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

    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.


LRB101 10050 RJF 55152 b

 

 

A BILL FOR

 

SB1902LRB101 10050 RJF 55152 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 State Finance Act is amended by changing
5Section 9.02 as follows:
 
6    (30 ILCS 105/9.02)  (from Ch. 127, par. 145c)
7    Sec. 9.02. Vouchers; signature; delegation; electronic
8submission.
9    (a)(1) Any new contract or contract renewal in the amount
10of $250,000 or more in a fiscal year, or any order against a
11master contract in the amount of $250,000 or more in a fiscal
12year, or any contract amendment or change to an existing
13contract that increases the value of the contract to or by
14$250,000 or more in a fiscal year, shall be signed or approved
15in writing by the chief executive officer of the agency or his
16or her designee, and shall also be signed or approved in
17writing by the agency's chief legal counsel or his or her
18designee and chief fiscal officer or his or her designee. If
19the agency does not have a chief legal counsel or a chief
20fiscal officer, the chief executive officer of the agency shall
21designate in writing a senior executive as the individual
22responsible for signature or approval.
23    (1.1) Any new contract or contract renewal shall bear the

 

 

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1signature of the officer responsible for approving the contract
2under this Act, unless the authority is delegated and the
3designee is signing on behalf of one of the signatories. If the
4authority has been properly delegated, the required signature
5shall contain both the responsible officer as well as the
6designee's name.
7    (1.2) When an officer delegates authority to approve
8contracts, he or she shall send a copy of such authorization
9containing the signature of the person to whom delegation is
10made to the State Comptroller.
11    (1.3) When any delegation of authority is hereunder
12revoked, a copy of the revocation of authority shall be sent to
13the Comptroller.
14    (1.4) The Comptroller may require State agencies to
15maintain signature documents and records of delegations of
16contract signature authority and revocations of those
17delegations, instead of transmitting those documents to the
18Comptroller. The Comptroller may inspect such documents and
19records at any time.
20    (2) No document identified in paragraph (1) may be filed
21with the Comptroller, nor may any authorization for payment
22pursuant to such documents be filed with the Comptroller, if
23the required signatures or approvals are lacking.
24    (3) Any person who, with knowledge the signatures or
25approvals required in paragraph (1) are lacking, either files
26or directs another to file documents or payment authorizations

 

 

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1in violation of paragraph (2) shall be subject to discipline up
2to and including discharge.
3    (4) Procurements shall not be artificially divided so as to
4avoid the necessity of complying with paragraph (1).
5    (5) Each State agency shall develop and implement
6procedures to ensure the necessary signatures or approvals are
7obtained. Each State agency may establish, maintain and follow
8procedures that are more restrictive than those required
9herein.
10    (6) This subsection (a) applies to all State agencies as
11defined in Section 1-7 of the Illinois State Auditing Act,
12which includes without limitation the General Assembly and its
13agencies. For purposes of this subsection (a), in the case of
14the General Assembly, the "chief executive officer of the
15agency" means (i) the Senate Operations Commission for Senate
16general operations as provided in Section 4 of the General
17Assembly Operations Act, (ii) the Speaker of the House of
18Representatives for House general operations as provided in
19Section 5 of the General Assembly Operations Act, (iii) the
20Speaker of the House for majority leadership staff and
21operations, (iv) the Minority Leader of the House for minority
22leadership staff and operations, (v) the President of the
23Senate for majority leadership staff and operations, (vi) the
24Minority Leader of the Senate for minority staff and
25operations, and (vii) the Joint Committee on Legislative
26Support Services for the legislative support services agencies

 

 

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1as provided in the Legislative Commission Reorganization Act of
21984. For purposes of this subsection (a), in the case of
3agencies, the "chief executive officer of the agency" means the
4head of the agency.
5    (b)(1) Every voucher, as submitted by the agency or office
6in which it originates, shall bear (i) the signature of the
7officer responsible for approving and certifying vouchers
8under this Act and (ii) if authority to sign the responsible
9officer's name has been properly delegated, also the signature
10of the person actually signing the voucher.
11    (2) When an officer delegates authority to approve and
12certify vouchers, he shall send a copy of such authorization
13containing the signature of the person to whom delegation is
14made to each office that checks or approves such vouchers and
15to the State Comptroller. Such delegation may be general or
16limited. If the delegation is limited, the authorization shall
17designate the particular types of vouchers that the person is
18authorized to approve and certify.
19    (3) When any delegation of authority hereunder is revoked,
20a copy of the revocation of authority shall be sent to the
21Comptroller and to each office to which a copy of the
22authorization was sent.
23    The Comptroller may require State agencies to maintain
24signature documents and records of delegations of voucher
25signature authority and revocations of those delegations,
26instead of transmitting those documents to the Comptroller. The

 

 

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1Comptroller may inspect such documents and records at any time.
2    (c) The Comptroller may authorize the submission of
3vouchers through electronic transmissions, on magnetic tape,
4or 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
7becoming law.