Full Text of HB2363 98th General Assembly
HB2363 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2363 Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
| 15 ILCS 405/10.10 | from Ch. 15, par. 210.10 | 15 ILCS 405/20 | from Ch. 15, par. 220 | 15 ILCS 405/10.13 rep. | |
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Amends the State Comptroller Act. Authorizes the Comptroller to issue a replacement warrant on the Warrant Escheat Fund to a person or entity entitled thereto if 5 years but no more than 10 years have passed since the date of the original warrant's issuance. Sets forth requirements for the issuance of replacement warrants under those circumstances. Provides that certain State employee address information shall not be listed on the State employee list maintained by the Comptroller. Repeals a provision that prohibits an employee in the Comptroller's office from being employed by the State, except as a part-time teacher for a State college or university. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Comptroller Act is amended by changing | 5 | | Sections 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 | 8 | | is lost, mislaid or destroyed,
or becomes void after issuance, | 9 | | so that it cannot be presented for payment
by the person | 10 | | entitled thereto, the Comptroller comptroller , at any time | 11 | | before that
warrant is paid by the State Treasurer, but within | 12 | | 5 years of the
date of issuance, may issue a replacement | 13 | | warrant to the person entitled
thereto. If the original warrant | 14 | | was not cancelled or did not become void,
the Comptroller | 15 | | comptroller , before issuing the replacement warrant, shall | 16 | | issue a stop
payment order on the State Treasurer and receive a | 17 | | confirmation of the stop
payment order on the original warrant | 18 | | from the State Treasurer.
| 19 | | (b) Only the person entitled to the original warrant, or | 20 | | his heirs or
legal representatives, or a third party to whom it | 21 | | was properly negotiated
or the heirs or legal representatives | 22 | | of such party, may request a replacement
warrant. In the case | 23 | | of a warrant issued to a payee who dies before the
warrant is |
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| 1 | | paid by the State Treasurer and whose estate has been probated
| 2 | | pursuant to law, the Comptroller comptroller , upon receipt of a | 3 | | certified copy of a
judicial order establishing the person or | 4 | | entity entitled to payment, may
issue a replacement warrant to | 5 | | such person or entity.
| 6 | | (c) Within 12 months from the date of issuance of the
| 7 | | original warrant, if the original warrant has not been canceled | 8 | | for redeposit,
the Comptroller comptroller may issue a | 9 | | replacement warrant on the original voucher drawing
upon the | 10 | | same fund and charging the same appropriation or other | 11 | | expenditure
authorization as the original warrant.
| 12 | | (d) Within 12 months from the date of issuance of the | 13 | | original
warrant, if the original warrant has been canceled for | 14 | | redeposit, and if the
issuance of the replacement warrant would | 15 | | not over-obligate the appropriation
or other expenditure | 16 | | authority against which it is drawn, the Comptroller | 17 | | comptroller may
issue the replacement warrant. If the original | 18 | | warrant was issued against
an appropriation or other | 19 | | expenditure authority which has lapsed, the
replacement | 20 | | warrant shall be drawn on the Warrant Escheat Fund. If the
| 21 | | appropriation or other obligational authority against which | 22 | | the replacement
warrant is drawn has not lapsed, the | 23 | | Comptroller comptroller shall notify the
originating agency of | 24 | | the request for a replacement warrant and shall
receive a | 25 | | replacement voucher from that agency before drawing the
| 26 | | replacement warrant, which shall be drawn on the same fund and |
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| 1 | | charged to
the same appropriation or other expenditure | 2 | | authority as the original warrant.
| 3 | | (e) Within 12 months from the date of issuance of the | 4 | | original
warrant, if the original warrant has been canceled for | 5 | | redeposit, the Comptroller
comptroller
may not issue a | 6 | | replacement warrant where such issuance would over-obligate
| 7 | | the appropriation or other expenditure authority against which | 8 | | the original
warrant was drawn. Whenever the Comptroller | 9 | | comptroller is presented with a request
for a replacement | 10 | | warrant which may not be issued under the limitation of
this | 11 | | subsection, if the appropriation or other expenditure | 12 | | authority
against which the original warrant was drawn has not | 13 | | lapsed, the Comptroller comptroller
shall immediately inform | 14 | | the originating agency of the request and that
the request may | 15 | | not be honored because of the resulting
over-obligation, and | 16 | | shall request the agency to determine whether or not
that | 17 | | agency will take some corrective action before the applicable | 18 | | expenditure
authorization lapses. The originating agency shall | 19 | | respond to the Comptroller's
comptroller's inquiry within 5 | 20 | | business days.
| 21 | | (f) After 12 months from the date of issuance of the
| 22 | | original warrant,
if the original warrant has not been | 23 | | cancelled for redeposit, the Comptroller comptroller
shall | 24 | | issue the replacement warrant on the Warrant Escheat Fund.
| 25 | | (f-5) After 5 years from the date of issuance of the | 26 | | original warrant but no later than 10 years after that date, |
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| 1 | | the Comptroller may issue a replacement warrant on the Warrant | 2 | | Escheat Fund to a person or entity entitled thereto, as those | 3 | | persons and entities are described in subsection (b) of this | 4 | | Section, 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 | 13 | | replacement warrants
for more than $500 shall show entitlement | 14 | | to such warrant by
including an affidavit, in writing, sworn | 15 | | before a person authorized to
administer oaths and | 16 | | affirmations, stating the loss or destruction of the
warrant, | 17 | | or the
fact that the warrant is void. However, when the written | 18 | | request for a
replacement warrant submitted by the person to | 19 | | whom the original warrant was
issued is accompanied by the | 20 | | original warrant, no affidavit is
required. Requests for | 21 | | replacement warrants for $500 or less shall show entitlement to | 22 | | such
warrant by submitting a written statement of the loss
or | 23 | | destruction of the warrant, or the fact that the warrant is | 24 | | void on an
application form prescribed by the Comptroller. If | 25 | | the person requesting the
replacement is in possession of the | 26 | | original warrant, or any part thereof, the
original warrant or |
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| 1 | | the part thereof must accompany the request for
replacement. | 2 | | The Comptroller comptroller shall then draw such replacement | 3 | | warrant, and the
treasurer
shall pay the replacement warrant. | 4 | | If at the time of a loss or destruction
a warrant was | 5 | | negotiated to a third party, however (which fact shall be
| 6 | | ascertained by the oath of the party making the application, or | 7 | | otherwise),
before the replacement warrant is drawn
by the | 8 | | Comptroller comptroller , the person requesting the replacement | 9 | | warrant must give
the Comptroller comptroller a bond or bonds | 10 | | with sufficient sureties, to be approved
by the Comptroller | 11 | | comptroller , when required by regulation of the Comptroller | 12 | | comptroller , payable
to the People of the State of Illinois, | 13 | | for the refunding of the
amount, together with all costs and | 14 | | charges, should the State afterwards
be compelled to pay the | 15 | | original 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 | 19 | | annually, as soon as possible after the close
of the fiscal | 20 | | year but no later than December 31, make out and present
to the | 21 | | Governor, the President of the Senate, the Speaker of the House
| 22 | | of Representatives, the Minority Leader of the Senate, and the | 23 | | Minority
Leader of the House of Representatives a report, | 24 | | showing the amount of
warrants drawn on the treasury, on other | 25 | | funds held by the State
Treasurer and on any public funds held |
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| 1 | | by State agencies, during the
preceding fiscal year, and | 2 | | stating, particularly, on what account they
were drawn, and if | 3 | | drawn on the contingent fund, to whom and for what
they were | 4 | | issued. He or she shall, also, at the same time, report to the
| 5 | | Governor, the President of the Senate, the Speaker of the House | 6 | | of
Representatives, the Minority Leader of the Senate, and the | 7 | | Minority
Leader of the House of Representatives the amount of | 8 | | money received into
the treasury, into other funds held by the | 9 | | State Treasurer and into any
other funds held by State agencies | 10 | | during the preceding fiscal year, and
stating particularly, the | 11 | | source from which the same may be derived, and
also a general | 12 | | account of all the business of his office during the
preceding | 13 | | fiscal year. The report shall also summarize for the previous
| 14 | | fiscal year the information required under Section 19.
| 15 | | Within 60 days after the expiration of each calendar year, | 16 | | the Comptroller
comptroller shall compile, from records | 17 | | maintained and available in his
office, a list of all persons | 18 | | including those employed in the Office of the Comptroller | 19 | | office of
the comptroller , who have been employed by the State | 20 | | during the past
calendar year and paid from funds in the hands | 21 | | of the State Treasurer.
| 22 | | The list shall be arranged according to counties and shall | 23 | | state in
alphabetical order the name of each employee and , the | 24 | | address in the county
in which he votes, except as specified | 25 | | below, the position and the
total salary paid to him or her | 26 | | during
the past calendar year. For all persons employed by the |
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| 1 | | State, persons employed by the Department of
Corrections, | 2 | | Department of Children and Family Services and the Department
| 3 | | of State Police no address shall be listed. The list so | 4 | | compiled and
arranged shall be kept
on file in the office of | 5 | | the Comptroller comptroller and be open to inspection by
the | 6 | | public at all times.
| 7 | | No person who utilizes the names obtained from this list | 8 | | for solicitation
shall represent that such solicitation is | 9 | | authorized by any officer or agency
of the State of Illinois. | 10 | | Violation of this provision is a Business Offense
punishable by | 11 | | a fine not to exceed $3,000.
| 12 | | (Source: P.A. 86-1003.)
| 13 | | (15 ILCS 405/10.13 rep.)
| 14 | | Section 10. The State Comptroller Act is amended by | 15 | | repealing Section 10.13.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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