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91_SB1338sam001
LRB9110261JMmbam03
1 AMENDMENT TO SENATE BILL 1338
2 AMENDMENT NO. . Amend Senate Bill 1338 by replacing
3 everything after the enacting clause with the following:
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
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1 hours of actual physical receipt with respect to an
2 accumulation of receipts exceeding $500 but less than
3 $10,000, disregarding holidays, Saturdays and Sundays, after
4 the receipt of same, without any deduction on account of
5 salaries, fees, costs, charges, expenses or claims of any
6 description whatever; provided that:
7 (1) the provisions of (i) Section 2505-475 of the
8 Department of Revenue Law (20 ILCS 2505/2505-475), (ii)
9 any specific taxing statute authorizing a claim for
10 credit procedure instead of the actual making of refunds,
11 (iii) Section 505 of the Illinois Controlled Substances
12 Act, authorizing the Director of State Police to dispose
13 of forfeited property, which includes the sale and
14 disposition of the proceeds of the sale of forfeited
15 property, and the Department of Central Management
16 Services to be reimbursed for costs incurred with the
17 sales of forfeited vehicles, boats or aircraft and to pay
18 to bona fide or innocent purchasers, conditional sales
19 vendors or mortgagees of such vehicles, boats or aircraft
20 their interest in such vehicles, boats or aircraft, and
21 (iv) Section 6b-2 of the State Finance Act, establishing
22 procedures for handling cash receipts from the sale of
23 pari-mutuel wagering tickets, shall not be deemed to be
24 in conflict with the requirements of this Section;
25 (2) any fees received by the State Registrar of
26 Vital Records pursuant to the Vital Records Act which are
27 insufficient in amount may be returned by the Registrar
28 as provided in that Act;
29 (3) any fees received by the Department of Public
30 Health under the Food Handling Regulation Enforcement Act
31 that are submitted for renewal of an expired food service
32 sanitation manager certificate may be returned by the
33 Director as provided in that Act; and
34 (3.5) the State Treasurer may permit the deduction
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1 of fees by third-party unclaimed property examiners from
2 the property recovered by the examiners for the State of
3 Illinois during examinations of holders located outside
4 the State under which the Office of the Treasurer has
5 agreed to pay for the examinations based upon a
6 percentage, set by rule by the State Treasurer in
7 accordance with the Illinois Administrative Procedure
8 Act, of the property recovered during the examination;
9 and
10 (4) if the amount of money received does not exceed
11 $500, such money may be retained and need not be paid
12 into the State treasury until the total amount of money
13 so received exceeds $500, or until the next succeeding
14 1st or 15th day of each month (or until the next business
15 day if these days fall on Sunday or a holiday), whichever
16 is earlier, at which earlier time such money shall be
17 paid into the State treasury, except that if a local bank
18 or savings and loan association account has been
19 authorized by law, any balances shall be paid into the
20 State treasury on Monday of each week if more than $500
21 is to be deposited in any fund.
22 Single items of receipt exceeding $10,000 received after
23 2 p.m. on a working day may be deemed to have been received
24 on the next working day for purposes of fulfilling the
25 requirement that the item be deposited on the day of actual
26 physical receipt.
27 No money belonging to or left for the use of the State
28 shall be expended or applied except in consequence of an
29 appropriation made by law and upon the warrant of the State
30 Comptroller. However, payments made by the Comptroller to
31 persons by direct deposit need not be made upon the warrant
32 of the Comptroller, but if not made upon a warrant, shall be
33 made in accordance with Section 9.02 of the State Comptroller
34 Act. All moneys so paid into the State treasury shall,
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1 unless required by some statute to be held in the State
2 treasury in a separate or special fund, be covered into the
3 General Revenue Fund in the State treasury. Moneys received
4 in the form of checks, drafts or similar instruments shall be
5 properly endorsed, if necessary, and delivered to the State
6 Treasurer for collection. The State Treasurer shall remit
7 such collected funds to the depositing officer, board,
8 commission, commissioner, department, institution, arm or
9 agency by Treasurers Draft or through electronic funds
10 transfer. The draft or notification of the electronic funds
11 transfer shall be provided to the State Comptroller to allow
12 deposit into the appropriate fund.
13 (b) Different time periods for the payment of public
14 funds into the State treasury or to the State Treasurer, in
15 excess of the periods established in subsection (a) of this
16 Section, but not in excess of 30 days after receipt of such
17 funds, may be established and revised from time to time by
18 rules or regulations promulgated jointly by the State
19 Treasurer and the State Comptroller in accordance with the
20 Illinois Administrative Procedure Act. The different time
21 periods established by rule or regulation under this
22 subsection may vary according to the nature and amounts of
23 the funds received, the locations at which the funds are
24 received, whether compliance with the deposit requirements
25 specified in subsection (a) of this Section would be cost
26 effective, and such other circumstances and conditions as the
27 promulgating authorities consider to be appropriate. The
28 Treasurer and the Comptroller shall review all such different
29 time periods established pursuant to this subsection every 2
30 years from the establishment thereof and upon such review,
31 unless it is determined that it is economically unfeasible
32 for the agency to comply with the provisions of subsection
33 (a), shall repeal such different time period.
34 (Source: P.A. 90-37, eff. 6-27-97; 90-655, eff. 7-30-98;
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1 91-239, eff. 1-1-00.)".