State of Illinois
90th General Assembly

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[ Introduced ]


      15 ILCS 405/9.04          from Ch. 15, par. 209.04
      15 ILCS 405/10.05         from Ch. 15, par. 210.05
      15 ILCS 405/10.08         from Ch. 15, par. 210.08
      15 ILCS 405/10.12         from Ch. 15, par. 210.12
      15 ILCS 405/10.17         from Ch. 15, par. 210.17
      15 ILCS 405/14.01 new
      15 ILCS 505/8             from Ch. 130, par. 8
      15 ILCS 505/9             from Ch. 130, par. 9
      30 ILCS 230/2             from Ch. 127, par. 171
          Amends the State Comptroller  Act,  the  State  Treasurer
      Act,  and  the State Officers and Employees Money Disposition
      Act.  Requires  the  Comptroller  to  notify  the  submitting
      agency  of  the  rejection  of a voucher (now the return of a
      voucher), the reason for refusal to draw a warrant, or of the
      cancellation of  a  warrant.   Requires  the  Comptroller  to
      notify (now notify in writing) the payee and the State agency
      of  reasons  for  deductions  from  warrants.   Requires  the
      Comptroller   to   record   his   or  her  approval  of  (now
      countersign) receipts for moneys  issued  by  the  Treasurer.
      Authorizes  the  use of digital signatures for communications
      between the Comptroller and State  agencies  and  to  deposit
      funds into the State Treasury. Effective immediately.
HB0276 Engrossed                               LRB9001470MWcd
 1        AN  ACT  concerning the State Comptroller, amending named
 2    Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  State  Comptroller  Act  is amended by
 6    changing Sections 9.04, 10.05, 10.08, 10.12,  and  10.17  and
 7    adding Section 14.01 as follows:
 8        (15 ILCS 405/9.04) (from Ch. 15, par. 209.04)
 9        Sec.   9.04.    Benefits   recoverable   under   Workers'
10    Compensation  Act  and  Workers'  Occupational  Diseases Act.
11    Whenever the Comptroller  has  been  notified  by  the  State
12    Employees'  Retirement  System  of  Illinois  of  a claim for
13    recovery of excess benefits paid which are  recoverable  from
14    benefits  payable  under the Workers' Compensation Act or the
15    Workers' Occupational Diseases  Act,  the  Comptroller  shall
16    review   all  vouchers  presented  for  payment  of  Workers'
17    Compensation or Occupational Disease benefits to the  injured
18    party,  and  shall reject and notify return to the submitting
19    agency of any such voucher which is subject to  the  recovery
20    claim of the State Employees' Retirement System.
21        Upon receiving notification of the rejection of a voucher
22    returned under this Section, the State agency shall reprocess
23    the   voucher  to  provide  for  (1)  payment  to  the  State
24    Employees' Retirement System to satisfy its  recovery  claim,
25    and  (2)  payment  of  any excess to the original payee.  The
26    State agency shall then  promptly  resubmit  the  reprocessed
27    voucher to the Comptroller.
28    (Source: P.A. 84-1472.)
29        (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
30        Sec.  10.05.   Deductions  from  warrants;  statement  of
HB0276 Engrossed            -2-                LRB9001470MWcd
 1    reason  for  deduction. Whenever any person shall be entitled
 2    to a warrant or other payment  from  the  treasury  or  other
 3    funds  held  by  the State Treasurer, on any account, against
 4    whom there shall be any account or  claim  in  favor  of  the
 5    State,   then   due   and   payable,  the  Comptroller,  upon
 6    notification thereof, shall  ascertain  the  amount  due  and
 7    payable to the State, as aforesaid, and draw a warrant on the
 8    treasury  or  on  other  funds  held  by the State Treasurer,
 9    stating the amount for which the  party  was  entitled  to  a
10    warrant  or other payment, the amount deducted therefrom, and
11    on what account, and directing the payment  of  the  balance;
12    which  warrant or payment as so drawn shall be entered on the
13    books of the Treasurer, and such balance only shall be  paid.
14    The  Comptroller may deduct the entire amount due and payable
15    to the State or may deduct a portion of the  amount  due  and
16    payable  to  the  State in accordance with the request of the
17    notifying agency.  No request from a notifying agency for  an
18    amount  to  be  deducted  under  this  Section from a wage or
19    salary  payment,  or  from  a  contractual  payment   to   an
20    individual for personal services, shall exceed 25% of the net
21    amount  of such payment.  "Net amount" means that part of the
22    earnings of an individual remaining after  deduction  of  any
23    amounts required by law to be withheld.  For purposes of this
24    provision,  wage,  salary  or  other  payments  for  personal
25    services  shall  not  include final compensation payments for
26    the value  of  accrued  vacation,  overtime  or  sick  leave.
27    Whenever  the  Comptroller draws a warrant or makes a payment
28    involving  a  deduction  ordered  under  this  Section,   the
29    Comptroller  shall notify the payee and the State agency that
30    submitted the voucher of the  reason  for  the  deduction  he
31    shall send copies of the voucher which authorized the warrant
32    or  payment  together  with a written statement of the reason
33    for the deduction  to  the  payee  and  to  the  agency  that
34    originated   the   voucher   or   sent  the  voucher  to  the
HB0276 Engrossed            -3-                LRB9001470MWcd
 1    Comptroller, and he or she shall retain a record copy of such
 2    written statement in his or her  records.  As  used  in  this
 3    Section, an "account or claim in favor of the State" includes
 4    all amounts owing to "State agencies" as defined in Section 7
 5    of  this  Act. However, the Comptroller shall not be required
 6    to accept accounts or claims owing to funds not held  by  the
 7    State  Treasurer, where such accounts or claims do not exceed
 8    $50, nor shall the Comptroller deduct from funds held by  the
 9    State  Treasurer  under  the  Senior  Citizens  and  Disabled
10    Persons  Property  Tax  Relief  and Pharmaceutical Assistance
11    Act. The Comptroller and the Department of the Lottery  shall
12    enter    into   an   interagency   agreement   to   establish
13    responsibility, duties, and procedures relating to deductions
14    from  lottery  prizes  awarded  under  Section  20.1  of  the
15    Illinois Lottery Law.
16    (Source: P.A. 87-1197.)
17        (15 ILCS 405/10.08) (from Ch. 15, par. 210.08)
18        Sec. 10.08.  Warrants undeliverable to the payee. If  any
19    warrant  is  undeliverable to the payee, it shall be returned
20    to the comptroller, who  shall  if  he  determines  that  the
21    warrant  is  undeliverable  mark  the  face  of  the  warrant
22    "Cancelled  for  Redeposit",  cancel the warrant and transmit
23    written notice to the vouchering agency of such cancellation.
24        Upon receiving a  warrant  returned  for  redeposit,  the
25    comptroller  may  redeposit  it  with  the  State  Treasurer.
26    Warrants  mailed  by  the  comptroller  to  the payee (or the
27    payee's designated addressee) may be considered undeliverable
28    if  returned  by  the  United  States  Postal  Service  after
29    attempted delivery or may be remailed once by the comptroller
30    within 30 days of the date of return to a  corrected  address
31    supplied  by  the  issuing agency except that warrants paying
32    grants to individuals under  The  Illinois  Public  Aid  Code
33    shall  not  be  remailed.  Warrants  returned uncashed to the
HB0276 Engrossed            -4-                LRB9001470MWcd
 1    comptroller by any State agency, or by any person other  than
 2    the payee, may, after inquiry as to its deliverability if the
 3    warrant  is  not void, be treated as an undeliverable warrant
 4    under this Section.  Warrants  returned  to  the  comptroller
 5    which  he determines to be deliverable or redeliverable shall
 6    be mailed by him to the payee or other  designated  addressee
 7    if  a reasonable time remains before the warrant shall become
 8    void.
 9    (Source: P.A. 86-657.)
10        (15 ILCS 405/10.12) (from Ch. 15, par. 210.12)
11        Sec. 10.12. Record  of  receipts  for  moneys  issued  by
12    treasurer;  charge  of  account. The comptroller shall record
13    his or her approval of countersign all  receipts  for  moneys
14    issued  by  the  treasurer, and charge the treasurer with the
15    amount thereof.
16    (Source: P.A. 77-2807.)
17        (15 ILCS 405/10.17) (from Ch. 15, par. 210.17)
18        Sec.  10.17.  Refusal  to  draw  warrant.  Whenever   the
19    comptroller  shall  refuse  to draw a warrant pursuant to any
20    voucher, the comptroller shall notify the  submitting  agency
21    of  the  reason  for  the refusal he shall return the voucher
22    together with a written statement  of  the  reasons  for  his
23    disapproval  to the agency which transmitted the voucher, and
24    shall retain a record of  the  disapproved  voucher.  If  the
25    agency  receiving  the  voucher  and  statement  is  not  the
26    originating   agency,  it  shall  transmit  such  information
27    documents within 3 days to the originating agency.
28    (Source: P.A. 83-537.)
29        (15 ILCS 405/14.01 new)
30        Sec. 14.01.  Digital signatures.
31        (a)  In any communication between a State agency and  the
HB0276 Engrossed            -5-                LRB9001470MWcd
 1    Comptroller  in  which  a  signature is required or used, any
 2    party to the communication may affix a signature by use of  a
 3    digital signature that complies with the requirements of this
 4    Section.   The use of a digital signature shall have the same
 5    force and effect as the use of a manual signature if and only
 6    if it embodies all of the following attributes:
 7             (1)  It is unique to the person using it.
 8             (2)  It is capable of verification.
 9             (3)  It is under the  sole  control  of  the  person
10        using it.
11             (4)  It  is  linked to data in such a manner that if
12        the  data  are  changed,   the   digital   signature   is
13        invalidated.
14             (5)  It  conforms  to  regulations  adopted  by  the
15        Comptroller.
16        (b)  The  use  or acceptance of a digital signature shall
17    be at the option of the parties.   Nothing  in  this  Section
18    shall  require  a  State agency to use or permit the use of a
19    digital signature.
20        (c)  "Digital signature" means an electronic  identifier,
21    created  by  computer, intended by the party using it to have
22    the same force and effect as the use of a manual signature.
23        Section 10.   The  State  Treasurer  Act  is  amended  by
24    changing Sections 8 and 9 as follows:
25        (15 ILCS 505/8) (from Ch. 130, par. 8)
26        Sec.  8.   Moneys  deposited  in  treasury; Comptroller's
27    order. All persons paying money into the state treasury shall
28    first obtain from the State Comptroller an  order,  directing
29    the Treasurer to receive the same; and if the Treasurer shall
30    receive  and  receipt for any money, without such order being
31    presented to him, he  shall  be  removed  from  office.  When
32    moneys  are sent to the treasury, by express or otherwise, it
HB0276 Engrossed            -6-                LRB9001470MWcd
 1    shall be the Treasurer's duty  to  obtain  the  Comptroller's
 2    order,  hereinbefore  required,  before  receipting therefor.
 3    The order required under this Section may be prepared by  any
 4    magnetic  or electronic technology as determined to be in the
 5    best interest of the State by the Comptroller.
 6    (Source: P.A. 78-592.)
 7        (15 ILCS 505/9) (from Ch. 130, par. 9)
 8        Sec. 9. Receipt of  money  by  Treasurer.  The  Treasurer
 9    shall,  on  the  receipt of any money, give the person paying
10    the  same  a  confirmation  of  receipt  duplicate   receipts
11    therefor;  which shall be presented to the State Comptroller,
12    who shall enter his or her approval  countersign  and  notify
13    return  one  of  them  to the person presenting the same, and
14    retain a record of those approvals the other on file  in  his
15    or  her  office,  and  charge  the amount thereof against the
16    Treasurer.  No  receipt  shall  be  of  any  validity  unless
17    approved by both the Comptroller and Treasurer as provided in
18    this Section the same is so countersigned.
19    (Source: P.A. 78-592.)
20        Section  15.   The  State  Officers  and  Employees Money
21    Disposition Act is amended by changing Section 2 as follows:
22        (30 ILCS 230/2) (from Ch. 127, par. 171)
23        Sec.  2.   Accounts  of  money  received;  payment   into
24    treasury.
25        (a)   Every  officer,  board,  commission,  commissioner,
26    department, institution, arm or  agency  brought  within  the
27    provisions  of  this  Act  by  Section 1 hereof shall keep in
28    proper books  a  detailed  itemized  account  of  all  moneys
29    received  for  or on behalf of the State, showing the date of
30    receipt, the payor, and purpose and amount, and the date  and
31    manner of disbursement as hereinafter provided, and, unless a
HB0276 Engrossed            -7-                LRB9001470MWcd
 1    different  time of payment is expressly provided by law or by
 2    rules or regulations promulgated under subsection (b) of this
 3    Section, shall pay into the State treasury the  gross  amount
 4    of  money  so  received on the day of actual physical receipt
 5    with respect to any single item of receipt exceeding $10,000,
 6    within 24 hours of actual physical receipt with respect to an
 7    accumulation of receipts of $10,000 or  more,  or  within  48
 8    hours   of   actual  physical  receipt  with  respect  to  an
 9    accumulation  of  receipts  exceeding  $500  but  less   than
10    $10,000,  disregarding holidays, Saturdays and Sundays, after
11    the receipt of same, without  any  deduction  on  account  of
12    salaries,  fees,  costs,  charges,  expenses or claims of any
13    description whatever; provided that the provisions of Section
14    39b32 of the Civil Administrative Code of Illinois,  approved
15    March 7, 1917, as amended, and the provisions of any specific
16    taxing  statute  authorizing  a  claim  for  credit procedure
17    instead of the actual making of refunds, and  the  provisions
18    of  Section  505 of "The Illinois Controlled Substances Act",
19    approved  August  16,  1971,  as  amended,  authorizing   the
20    Director  of  State  Police to dispose of forfeited property,
21    which includes the sale and disposition of  the  proceeds  of
22    the sale of forfeited property, and the Department of Central
23    Management  Services to be reimbursed for costs incurred with
24    the sales of forfeited vehicles, boats or aircraft and to pay
25    to  bona  fide  or  innocent  purchasers,  conditional  sales
26    vendors or mortgagees of such  vehicles,  boats  or  aircraft
27    their  interest  in such vehicles, boats or aircraft, and the
28    provisions of Section 6b-2 of An Act  in  relation  to  State
29    finance,  approved  June  10,  1919, as amended, establishing
30    procedures for  handling  cash  receipts  from  the  sale  of
31    pari-mutuel  wagering  tickets,  shall not be deemed to be in
32    conflict with the requirements  of  this  Section;  provided,
33    further  that  any  fees  received  by the State Registrar of
34    Vital Records pursuant to the Vital  Records  Act  which  are
HB0276 Engrossed            -8-                LRB9001470MWcd
 1    insufficient  in  amount  may be returned by the Registrar as
 2    provided in that Act; provided, further that if the amount of
 3    money received does  not  exceed  $500,  such  money  may  be
 4    retained  and  need not be paid into the State treasury until
 5    the total amount of money so received exceeds $500, or  until
 6    the  next  succeeding 1st or 15th day of each month (or until
 7    the next business day if these  days  fall  on  Sunday  or  a
 8    holiday),  whichever  is  earlier, at which earlier time such
 9    money shall be paid into the State treasury, except that if a
10    local bank or savings and loan association account  has  been
11    authorized  by law, any balances shall be paid into the State
12    treasury on Monday of each week if more than $500  is  to  be
13    deposited  in  any  fund.   Single items of receipt exceeding
14    $10,000 received after 2 p.m. on a working day may be  deemed
15    to have been received on the next working day for purposes of
16    fulfilling  the requirement that the item be deposited on the
17    day of actual physical receipt.  No  money  belonging  to  or
18    left  for  the  use of the State shall be expended or applied
19    except in consequence of an appropriation  made  by  law  and
20    upon the warrant of the State Comptroller.  However, payments
21    made by the Comptroller to persons receiving benefit payments
22    under  the State pension systems and to individuals receiving
23    assistance under Article III  of  "The  Illinois  Public  Aid
24    Code"  by direct deposit need not be made upon the warrant of
25    the Comptroller, but if not made upon  a  warrant,  shall  be
26    made   in   accordance   with  Section  9.02  of  the  "State
27    Comptroller Act".  All moneys so paid into the State treasury
28    shall, unless required by some statute  to  be  held  in  the
29    State treasury in a separate or special fund, be covered into
30    the  general  revenue  fund  into the State treasury.  Moneys
31    received in the form of checks, drafts or similar instruments
32    shall be properly endorsed, if necessary,  and  delivered  to
33    the State Treasurer for collection. The State Treasurer shall
34    remit  such collected funds to the depositing officer, board,
HB0276 Engrossed            -9-                LRB9001470MWcd
 1    commission, commissioner,  department,  institution,  arm  or
 2    agency  by  Treasurers  Draft  or  through  electronic  funds
 3    transfer.  Said draft or notification of the electronic funds
 4    transfer shall be provided remitted  to  the  Comptroller  to
 5    allow deposit be ordered into the appropriate fund.
 6        (b)  Different  time  periods  for  the payment of public
 7    funds into the State treasury or to the State  Treasurer,  in
 8    excess  of  the periods established in subsection (a) of this
 9    Section, but not in excess of 30 days after receipt  of  such
10    funds,  may  be  established and revised from time to time by
11    rules  or  regulations  promulgated  jointly  by  the   State
12    Treasurer  and  the State Comptroller in accordance with "The
13    Illinois Administrative Procedure  Act",  approved  September
14    22, 1975, as amended.  The different time periods established
15    by   rule  or  regulation  under  this  subsection  may  vary
16    according to the nature and amounts of  the  funds  received,
17    the  locations  at  which  the  funds  are  received, whether
18    compliance  with  the  deposit  requirements   specified   in
19    subsection  (a)  of this Section would be cost effective, and
20    such other circumstances and conditions as  the  promulgating
21    authorities consider to be appropriate. The Treasurer and the
22    Comptroller  shall  review  all  such  different time periods
23    established pursuant to this subsection every  2  years  from
24    the  establishment thereof and upon such review, unless it is
25    determined that it is economically unfeasible for the  agency
26    to  comply with the provisions of subsection (a), repeal such
27    different time period.
28    (Source: P.A. 85-1440.)
29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.

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