Rep. Lisa M. Dugan

Filed: 4/24/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3245 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Comptroller Act is amended by
5changing 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,
8mislaid or destroyed, or becomes void after issuance, so that
9it cannot be presented for payment by the person entitled
10thereto, the comptroller, at any time before that warrant is
11paid by the State Treasurer, but within 5 years of the date of
12issuance, may issue a replacement warrant to the person
13entitled thereto. If the original warrant was not cancelled or
14did not become void, the comptroller, before issuing the
15replacement warrant, shall issue a stop payment order on the
16State Treasurer and receive a confirmation of the stop payment



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



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1obligational authority against which the replacement warrant
2is drawn has not lapsed, the comptroller shall notify the
3originating agency of the request for a replacement warrant and
4shall receive a replacement voucher from that agency before
5drawing the replacement warrant, which shall be drawn on the
6same fund and charged to the same appropriation or other
7expenditure authority as the original warrant.
8    (e) Within 12 months from the date of issuance of the
9original warrant, if the original warrant has been canceled for
10redeposit, the comptroller may not issue a replacement warrant
11where such issuance would over-obligate the appropriation or
12other expenditure authority against which the original warrant
13was drawn. Whenever the comptroller is presented with a request
14for a replacement warrant which may not be issued under the
15limitation of this subsection, if the appropriation or other
16expenditure authority against which the original warrant was
17drawn has not lapsed, the comptroller shall immediately inform
18the originating agency of the request and that the request may
19not be honored because of the resulting over-obligation, and
20shall request the agency to determine whether or not that
21agency will take some corrective action before the applicable
22expenditure authorization lapses. The originating agency shall
23respond to the comptroller's inquiry within 5 business days.
24    (f) After 12 months from the date of issuance of the
25original warrant, if the original warrant has not been
26cancelled for redeposit, the comptroller shall issue the



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1replacement warrant on the Warrant Escheat Fund.
2    (f-5) Notwithstanding any other provision of this Section,
3after 5 years from the date of issuance of the original
4warrant, the comptroller may issue a replacement warrant on the
5Warrant Escheat Fund to a person or entity entitled thereto, as
6those persons and entities are described in subsection (b) of
7this 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
17replacement warrants for more than $500 shall show entitlement
18to such warrant by including an affidavit, in writing, sworn
19before a person authorized to administer oaths and
20affirmations, stating the loss or destruction of the warrant,
21or the fact that the warrant is void. However, when the written
22request for a replacement warrant submitted by the person to
23whom the original warrant was issued is accompanied by the
24original warrant, no affidavit is required. Requests for
25replacement warrants for $500 or less shall show entitlement to
26such warrant by submitting a written statement of the loss or



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1destruction of the warrant, or the fact that the warrant is
2void on an application form prescribed by the Comptroller. If
3the person requesting the replacement is in possession of the
4original warrant, or any part thereof, the original warrant or
5the part thereof must accompany the request for replacement.
6The comptroller shall then draw such replacement warrant, and
7the treasurer shall pay the replacement warrant. If at the time
8of a loss or destruction a warrant was negotiated to a third
9party, however (which fact shall be ascertained by the oath of
10the party making the application, or otherwise), before the
11replacement warrant is drawn by the comptroller, the person
12requesting the replacement warrant must give the comptroller a
13bond or bonds with sufficient sureties, to be approved by the
14comptroller, when required by regulation of the comptroller,
15payable to the People of the State of Illinois, for the
16refunding of the amount, together with all costs and charges,
17should the State afterwards be compelled to pay the original
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
22repealing Section 10.13.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".