Full Text of SB3884 102nd General Assembly
SB3884 102ND GENERAL ASSEMBLY |
| | 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. | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-15.13, 1-15.15, 1-15.100, 1-15.105, and | 6 | | 10-20 and by adding Sections 1-13.5, 1-15.63, and 10-35 as | 7 | | follows: | 8 | | (30 ILCS 500/1-13.5 new) | 9 | | Sec. 1-13.5. Applicability to public institutions of | 10 | | higher education. | 11 | | (a) Public institutions of higher education shall procure | 12 | | their needs in a manner substantially in accordance with the | 13 | | requirements of this Code and a Chief Procurement Officer | 14 | | appointed by a committee composed of the Illinois Public | 15 | | University Presidents or their designee, with advice and | 16 | | consent of the Senate, shall adopt rules to meet their needs. | 17 | | The Chief Procurement Officer shall adopt such rules in | 18 | | accordance with Section 5-25. | 19 | | (b) The Chief Procurement Officer shall have | 20 | | qualifications meeting those outlined in subsection (c) of | 21 | | Section 10-35 at minimum, but shall have past experience in | 22 | | Higher Education or exhibit an above average understanding of | 23 | | Higher Education. |
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| 1 | | (c) Public institutions of higher education shall observe | 2 | | Article 5 of this code and be responsible to the authority of | 3 | | the Procurement Policy Board and the Commission on Equity and | 4 | | Inclusion. | 5 | | (30 ILCS 500/1-15.13) | 6 | | Sec. 1-15.13. Chief Procurement Office. "Chief Procurement | 7 | | Office" means the offices to which the chief procurement | 8 | | officers are appointed pursuant to Section 10-20 and the | 9 | | Office of the Chief Procurement Officer for Higher Education | 10 | | as 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 | 15 | | appointed or approved by a majority of the members of the | 16 | | Executive 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 | 21 | | Procurement Officer for Higher Education as appointed under | 22 | | Section 10-35. | 23 | | (Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see | 24 | | Section 5 of P.A. 96-793 for the effective date of changes made | 25 | | by 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 | 4 | | boards of the University of Illinois, Southern Illinois | 5 | | University, Illinois State University, Eastern Illinois | 6 | | University, Northern Illinois University, Western Illinois | 7 | | University, Chicago State University, Governors State | 8 | | University, and Northeastern Illinois University.
| 9 | | (30 ILCS 500/1-15.100)
| 10 | | Sec. 1-15.100. State agency. "State agency" means and | 11 | | includes all
boards, commissions, agencies, institutions, | 12 | | authorities, and bodies politic
and corporate of the State, | 13 | | created by or in accordance with the constitution
or statute, | 14 | | of the executive branch of State government and does include
| 15 | | colleges, universities, and institutions under the | 16 | | jurisdiction of the
governing boards of the University of | 17 | | Illinois, Southern Illinois University,
Illinois State | 18 | | University, Eastern Illinois University, Northern Illinois
| 19 | | University, Western Illinois University, Chicago State | 20 | | University, Governors
State University, Northeastern Illinois | 21 | | University, and the Board of Higher
Education. However, this | 22 | | term does
not apply to public employee retirement systems or | 23 | | investment boards that are
subject to fiduciary duties imposed | 24 | | by the Illinois Pension Code or to the
University of Illinois | 25 | | Foundation . "State agency" does not include units of
local |
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| 1 | | government, school districts, community colleges under the | 2 | | Public
Community College Act, colleges, universities, and | 3 | | institutions under the jurisdiction of the governing boards of | 4 | | the University of Illinois, Southern Illinois University, | 5 | | Illinois State University, Eastern Illinois University, | 6 | | Northern Illinois University, Western Illinois University, | 7 | | Chicago State University, Governors State University, | 8 | | Northeastern Illinois University, and the Board of Higher | 9 | | Education. "State agency" also does not apply to public | 10 | | employee retirement systems or investment boards that are | 11 | | subject to fiduciary duties imposed by the Illinois Pension | 12 | | Code or to the University of Illinois Foundation and the | 13 | | Illinois 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 | 17 | | officer"
means , except as otherwise provided in this Section, | 18 | | a person appointed by any of the chief procurement officers to | 19 | | exercise
the procurement authority created by this Code or by | 20 | | rule. For public institutions of higher education, the State | 21 | | purchasing officer for each institution shall be the Director | 22 | | of Purchasing, or his or her designee, as appointed by the | 23 | | President 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 | 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 3 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) (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 | 3 | | Executive Ethics Commission but must be located within the | 4 | | agency that the officer provides with procurement services. | 5 | | The chief procurement officer for higher education shall have | 6 | | an office located within the Board of Higher Education, unless | 7 | | otherwise designated by the Executive Ethics Commission. The | 8 | | chief procurement officer for all other procurement needs of | 9 | | the State shall have an office located within the Department | 10 | | of Central Management Services, unless otherwise designated by | 11 | | the Executive Ethics Commission. | 12 | | (b) Terms and independence. Each chief procurement officer | 13 | | appointed under this Section shall serve for a term of 5 years | 14 | | beginning on the date of the officer's appointment. The chief | 15 | | procurement officer may be removed for cause after a hearing | 16 | | by the Executive Ethics Commission. The Governor or the | 17 | | director of a State agency directly responsible to the | 18 | | Governor may institute a complaint against the officer by | 19 | | filing such complaint with the Commission. The Commission | 20 | | shall have a hearing based on the complaint. The officer and | 21 | | the complainant shall receive reasonable notice of the hearing | 22 | | and shall be permitted to present their respective arguments | 23 | | on the complaint. After the hearing, the Commission shall make | 24 | | a finding on the complaint and may take disciplinary action, | 25 | | including but not limited to removal of the officer. | 26 | | The salary of a chief procurement officer shall be |
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| 1 | | established by the Executive Ethics Commission and may not be | 2 | | diminished during the officer's term. The salary may not | 3 | | exceed the salary of the director of a State agency for which | 4 | | the officer serves as chief procurement officer. | 5 | | (c) Qualifications. In addition to any other requirement | 6 | | or qualification required by State law, each chief procurement | 7 | | officer must within 12 months of employment be a Certified | 8 | | Professional Public Buyer or a Certified Public Purchasing | 9 | | Officer, pursuant to certification by the Universal Public | 10 | | Purchasing Certification Council, and must reside in Illinois. | 11 | | (d) Fiduciary duty. Each chief procurement officer owes a | 12 | | fiduciary duty to the State. | 13 | | (e) Vacancy. In case of a vacancy in one or more of the | 14 | | offices of a chief procurement officer under this Section | 15 | | during the recess of the Senate, the Executive Ethics | 16 | | Commission shall make a temporary appointment until the next | 17 | | meeting of the Senate, when the Executive Ethics Commission | 18 | | shall nominate some person to fill the office, and any person | 19 | | so nominated who is confirmed by the Senate shall hold office | 20 | | during the remainder of the term and until his or her successor | 21 | | is appointed and qualified. If the Senate is not in session at | 22 | | the time this amendatory Act of the 96th General Assembly | 23 | | takes effect, the Executive Ethics Commission shall make a | 24 | | temporary 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 | 4 | | Education. | 5 | | (a) The Chief Procurement Officer for Higher Education | 6 | | shall be appointed by a committee of the Illinois Public | 7 | | University Presidents or their designee, with advice and | 8 | | consent of the Senate, and shall be responsible to the | 9 | | Illinois Public Higher Education Cooperative Board and reside | 10 | | in one of the 13 public institutions of higher education | 11 | | determined by the Illinois Public Higher Education Cooperative | 12 | | Board of Trustees. | 13 | | (b) The Chief Procurement Officer for Higher Education | 14 | | shall serve for a term of 5 years beginning on the date of the | 15 | | Officer's appointment. | 16 | | (c) In addition to any other requirement or qualification | 17 | | required by State law, the Chief Procurement Officer for | 18 | | Higher Education must within 12 months after commencement of | 19 | | his or her employment be a Certified Professional Public Buyer | 20 | | or a Certified Public Purchasing Officer, or like | 21 | | certification, pursuant to certification by the Universal | 22 | | Public Purchasing Certification Council, and must reside in | 23 | | Illinois. | 24 | | (d) The salary of Chief Procurement Officer for Higher | 25 | | Education shall be established by the Illinois Public Higher |
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| 1 | | Education Cooperative Board of Trustees and may not be | 2 | | diminished during the Officer's term. The salary will be | 3 | | commensurate with the qualification of the appointed | 4 | | candidate. The Illinois Public Higher Education Cooperative | 5 | | Board shall establish the salary and discretionary budget for | 6 | | the Chief Procurement Officer for Higher Education and any | 7 | | such funds will be transferred from the Illinois Public Higher | 8 | | Education Cooperative office to the public institution of | 9 | | higher education housing the Chief Procurement Officer for | 10 | | Higher Education. | 11 | | (30 ILCS 500/1-13 rep.) | 12 | | Section 10. The Illinois Procurement Code is amended by | 13 | | repealing Section 1-13.
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