Illinois General Assembly - Full Text of HB3656
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Full Text of HB3656  102nd General Assembly

HB3656 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3656

 

Introduced 2/22/2021, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/1-15.15
30 ILCS 500/10-20
625 ILCS 5/11-907  from Ch. 95 1/2, par. 11-907

    Amends the Illinois Procurement Code. Provides for the appointment of an independent chief procurement officer for all procurements made by a public safety agency to be appointed by the Director of State Police with the consent of the majority of the members of the Executive Ethics Commission. Provides that the independent chief procurement officer has the authority to create one or more independent State purchasing officers. Amends the Illinois Vehicle Code. Provides further requirements for vehicles approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying flashing emergency lighting.


LRB102 13852 RJF 19203 b

 

 

A BILL FOR

 

HB3656LRB102 13852 RJF 19203 b

1    AN ACT concerning government.
 
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 1-15.15 and 10-20 as follows:
 
6    (30 ILCS 500/1-15.15)
7    Sec. 1-15.15. Chief Procurement Officer. "Chief
8Procurement Officer" means any of the 4 persons appointed or
9approved by a majority of the members of the Executive Ethics
10Commission:
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

 

 

HB3656- 2 -LRB102 13852 RJF 19203 b

1    the Department of Transportation is responsible or
2    accountable for the use thereof in accordance with federal
3    law, 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    (3.5) for all procurements made by a public safety agency,
12the independent chief procurement officer appointed by the
13Director of State Police with the consent of the majority of
14the members of the Executive Ethics Commission. The
15independent chief procurement officer appointed under this
16paragraph has the authority to create one or more independent
17State purchasing officers.
18        (4) (Blank).
19        (5) for all other procurements, the independent chief
20    procurement officer appointed by a majority of the members
21    of the Executive Ethics Commission.
22(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
23Section 5 of P.A. 96-793 for the effective date of changes made
24by P.A. 96-795); 96-920, eff. 7-1-10.)
 
25    (30 ILCS 500/10-20)

 

 

HB3656- 3 -LRB102 13852 RJF 19203 b

1    Sec. 10-20. Independent chief procurement officers.
2    (a) Appointment. The Within 60 calendar days after the
3effective date of this amendatory Act of the 96th General
4Assembly, the Executive Ethics Commission, with the advice and
5consent of the Senate shall appoint or approve 5 4 chief
6procurement officers, one for each of the following
7categories:
8        (1) for procurements for construction and
9    construction-related services committed by law to the
10    jurisdiction or responsibility of the Capital Development
11    Board;
12        (2) for procurements for all construction,
13    construction-related services, operation of any facility,
14    and the provision of any service or activity committed by
15    law to the jurisdiction or responsibility of the Illinois
16    Department of Transportation, including the direct or
17    reimbursable expenditure of all federal funds for which
18    the Department of Transportation is responsible or
19    accountable for the use thereof in accordance with federal
20    law, regulation, or procedure, the chief procurement
21    officer recommended for approval under this item appointed
22    by the Secretary of Transportation after consent by the
23    Executive Ethics Commission;
24        (3) for all procurements made by a public institution
25    of higher education; and
26        (3.5) for all procurements made by a public safety

 

 

HB3656- 4 -LRB102 13852 RJF 19203 b

1    agency, the independent chief procurement officer
2    appointed by the Director of State Police with the consent
3    of the majority of the members of the Executive Ethics
4    Commission. The independent chief procurement officer
5    appointed under this paragraph has the authority to create
6    one or more independent State purchasing officers; and
7        (4) for all other procurement needs of State agencies.
8    A chief procurement officer shall be responsible to the
9Executive Ethics Commission but must be located within the
10agency that the officer provides with procurement services.
11The chief procurement officer for higher education shall have
12an office located within the Board of Higher Education, unless
13otherwise designated by the Executive Ethics Commission. The
14chief procurement officer for all other procurement needs of
15the State shall have an office located within the Department
16of Central Management Services, unless otherwise designated by
17the Executive Ethics Commission.
18    (b) Terms and independence. Each chief procurement officer
19appointed under this Section shall serve for a term of 5 years
20beginning on the date of the officer's appointment. The chief
21procurement officer may be removed for cause after a hearing
22by the Executive Ethics Commission. The Governor or the
23director of a State agency directly responsible to the
24Governor may institute a complaint against the officer by
25filing such complaint with the Commission. The Commission
26shall have a hearing based on the complaint. The officer and

 

 

HB3656- 5 -LRB102 13852 RJF 19203 b

1the complainant shall receive reasonable notice of the hearing
2and shall be permitted to present their respective arguments
3on the complaint. After the hearing, the Commission shall make
4a finding on the complaint and may take disciplinary action,
5including but not limited to removal of the officer.
6    The salary of a chief procurement officer shall be
7established by the Executive Ethics Commission and may not be
8diminished during the officer's term. The salary may not
9exceed the salary of the director of a State agency for which
10the officer serves as chief procurement officer.
11    (c) Qualifications. In addition to any other requirement
12or qualification required by State law, each chief procurement
13officer must within 12 months of employment be a Certified
14Professional Public Buyer or a Certified Public Purchasing
15Officer, pursuant to certification by the Universal Public
16Purchasing Certification Council, and must reside in Illinois.
17    (d) Fiduciary duty. Each chief procurement officer owes a
18fiduciary duty to the State.
19    (e) Vacancy. In case of a vacancy in one or more of the
20offices of a chief procurement officer under this Section
21during the recess of the Senate, the Executive Ethics
22Commission shall make a temporary appointment until the next
23meeting of the Senate, when the Executive Ethics Commission
24shall nominate some person to fill the office, and any person
25so nominated who is confirmed by the Senate shall hold office
26during the remainder of the term and until his or her successor

 

 

HB3656- 6 -LRB102 13852 RJF 19203 b

1is appointed and qualified. If the Senate is not in session at
2the time this amendatory Act of the 96th General Assembly
3takes effect, the Executive Ethics Commission shall make a
4temporary appointment as in the case of a vacancy.
5    (f) (Blank).
6    (g) (Blank).
7(Source: P.A. 98-1076, eff. 1-1-15.)
 
8    Section 10. The Illinois Vehicle Code is amended by
9changing Section 11-907 as follows:
 
10    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
11    Sec. 11-907. Operation of vehicles and streetcars on
12approach of authorized emergency vehicles.
13    (a) Upon the immediate approach of an authorized emergency
14vehicle making use of audible and visual signals meeting the
15requirements of this Code or a police vehicle properly and
16lawfully making use of an audible or visual signal:
17        (1) the driver of every other vehicle shall yield the
18    right-of-way and shall immediately drive to a position
19    parallel to, and as close as possible to, the right-hand
20    edge or curb of the highway clear of any intersection and
21    shall, if necessary to permit the safe passage of the
22    emergency vehicle, stop and remain in such position until
23    the authorized emergency vehicle has passed, unless
24    otherwise directed by a police officer; and

 

 

HB3656- 7 -LRB102 13852 RJF 19203 b

1        (2) the operator of every streetcar shall immediately
2    stop such car clear of any intersection and keep it in such
3    position until the authorized emergency vehicle has
4    passed, unless otherwise directed by a police officer.
5    (b) This Section shall not operate to relieve the driver
6of an authorized emergency vehicle from the duty to drive with
7due regard for the safety of all persons using the highway.
8    (c) Upon approaching a stationary authorized emergency
9vehicle, when the authorized emergency vehicle is giving a
10signal by displaying alternately flashing red, red and white,
11blue, or red and blue lights or amber or yellow warning lights,
12a person who drives an approaching vehicle shall:
13        (1) proceeding with due caution, yield the
14    right-of-way by making a lane change into a lane not
15    adjacent to that of the authorized emergency vehicle, if
16    possible with due regard to safety and traffic conditions,
17    if on a highway having at least 4 lanes with not less than
18    2 lanes proceeding in the same direction as the
19    approaching vehicle; or
20        (2) if changing lanes would be impossible or unsafe,
21    proceeding with due caution, reduce the speed of the
22    vehicle, maintaining a safe speed for road conditions and
23    leaving a safe distance until safely past the stationary
24    emergency vehicles.
25    The visual signal specified under this subsection (c)
26given by an authorized emergency vehicle is an indication to

 

 

HB3656- 8 -LRB102 13852 RJF 19203 b

1drivers of approaching vehicles that a hazardous condition is
2present when circumstances are not immediately clear. Drivers
3of vehicles approaching a stationary emergency vehicle in any
4lane shall heed the warning of the signal, reduce the speed of
5the vehicle, proceed with due caution, maintain a safe speed
6for road conditions, be prepared to stop, and leave a safe
7distance until safely passed the stationary emergency vehicle.
8    As used in this subsection (c), "authorized emergency
9vehicle" includes any vehicle authorized by law to be equipped
10with oscillating, rotating, or flashing lights under Section
1112-215 of this Code, while the owner or operator of the vehicle
12is engaged in his or her official duties.
13    (d) A person who violates subsection (c) of this Section
14commits a business offense punishable by a fine of not less
15than $250 or more than $10,000 for a first violation, and a
16fine of not less than $750 or more than $10,000 for a second or
17subsequent violation. It is a factor in aggravation if the
18person committed the offense while in violation of Section
1911-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
20penalties authorized by this subsection (d) for a violation of
21subsection (c) of this Section that results in the death of
22another person does not preclude imposition of appropriate
23additional civil or criminal penalties. A person who violates
24subsection (c) and the violation results in damage to another
25vehicle commits a Class A misdemeanor. A person who violates
26subsection (c) and the violation results in the injury or

 

 

HB3656- 9 -LRB102 13852 RJF 19203 b

1death of another person commits a Class 4 felony.
2    (e) If a violation of subsection (c) of this Section
3results in damage to the property of another person, in
4addition to any other penalty imposed, the person's driving
5privileges shall be suspended for a fixed period of not less
6than 90 days and not more than one year.
7    (f) If a violation of subsection (c) of this Section
8results in injury to another person, in addition to any other
9penalty imposed, the person's driving privileges shall be
10suspended for a fixed period of not less than 180 days and not
11more than 2 years.
12    (g) If a violation of subsection (c) of this Section
13results in the death of another person, in addition to any
14other penalty imposed, the person's driving privileges shall
15be suspended for 2 years.
16    (h) The Secretary of State shall, upon receiving a record
17of a judgment entered against a person under subsection (c) of
18this Section:
19        (1) suspend the person's driving privileges for the
20    mandatory period; or
21        (2) extend the period of an existing suspension by the
22    appropriate mandatory period.
23    (i) The Scott's Law Fund shall be a special fund in the
24State treasury. Subject to appropriation by the General
25Assembly and approval by the Director, the Director of the
26State Police shall use all moneys in the Scott's Law Fund in

 

 

HB3656- 10 -LRB102 13852 RJF 19203 b

1the Department's discretion to fund the production of
2materials to educate drivers on approaching stationary
3authorized emergency vehicles, to hire off-duty Department of
4State Police for enforcement of this Section, and for other
5law enforcement purposes the Director deems necessary in these
6efforts.
7    (j) For violations of this Section issued by a county or
8municipal police officer, the assessment shall be deposited
9into the county's or municipality's Transportation Safety
10Highway Hire-back Fund. The county shall use the moneys in its
11Transportation Safety Highway Hire-back Fund to hire off-duty
12county police officers to monitor construction or maintenance
13zones in that county on highways other than interstate
14highways. The county, in its discretion, may also use a
15portion of the moneys in its Transportation Safety Highway
16Hire-back Fund to purchase equipment for county law
17enforcement and fund the production of materials to educate
18drivers on construction zone safe driving habits and
19approaching stationary authorized emergency vehicles.
20(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)