Public Act 097-0643
 
SB1750 EnrolledLRB097 09189 PJG 49324 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
adding Section 1-13 as follows:
 
    (30 ILCS 500/1-13 new)
    Sec. 1-13. Applicability to public institutions of higher
education.
    (a) This Code shall apply to public institutions of higher
education, regardless of the source of the funds with which
contracts are paid, except as provided in this Section.
    (b) Except as provided in this Section, this Code shall not
apply to procurements made by or on behalf of public
institutions of higher education for any of the following:
        (1) Memberships in professional, academic, or athletic
    organizations on behalf of a public institution of higher
    education, an employee of a public institution of higher
    education, or a student at a public institution of higher
    education.
        (2) Procurement expenditures for events or activities
    paid for exclusively by revenues generated by the event or
    activity, gifts or donations for the event or activity,
    private grants, or any combination thereof.
        (3) Procurement expenditures for events or activities
    for which the use of specific vendors is mandated or
    identified by the sponsor of the event or activity,
    provided that the sponsor is providing a majority of the
    funding for the event or activity.
        (4) Procurement expenditures necessary to provide
    artistic or musical services, performances, or productions
    held at a venue operated by a public institution of higher
    education.
        (5) Procurement expenditures for periodicals and books
    procured for use by a university library or academic
    department, except for expenditures related to procuring
    textbooks for student use or materials for resale or
    rental.
Notice of each contract entered into by a public institution of
higher education that is related to the procurement of goods
and services identified in items (1) through (5) of this
subsection shall be published in the Procurement Bulletin
within 14 days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the notice.
Each public institution of higher education shall provide the
Chief Procurement Officer, on a monthly basis, in the form and
content prescribed by the Chief Procurement Officer, a report
of contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. A copy of any or all of these contracts shall be
made available to the Chief Procurement Officer immediately
upon request. The Chief Procurement Officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the Chief
Procurement Officer.
    (c) Procurements made by or on behalf of public
institutions of higher education for any of the following shall
be made in accordance with the requirements of this Code to the
extent practical as provided in this subsection:
        (1) Contracts with a foreign entity necessary for
    research or educational activities, provided that the
    foreign entity either does not maintain an office in the
    United States or is the sole source of the service or
    product.
        (2) Procurements of FDA-regulated goods, products, and
    services necessary for the delivery of care and treatment
    at medical, dental, or veterinary teaching facilities
    utilized by the University of Illinois or Southern Illinois
    University.
        (3) Contracts for programming and broadcast license
    rights for university-operated radio and television
    stations.
        (4) Procurements required for fulfillment of a grant.
    Upon the written request of a public institution of higher
education, the Chief Procurement Officer may waive
registration, certification, and hearing requirements of this
Code if, based on the item to be procured or the terms of a
grant, compliance is impractical. The public institution of
higher education shall provide the Chief Procurement Officer
with specific reasons for the waiver, including the necessity
of contracting with a particular vendor, and shall certify that
an effort was made in good faith to comply with the provisions
of this Code. The Chief Procurement Officer shall provide
written justification for any waivers. By November 1 of each
year, the Chief Procurement Officer shall file a report with
the General Assembly identifying each contract approved with
waivers and providing the justification given for any waivers
for each of those contracts. Notice of each waiver made under
this subsection shall be published in the Procurement Bulletin
within 14 days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the notice.
    (d) Notwithstanding this Section, a waiver of the
registration requirements of Section 20-160 does not permit a
business entity and any affiliated entities or affiliated
persons to make campaign contributions if otherwise prohibited
by Section 50-37. The total amount of contracts awarded in
accordance with this Section shall be included in determining
the aggregate amount of contracts or pending bids of a business
entity and any affiliated entities or affiliated persons.
    (e) Notwithstanding subsection (e) of Section 50-10.5 of
this Code, the Chief Procurement Officer, with the approval of
the Executive Ethics Commission, may permit a public
institution of higher education to accept a bid or enter into a
contract with a business that assisted the public institution
of higher education in determining whether there is a need for
a contract or assisted in reviewing, drafting, or preparing
documents related to a bid or contract, provided that the bid
or contract is essential to research administered by the public
institution of higher education and it is in the best interest
of the public institution of higher education to accept the bid
or contract. For purposes of this subsection, "business"
includes all individuals with whom a business is affiliated,
including, but not limited to, any officer, agent, employee,
consultant, independent contractor, director, partner,
manager, or shareholder of a business. The Executive Ethics
Commission may promulgate rules and regulations for the
implementation and administration of the provisions of this
subsection (e).
    (f) As used in this Section:
    "Grant" means non-appropriated funding provided by a
federal or private entity to support a project or program
administered by a public institution of higher education and
any non-appropriated funding provided to a sub-recipient of the
grant.
    "Public institution of higher education" means Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Southern Illinois
University, University of Illinois, and Western Illinois
University.
    (g) This Section is repealed on December 31, 2014.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.