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Rep. Lamont J. Robinson, Jr.
Filed: 3/1/2022
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1 | | AMENDMENT TO HOUSE BILL 5108
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2 | | AMENDMENT NO. ______. Amend House Bill 5108, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Illinois Procurement Code is amended by |
6 | | changing Sections 1-15.15 and 10-20 and by adding Sections |
7 | | 1-15.43 and 1-15.44 as follows: |
8 | | (30 ILCS 500/1-15.15) |
9 | | Sec. 1-15.15. Chief Procurement Officer. "Chief
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10 | | Procurement Officer" means any of the 4 persons appointed or |
11 | | approved by a majority of the members of the Executive Ethics |
12 | | Commission as follows : |
13 | | (1) for procurements for construction and |
14 | | construction-related services
committed by law to the |
15 | | jurisdiction or responsibility of the Capital
Development |
16 | | Board, the independent chief procurement officer appointed |
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1 | | by a majority of the members of the Executive Ethics |
2 | | Commission. |
3 | | (2) for procurements for all construction, |
4 | | construction-related services,
operation of any facility, |
5 | | and the provision of any construction or |
6 | | construction-related service or activity
committed by law |
7 | | to the jurisdiction or responsibility of the Illinois
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8 | | Department of Transportation, including the direct or |
9 | | reimbursable expenditure
of all federal funds for which |
10 | | the Department of Transportation is responsible
or |
11 | | accountable for the use thereof in accordance with federal |
12 | | law, regulation,
or procedure, the independent chief |
13 | | procurement officer appointed by the Secretary of |
14 | | Transportation with the consent of the majority of the |
15 | | members of the Executive Ethics Commission. |
16 | | (3) for all procurements made by a public institution |
17 | | of higher education, the independent chief procurement |
18 | | officer appointed by a majority of the members of the |
19 | | Executive Ethics Commission. |
20 | | (4) (Blank).
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21 | | (4.5) for all procurements for information technology |
22 | | and information technology functions committed by law to |
23 | | the jurisdiction or responsibility of the Department of |
24 | | Innovation and Technology, the independent chief |
25 | | procurement officer appointed by a majority of the members |
26 | | of the Executive Ethics Commission. |
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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 |
5 | | Section 5 of P.A. 96-793 for the effective date of changes made |
6 | | by P.A. 96-795); 96-920, eff. 7-1-10.) |
7 | | (30 ILCS 500/1-15.43 new) |
8 | | Sec. 1-15.43. Information technology. "Information |
9 | | technology" means technology, infrastructure, equipment, |
10 | | systems, software, networks, and processes used to create, |
11 | | send, receive, and store electronic or digital information, |
12 | | including, without limitation, computer systems and |
13 | | telecommunication services and systems. "Information |
14 | | technology" shall be construed broadly to incorporate future |
15 | | technologies (such as sensors and balanced private hybrid or |
16 | | public cloud posture tailored to the mission of the agency) |
17 | | that change or supplant those in effect as of the effective |
18 | | date of this amendatory Act of the 102nd General Assembly. |
19 | | (30 ILCS 500/1-15.44 new) |
20 | | Sec. 1-15.44. Information technology functions. |
21 | | "Information technology functions" means the development, |
22 | | procurement, installation, retention, maintenance, operation, |
23 | | possession, storage, and related functions of all information |
24 | | technology. |
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1 | | (30 ILCS 500/10-20) |
2 | | Sec. 10-20. Independent chief procurement officers. |
3 | | (a) Appointment. The Within 60 calendar days after the |
4 | | effective date of this amendatory Act of the 96th General |
5 | | Assembly, the Executive Ethics Commission, with the advice and |
6 | | consent of the Senate shall appoint or approve 4 chief |
7 | | procurement officers, one for each of the following |
8 | | categories: |
9 | | (1) for procurements for construction and |
10 | | construction-related services committed by law to the |
11 | | jurisdiction or responsibility of the Capital Development |
12 | | Board; |
13 | | (2) for procurements for all construction, |
14 | | construction-related services, operation of any facility, |
15 | | and the provision of any service or activity committed by |
16 | | law to the jurisdiction or responsibility of the Illinois |
17 | | Department of Transportation, including the direct or |
18 | | reimbursable expenditure of all federal funds for which |
19 | | the Department of Transportation is responsible or |
20 | | accountable for the use thereof in accordance with federal |
21 | | law, regulation, or procedure, the chief procurement |
22 | | officer recommended for approval under this item appointed |
23 | | by the Secretary of Transportation after consent by the |
24 | | Executive Ethics Commission; |
25 | | (3) for all procurements made by a public institution |
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1 | | of higher education; and |
2 | | (3.5) for all procurements for information technology |
3 | | and information technology functions committed by law to |
4 | | the jurisdiction or responsibility of the Department of |
5 | | Innovation and Technology; and |
6 | | (4) for all other procurement needs of State agencies. |
7 | | The initial appointment of a chief procurement officer for |
8 | | information technology and information technology functions |
9 | | under paragraph (3.5) shall be made within 60 calendar days |
10 | | after the effective date of this amendatory Act of the 102nd |
11 | | General Assembly. Any person appointed as the chief |
12 | | procurement officer for information technology and information |
13 | | technology functions shall have prior experience in |
14 | | procurement at the Department of Innovation and Technology or |
15 | | any other State agency information technology procurement |
16 | | department. |
17 | | A chief procurement officer shall be responsible to the |
18 | | Executive Ethics Commission but must be located within the |
19 | | agency that the officer provides with procurement services. |
20 | | The chief procurement officer for higher education shall have |
21 | | an office located within the Board of Higher Education, unless |
22 | | otherwise designated by the Executive Ethics Commission. The |
23 | | chief procurement officer for all other procurement needs of |
24 | | the State shall have an office located within the Department |
25 | | of Central Management Services, unless otherwise designated by |
26 | | the Executive Ethics Commission. |
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1 | | (b) Terms and independence. Each chief procurement officer |
2 | | appointed under this Section shall serve for a term of 5 years |
3 | | beginning on the date of the officer's appointment. The chief |
4 | | procurement officer may be removed for cause after a hearing |
5 | | by the Executive Ethics Commission. The Governor or the |
6 | | director of a State agency directly responsible to the |
7 | | Governor may institute a complaint against the officer by |
8 | | filing such complaint with the Commission. The Commission |
9 | | shall have a hearing based on the complaint. The officer and |
10 | | the complainant shall receive reasonable notice of the hearing |
11 | | and shall be permitted to present their respective arguments |
12 | | on the complaint. After the hearing, the Commission shall make |
13 | | a finding on the complaint and may take disciplinary action, |
14 | | including but not limited to removal of the officer. |
15 | | The salary of a chief procurement officer shall be |
16 | | established by the Executive Ethics Commission and may not be |
17 | | diminished during the officer's term. The salary may not |
18 | | exceed the salary of the director of a State agency for which |
19 | | the officer serves as chief procurement officer. |
20 | | (c) Qualifications. In addition to any other requirement |
21 | | or qualification required by State law, each chief procurement |
22 | | officer must within 12 months of employment be a Certified |
23 | | Professional Public Buyer or a Certified Public Purchasing |
24 | | Officer, pursuant to certification by the Universal Public |
25 | | Purchasing Certification Council, and must reside in Illinois. |
26 | | (d) Fiduciary duty. Each chief procurement officer owes a |
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1 | | fiduciary duty to the State. |
2 | | (e) Vacancy. In case of a vacancy in one or more of the |
3 | | offices of a chief procurement officer under this Section |
4 | | during the recess of the Senate, the Executive Ethics |
5 | | Commission shall make a temporary appointment until the next |
6 | | meeting of the Senate, when the Executive Ethics Commission |
7 | | shall nominate some person to fill the office, and any person |
8 | | so nominated who is confirmed by the Senate shall hold office |
9 | | during the remainder of the term and until his or her successor |
10 | | is appointed and qualified. If the Senate is not in session at |
11 | | the time this amendatory Act of the 96th General Assembly |
12 | | takes effect, the Executive Ethics Commission shall make a |
13 | | temporary appointment as in the case of a vacancy. |
14 | | (f) (Blank). |
15 | | (g) (Blank). |
16 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
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17 | | Section 10. The Business Enterprise for Minorities, Women, |
18 | | and Persons with
Disabilities Act is amended by adding Section |
19 | | 8m as follows: |
20 | | (30 ILCS 575/8m new) |
21 | | Sec. 8m. Information technology vendors. For contracts |
22 | | entered into by the Department for Information Technology, it |
23 | | shall be established as the aspirational goal that at least |
24 | | 20% of the total dollar amount of such contracts shall be |
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1 | | awarded to prime vendors who have been certified by the |
2 | | Business Enterprise Program; provided that: (i) contracts |
3 | | representing at least 11% of the total annual premiums or fees |
4 | | shall be awarded to minority-owned businesses; (ii) contracts |
5 | | representing at least 7% of the total annual premiums or fees |
6 | | shall be awarded to women-owned businesses; and (iii) |
7 | | contracts representing at least 2% of the total annual |
8 | | premiums or fees shall be awarded to businesses owned by |
9 | | persons with disabilities. ".
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