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Illinois House Bill HB2326

Illinois 2023-2024 Regular Session

Illinois House Bill HB2326 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2326 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 30 ILCS 500/1-13 Amends the Illinois Procurement Code. Exempts from the Code's requirements procurement expenditures made by a public institution of higher education for the purchase of equipment or improvements for research facilities purchased with funds provided by a third party as part of a sponsored research agreement. Provides that the public institution of higher education shall maintain and publish a list of its procurements that are exempt under this provision categorized by procurement type and total expenditure. LRB103 27383 RJT 53755 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2326 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 30 ILCS 500/1-13 30 ILCS 500/1-13 Amends the Illinois Procurement Code. Exempts from the Code's requirements procurement expenditures made by a public institution of higher education for the purchase of equipment or improvements for research facilities purchased with funds provided by a third party as part of a sponsored research agreement. Provides that the public institution of higher education shall maintain and publish a list of its procurements that are exempt under this provision categorized by procurement type and total expenditure. LRB103 27383 RJT 53755 b LRB103 27383 RJT 53755 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2326 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
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55 Amends the Illinois Procurement Code. Exempts from the Code's requirements procurement expenditures made by a public institution of higher education for the purchase of equipment or improvements for research facilities purchased with funds provided by a third party as part of a sponsored research agreement. Provides that the public institution of higher education shall maintain and publish a list of its procurements that are exempt under this provision categorized by procurement type and total expenditure.
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1111 1 AN ACT concerning finance.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Procurement Code is amended by
1515 5 changing Section 1-13 as follows:
1616 6 (30 ILCS 500/1-13)
1717 7 Sec. 1-13. Applicability to public institutions of higher
1818 8 education.
1919 9 (a) This Code shall apply to public institutions of higher
2020 10 education, regardless of the source of the funds with which
2121 11 contracts are paid, except as provided in this Section.
2222 12 (b) Except as provided in this Section, this Code shall
2323 13 not apply to procurements made by or on behalf of public
2424 14 institutions of higher education for any of the following:
2525 15 (1) Memberships in professional, academic, research,
2626 16 or athletic organizations on behalf of a public
2727 17 institution of higher education, an employee of a public
2828 18 institution of higher education, or a student at a public
2929 19 institution of higher education.
3030 20 (2) Procurement expenditures for events or activities
3131 21 paid for exclusively by revenues generated by the event or
3232 22 activity, gifts or donations for the event or activity,
3333 23 private grants, or any combination thereof.
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4040 Amends the Illinois Procurement Code. Exempts from the Code's requirements procurement expenditures made by a public institution of higher education for the purchase of equipment or improvements for research facilities purchased with funds provided by a third party as part of a sponsored research agreement. Provides that the public institution of higher education shall maintain and publish a list of its procurements that are exempt under this provision categorized by procurement type and total expenditure.
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6868 1 (3) Procurement expenditures for events or activities
6969 2 for which the use of specific potential contractors is
7070 3 mandated or identified by the sponsor of the event or
7171 4 activity, provided that the sponsor is providing a
7272 5 majority of the funding for the event or activity.
7373 6 (4) Procurement expenditures necessary to provide
7474 7 athletic, artistic or musical services, performances,
7575 8 events, or productions by or for a public institution of
7676 9 higher education.
7777 10 (5) Procurement expenditures for periodicals, books,
7878 11 subscriptions, database licenses, and other publications
7979 12 procured for use by a university library or academic
8080 13 department, except for expenditures related to procuring
8181 14 textbooks for student use or materials for resale or
8282 15 rental.
8383 16 (6) Procurement expenditures for placement of students
8484 17 in externships, practicums, field experiences, and for
8585 18 medical residencies and rotations.
8686 19 (7) Contracts for programming and broadcast license
8787 20 rights for university-operated radio and television
8888 21 stations.
8989 22 (8) Procurement expenditures necessary to perform
9090 23 sponsored research and other sponsored activities under
9191 24 grants and contracts funded by the sponsor or by sources
9292 25 other than State appropriations.
9393 26 (9) Contracts with a foreign entity for research or
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104104 1 educational activities, provided that the foreign entity
105105 2 either does not maintain an office in the United States or
106106 3 is the sole source of the service or product.
107107 4 (10) Procurement expenditures for any ongoing software
108108 5 license or maintenance agreement or competitively
109109 6 solicited software purchase, when the software, license,
110110 7 or maintenance agreement is available through only the
111111 8 software creator or its manufacturer and not a reseller.
112112 9 (11) Procurement expenditures incurred outside of the
113113 10 United States for the recruitment of international
114114 11 students.
115115 12 (12) Procurement expenditures made by a public
116116 13 institution of higher education for purchases of equipment
117117 14 or improvements for research facilities purchased with
118118 15 funds provided by a third party as part of a sponsored
119119 16 research agreement. For procurements made pursuant to this
120120 17 paragraph (12), the public institution of higher education
121121 18 shall maintain and publish a list of all such purchases
122122 19 and list them by category and total expenditure.
123123 20 Notice of each contract with an annual value of more than
124124 21 $100,000 entered into by a public institution of higher
125125 22 education that is related to the procurement of goods and
126126 23 services identified in items (1) through (11) of this
127127 24 subsection shall be published in the Procurement Bulletin
128128 25 within 14 calendar days after contract execution. The Chief
129129 26 Procurement Officer shall prescribe the form and content of
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140140 1 the notice. Each public institution of higher education shall
141141 2 provide the Chief Procurement Officer, on a monthly basis, in
142142 3 the form and content prescribed by the Chief Procurement
143143 4 Officer, a report of contracts that are related to the
144144 5 procurement of goods and services identified in this
145145 6 subsection. At a minimum, this report shall include the name
146146 7 of the contractor, a description of the supply or service
147147 8 provided, the total amount of the contract, the term of the
148148 9 contract, and the exception to the Code utilized. A copy of any
149149 10 or all of these contracts shall be made available to the Chief
150150 11 Procurement Officer immediately upon request. The Chief
151151 12 Procurement Officer shall submit a report to the Governor and
152152 13 General Assembly no later than November 1 of each year that
153153 14 shall include, at a minimum, an annual summary of the monthly
154154 15 information reported to the Chief Procurement Officer.
155155 16 (b-5) Except as provided in this subsection, the
156156 17 provisions of this Code shall not apply to contracts for
157157 18 medical supplies or to contracts for medical services
158158 19 necessary for the delivery of care and treatment at medical,
159159 20 dental, or veterinary teaching facilities used by Southern
160160 21 Illinois University or the University of Illinois or at any
161161 22 university-operated health care center or dispensary that
162162 23 provides care, treatment, and medications for students,
163163 24 faculty, and staff. Furthermore, the provisions of this Code
164164 25 do not apply to the procurement by such a facility of any
165165 26 additional supplies or services that the operator of the
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176176 1 facility deems necessary for the effective use and functioning
177177 2 of the medical supplies or services that are otherwise exempt
178178 3 from this Code under this subsection (b-5). However, other
179179 4 supplies and services needed for these teaching facilities
180180 5 shall be subject to the jurisdiction of the Chief Procurement
181181 6 Officer for Public Institutions of Higher Education who may
182182 7 establish expedited procurement procedures and may waive or
183183 8 modify certification, contract, hearing, process and
184184 9 registration requirements required by the Code. All
185185 10 procurements made under this subsection shall be documented
186186 11 and may require publication in the Illinois Procurement
187187 12 Bulletin.
188188 13 (b-10) Procurements made by or on behalf of the University
189189 14 of Illinois for investment services may be entered into or
190190 15 renewed without being subject to the requirements of this
191191 16 Code. Notice of intent to renew a contract shall be published
192192 17 in the Illinois Public Higher Education Procurement Bulletin
193193 18 at least 14 days prior to the execution of a renewal, and the
194194 19 University of Illinois shall hold a public hearing for
195195 20 interested parties to provide public comment. Any contract
196196 21 extended, renewed, or entered pursuant to this exception shall
197197 22 be published in the Illinois Public Higher Education
198198 23 Procurement Bulletin within 5 days of contract execution.
199199 24 (c) Procurements made by or on behalf of public
200200 25 institutions of higher education for the fulfillment of a
201201 26 grant shall be made in accordance with the requirements of
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212212 1 this Code to the extent practical.
213213 2 Upon the written request of a public institution of higher
214214 3 education, the Chief Procurement Officer may waive contract,
215215 4 registration, certification, and hearing requirements of this
216216 5 Code if, based on the item to be procured or the terms of a
217217 6 grant, compliance is impractical. The public institution of
218218 7 higher education shall provide the Chief Procurement Officer
219219 8 with specific reasons for the waiver, including the necessity
220220 9 of contracting with a particular potential contractor, and
221221 10 shall certify that an effort was made in good faith to comply
222222 11 with the provisions of this Code. The Chief Procurement
223223 12 Officer shall provide written justification for any waivers.
224224 13 By November 1 of each year, the Chief Procurement Officer
225225 14 shall file a report with the General Assembly identifying each
226226 15 contract approved with waivers and providing the justification
227227 16 given for any waivers for each of those contracts. Notice of
228228 17 each waiver made under this subsection shall be published in
229229 18 the Procurement Bulletin within 14 calendar days after
230230 19 contract execution. The Chief Procurement Officer shall
231231 20 prescribe the form and content of the notice.
232232 21 (d) Notwithstanding this Section, a waiver of the
233233 22 registration requirements of Section 20-160 does not permit a
234234 23 business entity and any affiliated entities or affiliated
235235 24 persons to make campaign contributions if otherwise prohibited
236236 25 by Section 50-37. The total amount of contracts awarded in
237237 26 accordance with this Section shall be included in determining
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248248 1 the aggregate amount of contracts or pending bids of a
249249 2 business entity and any affiliated entities or affiliated
250250 3 persons.
251251 4 (e) Notwithstanding subsection (e) of Section 50-10.5 of
252252 5 this Code, the Chief Procurement Officer, with the approval of
253253 6 the Executive Ethics Commission, may permit a public
254254 7 institution of higher education to accept a bid or enter into a
255255 8 contract with a business that assisted the public institution
256256 9 of higher education in determining whether there is a need for
257257 10 a contract or assisted in reviewing, drafting, or preparing
258258 11 documents related to a bid or contract, provided that the bid
259259 12 or contract is essential to research administered by the
260260 13 public institution of higher education and it is in the best
261261 14 interest of the public institution of higher education to
262262 15 accept the bid or contract. For purposes of this subsection,
263263 16 "business" includes all individuals with whom a business is
264264 17 affiliated, including, but not limited to, any officer, agent,
265265 18 employee, consultant, independent contractor, director,
266266 19 partner, manager, or shareholder of a business. The Executive
267267 20 Ethics Commission may promulgate rules and regulations for the
268268 21 implementation and administration of the provisions of this
269269 22 subsection (e).
270270 23 (f) As used in this Section:
271271 24 "Grant" means non-appropriated funding provided by a
272272 25 federal or private entity to support a project or program
273273 26 administered by a public institution of higher education and
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284284 1 any non-appropriated funding provided to a sub-recipient of
285285 2 the grant.
286286 3 "Public institution of higher education" means Chicago
287287 4 State University, Eastern Illinois University, Governors State
288288 5 University, Illinois State University, Northeastern Illinois
289289 6 University, Northern Illinois University, Southern Illinois
290290 7 University, University of Illinois, Western Illinois
291291 8 University, and, for purposes of this Code only, the Illinois
292292 9 Mathematics and Science Academy.
293293 10 (g) (Blank).
294294 11 (h) The General Assembly finds and declares that:
295295 12 (1) Public Act 98-1076, which took effect on January
296296 13 1, 2015, changed the repeal date set for this Section from
297297 14 December 31, 2014 to December 31, 2016.
298298 15 (2) The Statute on Statutes sets forth general rules
299299 16 on the repeal of statutes and the construction of multiple
300300 17 amendments, but Section 1 of that Act also states that
301301 18 these rules will not be observed when the result would be
302302 19 "inconsistent with the manifest intent of the General
303303 20 Assembly or repugnant to the context of the statute".
304304 21 (3) This amendatory Act of the 100th General Assembly
305305 22 manifests the intention of the General Assembly to remove
306306 23 the repeal of this Section.
307307 24 (4) This Section was originally enacted to protect,
308308 25 promote, and preserve the general welfare. Any
309309 26 construction of this Section that results in the repeal of
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320320 1 this Section on December 31, 2014 would be inconsistent
321321 2 with the manifest intent of the General Assembly and
322322 3 repugnant to the context of this Code.
323323 4 It is hereby declared to have been the intent of the
324324 5 General Assembly that this Section not be subject to repeal on
325325 6 December 31, 2014.
326326 7 This Section shall be deemed to have been in continuous
327327 8 effect since December 20, 2011 (the effective date of Public
328328 9 Act 97-643), and it shall continue to be in effect
329329 10 henceforward until it is otherwise lawfully repealed. All
330330 11 previously enacted amendments to this Section taking effect on
331331 12 or after December 31, 2014, are hereby validated.
332332 13 All actions taken in reliance on or pursuant to this
333333 14 Section by any public institution of higher education, person,
334334 15 or entity are hereby validated.
335335 16 In order to ensure the continuing effectiveness of this
336336 17 Section, it is set forth in full and re-enacted by this
337337 18 amendatory Act of the 100th General Assembly. This
338338 19 re-enactment is intended as a continuation of this Section. It
339339 20 is not intended to supersede any amendment to this Section
340340 21 that is enacted by the 100th General Assembly.
341341 22 In this amendatory Act of the 100th General Assembly, the
342342 23 base text of the reenacted Section is set forth as amended by
343343 24 Public Act 98-1076. Striking and underscoring is used only to
344344 25 show changes being made to the base text.
345345 26 This Section applies to all procurements made on or before
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356356 1 the effective date of this amendatory Act of the 100th General
357357 2 Assembly.
358358 3 (Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21;
359359 4 102-721, eff. 5-6-22; 102-1119, eff. 1-23-23.)
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