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91_SB1864
LRB9113274JMmb
1 AN ACT concerning State finances.
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
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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 (4) if the amount of money received does not exceed
26 $500, such money may be retained and need not be paid
27 into the State treasury until the total amount of money
28 so received exceeds $500, or until the next succeeding
29 1st or 15th day of each month (or until the next business
30 day if these days fall on Sunday or a holiday), whichever
31 is earlier, at which earlier time such money shall be
32 paid into the State treasury, except that if a local bank
33 or savings and loan association account has been
34 authorized by law, any balances shall be paid into the
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1 State treasury on Monday of each week if more than $500
2 is to be deposited in any fund.
3 Single items of receipt exceeding $10,000 received after
4 2 p.m. on a working day may be deemed to have been received
5 on the next working day for purposes of fulfilling the
6 requirement that the item be deposited on the day of actual
7 physical receipt.
8 No money belonging to or left for the use of the State
9 shall be expended or applied except in consequence of an
10 appropriation made by law and upon the warrant of the State
11 Comptroller. However, payments made by the Comptroller to
12 persons by direct deposit need not be made upon the warrant
13 of the Comptroller, but if not made upon a warrant, shall be
14 made in accordance with Section 9.02 of the State Comptroller
15 Act. All moneys so paid into the State treasury shall,
16 unless required by some statute to be held in the State
17 treasury in a separate or special fund, be covered into the
18 General Revenue Fund in the State treasury. Moneys received
19 in the form of checks, drafts or similar instruments shall be
20 properly endorsed, if necessary, and delivered to the State
21 Treasurer for collection. The State Treasurer shall remit
22 such collected funds to the depositing officer, board,
23 commission, commissioner, department, institution, arm or
24 agency by Treasurers Draft or through electronic funds
25 transfer. The draft or notification of the electronic funds
26 transfer shall be provided to the State Comptroller to allow
27 deposit into the appropriate fund.
28 (b) Different time periods for the payment of public
29 funds into the State treasury or to the State Treasurer, in
30 excess of the periods established in subsection (a) of this
31 Section, but not in excess of 30 days after receipt of such
32 funds, may be established and revised from time to time by
33 rules or regulations promulgated jointly by the State
34 Treasurer and the State Comptroller in accordance with the
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1 Illinois Administrative Procedure Act. The different time
2 periods established by rule or regulation under this
3 subsection may vary according to the nature and amounts of
4 the funds received, the locations at which the funds are
5 received, whether compliance with the deposit requirements
6 specified in subsection (a) of this Section would be cost
7 effective, and such other circumstances and conditions as the
8 promulgating authorities consider to be appropriate. The
9 Treasurer and the Comptroller shall review all such different
10 time periods established pursuant to this subsection every 2
11 years from the establishment thereof and upon such review,
12 unless it is determined that it is economically unfeasible
13 for the agency to comply with the provisions of subsection
14 (a), shall repeal such different time period.
15 (Source: P.A. 90-37, eff. 6-27-97; 90-655, eff. 7-30-98;
16 91-239, eff. 1-1-00.)