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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4639 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED:
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| 30 ILCS 500/1-13 | | 30 ILCS 500/1-13.1 new | |
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Amends the Illinois Procurement Code. Re-enacts a provision concerning the applicability of the Illinois Procurement Code to public institutions of higher education. Provides that the Code does not apply to procurements made by or on behalf of public institutions of higher education for supplies or services under an award made by the Midwestern Higher Education Compact for the use of members of the Compact. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Procurement Code is amended by |
| 5 | | re-enacting and changing Section 1-13 and by adding Section |
| 6 | | 1-13.1 as follows:
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| 7 | | (30 ILCS 500/1-13) |
| 8 | | (Section scheduled to be repealed on December 31, 2016) |
| 9 | | Sec. 1-13. Applicability to public institutions of higher |
| 10 | | education. |
| 11 | | (a) This Code shall apply to public institutions of higher |
| 12 | | education, regardless of the source of the funds with which |
| 13 | | contracts are paid, except as provided in this Section. |
| 14 | | (b) Except as provided in this Section, this Code shall not |
| 15 | | apply to procurements made by or on behalf of public |
| 16 | | institutions of higher education for any of the following: |
| 17 | | (1) Memberships in professional, academic, research, |
| 18 | | or athletic organizations on behalf of a public institution |
| 19 | | of higher education, an employee of a public institution of |
| 20 | | higher education, or a student at a public institution of |
| 21 | | higher education. |
| 22 | | (2) Procurement expenditures for events or activities |
| 23 | | paid for exclusively by revenues generated by the event or |
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| 1 | | activity, gifts or donations for the event or activity, |
| 2 | | private grants, or any combination thereof. |
| 3 | | (3) Procurement expenditures for events or activities |
| 4 | | for which the use of specific potential contractors is |
| 5 | | mandated or identified by the sponsor of the event or |
| 6 | | activity, provided that the sponsor is providing a majority |
| 7 | | of the funding for the event or activity. |
| 8 | | (4) Procurement expenditures necessary to provide |
| 9 | | artistic or musical services, performances, or productions |
| 10 | | held at a venue operated by a public institution of higher |
| 11 | | education. |
| 12 | | (5) Procurement expenditures for periodicals and books |
| 13 | | procured for use by a university library or academic |
| 14 | | department, except for expenditures related to procuring |
| 15 | | textbooks for student use or materials for resale or |
| 16 | | rental. |
| 17 | | (6) Procurement expenditures for placement of students |
| 18 | | in externships, practicums, field experiences, and medical |
| 19 | | residencies and rotations. |
| 20 | | (7) Contracts for programming and broadcast license |
| 21 | | rights for university-operated radio and television |
| 22 | | stations. |
| 23 | | (8) Procurement expenditures for supplies or services |
| 24 | | under an award made by the Midwestern Higher Education |
| 25 | | Compact for the use of members of the Compact. |
| 26 | | Notice of each contract entered into by a public institution of |
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| 1 | | higher education that is related to the procurement of goods |
| 2 | | and services identified in items (1) through (8) (7) of this |
| 3 | | subsection shall be published in the Procurement Bulletin |
| 4 | | within 14 calendar days after contract execution. The Chief |
| 5 | | Procurement Officer shall prescribe the form and content of the |
| 6 | | notice. Each public institution of higher education shall |
| 7 | | provide the Chief Procurement Officer, on a monthly basis, in |
| 8 | | the form and content prescribed by the Chief Procurement |
| 9 | | Officer, a report of contracts that are related to the |
| 10 | | procurement of goods and services identified in this |
| 11 | | subsection. At a minimum, this report shall include the name of |
| 12 | | the contractor, a description of the supply or service |
| 13 | | provided, the total amount of the contract, the term of the |
| 14 | | contract, and the exception to the Code utilized. A copy of any |
| 15 | | or all of these contracts shall be made available to the Chief |
| 16 | | Procurement Officer immediately upon request. The Chief |
| 17 | | Procurement Officer shall submit a report to the Governor and |
| 18 | | General Assembly no later than November 1 of each year that |
| 19 | | shall include, at a minimum, an annual summary of the monthly |
| 20 | | information reported to the Chief Procurement Officer. |
| 21 | | (b-5) Except as provided in this subsection, the provisions |
| 22 | | of this Code shall not apply to contracts for FDA-regulated |
| 23 | | supplies, and to contracts for medical services necessary for |
| 24 | | the delivery of care and treatment at medical, dental, or |
| 25 | | veterinary teaching facilities utilized by Southern Illinois |
| 26 | | University or the University of Illinois. Other supplies and |
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| 1 | | services needed for these teaching facilities shall be subject |
| 2 | | to the jurisdiction of the Chief Procurement Officer for Public |
| 3 | | Institutions of Higher Education who may establish expedited |
| 4 | | procurement procedures and may waive or modify certification, |
| 5 | | contract, hearing, process and registration requirements |
| 6 | | required by the Code. All procurements made under this |
| 7 | | subsection shall be documented and may require publication in |
| 8 | | the Illinois Procurement Bulletin. |
| 9 | | (c) Procurements made by or on behalf of public |
| 10 | | institutions of higher education for any of the following shall |
| 11 | | be made in accordance with the requirements of this Code to the |
| 12 | | extent practical as provided in this subsection: |
| 13 | | (1) Contracts with a foreign entity necessary for |
| 14 | | research or educational activities, provided that the |
| 15 | | foreign entity either does not maintain an office in the |
| 16 | | United States or is the sole source of the service or |
| 17 | | product. |
| 18 | | (2) (Blank). |
| 19 | | (3) (Blank). |
| 20 | | (4) Procurements required for fulfillment of a grant. |
| 21 | | Upon the written request of a public institution of higher |
| 22 | | education, the Chief Procurement Officer may waive |
| 23 | | registration, certification, and hearing requirements of this |
| 24 | | Code if, based on the item to be procured or the terms of a |
| 25 | | grant, compliance is impractical. The public institution of |
| 26 | | higher education shall provide the Chief Procurement Officer |
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| 1 | | with specific reasons for the waiver, including the necessity |
| 2 | | of contracting with a particular potential contractor, and |
| 3 | | shall certify that an effort was made in good faith to comply |
| 4 | | with the provisions of this Code. The Chief Procurement Officer |
| 5 | | shall provide written justification for any waivers. By |
| 6 | | November 1 of each year, the Chief Procurement Officer shall |
| 7 | | file a report with the General Assembly identifying each |
| 8 | | contract approved with waivers and providing the justification |
| 9 | | given for any waivers for each of those contracts. Notice of |
| 10 | | each waiver made under this subsection shall be published in |
| 11 | | the Procurement Bulletin within 14 calendar days after contract |
| 12 | | execution. The Chief Procurement Officer shall prescribe the |
| 13 | | form and content of the notice. |
| 14 | | (d) Notwithstanding this Section, a waiver of the |
| 15 | | registration requirements of Section 20-160 does not permit a |
| 16 | | business entity and any affiliated entities or affiliated |
| 17 | | persons to make campaign contributions if otherwise prohibited |
| 18 | | by Section 50-37. The total amount of contracts awarded in |
| 19 | | accordance with this Section shall be included in determining |
| 20 | | the aggregate amount of contracts or pending bids of a business |
| 21 | | entity and any affiliated entities or affiliated persons. |
| 22 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of |
| 23 | | this Code, the Chief Procurement Officer, with the approval of |
| 24 | | the Executive Ethics Commission, may permit a public |
| 25 | | institution of higher education to accept a bid or enter into a |
| 26 | | contract with a business that assisted the public institution |
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| 1 | | of higher education in determining whether there is a need for |
| 2 | | a contract or assisted in reviewing, drafting, or preparing |
| 3 | | documents related to a bid or contract, provided that the bid |
| 4 | | or contract is essential to research administered by the public |
| 5 | | institution of higher education and it is in the best interest |
| 6 | | of the public institution of higher education to accept the bid |
| 7 | | or contract. For purposes of this subsection, "business" |
| 8 | | includes all individuals with whom a business is affiliated, |
| 9 | | including, but not limited to, any officer, agent, employee, |
| 10 | | consultant, independent contractor, director, partner, |
| 11 | | manager, or shareholder of a business. The Executive Ethics |
| 12 | | Commission may promulgate rules and regulations for the |
| 13 | | implementation and administration of the provisions of this |
| 14 | | subsection (e). |
| 15 | | (f) As used in this Section: |
| 16 | | "Grant" means non-appropriated funding provided by a |
| 17 | | federal or private entity to support a project or program |
| 18 | | administered by a public institution of higher education and |
| 19 | | any non-appropriated funding provided to a sub-recipient of the |
| 20 | | grant. |
| 21 | | "Public institution of higher education" means Chicago |
| 22 | | State University, Eastern Illinois University, Governors State |
| 23 | | University, Illinois State University, Northeastern Illinois |
| 24 | | University, Northern Illinois University, Southern Illinois |
| 25 | | University, University of Illinois, Western Illinois |
| 26 | | University, and, for purposes of this Code only, the Illinois |
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| 1 | | Mathematics and Science Academy. |
| 2 | | (g) This Section is repealed on December 31, 2016.
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| 3 | | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; |
| 4 | | 98-1076, eff. 1-1-15.)
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| 5 | | (30 ILCS 500/1-13.1 new) |
| 6 | | Sec. 1-13.1. Continuation of Section 1-13 of this Code; |
| 7 | | validation. |
| 8 | | (a) The General Assembly finds and declares that: |
| 9 | | (1) Public Act 98-1076, which took effect on January 1, |
| 10 | | 2015, changed the repeal date set for Section 1-13 of this |
| 11 | | Code from December 31, 2014 to December 31, 2016. |
| 12 | | (2) The Statute on Statutes sets forth general rules
on |
| 13 | | the repeal of statutes and the construction of multiple |
| 14 | | amendments, but Section 1 of that Act also states that |
| 15 | | these rules will not be observed when the result would be |
| 16 | | "inconsistent with the manifest intent of the General |
| 17 | | Assembly or repugnant to the context of the statute". |
| 18 | | (3) This amendatory Act of the 99th General Assembly |
| 19 | | manifests the intention of the General Assembly to extend |
| 20 | | the repeal of Section 1-13 of this Code and have Section |
| 21 | | 1-13 of this Code continue in effect until December 31, |
| 22 | | 2016. |
| 23 | | (4) Section 1-13 of this Code was originally enacted to |
| 24 | | protect, promote, and preserve the general welfare. Any |
| 25 | | construction of Section 1-13 of this Code that results in |
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| 1 | | the repeal of that Section on December 31, 2014 would be |
| 2 | | inconsistent with the manifest intent of the General |
| 3 | | Assembly and repugnant to the context of this Code. |
| 4 | | (b) It is hereby declared to have been the intent of the |
| 5 | | General Assembly that Section 1-13 of this Code not be subject |
| 6 | | to repeal on December 31, 2014. |
| 7 | | (c) Section 1-13 of this Code shall be deemed to have been |
| 8 | | in continuous effect since December 20, 2011 (the effective |
| 9 | | date of Public Act 97-643), and it shall continue to be in |
| 10 | | effect henceforward until it is otherwise lawfully repealed. |
| 11 | | All previously enacted amendments to Section 1-13 of this Code |
| 12 | | taking effect on or after December 31, 2014, are hereby |
| 13 | | validated. |
| 14 | | (d) All actions taken in reliance on or pursuant to Section |
| 15 | | 1-13 of this Code by any public institution of higher |
| 16 | | education, person, or entity are hereby validated. |
| 17 | | (e) In order to ensure the continuing effectiveness of |
| 18 | | Section 1-13 of this Code, it is set forth in full and |
| 19 | | re-enacted by this amendatory Act of the 99th General Assembly. |
| 20 | | This re-enactment is intended as a continuation of that |
| 21 | | Section. It is not intended to supersede any amendment to that |
| 22 | | Section that is enacted by the 99th General Assembly. |
| 23 | | (f) In this amendatory Act of the 99th General Assembly, |
| 24 | | the base text of the reenacted Section is set forth as amended |
| 25 | | by Public Act 98-1076. Striking and underscoring is used only |
| 26 | | to show changes being made to the base text by this amendatory |