HB4215 99TH GENERAL ASSEMBLY

LRB099 12357 NHT 35545 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4215

Introduced , by Rep. Mark Batinick

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 500/1-15.100
30 ILCS 500/1-30

Creates the Illinois College Procurement Reform Act. Allows the governing body of a public university to provide by resolution that the Illinois Procurement Code does not apply to the university as provided in the Illinois Procurement Code. Provides that the Board of Higher Education shall administer the Act and may adopt any rules necessary to implement and administer the Act. Amends the Illinois Procurement Code to provide that "State agency" does not apply to those public universities whose governing bodies have adopted a resolution under the Act. Provides that such universities shall procure their needs in a manner substantially in accordance with the requirements of the Code with respect to emerging businesses.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Illinois College Procurement Reform Act.

Section 5. Definitions. In this Act:

"Board" means the Board of Higher Education.

"Institution" means a public university located in this State.

Section 10. Illinois Procurement Code; applicability. The governing body of an institution may provide by resolution that the Illinois Procurement Code does not apply to the institution as provided in the Illinois Procurement Code.

Section 90. Administration; rulemaking. The Board shall administer this Act. The Board may adopt any rules necessary to implement and administer this Act.

Section 95. The Illinois Procurement Code is amended by changing Sections 1-15.100 and 1-30 as follows:

(30 ILCS 500/1-15.100)

Sec. 1-15.100. State agency. "State agency" means and includes all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the State, created by or in accordance with the constitution or statute, of the executive branch of State government and does include colleges, universities, and institutions under the jurisdiction of the governing boards of 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, Northeastern Illinois University, and the Board of Higher Education. However, this term does not apply to public employee retirement systems or investment boards that are subject to fiduciary duties imposed by the Illinois Pension Code, to those public universities whose governing bodies have adopted a resolution under Section 10 of the Illinois College Procurement Reform Act, or to the University of Illinois Foundation. "State agency" does not include units of local government, school districts, community colleges under the Public Community College Act, and the Illinois Comprehensive Health Insurance Board.

(Source: P.A. 90-572, eff. 2-6-98.)

(30 ILCS 500/1-30)

Sec. 1-30. Applicability to Constitutional Officers and the Legislative and Judicial Branches; Certain Public Universities.

(a) The constitutional officers shall procure their needs in a manner substantially in accordance with the requirements of this Code and shall promulgate rules no less restrictive than the requirements of this Code.

(b) The legislative and judicial branches are exempt from this Code. The legislative and judicial branches shall make procurements in accordance with rules promulgated to meet their needs. Procurement rules promulgated by the legislative and judicial branches may incorporate provisions of this Code.

(c) Those public universities whose governing bodies have adopted a resolution under Section 10 of the Illinois College Procurement Reform Act shall procure their needs in a manner substantially in accordance with the requirements of this Code with respect to emerging businesses.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)