Bill Text: IL HB4875 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: 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.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2026-02-06 - Referred to Rules Committee [HB4875 Detail]
Download: Illinois-2025-HB4875-Introduced.html
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| 1 | AN ACT concerning State government. | |||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||
| 4 | Section 5. The Illinois Procurement Code is amended by | |||||||||||||||||||||
| 5 | changing 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 | |||||||||||||||||||||
| 8 | Procurement Officer" means any of the 5 4 persons appointed or | |||||||||||||||||||||
| 9 | approved by a majority of the members of the Executive Ethics | |||||||||||||||||||||
| 10 | Commission: | |||||||||||||||||||||
| 11 | (1) for procurements for (i) construction and | |||||||||||||||||||||
| 12 | construction-related services committed by law to the | |||||||||||||||||||||
| 13 | jurisdiction or responsibility of the Capital Development | |||||||||||||||||||||
| 14 | Board or (ii) construction-related services committed by | |||||||||||||||||||||
| 15 | law to the jurisdiction or responsibility of the | |||||||||||||||||||||
| 16 | Department of Central Management Services under Section | |||||||||||||||||||||
| 17 | 405-217 of the Department of Central Management Services | |||||||||||||||||||||
| 18 | Law of the Civil Administrative Code of Illinois and other | |||||||||||||||||||||
| 19 | related provisions of this amendatory Act of the 104th | |||||||||||||||||||||
| 20 | General Assembly, the independent chief procurement | |||||||||||||||||||||
| 21 | officer appointed by a majority of the members of the | |||||||||||||||||||||
| 22 | Executive Ethics Commission; . | |||||||||||||||||||||
| 23 | (2) for procurements for all construction, | |||||||||||||||||||||
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| 1 | construction-related services, operation of any facility, | ||||||
| 2 | and the provision of any construction or | ||||||
| 3 | construction-related service or activity committed by law | ||||||
| 4 | to the jurisdiction or responsibility of the Illinois | ||||||
| 5 | Department of Transportation, including the direct or | ||||||
| 6 | reimbursable expenditure of all federal funds for which | ||||||
| 7 | the Department of Transportation is responsible or | ||||||
| 8 | accountable for the use thereof in accordance with federal | ||||||
| 9 | law, regulation, or procedure, the independent chief | ||||||
| 10 | procurement officer appointed by the Secretary of | ||||||
| 11 | Transportation with the consent of the majority of the | ||||||
| 12 | members of the Executive Ethics Commission; . | ||||||
| 13 | (3) for all procurements made by a public institution | ||||||
| 14 | of higher education, the independent chief procurement | ||||||
| 15 | officer appointed by a majority of the members of the | ||||||
| 16 | Executive Ethics Commission; . | ||||||
| 17 | (4) (Blank); . | ||||||
| 18 | (5) for all other procurements, the independent chief | ||||||
| 19 | procurement officer appointed by a majority of the members | ||||||
| 20 | of the Executive Ethics Commission; . | ||||||
| 21 | (6) for procurements for all farm and agricultural | ||||||
| 22 | land made by the Department of Natural Resources, the | ||||||
| 23 | independent chief procurement officer appointed by the | ||||||
| 24 | Director of Natural Resources with the consent of the | ||||||
| 25 | majority of the members of the Executive Ethics | ||||||
| 26 | Commission. | ||||||
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| 1 | (Source: P.A. 104-2, eff. 6-16-25.) | ||||||
| 2 | (30 ILCS 500/10-20) | ||||||
| 3 | Sec. 10-20. Independent chief procurement officers. | ||||||
| 4 | (a) Appointment. Within 60 calendar days after July 1, | ||||||
| 5 | 2010 (the effective date of Public Act 96-795), the Executive | ||||||
| 6 | Ethics Commission, with the advice and consent of the Senate | ||||||
| 7 | shall appoint or approve 5 4 chief procurement officers, one | ||||||
| 8 | for each of the following categories: | ||||||
| 9 | (1) for procurements for (i) construction and | ||||||
| 10 | construction-related services committed by law to the | ||||||
| 11 | jurisdiction or responsibility of the Capital Development | ||||||
| 12 | Board or (ii) construction-related services committed by | ||||||
| 13 | law to the jurisdiction or responsibility of the | ||||||
| 14 | Department for Central Management Services under Section | ||||||
| 15 | 405-217 of the Department of Central Management Services | ||||||
| 16 | Law of the Civil Administrative Code of Illinois and other | ||||||
| 17 | related provisions of this amendatory Act of the 104th | ||||||
| 18 | General Assembly; | ||||||
| 19 | (2) for procurements for all construction, | ||||||
| 20 | construction-related services, operation of any facility, | ||||||
| 21 | and the provision of any service or activity committed by | ||||||
| 22 | law to the jurisdiction or responsibility of the Illinois | ||||||
| 23 | Department of Transportation, including the direct or | ||||||
| 24 | reimbursable expenditure of all federal funds for which | ||||||
| 25 | the Department of Transportation is responsible or | ||||||
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| 1 | accountable for the use thereof in accordance with federal | ||||||
| 2 | law, regulation, or procedure, the chief procurement | ||||||
| 3 | officer recommended for approval under this item appointed | ||||||
| 4 | by the Secretary of Transportation after consent by the | ||||||
| 5 | Executive Ethics Commission; | ||||||
| 6 | (3) for all procurements made by a public institution | ||||||
| 7 | of higher education; and | ||||||
| 8 | (4) for all other procurement needs of State agencies; | ||||||
| 9 | . | ||||||
| 10 | (5) within 60 calendar days after the effective date | ||||||
| 11 | of this amendatory Act of the 104th General Assembly, the | ||||||
| 12 | Executive Ethics Commission, with the advice and consent | ||||||
| 13 | of the Senate, shall approve a chief procurement officer | ||||||
| 14 | for procurements for all farm and agricultural land made | ||||||
| 15 | by the Department of Natural Resources after the effective | ||||||
| 16 | date of this amendatory Act of the 104th General Assembly. | ||||||
| 17 | For fiscal years 2024, 2025, and 2026, the Executive | ||||||
| 18 | Ethics Commission shall set aside from its appropriation those | ||||||
| 19 | amounts necessary for the use of the 4 chief procurement | ||||||
| 20 | officers for the ordinary and contingent expenses of their | ||||||
| 21 | respective procurement offices. From the amounts set aside by | ||||||
| 22 | the Commission, each chief procurement officer shall control | ||||||
| 23 | the internal operations of his or her procurement office and | ||||||
| 24 | shall procure the necessary equipment, materials, and services | ||||||
| 25 | to perform the duties of that office, including hiring | ||||||
| 26 | necessary procurement personnel, legal advisors, and other | ||||||
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| 1 | employees, and may establish, in the exercise of the chief | ||||||
| 2 | procurement officer's discretion, the compensation of the | ||||||
| 3 | office's employees, which includes the State purchasing | ||||||
| 4 | officers and any legal advisors. The Executive Ethics | ||||||
| 5 | Commission shall have no control over the employees of the | ||||||
| 6 | chief procurement officers. The Executive Ethics Commission | ||||||
| 7 | shall provide administrative support services, including | ||||||
| 8 | payroll, for each procurement office. | ||||||
| 9 | (b) Terms and independence. Each chief procurement officer | ||||||
| 10 | appointed under this Section shall serve for a term of 5 years | ||||||
| 11 | beginning on the date of the officer's appointment. The chief | ||||||
| 12 | procurement officer may be removed for cause after a hearing | ||||||
| 13 | by the Executive Ethics Commission. The Governor or the | ||||||
| 14 | director of a State agency directly responsible to the | ||||||
| 15 | Governor may institute a complaint against the officer by | ||||||
| 16 | filing such complaint with the Commission. The Commission | ||||||
| 17 | shall have a hearing based on the complaint. The officer and | ||||||
| 18 | the complainant shall receive reasonable notice of the hearing | ||||||
| 19 | and shall be permitted to present their respective arguments | ||||||
| 20 | on the complaint. After the hearing, the Commission shall make | ||||||
| 21 | a finding on the complaint and may take disciplinary action, | ||||||
| 22 | including, but not limited to, removal of the officer. | ||||||
| 23 | The salary of a chief procurement officer shall be | ||||||
| 24 | established by the Executive Ethics Commission and may not be | ||||||
| 25 | diminished during the officer's term. The salary may not | ||||||
| 26 | exceed the salary of the director of a State agency for which | ||||||
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| 1 | the officer serves as chief procurement officer. | ||||||
| 2 | (c) Qualifications. In addition to any other requirement | ||||||
| 3 | or qualification required by State law, each chief procurement | ||||||
| 4 | officer must within 12 months of employment be a Certified | ||||||
| 5 | Professional Public Buyer or a Certified Public Purchasing | ||||||
| 6 | Officer, pursuant to certification by the Universal Public | ||||||
| 7 | Purchasing Certification Council, and must reside in Illinois. | ||||||
| 8 | (d) Fiduciary duty. Each chief procurement officer owes a | ||||||
| 9 | fiduciary duty to the State. | ||||||
| 10 | (e) Vacancy. In case of a vacancy in one or more of the | ||||||
| 11 | offices of a chief procurement officer under this Section | ||||||
| 12 | during the recess of the Senate, the Executive Ethics | ||||||
| 13 | Commission shall make a temporary appointment until the next | ||||||
| 14 | meeting of the Senate, when the Executive Ethics Commission | ||||||
| 15 | shall nominate some person to fill the office, and any person | ||||||
| 16 | so nominated who is confirmed by the Senate shall hold office | ||||||
| 17 | during the remainder of the term and until his or her successor | ||||||
| 18 | is appointed and qualified. If the Senate is not in session at | ||||||
| 19 | the time Public Act 96-920 takes effect, the Executive Ethics | ||||||
| 20 | Commission shall make a temporary appointment as in the case | ||||||
| 21 | of a vacancy. | ||||||
| 22 | (f) (Blank). | ||||||
| 23 | (g) (Blank). | ||||||
| 24 | (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; | ||||||
| 25 | 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2, eff. | ||||||
| 26 | 6-16-25.) | ||||||
