State of Illinois
2011 and 2012


Introduced 2/7/2012, by Sen. Linda Holmes


30 ILCS 500/1-13

    Amends the Illinois Procurement Code. In a Section concerning the applicability of the Code to public institutions of higher education, includes the Illinois Mathematics and Science Academy in the definition of "public institution of higher education". Effective immediately.

LRB097 17074 PJG 62272 b






SB3397LRB097 17074 PJG 62272 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7    (Section scheduled to be repealed on December 31, 2014)
8    Sec. 1-13. Applicability to public institutions of higher
10    (a) This Code shall apply to public institutions of higher
11education, regardless of the source of the funds with which
12contracts are paid, except as provided in this Section.
13    (b) Except as provided in this Section, this Code shall not
14apply to procurements made by or on behalf of public
15institutions of higher education for any of the following:
16        (1) Memberships in professional, academic, or athletic
17    organizations on behalf of a public institution of higher
18    education, an employee of a public institution of higher
19    education, or a student at a public institution of higher
20    education.
21        (2) Procurement expenditures for events or activities
22    paid for exclusively by revenues generated by the event or
23    activity, gifts or donations for the event or activity,



SB3397- 2 -LRB097 17074 PJG 62272 b

1    private grants, or any combination thereof.
2        (3) Procurement expenditures for events or activities
3    for which the use of specific vendors is mandated or
4    identified by the sponsor of the event or activity,
5    provided that the sponsor is providing a majority of the
6    funding for the event or activity.
7        (4) Procurement expenditures necessary to provide
8    artistic or musical services, performances, or productions
9    held at a venue operated by a public institution of higher
10    education.
11        (5) Procurement expenditures for periodicals and books
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.
16Notice of each contract entered into by a public institution of
17higher education that is related to the procurement of goods
18and services identified in items (1) through (5) of this
19subsection shall be published in the Procurement Bulletin
20within 14 days after contract execution. The Chief Procurement
21Officer shall prescribe the form and content of the notice.
22Each public institution of higher education shall provide the
23Chief Procurement Officer, on a monthly basis, in the form and
24content prescribed by the Chief Procurement Officer, a report
25of contracts that are related to the procurement of goods and
26services identified in this subsection. At a minimum, this



SB3397- 3 -LRB097 17074 PJG 62272 b

1report shall include the name of the contractor, a description
2of the supply or service provided, the total amount of the
3contract, the term of the contract, and the exception to the
4Code utilized. A copy of any or all of these contracts shall be
5made available to the Chief Procurement Officer immediately
6upon request. The Chief Procurement Officer shall submit a
7report to the Governor and General Assembly no later than
8November 1 of each year that shall include, at a minimum, an
9annual summary of the monthly information reported to the Chief
10Procurement Officer.
11    (c) Procurements made by or on behalf of public
12institutions of higher education for any of the following shall
13be made in accordance with the requirements of this Code to the
14extent practical as provided in this subsection:
15        (1) Contracts with a foreign entity necessary for
16    research or educational activities, provided that the
17    foreign entity either does not maintain an office in the
18    United States or is the sole source of the service or
19    product.
20        (2) Procurements of FDA-regulated goods, products, and
21    services necessary for the delivery of care and treatment
22    at medical, dental, or veterinary teaching facilities
23    utilized by the University of Illinois or Southern Illinois
24    University.
25        (3) Contracts for programming and broadcast license
26    rights for university-operated radio and television



SB3397- 4 -LRB097 17074 PJG 62272 b

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



SB3397- 5 -LRB097 17074 PJG 62272 b

1the aggregate amount of contracts or pending bids of a business
2entity and any affiliated entities or affiliated persons.
3    (e) Notwithstanding subsection (e) of Section 50-10.5 of
4this Code, the Chief Procurement Officer, with the approval of
5the Executive Ethics Commission, may permit a public
6institution of higher education to accept a bid or enter into a
7contract with a business that assisted the public institution
8of higher education in determining whether there is a need for
9a contract or assisted in reviewing, drafting, or preparing
10documents related to a bid or contract, provided that the bid
11or contract is essential to research administered by the public
12institution of higher education and it is in the best interest
13of the public institution of higher education to accept the bid
14or contract. For purposes of this subsection, "business"
15includes all individuals with whom a business is affiliated,
16including, but not limited to, any officer, agent, employee,
17consultant, independent contractor, director, partner,
18manager, or shareholder of a business. The Executive Ethics
19Commission may promulgate rules and regulations for the
20implementation and administration of the provisions of this
21subsection (e).
22    (f) As used in this Section:
23    "Grant" means non-appropriated funding provided by a
24federal or private entity to support a project or program
25administered by a public institution of higher education and
26any non-appropriated funding provided to a sub-recipient of the



SB3397- 6 -LRB097 17074 PJG 62272 b

2    "Public institution of higher education" means Chicago
3State University, Eastern Illinois University, Governors State
4University, Illinois State University, Northeastern Illinois
5University, Northern Illinois University, Southern Illinois
6University, University of Illinois, and Western Illinois
7University, and, for purposes of this Code only, the Illinois
8Mathematics and Science Academy.
9    (g) This Section is repealed on December 31, 2014.
10(Source: P.A. 97-643, eff. 12-20-11.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.