Full Text of HB5748 96th General Assembly
HB5748 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5748
Introduced 2/9/2010, by Rep. Jil Tracy SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/9.02 |
from Ch. 127, par. 145c |
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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.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5748 |
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LRB096 16692 RCE 31976 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 9.02 as follows:
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| (30 ILCS 105/9.02) (from Ch. 127, par. 145c)
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| Sec. 9.02. Vouchers; signature; delegation; electronic | 8 |
| submission.
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| (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.
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| (2) No document identified in paragraph (1) may be filed | 23 |
| with the
Comptroller, nor may any authorization for payment |
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HB5748 |
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LRB096 16692 RCE 31976 b |
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| pursuant to such documents
be filed with the Comptroller, if | 2 |
| the required signatures or approvals are
lacking.
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| (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.
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| (4) Procurements shall not be artificially divided so as to | 9 |
| avoid the
necessity of complying with paragraph (1).
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| (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.
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| (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
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| 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 |
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HB5748 |
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LRB096 16692 RCE 31976 b |
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| leadership staff and operations, (v) the
President of the | 2 |
| Senate for majority leadership staff and operations, (vi) the
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| 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
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| 1984.
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| (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.
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| (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.
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| (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.
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| The Comptroller may require State agencies to maintain |
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HB5748 |
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LRB096 16692 RCE 31976 b |
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| 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.
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| (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.
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| (Source: P.A. 89-360, eff. 8-17-95; 90-452, eff. 8-16-97.)
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