Bill Amendment: IL HB2996 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: UNIVERSITY OF IL COMMITMENT
Status: 2019-01-08 - Session Sine Die [HB2996 Detail]
Download: Illinois-2017-HB2996-House_Amendment_001.html
Bill Title: UNIVERSITY OF IL COMMITMENT
Status: 2019-01-08 - Session Sine Die [HB2996 Detail]
Download: Illinois-2017-HB2996-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2996
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2 | AMENDMENT NO. ______. Amend House Bill 2996 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.878 as follows:
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6 | (30 ILCS 105/5.878 new) | ||||||
7 | Sec. 5.878. The Illinois Excellence Fund.
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8 | Section 10. The Illinois Procurement Code is amended by | ||||||
9 | reenacting and changing Section 1-13, by changing Sections | ||||||
10 | 1-10, 1-15.20, 1-15.93, 1-15.107, 5-30, 20-20, 20-43, 20-80, | ||||||
11 | 20-160, 30-30, 35-30, and 40-25, and by adding Sections 1-13.1 | ||||||
12 | and 1-15.46 as follows:
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13 | (30 ILCS 500/1-10)
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14 | Sec. 1-10. Application.
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1 | (a) This Code applies only to procurements for which | ||||||
2 | bidders, offerors, potential contractors, or contractors were | ||||||
3 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
4 | be construed to affect
or impair any contract, or any provision | ||||||
5 | of a contract, entered into based on a
solicitation prior to | ||||||
6 | the implementation date of this Code as described in
Article | ||||||
7 | 99, including but not limited to any covenant entered into with | ||||||
8 | respect
to any revenue bonds or similar instruments.
All | ||||||
9 | procurements for which contracts are solicited between the | ||||||
10 | effective date
of Articles 50 and 99 and July 1, 1998 shall be | ||||||
11 | substantially in accordance
with this Code and its intent.
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12 | (b) This Code shall apply regardless of the source of the | ||||||
13 | funds with which
the contracts are paid, including federal | ||||||
14 | assistance moneys.
This Code shall
not apply to:
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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.
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19 | (2) Grants, except for the filing requirements of | ||||||
20 | Section 20-80.
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21 | (3) Purchase of care.
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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.
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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.
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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.
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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
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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.
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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 | ||||||
14 | entered into under item (12) of this subsection (b) shall be | ||||||
15 | published in the Procurement Bulletin within 14 calendar days | ||||||
16 | after contract execution. The chief procurement officer shall | ||||||
17 | prescribe the form and content of the notice. The Illinois | ||||||
18 | Finance Authority shall provide the chief procurement officer, | ||||||
19 | on a monthly basis, in the form and content prescribed by the | ||||||
20 | chief procurement officer, a report of contracts that are | ||||||
21 | related to the procurement of goods and services identified in | ||||||
22 | item (12) of this subsection (b). At a minimum, this report | ||||||
23 | shall include the name of the contractor, a description of the | ||||||
24 | supply or service provided, the total amount of the contract, | ||||||
25 | the term of the contract, and the exception to the Code | ||||||
26 | utilized. A copy of each of these contracts shall be made |
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1 | available to the chief procurement officer immediately upon | ||||||
2 | request. The chief procurement officer shall submit a report to | ||||||
3 | the Governor and General Assembly no later than November 1 of | ||||||
4 | each year that shall include, at a minimum, an annual summary | ||||||
5 | of the monthly information reported to the chief procurement | ||||||
6 | officer. | ||||||
7 | (c) This Code does not apply to the electric power | ||||||
8 | procurement process provided for under Section 1-75 of the | ||||||
9 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
10 | Utilities Act. | ||||||
11 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
12 | and as expressly required by Section 9.1 of the Illinois | ||||||
13 | Lottery Law, the provisions of this Code do not apply to the | ||||||
14 | procurement process provided for under Section 9.1 of the | ||||||
15 | Illinois Lottery Law. | ||||||
16 | (e) This Code does not apply to the process used by the | ||||||
17 | Capital Development Board to retain a person or entity to | ||||||
18 | assist the Capital Development Board with its duties related to | ||||||
19 | the determination of costs of a clean coal SNG brownfield | ||||||
20 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
21 | Agency Act, as required in subsection (h-3) of Section 9-220 of | ||||||
22 | the Public Utilities Act, including calculating the range of | ||||||
23 | capital costs, the range of operating and maintenance costs, or | ||||||
24 | the sequestration costs or monitoring the construction of clean | ||||||
25 | coal SNG brownfield facility for the full duration of | ||||||
26 | construction. |
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1 | (f) This Code does not apply to the process used by the | ||||||
2 | Illinois Power Agency to retain a mediator to mediate sourcing | ||||||
3 | agreement disputes between gas utilities and the clean coal SNG | ||||||
4 | brownfield facility, as defined in Section 1-10 of the Illinois | ||||||
5 | Power Agency Act, as required under subsection (h-1) of Section | ||||||
6 | 9-220 of the Public Utilities Act. | ||||||
7 | (g) This Code does not apply to the processes used by the | ||||||
8 | Illinois Power Agency to retain a mediator to mediate contract | ||||||
9 | disputes between gas utilities and the clean coal SNG facility | ||||||
10 | and to retain an expert to assist in the review of contracts | ||||||
11 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
12 | Act. This Code does not apply to the process used by the | ||||||
13 | Illinois Commerce Commission to retain an expert to assist in | ||||||
14 | determining the actual incurred costs of the clean coal SNG | ||||||
15 | facility and the reasonableness of those costs as required | ||||||
16 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
17 | Act. | ||||||
18 | (h) This Code does not apply to the process to procure or | ||||||
19 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
20 | 11-5.3 of the Illinois Public Aid Code. | ||||||
21 | (i) Each chief procurement officer may access records | ||||||
22 | necessary to review whether a contract, purchase, or other | ||||||
23 | expenditure is or is not subject to the provisions of this | ||||||
24 | Code, unless such records would be subject to attorney-client | ||||||
25 | privilege. | ||||||
26 | (j) This Code does not apply to the process used by the |
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1 | Capital Development Board to retain an artist or work or works | ||||||
2 | of art as required in Section 14 of the Capital Development | ||||||
3 | Board Act. | ||||||
4 | (k) This Code does not apply to the process to procure | ||||||
5 | contracts, or contracts entered into, by the State Board of | ||||||
6 | Elections or the State Electoral Board for hearing officers | ||||||
7 | appointed pursuant to the Election Code. | ||||||
8 | (Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | ||||||
9 | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | ||||||
10 | 1-1-15; 99-801, eff. 1-1-17 .)
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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 | ||||||
14 | education. | ||||||
15 | (a) This Code shall apply to public institutions of higher | ||||||
16 | education, regardless of the source of the funds with which | ||||||
17 | contracts are paid, except as provided in this Section. | ||||||
18 | (b) Except as provided in this Section, this Code shall not | ||||||
19 | apply to procurements made by or on behalf of public | ||||||
20 | institutions 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. | ||||||
21 | Notice of each contract entered into by a public institution of | ||||||
22 | higher education that is related to the procurement of goods | ||||||
23 | and services identified in items (1) through (14) (7) of this | ||||||
24 | subsection shall be published in the Procurement Bulletin | ||||||
25 | within 14 calendar days after contract execution. The Chief | ||||||
26 | Procurement Officer shall prescribe the form and content of the |
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1 | notice. Each public institution of higher education shall | ||||||
2 | provide the Chief Procurement Officer, on a monthly basis, in | ||||||
3 | the form and content prescribed by the Chief Procurement | ||||||
4 | Officer, a report of contracts that are related to the | ||||||
5 | procurement of goods and services identified in this | ||||||
6 | subsection. At a minimum, this report shall include the name of | ||||||
7 | the contractor, a description of the supply or service | ||||||
8 | provided, the total amount of the contract, the term of the | ||||||
9 | contract, and the exception to the Code utilized. A copy of any | ||||||
10 | or all of these contracts shall be made available to the Chief | ||||||
11 | Procurement Officer immediately upon request. The Chief | ||||||
12 | Procurement Officer shall submit a report to the Governor and | ||||||
13 | General Assembly no later than November 1 of each year that | ||||||
14 | shall include, at a minimum, an annual summary of the monthly | ||||||
15 | information reported to the Chief Procurement Officer. | ||||||
16 | (b-5) Except as provided in this subsection, the provisions | ||||||
17 | of this Code shall not apply to contracts for medical | ||||||
18 | FDA-regulated supplies , and to contracts for medical services | ||||||
19 | necessary for the delivery of care and treatment at medical, | ||||||
20 | dental, or veterinary teaching facilities utilized by Southern | ||||||
21 | Illinois University or the University of Illinois and at any | ||||||
22 | university-operated health care center or dispensary that | ||||||
23 | provides care, treatment, and medications for students, | ||||||
24 | faculty and staff . Other supplies and services needed for these | ||||||
25 | teaching facilities shall be subject to the jurisdiction of the | ||||||
26 | Chief Procurement Officer for Public Institutions of Higher |
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1 | Education who may establish expedited procurement procedures | ||||||
2 | and may waive or modify certification, contract, hearing, | ||||||
3 | process and registration requirements required by the Code. All | ||||||
4 | procurements made under this subsection shall be documented and | ||||||
5 | may require publication in the Illinois Procurement Bulletin. | ||||||
6 | (c) Procurements made by or on behalf of public | ||||||
7 | institutions of higher education for any of the following shall | ||||||
8 | be made in accordance with the requirements of this Code to the | ||||||
9 | extent 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 | ||||||
19 | education, the Chief Procurement Officer may waive | ||||||
20 | registration, certification, and hearing requirements of this | ||||||
21 | Code if, based on the item to be procured or the terms of a | ||||||
22 | grant, compliance is impractical. The public institution of | ||||||
23 | higher education shall provide the Chief Procurement Officer | ||||||
24 | with specific reasons for the waiver, including the necessity | ||||||
25 | of contracting with a particular potential contractor, and | ||||||
26 | shall certify that an effort was made in good faith to comply |
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1 | with the provisions of this Code. The Chief Procurement Officer | ||||||
2 | shall provide written justification for any waivers. By | ||||||
3 | November 1 of each year, the Chief Procurement Officer shall | ||||||
4 | file a report with the General Assembly identifying each | ||||||
5 | contract approved with waivers and providing the justification | ||||||
6 | given for any waivers for each of those contracts. Notice of | ||||||
7 | each waiver made under this subsection shall be published in | ||||||
8 | the Procurement Bulletin within 14 calendar days after contract | ||||||
9 | execution. The Chief Procurement Officer shall prescribe the | ||||||
10 | form and content of the notice. | ||||||
11 | (d) Notwithstanding this Section, a waiver of the | ||||||
12 | registration requirements of Section 20-160 does not permit a | ||||||
13 | business entity and any affiliated entities or affiliated | ||||||
14 | persons to make campaign contributions if otherwise prohibited | ||||||
15 | by Section 50-37. The total amount of contracts awarded in | ||||||
16 | accordance with this Section shall be included in determining | ||||||
17 | the aggregate amount of contracts or pending bids of a business | ||||||
18 | entity and any affiliated entities or affiliated persons. | ||||||
19 | (e) Notwithstanding subsection (e) of Section 50-10.5 of | ||||||
20 | this Code, the Chief Procurement Officer, with the approval of | ||||||
21 | the Executive Ethics Commission, may permit a public | ||||||
22 | institution of higher education to accept a bid or enter into a | ||||||
23 | contract with a business that assisted the public institution | ||||||
24 | of higher education in determining whether there is a need for | ||||||
25 | a contract or assisted in reviewing, drafting, or preparing | ||||||
26 | documents related to a bid or contract, provided that the bid |
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1 | or contract is essential to research administered by the public | ||||||
2 | institution of higher education and it is in the best interest | ||||||
3 | of the public institution of higher education to accept the bid | ||||||
4 | or contract. For purposes of this subsection, "business" | ||||||
5 | includes all individuals with whom a business is affiliated, | ||||||
6 | including, but not limited to, any officer, agent, employee, | ||||||
7 | consultant, independent contractor, director, partner, | ||||||
8 | manager, or shareholder of a business. The Executive Ethics | ||||||
9 | Commission may promulgate rules and regulations for the | ||||||
10 | implementation and administration of the provisions of this | ||||||
11 | subsection (e). | ||||||
12 | (f) As used in this Section: | ||||||
13 | "Grant" means non-appropriated funding provided by a | ||||||
14 | federal or private entity to support a project or program | ||||||
15 | administered by a public institution of higher education and | ||||||
16 | any non-appropriated funding provided to a sub-recipient of the | ||||||
17 | grant. | ||||||
18 | "Public institution of higher education" means Chicago | ||||||
19 | State University, Eastern Illinois University, Governors State | ||||||
20 | University, Illinois State University, Northeastern Illinois | ||||||
21 | University, Northern Illinois University, Southern Illinois | ||||||
22 | University, University of Illinois, Western Illinois | ||||||
23 | University, and, for purposes of this Code only, the Illinois | ||||||
24 | Mathematics and Science Academy. | ||||||
25 | (g) (Blank). This Section is repealed on December 31, 2016.
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26 | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; |
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1 | 98-1076, eff. 1-1-15 .)
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2 | (30 ILCS 500/1-13.1 new) | ||||||
3 | Sec. 1-13.1. Continuation of Section 1-13 of this Code; | ||||||
4 | validation. | ||||||
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 | ||||||
25 | General Assembly that Section 1-13 of this Code not be subject |
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1 | to repeal on December 31, 2014. | ||||||
2 | (c) Section 1-13 of this Code shall be deemed to have been | ||||||
3 | in continuous effect since December 20, 2011 (the effective | ||||||
4 | date of Public Act 97-643), and it shall continue to be in | ||||||
5 | effect henceforward until it is otherwise lawfully repealed. | ||||||
6 | All previously enacted amendments to Section 1-13 of this Code | ||||||
7 | taking effect on or after December 31, 2014, are hereby | ||||||
8 | validated. | ||||||
9 | (d) All actions taken in reliance on or pursuant to Section | ||||||
10 | 1-13 of this Code by any public institution of higher | ||||||
11 | education, person, or entity are hereby validated. | ||||||
12 | (e) In order to ensure the continuing effectiveness of | ||||||
13 | Section 1-13 of this Code, it is set forth in full and | ||||||
14 | re-enacted by this amendatory Act of the 100th General | ||||||
15 | Assembly. This re-enactment is intended as a continuation of | ||||||
16 | that Section. It is not intended to supersede any amendment to | ||||||
17 | that Section that is enacted by the 100th General Assembly. | ||||||
18 | (f) In this amendatory Act of the 100th General Assembly, | ||||||
19 | the base text of the reenacted Section is set forth as amended | ||||||
20 | by Public Act 98-1076. Striking and underscoring is used only | ||||||
21 | to show changes being made to the base text. | ||||||
22 | (g) Section 1-13 of this Code applies to all procurements | ||||||
23 | made on or before the effective date of this amendatory Act of | ||||||
24 | the 100th General Assembly.
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25 | (30 ILCS 500/1-15.20)
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1 | Sec. 1-15.20. Construction ; and construction-related | ||||||
2 | services ; and construction support services .
"Construction" | ||||||
3 | means
building, altering, repairing,
improving, or demolishing | ||||||
4 | any public structure or building, or
making improvements of any | ||||||
5 | kind
to public real property. Construction does not include the
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6 | routine operation, routine repair, or
routine maintenance of | ||||||
7 | existing structures, buildings, or real
property.
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8 | "Construction-related services" means those services | ||||||
9 | including construction
design, layout, inspection, support, | ||||||
10 | feasibility or location study, research,
development, | ||||||
11 | planning, or other investigative study undertaken by a
| ||||||
12 | construction agency concerning construction or potential | ||||||
13 | construction.
| ||||||
14 | "Construction support" means all equipment, supplies, and | ||||||
15 | services that are necessary to the operation of a construction | ||||||
16 | agency's construction program. "Construction support" does not | ||||||
17 | include 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 | ||||||
21 | definite quantity, indefinite quantity, or requirements | ||||||
22 | contract awarded in accordance with this Code, against which | ||||||
23 | subsequent orders may be placed to meet the needs of a State | ||||||
24 | purchasing entity. A master contract may be for use by a single | ||||||
25 | State purchasing entity or for multiple State purchasing |
| |||||||
| |||||||
1 | entities and other entities as authorized under the | ||||||
2 | Governmental 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 | ||||||
6 | design-bid-build procurement delivery method for a building | ||||||
7 | construction project in which the Capital Development Board or | ||||||
8 | a public institution of higher education is the construction | ||||||
9 | agency procuring 2 or more subdivisions of work enumerated in | ||||||
10 | paragraphs (1) through (5) of subsection (a) of Section 30-30 | ||||||
11 | of this Code under a single contract. This Section is repealed | ||||||
12 | on 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 | ||||||
16 | between a person and a person who has a contract subject to | ||||||
17 | this Code, pursuant to which the subcontractor provides to the | ||||||
18 | contractor, or, if the contract price exceeds $100,000 $50,000 , | ||||||
19 | another subcontractor, some or all of the goods, services, real | ||||||
20 | property, remuneration, or other monetary forms of | ||||||
21 | consideration that are the subject of the primary contract and | ||||||
22 | includes, among other things, subleases from a lessee of a | ||||||
23 | State agency. For purposes of this Code, a "subcontract" does | ||||||
24 | not include purchases of goods or supplies that are incidental |
| |||||||
| |||||||
1 | to the performance of a contract by a person who has a contract | ||||||
2 | subject 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 | ||||||
7 | calendar days after notice of the awarding or letting of a | ||||||
8 | contract has appeared in the Procurement Bulletin in accordance | ||||||
9 | with subsection (b) of Section 15-25, the Board may request in | ||||||
10 | writing from the contracting agency and the contracting agency | ||||||
11 | shall promptly, but in no event later than 7 calendar days | ||||||
12 | after receipt of the request, provide to the Board, by | ||||||
13 | electronic or other means satisfactory to the Board, | ||||||
14 | documentation in the possession of the contracting agency | ||||||
15 | concerning the proposed contract. Nothing in this subsection is | ||||||
16 | intended to waive or abrogate any privilege or right of | ||||||
17 | confidentiality authorized by law. | ||||||
18 | (b) No contract subject to this Section may be entered into | ||||||
19 | until the 14-day 30-day period described in subsection (a) has | ||||||
20 | expired, unless the contracting agency requests in writing that | ||||||
21 | the Board waive the period and the Board grants the waiver in | ||||||
22 | writing.
| ||||||
23 | (c) This Section does not apply to (i) contracts entered | ||||||
24 | into under this Code for small and emergency procurements as | ||||||
25 | those procurements are defined in Article 20 and (ii) contracts |
| |||||||
| |||||||
1 | for professional and artistic services that are nonrenewable, | ||||||
2 | one year or less in duration, and have a value of less than | ||||||
3 | $20,000. If requested in writing by the Board, however, the | ||||||
4 | contracting agency must promptly, but in no event later than 10 | ||||||
5 | calendar days after receipt of the request, transmit to the | ||||||
6 | Board a copy of the contract for an emergency procurement and | ||||||
7 | documentation in the possession of the contracting agency | ||||||
8 | concerning 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
| ||||||
13 | services other than professional
or artistic services, not | ||||||
14 | exceeding $100,000 $10,000 and any procurement of
construction | ||||||
15 | not exceeding $100,000, or any individual procurement of | ||||||
16 | professional or artistic services not exceeding $100,000
| ||||||
17 | $30,000 may be made without competitive sealed bidding.
| ||||||
18 | Procurements shall not be artificially
divided so as to | ||||||
19 | constitute a small purchase under this Section. Any procurement | ||||||
20 | of construction not exceeding $100,000 may be made by an | ||||||
21 | alternative competitive source selection. The construction | ||||||
22 | agency shall establish rules for an alternative competitive | ||||||
23 | source selection process. This Section does not apply to | ||||||
24 | construction-related professional services contracts awarded | ||||||
25 | in accordance with the provisions of the Architectural, |
| |||||||
| |||||||
1 | Engineering, and Land Surveying Qualifications Based Selection | ||||||
2 | Act.
| ||||||
3 | (b) Adjustment. Each July 1, the small purchase maximum
| ||||||
4 | established in subsection (a)
shall be adjusted for inflation | ||||||
5 | as determined by the Consumer
Price Index for All Urban | ||||||
6 | Consumers as determined by the United States
Department of | ||||||
7 | Labor and rounded to the nearest $100.
| ||||||
8 | (c) Based upon rules proposed by the Board and rules | ||||||
9 | promulgated by the
chief procurement officers, the small | ||||||
10 | purchase 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 | ||||||
14 | business or conduct affairs do business in Illinois. In | ||||||
15 | addition to meeting any other requirement of law or rule, a | ||||||
16 | person (other than an individual acting as a sole proprietor) | ||||||
17 | may qualify as a bidder or offeror under this Code only if the | ||||||
18 | person is a legal entity prior to submitting the bid, offer, or | ||||||
19 | proposal. The legal entity must be authorized to transact | ||||||
20 | business or conduct affairs in Illinois prior to execution of | ||||||
21 | the 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.
|
| |||||||
| |||||||
1 | (a) Written determinations. All written determinations
| ||||||
2 | required under this Article shall
be placed in the contract | ||||||
3 | file maintained by the chief procurement officer.
| ||||||
4 | (b) Filing with Comptroller. Whenever a grant, defined | ||||||
5 | pursuant to
accounting standards established by the | ||||||
6 | Comptroller, or a contract
liability,
except for:
(1) contracts | ||||||
7 | paid
from personal services, or
(2) contracts between the State | ||||||
8 | and its
employees to defer
compensation in accordance with | ||||||
9 | Article 24 of the Illinois Pension Code , or (3) contracts paid | ||||||
10 | from non-State appropriations ,
exceeding $20,000 is incurred | ||||||
11 | by any
State agency, a copy of the contract, purchase order, | ||||||
12 | grant, or
lease shall be filed with the
Comptroller within 30 | ||||||
13 | calendar days thereafter. Beginning January 1, 2013, the | ||||||
14 | Comptroller may require that contracts and grants required to | ||||||
15 | be filed with the Comptroller under this Section shall be filed | ||||||
16 | electronically, unless the agency is incapable of filing the | ||||||
17 | contract or grant electronically because it does not possess | ||||||
18 | the necessary technology or equipment. Any agency that is | ||||||
19 | incapable of electronically filing its contracts or grants | ||||||
20 | shall submit a written statement to the Governor and to the | ||||||
21 | Comptroller attesting to the reasons for its inability to | ||||||
22 | comply. This statement shall include a discussion of what the | ||||||
23 | agency needs in order to effectively comply with this Section. | ||||||
24 | Prior to requiring electronic filing, the Comptroller shall | ||||||
25 | consult with the Governor as to the feasibility of establishing | ||||||
26 | mutually agreeable technical standards for the electronic |
| |||||||
| |||||||
1 | document imaging, storage, and transfer of contracts and | ||||||
2 | grants, taking into consideration the technology available to | ||||||
3 | that agency, best practices, and the technological | ||||||
4 | capabilities of State agencies. Nothing in this amendatory Act | ||||||
5 | of the 97th General Assembly shall be construed to impede the | ||||||
6 | implementation of an Enterprise Resource Planning (ERP) | ||||||
7 | system. For each State contract for goods, supplies, or | ||||||
8 | services awarded on or after July 1, 2010, the contracting | ||||||
9 | agency shall provide the applicable rate and unit of | ||||||
10 | measurement of the goods, supplies, or services on the contract | ||||||
11 | obligation document as required by the Comptroller. If the | ||||||
12 | contract obligation document that is submitted to the | ||||||
13 | Comptroller contains the rate and unit of measurement of the | ||||||
14 | goods, supplies, or services, the Comptroller shall provide | ||||||
15 | that information on his or her official website. Any | ||||||
16 | cancellation or
modification to any such contract
liability | ||||||
17 | shall be filed with the Comptroller within 30 calendar days of
| ||||||
18 | its execution.
| ||||||
19 | (c) Late filing affidavit. When a contract, purchase order, | ||||||
20 | grant,
or lease required to be
filed by this Section has not | ||||||
21 | been filed within 30 calendar days of
execution, the | ||||||
22 | Comptroller shall refuse
to issue a warrant for payment | ||||||
23 | thereunder until the agency files
with the Comptroller the
| ||||||
24 | contract, purchase order, grant, or lease and an affidavit, | ||||||
25 | signed by the
chief executive officer of the
agency or his or | ||||||
26 | her designee, setting forth an explanation of why
the contract |
| |||||||
| |||||||
1 | liability was not
filed within 30 calendar days of execution. A | ||||||
2 | copy of this affidavit shall
be filed with the Auditor
General.
| ||||||
3 | (d) Timely execution of contracts. No
voucher shall be | ||||||
4 | submitted to the
Comptroller for a warrant to be drawn for the | ||||||
5 | payment of money
from the State treasury or from
other funds | ||||||
6 | held by the State Treasurer on account of any contract unless | ||||||
7 | the
contract is reduced to writing
before the services are | ||||||
8 | performed and filed with the Comptroller. Vendors shall not be | ||||||
9 | paid for any goods that were received or services that were | ||||||
10 | rendered before the contract was reduced to writing and signed | ||||||
11 | by all necessary parties. A chief procurement officer may | ||||||
12 | request an exception to this subsection by submitting a written | ||||||
13 | statement to the Comptroller and Treasurer setting forth the | ||||||
14 | circumstances and reasons why the contract could not be reduced | ||||||
15 | to writing before the supplies were received or services were | ||||||
16 | performed. A waiver of this subsection must be approved by the | ||||||
17 | Comptroller and Treasurer. This Section shall not apply to | ||||||
18 | emergency purchases if notice of the emergency purchase is | ||||||
19 | filed with the Procurement Policy Board and published in the | ||||||
20 | Bulletin as required by this Code.
| ||||||
21 | (e) Method of source selection. When a contract is filed
| ||||||
22 | with the Comptroller under this
Section, the Comptroller's file | ||||||
23 | shall identify the method of
source selection used in obtaining | ||||||
24 | the
contract.
| ||||||
25 | (Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | (30 ILCS 500/20-160)
| ||||||
2 | Sec. 20-160. Business entities; certification; | ||||||
3 | registration with the State Board of Elections. | ||||||
4 | (a) For purposes of this Section, the terms "business | ||||||
5 | entity", "contract", "State contract", "contract with a State | ||||||
6 | agency", "State agency", "affiliated entity", and "affiliated | ||||||
7 | person" have the meanings ascribed to those terms in Section | ||||||
8 | 50-37. | ||||||
9 | (b) Every bid and offer submitted to and every contract | ||||||
10 | executed by the State on or after January 1, 2009 (the | ||||||
11 | effective date of Public Act 95-971) and every submission to a | ||||||
12 | vendor portal shall contain (1) a certification by the bidder, | ||||||
13 | offeror, vendor, or contractor that either (i) the bidder, | ||||||
14 | offeror, vendor, or contractor is not required to register as a | ||||||
15 | business entity with the State Board of Elections pursuant to | ||||||
16 | this Section or (ii) the bidder, offeror, vendor, or contractor | ||||||
17 | has registered as a business entity with the State Board of | ||||||
18 | Elections and acknowledges a continuing duty to update the | ||||||
19 | registration and (2) a statement that the contract is voidable | ||||||
20 | under Section 50-60 for the bidder's, offeror's, vendor's, or | ||||||
21 | contractor's failure to comply with this Section. | ||||||
22 | (c) Each business entity (i) whose aggregate bids and | ||||||
23 | proposals on State contracts annually total more than $50,000, | ||||||
24 | (ii) whose aggregate bids and proposals on State contracts | ||||||
25 | combined with the business entity's aggregate annual total | ||||||
26 | value of State contracts exceed $50,000, or (iii) whose |
| |||||||
| |||||||
1 | contracts with State agencies, in the aggregate, annually total | ||||||
2 | more than $50,000 shall register with the State Board of | ||||||
3 | Elections in accordance with Section 9-35 of the Election Code. | ||||||
4 | A business entity required to register under this subsection | ||||||
5 | due to item (i) or (ii) has a continuing duty to ensure that | ||||||
6 | the registration is accurate during the period beginning on the | ||||||
7 | date of registration and ending on the day after the date the | ||||||
8 | contract is awarded; any change in information must be reported | ||||||
9 | to the State Board of Elections 5 business days following such | ||||||
10 | change or no later than a day before the contract is awarded, | ||||||
11 | whichever date is earlier. A business entity required to | ||||||
12 | register under this subsection due to item (iii) has a | ||||||
13 | continuing duty to ensure that the registration is accurate in | ||||||
14 | accordance with subsection (e). | ||||||
15 | (d) Any business entity, not required under subsection (c) | ||||||
16 | to register, whose aggregate bids and proposals on State | ||||||
17 | contracts annually total more than $50,000, or whose aggregate | ||||||
18 | bids and proposals on State contracts combined with the | ||||||
19 | business entity's aggregate annual total value of State | ||||||
20 | contracts exceed $50,000, shall register with the State Board | ||||||
21 | of Elections in accordance with Section 9-35 of the Election | ||||||
22 | Code prior to submitting to a State agency the bid or proposal | ||||||
23 | whose value causes the business entity to fall within the | ||||||
24 | monetary description of this subsection. A business entity | ||||||
25 | required to register under this subsection has a continuing | ||||||
26 | duty to ensure that the registration is accurate during the |
| |||||||
| |||||||
1 | period beginning on the date of registration and ending on the | ||||||
2 | day after the date the contract is awarded. Any change in | ||||||
3 | information must be reported to the State Board of Elections | ||||||
4 | within 5 business days following such change or no later than a | ||||||
5 | day before the contract is awarded, whichever date is earlier. | ||||||
6 | (e) A business entity whose contracts with State agencies, | ||||||
7 | in the aggregate, annually total more than $50,000 must | ||||||
8 | maintain its registration under this Section and has a | ||||||
9 | continuing duty to ensure that the registration is accurate for | ||||||
10 | the duration of the term of office of the incumbent | ||||||
11 | officeholder awarding the contracts or for a period of 2 years | ||||||
12 | following the expiration or termination of the contracts, | ||||||
13 | whichever is longer. A business entity, required to register | ||||||
14 | under this subsection, has a continuing duty to report any | ||||||
15 | changes on a quarterly basis to the State Board of Elections | ||||||
16 | within 14 calendar days following the last day of January, | ||||||
17 | April, July, and October of each year. Any update pursuant to | ||||||
18 | this paragraph that is received beyond that date is presumed | ||||||
19 | late and the civil penalty authorized by subsection (e) of | ||||||
20 | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | ||||||
21 | assessed. | ||||||
22 | Also, if a business entity required to register under this | ||||||
23 | subsection has a pending bid or offer, any change in | ||||||
24 | information shall be reported to the State Board of Elections | ||||||
25 | within 7 calendar days following such change or no later than a | ||||||
26 | day before the contract is awarded, whichever date is earlier. |
| |||||||
| |||||||
1 | (f) A business entity's continuing duty under this Section | ||||||
2 | to ensure the accuracy of its registration includes the | ||||||
3 | requirement that the business entity notify the State Board of | ||||||
4 | Elections of any change in information, including but not | ||||||
5 | limited to changes of affiliated entities or affiliated | ||||||
6 | persons. | ||||||
7 | (g) For any bid or offer for a contract with a State agency | ||||||
8 | by a business entity required to register under this Section, | ||||||
9 | the chief procurement officer may shall verify that the | ||||||
10 | business entity is required to register under this Section and | ||||||
11 | is in compliance with the registration requirements on the date | ||||||
12 | the bid or offer is due. A chief procurement officer shall not | ||||||
13 | accept a bid or offer if the business entity is not in | ||||||
14 | compliance with the registration requirements as of the date | ||||||
15 | bids or offers are due. Upon discovery of noncompliance with | ||||||
16 | this Section, if the bidder or offeror made a good faith effort | ||||||
17 | to comply with registration efforts prior to the date the bid | ||||||
18 | or offer was due, a chief procurement officer may provide the | ||||||
19 | bidder or offeror 5 business days to achieve compliance. The | ||||||
20 | chief procurement officer may extend the time to prove | ||||||
21 | compliance by as long as necessary in the event that there is a | ||||||
22 | failure within the State Board of Elections's registration | ||||||
23 | system. | ||||||
24 | (h) A registration, and any changes to a registration, must | ||||||
25 | include the business entity's verification of accuracy and | ||||||
26 | subjects the business entity to the penalties of the laws of |
| |||||||
| |||||||
1 | this State for perjury. | ||||||
2 | In addition to any penalty under Section 9-35 of the | ||||||
3 | Election Code, intentional, willful, or material failure to | ||||||
4 | disclose information required for registration shall render | ||||||
5 | the contract, bid, offer, or other procurement relationship | ||||||
6 | voidable by the chief procurement officer if he or she deems it | ||||||
7 | to be in the best interest of the State of Illinois. | ||||||
8 | (i) This Section applies regardless of the method of source | ||||||
9 | selection used in awarding the contract.
| ||||||
10 | (Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12; | ||||||
11 | 98-1076, 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 | ||||||
15 | December 31, 2019. | ||||||
16 | For
building construction contracts in excess of
$250,000, | ||||||
17 | separate specifications may be prepared for all
equipment, | ||||||
18 | labor, and materials in
connection with the following 5 | ||||||
19 | subdivisions 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 |
| |||||||
| |||||||
1 | those systems;
| ||||||
2 | (4) electric wiring; and
| ||||||
3 | (5) general contract work.
| ||||||
4 | The specifications may be so drawn as to permit separate | ||||||
5 | and
independent bidding upon
each of the 5 subdivisions of | ||||||
6 | work. All contracts awarded
for any part thereof may
award the | ||||||
7 | 5 subdivisions of work separately to responsible and
reliable | ||||||
8 | persons, firms, or
corporations engaged in these classes of | ||||||
9 | work. The contracts, at
the discretion of the
construction | ||||||
10 | agency, may be assigned to the successful bidder on
the general | ||||||
11 | contract work or
to the successful bidder on the subdivision of | ||||||
12 | work designated by
the construction agency before
the bidding | ||||||
13 | as the prime subdivision of work, provided that all
payments | ||||||
14 | will be made directly
to the contractors for the 5 subdivisions | ||||||
15 | of work upon compliance
with the conditions of the
contract.
| ||||||
16 | Beginning on the effective date of this amendatory Act of | ||||||
17 | the 99th General Assembly and through December 31, 2019, for | ||||||
18 | single prime projects: (i) the bid of the successful low bidder | ||||||
19 | shall identify the name of the subcontractor, if any, and the | ||||||
20 | bid proposal costs for each of the 5 subdivisions of work set | ||||||
21 | forth in this Section; (ii) the contract entered into with the | ||||||
22 | successful bidder shall provide that no identified | ||||||
23 | subcontractor may be terminated without the written consent of | ||||||
24 | the Capital Development Board; (iii) the contract shall comply | ||||||
25 | with the disadvantaged business practices of the Business | ||||||
26 | Enterprise for Minorities, Females, and Persons with |
| |||||||
| |||||||
1 | Disabilities Act and the equal employment practices of Section | ||||||
2 | 2-105 of the Illinois Human Rights Act; (iv) the Capital | ||||||
3 | Development Board and public institutions of higher education | ||||||
4 | shall submit a quarterly report to the Procurement Policy Board | ||||||
5 | with information on the general scope, project budget, and | ||||||
6 | established Business Enterprise Program goals for any single | ||||||
7 | prime procurement bid in the previous 3 months with a total | ||||||
8 | construction cost valued at $10,000,000 or less; and (v) the | ||||||
9 | Capital Development Board and public institutions of higher | ||||||
10 | education shall submit an annual report to the General Assembly | ||||||
11 | and Governor on the bidding, award, and performance of all | ||||||
12 | single prime projects. | ||||||
13 | For building construction projects with a total | ||||||
14 | construction cost valued at $5,000,000 or less, the Capital | ||||||
15 | Development Board and public institutions of higher education | ||||||
16 | shall not use the single prime procurement delivery method for | ||||||
17 | more than 50% of the total number of projects bid for each | ||||||
18 | fiscal year. Any project with a total construction cost valued | ||||||
19 | greater than $5,000,000 may be bid using single prime at the | ||||||
20 | discretion of the Executive Director of the Capital Development | ||||||
21 | Board or the president of a public institution of higher | ||||||
22 | education, as applicable . | ||||||
23 | Beginning on the effective date of this amendatory Act of | ||||||
24 | the 99th General Assembly and through December 31, 2017, the | ||||||
25 | Capital Development Board and public institutions of higher | ||||||
26 | education shall, on a weekly basis: review the projects that |
| |||||||
| |||||||
1 | have been designed, and approved to bid; and, for every fifth | ||||||
2 | determination to use the single prime procurement delivery | ||||||
3 | method for a project under $10,000,000, submit to the | ||||||
4 | Procurement Policy Board a written notice of its intent to use | ||||||
5 | the single prime method on the project. The notice shall | ||||||
6 | include the reasons for using the single prime method and an | ||||||
7 | explanation of why the use of that method is in the best | ||||||
8 | interest of the State. The Capital Development Board or a | ||||||
9 | public institution of higher education, as applicable, shall | ||||||
10 | post the notice on its online procurement webpage and on the | ||||||
11 | online Procurement Bulletin at least 3 business days following | ||||||
12 | submission. The Procurement Policy Board shall review and | ||||||
13 | provide its decision on the use of the single prime method for | ||||||
14 | every fifth use of the single prime procurement delivery method | ||||||
15 | for a project under $10,000,000 within 7 business days of | ||||||
16 | receipt of the notice from the Capital Development Board or the | ||||||
17 | public institution of higher education, as applicable . | ||||||
18 | Approval by the Procurement Policy Board shall not be | ||||||
19 | unreasonably withheld and shall be provided unless the | ||||||
20 | Procurement Policy Board finds that the use of the single prime | ||||||
21 | method is not in the best interest of the State. Any decision | ||||||
22 | by the Procurement Policy Board to disapprove the use of the | ||||||
23 | single prime method shall be made in writing to the Capital | ||||||
24 | Development Board or the public institution of higher | ||||||
25 | education, as applicable , posted on the online Procurement | ||||||
26 | Bulletin, and shall state the reasons why the single prime |
| |||||||
| |||||||
1 | method was disapproved and why it is not in the best interest | ||||||
2 | of the State. For the requirements under this Section, the | ||||||
3 | Capital Development Board shall have responsibility for only | ||||||
4 | those projects that are managed pursuant to the Capital | ||||||
5 | Development Board Act. | ||||||
6 | (b) The provisions of this subsection are operative on and | ||||||
7 | after January 1, 2020.
For building construction contracts in | ||||||
8 | excess of $250,000, separate specifications shall be prepared | ||||||
9 | for all equipment, labor, and materials in connection with the | ||||||
10 | following 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 | ||||||
21 | and independent bidding upon each of the 5 subdivisions of | ||||||
22 | work. All contracts awarded for any part thereof shall award | ||||||
23 | the 5 subdivisions of work separately to responsible and | ||||||
24 | reliable persons, firms, or corporations engaged in these | ||||||
25 | classes of work. The contracts, at the discretion of the | ||||||
26 | construction agency, may be assigned to the successful bidder |
| |||||||
| |||||||
1 | on the general contract work or to the successful bidder on the | ||||||
2 | subdivision of work designated by the construction agency | ||||||
3 | before the bidding as the prime subdivision of work, provided | ||||||
4 | that all payments will be made directly to the contractors for | ||||||
5 | the 5 subdivisions of work upon compliance with the conditions | ||||||
6 | of the contract. | ||||||
7 | (Source: P.A. 98-431, eff. 8-16-13; 98-1076, eff. 1-1-15; | ||||||
8 | 99-257, eff. 8-4-15.)
| ||||||
9 | (30 ILCS 500/35-30) | ||||||
10 | Sec. 35-30. Awards. | ||||||
11 | (a) All State contracts for professional and artistic | ||||||
12 | services, except as
provided in this Section, shall be awarded | ||||||
13 | using the
competitive request for proposal process outlined in | ||||||
14 | this Section. | ||||||
15 | (b) For each contract offered, the chief procurement | ||||||
16 | officer, State
purchasing officer, or his or her designee shall | ||||||
17 | use the appropriate standard
solicitation
forms
available from | ||||||
18 | the chief procurement officer for matters other than | ||||||
19 | construction or the higher
education chief procurement | ||||||
20 | officer. | ||||||
21 | (c) Prepared forms shall be submitted to the chief | ||||||
22 | procurement officer for matters other than construction or the | ||||||
23 | higher education chief procurement officer,
whichever is | ||||||
24 | appropriate, for
publication in its Illinois Procurement | ||||||
25 | Bulletin and circulation to the chief procurement officer for |
| |||||||
| |||||||
1 | matters other than construction
or the higher education chief | ||||||
2 | procurement officer's list of
prequalified vendors. Notice of | ||||||
3 | the offer or request for
proposal shall appear at least 14 | ||||||
4 | calendar days before the response to the offer is due. | ||||||
5 | (d) All interested respondents shall return their | ||||||
6 | responses to the chief procurement officer for matters other | ||||||
7 | than construction
or the higher education chief procurement | ||||||
8 | officer,
whichever is appropriate, which shall open
and record | ||||||
9 | them. The chief procurement officer for matters other than | ||||||
10 | construction or higher education chief procurement officer
| ||||||
11 | then shall forward the responses, together
with any
information | ||||||
12 | it has available about the qualifications and other State work
| ||||||
13 | of the respondents. | ||||||
14 | (e) After evaluation, ranking, and selection, the | ||||||
15 | responsible chief
procurement officer, State purchasing | ||||||
16 | officer, or
his or her designee shall notify the chief | ||||||
17 | procurement officer for matters other than construction
or the | ||||||
18 | higher education chief procurement officer, whichever is | ||||||
19 | appropriate,
of the successful respondent and shall forward
a | ||||||
20 | copy of the signed contract for the chief procurement officer | ||||||
21 | for matters other than construction or higher education chief
| ||||||
22 | procurement officer's file. The chief procurement officer for | ||||||
23 | matters other than construction or higher education chief
| ||||||
24 | procurement officer shall
publish the names of the
responsible | ||||||
25 | procurement decision-maker,
the agency letting the contract, | ||||||
26 | the
successful respondent, a contract reference, and value of |
| |||||||
| |||||||
1 | the let contract
in the next appropriate volume of the Illinois | ||||||
2 | Procurement Bulletin. | ||||||
3 | (f) For all professional and artistic contracts with | ||||||
4 | annualized value
that exceeds $100,000 $25,000 , evaluation and | ||||||
5 | ranking by price are required. Any chief
procurement officer or | ||||||
6 | State purchasing officer,
but not their designees, may select a | ||||||
7 | respondent other than the lowest respondent by
price. In any | ||||||
8 | case, when the contract exceeds the $100,000 $25,000 threshold | ||||||
9 | and
the lowest respondent is not selected, the chief | ||||||
10 | procurement officer or the State
purchasing officer shall | ||||||
11 | forward together
with the contract notice of who the low | ||||||
12 | respondent by price was and a written decision as
to why | ||||||
13 | another was selected to the chief procurement officer for | ||||||
14 | matters other than construction or
the higher education chief | ||||||
15 | procurement officer, whichever is appropriate.
The chief | ||||||
16 | procurement officer for matters other than construction or | ||||||
17 | higher education chief procurement officer shall publish as
| ||||||
18 | provided in subsection (e) of Section 35-30,
but
shall include | ||||||
19 | notice of the chief procurement officer's or State purchasing
| ||||||
20 | officer's written decision. | ||||||
21 | (g) The chief procurement officer for matters other than | ||||||
22 | construction and higher education chief
procurement officer | ||||||
23 | may each refine, but not
contradict, this Section by | ||||||
24 | promulgating rules
for submission to the Procurement Policy | ||||||
25 | Board and then to the Joint Committee
on Administrative Rules. | ||||||
26 | Any
refinement shall be based on the principles and procedures |
| |||||||
| |||||||
1 | of the federal
Architect-Engineer Selection Law, Public Law | ||||||
2 | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | ||||||
3 | Surveying Qualifications Based Selection
Act; except that | ||||||
4 | pricing 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
| ||||||
9 | 10 years inclusive, beginning January, 1, 2010, of proposed | ||||||
10 | contract renewals and shall include
a termination option in | ||||||
11 | favor of the State after 5 years. The duration of any lease for | ||||||
12 | real property entered into by a public institution of higher | ||||||
13 | education that requires a capital improvement in excess of | ||||||
14 | $100,000 as a condition of the lease may exceed 10 years, but | ||||||
15 | not more than 30 years, if the governing board of a public | ||||||
16 | institution of higher education, during a public hearing, | ||||||
17 | determines that a lease in excess of 10 years is required or | ||||||
18 | necessary for the use or benefit of that public institution of | ||||||
19 | higher education and that the lease is in the best interest of | ||||||
20 | the public institution of higher education. On July 1, 2022 and | ||||||
21 | every 5 years thereafter, the capital improvement minimum | ||||||
22 | established in this subsection (a) shall be adjusted for | ||||||
23 | inflation by the chief procurement officer for higher education | ||||||
24 | as determined by the Consumer Price Index for All Urban | ||||||
25 | Consumers as determined by the United States Department of |
| |||||||
| |||||||
1 | Labor and rounded to the nearest $100.
| ||||||
2 | (b) Renewal. Leases may include a renewal option. An
option | ||||||
3 | to renew may be
exercised only when a State purchasing officer | ||||||
4 | determines in
writing that renewal is in the best
interest of | ||||||
5 | the State and notice of the exercise of the option is published | ||||||
6 | in
the appropriate volume of the Procurement Bulletin at least | ||||||
7 | 60 calendar days prior to
the exercise of the option.
| ||||||
8 | (c) Subject to appropriation. All leases shall recite that
| ||||||
9 | they are subject to termination
and cancellation in any year | ||||||
10 | for which the General Assembly fails
to make an appropriation | ||||||
11 | to
make payments under the terms of the lease.
| ||||||
12 | (d) Holdover. Beginning January 1, 2010, no lease may | ||||||
13 | continue on a month-to-month or other holdover basis for a | ||||||
14 | total of more than 6 months. Beginning July 1, 2010, the | ||||||
15 | Comptroller shall withhold payment of leases beyond this | ||||||
16 | holdover period. | ||||||
17 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
18 | Section 15. The State Property Control Act is amended by | ||||||
19 | changing 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 | ||||||
22 | includes all real
estate, with the exception of rights of way | ||||||
23 | for State water resource and
highway improvements, traffic | ||||||
24 | signs and traffic signals, and with the
exception of common |
| |||||||
| |||||||
1 | school property; and all tangible personal property with
the | ||||||
2 | exception of properties specifically exempted by the | ||||||
3 | administrator,
provided that any property originally | ||||||
4 | classified as real property which
has been detached from its | ||||||
5 | structure shall be classified as personal property.
| ||||||
6 | "Property" does not include property owned by the Illinois | ||||||
7 | Medical District
Commission and leased or occupied by others | ||||||
8 | for purposes permitted under the
Illinois Medical District Act. | ||||||
9 | "Property" also does not include property owned
and held by the | ||||||
10 | Illinois Medical District Commission for redevelopment.
| ||||||
11 | "Property" does not include property described under | ||||||
12 | Section 5 of
Public Act 92-371
with respect to depositing the | ||||||
13 | net proceeds from the sale or exchange of the
property as | ||||||
14 | provided in Section 10 of that Act.
| ||||||
15 | "Property" does not include that property described under | ||||||
16 | Section 5 of Public Act 94-405.
| ||||||
17 | "Property" does not include real property owned or operated | ||||||
18 | by the Illinois Power Agency or any electricity generated on | ||||||
19 | that real property or by the Agency. For purposes of this | ||||||
20 | subsection only, "real property" includes any interest in land, | ||||||
21 | all buildings and improvements located thereon, and all | ||||||
22 | fixtures and equipment used or designed for the production and | ||||||
23 | transmission of electricity located thereon.
| ||||||
24 | "Property" does not include tangible personal property | ||||||
25 | owned by the Board of Trustees of the University of Illinois | ||||||
26 | utilized for purposes permitted under the University of |
| |||||||
| |||||||
1 | Illinois Act. | ||||||
2 | (Source: P.A. 94-405, eff. 8-2-05; 95-331, eff. 8-21-07; | ||||||
3 | 95-481, 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 | ||||||
6 | permanent record of
all items of tangible personal property | ||||||
7 | under his jurisdiction and control, provided the
administrator | ||||||
8 | may exempt tangible personal property of nominal value or in
| ||||||
9 | the nature of consumable supplies, or both; and provided | ||||||
10 | further that
"textbooks" as defined in Section 18-17 of The | ||||||
11 | School Code shall be
exempted by the administrator after those | ||||||
12 | textbooks have been on loan
pursuant to that Section for a | ||||||
13 | period of 5 years or more. The listing shall
include all | ||||||
14 | property being acquired under agreements which are required by
| ||||||
15 | the State Comptroller to be capitalized for inclusion in the | ||||||
16 | statewide
financial statements. Each responsible officer shall | ||||||
17 | submit a listing of the
permanent record at least annually to | ||||||
18 | the administrator in such format as
the administrator shall | ||||||
19 | require. The record may be submitted in either hard
copy or | ||||||
20 | computer readable form. The administrator may require more | ||||||
21 | frequent
submissions when in the opinion of the administrator | ||||||
22 | the agency records are
not sufficiently reliable to justify | ||||||
23 | annual submissions.
| ||||||
24 | (Source: P.A. 85-432; 86-1288.)
|
| |||||||
| |||||||
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 | ||||||
3 | administrator
may require each responsible officer to make, or | ||||||
4 | cause to be made, an
actual physical inventory check of all | ||||||
5 | items of tangible personal property under his
jurisdiction and | ||||||
6 | control and said inventory shall be certified to the
| ||||||
7 | administrator with a full accounting of all errors or | ||||||
8 | exceptions 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 | ||||||
12 | policy of
this State, and the General Assembly determines, that | ||||||
13 | it is in the best
interest of the people of this State to | ||||||
14 | expend the least amount of funds
possible on the purchase of | ||||||
15 | furniture.
| ||||||
16 | Agencies that desire to purchase new furniture shall first | ||||||
17 | check with the
administrator if any of the surplus furniture | ||||||
18 | under the administrator's control
can be used in place of new | ||||||
19 | furniture. If an agency finds that it is unable to
use the | ||||||
20 | surplus property, the agency shall file an affidavit with the
| ||||||
21 | administrator prior to any purchase, specifying the types of | ||||||
22 | new furniture to
be bought, the quantities of each type of new | ||||||
23 | furniture, the cost per type, and
the total cost per category. | ||||||
24 | The affidavit shall also clearly state why the
furniture must | ||||||
25 | be purchased new as opposed to obtained from the |
| |||||||
| |||||||
1 | administrator's
surplus. The affidavits shall be made | ||||||
2 | available by the administrator for
public inspection and | ||||||
3 | copying.
| ||||||
4 | This Section applies only to the purchase of an item of | ||||||
5 | furniture with a
purchase price of $500 or more.
| ||||||
6 | For the purposes of this Section, "agency" does not include | ||||||
7 | the 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 | ||||||
11 | transferable property
and shall have authority to take | ||||||
12 | possession and control of such property
in order to transfer or | ||||||
13 | assign any such property to any other State agency
that has | ||||||
14 | need or use for such property or to dispose of said property in
| ||||||
15 | accordance with Section 7 of this Act.
| ||||||
16 | The Administrator may not dispose of a transferable | ||||||
17 | airplane by sale until
he or she determines that
(i) the agency | ||||||
18 | no longer has a need for the airplane, (ii) the airplane will
| ||||||
19 | not be used as a trade-in on another aircraft, and (iii)
no | ||||||
20 | public university or college in Illinois that
offers courses in | ||||||
21 | aviation, flight training, or other subjects involving
| ||||||
22 | knowledge of the workings of an airplane has listed the need | ||||||
23 | for an airplane as
provided in this Section.
| ||||||
24 | Responsible officers shall periodically report all | ||||||
25 | transferable property
at locations under their jurisdictions |
| |||||||
| |||||||
1 | to the Administrator. The Administrator
shall review such | ||||||
2 | reports and arrange for physical examination of said property
| ||||||
3 | if necessary to determine if said items of transferable | ||||||
4 | property should
be transferred to another State agency, | ||||||
5 | transferred to a central warehouse,
or disposed of. The | ||||||
6 | Administrator shall advise responsible officers of
the results | ||||||
7 | of these reviews as necessary.
| ||||||
8 | The staff under the jurisdiction of the Administrator shall | ||||||
9 | review as
necessary
State agencies' inventories for potential | ||||||
10 | items of transferable property.
If in the opinion of the | ||||||
11 | Administrator's staff, any property appears to
be | ||||||
12 | transferable, the Administrator shall notify the responsible | ||||||
13 | officer
of his determination. The executive head of the agency | ||||||
14 | holding the property
in question may appeal the determination | ||||||
15 | in writing to the Administrator.
| ||||||
16 | The Administrator will review the determination in | ||||||
17 | accordance with rules
and procedures established pursuant to | ||||||
18 | Section 5 of this Act.
| ||||||
19 | The Administrator shall maintain lists of transferable | ||||||
20 | property and of
State agency needs for such property and will | ||||||
21 | transfer where appropriate listed
transferable property to | ||||||
22 | agencies listing their needs for such property
as detailed by | ||||||
23 | their responsible officers.
The Administrator must give | ||||||
24 | priority for transfer of an airplane, that is not
to be used as | ||||||
25 | a trade-in, to a public
university or college in Illinois that | ||||||
26 | offers courses in aviation, flight
training, or other subjects |
| |||||||
| |||||||
1 | involving knowledge of the workings of an airplane
and that has | ||||||
2 | listed the need for an airplane.
| ||||||
3 | (b) The Board of Trustees of the University of Illinois | ||||||
4 | shall transfer or assign to the Administrator, for disposition | ||||||
5 | in accordance with subsection (b) of Section 7, any tangible | ||||||
6 | personal property in its possession, custody, or control that | ||||||
7 | would 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 | ||||||
10 | adding Sections 100, 105, and 110 as follows:
| ||||||
11 | (110 ILCS 305/100 new) | ||||||
12 | Sec. 100. University of Illinois Investment, Performance, | ||||||
13 | and Accountability Commitment. | ||||||
14 | (a) This Section may be referred to as the University of | ||||||
15 | Illinois Investment, Performance, and Accountability | ||||||
16 | Commitment. | ||||||
17 | (b) For Fiscal Year 2018, the General Assembly shall | ||||||
18 | appropriate and the State Comptroller shall make available to | ||||||
19 | the University an amount for operations that is not less than | ||||||
20 | $647,186,400. For Fiscal Year 2019 and every fiscal year | ||||||
21 | thereafter, the General Assembly shall appropriate, before the | ||||||
22 | beginning of each fiscal year, an amount not less than the | ||||||
23 | amount appropriated for operations in the prior fiscal year, | ||||||
24 | increased by a percentage equal to the percentage increase, if |
| |||||||
| |||||||
1 | any, in the Consumer Price Index for All Urban Consumers | ||||||
2 | (CPI-U) published by the Bureau of Labor Statistics of the | ||||||
3 | United States Department of Labor for the 12 months ending on | ||||||
4 | the previous December 31, and the State Comptroller shall make | ||||||
5 | available to the University within 12 months from the effective | ||||||
6 | date of the appropriation an amount for operations that is not | ||||||
7 | less than the amount appropriated and made available to the | ||||||
8 | University for the prior fiscal year. | ||||||
9 | (c) In this subsection (c), "mandatory fees" excludes | ||||||
10 | mandatory fees approved by students by referendum. Beginning | ||||||
11 | with the 2018-2019 academic year, the Board of Trustees may not | ||||||
12 | increase the base rate of in-State, undergraduate tuition and | ||||||
13 | mandatory fees by more than the rate of inflation, if any, as | ||||||
14 | measured by the Consumer Price Index for all Urban Consumers | ||||||
15 | (CPI-U) published by the Bureau of Labor Statistics of the | ||||||
16 | United States Department of Labor for the 12 months ending on | ||||||
17 | the previous December 31 above the base rate of in-State, | ||||||
18 | undergraduate tuition and mandatory fees set by the Board of | ||||||
19 | Trustees for an undergraduate academic program in the previous | ||||||
20 | academic year. This subsection (c) does not apply to health | ||||||
21 | insurance fees, fees approved prior to the effective date of | ||||||
22 | this amendatory Act of the 100th General Assembly, or fees | ||||||
23 | approved by a student referendum. | ||||||
24 | (d) For Fiscal Year 2018 and every fiscal year thereafter, | ||||||
25 | the University shall implement the Invest in Illinoisans | ||||||
26 | program to provide to residents of this State $170,000,000 in |
| |||||||
| |||||||
1 | annual financial aid. A percentage of this financial aid shall | ||||||
2 | be provided annually to Illinois students of historically | ||||||
3 | underrepresented populations. Such students shall include the | ||||||
4 | following: | ||||||
5 | (1) students who are Black or African American, | ||||||
6 | Hispanic or Latino, American Indian or Alaska Native, or | ||||||
7 | Native Hawaiian or Other Pacific Islander; | ||||||
8 | (2) students from counties in this State from which the | ||||||
9 | University of Illinois at Urbana-Champaign campus, the | ||||||
10 | University of Illinois at Chicago campus, and the | ||||||
11 | University of Illinois at Springfield campus combined have | ||||||
12 | enrolled on average 2 or fewer students from the county | ||||||
13 | over the last 3 years; and | ||||||
14 | (3) students from families who are classified as in | ||||||
15 | poverty with an expected family contribution equal to zero. | ||||||
16 | (e) For the 2018-2019 academic year and every academic year | ||||||
17 | thereafter, the University shall achieve performance goals | ||||||
18 | defined by all of the following key performance indicators: | ||||||
19 | (1) The Board of Trustees shall admit as new and | ||||||
20 | transfer students no fewer than 14,000 residents of this | ||||||
21 | State in undergraduate programs at the University of | ||||||
22 | Illinois at Urbana-Champaign campus, 11,800 residents of | ||||||
23 | this State in undergraduate programs at the University of | ||||||
24 | Illinois at Chicago campus, and 1,500 residents of this | ||||||
25 | State in undergraduate programs at the University of | ||||||
26 | Illinois at Springfield campus, provided the requisite |
| |||||||
| |||||||
1 | number of residents of this State seeking admission to | ||||||
2 | undergraduate programs at the University meet the | ||||||
3 | requirements of Section 8 of this Act. Residents of this | ||||||
4 | State must comprise at least 50%, combined, of any growth | ||||||
5 | in on-campus undergraduate enrollment above the level for | ||||||
6 | the 2015-2016 academic year. | ||||||
7 | (2) The University shall maintain a first-to-second | ||||||
8 | year retention rate in undergraduate programs greater than | ||||||
9 | or equal to a combined 87% at the University of Illinois at | ||||||
10 | Urbana-Champaign campus, the University of Illinois at | ||||||
11 | Chicago campus, and the University of Illinois at | ||||||
12 | Springfield campus. | ||||||
13 | (3) The University shall maintain a 6-year graduation | ||||||
14 | rate for first-time freshmen in undergraduate programs | ||||||
15 | greater than or equal to a combined 72% at the University | ||||||
16 | of Illinois at Urbana-Champaign campus, the University of | ||||||
17 | Illinois at Chicago campus, and the University of Illinois | ||||||
18 | at Springfield campus. | ||||||
19 | For any academic year in which the University does not meet | ||||||
20 | or exceed the key performance indicators listed in this | ||||||
21 | subsection (e), the appropriation required by subsection (b) of | ||||||
22 | this Section for the following fiscal year may be adjusted | ||||||
23 | appropriately by the passage of a joint resolution of the | ||||||
24 | General Assembly. However, any adjustment made under this | ||||||
25 | subsection (e) must not be the basis for any future fiscal year | ||||||
26 | appropriation under subsection (b) of this Section. If an |
| |||||||
| |||||||
1 | adjustment is made under this subsection (e), the basis for any | ||||||
2 | future fiscal year appropriation under subsection (b) of this | ||||||
3 | Section must be the previous fiscal year in which an adjustment | ||||||
4 | was not made. | ||||||
5 | (f) Beginning September 1, 2018 and every September 1 | ||||||
6 | thereafter, the University shall publish on its website and | ||||||
7 | make publicly available an annual report related to the | ||||||
8 | previous academic and fiscal year at the University of Illinois | ||||||
9 | at Urbana-Champaign campus, at the University of Illinois at | ||||||
10 | Chicago campus, and at the University of Illinois at | ||||||
11 | Springfield campus. The annual report shall include all of the | ||||||
12 | following information: | ||||||
13 | (1) The number of first-time freshmen enrolled. | ||||||
14 | (2) The number of new transfer students enrolled. | ||||||
15 | (3) The number of undergraduates enrolled who are | ||||||
16 | residents of this State. | ||||||
17 | (4) The number of underrepresented minority | ||||||
18 | undergraduate students enrolled. | ||||||
19 | (5) The total undergraduate enrollment. | ||||||
20 | (6) The number of undergraduate degrees issued. | ||||||
21 | (7) The number of graduate degrees issued. | ||||||
22 | (8) The number of professional degrees issued. | ||||||
23 | (9) The total number of degrees issued. | ||||||
24 | (10) The number of science, technology, engineering, | ||||||
25 | and mathematics degrees issued. | ||||||
26 | (11) The direct appropriation per undergraduate |
| |||||||
| |||||||
1 | degree. | ||||||
2 | (12) The direct appropriation per undergraduate degree | ||||||
3 | issued to a resident of this State. | ||||||
4 | (13) The direct appropriation as a percentage of total | ||||||
5 | expenditures. | ||||||
6 | (14) The number of undergraduate students enrolled in | ||||||
7 | each college of each campus. | ||||||
8 | (15) The number of undergraduate students who are | ||||||
9 | residents of this State enrolled in each college of each | ||||||
10 | campus. | ||||||
11 | (g) The requirements of subsections (c), (d), and (e) of | ||||||
12 | this Section are not applicable to the University in any fiscal | ||||||
13 | year in which the General Assembly fails to appropriate and the | ||||||
14 | State Comptroller fails to make available the amounts required | ||||||
15 | under subsection (b) of this Section. | ||||||
16 | (h) This Section is repealed on June 30, 2022.
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17 | (110 ILCS 305/105 new) | ||||||
18 | Sec. 105. Certificates of participation for capital | ||||||
19 | improvements. | ||||||
20 | (a) For the purposes of this Section, "Commission" means | ||||||
21 | the Commission on Government Forecasting and Accountability. | ||||||
22 | (b) The power of the Board of Trustees to enter into | ||||||
23 | contracts includes the power to enter into financing agreements | ||||||
24 | in connection with the financing of capital improvements, | ||||||
25 | including technology or other related improvements, by selling |
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1 | certificates of participation in the installment payments made | ||||||
2 | under such financing agreements. These financing agreements | ||||||
3 | may be entered into for any period of time less than or equal | ||||||
4 | to 30 years, but not to exceed the useful life of the capital | ||||||
5 | improvement. Nothing in this Section authorizes the Board to | ||||||
6 | incur State debt, as that term is defined in subsection (a) of | ||||||
7 | Section 9 of Article IX of the Constitution of the State of | ||||||
8 | Illinois. | ||||||
9 | (c) Upon determination by the Board to undertake a | ||||||
10 | transaction for the sale of certificates of participation and | ||||||
11 | enter into related financing agreements in connection with the | ||||||
12 | financing of capital improvements, the Board shall adopt a | ||||||
13 | resolution or resolutions describing in a general way the | ||||||
14 | contemplated facilities or a combination thereof designated as | ||||||
15 | the project, the estimated cost thereof, and any additional | ||||||
16 | relevant information. | ||||||
17 | (d) Before issuance of any certificate of participation, | ||||||
18 | the Board or its representatives shall appear before the | ||||||
19 | Commission and present the details of the proposal. This | ||||||
20 | presentation shall include such information as the Commission | ||||||
21 | may request in relation to the proposed certificate of | ||||||
22 | participation issuance. This information shall include, but is | ||||||
23 | not limited to, the amount being financed, the nature of the | ||||||
24 | project being financed, the proposed funding stream to pay for | ||||||
25 | the certificate of participation issuance, the current | ||||||
26 | outstanding indebtedness of the University, and the status of |
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1 | all currently issued certificates of participation. | ||||||
2 | Upon receipt of a request by the University for a | ||||||
3 | certificate of participation presentation, the Commission | ||||||
4 | shall hold a public hearing and, upon adoption by a vote of the | ||||||
5 | majority of appointed members, issue a record of findings in | ||||||
6 | regards to the issuance of the certificate of participation | ||||||
7 | within 60 days after the request. | ||||||
8 | As part of the Commission's considerations and findings, | ||||||
9 | the Commission shall consider the effect the issuance of a | ||||||
10 | certificate of participation shall have on the University's | ||||||
11 | annual debt service and overall fiscal condition. | ||||||
12 | Within the Commission's findings must be a statement in | ||||||
13 | which the Commission makes a recommendation to the University | ||||||
14 | as to proceeding with the certificate of participation | ||||||
15 | issuance. The recommendation shall be either (i) "favorably | ||||||
16 | recommended", (ii) "recommended with concerns", or (iii) | ||||||
17 | "non-support of issuance". | ||||||
18 | The Commission shall report the findings within 15 days | ||||||
19 | after the hearing to all of the following: | ||||||
20 | (1) The Speaker of the House of Representatives. | ||||||
21 | (2) The Minority Leader of the House of | ||||||
22 | Representatives. | ||||||
23 | (3) The President of the Senate. | ||||||
24 | (4) The Minority Leader of the Senate. | ||||||
25 | (5) The Governor's Office of Management and Budget. | ||||||
26 | (6) The President of the University. |
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1 | Upon a finding of "non-support of issuance", the University | ||||||
2 | may not proceed with the issuance of the certificate of | ||||||
3 | participation involved in the finding without the approval of | ||||||
4 | the General Assembly through the adoption of a joint | ||||||
5 | resolution. | ||||||
6 | (e) Upon receipt of the external Auditor General audit | ||||||
7 | report of each year, the University shall file with the | ||||||
8 | Commission a report stating the status of all outstanding | ||||||
9 | certificates of participation the University has issued and a | ||||||
10 | copy of the annual budget as approved by the Board. | ||||||
11 | (f) Each issuance of a certificate of participation shall | ||||||
12 | include within the appropriate documents related to its | ||||||
13 | execution the following statement, which sets forth required | ||||||
14 | limitations in relation to the certificate: | ||||||
15 | "THE BOARD OF TRUSTEES' OBLIGATION TO MAKE INSTALLMENT | ||||||
16 | PAYMENTS DOES NOT CONSTITUTE A DEBT OF THE BOARD OR THE STATE | ||||||
17 | OF ILLINOIS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR | ||||||
18 | STATUTORY LIMITATION. THE INSTALLMENT PAYMENTS REQUIRED UNDER | ||||||
19 | CERTIFICATES OF PARTICIPATION INCURRED BY THE UNIVERSITY ARE | ||||||
20 | NOT SECURED BY THE FULL FAITH AND CREDIT OF THE STATE AND ARE | ||||||
21 | NOT REQUIRED TO BE REPAID AND MAY NOT BE REPAID, DIRECTLY OR | ||||||
22 | INDIRECTLY, FROM TAX REVENUE.". | ||||||
23 | (g) The maximum annual debt service for the University's | ||||||
24 | total certificate of participation obligation must not exceed | ||||||
25 | $100,000,000.
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1 | (110 ILCS 305/110 new) | ||||||
2 | Sec. 110. Illinois Excellence Program. Subject to | ||||||
3 | appropriation, the Board of Trustees shall establish and | ||||||
4 | administer a program, to be called the Illinois Excellence | ||||||
5 | Program, to recruit and retain promising faculty throughout the | ||||||
6 | University of Illinois system through capital investment in | ||||||
7 | both new and distressed facilities. The Program shall focus on | ||||||
8 | capital investment in facilities designed to attract and retain | ||||||
9 | sought-after faculty to the University of Illinois system. | ||||||
10 | The Illinois Excellence Fund is created as a special fund | ||||||
11 | in the State treasury. All money in the Fund may be used, | ||||||
12 | subject to appropriation, by the Board of Trustees for the | ||||||
13 | administration of the Illinois Excellence Program.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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