State of Illinois
2015 and 2016


Introduced , by Rep. Jerry F. Costello, II


30 ILCS 500/1-13.5 new
110 ILCS 520/2  from Ch. 144, par. 652
110 ILCS 520/4  from Ch. 144, par. 654
110 ILCS 520/5  from Ch. 144, par. 655

    Amends the Illinois Procurement Code to set forth provisions concerning applicability to public institutions of higher education. Amends the Southern Illinois University Management Act. Provides that the Board of Trustees shall include one voting student member chosen from each campus of the University (instead of one voting student member designated by the Governor from one campus and one nonvoting student member from the campus not represented by the voting student member). Makes corresponding changes. Effective immediately.

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1    AN ACT concerning education.
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
5adding Section 1-13.5 as follows:
6    (30 ILCS 500/1-13.5 new)
7    Sec. 1-13.5. Applicability to public institutions of
8higher education.
9    (a) As used in this Section:
10    "Grant" means non-appropriated funding provided by a
11federal or private entity to support a project or program
12administered by a public institution of higher education and
13any non-appropriated funding provided to a sub-recipient of the
15    "Public institution of higher education" means Chicago
16State University, Eastern Illinois University, Governors State
17University, Illinois State University, Northeastern Illinois
18University, Northern Illinois University, Southern Illinois
19University, the University of Illinois, Western Illinois
20University, and, for purposes of this Code only, the Illinois
21Mathematics and Science Academy.
22    (b) This Code shall apply to public institutions of higher
23education, regardless of the source of the funds with which



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1contracts are paid, except as provided in this Section.
2    (c) Except as provided in this Section, this Code shall not
3apply to procurements made by or on behalf of public
4institutions of higher education for any of the following:
5        (1) Memberships in professional, academic, research,
6    or athletic organizations on behalf of a public institution
7    of higher education, an employee of a public institution of
8    higher education, or a student at a public institution of
9    higher education.
10        (2) Procurement expenditures for events or activities
11    paid for exclusively by revenues generated by the event or
12    activity, gifts or donations for the event or activity,
13    private grants, or any combination thereof.
14        (3) Procurement expenditures for events or activities
15    for which the use of specific potential contractors is
16    mandated or identified by the sponsor of the event or
17    activity, provided that the sponsor is providing a majority
18    of the funding for the event or activity.
19        (4) Procurement expenditures necessary to provide
20    artistic or musical services, performances, or productions
21    held at a venue operated by a public institution of higher
22    education.
23        (5) Procurement expenditures for periodicals and books
24    procured for use by a university library or academic
25    department, except for expenditures related to procuring
26    textbooks for student use or materials for resale or



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1    rental.
2        (6) Procurement expenditures for placement of students
3    in externships, practicums, field experiences, and medical
4    residencies and rotations.
5        (7) Contracts for programming and broadcast license
6    rights for university-operated radio and television
7    stations.
8        (8) Contracts for the printing of a student-run
9    newspaper if the printing press contracted by the public
10    institution of higher education is located in the same
11    municipality as a campus of the public institution of
12    higher education and is owned by a local newspaper of
13    general circulation.
14Notice of each contract entered into by a public institution of
15higher education that is related to the procurement of goods
16and services identified in items (1) through (8) of this
17subsection (c) shall be published in the Procurement Bulletin
18within 14 calendar days after contract execution. The Chief
19Procurement Officer shall prescribe the form and content of the
20notice. Each public institution of higher education shall
21provide the Chief Procurement Officer, on a monthly basis, in
22the form and content prescribed by the Chief Procurement
23Officer, a report of contracts that are related to the
24procurement of goods and services identified in this subsection
25(c). At a minimum, this report shall include the name of the
26contractor, a description of the supply or service provided,



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1the total amount of the contract, the term of the contract, and
2the exception to this Code utilized. A copy of any or all of
3these contracts shall be made available to the Chief
4Procurement Officer immediately upon request. The Chief
5Procurement Officer shall submit a report to the Governor and
6General Assembly no later than November 1 of each year that
7shall include, at a minimum, an annual summary of the monthly
8information reported to the Chief Procurement Officer.
9    (d) Except as provided in this subsection (d), the
10provisions of this Code shall not apply to contracts for
11FDA-regulated supplies and to contracts for medical services
12necessary for the delivery of care and treatment at medical,
13dental, or veterinary teaching facilities utilized by Southern
14Illinois University or the University of Illinois. Other
15supplies and services needed for these teaching facilities
16shall be subject to the jurisdiction of the Chief Procurement
17Officer for Public Institutions of Higher Education, who may
18establish expedited procurement procedures and may waive or
19modify certification, contract, hearing, process, and
20registration requirements required by this Code. All
21procurements made under this subsection (d) shall be documented
22and may require publication in the Illinois Procurement
24    (e) Procurements made by or on behalf of public
25institutions of higher education for either of the following
26shall be made in accordance with the requirements of this Code



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1to the extent practical as provided in this subsection (e):
2        (1) Contracts with a foreign entity necessary for
3    research or educational activities, provided that the
4    foreign entity either does not maintain an office in the
5    United States or is the sole source of the service or
6    product.
7        (2) Procurements required for fulfillment of a grant.
8    Upon the written request of a public institution of higher
9education, the Chief Procurement Officer may waive
10registration, certification, and hearing requirements of this
11Code if, based on the item to be procured or the terms of a
12grant, compliance is impractical. The public institution of
13higher education shall provide the Chief Procurement Officer
14with specific reasons for the waiver, including the necessity
15of contracting with a particular potential contractor, and
16shall certify that an effort was made in good faith to comply
17with the provisions of this Code. The Chief Procurement Officer
18shall provide written justification for any waivers. By
19November 1 of each year, the Chief Procurement Officer shall
20file a report with the General Assembly identifying each
21contract approved with waivers and providing the justification
22given for any waivers for each of those contracts. Notice of
23each waiver made under this subsection (e) shall be published
24in the Procurement Bulletin within 14 calendar days after
25contract execution. The Chief Procurement Officer shall
26prescribe the form and content of the notice.



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1    (f) Notwithstanding this Section, a waiver of the
2registration requirements of Section 20-160 does not permit a
3business entity and any affiliated entities or affiliated
4persons to make campaign contributions if otherwise prohibited
5by Section 50-37. The total amount of contracts awarded in
6accordance with this Section shall be included in determining
7the aggregate amount of contracts or pending bids of a business
8entity and any affiliated entities or affiliated persons.
9    (g) Notwithstanding subsection (e) of Section 50-10.5 of
10this Code, the Chief Procurement Officer, with the approval of
11the Executive Ethics Commission, may permit a public
12institution of higher education to accept a bid or enter into a
13contract with a business that assisted the public institution
14of higher education in determining whether there is a need for
15a contract or assisted in reviewing, drafting, or preparing
16documents related to a bid or contract, provided that the bid
17or contract is essential to research administered by the public
18institution of higher education and it is in the best interest
19of the public institution of higher education to accept the bid
20or contract. For purposes of this subsection (g), "business"
21includes all individuals with whom a business is affiliated,
22including, but not limited to, any officer, agent, employee,
23consultant, independent contractor, director, partner,
24manager, or shareholder of a business. The Executive Ethics
25Commission may adopt rules for the implementation and
26administration of the provisions of this subsection (g).



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1    (h) This Section is repealed on December 31, 2016.
2    Section 10. The Southern Illinois University Management
3Act is amended by changing Sections 2, 4, and 5 as follows:
4    (110 ILCS 520/2)  (from Ch. 144, par. 652)
5    Sec. 2. The Board shall consist of 7 members appointed by
6the Governor, by and with the advice and consent of the Senate,
7the Superintendent of Public Instruction, or his chief
8assistant for liaison with higher education when designated to
9serve in his place, ex-officio, and one voting student member
10chosen designated by the Governor from each one campus of the
11University and one nonvoting student member from the campus of
12the University not represented by the voting student member.
13The Governor shall designate one of the student members serving
14on the Board to serve as the voting student member. Each
15student member shall be chosen by the respective campuses of
16Southern Illinois University at Carbondale and Edwardsville.
17The method of choosing these student members shall be by
18campus-wide student election, and any student designated by the
19Governor to be a voting student member shall be one of the
20students chosen by this method. The student members shall serve
21terms of one year beginning on July 1 of each year, except that
22the student members initially selected shall serve a term
23beginning on the date of such selection and expiring on the
24next succeeding June 30. To be eligible for selection as a



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1student member and to be eligible to remain as a voting or
2nonvoting student member of the Board, a student member must be
3a resident of this State, must have and maintain a grade point
4average that is equivalent to at least 2.5 on a 4.0 scale, and
5must be a full time student enrolled at all times during his or
6her term of office except for that part of the term which
7follows the completion of the last full regular semester of an
8academic year and precedes the first full regular semester of
9the succeeding academic year at the university (sometimes
10commonly referred to as the summer session or summer school).
11If a voting or nonvoting student member serving on the Board
12fails to continue to meet or maintain the residency, minimum
13grade point average, or enrollment requirement established by
14this Section, his or her membership on the Board shall be
15deemed to have terminated by operation of law. No more than 4
16of the members appointed by the Governor shall be affiliated
17with the same political party. Each member appointed by the
18Governor must be a resident of this State. A failure to meet or
19maintain this residency requirement constitutes a resignation
20from and creates a vacancy in the Board. Upon the expiration of
21the terms of members appointed by the Governor, their
22respective successors shall be appointed for terms of 6 years
23from the third Monday in January of each odd-numbered year and
24until their respective successors are appointed for like terms.
25If the Senate is not in session appointments shall be made as
26in the case of vacancies.



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1(Source: P.A. 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; 92-16,
2eff. 6-28-01.)
3    (110 ILCS 520/4)  (from Ch. 144, par. 654)
4    Sec. 4. Members of the Board shall serve without
5compensation but shall be entitled to reasonable amounts for
6expenses necessarily incurred in the performance of their
7duties. Such expenses incurred by any non-voting student member
8may, at the discretion of the Chairman of the Board, be
9provided for by advance payment to such member, who shall
10account therefor to the Board immediately after each meeting.
11    No member of the Board shall hold or be employed in or
12appointed to any office or place under the authority of the
13Board, nor shall any member of the Board be directly or
14indirectly interested in any contract made by the Board, nor
15shall he be an employee of the State Government. This section
16does not prohibit the student members of the Board from
17maintaining normal and official status as enrolled students or
18normal student employment at Southern Illinois University.
19(Source: P.A. 93-1096, eff. 1-1-06.)
20    (110 ILCS 520/5)  (from Ch. 144, par. 655)
21    Sec. 5. Members of the Board shall elect annually by secret
22ballot from their own number a chairman who shall preside over
23meetings of the Board and a secretary.
24    Meetings of the Board shall be held at least once each



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1quarter on a campus of Southern Illinois University. At all
2regular meetings of the Board, a majority of its voting members
3shall constitute a quorum. The student members shall have all
4of the privileges of membership, including the right to make
5and second motions and to attend executive sessions and , other
6than the right to vote, except that the student member
7designated by the Governor as the voting student member shall
8have the right to vote on all Board matters except those
9involving faculty tenure, faculty promotion or any issue on
10which the student member has a direct conflict of interest. A
11student member who is not entitled to vote on a measure at a
12meeting of the Board or any of its committees shall not be
13considered a member for the purpose of determining whether a
14quorum is present at the time that measure is voted upon. No
15action of the Board shall be invalidated by reason of any
16vacancies on the Board, or by reason of any failure to select a
17student member.
18    Special meetings of the Board may be called by the chairman
19of the Board or by any 3 members of the Board.
20    At each regular and special meeting that is open to the
21public, members of the public and employees of the University
22shall be afforded time, subject to reasonable constraints, to
23make comments to or ask questions of the Board.
24(Source: P.A. 91-715, eff. 1-1-01; 91-778, eff. 1-1-01; 92-16,
25eff. 6-28-01.)
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.