Bill Text: IL HB0089 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Creates the Public University Procurement Act. Creates the State University Procurement System, governed by a board consisting of one member appointed by each public university's board of trustees. Requires the System to (1) develop a proposed Procurement Code for Public Universities; (2) implement the Code, in conjunction with each university, after approval by the Joint Committee on Administrative Rules; (3) hire and oversee a full-time Chief Procurement Officer for Public Universities; (4) develop university procurement policies on an ongoing basis; (5) evaluate a university's procurement performance on an ongoing basis; (6) develop an electronic procurement bulletin for the public advertising of all university purchasing opportunities above bid limits; (7) provide sole source hearings for those items in which vendor questions or issues have been raised, with final determinations made by the Chief Procurement Officer; (8) under the Code, require certification to conduct business in this State at the time of an award; and (9) develop diversity goals and a certification process that recognizes higher education's commitment to diversity and to annually publish the results. Provides for an Auditor General audit and report. Repeals the Act on July 1, 2016. Amends the Illinois Procurement Code to provide that from the effective date of the amendatory Act until July 1, 2016, the Code does not apply to public universities in this State. Amends various Acts relating to the governance of public universities in Illinois to provide that no university shall be obligated to comply with (i) any mandate in the Act enacted after the effective date of the amendatory Act or (2) any regulatory mandate promulgated by the Board of Higher Education and adopted by rule. Effective immediately.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0089 Detail]

Download: Illinois-2011-HB0089-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0089 Introduced , by Rep. Chapin Rose SYNOPSIS AS INTRODUCED:
See Index
Creates the Public University Procurement Act. Creates the State University Procurement System, governed by a board consisting of one member appointed by each public university's board of trustees. Requires the System to (1) develop a proposed Procurement Code for Public Universities; (2) implement the Code, in conjunction with each university, after approval by the Joint Committee on Administrative Rules; (3) hire and oversee a full-time Chief Procurement Officer for Public Universities; (4) develop university procurement policies on an ongoing basis; (5) evaluate a university's procurement performance on an ongoing basis; (6) develop an electronic procurement bulletin for the public advertising of all university purchasing opportunities above bid limits; (7) provide sole source hearings for those items in which vendor questions or issues have been raised, with final determinations made by the Chief Procurement Officer; (8) under the Code, require certification to conduct business in this State at the time of an award; and (9) develop diversity goals and a certification process that recognizes higher education's commitment to diversity and to annually publish the results. Provides for an Auditor General audit and report. Repeals the Act on July 1, 2016. Amends the Illinois Procurement Code to provide that from the effective date of the amendatory Act until July 1, 2016, the Code does not apply to public universities in this State. Amends various Acts relating to the governance of public universities in Illinois to provide that no university shall be obligated to comply with (i) any mandate in the Act enacted after the effective date of the amendatory Act or (2) any regulatory mandate promulgated by the Board of Higher Education and adopted by rule. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Public
University Procurement Act.
Section 5. Definitions. In this Act:
"Code" means the Procurement Code for Public Universities.
"System" means the State University Procurement System.
"University" means a public university in this State.
Section 10. System created.
(a) There is created the State University Procurement
System, governed by a board consisting of one member appointed
by each university's board of trustees.
(b) The System shall have all of the following
responsibilities:
(1) To develop a proposed Procurement Code for Public
Universities.
(2) To implement the Code, in conjunction with each
university, after approval under Section 20 of this Act.
(3) To hire, for a term to expire on July 1, 2016, and
oversee a full-time Chief Procurement Officer for Public
Universities, who must be professionally credentialed.

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(4) To develop university procurement policies on an
ongoing basis.
(5) To evaluate a university's procurement performance
on an ongoing basis.
(6) To develop an electronic procurement bulletin for
the public advertising of all university purchasing
opportunities above bid limits.
(7) To provide sole source hearings for those items in
which vendor questions or issues have been raised, with
final determinations made by the Chief Procurement
Officer.
(8) Under the Code, to require certification to conduct
business in this State at the time of an award, including
subcontractors above prescribed levels through a
prequalification process whose results can be accessed by
universities.
(9) To develop diversity goals and a certification
process that recognizes higher education's commitment to
diversity, with goals that are at least as rigorous as the
Business Enterprise for Minorities, Females, and Persons
with Disabilities Act, and to annually publish the results.
Section 15. Chief Procurement Officer duties. The Chief
Procurement Officer for Public Universities shall have both of
the following duties:
(1) To develop and implement the Code in conjunction

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with the System and universities.
(2) To appoint a State procurement officer for each
university, who must, at a minimum, hold a bachelor's
degree and be professionally credentialed within 3 years
after appointment.
Section 20. Approval of Code. The System shall recommend a
proposed Code to the Joint Committee on Administrative Rules
(JCAR). JCAR shall review and approve the Code prior to
implementation. The System must submit to JCAR and JCAR must
approve any changes to the Code, including without limitation
bid thresholds, prior to implementation of those changes.
Section 25. Audit. The Auditor General shall audit each
university's compliance with the Code on or before December 1,
2015 and report its findings and recommendations on cost
avoidance and savings to the General Assembly by filing copies
of its report on or before December 31, 2015 as provided in
Section 3.1 of the General Assembly Organization Act.
Section 85. Expiration. This Act is repealed on July 1,
2016.
Section 90. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:

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(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
contractors were first solicited on or after July 1, 1998. This
Code shall not be construed to affect or impair any contract,
or any provision of a contract, entered into based on a
solicitation prior to the implementation date of this Code as
described in Article 99, including but not limited to any
covenant entered into with respect to any revenue bonds or
similar instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment
code or policy or by contract directly with that

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individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of this
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 7 days after
the deed is recorded in the county of jurisdiction. The
notice shall identify the real estate purchased, the names
of all parties to the contract, the value of the contract,
and the effective date of the contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor shall
give his or her prior approval when the procuring agency is
one subject to the jurisdiction of the Governor, and
provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or her
prior approval when the procuring entity is not one subject
to the jurisdiction of the Governor.
(8) Contracts for services to Northern Illinois
University by a person, acting as an independent
contractor, who is qualified by education, experience, and
technical ability and is selected by negotiation for the
purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(9) Procurement expenditures by the Illinois

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Conservation Foundation when only private funds are used.
(10) Procurement expenditures by the Illinois Health
Information Exchange Authority involving private funds
from the Health Information Exchange Fund. "Private funds"
means gifts, donations, and private grants.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) From the effective date of this amendatory Act of the
97th General Assembly until July 1, 2016, this Code does not
apply to the University of Illinois, Southern Illinois
University, Illinois State University, Eastern Illinois
University, Northern Illinois University, Western Illinois
University, Chicago State University, Governor State
University, and Northeastern Illinois University.
(Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07;
95-876, eff. 8-21-08; 96-840, eff. 12-23-09; 96-1331, eff.
7-27-10.)
Section 100. The University of Illinois Act is amended by

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adding Section 80 as follows:
(110 ILCS 305/80 new)
Sec. 80. Unfunded mandates prohibited.
(a) The University shall not be obligated to comply with
the following types of mandates unless a separate appropriation
has been enacted into law providing full funding for the
mandate for the academic year during which the mandate is
required:
(1) Any mandate in this Act enacted after the effective
date of this amendatory Act of the 97th General Assembly.
(2) Any regulatory mandate promulgated by the Board of
Higher Education and adopted by rule after the effective
date of this amendatory Act of the 97th General Assembly
other than those promulgated with respect to this Section
or statutes already enacted on or before the effective date
of this amendatory Act of the 97th General Assembly.
(b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the University may choose to
discontinue or modify the mandated activity to ensure that the
costs of compliance do not exceed the funding received.
(c) If the University discontinues or modifies a mandated
activity due to lack of full funding from this State, then the
University shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be

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provided to the Board of Higher Education upon request.
Section 105. The Southern Illinois University Management
Act is amended by adding Section 65 as follows:
(110 ILCS 520/65 new)
Sec. 65. Unfunded mandates prohibited.
(a) The University shall not be obligated to comply with
the following types of mandates unless a separate appropriation
has been enacted into law providing full funding for the
mandate for the academic year during which the mandate is
required:
(1) Any mandate in this Act enacted after the effective
date of this amendatory Act of the 97th General Assembly.
(2) Any regulatory mandate promulgated by the Board of
Higher Education and adopted by rule after the effective
date of this amendatory Act of the 97th General Assembly
other than those promulgated with respect to this Section
or statutes already enacted on or before the effective date
of this amendatory Act of the 97th General Assembly.
(b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the University may choose to
discontinue or modify the mandated activity to ensure that the
costs of compliance do not exceed the funding received.
(c) If the University discontinues or modifies a mandated

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activity due to lack of full funding from this State, then the
University shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be
provided to the Board of Higher Education upon request.
Section 110. The Chicago State University Law is amended by
adding Section 5-175 as follows:
(110 ILCS 660/5-175 new)
Sec. 5-175. Unfunded mandates prohibited.
(a) The University shall not be obligated to comply with
the following types of mandates unless a separate appropriation
has been enacted into law providing full funding for the
mandate for the academic year during which the mandate is
required:
(1) Any mandate in this Act enacted after the effective
date of this amendatory Act of the 97th General Assembly.
(2) Any regulatory mandate promulgated by the Board of
Higher Education and adopted by rule after the effective
date of this amendatory Act of the 97th General Assembly
other than those promulgated with respect to this Section
or statutes already enacted on or before the effective date
of this amendatory Act of the 97th General Assembly.
(b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the University may choose to

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discontinue or modify the mandated activity to ensure that the
costs of compliance do not exceed the funding received.
(c) If the University discontinues or modifies a mandated
activity due to lack of full funding from this State, then the
University shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be
provided to the Board of Higher Education upon request.
Section 115. The Eastern Illinois University Law is amended
by adding Section 10-175 as follows:
(110 ILCS 665/10-175 new)
Sec. 10-175. Unfunded mandates prohibited.
(a) The University shall not be obligated to comply with
the following types of mandates unless a separate appropriation
has been enacted into law providing full funding for the
mandate for the academic year during which the mandate is
required:
(1) Any mandate in this Act enacted after the effective
date of this amendatory Act of the 97th General Assembly.
(2) Any regulatory mandate promulgated by the Board of
Higher Education and adopted by rule after the effective
date of this amendatory Act of the 97th General Assembly
other than those promulgated with respect to this Section
or statutes already enacted on or before the effective date
of this amendatory Act of the 97th General Assembly.

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(b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the University may choose to
discontinue or modify the mandated activity to ensure that the
costs of compliance do not exceed the funding received.
(c) If the University discontinues or modifies a mandated
activity due to lack of full funding from this State, then the
University shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be
provided to the Board of Higher Education upon request.
Section 120. The Governors State University Law is amended
by adding Section 15-175 as follows:
(110 ILCS 670/15-175 new)
Sec. 15-175. Unfunded mandates prohibited.
(a) The University shall not be obligated to comply with
the following types of mandates unless a separate appropriation
has been enacted into law providing full funding for the
mandate for the academic year during which the mandate is
required:
(1) Any mandate in this Act enacted after the effective
date of this amendatory Act of the 97th General Assembly.
(2) Any regulatory mandate promulgated by the Board of
Higher Education and adopted by rule after the effective
date of this amendatory Act of the 97th General Assembly

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other than those promulgated with respect to this Section
or statutes already enacted on or before the effective date
of this amendatory Act of the 97th General Assembly.
(b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the University may choose to
discontinue or modify the mandated activity to ensure that the
costs of compliance do not exceed the funding received.
(c) If the University discontinues or modifies a mandated
activity due to lack of full funding from this State, then the
University shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be
provided to the Board of Higher Education upon request.
Section 125. The Illinois State University Law is amended
by adding Section 20-180 as follows:
(110 ILCS 675/20-180 new)
Sec. 20-180. Unfunded mandates prohibited.
(a) The University shall not be obligated to comply with
the following types of mandates unless a separate appropriation
has been enacted into law providing full funding for the
mandate for the academic year during which the mandate is
required:
(1) Any mandate in this Act enacted after the effective
date of this amendatory Act of the 97th General Assembly.

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(2) Any regulatory mandate promulgated by the Board of
Higher Education and adopted by rule after the effective
date of this amendatory Act of the 97th General Assembly
other than those promulgated with respect to this Section
or statutes already enacted on or before the effective date
of this amendatory Act of the 97th General Assembly.
(b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the University may choose to
discontinue or modify the mandated activity to ensure that the
costs of compliance do not exceed the funding received.
(c) If the University discontinues or modifies a mandated
activity due to lack of full funding from this State, then the
University shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be
provided to the Board of Higher Education upon request.
Section 130. The Northeastern Illinois University Law is
amended by adding Section 25-175 as follows:
(110 ILCS 680/25-175 new)
Sec. 25-175. Unfunded mandates prohibited.
(a) The University shall not be obligated to comply with
the following types of mandates unless a separate appropriation
has been enacted into law providing full funding for the
mandate for the academic year during which the mandate is

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required:
(1) Any mandate in this Act enacted after the effective
date of this amendatory Act of the 97th General Assembly.
(2) Any regulatory mandate promulgated by the Board of
Higher Education and adopted by rule after the effective
date of this amendatory Act of the 97th General Assembly
other than those promulgated with respect to this Section
or statutes already enacted on or before the effective date
of this amendatory Act of the 97th General Assembly.
(b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the University may choose to
discontinue or modify the mandated activity to ensure that the
costs of compliance do not exceed the funding received.
(c) If the University discontinues or modifies a mandated
activity due to lack of full funding from this State, then the
University shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be
provided to the Board of Higher Education upon request.
Section 135. The Northern Illinois University Law is
amended by adding Section 30-185 as follows:
(110 ILCS 685/30-185 new)
Sec. 30-185. Unfunded mandates prohibited.
(a) The University shall not be obligated to comply with

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the following types of mandates unless a separate appropriation
has been enacted into law providing full funding for the
mandate for the academic year during which the mandate is
required:
(1) Any mandate in this Act enacted after the effective
date of this amendatory Act of the 97th General Assembly.
(2) Any regulatory mandate promulgated by the Board of
Higher Education and adopted by rule after the effective
date of this amendatory Act of the 97th General Assembly
other than those promulgated with respect to this Section
or statutes already enacted on or before the effective date
of this amendatory Act of the 97th General Assembly.
(b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the University may choose to
discontinue or modify the mandated activity to ensure that the
costs of compliance do not exceed the funding received.
(c) If the University discontinues or modifies a mandated
activity due to lack of full funding from this State, then the
University shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be
provided to the Board of Higher Education upon request.
Section 140. The Western Illinois University Law is amended
by adding Section 35-180 as follows:

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(110 ILCS 690/35-180 new)
Sec. 35-180. Unfunded mandates prohibited.
(a) The University shall not be obligated to comply with
the following types of mandates unless a separate appropriation
has been enacted into law providing full funding for the
mandate for the academic year during which the mandate is
required:
(1) Any mandate in this Act enacted after the effective
date of this amendatory Act of the 97th General Assembly.
(2) Any regulatory mandate promulgated by the Board of
Higher Education and adopted by rule after the effective
date of this amendatory Act of the 97th General Assembly
other than those promulgated with respect to this Section
or statutes already enacted on or before the effective date
of this amendatory Act of the 97th General Assembly.
(b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the University may choose to
discontinue or modify the mandated activity to ensure that the
costs of compliance do not exceed the funding received.
(c) If the University discontinues or modifies a mandated
activity due to lack of full funding from this State, then the
University shall annually maintain and update a list of
discontinued or modified mandated activities. The list shall be
provided to the Board of Higher Education upon request.
Section 999. Effective date. This Act takes effect upon

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becoming law.
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INDEX
Statutes amended in order of appearance