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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1338eng SB1338 Engrossed LRB9110261JMdv 1 AN ACT in relation to State finance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Officers and Employees Money 5 Disposition Act is amended by changing Section 2 as follows: 6 (30 ILCS 230/2) (from Ch. 127, par. 171) 7 Sec. 2. Accounts of money received; payment into State 8 treasury. 9 (a) Every officer, board, commission, commissioner, 10 department, institution, arm or agency brought within the 11 provisions of this Act by Section 1 shall keep in proper 12 books a detailed itemized account of all moneys received for 13 or on behalf of the State of Illinois, showing the date of 14 receipt, the payor, and purpose and amount, and the date and 15 manner of disbursement as hereinafter provided, and, unless a 16 different time of payment is expressly provided by law or by 17 rules or regulations promulgated under subsection (b) of this 18 Section, shall pay into the State treasury the gross amount 19 of money so received on the day of actual physical receipt 20 with respect to any single item of receipt exceeding $10,000, 21 within 24 hours of actual physical receipt with respect to an 22 accumulation of receipts of $10,000 or more, or within 48 23 hours of actual physical receipt with respect to an 24 accumulation of receipts exceeding $500 but less than 25 $10,000, disregarding holidays, Saturdays and Sundays, after 26 the receipt of same, without any deduction on account of 27 salaries, fees, costs, charges, expenses or claims of any 28 description whatever; provided that: 29 (1) the provisions of (i) Section 2505-475 of the 30 Department of Revenue Law (20 ILCS 2505/2505-475), (ii) 31 any specific taxing statute authorizing a claim for SB1338 Engrossed -2- LRB9110261JMdv 1 credit procedure instead of the actual making of refunds, 2 (iii) Section 505 of the Illinois Controlled Substances 3 Act, authorizing the Director of State Police to dispose 4 of forfeited property, which includes the sale and 5 disposition of the proceeds of the sale of forfeited 6 property, and the Department of Central Management 7 Services to be reimbursed for costs incurred with the 8 sales of forfeited vehicles, boats or aircraft and to pay 9 to bona fide or innocent purchasers, conditional sales 10 vendors or mortgagees of such vehicles, boats or aircraft 11 their interest in such vehicles, boats or aircraft, and 12 (iv) Section 6b-2 of the State Finance Act, establishing 13 procedures for handling cash receipts from the sale of 14 pari-mutuel wagering tickets, shall not be deemed to be 15 in conflict with the requirements of this Section; 16 (2) any fees received by the State Registrar of 17 Vital Records pursuant to the Vital Records Act which are 18 insufficient in amount may be returned by the Registrar 19 as provided in that Act; 20 (3) any fees received by the Department of Public 21 Health under the Food Handling Regulation Enforcement Act 22 that are submitted for renewal of an expired food service 23 sanitation manager certificate may be returned by the 24 Director as provided in that Act;and25 (3.5) the State Treasurer may permit the deduction 26 of fees by third-party unclaimed property examiners from 27 the property recovered by the examiners for the State of 28 Illinois during examinations of holders located outside 29 the State under which the Office of the Treasurer has 30 agreed to pay for the examinations based upon a 31 percentage, set by rule by the State Treasurer in 32 accordance with the Illinois Administrative Procedure 33 Act, of the property recovered during the examination; 34 and SB1338 Engrossed -3- LRB9110261JMdv 1 (4) if the amount of money received does not exceed 2 $500, such money may be retained and need not be paid 3 into the State treasury until the total amount of money 4 so received exceeds $500, or until the next succeeding 5 1st or 15th day of each month (or until the next business 6 day if these days fall on Sunday or a holiday), whichever 7 is earlier, at which earlier time such money shall be 8 paid into the State treasury, except that if a local bank 9 or savings and loan association account has been 10 authorized by law, any balances shall be paid into the 11 State treasury on Monday of each week if more than $500 12 is to be deposited in any fund. 13 Single items of receipt exceeding $10,000 received after 14 2 p.m. on a working day may be deemed to have been received 15 on the next working day for purposes of fulfilling the 16 requirement that the item be deposited on the day of actual 17 physical receipt. 18 No money belonging to or left for the use of the State 19 shall be expended or applied except in consequence of an 20 appropriation made by law and upon the warrant of the State 21 Comptroller. However, payments made by the Comptroller to 22 persons by direct deposit need not be made upon the warrant 23 of the Comptroller, but if not made upon a warrant, shall be 24 made in accordance with Section 9.02 of the State Comptroller 25 Act. All moneys so paid into the State treasury shall, 26 unless required by some statute to be held in the State 27 treasury in a separate or special fund, be covered into the 28 General Revenue Fund in the State treasury. Moneys received 29 in the form of checks, drafts or similar instruments shall be 30 properly endorsed, if necessary, and delivered to the State 31 Treasurer for collection. The State Treasurer shall remit 32 such collected funds to the depositing officer, board, 33 commission, commissioner, department, institution, arm or 34 agency by Treasurers Draft or through electronic funds SB1338 Engrossed -4- LRB9110261JMdv 1 transfer. The draft or notification of the electronic funds 2 transfer shall be provided to the State Comptroller to allow 3 deposit into the appropriate fund. 4 (b) Different time periods for the payment of public 5 funds into the State treasury or to the State Treasurer, in 6 excess of the periods established in subsection (a) of this 7 Section, but not in excess of 30 days after receipt of such 8 funds, may be established and revised from time to time by 9 rules or regulations promulgated jointly by the State 10 Treasurer and the State Comptroller in accordance with the 11 Illinois Administrative Procedure Act. The different time 12 periods established by rule or regulation under this 13 subsection may vary according to the nature and amounts of 14 the funds received, the locations at which the funds are 15 received, whether compliance with the deposit requirements 16 specified in subsection (a) of this Section would be cost 17 effective, and such other circumstances and conditions as the 18 promulgating authorities consider to be appropriate. The 19 Treasurer and the Comptroller shall review all such different 20 time periods established pursuant to this subsection every 2 21 years from the establishment thereof and upon such review, 22 unless it is determined that it is economically unfeasible 23 for the agency to comply with the provisions of subsection 24 (a), shall repeal such different time period. 25 (Source: P.A. 90-37, eff. 6-27-97; 90-655, eff. 7-30-98; 26 91-239, eff. 1-1-00.)