103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2406

 

Introduced 2/10/2023, by Sen. Doris Turner

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 405/9  from Ch. 15, par. 209
15 ILCS 405/20  from Ch. 15, par. 220
15 ILCS 405/28
30 ILCS 105/5  from Ch. 127, par. 141
30 ILCS 105/13.3  from Ch. 127, par. 149.3

     Amends the State Comptroller Act. Deletes a provision that requires the Comptroller's list of State employee to describe the counties in which employees reside. Provides that an itemized voucher for under $5 that is presented to the Comptroller for payment may be paid through electronic funds transfer. Amends the State Finance Act. Provides that, when any special fund in the State Treasury has been inactive for 18 months or longer, the Comptroller may (rather than shall) terminate the fund. Provides that any rule adopted by the Comptroller for the use of purchasing cards by State agencies to pay for purchases that otherwise may be paid out of the agency's petty cash fund shall impose a single transaction limit not greater than $1000 (previously $500).


LRB103 26057 DTM 52412 b

 

 

A BILL FOR

 

SB2406LRB103 26057 DTM 52412 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Comptroller Act is amended by
5changing Sections 9, 20, and 28 as follows:
 
6    (15 ILCS 405/9)  (from Ch. 15, par. 209)
7    Sec. 9. Warrants; vouchers; preaudit.
8    (a) No payment may be made from public funds held by the
9State Treasurer in or outside of the State treasury, except by
10warrant drawn by the Comptroller and presented by him to the
11treasurer to be countersigned except for payments made
12pursuant to Section 9.03 or 9.05 of this Act.
13    (b) No warrant for the payment of money by the State
14Treasurer may be drawn by the Comptroller without the
15presentation of itemized vouchers indicating that the
16obligation or expenditure is pursuant to law and authorized,
17and authorizing the Comptroller to order payment.
18    (b-1) An itemized voucher for under $5 that is presented
19to the Comptroller for payment may shall not be paid except
20through electronic funds transfer. This subsection (b-1) does
21not apply to (i) vouchers presented by the legislative branch
22of State government, (ii) vouchers presented by the State
23Treasurer's Office for the payment of unclaimed property

 

 

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1claims authorized under the Revised Uniform Unclaimed Property
2Act, or (iii) vouchers presented by the Department of Revenue
3for the payment of refunds of taxes administered by the
4Department.
5    (c) The Comptroller shall examine each voucher required by
6law to be filed with him and determine whether unencumbered
7appropriations or unencumbered obligational or expenditure
8authority other than by appropriation are legally available to
9incur the obligation or to make the expenditure of public
10funds. If he determines that unencumbered appropriations or
11other obligational or expenditure authority are not available
12from which to incur the obligation or make the expenditure,
13the Comptroller shall refuse to draw a warrant.
14    (d) The Comptroller shall examine each voucher and all
15other documentation required to accompany the voucher, and
16shall ascertain whether the voucher and documentation meet all
17requirements established by or pursuant to law. If the
18Comptroller determines that the voucher and documentation do
19not meet applicable requirements established by or pursuant to
20law, he shall refuse to draw a warrant. As used in this
21Section, "requirements established by or pursuant to law"
22includes statutory enactments and requirements established by
23rules and regulations adopted pursuant to this Act.
24    (e) Prior to drawing a warrant, the Comptroller may review
25the voucher, any documentation accompanying the voucher, and
26any other documentation related to the transaction on file

 

 

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1with him, and determine if the transaction is in accordance
2with the law. If based on his review the Comptroller has reason
3to believe that such transaction is not in accordance with the
4law, he shall refuse to draw a warrant.
5    (f) Where the Comptroller refuses to draw a warrant
6pursuant to this Section, he shall maintain separate records
7of such transactions.
8    (g) State agencies shall have the principal responsibility
9for the preaudit of their encumbrances, expenditures, and
10other transactions as otherwise required by law.
11(Source: P.A. 100-22, eff. 1-1-18.)
 
12    (15 ILCS 405/20)  (from Ch. 15, par. 220)
13    Sec. 20. Annual report. The Comptroller shall annually, as
14soon as possible after the close of the fiscal year but no
15later than December 31, make available on the Comptroller's
16website a report, showing the amount of warrants drawn on the
17treasury, on other funds held by the State Treasurer and on any
18public funds held by State agencies, during the preceding
19fiscal year, and stating, particularly, on what account they
20were drawn, and if drawn on the contingent fund, to whom and
21for what they were issued. He or she shall, also, at the same
22time, report the amount of money received into the treasury,
23into other funds held by the State Treasurer and into any other
24funds held by State agencies during the preceding fiscal year,
25and also a general account of all the business of his office

 

 

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1during the preceding fiscal year. The report shall also
2summarize for the previous fiscal year the information
3required under Section 19.
4    Within 60 days after the expiration of each calendar year,
5the Comptroller shall compile, from records maintained and
6available in his office, a list of all persons including those
7employed in the Office of the Comptroller, who have been
8employed by the State during the past calendar year and paid
9from funds in the hands of the State Treasurer.
10    The list shall state in alphabetical order the name of
11each employee, the county in which he or she resides, the
12position, and the total salary paid to him or her during the
13past calendar year, rounded to the nearest hundred dollars.
14The list so compiled and arranged shall be kept on file in the
15office of the Comptroller and be open to inspection by the
16public at all times.
17    No person who utilizes the names obtained from this list
18for solicitation shall represent that such solicitation is
19authorized by any officer or agency of the State of Illinois.
20Violation of this provision is a business offense punishable
21by a fine not to exceed $3,000.
22(Source: P.A. 101-34, eff. 6-28-19; 101-620, eff. 12-20-19;
23102-558, eff. 8-20-21.)
 
24    (15 ILCS 405/28)
25    Sec. 28. State Comptroller purchase of real property.

 

 

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1    (a) Subject to the provisions of the Public Contract Fraud
2Act, the State Comptroller, on behalf of the State of
3Illinois, is authorized during State fiscal years 2021 and
42022 to acquire real property located in the City of
5Springfield, which the State Comptroller deems necessary to
6properly carry out the powers and duties vested in him or her.
7Real property acquired under this Section may be acquired
8subject to any third party interests in the property that do
9not prevent the State Comptroller from exercising the intended
10beneficial use of such property. This subsection (a) is
11inoperative on and after July 1, 2022.
12    (b) Subject to the provisions of the Comptroller's
13Procurement Rules, which shall be substantially in accordance
14with the requirements of the Illinois Procurement Code, the
15State Comptroller may:
16        (1) enter into contracts relating to construction,
17    reconstruction, or renovation projects for any such
18    buildings or lands acquired under subsection (a); and
19        (2) equip, lease, repair, operate, and maintain those
20    grounds, buildings, and facilities as may be appropriate
21    to carry out his or her statutory purposes and duties.
22    (c) The State Comptroller may enter into agreements for
23the purposes of exercising his or her authority under this
24Section.
25    (d) The exercise of the authority vested in the
26Comptroller to acquire property under this Section is subject

 

 

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1to appropriation.
2    (e) The Capital Facility and Technology Modernization Fund
3is hereby created as a special fund in the State treasury.
4Subject to appropriation, moneys in the Fund shall be used by
5the Comptroller for the purchase, reconstruction, lease,
6repair, and maintenance of real property as may be acquired
7under this Section, including for expenses related to the
8modernization and maintenance of information technology
9systems and infrastructure.
10(Source: P.A. 101-665, eff. 4-2-21; 102-813, eff. 5-13-22.)
 
11    Section 10. The State Finance Act is amended by changing
12Sections 5 and 13.3 as follows:
 
13    (30 ILCS 105/5)  (from Ch. 127, par. 141)
14    Sec. 5. Special funds.
15    (a) There are special funds in the State Treasury
16designated as specified in the Sections which succeed this
17Section 5 and precede Section 6.
18    (b) Except as provided in the Illinois Vehicle Hijacking
19and Motor Vehicle Theft Prevention and Insurance Verification
20Act, when any special fund in the State Treasury is
21discontinued by an Act of the General Assembly, any balance
22remaining therein on the effective date of such Act shall be
23transferred to the General Revenue Fund, or to such other fund
24as such Act shall provide. Warrants outstanding against such

 

 

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1discontinued fund at the time of the transfer of any such
2balance therein shall be paid out of the fund to which the
3transfer was made.
4    (c) When any special fund in the State Treasury has been
5inactive for 18 months or longer, the Comptroller may
6terminate the fund, the fund is automatically terminated by
7operation of law and the balance remaining in such fund shall
8be transferred by the Comptroller to the General Revenue Fund.
9When a special fund has been terminated by the Comptroller
10operation of law as provided in this Section, the General
11Assembly shall repeal or amend all Sections of the statutes
12creating or otherwise referring to that fund.
13    The Comptroller shall be allowed the discretion to
14maintain or dissolve any federal trust fund which has been
15inactive for 18 months or longer.
16    (d) (Blank).
17    (e) (Blank).
18(Source: P.A. 102-904, eff. 1-1-23.)
 
19    (30 ILCS 105/13.3)  (from Ch. 127, par. 149.3)
20    Sec. 13.3. Petty cash funds; purchasing cards.
21    (a) Any State agency may establish and maintain petty cash
22funds for the purpose of making change, purchasing items of
23small cost, payment of postage due, and for other nominal
24expenditures which cannot be administered economically and
25efficiently through customary procurement practices.

 

 

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1    Petty cash funds may be established and maintained from
2moneys which are appropriated to the agency for Contractual
3Services. In the case of an agency which receives a single
4appropriation for its ordinary and contingent expenses, the
5agency may establish a petty cash fund from the appropriated
6funds.
7    Before the establishment of any petty cash fund, the
8agency shall submit to the State Comptroller a survey of the
9need for the fund. The survey shall also establish that
10sufficient internal accounting controls exist. The Comptroller
11shall investigate such need and if he determines that it
12exists and that adequate accounting controls exist, shall
13approve the establishment of the fund. The Comptroller shall
14have the power to revoke any approval previously made under
15this Section.
16    Petty cash funds established under this Section shall be
17operated and maintained on the imprest system and no fund
18shall exceed $1,000, except that the Department of Revenue may
19maintain a fund not exceeding $2,000 for each Department of
20Revenue facility and the Secretary of State may maintain a
21fund of not exceeding $2,000 for each Chicago Motor Vehicle
22Facility, each Springfield Public Service Facility, and the
23Motor Vehicle Facilities in Champaign, Decatur, Marion,
24Naperville, Peoria, Rockford, Granite City, Quincy, and
25Carbondale, to be used solely for the purpose of making
26change. Except for purchases made by procurement card as

 

 

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1provided in subsection (b) of this Section, single
2transactions shall be limited to amounts less than $100, and
3all transactions occurring in the fund shall be reported and
4accounted for as may be provided in the uniform accounting
5system developed by the State Comptroller and the rules and
6regulations implementing that accounting system. All amounts
7in any such fund of less than $1,000 but over $100 shall be
8kept in a checking account in a bank, or savings and loan
9association or trust company which is insured by the United
10States government or any agency of the United States
11government, except that in funds maintained in each Department
12of Revenue Facility, Chicago Motor Vehicle Facilities, each
13Springfield Public Service Facility, and the Motor Vehicle
14Facilities in Champaign, Decatur, Marion, Naperville, Peoria,
15Rockford, Granite City, Quincy, and Carbondale, all amounts in
16the fund may be retained on the premises of such facilities.
17    No bank or savings and loan association shall receive
18public funds as permitted by this Section, unless it has
19complied with the requirements established pursuant to Section
206 of "An Act relating to certain investments of public funds by
21public agencies", approved July 23, 1943, as now or hereafter
22amended.
23    An internal audit shall be performed of any petty cash
24fund which receives reimbursements of more than $5,000 in a
25fiscal year.
26    Upon succession in the custodianship of any petty cash

 

 

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1fund, both the former and successor custodians shall sign a
2statement, in triplicate, showing the exact status of the fund
3at the time of the transfer. The original copy shall be kept on
4file in the office wherein the fund exists, and each signer
5shall be entitled to retain one copy.
6    (b) The Comptroller may provide by rule for the use of
7purchasing cards by State agencies to pay for purchases that
8otherwise may be paid out of the agency's petty cash fund. Any
9rule adopted hereunder shall impose a single transaction
10limit, which shall not be greater than $1,000 $500.
11    The rules of the Comptroller may include but shall not be
12limited to:
13        (1) standards for the issuance of purchasing cards to
14    State agencies based upon the best interests of the State;
15        (2) procedures for recording purchasing card
16    transactions within the State accounting system, which may
17    provide for summary reporting;
18        (3) procedures for auditing purchasing card
19    transactions on a post-payment basis;
20        (4) standards for awarding contracts with a purchasing
21    card vendor to acquire purchasing cards for use by State
22    agencies; and
23        (5) procedures for the Comptroller to charge against
24    State agency appropriations for payment of purchasing card
25    expenditures without the use of the voucher and warrant
26    system.

 

 

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1    (c) As used in this Section, "State agency" means any
2department, officer, authority, public corporation,
3quasi-public corporation, commission, board, institution,
4State college or university, or other public agency created by
5the State, other than units of local government and school
6districts.
7(Source: P.A. 98-496, eff. 1-1-14; 98-904, eff. 8-15-14.)