Full Text of HB4739 102nd General Assembly
HB4739eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Comptroller Act is amended by | 5 | | changing Section 19.5 as follows: | 6 | | (15 ILCS 405/19.5) | 7 | | Sec. 19.5. Annual Comprehensive Comprehensive Annual | 8 | | Financial Report; procedures and reporting. | 9 | | (a) On or before October 31, 2012, and on or before each | 10 | | October 31 thereafter, State agencies shall report to the | 11 | | Comptroller all financial information deemed necessary by the | 12 | | Comptroller to compile and publish an annual comprehensive a | 13 | | comprehensive annual financial report using generally accepted | 14 | | accounting principles for the fiscal year ending June 30 of | 15 | | that year. The Comptroller may require certain State agencies | 16 | | to submit the required information before October 31 under a | 17 | | schedule established by the Comptroller. If a State agency has | 18 | | submitted no or insufficient financial information by October | 19 | | 31, the Comptroller shall serve a written notice to each | 20 | | respective State agency director or secretary about the | 21 | | delinquency 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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| 1 | | the lapse period is not extended past August 31 for the given | 2 | | fiscal year, and the Office of the Auditor General has | 3 | | completed an audit of the annual comprehensive comprehensive | 4 | | annual financial report, then the Comptroller shall publish an | 5 | | annual comprehensive a comprehensive annual financial report | 6 | | using generally accepted accounting principles for the fiscal | 7 | | year ending June 30 of that year by December 31. If the | 8 | | information as required by subsection (a) is not provided to | 9 | | the Comptroller in time to publish the report by December 31, | 10 | | then upon notice from the Comptroller of the delay, each | 11 | | respective State agency director or secretary shall report his | 12 | | or her State agency's delinquency and provide an action plan | 13 | | to bring his or her State agency into compliance to the | 14 | | Comptroller, the Auditor General, the Office of the Governor, | 15 | | the Speaker and Minority Leader of the House of | 16 | | Representatives, and the President and Minority Leader of the | 17 | | Senate. Upon receiving that report from a State agency | 18 | | director or secretary, the Comptroller shall post that report | 19 | | with the action plan on his or her official website. | 20 | | (c) If an annual comprehensive a comprehensive annual | 21 | | financial report using generally accepted accounting | 22 | | principles cannot be published by December 31 due to | 23 | | insufficient or inadequate reporting to the Comptroller, the | 24 | | lapse period is extended past August 31 for the given fiscal | 25 | | year, or the Office of the Auditor General has not completed an | 26 | | audit of the annual comprehensive comprehensive annual |
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| 1 | | financial report, then the Comptroller may issue interim | 2 | | reports containing financial information made available by | 3 | | reporting State agencies until an audit opinion is issued by | 4 | | the Auditor General on the annual comprehensive comprehensive | 5 | | annual financial report.
| 6 | | (Source: P.A. 102-291, eff. 8-6-21.) | 7 | | Section 10. The Personnel Code is amended by changing | 8 | | Section 4c as follows: | 9 | | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | 10 | | Sec. 4c. General exemptions. The following positions in | 11 | | State
service shall be exempt from jurisdictions A, B, and C, | 12 | | unless the
jurisdictions shall be extended as provided in this | 13 | | Act:
| 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; | 3 | | 102-538, eff. 8-20-21; revised 10-5-21.)
| 4 | | Section 15. The State Finance Act is amended by changing | 5 | | Section 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 | 9 | | institutions of the
State shall, no later than January 7 of | 10 | | each year, at least ten days preceding each regular session of | 11 | | the
General Assembly, make and deliver to the Governor
an | 12 | | annual report of
their acts and doings, respectively, arranged | 13 | | so as to show the acts and
doings of each for the fiscal year
| 14 | | ending in the calendar year immediately
preceding
the calendar | 15 | | year in which that regular session of the General Assembly
| 16 | | convenes.
| 17 | | (b) The University of Illinois shall, at least 10 days | 18 | | preceding each
regular session of the General Assembly, make | 19 | | and deliver to the Governor
an annual report of its acts and | 20 | | doings for the fiscal year ending in the
calendar year | 21 | | immediately preceding the calendar year in which that regular
| 22 | | session 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 | 2 | | changing Section 20-80 as follows:
| 3 | | (30 ILCS 500/20-80)
| 4 | | Sec. 20-80. Contract files.
| 5 | | (a) Written determinations. All written determinations
| 6 | | required under this Article shall
be placed in the contract | 7 | | file maintained by the chief procurement officer.
| 8 | | (b) Filing with Comptroller. Whenever a grant, defined | 9 | | pursuant to
accounting standards established by the | 10 | | Comptroller, or a contract
liability,
except for:
(1) | 11 | | contracts paid
from personal services,
(2) contracts between | 12 | | the State and its
employees to defer
compensation in | 13 | | accordance with Article 24 of the Illinois Pension Code, or | 14 | | (3) contracts or grants that do not obligate funds held within | 15 | | the State treasury for fiscal year 2022 and thereafter,
| 16 | | exceeding $20,000 is incurred by any
State agency, a copy of | 17 | | the contract, purchase order, grant, or
lease shall be filed | 18 | | with the
Comptroller within 30 calendar days thereafter. | 19 | | Beginning in fiscal year 2022, information pertaining to | 20 | | contracts or grants exceeding $20,000 that do not obligate | 21 | | funds held within the State treasury shall be submitted in a | 22 | | quarterly report to the Comptroller in a form and manner | 23 | | prescribed by the Comptroller. The Comptroller shall make the | 24 | | quarterly report available on his or her website. Beginning | 25 | | January 1, 2013, the Comptroller may require that contracts |
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| 1 | | and grants required to be filed with the Comptroller under | 2 | | this Section shall be filed electronically, unless the agency | 3 | | is incapable of filing the contract or grant electronically | 4 | | because it does not possess the necessary technology or | 5 | | equipment. Any State agency that is incapable of | 6 | | electronically filing its contracts or grants shall submit a | 7 | | written statement to the Governor and to the Comptroller | 8 | | attesting to the reasons for its inability to comply. This | 9 | | statement shall include a discussion of what the State agency | 10 | | needs in order to effectively comply with this Section. Prior | 11 | | to requiring electronic filing, the Comptroller shall consult | 12 | | with the Governor as to the feasibility of establishing | 13 | | mutually agreeable technical standards for the electronic | 14 | | document imaging, storage, and transfer of contracts and | 15 | | grants, taking into consideration the technology available to | 16 | | that agency, best practices, and the technological | 17 | | capabilities of State agencies. Nothing in this amendatory Act | 18 | | of the 97th General Assembly shall be construed to impede the | 19 | | implementation of an Enterprise Resource Planning (ERP) | 20 | | system. For each State contract for supplies or services | 21 | | awarded on or after July 1, 2010, the contracting agency shall | 22 | | provide the applicable rate and unit of measurement of the | 23 | | supplies or services on the contract obligation document as | 24 | | required by the Comptroller. If the contract obligation | 25 | | document that is submitted to the Comptroller contains the | 26 | | rate and unit of measurement of the supplies or services, the |
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| 1 | | Comptroller shall provide that information on his or her | 2 | | official website. Any cancellation or
modification to any such | 3 | | contract
liability shall be filed with the Comptroller within | 4 | | 30 calendar days of
its execution.
| 5 | | (c) Late filing affidavit. When a contract, purchase | 6 | | order, grant,
or lease required to be
filed by this Section has | 7 | | not been filed within 30 calendar days of
execution, the | 8 | | Comptroller shall refuse
to issue a warrant for payment | 9 | | thereunder until the agency files
with the Comptroller the
| 10 | | contract, purchase order, grant, or lease and an affidavit, | 11 | | signed by the
chief executive officer of the
agency or his or | 12 | | her designee, setting forth an explanation of why
the contract | 13 | | liability was not
filed within 30 calendar days of execution. | 14 | | A copy of this affidavit shall
be filed with the Auditor
| 15 | | General.
| 16 | | (d) Timely execution of contracts. Except as set forth in | 17 | | subsection (b) of this Section, no
voucher shall be submitted | 18 | | to the
Comptroller for a warrant to be drawn for the payment of | 19 | | money
from the State treasury or from
other funds held by the | 20 | | State Treasurer on account of any contract unless the
contract | 21 | | is reduced to writing
before the services are performed and | 22 | | filed with the Comptroller. Contractors shall not be paid for | 23 | | any supplies that were received or services that were rendered | 24 | | before the contract was reduced to writing and signed by all | 25 | | necessary parties. A chief procurement officer may approve | 26 | | request an exception to this subsection by submitting a |
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| 1 | | written statement to the Comptroller and Treasurer setting | 2 | | forth the circumstances and reasons why the contract could not | 3 | | be reduced to writing before the supplies were received or | 4 | | services were performed. A waiver of this subsection must be | 5 | | approved by the Comptroller and Treasurer. This Section shall | 6 | | not apply to emergency purchases if notice of the emergency | 7 | | purchase is filed with the Procurement Policy Board and | 8 | | published in the Bulletin as required by this Code.
| 9 | | (e) Method of source selection. When a contract is filed
| 10 | | with the Comptroller under this
Section, the Comptroller's | 11 | | file shall identify the method of
source selection used in | 12 | | obtaining the
contract.
| 13 | | (Source: P.A. 102-291, eff. 8-6-21.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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