Full Text of SB1902 101st General Assembly
SB1902 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1902 Introduced 2/15/2019, by Sen. Chuck Weaver SYNOPSIS AS INTRODUCED: |
| 30 ILCS 105/9.02 | from Ch. 127, par. 145c |
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Amends the State Finance Act. Modifies a Section concerning vouchers, signatures, delegation, and electronic submission. Allows for the signature of specified documents by designees of specified officers of a State agency. Provides that any new contract or contract renewal shall bear the signature of the officer responsible for approving the contract, unless the authority is delegated and the designee is signing on behalf of one of the signatories. Provides that if the authority has been properly delegated, the required signature shall contain both the responsible officer as well as the designee's name. Provides that when an officer delegates authority to approve contracts, he or she shall send a copy of such authorization containing the signature of the person to whom delegation is made to the State Comptroller. Provides that when any delegation of authority is revoked, a copy of the revocation of authority shall be sent to the Comptroller. Provides that the Comptroller may require State agencies to maintain signature documents and records of delegations of contract signature authority and revocations of those delegations, instead of transmitting those documents to the Comptroller. Provides that the Comptroller may inspect such documents and records at any time. Defines terms. Effective immediately.
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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 State Finance Act is amended by changing | 5 | | Section 9.02 as follows:
| 6 | | (30 ILCS 105/9.02) (from Ch. 127, par. 145c)
| 7 | | Sec. 9.02. Vouchers; signature; delegation; electronic | 8 | | submission.
| 9 | | (a)(1) Any new contract or contract renewal in the amount | 10 | | of $250,000 or
more in a fiscal year, or any order against a | 11 | | master contract in the amount of
$250,000 or more in a fiscal | 12 | | year, or any contract amendment or change to an
existing | 13 | | contract that increases the value of the contract to or by | 14 | | $250,000 or
more in a fiscal year, shall be signed or approved | 15 | | in writing by the chief
executive officer of the agency or his | 16 | | or her designee , and shall also be signed or approved in
| 17 | | writing by
the agency's chief legal counsel or his or her | 18 | | designee and chief fiscal
officer or his or her designee . If | 19 | | the agency does not have a chief legal counsel or a chief | 20 | | fiscal
officer, the chief
executive officer of the agency shall | 21 | | designate in writing a senior executive
as the individual | 22 | | responsible for signature or approval.
| 23 | | (1.1) Any new contract or contract renewal shall bear the |
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| 1 | | signature of the officer responsible for approving the contract | 2 | | under this Act, unless the authority is delegated and the | 3 | | designee is signing on behalf of one of the signatories. If the | 4 | | authority has been properly delegated, the required signature | 5 | | shall contain both the responsible officer as well as the | 6 | | designee's name. | 7 | | (1.2) When an officer delegates authority to approve | 8 | | contracts, he or she shall send a copy of such authorization | 9 | | containing the signature of the person to whom delegation is | 10 | | made to the State Comptroller. | 11 | | (1.3) When any delegation of authority is hereunder | 12 | | revoked, a copy of the revocation of authority shall be sent to | 13 | | the Comptroller. | 14 | | (1.4) The Comptroller may require State agencies to | 15 | | maintain signature documents and records of delegations of | 16 | | contract signature authority and revocations of those | 17 | | delegations, instead of transmitting those documents to the | 18 | | Comptroller. The Comptroller may inspect such documents and | 19 | | records at any time. | 20 | | (2) No document identified in paragraph (1) may be filed | 21 | | with the
Comptroller, nor may any authorization for payment | 22 | | pursuant to such documents
be filed with the Comptroller, if | 23 | | the required signatures or approvals are
lacking.
| 24 | | (3) Any person who, with knowledge the signatures or | 25 | | approvals required in
paragraph (1) are lacking, either files | 26 | | or directs another to file documents
or
payment authorizations |
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| 1 | | in violation of paragraph (2) shall be subject to
discipline up | 2 | | to and including discharge.
| 3 | | (4) Procurements shall not be artificially divided so as to | 4 | | avoid the
necessity of complying with paragraph (1).
| 5 | | (5) Each State agency shall develop and implement | 6 | | procedures to ensure the
necessary signatures or approvals are | 7 | | obtained. Each State agency may
establish, maintain and follow | 8 | | procedures that are more restrictive than
those required | 9 | | herein.
| 10 | | (6) This subsection (a) applies to all State agencies as | 11 | | defined in Section
1-7 of the Illinois State Auditing
Act, | 12 | | which includes without limitation the General
Assembly and its
| 13 | | agencies. For purposes of this subsection (a), in the case of | 14 | | the General
Assembly,
the "chief executive officer of the | 15 | | agency" means (i) the Senate
Operations
Commission for Senate | 16 | | general operations as provided in Section 4 of the
General | 17 | | Assembly
Operations Act, (ii) the Speaker of the House of | 18 | | Representatives for House
general operations as
provided in | 19 | | Section 5 of the General Assembly Operations Act, (iii) the | 20 | | Speaker
of the House for majority leadership staff and | 21 | | operations, (iv) the Minority
Leader of the House for minority | 22 | | leadership staff and operations, (v) the
President of the | 23 | | Senate for majority leadership staff and operations, (vi) the
| 24 | | Minority Leader of the Senate for minority staff and | 25 | | operations, and (vii) the
Joint
Committee on Legislative | 26 | | Support Services for the legislative support services
agencies |
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| 1 | | as provided in the Legislative Commission Reorganization Act of
| 2 | | 1984. For purposes of this subsection (a), in the case of | 3 | | agencies, the "chief executive officer of the agency" means the | 4 | | head of the agency.
| 5 | | (b)(1) Every voucher, as submitted by the agency or office | 6 | | in
which
it originates, shall bear (i) the signature of the | 7 | | officer
responsible for
approving and certifying vouchers | 8 | | under this Act and (ii) if
authority to
sign the responsible | 9 | | officer's name has been properly delegated, also the
signature | 10 | | of the person actually signing the voucher.
| 11 | | (2) When an officer delegates authority to approve and | 12 | | certify
vouchers,
he shall send a copy of such authorization | 13 | | containing the signature of the
person to whom delegation is | 14 | | made to each office that checks or approves
such vouchers and | 15 | | to the State Comptroller. Such delegation may be general
or | 16 | | limited. If the delegation is limited, the authorization shall | 17 | | designate
the particular types of vouchers that the person is | 18 | | authorized to approve
and certify.
| 19 | | (3) When any delegation of authority hereunder is revoked, | 20 | | a copy of the
revocation of authority shall be sent to the | 21 | | Comptroller and to each office
to which a copy of the | 22 | | authorization was sent.
| 23 | | The Comptroller may require State agencies to maintain | 24 | | signature
documents and records of delegations of voucher | 25 | | signature authority and
revocations of those delegations, | 26 | | instead of transmitting those documents to
the Comptroller. The |
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| 1 | | Comptroller may inspect such documents and records at any
time.
| 2 | | (c) The Comptroller may authorize the submission of | 3 | | vouchers through
electronic transmissions, on magnetic tape, | 4 | | or otherwise.
| 5 | | (Source: P.A. 89-360, eff. 8-17-95; 90-452, eff. 8-16-97.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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