101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3384

 

Introduced 2/14/2020, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-13
30 ILCS 500/40-25

    Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurements made by or on behalf of public institutions of higher education for procurement expenditures for the search and placement of medical practitioners necessary for clinical and academic staffing at the teaching hospitals located at the Southern Illinois University School of Medicine, the University of Illinois at Chicago, and the University of Illinois Champaign-Urbana. Provides that a lease for real property owned by Southern Illinois University to be used by the Southern Illinois University School of Medicine for an ambulatory surgical center may exceed 10 years in length under specified circumstances, but may not exceed 30 years in length.


LRB101 19532 RJF 69005 b

 

 

A BILL FOR

 

SB3384LRB101 19532 RJF 69005 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 Sections 1-13 and 40-25 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 the search and
5    placement of medical practitioners necessary for clinical
6    and academic staffing at the teaching hospitals located at
7    the Southern Illinois University School of Medicine, the
8    University of Illinois at Chicago, and the University of
9    Illinois Champaign-Urbana.
10Notice of each contract entered into by a public institution of
11higher education that is related to the procurement of goods
12and services identified in items (1) through (9) of this
13subsection shall be published in the Procurement Bulletin
14within 14 calendar days after contract execution. The Chief
15Procurement Officer shall prescribe the form and content of the
16notice. Each public institution of higher education shall
17provide the Chief Procurement Officer, on a monthly basis, in
18the form and content prescribed by the Chief Procurement
19Officer, a report of contracts that are related to the
20procurement of goods and services identified in this
21subsection. At a minimum, this report shall include the name of
22the contractor, a description of the supply or service
23provided, the total amount of the contract, the term of the
24contract, and the exception to the Code utilized. A copy of any
25or all of these contracts shall be made available to the Chief
26Procurement Officer immediately upon request. The Chief

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1General Assembly that this Section not be subject to repeal on
2December 31, 2014.
3    This Section shall be deemed to have been in continuous
4effect since December 20, 2011 (the effective date of Public
5Act 97-643), and it shall continue to be in effect henceforward
6until it is otherwise lawfully repealed. All previously enacted
7amendments to this Section taking effect on or after December
831, 2014, are hereby validated.
9    All actions taken in reliance on or pursuant to this
10Section by any public institution of higher education, person,
11or entity are hereby validated.
12    In order to ensure the continuing effectiveness of this
13Section, it is set forth in full and re-enacted by this
14amendatory Act of the 100th General Assembly. This re-enactment
15is intended as a continuation of this Section. It is not
16intended to supersede any amendment to this Section that is
17enacted by the 100th General Assembly.
18    In this amendatory Act of the 100th General Assembly, the
19base text of the reenacted Section is set forth as amended by
20Public Act 98-1076. Striking and underscoring is used only to
21show changes being made to the base text.
22    This Section applies to all procurements made on or before
23the effective date of this amendatory Act of the 100th General
24Assembly.
25(Source: P.A. 100-43, eff. 8-9-17.)
 

 

 

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1    (30 ILCS 500/40-25)
2    Sec. 40-25. Length of leases.
3    (a) Maximum term. Except as otherwise provided under
4subsection (a-5), leases shall be for a term not to exceed 10
5years inclusive, beginning January, 1, 2010, of proposed
6contract renewals and shall include a termination option in
7favor of the State after 5 years. The length of energy
8conservation program contracts or energy savings contracts or
9leases shall be in accordance with the provisions of Section
1025-45.
11    (a-5) Extended term. A lease for real property owned by the
12University of Illinois to be used by the University of Illinois
13at Chicago for an ambulatory surgical center, which would
14include both clinical services and retail space, may exceed 10
15years in length where: (i) the lease requires the lessor to
16make capital improvements in excess of $100,000; and (ii) the
17Board of Trustees of the University of Illinois determines a
18term of more than 10 years is necessary and is in the best
19interest of the University. A lease under this subsection (a-5)
20may not exceed 30 years in length.
21    (a-10) Extended term. A lease for real property owned by
22Southern Illinois University to be used by the Southern
23Illinois University School of Medicine for an ambulatory
24surgical center, which would include both clinical services and
25retail space, may exceed 10 years in length where: (i) the
26lease requires the lessor to make capital improvements in

 

 

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1excess of $100,000; and (ii) the Board of Trustees of Southern
2Illinois University determines a term of more than 10 years is
3necessary and is in the best interest of the University. A
4lease under this subsection (a-10) may not exceed 30 years in
5length.
6    (b) Renewal. Leases may include a renewal option. An option
7to renew may be exercised only when a State purchasing officer
8determines in writing that renewal is in the best interest of
9the State and notice of the exercise of the option is published
10in the appropriate volume of the Procurement Bulletin at least
1130 calendar days prior to the exercise of the option.
12    (c) Subject to appropriation. All leases shall recite that
13they are subject to termination and cancellation in any year
14for which the General Assembly fails to make an appropriation
15to make payments under the terms of the lease.
16    (d) Holdover. Beginning January 1, 2010, no lease may
17continue on a month-to-month or other holdover basis for a
18total of more than 6 months. Beginning July 1, 2010, the
19Comptroller shall withhold payment of leases beyond this
20holdover period.
21(Source: P.A. 100-23, eff. 7-6-17; 100-1047, eff. 1-1-19;
22101-426, eff. 1-1-20.)