HB5361 97TH GENERAL ASSEMBLY

LRB097 19647 PJG 64901 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5361

Introduced 2/15/2012, by Rep. Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:

30 ILCS 500/10-15

Amends the Illinois Procurement Code. Provides that the Procurement Policy Board (now, the Executive Ethics Commission) shall appoint procurement compliance monitors to oversee and review the procurement processes. Provides that, after a hearing, the Board (now, the Commission) shall determine whether a procurement compliance monitor shall be removed. Provides that the determination shall be made upon a three-fifths vote of the Board. Effective July 1, 2012.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by changing Section 10-15 as follows:

(30 ILCS 500/10-15)

Sec. 10-15. Procurement compliance monitors.

(a) The Procurement Policy Board Executive Ethics Commission shall appoint procurement compliance monitors to oversee and review the procurement processes. Each procurement compliance monitor shall serve a term of 5 years beginning on the date of the officer's appointment. The changes made by this amendatory Act of the 97th General Assembly do not affect the terms of the procurement compliance monitors serving on the effective date of this amendatory Act of the 97th General Assembly. Each procurement compliance monitor shall have an office located in the State agency that the monitor serves but shall report to the Procurement Policy Board appropriate chief procurement officer. The compliance monitor shall have direct communications with the executive officer of a State agency in exercising duties. A procurement compliance monitor may be removed only for cause after a hearing by the Procurement Policy Board Executive Ethics Commission. The appropriate chief procurement officer or executive officer of the State agency housing the procurement compliance monitor may institute a complaint against the procurement compliance monitor with the Board Commission and the Board Commission shall hold a public hearing based on the complaint. The procurement compliance monitor, State purchasing officer, appropriate chief procurement officer, and executive officer of the State agency shall receive notice of the hearing and shall be permitted to present their respective arguments on the complaint. After the hearing, upon a three-fifths vote, the Board Commission shall determine whether the procurement compliance monitor shall be removed. The salary of a procurement compliance monitor shall be established by the Procurement Policy Board Executive Ethics Commission and may not be diminished during the officer's term.

(b) The procurement compliance monitor may: (i) review each contract or contract amendment prior to execution to ensure that applicable procurement and contracting standards were followed; (ii) attend any procurement meetings; (iii) access any records or files related to procurement; (iv) issue reports to the Procurement Policy Board and the chief procurement officer on procurement issues that present issues or that have not been corrected after consultation with appropriate State officials; (v) ensure the State agency is maintaining appropriate records; and (vi) ensure transparency of the procurement process.

(c) If the procurement compliance monitor is aware of misconduct, waste, or inefficiency with respect to State procurement, the procurement compliance monitor shall advise the State agency of the issue. If the State agency does not correct the issue, the monitor shall report the problem to the Procurement Policy Board, the chief procurement officer, and Inspector General.

(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)

Section 99. Effective date. This Act takes effect July 1, 2012.