Full Text of HB0170 99th General Assembly
HB0170 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0170 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
| 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. Effective immediately.
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| | A BILL FOR |
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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 | | re-enacting Section 1-13 and by adding Section 1-13.1 as | 6 | | follows: | 7 | | (30 ILCS 500/1-13) | 8 | | (Section scheduled to be repealed on December 31, 2016) | 9 | | Sec. 1-13.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 | | Notice of each contract entered into by a public institution of | 24 | | higher education that is related to the procurement of goods | 25 | | and services identified in items (1) through (7) of this | 26 | | subsection shall be published in the Procurement Bulletin |
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| 1 | | within 14 calendar days after contract execution. The Chief | 2 | | Procurement Officer shall prescribe the form and content of the | 3 | | notice. Each public institution of higher education shall | 4 | | provide the Chief Procurement Officer, on a monthly basis, in | 5 | | the form and content prescribed by the Chief Procurement | 6 | | Officer, a report of contracts that are related to the | 7 | | procurement of goods and services identified in this | 8 | | subsection. At a minimum, this report shall include the name of | 9 | | the contractor, a description of the supply or service | 10 | | provided, the total amount of the contract, the term of the | 11 | | contract, and the exception to the Code utilized. A copy of any | 12 | | or all of these contracts shall be made available to the Chief | 13 | | Procurement Officer immediately upon request. The Chief | 14 | | Procurement Officer shall submit a report to the Governor and | 15 | | General Assembly no later than November 1 of each year that | 16 | | shall include, at a minimum, an annual summary of the monthly | 17 | | information reported to the Chief Procurement Officer. | 18 | | (b-5) Except as provided in this subsection, the provisions | 19 | | of this Code shall not apply to contracts for FDA-regulated | 20 | | supplies, and to contracts for medical services necessary for | 21 | | the delivery of care and treatment at medical, dental, or | 22 | | veterinary teaching facilities utilized by Southern Illinois | 23 | | University or the University of Illinois. Other supplies and | 24 | | services needed for these teaching facilities shall be subject | 25 | | to the jurisdiction of the Chief Procurement Officer for Public | 26 | | Institutions of Higher Education who may establish expedited |
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| 1 | | procurement procedures and may waive or modify certification, | 2 | | contract, hearing, process and registration requirements | 3 | | required by the Code. All procurements made under this | 4 | | subsection shall be documented and may require publication in | 5 | | the Illinois Procurement Bulletin. | 6 | | (c) Procurements made by or on behalf of public | 7 | | institutions of higher education for any of the following shall | 8 | | be made in accordance with the requirements of this Code to the | 9 | | extent practical as provided in this subsection: | 10 | | (1) Contracts with a foreign entity necessary for | 11 | | research or educational activities, provided that the | 12 | | foreign entity either does not maintain an office in the | 13 | | United States or is the sole source of the service or | 14 | | product. | 15 | | (2) (Blank). | 16 | | (3) (Blank). | 17 | | (4) Procurements required for fulfillment of a grant. | 18 | | Upon the written request of a public institution of higher | 19 | | education, the Chief Procurement Officer may waive | 20 | | registration, certification, and hearing requirements of this | 21 | | Code if, based on the item to be procured or the terms of a | 22 | | grant, compliance is impractical. The public institution of | 23 | | higher education shall provide the Chief Procurement Officer | 24 | | with specific reasons for the waiver, including the necessity | 25 | | of contracting with a particular potential contractor, and | 26 | | shall certify that an effort was made in good faith to comply |
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| 1 | | with the provisions of this Code. The Chief Procurement Officer | 2 | | shall provide written justification for any waivers. By | 3 | | November 1 of each year, the Chief Procurement Officer shall | 4 | | file a report with the General Assembly identifying each | 5 | | contract approved with waivers and providing the justification | 6 | | given for any waivers for each of those contracts. Notice of | 7 | | each waiver made under this subsection shall be published in | 8 | | the Procurement Bulletin within 14 calendar days after contract | 9 | | execution. The Chief Procurement Officer shall prescribe the | 10 | | form and content of the notice. | 11 | | (d) Notwithstanding this Section, a waiver of the | 12 | | registration requirements of Section 20-160 does not permit a | 13 | | business entity and any affiliated entities or affiliated | 14 | | persons to make campaign contributions if otherwise prohibited | 15 | | by Section 50-37. The total amount of contracts awarded in | 16 | | accordance with this Section shall be included in determining | 17 | | the aggregate amount of contracts or pending bids of a business | 18 | | entity and any affiliated entities or affiliated persons. | 19 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 20 | | this Code, the Chief Procurement Officer, with the approval of | 21 | | the Executive Ethics Commission, may permit a public | 22 | | institution of higher education to accept a bid or enter into a | 23 | | contract with a business that assisted the public institution | 24 | | of higher education in determining whether there is a need for | 25 | | a contract or assisted in reviewing, drafting, or preparing | 26 | | documents related to a bid or contract, provided that the bid |
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| 1 | | or contract is essential to research administered by the public | 2 | | institution of higher education and it is in the best interest | 3 | | of the public institution of higher education to accept the bid | 4 | | or contract. For purposes of this subsection, "business" | 5 | | includes all individuals with whom a business is affiliated, | 6 | | including, but not limited to, any officer, agent, employee, | 7 | | consultant, independent contractor, director, partner, | 8 | | manager, or shareholder of a business. The Executive Ethics | 9 | | Commission may promulgate rules and regulations for the | 10 | | implementation and administration of the provisions of this | 11 | | subsection (e). | 12 | | (f) As used in this Section: | 13 | | "Grant" means non-appropriated funding provided by a | 14 | | federal or private entity to support a project or program | 15 | | administered by a public institution of higher education and | 16 | | any non-appropriated funding provided to a sub-recipient of the | 17 | | grant. | 18 | | "Public institution of higher education" means Chicago | 19 | | State University, Eastern Illinois University, Governors State | 20 | | University, Illinois State University, Northeastern Illinois | 21 | | University, Northern Illinois University, Southern Illinois | 22 | | University, University of Illinois, Western Illinois | 23 | | University, and, for purposes of this Code only, the Illinois | 24 | | Mathematics and Science Academy. | 25 | | (g) This Section is repealed on December 31, 2016.
| 26 | | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; |
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| 1 | | 98-1076, eff. 1-1-15 .) | 2 | | (30 ILCS 500/1-13.1 new) | 3 | | Sec. 1-13.1. Continuation of Section 1-13 of this Code; | 4 | | validation. | 5 | | (a) The General Assembly finds and declares that: | 6 | | (1) Public Act 98-1076, which took effect on January 1, | 7 | | 2015, changed the repeal date set for Section 1-13 of this | 8 | | Code from December 31, 2014 to December 31, 2016. | 9 | | (2) The Statute on Statutes sets forth general rules
on | 10 | | the repeal of statutes and the construction of multiple | 11 | | amendments, but Section 1 of that Act also states that | 12 | | these rules will not be observed when the result would be | 13 | | "inconsistent with the manifest intent of the General | 14 | | Assembly or repugnant to the context of the statute". | 15 | | (3) This amendatory Act of the 99th General Assembly | 16 | | manifests the intention of the General Assembly to extend | 17 | | the repeal of Section 1-13 of this Code and have Section | 18 | | 1-13 of this Code continue in effect until December 31, | 19 | | 2016. | 20 | | (4) Section 1-13 of this Code was originally enacted to | 21 | | protect, promote, and preserve the general welfare. Any | 22 | | construction of Section 1-13 of this Code that results in | 23 | | the repeal of that Section on December 31, 2014 would be | 24 | | inconsistent with the manifest intent of the General | 25 | | Assembly and repugnant to the context of this Code. |
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| 1 | | (b) It is hereby declared to have been the intent of the | 2 | | General Assembly that Section 1-13 of this Code not be subject | 3 | | to repeal on December 31, 2014. | 4 | | (c) Section 1-13 of this Code shall be deemed to have been | 5 | | in continuous effect since December 20, 2011 (the effective | 6 | | date of Public Act 97-643), and it shall continue to be in | 7 | | effect henceforward until it is otherwise lawfully repealed. | 8 | | All previously enacted amendments to Section 1-13 of this Code | 9 | | taking effect on or after December 31, 2014, are hereby | 10 | | validated. | 11 | | (d) All actions taken in reliance on or pursuant to Section | 12 | | 1-13 of this Code by any public institution of higher | 13 | | education, person, or entity are hereby validated. | 14 | | (e) In order to ensure the continuing effectiveness of | 15 | | Section 1-13 of this Code, it is set forth in full and | 16 | | re-enacted by this amendatory Act of the 99th General Assembly. | 17 | | This re-enactment is intended as a continuation of that | 18 | | Section. It is not intended to supersede any amendment to that | 19 | | Section that is enacted by the 99th General Assembly. | 20 | | (f) In this amendatory Act of the 99th General Assembly, | 21 | | the base text of the reenacted Section is set forth as amended | 22 | | by Public Act 98-1076. Striking and underscoring is used only | 23 | | to show changes being made to the base text. In this instance, | 24 | | no underscoring or striking is shown in the base text because | 25 | | no additional changes are being made. | 26 | | (g) Section 1-13 of this Code applies to all procurements |
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| 1 | | made on or before the effective date of this amendatory Act of | 2 | | the 99th General Assembly.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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