Illinois General Assembly - Full Text of HB4113
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Full Text of HB4113  99th General Assembly




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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 at the Carbondale campus of Southern Illinois
10    University.
11Notice of each contract entered into by a public institution of
12higher education that is related to the procurement of goods
13and services identified in items (1) through (8) of this
14subsection (c) shall be published in the Procurement Bulletin
15within 14 calendar days after contract execution. The Chief
16Procurement Officer shall prescribe the form and content of the
17notice. Each public institution of higher education shall
18provide the Chief Procurement Officer, on a monthly basis, in
19the form and content prescribed by the Chief Procurement
20Officer, a report of contracts that are related to the
21procurement of goods and services identified in this subsection
22(c). At a minimum, this report shall include the name of the
23contractor, a description of the supply or service provided,
24the total amount of the contract, the term of the contract, and
25the exception to this Code utilized. A copy of any or all of
26these contracts shall be made available to the Chief



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1Procurement Officer immediately upon request. The Chief
2Procurement Officer shall submit a report to the Governor and
3General Assembly no later than November 1 of each year that
4shall include, at a minimum, an annual summary of the monthly
5information reported to the Chief Procurement Officer.
6    (d) Except as provided in this subsection (d), the
7provisions of this Code shall not apply to contracts for
8FDA-regulated supplies and to contracts for medical services
9necessary for the delivery of care and treatment at medical,
10dental, or veterinary teaching facilities utilized by Southern
11Illinois University or the University of Illinois. Other
12supplies and services needed for these teaching facilities
13shall be subject to the jurisdiction of the Chief Procurement
14Officer for Public Institutions of Higher Education, who may
15establish expedited procurement procedures and may waive or
16modify certification, contract, hearing, process, and
17registration requirements required by this Code. All
18procurements made under this subsection (d) shall be documented
19and may require publication in the Illinois Procurement
21    (e) Procurements made by or on behalf of public
22institutions of higher education for either of the following
23shall be made in accordance with the requirements of this Code
24to the extent practical as provided in this subsection (e):
25        (1) Contracts with a foreign entity necessary for
26    research or educational activities, provided that the



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1    foreign entity either does not maintain an office in the
2    United States or is the sole source of the service or
3    product.
4        (2) Procurements required for fulfillment of a grant.
5    Upon the written request of a public institution of higher
6education, the Chief Procurement Officer may waive
7registration, certification, and hearing requirements of this
8Code if, based on the item to be procured or the terms of a
9grant, compliance is impractical. The public institution of
10higher education shall provide the Chief Procurement Officer
11with specific reasons for the waiver, including the necessity
12of contracting with a particular potential contractor, and
13shall certify that an effort was made in good faith to comply
14with the provisions of this Code. The Chief Procurement Officer
15shall provide written justification for any waivers. By
16November 1 of each year, the Chief Procurement Officer shall
17file a report with the General Assembly identifying each
18contract approved with waivers and providing the justification
19given for any waivers for each of those contracts. Notice of
20each waiver made under this subsection (e) shall be published
21in the Procurement Bulletin within 14 calendar days after
22contract execution. The Chief Procurement Officer shall
23prescribe the form and content of the notice.
24    (f) Notwithstanding this Section, a waiver of the
25registration requirements of Section 20-160 does not permit a
26business entity and any affiliated entities or affiliated



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1persons to make campaign contributions if otherwise prohibited
2by Section 50-37. The total amount of contracts awarded in
3accordance with this Section shall be included in determining
4the aggregate amount of contracts or pending bids of a business
5entity and any affiliated entities or affiliated persons.
6    (g) Notwithstanding subsection (e) of Section 50-10.5 of
7this Code, the Chief Procurement Officer, with the approval of
8the Executive Ethics Commission, may permit a public
9institution of higher education to accept a bid or enter into a
10contract with a business that assisted the public institution
11of higher education in determining whether there is a need for
12a contract or assisted in reviewing, drafting, or preparing
13documents related to a bid or contract, provided that the bid
14or contract is essential to research administered by the public
15institution of higher education and it is in the best interest
16of the public institution of higher education to accept the bid
17or contract. For purposes of this subsection (g), "business"
18includes all individuals with whom a business is affiliated,
19including, but not limited to, any officer, agent, employee,
20consultant, independent contractor, director, partner,
21manager, or shareholder of a business. The Executive Ethics
22Commission may adopt rules for the implementation and
23administration of the provisions of this subsection (g).
24    (h) This Section is repealed on December 31, 2016.
25    Section 10. The Southern Illinois University Management



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1Act is amended by changing Sections 2, 4, and 5 as follows:
2    (110 ILCS 520/2)  (from Ch. 144, par. 652)
3    Sec. 2. The Board shall consist of 7 members appointed by
4the Governor, by and with the advice and consent of the Senate,
5the Superintendent of Public Instruction, or his chief
6assistant for liaison with higher education when designated to
7serve in his place, ex-officio, and one voting student member
8chosen designated by the Governor from each one campus of the
9University and one nonvoting student member from the campus of
10the University not represented by the voting student member.
11The Governor shall designate one of the student members serving
12on the Board to serve as the voting student member. Each
13student member shall be chosen by the respective campuses of
14Southern Illinois University at Carbondale and Edwardsville.
15The method of choosing these student members shall be by
16campus-wide student election, and any student designated by the
17Governor to be a voting student member shall be one of the
18students chosen by this method. The student members shall serve
19terms of one year beginning on July 1 of each year, except that
20the student members initially selected shall serve a term
21beginning on the date of such selection and expiring on the
22next succeeding June 30. To be eligible for selection as a
23student member and to be eligible to remain as a voting or
24nonvoting student member of the Board, a student member must be
25a resident of this State, must have and maintain a grade point



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1average that is equivalent to at least 2.5 on a 4.0 scale, and
2must be a full time student enrolled at all times during his or
3her term of office except for that part of the term which
4follows the completion of the last full regular semester of an
5academic year and precedes the first full regular semester of
6the succeeding academic year at the university (sometimes
7commonly referred to as the summer session or summer school).
8If a voting or nonvoting student member serving on the Board
9fails to continue to meet or maintain the residency, minimum
10grade point average, or enrollment requirement established by
11this Section, his or her membership on the Board shall be
12deemed to have terminated by operation of law. No more than 4
13of the members appointed by the Governor shall be affiliated
14with the same political party. Each member appointed by the
15Governor must be a resident of this State. A failure to meet or
16maintain this residency requirement constitutes a resignation
17from and creates a vacancy in the Board. Upon the expiration of
18the terms of members appointed by the Governor, their
19respective successors shall be appointed for terms of 6 years
20from the third Monday in January of each odd-numbered year and
21until their respective successors are appointed for like terms.
22If the Senate is not in session appointments shall be made as
23in the case of vacancies.
24(Source: P.A. 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; 92-16,
25eff. 6-28-01.)



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1    (110 ILCS 520/4)  (from Ch. 144, par. 654)
2    Sec. 4. Members of the Board shall serve without
3compensation but shall be entitled to reasonable amounts for
4expenses necessarily incurred in the performance of their
5duties. Such expenses incurred by any non-voting student member
6may, at the discretion of the Chairman of the Board, be
7provided for by advance payment to such member, who shall
8account therefor to the Board immediately after each meeting.
9    No member of the Board shall hold or be employed in or
10appointed to any office or place under the authority of the
11Board, nor shall any member of the Board be directly or
12indirectly interested in any contract made by the Board, nor
13shall he be an employee of the State Government. This section
14does not prohibit the student members of the Board from
15maintaining normal and official status as enrolled students or
16normal student employment at Southern Illinois University.
17(Source: P.A. 93-1096, eff. 1-1-06.)
18    (110 ILCS 520/5)  (from Ch. 144, par. 655)
19    Sec. 5. Members of the Board shall elect annually by secret
20ballot from their own number a chairman who shall preside over
21meetings of the Board and a secretary.
22    Meetings of the Board shall be held at least once each
23quarter on a campus of Southern Illinois University. At all
24regular meetings of the Board, a majority of its voting members
25shall constitute a quorum. The student members shall have all



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