Public Act 90-0037 of the 90th General Assembly
Public Act 90-0037
SB516 Enrolled LRB9002621MWsb
AN ACT concerning the State Comptroller, amending named
Acts.
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 9.04, 10.05, 10.08, 10.12, and 10.17 and
adding Section 14.01 as follows:
(15 ILCS 405/9.04) (from Ch. 15, par. 209.04)
Sec. 9.04. Benefits recoverable under Workers'
Compensation Act and Workers' Occupational Diseases Act.
Whenever the Comptroller has been notified by the State
Employees' Retirement System of Illinois of a claim for
recovery of excess benefits paid which are recoverable from
benefits payable under the Workers' Compensation Act or the
Workers' Occupational Diseases Act, the Comptroller shall
review all vouchers presented for payment of Workers'
Compensation or Occupational Disease benefits to the injured
party, and shall reject and notify return to the submitting
agency of any such voucher which is subject to the recovery
claim of the State Employees' Retirement System.
Upon receiving notification of the rejection of a voucher
returned under this Section, the State agency shall reprocess
the voucher to provide for (1) payment to the State
Employees' Retirement System to satisfy its recovery claim,
and (2) payment of any excess to the original payee. The
State agency shall then promptly resubmit the reprocessed
voucher to the Comptroller.
(Source: P.A. 84-1472.)
(15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
Sec. 10.05. Deductions from warrants; statement of
reason for deduction. Whenever any person shall be entitled
to a warrant or other payment from the treasury or other
funds held by the State Treasurer, on any account, against
whom there shall be any account or claim in favor of the
State, then due and payable, the Comptroller, upon
notification thereof, shall ascertain the amount due and
payable to the State, as aforesaid, and draw a warrant on the
treasury or on other funds held by the State Treasurer,
stating the amount for which the party was entitled to a
warrant or other payment, the amount deducted therefrom, and
on what account, and directing the payment of the balance;
which warrant or payment as so drawn shall be entered on the
books of the Treasurer, and such balance only shall be paid.
The Comptroller may deduct the entire amount due and payable
to the State or may deduct a portion of the amount due and
payable to the State in accordance with the request of the
notifying agency. No request from a notifying agency for an
amount to be deducted under this Section from a wage or
salary payment, or from a contractual payment to an
individual for personal services, shall exceed 25% of the net
amount of such payment. "Net amount" means that part of the
earnings of an individual remaining after deduction of any
amounts required by law to be withheld. For purposes of this
provision, wage, salary or other payments for personal
services shall not include final compensation payments for
the value of accrued vacation, overtime or sick leave.
Whenever the Comptroller draws a warrant or makes a payment
involving a deduction ordered under this Section, the
Comptroller shall notify the payee and the State agency that
submitted the voucher of the reason for the deduction he
shall send copies of the voucher which authorized the warrant
or payment together with a written statement of the reason
for the deduction to the payee and to the agency that
originated the voucher or sent the voucher to the
Comptroller, and he or she shall retain a record copy of such
written statement in his or her records. As used in this
Section, an "account or claim in favor of the State" includes
all amounts owing to "State agencies" as defined in Section 7
of this Act. However, the Comptroller shall not be required
to accept accounts or claims owing to funds not held by the
State Treasurer, where such accounts or claims do not exceed
$50, nor shall the Comptroller deduct from funds held by the
State Treasurer under the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance
Act. The Comptroller and the Department of the Lottery shall
enter into an interagency agreement to establish
responsibility, duties, and procedures relating to deductions
from lottery prizes awarded under Section 20.1 of the
Illinois Lottery Law.
(Source: P.A. 87-1197.)
(15 ILCS 405/10.08) (from Ch. 15, par. 210.08)
Sec. 10.08. Warrants undeliverable to the payee. If any
warrant is undeliverable to the payee, it shall be returned
to the comptroller, who shall if he determines that the
warrant is undeliverable mark the face of the warrant
"Cancelled for Redeposit", cancel the warrant and transmit
written notice to the vouchering agency of such cancellation.
Upon receiving a warrant returned for redeposit, the
comptroller may redeposit it with the State Treasurer.
Warrants mailed by the comptroller to the payee (or the
payee's designated addressee) may be considered undeliverable
if returned by the United States Postal Service after
attempted delivery or may be remailed once by the comptroller
within 30 days of the date of return to a corrected address
supplied by the issuing agency except that warrants paying
grants to individuals under The Illinois Public Aid Code
shall not be remailed. Warrants returned uncashed to the
comptroller by any State agency, or by any person other than
the payee, may, after inquiry as to its deliverability if the
warrant is not void, be treated as an undeliverable warrant
under this Section. Warrants returned to the comptroller
which he determines to be deliverable or redeliverable shall
be mailed by him to the payee or other designated addressee
if a reasonable time remains before the warrant shall become
void.
(Source: P.A. 86-657.)
(15 ILCS 405/10.12) (from Ch. 15, par. 210.12)
Sec. 10.12. Record of receipts for moneys issued by
treasurer; charge of account. The comptroller shall record
his or her approval of countersign all receipts for moneys
issued by the treasurer, and charge the treasurer with the
amount thereof.
(Source: P.A. 77-2807.)
(15 ILCS 405/10.17) (from Ch. 15, par. 210.17)
Sec. 10.17. Refusal to draw warrant. Whenever the
comptroller shall refuse to draw a warrant pursuant to any
voucher, the comptroller shall notify the submitting agency
of the reason for the refusal he shall return the voucher
together with a written statement of the reasons for his
disapproval to the agency which transmitted the voucher, and
shall retain a record of the disapproved voucher. If the
agency receiving the voucher and statement is not the
originating agency, it shall transmit such information
documents within 3 days to the originating agency.
(Source: P.A. 83-537.)
(15 ILCS 405/14.01 new)
Sec. 14.01. Digital signatures.
(a) In any communication between a State agency and the
Comptroller in which a signature is required or used, any
party to the communication may affix a signature by use of a
digital signature that complies with the requirements of this
Section. The use of a digital signature shall have the same
force and effect as the use of a manual signature if and only
if it embodies all of the following attributes:
(1) It is unique to the person using it.
(2) It is capable of verification.
(3) It is under the sole control of the person
using it.
(4) It is linked to data in such a manner that if
the data are changed, the digital signature is
invalidated.
(5) It conforms to regulations adopted by the
Comptroller.
(b) The use or acceptance of a digital signature shall
be at the option of the parties. Nothing in this Section
shall require a State agency to use or permit the use of a
digital signature.
(c) "Digital signature" means an electronic identifier,
created by computer, intended by the party using it to have
the same force and effect as the use of a manual signature.
Section 10. The State Treasurer Act is amended by
changing Sections 8 and 9 as follows:
(15 ILCS 505/8) (from Ch. 130, par. 8)
Sec. 8. Moneys deposited in treasury; Comptroller's
order. All persons paying money into the state treasury shall
first obtain from the State Comptroller an order, directing
the Treasurer to receive the same; and if the Treasurer shall
receive and receipt for any money, without such order being
presented to him, he shall be removed from office. When
moneys are sent to the treasury, by express or otherwise, it
shall be the Treasurer's duty to obtain the Comptroller's
order, hereinbefore required, before receipting therefor.
The order required under this Section may be prepared by any
magnetic or electronic technology as determined to be in the
best interest of the State by the Comptroller.
(Source: P.A. 78-592.)
(15 ILCS 505/9) (from Ch. 130, par. 9)
Sec. 9. Receipt of money by Treasurer. The Treasurer
shall, on the receipt of any money, give the person paying
the same a confirmation of receipt duplicate receipts
therefor; which shall be presented to the State Comptroller,
who shall enter his or her approval countersign and notify
return one of them to the person presenting the same, and
retain a record of those approvals the other on file in his
or her office, and charge the amount thereof against the
Treasurer. No receipt shall be of any validity unless
approved by both the Comptroller and Treasurer as provided in
this Section the same is so countersigned.
(Source: P.A. 78-592.)
Section 15. The State Officers and Employees Money
Disposition Act is amended by changing Section 2 as follows:
(30 ILCS 230/2) (from Ch. 127, par. 171)
Sec. 2. Accounts of money received; payment into
treasury.
(a) Every officer, board, commission, commissioner,
department, institution, arm or agency brought within the
provisions of this Act by Section 1 hereof shall keep in
proper books a detailed itemized account of all moneys
received for or on behalf of the State, 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 the provisions of Section
39b32 of the Civil Administrative Code of Illinois, approved
March 7, 1917, as amended, and the provisions of any specific
taxing statute authorizing a claim for credit procedure
instead of the actual making of refunds, and the provisions
of Section 505 of "The Illinois Controlled Substances Act",
approved August 16, 1971, as amended, authorizing the
Director of 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 the
provisions of Section 6b-2 of An Act in relation to State
finance, approved June 10, 1919, as amended, 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; provided,
further that any fees received by the State Registrar of
Vital Records pursuant to the Vital Records Act which are
insufficient in amount may be returned by the Registrar as
provided in that Act; provided, further that if the amount of
money received does not exceed $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. 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 receiving benefit payments
under the State pension systems and to individuals receiving
assistance under Article III of "The Illinois Public Aid
Code" 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 into 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. Said draft or notification of the electronic funds
transfer shall be provided remitted to the Comptroller to
allow deposit be ordered 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", approved September
22, 1975, as amended. 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), repeal such
different time period.
(Source: P.A. 85-1440.)
Section 99. Effective date. This Act takes effect upon
becoming law.