Bill Text: IL SB1723 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the State Comptroller Act. Authorizes the Comptroller to issue a replacement warrant on the Warrant Escheat Fund to a person or entity entitled thereto if 5 years but no more than 10 years have passed since the date of the original warrant's issuance. Sets forth requirements for the issuance of replacement warrants under those circumstances. Provides that certain State employee address information shall not be listed on the State employee list maintained by the Comptroller. Repeals a provision that prohibits an employee in the Comptroller's office from being employed by the State, except as a part-time teacher for a State college or university. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0572 [SB1723 Detail]

Download: Illinois-2013-SB1723-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1723 Introduced 2/15/2013, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
15 ILCS 405/10.10 from Ch. 15, par. 210.10
15 ILCS 405/20 from Ch. 15, par. 220
15 ILCS 405/10.13 rep.
Amends the State Comptroller Act. Authorizes the Comptroller to issue a replacement warrant on the Warrant Escheat Fund to a person or entity entitled thereto if 5 years but no more than 10 years have passed since the date of the original warrant's issuance. Sets forth requirements for the issuance of replacement warrants under those circumstances. Provides that certain State employee address information shall not be listed on the State employee list maintained by the Comptroller. Repeals a provision that prohibits an employee in the Comptroller's office from being employed by the State, except as a part-time teacher for a State college or university. Effective immediately.
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A BILL FOR
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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

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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

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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,

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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

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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

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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 and , 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 all persons employed by the

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State, persons employed by the Department of Corrections,
Department of Children and Family Services and the Department
of State Police 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.