Full Text of HB4113 99th General Assembly
HB4113eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | adding Section 1-13.5 as follows: | 6 | | (30 ILCS 500/1-13.5 new) | 7 | | Sec. 1-13.5. Applicability to public institutions of | 8 | | higher education. | 9 | | (a) As used in this Section: | 10 | | "Grant" means non-appropriated funding provided by a | 11 | | federal or private entity to support a project or program | 12 | | administered by a public institution of higher education and | 13 | | any non-appropriated funding provided to a sub-recipient of the | 14 | | grant. | 15 | | "Public institution of higher education" means Chicago | 16 | | State University, Eastern Illinois University, Governors State | 17 | | University, Illinois State University, Northeastern Illinois | 18 | | University, Northern Illinois University, Southern Illinois | 19 | | University, the University of Illinois, Western Illinois | 20 | | University, and, for purposes of this Code only, the Illinois | 21 | | Mathematics and Science Academy. | 22 | | (b) This Code shall apply to public institutions of higher | 23 | | education, regardless of the source of the funds with which |
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| 1 | | contracts are paid, except as provided in this Section. | 2 | | (c) Except as provided in this Section, this Code shall not | 3 | | apply to procurements made by or on behalf of public | 4 | | institutions of higher education for any of the following: | 5 | | (1) Memberships in professional, academic, research, | 6 | | or athletic organizations on behalf of a public institution | 7 | | of higher education, an employee of a public institution of | 8 | | higher education, or a student at a public institution of | 9 | | higher education. | 10 | | (2) Procurement expenditures for events or activities | 11 | | paid for exclusively by revenues generated by the event or | 12 | | activity, gifts or donations for the event or activity, | 13 | | private grants, or any combination thereof. | 14 | | (3) Procurement expenditures for events or activities | 15 | | for which the use of specific potential contractors is | 16 | | mandated or identified by the sponsor of the event or | 17 | | activity, provided that the sponsor is providing a majority | 18 | | of the funding for the event or activity. | 19 | | (4) Procurement expenditures necessary to provide | 20 | | artistic or musical services, performances, or productions | 21 | | held at a venue operated by a public institution of higher | 22 | | education. | 23 | | (5) Procurement expenditures for periodicals and books | 24 | | procured for use by a university library or academic | 25 | | department, except for expenditures related to procuring | 26 | | textbooks for student use or materials for resale or |
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| 1 | | rental. | 2 | | (6) Procurement expenditures for placement of students | 3 | | in externships, practicums, field experiences, and medical | 4 | | residencies and rotations. | 5 | | (7) Contracts for programming and broadcast license | 6 | | rights for university-operated radio and television | 7 | | stations. | 8 | | (8) Contracts for the printing of a student-run | 9 | | newspaper at the Carbondale campus of Southern Illinois | 10 | | University. | 11 | | Notice of each contract entered into by a public institution of | 12 | | higher education that is related to the procurement of goods | 13 | | and services identified in items (1) through (8) of this | 14 | | subsection (c) shall be published in the Procurement Bulletin | 15 | | within 14 calendar days after contract execution. The Chief | 16 | | Procurement Officer shall prescribe the form and content of the | 17 | | notice. Each public institution of higher education shall | 18 | | provide the Chief Procurement Officer, on a monthly basis, in | 19 | | the form and content prescribed by the Chief Procurement | 20 | | Officer, a report of contracts that are related to the | 21 | | procurement of goods and services identified in this subsection | 22 | | (c). At a minimum, this report shall include the name of the | 23 | | contractor, a description of the supply or service provided, | 24 | | the total amount of the contract, the term of the contract, and | 25 | | the exception to this Code utilized. A copy of any or all of | 26 | | these contracts shall be made available to the Chief |
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| 1 | | Procurement Officer immediately upon request. The Chief | 2 | | Procurement Officer shall submit a report to the Governor and | 3 | | General Assembly no later than November 1 of each year that | 4 | | shall include, at a minimum, an annual summary of the monthly | 5 | | information reported to the Chief Procurement Officer. | 6 | | (d) Except as provided in this subsection (d), the | 7 | | provisions of this Code shall not apply to contracts for | 8 | | FDA-regulated supplies and to contracts for medical services | 9 | | necessary for the delivery of care and treatment at medical, | 10 | | dental, or veterinary teaching facilities utilized by Southern | 11 | | Illinois University or the University of Illinois. Other | 12 | | supplies and services needed for these teaching facilities | 13 | | shall be subject to the jurisdiction of the Chief Procurement | 14 | | Officer for Public Institutions of Higher Education, who may | 15 | | establish expedited procurement procedures and may waive or | 16 | | modify certification, contract, hearing, process, and | 17 | | registration requirements required by this Code. All | 18 | | procurements made under this subsection (d) shall be documented | 19 | | and may require publication in the Illinois Procurement | 20 | | Bulletin. | 21 | | (e) Procurements made by or on behalf of public | 22 | | institutions of higher education for either of the following | 23 | | shall be made in accordance with the requirements of this Code | 24 | | to the extent practical as provided in this subsection (e): | 25 | | (1) Contracts with a foreign entity necessary for | 26 | | research or educational activities, provided that the |
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| 1 | | foreign entity either does not maintain an office in the | 2 | | United States or is the sole source of the service or | 3 | | product. | 4 | | (2) Procurements required for fulfillment of a grant. | 5 | | Upon the written request of a public institution of higher | 6 | | education, the Chief Procurement Officer may waive | 7 | | registration, certification, and hearing requirements of this | 8 | | Code if, based on the item to be procured or the terms of a | 9 | | grant, compliance is impractical. The public institution of | 10 | | higher education shall provide the Chief Procurement Officer | 11 | | with specific reasons for the waiver, including the necessity | 12 | | of contracting with a particular potential contractor, and | 13 | | shall certify that an effort was made in good faith to comply | 14 | | with the provisions of this Code. The Chief Procurement Officer | 15 | | shall provide written justification for any waivers. By | 16 | | November 1 of each year, the Chief Procurement Officer shall | 17 | | file a report with the General Assembly identifying each | 18 | | contract approved with waivers and providing the justification | 19 | | given for any waivers for each of those contracts. Notice of | 20 | | each waiver made under this subsection (e) shall be published | 21 | | in the Procurement Bulletin within 14 calendar days after | 22 | | contract execution. The Chief Procurement Officer shall | 23 | | prescribe the form and content of the notice. | 24 | | (f) Notwithstanding this Section, a waiver of the | 25 | | registration requirements of Section 20-160 does not permit a | 26 | | business entity and any affiliated entities or affiliated |
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| 1 | | persons to make campaign contributions if otherwise prohibited | 2 | | by Section 50-37. The total amount of contracts awarded in | 3 | | accordance with this Section shall be included in determining | 4 | | the aggregate amount of contracts or pending bids of a business | 5 | | entity and any affiliated entities or affiliated persons. | 6 | | (g) Notwithstanding subsection (e) of Section 50-10.5 of | 7 | | this Code, the Chief Procurement Officer, with the approval of | 8 | | the Executive Ethics Commission, may permit a public | 9 | | institution of higher education to accept a bid or enter into a | 10 | | contract with a business that assisted the public institution | 11 | | of higher education in determining whether there is a need for | 12 | | a contract or assisted in reviewing, drafting, or preparing | 13 | | documents related to a bid or contract, provided that the bid | 14 | | or contract is essential to research administered by the public | 15 | | institution of higher education and it is in the best interest | 16 | | of the public institution of higher education to accept the bid | 17 | | or contract. For purposes of this subsection (g), "business" | 18 | | includes all individuals with whom a business is affiliated, | 19 | | including, but not limited to, any officer, agent, employee, | 20 | | consultant, independent contractor, director, partner, | 21 | | manager, or shareholder of a business. The Executive Ethics | 22 | | Commission may adopt rules for the implementation and | 23 | | administration of the provisions of this subsection (g). | 24 | | (h) This Section is repealed on December 31, 2016. | 25 | | Section 10. The Southern Illinois University Management |
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| 1 | | Act is amended by changing Sections 2, 4, and 5 as follows:
| 2 | | (110 ILCS 520/2) (from Ch. 144, par. 652)
| 3 | | Sec. 2.
The Board shall consist of 7 members appointed by | 4 | | the Governor, by
and with the advice and consent of the Senate, | 5 | | the Superintendent of Public
Instruction, or his chief | 6 | | assistant for liaison with higher education when
designated to | 7 | | serve in his place, ex-officio, and one voting student member | 8 | | chosen
designated by the Governor from each one campus of the | 9 | | University and one nonvoting
student member from the campus of | 10 | | the University not represented by the voting
student member . | 11 | | The Governor shall designate one of the student members
serving | 12 | | on the Board to serve as the voting student member. Each | 13 | | student
member shall be chosen by the respective campuses of | 14 | | Southern Illinois
University at Carbondale and Edwardsville. | 15 | | The method of choosing these
student members shall be by | 16 | | campus-wide student election , and any student
designated by the | 17 | | Governor to be a voting student member shall be one of the
| 18 | | students chosen by this method . The student members shall serve | 19 | | terms of one
year beginning on July 1 of each year, except that | 20 | | the student members
initially selected shall serve a term | 21 | | beginning on the date of such selection
and expiring on the | 22 | | next succeeding June 30. To be eligible for selection as
a | 23 | | student member and to be eligible to remain as a voting or | 24 | | nonvoting student
member of the Board, a student member must be | 25 | | a resident of this State, must
have and maintain a grade point |
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| 1 | | average that is equivalent to at least 2.5
on a 4.0 scale, and | 2 | | must be a full time student enrolled at all times during
his or | 3 | | her term of office except for that part of the term which | 4 | | follows
the completion of the last full regular semester of an | 5 | | academic year and
precedes the first full regular semester of | 6 | | the succeeding academic year at
the university (sometimes | 7 | | commonly referred to as the summer session or summer
school). | 8 | | If a voting or nonvoting student member serving on the Board | 9 | | fails
to continue to meet or maintain the residency, minimum | 10 | | grade point average, or
enrollment requirement established by | 11 | | this Section, his or her membership on
the Board shall be | 12 | | deemed to have terminated by operation of law. No more than
4 | 13 | | of the members appointed by the Governor shall be affiliated | 14 | | with the same
political party. Each member appointed by the | 15 | | Governor must be a resident of
this State. A failure to meet or | 16 | | maintain this residency requirement
constitutes a resignation | 17 | | from and creates a vacancy in the Board. Upon the
expiration of | 18 | | the terms of members appointed by the Governor, their | 19 | | respective
successors shall be appointed for terms of 6 years | 20 | | from the third Monday in
January of each odd-numbered year and | 21 | | until their respective successors are
appointed for like terms. | 22 | | If the Senate is not in session appointments shall
be made as | 23 | | in the case of vacancies.
| 24 | | (Source: P.A. 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; 92-16, | 25 | | eff.
6-28-01 .)
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| 1 | | (110 ILCS 520/4) (from Ch. 144, par. 654)
| 2 | | Sec. 4. Members of the Board shall serve without | 3 | | compensation but
shall be entitled to reasonable amounts for | 4 | | expenses necessarily incurred
in the performance of their | 5 | | duties. Such expenses incurred by any non-voting
student member | 6 | | may, at the discretion of the Chairman of the Board, be | 7 | | provided
for by advance payment to such member, who shall | 8 | | account therefor to the
Board immediately after each meeting.
| 9 | | No member of the Board shall hold or be employed in or | 10 | | appointed
to any office or place under the authority of the | 11 | | Board, nor shall
any member of the Board be directly or | 12 | | indirectly
interested in any contract made by the Board, nor | 13 | | shall
he be an employee of the State Government. This section
| 14 | | does not prohibit the student members of the Board from | 15 | | maintaining
normal and official status as enrolled students or | 16 | | normal student
employment at Southern Illinois University.
| 17 | | (Source: P.A. 93-1096, eff. 1-1-06 .)
| 18 | | (110 ILCS 520/5) (from Ch. 144, par. 655)
| 19 | | Sec. 5.
Members of the Board shall elect annually by secret | 20 | | ballot from
their own number a chairman who shall preside over | 21 | | meetings of the Board and
a secretary.
| 22 | | Meetings of the Board shall be held at least once each | 23 | | quarter on a campus
of Southern Illinois University. At all | 24 | | regular meetings of the Board, a
majority of its voting members | 25 | | shall constitute a quorum. The student members
shall have all |
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| 1 | | of the privileges of membership, including the right to make | 2 | | and
second motions and to attend executive sessions and , other | 3 | | than the right to vote,
except that the student member | 4 | | designated
by the Governor as the voting student member shall | 5 | | have the right to vote on
all Board matters except those | 6 | | involving faculty tenure, faculty promotion or
any issue on | 7 | | which the student member has a direct conflict of interest. A
| 8 | | student member who is not entitled to vote on a measure at a | 9 | | meeting
of the Board or any of its committees shall not be | 10 | | considered a member for the
purpose of determining whether a | 11 | | quorum is present at the time that measure is
voted upon. No | 12 | | action of
the Board shall be invalidated by reason of any | 13 | | vacancies on the Board,
or by reason of any failure to select a | 14 | | student member.
| 15 | | Special meetings of the Board may be called by the chairman | 16 | | of the Board
or by any 3 members of the Board.
| 17 | | At each regular and special meeting that is open to the | 18 | | public, members of
the public and employees of the University | 19 | | shall be afforded time, subject to
reasonable constraints, to | 20 | | make comments to or ask questions of the Board.
| 21 | | (Source: P.A. 91-715, eff. 1-1-01; 91-778, eff. 1-1-01; 92-16, | 22 | | eff.
6-28-01.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law. |
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