HB4875 104TH GENERAL ASSEMBLY

LRB104 19456 HLH 32904 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4875

Introduced , by Rep. Charles Meier

SYNOPSIS AS INTRODUCED:

30 ILCS 500/1-15.15
30 ILCS 500/10-20

Amends the Illinois Procurement Code. Provides that the Executive Ethics Commission, with the advice and consent of the Senate, shall approve a chief procurement officer for procurements for farm and agricultural land made by the Department of Natural Resources after the effective date of the amendatory Act.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by changing Sections 1-15.15 and 10-20 as follows:

(30 ILCS 500/1-15.15)

Sec. 1-15.15. Chief Procurement Officer. "Chief Procurement Officer" means any of the 5 4 persons appointed or approved by a majority of the members of the Executive Ethics Commission:

(1) for procurements for (i) construction and construction-related services committed by law to the jurisdiction or responsibility of the Capital Development Board or (ii) construction-related services committed by law to the jurisdiction or responsibility of the Department of Central Management Services under Section 405-217 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois and other related provisions of this amendatory Act of the 104th General Assembly, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics 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); .

(5) for all other procurements, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission; .

(6) for procurements for all farm and agricultural land made by the Department of Natural Resources, the independent chief procurement officer appointed by the Director of Natural Resources with the consent of the majority of the members of the Executive Ethics Commission.

(Source: P.A. 104-2, eff. 6-16-25.)

(30 ILCS 500/10-20)

Sec. 10-20. Independent chief procurement officers.

(a) Appointment. Within 60 calendar days after July 1, 2010 (the effective date of Public Act 96-795), the Executive Ethics Commission, with the advice and consent of the Senate shall appoint or approve 5 4 chief procurement officers, one for each of the following categories:

(1) for procurements for (i) construction and construction-related services committed by law to the jurisdiction or responsibility of the Capital Development Board or (ii) construction-related services committed by law to the jurisdiction or responsibility of the Department for Central Management Services under Section 405-217 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois and other related provisions of this amendatory Act of the 104th General Assembly;

(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

(4) for all other procurement needs of State agencies; .

(5) within 60 calendar days after the effective date of this amendatory Act of the 104th General Assembly, the Executive Ethics Commission, with the advice and consent of the Senate, shall approve a chief procurement officer for procurements for all farm and agricultural land made by the Department of Natural Resources after the effective date of this amendatory Act of the 104th General Assembly.

For fiscal years 2024, 2025, and 2026, the Executive Ethics Commission shall set aside from its appropriation those amounts necessary for the use of the 4 chief procurement officers for the ordinary and contingent expenses of their respective procurement offices. From the amounts set aside by the Commission, each chief procurement officer shall control the internal operations of his or her procurement office and shall procure the necessary equipment, materials, and services to perform the duties of that office, including hiring necessary procurement personnel, legal advisors, and other employees, and may establish, in the exercise of the chief procurement officer's discretion, the compensation of the office's employees, which includes the State purchasing officers and any legal advisors. The Executive Ethics Commission shall have no control over the employees of the chief procurement officers. The Executive Ethics Commission shall provide administrative support services, including payroll, for each procurement office.

(b) Terms and independence. Each chief procurement officer 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.

(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 Public Act 96-920 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. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2, eff. 6-16-25.)