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90_SB0516eng
15 ILCS 405/9.04 from Ch. 15, par. 209.04
15 ILCS 405/10.05 from Ch. 15, par. 210.05
15 ILCS 405/10.08 from Ch. 15, par. 210.08
15 ILCS 405/10.12 from Ch. 15, par. 210.12
15 ILCS 405/10.17 from Ch. 15, par. 210.17
15 ILCS 405/14.01 new
15 ILCS 505/8 from Ch. 130, par. 8
15 ILCS 505/9 from Ch. 130, par. 9
30 ILCS 230/2 from Ch. 127, par. 171
Amends the State Comptroller Act, the State Treasurer
Act, and the State Officers and Employees Money Disposition
Act. Requires the Comptroller to notify the submitting
agency of the rejection of a voucher (now the return of a
voucher), the reason for refusal to draw a warrant, or of the
cancellation of a warrant. Requires the Comptroller to
notify (now notify in writing) the payee and the State agency
of reasons for deductions from warrants. Requires the
Comptroller to record his or her approval of (now
countersign) receipts for moneys issued by the Treasurer.
Authorizes the use of digital signatures for communications
between the Comptroller and State agencies and to deposit
funds into the State Treasury. Effective immediately.
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1 AN ACT concerning the State Comptroller, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Comptroller Act is amended by
6 changing Sections 9.04, 10.05, 10.08, 10.12, and 10.17 and
7 adding Section 14.01 as follows:
8 (15 ILCS 405/9.04) (from Ch. 15, par. 209.04)
9 Sec. 9.04. Benefits recoverable under Workers'
10 Compensation Act and Workers' Occupational Diseases Act.
11 Whenever the Comptroller has been notified by the State
12 Employees' Retirement System of Illinois of a claim for
13 recovery of excess benefits paid which are recoverable from
14 benefits payable under the Workers' Compensation Act or the
15 Workers' Occupational Diseases Act, the Comptroller shall
16 review all vouchers presented for payment of Workers'
17 Compensation or Occupational Disease benefits to the injured
18 party, and shall reject and notify return to the submitting
19 agency of any such voucher which is subject to the recovery
20 claim of the State Employees' Retirement System.
21 Upon receiving notification of the rejection of a voucher
22 returned under this Section, the State agency shall reprocess
23 the voucher to provide for (1) payment to the State
24 Employees' Retirement System to satisfy its recovery claim,
25 and (2) payment of any excess to the original payee. The
26 State agency shall then promptly resubmit the reprocessed
27 voucher to the Comptroller.
28 (Source: P.A. 84-1472.)
29 (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
30 Sec. 10.05. Deductions from warrants; statement of
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1 reason for deduction. Whenever any person shall be entitled
2 to a warrant or other payment from the treasury or other
3 funds held by the State Treasurer, on any account, against
4 whom there shall be any account or claim in favor of the
5 State, then due and payable, the Comptroller, upon
6 notification thereof, shall ascertain the amount due and
7 payable to the State, as aforesaid, and draw a warrant on the
8 treasury or on other funds held by the State Treasurer,
9 stating the amount for which the party was entitled to a
10 warrant or other payment, the amount deducted therefrom, and
11 on what account, and directing the payment of the balance;
12 which warrant or payment as so drawn shall be entered on the
13 books of the Treasurer, and such balance only shall be paid.
14 The Comptroller may deduct the entire amount due and payable
15 to the State or may deduct a portion of the amount due and
16 payable to the State in accordance with the request of the
17 notifying agency. No request from a notifying agency for an
18 amount to be deducted under this Section from a wage or
19 salary payment, or from a contractual payment to an
20 individual for personal services, shall exceed 25% of the net
21 amount of such payment. "Net amount" means that part of the
22 earnings of an individual remaining after deduction of any
23 amounts required by law to be withheld. For purposes of this
24 provision, wage, salary or other payments for personal
25 services shall not include final compensation payments for
26 the value of accrued vacation, overtime or sick leave.
27 Whenever the Comptroller draws a warrant or makes a payment
28 involving a deduction ordered under this Section, the
29 Comptroller shall notify the payee and the State agency that
30 submitted the voucher of the reason for the deduction he
31 shall send copies of the voucher which authorized the warrant
32 or payment together with a written statement of the reason
33 for the deduction to the payee and to the agency that
34 originated the voucher or sent the voucher to the
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1 Comptroller, and he or she shall retain a record copy of such
2 written statement in his or her records. As used in this
3 Section, an "account or claim in favor of the State" includes
4 all amounts owing to "State agencies" as defined in Section 7
5 of this Act. However, the Comptroller shall not be required
6 to accept accounts or claims owing to funds not held by the
7 State Treasurer, where such accounts or claims do not exceed
8 $50, nor shall the Comptroller deduct from funds held by the
9 State Treasurer under the Senior Citizens and Disabled
10 Persons Property Tax Relief and Pharmaceutical Assistance
11 Act. The Comptroller and the Department of the Lottery shall
12 enter into an interagency agreement to establish
13 responsibility, duties, and procedures relating to deductions
14 from lottery prizes awarded under Section 20.1 of the
15 Illinois Lottery Law.
16 (Source: P.A. 87-1197.)
17 (15 ILCS 405/10.08) (from Ch. 15, par. 210.08)
18 Sec. 10.08. Warrants undeliverable to the payee. If any
19 warrant is undeliverable to the payee, it shall be returned
20 to the comptroller, who shall if he determines that the
21 warrant is undeliverable mark the face of the warrant
22 "Cancelled for Redeposit", cancel the warrant and transmit
23 written notice to the vouchering agency of such cancellation.
24 Upon receiving a warrant returned for redeposit, the
25 comptroller may redeposit it with the State Treasurer.
26 Warrants mailed by the comptroller to the payee (or the
27 payee's designated addressee) may be considered undeliverable
28 if returned by the United States Postal Service after
29 attempted delivery or may be remailed once by the comptroller
30 within 30 days of the date of return to a corrected address
31 supplied by the issuing agency except that warrants paying
32 grants to individuals under The Illinois Public Aid Code
33 shall not be remailed. Warrants returned uncashed to the
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1 comptroller by any State agency, or by any person other than
2 the payee, may, after inquiry as to its deliverability if the
3 warrant is not void, be treated as an undeliverable warrant
4 under this Section. Warrants returned to the comptroller
5 which he determines to be deliverable or redeliverable shall
6 be mailed by him to the payee or other designated addressee
7 if a reasonable time remains before the warrant shall become
8 void.
9 (Source: P.A. 86-657.)
10 (15 ILCS 405/10.12) (from Ch. 15, par. 210.12)
11 Sec. 10.12. Record of receipts for moneys issued by
12 treasurer; charge of account. The comptroller shall record
13 his or her approval of countersign all receipts for moneys
14 issued by the treasurer, and charge the treasurer with the
15 amount thereof.
16 (Source: P.A. 77-2807.)
17 (15 ILCS 405/10.17) (from Ch. 15, par. 210.17)
18 Sec. 10.17. Refusal to draw warrant. Whenever the
19 comptroller shall refuse to draw a warrant pursuant to any
20 voucher, the comptroller shall notify the submitting agency
21 of the reason for the refusal he shall return the voucher
22 together with a written statement of the reasons for his
23 disapproval to the agency which transmitted the voucher, and
24 shall retain a record of the disapproved voucher. If the
25 agency receiving the voucher and statement is not the
26 originating agency, it shall transmit such information
27 documents within 3 days to the originating agency.
28 (Source: P.A. 83-537.)
29 (15 ILCS 405/14.01 new)
30 Sec. 14.01. Digital signatures.
31 (a) In any communication between a State agency and the
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1 Comptroller in which a signature is required or used, any
2 party to the communication may affix a signature by use of a
3 digital signature that complies with the requirements of this
4 Section. The use of a digital signature shall have the same
5 force and effect as the use of a manual signature if and only
6 if it embodies all of the following attributes:
7 (1) It is unique to the person using it.
8 (2) It is capable of verification.
9 (3) It is under the sole control of the person
10 using it.
11 (4) It is linked to data in such a manner that if
12 the data are changed, the digital signature is
13 invalidated.
14 (5) It conforms to regulations adopted by the
15 Comptroller.
16 (b) The use or acceptance of a digital signature shall
17 be at the option of the parties. Nothing in this Section
18 shall require a State agency to use or permit the use of a
19 digital signature.
20 (c) "Digital signature" means an electronic identifier,
21 created by computer, intended by the party using it to have
22 the same force and effect as the use of a manual signature.
23 Section 10. The State Treasurer Act is amended by
24 changing Sections 8 and 9 as follows:
25 (15 ILCS 505/8) (from Ch. 130, par. 8)
26 Sec. 8. Moneys deposited in treasury; Comptroller's
27 order. All persons paying money into the state treasury shall
28 first obtain from the State Comptroller an order, directing
29 the Treasurer to receive the same; and if the Treasurer shall
30 receive and receipt for any money, without such order being
31 presented to him, he shall be removed from office. When
32 moneys are sent to the treasury, by express or otherwise, it
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1 shall be the Treasurer's duty to obtain the Comptroller's
2 order, hereinbefore required, before receipting therefor.
3 The order required under this Section may be prepared by any
4 magnetic or electronic technology as determined to be in the
5 best interest of the State by the Comptroller.
6 (Source: P.A. 78-592.)
7 (15 ILCS 505/9) (from Ch. 130, par. 9)
8 Sec. 9. Receipt of money by Treasurer. The Treasurer
9 shall, on the receipt of any money, give the person paying
10 the same a confirmation of receipt duplicate receipts
11 therefor; which shall be presented to the State Comptroller,
12 who shall enter his or her approval countersign and notify
13 return one of them to the person presenting the same, and
14 retain a record of those approvals the other on file in his
15 or her office, and charge the amount thereof against the
16 Treasurer. No receipt shall be of any validity unless
17 approved by both the Comptroller and Treasurer as provided in
18 this Section the same is so countersigned.
19 (Source: P.A. 78-592.)
20 Section 15. The State Officers and Employees Money
21 Disposition Act is amended by changing Section 2 as follows:
22 (30 ILCS 230/2) (from Ch. 127, par. 171)
23 Sec. 2. Accounts of money received; payment into
24 treasury.
25 (a) Every officer, board, commission, commissioner,
26 department, institution, arm or agency brought within the
27 provisions of this Act by Section 1 hereof shall keep in
28 proper books a detailed itemized account of all moneys
29 received for or on behalf of the State, showing the date of
30 receipt, the payor, and purpose and amount, and the date and
31 manner of disbursement as hereinafter provided, and, unless a
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1 different time of payment is expressly provided by law or by
2 rules or regulations promulgated under subsection (b) of this
3 Section, shall pay into the State treasury the gross amount
4 of money so received on the day of actual physical receipt
5 with respect to any single item of receipt exceeding $10,000,
6 within 24 hours of actual physical receipt with respect to an
7 accumulation of receipts of $10,000 or more, or within 48
8 hours of actual physical receipt with respect to an
9 accumulation of receipts exceeding $500 but less than
10 $10,000, disregarding holidays, Saturdays and Sundays, after
11 the receipt of same, without any deduction on account of
12 salaries, fees, costs, charges, expenses or claims of any
13 description whatever; provided that the provisions of Section
14 39b32 of the Civil Administrative Code of Illinois, approved
15 March 7, 1917, as amended, and the provisions of any specific
16 taxing statute authorizing a claim for credit procedure
17 instead of the actual making of refunds, and the provisions
18 of Section 505 of "The Illinois Controlled Substances Act",
19 approved August 16, 1971, as amended, authorizing the
20 Director of State Police to dispose of forfeited property,
21 which includes the sale and disposition of the proceeds of
22 the sale of forfeited property, and the Department of Central
23 Management Services to be reimbursed for costs incurred with
24 the sales of forfeited vehicles, boats or aircraft and to pay
25 to bona fide or innocent purchasers, conditional sales
26 vendors or mortgagees of such vehicles, boats or aircraft
27 their interest in such vehicles, boats or aircraft, and the
28 provisions of Section 6b-2 of An Act in relation to State
29 finance, approved June 10, 1919, as amended, establishing
30 procedures for handling cash receipts from the sale of
31 pari-mutuel wagering tickets, shall not be deemed to be in
32 conflict with the requirements of this Section; provided,
33 further that any fees received by the State Registrar of
34 Vital Records pursuant to the Vital Records Act which are
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1 insufficient in amount may be returned by the Registrar as
2 provided in that Act; provided, further that if the amount of
3 money received does not exceed $500, such money may be
4 retained and need not be paid into the State treasury until
5 the total amount of money so received exceeds $500, or until
6 the next succeeding 1st or 15th day of each month (or until
7 the next business day if these days fall on Sunday or a
8 holiday), whichever is earlier, at which earlier time such
9 money shall be paid into the State treasury, except that if a
10 local bank or savings and loan association account has been
11 authorized by law, any balances shall be paid into the State
12 treasury on Monday of each week if more than $500 is to be
13 deposited in any fund. Single items of receipt exceeding
14 $10,000 received after 2 p.m. on a working day may be deemed
15 to have been received on the next working day for purposes of
16 fulfilling the requirement that the item be deposited on the
17 day of actual physical receipt. No money belonging to or
18 left for the use of the State shall be expended or applied
19 except in consequence of an appropriation made by law and
20 upon the warrant of the State Comptroller. However, payments
21 made by the Comptroller to persons receiving benefit payments
22 under the State pension systems and to individuals receiving
23 assistance under Article III of "The Illinois Public Aid
24 Code" by direct deposit need not be made upon the warrant of
25 the Comptroller, but if not made upon a warrant, shall be
26 made in accordance with Section 9.02 of the "State
27 Comptroller Act". All moneys so paid into the State treasury
28 shall, unless required by some statute to be held in the
29 State treasury in a separate or special fund, be covered into
30 the general revenue fund into the State treasury. Moneys
31 received in the form of checks, drafts or similar instruments
32 shall be properly endorsed, if necessary, and delivered to
33 the State Treasurer for collection. The State Treasurer shall
34 remit such collected funds to the depositing officer, board,
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1 commission, commissioner, department, institution, arm or
2 agency by Treasurers Draft or through electronic funds
3 transfer. Said draft or notification of the electronic funds
4 transfer shall be provided remitted to the Comptroller to
5 allow deposit be ordered into the appropriate fund.
6 (b) Different time periods for the payment of public
7 funds into the State treasury or to the State Treasurer, in
8 excess of the periods established in subsection (a) of this
9 Section, but not in excess of 30 days after receipt of such
10 funds, may be established and revised from time to time by
11 rules or regulations promulgated jointly by the State
12 Treasurer and the State Comptroller in accordance with "The
13 Illinois Administrative Procedure Act", approved September
14 22, 1975, as amended. The different time periods established
15 by rule or regulation under this subsection may vary
16 according to the nature and amounts of the funds received,
17 the locations at which the funds are received, whether
18 compliance with the deposit requirements specified in
19 subsection (a) of this Section would be cost effective, and
20 such other circumstances and conditions as the promulgating
21 authorities consider to be appropriate. The Treasurer and the
22 Comptroller shall review all such different time periods
23 established pursuant to this subsection every 2 years from
24 the establishment thereof and upon such review, unless it is
25 determined that it is economically unfeasible for the agency
26 to comply with the provisions of subsection (a), repeal such
27 different time period.
28 (Source: P.A. 85-1440.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.