State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB1338 Enrolled                                LRB9110261JMdv

 1        AN ACT in relation to State finance.

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

 4        Section  5.   The  State  Officers  and  Employees  Money
 5    Disposition Act is amended by changing Section 2 as follows:

 6        (30 ILCS 230/2) (from Ch. 127, par. 171)
 7        Sec. 2.  Accounts of money received; payment  into  State
 8    treasury.
 9        (a)  Every   officer,  board,  commission,  commissioner,
10    department, institution, arm or  agency  brought  within  the
11    provisions  of  this  Act  by  Section 1 shall keep in proper
12    books a detailed itemized account of all moneys received  for
13    or  on  behalf  of the State of Illinois, showing the date of
14    receipt, the payor, and purpose and amount, and the date  and
15    manner of disbursement as hereinafter provided, and, unless a
16    different  time of payment is expressly provided by law or by
17    rules or regulations promulgated under subsection (b) of this
18    Section, shall pay into the State treasury the  gross  amount
19    of  money  so  received on the day of actual physical receipt
20    with respect to any single item of receipt exceeding $10,000,
21    within 24 hours of actual physical receipt with respect to an
22    accumulation of receipts of $10,000 or  more,  or  within  48
23    hours   of   actual  physical  receipt  with  respect  to  an
24    accumulation  of  receipts  exceeding  $500  but  less   than
25    $10,000,  disregarding holidays, Saturdays and Sundays, after
26    the receipt of same, without  any  deduction  on  account  of
27    salaries,  fees,  costs,  charges,  expenses or claims of any
28    description whatever; provided that:
29             (1)  the provisions of (i) Section 2505-475  of  the
30        Department  of  Revenue Law (20 ILCS 2505/2505-475), (ii)
31        any specific  taxing  statute  authorizing  a  claim  for
SB1338 Enrolled             -2-                LRB9110261JMdv
 1        credit procedure instead of the actual making of refunds,
 2        (iii)  Section  505 of the Illinois Controlled Substances
 3        Act, authorizing the Director of State Police to  dispose
 4        of  forfeited  property,  which  includes  the  sale  and
 5        disposition  of  the  proceeds  of  the sale of forfeited
 6        property,  and  the  Department  of  Central   Management
 7        Services  to  be  reimbursed  for costs incurred with the
 8        sales of forfeited vehicles, boats or aircraft and to pay
 9        to bona fide or innocent  purchasers,  conditional  sales
10        vendors or mortgagees of such vehicles, boats or aircraft
11        their  interest  in such vehicles, boats or aircraft, and
12        (iv) Section 6b-2 of the State Finance Act,  establishing
13        procedures  for  handling  cash receipts from the sale of
14        pari-mutuel wagering tickets, shall not be deemed  to  be
15        in conflict with the requirements of this Section;
16             (2)  any  fees  received  by  the State Registrar of
17        Vital Records pursuant to the Vital Records Act which are
18        insufficient in amount may be returned by  the  Registrar
19        as provided in that Act;
20             (3)  any  fees  received by the Department of Public
21        Health under the Food Handling Regulation Enforcement Act
22        that are submitted for renewal of an expired food service
23        sanitation manager certificate may  be  returned  by  the
24        Director as provided in that Act; and
25             (3.5)  the  State Treasurer may permit the deduction
26        of fees by third-party unclaimed property examiners  from
27        the  property recovered by the examiners for the State of
28        Illinois during examinations of holders  located  outside
29        the  State  under  which  the Office of the Treasurer has
30        agreed  to  pay  for  the  examinations  based   upon   a
31        percentage,  set  by  rule  by  the  State  Treasurer  in
32        accordance  with  the  Illinois  Administrative Procedure
33        Act, of the property recovered  during  the  examination;
34        and
SB1338 Enrolled             -3-                LRB9110261JMdv
 1             (4)  if the amount of money received does not exceed
 2        $500,  such  money  may  be retained and need not be paid
 3        into the State treasury until the total amount  of  money
 4        so  received  exceeds  $500, or until the next succeeding
 5        1st or 15th day of each month (or until the next business
 6        day if these days fall on Sunday or a holiday), whichever
 7        is earlier, at which earlier time  such  money  shall  be
 8        paid into the State treasury, except that if a local bank
 9        or   savings   and  loan  association  account  has  been
10        authorized by law, any balances shall be  paid  into  the
11        State  treasury  on Monday of each week if more than $500
12        is to be deposited in any fund.
13    Single items of  receipt  exceeding  $10,000  received  after
14    2 p.m.  on  a working day may be deemed to have been received
15    on the next  working  day  for  purposes  of  fulfilling  the
16    requirement  that  the item be deposited on the day of actual
17    physical receipt.
18        No money belonging to or left for the use  of  the  State
19    shall  be  expended  or  applied  except in consequence of an
20    appropriation made by law and upon the warrant of  the  State
21    Comptroller.   However,  payments  made by the Comptroller to
22    persons by direct deposit need not be made upon  the  warrant
23    of  the Comptroller, but if not made upon a warrant, shall be
24    made in accordance with Section 9.02 of the State Comptroller
25    Act.  All moneys so  paid  into  the  State  treasury  shall,
26    unless  required  by  some  statute  to  be held in the State
27    treasury in a separate or special fund, be covered  into  the
28    General  Revenue Fund in the State treasury.  Moneys received
29    in the form of checks, drafts or similar instruments shall be
30    properly endorsed, if necessary, and delivered to  the  State
31    Treasurer  for  collection.   The State Treasurer shall remit
32    such  collected  funds  to  the  depositing  officer,  board,
33    commission, commissioner,  department,  institution,  arm  or
34    agency  by  Treasurers  Draft  or  through  electronic  funds
SB1338 Enrolled             -4-                LRB9110261JMdv
 1    transfer.   The draft or notification of the electronic funds
 2    transfer shall be provided to the State Comptroller to  allow
 3    deposit into the appropriate fund.
 4        (b)  Different  time  periods  for  the payment of public
 5    funds into the State treasury or to the State  Treasurer,  in
 6    excess  of  the periods established in subsection (a) of this
 7    Section, but not in excess of 30 days after receipt  of  such
 8    funds,  may  be  established and revised from time to time by
 9    rules  or  regulations  promulgated  jointly  by  the   State
10    Treasurer  and  the  State Comptroller in accordance with the
11    Illinois Administrative Procedure Act.   The  different  time
12    periods   established   by  rule  or  regulation  under  this
13    subsection may vary according to the nature  and  amounts  of
14    the  funds  received,  the  locations  at which the funds are
15    received, whether compliance with  the  deposit  requirements
16    specified  in  subsection  (a)  of this Section would be cost
17    effective, and such other circumstances and conditions as the
18    promulgating authorities consider  to  be  appropriate.   The
19    Treasurer and the Comptroller shall review all such different
20    time  periods established pursuant to this subsection every 2
21    years from the establishment thereof and  upon  such  review,
22    unless  it  is  determined that it is economically unfeasible
23    for the agency to comply with the  provisions  of  subsection
24    (a), shall repeal such different time period.
25    (Source:  P.A.  90-37,  eff.  6-27-97;  90-655, eff. 7-30-98;
26    91-239, eff. 1-1-00.)

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