its campuses. Provides for an annual report, and repeals the Commitment on June 30, 2022. Provides for the issuance of certificates of participation for capital improvements, to be reviewed by the Commission on Government Forecasting and Accountability. Requires the maximum annual debt service for the University's total certificate of participation obligation to not exceed $100,000,000. Subject to appropriation, provides for an Illinois Excellence Program to recruit and retain promising faculty throughout the University of Illinois system through capital investment in both new and distressed facilities; amends the State Finance Act to create a special fund. Effective immediately.


LRB099 17783 NHT 51402 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6623LRB099 17783 NHT 51402 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.878 as follows:
 
6    (30 ILCS 105/5.878 new)
7    Sec. 5.878. The Illinois Excellence Fund.
 
8    Section 10. The Illinois Procurement Code is amended by
9changing Sections 1-10 and 1-15.100 as follows:
 
10    (30 ILCS 500/1-10)
11    (Text of Section before amendment by P.A. 99-801)
12    Sec. 1-10. Application.
13    (a) This Code applies only to procurements for which
14bidders, offerors, potential contractors, or contractors were
15first solicited on or after July 1, 1998. This Code shall not
16be construed to affect or impair any contract, or any provision
17of a contract, entered into based on a solicitation prior to
18the implementation date of this Code as described in Article
1999, including but not limited to any covenant entered into with
20respect to any revenue bonds or similar instruments. All
21procurements for which contracts are solicited between the

 

 

HB6623- 2 -LRB099 17783 NHT 51402 b

1effective date of Articles 50 and 99 and July 1, 1998 shall be
2substantially in accordance with this Code and its intent.
3    (b) This Code shall apply regardless of the source of the
4funds with which the contracts are paid, including federal
5assistance moneys. This Code shall not apply to:
6        (1) Contracts between the State and its political
7    subdivisions or other governments, or between State
8    governmental bodies except as specifically provided in
9    this Code.
10        (2) Grants, except for the filing requirements of
11    Section 20-80.
12        (3) Purchase of care.
13        (4) Hiring of an individual as employee and not as an
14    independent contractor, whether pursuant to an employment
15    code or policy or by contract directly with that
16    individual.
17        (5) Collective bargaining contracts.
18        (6) Purchase of real estate, except that notice of this
19    type of contract with a value of more than $25,000 must be
20    published in the Procurement Bulletin within 10 calendar
21    days after the deed is recorded in the county of
22    jurisdiction. The notice shall identify the real estate
23    purchased, the names of all parties to the contract, the
24    value of the contract, and the effective date of the
25    contract.
26        (7) Contracts necessary to prepare for anticipated

 

 

HB6623- 3 -LRB099 17783 NHT 51402 b

1    litigation, enforcement actions, or investigations,
2    provided that the chief legal counsel to the Governor shall
3    give his or her prior approval when the procuring agency is
4    one subject to the jurisdiction of the Governor, and
5    provided that the chief legal counsel of any other
6    procuring entity subject to this Code shall give his or her
7    prior approval when the procuring entity is not one subject
8    to the jurisdiction of the Governor.
9        (8) Contracts for services to Northern Illinois
10    University by a person, acting as an independent
11    contractor, who is qualified by education, experience, and
12    technical ability and is selected by negotiation for the
13    purpose of providing non-credit educational service
14    activities or products by means of specialized programs
15    offered by the university.
16        (9) Procurement expenditures by the Illinois
17    Conservation Foundation when only private funds are used.
18        (10) Procurement expenditures by the Illinois Health
19    Information Exchange Authority involving private funds
20    from the Health Information Exchange Fund. "Private funds"
21    means gifts, donations, and private grants.
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

 

 

HB6623- 4 -LRB099 17783 NHT 51402 b

1    Public-Private Partnerships for Transportation Act.
2        (12) Contracts for legal, financial, and other
3    professional and artistic services entered into on or
4    before December 31, 2018 by the Illinois Finance Authority
5    in which the State of Illinois is not obligated. Such
6    contracts shall be awarded through a competitive process
7    authorized by the Board of the Illinois Finance Authority
8    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
9    50-35, and 50-37 of this Code, as well as the final
10    approval by the Board of the Illinois Finance Authority of
11    the terms of the contract.
12        (14) Procurement expenditures made by the Board of
13    Trustees of the University of Illinois.
14    Notwithstanding any other provision of law, contracts
15entered into under item (12) of this subsection (b) shall be
16published in the Procurement Bulletin within 14 calendar days
17after contract execution. The chief procurement officer shall
18prescribe the form and content of the notice. The Illinois
19Finance Authority shall provide the chief procurement officer,
20on a monthly basis, in the form and content prescribed by the
21chief procurement officer, a report of contracts that are
22related to the procurement of goods and services identified in
23item (12) of this subsection (b). At a minimum, this report
24shall include the name of the contractor, a description of the
25supply or service provided, the total amount of the contract,
26the term of the contract, and the exception to the Code

 

 

HB6623- 5 -LRB099 17783 NHT 51402 b

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

 

 

HB6623- 6 -LRB099 17783 NHT 51402 b

1construction.
2    (f) This Code does not apply to the process used by the
3Illinois Power Agency to retain a mediator to mediate sourcing
4agreement disputes between gas utilities and the clean coal SNG
5brownfield facility, as defined in Section 1-10 of the Illinois
6Power Agency Act, as required under subsection (h-1) of Section
79-220 of the Public Utilities Act.
8    (g) This Code does not apply to the processes used by the
9Illinois Power Agency to retain a mediator to mediate contract
10disputes between gas utilities and the clean coal SNG facility
11and to retain an expert to assist in the review of contracts
12under subsection (h) of Section 9-220 of the Public Utilities
13Act. This Code does not apply to the process used by the
14Illinois Commerce Commission to retain an expert to assist in
15determining the actual incurred costs of the clean coal SNG
16facility and the reasonableness of those costs as required
17under subsection (h) of Section 9-220 of the Public Utilities
18Act.
19    (h) This Code does not apply to the process to procure or
20contracts entered into in accordance with Sections 11-5.2 and
2111-5.3 of the Illinois Public Aid Code.
22    (i) Each chief procurement officer may access records
23necessary to review whether a contract, purchase, or other
24expenditure is or is not subject to the provisions of this
25Code, unless such records would be subject to attorney-client
26privilege.

 

 

HB6623- 7 -LRB099 17783 NHT 51402 b

1    (j) This Code does not apply to the process used by the
2Capital Development Board to retain an artist or work or works
3of art as required in Section 14 of the Capital Development
4Board Act.
5    (k) This Code does not apply to the process to procure
6contracts, or contracts entered into, by the State Board of
7Elections or the State Electoral Board for hearing officers
8appointed pursuant to the Election Code.
9(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
10eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
1197-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
1298-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
131-1-15.)
 
14    (Text of Section after amendment by P.A. 99-801)
15    Sec. 1-10. Application.
16    (a) This Code applies only to procurements for which
17bidders, offerors, potential contractors, or contractors were
18first solicited on or after July 1, 1998. This Code shall not
19be construed to affect or impair any contract, or any provision
20of a contract, entered into based on a solicitation prior to
21the implementation date of this Code as described in Article
2299, including but not limited to any covenant entered into with
23respect to any revenue bonds or similar instruments. All
24procurements for which contracts are solicited between the
25effective date of Articles 50 and 99 and July 1, 1998 shall be

 

 

HB6623- 8 -LRB099 17783 NHT 51402 b

1substantially in accordance with this Code and its intent.
2    (b) This Code shall apply regardless of the source of the
3funds with which the contracts are paid, including federal
4assistance moneys. This Code shall not apply to:
5        (1) Contracts between the State and its political
6    subdivisions or other governments, or between State
7    governmental bodies except as specifically provided in
8    this Code.
9        (2) Grants, except for the filing requirements of
10    Section 20-80.
11        (3) Purchase of care.
12        (4) Hiring of an individual as employee and not as an
13    independent contractor, whether pursuant to an employment
14    code or policy or by contract directly with that
15    individual.
16        (5) Collective bargaining contracts.
17        (6) Purchase of real estate, except that notice of this
18    type of contract with a value of more than $25,000 must be
19    published in the Procurement Bulletin within 10 calendar
20    days after the deed is recorded in the county of
21    jurisdiction. The notice shall identify the real estate
22    purchased, the names of all parties to the contract, the
23    value of the contract, and the effective date of the
24    contract.
25        (7) Contracts necessary to prepare for anticipated
26    litigation, enforcement actions, or investigations,

 

 

HB6623- 9 -LRB099 17783 NHT 51402 b

1    provided that the chief legal counsel to the Governor shall
2    give his or her prior approval when the procuring agency is
3    one subject to the jurisdiction of the Governor, and
4    provided that the chief legal counsel of any other
5    procuring entity subject to this Code shall give his or her
6    prior approval when the procuring entity is not one subject
7    to the jurisdiction of the Governor.
8        (8) Contracts for services to Northern Illinois
9    University by a person, acting as an independent
10    contractor, who is qualified by education, experience, and
11    technical ability and is selected by negotiation for the
12    purpose of providing non-credit educational service
13    activities or products by means of specialized programs
14    offered by the university.
15        (9) Procurement expenditures by the Illinois
16    Conservation Foundation when only private funds are used.
17        (10) Procurement expenditures by the Illinois Health
18    Information Exchange Authority involving private funds
19    from the Health Information Exchange Fund. "Private funds"
20    means gifts, donations, and private grants.
21        (11) Public-private agreements entered into according
22    to the procurement requirements of Section 20 of the
23    Public-Private Partnerships for Transportation Act and
24    design-build agreements entered into according to the
25    procurement requirements of Section 25 of the
26    Public-Private Partnerships for Transportation Act.

 

 

HB6623- 10 -LRB099 17783 NHT 51402 b

1        (12) Contracts for legal, financial, and other
2    professional and artistic services entered into on or
3    before December 31, 2018 by the Illinois Finance Authority
4    in which the State of Illinois is not obligated. Such
5    contracts shall be awarded through a competitive process
6    authorized by the Board of the Illinois Finance Authority
7    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
8    50-35, and 50-37 of this Code, as well as the final
9    approval by the Board of the Illinois Finance Authority of
10    the terms of the contract.
11        (13) The provisions of this paragraph (13), other than
12    this sentence, are inoperative on and after January 1, 2019
13    or 2 years after the effective date of this amendatory Act
14    of the 99th General Assembly, whichever is later. Contracts
15    for services, commodities, and equipment to support the
16    delivery of timely forensic science services in
17    consultation with and subject to the approval of the Chief
18    Procurement Officer as provided in subsection (d) of
19    Section 5-4-3a of the Unified Code of Corrections, except
20    for the requirements of Sections 20-60, 20-65, 20-70, and
21    20-160 and Article 50 of this Code; however, the Chief
22    Procurement Officer may, in writing with justification,
23    waive any certification required under Article 50 of this
24    Code. For any contracts for services which are currently
25    provided by members of a collective bargaining agreement,
26    the applicable terms of the collective bargaining

 

 

HB6623- 11 -LRB099 17783 NHT 51402 b

1    agreement concerning subcontracting shall be followed.
2        (14) Procurement expenditures made by the Board of
3    Trustees of the University of Illinois.
4    Notwithstanding any other provision of law, contracts
5entered into under item (12) of this subsection (b) shall be
6published in the Procurement Bulletin within 14 calendar days
7after contract execution. The chief procurement officer shall
8prescribe the form and content of the notice. The Illinois
9Finance Authority shall provide the chief procurement officer,
10on a monthly basis, in the form and content prescribed by the
11chief procurement officer, a report of contracts that are
12related to the procurement of goods and services identified in
13item (12) of this subsection (b). At a minimum, this report
14shall include the name of the contractor, a description of the
15supply or service provided, the total amount of the contract,
16the term of the contract, and the exception to the Code
17utilized. A copy of each of these contracts shall be made
18available to the chief procurement officer immediately upon
19request. The chief procurement officer shall submit a report to
20the Governor and General Assembly no later than November 1 of
21each year that shall include, at a minimum, an annual summary
22of the monthly information reported to the chief procurement
23officer.
24    (c) This Code does not apply to the electric power
25procurement process provided for under Section 1-75 of the
26Illinois Power Agency Act and Section 16-111.5 of the Public

 

 

HB6623- 12 -LRB099 17783 NHT 51402 b

1Utilities Act.
2    (d) Except for Section 20-160 and Article 50 of this Code,
3and as expressly required by Section 9.1 of the Illinois
4Lottery Law, the provisions of this Code do not apply to the
5procurement process provided for under Section 9.1 of the
6Illinois Lottery Law.
7    (e) This Code does not apply to the process used by the
8Capital Development Board to retain a person or entity to
9assist the Capital Development Board with its duties related to
10the determination of costs of a clean coal SNG brownfield
11facility, as defined by Section 1-10 of the Illinois Power
12Agency Act, as required in subsection (h-3) of Section 9-220 of
13the Public Utilities Act, including calculating the range of
14capital costs, the range of operating and maintenance costs, or
15the sequestration costs or monitoring the construction of clean
16coal SNG brownfield facility for the full duration of
17construction.
18    (f) This Code does not apply to the process used by the
19Illinois Power Agency to retain a mediator to mediate sourcing
20agreement disputes between gas utilities and the clean coal SNG
21brownfield facility, as defined in Section 1-10 of the Illinois
22Power Agency Act, as required under subsection (h-1) of Section
239-220 of the Public Utilities Act.
24    (g) This Code does not apply to the processes used by the
25Illinois Power Agency to retain a mediator to mediate contract
26disputes between gas utilities and the clean coal SNG facility

 

 

HB6623- 13 -LRB099 17783 NHT 51402 b

1and to retain an expert to assist in the review of contracts
2under subsection (h) of Section 9-220 of the Public Utilities
3Act. This Code does not apply to the process used by the
4Illinois Commerce Commission to retain an expert to assist in
5determining the actual incurred costs of the clean coal SNG
6facility and the reasonableness of those costs as required
7under subsection (h) of Section 9-220 of the Public Utilities
8Act.
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(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
2698-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.

 

 

HB6623- 14 -LRB099 17783 NHT 51402 b

11-1-15; 99-801, eff. 1-1-17.)
 
2    (30 ILCS 500/1-15.100)
3    Sec. 1-15.100. State agency. "State agency" means and
4includes all boards, commissions, agencies, institutions,
5authorities, and bodies politic and corporate of the State,
6created by or in accordance with the constitution or statute,
7of the executive branch of State government and does include
8colleges, universities, and institutions under the
9jurisdiction of the governing boards of the University of
10Illinois, Southern Illinois University, Illinois State
11University, Eastern Illinois University, Northern Illinois
12University, Western Illinois University, Chicago State
13University, Governor State University, Northeastern Illinois
14University, and the Board of Higher Education. However, this
15term does not apply to public employee retirement systems or
16investment boards that are subject to fiduciary duties imposed
17by the Illinois Pension Code or to the University of Illinois
18Foundation or the Board of Trustees of the University of
19Illinois. "State agency" does not include units of local
20government, school districts, community colleges under the
21Public Community College Act, and the Illinois Comprehensive
22Health Insurance Board.
23(Source: P.A. 90-572, eff. 2-6-98.)
 
24    Section 15. The State Property Control Act is amended by

 

 

HB6623- 15 -LRB099 17783 NHT 51402 b

1changing Section 1.02 as follows:
 
2    (30 ILCS 605/1.02)  (from Ch. 127, par. 133b3)
3    Sec. 1.02. "Property" means State owned property and
4includes all real estate, with the exception of rights of way
5for State water resource and highway improvements, traffic
6signs and traffic signals, and with the exception of common
7school property; and all tangible personal property with the
8exception of properties specifically exempted by the
9administrator, provided that any property originally
10classified as real property which has been detached from its
11structure shall be classified as personal property.
12    "Property" does not include property owned by the Illinois
13Medical District Commission and leased or occupied by others
14for purposes permitted under the Illinois Medical District Act.
15"Property" also does not include property owned and held by the
16Illinois Medical District Commission for redevelopment.
17    "Property" does not include property described under
18Section 5 of Public Act 92-371 with respect to depositing the
19net proceeds from the sale or exchange of the property as
20provided in Section 10 of that Act.
21    "Property" does not include that property described under
22Section 5 of Public Act 94-405.
23    "Property" does not include real property owned or operated
24by the Illinois Power Agency or any electricity generated on
25that real property or by the Agency. For purposes of this

 

 

HB6623- 16 -LRB099 17783 NHT 51402 b

1subsection only, "real property" includes any interest in land,
2all buildings and improvements located thereon, and all
3fixtures and equipment used or designed for the production and
4transmission of electricity located thereon.
5    "Property" does not include property owned by the Board of
6Trustees of the University of Illinois or leased property
7utilized for purposes permitted under the University of
8Illinois Act.
9(Source: P.A. 94-405, eff. 8-2-05; 95-331, eff. 8-21-07;
1095-481, eff. 8-28-07.)
 
11    Section 20. The University of Illinois Act is amended by
12adding Sections 100, 105, and 110 as follows:
 
13    (110 ILCS 305/100 new)
14    Sec. 100. University of Illinois Investment, Performance,
15and Accountability Commitment.
16    (a) This Section may be referred to as the University of
17Illinois Investment, Performance, and Accountability
18Commitment.
19    (b) For Fiscal Year 2018, the General Assembly shall
20appropriate and the State Comptroller shall make available to
21the University an amount for operations that is not less than
22$662,100,000. For Fiscal Year 2019 and every fiscal year
23thereafter, the General Assembly shall appropriate, before the
24beginning of each fiscal year, an amount not less than the

 

 

HB6623- 17 -LRB099 17783 NHT 51402 b

1amount appropriated for operations in the prior fiscal year,
2increased by a percentage equal to the percentage increase, if
3any, in the Consumer Price Index for All Urban Consumers
4(CPI-U) published by the Bureau of Labor Statistics of the
5United States Department of Labor for the 12 months ending on
6the previous December 31, and the State Comptroller shall make
7available to the University within 12 months from the effective
8date of the appropriation an amount for operations that is not
9less than the amount appropriated and made available to the
10University for the prior fiscal year. The State Comptroller
11shall make timely payments, within 90 days after receipt, to
12the University on vouchers for the appropriations received from
13the University. University vouchers not paid within 90 days
14after receipt by the State Comptroller shall accrue interest
15paid by the State Comptroller to the University at a rate of 1%
16per month. The General Assembly shall appropriate annually and
17the State Comptroller shall make available payments for the
18employer's share of pension costs under the Illinois Pension
19Code and healthcare costs under the State Employees Group
20Insurance Act of 1971 for the covered employees of the
21University.
22    (c) In this subsection (c), "mandatory fees" excludes
23mandatory fees approved by students by referendum. Beginning
24with the 2018-2019 academic year, the Board of Trustees may not
25increase the base rate of in-State, undergraduate tuition and
26mandatory fees by more than the rate of inflation, if any, as

 

 

HB6623- 18 -LRB099 17783 NHT 51402 b

1measured by the Consumer Price Index for all Urban Consumers
2(CPI-U) published by the Bureau of Labor Statistics of the
3United States Department of Labor for the 12 months ending on
4the previous December 31 above the base rate of in-State,
5undergraduate tuition and mandatory fees set by the Board of
6Trustees for an undergraduate academic program in the previous
7academic year. This subsection (c) does not apply to health
8insurance fees, fees approved prior to the effective date of
9this amendatory Act of the 99th General Assembly, or fees
10approved by a student referendum.
11    (d) For Fiscal Year 2018 and every fiscal year thereafter,
12the University shall provide to residents of this State
13need-based financial aid in an amount that is not less than
1412.5% of the University's appropriation. At least $15,000,000
15of this financial aid shall be provided annually to Illinois
16students of historically underrepresented populations. Such
17students shall include the following:
18        (1) students who are Black or African American,
19    Hispanic or Latino, American Indian or Alaska Native, or
20    Native Hawaiian or Other Pacific Islander;
21        (2) students from counties in this State from which the
22    University of Illinois at Urbana-Champaign campus, the
23    University of Illinois at Chicago campus, and the
24    University of Illinois at Springfield campus combined have
25    enrolled on average 2 or fewer students from the county
26    over the last 3 years; and

 

 

HB6623- 19 -LRB099 17783 NHT 51402 b

1        (3) students from families who are classified as in
2    poverty with an expected family contribution equal to zero.
3    (e) For the 2018-2019 academic year and every academic year
4thereafter, the University shall achieve performance goals
5defined by all of the following key performance indicators:
6        (1) The Board of Trustees shall admit no fewer than
7    14,000 residents of this State in undergraduate programs at
8    the University of Illinois at Urbana-Champaign campus,
9    11,800 residents of this State in undergraduate programs at
10    the University of Illinois at Chicago campus, and 1,500
11    residents of this State in undergraduate programs at the
12    University of Illinois at Springfield campus, provided the
13    requisite number of residents of this State seeking
14    admission to undergraduate programs at the University meet
15    the requirements of Section 8 of this Act. Residents of
16    this State must comprise at least 50%, combined, of any
17    growth in on-campus undergraduate enrollment above the
18    level for the 2015-2016 academic year.
19        (2) The University shall maintain a first-to-second
20    year retention rate in undergraduate programs greater than
21    or equal to a combined 87% at the University of Illinois at
22    Urbana-Champaign campus, the University of Illinois at
23    Chicago campus, and the University of Illinois at
24    Springfield campus.
25        (3) The University shall maintain a 6-year graduation
26    rate for first-time freshmen in undergraduate programs

 

 

HB6623- 20 -LRB099 17783 NHT 51402 b

1    greater than or equal to a combined 72% at the University
2    of Illinois at Urbana-Champaign campus, the University of
3    Illinois at Chicago campus, and the University of Illinois
4    at Springfield campus.
5    For any academic year in which the University does not meet
6or exceed the key performance indicators listed in this
7subsection (e), the appropriation required by subsection (b) of
8this Section for the following fiscal year may be adjusted
9appropriately by the passage of a joint resolution of the
10General Assembly. However, any adjustment made under this
11subsection (e) must not be the basis for any future fiscal year
12appropriation under subsection (b) of this Section. If an
13adjustment is made under this subsection (e), the basis for any
14future fiscal year appropriation under subsection (b) of this
15Section must be the previous fiscal year in which an adjustment
16was not made.
17    (f) Beginning September 1, 2018 and every September 1
18thereafter, the University shall publish on its website and
19make publicly available an annual report related to the
20previous academic and fiscal year at the University of Illinois
21at Urbana-Champaign campus, at the University of Illinois at
22Chicago campus, and at the University of Illinois at
23Springfield campus. The annual report shall include all of the
24following information:
25        (1) The number of first-time freshmen enrolled.
26        (2) The number of new transfer students enrolled.

 

 

HB6623- 21 -LRB099 17783 NHT 51402 b

1        (3) The number of undergraduates enrolled who are
2    residents of this State.
3        (4) The number of underrepresented minority
4    undergraduate students enrolled.
5        (5) The total undergraduate enrollment.
6        (6) The number of undergraduate degrees issued.
7        (7) The number of graduate degrees issued.
8        (8) The number of professional degrees issued.
9        (9) The total number of degrees issued.
10        (10) The number of science, technology, engineering,
11    and mathematics degrees issued.
12        (11) The direct appropriation per undergraduate
13    degree.
14        (12) The direct appropriation per undergraduate degree
15    issued to a resident of this State.
16        (13) The direct appropriation as a percentage of total
17    expenditures.
18        (14) The number of undergraduate students enrolled in
19    each college of each campus.
20        (15) The number of undergraduate students who are
21    residents of this State enrolled in each college of each
22    campus.
23    (g) The requirements of subsections (c), (d), and (e) of
24this Section are not applicable to the University in any fiscal
25year in which the General Assembly fails to appropriate and the
26State Comptroller fails to make available the amounts required

 

 

HB6623- 22 -LRB099 17783 NHT 51402 b

1under subsection (b) of this Section.
2    (h) This Section is repealed on June 30, 2022.
 
3    (110 ILCS 305/105 new)
4    Sec. 105. Certificates of participation for capital
5improvements.
6    (a) For the purposes of this Section, "Commission" means
7the Commission on Government Forecasting and Accountability.
8    (b) The power of the Board of Trustees to enter into
9contracts includes the power to enter into financing agreements
10in connection with the financing of capital improvements,
11including technology or other related improvements, by selling
12certificates of participation in the installment payments made
13under such financing agreements. These financing agreements
14may be entered into for any period of time less than or equal
15to 30 years, but not to exceed the useful life of the capital
16improvement. Nothing in this Section authorizes the Board to
17incur State debt, as that term is defined in subsection (a) of
18Section 9 of Article IX of the Constitution of the State of
19Illinois.
20    (c) Upon determination by the Board to undertake a
21transaction for the sale of certificates of participation and
22enter into related financing agreements in connection with the
23financing of capital improvements, the Board shall adopt a
24resolution or resolutions describing in a general way the
25contemplated facilities or a combination thereof designated as

 

 

HB6623- 23 -LRB099 17783 NHT 51402 b

1the project, the estimated cost thereof, and any additional
2relevant information.
3    (d) Before issuance of any certificate of participation,
4the Board or its representatives shall appear before the
5Commission and present the details of the proposal. This
6presentation shall include such information as the Commission
7may request in relation to the proposed certificate of
8participation issuance. This information shall include, but is
9not limited to, the amount being financed, the nature of the
10project being financed, the proposed funding stream to pay for
11the certificate of participation issuance, the current
12outstanding indebtedness of the University, and the status of
13all currently issued certificates of participation.
14    Upon receipt of a request by the University for a
15certificate of participation presentation, the Commission
16shall hold a public hearing and, upon adoption by a vote of the
17majority of appointed members, issue a record of findings in
18regards to the issuance of the certificate of participation
19within 60 days after the request.
20    As part of the Commission's considerations and findings,
21the Commission shall consider the effect the issuance of a
22certificate of participation shall have on the University's
23annual debt service and overall fiscal condition.
24    Within the Commission's findings must be a statement in
25which the Commission makes a recommendation to the University
26as to proceeding with the certificate of participation

 

 

HB6623- 24 -LRB099 17783 NHT 51402 b

1issuance. The recommendation shall be either (i) "favorably
2recommended", (ii) "recommended with concerns", or (iii)
3"non-support of issuance".
4    The Commission shall report the findings within 15 days
5after the hearing to all of the following:
6        (1) The Speaker of the House of Representatives.
7        (2) The Minority Leader of the House of
8    Representatives.
9        (3) The President of the Senate.
10        (4) The Minority Leader of the Senate.
11        (5) The Governor's Office of Management and Budget.
12        (6) The President of the University.
13    Upon a finding of "non-support of issuance", the University
14may not proceed with the issuance of the certificate of
15participation involved in the finding without the approval of
16the General Assembly through the adoption of a joint
17resolution.
18    (e) Upon receipt of the external Auditor General audit
19report of each year, the University shall file with the
20Commission a report stating the status of all outstanding
21certificates of participation the University has issued and a
22copy of the annual budget as approved by the Board.
23    (f) Each issuance of a certificate of participation shall
24include within the appropriate documents related to its
25execution the following statement, which sets forth required
26limitations in relation to the certificate:

 

 

HB6623- 25 -LRB099 17783 NHT 51402 b

1    "THE BOARD OF TRUSTEES' OBLIGATION TO MAKE INSTALLMENT
2PAYMENTS DOES NOT CONSTITUTE A DEBT OF THE BOARD OR THE STATE
3OF ILLINOIS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR
4STATUTORY LIMITATION. THE INSTALLMENT PAYMENTS REQUIRED UNDER
5CERTIFICATES OF PARTICIPATION INCURRED BY THE UNIVERSITY ARE
6NOT SECURED BY THE FULL FAITH AND CREDIT OF THE STATE AND ARE
7NOT REQUIRED TO BE REPAID AND MAY NOT BE REPAID, DIRECTLY OR
8INDIRECTLY, FROM TAX REVENUE.".
9    (g) The maximum annual debt service for the University's
10total certificate of participation obligation must not exceed
11$100,000,000.
 
12    (110 ILCS 305/110 new)
13    Sec. 110. Illinois Excellence Program. Subject to
14appropriation, the Board of Trustees shall establish and
15administer a program, to be called the Illinois Excellence
16Program, to recruit and retain promising faculty throughout the
17University of Illinois system through capital investment in
18both new and distressed facilities. The Program shall focus on
19capital investment in facilities designed to attract and retain
20sought-after faculty to the University of Illinois system.
21    The Illinois Excellence Fund is created as a special fund
22in the State treasury. All money in the Fund may be used,
23subject to appropriation, by the Board of Trustees for the
24administration of the Illinois Excellence Program.
 

 

 

HB6623- 26 -LRB099 17783 NHT 51402 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.