Illinois General Assembly - Full Text of HB4639
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Full Text of HB4639  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Robert W. Pritchard


30 ILCS 500/1-13
30 ILCS 500/1-13.1 new

    Amends the Illinois Procurement Code. Re-enacts a provision concerning the applicability of the Illinois Procurement Code to public institutions of higher education. Provides that the Code does not apply to procurements made by or on behalf of public institutions of higher education for supplies or services under an award made by the Midwestern Higher Education Compact for the use of members of the Compact. Effective immediately.

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HB4639LRB099 17269 MLM 41627 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5re-enacting and changing Section 1-13 and by adding Section
61-13.1 as follows:
7    (30 ILCS 500/1-13)
8    (Section scheduled to be repealed on December 31, 2016)
9    Sec. 1-13. Applicability to public institutions of higher
11    (a) This Code shall apply to public institutions of higher
12education, regardless of the source of the funds with which
13contracts are paid, except as provided in this Section.
14    (b) Except as provided in this Section, this Code shall not
15apply to procurements made by or on behalf of public
16institutions of higher education for any of the following:
17        (1) Memberships in professional, academic, research,
18    or athletic organizations on behalf of a public institution
19    of higher education, an employee of a public institution of
20    higher education, or a student at a public institution of
21    higher education.
22        (2) Procurement expenditures for events or activities
23    paid for exclusively by revenues generated by the event or



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



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



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



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



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1of higher education in determining whether there is a need for
2a contract or assisted in reviewing, drafting, or preparing
3documents related to a bid or contract, provided that the bid
4or contract is essential to research administered by the public
5institution of higher education and it is in the best interest
6of the public institution of higher education to accept the bid
7or contract. For purposes of this subsection, "business"
8includes all individuals with whom a business is affiliated,
9including, but not limited to, any officer, agent, employee,
10consultant, independent contractor, director, partner,
11manager, or shareholder of a business. The Executive Ethics
12Commission may promulgate rules and regulations for the
13implementation and administration of the provisions of this
14subsection (e).
15    (f) As used in this Section:
16    "Grant" means non-appropriated funding provided by a
17federal or private entity to support a project or program
18administered by a public institution of higher education and
19any non-appropriated funding provided to a sub-recipient of the
21    "Public institution of higher education" means Chicago
22State University, Eastern Illinois University, Governors State
23University, Illinois State University, Northeastern Illinois
24University, Northern Illinois University, Southern Illinois
25University, University of Illinois, Western Illinois
26University, and, for purposes of this Code only, the Illinois



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1Mathematics and Science Academy.
2    (g) This Section is repealed on December 31, 2016.
3(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;
498-1076, eff. 1-1-15.)
5    (30 ILCS 500/1-13.1 new)
6    Sec. 1-13.1. Continuation of Section 1-13 of this Code;
8    (a) The General Assembly finds and declares that:
9        (1) Public Act 98-1076, which took effect on January 1,
10    2015, changed the repeal date set for Section 1-13 of this
11    Code from December 31, 2014 to December 31, 2016.
12        (2) The Statute on Statutes sets forth general rules on
13    the repeal of statutes and the construction of multiple
14    amendments, but Section 1 of that Act also states that
15    these rules will not be observed when the result would be
16    "inconsistent with the manifest intent of the General
17    Assembly or repugnant to the context of the statute".
18        (3) This amendatory Act of the 99th General Assembly
19    manifests the intention of the General Assembly to extend
20    the repeal of Section 1-13 of this Code and have Section
21    1-13 of this Code continue in effect until December 31,
22    2016.
23        (4) Section 1-13 of this Code was originally enacted to
24    protect, promote, and preserve the general welfare. Any
25    construction of Section 1-13 of this Code that results in



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1    the repeal of that Section on December 31, 2014 would be
2    inconsistent with the manifest intent of the General
3    Assembly and repugnant to the context of this Code.
4    (b) It is hereby declared to have been the intent of the
5General Assembly that Section 1-13 of this Code not be subject
6to repeal on December 31, 2014.
7    (c) Section 1-13 of this Code shall be deemed to have been
8in continuous effect since December 20, 2011 (the effective
9date of Public Act 97-643), and it shall continue to be in
10effect henceforward until it is otherwise lawfully repealed.
11All previously enacted amendments to Section 1-13 of this Code
12taking effect on or after December 31, 2014, are hereby
14    (d) All actions taken in reliance on or pursuant to Section
151-13 of this Code by any public institution of higher
16education, person, or entity are hereby validated.
17    (e) In order to ensure the continuing effectiveness of
18Section 1-13 of this Code, it is set forth in full and
19re-enacted by this amendatory Act of the 99th General Assembly.
20This re-enactment is intended as a continuation of that
21Section. It is not intended to supersede any amendment to that
22Section that is enacted by the 99th General Assembly.
23    (f) In this amendatory Act of the 99th General Assembly,
24the base text of the reenacted Section is set forth as amended
25by Public Act 98-1076. Striking and underscoring is used only
26to show changes being made to the base text by this amendatory



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1Act of the 99th General Assembly.
2    (g) Section 1-13 of this Code applies to all procurements
3made on or before the effective date of this amendatory Act of
4the 99th General Assembly.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.