HB 5311

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Full Text of HB5311
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	HB5311 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5311
Introduced 2/10/2026, by Rep. Nicolle Grasse
SYNOPSIS AS INTRODUCED:
30 ILCS 500/10-10
30 ILCS 500/10-15
Amends the Illinois Procurement Code. Provides that a State agency may exercise, without prior procurement compliance monitor review, administrative actions that are specifically provided for in a contract that has been entered into in accordance with this Code. Removes provisions that provide that each State purchasing officer owes a fiduciary duty to the State.
LRB104 20064 HLH 33515 b
A BILL FOR
		HB5311		LRB104 20064 HLH 33515 b
1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5changing Sections 10-10 and 10-15 as follows:
6    (30 ILCS 500/10-10)
7    Sec. 10-10. Independent State purchasing officers.
8    (a) The chief procurement officer shall appoint and
9determine the salary of a State purchasing officer for each
10agency that the chief procurement officer is responsible for
11under Section 1-15.15. A State purchasing officer shall be
12located in the State agency that the officer serves but shall
13report to his or her respective chief procurement officer. The
14State purchasing officer shall have direct communication with
15agency staff assigned to assist with any procurement process.
16At the direction of his or her respective chief procurement
17officer, a State purchasing officer shall have the authority
18to (i) review any contract or contract amendment prior to
19execution to ensure that applicable procurement and
20contracting standards were followed and (ii) approve or reject
21contracts for a purchasing agency. If the State purchasing
22officer provides written approval of the contract, the head of
23the applicable State agency shall have the authority to sign
		HB5311	- 2 -	LRB104 20064 HLH 33515 b
1and enter into that contract. All actions of a State
2purchasing officer are subject to review by a chief
3procurement officer in accordance with procedures and policies
4established by the chief procurement officer.
5    (a-5) A State purchasing officer may (i) attend any
6procurement meetings; (ii) access any records or files related
7to procurement; (iii) submit reports to the chief procurement
8officer on procurement issues; (iv) ensure the State agency is
9maintaining appropriate records; and (v) ensure transparency
10of the procurement process.
11    (a-10) If a State purchasing officer is aware of
12misconduct, waste, or inefficiency with respect to State
13procurement, the State purchasing officer shall advise the
14State agency of the issue in writing. If the State agency does
15not correct the issue, the State purchasing officer shall
16report the problem, in writing, to the chief procurement
17officer and appropriate Inspector General.
18    (b) In addition to any other requirement or qualification
19required by State law, within 30 months after appointment, a
20State purchasing officer must be a Certified Professional
21Public Buyer or a Certified Public Purchasing Officer,
22pursuant to certification by the Universal Public Purchasing
23Certification Council or the Institute for Supply Management.
24A State purchasing officer shall serve a term of 5 years
25beginning on the date of the officer's appointment. A State
26purchasing officer shall have an office located in the State
		HB5311	- 3 -	LRB104 20064 HLH 33515 b
1agency that the officer serves but shall report to the chief
2procurement officer. A State purchasing officer may be removed
3by a chief procurement officer for cause after a hearing by the
4Executive Ethics Commission. The chief procurement officer or
5executive officer of the State agency housing the State
6purchasing officer may institute a complaint against the State
7purchasing officer by filing such a complaint with the
8Commission and the Commission shall have a public hearing
9based on the complaint. The State purchasing officer, chief
10procurement officer, and executive officer of the State agency
11shall receive notice of the hearing and shall be permitted to
12present their respective arguments on the complaint. After the
13hearing, the Commission shall make a non-binding
14recommendation on whether the State purchasing officer shall
15be removed. The salary of a State purchasing officer shall be
16established by the chief procurement officer and may not be
17diminished during the officer's term. In the absence of an
18appointed State purchasing officer, the applicable chief
19procurement officer shall exercise the procurement authority
20created by this Code and may appoint a temporary acting State
21purchasing officer.
22    (c) A State agency may exercise, without prior State 
23purchasing officer review, administrative actions that are 
24specifically provided for in a contract that has been entered 
25into in accordance with this Code. Those administrative 
26actions include, but are not limited to, adjustments to 
		HB5311	- 4 -	LRB104 20064 HLH 33515 b
1minimum or prevailing wages, price adjustments made in 
2accordance with the Consumer Price Index or other schedule, 
3and product substitutions that do not affect pricing. [Each ]
4[State purchasing officer owes a fiduciary duty to the State.]
5(Source: P.A. 103-8, eff. 6-7-23.)
6    (30 ILCS 500/10-15)
7    Sec. 10-15. Procurement compliance monitors.
8    (a) The Executive Ethics Commission may appoint
9procurement compliance monitors to oversee and review the
10procurement processes. Each procurement compliance monitor
11shall serve a term of 5 years beginning on the date of the
12officer's appointment. Each procurement compliance monitor
13appointed pursuant to this Section and serving a 5-year term
14on the effective date of this amendatory Act of the 100th
15General Assembly shall report to the chief procurement officer
16in the performance of his or her duties until the expiration of
17the monitor's term. The compliance monitor shall have direct
18communications with the executive officer of a State agency in
19exercising duties. A procurement compliance monitor may be
20removed only for cause after a hearing by the Executive Ethics
21Commission. The appropriate chief procurement officer or
22executive officer of the State agency served by the
23procurement compliance monitor may institute a complaint
24against the procurement compliance monitor with the Commission
25and the Commission shall hold a public hearing based on the
		HB5311	- 5 -	LRB104 20064 HLH 33515 b
1complaint. The procurement compliance monitor, State
2purchasing officer, appropriate chief procurement officer, and
3executive officer of the State agency shall receive notice of
4the hearing and shall be permitted to present their respective
5arguments on the complaint. After the hearing, the Commission
6shall determine whether the procurement compliance monitor
7shall be removed. The salary of a procurement compliance
8monitor shall be established by the Executive Ethics
9Commission and may not be diminished during the officer's
10term.
11    (b) The procurement compliance monitor shall: (i) review
12any procurement, contract, or contract amendment as directed
13by the Executive Ethics Commission or a chief procurement
14officer; and (ii) report any findings of the review, in
15writing, to the Commission, the affected agency, the chief
16procurement officer responsible for the affected agency, and
17any entity requesting the review. The procurement compliance
18monitor may: (i) review each contract or contract amendment
19prior to execution to ensure that applicable procurement and
20contracting standards were followed; (ii) attend any
21procurement meetings; (iii) access any records or files
22related to procurement; (iv) issue reports to the chief
23procurement officer on procurement issues that present issues
24or that have not been corrected after consultation with
25appropriate State officials; (v) ensure the State agency is
26maintaining appropriate records; and (vi) ensure transparency
		HB5311	- 6 -	LRB104 20064 HLH 33515 b
1of the procurement process.
2    (c) If the procurement compliance monitor is aware of
3misconduct, waste, or inefficiency with respect to State
4procurement, the procurement compliance monitor shall advise
5the State agency of the issue in writing. If the State agency
6does not correct the issue, the monitor shall report the
7problem, in writing, to the chief procurement officer and
8Inspector General.
9    (d) A State agency may exercise, without prior procurement 
10compliance monitor review, administrative actions that are 
11specifically provided for in a contract that has been entered 
12into in accordance with this Code. Those administrative 
13actions include, but are not limited to, adjustments to 
14minimum or prevailing wages, price adjustments made in 
15accordance with the Consumer Price Index or other schedule, 
16and product substitutions that do not affect pricing. [Each ]
17[procurement compliance monitor owes a fiduciary duty to the ]
18[State.]
19(Source: P.A. 100-43, eff. 8-9-17.)