Bill Amendment: IL HB5108 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DOIT-CHIEF PROCUREMENT OFFICER

Status: 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB5108 Detail]

Download: Illinois-2021-HB5108-Senate_Amendment_002.html

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Sen. Robert Peters

Filed: 3/25/2022

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AMENDMENT TO HOUSE BILL 5108
AMENDMENT NO. ______. Amend House Bill 5108 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Procurement Code is amended by
changing Sections 1-15.15 and 10-20 and by adding Sections
1-15.43 and 1-15.44 as follows:
(30 ILCS 500/1-15.15)
Sec. 1-15.15. Chief Procurement Officer. "Chief
Procurement Officer" means any of the 4 persons appointed or
approved by a majority of the members of the Executive Ethics
Commission as follows:
(1) for procurements for construction and
construction-related services committed by law to the
jurisdiction or responsibility of the Capital Development
Board, the independent chief procurement officer appointed
by a majority of the members of the Executive Ethics

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Commission.
(2) for procurements for all construction,
construction-related services, operation of any facility,
and the provision of any construction or
construction-related service or activity committed by law
to the jurisdiction or responsibility of the Illinois
Department of Transportation, including the direct or
reimbursable expenditure of all federal funds for which
the Department of Transportation is responsible or
accountable for the use thereof in accordance with federal
law, regulation, or procedure, the independent chief
procurement officer appointed by the Secretary of
Transportation with the consent of the majority of the
members of the Executive Ethics Commission.
(3) for all procurements made by a public institution
of higher education, the independent chief procurement
officer appointed by a majority of the members of the
Executive Ethics Commission.
(4) (Blank).
(4.5) for all procurements for information technology
and information technology functions committed by law to
the jurisdiction or responsibility of the Department of
Innovation and Technology, the independent chief
procurement officer appointed by a majority of the members
of the Executive Ethics Commission.
(5) for all other procurements, the independent chief

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procurement officer appointed by a majority of the members
of the Executive Ethics Commission.
(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for the effective date of changes made
by P.A. 96-795); 96-920, eff. 7-1-10.)
(30 ILCS 500/1-15.43 new)
Sec. 1-15.43. Information technology. "Information
technology" means technology, infrastructure, equipment,
systems, software, networks, and processes used to create,
send, receive, and store electronic or digital information,
including, without limitation, computer systems and
telecommunication services and systems. "Information
technology" shall be construed broadly to incorporate future
technologies (such as sensors and balanced private hybrid or
public cloud posture tailored to the mission of the agency)
that change or supplant those in effect as of the effective
date of this amendatory Act of the 102nd General Assembly.
(30 ILCS 500/1-15.44 new)
Sec. 1-15.44. Information technology functions.
"Information technology functions" means the development,
procurement, installation, retention, maintenance, operation,
possession, storage, and related functions of all information
technology.

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(30 ILCS 500/10-20)
Sec. 10-20. Independent chief procurement officers.
(a) Appointment. The Within 60 calendar days after the
effective date of this amendatory Act of the 96th General
Assembly, the Executive Ethics Commission, with the advice and
consent of the Senate shall appoint or approve 4 chief
procurement officers, one for each of the following
categories:
(1) for procurements for construction and
construction-related services committed by law to the
jurisdiction or responsibility of the Capital Development
Board;
(2) for procurements for all construction,
construction-related services, operation of any facility,
and the provision of any service or activity committed by
law to the jurisdiction or responsibility of the Illinois
Department of Transportation, including the direct or
reimbursable expenditure of all federal funds for which
the Department of Transportation is responsible or
accountable for the use thereof in accordance with federal
law, regulation, or procedure, the chief procurement
officer recommended for approval under this item appointed
by the Secretary of Transportation after consent by the
Executive Ethics Commission;
(3) for all procurements made by a public institution
of higher education; and

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(3.5) for all procurements for information technology
and information technology functions committed by law to
the jurisdiction or responsibility of the Department of
Innovation and Technology; and
(4) for all other procurement needs of State agencies.
The initial appointment of a chief procurement officer for
information technology and information technology functions
under paragraph (3.5) shall be made within 60 calendar days
after the effective date of this amendatory Act of the 102nd
General Assembly. Any person appointed as the chief
procurement officer for information technology and information
technology functions shall have prior experience in
procurement at the Department of Innovation and Technology or
any other governmental agency information technology
procurement department.
A chief procurement officer shall be responsible to the
Executive Ethics Commission but must be located within the
agency that the officer provides with procurement services.
The chief procurement officer for higher education shall have
an office located within the Board of Higher Education, unless
otherwise designated by the Executive Ethics Commission. The
chief procurement officer for all other procurement needs of
the State shall have an office located within the Department
of Central Management Services, unless otherwise designated by
the Executive Ethics Commission.
(b) Terms and independence. Each chief procurement officer

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appointed under this Section shall serve for a term of 5 years
beginning on the date of the officer's appointment. The chief
procurement officer may be removed for cause after a hearing
by the Executive Ethics Commission. The Governor or the
director of a State agency directly responsible to the
Governor may institute a complaint against the officer by
filing such complaint with the Commission. The Commission
shall have a hearing based on the complaint. The officer and
the complainant shall receive reasonable notice of the hearing
and shall be permitted to present their respective arguments
on the complaint. After the hearing, the Commission shall make
a finding on the complaint and may take disciplinary action,
including but not limited to removal of the officer.
The salary of a chief procurement officer shall be
established by the Executive Ethics Commission and may not be
diminished during the officer's term. The salary may not
exceed the salary of the director of a State agency for which
the officer serves as chief procurement officer.
(c) Qualifications. In addition to any other requirement
or qualification required by State law, each chief procurement
officer must within 12 months of employment be a Certified
Professional Public Buyer or a Certified Public Purchasing
Officer, pursuant to certification by the Universal Public
Purchasing Certification Council, and must reside in Illinois.
(d) Fiduciary duty. Each chief procurement officer owes a
fiduciary duty to the State.

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(e) Vacancy. In case of a vacancy in one or more of the
offices of a chief procurement officer under this Section
during the recess of the Senate, the Executive Ethics
Commission shall make a temporary appointment until the next
meeting of the Senate, when the Executive Ethics Commission
shall nominate some person to fill the office, and any person
so nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his or her successor
is appointed and qualified. If the Senate is not in session at
the time this amendatory Act of the 96th General Assembly
takes effect, the Executive Ethics Commission shall make a
temporary appointment as in the case of a vacancy.
(f) (Blank).
(g) (Blank).
(Source: P.A. 98-1076, eff. 1-1-15.)
Section 10. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by adding Section
8m as follows:
(30 ILCS 575/8m new)
Sec. 8m. Information technology vendors. For contracts
entered into by the Department of Innovation and Technology,
it shall be established as the aspirational goal that at least
30% of the total dollar amount of such contracts shall be
awarded to prime vendors who have been certified by the

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Business Enterprise Program; provided that: (i) contracts
representing at least 16% of the total annual premiums or fees
shall be awarded to minority-owned businesses; (ii) contracts
representing at least 10% of the total annual premiums or fees
shall be awarded to women-owned businesses; and (iii)
contracts representing at least 4% of the total annual
premiums or fees shall be awarded to businesses owned by
persons with disabilities.".