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Illinois Senate Bill SB2300

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2300 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2300 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 does not apply to the following procurements made by or on behalf of public institutions of higher education: (1) non-construction procurements under $250,000; (2) construction procurements under $500,000; (3) procurements and purchases made under the Illinois Public Higher Education Cooperative; and (4) all post-award procurement activities and documentation. LRB104 10175 HLH 20247 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2300 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 does not apply to the following procurements made by or on behalf of public institutions of higher education: (1) non-construction procurements under $250,000; (2) construction procurements under $500,000; (3) procurements and purchases made under the Illinois Public Higher Education Cooperative; and (4) all post-award procurement activities and documentation. LRB104 10175 HLH 20247 b LRB104 10175 HLH 20247 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2300 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
33 30 ILCS 500/1-13 30 ILCS 500/1-13
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55 Amends the Illinois Procurement Code. Provides that the Code does not apply to the following procurements made by or on behalf of public institutions of higher education: (1) non-construction procurements under $250,000; (2) construction procurements under $500,000; (3) procurements and purchases made under the Illinois Public Higher Education Cooperative; and (4) all post-award procurement activities and documentation.
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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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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2300 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
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4040 Amends the Illinois Procurement Code. Provides that the Code does not apply to the following procurements made by or on behalf of public institutions of higher education: (1) non-construction procurements under $250,000; (2) construction procurements under $500,000; (3) procurements and purchases made under the Illinois Public Higher Education Cooperative; and (4) all post-award procurement activities and documentation.
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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 (12.1) Non-construction procurements under $250,000.
118118 15 (12.2) Construction procurements under $500,000.
119119 16 (12.3) Procurements and purchases made under the
120120 17 Illinois Public Higher Education Cooperative.
121121 18 (12.4) All post-award procurement activities and
122122 19 documentation.
123123 20 (13) Procurement expenditures for advertising
124124 21 purchased directly from a media station or the owner of
125125 22 the station for distribution of advertising.
126126 23 Notice of each contract with an annual value of more than
127127 24 $100,000 entered into by a public institution of higher
128128 25 education that is related to the procurement of goods and
129129 26 services identified in items (1) through (13) of this
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140140 1 subsection shall be published in the Procurement Bulletin
141141 2 within 14 calendar days after contract execution. The Chief
142142 3 Procurement Officer shall prescribe the form and content of
143143 4 the notice. Each public institution of higher education shall
144144 5 provide the Chief Procurement Officer, on a monthly basis, in
145145 6 the form and content prescribed by the Chief Procurement
146146 7 Officer, a report of contracts that are related to the
147147 8 procurement of goods and services identified in this
148148 9 subsection. At a minimum, this report shall include the name
149149 10 of the contractor, a description of the supply or service
150150 11 provided, the total amount of the contract, the term of the
151151 12 contract, and the exception to the Code utilized. A copy of any
152152 13 or all of these contracts shall be made available to the Chief
153153 14 Procurement Officer immediately upon request. The Chief
154154 15 Procurement Officer shall submit a report to the Governor and
155155 16 General Assembly no later than November 1 of each year that
156156 17 shall include, at a minimum, an annual summary of the monthly
157157 18 information reported to the Chief Procurement Officer.
158158 19 (b-5) Except as provided in this subsection, the
159159 20 provisions of this Code shall not apply to contracts for
160160 21 medical supplies or to contracts for medical services
161161 22 necessary for the delivery of care and treatment at medical,
162162 23 dental, pharmaceutical, or veterinary teaching facilities used
163163 24 by Southern Illinois University or the University of Illinois
164164 25 or at any university-operated health care center or dispensary
165165 26 that provides care, treatment, and medications for students,
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176176 1 faculty, and staff. Furthermore, the provisions of this Code
177177 2 do not apply to the procurement by such a facility of any
178178 3 additional supplies or services that the operator of the
179179 4 facility deems necessary for the effective use and functioning
180180 5 of the medical supplies or services that are otherwise exempt
181181 6 from this Code under this subsection (b-5), including, but not
182182 7 limited to, procurements necessary for compliance and
183183 8 management of federal programs. However, other supplies and
184184 9 services needed for these teaching facilities shall be subject
185185 10 to the jurisdiction of the Chief Procurement Officer for
186186 11 Public Institutions of Higher Education who may establish
187187 12 expedited procurement procedures and may waive or modify
188188 13 certification, contract, hearing, process and registration
189189 14 requirements required by this Code. All procurements made
190190 15 under this subsection shall be documented and may require
191191 16 publication in the Illinois Procurement Bulletin.
192192 17 (b-10) Procurements made by or on behalf of the University
193193 18 of Illinois for investment services may be entered into or
194194 19 renewed without being subject to the requirements of this
195195 20 Code. Notice of intent to renew a contract shall be published
196196 21 in the Illinois Public Higher Education Procurement Bulletin
197197 22 at least 14 days prior to the execution of a renewal, and the
198198 23 University of Illinois shall hold a public hearing for
199199 24 interested parties to provide public comment. Any contract
200200 25 extended, renewed, or entered pursuant to this exception shall
201201 26 be published in the Illinois Public Higher Education
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212212 1 Procurement Bulletin within 5 days of contract execution.
213213 2 (c) Procurements made by or on behalf of public
214214 3 institutions of higher education for the fulfillment of a
215215 4 grant shall be made in accordance with the requirements of
216216 5 this Code to the extent practical.
217217 6 Upon the written request of a public institution of higher
218218 7 education, the Chief Procurement Officer may waive contract,
219219 8 registration, certification, and hearing requirements of this
220220 9 Code if, based on the item to be procured or the terms of a
221221 10 grant, compliance is impractical. The public institution of
222222 11 higher education shall provide the Chief Procurement Officer
223223 12 with specific reasons for the waiver, including the necessity
224224 13 of contracting with a particular potential contractor, and
225225 14 shall certify that an effort was made in good faith to comply
226226 15 with the provisions of this Code. The Chief Procurement
227227 16 Officer shall provide written justification for any waivers.
228228 17 By November 1 of each year, the Chief Procurement Officer
229229 18 shall file a report with the General Assembly identifying each
230230 19 contract approved with waivers and providing the justification
231231 20 given for any waivers for each of those contracts. Notice of
232232 21 each waiver made under this subsection shall be published in
233233 22 the Procurement Bulletin within 14 calendar days after
234234 23 contract execution. The Chief Procurement Officer shall
235235 24 prescribe the form and content of the notice.
236236 25 (d) Notwithstanding this Section, a waiver of the
237237 26 registration requirements of Section 20-160 does not permit a
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248248 1 business entity and any affiliated entities or affiliated
249249 2 persons to make campaign contributions if otherwise prohibited
250250 3 by Section 50-37. The total amount of contracts awarded in
251251 4 accordance with this Section shall be included in determining
252252 5 the aggregate amount of contracts or pending bids of a
253253 6 business entity and any affiliated entities or affiliated
254254 7 persons.
255255 8 (e) Notwithstanding subsection (e) of Section 50-10.5 of
256256 9 this Code, the Chief Procurement Officer, with the approval of
257257 10 the Executive Ethics Commission, may permit a public
258258 11 institution of higher education to accept a bid or enter into a
259259 12 contract with a business that assisted the public institution
260260 13 of higher education in determining whether there is a need for
261261 14 a contract or assisted in reviewing, drafting, or preparing
262262 15 documents related to a bid or contract, provided that the bid
263263 16 or contract is essential to research administered by the
264264 17 public institution of higher education and it is in the best
265265 18 interest of the public institution of higher education to
266266 19 accept the bid or contract. For purposes of this subsection,
267267 20 "business" includes all individuals with whom a business is
268268 21 affiliated, including, but not limited to, any officer, agent,
269269 22 employee, consultant, independent contractor, director,
270270 23 partner, manager, or shareholder of a business. The Executive
271271 24 Ethics Commission may promulgate rules and regulations for the
272272 25 implementation and administration of the provisions of this
273273 26 subsection (e).
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284284 1 (f) As used in this Section:
285285 2 "Grant" means non-appropriated funding provided by a
286286 3 federal or private entity to support a project or program
287287 4 administered by a public institution of higher education and
288288 5 any non-appropriated funding provided to a sub-recipient of
289289 6 the grant.
290290 7 "Public institution of higher education" means Chicago
291291 8 State University, Eastern Illinois University, Governors State
292292 9 University, Illinois State University, Northeastern Illinois
293293 10 University, Northern Illinois University, Southern Illinois
294294 11 University, University of Illinois, Western Illinois
295295 12 University, and, for purposes of this Code only, the Illinois
296296 13 Mathematics and Science Academy.
297297 14 (g) (Blank).
298298 15 (h) The General Assembly finds and declares that:
299299 16 (1) Public Act 98-1076, which took effect on January
300300 17 1, 2015, changed the repeal date set for this Section from
301301 18 December 31, 2014 to December 31, 2016.
302302 19 (2) The Statute on Statutes sets forth general rules
303303 20 on the repeal of statutes and the construction of multiple
304304 21 amendments, but Section 1 of that Act also states that
305305 22 these rules will not be observed when the result would be
306306 23 "inconsistent with the manifest intent of the General
307307 24 Assembly or repugnant to the context of the statute".
308308 25 (3) This amendatory Act of the 100th General Assembly
309309 26 manifests the intention of the General Assembly to remove
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320320 1 the repeal of this Section.
321321 2 (4) This Section was originally enacted to protect,
322322 3 promote, and preserve the general welfare. Any
323323 4 construction of this Section that results in the repeal of
324324 5 this Section on December 31, 2014 would be inconsistent
325325 6 with the manifest intent of the General Assembly and
326326 7 repugnant to the context of this Code.
327327 8 It is hereby declared to have been the intent of the
328328 9 General Assembly that this Section not be subject to repeal on
329329 10 December 31, 2014.
330330 11 This Section shall be deemed to have been in continuous
331331 12 effect since December 20, 2011 (the effective date of Public
332332 13 Act 97-643), and it shall continue to be in effect
333333 14 henceforward until it is otherwise lawfully repealed. All
334334 15 previously enacted amendments to this Section taking effect on
335335 16 or after December 31, 2014, are hereby validated.
336336 17 All actions taken in reliance on or pursuant to this
337337 18 Section by any public institution of higher education, person,
338338 19 or entity are hereby validated.
339339 20 In order to ensure the continuing effectiveness of this
340340 21 Section, it is set forth in full and re-enacted by this
341341 22 amendatory Act of the 100th General Assembly. This
342342 23 re-enactment is intended as a continuation of this Section. It
343343 24 is not intended to supersede any amendment to this Section
344344 25 that is enacted by the 100th General Assembly.
345345 26 In this amendatory Act of the 100th General Assembly, the
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