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.