Full Text of HB5189 97th General Assembly
HB5189ham003 97TH GENERAL ASSEMBLY | Rep. Franco Coladipietro Filed: 3/26/2012
| | 09700HB5189ham003 | | LRB097 18784 JDS 67977 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5189
| 2 | | AMENDMENT NO. ______. Amend House Bill 5189, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The State Comptroller Act is amended by | 6 | | changing Section 9.03 as follows:
| 7 | | (15 ILCS 405/9.03) (from Ch. 15, par. 209.03)
| 8 | | Sec. 9.03. Direct deposit of State payments. | 9 | | (a) The Comptroller, with the
approval of the State | 10 | | Treasurer, may provide by rule or regulation for the
direct | 11 | | deposit of any payment lawfully payable from the State Treasury | 12 | | and in
accordance with federal banking regulations including | 13 | | but not limited to
payments to (i) persons paid from personal | 14 | | services, (ii)
persons receiving benefit payments from the | 15 | | Comptroller under the State pension
systems, (iii) individuals | 16 | | who receive assistance under Articles III, IV,
and VI of the |
| | | 09700HB5189ham003 | - 2 - | LRB097 18784 JDS 67977 a |
|
| 1 | | Illinois Public Aid Code, (iv) providers of services under
the | 2 | | Mental Health and Developmental Disabilities
Administrative | 3 | | Act, (v)
providers of community-based mental health services, | 4 | | and (vi) providers of
services under programs administered by | 5 | | the State Board of Education, in the
accounts of those persons | 6 | | or entities maintained at a bank, savings and loan
association, | 7 | | or credit
union, where authorized by the payee. The Comptroller | 8 | | also may deposit
public aid payments for individuals who | 9 | | receive assistance under Articles
III, IV, VI, and X of the | 10 | | Illinois Public Aid Code directly into an
electronic benefits | 11 | | transfer account in a financial institution approved by
the | 12 | | State Treasurer as prescribed by the Illinois Department of | 13 | | Human
Services
and in accordance with the rules and regulations | 14 | | of that Department and the
rules and regulations adopted by the | 15 | | Comptroller and the State Treasurer.
The Comptroller, with the | 16 | | approval of the State Treasurer, may provide by
rule for the | 17 | | electronic direct deposit of payments to public agencies and | 18 | | any
other payee of the State. The electronic direct
deposits | 19 | | may be made to the designated account in those financial | 20 | | institutions
specified in this Section for the direct deposit | 21 | | of payments. Within 6 months
after the effective date of this | 22 | | amendatory Act of 1994, the Comptroller shall
establish a pilot | 23 | | program for the electronic direct deposit of payments to
local | 24 | | school districts, municipalities, and units of local | 25 | | government.
The payments may be made without the use of the | 26 | | voucher-warrant system,
provided that documentation of |
| | | 09700HB5189ham003 | - 3 - | LRB097 18784 JDS 67977 a |
|
| 1 | | approval by the Treasurer of each group of
payments made by | 2 | | direct deposit shall be retained by the Comptroller. The
form | 3 | | and method of the Treasurer's approval shall be established by | 4 | | the
rules or regulations adopted by the Comptroller under this | 5 | | Section. | 6 | | (b) Except as provided in subsection (b-5), all All State | 7 | | payments for an employee's payroll or an employee's expense | 8 | | reimbursement must be made through direct deposit. It is the | 9 | | responsibility of the paying State agency to ensure compliance | 10 | | with this mandate. If a State agency pays an employee's payroll | 11 | | or an employee's expense reimbursement without using direct | 12 | | deposit, the Comptroller may charge that employee a processing | 13 | | fee of $2.50 per paper warrant. The processing fee may be | 14 | | withheld from the employee's payment or reimbursement. The | 15 | | amount collected from the fee shall be deposited into the | 16 | | Comptroller's Administrative Fund. | 17 | | (b-5) If an employee wants their payments deposited into a | 18 | | secure check account, the employee must submit a direct deposit | 19 | | form to the paying State agency for their payroll or to the | 20 | | Comptroller for their expense reimbursements. Upon acceptance | 21 | | of the direct deposit form, the Comptroller shall disburse | 22 | | those funds to the secure check account. For the purposes of | 23 | | this Section, "secure check account" means an account | 24 | | established with a financial institution for the employee that | 25 | | allows the dispensing of the funds in the account through a | 26 | | third party who dispenses to the employee a paper check. |
| | | 09700HB5189ham003 | - 4 - | LRB097 18784 JDS 67977 a |
|
| 1 | | (c) All State payments to a vendor that exceed the | 2 | | allowable limit of paper warrants in a fiscal year, by the same | 3 | | agency, must be made through direct deposit. It is the | 4 | | responsibility of the paying State agency to ensure compliance | 5 | | with this mandate. If a State agency pays a vendor more times | 6 | | than the allowable limit in a single fiscal year without using | 7 | | direct deposit, the Comptroller may charge the vendor a | 8 | | processing fee of $2.50 per paper warrant. The processing fee | 9 | | may be withheld from the vendor's payment. The amount collected | 10 | | from the processing fee shall be deposited into the | 11 | | Comptroller's Administrative Fund. The Office of the | 12 | | Comptroller shall define "allowable limit" in the | 13 | | Comptroller's Statewide Accounting Management System (SAMS) | 14 | | manual, except that the allowable limit shall not be less than | 15 | | 30 paper warrants. The Office of the Comptroller shall also | 16 | | provide reasonable notice to all State agencies of the | 17 | | allowable limit of paper warrants. | 18 | | (d) State employees covered by provisions in collective | 19 | | bargaining agreements that do not require direct deposit of | 20 | | paychecks are exempt from this mandate. No later than 60 days | 21 | | after the effective date of this amendatory Act of the 97th | 22 | | General Assembly, all State agencies must provide to the Office | 23 | | of the Comptroller a list of employees that are exempt under | 24 | | this subsection (d) from the direct deposit mandate. In | 25 | | addition, a State employee or vendor may file a hardship | 26 | | petition with the Office of the Comptroller requesting an |
| | | 09700HB5189ham003 | - 5 - | LRB097 18784 JDS 67977 a |
|
| 1 | | exemption from the direct deposit mandate under this Section. A | 2 | | hardship petition shall be made available for download on the | 3 | | Comptroller's official Internet website. | 4 | | (e) Notwithstanding any provision of law to the contrary, | 5 | | the direct deposit of State payments under this Section for an | 6 | | employee's payroll, an employee's expense reimbursement, or a | 7 | | State vendor's payment does not authorize the State to | 8 | | automatically withdraw funds from those accounts. | 9 | | (f) For the purposes of this Section, "vendor" means a | 10 | | non-governmental entity with a taxpayer identification number | 11 | | issued by the Social Security Administration or Internal | 12 | | Revenue Service that receives payments through the | 13 | | Comptroller's commercial system. The term does not include | 14 | | State agencies. | 15 | | (g) The requirements of this Section do not apply to the | 16 | | legislative or judicial branches of State government.
| 17 | | (Source: P.A. 97-348, eff. 8-12-11.)
| 18 | | Section 99. Effective date. This Act takes effect 30 days | 19 | | after becoming law.".
|
|