HB0089 97TH GENERAL ASSEMBLY

LRB097 05408 RPM 45466 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0089

Introduced 1/12/2011, by Rep. Chapin Rose - Chad Hays - Roger L. Eddy - Robert W. Pritchard - Raymond Poe, et al.

SYNOPSIS AS INTRODUCED:

See Index

Creates the Public University Procurement Act. Creates the State University Procurement System, governed by a board consisting of one member appointed by each public university's board of trustees. Requires the System to (1) develop a proposed Procurement Code for Public Universities; (2) implement the Code, in conjunction with each university, after approval by the Joint Committee on Administrative Rules; (3) hire and oversee a full-time Chief Procurement Officer for Public Universities; (4) develop university procurement policies on an ongoing basis; (5) evaluate a university's procurement performance on an ongoing basis; (6) develop an electronic procurement bulletin for the public advertising of all university purchasing opportunities above bid limits; (7) provide sole source hearings for those items in which vendor questions or issues have been raised, with final determinations made by the Chief Procurement Officer; (8) under the Code, require certification to conduct business in this State at the time of an award; and (9) develop diversity goals and a certification process that recognizes higher education's commitment to diversity and to annually publish the results. Provides for an Auditor General audit and report. Repeals the Act on July 1, 2016. Amends the Illinois Procurement Code to provide that from the effective date of the amendatory Act until July 1, 2016, the Code does not apply to public universities in this State. Amends various Acts relating to the governance of public universities in Illinois to provide that no university shall be obligated to comply with (i) any mandate in the Act enacted after the effective date of the amendatory Act or (2) any regulatory mandate promulgated by the Board of Higher Education and adopted by rule. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Public University Procurement Act.

Section 5. Definitions. In this Act:

"Code" means the Procurement Code for Public Universities.

"System" means the State University Procurement System.

"University" means a public university in this State.

Section 10. System created.

(a) There is created the State University Procurement System, governed by a board consisting of one member appointed by each university's board of trustees.

(b) The System shall have all of the following responsibilities:

(1) To develop a proposed Procurement Code for Public Universities.

(2) To implement the Code, in conjunction with each university, after approval under Section 20 of this Act.

(3) To hire, for a term to expire on July 1, 2016, and oversee a full-time Chief Procurement Officer for Public Universities, who must be professionally credentialed.

(4) To develop university procurement policies on an ongoing basis.

(5) To evaluate a university's procurement performance on an ongoing basis.

(6) To develop an electronic procurement bulletin for the public advertising of all university purchasing opportunities above bid limits.

(7) To provide sole source hearings for those items in which vendor questions or issues have been raised, with final determinations made by the Chief Procurement Officer.

(8) Under the Code, to require certification to conduct business in this State at the time of an award, including subcontractors above prescribed levels through a prequalification process whose results can be accessed by universities.

(9) To develop diversity goals and a certification process that recognizes higher education's commitment to diversity, with goals that are at least as rigorous as the Business Enterprise for Minorities, Females, and Persons with Disabilities Act, and to annually publish the results.

Section 15. Chief Procurement Officer duties. The Chief Procurement Officer for Public Universities shall have both of the following duties:

(1) To develop and implement the Code in conjunction with the System and universities.

(2) To appoint a State procurement officer for each university, who must, at a minimum, hold a bachelor's degree and be professionally credentialed within 3 years after appointment.

Section 20. Approval of Code. The System shall recommend a proposed Code to the Joint Committee on Administrative Rules (JCAR). JCAR shall review and approve the Code prior to implementation. The System must submit to JCAR and JCAR must approve any changes to the Code, including without limitation bid thresholds, prior to implementation of those changes.

Section 25. Audit. The Auditor General shall audit each university's compliance with the Code on or before December 1, 2015 and report its findings and recommendations on cost avoidance and savings to the General Assembly by filing copies of its report on or before December 31, 2015 as provided in Section 3.1 of the General Assembly Organization Act.

Section 85. Expiration. This Act is repealed on July 1, 2016.

Section 90. The Illinois Procurement Code is amended by changing Section 1-10 as follows:

(30 ILCS 500/1-10)

Sec. 1-10. Application.

(a) This Code applies only to procurements for which contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including but not limited to any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent.

(b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to:

(1) Contracts between the State and its political subdivisions or other governments, or between State governmental bodies except as specifically provided in this Code.

(2) Grants, except for the filing requirements of Section 20-80.

(3) Purchase of care.

(4) Hiring of an individual as employee and not as an independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual.

(5) Collective bargaining contracts.

(6) Purchase of real estate, except that notice of this type of contract with a value of more than $25,000 must be published in the Procurement Bulletin within 7 days after the deed is recorded in the county of jurisdiction. The notice shall identify the real estate purchased, the names of all parties to the contract, the value of the contract, and the effective date of the contract.

(7) Contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations, provided that the chief legal counsel to the Governor shall give his or her prior approval when the procuring agency is one subject to the jurisdiction of the Governor, and provided that the chief legal counsel of any other procuring entity subject to this Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Governor.

(8) Contracts for services to Northern Illinois University by a person, acting as an independent contractor, who is qualified by education, experience, and technical ability and is selected by negotiation for the purpose of providing non-credit educational service activities or products by means of specialized programs offered by the university.

(9) Procurement expenditures by the Illinois Conservation Foundation when only private funds are used.

(10) Procurement expenditures by the Illinois Health Information Exchange Authority involving private funds from the Health Information Exchange Fund. "Private funds" means gifts, donations, and private grants.

(c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act.

(d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law.

(e) From the effective date of this amendatory Act of the 97th General Assembly until July 1, 2016, this Code does not apply to the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governor State University, and Northeastern Illinois University.

(Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; 95-876, eff. 8-21-08; 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10.)

Section 100. The University of Illinois Act is amended by adding Section 80 as follows:

(110 ILCS 305/80 new)

Sec. 80. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 105. The Southern Illinois University Management Act is amended by adding Section 65 as follows:

(110 ILCS 520/65 new)

Sec. 65. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 110. The Chicago State University Law is amended by adding Section 5-175 as follows:

(110 ILCS 660/5-175 new)

Sec. 5-175. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 115. The Eastern Illinois University Law is amended by adding Section 10-175 as follows:

(110 ILCS 665/10-175 new)

Sec. 10-175. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 120. The Governors State University Law is amended by adding Section 15-175 as follows:

(110 ILCS 670/15-175 new)

Sec. 15-175. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 125. The Illinois State University Law is amended by adding Section 20-180 as follows:

(110 ILCS 675/20-180 new)

Sec. 20-180. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 130. The Northeastern Illinois University Law is amended by adding Section 25-175 as follows:

(110 ILCS 680/25-175 new)

Sec. 25-175. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 135. The Northern Illinois University Law is amended by adding Section 30-185 as follows:

(110 ILCS 685/30-185 new)

Sec. 30-185. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 140. The Western Illinois University Law is amended by adding Section 35-180 as follows:

(110 ILCS 690/35-180 new)

Sec. 35-180. Unfunded mandates prohibited.

(a) The University shall not be obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the academic year during which the mandate is required:

(1) Any mandate in this Act enacted after the effective date of this amendatory Act of the 97th General Assembly.

(2) Any regulatory mandate promulgated by the Board of Higher Education and adopted by rule after the effective date of this amendatory Act of the 97th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 97th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the University may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

(c) If the University discontinues or modifies a mandated activity due to lack of full funding from this State, then the University shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the Board of Higher Education upon request.

Section 999. Effective date. This Act takes effect upon becoming law.