96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5748

 

Introduced 2/9/2010, by Rep. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/9.02   from Ch. 127, par. 145c

    Amends the State Finance Act. Provides that any voucher submitted by a State agency to the Comptroller for payment must indicate on the voucher whether the payee is a charitable organization. "Charitable organization" is defined as an organization exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code. Requires the Comptroller to maintain a database, by State fiscal year, of all vouchers submitted for payments to charitable organizations. The information in the database for each voucher must include the State agency issuing the voucher, the name of the organization, the address of the organization, the reason for or purpose of the payment, and the source of funds. If available, the information should also include the name of the head of the organization. The database must be accessible on the Internet through a link on the home page of the Comptroller's website and must be searchable by each category of data entry. The Comptroller is authorized to adopt rules to implement and administer this provision.


LRB096 16692 RCE 31976 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5748 LRB096 16692 RCE 31976 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) 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.
22     (2) No document identified in paragraph (1) may be filed
23 with the Comptroller, nor may any authorization for payment

 

 

HB5748 - 2 - LRB096 16692 RCE 31976 b

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

 

 

HB5748 - 3 - LRB096 16692 RCE 31976 b

1 leadership staff and operations, (v) the President of the
2 Senate for majority leadership staff and operations, (vi) the
3 Minority Leader of the Senate for minority staff and
4 operations, and (vii) the Joint Committee on Legislative
5 Support Services for the legislative support services agencies
6 as provided in the Legislative Commission Reorganization Act of
7 1984.
8     (b)(1) Every voucher, as submitted by the agency or office
9 in which it originates, shall bear (i) the signature of the
10 officer responsible for approving and certifying vouchers
11 under this Act and (ii) if authority to sign the responsible
12 officer's name has been properly delegated, also the signature
13 of the person actually signing the voucher.
14     (2) When an officer delegates authority to approve and
15 certify vouchers, he shall send a copy of such authorization
16 containing the signature of the person to whom delegation is
17 made to each office that checks or approves such vouchers and
18 to the State Comptroller. Such delegation may be general or
19 limited. If the delegation is limited, the authorization shall
20 designate the particular types of vouchers that the person is
21 authorized to approve and certify.
22     (3) When any delegation of authority hereunder is revoked,
23 a copy of the revocation of authority shall be sent to the
24 Comptroller and to each office to which a copy of the
25 authorization was sent.
26     The Comptroller may require State agencies to maintain

 

 

HB5748 - 4 - LRB096 16692 RCE 31976 b

1 signature documents and records of delegations of voucher
2 signature authority and revocations of those delegations,
3 instead of transmitting those documents to the Comptroller. The
4 Comptroller may inspect such documents and records at any time.
5     (b-5) Any voucher submitted by a State agency to the
6 Comptroller for payment must indicate on the voucher whether
7 the payee is a charitable organization. In this subsection,
8 "charitable organization" means an organization exempt from
9 federal taxation under Section 501(c)(3) of the Internal
10 Revenue Code of 1986 or similar provisions of any successor
11 law. The Comptroller must maintain a database, by State fiscal
12 year, of all vouchers submitted for payments to charitable
13 organizations. The information in the database for each such
14 voucher must include the State agency issuing the voucher, the
15 name of the charitable organization, the address of the
16 organization, the reason for or purpose of the payment, and the
17 source of funds. If available, the information should also
18 include the name of the head of the organization. The database
19 must be accessible on the Internet through a link on the home
20 page of the Comptroller's website and must be searchable by
21 each category of data entry. The Comptroller is authorized to
22 adopt rules to implement and administer this subsection.
23     (c) The Comptroller may authorize the submission of
24 vouchers through electronic transmissions, on magnetic tape,
25 or otherwise.
26 (Source: P.A. 89-360, eff. 8-17-95; 90-452, eff. 8-16-97.)