Sen. James F. Clayborne, Jr.
Filed: 2/23/2012
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 350




2    AMENDMENT NO. ______. Amend Senate Bill 350 by replacing 
3everything after the enacting clause with the following:


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


6    (30 ILCS 500/10-15)



7    Sec. 10-15. Procurement compliance monitors. 
8    (a) The Procurement Policy Board Executive Ethics 
9Commission shall appoint procurement compliance monitors to 
10oversee and review the procurement processes. Each procurement 
11compliance monitor shall serve a term of 5 years beginning on 
12the date of the officer's appointment. The changes made by this 
13amendatory Act of the 97th General Assembly do not affect the 
14terms of the procurement compliance monitors serving on the 
15effective date of this amendatory Act of the 97th General 
16Assembly. Each procurement compliance monitor shall have an 
 
 
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1office located in the State agency that the monitor serves but 
2shall report to the Procurement Policy Board appropriate chief 
3procurement officer. The compliance monitor shall have direct 
4communications with the executive officer of a State agency in 
5exercising duties.  A procurement compliance monitor may be 
6removed only  for cause after a hearing by the Procurement 
7Policy Board Executive Ethics Commission. The appropriate 
8chief procurement officer or executive officer of the State 
9agency housing the procurement compliance monitor may 
10institute a complaint against the procurement compliance 
11monitor with the Board Commission and the Board  Commission 
12shall hold a public  hearing based on the complaint. The 
13procurement compliance monitor, State purchasing officer, 
14appropriate chief procurement officer, and executive officer 
15of the State agency shall receive notice of the hearing and 
16shall be permitted to present their respective arguments on the 
17complaint. After the hearing, upon a three-fifths vote, the 
18Board Commission shall determine  whether the procurement 
19compliance monitor shall be removed. The salary of a 
20procurement compliance monitor shall be established by the 
21Procurement Policy Board Executive Ethics Commission and may 
22not be diminished during the officer's term.
23    (b) The procurement compliance monitor may: (i) review each 
24contract or contract amendment prior to execution to ensure 
25that applicable procurement and contracting standards were 
26followed; (ii) attend any procurement meetings; (iii) access 
 
 
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1any records or files related to procurement; (iv) issue reports 
2to the Procurement Policy Board and the chief procurement 
3officer on procurement issues that present issues or that have 
4not been corrected after consultation with appropriate State 
5officials; (v) ensure the State agency is maintaining 
6appropriate records; and (vi) ensure transparency of the 
7procurement process.
8    (c) If the procurement compliance monitor is aware of 
9misconduct, waste, or inefficiency with respect to State 
10procurement, the procurement compliance monitor shall advise 
11the State agency of the issue. If the State agency does not 
12correct the issue, the monitor shall report the problem to the 
13Procurement Policy Board, the chief procurement officer, and 
14Inspector General.

15(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 
16for the effective date of changes made by P.A. 96-795).)

  
 
17    Section 99. Effective date. This Act takes effect July 1, 
182012.".