Bill Text: IL HB0170 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Illinois Procurement Code. Re-enacts a provision concerning the applicability of the Illinois Procurement Code to public institutions of higher education. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed - Dead) 2016-01-07 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0170 Detail]

Download: Illinois-2015-HB0170-Engrossed.html

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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
re-enacting Section 1-13 and by adding Section 1-13.1 as
follows:
(30 ILCS 500/1-13)
(Section scheduled to be repealed on December 31, 2016)
Sec. 1-13. Applicability to public institutions of higher
education.
(a) This Code shall apply to public institutions of higher
education, regardless of the source of the funds with which
contracts are paid, except as provided in this Section.
(b) Except as provided in this Section, this Code shall not
apply to procurements made by or on behalf of public
institutions of higher education for any of the following:
(1) Memberships in professional, academic, research,
or athletic organizations on behalf of a public institution
of higher education, an employee of a public institution of
higher education, or a student at a public institution of
higher education.
(2) Procurement expenditures for events or activities
paid for exclusively by revenues generated by the event or

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activity, gifts or donations for the event or activity,
private grants, or any combination thereof.
(3) Procurement expenditures for events or activities
for which the use of specific potential contractors is
mandated or identified by the sponsor of the event or
activity, provided that the sponsor is providing a majority
of the funding for the event or activity.
(4) Procurement expenditures necessary to provide
artistic or musical services, performances, or productions
held at a venue operated by a public institution of higher
education.
(5) Procurement expenditures for periodicals and books
procured for use by a university library or academic
department, except for expenditures related to procuring
textbooks for student use or materials for resale or
rental.
(6) Procurement expenditures for placement of students
in externships, practicums, field experiences, and medical
residencies and rotations.
(7) Contracts for programming and broadcast license
rights for university-operated radio and television
stations.
Notice of each contract entered into by a public institution of
higher education that is related to the procurement of goods
and services identified in items (1) through (7) of this
subsection shall be published in the Procurement Bulletin

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within 14 calendar days after contract execution. The Chief
Procurement Officer shall prescribe the form and content of the
notice. Each public institution of higher education shall
provide the Chief Procurement Officer, on a monthly basis, in
the form and content prescribed by the Chief Procurement
Officer, a report of contracts that are related to the
procurement of goods and services identified in this
subsection. At a minimum, this report shall include the name of
the contractor, a description of the supply or service
provided, the total amount of the contract, the term of the
contract, and the exception to the Code utilized. A copy of any
or all of these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor and
General Assembly no later than November 1 of each year that
shall include, at a minimum, an annual summary of the monthly
information reported to the Chief Procurement Officer.
(b-5) Except as provided in this subsection, the provisions
of this Code shall not apply to contracts for FDA-regulated
supplies, and to contracts for medical services necessary for
the delivery of care and treatment at medical, dental, or
veterinary teaching facilities utilized by Southern Illinois
University or the University of Illinois. Other supplies and
services needed for these teaching facilities shall be subject
to the jurisdiction of the Chief Procurement Officer for Public
Institutions of Higher Education who may establish expedited

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procurement procedures and may waive or modify certification,
contract, hearing, process and registration requirements
required by the Code. All procurements made under this
subsection shall be documented and may require publication in
the Illinois Procurement Bulletin.
(c) Procurements made by or on behalf of public
institutions of higher education for any of the following shall
be made in accordance with the requirements of this Code to the
extent practical as provided in this subsection:
(1) Contracts with a foreign entity necessary for
research or educational activities, provided that the
foreign entity either does not maintain an office in the
United States or is the sole source of the service or
product.
(2) (Blank).
(3) (Blank).
(4) Procurements required for fulfillment of a grant.
Upon the written request of a public institution of higher
education, the Chief Procurement Officer may waive
registration, certification, and hearing requirements of this
Code if, based on the item to be procured or the terms of a
grant, compliance is impractical. The public institution of
higher education shall provide the Chief Procurement Officer
with specific reasons for the waiver, including the necessity
of contracting with a particular potential contractor, and
shall certify that an effort was made in good faith to comply

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with the provisions of this Code. The Chief Procurement Officer
shall provide written justification for any waivers. By
November 1 of each year, the Chief Procurement Officer shall
file a report with the General Assembly identifying each
contract approved with waivers and providing the justification
given for any waivers for each of those contracts. Notice of
each waiver made under this subsection shall be published in
the Procurement Bulletin within 14 calendar days after contract
execution. The Chief Procurement Officer shall prescribe the
form and content of the notice.
(d) Notwithstanding this Section, a waiver of the
registration requirements of Section 20-160 does not permit a
business entity and any affiliated entities or affiliated
persons to make campaign contributions if otherwise prohibited
by Section 50-37. The total amount of contracts awarded in
accordance with this Section shall be included in determining
the aggregate amount of contracts or pending bids of a business
entity and any affiliated entities or affiliated persons.
(e) Notwithstanding subsection (e) of Section 50-10.5 of
this Code, the Chief Procurement Officer, with the approval of
the Executive Ethics Commission, may permit a public
institution of higher education to accept a bid or enter into a
contract with a business that assisted the public institution
of higher education in determining whether there is a need for
a contract or assisted in reviewing, drafting, or preparing
documents related to a bid or contract, provided that the bid

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or contract is essential to research administered by the public
institution of higher education and it is in the best interest
of the public institution of higher education to accept the bid
or contract. For purposes of this subsection, "business"
includes all individuals with whom a business is affiliated,
including, but not limited to, any officer, agent, employee,
consultant, independent contractor, director, partner,
manager, or shareholder of a business. The Executive Ethics
Commission may promulgate rules and regulations for the
implementation and administration of the provisions of this
subsection (e).
(f) As used in this Section:
"Grant" means non-appropriated funding provided by a
federal or private entity to support a project or program
administered by a public institution of higher education and
any non-appropriated funding provided to a sub-recipient of the
grant.
"Public institution of higher education" means Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Southern Illinois
University, University of Illinois, Western Illinois
University, and, for purposes of this Code only, the Illinois
Mathematics and Science Academy.
(g) This Section is repealed on December 31, 2016.
(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;

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98-1076, eff. 1-1-15.)
(30 ILCS 500/1-13.1 new)
Sec. 1-13.1. Continuation of Section 1-13 of this Code;
validation.
(a) The General Assembly finds and declares that:
(1) Public Act 98-1076, which took effect on January 1,
2015, changed the repeal date set for Section 1-13 of this
Code from December 31, 2014 to December 31, 2016.
(2) The Statute on Statutes sets forth general rules on
the repeal of statutes and the construction of multiple
amendments, but Section 1 of that Act also states that
these rules will not be observed when the result would be
"inconsistent with the manifest intent of the General
Assembly or repugnant to the context of the statute".
(3) This amendatory Act of the 99th General Assembly
manifests the intention of the General Assembly to extend
the repeal of Section 1-13 of this Code and have Section
1-13 of this Code continue in effect until December 31,
2016.
(4) Section 1-13 of this Code was originally enacted to
protect, promote, and preserve the general welfare. Any
construction of Section 1-13 of this Code that results in
the repeal of that Section on December 31, 2014 would be
inconsistent with the manifest intent of the General
Assembly and repugnant to the context of this Code.

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(b) It is hereby declared to have been the intent of the
General Assembly that Section 1-13 of this Code not be subject
to repeal on December 31, 2014.
(c) Section 1-13 of this Code shall be deemed to have been
in continuous effect since December 20, 2011 (the effective
date of Public Act 97-643), and it shall continue to be in
effect henceforward until it is otherwise lawfully repealed.
All previously enacted amendments to Section 1-13 of this Code
taking effect on or after December 31, 2014, are hereby
validated.
(d) All actions taken in reliance on or pursuant to Section
1-13 of this Code by any public institution of higher
education, person, or entity are hereby validated.
(e) In order to ensure the continuing effectiveness of
Section 1-13 of this Code, it is set forth in full and
re-enacted by this amendatory Act of the 99th General Assembly.
This re-enactment is intended as a continuation of that
Section. It is not intended to supersede any amendment to that
Section that is enacted by the 99th General Assembly.
(f) In this amendatory Act of the 99th General Assembly,
the base text of the reenacted Section is set forth as amended
by Public Act 98-1076. Striking and underscoring is used only
to show changes being made to the base text. In this instance,
no underscoring or striking is shown in the base text because
no additional changes are being made.
(g) Section 1-13 of this Code applies to all procurements

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made on or before the effective date of this amendatory Act of
the 99th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.