Public Act 90-0452 of the 90th General Assembly
Public Act 90-0452
SB777 Enrolled LRB9003327DNsb
AN ACT to amend the State Finance Act by changing Section
9.02.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 9.02 as follows:
(30 ILCS 105/9.02) (from Ch. 127, par. 145c)
Sec. 9.02. Vouchers; signature; delegation; electronic
submission.
(a)(1) Any new contract or contract renewal in the
amount of $250,000 or more in a fiscal year, or any order
against a master contract in the amount of $250,000 or more
in a fiscal year, or any contract amendment or change to an
existing contract that increases the value of the contract to
or by $250,000 or more in a fiscal year, shall be signed or
approved in writing by the chief executive officer of the
agency, and shall also be signed or approved in writing by
the agency's chief legal counsel and chief fiscal officer.
If the agency does not have a chief legal counsel or a chief
fiscal officer, the chief executive officer of the agency
shall designate in writing a senior executive as the
individual responsible for signature or approval.
(2) No document identified in paragraph (1) may be filed
with the Comptroller, nor may any authorization for payment
pursuant to such documents be filed with the Comptroller, if
the required signatures or approvals are lacking.
(3) Any person who, with knowledge the signatures or
approvals required in paragraph (1) are lacking, either files
or directs another to file documents or payment
authorizations in violation of paragraph (2) shall be subject
to discipline up to and including discharge.
(4) Procurements shall not be artificially divided so as
to avoid the necessity of complying with paragraph (1).
(5) Each State agency shall develop and implement
procedures to ensure the necessary signatures or approvals
are obtained. Each State agency may establish, maintain and
follow procedures that are more restrictive than those
required herein.
(6) This subsection (a) applies to all State agencies as
defined in Section 1-7 of the Illinois State Auditing Act,
which includes without limitation the General Assembly and
its agencies. For purposes of this subsection (a), in the
case of the General Assembly, the "chief executive officer of
the agency" means (i) the Senate Operations Commission for
Senate general operations as provided in Section 4 of the
General Assembly Operations Act, (ii) the Speaker of the
House of Representatives for House general operations as
provided in Section 5 of the General Assembly Operations Act,
(iii) the Speaker of the House for majority leadership staff
and operations, (iv) the Minority Leader of the House for
minority leadership staff and operations, (v) the President
of the Senate for majority leadership staff and operations,
(vi) the Minority Leader of the Senate for minority staff and
operations, and (vii) the Joint Committee on Legislative
Support Services for the legislative support services
agencies as provided in the Legislative Commission
Reorganization Act of 1984.
(b)(1) (a) Every voucher, as submitted by the agency or
office in which it originates, shall bear (i) (1) the
signature of the officer responsible for approving and
certifying vouchers under this Act and (ii) (2) if authority
to sign the responsible officer's name has been properly
delegated, also the signature of the person actually signing
the voucher.
(2) (b) When an officer delegates authority to approve
and certify vouchers, he shall send a copy of such
authorization containing the signature of the person to whom
delegation is made to each office that checks or approves
such vouchers and to the State Comptroller. Such delegation
may be general or limited. If the delegation is limited, the
authorization shall designate the particular types of
vouchers that the person is authorized to approve and
certify.
(3) When any delegation of authority hereunder is
revoked, a copy of the revocation of authority shall be sent
to the Comptroller and to each office to which a copy of the
authorization was sent.
The Comptroller may require State agencies to maintain
signature documents and records of delegations of voucher
signature authority and revocations of those delegations,
instead of transmitting those documents to the Comptroller.
The Comptroller may inspect such documents and records at any
time.
(c) The Comptroller may authorize the submission of
vouchers through electronic transmissions, on magnetic tape,
or otherwise.
(Source: P.A. 89-360, eff. 8-17-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.