Full Text of SB3384 101st General Assembly
SB3384sam001 101ST GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 2/27/2020
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| 1 | | AMENDMENT TO SENATE BILL 3384
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3384 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-13 and 40-25 as follows: | 6 | | (30 ILCS 500/1-13) | 7 | | Sec. 1-13. Applicability to public institutions of higher | 8 | | education. | 9 | | (a) This Code shall apply to public institutions of higher | 10 | | education, regardless of the source of the funds with which | 11 | | contracts are paid, except as provided in this Section. | 12 | | (b) Except as provided in this Section, this Code shall not | 13 | | apply to procurements made by or on behalf of public | 14 | | institutions of higher education for any of the following: | 15 | | (1) Memberships in professional, academic, research, | 16 | | or athletic organizations on behalf of a public institution |
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| 1 | | of higher education, an employee of a public institution of | 2 | | higher education, or a student at a public institution of | 3 | | higher education. | 4 | | (2) Procurement expenditures for events or activities | 5 | | paid for exclusively by revenues generated by the event or | 6 | | activity, gifts or donations for the event or activity, | 7 | | private grants, or any combination thereof. | 8 | | (3) Procurement expenditures for events or activities | 9 | | for which the use of specific potential contractors is | 10 | | mandated or identified by the sponsor of the event or | 11 | | activity, provided that the sponsor is providing a majority | 12 | | of the funding for the event or activity. | 13 | | (4) Procurement expenditures necessary to provide | 14 | | athletic, artistic or musical services, performances, | 15 | | events, or productions by or for a public institution of | 16 | | higher education. | 17 | | (5) Procurement expenditures for periodicals, books, | 18 | | subscriptions, database licenses, and other publications | 19 | | procured for use by a university library or academic | 20 | | department, except for expenditures related to procuring | 21 | | textbooks for student use or materials for resale or | 22 | | rental. | 23 | | (6) Procurement expenditures for placement of students | 24 | | in externships, practicums, field experiences, and for | 25 | | medical residencies and rotations. | 26 | | (7) Contracts for programming and broadcast license |
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| 1 | | rights for university-operated radio and television | 2 | | stations. | 3 | | (8) Procurement expenditures necessary to perform | 4 | | sponsored research and other sponsored activities under | 5 | | grants and contracts funded by the sponsor or by sources | 6 | | other than State appropriations. | 7 | | (9) Contracts with a foreign entity for research or | 8 | | educational activities, provided that the foreign entity | 9 | | either does not maintain an office in the United States or | 10 | | is the sole source of the service or product. | 11 | | Notice of each contract entered into by a public institution of | 12 | | higher education that is related to the procurement of goods | 13 | | and services identified in items (1) through (9) of this | 14 | | subsection shall be published in the Procurement Bulletin | 15 | | within 14 calendar days after contract execution. The Chief | 16 | | Procurement Officer shall prescribe the form and content of the | 17 | | notice. Each public institution of higher education shall | 18 | | provide the Chief Procurement Officer, on a monthly basis, in | 19 | | the form and content prescribed by the Chief Procurement | 20 | | Officer, a report of contracts that are related to the | 21 | | procurement of goods and services identified in this | 22 | | subsection. At a minimum, this report shall include the name of | 23 | | the contractor, a description of the supply or service | 24 | | provided, the total amount of the contract, the term of the | 25 | | contract, and the exception to the Code utilized. A copy of any | 26 | | or all of these contracts shall be made available to the Chief |
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| 1 | | Procurement Officer immediately upon request. The Chief | 2 | | Procurement Officer shall submit a report to the Governor and | 3 | | General Assembly no later than November 1 of each year that | 4 | | shall include, at a minimum, an annual summary of the monthly | 5 | | information reported to the Chief Procurement Officer. | 6 | | (b-5) Except as provided in this subsection, the provisions | 7 | | of this Code shall not apply to contracts for medical supplies, | 8 | | and to contracts for medical services necessary for the | 9 | | delivery of care and treatment at medical, dental, or | 10 | | veterinary teaching facilities utilized by Southern Illinois | 11 | | University or the University of Illinois and at any | 12 | | university-operated health care center or dispensary that | 13 | | provides care, treatment, and medications for students, | 14 | | faculty and staff. Other supplies and services , including | 15 | | services for search and placement of medical practitioners and | 16 | | academic staff for facilities described in this subsection | 17 | | (b-5), needed for these teaching facilities shall be subject to | 18 | | the jurisdiction of the Chief Procurement Officer for Public | 19 | | Institutions of Higher Education who may establish expedited | 20 | | procurement procedures and may waive or modify certification, | 21 | | contract, hearing, process and registration requirements | 22 | | required by the Code. All procurements made under this | 23 | | subsection shall be documented and may require publication in | 24 | | the Illinois Procurement Bulletin. | 25 | | (c) Procurements made by or on behalf of public | 26 | | institutions of higher education for the fulfillment of a grant |
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| 1 | | shall be made in accordance with the requirements of this Code | 2 | | to the extent practical. | 3 | | Upon the written request of a public institution of higher | 4 | | education, the Chief Procurement Officer may waive contract, | 5 | | registration, certification, and hearing requirements of this | 6 | | Code if, based on the item to be procured or the terms of a | 7 | | grant, compliance is impractical. The public institution of | 8 | | higher education shall provide the Chief Procurement Officer | 9 | | with specific reasons for the waiver, including the necessity | 10 | | of contracting with a particular potential contractor, and | 11 | | shall certify that an effort was made in good faith to comply | 12 | | with the provisions of this Code. The Chief Procurement Officer | 13 | | shall provide written justification for any waivers. By | 14 | | November 1 of each year, the Chief Procurement Officer shall | 15 | | file a report with the General Assembly identifying each | 16 | | contract approved with waivers and providing the justification | 17 | | given for any waivers for each of those contracts. Notice of | 18 | | each waiver made under this subsection shall be published in | 19 | | the Procurement Bulletin within 14 calendar days after contract | 20 | | execution. The Chief Procurement Officer shall prescribe the | 21 | | form and content of the notice. | 22 | | (d) Notwithstanding this Section, a waiver of the | 23 | | registration requirements of Section 20-160 does not permit a | 24 | | business entity and any affiliated entities or affiliated | 25 | | persons to make campaign contributions if otherwise prohibited | 26 | | by Section 50-37. The total amount of contracts awarded in |
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| 1 | | accordance with this Section shall be included in determining | 2 | | the aggregate amount of contracts or pending bids of a business | 3 | | entity and any affiliated entities or affiliated persons. | 4 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 5 | | this Code, the Chief Procurement Officer, with the approval of | 6 | | the Executive Ethics Commission, may permit a public | 7 | | institution of higher education to accept a bid or enter into a | 8 | | contract with a business that assisted the public institution | 9 | | of higher education in determining whether there is a need for | 10 | | a contract or assisted in reviewing, drafting, or preparing | 11 | | documents related to a bid or contract, provided that the bid | 12 | | or contract is essential to research administered by the public | 13 | | institution of higher education and it is in the best interest | 14 | | of the public institution of higher education to accept the bid | 15 | | or contract. For purposes of this subsection, "business" | 16 | | includes all individuals with whom a business is affiliated, | 17 | | including, but not limited to, any officer, agent, employee, | 18 | | consultant, independent contractor, director, partner, | 19 | | manager, or shareholder of a business. The Executive Ethics | 20 | | Commission may promulgate rules and regulations for the | 21 | | implementation and administration of the provisions of this | 22 | | subsection (e). | 23 | | (f) As used in this Section: | 24 | | "Grant" means non-appropriated funding provided by a | 25 | | federal or private entity to support a project or program | 26 | | administered by a public institution of higher education and |
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| 1 | | any non-appropriated funding provided to a sub-recipient of the | 2 | | grant. | 3 | | "Public institution of higher education" means Chicago | 4 | | State University, Eastern Illinois University, Governors State | 5 | | University, Illinois State University, Northeastern Illinois | 6 | | University, Northern Illinois University, Southern Illinois | 7 | | University, University of Illinois, Western Illinois | 8 | | University, and, for purposes of this Code only, the Illinois | 9 | | Mathematics and Science Academy. | 10 | | (g) (Blank).
| 11 | | (h) The General Assembly finds and declares that: | 12 | | (1) Public Act 98-1076, which took effect on January 1, | 13 | | 2015, changed the repeal date set for this Section from | 14 | | December 31, 2014 to December 31, 2016. | 15 | | (2) The Statute on Statutes sets forth general rules on | 16 | | the repeal of statutes and the construction of multiple | 17 | | amendments, but Section 1 of that Act also states that | 18 | | these rules will not be observed when the result would be | 19 | | "inconsistent with the manifest intent of the General | 20 | | Assembly or repugnant to the context of the statute". | 21 | | (3) This amendatory Act of the 100th General Assembly | 22 | | manifests the intention of the General Assembly to remove | 23 | | the repeal of this Section. | 24 | | (4) This Section was originally enacted to protect, | 25 | | promote, and preserve the general welfare. Any | 26 | | construction of this Section that results in the repeal of |
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| 1 | | this Section on December 31, 2014 would be inconsistent | 2 | | with the manifest intent of the General Assembly and | 3 | | repugnant to the context of this Code. | 4 | | It is hereby declared to have been the intent of the | 5 | | General Assembly that this Section not be subject to repeal on | 6 | | December 31, 2014. | 7 | | This Section shall be deemed to have been in continuous | 8 | | effect since December 20, 2011 (the effective date of Public | 9 | | Act 97-643), and it shall continue to be in effect henceforward | 10 | | until it is otherwise lawfully repealed. All previously enacted | 11 | | amendments to this Section taking effect on or after December | 12 | | 31, 2014, are hereby validated. | 13 | | All actions taken in reliance on or pursuant to this | 14 | | Section by any public institution of higher education, person, | 15 | | or entity are hereby validated. | 16 | | In order to ensure the continuing effectiveness of this | 17 | | Section, it is set forth in full and re-enacted by this | 18 | | amendatory Act of the 100th General Assembly. This re-enactment | 19 | | is intended as a continuation of this Section. It is not | 20 | | intended to supersede any amendment to this Section that is | 21 | | enacted by the 100th General Assembly. | 22 | | In this amendatory Act of the 100th General Assembly, the | 23 | | base text of the reenacted Section is set forth as amended by | 24 | | Public Act 98-1076. Striking and underscoring is used only to | 25 | | show changes being made to the base text. | 26 | | This Section applies to all procurements made on or before |
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| 1 | | the effective date of this amendatory Act of the 100th General | 2 | | Assembly. | 3 | | (Source: P.A. 100-43, eff. 8-9-17.)
| 4 | | (30 ILCS 500/40-25)
| 5 | | Sec. 40-25. Length of leases.
| 6 | | (a) Maximum term. Except as otherwise provided under | 7 | | subsection (a-5), leases shall be for a term not to exceed
10 | 8 | | years inclusive, beginning January, 1, 2010, of proposed | 9 | | contract renewals and shall include
a termination option in | 10 | | favor of the State after 5 years. The length of energy | 11 | | conservation program contracts or energy savings contracts or | 12 | | leases shall be in accordance with the provisions of Section | 13 | | 25-45.
| 14 | | (a-5) Extended term. A lease for real property owned by the | 15 | | University of Illinois to be used by the University of Illinois | 16 | | at Chicago for an ambulatory surgical center, which would | 17 | | include both clinical services and retail space, may exceed 10 | 18 | | years in length where: (i) the lease requires the lessor to | 19 | | make capital improvements in excess of $100,000; and (ii) the | 20 | | Board of Trustees of the University of Illinois determines a | 21 | | term of more than 10 years is necessary and is in the best | 22 | | interest of the University. A lease under this subsection (a-5) | 23 | | may not exceed 30 years in length. | 24 | | (a-10) Extended term. A lease for real property owned by | 25 | | Southern Illinois University to be used by the Southern |
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| 1 | | Illinois University School of Medicine for an ambulatory | 2 | | surgical center, which would include both clinical services and | 3 | | retail space, may exceed 10 years in length where: (i) the | 4 | | lease requires the lessor to make capital improvements in | 5 | | excess of $100,000; and (ii) the Board of Trustees of Southern | 6 | | Illinois University determines a term of more than 10 years is | 7 | | necessary and is in the best interest of the University. A | 8 | | lease under this subsection (a-10) may not exceed 30 years in | 9 | | length. | 10 | | (b) Renewal. Leases may include a renewal option. An
option | 11 | | to renew may be
exercised only when a State purchasing officer | 12 | | determines in
writing that renewal is in the best
interest of | 13 | | the State and notice of the exercise of the option is published | 14 | | in
the appropriate volume of the Procurement Bulletin at least | 15 | | 30 calendar days prior to
the exercise of the option.
| 16 | | (c) Subject to appropriation. All leases shall recite that
| 17 | | they are subject to termination
and cancellation in any year | 18 | | for which the General Assembly fails
to make an appropriation | 19 | | to
make payments under the terms of the lease.
| 20 | | (d) Holdover. Beginning January 1, 2010, no lease may | 21 | | continue on a month-to-month or other holdover basis for a | 22 | | total of more than 6 months. Beginning July 1, 2010, the | 23 | | Comptroller shall withhold payment of leases beyond this | 24 | | holdover period. | 25 | | (Source: P.A. 100-23, eff. 7-6-17; 100-1047, eff. 1-1-19; | 26 | | 101-426, eff. 1-1-20 .)".
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