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Public Act 91-0862
SB1338 Enrolled LRB9110261JMdv
AN ACT in relation to State finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officers and Employees Money
Disposition Act is amended by changing Section 2 as follows:
(30 ILCS 230/2) (from Ch. 127, par. 171)
Sec. 2. Accounts of money received; payment into State
treasury.
(a) Every officer, board, commission, commissioner,
department, institution, arm or agency brought within the
provisions of this Act by Section 1 shall keep in proper
books a detailed itemized account of all moneys received for
or on behalf of the State of Illinois, showing the date of
receipt, the payor, and purpose and amount, and the date and
manner of disbursement as hereinafter provided, and, unless a
different time of payment is expressly provided by law or by
rules or regulations promulgated under subsection (b) of this
Section, shall pay into the State treasury the gross amount
of money so received on the day of actual physical receipt
with respect to any single item of receipt exceeding $10,000,
within 24 hours of actual physical receipt with respect to an
accumulation of receipts of $10,000 or more, or within 48
hours of actual physical receipt with respect to an
accumulation of receipts exceeding $500 but less than
$10,000, disregarding holidays, Saturdays and Sundays, after
the receipt of same, without any deduction on account of
salaries, fees, costs, charges, expenses or claims of any
description whatever; provided that:
(1) the provisions of (i) Section 2505-475 of the
Department of Revenue Law (20 ILCS 2505/2505-475), (ii)
any specific taxing statute authorizing a claim for
credit procedure instead of the actual making of refunds,
(iii) Section 505 of the Illinois Controlled Substances
Act, authorizing the Director of State Police to dispose
of forfeited property, which includes the sale and
disposition of the proceeds of the sale of forfeited
property, and the Department of Central Management
Services to be reimbursed for costs incurred with the
sales of forfeited vehicles, boats or aircraft and to pay
to bona fide or innocent purchasers, conditional sales
vendors or mortgagees of such vehicles, boats or aircraft
their interest in such vehicles, boats or aircraft, and
(iv) Section 6b-2 of the State Finance Act, establishing
procedures for handling cash receipts from the sale of
pari-mutuel wagering tickets, shall not be deemed to be
in conflict with the requirements of this Section;
(2) any fees received by the State Registrar of
Vital Records pursuant to the Vital Records Act which are
insufficient in amount may be returned by the Registrar
as provided in that Act;
(3) any fees received by the Department of Public
Health under the Food Handling Regulation Enforcement Act
that are submitted for renewal of an expired food service
sanitation manager certificate may be returned by the
Director as provided in that Act; and
(3.5) the State Treasurer may permit the deduction
of fees by third-party unclaimed property examiners from
the property recovered by the examiners for the State of
Illinois during examinations of holders located outside
the State under which the Office of the Treasurer has
agreed to pay for the examinations based upon a
percentage, set by rule by the State Treasurer in
accordance with the Illinois Administrative Procedure
Act, of the property recovered during the examination;
and
(4) if the amount of money received does not exceed
$500, such money may be retained and need not be paid
into the State treasury until the total amount of money
so received exceeds $500, or until the next succeeding
1st or 15th day of each month (or until the next business
day if these days fall on Sunday or a holiday), whichever
is earlier, at which earlier time such money shall be
paid into the State treasury, except that if a local bank
or savings and loan association account has been
authorized by law, any balances shall be paid into the
State treasury on Monday of each week if more than $500
is to be deposited in any fund.
Single items of receipt exceeding $10,000 received after
2 p.m. on a working day may be deemed to have been received
on the next working day for purposes of fulfilling the
requirement that the item be deposited on the day of actual
physical receipt.
No money belonging to or left for the use of the State
shall be expended or applied except in consequence of an
appropriation made by law and upon the warrant of the State
Comptroller. However, payments made by the Comptroller to
persons by direct deposit need not be made upon the warrant
of the Comptroller, but if not made upon a warrant, shall be
made in accordance with Section 9.02 of the State Comptroller
Act. All moneys so paid into the State treasury shall,
unless required by some statute to be held in the State
treasury in a separate or special fund, be covered into the
General Revenue Fund in the State treasury. Moneys received
in the form of checks, drafts or similar instruments shall be
properly endorsed, if necessary, and delivered to the State
Treasurer for collection. The State Treasurer shall remit
such collected funds to the depositing officer, board,
commission, commissioner, department, institution, arm or
agency by Treasurers Draft or through electronic funds
transfer. The draft or notification of the electronic funds
transfer shall be provided to the State Comptroller to allow
deposit into the appropriate fund.
(b) Different time periods for the payment of public
funds into the State treasury or to the State Treasurer, in
excess of the periods established in subsection (a) of this
Section, but not in excess of 30 days after receipt of such
funds, may be established and revised from time to time by
rules or regulations promulgated jointly by the State
Treasurer and the State Comptroller in accordance with the
Illinois Administrative Procedure Act. The different time
periods established by rule or regulation under this
subsection may vary according to the nature and amounts of
the funds received, the locations at which the funds are
received, whether compliance with the deposit requirements
specified in subsection (a) of this Section would be cost
effective, and such other circumstances and conditions as the
promulgating authorities consider to be appropriate. The
Treasurer and the Comptroller shall review all such different
time periods established pursuant to this subsection every 2
years from the establishment thereof and upon such review,
unless it is determined that it is economically unfeasible
for the agency to comply with the provisions of subsection
(a), shall repeal such different time period.
(Source: P.A. 90-37, eff. 6-27-97; 90-655, eff. 7-30-98;
91-239, eff. 1-1-00.)
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