102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3884

 

Introduced 1/21/2022, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-13.5 new
30 ILCS 500/1-15.13
30 ILCS 500/1-15.15
30 ILCS 500/1-15.63 new
30 ILCS 500/1-15.100
30 ILCS 500/1-15.105
30 ILCS 500/10-20
30 ILCS 500/10-35 new
30 ILCS 500/1-13 rep.

    Amends the Illinois Procurement Code. Adds provisions concerning the applicability of the Code to public institutions of higher education. Provides for a Chief Procurement Officer for Higher Education to be appointed by a committee composed of the Illinois Public University Presidents (rather than appointed by the Executive Ethics Commission). Provides that the Chief Procurement Officer for Higher Education shall serve for a term of 5 years. Provides qualification and salary requirements for the Chief Procurement Officer for Higher Education. Defines terms. Makes conforming changes.


LRB102 23337 RJF 32503 b

 

 

A BILL FOR

 

SB3884LRB102 23337 RJF 32503 b

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 1-15.13, 1-15.15, 1-15.100, 1-15.105, and
610-20 and by adding Sections 1-13.5, 1-15.63, and 10-35 as
7follows:
 
8    (30 ILCS 500/1-13.5 new)
9    Sec. 1-13.5. Applicability to public institutions of
10higher education.
11    (a) Public institutions of higher education shall procure
12their needs in a manner substantially in accordance with the
13requirements of this Code and a Chief Procurement Officer
14appointed by a committee composed of the Illinois Public
15University Presidents or their designee, with advice and
16consent of the Senate, shall adopt rules to meet their needs.
17The Chief Procurement Officer shall adopt such rules in
18accordance with Section 5-25.
19    (b) The Chief Procurement Officer shall have
20qualifications meeting those outlined in subsection (c) of
21Section 10-35 at minimum, but shall have past experience in
22Higher Education or exhibit an above average understanding of
23Higher Education.

 

 

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1    (c) Public institutions of higher education shall observe
2Article 5 of this code and be responsible to the authority of
3the Procurement Policy Board and the Commission on Equity and
4Inclusion.
 
5    (30 ILCS 500/1-15.13)
6    Sec. 1-15.13. Chief Procurement Office. "Chief Procurement
7Office" means the offices to which the chief procurement
8officers are appointed pursuant to Section 10-20 and the
9Office of the Chief Procurement Officer for Higher Education
10as appointed under Section 10-35.
11(Source: P.A. 98-1076, eff. 1-1-15.)
 
12    (30 ILCS 500/1-15.15)
13    Sec. 1-15.15. Chief Procurement Officer.
14    "Chief Procurement Officer" means any of the 3 4 persons
15appointed or approved by a majority of the members of the
16Executive Ethics Commission:
17        (1) for procurements for construction and
18    construction-related services committed by law to the
19    jurisdiction or responsibility of the Capital Development
20    Board, the independent chief procurement officer appointed
21    by a majority of the members of the Executive Ethics
22    Commission.
23        (2) for procurements for all construction,
24    construction-related services, operation of any facility,

 

 

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1    and the provision of any construction or
2    construction-related service or activity committed by law
3    to the jurisdiction or responsibility of the Illinois
4    Department of Transportation, including the direct or
5    reimbursable expenditure of all federal funds for which
6    the Department of Transportation is responsible or
7    accountable for the use thereof in accordance with federal
8    law, regulation, or procedure, the independent chief
9    procurement officer appointed by the Secretary of
10    Transportation with the consent of the majority of the
11    members of the Executive Ethics Commission.
12        (3) (Blank). for all procurements made by a public
13    institution of higher education, the independent chief
14    procurement officer appointed by a majority of the members
15    of the Executive Ethics Commission.
16        (4) (Blank).
17        (5) for all other procurements, the independent chief
18    procurement officer appointed by a majority of the members
19    of the Executive Ethics Commission.
20    "Chief Procurement Officer" also includes the Chief
21Procurement Officer for Higher Education as appointed under
22Section 10-35.
23(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
24Section 5 of P.A. 96-793 for the effective date of changes made
25by P.A. 96-795); 96-920, eff. 7-1-10.)
 

 

 

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1    (30 ILCS 500/1-15.63 new)
2    Sec. 1-15.63. Public institution of higher education.
3"Public institution of higher education" means the governing
4boards of the University of Illinois, Southern Illinois
5University, Illinois State University, Eastern Illinois
6University, Northern Illinois University, Western Illinois
7University, Chicago State University, Governors State
8University, and Northeastern Illinois University.
 
9    (30 ILCS 500/1-15.100)
10    Sec. 1-15.100. State agency. "State agency" means and
11includes all boards, commissions, agencies, institutions,
12authorities, and bodies politic and corporate of the State,
13created by or in accordance with the constitution or statute,
14of the executive branch of State government and does include
15colleges, universities, and institutions under the
16jurisdiction of the governing boards of the University of
17Illinois, Southern Illinois University, Illinois State
18University, Eastern Illinois University, Northern Illinois
19University, Western Illinois University, Chicago State
20University, Governors State University, Northeastern Illinois
21University, and the Board of Higher Education. However, this
22term does not apply to public employee retirement systems or
23investment boards that are subject to fiduciary duties imposed
24by the Illinois Pension Code or to the University of Illinois
25Foundation. "State agency" does not include units of local

 

 

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1government, school districts, community colleges under the
2Public Community College Act, colleges, universities, and
3institutions under the jurisdiction of the governing boards of
4the University of Illinois, Southern Illinois University,
5Illinois State University, Eastern Illinois University,
6Northern Illinois University, Western Illinois University,
7Chicago State University, Governors State University,
8Northeastern Illinois University, and the Board of Higher
9Education. "State agency" also does not apply to public
10employee retirement systems or investment boards that are
11subject to fiduciary duties imposed by the Illinois Pension
12Code or to the University of Illinois Foundation and the
13Illinois Comprehensive Health Insurance Board.
14(Source: P.A. 101-81, eff. 7-12-19.)
 
15    (30 ILCS 500/1-15.105)
16    Sec. 1-15.105. State purchasing officer. "State purchasing
17officer" means, except as otherwise provided in this Section,
18a person appointed by any of the chief procurement officers to
19exercise the procurement authority created by this Code or by
20rule. For public institutions of higher education, the State
21purchasing officer for each institution shall be the Director
22of Purchasing, or his or her designee, as appointed by the
23President for each public institution of higher education.
24(Source: P.A. 90-572, eff. 2-6-98.)
 

 

 

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1    (30 ILCS 500/10-20)
2    Sec. 10-20. Independent chief procurement officers.
3    (a) Appointment. 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 3 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) (blank); and for all procurements made by a public
26    institution of higher education; and

 

 

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1        (4) for all other procurement needs of State agencies.
2    A chief procurement officer shall be responsible to the
3Executive Ethics Commission but must be located within the
4agency that the officer provides with procurement services.
5The chief procurement officer for higher education shall have
6an office located within the Board of Higher Education, unless
7otherwise designated by the Executive Ethics Commission. The
8chief procurement officer for all other procurement needs of
9the State shall have an office located within the Department
10of Central Management Services, unless otherwise designated by
11the Executive Ethics Commission.
12    (b) Terms and independence. Each chief procurement officer
13appointed under this Section shall serve for a term of 5 years
14beginning on the date of the officer's appointment. The chief
15procurement officer may be removed for cause after a hearing
16by the Executive Ethics Commission. The Governor or the
17director of a State agency directly responsible to the
18Governor may institute a complaint against the officer by
19filing such complaint with the Commission. The Commission
20shall have a hearing based on the complaint. The officer and
21the complainant shall receive reasonable notice of the hearing
22and shall be permitted to present their respective arguments
23on the complaint. After the hearing, the Commission shall make
24a finding on the complaint and may take disciplinary action,
25including but not limited to removal of the officer.
26    The salary of a chief procurement officer shall be

 

 

SB3884- 8 -LRB102 23337 RJF 32503 b

1established by the Executive Ethics Commission and may not be
2diminished during the officer's term. The salary may not
3exceed the salary of the director of a State agency for which
4the officer serves as chief procurement officer.
5    (c) Qualifications. In addition to any other requirement
6or qualification required by State law, each chief procurement
7officer must within 12 months of employment be a Certified
8Professional Public Buyer or a Certified Public Purchasing
9Officer, pursuant to certification by the Universal Public
10Purchasing Certification Council, and must reside in Illinois.
11    (d) Fiduciary duty. Each chief procurement officer owes a
12fiduciary duty to the State.
13    (e) Vacancy. In case of a vacancy in one or more of the
14offices of a chief procurement officer under this Section
15during the recess of the Senate, the Executive Ethics
16Commission shall make a temporary appointment until the next
17meeting of the Senate, when the Executive Ethics Commission
18shall nominate some person to fill the office, and any person
19so nominated who is confirmed by the Senate shall hold office
20during the remainder of the term and until his or her successor
21is appointed and qualified. If the Senate is not in session at
22the time this amendatory Act of the 96th General Assembly
23takes effect, the Executive Ethics Commission shall make a
24temporary appointment as in the case of a vacancy.
25    (f) (Blank).
26    (g) (Blank).

 

 

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1(Source: P.A. 98-1076, eff. 1-1-15.)
 
2    (30 ILCS 500/10-35 new)
3    Sec. 10-35. Chief Procurement Officer for Higher
4Education.
5    (a) The Chief Procurement Officer for Higher Education
6shall be appointed by a committee of the Illinois Public
7University Presidents or their designee, with advice and
8consent of the Senate, and shall be responsible to the
9Illinois Public Higher Education Cooperative Board and reside
10in one of the 13 public institutions of higher education
11determined by the Illinois Public Higher Education Cooperative
12Board of Trustees.
13    (b) The Chief Procurement Officer for Higher Education
14shall serve for a term of 5 years beginning on the date of the
15Officer's appointment.
16    (c) In addition to any other requirement or qualification
17required by State law, the Chief Procurement Officer for
18Higher Education must within 12 months after commencement of
19his or her employment be a Certified Professional Public Buyer
20or a Certified Public Purchasing Officer, or like
21certification, pursuant to certification by the Universal
22Public Purchasing Certification Council, and must reside in
23Illinois.
24    (d) The salary of Chief Procurement Officer for Higher
25Education shall be established by the Illinois Public Higher

 

 

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1Education Cooperative Board of Trustees and may not be
2diminished during the Officer's term. The salary will be
3commensurate with the qualification of the appointed
4candidate. The Illinois Public Higher Education Cooperative
5Board shall establish the salary and discretionary budget for
6the Chief Procurement Officer for Higher Education and any
7such funds will be transferred from the Illinois Public Higher
8Education Cooperative office to the public institution of
9higher education housing the Chief Procurement Officer for
10Higher Education.
 
11    (30 ILCS 500/1-13 rep.)
12    Section 10. The Illinois Procurement Code is amended by
13repealing Section 1-13.