HB5748 96TH GENERAL ASSEMBLY

LRB096 16692 RCE 31976 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

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) Every voucher, as submitted by the agency or office in which it originates, shall bear (i) the signature of the officer responsible for approving and certifying vouchers under this Act and (ii) if authority to sign the responsible officer's name has been properly delegated, also the signature of the person actually signing the voucher.

(2) 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.

(b-5) Any voucher submitted by a State agency to the Comptroller for payment must indicate on the voucher whether the payee is a charitable organization. In this subsection, "charitable organization" means an organization exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 or similar provisions of any successor law. The Comptroller must maintain a database, by State fiscal year, of all vouchers submitted for payments to charitable organizations. The information in the database for each such voucher must include the State agency issuing the voucher, the name of the charitable 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 subsection.

(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; 90-452, eff. 8-16-97.)