Full Text of SB0856 102nd General Assembly
SB0856sam001 102ND GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 4/9/2021
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| 1 | | AMENDMENT TO SENATE BILL 856
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 856 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-15.13, 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 | | selected by the Board of Trustees of the Illinois Public | 15 | | Higher Education Cooperative shall adopt rules to meet their | 16 | | needs. The Chief Procurement Officer shall adopt such rules in |
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| 1 | | accordance with Section 5-25. | 2 | | (b) The Chief Procurement Officer shall have | 3 | | qualifications meeting those outlined in subsection (c) of | 4 | | Section 10-35 at minimum, but shall have past experience in | 5 | | Higher Education or exhibit an above average understanding of | 6 | | Higher Education. | 7 | | (30 ILCS 500/1-15.13) | 8 | | Sec. 1-15.13. Chief Procurement Office. "Chief Procurement | 9 | | Office" means the offices to which the chief procurement | 10 | | officers are appointed pursuant to Section 10-20 and the | 11 | | Office of the Chief Procurement Officer for Higher Education | 12 | | as appointed under Section 10-35 .
| 13 | | (Source: P.A. 98-1076, eff. 1-1-15 .) | 14 | | (30 ILCS 500/1-15.15) | 15 | | Sec. 1-15.15. Chief Procurement Officer. | 16 | | "Chief
Procurement Officer" means any of the 3 4 persons | 17 | | appointed or approved by a majority of the members of the | 18 | | Executive Ethics Commission: | 19 | | (1) for procurements for construction and | 20 | | construction-related services
committed by law to the | 21 | | jurisdiction or responsibility of the Capital
Development | 22 | | Board, the independent chief procurement officer appointed | 23 | | by a majority of the members of the Executive Ethics | 24 | | Commission. |
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| 1 | | (2) for procurements for all construction, | 2 | | construction-related services,
operation of any facility, | 3 | | and the provision of any construction or | 4 | | construction-related service or activity
committed by law | 5 | | to the jurisdiction or responsibility of the Illinois
| 6 | | Department of Transportation, including the direct or | 7 | | reimbursable expenditure
of all federal funds for which | 8 | | the Department of Transportation is responsible
or | 9 | | accountable for the use thereof in accordance with federal | 10 | | law, regulation,
or procedure, the independent chief | 11 | | procurement officer appointed by the Secretary of | 12 | | Transportation with the consent of the majority of the | 13 | | members of the Executive Ethics Commission. | 14 | | (3) (Blank). for all procurements made by a public | 15 | | institution of higher education, the independent chief | 16 | | procurement officer appointed by a majority of the members | 17 | | of the Executive Ethics Commission. | 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 | | "Chief Procurement Officer" also includes the Chief | 23 | | Procurement Officer for Higher Education as appointed under | 24 | | Section 10-35. | 25 | | (Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see | 26 | | Section 5 of P.A. 96-793 for the effective date of changes made |
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| 1 | | by P.A. 96-795); 96-920, eff. 7-1-10.) | 2 | | (30 ILCS 500/1-15.63 new) | 3 | | Sec. 1-15.63. Public institution of higher education. | 4 | | "Public institution of higher education" means the governing | 5 | | boards of the University of Illinois, Southern Illinois | 6 | | University, Illinois State University, Eastern Illinois | 7 | | University, Northern Illinois University, Western Illinois | 8 | | University, Chicago State University, Governors State | 9 | | University, and Northeastern Illinois University.
| 10 | | (30 ILCS 500/1-15.100)
| 11 | | Sec. 1-15.100. State agency. "State agency" means and | 12 | | includes all
boards, commissions, agencies, institutions, | 13 | | authorities, and bodies politic
and corporate of the State, | 14 | | created by or in accordance with the constitution
or statute, | 15 | | of the executive branch of State government and does include
| 16 | | colleges, universities, and institutions under the | 17 | | jurisdiction of the
governing boards of the University of | 18 | | Illinois, Southern Illinois University,
Illinois State | 19 | | University, Eastern Illinois University, Northern Illinois
| 20 | | University, Western Illinois University, Chicago State | 21 | | University, Governors
State University, Northeastern Illinois | 22 | | University, and the Board of Higher
Education. However, this | 23 | | term does
not apply to public employee retirement systems or | 24 | | investment boards that are
subject to fiduciary duties imposed |
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| 1 | | by the Illinois Pension Code or to the
University of Illinois | 2 | | Foundation . "State agency" does not include units of
local | 3 | | government, school districts, community colleges under the | 4 | | Public
Community College Act, colleges, universities, and | 5 | | institutions under the jurisdiction of the governing boards of | 6 | | the University of Illinois, Southern Illinois University, | 7 | | Illinois State University, Eastern Illinois University, | 8 | | Northern Illinois University, Western Illinois University, | 9 | | Chicago State University, Governors State University, | 10 | | Northeastern Illinois University, and the Board of Higher | 11 | | Education. "State agency" also does not apply to public | 12 | | employee retirement systems or investment boards that are | 13 | | subject to fiduciary duties imposed by the Illinois Pension | 14 | | Code or to the University of Illinois Foundation and the | 15 | | Illinois Comprehensive Health Insurance Board.
| 16 | | (Source: P.A. 101-81, eff. 7-12-19.)
| 17 | | (30 ILCS 500/1-15.105)
| 18 | | Sec. 1-15.105. State purchasing officer. "State purchasing | 19 | | officer"
means , except as otherwise provided in this Section, | 20 | | a person appointed by any of the chief procurement officers to | 21 | | exercise
the procurement authority created by this Code or by | 22 | | rule. For public institutions of higher education, the State | 23 | | purchasing officer for each institution shall be the Director | 24 | | of Purchasing, or his or her designee, as appointed by the | 25 | | President for each public institution of higher education.
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| 1 | | (Source: P.A. 90-572, eff. 2-6-98.)
| 2 | | (30 ILCS 500/10-20) | 3 | | Sec. 10-20. Independent chief procurement officers. | 4 | | (a) Appointment. Within 60 calendar days after the | 5 | | effective date of this amendatory Act of the 96th General | 6 | | Assembly, the Executive Ethics Commission, with the advice and | 7 | | consent of the Senate shall appoint or approve 3 4 chief | 8 | | procurement officers, one for each of the following | 9 | | categories: | 10 | | (1) for procurements for construction and | 11 | | construction-related services committed by law to the | 12 | | jurisdiction or responsibility of the Capital Development | 13 | | Board; | 14 | | (2) for procurements for all construction, | 15 | | construction-related services, operation of any facility, | 16 | | and the provision of any service or activity committed by | 17 | | law to the jurisdiction or responsibility of the Illinois | 18 | | Department of Transportation, including the direct or | 19 | | reimbursable expenditure of all federal funds for which | 20 | | the Department of Transportation is responsible or | 21 | | accountable for the use thereof in accordance with federal | 22 | | law, regulation, or procedure, the chief procurement | 23 | | officer recommended for approval under this item appointed | 24 | | by the Secretary of Transportation after consent by the | 25 | | Executive Ethics Commission; |
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| 1 | | (3) (blank); and for all procurements made by a public | 2 | | institution of higher education; and | 3 | | (4) for all other procurement needs of State agencies. | 4 | | A chief procurement officer shall be responsible to the | 5 | | Executive Ethics Commission but must be located within the | 6 | | agency that the officer provides with procurement services. | 7 | | The chief procurement officer for higher education shall have | 8 | | an office located within the Board of Higher Education, unless | 9 | | otherwise designated by the Executive Ethics Commission. The | 10 | | chief procurement officer for all other procurement needs of | 11 | | the State shall have an office located within the Department | 12 | | of Central Management Services, unless otherwise designated by | 13 | | the Executive Ethics Commission. | 14 | | (b) Terms and independence. Each chief procurement officer | 15 | | appointed under this Section shall serve for a term of 5 years | 16 | | beginning on the date of the officer's appointment. The chief | 17 | | procurement officer may be removed for cause after a hearing | 18 | | by the Executive Ethics Commission. The Governor or the | 19 | | director of a State agency directly responsible to the | 20 | | Governor may institute a complaint against the officer by | 21 | | filing such complaint with the Commission. The Commission | 22 | | shall have a hearing based on the complaint. The officer and | 23 | | the complainant shall receive reasonable notice of the hearing | 24 | | and shall be permitted to present their respective arguments | 25 | | on the complaint. After the hearing, the Commission shall make | 26 | | a finding on the complaint and may take disciplinary action, |
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| 1 | | including but not limited to removal of the officer. | 2 | | The salary of a chief procurement officer shall be | 3 | | established by the Executive Ethics Commission and may not be | 4 | | diminished during the officer's term. The salary may not | 5 | | exceed the salary of the director of a State agency for which | 6 | | the officer serves as chief procurement officer. | 7 | | (c) Qualifications. In addition to any other requirement | 8 | | or qualification required by State law, each chief procurement | 9 | | officer must within 12 months of employment be a Certified | 10 | | Professional Public Buyer or a Certified Public Purchasing | 11 | | Officer, pursuant to certification by the Universal Public | 12 | | Purchasing Certification Council, and must reside in Illinois. | 13 | | (d) Fiduciary duty. Each chief procurement officer owes a | 14 | | fiduciary duty to the State. | 15 | | (e) Vacancy. In case of a vacancy in one or more of the | 16 | | offices of a chief procurement officer under this Section | 17 | | during the recess of the Senate, the Executive Ethics | 18 | | Commission shall make a temporary appointment until the next | 19 | | meeting of the Senate, when the Executive Ethics Commission | 20 | | shall nominate some person to fill the office, and any person | 21 | | so nominated who is confirmed by the Senate shall hold office | 22 | | during the remainder of the term and until his or her successor | 23 | | is appointed and qualified. If the Senate is not in session at | 24 | | the time this amendatory Act of the 96th General Assembly | 25 | | takes effect, the Executive Ethics Commission shall make a | 26 | | temporary appointment as in the case of a vacancy. |
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| 1 | | (f) (Blank). | 2 | | (g) (Blank). | 3 | | (Source: P.A. 98-1076, eff. 1-1-15 .) | 4 | | (30 ILCS 500/10-35 new) | 5 | | Sec. 10-35. Chief Procurement Officer for Higher | 6 | | Education. | 7 | | (a) The Chief Procurement Officer for Higher Education | 8 | | shall be appointed by the Illinois Public Higher Education | 9 | | Cooperative Board of Trustees and shall be responsible to the | 10 | | Illinois Public Higher Education Cooperative Board and reside | 11 | | in one of the 13 public institutions of higher education | 12 | | determined by the Illinois Public Higher Education Cooperative | 13 | | Board of Trustees. | 14 | | (b) The Chief Procurement Officer for Higher Education | 15 | | shall serve for a term of 5 years beginning on the date of the | 16 | | Officer's appointment. | 17 | | (c) In addition to any other requirement or qualification | 18 | | required by State law, the Chief Procurement Officer for | 19 | | Higher Education must within 12 months after commencement of | 20 | | his or her employment be a Certified Professional Public Buyer | 21 | | or a Certified Public Purchasing Officer, pursuant to | 22 | | certification by the Universal Public Purchasing Certification | 23 | | Council, and must reside in 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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