Bill Text: IL SB2729 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Personnel Code, Children and Family Services Act, Illinois Youthbuild Act, Illinois Guaranteed Job Opportunity Act, Mental Health and Developmental Disabilities Administrative Act, Interagency Coordinating Council Act, School Code, Adult Education Act, various Acts relating to the governance of public universities in Illinois, Public Community College Act, Higher Education Student Assistance Act, Illinois Insurance Code, Pharmacy Practice Act, Structural Pest Control Act, Illinois Public Aid Code, Firearm Concealed Carry Act, Illinois Vehicle Code, and Unified Code of Corrections. Changes references relating to General Educational Development (GED) testing and certificates to high school equivalency testing and certificates. Makes technical corrections.

Spectrum: Bipartisan Bill

Status: (Failed) 2015-01-13 - Session Sine Die [SB2729 Detail]

Download: Illinois-2013-SB2729-Amended.html

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Rep. Naomi D. Jakobsson

Filed: 12/1/2014

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AMENDMENT TO SENATE BILL 2729
AMENDMENT NO. ______. Amend Senate Bill 2729, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Procurement Code is amended by
changing Section 1-13 as follows:
(30 ILCS 500/1-13)
(Text of Section before amendment by P.A. 98-1076)
(Section scheduled to be repealed on December 31, 2016)
Sec. 1-13. Applicability to public institutions of higher
education.
(a) This Code shall apply to public institutions of higher
education, regardless of the source of the funds with which
contracts are paid, except as provided in this Section.
(b) Except as provided in this Section, this Code shall not
apply to procurements made by or on behalf of public

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institutions of higher education for any of the following:
(1) Memberships in professional, academic, or athletic
organizations on behalf of a public institution of higher
education, an employee of a public institution of higher
education, or a student at a public institution of higher
education.
(2) Procurement expenditures for events or activities
paid for exclusively by revenues generated by the event or
activity, gifts or donations for the event or activity,
private grants, or any combination thereof.
(3) Procurement expenditures for events or activities
for which the use of specific vendors is mandated or
identified by the sponsor of the event or activity,
provided that the sponsor is providing a majority of the
funding for the event or activity.
(4) Procurement expenditures necessary to provide
artistic or musical services, performances, or productions
held at a venue operated by a public institution of higher
education.
(5) Procurement expenditures for periodicals and books
procured for use by a university library or academic
department, except for expenditures related to procuring
textbooks for student use or materials for resale or
rental.
(8) Procurement expenditures for goods or services
procured through a contract with a vendor approved by the

09800SB2729ham003 - 3 - LRB098 16125 JWD 62489 a
Midwest Higher Education Compact.
Notice of each contract entered into by a public institution of
higher education that is related to the procurement of goods
and services identified in items (1) through (8) (5) of this
subsection shall be published in the Procurement Bulletin
within 14 days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the notice.
Each public institution of higher education shall provide the
Chief Procurement Officer, on a monthly basis, in the form and
content prescribed by the Chief Procurement Officer, a report
of contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. A copy of any or all of these contracts shall be
made available to the Chief Procurement Officer immediately
upon request. The Chief Procurement Officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the Chief
Procurement Officer.
(c) Procurements made by or on behalf of public
institutions of higher education for any of the following shall
be made in accordance with the requirements of this Code to the
extent practical as provided in this subsection:

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(1) Contracts with a foreign entity necessary for
research or educational activities, provided that the
foreign entity either does not maintain an office in the
United States or is the sole source of the service or
product.
(2) Procurements of FDA-regulated goods, products, and
services necessary for the delivery of care and treatment
at medical, dental, or veterinary teaching facilities
utilized by the University of Illinois or Southern Illinois
University.
(3) Contracts for programming and broadcast license
rights for university-operated radio and television
stations.
(4) Procurements required for fulfillment of a grant.
Upon the written request of a public institution of higher
education, the Chief Procurement Officer may waive
registration, certification, and hearing requirements of this
Code if, based on the item to be procured or the terms of a
grant, compliance is impractical. The public institution of
higher education shall provide the Chief Procurement Officer
with specific reasons for the waiver, including the necessity
of contracting with a particular vendor, and shall certify that
an effort was made in good faith to comply with the provisions
of this Code. The Chief Procurement Officer shall provide
written justification for any waivers. By November 1 of each
year, the Chief Procurement Officer shall file a report with

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the General Assembly identifying each contract approved with
waivers and providing the justification given for any waivers
for each of those contracts. Notice of each waiver made under
this subsection shall be published in the Procurement Bulletin
within 14 days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the notice.
(d) Notwithstanding this Section, a waiver of the
registration requirements of Section 20-160 does not permit a
business entity and any affiliated entities or affiliated
persons to make campaign contributions if otherwise prohibited
by Section 50-37. The total amount of contracts awarded in
accordance with this Section shall be included in determining
the aggregate amount of contracts or pending bids of a business
entity and any affiliated entities or affiliated persons.
(e) Notwithstanding subsection (e) of Section 50-10.5 of
this Code, the Chief Procurement Officer, with the approval of
the Executive Ethics Commission, may permit a public
institution of higher education to accept a bid or enter into a
contract with a business that assisted the public institution
of higher education in determining whether there is a need for
a contract or assisted in reviewing, drafting, or preparing
documents related to a bid or contract, provided that the bid
or contract is essential to research administered by the public
institution of higher education and it is in the best interest
of the public institution of higher education to accept the bid
or contract. For purposes of this subsection, "business"

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includes all individuals with whom a business is affiliated,
including, but not limited to, any officer, agent, employee,
consultant, independent contractor, director, partner,
manager, or shareholder of a business. The Executive Ethics
Commission may promulgate rules and regulations for the
implementation and administration of the provisions of this
subsection (e).
(f) As used in this Section:
"Grant" means non-appropriated funding provided by a
federal or private entity to support a project or program
administered by a public institution of higher education and
any non-appropriated funding provided to a sub-recipient of the
grant.
"Public institution of higher education" means Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Southern Illinois
University, University of Illinois, Western Illinois
University, and, for purposes of this Code only, the Illinois
Mathematics and Science Academy.
(g) This Section is repealed on December 31, 2014.
(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12.)
(Text of Section after amendment by P.A. 98-1076)
(Section scheduled to be repealed on December 31, 2014)
Sec. 1-13. Applicability to public institutions of higher

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education.
(a) This Code shall apply to public institutions of higher
education, regardless of the source of the funds with which
contracts are paid, except as provided in this Section.
(b) Except as provided in this Section, this Code shall not
apply to procurements made by or on behalf of public
institutions of higher education for any of the following:
(1) Memberships in professional, academic, research,
or athletic organizations on behalf of a public institution
of higher education, an employee of a public institution of
higher education, or a student at a public institution of
higher education.
(2) Procurement expenditures for events or activities
paid for exclusively by revenues generated by the event or
activity, gifts or donations for the event or activity,
private grants, or any combination thereof.
(3) Procurement expenditures for events or activities
for which the use of specific potential contractors is
mandated or identified by the sponsor of the event or
activity, provided that the sponsor is providing a majority
of the funding for the event or activity.
(4) Procurement expenditures necessary to provide
artistic or musical services, performances, or productions
held at a venue operated by a public institution of higher
education.
(5) Procurement expenditures for periodicals and books

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procured for use by a university library or academic
department, except for expenditures related to procuring
textbooks for student use or materials for resale or
rental.
(6) Procurement expenditures for placement of students
in externships, practicums, field experiences, and medical
residencies and rotations.
(7) Contracts for programming and broadcast license
rights for university-operated radio and television
stations.
(8) Procurement expenditures for goods or services
procured through a contract with a vendor approved by the
Midwest Higher Education Compact.
Notice of each contract entered into by a public institution of
higher education that is related to the procurement of goods
and services identified in items (1) through (8) (7) of this
subsection shall be published in the Procurement Bulletin
within 14 calendar days after contract execution. The Chief
Procurement Officer shall prescribe the form and content of the
notice. Each public institution of higher education shall
provide the Chief Procurement Officer, on a monthly basis, in
the form and content prescribed by the Chief Procurement
Officer, a report of contracts that are related to the
procurement of goods and services identified in this
subsection. At a minimum, this report shall include the name of
the contractor, a description of the supply or service

09800SB2729ham003 - 9 - LRB098 16125 JWD 62489 a
provided, the total amount of the contract, the term of the
contract, and the exception to the Code utilized. A copy of any
or all of these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor and
General Assembly no later than November 1 of each year that
shall include, at a minimum, an annual summary of the monthly
information reported to the Chief Procurement Officer.
(b-5) Except as provided in this subsection, the provisions
of this Code shall not apply to contracts for FDA-regulated
supplies, and to contracts for medical services necessary for
the delivery of care and treatment at medical, dental, or
veterinary teaching facilities utilized by Southern Illinois
University or the University of Illinois. Other supplies and
services needed for these teaching facilities shall be subject
to the jurisdiction of the Chief Procurement Officer for Public
Institutions of Higher Education who may establish expedited
procurement procedures and may waive or modify certification,
contract, hearing, process and registration requirements
required by the Code. All procurements made under this
subsection shall be documented and may require publication in
the Illinois Procurement Bulletin.
(c) Procurements made by or on behalf of public
institutions of higher education for any of the following shall
be made in accordance with the requirements of this Code to the
extent practical as provided in this subsection:

09800SB2729ham003 - 10 - LRB098 16125 JWD 62489 a
(1) Contracts with a foreign entity necessary for
research or educational activities, provided that the
foreign entity either does not maintain an office in the
United States or is the sole source of the service or
product.
(2) (Blank).
(3) (Blank).
(4) Procurements required for fulfillment of a grant.
Upon the written request of a public institution of higher
education, the Chief Procurement Officer may waive
registration, certification, and hearing requirements of this
Code if, based on the item to be procured or the terms of a
grant, compliance is impractical. The public institution of
higher education shall provide the Chief Procurement Officer
with specific reasons for the waiver, including the necessity
of contracting with a particular potential contractor, and
shall certify that an effort was made in good faith to comply
with the provisions of this Code. The Chief Procurement Officer
shall provide written justification for any waivers. By
November 1 of each year, the Chief Procurement Officer shall
file a report with the General Assembly identifying each
contract approved with waivers and providing the justification
given for any waivers for each of those contracts. Notice of
each waiver made under this subsection shall be published in
the Procurement Bulletin within 14 calendar days after contract
execution. The Chief Procurement Officer shall prescribe the

09800SB2729ham003 - 11 - LRB098 16125 JWD 62489 a
form and content of the notice.
(d) Notwithstanding this Section, a waiver of the
registration requirements of Section 20-160 does not permit a
business entity and any affiliated entities or affiliated
persons to make campaign contributions if otherwise prohibited
by Section 50-37. The total amount of contracts awarded in
accordance with this Section shall be included in determining
the aggregate amount of contracts or pending bids of a business
entity and any affiliated entities or affiliated persons.
(e) Notwithstanding subsection (e) of Section 50-10.5 of
this Code, the Chief Procurement Officer, with the approval of
the Executive Ethics Commission, may permit a public
institution of higher education to accept a bid or enter into a
contract with a business that assisted the public institution
of higher education in determining whether there is a need for
a contract or assisted in reviewing, drafting, or preparing
documents related to a bid or contract, provided that the bid
or contract is essential to research administered by the public
institution of higher education and it is in the best interest
of the public institution of higher education to accept the bid
or contract. For purposes of this subsection, "business"
includes all individuals with whom a business is affiliated,
including, but not limited to, any officer, agent, employee,
consultant, independent contractor, director, partner,
manager, or shareholder of a business. The Executive Ethics
Commission may promulgate rules and regulations for the

09800SB2729ham003 - 12 - LRB098 16125 JWD 62489 a
implementation and administration of the provisions of this
subsection (e).
(f) As used in this Section:
"Grant" means non-appropriated funding provided by a
federal or private entity to support a project or program
administered by a public institution of higher education and
any non-appropriated funding provided to a sub-recipient of the
grant.
"Public institution of higher education" means Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Southern Illinois
University, University of Illinois, Western Illinois
University, and, for purposes of this Code only, the Illinois
Mathematics and Science Academy.
(g) This Section is repealed on December 31, 2016.
(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;
98-1076, eff. 1-1-15.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.".