Rep. Lamont J. Robinson, Jr.

Filed: 3/1/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5108

2    AMENDMENT NO. ______. Amend House Bill 5108, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Procurement Code is amended by
6changing Sections 1-15.15 and 10-20 and by adding Sections
71-15.43 and 1-15.44 as follows:
 
8    (30 ILCS 500/1-15.15)
9    Sec. 1-15.15. Chief Procurement Officer. "Chief
10Procurement Officer" means any of the 4 persons appointed or
11approved by a majority of the members of the Executive Ethics
12Commission 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
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).
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
5Section 5 of P.A. 96-793 for the effective date of changes made
6by 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
9technology" means technology, infrastructure, equipment,
10systems, software, networks, and processes used to create,
11send, receive, and store electronic or digital information,
12including, without limitation, computer systems and
13telecommunication services and systems. "Information
14technology" shall be construed broadly to incorporate future
15technologies (such as sensors and balanced private hybrid or
16public cloud posture tailored to the mission of the agency)
17that change or supplant those in effect as of the effective
18date 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,
22procurement, installation, retention, maintenance, operation,
23possession, storage, and related functions of all information
24technology.
 

 

 

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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
4effective date of this amendatory Act of the 96th General
5Assembly, the Executive Ethics Commission, with the advice and
6consent of the Senate shall appoint or approve 4 chief
7procurement officers, one for each of the following
8categories:
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
8information technology and information technology functions
9under paragraph (3.5) shall be made within 60 calendar days
10after the effective date of this amendatory Act of the 102nd
11General Assembly. Any person appointed as the chief
12procurement officer for information technology and information
13technology functions shall have prior experience in
14procurement at the Department of Innovation and Technology or
15any other State agency information technology procurement
16department.
17    A chief procurement officer shall be responsible to the
18Executive Ethics Commission but must be located within the
19agency that the officer provides with procurement services.
20The chief procurement officer for higher education shall have
21an office located within the Board of Higher Education, unless
22otherwise designated by the Executive Ethics Commission. The
23chief procurement officer for all other procurement needs of
24the State shall have an office located within the Department
25of Central Management Services, unless otherwise designated by
26the Executive Ethics Commission.

 

 

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1    (b) Terms and independence. Each chief procurement officer
2appointed under this Section shall serve for a term of 5 years
3beginning on the date of the officer's appointment. The chief
4procurement officer may be removed for cause after a hearing
5by the Executive Ethics Commission. The Governor or the
6director of a State agency directly responsible to the
7Governor may institute a complaint against the officer by
8filing such complaint with the Commission. The Commission
9shall have a hearing based on the complaint. The officer and
10the complainant shall receive reasonable notice of the hearing
11and shall be permitted to present their respective arguments
12on the complaint. After the hearing, the Commission shall make
13a finding on the complaint and may take disciplinary action,
14including but not limited to removal of the officer.
15    The salary of a chief procurement officer shall be
16established by the Executive Ethics Commission and may not be
17diminished during the officer's term. The salary may not
18exceed the salary of the director of a State agency for which
19the officer serves as chief procurement officer.
20    (c) Qualifications. In addition to any other requirement
21or qualification required by State law, each chief procurement
22officer must within 12 months of employment be a Certified
23Professional Public Buyer or a Certified Public Purchasing
24Officer, pursuant to certification by the Universal Public
25Purchasing Certification Council, and must reside in Illinois.
26    (d) Fiduciary duty. Each chief procurement officer owes a

 

 

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1fiduciary duty to the State.
2    (e) Vacancy. In case of a vacancy in one or more of the
3offices of a chief procurement officer under this Section
4during the recess of the Senate, the Executive Ethics
5Commission shall make a temporary appointment until the next
6meeting of the Senate, when the Executive Ethics Commission
7shall nominate some person to fill the office, and any person
8so nominated who is confirmed by the Senate shall hold office
9during the remainder of the term and until his or her successor
10is appointed and qualified. If the Senate is not in session at
11the time this amendatory Act of the 96th General Assembly
12takes effect, the Executive Ethics Commission shall make a
13temporary appointment as in the case of a vacancy.
14    (f) (Blank).
15    (g) (Blank).
16(Source: P.A. 98-1076, eff. 1-1-15.)
 
17    Section 10. The Business Enterprise for Minorities, Women,
18and Persons with Disabilities Act is amended by adding Section
198m as follows:
 
20    (30 ILCS 575/8m new)
21    Sec. 8m. Information technology vendors. For contracts
22entered into by the Department for Information Technology, it
23shall be established as the aspirational goal that at least
2420% of the total dollar amount of such contracts shall be

 

 

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1awarded to prime vendors who have been certified by the
2Business Enterprise Program; provided that: (i) contracts
3representing at least 11% of the total annual premiums or fees
4shall be awarded to minority-owned businesses; (ii) contracts
5representing at least 7% of the total annual premiums or fees
6shall be awarded to women-owned businesses; and (iii)
7contracts representing at least 2% of the total annual
8premiums or fees shall be awarded to businesses owned by
9persons with disabilities.".