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Public Act 102-0783


 

Public Act 0783 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0783
 
HB4739 EnrolledLRB102 23328 RJF 32494 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Comptroller Act is amended by
changing Section 19.5 as follows:
 
    (15 ILCS 405/19.5)
    Sec. 19.5. Annual Comprehensive Comprehensive Annual
Financial Report; procedures and reporting.
    (a) On or before October 31, 2012, and on or before each
October 31 thereafter, State agencies shall report to the
Comptroller all financial information deemed necessary by the
Comptroller to compile and publish an annual comprehensive a
comprehensive annual financial report using generally accepted
accounting principles for the fiscal year ending June 30 of
that year. The Comptroller may require certain State agencies
to submit the required information before October 31 under a
schedule established by the Comptroller. If a State agency has
submitted no or insufficient financial information by October
31, the Comptroller shall serve a written notice to each
respective State agency director or secretary about the
delinquency or inadequacy of the financial information.
    (b) If the financial information required in subsection
(a) is submitted to the Comptroller on or before October 31,
the lapse period is not extended past August 31 for the given
fiscal year, and the Office of the Auditor General has
completed an audit of the annual comprehensive comprehensive
annual financial report, then the Comptroller shall publish an
annual comprehensive a comprehensive annual financial report
using generally accepted accounting principles for the fiscal
year ending June 30 of that year by December 31. If the
information as required by subsection (a) is not provided to
the Comptroller in time to publish the report by December 31,
then upon notice from the Comptroller of the delay, each
respective State agency director or secretary shall report his
or her State agency's delinquency and provide an action plan
to bring his or her State agency into compliance to the
Comptroller, the Auditor General, the Office of the Governor,
the Speaker and Minority Leader of the House of
Representatives, and the President and Minority Leader of the
Senate. Upon receiving that report from a State agency
director or secretary, the Comptroller shall post that report
with the action plan on his or her official website.
    (c) If an annual comprehensive a comprehensive annual
financial report using generally accepted accounting
principles cannot be published by December 31 due to
insufficient or inadequate reporting to the Comptroller, the
lapse period is extended past August 31 for the given fiscal
year, or the Office of the Auditor General has not completed an
audit of the annual comprehensive comprehensive annual
financial report, then the Comptroller may issue interim
reports containing financial information made available by
reporting State agencies until an audit opinion is issued by
the Auditor General on the annual comprehensive comprehensive
annual financial report.
(Source: P.A. 102-291, eff. 8-6-21.)
 
    Section 10. The Personnel Code is amended by changing
Section 4c as follows:
 
    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
    Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
        (1) All officers elected by the people.
        (2) All positions under the Lieutenant Governor,
    Secretary of State, State Treasurer, State Comptroller,
    State Board of Education, Clerk of the Supreme Court,
    Attorney General, and State Board of Elections.
        (3) Judges, and officers and employees of the courts,
    and notaries public.
        (4) All officers and employees of the Illinois General
    Assembly, all employees of legislative commissions, all
    officers and employees of the Illinois Legislative
    Reference Bureau and the Legislative Printing Unit.
        (5) All positions in the Illinois National Guard and
    Illinois State Guard, paid from federal funds or positions
    in the State Military Service filled by enlistment and
    paid from State funds.
        (6) All employees of the Governor at the executive
    mansion and on his immediate personal staff.
        (7) Directors of Departments, the Adjutant General,
    the Assistant Adjutant General, the Director of the
    Illinois Emergency Management Agency, members of boards
    and commissions, and all other positions appointed by the
    Governor by and with the consent of the Senate.
        (8) The presidents, other principal administrative
    officers, and teaching, research and extension faculties
    of Chicago State University, Eastern Illinois University,
    Governors State University, Illinois State University,
    Northeastern Illinois University, Northern Illinois
    University, Western Illinois University, the Illinois
    Community College Board, Southern Illinois University,
    Illinois Board of Higher Education, University of
    Illinois, State Universities Civil Service System,
    University Retirement System of Illinois, and the
    administrative officers and scientific and technical staff
    of the Illinois State Museum.
        (9) All other employees except the presidents, other
    principal administrative officers, and teaching, research
    and extension faculties of the universities under the
    jurisdiction of the Board of Regents and the colleges and
    universities under the jurisdiction of the Board of
    Governors of State Colleges and Universities, Illinois
    Community College Board, Southern Illinois University,
    Illinois Board of Higher Education, Board of Governors of
    State Colleges and Universities, the Board of Regents,
    University of Illinois, State Universities Civil Service
    System, University Retirement System of Illinois, so long
    as these are subject to the provisions of the State
    Universities Civil Service Act.
        (10) The Illinois State Police so long as they are
    subject to the merit provisions of the Illinois State
    Police Act. Employees of the Illinois State Police Merit
    Board are subject to the provisions of this Code.
        (11) (Blank).
        (12) The technical and engineering staffs of the
    Department of Transportation, the Department of Nuclear
    Safety, the Pollution Control Board, and the Illinois
    Commerce Commission, and the technical and engineering
    staff providing architectural and engineering services in
    the Department of Central Management Services.
        (13) All employees of the Illinois State Toll Highway
    Authority.
        (14) The Secretary of the Illinois Workers'
    Compensation Commission.
        (15) All persons who are appointed or employed by the
    Director of Insurance under authority of Section 202 of
    the Illinois Insurance Code to assist the Director of
    Insurance in discharging his responsibilities relating to
    the rehabilitation, liquidation, conservation, and
    dissolution of companies that are subject to the
    jurisdiction of the Illinois Insurance Code.
        (16) All employees of the St. Louis Metropolitan Area
    Airport Authority.
        (17) All investment officers employed by the Illinois
    State Board of Investment.
        (18) Employees of the Illinois Young Adult
    Conservation Corps program, administered by the Illinois
    Department of Natural Resources, authorized grantee under
    Title VIII of the Comprehensive Employment and Training
    Act of 1973, 29 U.S.C. USC 993.
        (19) Seasonal employees of the Department of
    Agriculture for the operation of the Illinois State Fair
    and the DuQuoin State Fair, no one person receiving more
    than 29 days of such employment in any calendar year.
        (20) All "temporary" employees hired under the
    Department of Natural Resources' Illinois Conservation
    Service, a youth employment program that hires young
    people to work in State parks for a period of one year or
    less.
        (21) All hearing officers of the Human Rights
    Commission.
        (22) All employees of the Illinois Mathematics and
    Science Academy.
        (23) All employees of the Kankakee River Valley Area
    Airport Authority.
        (24) The commissioners and employees of the Executive
    Ethics Commission.
        (25) The Executive Inspectors General, including
    special Executive Inspectors General, and employees of
    each Office of an Executive Inspector General.
        (26) The commissioners and employees of the
    Legislative Ethics Commission.
        (27) The Legislative Inspector General, including
    special Legislative Inspectors General, and employees of
    the Office of the Legislative Inspector General.
        (28) The Auditor General's Inspector General and
    employees of the Office of the Auditor General's Inspector
    General.
        (29) All employees of the Illinois Power Agency.
        (30) Employees having demonstrable, defined advanced
    skills in accounting, financial reporting, or technical
    expertise who are employed within executive branch
    agencies and whose duties are directly related to the
    submission to the Office of the Comptroller of financial
    information for the publication of the Annual
    Comprehensive Comprehensive Annual Financial Report.
        (31) All employees of the Illinois Sentencing Policy
    Advisory Council.
(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
102-538, eff. 8-20-21; revised 10-5-21.)
 
    Section 15. The State Finance Act is amended by changing
Section 3 as follows:
 
    (30 ILCS 105/3)  (from Ch. 127, par. 139)
    Sec. 3. (a) Except as otherwise provided in subsection
(b), each officer of the executive department and all public
institutions of the State shall, no later than January 7 of
each year, at least ten days preceding each regular session of
the General Assembly, make and deliver to the Governor an
annual report of their acts and doings, respectively, arranged
so as to show the acts and doings of each for the fiscal year
ending in the calendar year immediately preceding the calendar
year in which that regular session of the General Assembly
convenes.
    (b) The University of Illinois shall, at least 10 days
preceding each regular session of the General Assembly, make
and deliver to the Governor an annual report of its acts and
doings for the fiscal year ending in the calendar year
immediately preceding the calendar year in which that regular
session of the General Assembly convenes.
(Source: P.A. 90-372, eff. 7-1-98.)
 
    Section 20. The Illinois Procurement Code is amended by
changing Section 20-80 as follows:
 
    (30 ILCS 500/20-80)
    Sec. 20-80. Contract files.
    (a) Written determinations. All written determinations
required under this Article shall be placed in the contract
file maintained by the chief procurement officer.
    (b) Filing with Comptroller. Whenever a grant, defined
pursuant to accounting standards established by the
Comptroller, or a contract liability, except for: (1)
contracts paid from personal services, (2) contracts between
the State and its employees to defer compensation in
accordance with Article 24 of the Illinois Pension Code, or
(3) contracts or grants that do not obligate funds held within
the State treasury for fiscal year 2022 and thereafter,
exceeding $20,000 is incurred by any State agency, a copy of
the contract, purchase order, grant, or lease shall be filed
with the Comptroller within 30 calendar days thereafter.
Beginning in fiscal year 2022, information pertaining to
contracts or grants exceeding $20,000 that do not obligate
funds held within the State treasury shall be submitted in a
quarterly report to the Comptroller in a form and manner
prescribed by the Comptroller. The Comptroller shall make the
quarterly report available on his or her website. Beginning
January 1, 2013, the Comptroller may require that contracts
and grants required to be filed with the Comptroller under
this Section shall be filed electronically, unless the agency
is incapable of filing the contract or grant electronically
because it does not possess the necessary technology or
equipment. Any State agency that is incapable of
electronically filing its contracts or grants shall submit a
written statement to the Governor and to the Comptroller
attesting to the reasons for its inability to comply. This
statement shall include a discussion of what the State agency
needs in order to effectively comply with this Section. Prior
to requiring electronic filing, the Comptroller shall consult
with the Governor as to the feasibility of establishing
mutually agreeable technical standards for the electronic
document imaging, storage, and transfer of contracts and
grants, taking into consideration the technology available to
that agency, best practices, and the technological
capabilities of State agencies. Nothing in this amendatory Act
of the 97th General Assembly shall be construed to impede the
implementation of an Enterprise Resource Planning (ERP)
system. For each State contract for supplies or services
awarded on or after July 1, 2010, the contracting agency shall
provide the applicable rate and unit of measurement of the
supplies or services on the contract obligation document as
required by the Comptroller. If the contract obligation
document that is submitted to the Comptroller contains the
rate and unit of measurement of the supplies or services, the
Comptroller shall provide that information on his or her
official website. Any cancellation or modification to any such
contract liability shall be filed with the Comptroller within
30 calendar days of its execution.
    (c) Late filing affidavit. When a contract, purchase
order, grant, or lease required to be filed by this Section has
not been filed within 30 calendar days of execution, the
Comptroller shall refuse to issue a warrant for payment
thereunder until the agency files with the Comptroller the
contract, purchase order, grant, or lease and an affidavit,
signed by the chief executive officer of the agency or his or
her designee, setting forth an explanation of why the contract
liability was not filed within 30 calendar days of execution.
A copy of this affidavit shall be filed with the Auditor
General.
    (d) Timely execution of contracts. Except as set forth in
subsection (b) of this Section, no voucher shall be submitted
to the Comptroller for a warrant to be drawn for the payment of
money from the State treasury or from other funds held by the
State Treasurer on account of any contract unless the contract
is reduced to writing before the services are performed and
filed with the Comptroller. Contractors shall not be paid for
any supplies that were received or services that were rendered
before the contract was reduced to writing and signed by all
necessary parties. A chief procurement officer may approve
request an exception to this subsection by submitting a
written statement to the Comptroller and Treasurer setting
forth the circumstances and reasons why the contract could not
be reduced to writing before the supplies were received or
services were performed. A waiver of this subsection must be
approved by the Comptroller and Treasurer. This Section shall
not apply to emergency purchases if notice of the emergency
purchase is filed with the Procurement Policy Board and
published in the Bulletin as required by this Code.
    (e) Method of source selection. When a contract is filed
with the Comptroller under this Section, the Comptroller's
file shall identify the method of source selection used in
obtaining the contract.
(Source: P.A. 102-291, eff. 8-6-21.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022