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Illinois Senate Bill SB2296

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2296 Compare Versions

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11 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
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2296 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
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1111 1 AN ACT concerning State government.
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 not apply to public institutions of
2020 10 higher education, regardless of the source of the funds with
2121 11 which contracts are paid, except as provided in this Section.
2222 12 (b) (Blank). Except as provided in this Section, this Code
2323 13 shall 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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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2296 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
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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 for contracts entered
116116 13 into under the Public University Energy Conservation Act.
117117 14 (13) Procurement expenditures for advertising
118118 15 purchased directly from a media station or the owner of
119119 16 the station for distribution of advertising.
120120 17 Notice of each contract with an annual value of more than
121121 18 $100,000 entered into by a public institution of higher
122122 19 education that is related to the procurement of goods and
123123 20 services identified in items (1) through (13) of this
124124 21 subsection shall be published in the Procurement Bulletin
125125 22 within 14 calendar days after contract execution. The Chief
126126 23 Procurement Officer shall prescribe the form and content of
127127 24 the notice. Each public institution of higher education shall
128128 25 provide the Chief Procurement Officer, on a monthly basis, in
129129 26 the form and content prescribed by the Chief Procurement
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140140 1 Officer, a report of contracts that are related to the
141141 2 procurement of goods and services identified in this
142142 3 subsection. At a minimum, this report shall include the name
143143 4 of the contractor, a description of the supply or service
144144 5 provided, the total amount of the contract, the term of the
145145 6 contract, and the exception to the Code utilized. A copy of any
146146 7 or all of these contracts shall be made available to the Chief
147147 8 Procurement Officer immediately upon request. The Chief
148148 9 Procurement Officer shall submit a report to the Governor and
149149 10 General Assembly no later than November 1 of each year that
150150 11 shall include, at a minimum, an annual summary of the monthly
151151 12 information reported to the Chief Procurement Officer.
152152 13 (b-5) (Blank). Except as provided in this subsection, the
153153 14 provisions of this Code shall not apply to contracts for
154154 15 medical supplies or to contracts for medical services
155155 16 necessary for the delivery of care and treatment at medical,
156156 17 dental, pharmaceutical, or veterinary teaching facilities used
157157 18 by Southern Illinois University or the University of Illinois
158158 19 or at any university-operated health care center or dispensary
159159 20 that provides care, treatment, and medications for students,
160160 21 faculty, and staff. Furthermore, the provisions of this Code
161161 22 do not apply to the procurement by such a facility of any
162162 23 additional supplies or services that the operator of the
163163 24 facility deems necessary for the effective use and functioning
164164 25 of the medical supplies or services that are otherwise exempt
165165 26 from this Code under this subsection (b-5), including, but not
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176176 1 limited to, procurements necessary for compliance and
177177 2 management of federal programs. However, other supplies and
178178 3 services needed for these teaching facilities shall be subject
179179 4 to the jurisdiction of the Chief Procurement Officer for
180180 5 Public Institutions of Higher Education who may establish
181181 6 expedited procurement procedures and may waive or modify
182182 7 certification, contract, hearing, process and registration
183183 8 requirements required by this Code. All procurements made
184184 9 under this subsection shall be documented and may require
185185 10 publication in the Illinois Procurement Bulletin.
186186 11 (b-10) (Blank). Procurements made by or on behalf of the
187187 12 University of Illinois for investment services may be entered
188188 13 into or renewed without being subject to the requirements of
189189 14 this Code. Notice of intent to renew a contract shall be
190190 15 published in the Illinois Public Higher Education Procurement
191191 16 Bulletin at least 14 days prior to the execution of a renewal,
192192 17 and the University of Illinois shall hold a public hearing for
193193 18 interested parties to provide public comment. Any contract
194194 19 extended, renewed, or entered pursuant to this exception shall
195195 20 be published in the Illinois Public Higher Education
196196 21 Procurement Bulletin within 5 days of contract execution.
197197 22 (c) (Blank). Procurements made by or on behalf of public
198198 23 institutions of higher education for the fulfillment of a
199199 24 grant shall be made in accordance with the requirements of
200200 25 this Code to the extent practical.
201201 26 Upon the written request of a public institution of higher
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212212 1 education, the Chief Procurement Officer may waive contract,
213213 2 registration, certification, and hearing requirements of this
214214 3 Code if, based on the item to be procured or the terms of a
215215 4 grant, compliance is impractical. The public institution of
216216 5 higher education shall provide the Chief Procurement Officer
217217 6 with specific reasons for the waiver, including the necessity
218218 7 of contracting with a particular potential contractor, and
219219 8 shall certify that an effort was made in good faith to comply
220220 9 with the provisions of this Code. The Chief Procurement
221221 10 Officer shall provide written justification for any waivers.
222222 11 By November 1 of each year, the Chief Procurement Officer
223223 12 shall file a report with the General Assembly identifying each
224224 13 contract approved with waivers and providing the justification
225225 14 given for any waivers for each of those contracts. Notice of
226226 15 each waiver made under this subsection shall be published in
227227 16 the Procurement Bulletin within 14 calendar days after
228228 17 contract execution. The Chief Procurement Officer shall
229229 18 prescribe the form and content of the notice.
230230 19 (d) (Blank). Notwithstanding this Section, a waiver of the
231231 20 registration requirements of Section 20-160 does not permit a
232232 21 business entity and any affiliated entities or affiliated
233233 22 persons to make campaign contributions if otherwise prohibited
234234 23 by Section 50-37. The total amount of contracts awarded in
235235 24 accordance with this Section shall be included in determining
236236 25 the aggregate amount of contracts or pending bids of a
237237 26 business entity and any affiliated entities or affiliated
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248248 1 persons.
249249 2 (e) (Blank). Notwithstanding subsection (e) of Section
250250 3 50-10.5 of this Code, the Chief Procurement Officer, with the
251251 4 approval of the Executive Ethics Commission, may permit a
252252 5 public institution of higher education to accept a bid or
253253 6 enter into a contract with a business that assisted the public
254254 7 institution of higher education in determining whether there
255255 8 is a need for a contract or assisted in reviewing, drafting, or
256256 9 preparing documents related to a bid or contract, provided
257257 10 that the bid or contract is essential to research administered
258258 11 by the public institution of higher education and it is in the
259259 12 best interest of the public institution of higher education to
260260 13 accept the bid or contract. For purposes of this subsection,
261261 14 "business" includes all individuals with whom a business is
262262 15 affiliated, including, but not limited to, any officer, agent,
263263 16 employee, consultant, independent contractor, director,
264264 17 partner, manager, or shareholder of a business. The Executive
265265 18 Ethics Commission may promulgate rules and regulations for the
266266 19 implementation and administration of the provisions of this
267267 20 subsection (e).
268268 21 (f) As used in this Section:
269269 22 "Grant" means non-appropriated funding provided by a
270270 23 federal or private entity to support a project or program
271271 24 administered by a public institution of higher education and
272272 25 any non-appropriated funding provided to a sub-recipient of
273273 26 the grant.
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284284 1 "Public institution of higher education" means Chicago
285285 2 State University, Eastern Illinois University, Governors State
286286 3 University, Illinois State University, Northeastern Illinois
287287 4 University, Northern Illinois University, Southern Illinois
288288 5 University, University of Illinois, Western Illinois
289289 6 University, and, for purposes of this Code only, the Illinois
290290 7 Mathematics and Science Academy.
291291 8 (g) (Blank).
292292 9 (h) The General Assembly finds and declares that:
293293 10 (1) Public Act 98-1076, which took effect on January
294294 11 1, 2015, changed the repeal date set for this Section from
295295 12 December 31, 2014 to December 31, 2016.
296296 13 (2) The Statute on Statutes sets forth general rules
297297 14 on the repeal of statutes and the construction of multiple
298298 15 amendments, but Section 1 of that Act also states that
299299 16 these rules will not be observed when the result would be
300300 17 "inconsistent with the manifest intent of the General
301301 18 Assembly or repugnant to the context of the statute".
302302 19 (3) This amendatory Act of the 100th General Assembly
303303 20 manifests the intention of the General Assembly to remove
304304 21 the repeal of this Section.
305305 22 (4) This Section was originally enacted to protect,
306306 23 promote, and preserve the general welfare. Any
307307 24 construction of this Section that results in the repeal of
308308 25 this Section on December 31, 2014 would be inconsistent
309309 26 with the manifest intent of the General Assembly and
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320320 1 repugnant to the context of this Code.
321321 2 It is hereby declared to have been the intent of the
322322 3 General Assembly that this Section not be subject to repeal on
323323 4 December 31, 2014.
324324 5 This Section shall be deemed to have been in continuous
325325 6 effect since December 20, 2011 (the effective date of Public
326326 7 Act 97-643), and it shall continue to be in effect
327327 8 henceforward until it is otherwise lawfully repealed. All
328328 9 previously enacted amendments to this Section taking effect on
329329 10 or after December 31, 2014, are hereby validated.
330330 11 All actions taken in reliance on or pursuant to this
331331 12 Section by any public institution of higher education, person,
332332 13 or entity are hereby validated.
333333 14 In order to ensure the continuing effectiveness of this
334334 15 Section, it is set forth in full and re-enacted by this
335335 16 amendatory Act of the 100th General Assembly. This
336336 17 re-enactment is intended as a continuation of this Section. It
337337 18 is not intended to supersede any amendment to this Section
338338 19 that is enacted by the 100th General Assembly.
339339 20 In this amendatory Act of the 100th General Assembly, the
340340 21 base text of the reenacted Section is set forth as amended by
341341 22 Public Act 98-1076. Striking and underscoring is used only to
342342 23 show changes being made to the base text.
343343 24 This Section applies to all procurements made on or before
344344 25 the effective date of this amendatory Act of the 100th General
345345 26 Assembly.
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