HB 4113 — HIGHER ED-SIU MEM-PROCUREMENT

HB4113 EngrossedEnrolled LRB099 09011 NHT 29191 b AN ACT concerning education.

ApplicabilitySouthern toIllinois publicUniversity institutionsprinting ofexception. higher education.

(a) AsExcept usedas provided in this Section:Section, this Code shall not apply to contracts for the printing of a student-run newspaper at the Carbondale campus of Southern Illinois University.

"Grant"Notice meansof non-appropriatedeach fundingcontract providedentered into by aSouthern federalIllinois orUniversity privatethat entityis related to supportthe aprocurement projectof orprinting programservices administeredunder bythis asubsection public(a) institutionshall ofbe higherpublished educationin andthe anyProcurement non-appropriatedBulletin fundingwithin provided14 tocalendar adays sub-recipientafter ofcontract theexecution. grant.

"Public institution of higher education" means Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Southern Illinois University, the University of Illinois, Western Illinois University, and, for purposes of this Code only, the Illinois Mathematics and Science Academy.

(b) This Code shall apply to public institutions of higher education, regardless of the source of the funds with which HB4113 Engrossed - 2 - LRB099 09011 NHT 29191 b contracts are paid, except as provided in this Section.

(c) Except as provided in this Section, this Code shall not apply to procurements made by or on behalf of public institutions of higher education for any of the following:

(1) Memberships in professional, academic, research, or athletic organizations on behalf of a public institution of higher education, an employee of a public institution of higher education, or a student at a public institution of higher education.

(2) Procurement expenditures for events or activities paid for exclusively by revenues generated by the event or activity, gifts or donations for the event or activity, private grants, or any combination thereof.

(3) Procurement expenditures for events or activities for which the use of specific potential contractors is mandated or identified by the sponsor of the event or activity, provided that the sponsor is providing a majority of the funding for the event or activity.

(4) Procurement expenditures necessary to provide artistic or musical services, performances, or productions held at a venue operated by a public institution of higher education.

(5) Procurement expenditures for periodicals and books 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 HB4113 Engrossed - 3 - LRB099 09011 NHT 29191 b rental.

(6) Procurement expenditures for placement of students in externships, practicums, field experiences, and medical residencies and rotations.

(7) Contracts for programming and broadcast license rights for university-operated radio and television stations.

(8) Contracts for the printing of a student-run newspaper at the Carbondale campus of Southern Illinois University.

Notice of each contract entered into by a public institution of higher education that is related to the procurement of goods and services identified in items (1) through (8) of this subsection (c) shall be published in the Procurement Bulletin within 14 calendar days after contract execution.

EachSouthern publicIllinois institutionUniversity 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 goodsprinting and services identifiedunder in this subsection (c).(a).

At a minimum, this report shall include the name of the contractor, a description of the supplyprinting orservices service provided, HB4113 Enrolled - 2 - LRB099 09011 NHT 29191 b the total amount of the contract, the term of the contract, and the exception to this Code utilized.

A copy of any or all of these contracts shall be made available to the Chief HB4113 Engrossed - 4 - LRB099 09011 NHT 29191 b Procurement Officer immediately upon request.

(d)(b) ExceptThis asSection providedis inrepealed thison subsectionDecember (d),31, the2016. provisions of this Code shall not apply to contracts for FDA-regulated supplies and to contracts for medical services necessary for the delivery of care and treatment at medical, dental, or veterinary teaching facilities utilized by Southern Illinois University or the University of Illinois.

Other supplies and services needed for these teaching facilities shall be subject to the jurisdiction of the Chief Procurement Officer for Public Institutions of Higher Education, who may establish expedited procurement procedures and may waive or modify certification, contract, hearing, process, and registration requirements required by this Code.

All procurements made under this subsection (d) shall be documented and may require publication in the Illinois Procurement Bulletin.

(e) Procurements made by or on behalf of public institutions of higher education for either of the following shall be made in accordance with the requirements of this Code to the extent practical as provided in this subsection (e):

(1) Contracts with a foreign entity necessary for research or educational activities, provided that the HB4113 Engrossed - 5 - LRB099 09011 NHT 29191 b foreign entity either does not maintain an office in the United States or is the sole source of the service or product.

(2) Procurements required for fulfillment of a grant.

Upon the written request of a public institution of higher education, the Chief Procurement Officer may waive registration, certification, and hearing requirements of this Code if, based on the item to be procured or the terms of a grant, compliance is impractical.

The public institution of higher education shall provide the Chief Procurement Officer with specific reasons for the waiver, including the necessity of contracting with a particular potential contractor, and shall certify that an effort was made in good faith to comply with the provisions of this Code.

The Chief Procurement Officer shall provide written justification for any waivers.

By November 1 of each year, the Chief Procurement Officer shall file a report with the General Assembly identifying each contract approved with waivers and providing the justification given for any waivers for each of those contracts.

Notice of each waiver made under this subsection (e) 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.

(f) 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 HB4113 Engrossed - 6 - LRB099 09011 NHT 29191 b persons to make campaign contributions if otherwise prohibited by Section 50-37.

The total amount of contracts awarded in accordance with this Section shall be included in determining the aggregate amount of contracts or pending bids of a business entity and any affiliated entities or affiliated persons.

(g) 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 (g), "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 adopt rules for the implementation and administration of the provisions of this subsection (g).

(h) This Section is repealed on December 31, 2016.

The Southern Illinois University Management HB4113 Engrossed - 7 - LRB099 09011 NHT 29191 b Act is amended by changing Sections 2, 4, and 5 as follows:

HB4113 Enrolled - 3 - LRB099 09011 NHT 29191 b The method of choosing these student members shall be by campus-wide student election, and any student designated by the Governor to be a voting student member shall be one of the students chosen by this method.

To be eligible for selection as a student member and to be eligible to remain as a voting or nonvoting student member of the Board, a student member must be a resident of this State, must have and maintain a grade point HB4113 Engrossed - 8 - LRB099 09011 NHT 29191 b average that is equivalent to at least 2.5 on a 4.0 scale, and must be a full time student enrolled at all times during his or her term of office except for that part of the term which follows the completion of the last full regular semester of an academic year and precedes the first full regular semester of the succeeding academic year at the university (sometimes commonly referred to as the summer session or summer school).