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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 and by adding Sections
61-15.43 and 1-15.44 as follows:
 
7    (30 ILCS 500/1-15.15)
8    Sec. 1-15.15. Chief Procurement Officer. "Chief
9Procurement Officer" means any of the 4 persons appointed or
10approved by a majority of the members of the Executive Ethics
11Commission as follows:
12        (1) for procurements for construction and
13    construction-related services committed by law to the
14    jurisdiction or responsibility of the Capital Development
15    Board, the independent chief procurement officer appointed
16    by a majority of the members of the Executive Ethics
17    Commission.
18        (2) for procurements for all construction,
19    construction-related services, operation of any facility,
20    and the provision of any construction or
21    construction-related service or activity committed by law
22    to the jurisdiction or responsibility of the Illinois
23    Department of Transportation, including the direct or

 

 

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1    reimbursable expenditure of all federal funds for which
2    the Department of Transportation is responsible or
3    accountable for the use thereof in accordance with federal
4    law, regulation, or procedure, the independent chief
5    procurement officer appointed by the Secretary of
6    Transportation with the consent of the majority of the
7    members of the Executive Ethics Commission.
8        (3) for all procurements made by a public institution
9    of higher education, the independent chief procurement
10    officer appointed by a majority of the members of the
11    Executive Ethics Commission.
12        (4) (Blank).
13        (4.5) for all procurements for information technology
14    and information technology functions committed by law to
15    the jurisdiction or responsibility of the Department of
16    Innovation and Technology, the independent chief
17    procurement officer appointed by a majority of the members
18    of the Executive Ethics Commission.
19        (5) for all other procurements, the independent chief
20    procurement officer appointed by a majority of the members
21    of the Executive Ethics Commission.
22(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
23Section 5 of P.A. 96-793 for the effective date of changes made
24by P.A. 96-795); 96-920, eff. 7-1-10.)
 
25    (30 ILCS 500/1-15.43 new)

 

 

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1    Sec. 1-15.43. Information technology. "Information
2technology" means technology, infrastructure, equipment,
3systems, software, networks, and processes used to create,
4send, receive, and store electronic or digital information,
5including, without limitation, computer systems and
6telecommunication services and systems. "Information
7technology" shall be construed broadly to incorporate future
8technologies (such as sensors and balanced private hybrid or
9public cloud posture tailored to the mission of the agency)
10that change or supplant those in effect as of the effective
11date of this amendatory Act of the 102nd General Assembly.
 
12    (30 ILCS 500/1-15.44 new)
13    Sec. 1-15.44. Information technology functions.
14"Information technology functions" means the development,
15procurement, installation, retention, maintenance, operation,
16possession, storage, and related functions of all information
17technology.
 
18    (30 ILCS 500/10-20)
19    Sec. 10-20. Independent chief procurement officers.
20    (a) Appointment. The Within 60 calendar days after the
21effective date of this amendatory Act of the 96th General
22Assembly, the Executive Ethics Commission, with the advice and
23consent of the Senate shall appoint or approve 4 chief
24procurement officers, one for each of the following

 

 

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1categories:
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;
6        (2) for procurements for all construction,
7    construction-related services, operation of any facility,
8    and the provision of any service or activity committed by
9    law to the jurisdiction or responsibility of the Illinois
10    Department of Transportation, including the direct or
11    reimbursable expenditure of all federal funds for which
12    the Department of Transportation is responsible or
13    accountable for the use thereof in accordance with federal
14    law, regulation, or procedure, the chief procurement
15    officer recommended for approval under this item appointed
16    by the Secretary of Transportation after consent by the
17    Executive Ethics Commission;
18        (3) for all procurements made by a public institution
19    of higher education; and
20        (3.5) for all procurements for information technology
21    and information technology functions committed by law to
22    the jurisdiction or responsibility of the Department of
23    Innovation and Technology; and
24        (4) for all other procurement needs of State agencies.
25    The initial appointment of a chief procurement officer for
26information technology and information technology functions

 

 

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1under paragraph (3.5) shall be made within 60 calendar days
2after the effective date of this amendatory Act of the 102nd
3General Assembly. Any person appointed as the chief
4procurement officer for information technology and information
5technology functions shall have prior experience in
6procurement at the Department of Innovation and Technology or
7any other State agency information technology procurement
8department.
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.
12The chief procurement officer for higher education shall have
13an office 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
17of Central 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
23by the Executive Ethics Commission. The Governor or the
24director of a State agency directly responsible to the
25Governor may institute a complaint against the officer by
26filing such complaint with the Commission. The Commission

 

 

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1shall have a hearing based on the complaint. The officer and
2the complainant shall receive reasonable notice of the hearing
3and shall be permitted to present their respective arguments
4on the complaint. After the hearing, the Commission shall make
5a finding 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
10exceed the salary of the director of a State agency for which
11the officer serves as chief procurement officer.
12    (c) Qualifications. In addition to any other requirement
13or qualification 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
4takes effect, the Executive Ethics Commission shall make a
5temporary appointment as in the case of a vacancy.
6    (f) (Blank).
7    (g) (Blank).
8(Source: P.A. 98-1076, eff. 1-1-15.)
 
9    Section 10. The Business Enterprise for Minorities, Women,
10and Persons with Disabilities Act is amended by adding Section
118m as follows:
 
12    (30 ILCS 575/8m new)
13    Sec. 8m. Information technology vendors. For contracts
14entered into by the Department for Information Technology, it
15shall be established as the aspirational goal that at least
1620% of the total dollar amount of such contracts shall be
17awarded to prime vendors who have been certified by the
18Business Enterprise Program; provided that: (i) contracts
19representing at least 11% of the total annual premiums or fees
20shall be awarded to minority-owned businesses; (ii) contracts
21representing at least 7% of the total annual premiums or fees
22shall be awarded to women-owned businesses; and (iii)
23contracts representing at least 2% of the total annual
24premiums or fees shall be awarded to businesses owned by

 

 

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1persons with disabilities.