Full Text of HB5108 102nd General Assembly
HB5108sam002 102ND GENERAL ASSEMBLY | Sen. Robert Peters Filed: 3/25/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5108
| 2 | | AMENDMENT NO. ______. Amend House Bill 5108 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-15.15 and 10-20 and by adding Sections | 6 | | 1-15.43 and 1-15.44 as follows: | 7 | | (30 ILCS 500/1-15.15) | 8 | | Sec. 1-15.15. Chief Procurement Officer. "Chief
| 9 | | Procurement Officer" means any of the 4 persons appointed or | 10 | | approved by a majority of the members of the Executive Ethics | 11 | | Commission as follows : | 12 | | (1) for procurements for construction and | 13 | | construction-related services
committed by law to the | 14 | | jurisdiction or responsibility of the Capital
Development | 15 | | Board, the independent chief procurement officer appointed | 16 | | by a majority of the members of the Executive Ethics |
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| 1 | | Commission. | 2 | | (2) for procurements for all construction, | 3 | | construction-related services,
operation of any facility, | 4 | | and the provision of any construction or | 5 | | construction-related service or activity
committed by law | 6 | | to the jurisdiction or responsibility of the Illinois
| 7 | | Department of Transportation, including the direct or | 8 | | reimbursable expenditure
of all federal funds for which | 9 | | the Department of Transportation is responsible
or | 10 | | accountable for the use thereof in accordance with federal | 11 | | law, regulation,
or procedure, the independent chief | 12 | | procurement officer appointed by the Secretary of | 13 | | Transportation with the consent of the majority of the | 14 | | members of the Executive Ethics Commission. | 15 | | (3) for all procurements made by a public institution | 16 | | of higher education, the independent chief procurement | 17 | | officer appointed by a majority of the members of the | 18 | | Executive Ethics Commission. | 19 | | (4) (Blank).
| 20 | | (4.5) for all procurements for information technology | 21 | | and information technology functions committed by law to | 22 | | the jurisdiction or responsibility of the Department of | 23 | | Innovation and Technology, the independent chief | 24 | | procurement officer appointed by a majority of the members | 25 | | of the Executive Ethics Commission. | 26 | | (5) for all other procurements, the independent chief |
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| 1 | | procurement officer appointed by a majority of the members | 2 | | of the Executive Ethics Commission. | 3 | | (Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see | 4 | | Section 5 of P.A. 96-793 for the effective date of changes made | 5 | | by P.A. 96-795); 96-920, eff. 7-1-10.) | 6 | | (30 ILCS 500/1-15.43 new) | 7 | | Sec. 1-15.43. Information technology. "Information | 8 | | technology" means technology, infrastructure, equipment, | 9 | | systems, software, networks, and processes used to create, | 10 | | send, receive, and store electronic or digital information, | 11 | | including, without limitation, computer systems and | 12 | | telecommunication services and systems. "Information | 13 | | technology" shall be construed broadly to incorporate future | 14 | | technologies (such as sensors and balanced private hybrid or | 15 | | public cloud posture tailored to the mission of the agency) | 16 | | that change or supplant those in effect as of the effective | 17 | | date of this amendatory Act of the 102nd General Assembly. | 18 | | (30 ILCS 500/1-15.44 new) | 19 | | Sec. 1-15.44. Information technology functions. | 20 | | "Information technology functions" means the development, | 21 | | procurement, installation, retention, maintenance, operation, | 22 | | possession, storage, and related functions of all information | 23 | | technology. |
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| 1 | | (30 ILCS 500/10-20) | 2 | | Sec. 10-20. Independent chief procurement officers. | 3 | | (a) Appointment. The 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 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) for all procurements made by a public institution | 26 | | of higher education; and |
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| 1 | | (3.5) for all procurements for information technology | 2 | | and information technology functions committed by law to | 3 | | the jurisdiction or responsibility of the Department of | 4 | | Innovation and Technology; and | 5 | | (4) for all other procurement needs of State agencies. | 6 | | The initial appointment of a chief procurement officer for | 7 | | information technology and information technology functions | 8 | | under paragraph (3.5) shall be made within 60 calendar days | 9 | | after the effective date of this amendatory Act of the 102nd | 10 | | General Assembly. Any person appointed as the chief | 11 | | procurement officer for information technology and information | 12 | | technology functions shall have prior experience in | 13 | | procurement at the Department of Innovation and Technology or | 14 | | any other governmental agency information technology | 15 | | procurement department. | 16 | | A chief procurement officer shall be responsible to the | 17 | | Executive Ethics Commission but must be located within the | 18 | | agency that the officer provides with procurement services. | 19 | | The chief procurement officer for higher education shall have | 20 | | an office located within the Board of Higher Education, unless | 21 | | otherwise designated by the Executive Ethics Commission. The | 22 | | chief procurement officer for all other procurement needs of | 23 | | the State shall have an office located within the Department | 24 | | of Central Management Services, unless otherwise designated by | 25 | | the Executive Ethics Commission. | 26 | | (b) Terms and independence. Each chief procurement officer |
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| 1 | | appointed under this Section shall serve for a term of 5 years | 2 | | beginning on the date of the officer's appointment. The chief | 3 | | procurement officer may be removed for cause after a hearing | 4 | | by the Executive Ethics Commission. The Governor or the | 5 | | director of a State agency directly responsible to the | 6 | | Governor may institute a complaint against the officer by | 7 | | filing such complaint with the Commission. The Commission | 8 | | shall have a hearing based on the complaint. The officer and | 9 | | the complainant shall receive reasonable notice of the hearing | 10 | | and shall be permitted to present their respective arguments | 11 | | on the complaint. After the hearing, the Commission shall make | 12 | | a finding on the complaint and may take disciplinary action, | 13 | | including but not limited to removal of the officer. | 14 | | The salary of a chief procurement officer shall be | 15 | | established by the Executive Ethics Commission and may not be | 16 | | diminished during the officer's term. The salary may not | 17 | | exceed the salary of the director of a State agency for which | 18 | | the officer serves as chief procurement officer. | 19 | | (c) Qualifications. In addition to any other requirement | 20 | | or qualification required by State law, each chief procurement | 21 | | officer must within 12 months of employment be a Certified | 22 | | Professional Public Buyer or a Certified Public Purchasing | 23 | | Officer, pursuant to certification by the Universal Public | 24 | | Purchasing Certification Council, and must reside in Illinois. | 25 | | (d) Fiduciary duty. Each chief procurement officer owes a | 26 | | fiduciary duty to the State. |
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| 1 | | (e) Vacancy. In case of a vacancy in one or more of the | 2 | | offices of a chief procurement officer under this Section | 3 | | during the recess of the Senate, the Executive Ethics | 4 | | Commission shall make a temporary appointment until the next | 5 | | meeting of the Senate, when the Executive Ethics Commission | 6 | | shall nominate some person to fill the office, and any person | 7 | | so nominated who is confirmed by the Senate shall hold office | 8 | | during the remainder of the term and until his or her successor | 9 | | is appointed and qualified. If the Senate is not in session at | 10 | | the time this amendatory Act of the 96th General Assembly | 11 | | takes effect, the Executive Ethics Commission shall make a | 12 | | temporary appointment as in the case of a vacancy. | 13 | | (f) (Blank). | 14 | | (g) (Blank). | 15 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 16 | | Section 10. The Business Enterprise for Minorities, Women, | 17 | | and Persons with
Disabilities Act is amended by adding Section | 18 | | 8m as follows: | 19 | | (30 ILCS 575/8m new) | 20 | | Sec. 8m. Information technology vendors. For contracts | 21 | | entered into by the Department of Innovation and Technology, | 22 | | it shall be established as the aspirational goal that at least | 23 | | 30% of the total dollar amount of such contracts shall be | 24 | | awarded to prime vendors who have been certified by the |
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| 1 | | Business Enterprise Program; provided that: (i) contracts | 2 | | representing at least 16% of the total annual premiums or fees | 3 | | shall be awarded to minority-owned businesses; (ii) contracts | 4 | | representing at least 10% of the total annual premiums or fees | 5 | | shall be awarded to women-owned businesses; and (iii) | 6 | | contracts representing at least 4% of the total annual | 7 | | premiums or fees shall be awarded to businesses owned by | 8 | | persons with disabilities. ".
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