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90_HB0276eng 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. LRB9001470MWcd HB0276 Engrossed LRB9001470MWcd 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 tothe 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 returnedunder 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 HB0276 Engrossed -2- LRB9001470MWcd 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 he31 shall send copies of the voucher which authorized the warrant32 or payment together with a written statement of the reason33 for the deduction to the payee and to the agency that34 originated the voucher or sent the voucher to theHB0276 Engrossed -3- LRB9001470MWcd 1 Comptroller,and he or she shall retain a record copyof such 2 writtenstatement 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 writtennotice 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 HB0276 Engrossed -4- LRB9001470MWcd 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 countersignall 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 voucher22 together with a written statement of the reasons for his23 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 andstatement is not the 26 originating agency, it shall transmit such information 27 documentswithin 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 HB0276 Engrossed -5- LRB9001470MWcd 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 HB0276 Engrossed -6- LRB9001470MWcd 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 receipts11 therefor;which shall be presented to the State Comptroller, 12 who shall enter his or her approval countersignand notify 13 return one of them tothe person presenting the same, and 14 retain a record of those approvals the other on filein 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 HB0276 Engrossed -7- LRB9001470MWcd 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 HB0276 Engrossed -8- LRB9001470MWcd 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 payments22 under the State pension systems and to individuals receiving23 assistance under Article III of "The Illinois Public Aid24 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, HB0276 Engrossed -9- LRB9001470MWcd 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 remittedto the Comptroller to 5 allow deposit be orderedinto 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.
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