97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3683

 

Introduced 2/10/2012, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-13
30 ILCS 500/1-15.15
30 ILCS 500/10-20

    Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurements made by or on behalf of the Illinois Mathematics and Science Academy for certain items. Provides that the Chief Procurement Officer may waive registration, certification, and hearing requirements of the Code for certain items procured by the Illinois Mathematics and Science Academy if compliance is impractical. Provides that the Chief Procurement Officer, with the approval of the Executive Ethics Commission, may permit the Illinois Mathematics and Science Academy to accept a bid or enter into a contract with a business that assisted the Illinois Mathematics and Science Academy in determining whether there is a need for a contract or assisted in reviewing, drafting, or preparing documents related to a bid or contract. Provides that the definition of "Chief Procurement Officer" includes the chief procurement officer for all procurements made by a public institution of higher education, including procurements made by the Illinois Mathematics and Science Academy (now, just for all procurements made by a public institution of higher education). Effective immediately.


LRB097 17768 PJG 62983 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3683LRB097 17768 PJG 62983 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 1-13, 1-15.15, and 10-20 as follows:
 
6    (30 ILCS 500/1-13)
7    (Section scheduled to be repealed on December 31, 2014)
8    Sec. 1-13. Applicability to public institutions of higher
9education and the Illinois Mathematics and Science Academy.
10    (a) This Code shall apply to public institutions of higher
11education and the Illinois Mathematics and Science Academy,
12regardless of the source of the funds with which contracts are
13paid, except as provided in this Section.
14    (b) Except as provided in this Section, this Code shall not
15apply to procurements made by or on behalf of public
16institutions of higher education or the Illinois Mathematics
17and Science Academy for any of the following:
18        (1) Memberships in professional, academic, or athletic
19    organizations on behalf of a public institution of higher
20    education or the Illinois Mathematics and Science Academy,
21    an employee of a public institution of higher education or
22    the Illinois Mathematics and Science Academy, or a student
23    at a public institution of higher education or the Illinois

 

 

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1    Mathematics and Science Academy.
2        (2) Procurement expenditures for events or activities
3    paid for exclusively by revenues generated by the event or
4    activity, gifts or donations for the event or activity,
5    private grants, or any combination thereof.
6        (3) Procurement expenditures for events or activities
7    for which the use of specific vendors is mandated or
8    identified by the sponsor of the event or activity,
9    provided that the sponsor is providing a majority of the
10    funding for the event or activity.
11        (4) Procurement expenditures necessary to provide
12    artistic or musical services, performances, or productions
13    held at a venue operated by a public institution of higher
14    education or the Illinois Mathematics and Science Academy.
15        (5) Procurement expenditures for periodicals and books
16    procured for use by a university library or academic
17    department, except for expenditures related to procuring
18    textbooks for student use or materials for resale or
19    rental.
20Notice of each contract entered into by a public institution of
21higher education or the Illinois Mathematics and Science
22Academy that is related to the procurement of goods and
23services identified in items (1) through (5) of this subsection
24shall be published in the Procurement Bulletin within 14 days
25after contract execution. The Chief Procurement Officer shall
26prescribe the form and content of the notice. Each public

 

 

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1institution of higher education and the Illinois Mathematics
2and Science Academy shall provide the Chief Procurement
3Officer, on a monthly basis, in the form and content prescribed
4by the Chief Procurement Officer, a report of contracts that
5are related to the procurement of goods and services identified
6in this subsection. At a minimum, this report shall include the
7name of the contractor, a description of the supply or service
8provided, the total amount of the contract, the term of the
9contract, and the exception to the Code utilized. A copy of any
10or all of these contracts shall be made available to the Chief
11Procurement Officer immediately upon request. The Chief
12Procurement Officer shall submit a report to the Governor and
13General Assembly no later than November 1 of each year that
14shall include, at a minimum, an annual summary of the monthly
15information reported to the Chief Procurement Officer.
16    (c) Procurements made by or on behalf of public
17institutions of higher education or the Illinois Mathematics
18and Science Academy for any of the following shall be made in
19accordance with the requirements of this Code to the extent
20practical as provided in this subsection:
21        (1) Contracts with a foreign entity necessary for
22    research or educational activities, provided that the
23    foreign entity either does not maintain an office in the
24    United States or is the sole source of the service or
25    product.
26        (2) Procurements of FDA-regulated goods, products, and

 

 

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1    services necessary for the delivery of care and treatment
2    at medical, dental, or veterinary teaching facilities
3    utilized by the University of Illinois or Southern Illinois
4    University.
5        (3) Contracts for programming and broadcast license
6    rights for university-operated radio and television
7    stations.
8        (4) Procurements required for fulfillment of a grant.
9    Upon the written request of a public institution of higher
10education or the Illinois Mathematics and Science Academy, the
11Chief Procurement Officer may waive registration,
12certification, and hearing requirements of this Code if, based
13on the item to be procured or the terms of a grant, compliance
14is impractical. The public institution of higher education or
15the Illinois Mathematics and Science Academy shall provide the
16Chief Procurement Officer with specific reasons for the waiver,
17including the necessity of contracting with a particular
18vendor, and shall certify that an effort was made in good faith
19to comply with the provisions of this Code. The Chief
20Procurement Officer shall provide written justification for
21any waivers. By November 1 of each year, the Chief Procurement
22Officer shall file a report with the General Assembly
23identifying each contract approved with waivers and providing
24the justification given for any waivers for each of those
25contracts. Notice of each waiver made under this subsection
26shall be published in the Procurement Bulletin within 14 days

 

 

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1after contract execution. The Chief Procurement Officer shall
2prescribe the form and content of the notice.
3    (d) Notwithstanding this Section, a waiver of the
4registration requirements of Section 20-160 does not permit a
5business entity and any affiliated entities or affiliated
6persons to make campaign contributions if otherwise prohibited
7by Section 50-37. The total amount of contracts awarded in
8accordance with this Section shall be included in determining
9the aggregate amount of contracts or pending bids of a business
10entity and any affiliated entities or affiliated persons.
11    (e) Notwithstanding subsection (e) of Section 50-10.5 of
12this Code, the Chief Procurement Officer, with the approval of
13the Executive Ethics Commission, may permit a public
14institution of higher education or the Illinois Mathematics and
15Science Academy to accept a bid or enter into a contract with a
16business that assisted the public institution of higher
17education or the Illinois Mathematics and Science Academy in
18determining whether there is a need for a contract or assisted
19in reviewing, drafting, or preparing documents related to a bid
20or contract, provided that the bid or contract is essential to
21research administered by the public institution of higher
22education or the Illinois Mathematics and Science Academy and
23it is in the best interest of the public institution of higher
24education or the Illinois Mathematics and Science Academy to
25accept the bid or contract. For purposes of this subsection,
26"business" includes all individuals with whom a business is

 

 

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1affiliated, including, but not limited to, any officer, agent,
2employee, consultant, independent contractor, director,
3partner, manager, or shareholder of a business. The Executive
4Ethics Commission may promulgate rules and regulations for the
5implementation and administration of the provisions of this
6subsection (e).
7    (f) As used in this Section:
8    "Grant" means non-appropriated funding provided by a
9federal or private entity to support a project or program
10administered by a public institution of higher education or the
11Illinois Mathematics and Science Academy and any
12non-appropriated funding provided to a sub-recipient of the
13grant.
14    "Public institution of higher education" means Chicago
15State University, Eastern Illinois University, Governors State
16University, Illinois State University, Northeastern Illinois
17University, Northern Illinois University, Southern Illinois
18University, University of Illinois, and Western Illinois
19University.
20    (g) This Section is repealed on December 31, 2014.
21(Source: P.A. 97-643, eff. 12-20-11.)
 
22    (30 ILCS 500/1-15.15)
23    Sec. 1-15.15. Chief Procurement Officer. "Chief
24Procurement Officer" means any of the 4 persons appointed or
25approved by a majority of the members of the Executive Ethics

 

 

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1Commission:
2        (1) for procurements for construction and
3    construction-related services committed by law to the
4    jurisdiction or responsibility of the Capital Development
5    Board, the independent chief procurement officer appointed
6    by a majority of the members of the Executive Ethics
7    Commission.
8        (2) for procurements for all construction,
9    construction-related services, operation of any facility,
10    and the provision of any construction or
11    construction-related service or activity committed by law
12    to the jurisdiction or responsibility of the Illinois
13    Department of Transportation, including the direct or
14    reimbursable expenditure of all federal funds for which the
15    Department of Transportation is responsible or accountable
16    for the use thereof in accordance with federal law,
17    regulation, or procedure, the independent chief
18    procurement officer appointed by the Secretary of
19    Transportation with the consent of the majority of the
20    members of the Executive Ethics Commission.
21        (3) for all procurements made by a public institution
22    of higher education, including procurements made by the
23    Illinois Mathematics and Science Academy, the independent
24    chief procurement officer appointed by a majority of the
25    members of the Executive Ethics Commission.
26        (4) (Blank).

 

 

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1        (5) for all other procurements, the independent chief
2    procurement officer appointed by a majority of the members
3    of the Executive Ethics Commission.
4(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
5Section 5 of P.A. 96-793 for the effective date of changes made
6by P.A. 96-795); 96-920, eff. 7-1-10.)
 
7    (30 ILCS 500/10-20)
8    Sec. 10-20. Independent chief procurement officers.
9    (a) Appointment. Within 60 days after the effective date of
10this amendatory Act of the 96th General Assembly, the Executive
11Ethics Commission, with the advice and consent of the Senate
12shall appoint or approve 4 chief procurement officers, one for
13each of the following categories:
14        (1) for procurements for construction and
15    construction-related services committed by law to the
16    jurisdiction or responsibility of the Capital Development
17    Board;
18        (2) for procurements for all construction,
19    construction-related services, operation of any facility,
20    and the provision of any service or activity committed by
21    law 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
24    Department of Transportation is responsible or accountable
25    for the use thereof in accordance with federal law,

 

 

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1    regulation, or procedure, the chief procurement officer
2    recommended for approval under this item appointed by the
3    Secretary of Transportation after consent by the Executive
4    Ethics Commission;
5        (3) for all procurements made by a public institution
6    of higher education, including procurements made by the
7    Illinois Mathematics and Science Academy; and
8        (4) for all other procurement needs of State agencies.
9    A chief procurement officer shall be responsible to the
10Executive Ethics Commission but must be located within the
11agency that the officer provides with procurement services. The
12chief procurement officer for higher education shall have an
13office located within the Board of Higher Education, unless
14otherwise designated by the Executive Ethics Commission. The
15chief procurement officer for all other procurement needs of
16the State shall have an office located within the Department of
17Central Management Services, unless otherwise designated by
18the Executive Ethics Commission.
19    (b) Terms and independence. Each chief procurement officer
20appointed under this Section shall serve for a term of 5 years
21beginning on the date of the officer's appointment. The chief
22procurement officer may be removed for cause after a hearing by
23the Executive Ethics Commission. The Governor or the director
24of a State agency directly responsible to the Governor may
25institute a complaint against the officer by filing such
26complaint with the Commission. The Commission shall have a

 

 

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1hearing based on the complaint. The officer and the complainant
2shall receive reasonable notice of the hearing and shall be
3permitted to present their respective arguments on the
4complaint. After the hearing, the Commission shall make a
5finding on the complaint and may take disciplinary action,
6including but not limited to removal of the officer.
7    The salary of a chief procurement officer shall be
8established by the Executive Ethics Commission and may not be
9diminished during the officer's term. The salary may not exceed
10the salary of the director of a State agency for which the
11officer serves as chief procurement officer.
12    (c) Qualifications. In addition to any other requirement or
13qualification required by State law, each chief procurement
14officer must within 12 months of employment be a Certified
15Professional Public Buyer or a Certified Public Purchasing
16Officer, pursuant to certification by the Universal Public
17Purchasing Certification Council, and must reside in Illinois.
18    (d) Fiduciary duty. Each chief procurement officer owes a
19fiduciary duty to the State.
20    (e) Vacancy. In case of a vacancy in one or more of the
21offices of a chief procurement officer under this Section
22during the recess of the Senate, the Executive Ethics
23Commission shall make a temporary appointment until the next
24meeting of the Senate, when the Executive Ethics Commission
25shall nominate some person to fill the office, and any person
26so nominated who is confirmed by the Senate shall hold office

 

 

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1during the remainder of the term and until his or her successor
2is appointed and qualified. If the Senate is not in session at
3the time this amendatory Act of the 96th General Assembly takes
4effect, the Executive Ethics Commission shall make a temporary
5appointment as in the case of a vacancy.
6    (f) Acting chief procurement officers. Prior to August 31,
72010, the Executive Ethics Commission may, until an initial
8chief procurement officer is appointed and qualified,
9designate some person as an acting chief procurement officer to
10execute the powers and discharge the duties vested by law in
11that chief procurement officer. An acting chief procurement
12officer shall serve no later than the appointment of the
13initial chief procurement officer pursuant to subsection (a) of
14this Section. Nothing in this subsection shall prohibit the
15Executive Ethics Commission from appointing an acting chief
16procurement officer as a chief procurement officer.
17    (g) Transition schedule. Notwithstanding any other
18provision of this Act or this amendatory Act of the 96th
19General Assembly, the chief procurement officers on the
20effective date of Public Act 96-793 shall continue to serve as
21chief procurement officers until August 31, 2010 and shall
22retain their powers and duties pertaining to procurements,
23provided the chief procurement officer appointed or approved by
24the Executive Ethics Commission shall approve any rules
25promulgated to implement this Code or the provisions of this
26amendatory Act of the 96th General Assembly. The chief

 

 

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1procurement officers appointed or approved by the Executive
2Ethics Commission shall assume the position of chief
3procurement officer upon appointment and work in collaboration
4with the current chief procurement officer and staff. On
5September 1, 2010, the chief procurement officers appointed by
6the Executive Ethics Commission shall assume the powers and
7duties of the chief procurement officers.
8(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
9for the effective date of P.A. 96-795); 96-920, eff. 7-1-10.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.