Full Text of SB3397 97th General Assembly
SB3397eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 1-13 as follows: | 6 | | (30 ILCS 500/1-13) | 7 | | (Section scheduled to be repealed on December 31, 2014) | 8 | | Sec. 1-13. Applicability to public institutions of higher | 9 | | education. | 10 | | (a) This Code shall apply to public institutions of higher | 11 | | education, regardless of the source of the funds with which | 12 | | contracts are paid, except as provided in this Section. | 13 | | (b) Except as provided in this Section, this Code shall not | 14 | | apply to procurements made by or on behalf of public | 15 | | institutions of higher education for any of the following: | 16 | | (1) Memberships in professional, academic, or athletic | 17 | | organizations on behalf of a public institution of higher | 18 | | education, an employee of a public institution of higher | 19 | | education, or a student at a public institution of higher | 20 | | education. | 21 | | (2) Procurement expenditures for events or activities | 22 | | paid for exclusively by revenues generated by the event or | 23 | | activity, gifts or donations for the event or activity, |
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| 1 | | private grants, or any combination thereof. | 2 | | (3) Procurement expenditures for events or activities | 3 | | for which the use of specific vendors is mandated or | 4 | | identified by the sponsor of the event or activity, | 5 | | provided that the sponsor is providing a majority of the | 6 | | funding for the event or activity. | 7 | | (4) Procurement expenditures necessary to provide | 8 | | artistic or musical services, performances, or productions | 9 | | held at a venue operated by a public institution of higher | 10 | | education. | 11 | | (5) Procurement expenditures for periodicals and books | 12 | | procured for use by a university library or academic | 13 | | department, except for expenditures related to procuring | 14 | | textbooks for student use or materials for resale or | 15 | | rental. | 16 | | Notice of each contract entered into by a public institution of | 17 | | higher education that is related to the procurement of goods | 18 | | and services identified in items (1) through (5) of this | 19 | | subsection shall be published in the Procurement Bulletin | 20 | | within 14 days after contract execution. The Chief Procurement | 21 | | Officer shall prescribe the form and content of the notice. | 22 | | Each public institution of higher education shall provide the | 23 | | Chief Procurement Officer, on a monthly basis, in the form and | 24 | | content prescribed by the Chief Procurement Officer, a report | 25 | | of contracts that are related to the procurement of goods and | 26 | | services identified in this subsection. At a minimum, this |
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| 1 | | report shall include the name of the contractor, a description | 2 | | of the supply or service provided, the total amount of the | 3 | | contract, the term of the contract, and the exception to the | 4 | | Code utilized. A copy of any or all of these contracts shall be | 5 | | made available to the Chief Procurement Officer immediately | 6 | | upon request. The Chief Procurement Officer shall submit a | 7 | | report to the Governor and General Assembly no later than | 8 | | November 1 of each year that shall include, at a minimum, an | 9 | | annual summary of the monthly information reported to the Chief | 10 | | Procurement Officer. | 11 | | (c) Procurements made by or on behalf of public | 12 | | institutions of higher education for any of the following shall | 13 | | be made in accordance with the requirements of this Code to the | 14 | | extent practical as provided in this subsection: | 15 | | (1) Contracts with a foreign entity necessary for | 16 | | research or educational activities, provided that the | 17 | | foreign entity either does not maintain an office in the | 18 | | United States or is the sole source of the service or | 19 | | product. | 20 | | (2) Procurements of FDA-regulated goods, products, and | 21 | | services necessary for the delivery of care and treatment | 22 | | at medical, dental, or veterinary teaching facilities | 23 | | utilized by the University of Illinois or Southern Illinois | 24 | | University. | 25 | | (3) Contracts for programming and broadcast license | 26 | | rights for university-operated radio and television |
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| 1 | | stations. | 2 | | (4) Procurements required for fulfillment of a grant. | 3 | | Upon the written request of a public institution of higher | 4 | | education, the Chief Procurement Officer may waive | 5 | | registration, certification, and hearing requirements of this | 6 | | Code if, based on the item to be procured or the terms of a | 7 | | grant, compliance is impractical. The public institution of | 8 | | higher education shall provide the Chief Procurement Officer | 9 | | with specific reasons for the waiver, including the necessity | 10 | | of contracting with a particular vendor, and shall certify that | 11 | | an effort was made in good faith to comply with the provisions | 12 | | of this Code. The Chief Procurement Officer shall provide | 13 | | written justification for any waivers. By November 1 of each | 14 | | year, the Chief Procurement Officer shall file a report with | 15 | | the General Assembly identifying each contract approved with | 16 | | waivers and providing the justification given for any waivers | 17 | | for each of those contracts. Notice of each waiver made under | 18 | | this subsection shall be published in the Procurement Bulletin | 19 | | within 14 days after contract execution. The Chief Procurement | 20 | | Officer shall prescribe the form and content of the notice. | 21 | | (d) Notwithstanding this Section, a waiver of the | 22 | | registration requirements of Section 20-160 does not permit a | 23 | | business entity and any affiliated entities or affiliated | 24 | | persons to make campaign contributions if otherwise prohibited | 25 | | by Section 50-37. The total amount of contracts awarded in | 26 | | accordance with this Section shall be included in determining |
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| 1 | | the aggregate amount of contracts or pending bids of a business | 2 | | entity and any affiliated entities or affiliated persons. | 3 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 4 | | this Code, the Chief Procurement Officer, with the approval of | 5 | | the Executive Ethics Commission, may permit a public | 6 | | institution of higher education to accept a bid or enter into a | 7 | | contract with a business that assisted the public institution | 8 | | of higher education in determining whether there is a need for | 9 | | a contract or assisted in reviewing, drafting, or preparing | 10 | | documents related to a bid or contract, provided that the bid | 11 | | or contract is essential to research administered by the public | 12 | | institution of higher education and it is in the best interest | 13 | | of the public institution of higher education to accept the bid | 14 | | or contract. For purposes of this subsection, "business" | 15 | | includes all individuals with whom a business is affiliated, | 16 | | including, but not limited to, any officer, agent, employee, | 17 | | consultant, independent contractor, director, partner, | 18 | | manager, or shareholder of a business. The Executive Ethics | 19 | | Commission may promulgate rules and regulations for the | 20 | | implementation and administration of the provisions of this | 21 | | subsection (e). | 22 | | (f) As used in this Section: | 23 | | "Grant" means non-appropriated funding provided by a | 24 | | federal or private entity to support a project or program | 25 | | administered by a public institution of higher education and | 26 | | any non-appropriated funding provided to a sub-recipient of the |
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| 1 | | grant. | 2 | | "Public institution of higher education" means Chicago | 3 | | State University, Eastern Illinois University, Governors State | 4 | | University, Illinois State University, Northeastern Illinois | 5 | | University, Northern Illinois University, Southern Illinois | 6 | | University, University of Illinois, and Western Illinois | 7 | | University , and, for purposes of this Code only, the Illinois | 8 | | Mathematics and Science Academy . | 9 | | (g) This Section is repealed on December 31, 2014.
| 10 | | (Source: P.A. 97-643, eff. 12-20-11.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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