SB3884 102ND GENERAL ASSEMBLY

LRB102 23337 RJF 32503 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3884

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

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.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by changing Sections 1-15.13, 1-15.15, 1-15.100, 1-15.105, and 10-20 and by adding Sections 1-13.5, 1-15.63, and 10-35 as follows:

(30 ILCS 500/1-13.5 new)

Sec. 1-13.5. Applicability to public institutions of higher education.

(a) Public institutions of higher education shall procure their needs in a manner substantially in accordance with the requirements of this Code and a Chief Procurement Officer appointed by a committee composed of the Illinois Public University Presidents or their designee, with advice and consent of the Senate, shall adopt rules to meet their needs. The Chief Procurement Officer shall adopt such rules in accordance with Section 5-25.

(b) The Chief Procurement Officer shall have qualifications meeting those outlined in subsection (c) of Section 10-35 at minimum, but shall have past experience in Higher Education or exhibit an above average understanding of Higher Education.

(c) Public institutions of higher education shall observe Article 5 of this code and be responsible to the authority of the Procurement Policy Board and the Commission on Equity and Inclusion.

(30 ILCS 500/1-15.13)

Sec. 1-15.13. Chief Procurement Office. "Chief Procurement Office" means the offices to which the chief procurement officers are appointed pursuant to Section 10-20 and the Office of the Chief Procurement Officer for Higher Education as appointed under Section 10-35.

(Source: P.A. 98-1076, eff. 1-1-15.)

(30 ILCS 500/1-15.15)

Sec. 1-15.15. Chief Procurement Officer.

"Chief Procurement Officer" means any of the 3 4 persons appointed or approved by a majority of the members of the Executive Ethics Commission:

(1) for procurements for construction and construction-related services committed by law to the jurisdiction or responsibility of the Capital Development Board, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission.

(2) for procurements for all construction, construction-related services, operation of any facility, and the provision of any construction or construction-related service or activity committed by law to the jurisdiction or responsibility of the Illinois Department of Transportation, including the direct or reimbursable expenditure of all federal funds for which the Department of Transportation is responsible or accountable for the use thereof in accordance with federal law, regulation, or procedure, the independent chief procurement officer appointed by the Secretary of Transportation with the consent of the majority of the members of the Executive Ethics Commission.

(3) (Blank). for all procurements made by a public institution of higher education, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission.

(4) (Blank).

(5) for all other procurements, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission.

"Chief Procurement Officer" also includes the Chief Procurement Officer for Higher Education as appointed under Section 10-35.

(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-920, eff. 7-1-10.)

(30 ILCS 500/1-15.63 new)

Sec. 1-15.63. Public institution of higher education. "Public institution of higher education" means the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governors State University, and Northeastern Illinois University.

(30 ILCS 500/1-15.100)

Sec. 1-15.100. State agency. "State agency" means and includes all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the State, created by or in accordance with the constitution or statute, of the executive branch of State government and does include colleges, universities, and institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governors State University, Northeastern Illinois University, and the Board of Higher Education. However, this term does not apply to public employee retirement systems or investment boards that are subject to fiduciary duties imposed by the Illinois Pension Code or to the University of Illinois Foundation. "State agency" does not include units of local government, school districts, community colleges under the Public Community College Act, colleges, universities, and institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governors State University, Northeastern Illinois University, and the Board of Higher Education. "State agency" also does not apply to public employee retirement systems or investment boards that are subject to fiduciary duties imposed by the Illinois Pension Code or to the University of Illinois Foundation and the Illinois Comprehensive Health Insurance Board.

(Source: P.A. 101-81, eff. 7-12-19.)

(30 ILCS 500/1-15.105)

Sec. 1-15.105. State purchasing officer. "State purchasing officer" means, except as otherwise provided in this Section, a person appointed by any of the chief procurement officers to exercise the procurement authority created by this Code or by rule. For public institutions of higher education, the State purchasing officer for each institution shall be the Director of Purchasing, or his or her designee, as appointed by the President for each public institution of higher education.

(Source: P.A. 90-572, eff. 2-6-98.)

(30 ILCS 500/10-20)

Sec. 10-20. Independent chief procurement officers.

(a) Appointment. Within 60 calendar days after the effective date of this amendatory Act of the 96th General Assembly, the Executive Ethics Commission, with the advice and consent of the Senate shall appoint or approve 3 4 chief procurement officers, one for each of the following categories:

(1) for procurements for construction and construction-related services committed by law to the jurisdiction or responsibility of the Capital Development Board;

(2) for procurements for all construction, construction-related services, operation of any facility, and the provision of any service or activity committed by law to the jurisdiction or responsibility of the Illinois Department of Transportation, including the direct or reimbursable expenditure of all federal funds for which the Department of Transportation is responsible or accountable for the use thereof in accordance with federal law, regulation, or procedure, the chief procurement officer recommended for approval under this item appointed by the Secretary of Transportation after consent by the Executive Ethics Commission;

(3) (blank); and for all procurements made by a public institution of higher education; and

(4) for all other procurement needs of State agencies.

A chief procurement officer shall be responsible to the Executive Ethics Commission but must be located within the agency that the officer provides with procurement services. The chief procurement officer for higher education shall have an office located within the Board of Higher Education, unless otherwise designated by the Executive Ethics Commission. The chief procurement officer for all other procurement needs of the State shall have an office located within the Department of Central Management Services, unless otherwise designated by the Executive Ethics Commission.

(b) Terms and independence. Each chief procurement officer appointed under this Section shall serve for a term of 5 years beginning on the date of the officer's appointment. The chief procurement officer may be removed for cause after a hearing by the Executive Ethics Commission. The Governor or the director of a State agency directly responsible to the Governor may institute a complaint against the officer by filing such complaint with the Commission. The Commission shall have a hearing based on the complaint. The officer and the complainant shall receive reasonable notice of the hearing and shall be permitted to present their respective arguments on the complaint. After the hearing, the Commission shall make a finding on the complaint and may take disciplinary action, including but not limited to removal of the officer.

The salary of a chief procurement officer shall be established by the Executive Ethics Commission and may not be diminished during the officer's term. The salary may not exceed the salary of the director of a State agency for which the officer serves as chief procurement officer.

(c) Qualifications. In addition to any other requirement or qualification required by State law, each chief procurement officer must within 12 months of employment be a Certified Professional Public Buyer or a Certified Public Purchasing Officer, pursuant to certification by the Universal Public Purchasing Certification Council, and must reside in Illinois.

(d) Fiduciary duty. Each chief procurement officer owes a fiduciary duty to the State.

(e) Vacancy. In case of a vacancy in one or more of the offices of a chief procurement officer under this Section during the recess of the Senate, the Executive Ethics Commission shall make a temporary appointment until the next meeting of the Senate, when the Executive Ethics Commission shall nominate some person to fill the office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his or her successor is appointed and qualified. If the Senate is not in session at the time this amendatory Act of the 96th General Assembly takes effect, the Executive Ethics Commission shall make a temporary appointment as in the case of a vacancy.

(f) (Blank).

(g) (Blank).

(Source: P.A. 98-1076, eff. 1-1-15.)

(30 ILCS 500/10-35 new)

Sec. 10-35. Chief Procurement Officer for Higher Education.

(a) The Chief Procurement Officer for Higher Education shall be appointed by a committee of the Illinois Public University Presidents or their designee, with advice and consent of the Senate, and shall be responsible to the Illinois Public Higher Education Cooperative Board and reside in one of the 13 public institutions of higher education determined by the Illinois Public Higher Education Cooperative Board of Trustees.

(b) The Chief Procurement Officer for Higher Education shall serve for a term of 5 years beginning on the date of the Officer's appointment.

(c) In addition to any other requirement or qualification required by State law, the Chief Procurement Officer for Higher Education must within 12 months after commencement of his or her employment be a Certified Professional Public Buyer or a Certified Public Purchasing Officer, or like certification, pursuant to certification by the Universal Public Purchasing Certification Council, and must reside in Illinois.

(d) The salary of Chief Procurement Officer for Higher Education shall be established by the Illinois Public Higher Education Cooperative Board of Trustees and may not be diminished during the Officer's term. The salary will be commensurate with the qualification of the appointed candidate. The Illinois Public Higher Education Cooperative Board shall establish the salary and discretionary budget for the Chief Procurement Officer for Higher Education and any such funds will be transferred from the Illinois Public Higher Education Cooperative office to the public institution of higher education housing the Chief Procurement Officer for Higher Education.

(30 ILCS 500/1-13 rep.)

Section 10. The Illinois Procurement Code is amended by repealing Section 1-13.