Illinois General Assembly - Full Text of SB1985
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Full Text of SB1985  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Scott M. Bennett


30 ILCS 500/1-13

    Amends the Illinois Procurement Code. Provides that the provisions of the Code shall not apply to procurement expenditures and contracts for investment services by or on behalf of the University of Illinois. Removes prior provisions concerning procurements made by or on behalf of the University of Illinois for investment services.

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SB1985LRB102 15411 RJF 20774 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
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
13not apply 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
17    institution of higher education, an employee of a public
18    institution of higher education, or a student at a public
19    institution of 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
5    majority 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.
4Notice of each contract entered into by a public institution
5of higher education that is related to the procurement of
6goods and services identified in items (1) through (9) of this
7subsection shall be published in the Procurement Bulletin
8within 14 calendar days after contract execution. The Chief
9Procurement Officer shall prescribe the form and content of
10the notice. Each public institution of higher education shall
11provide the Chief Procurement Officer, on a monthly basis, in
12the form and content prescribed by the Chief Procurement
13Officer, a report of contracts that are related to the
14procurement of goods and services identified in this
15subsection. At a minimum, this report shall include the name
16of the contractor, a description of the supply or service
17provided, the total amount of the contract, the term of the
18contract, and the exception to the Code utilized. A copy of any
19or all of these contracts shall be made available to the Chief
20Procurement Officer immediately upon request. The Chief
21Procurement Officer shall submit a report to the Governor and
22General Assembly no later than November 1 of each year that
23shall include, at a minimum, an annual summary of the monthly
24information reported to the Chief Procurement Officer.
25    (b-5) Except as provided in this subsection, the
26provisions of this Code shall not apply to contracts for



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1medical supplies, and to contracts for medical services
2necessary for the delivery of care and treatment at medical,
3dental, or veterinary teaching facilities utilized by Southern
4Illinois University or the University of Illinois and at any
5university-operated health care center or dispensary that
6provides care, treatment, and medications for students,
7faculty and staff. Other supplies and services needed for
8these teaching facilities shall be subject to the jurisdiction
9of the Chief Procurement Officer for Public Institutions of
10Higher Education who may establish expedited procurement
11procedures and may waive or modify certification, contract,
12hearing, process and registration requirements required by the
13Code. All procurements made under this subsection shall be
14documented and may require publication in the Illinois
15Procurement Bulletin.
16    (b-10) The provisions of this Code shall not apply to
17procurement expenditures and contracts for investment services
18by or on behalf of the University of Illinois. Procurements
19made by or on behalf of the University of Illinois for
20investment services scheduled to expire June 2020 may be
21extended through June 2021 without being subject to the
22requirements of this Code. Any contract extended, renewed, or
23entered pursuant to this exception shall be published on the
24Executive Ethics Commission's website within 5 days of
25contract execution. This subsection is inoperative on and
26after July 1, 2021.



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



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1persons to make campaign contributions if otherwise prohibited
2by Section 50-37. The total amount of contracts awarded in
3accordance with this Section shall be included in determining
4the aggregate amount of contracts or pending bids of a
5business entity and any affiliated entities or affiliated
7    (e) Notwithstanding subsection (e) of Section 50-10.5 of
8this Code, the Chief Procurement Officer, with the approval of
9the Executive Ethics Commission, may permit a public
10institution of higher education to accept a bid or enter into a
11contract with a business that assisted the public institution
12of higher education in determining whether there is a need for
13a contract or assisted in reviewing, drafting, or preparing
14documents related to a bid or contract, provided that the bid
15or contract is essential to research administered by the
16public institution of higher education and it is in the best
17interest of the public institution of higher education to
18accept the bid or contract. For purposes of this subsection,
19"business" includes all individuals with whom a business is
20affiliated, including, but not limited to, any officer, agent,
21employee, consultant, independent contractor, director,
22partner, manager, or shareholder of a business. The Executive
23Ethics Commission may promulgate rules and regulations for the
24implementation and administration of the provisions of this
25subsection (e).
26    (f) As used in this Section:



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1    "Grant" means non-appropriated funding provided by a
2federal or private entity to support a project or program
3administered by a public institution of higher education and
4any non-appropriated funding provided to a sub-recipient of
5the grant.
6    "Public institution of higher education" means Chicago
7State University, Eastern Illinois University, Governors State
8University, Illinois State University, Northeastern Illinois
9University, Northern Illinois University, Southern Illinois
10University, University of Illinois, Western Illinois
11University, and, for purposes of this Code only, the Illinois
12Mathematics and Science Academy.
13    (g) (Blank).
14    (h) The General Assembly finds and declares that:
15        (1) Public Act 98-1076, which took effect on January
16    1, 2015, changed the repeal date set for this Section from
17    December 31, 2014 to December 31, 2016.
18        (2) The Statute on Statutes sets forth general rules
19    on the repeal of statutes and the construction of multiple
20    amendments, but Section 1 of that Act also states that
21    these rules will not be observed when the result would be
22    "inconsistent with the manifest intent of the General
23    Assembly or repugnant to the context of the statute".
24        (3) This amendatory Act of the 100th General Assembly
25    manifests the intention of the General Assembly to remove
26    the repeal of this Section.



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1        (4) This Section was originally enacted to protect,
2    promote, and preserve the general welfare. Any
3    construction of this Section that results in the repeal of
4    this Section on December 31, 2014 would be inconsistent
5    with the manifest intent of the General Assembly and
6    repugnant to the context of this Code.
7    It is hereby declared to have been the intent of the
8General Assembly that this Section not be subject to repeal on
9December 31, 2014.
10    This Section shall be deemed to have been in continuous
11effect since December 20, 2011 (the effective date of Public
12Act 97-643), and it shall continue to be in effect
13henceforward until it is otherwise lawfully repealed. All
14previously enacted amendments to this Section taking effect on
15or after December 31, 2014, are hereby validated.
16    All actions taken in reliance on or pursuant to this
17Section by any public institution of higher education, person,
18or entity are hereby validated.
19    In order to ensure the continuing effectiveness of this
20Section, it is set forth in full and re-enacted by this
21amendatory Act of the 100th General Assembly. This
22re-enactment is intended as a continuation of this Section. It
23is not intended to supersede any amendment to this Section
24that is enacted by the 100th General Assembly.
25    In this amendatory Act of the 100th General Assembly, the
26base text of the reenacted Section is set forth as amended by



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1Public Act 98-1076. Striking and underscoring is used only to
2show changes being made to the base text.
3    This Section applies to all procurements made on or before
4the effective date of this amendatory Act of the 100th General
6(Source: P.A. 100-43, eff. 8-9-17; 101-640, eff. 6-12-20.)