Full Text of SB3245 97th General Assembly
SB3245sam002 97TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 2/28/2012
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| 1 | | AMENDMENT TO SENATE BILL 3245
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3245 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Records Act is amended by changing | 5 | | Section 9 as follows:
| 6 | | (5 ILCS 160/9) (from Ch. 116, par. 43.12)
| 7 | | Sec. 9.
The head of each agency shall establish, and | 8 | | maintain an active,
continuing program for the economical and | 9 | | efficient management of the
records of the agency.
| 10 | | Such program:
| 11 | | (1) shall provide for effective controls over the creation, | 12 | | maintenance,
and use of records in the conduct of current | 13 | | business and shall ensure that
agency electronic records, as | 14 | | specified in Section 5-135 of the Electronic
Commerce Security | 15 | | Act, are retained in a trustworthy manner so that the
records, | 16 | | and the information contained in the records, are accessible |
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| 1 | | and
usable for reference
for the duration of the retention | 2 | | period; all computer tape or disk maintenance
and preservation | 3 | | procedures
must be fully applied and, if equipment or programs | 4 | | providing access to the
records are updated or replaced, the | 5 | | existing data must remain accessible in
the successor format | 6 | | for the duration of the approved retention period;
| 7 | | (2) shall provide for cooperation with the Secretary in | 8 | | appointing a
records officer and in applying
standards, | 9 | | procedures, and techniques to improve the management of | 10 | | records,
promote the maintenance and security of records deemed | 11 | | appropriate for
preservation, and facilitate the segregation | 12 | | and disposal of records of
temporary value; and
| 13 | | (3) shall provide for compliance with the provisions of | 14 | | this Act and the
rules and regulations issued thereunder. | 15 | | If an agency has delegated its authority to retain records | 16 | | to another agency, then the delegate agency shall maintain, at | 17 | | a minimum, the same record retention methodology and record | 18 | | retention period as the original agency's program.
| 19 | | (Source: P.A. 92-866, eff. 1-3-03.)
| 20 | | Section 10. The Comptroller's Records Act is amended by | 21 | | changing Section 7 as follows:
| 22 | | (15 ILCS 415/7) (from Ch. 15, par. 31)
| 23 | | Sec. 7. Certificate of destruction. Before the destruction | 24 | | of any
warrants or records pursuant to this Act, the State |
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| 1 | | Comptroller shall have
prepared a certificate setting forth by | 2 | | summary description the warrants or
records and the manner, | 3 | | time and place of their destruction. The
certificate shall be | 4 | | signed by at least 2 witnesses of such destruction and
shall be | 5 | | kept in the permanent files of the Comptroller.
| 6 | | (Source: P.A. 78-592.)
| 7 | | Section 15. The State Finance Act is amended by changing | 8 | | Sections 12 and 25 as follows:
| 9 | | (30 ILCS 105/12) (from Ch. 127, par. 148)
| 10 | | Sec. 12.
Each voucher for traveling expenses shall indicate | 11 | | the
purpose of the travel as required by applicable travel | 12 | | regulations,
shall be itemized and shall be accompanied by all | 13 | | receipts specified in
the applicable travel regulations and by | 14 | | a certificate, signed by the
person incurring such expense, | 15 | | certifying that the amount is correct and
just; that the | 16 | | detailed items charged for subsistence were actually
paid; that | 17 | | the expenses were occasioned by official business or
| 18 | | unavoidable delays requiring the stay of such person at hotels | 19 | | for the
time specified; that the journey was performed with all | 20 | | practicable
dispatch by the shortest route usually traveled in | 21 | | the customary
reasonable manner; and that such person has not | 22 | | been furnished with
transportation or money in lieu thereof; | 23 | | for any part of the journey
therein charged for. | 24 | | Upon written approval by the office of the Comptroller, a |
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| 1 | | State agency may maintain the original travel voucher, the | 2 | | receipts, and the proof of the traveler's signature on the | 3 | | traveler's certification statement at the office of the State | 4 | | agency. However, nothing in this Section shall be construed to | 5 | | exempt a State agency from submitting a detailed travel voucher | 6 | | as prescribed by the office of the Comptroller.
| 7 | | An information copy of each voucher covering a claim by a | 8 | | person
subject to the official travel regulations promulgated | 9 | | under Section
12-2 for travel reimbursement involving an | 10 | | exception to the general
restrictions of such travel | 11 | | regulations shall be filed with the
applicable travel control | 12 | | board which shall consider these vouchers, or a
report thereof, | 13 | | for approval. Amounts disbursed for travel reimbursement
| 14 | | claims which are disapproved by the applicable travel control | 15 | | board shall
be refunded by the traveler and deposited in the | 16 | | fund or account from
which payment was made.
| 17 | | (Source: P.A. 84-345.)
| 18 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
| 19 | | Sec. 25. Fiscal year limitations.
| 20 | | (a) All appropriations shall be
available for expenditure | 21 | | for the fiscal year or for a lesser period if the
Act making | 22 | | that appropriation so specifies. A deficiency or emergency
| 23 | | appropriation shall be available for expenditure only through | 24 | | June 30 of
the year when the Act making that appropriation is | 25 | | enacted unless that Act
otherwise provides.
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| 1 | | (b) Outstanding liabilities as of June 30, payable from | 2 | | appropriations
which have otherwise expired, may be paid out of | 3 | | the expiring
appropriations during the 2-month period ending at | 4 | | the
close of business on August 31. Any service involving
| 5 | | professional or artistic skills or any personal services by an | 6 | | employee whose
compensation is subject to income tax | 7 | | withholding must be performed as of June
30 of the fiscal year | 8 | | in order to be considered an "outstanding liability as of
June | 9 | | 30" that is thereby eligible for payment out of the expiring
| 10 | | appropriation.
| 11 | | (b-1) However, payment of tuition reimbursement claims | 12 | | under Section 14-7.03 or
18-3 of the School Code may be made by | 13 | | the State Board of Education from its
appropriations for those | 14 | | respective purposes for any fiscal year, even though
the claims | 15 | | reimbursed by the payment may be claims attributable to a prior
| 16 | | fiscal year, and payments may be made at the direction of the | 17 | | State
Superintendent of Education from the fund from which the | 18 | | appropriation is made
without regard to any fiscal year | 19 | | limitations, except as required by subsection (j) of this | 20 | | Section. Beginning on June 30, 2021, payment of tuition | 21 | | reimbursement claims under Section 14-7.03 or 18-3 of the | 22 | | School Code as of June 30, payable from appropriations that | 23 | | have otherwise expired, may be paid out of the expiring | 24 | | appropriation during the 4-month period ending at the close of | 25 | | business on October 31.
| 26 | | (b-2) All outstanding liabilities as of June 30, 2010, |
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| 1 | | payable from appropriations that would otherwise expire at the | 2 | | conclusion of the lapse period for fiscal year 2010, and | 3 | | interest penalties payable on those liabilities under the State | 4 | | Prompt Payment Act, may be paid out of the expiring | 5 | | appropriations until December 31, 2010, without regard to the | 6 | | fiscal year in which the payment is made, as long as vouchers | 7 | | for the liabilities are received by the Comptroller no later | 8 | | than August 31, 2010. | 9 | | (b-2.5) All outstanding liabilities as of June 30, 2011, | 10 | | payable from appropriations that would otherwise expire at the | 11 | | conclusion of the lapse period for fiscal year 2011, and | 12 | | interest penalties payable on those liabilities under the State | 13 | | Prompt Payment Act, may be paid out of the expiring | 14 | | appropriations until December 31, 2011, without regard to the | 15 | | fiscal year in which the payment is made, as long as vouchers | 16 | | for the liabilities are received by the Comptroller no later | 17 | | than August 31, 2011. | 18 | | (b-2.6) For fiscal years 2012 and 2013, interest penalties | 19 | | payable under the State Prompt Payment Act associated with a | 20 | | voucher for which payment is issued after June 30 may be paid | 21 | | out of the next fiscal year's appropriation. The future year | 22 | | appropriation must be for the same purpose and from the same | 23 | | fund as the original payment. An interest penalty voucher | 24 | | submitted against a future year appropriation must be submitted | 25 | | within 60 days after the issuance of the associated voucher, | 26 | | and the Comptroller must issue the interest payment within 60 |
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| 1 | | days after acceptance of the interest voucher. | 2 | | (b-3) Medical payments may be made by the Department of | 3 | | Veterans' Affairs from
its
appropriations for those purposes | 4 | | for any fiscal year, without regard to the
fact that the | 5 | | medical services being compensated for by such payment may have
| 6 | | been rendered in a prior fiscal year, except as required by | 7 | | subsection (j) of this Section. Beginning on June 30, 2021, | 8 | | medical payments payable from appropriations that have | 9 | | otherwise expired may be paid out of the expiring appropriation | 10 | | during the 4-month period ending at the close of business on | 11 | | October 31.
| 12 | | (b-4) Medical payments may be made by the Department of | 13 | | Healthcare and Family Services and medical payments and child | 14 | | care
payments may be made by the Department of
Human Services | 15 | | (as successor to the Department of Public Aid) from
| 16 | | appropriations for those purposes for any fiscal year,
without | 17 | | regard to the fact that the medical or child care services | 18 | | being
compensated for by such payment may have been rendered in | 19 | | a prior fiscal
year; and payments may be made at the direction | 20 | | of the Department of
Healthcare and Family Services from the | 21 | | Health Insurance Reserve Fund and the
Local Government Health | 22 | | Insurance Reserve Fund without regard to any fiscal
year | 23 | | limitations, except as required by subsection (j) of this | 24 | | Section. Beginning on June 30, 2021, medical payments made by | 25 | | the Department of Healthcare and Family Services, child care | 26 | | payments made by the Department of Human Services, and payments |
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| 1 | | made at the discretion of the Department of Healthcare and | 2 | | Family Services from the Health Insurance Reserve Fund and the | 3 | | Local Government Health Insurance Reserve Fund payable from | 4 | | appropriations that have otherwise expired may be paid out of | 5 | | the expiring appropriation during the 4-month period ending at | 6 | | the close of business on October 31.
| 7 | | (b-5) Medical payments may be made by the Department of | 8 | | Human Services from its appropriations relating to substance | 9 | | abuse treatment services for any fiscal year, without regard to | 10 | | the fact that the medical services being compensated for by | 11 | | such payment may have been rendered in a prior fiscal year, | 12 | | provided the payments are made on a fee-for-service basis | 13 | | consistent with requirements established for Medicaid | 14 | | reimbursement by the Department of Healthcare and Family | 15 | | Services, except as required by subsection (j) of this Section. | 16 | | Beginning on June 30, 2021, medical payments made by the | 17 | | Department of Human Services relating to substance abuse | 18 | | treatment services payable from appropriations that have | 19 | | otherwise expired may be paid out of the expiring appropriation | 20 | | during the 4-month period ending at the close of business on | 21 | | October 31. | 22 | | (b-6) Additionally, payments may be made by the Department | 23 | | of Human Services from
its appropriations, or any other State | 24 | | agency from its appropriations with
the approval of the | 25 | | Department of Human Services, from the Immigration Reform
and | 26 | | Control Fund for purposes authorized pursuant to the |
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| 1 | | Immigration Reform
and Control Act of 1986, without regard to | 2 | | any fiscal year limitations, except as required by subsection | 3 | | (j) of this Section. Beginning on June 30, 2021, payments made | 4 | | by the Department of Human Services from the Immigration Reform | 5 | | and Control Fund for purposes authorized pursuant to the | 6 | | Immigration Reform and Control Act of 1986 payable from | 7 | | appropriations that have otherwise expired may be paid out of | 8 | | the expiring appropriation during the 4-month period ending at | 9 | | the close of business on October 31.
| 10 | | (b-7) Payments may be made in accordance with a plan | 11 | | authorized by paragraph (11) or (12) of Section 405-105 of the | 12 | | Department of Central Management Services Law from | 13 | | appropriations for those payments without regard to fiscal year | 14 | | limitations. | 15 | | (c) Further, payments may be made by the Department of | 16 | | Public Health, the
Department of Human Services (acting as | 17 | | successor to the Department of Public
Health under the | 18 | | Department of Human Services Act), and the Department of | 19 | | Healthcare and Family Services
from their respective | 20 | | appropriations for grants for medical care to or on
behalf of | 21 | | persons
suffering from chronic renal disease, persons | 22 | | suffering from hemophilia, rape
victims, and premature and | 23 | | high-mortality risk infants and their mothers and
for grants | 24 | | for supplemental food supplies provided under the United States
| 25 | | Department of Agriculture Women, Infants and Children | 26 | | Nutrition Program,
for any fiscal year without regard to the |
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| 1 | | fact that the services being
compensated for by such payment | 2 | | may have been rendered in a prior fiscal year, except as | 3 | | required by subsection (j) of this Section. Beginning on June | 4 | | 30, 2021, payments made by the Department of Public Health, the | 5 | | Department of Human Services, and the Department of Healthcare | 6 | | and Family Services from their respective appropriations for | 7 | | grants for medical care to or on behalf of persons suffering | 8 | | from chronic renal disease, persons suffering from hemophilia, | 9 | | rape victims, and premature and high-mortality risk infants and | 10 | | their mothers and for grants for supplemental food supplies | 11 | | provided under the United States Department of Agriculture | 12 | | Women, Infants and Children Nutrition Program payable from | 13 | | appropriations that have otherwise expired may be paid out of | 14 | | the expiring appropriations during the 4-month period ending at | 15 | | the close of business on October 31.
| 16 | | (d) The Department of Public Health and the Department of | 17 | | Human Services
(acting as successor to the Department of Public | 18 | | Health under the Department of
Human Services Act) shall each | 19 | | annually submit to the State Comptroller, Senate
President, | 20 | | Senate
Minority Leader, Speaker of the House, House Minority | 21 | | Leader, and the
respective Chairmen and Minority Spokesmen of | 22 | | the
Appropriations Committees of the Senate and the House, on | 23 | | or before
December 31, a report of fiscal year funds used to | 24 | | pay for services
provided in any prior fiscal year. This report | 25 | | shall document by program or
service category those | 26 | | expenditures from the most recently completed fiscal
year used |
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| 1 | | to pay for services provided in prior fiscal years.
| 2 | | (e) The Department of Healthcare and Family Services, the | 3 | | Department of Human Services
(acting as successor to the | 4 | | Department of Public Aid), and the Department of Human Services | 5 | | making fee-for-service payments relating to substance abuse | 6 | | treatment services provided during a previous fiscal year shall | 7 | | each annually
submit to the State
Comptroller, Senate | 8 | | President, Senate Minority Leader, Speaker of the House,
House | 9 | | Minority Leader, the respective Chairmen and Minority | 10 | | Spokesmen of the
Appropriations Committees of the Senate and | 11 | | the House, on or before November
30, a report that shall | 12 | | document by program or service category those
expenditures from | 13 | | the most recently completed fiscal year used to pay for (i)
| 14 | | services provided in prior fiscal years and (ii) services for | 15 | | which claims were
received in prior fiscal years.
| 16 | | (f) The Department of Human Services (as successor to the | 17 | | Department of
Public Aid) shall annually submit to the State
| 18 | | Comptroller, Senate President, Senate Minority Leader, Speaker | 19 | | of the House,
House Minority Leader, and the respective | 20 | | Chairmen and Minority Spokesmen of
the Appropriations | 21 | | Committees of the Senate and the House, on or before
December | 22 | | 31, a report
of fiscal year funds used to pay for services | 23 | | (other than medical care)
provided in any prior fiscal year. | 24 | | This report shall document by program or
service category those | 25 | | expenditures from the most recently completed fiscal
year used | 26 | | to pay for services provided in prior fiscal years.
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| 1 | | (g) In addition, each annual report required to be | 2 | | submitted by the
Department of Healthcare and Family Services | 3 | | under subsection (e) shall include the following
information | 4 | | with respect to the State's Medicaid program:
| 5 | | (1) Explanations of the exact causes of the variance | 6 | | between the previous
year's estimated and actual | 7 | | liabilities.
| 8 | | (2) Factors affecting the Department of Healthcare and | 9 | | Family Services' liabilities,
including but not limited to | 10 | | numbers of aid recipients, levels of medical
service | 11 | | utilization by aid recipients, and inflation in the cost of | 12 | | medical
services.
| 13 | | (3) The results of the Department's efforts to combat | 14 | | fraud and abuse.
| 15 | | (h) As provided in Section 4 of the General Assembly | 16 | | Compensation Act,
any utility bill for service provided to a | 17 | | General Assembly
member's district office for a period | 18 | | including portions of 2 consecutive
fiscal years may be paid | 19 | | from funds appropriated for such expenditure in
either fiscal | 20 | | year.
| 21 | | (i) An agency which administers a fund classified by the | 22 | | Comptroller as an
internal service fund may issue rules for:
| 23 | | (1) billing user agencies in advance for payments or | 24 | | authorized inter-fund transfers
based on estimated charges | 25 | | for goods or services;
| 26 | | (2) issuing credits, refunding through inter-fund |
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| 1 | | transfers, or reducing future inter-fund transfers
during
| 2 | | the subsequent fiscal year for all user agency payments or | 3 | | authorized inter-fund transfers received during the
prior | 4 | | fiscal year which were in excess of the final amounts owed | 5 | | by the user
agency for that period; and
| 6 | | (3) issuing catch-up billings to user agencies
during | 7 | | the subsequent fiscal year for amounts remaining due when | 8 | | payments or authorized inter-fund transfers
received from | 9 | | the user agency during the prior fiscal year were less than | 10 | | the
total amount owed for that period.
| 11 | | User agencies are authorized to reimburse internal service | 12 | | funds for catch-up
billings by vouchers drawn against their | 13 | | respective appropriations for the
fiscal year in which the | 14 | | catch-up billing was issued or by increasing an authorized | 15 | | inter-fund transfer during the current fiscal year. For the | 16 | | purposes of this Act, "inter-fund transfers" means transfers | 17 | | without the use of the voucher-warrant process, as authorized | 18 | | by Section 9.01 of the State Comptroller Act.
| 19 | | (i-1) Beginning on July 1, 2021, all outstanding | 20 | | liabilities, not payable during the 4-month lapse period as | 21 | | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | 22 | | (c) of this Section, that are made from appropriations for that | 23 | | purpose for any fiscal year, without regard to the fact that | 24 | | the services being compensated for by those payments may have | 25 | | been rendered in a prior fiscal year, are limited to only those | 26 | | claims that have been incurred but for which a proper bill or |
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| 1 | | invoice as defined by the State Prompt Payment Act has not been | 2 | | received by September 30th following the end of the fiscal year | 3 | | in which the service was rendered. | 4 | | (j) Notwithstanding any other provision of this Act, the | 5 | | aggregate amount of payments to be made without regard for | 6 | | fiscal year limitations as contained in subsections (b-1), | 7 | | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | 8 | | determined by using Generally Accepted Accounting Principles, | 9 | | shall not exceed the following amounts: | 10 | | (1) $6,000,000,000 for outstanding liabilities related | 11 | | to fiscal year 2012; | 12 | | (2) $5,300,000,000 for outstanding liabilities related | 13 | | to fiscal year 2013; | 14 | | (3) $4,600,000,000 for outstanding liabilities related | 15 | | to fiscal year 2014; | 16 | | (4) $4,000,000,000 for outstanding liabilities related | 17 | | to fiscal year 2015; | 18 | | (5) $3,300,000,000 for outstanding liabilities related | 19 | | to fiscal year 2016; | 20 | | (6) $2,600,000,000 for outstanding liabilities related | 21 | | to fiscal year 2017; | 22 | | (7) $2,000,000,000 for outstanding liabilities related | 23 | | to fiscal year 2018; | 24 | | (8) $1,300,000,000 for outstanding liabilities related | 25 | | to fiscal year 2019; | 26 | | (9) $600,000,000 for outstanding liabilities related |
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| 1 | | to fiscal year 2020; and | 2 | | (10) $0 for outstanding liabilities related to fiscal | 3 | | year 2021 and fiscal years thereafter. | 4 | | (k) The Comptroller must issue payments against | 5 | | outstanding liabilities that were received prior to the lapse | 6 | | period deadlines set forth in this Section as soon thereafter | 7 | | as practical, but no payment may be issued after the 4 months | 8 | | following the lapse period deadline without the signed | 9 | | authorization of the Comptroller and the Governor. | 10 | | (Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10; | 11 | | 96-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff. | 12 | | 8-12-11.)
| 13 | | Section 20. The Illinois Procurement Code is amended by | 14 | | changing Section 20-80 as follows:
| 15 | | (30 ILCS 500/20-80)
| 16 | | Sec. 20-80. Contract files.
| 17 | | (a) Written determinations. All written determinations
| 18 | | required under this Article shall
be placed in the contract | 19 | | file maintained by the chief procurement officer.
| 20 | | (b) Filing with Comptroller. Whenever a grant, defined | 21 | | pursuant to
accounting standards established by the | 22 | | Comptroller, or a contract
liability,
except for:
(1) contracts | 23 | | paid
from personal services, or
(2) contracts between the State | 24 | | and its
employees to defer
compensation in accordance with |
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| 1 | | Article 24 of the Illinois Pension Code,
exceeding $20,000 | 2 | | $10,000 is incurred by any
State agency, a copy of the | 3 | | contract, purchase order, grant, or
lease shall be filed with | 4 | | the
Comptroller within 30 15 days thereafter. Beginning January | 5 | | 1, 2013, the Comptroller may require that grants and contracts | 6 | | that must be filed with the Comptroller under this Section | 7 | | shall be filed electronically. For each State contract for | 8 | | goods, supplies, or services awarded on or after July 1, 2010, | 9 | | the contracting agency shall provide the applicable rate and | 10 | | unit of measurement of the goods, supplies, or services on the | 11 | | contract obligation document as required by the Comptroller. If | 12 | | the contract obligation document that is submitted to the | 13 | | Comptroller contains the rate and unit of measurement of the | 14 | | goods, supplies, or services, the Comptroller shall provide | 15 | | that information on his or her official website. Any | 16 | | cancellation or
modification to any such contract
liability | 17 | | shall be filed with the Comptroller within 30 15 days of
its | 18 | | execution.
| 19 | | (c) Late filing affidavit. When a contract, purchase order, | 20 | | grant,
or lease required to be
filed by this Section has not | 21 | | been filed within 30 days of
execution, the Comptroller shall | 22 | | refuse
to issue a warrant for payment thereunder until the | 23 | | agency files
with the Comptroller the
contract, purchase order, | 24 | | grant, or lease and an affidavit, signed by the
chief executive | 25 | | officer of the
agency or his or her designee, setting forth an | 26 | | explanation of why
the contract liability was not
filed within |
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| 1 | | 30 days of execution. A copy of this affidavit shall
be filed | 2 | | with the Auditor
General.
| 3 | | (d) Timely execution of contracts. No
voucher shall be | 4 | | submitted to the
Comptroller for a warrant to be drawn for the | 5 | | payment of money
from the State treasury or from
other funds | 6 | | held by the State Treasurer on account of any contract unless | 7 | | the
contract is reduced to writing
before the services are | 8 | | performed and filed with the Comptroller. Vendors shall not be | 9 | | paid for any goods that were received or services that were | 10 | | rendered before the contract was reduced to writing and signed | 11 | | by all necessary parties. A chief procurement officer may | 12 | | request an exception to this subsection by submitting a written | 13 | | statement to the Comptroller and Treasurer setting forth the | 14 | | circumstances and reasons why the contract could not be reduced | 15 | | to writing before the supplies were received or services were | 16 | | performed. A waiver of this subsection must be approved by the | 17 | | Comptroller and Treasurer. This Section shall not apply to | 18 | | emergency purchases if notice of the emergency purchase is | 19 | | filed with the Procurement Policy Board and published in the | 20 | | Bulletin as required by this Code.
| 21 | | (e) Method of source selection. When a contract is filed
| 22 | | with the Comptroller under this
Section, the Comptroller's file | 23 | | shall identify the method of
source selection used in obtaining | 24 | | the
contract.
| 25 | | (Source: P.A. 96-794, eff. 1-1-10; 96-795, eff. 7-1-10 (see | 26 | | Section 5 of P.A. 96-793 for the effective date of changes made |
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| 1 | | by P.A. 96-795); 96-1000, eff. 7-2-10.) | 2 | | Section 25. The Governmental Account Audit Act is amended | 3 | | by changing Section 2 as follows:
| 4 | | (50 ILCS 310/2) (from Ch. 85, par. 702)
| 5 | | Sec. 2.
Except as otherwise provided in Section 3, the | 6 | | governing body of
each governmental unit shall cause an audit | 7 | | of the accounts of the unit to be
made by a licensed public | 8 | | accountant. Such audit shall be made annually and
shall cover | 9 | | the immediately preceding fiscal year of the governmental unit.
| 10 | | The audit shall include all the accounts and funds of the | 11 | | governmental
unit, including the accounts of any officer of the | 12 | | governmental unit who
receives fees or handles funds of the | 13 | | unit or who spends money of the unit.
The audit shall begin as | 14 | | soon as possible after the close of the last
fiscal year to | 15 | | which it pertains, and shall be completed and the audit
report | 16 | | filed with the Comptroller within 6 months after the close of | 17 | | such
fiscal year unless an extension of time is granted by the | 18 | | Comptroller in
writing. An audit report which fails to meet the | 19 | | requirements of this
Act shall be rejected by the Comptroller | 20 | | and returned to the governing body
of the governmental unit for | 21 | | corrective action. The
licensed public accountant making the | 22 | | audit shall submit not
less than 3 copies of the audit report | 23 | | to the governing body of the
governmental unit being audited. | 24 | | Any financial report under this Section shall include the |
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| 1 | | name of the purchasing agent who oversees all competitively bid | 2 | | contracts. If there is no purchasing agent, the name of the | 3 | | person responsible for oversight of all competitively bid | 4 | | contracts shall be listed.
| 5 | | (Source: P.A. 85-1000.)
| 6 | | Section 30. The Counties Code is amended by changing | 7 | | Section 6-31003 as follows:
| 8 | | (55 ILCS 5/6-31003) (from Ch. 34, par. 6-31003)
| 9 | | Sec. 6-31003. Annual audits and reports. In counties having | 10 | | a
population of over 10,000 but less than 500,000, the county | 11 | | board of each
county shall cause an audit of all of the funds | 12 | | and accounts of the county
to be made annually by an accountant
| 13 | | or accountants chosen by the county board or by an accountant | 14 | | or accountants
retained by the Comptroller, as hereinafter | 15 | | provided. In addition, each
county having a population of less | 16 | | than 500,000 shall file with the Comptroller
a financial report | 17 | | containing information required by the Comptroller.
Such | 18 | | financial report shall be on a form so designed by the | 19 | | Comptroller
as not to require professional accounting services | 20 | | for its preparation.
| 21 | | Any financial report under this Section shall include the | 22 | | name of the purchasing agent who oversees all competitively bid | 23 | | contracts. If there is no purchasing agent, the name of the | 24 | | person responsible for oversight of all competitively bid |
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| 1 | | contracts shall be listed. | 2 | | The audit shall commence as soon as possible after the | 3 | | close of each
fiscal year and shall be completed within 6 | 4 | | months after the close of such
fiscal year, unless an extension | 5 | | of time is granted by the Comptroller in
writing. Such | 6 | | extension of time shall not exceed 60 days. When the accountant
| 7 | | or accountants have completed the audit a full report thereof | 8 | | shall be made
and not less than 2 copies of each audit report | 9 | | shall be submitted to the
county board. Each audit report shall | 10 | | be signed by the accountant making
the audit and shall include | 11 | | only financial information, findings and
conclusions that are | 12 | | adequately supported by evidence in the auditor's
working | 13 | | papers to demonstrate or prove, when called upon, the basis for | 14 | | the
matters reported and their correctness and reasonableness. | 15 | | In connection
with this, each county board shall retain the | 16 | | right of inspection of the
auditor's working papers and shall | 17 | | make them available to the Comptroller,
or his designee, upon | 18 | | request.
| 19 | | Within 60 days of receipt of an audit report, each county | 20 | | board shall file
one copy of each audit report and each | 21 | | financial report with the Comptroller
and any comment or | 22 | | explanation that the county board may desire to make
concerning | 23 | | such audit report may be attached thereto. An audit report
| 24 | | which fails to meet the requirements of this Division shall be
| 25 | | rejected by the Comptroller and returned to the county board | 26 | | for corrective
action. One copy of each such report shall be |
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| 1 | | filed with the county clerk
of the county so audited.
| 2 | | (Source: P.A. 86-962.)
| 3 | | Section 35. The Illinois Municipal Code is amended by | 4 | | changing Section 8-8-3 as follows: | 5 | | (65 ILCS 5/8-8-3) (from Ch. 24, par. 8-8-3) | 6 | | Sec. 8-8-3. Audit requirements. | 7 | | (a) The corporate authorities of each municipality coming | 8 | | under the
provisions of this Division 8 shall cause an audit of | 9 | | the funds and
accounts of the municipality to be made by an | 10 | | accountant or accountants
employed by such municipality or by | 11 | | an accountant or accountants retained
by the Comptroller, as | 12 | | hereinafter provided. | 13 | | (b) The accounts and funds of each municipality having a | 14 | | population of 800
or more or having a bonded debt or owning or | 15 | | operating any type of public
utility shall be audited annually. | 16 | | The audit herein required shall include
all of the accounts and | 17 | | funds of the municipality. Such audit shall be
begun as soon as | 18 | | possible after the close of the fiscal year, and shall be
| 19 | | completed and the report submitted within 6 months after the | 20 | | close of such
fiscal year, unless an extension of time shall be | 21 | | granted by the
Comptroller in writing. The accountant or | 22 | | accountants making the audit
shall submit not less than 2 | 23 | | copies of the audit report to the corporate
authorities of the | 24 | | municipality being audited. Municipalities not operating
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| 1 | | utilities may cause audits of the accounts of municipalities to | 2 | | be made
more often than herein provided, by an accountant or | 3 | | accountants. The audit
report of such audit when filed with the | 4 | | Comptroller together with an audit
report covering the | 5 | | remainder of the period for which an audit is required
to be | 6 | | filed hereunder shall satisfy the requirements of this section. | 7 | | (c) Municipalities of less than 800 population which do not | 8 | | own or operate
public utilities and do not have bonded debt, | 9 | | shall file annually with the
Comptroller a financial report | 10 | | containing information required by the
Comptroller. Such | 11 | | annual financial report shall be on forms devised by the
| 12 | | Comptroller in such manner as to not require professional | 13 | | accounting
services for its preparation. | 14 | | (d) In addition to any audit report required, all | 15 | | municipalities, except
municipalities of less than 800 | 16 | | population which do not own or operate
public utilities and do | 17 | | not have bonded debt, shall file annually with the
Comptroller | 18 | | a supplemental report on forms devised and approved by the
| 19 | | Comptroller. | 20 | | (e) Notwithstanding any provision of law to the contrary, | 21 | | if a municipality (i) has a population of less than 200, (ii) | 22 | | has bonded debt in the amount of $50,000 or less, and (iii) | 23 | | owns or operates a public utility, then the municipality shall | 24 | | cause an audit of the funds and accounts of the municipality to | 25 | | be made by an accountant employed by the municipality or | 26 | | retained by the Comptroller for fiscal year 2011 and every |
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| 1 | | fourth fiscal year thereafter or until the municipality has a | 2 | | population of 200 or more, has bonded debt in excess of | 3 | | $50,000, or no longer owns or operates a public utility. | 4 | | Nothing in this subsection shall be construed as limiting the | 5 | | municipality's duty to file an annual financial report with the | 6 | | Comptroller or to comply with the filing requirements | 7 | | concerning the county clerk. | 8 | | (f) Any financial report under this Section shall include | 9 | | the name of the purchasing agent who oversees all competitively | 10 | | bid contracts. If there is no purchasing agent, the name of the | 11 | | person responsible for oversight of all competitively bid | 12 | | contracts shall be listed. | 13 | | (Source: P.A. 96-1309, eff. 7-27-10.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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