Full Text of HB2363 098th General Assembly
HB2363enr 98TH GENERAL ASSEMBLY |
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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, 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 persons employed by the |
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| 1 | | Department of
Corrections, Department of Children and Family | 2 | | Services , Department of Juvenile Justice, Office of the State's | 3 | | Attorneys Appellate Prosecutor, and the Department
of State | 4 | | Police , as well as their spouses, no address shall be listed. | 5 | | The list so compiled and
arranged shall be kept
on file in the | 6 | | office of the Comptroller comptroller and be open to inspection | 7 | | by
the public at all times.
| 8 | | No person who utilizes the names obtained from this list | 9 | | for solicitation
shall represent that such solicitation is | 10 | | authorized by any officer or agency
of the State of Illinois. | 11 | | Violation of this provision is a Business Offense
punishable by | 12 | | a fine not to exceed $3,000.
| 13 | | (Source: P.A. 86-1003.)
| 14 | | (15 ILCS 405/10.13 rep.)
| 15 | | Section 10. The State Comptroller Act is amended by | 16 | | repealing Section 10.13.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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