Bill Text: IL SB0222 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Procurement Code. Removes procurement expenditures made by the University of Illinois from the application of the Act and the University of Illinois from the definition of "State agency". Amends the State Property Control Act to remove property of the University of Illinois from the definition of "property" (but still requires the University of Illinois to send usable, surplus equipment to the Department of Central Management Services for transfer or disposal). Amends the University of Illinois Act. Under a University of Illinois Investment, Performance, and Accountability Commitment, requires the State to annually appropriate a minimum specified amount, provided that the University meets certain requirements at its campuses. Provides for an annual report, and repeals the Commitment on June 30, 2022. Provides for the issuance of certificates of participation for capital improvements, to be reviewed by the Commission on Government Forecasting and Accountability. Requires the maximum annual debt service for the University's total certificate of participation obligation to not exceed $100,000,000. Subject to appropriation, provides for an Illinois Excellence Program to recruit and retain promising faculty throughout the University of Illinois system through capital investment in both new and distressed facilities; amends the State Finance Act to create a special fund. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Introduced) 2017-05-30 - Added as Co-Sponsor Sen. Antonio Muñoz [SB0222 Detail]

Download: Illinois-2017-SB0222-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0222

Introduced 1/24/2017, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:
See Index

Amends the Illinois Procurement Code. Removes procurement expenditures made by the University of Illinois from the application of the Act and the University of Illinois from the definition of "State agency". Amends the State Property Control Act to remove property of the University of Illinois from the definition of "property" (but still requires the University of Illinois to send usable, surplus equipment to the Department of Central Management Services for transfer or disposal). Amends the University of Illinois Act. Under a University of Illinois Investment, Performance, and Accountability Commitment, requires the State to annually appropriate a minimum specified amount, provided that the University meets certain requirements at its campuses. Provides for an annual report, and repeals the Commitment on June 30, 2022. Provides for the issuance of certificates of participation for capital improvements, to be reviewed by the Commission on Government Forecasting and Accountability. Requires the maximum annual debt service for the University's total certificate of participation obligation to not exceed $100,000,000. Subject to appropriation, provides for an Illinois Excellence Program to recruit and retain promising faculty throughout the University of Illinois system through capital investment in both new and distressed facilities; amends the State Finance Act to create a special fund. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5Section 5.878 as follows:
6 (30 ILCS 105/5.878 new)
7 Sec. 5.878. The Illinois Excellence Fund.
8 Section 10. The Illinois Procurement Code is amended by
9changing Sections 1-10 and 1-15.100 as follows:
10 (30 ILCS 500/1-10)
11 Sec. 1-10. Application.
12 (a) This Code applies only to procurements for which
13bidders, offerors, potential contractors, or contractors were
14first solicited on or after July 1, 1998. This Code shall not
15be construed to affect or impair any contract, or any provision
16of a contract, entered into based on a solicitation prior to
17the implementation date of this Code as described in Article
1899, including but not limited to any covenant entered into with
19respect to any revenue bonds or similar instruments. All
20procurements for which contracts are solicited between the
21effective date of Articles 50 and 99 and July 1, 1998 shall be

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1substantially in accordance with this Code and its intent.
2 (b) This Code shall apply regardless of the source of the
3funds with which the contracts are paid, including federal
4assistance moneys. This Code shall not apply to:
5 (1) Contracts between the State and its political
6 subdivisions or other governments, or between State
7 governmental bodies except as specifically provided in
8 this Code.
9 (2) Grants, except for the filing requirements of
10 Section 20-80.
11 (3) Purchase of care.
12 (4) Hiring of an individual as employee and not as an
13 independent contractor, whether pursuant to an employment
14 code or policy or by contract directly with that
15 individual.
16 (5) Collective bargaining contracts.
17 (6) Purchase of real estate, except that notice of this
18 type of contract with a value of more than $25,000 must be
19 published in the Procurement Bulletin within 10 calendar
20 days after the deed is recorded in the county of
21 jurisdiction. The notice shall identify the real estate
22 purchased, the names of all parties to the contract, the
23 value of the contract, and the effective date of the
24 contract.
25 (7) Contracts necessary to prepare for anticipated
26 litigation, enforcement actions, or investigations,

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1 provided that the chief legal counsel to the Governor shall
2 give his or her prior approval when the procuring agency is
3 one subject to the jurisdiction of the Governor, and
4 provided that the chief legal counsel of any other
5 procuring entity subject to this Code shall give his or her
6 prior approval when the procuring entity is not one subject
7 to the jurisdiction of the Governor.
8 (8) Contracts for services to Northern Illinois
9 University by a person, acting as an independent
10 contractor, who is qualified by education, experience, and
11 technical ability and is selected by negotiation for the
12 purpose of providing non-credit educational service
13 activities or products by means of specialized programs
14 offered by the university.
15 (9) Procurement expenditures by the Illinois
16 Conservation Foundation when only private funds are used.
17 (10) Procurement expenditures by the Illinois Health
18 Information Exchange Authority involving private funds
19 from the Health Information Exchange Fund. "Private funds"
20 means gifts, donations, and private grants.
21 (11) Public-private agreements entered into according
22 to the procurement requirements of Section 20 of the
23 Public-Private Partnerships for Transportation Act and
24 design-build agreements entered into according to the
25 procurement requirements of Section 25 of the
26 Public-Private Partnerships for Transportation Act.

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1 (12) Contracts for legal, financial, and other
2 professional and artistic services entered into on or
3 before December 31, 2018 by the Illinois Finance Authority
4 in which the State of Illinois is not obligated. Such
5 contracts shall be awarded through a competitive process
6 authorized by the Board of the Illinois Finance Authority
7 and are subject to Sections 5-30, 20-160, 50-13, 50-20,
8 50-35, and 50-37 of this Code, as well as the final
9 approval by the Board of the Illinois Finance Authority of
10 the terms of the contract.
11 (13) The provisions of this paragraph (13), other than
12 this sentence, are inoperative on and after January 1, 2019
13 or 2 years after the effective date of this amendatory Act
14 of the 99th General Assembly, whichever is later. Contracts
15 for services, commodities, and equipment to support the
16 delivery of timely forensic science services in
17 consultation with and subject to the approval of the Chief
18 Procurement Officer as provided in subsection (d) of
19 Section 5-4-3a of the Unified Code of Corrections, except
20 for the requirements of Sections 20-60, 20-65, 20-70, and
21 20-160 and Article 50 of this Code; however, the Chief
22 Procurement Officer may, in writing with justification,
23 waive any certification required under Article 50 of this
24 Code. For any contracts for services which are currently
25 provided by members of a collective bargaining agreement,
26 the applicable terms of the collective bargaining

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1 agreement concerning subcontracting shall be followed.
2 (14) Procurement expenditures made by the Board of
3 Trustees of the University of Illinois.
4 Notwithstanding any other provision of law, contracts
5entered into under item (12) of this subsection (b) shall be
6published in the Procurement Bulletin within 14 calendar days
7after contract execution. The chief procurement officer shall
8prescribe the form and content of the notice. The Illinois
9Finance Authority shall provide the chief procurement officer,
10on a monthly basis, in the form and content prescribed by the
11chief procurement officer, a report of contracts that are
12related to the procurement of goods and services identified in
13item (12) of this subsection (b). At a minimum, this report
14shall include the name of the contractor, a description of the
15supply or service provided, the total amount of the contract,
16the term of the contract, and the exception to the Code
17utilized. A copy of each of these contracts shall be made
18available to the chief procurement officer immediately upon
19request. The chief procurement officer shall submit a report to
20the Governor and General Assembly no later than November 1 of
21each year that shall include, at a minimum, an annual summary
22of the monthly information reported to the chief procurement
23officer.
24 (c) This Code does not apply to the electric power
25procurement process provided for under Section 1-75 of the
26Illinois Power Agency Act and Section 16-111.5 of the Public

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1Utilities Act.
2 (d) Except for Section 20-160 and Article 50 of this Code,
3and as expressly required by Section 9.1 of the Illinois
4Lottery Law, the provisions of this Code do not apply to the
5procurement process provided for under Section 9.1 of the
6Illinois Lottery Law.
7 (e) This Code does not apply to the process used by the
8Capital Development Board to retain a person or entity to
9assist the Capital Development Board with its duties related to
10the determination of costs of a clean coal SNG brownfield
11facility, as defined by Section 1-10 of the Illinois Power
12Agency Act, as required in subsection (h-3) of Section 9-220 of
13the Public Utilities Act, including calculating the range of
14capital costs, the range of operating and maintenance costs, or
15the sequestration costs or monitoring the construction of clean
16coal SNG brownfield facility for the full duration of
17construction.
18 (f) This Code does not apply to the process used by the
19Illinois Power Agency to retain a mediator to mediate sourcing
20agreement disputes between gas utilities and the clean coal SNG
21brownfield facility, as defined in Section 1-10 of the Illinois
22Power Agency Act, as required under subsection (h-1) of Section
239-220 of the Public Utilities Act.
24 (g) This Code does not apply to the processes used by the
25Illinois Power Agency to retain a mediator to mediate contract
26disputes between gas utilities and the clean coal SNG facility

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1and to retain an expert to assist in the review of contracts
2under subsection (h) of Section 9-220 of the Public Utilities
3Act. This Code does not apply to the process used by the
4Illinois Commerce Commission to retain an expert to assist in
5determining the actual incurred costs of the clean coal SNG
6facility and the reasonableness of those costs as required
7under subsection (h) of Section 9-220 of the Public Utilities
8Act.
9 (h) This Code does not apply to the process to procure or
10contracts entered into in accordance with Sections 11-5.2 and
1111-5.3 of the Illinois Public Aid Code.
12 (i) Each chief procurement officer may access records
13necessary to review whether a contract, purchase, or other
14expenditure is or is not subject to the provisions of this
15Code, unless such records would be subject to attorney-client
16privilege.
17 (j) This Code does not apply to the process used by the
18Capital Development Board to retain an artist or work or works
19of art as required in Section 14 of the Capital Development
20Board Act.
21 (k) This Code does not apply to the process to procure
22contracts, or contracts entered into, by the State Board of
23Elections or the State Electoral Board for hearing officers
24appointed pursuant to the Election Code.
25(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
2698-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.

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11-1-15; 99-801, eff. 1-1-17.)
2 (30 ILCS 500/1-15.100)
3 Sec. 1-15.100. State agency. "State agency" means and
4includes all boards, commissions, agencies, institutions,
5authorities, and bodies politic and corporate of the State,
6created by or in accordance with the constitution or statute,
7of the executive branch of State government and does include
8colleges, universities, and institutions under the
9jurisdiction of the governing boards of the University of
10Illinois, Southern Illinois University, Illinois State
11University, Eastern Illinois University, Northern Illinois
12University, Western Illinois University, Chicago State
13University, Governor State University, Northeastern Illinois
14University, and the Board of Higher Education. However, this
15term does not apply to public employee retirement systems or
16investment boards that are subject to fiduciary duties imposed
17by the Illinois Pension Code or to the University of Illinois
18Foundation or the Board of Trustees of the University of
19Illinois. "State agency" does not include units of local
20government, school districts, community colleges under the
21Public Community College Act, and the Illinois Comprehensive
22Health Insurance Board.
23(Source: P.A. 90-572, eff. 2-6-98.)
24 Section 15. The State Property Control Act is amended by

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1changing Sections 1.02 and 7.3 as follows:
2 (30 ILCS 605/1.02) (from Ch. 127, par. 133b3)
3 Sec. 1.02. "Property" means State owned property and
4includes all real estate, with the exception of rights of way
5for State water resource and highway improvements, traffic
6signs and traffic signals, and with the exception of common
7school property; and all tangible personal property with the
8exception of properties specifically exempted by the
9administrator, provided that any property originally
10classified as real property which has been detached from its
11structure shall be classified as personal property.
12 "Property" does not include property owned by the Illinois
13Medical District Commission and leased or occupied by others
14for purposes permitted under the Illinois Medical District Act.
15"Property" also does not include property owned and held by the
16Illinois Medical District Commission for redevelopment.
17 "Property" does not include property described under
18Section 5 of Public Act 92-371 with respect to depositing the
19net proceeds from the sale or exchange of the property as
20provided in Section 10 of that Act.
21 "Property" does not include that property described under
22Section 5 of Public Act 94-405.
23 "Property" does not include real property owned or operated
24by the Illinois Power Agency or any electricity generated on
25that real property or by the Agency. For purposes of this

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1subsection only, "real property" includes any interest in land,
2all buildings and improvements located thereon, and all
3fixtures and equipment used or designed for the production and
4transmission of electricity located thereon.
5 "Property" does not include property owned by the Board of
6Trustees of the University of Illinois or leased property
7utilized for purposes permitted under the University of
8Illinois Act.
9(Source: P.A. 94-405, eff. 8-2-05; 95-331, eff. 8-21-07;
1095-481, eff. 8-28-07.)
11 (30 ILCS 605/7.3) (from Ch. 127, par. 133b10.3)
12 Sec. 7.3. (a) The Administrator shall have charge of all
13transferable property and shall have authority to take
14possession and control of such property in order to transfer or
15assign any such property to any other State agency that has
16need or use for such property or to dispose of said property in
17accordance with Section 7 of this Act.
18 The Administrator may not dispose of a transferable
19airplane by sale until he or she determines that (i) the agency
20no longer has a need for the airplane, (ii) the airplane will
21not be used as a trade-in on another aircraft, and (iii) no
22public university or college in Illinois that offers courses in
23aviation, flight training, or other subjects involving
24knowledge of the workings of an airplane has listed the need
25for an airplane as provided in this Section.

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1 Responsible officers shall periodically report all
2transferable property at locations under their jurisdictions
3to the Administrator. The Administrator shall review such
4reports and arrange for physical examination of said property
5if necessary to determine if said items of transferable
6property should be transferred to another State agency,
7transferred to a central warehouse, or disposed of. The
8Administrator shall advise responsible officers of the results
9of these reviews as necessary.
10 The staff under the jurisdiction of the Administrator shall
11review as necessary State agencies' inventories for potential
12items of transferable property. If in the opinion of the
13Administrator's staff, any property appears to be
14transferable, the Administrator shall notify the responsible
15officer of his determination. The executive head of the agency
16holding the property in question may appeal the determination
17in writing to the Administrator.
18 The Administrator will review the determination in
19accordance with rules and procedures established pursuant to
20Section 5 of this Act.
21 The Administrator shall maintain lists of transferable
22property and of State agency needs for such property and will
23transfer where appropriate listed transferable property to
24agencies listing their needs for such property as detailed by
25their responsible officers. The Administrator must give
26priority for transfer of an airplane, that is not to be used as

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1a trade-in, to a public university or college in Illinois that
2offers courses in aviation, flight training, or other subjects
3involving knowledge of the workings of an airplane and that has
4listed the need for an airplane.
5 (b) On and after the effective date of this amendatory Act
6of the 100th General Assembly, the University of Illinois shall
7continue to cooperate with the Administrator as it did before
8the effective date of this amendatory Act of the 100th General
9Assembly by sending usable, surplus equipment to the
10Administrator, enabling the Administrator to transfer or
11assign that equipment to any other State agency that has need
12or use for the equipment or to dispose of the equipment in
13accordance with this Section and Section 7 of this Act.
14(Source: P.A. 91-432, eff. 1-1-00.)
15 Section 20. The University of Illinois Act is amended by
16adding Sections 100, 105, and 110 as follows:
17 (110 ILCS 305/100 new)
18 Sec. 100. University of Illinois Investment, Performance,
19and Accountability Commitment.
20 (a) This Section may be referred to as the University of
21Illinois Investment, Performance, and Accountability
22Commitment.
23 (b) For Fiscal Year 2018, the General Assembly shall
24appropriate and the State Comptroller shall make available to

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1the University an amount for operations that is not less than
2$662,100,000. For Fiscal Year 2019 and every fiscal year
3thereafter, the General Assembly shall appropriate, before the
4beginning of each fiscal year, an amount not less than the
5amount appropriated for operations in the prior fiscal year,
6increased by a percentage equal to the percentage increase, if
7any, in the Consumer Price Index for All Urban Consumers
8(CPI-U) published by the Bureau of Labor Statistics of the
9United States Department of Labor for the 12 months ending on
10the previous December 31, and the State Comptroller shall make
11available to the University within 12 months from the effective
12date of the appropriation an amount for operations that is not
13less than the amount appropriated and made available to the
14University for the prior fiscal year. The State Comptroller
15shall make timely payments, within 90 days after receipt, to
16the University on vouchers for the appropriations received from
17the University. University vouchers not paid within 90 days
18after receipt by the State Comptroller shall accrue interest
19paid by the State Comptroller to the University at a rate of 1%
20per month. The General Assembly shall appropriate annually and
21the State Comptroller shall make available payments for the
22employer's share of pension costs under the Illinois Pension
23Code and healthcare costs under the State Employees Group
24Insurance Act of 1971 for the covered employees of the
25University.
26 (c) In this subsection (c), "mandatory fees" excludes

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1mandatory fees approved by students by referendum. Beginning
2with the 2018-2019 academic year, the Board of Trustees may not
3increase the base rate of in-State, undergraduate tuition and
4mandatory fees by more than the rate of inflation, if any, as
5measured by the Consumer Price Index for all Urban Consumers
6(CPI-U) published by the Bureau of Labor Statistics of the
7United States Department of Labor for the 12 months ending on
8the previous December 31 above the base rate of in-State,
9undergraduate tuition and mandatory fees set by the Board of
10Trustees for an undergraduate academic program in the previous
11academic year. This subsection (c) does not apply to health
12insurance fees, fees approved prior to the effective date of
13this amendatory Act of the 100th General Assembly, or fees
14approved by a student referendum.
15 (d) For Fiscal Year 2018 and every fiscal year thereafter,
16the University shall provide to residents of this State
17need-based financial aid in an amount that is not less than
1812.5% of the University's appropriation. At least $15,000,000
19of this financial aid shall be provided annually to Illinois
20students of historically underrepresented populations. Such
21students shall include the following:
22 (1) students who are Black or African American,
23 Hispanic or Latino, American Indian or Alaska Native, or
24 Native Hawaiian or Other Pacific Islander;
25 (2) students from counties in this State from which the
26 University of Illinois at Urbana-Champaign campus, the

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1 University of Illinois at Chicago campus, and the
2 University of Illinois at Springfield campus combined have
3 enrolled on average 2 or fewer students from the county
4 over the last 3 years; and
5 (3) students from families who are classified as in
6 poverty with an expected family contribution equal to zero.
7 (e) For the 2018-2019 academic year and every academic year
8thereafter, the University shall achieve performance goals
9defined by all of the following key performance indicators:
10 (1) The Board of Trustees shall admit no fewer than
11 14,000 residents of this State in undergraduate programs at
12 the University of Illinois at Urbana-Champaign campus,
13 11,800 residents of this State in undergraduate programs at
14 the University of Illinois at Chicago campus, and 1,500
15 residents of this State in undergraduate programs at the
16 University of Illinois at Springfield campus, provided the
17 requisite number of residents of this State seeking
18 admission to undergraduate programs at the University meet
19 the requirements of Section 8 of this Act. Residents of
20 this State must comprise at least 50%, combined, of any
21 growth in on-campus undergraduate enrollment above the
22 level for the 2015-2016 academic year.
23 (2) The University shall maintain a first-to-second
24 year retention rate in undergraduate programs greater than
25 or equal to a combined 87% at the University of Illinois at
26 Urbana-Champaign campus, the University of Illinois at

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1 Chicago campus, and the University of Illinois at
2 Springfield campus.
3 (3) The University shall maintain a 6-year graduation
4 rate for first-time freshmen in undergraduate programs
5 greater than or equal to a combined 72% at the University
6 of Illinois at Urbana-Champaign campus, the University of
7 Illinois at Chicago campus, and the University of Illinois
8 at Springfield campus.
9 For any academic year in which the University does not meet
10or exceed the key performance indicators listed in this
11subsection (e), the appropriation required by subsection (b) of
12this Section for the following fiscal year may be adjusted
13appropriately by the passage of a joint resolution of the
14General Assembly. However, any adjustment made under this
15subsection (e) must not be the basis for any future fiscal year
16appropriation under subsection (b) of this Section. If an
17adjustment is made under this subsection (e), the basis for any
18future fiscal year appropriation under subsection (b) of this
19Section must be the previous fiscal year in which an adjustment
20was not made.
21 (f) Beginning September 1, 2018 and every September 1
22thereafter, the University shall publish on its website and
23make publicly available an annual report related to the
24previous academic and fiscal year at the University of Illinois
25at Urbana-Champaign campus, at the University of Illinois at
26Chicago campus, and at the University of Illinois at

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1Springfield campus. The annual report shall include all of the
2following information:
3 (1) The number of first-time freshmen enrolled.
4 (2) The number of new transfer students enrolled.
5 (3) The number of undergraduates enrolled who are
6 residents of this State.
7 (4) The number of underrepresented minority
8 undergraduate students enrolled.
9 (5) The total undergraduate enrollment.
10 (6) The number of undergraduate degrees issued.
11 (7) The number of graduate degrees issued.
12 (8) The number of professional degrees issued.
13 (9) The total number of degrees issued.
14 (10) The number of science, technology, engineering,
15 and mathematics degrees issued.
16 (11) The direct appropriation per undergraduate
17 degree.
18 (12) The direct appropriation per undergraduate degree
19 issued to a resident of this State.
20 (13) The direct appropriation as a percentage of total
21 expenditures.
22 (14) The number of undergraduate students enrolled in
23 each college of each campus.
24 (15) The number of undergraduate students who are
25 residents of this State enrolled in each college of each
26 campus.

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1 (g) The requirements of subsections (c), (d), and (e) of
2this Section are not applicable to the University in any fiscal
3year in which the General Assembly fails to appropriate and the
4State Comptroller fails to make available the amounts required
5under subsection (b) of this Section.
6 (h) This Section is repealed on June 30, 2022.
7 (110 ILCS 305/105 new)
8 Sec. 105. Certificates of participation for capital
9improvements.
10 (a) For the purposes of this Section, "Commission" means
11the Commission on Government Forecasting and Accountability.
12 (b) The power of the Board of Trustees to enter into
13contracts includes the power to enter into financing agreements
14in connection with the financing of capital improvements,
15including technology or other related improvements, by selling
16certificates of participation in the installment payments made
17under such financing agreements. These financing agreements
18may be entered into for any period of time less than or equal
19to 30 years, but not to exceed the useful life of the capital
20improvement. Nothing in this Section authorizes the Board to
21incur State debt, as that term is defined in subsection (a) of
22Section 9 of Article IX of the Constitution of the State of
23Illinois.
24 (c) Upon determination by the Board to undertake a
25transaction for the sale of certificates of participation and

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1enter into related financing agreements in connection with the
2financing of capital improvements, the Board shall adopt a
3resolution or resolutions describing in a general way the
4contemplated facilities or a combination thereof designated as
5the project, the estimated cost thereof, and any additional
6relevant information.
7 (d) Before issuance of any certificate of participation,
8the Board or its representatives shall appear before the
9Commission and present the details of the proposal. This
10presentation shall include such information as the Commission
11may request in relation to the proposed certificate of
12participation issuance. This information shall include, but is
13not limited to, the amount being financed, the nature of the
14project being financed, the proposed funding stream to pay for
15the certificate of participation issuance, the current
16outstanding indebtedness of the University, and the status of
17all currently issued certificates of participation.
18 Upon receipt of a request by the University for a
19certificate of participation presentation, the Commission
20shall hold a public hearing and, upon adoption by a vote of the
21majority of appointed members, issue a record of findings in
22regards to the issuance of the certificate of participation
23within 60 days after the request.
24 As part of the Commission's considerations and findings,
25the Commission shall consider the effect the issuance of a
26certificate of participation shall have on the University's

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1annual debt service and overall fiscal condition.
2 Within the Commission's findings must be a statement in
3which the Commission makes a recommendation to the University
4as to proceeding with the certificate of participation
5issuance. The recommendation shall be either (i) "favorably
6recommended", (ii) "recommended with concerns", or (iii)
7"non-support of issuance".
8 The Commission shall report the findings within 15 days
9after the hearing to all of the following:
10 (1) The Speaker of the House of Representatives.
11 (2) The Minority Leader of the House of
12 Representatives.
13 (3) The President of the Senate.
14 (4) The Minority Leader of the Senate.
15 (5) The Governor's Office of Management and Budget.
16 (6) The President of the University.
17 Upon a finding of "non-support of issuance", the University
18may not proceed with the issuance of the certificate of
19participation involved in the finding without the approval of
20the General Assembly through the adoption of a joint
21resolution.
22 (e) Upon receipt of the external Auditor General audit
23report of each year, the University shall file with the
24Commission a report stating the status of all outstanding
25certificates of participation the University has issued and a
26copy of the annual budget as approved by the Board.

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1 (f) Each issuance of a certificate of participation shall
2include within the appropriate documents related to its
3execution the following statement, which sets forth required
4limitations in relation to the certificate:
5 "THE BOARD OF TRUSTEES' OBLIGATION TO MAKE INSTALLMENT
6PAYMENTS DOES NOT CONSTITUTE A DEBT OF THE BOARD OR THE STATE
7OF ILLINOIS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR
8STATUTORY LIMITATION. THE INSTALLMENT PAYMENTS REQUIRED UNDER
9CERTIFICATES OF PARTICIPATION INCURRED BY THE UNIVERSITY ARE
10NOT SECURED BY THE FULL FAITH AND CREDIT OF THE STATE AND ARE
11NOT REQUIRED TO BE REPAID AND MAY NOT BE REPAID, DIRECTLY OR
12INDIRECTLY, FROM TAX REVENUE.".
13 (g) The maximum annual debt service for the University's
14total certificate of participation obligation must not exceed
15$100,000,000.
16 (110 ILCS 305/110 new)
17 Sec. 110. Illinois Excellence Program. Subject to
18appropriation, the Board of Trustees shall establish and
19administer a program, to be called the Illinois Excellence
20Program, to recruit and retain promising faculty throughout the
21University of Illinois system through capital investment in
22both new and distressed facilities. The Program shall focus on
23capital investment in facilities designed to attract and retain
24sought-after faculty to the University of Illinois system.
25 The Illinois Excellence Fund is created as a special fund

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1in the State treasury. All money in the Fund may be used,
2subject to appropriation, by the Board of Trustees for the
3administration of the Illinois Excellence Program.
4 Section 99. Effective date. This Act takes effect upon
5becoming law.

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1 INDEX
2 Statutes amended in order of appearance