(30 ILCS 230/2) (from Ch. 127, par. 171) (Text of Section before amendment by P.A. 103-977 ) Sec. 2. Accounts of money received; payment into State treasury. (a) Every officer, board, commission, commissioner, department,
institution, arm or agency brought within the provisions of this Act by
Section 1 shall keep in proper books a detailed itemized account
of all moneys received for or on behalf of the State of Illinois, showing
the date
of receipt, the payor, and purpose and amount, and the date and manner
of disbursement as hereinafter provided, and, unless a different time of
payment is expressly provided by law or by rules or regulations promulgated
under subsection (b) of this Section, shall pay into the State treasury
the gross amount of money so received on the day of actual physical
receipt with respect to any single item of receipt exceeding $10,000,
within 24 hours of actual physical receipt with respect to an accumulation
of receipts of $10,000 or more, or within 48 hours of actual physical
receipt with respect to an accumulation of receipts exceeding $500 but less
than $10,000, disregarding holidays, Saturdays and Sundays, after the receipt
of same, without any deduction on account of salaries, fees, costs, charges,
expenses or claims of any description whatever; provided that: (1) the provisions of (i) Section 2505-475 of the |
| Department of Revenue Law, (ii) any specific taxing statute authorizing a claim for credit procedure instead of the actual making of refunds, (iii) Section 505 of the Illinois Controlled Substances Act, (iv) Section 85 of the Methamphetamine Control and Community Protection Act, authorizing the Director of the Illinois State Police to dispose of forfeited property, which includes the sale and disposition of the proceeds of the sale of forfeited property, and the Department of Central Management Services to be reimbursed for costs incurred with the sales of forfeited vehicles, boats or aircraft and to pay to bona fide or innocent purchasers, conditional sales vendors or mortgagees of such vehicles, boats or aircraft their interest in such vehicles, boats or aircraft, and (v) Section 6b-2 of the State Finance Act, establishing procedures for handling cash receipts from the sale of pari-mutuel wagering tickets, shall not be deemed to be in conflict with the requirements of this Section;
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(2) any fees received by the State Registrar of Vital
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| Records pursuant to the Vital Records Act which are insufficient in amount may be returned by the Registrar as provided in that Act;
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(3) any fees received by the Department of Public
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| Health under the Food Handling Regulation Enforcement Act that are submitted for renewal of an expired food service sanitation manager certificate may be returned by the Director as provided in that Act;
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(3.5) the State Treasurer may permit the deduction of
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| fees by third-party unclaimed property examiners from the property recovered by the examiners for the State of Illinois during examinations of holders located outside the State under which the Office of the Treasurer has agreed to pay for the examinations based upon a percentage, in accordance with the Revised Uniform Unclaimed Property Act, of the property recovered during the examination; and
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(4) if the amount of money received does not exceed
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| $500, such money may be retained and need not be paid into the State treasury until the total amount of money so received exceeds $500, or until the next succeeding 1st or 15th day of each month (or until the next business day if these days fall on Sunday or a holiday), whichever is earlier, at which earlier time such money shall be paid into the State treasury, except that if a local bank or savings and loan association account has been authorized by law, any balances shall be paid into the State treasury on Monday of each week if more than $500 is to be deposited in any fund.
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Single items of receipt exceeding $10,000 received after 2 p.m. on a working
day may be deemed to have been received on the next working day for purposes of
fulfilling the requirement that the item be deposited on the day of actual
physical receipt.
No money belonging to or left for the use of the State shall be expended or
applied except in consequence of an appropriation made by law and upon the
warrant of the State Comptroller. However, payments made by the Comptroller
to persons by direct deposit need not be made upon the warrant of the
Comptroller, but if not made upon a warrant, shall be made in accordance
with Section 9.02 of the State Comptroller Act. All moneys so paid
into the State treasury shall, unless required by some statute to be held in
the State treasury in a separate or special fund, be covered into the General
Revenue Fund in the State treasury. Moneys received
in the form of checks, drafts or similar instruments shall be properly
endorsed, if necessary, and delivered to the State Treasurer for
collection. The State Treasurer shall remit such collected funds to the
depositing officer, board, commission, commissioner, department,
institution, arm or agency by Treasurers Draft or through electronic funds
transfer. The draft or notification of the electronic funds
transfer shall be provided to the State Comptroller to allow deposit into
the appropriate fund.
(b) Different time periods for the payment of public funds into the State
treasury or to the State Treasurer, in excess of the periods established
in subsection (a) of this Section, but not in excess of 30 days after receipt
of such funds, may be established and revised from time to time by rules or
regulations promulgated jointly by the State Treasurer and the State
Comptroller in accordance with the Illinois Administrative
Procedure Act. The different
time periods established by rule or regulation under this subsection may vary
according to the nature and amounts of the funds received, the locations at
which the funds are received, whether compliance with the deposit requirements
specified in subsection (a) of this Section would be cost effective, and such
other circumstances and conditions as the promulgating authorities consider to
be appropriate. The Treasurer and the Comptroller shall review all such
different time
periods established pursuant to this subsection every 2 years from the
establishment thereof and upon such review, unless it is determined that it
is economically unfeasible for the agency to comply with the provisions of
subsection (a), shall repeal such different time period.
(Source: P.A. 102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-977 )
Sec. 2. Accounts of money received; payment into State treasury.
(a) Every officer, board, commission, commissioner, department, institution, arm or agency brought within the provisions of this Act by Section 1 shall keep in proper books a detailed itemized account of all moneys received for or on behalf of the State of Illinois, showing the date of receipt, the payor, and purpose and amount, and the date and manner of disbursement as hereinafter provided, and, unless a different time of payment is expressly provided by law or by rules or regulations promulgated under subsection (b) of this Section, shall pay into the State treasury the gross amount of money so received on the day of actual physical receipt with respect to any single item of receipt exceeding $10,000, within 24 hours of actual physical receipt with respect to an accumulation of receipts of $10,000 or more, or within 48 hours of actual physical receipt with respect to an accumulation of receipts exceeding $500 but less than $10,000, disregarding holidays, Saturdays and Sundays, after the receipt of same, without any deduction on account of salaries, fees, costs, charges, expenses or claims of any description whatever; provided that:
(1) the provisions of (i) Section 2505-475 of the
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| Department of Revenue Law, (ii) any specific taxing statute authorizing a claim for credit procedure instead of the actual making of refunds, (iii) Section 505 of the Illinois Controlled Substances Act, (iv) Section 85 of the Methamphetamine Control and Community Protection Act, authorizing the Director of the Illinois State Police to dispose of forfeited property, which includes the sale and disposition of the proceeds of the sale of forfeited property, and the Department of Central Management Services to be reimbursed for costs incurred with the sales of forfeited vehicles, boats or aircraft and to pay to bona fide or innocent purchasers, conditional sales vendors or mortgagees of such vehicles, boats or aircraft their interest in such vehicles, boats or aircraft, and (v) Section 6b-2 of the State Finance Act, establishing procedures for handling cash receipts from the sale of pari-mutuel wagering tickets, shall not be deemed to be in conflict with the requirements of this Section;
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(2) any fees received by the State Registrar of Vital
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| Records pursuant to the Vital Records Act which are insufficient in amount may be returned by the Registrar as provided in that Act;
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(3) any fees received by the Department of Public
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| Health under the Food Handling Regulation Enforcement Act that are submitted for renewal of an expired food service sanitation manager certificate may be returned by the Director as provided in that Act;
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(3.5) examiners of unclaimed property which is
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| reported and remitted to the State Treasurer and custodians contracted by the State of Illinois to hold presumptively abandoned securities or virtual currency may deduct fees prior to remittance in accordance with the Revised Uniform Unclaimed Property Act; and
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(4) if the amount of money received does not exceed
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| $500, such money may be retained and need not be paid into the State treasury until the total amount of money so received exceeds $500, or until the next succeeding 1st or 15th day of each month (or until the next business day if these days fall on Sunday or a holiday), whichever is earlier, at which earlier time such money shall be paid into the State treasury, except that if a local bank or savings and loan association account has been authorized by law, any balances shall be paid into the State treasury on Monday of each week if more than $500 is to be deposited in any fund.
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Single items of receipt exceeding $10,000 received after 2 p.m. on a working day may be deemed to have been received on the next working day for purposes of fulfilling the requirement that the item be deposited on the day of actual physical receipt.
No money belonging to or left for the use of the State shall be expended or applied except in consequence of an appropriation made by law and upon the warrant of the State Comptroller. However, payments made by the Comptroller to persons by direct deposit need not be made upon the warrant of the Comptroller, but if not made upon a warrant, shall be made in accordance with Section 9.02 of the State Comptroller Act. All moneys so paid into the State treasury shall, unless required by some statute to be held in the State treasury in a separate or special fund, be covered into the General Revenue Fund in the State treasury. Moneys received in the form of checks, drafts or similar instruments shall be properly endorsed, if necessary, and delivered to the State Treasurer for collection. The State Treasurer shall remit such collected funds to the depositing officer, board, commission, commissioner, department, institution, arm or agency by Treasurers Draft or through electronic funds transfer. The draft or notification of the electronic funds transfer shall be provided to the State Comptroller to allow deposit into the appropriate fund.
(b) Different time periods for the payment of public funds into the State treasury or to the State Treasurer, in excess of the periods established in subsection (a) of this Section, but not in excess of 30 days after receipt of such funds, may be established and revised from time to time by rules or regulations promulgated jointly by the State Treasurer and the State Comptroller in accordance with the Illinois Administrative Procedure Act. The different time periods established by rule or regulation under this subsection may vary according to the nature and amounts of the funds received, the locations at which the funds are received, whether compliance with the deposit requirements specified in subsection (a) of this Section would be cost effective, and such other circumstances and conditions as the promulgating authorities consider to be appropriate. The Treasurer and the Comptroller shall review all such different time periods established pursuant to this subsection every 2 years from the establishment thereof and upon such review, unless it is determined that it is economically unfeasible for the agency to comply with the provisions of subsection (a), shall repeal such different time period.
(Source: P.A. 102-538, eff. 8-20-21; 103-977, eff. 1-1-25.)
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(30 ILCS 230/2a) (from Ch. 127, par. 172)
Sec. 2a.
Every officer, board, commission, commissioner, department,
institute, arm, or agency to whom or to which this Act applies is to notify
the State Treasurer as to money paid to him, her, or it under protest as
provided in Section 2a.1, and the Treasurer is to place the money in a special
fund to be known as the protest fund. At the expiration of 30 days from the
date of payment, the money is to be transferred from the protest fund to the
appropriate fund in which it would have been placed had there been payment
without protest unless the party making that payment under protest has filed a
complaint and secured within that 30 days a temporary restraining order or a
preliminary injunction, restraining the making of that transfer and unless, in
addition, within that 30 days, a copy of the temporary restraining order or
preliminary injunction has been served upon the State Treasurer and also
upon the officer, board, commission, commissioner, department,
institute, arm, or agency to whom or to which the payment under protest was
made, in which case the payment and such other payments as are subsequently
made under notice of protest, as provided in Section 2a.1, by the
same person, the transfer of which payments is restrained by such
temporary restraining order or preliminary injunction, are to be held
in the protest fund until the final order or judgment of the court. The
judicial remedy herein provided, however, relates only to questions which
must be decided by the court in determining the proper disposition of the
moneys paid under protest. Any authorized payment from the protest fund
shall bear simple interest at a rate equal to the average of the weekly rates
at issuance on 13-week U.S. Treasury Bills from the date of deposit
into the protest fund to the date of disbursement from the protest fund.
In cases involving temporary restraining orders or preliminary
injunctions entered March 10, 1982, or thereafter, pursuant to this
Section, when the party paying under protest fails in the protest action the
State Treasurer shall determine if any moneys paid under protest were paid
as a result of assessments under the following provisions: the Municipal
Retailers' Occupation Tax Act, the Municipal Service Occupation Tax Act,
the Municipal Use Tax Act, the Municipal Automobile Renting Occupation Tax Act,
the Municipal Automobile Renting Use Tax Act, Section 8-11-9 of the Illinois
Municipal Code, the Tourism, Conventions and Other Special Events Promotion Act
of 1967, the County Automobile Renting Occupation Tax Act, the County
Automobile Renting Use Tax Act, Section 5-1034 of the Counties Code, Section
5.01 of the Local Mass Transit District Act, the Downstate Public
Transportation
Act, Section 4.03 of the Regional Transportation Authority Act, subsections (c)
and (d) of Section 201 of the Illinois Income Tax Act, Section 2a.1 of the
Messages Tax Act, Section 2a.1 of the Gas Revenue Tax Act, Section 2a.1 of the
Public Utilities Revenue Act, and the Water Company Invested Capital Tax Act.
Any such moneys paid under protest shall bear simple interest at a rate equal
to the average of the weekly rates at issuance on 13-week U.S. Treasury
Bills from the date of deposit into the protest fund to the date of
disbursement from the protest fund.
It is unlawful for the Clerk of a court, a bank or any person other than
the State Treasurer to be appointed as trustee with respect to any
purported payment under protest, or otherwise to be authorized by a court
to hold any purported payment under protest, during the pendency of the
litigation involving such purported payment under protest, it being the
expressed intention of the General Assembly that no one is to act as custodian
of any such purported payment under protest except the State Treasurer.
No payment under protest within the meaning of this Act has been made
unless paid to an officer, board, commission, commissioner, department,
institute, arm or agency brought within this Act by Section 1 and unless
made in the form specified by Section 2a.1. No payment into court or to a
circuit clerk or other court-appointed trustee is a payment under protest
within the meaning of this Act.
(Source: P.A. 87-950.)
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(30 ILCS 230/2c) (from Ch. 127, par. 173a)
Sec. 2c.
Every such officer, board, commission, commissioner, department,
institution, arm or agency is authorized to demand and receive a bond and
securities in amount and kind satisfactory to him from any bank or savings
and loan association in which moneys held by such officer, board, commission,
commissioner, department, institution, arm or agency for or on behalf of
the State of Illinois, may be on deposit, such securities to be held by the
officer, board, commission, commissioner, department, institution, arm or
agency for the period that such moneys are so on deposit and then returned
together with interest, dividends and other accruals to the bank or savings
and loan association. The
bond or undertaking and such securities shall be conditioned for the return
of the moneys deposited in conformity with the terms of the deposit.
Whenever funds deposited with a bank or savings and loan association
exceed the amount of federal deposit insurance coverage, a bond,
pledged
securities, or other eligible collateral shall be obtained.
Only the types of securities or other eligible collateral which the State
Treasurer may, in his
or her discretion, accept for amounts not insured by the Federal Deposit
Insurance
Corporation or the Federal Savings and Loan Insurance Corporation under
Section 11 of "An Act in relation to State moneys", approved June 28, 1919,
as amended, may be accepted as pledged securities.
The market value of the bond or pledged
securities shall at all times be equal to or greater than the uninsured
portion of the deposit
unless the funds deposited are collateralized pursuant to a system
established by the State Treasurer to aggregate permissible securities
received as collateral from financial institutions in a collateral pool
to secure State deposits of the institution that have pledged
securities to the pool.
All securities deposited by a bank or savings and loan association
under the provisions of this
Section shall remain the property of the depositary and may be stamped by
the depositary so as to indicate that such securities are deposited as
collateral. Should the bank or savings and loan association
fail or refuse to pay over the moneys, or
any part thereof, deposited with it, the officer, board, commission,
commissioner, department, institution, arm or agency may sell such
securities upon giving 5 days notice to the depositary of his intention to
so sell such securities. Such sale shall transfer absolute ownership of the
securities so sold to the vendee thereof. The surplus, if any, over the
amount due to the State and the expenses of the sale shall be paid to the
bank or savings and loan association. Actions may be brought in the
name of the People of the State
of Illinois to enforce the claims of the State with respect to any
securities deposited by a bank or savings and loan association.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of
public
funds by public agencies", approved July 23, 1943, as
now or hereafter amended.
(Source: P.A. 93-561, eff. 1-1-04.)
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