Illinois General Assembly - Full Text of HB2266
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Full Text of HB2266  101st General Assembly




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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 changing
5Sections 16, 20, and 23.7 as follows:
6    (15 ILCS 405/16)  (from Ch. 15, par. 216)
7    Sec. 16. Reports from State agencies. The comptroller shall
8prescribe the form and require the filing of quarterly fiscal
9reports by each State agency. Within 30 days after the end of
10each quarter, or at such earlier time as the comptroller by
11rule requires, each State agency shall file with the
12comptroller the report of activity for funds held outside of
13the State Treasury. The report shall include of its receipts
14and collections during the preceding quarter, including
15receipts and collections of taxes and fees, bond proceeds,
16funds and fund authorizations from sources other than
17appropriation by the General Assembly, gifts, grants and
18donations, and income from revenue producing activities or
19property of or under the control of the agency. The report
20shall specify the nature, source and fair market value of any
21assets received, any increase or decrease in its security
22holdings (other than those held by the State Treasurer), and
23such other related information as the comptroller, by rule,



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1requires. The report shall, consistent with the uniform State
2accounting system, account for all disbursements and
3encumbrances, transfers, and releases of encumbrances upon
4assets held by the State agency, except any assets held in
5trust for another State agency or person, and any additional
6accounting as may be determined by the comptroller to be
7necessary for his maintenance of accurate encumbrance accounts
8for State agencies. The report shall include a separate
9accounting for each revenue bond issue administered by the
10particular agency, and shall indicate any changes in authorized
11or outstanding indebtedness of the agency or of the State
12through the agency. This Section does not require the
13duplication of reports concerning security holdings and
14investment income of the State Treasurer which are issued by
15the Treasurer pursuant to law.
16    In addition to the quarterly reports required by this
17Section, each agency shall on an annual basis file a report
18giving that agency's best estimate of the cost of each tax
19expenditure related to each of the revenue sources administered
20by the agency. This annual report shall include the agency's
21best estimate of the cost of each tax expenditure including:
22(a) a citation of the legal authority for the tax expenditure,
23the year it was enacted, the fiscal year in which it first took
24effect, and any subsequent amendments; (b) to the extent that
25it can be determined, the total cost of the tax expenditure for
26the preceding fiscal year together with an estimate of the



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1projected cost for the next succeeding fiscal year along with a
2description of the methodology used to determine or estimate
3the cost of the tax expenditure; and (c) an assessment of the
4impact of the tax expenditure on the incidence of the tax in
5terms of the relative shares of revenue received under the
6provisions of the tax expenditure and the revenue that would
7have been received had the tax expenditure not been in effect.
8For purposes of this Act, the term "tax expenditure" means any
9tax incentive authorized by law that by exemption, exclusion,
10deduction, allowance, credit, preferential tax rate,
11abatement, or other device reduces the amount of tax revenues
12that would otherwise accrue to the State.
13(Source: P.A. 87-847.)
14    (15 ILCS 405/20)  (from Ch. 15, par. 220)
15    Sec. 20. Annual report. The Comptroller shall annually, as
16soon as possible after the close of the fiscal year but no
17later than December 31, make available on the Comptroller's
18website make out and present to the Governor, the President of
19the Senate, the Speaker of the House of Representatives, the
20Minority Leader of the Senate, and the Minority Leader of the
21House of Representatives a report, showing the amount of
22warrants drawn on the treasury, on other funds held by the
23State Treasurer and on any public funds held by State agencies,
24during the preceding fiscal year, and stating, particularly, on
25what account they were drawn, and if drawn on the contingent



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1fund, to whom and for what they were issued. He or she shall,
2also, at the same time, report to the Governor, the President
3of the Senate, the Speaker of the House of Representatives, the
4Minority Leader of the Senate, and the Minority Leader of the
5House of Representatives the amount of money received into the
6treasury, into other funds held by the State Treasurer and into
7any other funds held by State agencies during the preceding
8fiscal year, and stating particularly, the source from which
9the same may be derived, and also a general account of all the
10business of his office during the preceding fiscal year. The
11report shall also summarize for the previous fiscal year the
12information required under Section 19.
13    Within 60 days after the expiration of each calendar year,
14the Comptroller shall compile, from records maintained and
15available in his office, a list of all persons including those
16employed in the Office of the Comptroller, who have been
17employed by the State during the past calendar year and paid
18from funds in the hands of the State Treasurer.
19    The list shall be arranged according to counties and shall
20state in alphabetical order the name of each employee, the
21county in which he or she resides the address in the county in
22which he votes, except as specified below, the position, and
23the total salary paid to him or her during the past calendar
24year, rounded to the nearest hundred dollar. For persons
25employed by the Department of Corrections, Department of
26Children and Family Services, Department of Juvenile Justice,



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1Office of the State's Attorneys Appellate Prosecutor, and the
2Department of State Police, as well as their spouses, no
3address shall be listed. The list so compiled and arranged
4shall be kept on file in the office of the Comptroller and be
5open to inspection by the public at all times.
6    No person who utilizes the names obtained from this list
7for solicitation shall represent that such solicitation is
8authorized by any officer or agency of the State of Illinois.
9Violation of this provision is a Business Offense punishable by
10a fine not to exceed $3,000.
11(Source: P.A. 100-253, eff. 1-1-18.)
12    (15 ILCS 405/23.7)
13    Sec. 23.7. Comptroller; local government and school
14district registry. The Comptroller shall establish and
15maintain a registry of all units of local government and school
16districts within the State. Within 60 days following the
17creation or dissolution of a unit of local government or school
18district, each county clerk shall provide to the Comptroller
19information for the registry in a manner prescribed by the
20Comptroller. Information in the registry may include, but shall
21not be limited to, the name, address, and type of government
22unit, the names of current elected or appointed office holders,
23and such other information as the Comptroller may determine.
24Each county clerk shall notify the Comptroller upon learning of
25the creation or dissolution of any unit of local government or



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1school district.
2(Source: P.A. 98-497, eff. 8-16-13.)
3    Section 10. The State Finance Act is amended by changing
4Section 9.02 as follows:
5    (30 ILCS 105/9.02)  (from Ch. 127, par. 145c)
6    Sec. 9.02. Vouchers; signature; delegation; electronic
8    (a)(1) Any new contract or contract renewal in the amount
9of $250,000 or more in a fiscal year, or any order against a
10master contract in the amount of $250,000 or more in a fiscal
11year, or any contract amendment or change to an existing
12contract that increases the value of the contract to or by
13$250,000 or more in a fiscal year, shall be signed or approved
14in writing by the chief executive officer of the agency, and
15shall also be signed or approved in writing by the agency's
16chief legal counsel and chief fiscal officer. If the agency
17does not have a chief legal counsel or a chief fiscal officer,
18the chief executive officer of the agency shall designate in
19writing a senior executive as the individual responsible for
20signature or approval.
21    (2) No document identified in paragraph (1) may be filed
22with the Comptroller, nor may any authorization for payment
23pursuant to such documents be filed with the Comptroller, if
24the required signatures or approvals are lacking.



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1    (3) Any person who, with knowledge the signatures or
2approvals required in paragraph (1) are lacking, either files
3or directs another to file documents or payment authorizations
4in violation of paragraph (2) shall be subject to discipline up
5to and including discharge.
6    (4) Procurements shall not be artificially divided so as to
7avoid the necessity of complying with paragraph (1).
8    (5) Each State agency shall develop and implement
9procedures to ensure the necessary signatures or approvals are
10obtained. Each State agency may establish, maintain and follow
11procedures that are more restrictive than those required
13    (6) This subsection (a) applies to all State agencies as
14defined in Section 1-7 of the Illinois State Auditing Act,
15which includes without limitation the General Assembly and its
16agencies. For purposes of this subsection (a), in the case of
17the General Assembly, the "chief executive officer of the
18agency" means (i) the Senate Operations Commission for Senate
19general operations as provided in Section 4 of the General
20Assembly Operations Act, (ii) the Speaker of the House of
21Representatives for House general operations as provided in
22Section 5 of the General Assembly Operations Act, (iii) the
23Speaker of the House for majority leadership staff and
24operations, (iv) the Minority Leader of the House for minority
25leadership staff and operations, (v) the President of the
26Senate for majority leadership staff and operations, (vi) the



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1Minority Leader of the Senate for minority staff and
2operations, and (vii) the Joint Committee on Legislative
3Support Services for the legislative support services agencies
4as provided in the Legislative Commission Reorganization Act of
6    (b)(1) Every voucher or corresponding balancing report, as
7submitted by the agency or office in which it originates, shall
8bear (i) the signature of the officer responsible for approving
9and certifying vouchers under this Act and (ii) if authority to
10sign the responsible officer's name has been properly
11delegated, also the signature of the person actually signing
12the voucher.
13    (2) When an officer delegates authority to approve and
14certify vouchers, he shall send a copy of such authorization
15containing the signature of the person to whom delegation is
16made to each office that checks or approves such vouchers and
17to the State Comptroller. Such delegation may be general or
18limited. If the delegation is limited, the authorization shall
19designate the particular types of vouchers that the person is
20authorized to approve and certify.
21    (3) When any delegation of authority hereunder is revoked,
22a copy of the revocation of authority shall be sent to the
23Comptroller and to each office to which a copy of the
24authorization was sent.
25    The Comptroller may require State agencies to maintain
26signature documents and records of delegations of voucher



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1signature authority and revocations of those delegations,
2instead of transmitting those documents to the Comptroller. The
3Comptroller may inspect such documents and records at any time.
4    (c) The Comptroller may authorize the submission of
5vouchers through electronic transmissions, on magnetic tape,
6or otherwise.
7(Source: P.A. 89-360, eff. 8-17-95; 90-452, eff. 8-16-97.)
8    Section 15. The Illinois State Collection Act of 1986 is
9amended by changing Section 4 as follows:
10    (30 ILCS 210/4)  (from Ch. 15, par. 154)
11    Sec. 4. (a) The Comptroller shall provide by rule
12appropriate procedures for State agencies to follow in
13establishing and recording within the State accounting system
14records of amounts owed to the State of Illinois. The rules of
15the Comptroller shall include, but are not limited to:
16        (1) the manner by which State agencies shall recognize
17    debts;
18        (2) systems to age accounts receivable of State
19    agencies;
20        (3) standards by which State agencies' claims may be
21    entered and removed from the Comptroller's Offset System
22    authorized by Section 10.05 of the State Comptroller Act;
23        (4) accounting procedures for estimating the amount of
24    uncollectible receivables of State agencies; and



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1        (5) accounting procedures for writing off bad debts and
2    uncollectible claims prior to referring them to the
3    Department of Revenue Collections Bureau for collection.
4    (b) State agencies shall report to the Comptroller
5information concerning their accounts receivable and
6uncollectible claims in accordance with the rules of the
7Comptroller, which may provide for summary reporting. The
8Department of Revenue is exempt from the provisions of this
9subsection with regard to debts the confidentiality of which
10the Department of Revenue is required by law to maintain.
11    (c) The rules of the Comptroller authorized by this Section
12may specify varying procedures and forms of reporting dependent
13upon the nature and amount of the account receivable or
14uncollectible claim, the age of the debt, the probability of
15collection and such other factors that will increase the net
16benefit to the State of the collection effort.
17    (d) The Comptroller shall report annually by March 14, to
18the Governor and the General Assembly, the amount of all
19delinquent debt owed to each State agency as of December 31 of
20the previous calendar year. The report required under this
21subsection (d) shall be made available on the Comptroller's
23(Source: P.A. 93-570, eff. 8-20-03.)
24    Section 20. The Counties Code is amended by adding Section
253-2014 as follows:



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1    (55 ILCS 5/3-2014 new)
2    Sec. 3-2014. Local government and school district
3registry. Within 60 days following the creation or dissolution
4of a unit of local government or school district, each county
5clerk shall provide to the Comptroller information for the
6registry required under Section 23.7 of the State Comptroller
7Act in a manner prescribed by the Comptroller.
8    Section 25. The Illinois Pre-Need Cemetery Sales Act is
9amended by changing Section 22 as follows:
10    (815 ILCS 390/22)  (from Ch. 21, par. 222)
11    Sec. 22. Cemetery Consumer Protection Fund.
12    (a) Every seller engaging in pre-need sales shall pay to
13the Comptroller $5 for each said contract entered into, to be
14paid into a special income earning fund hereby created in the
15State Treasury, known as the Cemetery Consumer Protection Fund.
16The above said fees shall be remitted to the Comptroller
17semi-annually within 30 days after the end of June and December
18for all contracts that have been entered in such 6 month
20    (b) All monies paid into the fund together with all
21accumulated undistributed income thereon shall be held as a
22special fund in the State Treasury. The fund shall be used
23solely for the purpose of providing restitution to consumers



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1who have suffered pecuniary loss arising out of pre-need sales,
2to help pay expenses of cemeteries or mausoleums in
3court-ordered receivership, or to satisfy Receiver's fees
4ordered by the Circuit Court prior to June 30, 2004.
5    (c) Restitution or reimbursement for pre-need merchandise
6or services shall not exceed the reasonable average regional
7cost of the contracted merchandise at current prices. The fund
8shall be applied only to restitution or completion of the
9project or delivery of the merchandise or services, where such
10has been ordered by the Circuit Court in a lawsuit brought
11under this Act by the Attorney General of the State of Illinois
12on behalf of the Comptroller and in which it has been
13determined by the Court that the obligation is non-collectible
14from the judgment debtor. Restitution shall not exceed the
15amount of the sales price paid plus interest at the statutory
16rate. The fund shall not be used for the payment of any
17attorney or other fees.
18    (d) Whenever restitution is paid by the fund, the fund
19shall be subrogated to the amount of such restitution, and the
20Comptroller shall request the Attorney General to engage in all
21reasonable post judgment collection steps to collect said
22restitution from the judgment debtor and reimburse the fund.
23    (e) (Blank). The fund shall not be applied toward any
24restitution for losses in any lawsuit initiated by the Attorney
25General or Comptroller or with respect to any claim made on
26pre-need sales which occurred prior to the effective date of



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1this Act.
2    (f) The fund may not be allocated for any purpose other
3than that specified in this Act.
4    (g) Notwithstanding any other provision of this Section,
5the payment of restitution from the fund shall be a matter of
6grace and not of right and no purchaser shall have any vested
7rights in the fund as a beneficiary or otherwise. Prior to
8seeking restitution from the fund, a purchaser or beneficiary
9seeking payment of restitution shall apply for restitution on a
10form provided by the Comptroller. The form shall include any
11information the Comptroller may reasonably require in order for
12the Comptroller Court to determine that restitution or
13reimbursement for cemetery completion of the project or
14delivery of merchandise or services service is appropriate.
15    (h) Annually, the status of the fund shall be reviewed by
16the Comptroller, and if she or he determines that the fund
17together with all accumulated income earned thereon, equals or
18exceeds $10,000,000 and that the total number of outstanding
19claims filed against the fund is less than 10% of the fund's
20current balance, then payments to the fund pursuant to
21subsection (a) of this Section shall be suspended until such
22time as the fund's balance drops below $10,000,000 or the total
23number of outstanding claims filed against the fund is more
24than 10% of the fund's current balance, but on such suspension,
25the fund shall not be considered inactive.
26(Source: P.A. 92-419, eff. 1-1-02; 93-839, eff. 7-30-04.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.



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2 Statutes amended in order of appearance
3    15 ILCS 405/16from Ch. 15, par. 216
4    15 ILCS 405/20from Ch. 15, par. 220
5    15 ILCS 405/23.7
6    30 ILCS 210/4from Ch. 15, par. 154
7    55 ILCS 5/3-2014 new
8    815 ILCS 390/22from Ch. 21, par. 222