State of Illinois
2021 and 2022


Introduced 1/5/2022, by Rep. Mark L. Walker


15 ILCS 405/19.5
15 ILCS 405/23.9
20 ILCS 415/4c  from Ch. 127, par. 63b104c
30 ILCS 500/20-80

    Amends the State Comptroller Act. Makes changes to provisions concerning an annual comprehensive (currently, comprehensive annual) financial report as compiled and published by the Comptroller. Removes a provision requiring the collection of a fee of $15 to cover expenses related to the administration of the State Comptroller Minority Contractor Opportunity Initiative. Amends the Illinois Procurement Code. Exempts grants, among other items, that do not obligate funds held within the State treasury for fiscal year 2022 and thereafter from specified contract filing requirements. Provides that a chief procurement officer may approve (currently, request) an exception to specified contract filing requirements by submitting a written statement to the Comptroller (removes submission to Treasurer requirement) setting forth the circumstances and reasons why the contract could not be reduced to writing before the supplies were received or services were performed. Removes waiver provision. Makes a conforming change. Effective immediately.

LRB102 21912 RJF 31033 b





HB4279LRB102 21912 RJF 31033 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Comptroller Act is amended by
5changing Sections 19.5 and 23.9 as follows:
6    (15 ILCS 405/19.5)
7    Sec. 19.5. Annual Comprehensive Comprehensive Annual
8Financial Report; procedures and reporting.
9    (a) On or before October 31, 2012, and on or before each
10October 31 thereafter, State agencies shall report to the
11Comptroller all financial information deemed necessary by the
12Comptroller to compile and publish an annual comprehensive a
13comprehensive annual financial report using generally accepted
14accounting principles for the fiscal year ending June 30 of
15that year. The Comptroller may require certain State agencies
16to submit the required information before October 31 under a
17schedule established by the Comptroller. If a State agency has
18submitted no or insufficient financial information by October
1931, the Comptroller shall serve a written notice to each
20respective State agency director or secretary about the
21delinquency 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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1the lapse period is not extended past August 31 for the given
2fiscal year, and the Office of the Auditor General has
3completed an audit of the annual comprehensive comprehensive
4annual financial report, then the Comptroller shall publish an
5annual comprehensive a comprehensive annual financial report
6using generally accepted accounting principles for the fiscal
7year ending June 30 of that year by December 31. If the
8information as required by subsection (a) is not provided to
9the Comptroller in time to publish the report by December 31,
10then upon notice from the Comptroller of the delay, each
11respective State agency director or secretary shall report his
12or her State agency's delinquency and provide an action plan
13to bring his or her State agency into compliance to the
14Comptroller, the Auditor General, the Office of the Governor,
15the Speaker and Minority Leader of the House of
16Representatives, and the President and Minority Leader of the
17Senate. Upon receiving that report from a State agency
18director or secretary, the Comptroller shall post that report
19with the action plan on his or her official website.
20    (c) If an annual comprehensive a comprehensive annual
21financial report using generally accepted accounting
22principles cannot be published by December 31 due to
23insufficient or inadequate reporting to the Comptroller, the
24lapse period is extended past August 31 for the given fiscal
25year, or the Office of the Auditor General has not completed an
26audit of the annual comprehensive comprehensive annual



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1financial report, then the Comptroller may issue interim
2reports containing financial information made available by
3reporting State agencies until an audit opinion is issued by
4the Auditor General on the annual comprehensive comprehensive
5annual financial report.
6(Source: P.A. 102-291, eff. 8-6-21.)
7    (15 ILCS 405/23.9)
8    Sec. 23.9. Minority Contractor Opportunity Initiative. The
9State Comptroller Minority Contractor Opportunity Initiative
10is created to provide greater opportunities for minority-owned
11businesses, women-owned businesses, businesses owned by
12persons with disabilities, and small businesses with 20 or
13fewer employees in this State to participate in the State
14procurement process. The initiative shall be administered by
15the Comptroller. Under this initiative, the Comptroller is
16responsible for the following: (i) outreach to minority-owned
17businesses, women-owned businesses, businesses owned by
18persons with disabilities, and small businesses capable of
19providing services to the State; (ii) education of
20minority-owned businesses, women-owned businesses, businesses
21owned by persons with disabilities, and small businesses
22concerning State contracting and procurement; (iii)
23notification of minority-owned businesses, women-owned
24businesses, businesses owned by persons with disabilities, and
25small businesses of State contracting opportunities; and (iv)



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1maintenance of an online database of State contracts that
2identifies the contracts awarded to minority-owned businesses,
3women-owned businesses, businesses owned by persons with
4disabilities, and small businesses that includes the total
5amount paid by State agencies to contractors and the
6percentage paid to minority-owned businesses, women-owned
7businesses, businesses owned by persons with disabilities, and
8small businesses.
9    The Business Enterprise Council created under Section 5 of
10the Business Enterprise for Minorities, Women, and Persons
11with Disabilities Act shall provide the Comptroller with
12names, Federal Employer Identification Numbers, and
13designations of Business Enterprise Program certified vendors
14to fulfill the Comptroller's responsibilities under this
15Section, including, but not limited to, identification of
16minority-owned businesses, women-owned businesses, and
17businesses owned by persons with disabilities.
18    The Comptroller shall annually prepare and submit a report
19to the Governor and the General Assembly concerning the
20progress of this initiative including the following
21information for the preceding fiscal year: (i) a statement of
22the total amounts paid by each executive branch agency to
23contractors since the previous report; (ii) the percentage of
24the amounts that were paid to minority-owned businesses,
25women-owned businesses, businesses owned by persons with
26disabilities, and small businesses; (iii) the successes



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1achieved and the challenges faced by the Comptroller in
2operating outreach programs for minorities, women, persons
3with disabilities, and small businesses; (iv) the challenges
4each executive branch agency may face in hiring qualified
5minority, woman, and small business employees and employees
6with disabilities and contracting with qualified
7minority-owned businesses, women-owned businesses, businesses
8owned by persons with disabilities, and small businesses; and
9(v) any other information, findings, conclusions, and
10recommendations for legislative or agency action, as the
11Comptroller deems appropriate.
12    On and after the effective date of this amendatory Act of
13the 97th General Assembly, any bidder or offeror awarded a
14contract of $1,000 or more under Section 20-10, 20-15, 20-25,
15or 20-30 of the Illinois Procurement Code is required to pay a
16fee of $15 to cover expenses related to the administration of
17this Section. The Comptroller shall deduct the fee from the
18first check issued to the vendor under the contract and
19deposit the fee into the Comptroller's Administrative Fund.
20Contracts administered for statewide orders placed by agencies
21(commonly referred to as "statewide master contracts") are
22exempt from this fee.
23    Each Chief Procurement Officer shall provide the
24Comptroller with names and Federal Employer Identification
25Numbers of vendors registered in the Illinois Small Business
26Set Aside Program to aid the Comptroller in fulfilling his or



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1her responsibilities under this Section.
2(Source: P.A. 99-143, eff. 7-27-15; 100-391, eff. 8-25-17;
3100-801, eff. 8-10-18.)
4    Section 10. The Personnel Code is amended by changing
5Section 4c as follows:
6    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
7    Sec. 4c. General exemptions. The following positions in
8State service shall be exempt from jurisdictions A, B, and C,
9unless the jurisdictions shall be extended as provided in this
11        (1) All officers elected by the people.
12        (2) All positions under the Lieutenant Governor,
13    Secretary of State, State Treasurer, State Comptroller,
14    State Board of Education, Clerk of the Supreme Court,
15    Attorney General, and State Board of Elections.
16        (3) Judges, and officers and employees of the courts,
17    and notaries public.
18        (4) All officers and employees of the Illinois General
19    Assembly, all employees of legislative commissions, all
20    officers and employees of the Illinois Legislative
21    Reference Bureau and the Legislative Printing Unit.
22        (5) All positions in the Illinois National Guard and
23    Illinois State Guard, paid from federal funds or positions
24    in the State Military Service filled by enlistment and



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1    paid from State funds.
2        (6) All employees of the Governor at the executive
3    mansion and on his immediate personal staff.
4        (7) Directors of Departments, the Adjutant General,
5    the Assistant Adjutant General, the Director of the
6    Illinois Emergency Management Agency, members of boards
7    and commissions, and all other positions appointed by the
8    Governor by and with the consent of the Senate.
9        (8) The presidents, other principal administrative
10    officers, and teaching, research and extension faculties
11    of Chicago State University, Eastern Illinois University,
12    Governors State University, Illinois State University,
13    Northeastern Illinois University, Northern Illinois
14    University, Western Illinois University, the Illinois
15    Community College Board, Southern Illinois University,
16    Illinois Board of Higher Education, University of
17    Illinois, State Universities Civil Service System,
18    University Retirement System of Illinois, and the
19    administrative officers and scientific and technical staff
20    of the Illinois State Museum.
21        (9) All other employees except the presidents, other
22    principal administrative officers, and teaching, research
23    and extension faculties of the universities under the
24    jurisdiction of the Board of Regents and the colleges and
25    universities under the jurisdiction of the Board of
26    Governors of State Colleges and Universities, Illinois



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1    Community College Board, Southern Illinois University,
2    Illinois Board of Higher Education, Board of Governors of
3    State Colleges and Universities, the Board of Regents,
4    University of Illinois, State Universities Civil Service
5    System, University Retirement System of Illinois, so long
6    as these are subject to the provisions of the State
7    Universities Civil Service Act.
8        (10) The Illinois State Police so long as they are
9    subject to the merit provisions of the Illinois State
10    Police Act. Employees of the Illinois State Police Merit
11    Board are subject to the provisions of this Code.
12        (11) (Blank).
13        (12) The technical and engineering staffs of the
14    Department of Transportation, the Department of Nuclear
15    Safety, the Pollution Control Board, and the Illinois
16    Commerce Commission, and the technical and engineering
17    staff providing architectural and engineering services in
18    the Department of Central Management Services.
19        (13) All employees of the Illinois State Toll Highway
20    Authority.
21        (14) The Secretary of the Illinois Workers'
22    Compensation Commission.
23        (15) All persons who are appointed or employed by the
24    Director of Insurance under authority of Section 202 of
25    the Illinois Insurance Code to assist the Director of
26    Insurance in discharging his responsibilities relating to



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1    the rehabilitation, liquidation, conservation, and
2    dissolution of companies that are subject to the
3    jurisdiction of the Illinois Insurance Code.
4        (16) All employees of the St. Louis Metropolitan Area
5    Airport Authority.
6        (17) All investment officers employed by the Illinois
7    State Board of Investment.
8        (18) Employees of the Illinois Young Adult
9    Conservation Corps program, administered by the Illinois
10    Department of Natural Resources, authorized grantee under
11    Title VIII of the Comprehensive Employment and Training
12    Act of 1973, 29 U.S.C. USC 993.
13        (19) Seasonal employees of the Department of
14    Agriculture for the operation of the Illinois State Fair
15    and the DuQuoin State Fair, no one person receiving more
16    than 29 days of such employment in any calendar year.
17        (20) All "temporary" employees hired under the
18    Department of Natural Resources' Illinois Conservation
19    Service, a youth employment program that hires young
20    people to work in State parks for a period of one year or
21    less.
22        (21) All hearing officers of the Human Rights
23    Commission.
24        (22) All employees of the Illinois Mathematics and
25    Science Academy.
26        (23) All employees of the Kankakee River Valley Area



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1    Airport Authority.
2        (24) The commissioners and employees of the Executive
3    Ethics Commission.
4        (25) The Executive Inspectors General, including
5    special Executive Inspectors General, and employees of
6    each Office of an Executive Inspector General.
7        (26) The commissioners and employees of the
8    Legislative Ethics Commission.
9        (27) The Legislative Inspector General, including
10    special Legislative Inspectors General, and employees of
11    the Office of the Legislative Inspector General.
12        (28) The Auditor General's Inspector General and
13    employees of the Office of the Auditor General's Inspector
14    General.
15        (29) All employees of the Illinois Power Agency.
16        (30) Employees having demonstrable, defined advanced
17    skills in accounting, financial reporting, or technical
18    expertise who are employed within executive branch
19    agencies and whose duties are directly related to the
20    submission to the Office of the Comptroller of financial
21    information for the publication of the Annual
22    Comprehensive Comprehensive Annual Financial Report.
23        (31) All employees of the Illinois Sentencing Policy
24    Advisory Council.
25(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
26102-538, eff. 8-20-21; revised 10-5-21.)



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1    Section 15. The Illinois Procurement Code is amended by
2changing Section 20-80 as follows:
3    (30 ILCS 500/20-80)
4    Sec. 20-80. Contract files.
5    (a) Written determinations. All written determinations
6required under this Article shall be placed in the contract
7file maintained by the chief procurement officer.
8    (b) Filing with Comptroller. Whenever a grant, defined
9pursuant to accounting standards established by the
10Comptroller, or a contract liability, except for: (1)
11contracts paid from personal services, (2) contracts between
12the State and its employees to defer compensation in
13accordance with Article 24 of the Illinois Pension Code, or
14(3) contracts or grants that do not obligate funds held within
15the State treasury for fiscal year 2022 and thereafter,
16exceeding $20,000 is incurred by any State agency, a copy of
17the contract, purchase order, grant, or lease shall be filed
18with the Comptroller within 30 calendar days thereafter.
19Beginning in fiscal year 2022, information pertaining to
20contracts exceeding $20,000 that do not obligate funds held
21within the State treasury shall be submitted in a quarterly
22report to the Comptroller in a form and manner prescribed by
23the Comptroller. The Comptroller shall make the quarterly
24report available on his or her website. Beginning January 1,



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12013, the Comptroller may require that contracts and grants
2required to be filed with the Comptroller under this Section
3shall be filed electronically, unless the agency is incapable
4of filing the contract or grant electronically because it does
5not possess the necessary technology or equipment. Any State
6agency that is incapable of electronically filing its
7contracts or grants shall submit a written statement to the
8Governor and to the Comptroller attesting to the reasons for
9its inability to comply. This statement shall include a
10discussion of what the State agency needs in order to
11effectively comply with this Section. Prior to requiring
12electronic filing, the Comptroller shall consult with the
13Governor as to the feasibility of establishing mutually
14agreeable technical standards for the electronic document
15imaging, storage, and transfer of contracts and grants, taking
16into consideration the technology available to that agency,
17best practices, and the technological capabilities of State
18agencies. Nothing in this amendatory Act of the 97th General
19Assembly shall be construed to impede the implementation of an
20Enterprise Resource Planning (ERP) system. For each State
21contract for supplies or services awarded on or after July 1,
222010, the contracting agency shall provide the applicable rate
23and unit of measurement of the supplies or services on the
24contract obligation document as required by the Comptroller.
25If the contract obligation document that is submitted to the
26Comptroller contains the rate and unit of measurement of the



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



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1written statement to the Comptroller and Treasurer setting
2forth the circumstances and reasons why the contract could not
3be reduced to writing before the supplies were received or
4services were performed. A waiver of this subsection must be
5approved by the Comptroller and Treasurer. This Section shall
6not apply to emergency purchases if notice of the emergency
7purchase is filed with the Procurement Policy Board and
8published in the Bulletin as required by this Code.
9    (e) Method of source selection. When a contract is filed
10with the Comptroller under this Section, the Comptroller's
11file shall identify the method of source selection used in
12obtaining the contract.
13(Source: P.A. 102-291, eff. 8-6-21.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.