101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2039

 

Introduced 2/15/2019, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/20-80

    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

 

SB2039LRB101 10724 RJF 55836 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 20-80 as follows:
 
6    (30 ILCS 500/20-80)
7    Sec. 20-80. Contract files.
8    (a) Written determinations. All written determinations
9required under this Article shall be placed in the contract
10file maintained by the chief procurement officer.
11    (b) Filing with Comptroller. Whenever a grant, defined
12pursuant to accounting standards established by the
13Comptroller, or a contract liability, except for: (1) contracts
14paid from personal services, or (2) contracts between the State
15and its employees to defer compensation in accordance with
16Article 24 of the Illinois Pension Code, exceeding $100,000
17$20,000 is incurred by any State agency, a copy of the
18contract, purchase order, grant, or lease shall be filed with
19the Comptroller within 30 calendar days thereafter. Beginning
20January 1, 2013, the Comptroller may require that contracts and
21grants required to be filed with the Comptroller under this
22Section shall be filed electronically, unless the agency is
23incapable of filing the contract or grant electronically

 

 

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1because it does not possess the necessary technology or
2equipment. Any State agency that is incapable of electronically
3filing its contracts or grants shall submit a written statement
4to the Governor and to the Comptroller attesting to the reasons
5for its inability to comply. This statement shall include a
6discussion of what the State agency needs in order to
7effectively comply with this Section. Prior to requiring
8electronic filing, the Comptroller shall consult with the
9Governor as to the feasibility of establishing mutually
10agreeable technical standards for the electronic document
11imaging, storage, and transfer of contracts and grants, taking
12into consideration the technology available to that agency,
13best practices, and the technological capabilities of State
14agencies. Nothing in this amendatory Act of the 97th General
15Assembly shall be construed to impede the implementation of an
16Enterprise Resource Planning (ERP) system. For each State
17contract for supplies or services awarded on or after July 1,
182010, the contracting agency shall provide the applicable rate
19and unit of measurement of the supplies or services on the
20contract obligation document as required by the Comptroller. If
21the contract obligation document that is submitted to the
22Comptroller contains the rate and unit of measurement of the
23supplies or services, the Comptroller shall provide that
24information on his or her official website. Any cancellation or
25modification to any such contract liability shall be filed with
26the Comptroller within 30 calendar days of its execution.

 

 

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1    (c) Late filing affidavit. When a contract, purchase order,
2grant, or lease required to be filed by this Section has not
3been filed within 30 calendar days of execution, the
4Comptroller shall refuse to issue a warrant for payment
5thereunder until the agency files with the Comptroller the
6contract, purchase order, grant, or lease and an affidavit,
7signed by the chief executive officer of the agency or his or
8her designee, setting forth an explanation of why the contract
9liability was not filed within 30 calendar days of execution. A
10copy of this affidavit shall be filed with the Auditor General.
11    (d) Timely execution of contracts. Except as set forth in
12subsection (b) of this Section, no voucher shall be submitted
13to the Comptroller for a warrant to be drawn for the payment of
14money from the State treasury or from other funds held by the
15State Treasurer on account of any contract unless the contract
16is reduced to writing before the services are performed and
17filed with the Comptroller. Contractors shall not be paid for
18any supplies that were received or services that were rendered
19before the contract was reduced to writing and signed by all
20necessary parties. A chief procurement officer may request an
21exception to this subsection by submitting a written statement
22to the Comptroller and Treasurer setting forth the
23circumstances and reasons why the contract could not be reduced
24to writing before the supplies were received or services were
25performed. A waiver of this subsection must be approved by the
26Comptroller and Treasurer. This Section shall not apply to

 

 

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1emergency purchases if notice of the emergency purchase is
2filed with the Procurement Policy Board and published in the
3Bulletin as required by this Code.
4    (e) Method of source selection. When a contract is filed
5with the Comptroller under this Section, the Comptroller's file
6shall identify the method of source selection used in obtaining
7the contract.
8(Source: P.A. 100-43, eff. 8-9-17.)