Sen. Bill Cunningham

Filed: 4/26/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 222

2    AMENDMENT NO. ______. Amend Senate Bill 222 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Section 5.878 as follows:
 
6    (30 ILCS 105/5.878 new)
7    Sec. 5.878. The Illinois Excellence Fund.
 
8    Section 10. The Illinois Procurement Code is amended by
9reenacting and changing Section 1-13, by changing Sections
101-10, 1-15.20, 1-15.93, 1-15.107, 5-30, 20-20, 20-43, 20-80,
1120-160, 30-30, 35-30, and 40-25, and by adding Sections 1-13.1
12and 1-15.46 as follows:
 
13    (30 ILCS 500/1-10)
14    Sec. 1-10. Application.

 

 

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1    (a) This Code applies only to procurements for which
2bidders, offerors, potential contractors, or contractors were
3first solicited on or after July 1, 1998. This Code shall not
4be construed to affect or impair any contract, or any provision
5of a contract, entered into based on a solicitation prior to
6the implementation date of this Code as described in Article
799, including but not limited to any covenant entered into with
8respect to any revenue bonds or similar instruments. All
9procurements for which contracts are solicited between the
10effective date of Articles 50 and 99 and July 1, 1998 shall be
11substantially in accordance with this Code and its intent.
12    (b) This Code shall apply regardless of the source of the
13funds with which the contracts are paid, including federal
14assistance moneys. This Code shall not apply to:
15        (1) Contracts between the State and its political
16    subdivisions or other governments, or between State
17    governmental bodies except as specifically provided in
18    this Code.
19        (2) Grants, except for the filing requirements of
20    Section 20-80.
21        (3) Purchase of care.
22        (4) Hiring of an individual as employee and not as an
23    independent contractor, whether pursuant to an employment
24    code or policy or by contract directly with that
25    individual.
26        (5) Collective bargaining contracts.

 

 

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1        (6) (Blank). Purchase of real estate, except that
2    notice of this type of contract with a value of more than
3    $25,000 must be published in the Procurement Bulletin
4    within 10 calendar days after the deed is recorded in the
5    county of jurisdiction. The notice shall identify the real
6    estate purchased, the names of all parties to the contract,
7    the value of the contract, and the effective date of the
8    contract.
9        (7) Contracts necessary to prepare for anticipated
10    litigation, enforcement actions, or investigations,
11    provided that the chief legal counsel to the Governor shall
12    give his or her prior approval when the procuring agency is
13    one subject to the jurisdiction of the Governor, and
14    provided that the chief legal counsel of any other
15    procuring entity subject to this Code shall give his or her
16    prior approval when the procuring entity is not one subject
17    to the jurisdiction of the Governor.
18        (8) Contracts for services to Northern Illinois
19    University by a person, acting as an independent
20    contractor, who is qualified by education, experience, and
21    technical ability and is selected by negotiation for the
22    purpose of providing non-credit educational service
23    activities or products by means of specialized programs
24    offered by the university.
25        (9) Procurement expenditures by the Illinois
26    Conservation Foundation when only private funds are used.

 

 

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1        (10) Procurement expenditures by the Illinois Health
2    Information Exchange Authority involving private funds
3    from the Health Information Exchange Fund. "Private funds"
4    means gifts, donations, and private grants.
5        (11) Public-private agreements entered into in
6    accordance with the laws of this State according to the
7    procurement requirements of Section 20 of the
8    Public-Private Partnerships for Transportation Act and
9    design-build agreements entered into according to the
10    procurement requirements of Section 25 of the
11    Public-Private Partnerships for Transportation Act.
12        (12) Contracts for legal, financial, and other
13    professional and artistic services entered into on or
14    before December 31, 2018 by the Illinois Finance Authority
15    in which the State of Illinois is not obligated. Such
16    contracts shall be awarded through a competitive process
17    authorized by the Board of the Illinois Finance Authority
18    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
19    50-35, and 50-37 of this Code, as well as the final
20    approval by the Board of the Illinois Finance Authority of
21    the terms of the contract.
22        (13) The provisions of this paragraph (13), other than
23    this sentence, are inoperative on and after January 1, 2019
24    or 2 years after the effective date of this amendatory Act
25    of the 99th General Assembly, whichever is later. Contracts
26    for services, commodities, and equipment to support the

 

 

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1    delivery of timely forensic science services in
2    consultation with and subject to the approval of the Chief
3    Procurement Officer as provided in subsection (d) of
4    Section 5-4-3a of the Unified Code of Corrections, except
5    for the requirements of Sections 20-60, 20-65, 20-70, and
6    20-160 and Article 50 of this Code; however, the Chief
7    Procurement Officer may, in writing with justification,
8    waive any certification required under Article 50 of this
9    Code. For any contracts for services which are currently
10    provided by members of a collective bargaining agreement,
11    the applicable terms of the collective bargaining
12    agreement concerning subcontracting shall be followed.
13    Notwithstanding any other provision of law, contracts
14entered into under item (12) of this subsection (b) shall be
15published in the Procurement Bulletin within 14 calendar days
16after contract execution. The chief procurement officer shall
17prescribe the form and content of the notice. The Illinois
18Finance Authority shall provide the chief procurement officer,
19on a monthly basis, in the form and content prescribed by the
20chief procurement officer, a report of contracts that are
21related to the procurement of goods and services identified in
22item (12) of this subsection (b). At a minimum, this report
23shall include the name of the contractor, a description of the
24supply or service provided, the total amount of the contract,
25the term of the contract, and the exception to the Code
26utilized. A copy of each of these contracts shall be made

 

 

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1available to the chief procurement officer immediately upon
2request. The chief procurement officer shall submit a report to
3the Governor and General Assembly no later than November 1 of
4each year that shall include, at a minimum, an annual summary
5of the monthly information reported to the chief procurement
6officer.
7    (c) This Code does not apply to the electric power
8procurement process provided for under Section 1-75 of the
9Illinois Power Agency Act and Section 16-111.5 of the Public
10Utilities Act.
11    (d) Except for Section 20-160 and Article 50 of this Code,
12and as expressly required by Section 9.1 of the Illinois
13Lottery Law, the provisions of this Code do not apply to the
14procurement process provided for under Section 9.1 of the
15Illinois Lottery Law.
16    (e) This Code does not apply to the process used by the
17Capital Development Board to retain a person or entity to
18assist the Capital Development Board with its duties related to
19the determination of costs of a clean coal SNG brownfield
20facility, as defined by Section 1-10 of the Illinois Power
21Agency Act, as required in subsection (h-3) of Section 9-220 of
22the Public Utilities Act, including calculating the range of
23capital costs, the range of operating and maintenance costs, or
24the sequestration costs or monitoring the construction of clean
25coal SNG brownfield facility for the full duration of
26construction.

 

 

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1    (f) This Code does not apply to the process used by the
2Illinois Power Agency to retain a mediator to mediate sourcing
3agreement disputes between gas utilities and the clean coal SNG
4brownfield facility, as defined in Section 1-10 of the Illinois
5Power Agency Act, as required under subsection (h-1) of Section
69-220 of the Public Utilities Act.
7    (g) This Code does not apply to the processes used by the
8Illinois Power Agency to retain a mediator to mediate contract
9disputes between gas utilities and the clean coal SNG facility
10and to retain an expert to assist in the review of contracts
11under subsection (h) of Section 9-220 of the Public Utilities
12Act. This Code does not apply to the process used by the
13Illinois Commerce Commission to retain an expert to assist in
14determining the actual incurred costs of the clean coal SNG
15facility and the reasonableness of those costs as required
16under subsection (h) of Section 9-220 of the Public Utilities
17Act.
18    (h) This Code does not apply to the process to procure or
19contracts entered into in accordance with Sections 11-5.2 and
2011-5.3 of the Illinois Public Aid Code.
21    (i) Each chief procurement officer may access records
22necessary to review whether a contract, purchase, or other
23expenditure is or is not subject to the provisions of this
24Code, unless such records would be subject to attorney-client
25privilege.
26    (j) This Code does not apply to the process used by the

 

 

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1Capital Development Board to retain an artist or work or works
2of art as required in Section 14 of the Capital Development
3Board Act.
4    (k) This Code does not apply to the process to procure
5contracts, or contracts entered into, by the State Board of
6Elections or the State Electoral Board for hearing officers
7appointed pursuant to the Election Code.
8(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
998-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
101-1-15; 99-801, eff. 1-1-17.)
 
11    (30 ILCS 500/1-13)
12    (Section scheduled to be repealed on December 31, 2016)
13    Sec. 1-13. Applicability to public institutions of higher
14education.
15    (a) This Code shall apply to public institutions of higher
16education, regardless of the source of the funds with which
17contracts are paid, except as provided in this Section.
18    (b) Except as provided in this Section, this Code shall not
19apply to procurements made by or on behalf of public
20institutions of higher education for any of the following:
21        (1) Memberships in professional, academic, research,
22    or athletic organizations on behalf of a public institution
23    of higher education, an employee of a public institution of
24    higher education, or a student at a public institution of
25    higher education.

 

 

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1        (2) Procurement expenditures for events or activities
2    paid for exclusively by revenues generated by the event or
3    activity, gifts or donations for the event or activity,
4    private grants, or any combination thereof.
5        (3) Procurement expenditures for events or activities
6    for which the use of specific potential contractors is
7    mandated or identified by the sponsor of the event or
8    activity, provided that the sponsor is providing a majority
9    of the funding for the event or activity.
10        (4) Procurement expenditures necessary to provide
11    athletic, artistic, or musical services, performances,
12    events, or productions held at a venue operated by or for a
13    public institution of higher education.
14        (5) Procurement expenditures for periodicals, and
15    books, subscriptions, database licenses, and other
16    publications procured for use by a university library or
17    academic department, except for expenditures related to
18    procuring textbooks for student use or materials for resale
19    or rental.
20        (6) Procurement expenditures for placement of students
21    in externships, practicums, and field experiences, and for
22    medical residencies and rotations.
23        (7) Contracts for programming and broadcast license
24    rights for university-operated radio and television
25    stations.
26        (8) Procurement expenditures necessary to perform

 

 

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1    sponsored research and other sponsored activities under
2    grants and contracts funded by the sponsor or by sources
3    other than State appropriations.
4        (9) Contracts with a foreign entity for research or
5    educational activities, provided that the foreign entity
6    either does not maintain an office in the United States or
7    is the sole source of the service or product.
8        (10) Procurement of food items for commercial resale on
9    the campus of or at a facility controlled by an institution
10    of higher education.
11        (11) Procurement expenditures for new and used
12    textbooks offered for resale.
13        (12) Procurement expenditures for goods and services
14    provided by national and regional higher education
15    consortium groups pursuant to competitive solicitation
16    where fair pricing is determined.
17        (13) Procurement expenditures for used equipment.
18        (14) Procurement expenditures for investments,
19    banking, custody services, insurance, insurance services,
20    tax services, and debt underwriting.
21Notice of each contract entered into by a public institution of
22higher education that is related to the procurement of goods
23and services identified in items (1) through (14) (7) of this
24subsection shall be published in the Procurement Bulletin
25within 14 calendar days after contract execution. The Chief
26Procurement Officer shall prescribe the form and content of the

 

 

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1notice. Each public institution of higher education shall
2provide the Chief Procurement Officer, on a monthly basis, in
3the form and content prescribed by the Chief Procurement
4Officer, a report of contracts that are related to the
5procurement of goods and services identified in this
6subsection. At a minimum, this report shall include the name of
7the contractor, a description of the supply or service
8provided, the total amount of the contract, the term of the
9contract, and the exception to the Code utilized. A copy of any
10or all of these contracts shall be made available to the Chief
11Procurement Officer immediately upon request. The Chief
12Procurement Officer shall submit a report to the Governor and
13General Assembly no later than November 1 of each year that
14shall include, at a minimum, an annual summary of the monthly
15information reported to the Chief Procurement Officer.
16    (b-5) Except as provided in this subsection, the provisions
17of this Code shall not apply to contracts for medical
18FDA-regulated supplies, and to contracts for medical services
19necessary for the delivery of care and treatment at medical,
20dental, or veterinary teaching facilities utilized by Southern
21Illinois University or the University of Illinois and at any
22university-operated health care center or dispensary that
23provides care, treatment, and medications for students,
24faculty and staff. Other supplies and services needed for these
25teaching facilities shall be subject to the jurisdiction of the
26Chief Procurement Officer for Public Institutions of Higher

 

 

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1Education who may establish expedited procurement procedures
2and may waive or modify certification, contract, hearing,
3process and registration requirements required by the Code. All
4procurements made under this subsection shall be documented and
5may require publication in the Illinois Procurement Bulletin.
6    (c) Procurements made by or on behalf of public
7institutions of higher education for any of the following shall
8be made in accordance with the requirements of this Code to the
9extent practical as provided in this subsection:
10        (1) (Blank). Contracts with a foreign entity necessary
11    for research or educational activities, provided that the
12    foreign entity either does not maintain an office in the
13    United States or is the sole source of the service or
14    product.
15        (2) (Blank).
16        (3) (Blank).
17        (4) Procurements required for fulfillment of a grant.
18    Upon the written request of a public institution of higher
19education, the Chief Procurement Officer may waive
20registration, certification, and hearing requirements of this
21Code if, based on the item to be procured or the terms of a
22grant, compliance is impractical. The public institution of
23higher education shall provide the Chief Procurement Officer
24with specific reasons for the waiver, including the necessity
25of contracting with a particular potential contractor, and
26shall certify that an effort was made in good faith to comply

 

 

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1with the provisions of this Code. The Chief Procurement Officer
2shall provide written justification for any waivers. By
3November 1 of each year, the Chief Procurement Officer shall
4file a report with the General Assembly identifying each
5contract approved with waivers and providing the justification
6given for any waivers for each of those contracts. Notice of
7each waiver made under this subsection shall be published in
8the Procurement Bulletin within 14 calendar days after contract
9execution. The Chief Procurement Officer shall prescribe the
10form and content of the notice.
11    (d) Notwithstanding this Section, a waiver of the
12registration requirements of Section 20-160 does not permit a
13business entity and any affiliated entities or affiliated
14persons to make campaign contributions if otherwise prohibited
15by Section 50-37. The total amount of contracts awarded in
16accordance with this Section shall be included in determining
17the aggregate amount of contracts or pending bids of a business
18entity and any affiliated entities or affiliated persons.
19    (e) Notwithstanding subsection (e) of Section 50-10.5 of
20this Code, the Chief Procurement Officer, with the approval of
21the Executive Ethics Commission, may permit a public
22institution of higher education to accept a bid or enter into a
23contract with a business that assisted the public institution
24of higher education in determining whether there is a need for
25a contract or assisted in reviewing, drafting, or preparing
26documents related to a bid or contract, provided that the bid

 

 

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1or contract is essential to research administered by the public
2institution of higher education and it is in the best interest
3of the public institution of higher education to accept the bid
4or contract. For purposes of this subsection, "business"
5includes all individuals with whom a business is affiliated,
6including, but not limited to, any officer, agent, employee,
7consultant, independent contractor, director, partner,
8manager, or shareholder of a business. The Executive Ethics
9Commission may promulgate rules and regulations for the
10implementation and administration of the provisions of this
11subsection (e).
12    (f) As used in this Section:
13    "Grant" means non-appropriated funding provided by a
14federal or private entity to support a project or program
15administered by a public institution of higher education and
16any non-appropriated funding provided to a sub-recipient of the
17grant.
18    "Public institution of higher education" means Chicago
19State University, Eastern Illinois University, Governors State
20University, Illinois State University, Northeastern Illinois
21University, Northern Illinois University, Southern Illinois
22University, University of Illinois, Western Illinois
23University, and, for purposes of this Code only, the Illinois
24Mathematics and Science Academy.
25    (g) (Blank). This Section is repealed on December 31, 2016.
26(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;

 

 

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198-1076, eff. 1-1-15.)
 
2    (30 ILCS 500/1-13.1 new)
3    Sec. 1-13.1. Continuation of Section 1-13 of this Code;
4validation.
5    (a) The General Assembly finds and declares that:
6        (1) Public Act 98-1076, which took effect on January 1,
7    2015, changed the repeal date set for Section 1-13 of this
8    Code from December 31, 2014 to December 31, 2016.
9        (2) The Statute on Statutes sets forth general rules on
10    the repeal of statutes and the construction of multiple
11    amendments, but Section 1 of that Act also states that
12    these rules will not be observed when the result would be
13    "inconsistent with the manifest intent of the General
14    Assembly or repugnant to the context of the statute".
15        (3) This amendatory Act of the 100th General Assembly
16    manifests the intention of the General Assembly to remove
17    the repeal of Section 1-13 of this Code.
18        (4) Section 1-13 of this Code was originally enacted to
19    protect, promote, and preserve the general welfare. Any
20    construction of Section 1-13 of this Code that results in
21    the repeal of that Section on December 31, 2014 would be
22    inconsistent with the manifest intent of the General
23    Assembly and repugnant to the context of this Code.
24    (b) It is hereby declared to have been the intent of the
25General Assembly that Section 1-13 of this Code not be subject

 

 

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1to repeal on December 31, 2014.
2    (c) Section 1-13 of this Code shall be deemed to have been
3in continuous effect since December 20, 2011 (the effective
4date of Public Act 97-643), and it shall continue to be in
5effect henceforward until it is otherwise lawfully repealed.
6All previously enacted amendments to Section 1-13 of this Code
7taking effect on or after December 31, 2014, are hereby
8validated.
9    (d) All actions taken in reliance on or pursuant to Section
101-13 of this Code by any public institution of higher
11education, person, or entity are hereby validated.
12    (e) In order to ensure the continuing effectiveness of
13Section 1-13 of this Code, it is set forth in full and
14re-enacted by this amendatory Act of the 100th General
15Assembly. This re-enactment is intended as a continuation of
16that Section. It is not intended to supersede any amendment to
17that Section that is enacted by the 100th General Assembly.
18    (f) In this amendatory Act of the 100th General Assembly,
19the base text of the reenacted Section is set forth as amended
20by Public Act 98-1076. Striking and underscoring is used only
21to show changes being made to the base text.
22    (g) Section 1-13 of this Code applies to all procurements
23made on or before the effective date of this amendatory Act of
24the 100th General Assembly.
 
25    (30 ILCS 500/1-15.20)

 

 

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1    Sec. 1-15.20. Construction; and construction-related
2services; and construction support services. "Construction"
3means building, altering, repairing, improving, or demolishing
4any public structure or building, or making improvements of any
5kind to public real property. Construction does not include the
6routine operation, routine repair, or routine maintenance of
7existing structures, buildings, or real property.
8    "Construction-related services" means those services
9including construction design, layout, inspection, support,
10feasibility or location study, research, development,
11planning, or other investigative study undertaken by a
12construction agency concerning construction or potential
13construction.
14    "Construction support" means all equipment, supplies, and
15services that are necessary to the operation of a construction
16agency's construction program. "Construction support" does not
17include construction-related services.
18(Source: P.A. 90-572, eff. 2-6-98.)
 
19    (30 ILCS 500/1-15.46 new)
20    Sec. 1-15.46. Master contract. "Master contract" means a
21definite quantity, indefinite quantity, or requirements
22contract awarded in accordance with this Code, against which
23subsequent orders may be placed to meet the needs of a State
24purchasing entity. A master contract may be for use by a single
25State purchasing entity or for multiple State purchasing

 

 

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1entities and other entities as authorized under the
2Governmental Joint Purchasing Act.
 
3    (30 ILCS 500/1-15.93)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 1-15.93. Single prime. "Single prime" means the
6design-bid-build procurement delivery method for a building
7construction project in which the Capital Development Board or
8a public institution of higher education is the construction
9agency procuring 2 or more subdivisions of work enumerated in
10paragraphs (1) through (5) of subsection (a) of Section 30-30
11of this Code under a single contract. This Section is repealed
12on January 1, 2020.
13(Source: P.A. 99-257, eff. 8-4-15.)
 
14    (30 ILCS 500/1-15.107)
15    Sec. 1-15.107. Subcontract. "Subcontract" means a contract
16between a person and a person who has a contract subject to
17this Code, pursuant to which the subcontractor provides to the
18contractor, or, if the contract price exceeds $100,000 $50,000,
19another subcontractor, some or all of the goods, services, real
20property, remuneration, or other monetary forms of
21consideration that are the subject of the primary contract and
22includes, among other things, subleases from a lessee of a
23State agency. For purposes of this Code, a "subcontract" does
24not include purchases of goods or supplies that are incidental

 

 

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1to the performance of a contract by a person who has a contract
2subject to this Code.
3(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
 
4    (30 ILCS 500/5-30)
5    Sec. 5-30. Proposed contracts; Procurement Policy Board.
6    (a) Except as provided in subsection (c), within 14 30
7calendar days after notice of the awarding or letting of a
8contract has appeared in the Procurement Bulletin in accordance
9with subsection (b) of Section 15-25, the Board may request in
10writing from the contracting agency and the contracting agency
11shall promptly, but in no event later than 7 calendar days
12after receipt of the request, provide to the Board, by
13electronic or other means satisfactory to the Board,
14documentation in the possession of the contracting agency
15concerning the proposed contract. Nothing in this subsection is
16intended to waive or abrogate any privilege or right of
17confidentiality authorized by law.
18    (b) No contract subject to this Section may be entered into
19until the 14-day 30-day period described in subsection (a) has
20expired, unless the contracting agency requests in writing that
21the Board waive the period and the Board grants the waiver in
22writing.
23    (c) This Section does not apply to (i) contracts entered
24into under this Code for small and emergency procurements as
25those procurements are defined in Article 20 and (ii) contracts

 

 

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1for professional and artistic services that are nonrenewable,
2one year or less in duration, and have a value of less than
3$20,000. If requested in writing by the Board, however, the
4contracting agency must promptly, but in no event later than 10
5calendar days after receipt of the request, transmit to the
6Board a copy of the contract for an emergency procurement and
7documentation in the possession of the contracting agency
8concerning the contract.
9(Source: P.A. 98-1076, eff. 1-1-15.)
 
10    (30 ILCS 500/20-20)
11    Sec. 20-20. Small purchases.
12    (a) Amount. Any individual procurement of supplies or
13services other than professional or artistic services, not
14exceeding $100,000 $10,000 and any procurement of construction
15not exceeding $100,000, or any individual procurement of
16professional or artistic services not exceeding $100,000
17$30,000 may be made without competitive sealed bidding.
18Procurements shall not be artificially divided so as to
19constitute a small purchase under this Section. Any procurement
20of construction not exceeding $100,000 may be made by an
21alternative competitive source selection. The construction
22agency shall establish rules for an alternative competitive
23source selection process. This Section does not apply to
24construction-related professional services contracts awarded
25in accordance with the provisions of the Architectural,

 

 

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1Engineering, and Land Surveying Qualifications Based Selection
2Act.
3    (b) Adjustment. Each July 1, the small purchase maximum
4established in subsection (a) shall be adjusted for inflation
5as determined by the Consumer Price Index for All Urban
6Consumers as determined by the United States Department of
7Labor and rounded to the nearest $100.
8    (c) Based upon rules proposed by the Board and rules
9promulgated by the chief procurement officers, the small
10purchase maximum established in subsection (a) may be modified.
11(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
12    (30 ILCS 500/20-43)
13    Sec. 20-43. Bidder or offeror authorized to transact
14business or conduct affairs do business in Illinois. In
15addition to meeting any other requirement of law or rule, a
16person (other than an individual acting as a sole proprietor)
17may qualify as a bidder or offeror under this Code only if the
18person is a legal entity prior to submitting the bid, offer, or
19proposal. The legal entity must be authorized to transact
20business or conduct affairs in Illinois prior to execution of
21the contract submitting the bid, offer, or proposal.
22(Source: P.A. 98-1076, eff. 1-1-15.)
 
23    (30 ILCS 500/20-80)
24    Sec. 20-80. Contract files.

 

 

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1    (a) Written determinations. All written determinations
2required under this Article shall be placed in the contract
3file maintained by the chief procurement officer.
4    (b) Filing with Comptroller. Whenever a grant, defined
5pursuant to accounting standards established by the
6Comptroller, or a contract liability, except for: (1) contracts
7paid from personal services, or (2) contracts between the State
8and its employees to defer compensation in accordance with
9Article 24 of the Illinois Pension Code, or (3) contracts paid
10from non-State appropriations, exceeding $20,000 is incurred
11by any State agency, a copy of the contract, purchase order,
12grant, or lease shall be filed with the Comptroller within 30
13calendar days thereafter. Beginning January 1, 2013, the
14Comptroller may require that contracts and grants required to
15be filed with the Comptroller under this Section shall be filed
16electronically, unless the agency is incapable of filing the
17contract or grant electronically because it does not possess
18the necessary technology or equipment. Any agency that is
19incapable of electronically filing its contracts or grants
20shall submit a written statement to the Governor and to the
21Comptroller attesting to the reasons for its inability to
22comply. This statement shall include a discussion of what the
23agency needs in order to effectively comply with this Section.
24Prior to requiring electronic filing, the Comptroller shall
25consult with the Governor as to the feasibility of establishing
26mutually agreeable technical standards for the electronic

 

 

10000SB0222sam003- 23 -LRB100 04154 NHT 25554 a

1document imaging, storage, and transfer of contracts and
2grants, taking into consideration the technology available to
3that agency, best practices, and the technological
4capabilities of State agencies. Nothing in this amendatory Act
5of the 97th General Assembly shall be construed to impede the
6implementation of an Enterprise Resource Planning (ERP)
7system. For each State contract for goods, supplies, or
8services awarded on or after July 1, 2010, the contracting
9agency shall provide the applicable rate and unit of
10measurement of the goods, supplies, or services on the contract
11obligation document as required by the Comptroller. If the
12contract obligation document that is submitted to the
13Comptroller contains the rate and unit of measurement of the
14goods, supplies, or services, the Comptroller shall provide
15that information on his or her official website. Any
16cancellation or modification to any such contract liability
17shall be filed with the Comptroller within 30 calendar days of
18its execution.
19    (c) Late filing affidavit. When a contract, purchase order,
20grant, or lease required to be filed by this Section has not
21been filed within 30 calendar days of execution, the
22Comptroller shall refuse to issue a warrant for payment
23thereunder until the agency files with the Comptroller the
24contract, purchase order, grant, or lease and an affidavit,
25signed by the chief executive officer of the agency or his or
26her designee, setting forth an explanation of why the contract

 

 

10000SB0222sam003- 24 -LRB100 04154 NHT 25554 a

1liability was not filed within 30 calendar days of execution. A
2copy of this affidavit shall be filed with the Auditor General.
3    (d) Timely execution of contracts. No voucher shall be
4submitted to the Comptroller for a warrant to be drawn for the
5payment of money from the State treasury or from other funds
6held by the State Treasurer on account of any contract unless
7the contract is reduced to writing before the services are
8performed and filed with the Comptroller. Vendors shall not be
9paid for any goods that were received or services that were
10rendered before the contract was reduced to writing and signed
11by all necessary parties. A chief procurement officer may
12request an exception to this subsection by submitting a written
13statement to the Comptroller and Treasurer setting forth the
14circumstances and reasons why the contract could not be reduced
15to writing before the supplies were received or services were
16performed. A waiver of this subsection must be approved by the
17Comptroller and Treasurer. This Section shall not apply to
18emergency purchases if notice of the emergency purchase is
19filed with the Procurement Policy Board and published in the
20Bulletin as required by this Code.
21    (e) Method of source selection. When a contract is filed
22with the Comptroller under this Section, the Comptroller's file
23shall identify the method of source selection used in obtaining
24the contract.
25(Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15.)
 

 

 

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1    (30 ILCS 500/20-160)
2    Sec. 20-160. Business entities; certification;
3registration with the State Board of Elections.
4    (a) For purposes of this Section, the terms "business
5entity", "contract", "State contract", "contract with a State
6agency", "State agency", "affiliated entity", and "affiliated
7person" have the meanings ascribed to those terms in Section
850-37.
9    (b) Every bid and offer submitted to and every contract
10executed by the State on or after January 1, 2009 (the
11effective date of Public Act 95-971) and every submission to a
12vendor portal shall contain (1) a certification by the bidder,
13offeror, vendor, or contractor that either (i) the bidder,
14offeror, vendor, or contractor is not required to register as a
15business entity with the State Board of Elections pursuant to
16this Section or (ii) the bidder, offeror, vendor, or contractor
17has registered as a business entity with the State Board of
18Elections and acknowledges a continuing duty to update the
19registration and (2) a statement that the contract is voidable
20under Section 50-60 for the bidder's, offeror's, vendor's, or
21contractor's failure to comply with this Section.
22    (c) Each business entity (i) whose aggregate bids and
23proposals on State contracts annually total more than $50,000,
24(ii) whose aggregate bids and proposals on State contracts
25combined with the business entity's aggregate annual total
26value of State contracts exceed $50,000, or (iii) whose

 

 

10000SB0222sam003- 26 -LRB100 04154 NHT 25554 a

1contracts with State agencies, in the aggregate, annually total
2more than $50,000 shall register with the State Board of
3Elections in accordance with Section 9-35 of the Election Code.
4A business entity required to register under this subsection
5due to item (i) or (ii) has a continuing duty to ensure that
6the registration is accurate during the period beginning on the
7date of registration and ending on the day after the date the
8contract is awarded; any change in information must be reported
9to the State Board of Elections 5 business days following such
10change or no later than a day before the contract is awarded,
11whichever date is earlier. A business entity required to
12register under this subsection due to item (iii) has a
13continuing duty to ensure that the registration is accurate in
14accordance with subsection (e).
15    (d) Any business entity, not required under subsection (c)
16to register, whose aggregate bids and proposals on State
17contracts annually total more than $50,000, or whose aggregate
18bids and proposals on State contracts combined with the
19business entity's aggregate annual total value of State
20contracts exceed $50,000, shall register with the State Board
21of Elections in accordance with Section 9-35 of the Election
22Code prior to submitting to a State agency the bid or proposal
23whose value causes the business entity to fall within the
24monetary description of this subsection. A business entity
25required to register under this subsection has a continuing
26duty to ensure that the registration is accurate during the

 

 

10000SB0222sam003- 27 -LRB100 04154 NHT 25554 a

1period beginning on the date of registration and ending on the
2day after the date the contract is awarded. Any change in
3information must be reported to the State Board of Elections
4within 5 business days following such change or no later than a
5day before the contract is awarded, whichever date is earlier.
6    (e) A business entity whose contracts with State agencies,
7in the aggregate, annually total more than $50,000 must
8maintain its registration under this Section and has a
9continuing duty to ensure that the registration is accurate for
10the duration of the term of office of the incumbent
11officeholder awarding the contracts or for a period of 2 years
12following the expiration or termination of the contracts,
13whichever is longer. A business entity, required to register
14under this subsection, has a continuing duty to report any
15changes on a quarterly basis to the State Board of Elections
16within 14 calendar days following the last day of January,
17April, July, and October of each year. Any update pursuant to
18this paragraph that is received beyond that date is presumed
19late and the civil penalty authorized by subsection (e) of
20Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
21assessed.
22    Also, if a business entity required to register under this
23subsection has a pending bid or offer, any change in
24information shall be reported to the State Board of Elections
25within 7 calendar days following such change or no later than a
26day before the contract is awarded, whichever date is earlier.

 

 

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1    (f) A business entity's continuing duty under this Section
2to ensure the accuracy of its registration includes the
3requirement that the business entity notify the State Board of
4Elections of any change in information, including but not
5limited to changes of affiliated entities or affiliated
6persons.
7    (g) For any bid or offer for a contract with a State agency
8by a business entity required to register under this Section,
9the chief procurement officer may shall verify that the
10business entity is required to register under this Section and
11is in compliance with the registration requirements on the date
12the bid or offer is due. A chief procurement officer shall not
13accept a bid or offer if the business entity is not in
14compliance with the registration requirements as of the date
15bids or offers are due. Upon discovery of noncompliance with
16this Section, if the bidder or offeror made a good faith effort
17to comply with registration efforts prior to the date the bid
18or offer was due, a chief procurement officer may provide the
19bidder or offeror 5 business days to achieve compliance. The
20chief procurement officer may extend the time to prove
21compliance by as long as necessary in the event that there is a
22failure within the State Board of Elections's registration
23system.
24    (h) A registration, and any changes to a registration, must
25include the business entity's verification of accuracy and
26subjects the business entity to the penalties of the laws of

 

 

10000SB0222sam003- 29 -LRB100 04154 NHT 25554 a

1this State for perjury.
2    In addition to any penalty under Section 9-35 of the
3Election Code, intentional, willful, or material failure to
4disclose information required for registration shall render
5the contract, bid, offer, or other procurement relationship
6voidable by the chief procurement officer if he or she deems it
7to be in the best interest of the State of Illinois.
8    (i) This Section applies regardless of the method of source
9selection used in awarding the contract.
10(Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12;
1198-1076, eff. 1-1-15.)
 
12    (30 ILCS 500/30-30)
13    Sec. 30-30. Design-bid-build construction.
14    (a) The provisions of this subsection are operative through
15December 31, 2019.
16    For building construction contracts in excess of $250,000,
17separate specifications may be prepared for all equipment,
18labor, and materials in connection with the following 5
19subdivisions of the work to be performed:
20        (1) plumbing;
21        (2) heating, piping, refrigeration, and automatic
22    temperature control systems, including the testing and
23    balancing of those systems;
24        (3) ventilating and distribution systems for
25    conditioned air, including the testing and balancing of

 

 

10000SB0222sam003- 30 -LRB100 04154 NHT 25554 a

1    those systems;
2        (4) electric wiring; and
3        (5) general contract work.
4    The specifications may be so drawn as to permit separate
5and independent bidding upon each of the 5 subdivisions of
6work. All contracts awarded for any part thereof may award the
75 subdivisions of work separately to responsible and reliable
8persons, firms, or corporations engaged in these classes of
9work. The contracts, at the discretion of the construction
10agency, may be assigned to the successful bidder on the general
11contract work or to the successful bidder on the subdivision of
12work designated by the construction agency before the bidding
13as the prime subdivision of work, provided that all payments
14will be made directly to the contractors for the 5 subdivisions
15of work upon compliance with the conditions of the contract.
16    Beginning on the effective date of this amendatory Act of
17the 99th General Assembly and through December 31, 2019, for
18single prime projects: (i) the bid of the successful low bidder
19shall identify the name of the subcontractor, if any, and the
20bid proposal costs for each of the 5 subdivisions of work set
21forth in this Section; (ii) the contract entered into with the
22successful bidder shall provide that no identified
23subcontractor may be terminated without the written consent of
24the Capital Development Board; (iii) the contract shall comply
25with the disadvantaged business practices of the Business
26Enterprise for Minorities, Females, and Persons with

 

 

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1Disabilities Act and the equal employment practices of Section
22-105 of the Illinois Human Rights Act; (iv) the Capital
3Development Board and public institutions of higher education
4shall submit a quarterly report to the Procurement Policy Board
5with information on the general scope, project budget, and
6established Business Enterprise Program goals for any single
7prime procurement bid in the previous 3 months with a total
8construction cost valued at $10,000,000 or less; and (v) the
9Capital Development Board and public institutions of higher
10education shall submit an annual report to the General Assembly
11and Governor on the bidding, award, and performance of all
12single prime projects.
13    For building construction projects with a total
14construction cost valued at $5,000,000 or less, the Capital
15Development Board and public institutions of higher education
16shall not use the single prime procurement delivery method for
17more than 50% of the total number of projects bid for each
18fiscal year. Any project with a total construction cost valued
19greater than $5,000,000 may be bid using single prime at the
20discretion of the Executive Director of the Capital Development
21Board or the president of a public institution of higher
22education, as applicable.
23    Beginning on the effective date of this amendatory Act of
24the 99th General Assembly and through December 31, 2017, the
25Capital Development Board and public institutions of higher
26education shall, on a weekly basis: review the projects that

 

 

10000SB0222sam003- 32 -LRB100 04154 NHT 25554 a

1have been designed, and approved to bid; and, for every fifth
2determination to use the single prime procurement delivery
3method for a project under $10,000,000, submit to the
4Procurement Policy Board a written notice of its intent to use
5the single prime method on the project. The notice shall
6include the reasons for using the single prime method and an
7explanation of why the use of that method is in the best
8interest of the State. The Capital Development Board or a
9public institution of higher education, as applicable, shall
10post the notice on its online procurement webpage and on the
11online Procurement Bulletin at least 3 business days following
12submission. The Procurement Policy Board shall review and
13provide its decision on the use of the single prime method for
14every fifth use of the single prime procurement delivery method
15for a project under $10,000,000 within 7 business days of
16receipt of the notice from the Capital Development Board or the
17public institution of higher education, as applicable.
18Approval by the Procurement Policy Board shall not be
19unreasonably withheld and shall be provided unless the
20Procurement Policy Board finds that the use of the single prime
21method is not in the best interest of the State. Any decision
22by the Procurement Policy Board to disapprove the use of the
23single prime method shall be made in writing to the Capital
24Development Board or the public institution of higher
25education, as applicable, posted on the online Procurement
26Bulletin, and shall state the reasons why the single prime

 

 

10000SB0222sam003- 33 -LRB100 04154 NHT 25554 a

1method was disapproved and why it is not in the best interest
2of the State. For the requirements under this Section, the
3Capital Development Board shall have responsibility for only
4those projects that are managed pursuant to the Capital
5Development Board Act.
6    (b) The provisions of this subsection are operative on and
7after January 1, 2020. For building construction contracts in
8excess of $250,000, separate specifications shall be prepared
9for all equipment, labor, and materials in connection with the
10following 5 subdivisions of the work to be performed:
11        (1) plumbing;
12        (2) heating, piping, refrigeration, and automatic
13    temperature control systems, including the testing and
14    balancing of those systems;
15        (3) ventilating and distribution systems for
16    conditioned air, including the testing and balancing of
17    those systems;
18        (4) electric wiring; and
19        (5) general contract work.
20    The specifications must be so drawn as to permit separate
21and independent bidding upon each of the 5 subdivisions of
22work. All contracts awarded for any part thereof shall award
23the 5 subdivisions of work separately to responsible and
24reliable persons, firms, or corporations engaged in these
25classes of work. The contracts, at the discretion of the
26construction agency, may be assigned to the successful bidder

 

 

10000SB0222sam003- 34 -LRB100 04154 NHT 25554 a

1on the general contract work or to the successful bidder on the
2subdivision of work designated by the construction agency
3before the bidding as the prime subdivision of work, provided
4that all payments will be made directly to the contractors for
5the 5 subdivisions of work upon compliance with the conditions
6of the contract.
7(Source: P.A. 98-431, eff. 8-16-13; 98-1076, eff. 1-1-15;
899-257, eff. 8-4-15.)
 
9    (30 ILCS 500/35-30)
10    Sec. 35-30. Awards.
11    (a) All State contracts for professional and artistic
12services, except as provided in this Section, shall be awarded
13using the competitive request for proposal process outlined in
14this Section.
15    (b) For each contract offered, the chief procurement
16officer, State purchasing officer, or his or her designee shall
17use the appropriate standard solicitation forms available from
18the chief procurement officer for matters other than
19construction or the higher education chief procurement
20officer.
21    (c) Prepared forms shall be submitted to the chief
22procurement officer for matters other than construction or the
23higher education chief procurement officer, whichever is
24appropriate, for publication in its Illinois Procurement
25Bulletin and circulation to the chief procurement officer for

 

 

10000SB0222sam003- 35 -LRB100 04154 NHT 25554 a

1matters other than construction or the higher education chief
2procurement officer's list of prequalified vendors. Notice of
3the offer or request for proposal shall appear at least 14
4calendar days before the response to the offer is due.
5    (d) All interested respondents shall return their
6responses to the chief procurement officer for matters other
7than construction or the higher education chief procurement
8officer, whichever is appropriate, which shall open and record
9them. The chief procurement officer for matters other than
10construction or higher education chief procurement officer
11then shall forward the responses, together with any information
12it has available about the qualifications and other State work
13of the respondents.
14    (e) After evaluation, ranking, and selection, the
15responsible chief procurement officer, State purchasing
16officer, or his or her designee shall notify the chief
17procurement officer for matters other than construction or the
18higher education chief procurement officer, whichever is
19appropriate, of the successful respondent and shall forward a
20copy of the signed contract for the chief procurement officer
21for matters other than construction or higher education chief
22procurement officer's file. The chief procurement officer for
23matters other than construction or higher education chief
24procurement officer shall publish the names of the responsible
25procurement decision-maker, the agency letting the contract,
26the successful respondent, a contract reference, and value of

 

 

10000SB0222sam003- 36 -LRB100 04154 NHT 25554 a

1the let contract in the next appropriate volume of the Illinois
2Procurement Bulletin.
3    (f) For all professional and artistic contracts with
4annualized value that exceeds $100,000 $25,000, evaluation and
5ranking by price are required. Any chief procurement officer or
6State purchasing officer, but not their designees, may select a
7respondent other than the lowest respondent by price. In any
8case, when the contract exceeds the $100,000 $25,000 threshold
9and the lowest respondent is not selected, the chief
10procurement officer or the State purchasing officer shall
11forward together with the contract notice of who the low
12respondent by price was and a written decision as to why
13another was selected to the chief procurement officer for
14matters other than construction or the higher education chief
15procurement officer, whichever is appropriate. The chief
16procurement officer for matters other than construction or
17higher education chief procurement officer shall publish as
18provided in subsection (e) of Section 35-30, but shall include
19notice of the chief procurement officer's or State purchasing
20officer's written decision.
21    (g) The chief procurement officer for matters other than
22construction and higher education chief procurement officer
23may each refine, but not contradict, this Section by
24promulgating rules for submission to the Procurement Policy
25Board and then to the Joint Committee on Administrative Rules.
26Any refinement shall be based on the principles and procedures

 

 

10000SB0222sam003- 37 -LRB100 04154 NHT 25554 a

1of the federal Architect-Engineer Selection Law, Public Law
292-582 Brooks Act, and the Architectural, Engineering, and Land
3Surveying Qualifications Based Selection Act; except that
4pricing shall be an integral part of the selection process.
5(Source: P.A. 98-1076, eff. 1-1-15.)
 
6    (30 ILCS 500/40-25)
7    Sec. 40-25. Length of leases.
8    (a) Maximum term. Leases shall be for a term not to exceed
910 years inclusive, beginning January, 1, 2010, of proposed
10contract renewals and shall include a termination option in
11favor of the State after 5 years. The duration of any lease for
12real property entered into by a public institution of higher
13education that requires a capital improvement in excess of
14$100,000 as a condition of the lease may exceed 10 years, but
15not more than 30 years, if the governing board of a public
16institution of higher education, during a public hearing,
17determines that a lease in excess of 10 years is required or
18necessary for the use or benefit of that public institution of
19higher education and that the lease is in the best interest of
20the public institution of higher education. On July 1, 2022 and
21every 5 years thereafter, the capital improvement minimum
22established in this subsection (a) shall be adjusted for
23inflation by the chief procurement officer for higher education
24as determined by the Consumer Price Index for All Urban
25Consumers as determined by the United States Department of

 

 

10000SB0222sam003- 38 -LRB100 04154 NHT 25554 a

1Labor and rounded to the nearest $100.
2    (b) Renewal. Leases may include a renewal option. An option
3to renew may be exercised only when a State purchasing officer
4determines in writing that renewal is in the best interest of
5the State and notice of the exercise of the option is published
6in the appropriate volume of the Procurement Bulletin at least
760 calendar days prior to the exercise of the option.
8    (c) Subject to appropriation. All leases shall recite that
9they are subject to termination and cancellation in any year
10for which the General Assembly fails to make an appropriation
11to make payments under the terms of the lease.
12    (d) Holdover. Beginning January 1, 2010, no lease may
13continue on a month-to-month or other holdover basis for a
14total of more than 6 months. Beginning July 1, 2010, the
15Comptroller shall withhold payment of leases beyond this
16holdover period.
17(Source: P.A. 98-1076, eff. 1-1-15.)
 
18    Section 15. The State Property Control Act is amended by
19changing Sections 1.02, 6.02, 6.04, 7a, and 7.3 as follows:
 
20    (30 ILCS 605/1.02)  (from Ch. 127, par. 133b3)
21    Sec. 1.02. "Property" means State owned property and
22includes all real estate, with the exception of rights of way
23for State water resource and highway improvements, traffic
24signs and traffic signals, and with the exception of common

 

 

10000SB0222sam003- 39 -LRB100 04154 NHT 25554 a

1school property; and all tangible personal property with the
2exception of properties specifically exempted by the
3administrator, provided that any property originally
4classified as real property which has been detached from its
5structure shall be classified as personal property.
6    "Property" does not include property owned by the Illinois
7Medical District Commission and leased or occupied by others
8for purposes permitted under the Illinois Medical District Act.
9"Property" also does not include property owned and held by the
10Illinois Medical District Commission for redevelopment.
11    "Property" does not include property described under
12Section 5 of Public Act 92-371 with respect to depositing the
13net proceeds from the sale or exchange of the property as
14provided in Section 10 of that Act.
15    "Property" does not include that property described under
16Section 5 of Public Act 94-405.
17    "Property" does not include real property owned or operated
18by the Illinois Power Agency or any electricity generated on
19that real property or by the Agency. For purposes of this
20subsection only, "real property" includes any interest in land,
21all buildings and improvements located thereon, and all
22fixtures and equipment used or designed for the production and
23transmission of electricity located thereon.
24    "Property" does not include tangible personal property
25owned by the Board of Trustees of the University of Illinois
26utilized for purposes permitted under the University of

 

 

10000SB0222sam003- 40 -LRB100 04154 NHT 25554 a

1Illinois Act.
2(Source: P.A. 94-405, eff. 8-2-05; 95-331, eff. 8-21-07;
395-481, eff. 8-28-07.)
 
4    (30 ILCS 605/6.02)  (from Ch. 127, par. 133b9.2)
5    Sec. 6.02. Each responsible officer shall maintain a
6permanent record of all items of tangible personal property
7under his jurisdiction and control, provided the administrator
8may exempt tangible personal property of nominal value or in
9the nature of consumable supplies, or both; and provided
10further that "textbooks" as defined in Section 18-17 of The
11School Code shall be exempted by the administrator after those
12textbooks have been on loan pursuant to that Section for a
13period of 5 years or more. The listing shall include all
14property being acquired under agreements which are required by
15the State Comptroller to be capitalized for inclusion in the
16statewide financial statements. Each responsible officer shall
17submit a listing of the permanent record at least annually to
18the administrator in such format as the administrator shall
19require. The record may be submitted in either hard copy or
20computer readable form. The administrator may require more
21frequent submissions when in the opinion of the administrator
22the agency records are not sufficiently reliable to justify
23annual submissions.
24(Source: P.A. 85-432; 86-1288.)
 

 

 

10000SB0222sam003- 41 -LRB100 04154 NHT 25554 a

1    (30 ILCS 605/6.04)  (from Ch. 127, par. 133b9.4)
2    Sec. 6.04. Annually, and upon at least 30 days notice, the
3administrator may require each responsible officer to make, or
4cause to be made, an actual physical inventory check of all
5items of tangible personal property under his jurisdiction and
6control and said inventory shall be certified to the
7administrator with a full accounting of all errors or
8exceptions reported therein.
9(Source: Laws 1955, p. 34.)
 
10    (30 ILCS 605/7a)
11    Sec. 7a. Surplus furniture. It is declared to be the public
12policy of this State, and the General Assembly determines, that
13it is in the best interest of the people of this State to
14expend the least amount of funds possible on the purchase of
15furniture.
16    Agencies that desire to purchase new furniture shall first
17check with the administrator if any of the surplus furniture
18under the administrator's control can be used in place of new
19furniture. If an agency finds that it is unable to use the
20surplus property, the agency shall file an affidavit with the
21administrator prior to any purchase, specifying the types of
22new furniture to be bought, the quantities of each type of new
23furniture, the cost per type, and the total cost per category.
24The affidavit shall also clearly state why the furniture must
25be purchased new as opposed to obtained from the

 

 

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1administrator's surplus. The affidavits shall be made
2available by the administrator for public inspection and
3copying.
4    This Section applies only to the purchase of an item of
5furniture with a purchase price of $500 or more.
6    For the purposes of this Section, "agency" does not include
7the Board of Trustees of the University of Illinois.
8(Source: P.A. 88-515; 88-656, eff. 9-16-94.)
 
9    (30 ILCS 605/7.3)  (from Ch. 127, par. 133b10.3)
10    Sec. 7.3. (a) The Administrator shall have charge of all
11transferable property and shall have authority to take
12possession and control of such property in order to transfer or
13assign any such property to any other State agency that has
14need or use for such property or to dispose of said property in
15accordance with Section 7 of this Act.
16    The Administrator may not dispose of a transferable
17airplane by sale until he or she determines that (i) the agency
18no longer has a need for the airplane, (ii) the airplane will
19not be used as a trade-in on another aircraft, and (iii) no
20public university or college in Illinois that offers courses in
21aviation, flight training, or other subjects involving
22knowledge of the workings of an airplane has listed the need
23for an airplane as provided in this Section.
24    Responsible officers shall periodically report all
25transferable property at locations under their jurisdictions

 

 

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1to the Administrator. The Administrator shall review such
2reports and arrange for physical examination of said property
3if necessary to determine if said items of transferable
4property should be transferred to another State agency,
5transferred to a central warehouse, or disposed of. The
6Administrator shall advise responsible officers of the results
7of these reviews as necessary.
8    The staff under the jurisdiction of the Administrator shall
9review as necessary State agencies' inventories for potential
10items of transferable property. If in the opinion of the
11Administrator's staff, any property appears to be
12transferable, the Administrator shall notify the responsible
13officer of his determination. The executive head of the agency
14holding the property in question may appeal the determination
15in writing to the Administrator.
16    The Administrator will review the determination in
17accordance with rules and procedures established pursuant to
18Section 5 of this Act.
19    The Administrator shall maintain lists of transferable
20property and of State agency needs for such property and will
21transfer where appropriate listed transferable property to
22agencies listing their needs for such property as detailed by
23their responsible officers. The Administrator must give
24priority for transfer of an airplane, that is not to be used as
25a trade-in, to a public university or college in Illinois that
26offers courses in aviation, flight training, or other subjects

 

 

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1involving knowledge of the workings of an airplane and that has
2listed the need for an airplane.
3    (b) The Board of Trustees of the University of Illinois
4shall transfer or assign to the Administrator, for disposition
5in accordance with subsection (b) of Section 7, any tangible
6personal property in its possession, custody, or control that
7would otherwise qualify as transferable property.
8(Source: P.A. 91-432, eff. 1-1-00.)
 
9    Section 20. The University of Illinois Act is amended by
10adding Sections 100, 105, and 110 as follows:
 
11    (110 ILCS 305/100 new)
12    Sec. 100. University of Illinois Investment, Performance,
13and Accountability Commitment.
14    (a) This Section may be referred to as the University of
15Illinois Investment, Performance, and Accountability
16Commitment.
17    (b) If the General Assembly appropriates and the State
18Comptroller makes available to the University an amount for
19operations that is not less than $647,186,400 for Fiscal Year
202018, then subsections (c), (d), and (e) of this Section apply
21to the University during Fiscal Year 2018. If, for any
22subsequent fiscal year, the General Assembly appropriates
23before the beginning of that fiscal year and the State
24Comptroller makes available to the University within 12 months

 

 

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1from the effective date of that appropriation an amount for
2operations that is not less than $647,186,400, increased by a
3percentage equal to the percentage increase, if any, in the
4Consumer Price Index for All Urban Consumers (CPI-U) published
5by the Bureau of Labor Statistics of the United States
6Department of Labor for the period beginning on January 1, 2018
7and ending on the most recent December 31, then subsections
8(c), (d), and (e) of this Section apply to the University
9during that fiscal year.
10    (c) In this subsection (c), "mandatory fees" excludes
11mandatory fees approved by students by referendum. Beginning
12with the 2018-2019 academic year, the Board of Trustees may not
13increase the base rate of in-State, undergraduate tuition and
14mandatory fees by more than the rate of inflation, if any, as
15measured by the Consumer Price Index for all Urban Consumers
16(CPI-U) published by the Bureau of Labor Statistics of the
17United States Department of Labor for the 12 months ending on
18the previous December 31 above the base rate of in-State,
19undergraduate tuition and mandatory fees set by the Board of
20Trustees for an undergraduate academic program in the previous
21academic year. This subsection (c) does not apply to health
22insurance fees, fees approved prior to the effective date of
23this amendatory Act of the 100th General Assembly, or fees
24approved by a student referendum.
25    (d) For Fiscal Year 2018 and every fiscal year thereafter,
26the University shall implement the Invest in Illinoisans

 

 

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1program to provide to residents of this State $170,000,000 in
2annual financial aid. A percentage of this financial aid shall
3be provided annually to Illinois students of historically
4underrepresented populations. Such students shall include the
5following:
6        (1) students who are Black or African American,
7    Hispanic or Latino, American Indian or Alaska Native, or
8    Native Hawaiian or Other Pacific Islander;
9        (2) students from counties in this State from which the
10    University of Illinois at Urbana-Champaign campus, the
11    University of Illinois at Chicago campus, and the
12    University of Illinois at Springfield campus combined have
13    enrolled on average 2 or fewer students from the county
14    over the last 3 years; and
15        (3) students from families who are classified as in
16    poverty with an expected family contribution equal to zero.
17    (e) For the 2018-2019 academic year and every academic year
18thereafter, the University shall achieve performance goals
19defined by all of the following key performance indicators:
20        (1) The Board of Trustees shall admit as new and
21    transfer students no fewer than 14,000 residents of this
22    State in undergraduate programs at the University of
23    Illinois at Urbana-Champaign campus, 11,800 residents of
24    this State in undergraduate programs at the University of
25    Illinois at Chicago campus, and 1,500 residents of this
26    State in undergraduate programs at the University of

 

 

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1    Illinois at Springfield campus, provided the requisite
2    number of residents of this State seeking admission to
3    undergraduate programs at the University meet the
4    requirements of Section 8 of this Act. Residents of this
5    State must comprise at least 50%, combined, of any growth
6    in on-campus undergraduate enrollment above the level for
7    the 2015-2016 academic year.
8        (2) The University shall maintain a first-to-second
9    year retention rate in undergraduate programs greater than
10    or equal to a combined 87% at the University of Illinois at
11    Urbana-Champaign campus, the University of Illinois at
12    Chicago campus, and the University of Illinois at
13    Springfield campus.
14        (3) The University shall maintain a 6-year graduation
15    rate for first-time freshmen in undergraduate programs
16    greater than or equal to a combined 72% at the University
17    of Illinois at Urbana-Champaign campus, the University of
18    Illinois at Chicago campus, and the University of Illinois
19    at Springfield campus.
20    (f) Beginning September 1, 2018 and every September 1
21thereafter, the University shall publish on its website and
22make publicly available an annual report related to the
23previous academic and fiscal year at the University of Illinois
24at Urbana-Champaign campus, at the University of Illinois at
25Chicago campus, and at the University of Illinois at
26Springfield campus. The annual report shall include all of the

 

 

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1following information:
2        (1) The number of first-time freshmen enrolled.
3        (2) The number of new transfer students enrolled.
4        (3) The number of undergraduates enrolled who are
5    residents of this State.
6        (4) The number of underrepresented minority
7    undergraduate students enrolled.
8        (5) The total undergraduate enrollment.
9        (6) The number of undergraduate degrees issued.
10        (7) The number of graduate degrees issued.
11        (8) The number of professional degrees issued.
12        (9) The total number of degrees issued.
13        (10) The number of science, technology, engineering,
14    and mathematics degrees issued.
15        (11) The direct appropriation per undergraduate
16    degree.
17        (12) The direct appropriation per undergraduate degree
18    issued to a resident of this State.
19        (13) The direct appropriation as a percentage of total
20    expenditures.
21        (14) The number of undergraduate students enrolled in
22    each college of each campus.
23        (15) The number of undergraduate students who are
24    residents of this State enrolled in each college of each
25    campus.
26    (g) The requirements of subsections (c), (d), and (e) of

 

 

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1this Section do not apply to the University during any fiscal
2year in which the General Assembly does not make an
3appropriation in accordance with subsection (b) of this Section
4or during any fiscal year in which the State Comptroller fails
5to make available the amounts required under subsection (b) of
6this Section. Nothing in this Section is intended to grant to
7the University a vested, contractual right to a particular
8level of funding for any fiscal year.
9    (h) This Section is repealed on June 30, 2022.
 
10    (110 ILCS 305/105 new)
11    Sec. 105. Certificates of participation for capital
12improvements.
13    (a) For the purposes of this Section, "Commission" means
14the Commission on Government Forecasting and Accountability.
15    (b) The power of the Board of Trustees to enter into
16contracts includes the power to enter into financing agreements
17in connection with the financing of capital improvements,
18including technology or other related improvements, by selling
19certificates of participation in the installment payments made
20under such financing agreements. These financing agreements
21may be entered into for any period of time less than or equal
22to 30 years, but not to exceed the useful life of the capital
23improvement. Nothing in this Section authorizes the Board to
24incur State debt, as that term is defined in subsection (a) of
25Section 9 of Article IX of the Constitution of the State of

 

 

10000SB0222sam003- 50 -LRB100 04154 NHT 25554 a

1Illinois.
2    (c) Upon determination by the Board to undertake a
3transaction for the sale of certificates of participation and
4enter into related financing agreements in connection with the
5financing of capital improvements, the Board shall adopt a
6resolution or resolutions describing in a general way the
7contemplated facilities or a combination thereof designated as
8the project, the estimated cost thereof, and any additional
9relevant information.
10    (d) Before issuance of any certificate of participation,
11the Board or its representatives shall appear before the
12Commission and present the details of the proposal. This
13presentation shall include such information as the Commission
14may request in relation to the proposed certificate of
15participation issuance. This information shall include, but is
16not limited to, the amount being financed, the nature of the
17project being financed, the proposed funding stream to pay for
18the certificate of participation issuance, the current
19outstanding indebtedness of the University, and the status of
20all currently issued certificates of participation.
21    Upon receipt of a request by the University for a
22certificate of participation presentation, the Commission
23shall hold a public hearing and, upon adoption by a vote of the
24majority of appointed members, issue a record of findings in
25regards to the issuance of the certificate of participation
26within 60 days after the request.

 

 

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1    As part of the Commission's considerations and findings,
2the Commission shall consider the effect the issuance of a
3certificate of participation shall have on the University's
4annual debt service and overall fiscal condition.
5    Within the Commission's findings must be a statement in
6which the Commission makes a recommendation to the University
7as to proceeding with the certificate of participation
8issuance. The recommendation shall be either (i) "favorably
9recommended", (ii) "recommended with concerns", or (iii)
10"non-support of issuance".
11    The Commission shall report the findings within 15 days
12after the hearing to all of the following:
13        (1) The Speaker of the House of Representatives.
14        (2) The Minority Leader of the House of
15    Representatives.
16        (3) The President of the Senate.
17        (4) The Minority Leader of the Senate.
18        (5) The Governor's Office of Management and Budget.
19        (6) The President of the University.
20    Upon a finding of "non-support of issuance", the University
21may not proceed with the issuance of the certificate of
22participation involved in the finding without the approval of
23the General Assembly through the adoption of a joint
24resolution.
25    (e) Upon receipt of the external Auditor General audit
26report of each year, the University shall file with the

 

 

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1Commission a report stating the status of all outstanding
2certificates of participation the University has issued and a
3copy of the annual budget as approved by the Board.
4    (f) Each issuance of a certificate of participation shall
5include within the appropriate documents related to its
6execution the following statement, which sets forth required
7limitations in relation to the certificate:
8    "THE BOARD OF TRUSTEES' OBLIGATION TO MAKE INSTALLMENT
9PAYMENTS DOES NOT CONSTITUTE A DEBT OF THE BOARD OR THE STATE
10OF ILLINOIS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR
11STATUTORY LIMITATION. THE INSTALLMENT PAYMENTS REQUIRED UNDER
12CERTIFICATES OF PARTICIPATION INCURRED BY THE UNIVERSITY ARE
13NOT SECURED BY THE FULL FAITH AND CREDIT OF THE STATE AND ARE
14NOT REQUIRED TO BE REPAID AND MAY NOT BE REPAID, DIRECTLY OR
15INDIRECTLY, FROM TAX REVENUE.".
16    (g) The maximum annual debt service for the University's
17total certificate of participation obligation must not exceed
18$100,000,000.
 
19    (110 ILCS 305/110 new)
20    Sec. 110. Illinois Excellence Program. Subject to
21appropriation, the Board of Trustees shall establish and
22administer a program, to be called the Illinois Excellence
23Program, to recruit and retain promising faculty throughout the
24University of Illinois system through capital investment in
25both new and distressed facilities. The Program shall focus on

 

 

10000SB0222sam003- 53 -LRB100 04154 NHT 25554 a

1capital investment in facilities designed to attract and retain
2sought-after faculty to the University of Illinois system.
3    The Illinois Excellence Fund is created as a special fund
4in the State treasury. All money in the Fund may be used,
5subject to appropriation, by the Board of Trustees for the
6administration of the Illinois Excellence Program.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".