SB2143 102ND GENERAL ASSEMBLY

LRB102 16261 RJF 21643 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2143

Introduced 2/26/2021, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:

30 ILCS 500/50-85 new

Amends the Illinois Procurement Code. Provides that if the Governor, pursuant to the power granted under the Illinois Emergency Management Agency Act, suspends or waives the requirements of the Code, the Auditor General shall conduct a performance audit of purchases exempted from the provisions of the Code due to a disaster declaration. Provides that the audit requirement shall apply to any disaster declaration issued by the Governor during calendar year 2020 or 2021 for which the provisions of the Code were suspended or waived. Provides for the contents of the audit. Requires the Auditor General to commence the audit as soon as possible upon the termination of a disaster declaration, and report his or her findings and recommendations upon completion in accordance with specified provisions of the Illinois State Auditing Act. Effective immediately.

A BILL FOR

AN ACT concerning finance.

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 adding Section 50-85 as follows:

(30 ILCS 500/50-85 new)

Sec. 50-85. Audit of disaster procurements.

(a) If the Governor, pursuant to the power granted to the Governor under paragraph (1) of Section 7 of the Illinois Emergency Management Agency Act, suspends or waives the requirements of this Code, the Auditor General shall conduct a performance audit of purchases exempted from the provisions of this Code due to a disaster declaration. The requirements of this Section shall apply to any disaster declaration issued by the Governor during calendar year 2020 or 2021 for which the provisions of this Code were suspended or waived, including such declarations issued before the effective date of this amendatory Act of the 102nd General Assembly.

(b) The audit required under subsection (a) shall include, but shall not be limited to, the following determinations:

(1) whether purchasing agencies took reasonable steps to maximize transparency and a competitive bidding process during the disaster;

(2) whether purchasing agencies limited the purchase to the time reasonably needed for a competitive procurement, not to exceed 90 calendar days, unless extended by the chief procurement officer;

(3) whether the procurements were published in the appropriate procurement bulletin; and

(4) whether the purchasing agencies kept accurate and complete records for all procurements exempted from the provisions of this Code under the disaster declaration.

(c) The Auditor General shall commence the audit required under this Section as soon as possible upon the termination of a disaster declaration, and report his or her findings and recommendations upon completion in accordance with Section 3-14 of the Illinois State Auditing Act.

Section 99. Effective date. This Act takes effect upon becoming law.