Illinois General Assembly - Full Text of HB4739
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Full Text of HB4739  102nd General Assembly

HB4739enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4739 EnrolledLRB102 23328 RJF 32494 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Comptroller Act is amended by
5changing Section 19.5 as follows:
 
6    (15 ILCS 405/19.5)
7    Sec. 19.5. Annual Comprehensive Comprehensive Annual
8Financial Report; procedures and reporting.
9    (a) On or before October 31, 2012, and on or before each
10October 31 thereafter, State agencies shall report to the
11Comptroller all financial information deemed necessary by the
12Comptroller to compile and publish an annual comprehensive a
13comprehensive annual financial report using generally accepted
14accounting principles for the fiscal year ending June 30 of
15that year. The Comptroller may require certain State agencies
16to submit the required information before October 31 under a
17schedule established by the Comptroller. If a State agency has
18submitted no or insufficient financial information by October
1931, the Comptroller shall serve a written notice to each
20respective State agency director or secretary about the
21delinquency or inadequacy of the financial information.
22    (b) If the financial information required in subsection
23(a) is submitted to the Comptroller on or before October 31,

 

 

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1the lapse period is not extended past August 31 for the given
2fiscal year, and the Office of the Auditor General has
3completed an audit of the annual comprehensive comprehensive
4annual financial report, then the Comptroller shall publish an
5annual comprehensive a comprehensive annual financial report
6using generally accepted accounting principles for the fiscal
7year ending June 30 of that year by December 31. If the
8information as required by subsection (a) is not provided to
9the Comptroller in time to publish the report by December 31,
10then upon notice from the Comptroller of the delay, each
11respective State agency director or secretary shall report his
12or her State agency's delinquency and provide an action plan
13to bring his or her State agency into compliance to the
14Comptroller, the Auditor General, the Office of the Governor,
15the Speaker and Minority Leader of the House of
16Representatives, and the President and Minority Leader of the
17Senate. Upon receiving that report from a State agency
18director or secretary, the Comptroller shall post that report
19with the action plan on his or her official website.
20    (c) If an annual comprehensive a comprehensive annual
21financial report using generally accepted accounting
22principles cannot be published by December 31 due to
23insufficient or inadequate reporting to the Comptroller, the
24lapse period is extended past August 31 for the given fiscal
25year, or the Office of the Auditor General has not completed an
26audit of the annual comprehensive comprehensive annual

 

 

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1financial report, then the Comptroller may issue interim
2reports containing financial information made available by
3reporting State agencies until an audit opinion is issued by
4the Auditor General on the annual comprehensive comprehensive
5annual financial report.
6(Source: P.A. 102-291, eff. 8-6-21.)
 
7    Section 10. The Personnel Code is amended by changing
8Section 4c as follows:
 
9    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
10    Sec. 4c. General exemptions. The following positions in
11State service shall be exempt from jurisdictions A, B, and C,
12unless the jurisdictions shall be extended as provided in this
13Act:
14        (1) All officers elected by the people.
15        (2) All positions under the Lieutenant Governor,
16    Secretary of State, State Treasurer, State Comptroller,
17    State Board of Education, Clerk of the Supreme Court,
18    Attorney General, and State Board of Elections.
19        (3) Judges, and officers and employees of the courts,
20    and notaries public.
21        (4) All officers and employees of the Illinois General
22    Assembly, all employees of legislative commissions, all
23    officers and employees of the Illinois Legislative
24    Reference Bureau and the Legislative Printing Unit.

 

 

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1        (5) All positions in the Illinois National Guard and
2    Illinois State Guard, paid from federal funds or positions
3    in the State Military Service filled by enlistment and
4    paid from State funds.
5        (6) All employees of the Governor at the executive
6    mansion and on his immediate personal staff.
7        (7) Directors of Departments, the Adjutant General,
8    the Assistant Adjutant General, the Director of the
9    Illinois Emergency Management Agency, members of boards
10    and commissions, and all other positions appointed by the
11    Governor by and with the consent of the Senate.
12        (8) The presidents, other principal administrative
13    officers, and teaching, research and extension faculties
14    of Chicago State University, Eastern Illinois University,
15    Governors State University, Illinois State University,
16    Northeastern Illinois University, Northern Illinois
17    University, Western Illinois University, the Illinois
18    Community College Board, Southern Illinois University,
19    Illinois Board of Higher Education, University of
20    Illinois, State Universities Civil Service System,
21    University Retirement System of Illinois, and the
22    administrative officers and scientific and technical staff
23    of the Illinois State Museum.
24        (9) All other employees except the presidents, other
25    principal administrative officers, and teaching, research
26    and extension faculties of the universities under the

 

 

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1    jurisdiction of the Board of Regents and the colleges and
2    universities under the jurisdiction of the Board of
3    Governors of State Colleges and Universities, Illinois
4    Community College Board, Southern Illinois University,
5    Illinois Board of Higher Education, Board of Governors of
6    State Colleges and Universities, the Board of Regents,
7    University of Illinois, State Universities Civil Service
8    System, University Retirement System of Illinois, so long
9    as these are subject to the provisions of the State
10    Universities Civil Service Act.
11        (10) The Illinois State Police so long as they are
12    subject to the merit provisions of the Illinois State
13    Police Act. Employees of the Illinois State Police Merit
14    Board are subject to the provisions of this Code.
15        (11) (Blank).
16        (12) The technical and engineering staffs of the
17    Department of Transportation, the Department of Nuclear
18    Safety, the Pollution Control Board, and the Illinois
19    Commerce Commission, and the technical and engineering
20    staff providing architectural and engineering services in
21    the Department of Central Management Services.
22        (13) All employees of the Illinois State Toll Highway
23    Authority.
24        (14) The Secretary of the Illinois Workers'
25    Compensation Commission.
26        (15) All persons who are appointed or employed by the

 

 

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1    Director of Insurance under authority of Section 202 of
2    the Illinois Insurance Code to assist the Director of
3    Insurance in discharging his responsibilities relating to
4    the rehabilitation, liquidation, conservation, and
5    dissolution of companies that are subject to the
6    jurisdiction of the Illinois Insurance Code.
7        (16) All employees of the St. Louis Metropolitan Area
8    Airport Authority.
9        (17) All investment officers employed by the Illinois
10    State Board of Investment.
11        (18) Employees of the Illinois Young Adult
12    Conservation Corps program, administered by the Illinois
13    Department of Natural Resources, authorized grantee under
14    Title VIII of the Comprehensive Employment and Training
15    Act of 1973, 29 U.S.C. USC 993.
16        (19) Seasonal employees of the Department of
17    Agriculture for the operation of the Illinois State Fair
18    and the DuQuoin State Fair, no one person receiving more
19    than 29 days of such employment in any calendar year.
20        (20) All "temporary" employees hired under the
21    Department of Natural Resources' Illinois Conservation
22    Service, a youth employment program that hires young
23    people to work in State parks for a period of one year or
24    less.
25        (21) All hearing officers of the Human Rights
26    Commission.

 

 

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1        (22) All employees of the Illinois Mathematics and
2    Science Academy.
3        (23) All employees of the Kankakee River Valley Area
4    Airport Authority.
5        (24) The commissioners and employees of the Executive
6    Ethics Commission.
7        (25) The Executive Inspectors General, including
8    special Executive Inspectors General, and employees of
9    each Office of an Executive Inspector General.
10        (26) The commissioners and employees of the
11    Legislative Ethics Commission.
12        (27) The Legislative Inspector General, including
13    special Legislative Inspectors General, and employees of
14    the Office of the Legislative Inspector General.
15        (28) The Auditor General's Inspector General and
16    employees of the Office of the Auditor General's Inspector
17    General.
18        (29) All employees of the Illinois Power Agency.
19        (30) Employees having demonstrable, defined advanced
20    skills in accounting, financial reporting, or technical
21    expertise who are employed within executive branch
22    agencies and whose duties are directly related to the
23    submission to the Office of the Comptroller of financial
24    information for the publication of the Annual
25    Comprehensive Comprehensive Annual Financial Report.
26        (31) All employees of the Illinois Sentencing Policy

 

 

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1    Advisory Council.
2(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
3102-538, eff. 8-20-21; revised 10-5-21.)
 
4    Section 15. The State Finance Act is amended by changing
5Section 3 as follows:
 
6    (30 ILCS 105/3)  (from Ch. 127, par. 139)
7    Sec. 3. (a) Except as otherwise provided in subsection
8(b), each officer of the executive department and all public
9institutions of the State shall, no later than January 7 of
10each year, at least ten days preceding each regular session of
11the General Assembly, make and deliver to the Governor an
12annual report of their acts and doings, respectively, arranged
13so as to show the acts and doings of each for the fiscal year
14ending in the calendar year immediately preceding the calendar
15year in which that regular session of the General Assembly
16convenes.
17    (b) The University of Illinois shall, at least 10 days
18preceding each regular session of the General Assembly, make
19and deliver to the Governor an annual report of its acts and
20doings for the fiscal year ending in the calendar year
21immediately preceding the calendar year in which that regular
22session of the General Assembly convenes.
23(Source: P.A. 90-372, eff. 7-1-98.)
 

 

 

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1    Section 20. The Illinois Procurement Code is amended by
2changing Section 20-80 as follows:
 
3    (30 ILCS 500/20-80)
4    Sec. 20-80. Contract files.
5    (a) Written determinations. All written determinations
6required under this Article shall be placed in the contract
7file maintained by the chief procurement officer.
8    (b) Filing with Comptroller. Whenever a grant, defined
9pursuant to accounting standards established by the
10Comptroller, or a contract liability, except for: (1)
11contracts paid from personal services, (2) contracts between
12the State and its employees to defer compensation in
13accordance with Article 24 of the Illinois Pension Code, or
14(3) contracts or grants that do not obligate funds held within
15the State treasury for fiscal year 2022 and thereafter,
16exceeding $20,000 is incurred by any State agency, a copy of
17the contract, purchase order, grant, or lease shall be filed
18with the Comptroller within 30 calendar days thereafter.
19Beginning in fiscal year 2022, information pertaining to
20contracts or grants exceeding $20,000 that do not obligate
21funds held within the State treasury shall be submitted in a
22quarterly report to the Comptroller in a form and manner
23prescribed by the Comptroller. The Comptroller shall make the
24quarterly report available on his or her website. Beginning
25January 1, 2013, the Comptroller may require that contracts

 

 

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1and grants required to be filed with the Comptroller under
2this Section shall be filed electronically, unless the agency
3is incapable of filing the contract or grant electronically
4because it does not possess the necessary technology or
5equipment. Any State agency that is incapable of
6electronically filing its contracts or grants shall submit a
7written statement to the Governor and to the Comptroller
8attesting to the reasons for its inability to comply. This
9statement shall include a discussion of what the State agency
10needs in order to effectively comply with this Section. Prior
11to requiring electronic filing, the Comptroller shall consult
12with the Governor as to the feasibility of establishing
13mutually agreeable technical standards for the electronic
14document imaging, storage, and transfer of contracts and
15grants, taking into consideration the technology available to
16that agency, best practices, and the technological
17capabilities of State agencies. Nothing in this amendatory Act
18of the 97th General Assembly shall be construed to impede the
19implementation of an Enterprise Resource Planning (ERP)
20system. For each State contract for supplies or services
21awarded on or after July 1, 2010, the contracting agency shall
22provide the applicable rate and unit of measurement of the
23supplies or services on the contract obligation document as
24required by the Comptroller. If the contract obligation
25document that is submitted to the Comptroller contains the
26rate and unit of measurement of the supplies or services, the

 

 

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1Comptroller shall provide that information on his or her
2official website. Any cancellation or modification to any such
3contract liability shall be filed with the Comptroller within
430 calendar days of its execution.
5    (c) Late filing affidavit. When a contract, purchase
6order, grant, or lease required to be filed by this Section has
7not been filed within 30 calendar days of execution, the
8Comptroller shall refuse to issue a warrant for payment
9thereunder until the agency files with the Comptroller the
10contract, purchase order, grant, or lease and an affidavit,
11signed by the chief executive officer of the agency or his or
12her designee, setting forth an explanation of why the contract
13liability was not filed within 30 calendar days of execution.
14A copy of this affidavit shall be filed with the Auditor
15General.
16    (d) Timely execution of contracts. Except as set forth in
17subsection (b) of this Section, no voucher shall be submitted
18to the Comptroller for a warrant to be drawn for the payment of
19money from the State treasury or from other funds held by the
20State Treasurer on account of any contract unless the contract
21is reduced to writing before the services are performed and
22filed with the Comptroller. Contractors shall not be paid for
23any supplies that were received or services that were rendered
24before the contract was reduced to writing and signed by all
25necessary parties. A chief procurement officer may approve
26request an exception to this subsection by submitting a

 

 

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1written statement to the Comptroller and Treasurer setting
2forth the circumstances and reasons why the contract could not
3be reduced to writing before the supplies were received or
4services were performed. A waiver of this subsection must be
5approved by the Comptroller and Treasurer. This Section shall
6not apply to emergency purchases if notice of the emergency
7purchase is filed with the Procurement Policy Board and
8published in the Bulletin as required by this Code.
9    (e) Method of source selection. When a contract is filed
10with the Comptroller under this Section, the Comptroller's
11file shall identify the method of source selection used in
12obtaining the contract.
13(Source: P.A. 102-291, eff. 8-6-21.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.