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1    AN ACT concerning State government.
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
5adding Section 1-13 as follows:
6    (30 ILCS 500/1-13 new)
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 not
13apply to procurements made by or on behalf of public
14institutions of higher education for any of the following:
15        (1) Memberships in professional, academic, or athletic
16    organizations on behalf of a public institution of higher
17    education, an employee of a public institution of higher
18    education, or a student at a public institution of higher
19    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 vendors is mandated or
3    identified by the sponsor of the event or activity,
4    provided that the sponsor is providing a majority of the
5    funding for the event or activity.
6        (4) Procurement expenditures necessary to provide
7    artistic or musical services, performances, or productions
8    held at a venue operated by a public institution of higher
9    education.
10        (5) Procurement expenditures for periodicals and books
11    procured for use by a university library or academic
12    department, except for expenditures related to procuring
13    textbooks for student use or materials for resale or
14    rental.
15Notice of each contract entered into by a public institution of
16higher education that is related to the procurement of goods
17and services identified in items (1) through (5) of this
18subsection shall be published in the Procurement Bulletin
19within 14 days after contract execution. The Chief Procurement
20Officer shall prescribe the form and content of the notice.
21Each public institution of higher education shall provide the
22Chief Procurement Officer, on a monthly basis, in the form and
23content prescribed by the Chief Procurement Officer, a report
24of contracts that are related to the procurement of goods and
25services identified in this subsection. At a minimum, this
26report shall include the name of the contractor, a description



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1of the supply or service provided, the total amount of the
2contract, the term of the contract, and the exception to the
3Code utilized. A copy of any or all of these contracts shall be
4made available to the Chief Procurement Officer immediately
5upon request. The Chief Procurement Officer shall submit a
6report to the Governor and General Assembly no later than
7November 1 of each year that shall include, at a minimum, an
8annual summary of the monthly information reported to the Chief
9Procurement Officer.
10    (c) Procurements made by or on behalf of public
11institutions of higher education for any of the following shall
12be made in accordance with the requirements of this Code to the
13extent practical as provided in this subsection:
14        (1) Contracts with a foreign entity necessary for
15    research or educational activities, provided that the
16    foreign entity either does not maintain an office in the
17    United States or is the sole source of the service or
18    product.
19        (2) Procurements of FDA-regulated goods, products, and
20    services necessary for the delivery of care and treatment
21    at medical, dental, or veterinary teaching facilities
22    utilized by the University of Illinois or Southern Illinois
23    University.
24        (3) Contracts for programming and broadcast license
25    rights for university-operated radio and television
26    stations.



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1        (4) Procurements required for fulfillment of a grant.
2    Upon the written request of a public institution of higher
3education, the Chief Procurement Officer may waive
4registration, certification, and hearing requirements of this
5Code if, based on the item to be procured or the terms of a
6grant, compliance is impractical. The public institution of
7higher education shall provide the Chief Procurement Officer
8with specific reasons for the waiver, including the necessity
9of contracting with a particular vendor, and shall certify that
10an effort was made in good faith to comply with the provisions
11of this Code. The Chief Procurement Officer shall provide
12written justification for any waivers. By November 1 of each
13year, the Chief Procurement Officer shall file a report with
14the General Assembly identifying each contract approved with
15waivers and providing the justification given for any waivers
16for each of those contracts. Notice of each waiver made under
17this subsection shall be published in the Procurement Bulletin
18within 14 days after contract execution. The Chief Procurement
19Officer shall prescribe the form and content of the notice.
20    (d) Notwithstanding this Section, a waiver of the
21registration requirements of Section 20-160 does not permit a
22business entity and any affiliated entities or affiliated
23persons to make campaign contributions if otherwise prohibited
24by Section 50-37. The total amount of contracts awarded in
25accordance with this Section shall be included in determining
26the aggregate amount of contracts or pending bids of a business



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1entity and any affiliated entities or affiliated persons.
2    (e) Notwithstanding subsection (e) of Section 50-10.5 of
3this Code, the Chief Procurement Officer, with the approval of
4the Executive Ethics Commission, may permit a public
5institution of higher education to accept a bid or enter into a
6contract with a business that assisted the public institution
7of higher education in determining whether there is a need for
8a contract or assisted in reviewing, drafting, or preparing
9documents related to a bid or contract, provided that the bid
10or contract is essential to research administered by the public
11institution of higher education and it is in the best interest
12of the public institution of higher education to accept the bid
13or contract. For purposes of this subsection, "business"
14includes all individuals with whom a business is affiliated,
15including, but not limited to, any officer, agent, employee,
16consultant, independent contractor, director, partner,
17manager, or shareholder of a business. The Executive Ethics
18Commission may promulgate rules and regulations for the
19implementation and administration of the provisions of this
20subsection (e).
21    (f) As used in this Section:
22    "Grant" means non-appropriated funding provided by a
23federal or private entity to support a project or program
24administered by a public institution of higher education and
25any non-appropriated funding provided to a sub-recipient of the



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1    "Public institution of higher education" means Chicago
2State University, Eastern Illinois University, Governors State
3University, Illinois State University, Northeastern Illinois
4University, Northern Illinois University, Southern Illinois
5University, University of Illinois, and Western Illinois
7    (g) This Section is repealed on December 31, 2014.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.