Illinois General Assembly - Full Text of HB2363
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Full Text of HB2363  98th General Assembly




HB2363 EnrolledLRB098 10438 JDS 40650 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Comptroller Act is amended by changing
5Sections 10.10 and 20 as follows:
6    (15 ILCS 405/10.10)  (from Ch. 15, par. 210.10)
7    Sec. 10.10. (a) If any Comptroller's comptroller's warrant
8is lost, mislaid or destroyed, or becomes void after issuance,
9so that it cannot be presented for payment by the person
10entitled thereto, the Comptroller comptroller, at any time
11before that warrant is paid by the State Treasurer, but within
125 years of the date of issuance, may issue a replacement
13warrant to the person entitled thereto. If the original warrant
14was not cancelled or did not become void, the Comptroller
15comptroller, before issuing the replacement warrant, shall
16issue a stop payment order on the State Treasurer and receive a
17confirmation of the stop payment order on the original warrant
18from the State Treasurer.
19    (b) Only the person entitled to the original warrant, or
20his heirs or legal representatives, or a third party to whom it
21was properly negotiated or the heirs or legal representatives
22of such party, may request a replacement warrant. In the case
23of a warrant issued to a payee who dies before the warrant is



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1paid by the State Treasurer and whose estate has been probated
2pursuant to law, the Comptroller comptroller, upon receipt of a
3certified copy of a judicial order establishing the person or
4entity entitled to payment, may issue a replacement warrant to
5such person or entity.
6    (c) Within 12 months from the date of issuance of the
7original warrant, if the original warrant has not been canceled
8for redeposit, the Comptroller comptroller may issue a
9replacement warrant on the original voucher drawing upon the
10same fund and charging the same appropriation or other
11expenditure authorization as the original warrant.
12    (d) Within 12 months from the date of issuance of the
13original warrant, if the original warrant has been canceled for
14redeposit, and if the issuance of the replacement warrant would
15not over-obligate the appropriation or other expenditure
16authority against which it is drawn, the Comptroller
17comptroller may issue the replacement warrant. If the original
18warrant was issued against an appropriation or other
19expenditure authority which has lapsed, the replacement
20warrant shall be drawn on the Warrant Escheat Fund. If the
21appropriation or other obligational authority against which
22the replacement warrant is drawn has not lapsed, the
23Comptroller comptroller shall notify the originating agency of
24the request for a replacement warrant and shall receive a
25replacement voucher from that agency before drawing the
26replacement warrant, which shall be drawn on the same fund and



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1charged to the same appropriation or other expenditure
2authority as the original warrant.
3    (e) Within 12 months from the date of issuance of the
4original warrant, if the original warrant has been canceled for
5redeposit, the Comptroller comptroller may not issue a
6replacement warrant where such issuance would over-obligate
7the appropriation or other expenditure authority against which
8the original warrant was drawn. Whenever the Comptroller
9comptroller is presented with a request for a replacement
10warrant which may not be issued under the limitation of this
11subsection, if the appropriation or other expenditure
12authority against which the original warrant was drawn has not
13lapsed, the Comptroller comptroller shall immediately inform
14the originating agency of the request and that the request may
15not be honored because of the resulting over-obligation, and
16shall request the agency to determine whether or not that
17agency will take some corrective action before the applicable
18expenditure authorization lapses. The originating agency shall
19respond to the Comptroller's comptroller's inquiry within 5
20business days.
21    (f) After 12 months from the date of issuance of the
22original warrant, if the original warrant has not been
23cancelled for redeposit, the Comptroller comptroller shall
24issue the replacement warrant on the Warrant Escheat Fund.
25    (f-5) After 5 years from the date of issuance of the
26original warrant but no later than 10 years after that date,



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1the Comptroller may issue a replacement warrant on the Warrant
2Escheat Fund to a person or entity entitled thereto, as those
3persons and entities are described in subsection (b) of this
4Section, if the following requirements are met:
5        (1) the person or entity verifies that they are
6    entitled to the original warrant;
7        (2) in the case of a warrant that is not presented by
8    the requestor, the paying agency certifies that the
9    original payee is still entitled to the payment; and
10        (3) the Comptroller's records are available and
11    confirm that the warrant was not replaced.
12    (g) Except as provided in this Section, requests for
13replacement warrants for more than $500 shall show entitlement
14to such warrant by including an affidavit, in writing, sworn
15before a person authorized to administer oaths and
16affirmations, stating the loss or destruction of the warrant,
17or the fact that the warrant is void. However, when the written
18request for a replacement warrant submitted by the person to
19whom the original warrant was issued is accompanied by the
20original warrant, no affidavit is required. Requests for
21replacement warrants for $500 or less shall show entitlement to
22such warrant by submitting a written statement of the loss or
23destruction of the warrant, or the fact that the warrant is
24void on an application form prescribed by the Comptroller. If
25the person requesting the replacement is in possession of the
26original warrant, or any part thereof, the original warrant or



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1the part thereof must accompany the request for replacement.
2The Comptroller comptroller shall then draw such replacement
3warrant, and the treasurer shall pay the replacement warrant.
4If at the time of a loss or destruction a warrant was
5negotiated to a third party, however (which fact shall be
6ascertained by the oath of the party making the application, or
7otherwise), before the replacement warrant is drawn by the
8Comptroller comptroller, the person requesting the replacement
9warrant must give the Comptroller comptroller a bond or bonds
10with sufficient sureties, to be approved by the Comptroller
11comptroller, when required by regulation of the Comptroller
12comptroller, payable to the People of the State of Illinois,
13for the refunding of the amount, together with all costs and
14charges, should the State afterwards be compelled to pay the
15original warrant.
16(Source: P.A. 89-285, eff. 1-1-96.)
17    (15 ILCS 405/20)  (from Ch. 15, par. 220)
18    Sec. 20. Annual report. The Comptroller comptroller shall
19annually, as soon as possible after the close of the fiscal
20year but no later than December 31, make out and present to the
21Governor, the President of the Senate, the Speaker of the House
22of Representatives, the Minority Leader of the Senate, and the
23Minority Leader of the House of Representatives a report,
24showing the amount of warrants drawn on the treasury, on other
25funds held by the State Treasurer and on any public funds held



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1by State agencies, during the preceding fiscal year, and
2stating, particularly, on what account they were drawn, and if
3drawn on the contingent fund, to whom and for what they were
4issued. He or she shall, also, at the same time, report to the
5Governor, the President of the Senate, the Speaker of the House
6of Representatives, the Minority Leader of the Senate, and the
7Minority Leader of the House of Representatives the amount of
8money received into the treasury, into other funds held by the
9State Treasurer and into any other funds held by State agencies
10during the preceding fiscal year, and stating particularly, the
11source from which the same may be derived, and also a general
12account of all the business of his office during the preceding
13fiscal year. The report shall also summarize for the previous
14fiscal year the information required under Section 19.
15    Within 60 days after the expiration of each calendar year,
16the Comptroller comptroller shall compile, from records
17maintained and available in his office, a list of all persons
18including those employed in the Office of the Comptroller
19office of the comptroller, who have been employed by the State
20during the past calendar year and paid from funds in the hands
21of the State Treasurer.
22    The list shall be arranged according to counties and shall
23state in alphabetical order the name of each employee, the
24address in the county in which he votes, except as specified
25below, the position and the total salary paid to him or her
26during the past calendar year. For persons employed by the



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1Department of Corrections, Department of Children and Family
2Services, Department of Juvenile Justice, Office of the State's
3Attorneys Appellate Prosecutor, and the Department of State
4Police, as well as their spouses, no address shall be listed.
5The list so compiled and arranged shall be kept on file in the
6office of the Comptroller comptroller and be open to inspection
7by the public at all times.
8    No person who utilizes the names obtained from this list
9for solicitation shall represent that such solicitation is
10authorized by any officer or agency of the State of Illinois.
11Violation of this provision is a Business Offense punishable by
12a fine not to exceed $3,000.
13(Source: P.A. 86-1003.)
14    (15 ILCS 405/10.13 rep.)
15    Section 10. The State Comptroller Act is amended by
16repealing Section 10.13.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.