Full Text of SB3155 101st General Assembly
SB3155 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3155 Introduced 2/6/2020, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
| 30 ILCS 500/1-15.15 | | 30 ILCS 500/10-20 | |
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Amends the Illinois Procurement Code. Provides for the appointment of an independent chief procurement officer for all procurements made by the Illinois State Police. 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 1-15.15 and 10-20 as follows: | 6 | | (30 ILCS 500/1-15.15) | 7 | | Sec. 1-15.15. Chief Procurement Officer. "Chief
| 8 | | Procurement Officer" means any of the 5 4 persons appointed or | 9 | | approved by a majority of the members of the Executive Ethics | 10 | | Commission: | 11 | | (1) for procurements for construction and | 12 | | construction-related services
committed by law to the | 13 | | jurisdiction or responsibility of the Capital
Development | 14 | | Board, the independent chief procurement officer appointed | 15 | | by a majority of the members of the Executive Ethics | 16 | | Commission. | 17 | | (2) for procurements for all construction, | 18 | | construction-related services,
operation of any facility, | 19 | | and the provision of any construction or | 20 | | construction-related service or activity
committed by law | 21 | | to the jurisdiction or responsibility of the Illinois
| 22 | | Department of Transportation, including the direct or | 23 | | reimbursable expenditure
of all federal funds for which the |
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| 1 | | Department of Transportation is responsible
or accountable | 2 | | for the use thereof in accordance with federal law, | 3 | | regulation,
or procedure, the independent chief | 4 | | procurement officer appointed by the Secretary of | 5 | | Transportation with the consent of the majority of the | 6 | | members of the Executive Ethics Commission. | 7 | | (3) for all procurements made by a public institution | 8 | | of higher education, the independent chief procurement | 9 | | officer appointed by a majority of the members of the | 10 | | Executive Ethics Commission. | 11 | | (4) (Blank).
| 12 | | (4.5) for all procurements made by the Illinois State | 13 | | Police, the independent chief procurement officer | 14 | | appointed by a majority of the members of the Executive | 15 | | Ethics Commission. | 16 | | (5) for all other procurements, the independent chief | 17 | | procurement officer appointed by a majority of the members | 18 | | of the Executive Ethics Commission. | 19 | | (Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see | 20 | | Section 5 of P.A. 96-793 for the effective date of changes made | 21 | | by P.A. 96-795); 96-920, eff. 7-1-10.) | 22 | | (30 ILCS 500/10-20) | 23 | | Sec. 10-20. Independent chief procurement officers. | 24 | | (a) Appointment. Within 60 calendar days after the | 25 | | effective date of this amendatory Act of the 96th General |
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| 1 | | Assembly, the Executive Ethics Commission, with the advice and | 2 | | consent of the Senate shall appoint or approve 5 4 chief | 3 | | procurement officers, one for each of the following categories: | 4 | | (1) for procurements for construction and | 5 | | construction-related services committed by law to the | 6 | | jurisdiction or responsibility of the Capital Development | 7 | | Board; | 8 | | (2) for procurements for all construction, | 9 | | construction-related services, operation of any facility, | 10 | | and the provision of any service or activity committed by | 11 | | law to the jurisdiction or responsibility of the Illinois | 12 | | Department of Transportation, including the direct or | 13 | | reimbursable expenditure of all federal funds for which the | 14 | | Department of Transportation is responsible or accountable | 15 | | for the use thereof in accordance with federal law, | 16 | | regulation, or procedure, the chief procurement officer | 17 | | recommended for approval under this item appointed by the | 18 | | Secretary of Transportation after consent by the Executive | 19 | | Ethics Commission; | 20 | | (3) for all procurements made by a public institution | 21 | | of higher education; and | 22 | | (3.5) for all procurements made by the Illinois State | 23 | | Police; and | 24 | | (4) for all other procurement needs of State agencies. | 25 | | A chief procurement officer shall be responsible to the | 26 | | Executive Ethics Commission but must be located within the |
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| 1 | | agency that the officer provides with procurement services. The | 2 | | chief procurement officer for higher education shall have an | 3 | | office located within the Board of Higher Education, unless | 4 | | otherwise designated by the Executive Ethics Commission. The | 5 | | chief procurement officer for all other procurement needs of | 6 | | the State shall have an office located within the Department of | 7 | | Central Management Services, unless otherwise designated by | 8 | | the Executive Ethics Commission. | 9 | | (b) Terms and independence. Each chief procurement officer | 10 | | appointed under this Section shall serve for a term of 5 years | 11 | | beginning on the date of the officer's appointment. The chief | 12 | | procurement officer may be removed for cause after a hearing by | 13 | | the Executive Ethics Commission. The Governor or the director | 14 | | of a State agency directly responsible to the Governor may | 15 | | institute a complaint against the officer by filing such | 16 | | complaint with the Commission. The Commission shall have a | 17 | | hearing based on the complaint. The officer and the complainant | 18 | | shall receive reasonable notice of the hearing and shall be | 19 | | permitted to present their respective arguments on the | 20 | | complaint. After the hearing, the Commission shall make a | 21 | | finding on the complaint and may take disciplinary action, | 22 | | including but not limited to removal of the officer. | 23 | | The salary of a chief procurement officer shall be | 24 | | established by the Executive Ethics Commission and may not be | 25 | | diminished during the officer's term. The salary may not exceed | 26 | | the salary of the director of a State agency for which the |
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| 1 | | officer serves as chief procurement officer. | 2 | | (c) Qualifications. In addition to any other requirement or | 3 | | qualification required by State law, each chief procurement | 4 | | officer must within 12 months of employment be a Certified | 5 | | Professional Public Buyer or a Certified Public Purchasing | 6 | | Officer, pursuant to certification by the Universal Public | 7 | | Purchasing Certification Council, and must reside in Illinois. | 8 | | (d) Fiduciary duty. Each chief procurement officer owes a | 9 | | fiduciary duty to the State. | 10 | | (e) Vacancy. In case of a vacancy in one or more of the | 11 | | offices of a chief procurement officer under this Section | 12 | | during the recess of the Senate, the Executive Ethics | 13 | | Commission shall make a temporary appointment until the next | 14 | | meeting of the Senate, when the Executive Ethics Commission | 15 | | shall nominate some person to fill the office, and any person | 16 | | so nominated who is confirmed by the Senate shall hold office | 17 | | during the remainder of the term and until his or her successor | 18 | | is appointed and qualified. If the Senate is not in session at | 19 | | the time this amendatory Act of the 96th General Assembly takes | 20 | | effect, the Executive Ethics Commission shall make a temporary | 21 | | appointment as in the case of a vacancy. | 22 | | (f) (Blank). | 23 | | (g) (Blank). | 24 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
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