101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3157

 

Introduced 2/11/2020, by Sen. Scott M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-13

    Amends the Illinois Procurement Code. Provides that the Code does not apply to procurements made by or on behalf of public institutions of higher education for (1) procurement expenditures for investments, investment management, investment services, investment banking, and custodial services and (2) procurement expenditures for bonding, bond issuance, and bond custodians and trustees.


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A BILL FOR

 

SB3157LRB101 17341 RJF 66746 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 1-13 as follows:
 
6    (30 ILCS 500/1-13)
7    Sec. 1-13. Applicability to public institutions of higher
8education.
9    (a) This Code shall apply to public institutions of higher
10education, regardless of the source of the funds with which
11contracts are paid, except as provided in this Section.
12    (b) Except as provided in this Section, this Code shall not
13apply to procurements made by or on behalf of public
14institutions of higher education for any of the following:
15        (1) Memberships in professional, academic, research,
16    or athletic organizations on behalf of a public institution
17    of higher education, an employee of a public institution of
18    higher education, or a student at a public institution of
19    higher education.
20        (2) Procurement expenditures for events or activities
21    paid for exclusively by revenues generated by the event or
22    activity, gifts or donations for the event or activity,
23    private grants, or any combination thereof.

 

 

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1        (3) Procurement expenditures for events or activities
2    for which the use of specific potential contractors is
3    mandated or identified by the sponsor of the event or
4    activity, provided that the sponsor is providing a majority
5    of the funding for the event or activity.
6        (4) Procurement expenditures necessary to provide
7    athletic, artistic or musical services, performances,
8    events, or productions by or for a public institution of
9    higher education.
10        (5) Procurement expenditures for periodicals, books,
11    subscriptions, database licenses, and other publications
12    procured for use by a university library or academic
13    department, except for expenditures related to procuring
14    textbooks for student use or materials for resale or
15    rental.
16        (6) Procurement expenditures for placement of students
17    in externships, practicums, field experiences, and for
18    medical residencies and rotations.
19        (7) Contracts for programming and broadcast license
20    rights for university-operated radio and television
21    stations.
22        (8) Procurement expenditures necessary to perform
23    sponsored research and other sponsored activities under
24    grants and contracts funded by the sponsor or by sources
25    other than State appropriations.
26        (9) Contracts with a foreign entity for research or

 

 

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1    educational activities, provided that the foreign entity
2    either does not maintain an office in the United States or
3    is the sole source of the service or product.
4        (10) Procurement expenditures for investments,
5    investment management, investment services, investment
6    banking, and custodial services.
7        (11) Procurement expenditures for bonding, bond
8    issuance, and bond custodians and trustees.
9Notice of each contract entered into by a public institution of
10higher education that is related to the procurement of goods
11and services identified in items (1) through (9) of this
12subsection shall be published in the Procurement Bulletin
13within 14 calendar days after contract execution. The Chief
14Procurement Officer shall prescribe the form and content of the
15notice. Each public institution of higher education shall
16provide the Chief Procurement Officer, on a monthly basis, in
17the form and content prescribed by the Chief Procurement
18Officer, a report of contracts that are related to the
19procurement of goods and services identified in this
20subsection. At a minimum, this report shall include the name of
21the contractor, a description of the supply or service
22provided, the total amount of the contract, the term of the
23contract, and the exception to the Code utilized. A copy of any
24or all of these contracts shall be made available to the Chief
25Procurement Officer immediately upon request. The Chief
26Procurement Officer shall submit a report to the Governor and

 

 

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1General Assembly no later than November 1 of each year that
2shall include, at a minimum, an annual summary of the monthly
3information reported to the Chief Procurement Officer.
4    (b-5) Except as provided in this subsection, the provisions
5of this Code shall not apply to contracts for medical supplies,
6and to contracts for medical services necessary for the
7delivery of care and treatment at medical, dental, or
8veterinary teaching facilities utilized by Southern Illinois
9University or the University of Illinois and at any
10university-operated health care center or dispensary that
11provides care, treatment, and medications for students,
12faculty and staff. Other supplies and services needed for these
13teaching facilities shall be subject to the jurisdiction of the
14Chief Procurement Officer for Public Institutions of Higher
15Education who may establish expedited procurement procedures
16and may waive or modify certification, contract, hearing,
17process and registration requirements required by the Code. All
18procurements made under this subsection shall be documented and
19may require publication in the Illinois Procurement Bulletin.
20    (c) Procurements made by or on behalf of public
21institutions of higher education for the fulfillment of a grant
22shall be made in accordance with the requirements of this Code
23to the extent practical.
24    Upon the written request of a public institution of higher
25education, the Chief Procurement Officer may waive contract,
26registration, certification, and hearing requirements of this

 

 

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1Code if, based on the item to be procured or the terms of a
2grant, compliance is impractical. The public institution of
3higher education shall provide the Chief Procurement Officer
4with specific reasons for the waiver, including the necessity
5of contracting with a particular potential contractor, and
6shall certify that an effort was made in good faith to comply
7with the provisions of this Code. The Chief Procurement Officer
8shall provide written justification for any waivers. By
9November 1 of each year, the Chief Procurement Officer shall
10file a report with the General Assembly identifying each
11contract approved with waivers and providing the justification
12given for any waivers for each of those contracts. Notice of
13each waiver made under this subsection shall be published in
14the Procurement Bulletin within 14 calendar days after contract
15execution. The Chief Procurement Officer shall prescribe the
16form and content of the notice.
17    (d) Notwithstanding this Section, a waiver of the
18registration requirements of Section 20-160 does not permit a
19business entity and any affiliated entities or affiliated
20persons to make campaign contributions if otherwise prohibited
21by Section 50-37. The total amount of contracts awarded in
22accordance with this Section shall be included in determining
23the aggregate amount of contracts or pending bids of a business
24entity and any affiliated entities or affiliated persons.
25    (e) Notwithstanding subsection (e) of Section 50-10.5 of
26this Code, the Chief Procurement Officer, with the approval of

 

 

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1the Executive Ethics Commission, may permit a public
2institution of higher education to accept a bid or enter into a
3contract with a business that assisted the public institution
4of higher education in determining whether there is a need for
5a contract or assisted in reviewing, drafting, or preparing
6documents related to a bid or contract, provided that the bid
7or contract is essential to research administered by the public
8institution of higher education and it is in the best interest
9of the public institution of higher education to accept the bid
10or contract. For purposes of this subsection, "business"
11includes all individuals with whom a business is affiliated,
12including, but not limited to, any officer, agent, employee,
13consultant, independent contractor, director, partner,
14manager, or shareholder of a business. The Executive Ethics
15Commission may promulgate rules and regulations for the
16implementation and administration of the provisions of this
17subsection (e).
18    (f) As used in this Section:
19    "Grant" means non-appropriated funding provided by a
20federal or private entity to support a project or program
21administered by a public institution of higher education and
22any non-appropriated funding provided to a sub-recipient of the
23grant.
24    "Public institution of higher education" means Chicago
25State University, Eastern Illinois University, Governors State
26University, Illinois State University, Northeastern Illinois

 

 

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1University, Northern Illinois University, Southern Illinois
2University, University of Illinois, Western Illinois
3University, and, for purposes of this Code only, the Illinois
4Mathematics and Science Academy.
5    (g) (Blank).
6    (h) The General Assembly finds and declares that:
7        (1) Public Act 98-1076, which took effect on January 1,
8    2015, changed the repeal date set for this Section from
9    December 31, 2014 to December 31, 2016.
10        (2) The Statute on Statutes sets forth general rules on
11    the repeal of statutes and the construction of multiple
12    amendments, but Section 1 of that Act also states that
13    these rules will not be observed when the result would be
14    "inconsistent with the manifest intent of the General
15    Assembly or repugnant to the context of the statute".
16        (3) This amendatory Act of the 100th General Assembly
17    manifests the intention of the General Assembly to remove
18    the repeal of this Section.
19        (4) This Section was originally enacted to protect,
20    promote, and preserve the general welfare. Any
21    construction of this Section that results in the repeal of
22    this Section on December 31, 2014 would be inconsistent
23    with the manifest intent of the General Assembly and
24    repugnant to the context of this Code.
25    It is hereby declared to have been the intent of the
26General Assembly that this Section not be subject to repeal on

 

 

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1December 31, 2014.
2    This Section shall be deemed to have been in continuous
3effect since December 20, 2011 (the effective date of Public
4Act 97-643), and it shall continue to be in effect henceforward
5until it is otherwise lawfully repealed. All previously enacted
6amendments to this Section taking effect on or after December
731, 2014, are hereby validated.
8    All actions taken in reliance on or pursuant to this
9Section by any public institution of higher education, person,
10or entity are hereby validated.
11    In order to ensure the continuing effectiveness of this
12Section, it is set forth in full and re-enacted by this
13amendatory Act of the 100th General Assembly. This re-enactment
14is intended as a continuation of this Section. It is not
15intended to supersede any amendment to this Section that is
16enacted by the 100th General Assembly.
17    In this amendatory Act of the 100th General Assembly, the
18base text of the reenacted Section is set forth as amended by
19Public Act 98-1076. Striking and underscoring is used only to
20show changes being made to the base text.
21    This Section applies to all procurements made on or before
22the effective date of this amendatory Act of the 100th General
23Assembly.
24(Source: P.A. 100-43, eff. 8-9-17.)