Full Text of SB0222 100th General Assembly
SB0222sam002 100TH GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 4/25/2017
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| 1 | | AMENDMENT TO SENATE BILL 222
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 222 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.878 as follows: | 6 | | (30 ILCS 105/5.878 new) | 7 | | Sec. 5.878. The Illinois Excellence Fund. | 8 | | Section 10. The Illinois Procurement Code is amended by | 9 | | reenacting and changing Section 1-13, by changing Sections | 10 | | 1-10, 1-15.20, 1-15.93, 1-15.107, 5-30, 20-20, 20-43, 20-80, | 11 | | 20-160, 30-30, 35-30, and 40-25, and by adding Sections 1-13.1 | 12 | | and 1-15.46 as follows:
| 13 | | (30 ILCS 500/1-10)
| 14 | | Sec. 1-10. Application.
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| 1 | | (a) This Code applies only to procurements for which | 2 | | bidders, offerors, potential contractors, or contractors were | 3 | | first
solicited on or after July 1, 1998. This Code shall not | 4 | | be construed to affect
or impair any contract, or any provision | 5 | | of a contract, entered into based on a
solicitation prior to | 6 | | the implementation date of this Code as described in
Article | 7 | | 99, including but not limited to any covenant entered into with | 8 | | respect
to any revenue bonds or similar instruments.
All | 9 | | procurements for which contracts are solicited between the | 10 | | effective date
of Articles 50 and 99 and July 1, 1998 shall be | 11 | | substantially in accordance
with this Code and its intent.
| 12 | | (b) This Code shall apply regardless of the source of the | 13 | | funds with which
the contracts are paid, including federal | 14 | | assistance moneys.
This Code shall
not apply to:
| 15 | | (1) Contracts between the State and its political | 16 | | subdivisions or other
governments, or between State | 17 | | governmental bodies except as specifically
provided in | 18 | | this Code.
| 19 | | (2) Grants, except for the filing requirements of | 20 | | Section 20-80.
| 21 | | (3) Purchase of care.
| 22 | | (4) Hiring of an individual as employee and not as an | 23 | | independent
contractor, whether pursuant to an employment | 24 | | code or policy or by contract
directly with that | 25 | | individual.
| 26 | | (5) Collective bargaining contracts.
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| 1 | | (6) (Blank). Purchase of real estate, except that | 2 | | notice of this type of contract with a value of more than | 3 | | $25,000 must be published in the Procurement Bulletin | 4 | | within 10 calendar days after the deed is recorded in the | 5 | | county of jurisdiction. The notice shall identify the real | 6 | | estate purchased, the names of all parties to the contract, | 7 | | the value of the contract, and the effective date of the | 8 | | contract.
| 9 | | (7) Contracts necessary to prepare for anticipated | 10 | | litigation, enforcement
actions, or investigations, | 11 | | provided
that the chief legal counsel to the Governor shall | 12 | | give his or her prior
approval when the procuring agency is | 13 | | one subject to the jurisdiction of the
Governor, and | 14 | | provided that the chief legal counsel of any other | 15 | | procuring
entity
subject to this Code shall give his or her | 16 | | prior approval when the procuring
entity is not one subject | 17 | | to the jurisdiction of the Governor.
| 18 | | (8) Contracts for
services to Northern Illinois | 19 | | University by a person, acting as
an independent | 20 | | contractor, who is qualified by education, experience, and
| 21 | | technical ability and is selected by negotiation for the | 22 | | purpose of providing
non-credit educational service | 23 | | activities or products by means of specialized
programs | 24 | | offered by the university.
| 25 | | (9) Procurement expenditures by the Illinois | 26 | | Conservation Foundation
when only private funds are used.
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| 1 | | (10) Procurement expenditures by the Illinois Health | 2 | | Information Exchange Authority involving private funds | 3 | | from the Health Information Exchange Fund. "Private funds" | 4 | | means gifts, donations, and private grants. | 5 | | (11) Public-private agreements entered into in | 6 | | accordance with the laws of this State according to the | 7 | | procurement requirements of Section 20 of the | 8 | | Public-Private Partnerships for Transportation Act and | 9 | | design-build agreements entered into according to the | 10 | | procurement requirements of Section 25 of the | 11 | | Public-Private Partnerships for Transportation Act . | 12 | | (12) Contracts for legal, financial, and other | 13 | | professional and artistic services entered into on or | 14 | | before December 31, 2018 by the Illinois Finance Authority | 15 | | in which the State of Illinois is not obligated. Such | 16 | | contracts shall be awarded through a competitive process | 17 | | authorized by the Board of the Illinois Finance Authority | 18 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | 19 | | 50-35, and 50-37 of this Code, as well as the final | 20 | | approval by the Board of the Illinois Finance Authority of | 21 | | the terms of the contract. | 22 | | (13) The provisions of this paragraph (13), other than | 23 | | this sentence, are inoperative on and after January 1, 2019 | 24 | | or 2 years after the effective date of this amendatory Act | 25 | | of the 99th General Assembly, whichever is later. Contracts | 26 | | for services, commodities, and equipment to support the |
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| 1 | | delivery of timely forensic science services in | 2 | | consultation with and subject to the approval of the Chief | 3 | | Procurement Officer as provided in subsection (d) of | 4 | | Section 5-4-3a of the Unified Code of Corrections, except | 5 | | for the requirements of Sections 20-60, 20-65, 20-70, and | 6 | | 20-160 and Article 50 of this Code; however, the Chief | 7 | | Procurement Officer may, in writing with justification, | 8 | | waive any certification required under Article 50 of this | 9 | | Code. For any contracts for services which are currently | 10 | | provided by members of a collective bargaining agreement, | 11 | | the applicable terms of the collective bargaining | 12 | | agreement concerning subcontracting shall be followed. | 13 | | Notwithstanding any other provision of law, contracts | 14 | | entered into under item (12) of this subsection (b) shall be | 15 | | published in the Procurement Bulletin within 14 calendar days | 16 | | after contract execution. The chief procurement officer shall | 17 | | prescribe the form and content of the notice. The Illinois | 18 | | Finance Authority shall provide the chief procurement officer, | 19 | | on a monthly basis, in the form and content prescribed by the | 20 | | chief procurement officer, a report of contracts that are | 21 | | related to the procurement of goods and services identified in | 22 | | item (12) of this subsection (b). At a minimum, this report | 23 | | shall include the name of the contractor, a description of the | 24 | | supply or service provided, the total amount of the contract, | 25 | | the term of the contract, and the exception to the Code | 26 | | utilized. A copy of each of these contracts shall be made |
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| 1 | | available to the chief procurement officer immediately upon | 2 | | request. The chief procurement officer shall submit a report to | 3 | | the Governor and General Assembly no later than November 1 of | 4 | | each year that shall include, at a minimum, an annual summary | 5 | | of the monthly information reported to the chief procurement | 6 | | officer. | 7 | | (c) This Code does not apply to the electric power | 8 | | procurement process provided for under Section 1-75 of the | 9 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 10 | | Utilities Act. | 11 | | (d) Except for Section 20-160 and Article 50 of this Code, | 12 | | and as expressly required by Section 9.1 of the Illinois | 13 | | Lottery Law, the provisions of this Code do not apply to the | 14 | | procurement process provided for under Section 9.1 of the | 15 | | Illinois Lottery Law. | 16 | | (e) This Code does not apply to the process used by the | 17 | | Capital Development Board to retain a person or entity to | 18 | | assist the Capital Development Board with its duties related to | 19 | | the determination of costs of a clean coal SNG brownfield | 20 | | facility, as defined by Section 1-10 of the Illinois Power | 21 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 22 | | the Public Utilities Act, including calculating the range of | 23 | | capital costs, the range of operating and maintenance costs, or | 24 | | the sequestration costs or monitoring the construction of clean | 25 | | coal SNG brownfield facility for the full duration of | 26 | | construction. |
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| 1 | | (f) This Code does not apply to the process used by the | 2 | | Illinois Power Agency to retain a mediator to mediate sourcing | 3 | | agreement disputes between gas utilities and the clean coal SNG | 4 | | brownfield facility, as defined in Section 1-10 of the Illinois | 5 | | Power Agency Act, as required under subsection (h-1) of Section | 6 | | 9-220 of the Public Utilities Act. | 7 | | (g) This Code does not apply to the processes used by the | 8 | | Illinois Power Agency to retain a mediator to mediate contract | 9 | | disputes between gas utilities and the clean coal SNG facility | 10 | | and to retain an expert to assist in the review of contracts | 11 | | under subsection (h) of Section 9-220 of the Public Utilities | 12 | | Act. This Code does not apply to the process used by the | 13 | | Illinois Commerce Commission to retain an expert to assist in | 14 | | determining the actual incurred costs of the clean coal SNG | 15 | | facility and the reasonableness of those costs as required | 16 | | under subsection (h) of Section 9-220 of the Public Utilities | 17 | | Act. | 18 | | (h) This Code does not apply to the process to procure or | 19 | | contracts entered into in accordance with Sections 11-5.2 and | 20 | | 11-5.3 of the Illinois Public Aid Code. | 21 | | (i) Each chief procurement officer may access records | 22 | | necessary to review whether a contract, purchase, or other | 23 | | expenditure is or is not subject to the provisions of this | 24 | | Code, unless such records would be subject to attorney-client | 25 | | privilege. | 26 | | (j) This Code does not apply to the process used by the |
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| 1 | | Capital Development Board to retain an artist or work or works | 2 | | of art as required in Section 14 of the Capital Development | 3 | | Board Act. | 4 | | (k) This Code does not apply to the process to procure | 5 | | contracts, or contracts entered into, by the State Board of | 6 | | Elections or the State Electoral Board for hearing officers | 7 | | appointed pursuant to the Election Code. | 8 | | (Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | 9 | | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | 10 | | 1-1-15; 99-801, eff. 1-1-17 .)
| 11 | | (30 ILCS 500/1-13) | 12 | | (Section scheduled to be repealed on December 31, 2016) | 13 | | Sec. 1-13. Applicability to public institutions of higher | 14 | | education. | 15 | | (a) This Code shall apply to public institutions of higher | 16 | | education, regardless of the source of the funds with which | 17 | | contracts are paid, except as provided in this Section. | 18 | | (b) Except as provided in this Section, this Code shall not | 19 | | apply to procurements made by or on behalf of public | 20 | | institutions of higher education for any of the following: | 21 | | (1) Memberships in professional, academic, research, | 22 | | or athletic organizations on behalf of a public institution | 23 | | of higher education, an employee of a public institution of | 24 | | higher education, or a student at a public institution of | 25 | | higher education. |
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| 1 | | (2) Procurement expenditures for events or activities | 2 | | paid for exclusively by revenues generated by the event or | 3 | | activity, gifts or donations for the event or activity, | 4 | | private grants, or any combination thereof. | 5 | | (3) Procurement expenditures for events or activities | 6 | | for which the use of specific potential contractors is | 7 | | mandated or identified by the sponsor of the event or | 8 | | activity, provided that the sponsor is providing a majority | 9 | | of the funding for the event or activity. | 10 | | (4) Procurement expenditures necessary to provide | 11 | | athletic, artistic , or musical services, performances, | 12 | | events, or productions held at a venue operated by or for a | 13 | | public institution of higher education. | 14 | | (5) Procurement expenditures for periodicals , and | 15 | | books , subscriptions, database licenses, and other | 16 | | publications procured for use by a university library or | 17 | | academic department, except for expenditures related to | 18 | | procuring textbooks for student use or materials for resale | 19 | | or rental. | 20 | | (6) Procurement expenditures for placement of students | 21 | | in externships, practicums, and field experiences , and for | 22 | | medical residencies and rotations. | 23 | | (7) Contracts for programming and broadcast license | 24 | | rights for university-operated radio and television | 25 | | stations. | 26 | | (8) Procurement expenditures necessary to perform |
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| 1 | | sponsored research and other sponsored activities under | 2 | | grants and contracts funded by the sponsor or by sources | 3 | | other than State appropriations. | 4 | | (9) Contracts with a foreign entity for research or | 5 | | educational activities, provided that the foreign entity | 6 | | either does not maintain an office in the United States or | 7 | | is the sole source of the service or product. | 8 | | (10) Procurement of food items for commercial resale on | 9 | | the campus of or at a facility controlled by an institution | 10 | | of higher education. | 11 | | (11) Procurement expenditures for new and used | 12 | | textbooks offered for resale. | 13 | | (12) Procurement expenditures for goods and services | 14 | | provided by national and regional higher education | 15 | | consortium groups pursuant to competitive solicitation | 16 | | where fair pricing is determined. | 17 | | (13) Procurement expenditures for used equipment. | 18 | | (14) Procurement expenditures for investments, | 19 | | banking, custody services, insurance, insurance services, | 20 | | tax services, and debt underwriting. | 21 | | Notice of each contract entered into by a public institution of | 22 | | higher education that is related to the procurement of goods | 23 | | and services identified in items (1) through (14) (7) of this | 24 | | subsection shall be published in the Procurement Bulletin | 25 | | within 14 calendar days after contract execution. The Chief | 26 | | Procurement Officer shall prescribe the form and content of the |
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| 1 | | notice. Each public institution of higher education shall | 2 | | provide the Chief Procurement Officer, on a monthly basis, in | 3 | | the form and content prescribed by the Chief Procurement | 4 | | Officer, a report of contracts that are related to the | 5 | | procurement of goods and services identified in this | 6 | | subsection. At a minimum, this report shall include the name of | 7 | | the contractor, a description of the supply or service | 8 | | provided, the total amount of the contract, the term of the | 9 | | contract, and the exception to the Code utilized. A copy of any | 10 | | or all of these contracts shall be made available to the Chief | 11 | | Procurement Officer immediately upon request. The Chief | 12 | | Procurement Officer shall submit a report to the Governor and | 13 | | General Assembly no later than November 1 of each year that | 14 | | shall include, at a minimum, an annual summary of the monthly | 15 | | information reported to the Chief Procurement Officer. | 16 | | (b-5) Except as provided in this subsection, the provisions | 17 | | of this Code shall not apply to contracts for medical | 18 | | FDA-regulated supplies , and to contracts for medical services | 19 | | necessary for the delivery of care and treatment at medical, | 20 | | dental, or veterinary teaching facilities utilized by Southern | 21 | | Illinois University or the University of Illinois and at any | 22 | | university-operated health care center or dispensary that | 23 | | provides care, treatment, and medications for students, | 24 | | faculty and staff . Other supplies and services needed for these | 25 | | teaching facilities shall be subject to the jurisdiction of the | 26 | | Chief Procurement Officer for Public Institutions of Higher |
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| 1 | | Education who may establish expedited procurement procedures | 2 | | and may waive or modify certification, contract, hearing, | 3 | | process and registration requirements required by the Code. All | 4 | | procurements made under this subsection shall be documented and | 5 | | may require publication in 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) (Blank). Contracts with a foreign entity necessary | 11 | | for 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) (Blank). 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 100th General Assembly | 16 | | manifests the intention of the General Assembly to remove | 17 | | the repeal of Section 1-13 of this Code. | 18 | | (4) Section 1-13 of this Code was originally enacted to | 19 | | protect, promote, and preserve the general welfare. Any | 20 | | construction of Section 1-13 of this Code that results in | 21 | | the repeal of that Section on December 31, 2014 would be | 22 | | inconsistent with the manifest intent of the General | 23 | | Assembly and repugnant to the context of this Code. | 24 | | (b) It is hereby declared to have been the intent of the | 25 | | General Assembly that Section 1-13 of this Code not be subject |
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| 1 | | to repeal on December 31, 2014. | 2 | | (c) Section 1-13 of this Code shall be deemed to have been | 3 | | in continuous effect since December 20, 2011 (the effective | 4 | | date of Public Act 97-643), and it shall continue to be in | 5 | | effect henceforward until it is otherwise lawfully repealed. | 6 | | All previously enacted amendments to Section 1-13 of this Code | 7 | | taking effect on or after December 31, 2014, are hereby | 8 | | validated. | 9 | | (d) All actions taken in reliance on or pursuant to Section | 10 | | 1-13 of this Code by any public institution of higher | 11 | | education, person, or entity are hereby validated. | 12 | | (e) In order to ensure the continuing effectiveness of | 13 | | Section 1-13 of this Code, it is set forth in full and | 14 | | re-enacted by this amendatory Act of the 100th General | 15 | | Assembly. This re-enactment is intended as a continuation of | 16 | | that Section. It is not intended to supersede any amendment to | 17 | | that Section that is enacted by the 100th General Assembly. | 18 | | (f) In this amendatory Act of the 100th General Assembly, | 19 | | the base text of the reenacted Section is set forth as amended | 20 | | by Public Act 98-1076. Striking and underscoring is used only | 21 | | to show changes being made to the base text. | 22 | | (g) Section 1-13 of this Code applies to all procurements | 23 | | made on or before the effective date of this amendatory Act of | 24 | | the 100th General Assembly.
| 25 | | (30 ILCS 500/1-15.20)
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| 1 | | Sec. 1-15.20. Construction ; and construction-related | 2 | | services ; and construction support services .
"Construction" | 3 | | means
building, altering, repairing,
improving, or demolishing | 4 | | any public structure or building, or
making improvements of any | 5 | | kind
to public real property. Construction does not include the
| 6 | | routine operation, routine repair, or
routine maintenance of | 7 | | existing structures, buildings, or real
property.
| 8 | | "Construction-related services" means those services | 9 | | including construction
design, layout, inspection, support, | 10 | | feasibility or location study, research,
development, | 11 | | planning, or other investigative study undertaken by a
| 12 | | construction agency concerning construction or potential | 13 | | construction.
| 14 | | "Construction support" means all equipment, supplies, and | 15 | | services that are necessary to the operation of a construction | 16 | | agency's construction program. "Construction support" does not | 17 | | include construction-related services. | 18 | | (Source: P.A. 90-572, eff. 2-6-98.)
| 19 | | (30 ILCS 500/1-15.46 new) | 20 | | Sec. 1-15.46. Master contract. "Master contract" means a | 21 | | definite quantity, indefinite quantity, or requirements | 22 | | contract awarded in accordance with this Code, against which | 23 | | subsequent orders may be placed to meet the needs of a State | 24 | | purchasing entity. A master contract may be for use by a single | 25 | | State purchasing entity or for multiple State purchasing |
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| 1 | | entities and other entities as authorized under the | 2 | | Governmental Joint Purchasing Act. | 3 | | (30 ILCS 500/1-15.93) | 4 | | (Section scheduled to be repealed on January 1, 2020) | 5 | | Sec. 1-15.93. Single prime. "Single prime" means the | 6 | | design-bid-build procurement delivery method for a building | 7 | | construction project in which the Capital Development Board or | 8 | | a public institution of higher education is the construction | 9 | | agency procuring 2 or more subdivisions of work enumerated in | 10 | | paragraphs (1) through (5) of subsection (a) of Section 30-30 | 11 | | of this Code under a single contract. This Section is repealed | 12 | | on January 1, 2020.
| 13 | | (Source: P.A. 99-257, eff. 8-4-15.) | 14 | | (30 ILCS 500/1-15.107) | 15 | | Sec. 1-15.107. Subcontract. "Subcontract" means a contract | 16 | | between a person and a person who has a contract subject to | 17 | | this Code, pursuant to which the subcontractor provides to the | 18 | | contractor, or, if the contract price exceeds $100,000 $50,000 , | 19 | | another subcontractor, some or all of the goods, services, real | 20 | | property, remuneration, or other monetary forms of | 21 | | consideration that are the subject of the primary contract and | 22 | | includes, among other things, subleases from a lessee of a | 23 | | State agency. For purposes of this Code, a "subcontract" does | 24 | | not include purchases of goods or supplies that are incidental |
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| 1 | | to the performance of a contract by a person who has a contract | 2 | | subject to this Code.
| 3 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .) | 4 | | (30 ILCS 500/5-30) | 5 | | Sec. 5-30. Proposed contracts; Procurement Policy Board. | 6 | | (a) Except as provided in subsection (c), within 14 30 | 7 | | calendar days after notice of the awarding or letting of a | 8 | | contract has appeared in the Procurement Bulletin in accordance | 9 | | with subsection (b) of Section 15-25, the Board may request in | 10 | | writing from the contracting agency and the contracting agency | 11 | | shall promptly, but in no event later than 7 calendar days | 12 | | after receipt of the request, provide to the Board, by | 13 | | electronic or other means satisfactory to the Board, | 14 | | documentation in the possession of the contracting agency | 15 | | concerning the proposed contract. Nothing in this subsection is | 16 | | intended to waive or abrogate any privilege or right of | 17 | | confidentiality authorized by law. | 18 | | (b) No contract subject to this Section may be entered into | 19 | | until the 14-day 30-day period described in subsection (a) has | 20 | | expired, unless the contracting agency requests in writing that | 21 | | the Board waive the period and the Board grants the waiver in | 22 | | writing.
| 23 | | (c) This Section does not apply to (i) contracts entered | 24 | | into under this Code for small and emergency procurements as | 25 | | those procurements are defined in Article 20 and (ii) contracts |
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| 1 | | for professional and artistic services that are nonrenewable, | 2 | | one year or less in duration, and have a value of less than | 3 | | $20,000. If requested in writing by the Board, however, the | 4 | | contracting agency must promptly, but in no event later than 10 | 5 | | calendar days after receipt of the request, transmit to the | 6 | | Board a copy of the contract for an emergency procurement and | 7 | | documentation in the possession of the contracting agency | 8 | | concerning the contract.
| 9 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 10 | | (30 ILCS 500/20-20)
| 11 | | Sec. 20-20. Small purchases.
| 12 | | (a) Amount. Any individual procurement of supplies or
| 13 | | services other than professional
or artistic services, not | 14 | | exceeding $100,000 $10,000 and any procurement of
construction | 15 | | not exceeding $100,000, or any individual procurement of | 16 | | professional or artistic services not exceeding $100,000
| 17 | | $30,000 may be made without competitive sealed bidding.
| 18 | | Procurements shall not be artificially
divided so as to | 19 | | constitute a small purchase under this Section. Any procurement | 20 | | of construction not exceeding $100,000 may be made by an | 21 | | alternative competitive source selection. The construction | 22 | | agency shall establish rules for an alternative competitive | 23 | | source selection process. This Section does not apply to | 24 | | construction-related professional services contracts awarded | 25 | | in accordance with the provisions of the Architectural, |
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| 1 | | Engineering, and Land Surveying Qualifications Based Selection | 2 | | Act.
| 3 | | (b) Adjustment. Each July 1, the small purchase maximum
| 4 | | established in subsection (a)
shall be adjusted for inflation | 5 | | as determined by the Consumer
Price Index for All Urban | 6 | | Consumers as determined by the United States
Department of | 7 | | Labor and rounded to the nearest $100.
| 8 | | (c) Based upon rules proposed by the Board and rules | 9 | | promulgated by the
chief procurement officers, the small | 10 | | purchase maximum established in
subsection
(a) may be modified.
| 11 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 12 | | (30 ILCS 500/20-43) | 13 | | Sec. 20-43. Bidder or offeror authorized to transact | 14 | | business or conduct affairs do business in Illinois. In | 15 | | addition to meeting any other requirement of law or rule, a | 16 | | person (other than an individual acting as a sole proprietor) | 17 | | may qualify as a bidder or offeror under this Code only if the | 18 | | person is a legal entity prior to submitting the bid, offer, or | 19 | | proposal. The legal entity must be authorized to transact | 20 | | business or conduct affairs in Illinois prior to execution of | 21 | | the contract submitting the bid, offer, or proposal .
| 22 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 23 | | (30 ILCS 500/20-80)
| 24 | | Sec. 20-80. Contract files.
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| 1 | | (a) Written determinations. All written determinations
| 2 | | required under this Article shall
be placed in the contract | 3 | | file maintained by the chief procurement officer.
| 4 | | (b) Filing with Comptroller. Whenever a grant, defined | 5 | | pursuant to
accounting standards established by the | 6 | | Comptroller, or a contract
liability,
except for:
(1) contracts | 7 | | paid
from personal services, or
(2) contracts between the State | 8 | | and its
employees to defer
compensation in accordance with | 9 | | Article 24 of the Illinois Pension Code , or (3) contracts paid | 10 | | from non-State appropriations ,
exceeding $20,000 is incurred | 11 | | by any
State agency, a copy of the contract, purchase order, | 12 | | grant, or
lease shall be filed with the
Comptroller within 30 | 13 | | calendar days thereafter. Beginning January 1, 2013, the | 14 | | Comptroller may require that contracts and grants required to | 15 | | be filed with the Comptroller under this Section shall be filed | 16 | | electronically, unless the agency is incapable of filing the | 17 | | contract or grant electronically because it does not possess | 18 | | the necessary technology or equipment. Any agency that is | 19 | | incapable of electronically filing its contracts or grants | 20 | | shall submit a written statement to the Governor and to the | 21 | | Comptroller attesting to the reasons for its inability to | 22 | | comply. This statement shall include a discussion of what the | 23 | | agency needs in order to effectively comply with this Section. | 24 | | Prior to requiring electronic filing, the Comptroller shall | 25 | | consult with the Governor as to the feasibility of establishing | 26 | | mutually agreeable technical standards for the electronic |
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| 1 | | document imaging, storage, and transfer of contracts and | 2 | | grants, taking into consideration the technology available to | 3 | | that agency, best practices, and the technological | 4 | | capabilities of State agencies. Nothing in this amendatory Act | 5 | | of the 97th General Assembly shall be construed to impede the | 6 | | implementation of an Enterprise Resource Planning (ERP) | 7 | | system. For each State contract for goods, supplies, or | 8 | | services awarded on or after July 1, 2010, the contracting | 9 | | agency shall provide the applicable rate and unit of | 10 | | measurement of the goods, supplies, or services on the contract | 11 | | obligation document as required by the Comptroller. If the | 12 | | contract obligation document that is submitted to the | 13 | | Comptroller contains the rate and unit of measurement of the | 14 | | goods, supplies, or services, the Comptroller shall provide | 15 | | that information on his or her official website. Any | 16 | | cancellation or
modification to any such contract
liability | 17 | | shall be filed with the Comptroller within 30 calendar days of
| 18 | | its execution.
| 19 | | (c) Late filing affidavit. When a contract, purchase order, | 20 | | grant,
or lease required to be
filed by this Section has not | 21 | | been filed within 30 calendar days of
execution, the | 22 | | Comptroller shall refuse
to issue a warrant for payment | 23 | | thereunder until the agency files
with the Comptroller the
| 24 | | contract, purchase order, grant, or lease and an affidavit, | 25 | | signed by the
chief executive officer of the
agency or his or | 26 | | her designee, setting forth an explanation of why
the contract |
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| 1 | | liability was not
filed within 30 calendar days of execution. A | 2 | | copy of this affidavit shall
be filed with the Auditor
General.
| 3 | | (d) Timely execution of contracts. No
voucher shall be | 4 | | submitted to the
Comptroller for a warrant to be drawn for the | 5 | | payment of money
from the State treasury or from
other funds | 6 | | held by the State Treasurer on account of any contract unless | 7 | | the
contract is reduced to writing
before the services are | 8 | | performed and filed with the Comptroller. Vendors shall not be | 9 | | paid for any goods that were received or services that were | 10 | | rendered before the contract was reduced to writing and signed | 11 | | by all necessary parties. A chief procurement officer may | 12 | | request an exception to this subsection by submitting a written | 13 | | statement to the Comptroller and Treasurer setting forth the | 14 | | circumstances and reasons why the contract could not be reduced | 15 | | to writing before the supplies were received or services were | 16 | | performed. A waiver of this subsection must be approved by the | 17 | | Comptroller and Treasurer. This Section shall not apply to | 18 | | emergency purchases if notice of the emergency purchase is | 19 | | filed with the Procurement Policy Board and published in the | 20 | | Bulletin as required by this Code.
| 21 | | (e) Method of source selection. When a contract is filed
| 22 | | with the Comptroller under this
Section, the Comptroller's file | 23 | | shall identify the method of
source selection used in obtaining | 24 | | the
contract.
| 25 | | (Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15 .)
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| 1 | | (30 ILCS 500/20-160)
| 2 | | Sec. 20-160. Business entities; certification; | 3 | | registration with the State Board of Elections. | 4 | | (a) For purposes of this Section, the terms "business | 5 | | entity", "contract", "State contract", "contract with a State | 6 | | agency", "State agency", "affiliated entity", and "affiliated | 7 | | person" have the meanings ascribed to those terms in Section | 8 | | 50-37. | 9 | | (b) Every bid and offer submitted to and every contract | 10 | | executed by the State on or after January 1, 2009 (the | 11 | | effective date of Public Act 95-971) and every submission to a | 12 | | vendor portal shall contain (1) a certification by the bidder, | 13 | | offeror, vendor, or contractor that either (i) the bidder, | 14 | | offeror, vendor, or contractor is not required to register as a | 15 | | business entity with the State Board of Elections pursuant to | 16 | | this Section or (ii) the bidder, offeror, vendor, or contractor | 17 | | has registered as a business entity with the State Board of | 18 | | Elections and acknowledges a continuing duty to update the | 19 | | registration and (2) a statement that the contract is voidable | 20 | | under Section 50-60 for the bidder's, offeror's, vendor's, or | 21 | | contractor's failure to comply with this Section. | 22 | | (c) Each business entity (i) whose aggregate bids and | 23 | | proposals on State contracts annually total more than $50,000, | 24 | | (ii) whose aggregate bids and proposals on State contracts | 25 | | combined with the business entity's aggregate annual total | 26 | | value of State contracts exceed $50,000, or (iii) whose |
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| 1 | | contracts with State agencies, in the aggregate, annually total | 2 | | more than $50,000 shall register with the State Board of | 3 | | Elections in accordance with Section 9-35 of the Election Code. | 4 | | A business entity required to register under this subsection | 5 | | due to item (i) or (ii) has a continuing duty to ensure that | 6 | | the registration is accurate during the period beginning on the | 7 | | date of registration and ending on the day after the date the | 8 | | contract is awarded; any change in information must be reported | 9 | | to the State Board of Elections 5 business days following such | 10 | | change or no later than a day before the contract is awarded, | 11 | | whichever date is earlier. A business entity required to | 12 | | register under this subsection due to item (iii) has a | 13 | | continuing duty to ensure that the registration is accurate in | 14 | | accordance with subsection (e). | 15 | | (d) Any business entity, not required under subsection (c) | 16 | | to register, whose aggregate bids and proposals on State | 17 | | contracts annually total more than $50,000, or whose aggregate | 18 | | bids and proposals on State contracts combined with the | 19 | | business entity's aggregate annual total value of State | 20 | | contracts exceed $50,000, shall register with the State Board | 21 | | of Elections in accordance with Section 9-35 of the Election | 22 | | Code prior to submitting to a State agency the bid or proposal | 23 | | whose value causes the business entity to fall within the | 24 | | monetary description of this subsection. A business entity | 25 | | required to register under this subsection has a continuing | 26 | | duty to ensure that the registration is accurate during the |
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| 1 | | period beginning on the date of registration and ending on the | 2 | | day after the date the contract is awarded. Any change in | 3 | | information must be reported to the State Board of Elections | 4 | | within 5 business days following such change or no later than a | 5 | | day before the contract is awarded, whichever date is earlier. | 6 | | (e) A business entity whose contracts with State agencies, | 7 | | in the aggregate, annually total more than $50,000 must | 8 | | maintain its registration under this Section and has a | 9 | | continuing duty to ensure that the registration is accurate for | 10 | | the duration of the term of office of the incumbent | 11 | | officeholder awarding the contracts or for a period of 2 years | 12 | | following the expiration or termination of the contracts, | 13 | | whichever is longer. A business entity, required to register | 14 | | under this subsection, has a continuing duty to report any | 15 | | changes on a quarterly basis to the State Board of Elections | 16 | | within 14 calendar days following the last day of January, | 17 | | April, July, and October of each year. Any update pursuant to | 18 | | this paragraph that is received beyond that date is presumed | 19 | | late and the civil penalty authorized by subsection (e) of | 20 | | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | 21 | | assessed. | 22 | | Also, if a business entity required to register under this | 23 | | subsection has a pending bid or offer, any change in | 24 | | information shall be reported to the State Board of Elections | 25 | | within 7 calendar days following such change or no later than a | 26 | | day before the contract is awarded, whichever date is earlier. |
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| 1 | | (f) A business entity's continuing duty under this Section | 2 | | to ensure the accuracy of its registration includes the | 3 | | requirement that the business entity notify the State Board of | 4 | | Elections of any change in information, including but not | 5 | | limited to changes of affiliated entities or affiliated | 6 | | persons. | 7 | | (g) For any bid or offer for a contract with a State agency | 8 | | by a business entity required to register under this Section, | 9 | | the chief procurement officer may shall verify that the | 10 | | business entity is required to register under this Section and | 11 | | is in compliance with the registration requirements on the date | 12 | | the bid or offer is due. A chief procurement officer shall not | 13 | | accept a bid or offer if the business entity is not in | 14 | | compliance with the registration requirements as of the date | 15 | | bids or offers are due. Upon discovery of noncompliance with | 16 | | this Section, if the bidder or offeror made a good faith effort | 17 | | to comply with registration efforts prior to the date the bid | 18 | | or offer was due, a chief procurement officer may provide the | 19 | | bidder or offeror 5 business days to achieve compliance. The | 20 | | chief procurement officer may extend the time to prove | 21 | | compliance by as long as necessary in the event that there is a | 22 | | failure within the State Board of Elections's registration | 23 | | system. | 24 | | (h) A registration, and any changes to a registration, must | 25 | | include the business entity's verification of accuracy and | 26 | | subjects the business entity to the penalties of the laws of |
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| 1 | | this State for perjury. | 2 | | In addition to any penalty under Section 9-35 of the | 3 | | Election Code, intentional, willful, or material failure to | 4 | | disclose information required for registration shall render | 5 | | the contract, bid, offer, or other procurement relationship | 6 | | voidable by the chief procurement officer if he or she deems it | 7 | | to be in the best interest of the State of Illinois. | 8 | | (i) This Section applies regardless of the method of source | 9 | | selection used in awarding the contract.
| 10 | | (Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12; | 11 | | 98-1076, eff. 1-1-15 .)
| 12 | | (30 ILCS 500/30-30)
| 13 | | Sec. 30-30. Design-bid-build construction. | 14 | | (a) The provisions of this subsection are operative through | 15 | | December 31, 2019. | 16 | | For
building construction contracts in excess of
$250,000, | 17 | | separate specifications may be prepared for all
equipment, | 18 | | labor, and materials in
connection with the following 5 | 19 | | subdivisions of the work to be
performed:
| 20 | | (1) plumbing;
| 21 | | (2) heating, piping, refrigeration, and automatic
| 22 | | temperature control systems,
including the testing and | 23 | | balancing of those systems;
| 24 | | (3) ventilating and distribution systems for
| 25 | | conditioned air, including the testing
and balancing of |
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| 1 | | those systems;
| 2 | | (4) electric wiring; and
| 3 | | (5) general contract work.
| 4 | | The specifications may be so drawn as to permit separate | 5 | | and
independent bidding upon
each of the 5 subdivisions of | 6 | | work. All contracts awarded
for any part thereof may
award the | 7 | | 5 subdivisions of work separately to responsible and
reliable | 8 | | persons, firms, or
corporations engaged in these classes of | 9 | | work. The contracts, at
the discretion of the
construction | 10 | | agency, may be assigned to the successful bidder on
the general | 11 | | contract work or
to the successful bidder on the subdivision of | 12 | | work designated by
the construction agency before
the bidding | 13 | | as the prime subdivision of work, provided that all
payments | 14 | | will be made directly
to the contractors for the 5 subdivisions | 15 | | of work upon compliance
with the conditions of the
contract.
| 16 | | Beginning on the effective date of this amendatory Act of | 17 | | the 99th General Assembly and through December 31, 2019, for | 18 | | single prime projects: (i) the bid of the successful low bidder | 19 | | shall identify the name of the subcontractor, if any, and the | 20 | | bid proposal costs for each of the 5 subdivisions of work set | 21 | | forth in this Section; (ii) the contract entered into with the | 22 | | successful bidder shall provide that no identified | 23 | | subcontractor may be terminated without the written consent of | 24 | | the Capital Development Board; (iii) the contract shall comply | 25 | | with the disadvantaged business practices of the Business | 26 | | Enterprise for Minorities, Females, and Persons with |
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| 1 | | Disabilities Act and the equal employment practices of Section | 2 | | 2-105 of the Illinois Human Rights Act; (iv) the Capital | 3 | | Development Board and public institutions of higher education | 4 | | shall submit a quarterly report to the Procurement Policy Board | 5 | | with information on the general scope, project budget, and | 6 | | established Business Enterprise Program goals for any single | 7 | | prime procurement bid in the previous 3 months with a total | 8 | | construction cost valued at $10,000,000 or less; and (v) the | 9 | | Capital Development Board and public institutions of higher | 10 | | education shall submit an annual report to the General Assembly | 11 | | and Governor on the bidding, award, and performance of all | 12 | | single prime projects. | 13 | | For building construction projects with a total | 14 | | construction cost valued at $5,000,000 or less, the Capital | 15 | | Development Board and public institutions of higher education | 16 | | shall not use the single prime procurement delivery method for | 17 | | more than 50% of the total number of projects bid for each | 18 | | fiscal year. Any project with a total construction cost valued | 19 | | greater than $5,000,000 may be bid using single prime at the | 20 | | discretion of the Executive Director of the Capital Development | 21 | | Board or the president of a public institution of higher | 22 | | education, as applicable . | 23 | | Beginning on the effective date of this amendatory Act of | 24 | | the 99th General Assembly and through December 31, 2017, the | 25 | | Capital Development Board and public institutions of higher | 26 | | education shall, on a weekly basis: review the projects that |
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| 1 | | have been designed, and approved to bid; and, for every fifth | 2 | | determination to use the single prime procurement delivery | 3 | | method for a project under $10,000,000, submit to the | 4 | | Procurement Policy Board a written notice of its intent to use | 5 | | the single prime method on the project. The notice shall | 6 | | include the reasons for using the single prime method and an | 7 | | explanation of why the use of that method is in the best | 8 | | interest of the State. The Capital Development Board or a | 9 | | public institution of higher education, as applicable, shall | 10 | | post the notice on its online procurement webpage and on the | 11 | | online Procurement Bulletin at least 3 business days following | 12 | | submission. The Procurement Policy Board shall review and | 13 | | provide its decision on the use of the single prime method for | 14 | | every fifth use of the single prime procurement delivery method | 15 | | for a project under $10,000,000 within 7 business days of | 16 | | receipt of the notice from the Capital Development Board or the | 17 | | public institution of higher education, as applicable . | 18 | | Approval by the Procurement Policy Board shall not be | 19 | | unreasonably withheld and shall be provided unless the | 20 | | Procurement Policy Board finds that the use of the single prime | 21 | | method is not in the best interest of the State. Any decision | 22 | | by the Procurement Policy Board to disapprove the use of the | 23 | | single prime method shall be made in writing to the Capital | 24 | | Development Board or the public institution of higher | 25 | | education, as applicable , posted on the online Procurement | 26 | | Bulletin, and shall state the reasons why the single prime |
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| 1 | | method was disapproved and why it is not in the best interest | 2 | | of the State. For the requirements under this Section, the | 3 | | Capital Development Board shall have responsibility for only | 4 | | those projects that are managed pursuant to the Capital | 5 | | Development Board Act. | 6 | | (b) The provisions of this subsection are operative on and | 7 | | after January 1, 2020.
For building construction contracts in | 8 | | excess of $250,000, separate specifications shall be prepared | 9 | | for all equipment, labor, and materials in connection with the | 10 | | following 5 subdivisions of the work to be performed: | 11 | | (1) plumbing; | 12 | | (2) heating, piping, refrigeration, and automatic | 13 | | temperature control systems, including the testing and | 14 | | balancing of those systems; | 15 | | (3) ventilating and distribution systems for | 16 | | conditioned air, including the testing and balancing of | 17 | | those systems; | 18 | | (4) electric wiring; and | 19 | | (5) general contract work. | 20 | | The specifications must be so drawn as to permit separate | 21 | | and independent bidding upon each of the 5 subdivisions of | 22 | | work. All contracts awarded for any part thereof shall award | 23 | | the 5 subdivisions of work separately to responsible and | 24 | | reliable persons, firms, or corporations engaged in these | 25 | | classes of work. The contracts, at the discretion of the | 26 | | construction agency, may be assigned to the successful bidder |
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| 1 | | on the general contract work or to the successful bidder on the | 2 | | subdivision of work designated by the construction agency | 3 | | before the bidding as the prime subdivision of work, provided | 4 | | that all payments will be made directly to the contractors for | 5 | | the 5 subdivisions of work upon compliance with the conditions | 6 | | of the contract. | 7 | | (Source: P.A. 98-431, eff. 8-16-13; 98-1076, eff. 1-1-15; | 8 | | 99-257, eff. 8-4-15.)
| 9 | | (30 ILCS 500/35-30) | 10 | | Sec. 35-30. Awards. | 11 | | (a) All State contracts for professional and artistic | 12 | | services, except as
provided in this Section, shall be awarded | 13 | | using the
competitive request for proposal process outlined in | 14 | | this Section. | 15 | | (b) For each contract offered, the chief procurement | 16 | | officer, State
purchasing officer, or his or her designee shall | 17 | | use the appropriate standard
solicitation
forms
available from | 18 | | the chief procurement officer for matters other than | 19 | | construction or the higher
education chief procurement | 20 | | officer. | 21 | | (c) Prepared forms shall be submitted to the chief | 22 | | procurement officer for matters other than construction or the | 23 | | higher education chief procurement officer,
whichever is | 24 | | appropriate, for
publication in its Illinois Procurement | 25 | | Bulletin and circulation to the chief procurement officer for |
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| 1 | | matters other than construction
or the higher education chief | 2 | | procurement officer's list of
prequalified vendors. Notice of | 3 | | the offer or request for
proposal shall appear at least 14 | 4 | | calendar days before the response to the offer is due. | 5 | | (d) All interested respondents shall return their | 6 | | responses to the chief procurement officer for matters other | 7 | | than construction
or the higher education chief procurement | 8 | | officer,
whichever is appropriate, which shall open
and record | 9 | | them. The chief procurement officer for matters other than | 10 | | construction or higher education chief procurement officer
| 11 | | then shall forward the responses, together
with any
information | 12 | | it has available about the qualifications and other State work
| 13 | | of the respondents. | 14 | | (e) After evaluation, ranking, and selection, the | 15 | | responsible chief
procurement officer, State purchasing | 16 | | officer, or
his or her designee shall notify the chief | 17 | | procurement officer for matters other than construction
or the | 18 | | higher education chief procurement officer, whichever is | 19 | | appropriate,
of the successful respondent and shall forward
a | 20 | | copy of the signed contract for the chief procurement officer | 21 | | for matters other than construction or higher education chief
| 22 | | procurement officer's file. The chief procurement officer for | 23 | | matters other than construction or higher education chief
| 24 | | procurement officer shall
publish the names of the
responsible | 25 | | procurement decision-maker,
the agency letting the contract, | 26 | | the
successful respondent, a contract reference, and value of |
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| 1 | | the let contract
in the next appropriate volume of the Illinois | 2 | | Procurement Bulletin. | 3 | | (f) For all professional and artistic contracts with | 4 | | annualized value
that exceeds $100,000 $25,000 , evaluation and | 5 | | ranking by price are required. Any chief
procurement officer or | 6 | | State purchasing officer,
but not their designees, may select a | 7 | | respondent other than the lowest respondent by
price. In any | 8 | | case, when the contract exceeds the $100,000 $25,000 threshold | 9 | | and
the lowest respondent is not selected, the chief | 10 | | procurement officer or the State
purchasing officer shall | 11 | | forward together
with the contract notice of who the low | 12 | | respondent by price was and a written decision as
to why | 13 | | another was selected to the chief procurement officer for | 14 | | matters other than construction or
the higher education chief | 15 | | procurement officer, whichever is appropriate.
The chief | 16 | | procurement officer for matters other than construction or | 17 | | higher education chief procurement officer shall publish as
| 18 | | provided in subsection (e) of Section 35-30,
but
shall include | 19 | | notice of the chief procurement officer's or State purchasing
| 20 | | officer's written decision. | 21 | | (g) The chief procurement officer for matters other than | 22 | | construction and higher education chief
procurement officer | 23 | | may each refine, but not
contradict, this Section by | 24 | | promulgating rules
for submission to the Procurement Policy | 25 | | Board and then to the Joint Committee
on Administrative Rules. | 26 | | Any
refinement shall be based on the principles and procedures |
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| 1 | | of the federal
Architect-Engineer Selection Law, Public Law | 2 | | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | 3 | | Surveying Qualifications Based Selection
Act; except that | 4 | | pricing shall be an integral part of the selection process. | 5 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 6 | | (30 ILCS 500/40-25)
| 7 | | Sec. 40-25. Length of leases.
| 8 | | (a) Maximum term. Leases shall be for a term not to exceed
| 9 | | 10 years inclusive, beginning January, 1, 2010, of proposed | 10 | | contract renewals and shall include
a termination option in | 11 | | favor of the State after 5 years. The duration of any lease for | 12 | | real property entered into by a public institution of higher | 13 | | education that requires a capital improvement in excess of | 14 | | $100,000 as a condition of the lease may exceed 10 years, but | 15 | | not more than 30 years, if the governing board of a public | 16 | | institution of higher education, during a public hearing, | 17 | | determines that a lease in excess of 10 years is required or | 18 | | necessary for the use or benefit of that public institution of | 19 | | higher education and that the lease is in the best interest of | 20 | | the public institution of higher education. On July 1, 2022 and | 21 | | every 5 years thereafter, the capital improvement minimum | 22 | | established in this subsection (a) shall be adjusted for | 23 | | inflation by the chief procurement officer for higher education | 24 | | as determined by the Consumer Price Index for All Urban | 25 | | Consumers as determined by the United States Department of |
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| 1 | | Labor and rounded to the nearest $100.
| 2 | | (b) Renewal. Leases may include a renewal option. An
option | 3 | | to renew may be
exercised only when a State purchasing officer | 4 | | determines in
writing that renewal is in the best
interest of | 5 | | the State and notice of the exercise of the option is published | 6 | | in
the appropriate volume of the Procurement Bulletin at least | 7 | | 60 calendar days prior to
the exercise of the option.
| 8 | | (c) Subject to appropriation. All leases shall recite that
| 9 | | they are subject to termination
and cancellation in any year | 10 | | for which the General Assembly fails
to make an appropriation | 11 | | to
make payments under the terms of the lease.
| 12 | | (d) Holdover. Beginning January 1, 2010, no lease may | 13 | | continue on a month-to-month or other holdover basis for a | 14 | | total of more than 6 months. Beginning July 1, 2010, the | 15 | | Comptroller shall withhold payment of leases beyond this | 16 | | holdover period. | 17 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 18 | | Section 15. The State Property Control Act is amended by | 19 | | changing Sections 1.02, 6.02, 6.04, 7a, and 7.3 as follows:
| 20 | | (30 ILCS 605/1.02) (from Ch. 127, par. 133b3)
| 21 | | Sec. 1.02. "Property" means State owned property and | 22 | | includes all real
estate, with the exception of rights of way | 23 | | for State water resource and
highway improvements, traffic | 24 | | signs and traffic signals, and with the
exception of common |
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| 1 | | school property; and all tangible personal property with
the | 2 | | exception of properties specifically exempted by the | 3 | | administrator,
provided that any property originally | 4 | | classified as real property which
has been detached from its | 5 | | structure shall be classified as personal property.
| 6 | | "Property" does not include property owned by the Illinois | 7 | | Medical District
Commission and leased or occupied by others | 8 | | for purposes permitted under the
Illinois Medical District Act. | 9 | | "Property" also does not include property owned
and held by the | 10 | | Illinois Medical District Commission for redevelopment.
| 11 | | "Property" does not include property described under | 12 | | Section 5 of
Public Act 92-371
with respect to depositing the | 13 | | net proceeds from the sale or exchange of the
property as | 14 | | provided in Section 10 of that Act.
| 15 | | "Property" does not include that property described under | 16 | | Section 5 of Public Act 94-405.
| 17 | | "Property" does not include real property owned or operated | 18 | | by the Illinois Power Agency or any electricity generated on | 19 | | that real property or by the Agency. For purposes of this | 20 | | subsection only, "real property" includes any interest in land, | 21 | | all buildings and improvements located thereon, and all | 22 | | fixtures and equipment used or designed for the production and | 23 | | transmission of electricity located thereon.
| 24 | | "Property" does not include tangible personal property | 25 | | owned by the Board of Trustees of the University of Illinois | 26 | | utilized for purposes permitted under the University of |
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| 1 | | Illinois Act. | 2 | | (Source: P.A. 94-405, eff. 8-2-05; 95-331, eff. 8-21-07; | 3 | | 95-481, eff. 8-28-07.)
| 4 | | (30 ILCS 605/6.02) (from Ch. 127, par. 133b9.2)
| 5 | | Sec. 6.02.
Each responsible officer shall maintain a | 6 | | permanent record of
all items of tangible personal property | 7 | | under his jurisdiction and control, provided the
administrator | 8 | | may exempt tangible personal property of nominal value or in
| 9 | | the nature of consumable supplies, or both; and provided | 10 | | further that
"textbooks" as defined in Section 18-17 of The | 11 | | School Code shall be
exempted by the administrator after those | 12 | | textbooks have been on loan
pursuant to that Section for a | 13 | | period of 5 years or more. The listing shall
include all | 14 | | property being acquired under agreements which are required by
| 15 | | the State Comptroller to be capitalized for inclusion in the | 16 | | statewide
financial statements. Each responsible officer shall | 17 | | submit a listing of the
permanent record at least annually to | 18 | | the administrator in such format as
the administrator shall | 19 | | require. The record may be submitted in either hard
copy or | 20 | | computer readable form. The administrator may require more | 21 | | frequent
submissions when in the opinion of the administrator | 22 | | the agency records are
not sufficiently reliable to justify | 23 | | annual submissions.
| 24 | | (Source: P.A. 85-432; 86-1288.)
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| 1 | | (30 ILCS 605/6.04) (from Ch. 127, par. 133b9.4)
| 2 | | Sec. 6.04.
Annually, and upon at least 30 days notice, the | 3 | | administrator
may require each responsible officer to make, or | 4 | | cause to be made, an
actual physical inventory check of all | 5 | | items of tangible personal property under his
jurisdiction and | 6 | | control and said inventory shall be certified to the
| 7 | | administrator with a full accounting of all errors or | 8 | | exceptions reported
therein.
| 9 | | (Source: Laws 1955, p. 34.)
| 10 | | (30 ILCS 605/7a)
| 11 | | Sec. 7a. Surplus furniture. It is declared to be the public | 12 | | policy of
this State, and the General Assembly determines, that | 13 | | it is in the best
interest of the people of this State to | 14 | | expend the least amount of funds
possible on the purchase of | 15 | | furniture.
| 16 | | Agencies that desire to purchase new furniture shall first | 17 | | check with the
administrator if any of the surplus furniture | 18 | | under the administrator's control
can be used in place of new | 19 | | furniture. If an agency finds that it is unable to
use the | 20 | | surplus property, the agency shall file an affidavit with the
| 21 | | administrator prior to any purchase, specifying the types of | 22 | | new furniture to
be bought, the quantities of each type of new | 23 | | furniture, the cost per type, and
the total cost per category. | 24 | | The affidavit shall also clearly state why the
furniture must | 25 | | be purchased new as opposed to obtained from the |
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| 1 | | administrator's
surplus. The affidavits shall be made | 2 | | available by the administrator for
public inspection and | 3 | | copying.
| 4 | | This Section applies only to the purchase of an item of | 5 | | furniture with a
purchase price of $500 or more.
| 6 | | For the purposes of this Section, "agency" does not include | 7 | | the Board of Trustees of the University of Illinois. | 8 | | (Source: P.A. 88-515; 88-656, eff. 9-16-94.)
| 9 | | (30 ILCS 605/7.3) (from Ch. 127, par. 133b10.3)
| 10 | | Sec. 7.3.
(a) The Administrator shall have charge of all | 11 | | transferable property
and shall have authority to take | 12 | | possession and control of such property
in order to transfer or | 13 | | assign any such property to any other State agency
that has | 14 | | need or use for such property or to dispose of said property in
| 15 | | accordance with Section 7 of this Act.
| 16 | | The Administrator may not dispose of a transferable | 17 | | airplane by sale until
he or she determines that
(i) the agency | 18 | | no longer has a need for the airplane, (ii) the airplane will
| 19 | | not be used as a trade-in on another aircraft, and (iii)
no | 20 | | public university or college in Illinois that
offers courses in | 21 | | aviation, flight training, or other subjects involving
| 22 | | knowledge of the workings of an airplane has listed the need | 23 | | for an airplane as
provided in this Section.
| 24 | | Responsible officers shall periodically report all | 25 | | transferable property
at locations under their jurisdictions |
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| 1 | | to the Administrator. The Administrator
shall review such | 2 | | reports and arrange for physical examination of said property
| 3 | | if necessary to determine if said items of transferable | 4 | | property should
be transferred to another State agency, | 5 | | transferred to a central warehouse,
or disposed of. The | 6 | | Administrator shall advise responsible officers of
the results | 7 | | of these reviews as necessary.
| 8 | | The staff under the jurisdiction of the Administrator shall | 9 | | review as
necessary
State agencies' inventories for potential | 10 | | items of transferable property.
If in the opinion of the | 11 | | Administrator's staff, any property appears to
be | 12 | | transferable, the Administrator shall notify the responsible | 13 | | officer
of his determination. The executive head of the agency | 14 | | holding the property
in question may appeal the determination | 15 | | in writing to the Administrator.
| 16 | | The Administrator will review the determination in | 17 | | accordance with rules
and procedures established pursuant to | 18 | | Section 5 of this Act.
| 19 | | The Administrator shall maintain lists of transferable | 20 | | property and of
State agency needs for such property and will | 21 | | transfer where appropriate listed
transferable property to | 22 | | agencies listing their needs for such property
as detailed by | 23 | | their responsible officers.
The Administrator must give | 24 | | priority for transfer of an airplane, that is not
to be used as | 25 | | a trade-in, to a public
university or college in Illinois that | 26 | | offers courses in aviation, flight
training, or other subjects |
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| 1 | | involving knowledge of the workings of an airplane
and that has | 2 | | listed the need for an airplane.
| 3 | | (b) The Board of Trustees of the University of Illinois | 4 | | shall transfer or assign to the Administrator, for disposition | 5 | | in accordance with subsection (b) of Section 7, any tangible | 6 | | personal property in its possession, custody, or control that | 7 | | would otherwise qualify as transferable property. | 8 | | (Source: P.A. 91-432, eff. 1-1-00.)
| 9 | | Section 20. The University of Illinois Act is amended by | 10 | | adding Sections 100, 105, and 110 as follows: | 11 | | (110 ILCS 305/100 new) | 12 | | Sec. 100. University of Illinois Investment, Performance, | 13 | | and Accountability Commitment. | 14 | | (a) This Section may be referred to as the University of | 15 | | Illinois Investment, Performance, and Accountability | 16 | | Commitment. | 17 | | (b) If the General Assembly appropriates and the State | 18 | | Comptroller makes available to the University an amount for | 19 | | operations that is not less than $647,186,400 for Fiscal Year | 20 | | 2018, then subsections (c), (d), and (e) of this Section apply | 21 | | to the University during Fiscal Year 2018.
If, for any | 22 | | subsequent fiscal year, the General Assembly appropriates | 23 | | before the beginning of that fiscal year and the State | 24 | | Comptroller makes available to the University within 12 months |
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| 1 | | from the effective date of that appropriation an amount for | 2 | | operations that is not less than $647,186,400, increased by a | 3 | | percentage equal to the percentage increase, if any, in the | 4 | | Consumer Price Index for All Urban Consumers (CPI-U) published | 5 | | by the Bureau of Labor Statistics of the United States | 6 | | Department of Labor for the period beginning on January 1, 2018 | 7 | | and ending on the most recent December 31, then subsections | 8 | | (c), (d), and (e) of this Section apply to the University | 9 | | during that fiscal year. | 10 | | (c) In this subsection (c), "mandatory fees" excludes | 11 | | mandatory fees approved by students by referendum. Beginning | 12 | | with the 2018-2019 academic year, the Board of Trustees may not | 13 | | increase the base rate of in-State, undergraduate tuition and | 14 | | mandatory fees by more than the rate of inflation, if any, as | 15 | | measured by the Consumer Price Index for all Urban Consumers | 16 | | (CPI-U) published by the Bureau of Labor Statistics of the | 17 | | United States Department of Labor for the 12 months ending on | 18 | | the previous December 31 above the base rate of in-State, | 19 | | undergraduate tuition and mandatory fees set by the Board of | 20 | | Trustees for an undergraduate academic program in the previous | 21 | | academic year. This subsection (c) does not apply to health | 22 | | insurance fees, fees approved prior to the effective date of | 23 | | this amendatory Act of the 100th General Assembly, or fees | 24 | | approved by a student referendum. | 25 | | (d) For Fiscal Year 2018 and every fiscal year thereafter, | 26 | | the University shall implement the Invest in Illinoisans |
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| 1 | | program to provide to residents of this State $170,000,000 in | 2 | | annual financial aid. A percentage of this financial aid shall | 3 | | be provided annually to Illinois students of historically | 4 | | underrepresented populations. Such students shall include the | 5 | | following: | 6 | | (1) students who are Black or African American, | 7 | | Hispanic or Latino, American Indian or Alaska Native, or | 8 | | Native Hawaiian or Other Pacific Islander; | 9 | | (2) students from counties in this State from which the | 10 | | University of Illinois at Urbana-Champaign campus, the | 11 | | University of Illinois at Chicago campus, and the | 12 | | University of Illinois at Springfield campus combined have | 13 | | enrolled on average 2 or fewer students from the county | 14 | | over the last 3 years; and | 15 | | (3) students from families who are classified as in | 16 | | poverty with an expected family contribution equal to zero. | 17 | | (e) For the 2018-2019 academic year and every academic year | 18 | | thereafter, the University shall achieve performance goals | 19 | | defined by all of the following key performance indicators: | 20 | | (1) The Board of Trustees shall admit as new and | 21 | | transfer students no fewer than 14,000 residents of this | 22 | | State in undergraduate programs at the University of | 23 | | Illinois at Urbana-Champaign campus, 11,800 residents of | 24 | | this State in undergraduate programs at the University of | 25 | | Illinois at Chicago campus, and 1,500 residents of this | 26 | | State in undergraduate programs at the University of |
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| 1 | | Illinois at Springfield campus, provided the requisite | 2 | | number of residents of this State seeking admission to | 3 | | undergraduate programs at the University meet the | 4 | | requirements of Section 8 of this Act. Residents of this | 5 | | State must comprise at least 50%, combined, of any growth | 6 | | in on-campus undergraduate enrollment above the level for | 7 | | the 2015-2016 academic year. | 8 | | (2) The University shall maintain a first-to-second | 9 | | year retention rate in undergraduate programs greater than | 10 | | or equal to a combined 87% at the University of Illinois at | 11 | | Urbana-Champaign campus, the University of Illinois at | 12 | | Chicago campus, and the University of Illinois at | 13 | | Springfield campus. | 14 | | (3) The University shall maintain a 6-year graduation | 15 | | rate for first-time freshmen in undergraduate programs | 16 | | greater than or equal to a combined 72% at the University | 17 | | of Illinois at Urbana-Champaign campus, the University of | 18 | | Illinois at Chicago campus, and the University of Illinois | 19 | | at Springfield campus. | 20 | | For any academic year in which the University does not meet | 21 | | or exceed the key performance indicators listed in this | 22 | | subsection (e), the appropriation required by subsection (b) of | 23 | | this Section for the following fiscal year may be adjusted | 24 | | appropriately by the passage of a joint resolution of the | 25 | | General Assembly. However, any adjustment made under this | 26 | | subsection (e) must not be the basis for any future fiscal year |
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| 1 | | appropriation under subsection (b) of this Section. If an | 2 | | adjustment is made under this subsection (e), the basis for any | 3 | | future fiscal year appropriation under subsection (b) of this | 4 | | Section must be the previous fiscal year in which an adjustment | 5 | | was not made. | 6 | | (f) Beginning September 1, 2018 and every September 1 | 7 | | thereafter, the University shall publish on its website and | 8 | | make publicly available an annual report related to the | 9 | | previous academic and fiscal year at the University of Illinois | 10 | | at Urbana-Champaign campus, at the University of Illinois at | 11 | | Chicago campus, and at the University of Illinois at | 12 | | Springfield campus. The annual report shall include all of the | 13 | | following information: | 14 | | (1) The number of first-time freshmen enrolled. | 15 | | (2) The number of new transfer students enrolled. | 16 | | (3) The number of undergraduates enrolled who are | 17 | | residents of this State. | 18 | | (4) The number of underrepresented minority | 19 | | undergraduate students enrolled. | 20 | | (5) The total undergraduate enrollment. | 21 | | (6) The number of undergraduate degrees issued. | 22 | | (7) The number of graduate degrees issued. | 23 | | (8) The number of professional degrees issued. | 24 | | (9) The total number of degrees issued. | 25 | | (10) The number of science, technology, engineering, | 26 | | and mathematics degrees issued. |
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| 1 | | (11) The direct appropriation per undergraduate | 2 | | degree. | 3 | | (12) The direct appropriation per undergraduate degree | 4 | | issued to a resident of this State. | 5 | | (13) The direct appropriation as a percentage of total | 6 | | expenditures. | 7 | | (14) The number of undergraduate students enrolled in | 8 | | each college of each campus. | 9 | | (15) The number of undergraduate students who are | 10 | | residents of this State enrolled in each college of each | 11 | | campus. | 12 | | (g) The requirements of subsections (c), (d), and (e) of | 13 | | this Section do not apply to the University during any fiscal | 14 | | year in which the General Assembly does not make an | 15 | | appropriation in accordance with subsection (b) of this Section | 16 | | or during any fiscal year in which the State Comptroller fails | 17 | | to make available the amounts required under subsection (b) of | 18 | | this Section. Nothing in this Section is intended to grant to | 19 | | the University a vested, contractual right to a particular | 20 | | level of funding for any fiscal year. | 21 | | (h) This Section is repealed on June 30, 2022. | 22 | | (110 ILCS 305/105 new) | 23 | | Sec. 105. Certificates of participation for capital | 24 | | improvements. | 25 | | (a) For the purposes of this Section, "Commission" means |
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| 1 | | the Commission on Government Forecasting and Accountability. | 2 | | (b) The power of the Board of Trustees to enter into | 3 | | contracts includes the power to enter into financing agreements | 4 | | in connection with the financing of capital improvements, | 5 | | including technology or other related improvements, by selling | 6 | | certificates of participation in the installment payments made | 7 | | under such financing agreements. These financing agreements | 8 | | may be entered into for any period of time less than or equal | 9 | | to 30 years, but not to exceed the useful life of the capital | 10 | | improvement. Nothing in this Section authorizes the Board to | 11 | | incur State debt, as that term is defined in subsection (a) of | 12 | | Section 9 of Article IX of the Constitution of the State of | 13 | | Illinois. | 14 | | (c) Upon determination by the Board to undertake a | 15 | | transaction for the sale of certificates of participation and | 16 | | enter into related financing agreements in connection with the | 17 | | financing of capital improvements, the Board shall adopt a | 18 | | resolution or resolutions describing in a general way the | 19 | | contemplated facilities or a combination thereof designated as | 20 | | the project, the estimated cost thereof, and any additional | 21 | | relevant information. | 22 | | (d) Before issuance of any certificate of participation, | 23 | | the Board or its representatives shall appear before the | 24 | | Commission and present the details of the proposal. This | 25 | | presentation shall include such information as the Commission | 26 | | may request in relation to the proposed certificate of |
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| 1 | | participation issuance. This information shall include, but is | 2 | | not limited to, the amount being financed, the nature of the | 3 | | project being financed, the proposed funding stream to pay for | 4 | | the certificate of participation issuance, the current | 5 | | outstanding indebtedness of the University, and the status of | 6 | | all currently issued certificates of participation. | 7 | | Upon receipt of a request by the University for a | 8 | | certificate of participation presentation, the Commission | 9 | | shall hold a public hearing and, upon adoption by a vote of the | 10 | | majority of appointed members, issue a record of findings in | 11 | | regards to the issuance of the certificate of participation | 12 | | within 60 days after the request. | 13 | | As part of the Commission's considerations and findings, | 14 | | the Commission shall consider the effect the issuance of a | 15 | | certificate of participation shall have on the University's | 16 | | annual debt service and overall fiscal condition. | 17 | | Within the Commission's findings must be a statement in | 18 | | which the Commission makes a recommendation to the University | 19 | | as to proceeding with the certificate of participation | 20 | | issuance. The recommendation shall be either (i) "favorably | 21 | | recommended", (ii) "recommended with concerns", or (iii) | 22 | | "non-support of issuance". | 23 | | The Commission shall report the findings within 15 days | 24 | | after the hearing to all of the following: | 25 | | (1) The Speaker of the House of Representatives. | 26 | | (2) The Minority Leader of the House of |
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| 1 | | Representatives. | 2 | | (3) The President of the Senate. | 3 | | (4) The Minority Leader of the Senate. | 4 | | (5) The Governor's Office of Management and Budget. | 5 | | (6) The President of the University. | 6 | | Upon a finding of "non-support of issuance", the University | 7 | | may not proceed with the issuance of the certificate of | 8 | | participation involved in the finding without the approval of | 9 | | the General Assembly through the adoption of a joint | 10 | | resolution. | 11 | | (e) Upon receipt of the external Auditor General audit | 12 | | report of each year, the University shall file with the | 13 | | Commission a report stating the status of all outstanding | 14 | | certificates of participation the University has issued and a | 15 | | copy of the annual budget as approved by the Board. | 16 | | (f) Each issuance of a certificate of participation shall | 17 | | include within the appropriate documents related to its | 18 | | execution the following statement, which sets forth required | 19 | | limitations in relation to the certificate: | 20 | | "THE BOARD OF TRUSTEES' OBLIGATION TO MAKE INSTALLMENT | 21 | | PAYMENTS DOES NOT CONSTITUTE A DEBT OF THE BOARD OR THE STATE | 22 | | OF ILLINOIS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR | 23 | | STATUTORY LIMITATION. THE INSTALLMENT PAYMENTS REQUIRED UNDER | 24 | | CERTIFICATES OF PARTICIPATION INCURRED BY THE UNIVERSITY ARE | 25 | | NOT SECURED BY THE FULL FAITH AND CREDIT OF THE STATE AND ARE | 26 | | NOT REQUIRED TO BE REPAID AND MAY NOT BE REPAID, DIRECTLY OR |
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| 1 | | INDIRECTLY, FROM TAX REVENUE.". | 2 | | (g) The maximum annual debt service for the University's | 3 | | total certificate of participation obligation must not exceed | 4 | | $100,000,000. | 5 | | (110 ILCS 305/110 new) | 6 | | Sec. 110. Illinois Excellence Program. Subject to | 7 | | appropriation, the Board of Trustees shall establish and | 8 | | administer a program, to be called the Illinois Excellence | 9 | | Program, to recruit and retain promising faculty throughout the | 10 | | University of Illinois system through capital investment in | 11 | | both new and distressed facilities. The Program shall focus on | 12 | | capital investment in facilities designed to attract and retain | 13 | | sought-after faculty to the University of Illinois system. | 14 | | The Illinois Excellence Fund is created as a special fund | 15 | | in the State treasury. All money in the Fund may be used, | 16 | | subject to appropriation, by the Board of Trustees for the | 17 | | administration of the Illinois Excellence Program.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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