Full Text of SB2952 93rd General Assembly
SB2952 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2952
Introduced 2/6/2004, by Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/9.02 |
from Ch. 127, par. 145c |
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Amends the State Finance Act. Creates the Private Attorney Retention Sunshine Law within the Act. Prohibits the State Comptroller from authorizing payments under State contracts for legal services unless the awarding entity certifies that copies of the contract were filed with the Secretary of the Senate and the Clerk of the House of Representatives for distribution to General Assembly members. Limits the certification and filing requirements to contracts (i) of $500,000 or more or of a contingent nature; (ii) awarded by executive branch constitutional officers, Code departments, and executive branch boards, commissions, and authorities; and (iii) procured other than through a competitive request for proposals method. Imposes specified limits on contingent fees. Effective July 1, 2004.
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A BILL FOR
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SB2952 |
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LRB093 21082 JAM 47126 b |
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| AN ACT concerning State contracts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 9.02 as follows:
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| (30 ILCS 105/9.02) (from Ch. 127, par. 145c)
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| Sec. 9.02. Vouchers; signature; delegation; electronic | 8 |
| submission.
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| (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, and | 16 |
| shall also be signed or approved in
writing by
the agency's | 17 |
| chief legal counsel and chief fiscal
officer. If the agency | 18 |
| does not have a chief legal counsel or a chief fiscal
officer, | 19 |
| the chief
executive officer of the agency shall designate in | 20 |
| writing a senior executive
as the individual responsible for | 21 |
| signature or approval.
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| (2) No document identified in paragraph (1) may be filed | 23 |
| with the
Comptroller, nor may any authorization for payment | 24 |
| pursuant to such documents
be filed with the Comptroller, if | 25 |
| the required signatures or approvals are
lacking.
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| (3) Any person who, with knowledge the signatures or | 27 |
| approvals required in
paragraph (1) are lacking, either files | 28 |
| or directs another to file documents
or
payment authorizations | 29 |
| in violation of paragraph (2) shall be subject to
discipline up | 30 |
| to and including discharge.
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| (4) Procurements shall not be artificially divided so as to | 32 |
| avoid the
necessity of complying with paragraph (1).
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SB2952 |
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LRB093 21082 JAM 47126 b |
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| (5) Each State agency shall develop and implement | 2 |
| procedures to ensure the
necessary signatures or approvals are | 3 |
| obtained. Each State agency may
establish, maintain and follow | 4 |
| procedures that are more restrictive than
those required | 5 |
| herein.
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| (6) This subsection (a) applies to all State agencies as | 7 |
| defined in Section
1-7 of the Illinois State Auditing
Act, | 8 |
| which includes without limitation the General
Assembly and its
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| agencies. For purposes of this subsection (a), in the case of | 10 |
| the General
Assembly,
the "chief executive officer of the | 11 |
| agency" means (i) the Senate
Operations
Commission for Senate | 12 |
| general operations as provided in Section 4 of the
General | 13 |
| Assembly
Operations Act, (ii) the Speaker of the House of | 14 |
| Representatives for House
general operations as
provided in | 15 |
| Section 5 of the General Assembly Operations Act, (iii) the | 16 |
| Speaker
of the House for majority leadership staff and | 17 |
| operations, (iv) the Minority
Leader of the House for minority | 18 |
| leadership staff and operations, (v) the
President of the | 19 |
| Senate for majority leadership staff and operations, (vi) the
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| Minority Leader of the Senate for minority staff and | 21 |
| operations, and (vii) the
Joint
Committee on Legislative | 22 |
| Support Services for the legislative support services
agencies | 23 |
| as provided in the Legislative Commission Reorganization Act of
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| 1984.
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| (b)(1) Every voucher, as submitted by the agency or office | 26 |
| in
which
it originates, shall bear (i) the signature of the | 27 |
| officer
responsible for
approving and certifying vouchers | 28 |
| under this Act and (ii) if
authority to
sign the responsible | 29 |
| officer's name has been properly delegated, also the
signature | 30 |
| of the person actually signing the voucher.
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| (2) When an officer delegates authority to approve and | 32 |
| certify
vouchers,
he shall send a copy of such authorization | 33 |
| containing the signature of the
person to whom delegation is | 34 |
| made to each office that checks or approves
such vouchers and | 35 |
| to the State Comptroller. Such delegation may be general
or | 36 |
| limited. If the delegation is limited, the authorization shall |
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| designate
the particular types of vouchers that the person is | 2 |
| authorized to approve
and certify.
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| (3) When any delegation of authority hereunder is revoked, | 4 |
| a copy of the
revocation of authority shall be sent to the | 5 |
| Comptroller and to each office
to which a copy of the | 6 |
| authorization was sent.
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| The Comptroller may require State agencies to maintain | 8 |
| signature
documents and records of delegations of voucher | 9 |
| signature authority and
revocations of those delegations, | 10 |
| instead of transmitting those documents to
the Comptroller. The | 11 |
| Comptroller may inspect such documents and records at any
time.
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| (c) The Comptroller may authorize the submission of | 13 |
| vouchers through
electronic transmissions, on magnetic tape, | 14 |
| or otherwise.
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| (d) This subsection may be cited as the Private Attorney | 16 |
| Retention Sunshine Law and applies to each contract for legal | 17 |
| services awarded on or after the effective date of this | 18 |
| amendatory Act of the 93rd General Assembly by an executive | 19 |
| branch constitutional officer, a State agency listed in Section | 20 |
| 5-15 of the Civil Administrative Code of Illinois, or an | 21 |
| executive branch board, commission, or authority authorized or | 22 |
| created by State law or executive order of the Governor that | 23 |
| (i) is reasonably expected to result in fees of $500,000 or | 24 |
| more or is a contingency contract and (ii) was awarded through | 25 |
| a selection method other than the competitive request for | 26 |
| proposals method required by Section 35-30 of the Illinois | 27 |
| Procurement Code or by the rules adopted under subsection (a) | 28 |
| of Section 1-30 of that Code. | 29 |
| Each officer, agency, board, commission, or authority that | 30 |
| awards a contract subject to this subsection must promptly file | 31 |
| with the Secretary of the Senate and the Clerk of the House of | 32 |
| Representatives copies of that contract. The Secretary of the | 33 |
| Senate and the Clerk of the House of Representatives shall | 34 |
| distribute copies of each contract to the members of the Senate | 35 |
| and the House of Representatives, respectively. | 36 |
| The Comptroller may not authorize payment under a contract |
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| subject to this subsection unless the executive branch | 2 |
| constitutional officer or the chief executive officer of the | 3 |
| agency, board, commission, or authority that awarded the | 4 |
| contract certifies to the Comptroller that copies of the | 5 |
| contract have been filed with the Secretary of the Senate and | 6 |
| the Clerk of the House of Representatives. The Comptroller by | 7 |
| rule shall provide for the manner and time of the | 8 |
| certification. | 9 |
| When a contract is on a contingent fee basis, the State | 10 |
| shall receive from counsel a statement of the hours worked on | 11 |
| the case, expenses incurred, the aggregate fee amount, and a | 12 |
| breakdown as to the hourly rate, based on hours worked divided | 13 |
| into fees recovered, less expenses. In no case shall the State | 14 |
| incur fees and expenses in excess of $1,000 per hour for legal | 15 |
| services. In cases where a disclosure submitted in accordance | 16 |
| with this paragraph of this subsection indicates an hourly rate | 17 |
| in excess of $1,000 per hour, the fee amount shall be reduced | 18 |
| to an amount equivalent to $1,000 per hour. | 19 |
| As used in this subsection, "executive branch | 20 |
| constitutional officer" means the Governor, Lieutenant | 21 |
| Governor, Attorney General, Secretary of State, State | 22 |
| Comptroller, and State Treasurer. | 23 |
| (Source: P.A. 89-360, eff. 8-17-95; 90-452, eff. 8-16-97.)
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| Section 99. Effective date. This Act takes effect July 1, | 25 |
| 2004.
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