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Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3182

Introduced 2/2/2026, by Sen. Omar Aquino

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 administrative actions that are specifically provided for in
a contract that has been entered into in accordance with the Code without
prior procurement compliance monitor review. Removes language providing
that each State purchasing officer owes a fiduciary duty to the State.
LRB104 20219 HLH 33670 b

A BILL FOR

SB3182
LRB104 20219 HLH 33670 b
1

AN ACT concerning finance.

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 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
9
determine the salary of a State purchasing officer for each
10
agency that the chief procurement officer is responsible for
11
under Section 1-15.15. A State purchasing officer shall be
12
located in the State agency that the officer serves but shall
13
report to his or her respective chief procurement officer. The
14
State purchasing officer shall have direct communication with
15
agency staff assigned to assist with any procurement process.
16
At the direction of his or her respective chief procurement
17
officer, a State purchasing officer shall have the authority
18
to (i) review any contract or contract amendment prior to
19
execution to ensure that applicable procurement and
20
contracting standards were followed and (ii) approve or reject
21
contracts for a purchasing agency. If the State purchasing
22
officer provides written approval of the contract, the head of
23
the applicable State agency shall have the authority to sign

SB3182
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LRB104 20219 HLH 33670 b
1
and enter into that contract. All actions of a State
2
purchasing officer are subject to review by a chief
3
procurement officer in accordance with procedures and policies
4
established by the chief procurement officer.
5

(a-5) A State purchasing officer may (i) attend any
6
procurement meetings; (ii) access any records or files related
7
to procurement; (iii) submit reports to the chief procurement
8
officer on procurement issues; (iv) ensure the State agency is
9
maintaining appropriate records; and (v) ensure transparency
10
of the procurement process.
11

(a-10) If a State purchasing officer is aware of
12
misconduct, waste, or inefficiency with respect to State
13
procurement, the State purchasing officer shall advise the
14
State agency of the issue in writing. If the State agency does
15
not correct the issue, the State purchasing officer shall
16
report the problem, in writing, to the chief procurement
17
officer and appropriate Inspector General.
18

(b) In addition to any other requirement or qualification
19
required by State law, within 30 months after appointment, a
20
State purchasing officer must be a Certified Professional
21
Public Buyer or a Certified Public Purchasing Officer,
22
pursuant to certification by the Universal Public Purchasing
23
Certification Council or the Institute for Supply Management.
24
A State purchasing officer shall serve a term of 5 years
25
beginning on the date of the officer's appointment. A State
26
purchasing officer shall have an office located in the State

SB3182
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LRB104 20219 HLH 33670 b
1
agency that the officer serves but shall report to the chief
2
procurement officer. A State purchasing officer may be removed
3
by a chief procurement officer for cause after a hearing by the
4
Executive Ethics Commission. The chief procurement officer or
5
executive officer of the State agency housing the State
6
purchasing officer may institute a complaint against the State
7
purchasing officer by filing such a complaint with the
8
Commission and the Commission shall have a public hearing
9
based on the complaint. The State purchasing officer, chief
10
procurement officer, and executive officer of the State agency
11
shall receive notice of the hearing and shall be permitted to
12
present their respective arguments on the complaint. After the
13
hearing, the Commission shall make a non-binding
14
recommendation on whether the State purchasing officer shall
15
be removed. The salary of a State purchasing officer shall be
16
established by the chief procurement officer and may not be
17
diminished during the officer's term. In the absence of an
18
appointed State purchasing officer, the applicable chief
19
procurement officer shall exercise the procurement authority
20
created by this Code and may appoint a temporary acting State
21
purchasing officer.
22

(c)
A State agency may exercise administrative actions
23
that are specifically provided for in a contract that has been
24
entered into in accordance with this Code without prior State
25
purchasing officer review. Those administrative actions
26
include, but are not limited to, adjustments to minimum or

SB3182
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LRB104 20219 HLH 33670 b
1
prevailing wages, price adjustments made in accordance with
2
the Consumer Price Index or other schedule and product
3
substitutions that do not affect pricing.

Each State
4
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
9
procurement compliance monitors to oversee and review the
10
procurement processes. Each procurement compliance monitor
11
shall serve a term of 5 years beginning on the date of the
12
officer's appointment. Each procurement compliance monitor
13
appointed pursuant to this Section and serving a 5-year term
14
on the effective date of this amendatory Act of the 100th
15
General Assembly shall report to the chief procurement officer
16
in the performance of his or her duties until the expiration of
17
the monitor's term. The compliance monitor shall have direct
18
communications with the executive officer of a State agency in
19
exercising duties. A procurement compliance monitor may be
20
removed only for cause after a hearing by the Executive Ethics
21
Commission. The appropriate chief procurement officer or
22
executive officer of the State agency served by the
23
procurement compliance monitor may institute a complaint
24
against the procurement compliance monitor with the Commission
25
and the Commission shall hold a public hearing based on the

SB3182
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LRB104 20219 HLH 33670 b
1
complaint. The procurement compliance monitor, State
2
purchasing officer, appropriate chief procurement officer, and
3
executive officer of the State agency shall receive notice of
4
the hearing and shall be permitted to present their respective
5
arguments on the complaint. After the hearing, the Commission
6
shall determine whether the procurement compliance monitor
7
shall be removed. The salary of a procurement compliance
8
monitor shall be established by the Executive Ethics
9
Commission and may not be diminished during the officer's
10
term.
11

(b) The procurement compliance monitor shall: (i) review
12
any procurement, contract, or contract amendment as directed
13
by the Executive Ethics Commission or a chief procurement
14
officer; and (ii) report any findings of the review, in
15
writing, to the Commission, the affected agency, the chief
16
procurement officer responsible for the affected agency, and
17
any entity requesting the review. The procurement compliance
18
monitor may: (i) review each contract or contract amendment
19
prior to execution to ensure that applicable procurement and
20
contracting standards were followed; (ii) attend any
21
procurement meetings; (iii) access any records or files
22
related to procurement; (iv) issue reports to the chief
23
procurement officer on procurement issues that present issues
24
or that have not been corrected after consultation with
25
appropriate State officials; (v) ensure the State agency is
26
maintaining appropriate records; and (vi) ensure transparency

SB3182
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LRB104 20219 HLH 33670 b
1
of the procurement process.
2

(c) If the procurement compliance monitor is aware of
3
misconduct, waste, or inefficiency with respect to State
4
procurement, the procurement compliance monitor shall advise
5
the State agency of the issue in writing. If the State agency
6
does not correct the issue, the monitor shall report the
7
problem, in writing, to the chief procurement officer and
8
Inspector General.
9

(d)
A State agency may exercise administrative actions
10
that are specifically provided for in a contract that has been
11
entered into in accordance with this Code without prior
12
procurement compliance monitor review. Those administrative
13
actions include, but are not limited to, adjustments to
14
minimum or prevailing wages, price adjustments made in
15
accordance with the Consumer Price Index or other schedule and
16
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.)

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