Public Act 90-0037 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0037

SB516 Enrolled                                 LRB9002621MWsb

    AN ACT concerning the State Comptroller,  amending  named

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  State  Comptroller  Act  is  amended  by
changing  Sections  9.04,  10.05, 10.08, 10.12, and 10.17 and
adding Section 14.01 as follows:

    (15 ILCS 405/9.04) (from Ch. 15, par. 209.04)
    Sec.   9.04.    Benefits   recoverable   under   Workers'
Compensation Act  and  Workers'  Occupational  Diseases  Act.
Whenever  the  Comptroller  has  been  notified  by the State
Employees' Retirement System  of  Illinois  of  a  claim  for
recovery  of  excess benefits paid which are recoverable from
benefits payable under the Workers' Compensation Act  or  the
Workers'  Occupational  Diseases  Act,  the Comptroller shall
review  all  vouchers  presented  for  payment  of   Workers'
Compensation  or Occupational Disease benefits to the injured
party, and shall reject and notify return to  the  submitting
agency  of  any such voucher which is subject to the recovery
claim of the State Employees' Retirement System.
    Upon receiving notification of the rejection of a voucher
returned under this Section, the State agency shall reprocess
the  voucher  to  provide  for  (1)  payment  to  the   State
Employees'  Retirement  System to satisfy its recovery claim,
and (2) payment of any excess to  the  original  payee.   The
State  agency  shall  then  promptly resubmit the reprocessed
voucher to the Comptroller.
(Source: P.A. 84-1472.)

    (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
    Sec.  10.05.   Deductions  from  warrants;  statement  of
reason for deduction. Whenever any person shall  be  entitled
to  a  warrant  or  other  payment from the treasury or other
funds held by the State Treasurer, on  any  account,  against
whom  there  shall  be  any  account or claim in favor of the
State,  then  due  and   payable,   the   Comptroller,   upon
notification  thereof,  shall  ascertain  the  amount due and
payable to the State, as aforesaid, and draw a warrant on the
treasury or on other  funds  held  by  the  State  Treasurer,
stating  the  amount  for  which  the party was entitled to a
warrant or other payment, the amount deducted therefrom,  and
on  what  account,  and directing the payment of the balance;
which warrant or payment as so drawn shall be entered on  the
books  of the Treasurer, and such balance only shall be paid.
The Comptroller may deduct the entire amount due and  payable
to  the  State  or may deduct a portion of the amount due and
payable to the State in accordance with the  request  of  the
notifying  agency.  No request from a notifying agency for an
amount to be deducted under  this  Section  from  a  wage  or
salary   payment,   or  from  a  contractual  payment  to  an
individual for personal services, shall exceed 25% of the net
amount of such payment.  "Net amount" means that part of  the
earnings  of  an  individual remaining after deduction of any
amounts required by law to be withheld.  For purposes of this
provision,  wage,  salary  or  other  payments  for  personal
services shall not include final  compensation  payments  for
the  value  of  accrued  vacation,  overtime  or  sick leave.
Whenever the Comptroller draws a warrant or makes  a  payment
involving   a  deduction  ordered  under  this  Section,  the
Comptroller shall notify the payee and the State agency  that
submitted  the  voucher  of  the  reason for the deduction he
shall send copies of the voucher which authorized the warrant
or payment together with a written statement  of  the  reason
for  the  deduction  to  the  payee  and  to  the agency that
originated  the  voucher  or  sent   the   voucher   to   the
Comptroller, and he or she shall retain a record copy of such
written  statement  in  his  or  her records. As used in this
Section, an "account or claim in favor of the State" includes
all amounts owing to "State agencies" as defined in Section 7
of this Act. However, the Comptroller shall not  be  required
to  accept  accounts or claims owing to funds not held by the
State Treasurer, where such accounts or claims do not  exceed
$50,  nor shall the Comptroller deduct from funds held by the
State  Treasurer  under  the  Senior  Citizens  and  Disabled
Persons Property Tax  Relief  and  Pharmaceutical  Assistance
Act.  The Comptroller and the Department of the Lottery shall
enter   into   an   interagency   agreement   to    establish
responsibility, duties, and procedures relating to deductions
from  lottery  prizes  awarded  under  Section  20.1  of  the
Illinois Lottery Law.
(Source: P.A. 87-1197.)

    (15 ILCS 405/10.08) (from Ch. 15, par. 210.08)
    Sec.  10.08.  Warrants undeliverable to the payee. If any
warrant is undeliverable to the payee, it shall  be  returned
to  the  comptroller,  who  shall  if  he determines that the
warrant  is  undeliverable  mark  the  face  of  the  warrant
"Cancelled for Redeposit", cancel the  warrant  and  transmit
written notice to the vouchering agency of such cancellation.
    Upon  receiving  a  warrant  returned  for redeposit, the
comptroller  may  redeposit  it  with  the  State  Treasurer.
Warrants mailed by the  comptroller  to  the  payee  (or  the
payee's designated addressee) may be considered undeliverable
if  returned  by  the  United  States  Postal  Service  after
attempted delivery or may be remailed once by the comptroller
within  30  days of the date of return to a corrected address
supplied by the issuing agency except  that  warrants  paying
grants  to  individuals  under  The  Illinois Public Aid Code
shall not be remailed.  Warrants  returned  uncashed  to  the
comptroller  by any State agency, or by any person other than
the payee, may, after inquiry as to its deliverability if the
warrant is not void, be treated as an  undeliverable  warrant
under  this  Section.  Warrants  returned  to the comptroller
which he determines to be deliverable or redeliverable  shall
be  mailed  by him to the payee or other designated addressee
if a reasonable time remains before the warrant shall  become
(Source: P.A. 86-657.)

    (15 ILCS 405/10.12) (from Ch. 15, par. 210.12)
    Sec.  10.12.  Record  of  receipts  for  moneys issued by
treasurer; charge of account. The  comptroller  shall  record
his  or  her  approval of countersign all receipts for moneys
issued by the treasurer, and charge the  treasurer  with  the
amount thereof.
(Source: P.A. 77-2807.)

    (15 ILCS 405/10.17) (from Ch. 15, par. 210.17)
    Sec.   10.17.  Refusal  to  draw  warrant.  Whenever  the
comptroller shall refuse to draw a warrant  pursuant  to  any
voucher,  the  comptroller shall notify the submitting agency
of the reason for the refusal he  shall  return  the  voucher
together  with  a  written  statement  of the reasons for his
disapproval to the agency which transmitted the voucher,  and
shall  retain  a  record  of  the disapproved voucher. If the
agency  receiving  the  voucher  and  statement  is  not  the
originating  agency,  it  shall  transmit  such   information
documents within 3 days to the originating agency.
(Source: P.A. 83-537.)

    (15 ILCS 405/14.01 new)
    Sec. 14.01.  Digital signatures.
    (a)  In  any communication between a State agency and the
Comptroller in which a signature is  required  or  used,  any
party  to the communication may affix a signature by use of a
digital signature that complies with the requirements of this
Section.  The use of a digital signature shall have the  same
force and effect as the use of a manual signature if and only
if it embodies all of the following attributes:
         (1)  It is unique to the person using it.
         (2)  It is capable of verification.
         (3)  It  is  under  the  sole  control of the person
    using it.
         (4)  It is linked to data in such a manner  that  if
    the   data   are   changed,   the  digital  signature  is
         (5)  It  conforms  to  regulations  adopted  by  the
    (b)  The use or acceptance of a digital  signature  shall
be  at  the  option  of the parties.  Nothing in this Section
shall require a State agency to use or permit the  use  of  a
digital signature.
    (c)  "Digital  signature" means an electronic identifier,
created by computer, intended by the party using it  to  have
the same force and effect as the use of a manual signature.

    Section  10.   The  State  Treasurer  Act  is  amended by
changing Sections 8 and 9 as follows:

    (15 ILCS 505/8) (from Ch. 130, par. 8)
    Sec. 8.   Moneys  deposited  in  treasury;  Comptroller's
order. All persons paying money into the state treasury shall
first  obtain  from the State Comptroller an order, directing
the Treasurer to receive the same; and if the Treasurer shall
receive and receipt for any money, without such  order  being
presented  to  him,  he  shall  be  removed from office. When
moneys are sent to the treasury, by express or otherwise,  it
shall  be  the  Treasurer's  duty to obtain the Comptroller's
order, hereinbefore  required,  before  receipting  therefor.
The  order required under this Section may be prepared by any
magnetic or electronic technology as determined to be in  the
best interest of the State by the Comptroller.
(Source: P.A. 78-592.)

    (15 ILCS 505/9) (from Ch. 130, par. 9)
    Sec.  9.  Receipt  of  money  by Treasurer. The Treasurer
shall, on the receipt of any money, give  the  person  paying
the   same  a  confirmation  of  receipt  duplicate  receipts
therefor; which shall be presented to the State  Comptroller,
who  shall  enter  his or her approval countersign and notify
return one of them to the person  presenting  the  same,  and
retain  a  record of those approvals the other on file in his
or her office, and charge  the  amount  thereof  against  the
Treasurer.   No  receipt  shall  be  of  any  validity unless
approved by both the Comptroller and Treasurer as provided in
this Section the same is so countersigned.
(Source: P.A. 78-592.)

    Section 15.   The  State  Officers  and  Employees  Money
Disposition Act is amended by changing Section 2 as follows:

    (30 ILCS 230/2) (from Ch. 127, par. 171)
    Sec.   2.   Accounts  of  money  received;  payment  into
    (a)  Every  officer,  board,  commission,   commissioner,
department,  institution,  arm  or  agency brought within the
provisions of this Act by Section  1  hereof  shall  keep  in
proper  books  a  detailed  itemized  account  of  all moneys
received for or on behalf of the State, showing the  date  of
receipt,  the payor, and purpose and amount, and the date and
manner of disbursement as hereinafter provided, and, unless a
different time of payment is expressly provided by law or  by
rules or regulations promulgated under subsection (b) of this
Section,  shall  pay into the State treasury the gross amount
of money so received on the day of  actual  physical  receipt
with respect to any single item of receipt exceeding $10,000,
within 24 hours of actual physical receipt with respect to an
accumulation  of  receipts  of  $10,000 or more, or within 48
hours  of  actual  physical  receipt  with  respect   to   an
accumulation   of  receipts  exceeding  $500  but  less  than
$10,000, disregarding holidays, Saturdays and Sundays,  after
the  receipt  of  same,  without  any deduction on account of
salaries, fees, costs, charges, expenses  or  claims  of  any
description whatever; provided that the provisions of Section
39b32  of the Civil Administrative Code of Illinois, approved
March 7, 1917, as amended, and the provisions of any specific
taxing statute  authorizing  a  claim  for  credit  procedure
instead  of  the actual making of refunds, and the provisions
of Section 505 of "The Illinois Controlled  Substances  Act",
approved   August  16,  1971,  as  amended,  authorizing  the
Director of State Police to dispose  of  forfeited  property,
which  includes  the  sale and disposition of the proceeds of
the sale of forfeited property, and the Department of Central
Management Services to be reimbursed for costs incurred  with
the sales of forfeited vehicles, boats or aircraft and to pay
to  bona  fide  or  innocent  purchasers,  conditional  sales
vendors  or  mortgagees  of  such vehicles, boats or aircraft
their interest in such vehicles, boats or aircraft,  and  the
provisions  of  Section  6b-2  of An Act in relation to State
finance, approved June 10,  1919,  as  amended,  establishing
procedures  for  handling  cash  receipts  from  the  sale of
pari-mutuel wagering tickets, shall not be deemed  to  be  in
conflict  with  the  requirements  of this Section; provided,
further that any fees received  by  the  State  Registrar  of
Vital  Records  pursuant  to  the Vital Records Act which are
insufficient in amount may be returned by  the  Registrar  as
provided in that Act; provided, further that if the amount of
money  received  does  not  exceed  $500,  such  money may be
retained and need not be paid into the State  treasury  until
the  total amount of money so received exceeds $500, or until
the next succeeding 1st or 15th day of each month  (or  until
the  next  business  day  if  these  days fall on Sunday or a
holiday), whichever is earlier, at which  earlier  time  such
money shall be paid into the State treasury, except that if a
local  bank  or savings and loan association account has been
authorized by law, any balances shall be paid into the  State
treasury  on  Monday  of each week if more than $500 is to be
deposited in any fund.  Single  items  of  receipt  exceeding
$10,000  received after 2 p.m. on a working day may be deemed
to have been received on the next working day for purposes of
fulfilling the requirement that the item be deposited on  the
day  of  actual  physical  receipt.  No money belonging to or
left for the use of the State shall be  expended  or  applied
except  in  consequence  of  an appropriation made by law and
upon the warrant of the State Comptroller.  However, payments
made by the Comptroller to persons receiving benefit payments
under the State pension systems and to individuals  receiving
assistance  under  Article  III  of  "The Illinois Public Aid
Code" by direct deposit need not be made upon the warrant  of
the  Comptroller,  but  if  not made upon a warrant, shall be
made  in  accordance  with  Section  9.02   of   the   "State
Comptroller Act".  All moneys so paid into the State treasury
shall,  unless  required  by  some  statute to be held in the
State treasury in a separate or special fund, be covered into
the general revenue fund into  the  State  treasury.   Moneys
received in the form of checks, drafts or similar instruments
shall  be  properly  endorsed, if necessary, and delivered to
the State Treasurer for collection. The State Treasurer shall
remit such collected funds to the depositing officer,  board,
commission,  commissioner,  department,  institution,  arm or
agency  by  Treasurers  Draft  or  through  electronic  funds
transfer. Said draft or notification of the electronic  funds
transfer  shall  be  provided  remitted to the Comptroller to
allow deposit be ordered into the appropriate fund.
    (b)  Different time periods for  the  payment  of  public
funds  into  the State treasury or to the State Treasurer, in
excess of the periods established in subsection (a)  of  this
Section,  but  not in excess of 30 days after receipt of such
funds, may be established and revised from time  to  time  by
rules   or  regulations  promulgated  jointly  by  the  State
Treasurer and the State Comptroller in accordance  with  "The
Illinois  Administrative  Procedure  Act", approved September
22, 1975, as amended.  The different time periods established
by  rule  or  regulation  under  this  subsection  may   vary
according  to  the  nature and amounts of the funds received,
the locations  at  which  the  funds  are  received,  whether
compliance   with   the  deposit  requirements  specified  in
subsection (a) of this Section would be cost  effective,  and
such  other  circumstances and conditions as the promulgating
authorities consider to be appropriate. The Treasurer and the
Comptroller shall review  all  such  different  time  periods
established  pursuant  to  this subsection every 2 years from
the establishment thereof and upon such review, unless it  is
determined  that it is economically unfeasible for the agency
to comply with the provisions of subsection (a), repeal  such
different time period.
(Source: P.A. 85-1440.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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