Public Act 098-0411
 
HB2363 EnrolledLRB098 10438 JDS 40650 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The State Comptroller Act is amended  by changing 
Sections 10.10 and 20 as follows:
 



    (15 ILCS 405/10.10)  (from Ch. 15, par. 210.10)



    Sec. 10.10. 
(a) If any Comptroller's comptroller's warrant 
is lost, mislaid or destroyed,
or becomes void after issuance, 
so that it cannot be presented for payment
by the person 
entitled thereto, the Comptroller comptroller, at any time 
before that
warrant is paid by the State Treasurer, but within 
5 years of the
date of issuance, may issue a replacement 
warrant to the person entitled
thereto.  If the original warrant 
was not cancelled or did not become void,
the Comptroller 
comptroller, before issuing the replacement warrant, shall 
issue a stop
payment order on the State Treasurer and receive a 
confirmation of the stop
payment order on the original warrant 
from the State Treasurer. 

    (b) Only the person entitled to the original warrant, or 
his heirs or
legal representatives, or a third party to whom it 
was properly negotiated
or the heirs or legal representatives 
of such party, may request a replacement
warrant.  In the case 
of a warrant issued to a payee who dies before the
warrant is 
paid by the State Treasurer and whose estate has been probated

pursuant to law, the Comptroller comptroller, upon receipt of a 
certified copy of a
judicial order establishing the person or 
entity entitled to payment, may
issue a replacement warrant to 
such person or entity.

    (c) Within 12 months from the date of issuance of the

original warrant, if the original warrant has not been canceled 
for redeposit,
the Comptroller comptroller may issue a 
replacement warrant on the original voucher drawing
upon the 
same fund and charging the same appropriation or other 
expenditure
authorization as the original warrant.

    (d) Within 12 months from the date of issuance of the 
original
warrant, if the original warrant has been canceled for 
redeposit, and if the
issuance of the replacement warrant would 
not over-obligate the appropriation
or other expenditure 
authority against which it is drawn, the Comptroller 
comptroller may
issue the replacement warrant.  If the original 
warrant was issued against
an appropriation or other 
expenditure authority which has lapsed, the
replacement 
warrant shall be drawn on the Warrant Escheat Fund.  If the

appropriation or other obligational authority against which 
the replacement
warrant is drawn has not lapsed, the 
Comptroller comptroller shall notify the
originating agency of 
the request for a replacement warrant and shall
receive a 
replacement voucher from that agency before drawing the

replacement warrant, which shall be drawn on the same fund and 
charged to
the same appropriation or other expenditure 
authority as the original warrant.

    (e) Within 12 months from the date of issuance of the 
original
warrant, if the original warrant has been canceled for 
redeposit, the Comptroller
comptroller
may not issue a 
replacement warrant where such issuance would over-obligate

the appropriation or other expenditure authority against which 
the original
warrant was drawn.  Whenever the Comptroller 
comptroller is presented with a request
for a replacement 
warrant which may not be issued under the limitation of
this 
subsection, if the appropriation or other expenditure 
authority
against which the original warrant was drawn has not 
lapsed, the Comptroller comptroller
shall immediately inform 
the originating agency of the request and that
the request may 
not be honored because of the resulting
over-obligation, and 
shall request the agency to determine whether or not
that 
agency will take some corrective action before the applicable 
expenditure
authorization lapses.  The originating agency shall 
respond to the Comptroller's
comptroller's inquiry within 5 
business days.

    (f) After 12 months from the date of issuance of the

original warrant,
if the original warrant has not been 
cancelled for redeposit, the Comptroller comptroller
shall 
issue the replacement warrant on the Warrant Escheat Fund.

    (f-5) After 5 years from the date of issuance of the 
original warrant but no later than 10 years after that date, 
the Comptroller may issue a replacement warrant on the Warrant 
Escheat Fund to a person or entity entitled thereto, as those 
persons and entities are described in subsection (b) of this 
Section, if the following requirements are met: 
        (1) the person or entity verifies that they are 
    entitled to the original warrant; 
        (2) in the case of a warrant that is not presented by 
    the requestor, the paying agency certifies that the 
    original payee is still entitled to the payment; and 
        (3) the Comptroller's records are  available and 
    confirm that the warrant was not replaced. 
    (g) Except as provided in this Section, requests for 
replacement warrants
for more than $500 shall show entitlement 
to such warrant by
including an affidavit, in writing, sworn 
before a person authorized to
administer oaths and 
affirmations, stating the loss or destruction of the
warrant, 
or the
fact that the warrant is void.  However, when the written 
request for a
replacement warrant submitted by the person to 
whom the original warrant was
issued is accompanied by the 
original warrant, no affidavit is
required.  Requests for 
replacement warrants for $500 or less shall show entitlement to 
such
warrant by submitting a written statement of the loss
or 
destruction of the warrant, or the fact that the warrant is 
void on an
application form prescribed by the Comptroller.  If 
the person requesting the
replacement is in possession of the 
original warrant, or any part thereof, the
original warrant or 
the part thereof must accompany the request for
replacement.  
The Comptroller comptroller shall then draw such replacement 
warrant, and the
treasurer
shall pay the replacement warrant.  
If at the time of a loss or destruction
a warrant was 
negotiated to a third party, however (which fact shall be

ascertained by the oath of the party making the application, or 
otherwise),
before the replacement warrant is drawn
by the 
Comptroller comptroller, the person requesting the replacement 
warrant must give
the Comptroller comptroller a bond or bonds 
with sufficient sureties, to be approved
by the Comptroller 
comptroller, when required by regulation of the Comptroller 
comptroller, payable
to the People of the State of Illinois, 
for the refunding of the
amount, together with all costs and 
charges, should the State afterwards
be compelled to pay the 
original warrant.

(Source: P.A. 89-285, eff. 1-1-96.)

 



    (15 ILCS 405/20)  (from Ch. 15, par. 220)



    Sec. 20. Annual report. The Comptroller comptroller shall 
annually, as soon as possible after the close
of the fiscal 
year but no later than December 31, make out and present
to the 
Governor, the President of the Senate, the Speaker of the House

of Representatives, the Minority Leader of the Senate, and the 
Minority
Leader of the House of Representatives a report, 
showing the amount of
warrants drawn on the treasury, on other 
funds held by the State
Treasurer and on any public funds held 
by State agencies, during the
preceding fiscal year, and 
stating, particularly, on what account they
were drawn, and if 
drawn on the contingent fund, to whom and for what
they were 
issued. He or she shall, also, at the same time, report to the

Governor, the President of the Senate, the Speaker of the House 
of
Representatives, the Minority Leader of the Senate, and the 
Minority
Leader of the House of Representatives the amount of 
money received into
the treasury, into other funds held by the 
State Treasurer and into any
other funds held by State agencies 
during the preceding fiscal year, and
stating particularly, the 
source from which the same may be derived, and
also a general 
account of all the business of his office during the
preceding 
fiscal year. The report shall also summarize for the previous

fiscal year the information required under Section 19.

    Within 60 days after the expiration of each calendar year, 
the Comptroller
comptroller shall compile, from records 
maintained and available in his
office, a list of all persons 
including those employed in the Office of the Comptroller 
office of
the comptroller, who have been employed by the State 
during the past
calendar year and paid from funds in the hands 
of the State Treasurer.

    The list shall be arranged according to counties and shall 
state in
alphabetical order the name of each employee, the 
address in the county
in which he votes, except as specified 
below, the position and the
total salary paid to him or her 
during
the past calendar year. For persons employed by the 
Department of
Corrections, Department of Children and Family 
Services, Department of Juvenile Justice, Office of the State's 
Attorneys Appellate Prosecutor, and the Department
of State 
Police, as well as their spouses, no address shall be listed.  
The list so compiled and
arranged shall be kept
on file in the 
office of the Comptroller comptroller and be open to inspection 
by
the public at all times.

    No person who utilizes the names obtained from this list 
for solicitation
shall represent that such solicitation is 
authorized by any officer or agency
of the State of Illinois.  
Violation of this provision is a Business Offense
punishable by 
a fine not to exceed $3,000.

(Source: P.A. 86-1003.)

 

    (15 ILCS 405/10.13 rep.)

    Section 10. The State Comptroller Act is amended  by 
repealing Section 10.13.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.