Full Text of SB2039 101st General Assembly
SB2039 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2039 Introduced 2/15/2019, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Provides that whenever a grant or a contract liability exceeding $100,000 (currently, $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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 20-80 as follows:
| 6 | | (30 ILCS 500/20-80)
| 7 | | Sec. 20-80. Contract files.
| 8 | | (a) Written determinations. All written determinations
| 9 | | required under this Article shall
be placed in the contract | 10 | | file maintained by the chief procurement officer.
| 11 | | (b) Filing with Comptroller. Whenever a grant, defined | 12 | | pursuant to
accounting standards established by the | 13 | | Comptroller, or a contract
liability,
except for:
(1) contracts | 14 | | paid
from personal services, or
(2) contracts between the State | 15 | | and its
employees to defer
compensation in accordance with | 16 | | Article 24 of the Illinois Pension Code,
exceeding $100,000 | 17 | | $20,000 is incurred by any
State agency, a copy of the | 18 | | contract, purchase order, grant, or
lease shall be filed with | 19 | | the
Comptroller within 30 calendar days thereafter. Beginning | 20 | | January 1, 2013, the Comptroller may require that contracts and | 21 | | grants required to be filed with the Comptroller under this | 22 | | Section shall be filed electronically, unless the agency is | 23 | | incapable of filing the contract or grant electronically |
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| 1 | | because it does not possess the necessary technology or | 2 | | equipment. Any State agency that is incapable of electronically | 3 | | filing its contracts or grants shall submit a written statement | 4 | | to the Governor and to the Comptroller attesting to the reasons | 5 | | for its inability to comply. This statement shall include a | 6 | | discussion of what the State agency needs in order to | 7 | | effectively comply with this Section. Prior to requiring | 8 | | electronic filing, the Comptroller shall consult with the | 9 | | Governor as to the feasibility of establishing mutually | 10 | | agreeable technical standards for the electronic document | 11 | | imaging, storage, and transfer of contracts and grants, taking | 12 | | into consideration the technology available to that agency, | 13 | | best practices, and the technological capabilities of State | 14 | | agencies. Nothing in this amendatory Act of the 97th General | 15 | | Assembly shall be construed to impede the implementation of an | 16 | | Enterprise Resource Planning (ERP) system. For each State | 17 | | contract for supplies or services awarded on or after July 1, | 18 | | 2010, the contracting agency shall provide the applicable rate | 19 | | and unit of measurement of the supplies or services on the | 20 | | contract obligation document as required by the Comptroller. If | 21 | | the contract obligation document that is submitted to the | 22 | | Comptroller contains the rate and unit of measurement of the | 23 | | supplies or services, the Comptroller shall provide that | 24 | | information on his or her official website. Any cancellation or
| 25 | | modification to any such contract
liability shall be filed with | 26 | | the Comptroller within 30 calendar days of
its execution.
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| 1 | | (c) Late filing affidavit. When a contract, purchase order, | 2 | | grant,
or lease required to be
filed by this Section has not | 3 | | been filed within 30 calendar days of
execution, the | 4 | | Comptroller shall refuse
to issue a warrant for payment | 5 | | thereunder until the agency files
with the Comptroller the
| 6 | | contract, purchase order, grant, or lease and an affidavit, | 7 | | signed by the
chief executive officer of the
agency or his or | 8 | | her designee, setting forth an explanation of why
the contract | 9 | | liability was not
filed within 30 calendar days of execution. A | 10 | | copy of this affidavit shall
be filed with the Auditor
General.
| 11 | | (d) Timely execution of contracts. Except as set forth in | 12 | | subsection (b) of this Section, no
voucher shall be submitted | 13 | | to the
Comptroller for a warrant to be drawn for the payment of | 14 | | money
from the State treasury or from
other funds held by the | 15 | | State Treasurer on account of any contract unless the
contract | 16 | | is reduced to writing
before the services are performed and | 17 | | filed with the Comptroller. Contractors shall not be paid for | 18 | | any supplies that were received or services that were rendered | 19 | | before the contract was reduced to writing and signed by all | 20 | | necessary parties. A chief procurement officer may request an | 21 | | exception to this subsection by submitting a written statement | 22 | | to the Comptroller and Treasurer setting forth the | 23 | | circumstances and reasons why the contract could not be reduced | 24 | | to writing before the supplies were received or services were | 25 | | performed. A waiver of this subsection must be approved by the | 26 | | Comptroller and Treasurer. This Section shall not apply to |
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| 1 | | emergency purchases if notice of the emergency purchase is | 2 | | filed with the Procurement Policy Board and published in the | 3 | | Bulletin as required by this Code.
| 4 | | (e) Method of source selection. When a contract is filed
| 5 | | with the Comptroller under this
Section, the Comptroller's file | 6 | | shall identify the method of
source selection used in obtaining | 7 | | the
contract.
| 8 | | (Source: P.A. 100-43, eff. 8-9-17.)
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