101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3155

 

Introduced 2/6/2020, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-15.15
30 ILCS 500/10-20

    Amends the Illinois Procurement Code. Provides for the appointment of an independent chief procurement officer for all procurements made by the Illinois State Police. Makes conforming changes.


LRB101 18836 RJF 68293 b

 

 

A BILL FOR

 

SB3155LRB101 18836 RJF 68293 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Sections 1-15.15 and 10-20 as follows:
 
6    (30 ILCS 500/1-15.15)
7    Sec. 1-15.15. Chief Procurement Officer. "Chief
8Procurement Officer" means any of the 5 4 persons appointed or
9approved by a majority of the members of the Executive Ethics
10Commission:
11        (1) for procurements for construction and
12    construction-related services committed by law to the
13    jurisdiction or responsibility of the Capital Development
14    Board, the independent chief procurement officer appointed
15    by a majority of the members of the Executive Ethics
16    Commission.
17        (2) for procurements for all construction,
18    construction-related services, operation of any facility,
19    and the provision of any construction or
20    construction-related service or activity committed by law
21    to the jurisdiction or responsibility of the Illinois
22    Department of Transportation, including the direct or
23    reimbursable expenditure of all federal funds for which the

 

 

SB3155- 2 -LRB101 18836 RJF 68293 b

1    Department of Transportation is responsible or accountable
2    for the use thereof in accordance with federal law,
3    regulation, or procedure, the independent chief
4    procurement officer appointed by the Secretary of
5    Transportation with the consent of the majority of the
6    members of the Executive Ethics Commission.
7        (3) for all procurements made by a public institution
8    of higher education, the independent chief procurement
9    officer appointed by a majority of the members of the
10    Executive Ethics Commission.
11        (4) (Blank).
12        (4.5) for all procurements made by the Illinois State
13    Police, the independent chief procurement officer
14    appointed by a majority of the members of the Executive
15    Ethics Commission.
16        (5) for all other procurements, the independent chief
17    procurement officer appointed by a majority of the members
18    of the Executive Ethics Commission.
19(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
20Section 5 of P.A. 96-793 for the effective date of changes made
21by P.A. 96-795); 96-920, eff. 7-1-10.)
 
22    (30 ILCS 500/10-20)
23    Sec. 10-20. Independent chief procurement officers.
24    (a) Appointment. Within 60 calendar days after the
25effective date of this amendatory Act of the 96th General

 

 

SB3155- 3 -LRB101 18836 RJF 68293 b

1Assembly, the Executive Ethics Commission, with the advice and
2consent of the Senate shall appoint or approve 5 4 chief
3procurement officers, one for each of the following categories:
4        (1) for procurements for construction and
5    construction-related services committed by law to the
6    jurisdiction or responsibility of the Capital Development
7    Board;
8        (2) for procurements for all construction,
9    construction-related services, operation of any facility,
10    and the provision of any service or activity committed by
11    law to the jurisdiction or responsibility of the Illinois
12    Department of Transportation, including the direct or
13    reimbursable expenditure of all federal funds for which the
14    Department of Transportation is responsible or accountable
15    for the use thereof in accordance with federal law,
16    regulation, or procedure, the chief procurement officer
17    recommended for approval under this item appointed by the
18    Secretary of Transportation after consent by the Executive
19    Ethics Commission;
20        (3) for all procurements made by a public institution
21    of higher education; and
22        (3.5) for all procurements made by the Illinois State
23    Police; and
24        (4) for all other procurement needs of State agencies.
25    A chief procurement officer shall be responsible to the
26Executive Ethics Commission but must be located within the

 

 

SB3155- 4 -LRB101 18836 RJF 68293 b

1agency that the officer provides with procurement services. The
2chief procurement officer for higher education shall have an
3office located within the Board of Higher Education, unless
4otherwise designated by the Executive Ethics Commission. The
5chief procurement officer for all other procurement needs of
6the State shall have an office located within the Department of
7Central Management Services, unless otherwise designated by
8the Executive Ethics Commission.
9    (b) Terms and independence. Each chief procurement officer
10appointed under this Section shall serve for a term of 5 years
11beginning on the date of the officer's appointment. The chief
12procurement officer may be removed for cause after a hearing by
13the Executive Ethics Commission. The Governor or the director
14of a State agency directly responsible to the Governor may
15institute a complaint against the officer by filing such
16complaint with the Commission. The Commission shall have a
17hearing based on the complaint. The officer and the complainant
18shall receive reasonable notice of the hearing and shall be
19permitted to present their respective arguments on the
20complaint. After the hearing, the Commission shall make a
21finding on the complaint and may take disciplinary action,
22including but not limited to removal of the officer.
23    The salary of a chief procurement officer shall be
24established by the Executive Ethics Commission and may not be
25diminished during the officer's term. The salary may not exceed
26the salary of the director of a State agency for which the

 

 

SB3155- 5 -LRB101 18836 RJF 68293 b

1officer serves as chief procurement officer.
2    (c) Qualifications. In addition to any other requirement or
3qualification required by State law, each chief procurement
4officer must within 12 months of employment be a Certified
5Professional Public Buyer or a Certified Public Purchasing
6Officer, pursuant to certification by the Universal Public
7Purchasing Certification Council, and must reside in Illinois.
8    (d) Fiduciary duty. Each chief procurement officer owes a
9fiduciary duty to the State.
10    (e) Vacancy. In case of a vacancy in one or more of the
11offices of a chief procurement officer under this Section
12during the recess of the Senate, the Executive Ethics
13Commission shall make a temporary appointment until the next
14meeting of the Senate, when the Executive Ethics Commission
15shall nominate some person to fill the office, and any person
16so nominated who is confirmed by the Senate shall hold office
17during the remainder of the term and until his or her successor
18is appointed and qualified. If the Senate is not in session at
19the time this amendatory Act of the 96th General Assembly takes
20effect, the Executive Ethics Commission shall make a temporary
21appointment as in the case of a vacancy.
22    (f) (Blank).
23    (g) (Blank).
24(Source: P.A. 98-1076, eff. 1-1-15.)