Full Text of SB3245 97th General Assembly
SB3245ham001 97TH GENERAL ASSEMBLY | Rep. Lisa M. Dugan Filed: 4/24/2012
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| 1 | | AMENDMENT TO SENATE BILL 3245
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3245 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Comptroller Act is amended by | 5 | | changing Section 10.10 as follows:
| 6 | | (15 ILCS 405/10.10) (from Ch. 15, par. 210.10)
| 7 | | Sec. 10.10.
(a) If any comptroller's warrant is lost, | 8 | | mislaid or destroyed,
or becomes void after issuance, so that | 9 | | it cannot be presented for payment
by the person entitled | 10 | | thereto, the comptroller, at any time before that
warrant is | 11 | | paid by the State Treasurer, but within 5 years of the
date of | 12 | | issuance, may issue a replacement warrant to the person | 13 | | entitled
thereto. If the original warrant was not cancelled or | 14 | | did not become void,
the comptroller, before issuing the | 15 | | replacement warrant, shall issue a stop
payment order on the | 16 | | State Treasurer and receive a confirmation of the stop
payment |
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| 1 | | order on the original warrant from the State Treasurer.
| 2 | | (b) Only the person entitled to the original warrant, or | 3 | | his heirs or
legal representatives, or a third party to whom it | 4 | | was properly negotiated
or the heirs or legal representatives | 5 | | of such party, may request a replacement
warrant. In the case | 6 | | of a warrant issued to a payee who dies before the
warrant is | 7 | | paid by the State Treasurer and whose estate has been probated
| 8 | | pursuant to law, the comptroller, upon receipt of a certified | 9 | | copy of a
judicial order establishing the person or entity | 10 | | entitled to payment, may
issue a replacement warrant to such | 11 | | person or entity.
| 12 | | (c) Within 12 months from the date of issuance of the
| 13 | | original warrant, if the original warrant has not been canceled | 14 | | for redeposit,
the comptroller may issue a replacement warrant | 15 | | on the original voucher drawing
upon the same fund and charging | 16 | | the same appropriation or other expenditure
authorization as | 17 | | the original warrant.
| 18 | | (d) Within 12 months from the date of issuance of the | 19 | | original
warrant, if the original warrant has been canceled for | 20 | | redeposit, and if the
issuance of the replacement warrant would | 21 | | not over-obligate the appropriation
or other expenditure | 22 | | authority against which it is drawn, the comptroller may
issue | 23 | | the replacement warrant. If the original warrant was issued | 24 | | against
an appropriation or other expenditure authority which | 25 | | has lapsed, the
replacement warrant shall be drawn on the | 26 | | Warrant Escheat Fund. If the
appropriation or other |
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| 1 | | obligational authority against which the replacement
warrant | 2 | | is drawn has not lapsed, the comptroller shall notify the
| 3 | | originating agency of the request for a replacement warrant and | 4 | | shall
receive a replacement voucher from that agency before | 5 | | drawing the
replacement warrant, which shall be drawn on the | 6 | | same fund and charged to
the same appropriation or other | 7 | | expenditure authority as the original warrant.
| 8 | | (e) Within 12 months from the date of issuance of the | 9 | | original
warrant, if the original warrant has been canceled for | 10 | | redeposit, the
comptroller
may not issue a replacement warrant | 11 | | where such issuance would over-obligate
the appropriation or | 12 | | other expenditure authority against which the original
warrant | 13 | | was drawn. Whenever the comptroller is presented with a request
| 14 | | for a replacement warrant which may not be issued under the | 15 | | limitation of
this subsection, if the appropriation or other | 16 | | expenditure authority
against which the original warrant was | 17 | | drawn has not lapsed, the comptroller
shall immediately inform | 18 | | the originating agency of the request and that
the request may | 19 | | not be honored because of the resulting
over-obligation, and | 20 | | shall request the agency to determine whether or not
that | 21 | | agency will take some corrective action before the applicable | 22 | | expenditure
authorization lapses. The originating agency shall | 23 | | respond to the
comptroller's inquiry within 5 business days.
| 24 | | (f) After 12 months from the date of issuance of the
| 25 | | original warrant,
if the original warrant has not been | 26 | | cancelled for redeposit, the comptroller
shall issue the |
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| 1 | | replacement warrant on the Warrant Escheat Fund.
| 2 | | (f-5) Notwithstanding any other provision of this Section, | 3 | | after 5 years from the date of issuance of the original | 4 | | warrant, the comptroller may issue a replacement warrant on the | 5 | | Warrant Escheat Fund to a person or entity entitled thereto, as | 6 | | those persons and entities are described in subsection (b) of | 7 | | this Section, if the following requirements are met: | 8 | | (1) the person or entity verifies that they are | 9 | | entitled to the original warrant; | 10 | | (2) in the case where the original warrant is not | 11 | | presented by the requestor, the paying agency certifies | 12 | | that the original payee is still entitled to the payment; | 13 | | and | 14 | | (3) the comptroller's records are available and | 15 | | confirm that the warrant was not replaced. | 16 | | (g) Except as provided in this Section, requests for | 17 | | replacement warrants
for more than $500 shall show entitlement | 18 | | to such warrant by
including an affidavit, in writing, sworn | 19 | | before a person authorized to
administer oaths and | 20 | | affirmations, stating the loss or destruction of the
warrant, | 21 | | or the
fact that the warrant is void. However, when the written | 22 | | request for a
replacement warrant submitted by the person to | 23 | | whom the original warrant was
issued is accompanied by the | 24 | | original warrant, no affidavit is
required. Requests for | 25 | | replacement warrants for $500 or less shall show entitlement to | 26 | | such
warrant by submitting a written statement of the loss
or |
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| 1 | | destruction of the warrant, or the fact that the warrant is | 2 | | void on an
application form prescribed by the Comptroller. If | 3 | | the person requesting the
replacement is in possession of the | 4 | | original warrant, or any part thereof, the
original warrant or | 5 | | the part thereof must accompany the request for
replacement. | 6 | | The comptroller shall then draw such replacement warrant, and | 7 | | the
treasurer
shall pay the replacement warrant. If at the time | 8 | | of a loss or destruction
a warrant was negotiated to a third | 9 | | party, however (which fact shall be
ascertained by the oath of | 10 | | the party making the application, or otherwise),
before the | 11 | | replacement warrant is drawn
by the comptroller, the person | 12 | | requesting the replacement warrant must give
the comptroller a | 13 | | bond or bonds with sufficient sureties, to be approved
by the | 14 | | comptroller, when required by regulation of the comptroller, | 15 | | payable
to the People of the State of Illinois, for the | 16 | | refunding of the
amount, together with all costs and charges, | 17 | | should the State afterwards
be compelled to pay the original | 18 | | warrant.
| 19 | | (Source: P.A. 89-285, eff. 1-1-96.)
| 20 | | (15 ILCS 405/10.13 rep.) | 21 | | Section 10. The State Comptroller Act is amended by | 22 | | repealing Section 10.13.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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