104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2296 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 30 ILCS 500/1-13 Amends the Illinois Procurement Code. Provides that the Code shall not apply to public institutions of higher education. LRB104 10181 HLH 20253 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2296 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 30 ILCS 500/1-13 30 ILCS 500/1-13 Amends the Illinois Procurement Code. Provides that the Code shall not apply to public institutions of higher education. LRB104 10181 HLH 20253 b LRB104 10181 HLH 20253 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2296 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
30 ILCS 500/1-13 30 ILCS 500/1-13
30 ILCS 500/1-13
Amends the Illinois Procurement Code. Provides that the Code shall not apply to public institutions of higher education.
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A BILL FOR
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1 AN ACT concerning State government.
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 not apply to public institutions of
10 higher education, regardless of the source of the funds with
11 which contracts are paid, except as provided in this Section.
12 (b) (Blank). Except as provided in this Section, this Code
13 shall 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.
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2296 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
30 ILCS 500/1-13 30 ILCS 500/1-13
30 ILCS 500/1-13
Amends the Illinois Procurement Code. Provides that the Code shall not apply to public institutions of higher education.
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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 for contracts entered
13 into under the Public University Energy Conservation Act.
14 (13) Procurement expenditures for advertising
15 purchased directly from a media station or the owner of
16 the station for distribution of advertising.
17 Notice of each contract with an annual value of more than
18 $100,000 entered into by a public institution of higher
19 education that is related to the procurement of goods and
20 services identified in items (1) through (13) of this
21 subsection shall be published in the Procurement Bulletin
22 within 14 calendar days after contract execution. The Chief
23 Procurement Officer shall prescribe the form and content of
24 the notice. Each public institution of higher education shall
25 provide the Chief Procurement Officer, on a monthly basis, in
26 the form and content prescribed by the Chief Procurement
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1 Officer, a report of contracts that are related to the
2 procurement of goods and services identified in this
3 subsection. At a minimum, this report shall include the name
4 of the contractor, a description of the supply or service
5 provided, the total amount of the contract, the term of the
6 contract, and the exception to the Code utilized. A copy of any
7 or all of these contracts shall be made available to the Chief
8 Procurement Officer immediately upon request. The Chief
9 Procurement Officer shall submit a report to the Governor and
10 General Assembly no later than November 1 of each year that
11 shall include, at a minimum, an annual summary of the monthly
12 information reported to the Chief Procurement Officer.
13 (b-5) (Blank). Except as provided in this subsection, the
14 provisions of this Code shall not apply to contracts for
15 medical supplies or to contracts for medical services
16 necessary for the delivery of care and treatment at medical,
17 dental, pharmaceutical, or veterinary teaching facilities used
18 by Southern Illinois University or the University of Illinois
19 or at any university-operated health care center or dispensary
20 that provides care, treatment, and medications for students,
21 faculty, and staff. Furthermore, the provisions of this Code
22 do not apply to the procurement by such a facility of any
23 additional supplies or services that the operator of the
24 facility deems necessary for the effective use and functioning
25 of the medical supplies or services that are otherwise exempt
26 from this Code under this subsection (b-5), including, but not
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1 limited to, procurements necessary for compliance and
2 management of federal programs. However, other supplies and
3 services needed for these teaching facilities shall be subject
4 to the jurisdiction of the Chief Procurement Officer for
5 Public Institutions of Higher Education who may establish
6 expedited procurement procedures and may waive or modify
7 certification, contract, hearing, process and registration
8 requirements required by this Code. All procurements made
9 under this subsection shall be documented and may require
10 publication in the Illinois Procurement Bulletin.
11 (b-10) (Blank). Procurements made by or on behalf of the
12 University of Illinois for investment services may be entered
13 into or renewed without being subject to the requirements of
14 this Code. Notice of intent to renew a contract shall be
15 published in the Illinois Public Higher Education Procurement
16 Bulletin at least 14 days prior to the execution of a renewal,
17 and the University of Illinois shall hold a public hearing for
18 interested parties to provide public comment. Any contract
19 extended, renewed, or entered pursuant to this exception shall
20 be published in the Illinois Public Higher Education
21 Procurement Bulletin within 5 days of contract execution.
22 (c) (Blank). Procurements made by or on behalf of public
23 institutions of higher education for the fulfillment of a
24 grant shall be made in accordance with the requirements of
25 this Code to the extent practical.
26 Upon the written request of a public institution of higher
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1 education, the Chief Procurement Officer may waive contract,
2 registration, certification, and hearing requirements of this
3 Code if, based on the item to be procured or the terms of a
4 grant, compliance is impractical. The public institution of
5 higher education shall provide the Chief Procurement Officer
6 with specific reasons for the waiver, including the necessity
7 of contracting with a particular potential contractor, and
8 shall certify that an effort was made in good faith to comply
9 with the provisions of this Code. The Chief Procurement
10 Officer shall provide written justification for any waivers.
11 By November 1 of each year, the Chief Procurement Officer
12 shall file a report with the General Assembly identifying each
13 contract approved with waivers and providing the justification
14 given for any waivers for each of those contracts. Notice of
15 each waiver made under this subsection shall be published in
16 the Procurement Bulletin within 14 calendar days after
17 contract execution. The Chief Procurement Officer shall
18 prescribe the form and content of the notice.
19 (d) (Blank). Notwithstanding this Section, a waiver of the
20 registration requirements of Section 20-160 does not permit a
21 business entity and any affiliated entities or affiliated
22 persons to make campaign contributions if otherwise prohibited
23 by Section 50-37. The total amount of contracts awarded in
24 accordance with this Section shall be included in determining
25 the aggregate amount of contracts or pending bids of a
26 business entity and any affiliated entities or affiliated
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1 persons.
2 (e) (Blank). Notwithstanding subsection (e) of Section
3 50-10.5 of this Code, the Chief Procurement Officer, with the
4 approval of the Executive Ethics Commission, may permit a
5 public institution of higher education to accept a bid or
6 enter into a contract with a business that assisted the public
7 institution of higher education in determining whether there
8 is a need for a contract or assisted in reviewing, drafting, or
9 preparing documents related to a bid or contract, provided
10 that the bid or contract is essential to research administered
11 by the public institution of higher education and it is in the
12 best interest of the public institution of higher education to
13 accept the bid or contract. For purposes of this subsection,
14 "business" includes all individuals with whom a business is
15 affiliated, including, but not limited to, any officer, agent,
16 employee, consultant, independent contractor, director,
17 partner, manager, or shareholder of a business. The Executive
18 Ethics Commission may promulgate rules and regulations for the
19 implementation and administration of the provisions of this
20 subsection (e).
21 (f) As used in this Section:
22 "Grant" means non-appropriated funding provided by a
23 federal or private entity to support a project or program
24 administered by a public institution of higher education and
25 any non-appropriated funding provided to a sub-recipient of
26 the grant.
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1 "Public institution of higher education" means Chicago
2 State University, Eastern Illinois University, Governors State
3 University, Illinois State University, Northeastern Illinois
4 University, Northern Illinois University, Southern Illinois
5 University, University of Illinois, Western Illinois
6 University, and, for purposes of this Code only, the Illinois
7 Mathematics and Science Academy.
8 (g) (Blank).
9 (h) The General Assembly finds and declares that:
10 (1) Public Act 98-1076, which took effect on January
11 1, 2015, changed the repeal date set for this Section from
12 December 31, 2014 to December 31, 2016.
13 (2) The Statute on Statutes sets forth general rules
14 on the repeal of statutes and the construction of multiple
15 amendments, but Section 1 of that Act also states that
16 these rules will not be observed when the result would be
17 "inconsistent with the manifest intent of the General
18 Assembly or repugnant to the context of the statute".
19 (3) This amendatory Act of the 100th General Assembly
20 manifests the intention of the General Assembly to remove
21 the repeal of this Section.
22 (4) This Section was originally enacted to protect,
23 promote, and preserve the general welfare. Any
24 construction of this Section that results in the repeal of
25 this Section on December 31, 2014 would be inconsistent
26 with the manifest intent of the General Assembly and
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1 repugnant to the context of this Code.
2 It is hereby declared to have been the intent of the
3 General Assembly that this Section not be subject to repeal on
4 December 31, 2014.
5 This Section shall be deemed to have been in continuous
6 effect since December 20, 2011 (the effective date of Public
7 Act 97-643), and it shall continue to be in effect
8 henceforward until it is otherwise lawfully repealed. All
9 previously enacted amendments to this Section taking effect on
10 or after December 31, 2014, are hereby validated.
11 All actions taken in reliance on or pursuant to this
12 Section by any public institution of higher education, person,
13 or entity are hereby validated.
14 In order to ensure the continuing effectiveness of this
15 Section, it is set forth in full and re-enacted by this
16 amendatory Act of the 100th General Assembly. This
17 re-enactment is intended as a continuation of this Section. It
18 is not intended to supersede any amendment to this Section
19 that is enacted by the 100th General Assembly.
20 In this amendatory Act of the 100th General Assembly, the
21 base text of the reenacted Section is set forth as amended by
22 Public Act 98-1076. Striking and underscoring is used only to
23 show changes being made to the base text.
24 This Section applies to all procurements made on or before
25 the effective date of this amendatory Act of the 100th General
26 Assembly.
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