HB3137 EngrossedLRB104 10932 HLH 21014 b HB3137 Engrossed LRB104 10932 HLH 21014 b
HB3137 Engrossed LRB104 10932 HLH 21014 b
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) Other than construction contracts procured by the
10 Department of Transportation as provided in item (1.5), any
11 Any new contract or contract renewal in the amount of $250,000
12 or more in a fiscal year, or any order against a master
13 contract in the amount of $250,000 or more in a fiscal year, or
14 any contract amendment or change to an existing contract that
15 increases the value of the contract to or by $250,000 or more
16 in a fiscal year, shall be signed or approved in writing by the
17 chief executive officer of the agency or his or her designee,
18 and shall also be signed or approved in writing by the agency's
19 chief legal counsel or his or her designee and chief fiscal
20 officer or his or her designee. If the agency does not have a
21 chief legal counsel or a chief fiscal officer, the chief
22 executive officer of the agency shall designate in writing a
23 senior executive as the individual responsible for signature
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1 or approval.
2 (1.5) For construction contracts procured by the
3 Department of Transportation on or after the effective date of
4 this amendatory Act of the 104th General Assembly, the
5 signature requirement set forth in item (1) shall apply to
6 contracts, contract renewals, and orders against a master
7 contract in the amount of $750,000 or more and to any contract
8 amendment or change to an existing contract that increases the
9 value of the contract to or by $750,000 or more in a fiscal
10 year. The Department of Transportation may, by rule, adjust
11 the applicable monetary threshold set forth in this item (1.5)
12 on a yearly basis to reflect inflationary costs in highway
13 construction as measured by the United States Department of
14 Transportation in the National Highway Construction Cost Index
15 or other similar index. A notice of any change in that
16 threshold shall be published in the Illinois Transportation
17 Bulletin.
18 (2) No document identified in paragraph (1) may be filed
19 with the Comptroller, nor may any authorization for payment
20 pursuant to such documents be filed with the Comptroller, if
21 the required signatures or approvals are lacking.
22 (3) Any person who, with knowledge the signatures or
23 approvals required in paragraph (1) are lacking, either files
24 or directs another to file documents or payment authorizations
25 in violation of paragraph (2) shall be subject to discipline
26 up to and including discharge.
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1 (4) Procurements shall not be artificially divided so as
2 to avoid the necessity of complying with paragraph (1).
3 (5) Each State agency shall develop and implement
4 procedures to ensure the necessary signatures or approvals are
5 obtained. Each State agency may establish, maintain and follow
6 procedures that are more restrictive than those required
7 herein.
8 (6) This subsection (a) applies to all State agencies as
9 defined in Section 1-7 of the Illinois State Auditing Act,
10 which includes without limitation the General Assembly and its
11 agencies. For purposes of this subsection (a), in the case of
12 the General Assembly, the "chief executive officer of the
13 agency" means (i) the Senate Operations Commission for Senate
14 general operations as provided in Section 4 of the General
15 Assembly Operations Act, (ii) the Speaker of the House of
16 Representatives for House general operations as provided in
17 Section 5 of the General Assembly Operations Act, (iii) the
18 Speaker of the House for majority leadership staff and
19 operations, (iv) the Minority Leader of the House for minority
20 leadership staff and operations, (v) the President of the
21 Senate for majority leadership staff and operations, (vi) the
22 Minority Leader of the Senate for minority staff and
23 operations, and (vii) the Joint Committee on Legislative
24 Support Services for the legislative support services agencies
25 as provided in the Legislative Commission Reorganization Act
26 of 1984. For purposes of this subsection (a), in the case of
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1 agencies, the "chief executive officer of the agency" means
2 the head of the agency.
3 (b)(1) Every voucher or corresponding balancing report, as
4 submitted by the agency or office in which it originates,
5 shall bear (i) the signature of the officer responsible for
6 approving and certifying vouchers under this Act and (ii) if
7 authority to sign the responsible officer's name has been
8 properly delegated, also the signature of the person actually
9 signing the voucher.
10 (2) When an officer delegates authority to approve and
11 certify vouchers, he shall send a copy of such authorization
12 containing the signature of the person to whom delegation is
13 made to each office that checks or approves such vouchers and
14 to the State Comptroller. Such delegation may be general or
15 limited. If the delegation is limited, the authorization shall
16 designate the particular types of vouchers that the person is
17 authorized to approve and certify.
18 (3) When any delegation of authority hereunder is revoked,
19 a copy of the revocation of authority shall be sent to the
20 Comptroller and to each office to which a copy of the
21 authorization was sent.
22 The Comptroller may require State agencies to maintain
23 signature documents and records of delegations of voucher
24 signature authority and revocations of those delegations,
25 instead of transmitting those documents to the Comptroller.
26 The Comptroller may inspect such documents and records at any
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1 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. 101-34, eff. 6-28-19; 101-359, eff. 8-9-19;
6 102-558, eff. 8-20-21.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.
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