HB5492 98TH GENERAL ASSEMBLY

LRB098 18403 JWD 53540 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5492

Introduced , by Rep. Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:

30 ILCS 500/5-25

Amends the Illinois Procurement Code. Provides that, upon request, the Director or Secretary of the State agency shall appear before the Procurement Policy board at a regularly scheduled meeting of the board to address any questions or concerns of the board. Effective immediately.

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 5-25 as follows:

(30 ILCS 500/5-25)

Sec. 5-25. Rulemaking authority; agency policy; agency response.

(a) Rulemaking. A chief procurement officer authorized to make procurements under this Code shall have the authority to promulgate rules to carry out that authority. That rulemaking on specific procurement topics is mentioned in specific Sections of this Code shall not be construed as prohibiting or limiting rulemaking on other procurement topics.

All rules shall be promulgated in accordance with the Illinois Administrative Procedure Act. Contractual provisions, specifications, and procurement descriptions are not rules and are not subject to the Illinois Administrative Procedure Act. All rules other than those promulgated by the Board shall be presented in writing to the Board and the Executive Procurement Officer for review and comment. The Board and the Executive Procurement Officer shall express their opinions and recommendations in writing. The proposed rules and recommendations shall be made available for public review. The rules shall also be approved by the Joint Committee on Administrative Rules.

(b) Policy. Each chief procurement officer shall promptly notify the Procurement Policy Board in writing of any proposed new procurement rule or policy or any proposed change in an existing procurement rule or policy.

(c) Response. Each State agency must respond promptly in writing to all inquiries and comments of the Procurement Policy Board or Executive Procurement Officer and, upon request, the Director or Secretary of the State agency shall appear before the Board at a regularly scheduled meeting of the Board to address any questions or concerns of the Board.

(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 upon becoming law.