Bill Amendment: IL HB3285 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROCUREMENT-EXEMPTION POSTING

Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3285 Detail]

Download: Illinois-2019-HB3285-House_Amendment_001.html

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Rep. William Davis

Filed: 3/18/2019

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AMENDMENT TO HOUSE BILL 3285
AMENDMENT NO. ______. Amend House Bill 3285 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Procurement Code is amended by
changing Section 1-13 as follows:
(30 ILCS 500/1-13)
Sec. 1-13. Applicability to public institutions of higher
education.
(a) This Code shall apply to public institutions of higher
education, regardless of the source of the funds with which
contracts are paid, except as provided in this Section.
(b) Except as provided in this Section, this Code shall not
apply to procurements made by or on behalf of public
institutions of higher education for any of the following:
(1) Memberships in professional, academic, research,
or athletic organizations on behalf of a public institution

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of higher education, an employee of a public institution of
higher education, or a student at a public institution of
higher education.
(2) Procurement expenditures for events or activities
paid for exclusively by revenues generated by the event or
activity, gifts or donations for the event or activity,
private grants, or any combination thereof.
(3) Procurement expenditures for events or activities
for which the use of specific potential contractors is
mandated or identified by the sponsor of the event or
activity, provided that the sponsor is providing a majority
of the funding for the event or activity.
(4) Procurement expenditures necessary to provide
athletic, artistic or musical services, performances,
events, or productions by or for a public institution of
higher education.
(5) Procurement expenditures for periodicals, books,
subscriptions, database licenses, and other publications
procured for use by a university library or academic
department, except for expenditures related to procuring
textbooks for student use or materials for resale or
rental.
(6) Procurement expenditures for placement of students
in externships, practicums, field experiences, and for
medical residencies and rotations.
(7) Contracts for programming and broadcast license

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rights for university-operated radio and television
stations.
(8) Procurement expenditures necessary to perform
sponsored research and other sponsored activities under
grants and contracts funded by the sponsor or by sources
other than State appropriations.
(9) Contracts with a foreign entity for research or
educational activities, provided that the foreign entity
either does not maintain an office in the United States or
is the sole source of the service or product.
Notice of each contract with an annual value of more than
$20,000 entered into by a public institution of higher
education that is related to the procurement of goods and
services identified in items (1) through (9) of this subsection
shall be published in the Procurement Bulletin within 14
calendar days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the notice.
Each public institution of higher education shall provide the
Chief Procurement Officer, on a monthly basis, in the form and
content prescribed by the Chief Procurement Officer, a report
of contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. A copy of any or all of these contracts shall be

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made available to the Chief Procurement Officer immediately
upon request. The Chief Procurement Officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the Chief
Procurement Officer.
(b-5) Except as provided in this subsection, the provisions
of this Code shall not apply to contracts for medical supplies,
and to contracts for medical services necessary for the
delivery of care and treatment at medical, dental, or
veterinary teaching facilities utilized by Southern Illinois
University or the University of Illinois and at any
university-operated health care center or dispensary that
provides care, treatment, and medications for students,
faculty and staff. Other supplies and services needed for these
teaching facilities shall be subject to the jurisdiction of the
Chief Procurement Officer for Public Institutions of Higher
Education who may establish expedited procurement procedures
and may waive or modify certification, contract, hearing,
process and registration requirements required by the Code. All
procurements made under this subsection shall be documented and
may require publication in the Illinois Procurement Bulletin.
(c) Procurements made by or on behalf of public
institutions of higher education for the fulfillment of a grant
shall be made in accordance with the requirements of this Code
to the extent practical.

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Upon the written request of a public institution of higher
education, the Chief Procurement Officer may waive contract,
registration, certification, and hearing requirements of this
Code if, based on the item to be procured or the terms of a
grant, compliance is impractical. The public institution of
higher education shall provide the Chief Procurement Officer
with specific reasons for the waiver, including the necessity
of contracting with a particular potential contractor, and
shall certify that an effort was made in good faith to comply
with the provisions of this Code. The Chief Procurement Officer
shall provide written justification for any waivers. By
November 1 of each year, the Chief Procurement Officer shall
file a report with the General Assembly identifying each
contract approved with waivers and providing the justification
given for any waivers for each of those contracts. Notice of
each waiver made under this subsection shall be published in
the Procurement Bulletin within 14 calendar days after contract
execution. The Chief Procurement Officer shall prescribe the
form and content of the notice.
(d) Notwithstanding this Section, a waiver of the
registration requirements of Section 20-160 does not permit a
business entity and any affiliated entities or affiliated
persons to make campaign contributions if otherwise prohibited
by Section 50-37. The total amount of contracts awarded in
accordance with this Section shall be included in determining
the aggregate amount of contracts or pending bids of a business

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entity and any affiliated entities or affiliated persons.
(e) Notwithstanding subsection (e) of Section 50-10.5 of
this Code, the Chief Procurement Officer, with the approval of
the Executive Ethics Commission, may permit a public
institution of higher education to accept a bid or enter into a
contract with a business that assisted the public institution
of higher education in determining whether there is a need for
a contract or assisted in reviewing, drafting, or preparing
documents related to a bid or contract, provided that the bid
or contract is essential to research administered by the public
institution of higher education and it is in the best interest
of the public institution of higher education to accept the bid
or contract. For purposes of this subsection, "business"
includes all individuals with whom a business is affiliated,
including, but not limited to, any officer, agent, employee,
consultant, independent contractor, director, partner,
manager, or shareholder of a business. The Executive Ethics
Commission may promulgate rules and regulations for the
implementation and administration of the provisions of this
subsection (e).
(f) As used in this Section:
"Grant" means non-appropriated funding provided by a
federal or private entity to support a project or program
administered by a public institution of higher education and
any non-appropriated funding provided to a sub-recipient of the
grant.

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"Public institution of higher education" means Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Southern Illinois
University, University of Illinois, Western Illinois
University, and, for purposes of this Code only, the Illinois
Mathematics and Science Academy.
(g) (Blank).
(h) The General Assembly finds and declares that:
(1) Public Act 98-1076, which took effect on January 1,
2015, changed the repeal date set for this Section from
December 31, 2014 to December 31, 2016.
(2) The Statute on Statutes sets forth general rules on
the repeal of statutes and the construction of multiple
amendments, but Section 1 of that Act also states that
these rules will not be observed when the result would be
"inconsistent with the manifest intent of the General
Assembly or repugnant to the context of the statute".
(3) This amendatory Act of the 100th General Assembly
manifests the intention of the General Assembly to remove
the repeal of this Section.
(4) This Section was originally enacted to protect,
promote, and preserve the general welfare. Any
construction of this Section that results in the repeal of
this Section on December 31, 2014 would be inconsistent
with the manifest intent of the General Assembly and

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repugnant to the context of this Code.
It is hereby declared to have been the intent of the
General Assembly that this Section not be subject to repeal on
December 31, 2014.
This Section shall be deemed to have been in continuous
effect since December 20, 2011 (the effective date of Public
Act 97-643), and it shall continue to be in effect henceforward
until it is otherwise lawfully repealed. All previously enacted
amendments to this Section taking effect on or after December
31, 2014, are hereby validated.
All actions taken in reliance on or pursuant to this
Section by any public institution of higher education, person,
or entity are hereby validated.
In order to ensure the continuing effectiveness of this
Section, it is set forth in full and re-enacted by this
amendatory Act of the 100th General Assembly. This re-enactment
is intended as a continuation of this Section. It is not
intended to supersede any amendment to this Section that is
enacted by the 100th General Assembly.
In this amendatory Act of the 100th General Assembly, the
base text of the reenacted Section is set forth as amended by
Public Act 98-1076. Striking and underscoring is used only to
show changes being made to the base text.
This Section applies to all procurements made on or before
the effective date of this amendatory Act of the 100th General
Assembly.

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(Source: P.A. 100-43, eff. 8-9-17.)".