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
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
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.
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A BILL FOR
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1 AN ACT concerning finance.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Procurement Code is amended by
5 changing Section 1-13 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
13 not 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
17 institution of higher education, an employee of a public
18 institution of higher education, or a student at a public
19 institution of higher education.
20 (2) Procurement expenditures for events or activities
21 paid for exclusively by revenues generated by the event or
22 activity, gifts or donations for the event or activity,
23 private grants, or any combination thereof.
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
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.
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A BILL FOR
30 ILCS 500/1-13
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1 (3) Procurement expenditures for events or activities
2 for which the use of specific potential contractors is
3 mandated or identified by the sponsor of the event or
4 activity, provided that the sponsor is providing a
5 majority of the funding for the event or activity.
6 (4) Procurement expenditures necessary to provide
7 athletic, artistic or musical services, performances,
8 events, or productions by or for a public institution of
9 higher education.
10 (5) Procurement expenditures for periodicals, books,
11 subscriptions, database licenses, and other publications
12 procured for use by a university library or academic
13 department, except for expenditures related to procuring
14 textbooks for student use or materials for resale or
15 rental.
16 (6) Procurement expenditures for placement of students
17 in externships, practicums, field experiences, and for
18 medical residencies and rotations.
19 (7) Contracts for programming and broadcast license
20 rights for university-operated radio and television
21 stations.
22 (8) Procurement expenditures necessary to perform
23 sponsored research and other sponsored activities under
24 grants and contracts funded by the sponsor or by sources
25 other than State appropriations.
26 (9) Contracts with a foreign entity for research or
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1 educational activities, provided that the foreign entity
2 either does not maintain an office in the United States or
3 is the sole source of the service or product.
4 (10) Procurement expenditures for any ongoing software
5 license or maintenance agreement or competitively
6 solicited software purchase, when the software, license,
7 or maintenance agreement is available through only the
8 software creator or its manufacturer and not a reseller.
9 (11) Procurement expenditures incurred outside of the
10 United States for the recruitment of international
11 students.
12 (12) Procurement expenditures made by a public
13 institution of higher education for purchases of equipment
14 or improvements for research facilities purchased with
15 funds provided by a third party as part of a sponsored
16 research agreement. For procurements made pursuant to this
17 paragraph (12), the public institution of higher education
18 shall maintain and publish a list of all such purchases
19 and list them by category and total expenditure.
20 Notice of each contract with an annual value of more than
21 $100,000 entered into by a public institution of higher
22 education that is related to the procurement of goods and
23 services identified in items (1) through (11) 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
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1 the 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
7 of 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
17 provisions of this Code shall not apply to contracts for
18 medical supplies or to contracts for medical services
19 necessary for the delivery of care and treatment at medical,
20 dental, or veterinary teaching facilities used by Southern
21 Illinois University or the University of Illinois or at any
22 university-operated health care center or dispensary that
23 provides care, treatment, and medications for students,
24 faculty, and staff. Furthermore, the provisions of this Code
25 do not apply to the procurement by such a facility of any
26 additional supplies or services that the operator of the
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1 facility deems necessary for the effective use and functioning
2 of the medical supplies or services that are otherwise exempt
3 from this Code under this subsection (b-5). However, other
4 supplies and services needed for these teaching facilities
5 shall be subject to the jurisdiction of the Chief Procurement
6 Officer for Public Institutions of Higher Education who may
7 establish expedited procurement procedures and may waive or
8 modify certification, contract, hearing, process and
9 registration requirements required by the Code. All
10 procurements made under this subsection shall be documented
11 and may require publication in the Illinois Procurement
12 Bulletin.
13 (b-10) Procurements made by or on behalf of the University
14 of Illinois for investment services may be entered into or
15 renewed without being subject to the requirements of this
16 Code. Notice of intent to renew a contract shall be published
17 in the Illinois Public Higher Education Procurement Bulletin
18 at least 14 days prior to the execution of a renewal, and the
19 University of Illinois shall hold a public hearing for
20 interested parties to provide public comment. Any contract
21 extended, renewed, or entered pursuant to this exception shall
22 be published in the Illinois Public Higher Education
23 Procurement Bulletin within 5 days of contract execution.
24 (c) Procurements made by or on behalf of public
25 institutions of higher education for the fulfillment of a
26 grant shall be made in accordance with the requirements of
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1 this Code to the extent practical.
2 Upon the written request of a public institution of higher
3 education, the Chief Procurement Officer may waive contract,
4 registration, certification, and hearing requirements of this
5 Code if, based on the item to be procured or the terms of a
6 grant, compliance is impractical. The public institution of
7 higher education shall provide the Chief Procurement Officer
8 with specific reasons for the waiver, including the necessity
9 of contracting with a particular potential contractor, and
10 shall certify that an effort was made in good faith to comply
11 with the provisions of this Code. The Chief Procurement
12 Officer shall provide written justification for any waivers.
13 By November 1 of each year, the Chief Procurement Officer
14 shall file a report with the General Assembly identifying each
15 contract approved with waivers and providing the justification
16 given for any waivers for each of those contracts. Notice of
17 each waiver made under this subsection shall be published in
18 the Procurement Bulletin within 14 calendar days after
19 contract execution. The Chief Procurement Officer shall
20 prescribe the form and content of the notice.
21 (d) Notwithstanding this Section, a waiver of the
22 registration requirements of Section 20-160 does not permit a
23 business entity and any affiliated entities or affiliated
24 persons to make campaign contributions if otherwise prohibited
25 by Section 50-37. The total amount of contracts awarded in
26 accordance with this Section shall be included in determining
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1 the aggregate amount of contracts or pending bids of a
2 business entity and any affiliated entities or affiliated
3 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
13 public institution of higher education and it is in the best
14 interest of the public institution of higher education to
15 accept the bid or contract. For purposes of this subsection,
16 "business" includes all individuals with whom a business is
17 affiliated, including, but not limited to, any officer, agent,
18 employee, consultant, independent contractor, director,
19 partner, manager, or shareholder of a business. The Executive
20 Ethics 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
2 the 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
13 1, 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
16 on 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
10 henceforward until it is otherwise lawfully repealed. All
11 previously enacted amendments to this Section taking effect on
12 or after December 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
19 re-enactment is intended as a continuation of this Section. It
20 is not intended to supersede any amendment to this Section
21 that is 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. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21;
4 102-721, eff. 5-6-22; 102-1119, eff. 1-23-23.)
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