|
| Public Act 103-0266
|
| SB2406 Enrolled | LRB103 26057 DTM 52412 b |
|
|
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 9, 20, and 28 as follows:
|
(15 ILCS 405/9) (from Ch. 15, par. 209)
|
Sec. 9. Warrants; vouchers; preaudit.
|
(a) No payment may be made from
public funds held by the |
State Treasurer in or outside of the State
treasury, except by |
warrant drawn by the Comptroller and presented by
him to the |
treasurer to be countersigned except for payments made |
pursuant
to Section 9.03 or 9.05 of this Act.
|
(b) No warrant for the payment of money by the State |
Treasurer may be
drawn by the Comptroller without the |
presentation of itemized vouchers
indicating that the |
obligation or expenditure is pursuant to law and
authorized, |
and authorizing the Comptroller to order payment.
|
(b-1) An itemized voucher for under $5 that is presented |
to the Comptroller for payment may shall not be paid except |
through electronic funds transfer. This subsection (b-1) does |
not apply to (i) vouchers presented by the legislative branch |
of State government, (ii) vouchers presented by the State |
Treasurer's Office for the payment of unclaimed property |
|
claims authorized under the Revised Uniform Unclaimed Property |
Act, or (iii) vouchers presented by the Department of Revenue |
for the payment of refunds of taxes administered by the |
Department. |
(c) The Comptroller shall examine each voucher required by |
law to be filed
with him and determine whether unencumbered |
appropriations or unencumbered
obligational or expenditure |
authority other than by appropriation are
legally available to |
incur the obligation or to make the expenditure of public
|
funds. If he determines that
unencumbered appropriations or |
other obligational or expenditure
authority are not available |
from which to incur the obligation or make
the expenditure, |
the Comptroller shall refuse to draw a warrant.
|
(d) The Comptroller shall examine each voucher and all |
other documentation
required to accompany the voucher, and |
shall ascertain whether the voucher
and documentation meet all |
requirements established by or pursuant to law.
If the |
Comptroller determines that the voucher and documentation do |
not
meet applicable requirements established by or pursuant to |
law, he shall
refuse to draw a warrant. As used in this |
Section, "requirements established
by or pursuant to law" |
includes statutory enactments and requirements established
by |
rules and regulations adopted pursuant to this Act.
|
(e) Prior to drawing a warrant, the Comptroller may review |
the voucher,
any documentation accompanying the voucher, and |
any other documentation
related to the transaction on file |
|
with him, and determine if the transaction
is in accordance |
with the law. If based on his review the Comptroller has
reason |
to believe that such transaction is not in accordance with the |
law,
he shall refuse to draw a warrant.
|
(f) Where the Comptroller refuses to draw a warrant |
pursuant to this Section,
he shall maintain separate records |
of such transactions.
|
(g) State agencies shall have the principal responsibility |
for the preaudit
of their encumbrances, expenditures, and |
other transactions as otherwise
required by law.
|
(Source: P.A. 100-22, eff. 1-1-18.)
|
(15 ILCS 405/20) (from Ch. 15, par. 220)
|
Sec. 20. Annual report. The Comptroller shall annually, as |
soon as possible after the close
of the fiscal year but no |
later than December 31, make available on the Comptroller's |
website 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 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 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
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
shall compile, from records maintained and |
available in his
office, a list of all persons including those |
employed in the 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 state in
alphabetical order the name of |
each employee, the county in which he or she resides, the |
position, and the
total salary paid to him or her during
the |
past calendar year, rounded to the nearest hundred dollars. |
The list so compiled and
arranged shall be kept
on file in the |
office of the 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. 101-34, eff. 6-28-19; 101-620, eff. 12-20-19; |
102-558, eff. 8-20-21.)
|
(15 ILCS 405/28) |
Sec. 28. State Comptroller purchase of real property. |
|
(a) Subject to the provisions of the Public Contract Fraud
|
Act, the State Comptroller, on behalf of the State of |
Illinois, is
authorized during State fiscal years 2024 and |
2025 2021 and 2022 to acquire
real property located in the City |
of Springfield, which the State Comptroller deems necessary to |
properly carry out
the powers and duties vested in him or her. |
Real property
acquired under this Section may be acquired |
subject to any
third party interests in the property that do |
not prevent the
State Comptroller from exercising the intended |
beneficial use of
such property. This subsection (a) is |
inoperative on and after July 1, 2025 2022. |
(b) Subject to the provisions of the Comptroller's
|
Procurement Rules, which shall be substantially in accordance
|
with the requirements of the Illinois Procurement Code, the
|
State Comptroller may: |
(1) enter into contracts relating to construction,
|
reconstruction, or renovation projects for any such
|
buildings or lands acquired under subsection (a); and |
(2) equip, lease, repair, operate, and maintain those |
grounds,
buildings, and facilities as may be appropriate |
to carry out
his or her statutory purposes and duties. |
(c) The State Comptroller may enter into agreements for |
the purposes of exercising his or her authority under this |
Section. |
(d) The exercise of the authority vested in the |
Comptroller to acquire
property under this
Section is subject |
|
to appropriation. |
(e) The Capital Facility and Technology Modernization Fund |
is hereby created as a special fund in the State treasury. |
Subject to appropriation, moneys in the Fund shall be used by |
the Comptroller for the purchase, reconstruction, lease, |
repair, and maintenance of real property as may be acquired |
under this Section, including for expenses related to the |
modernization and maintenance of information technology |
systems and infrastructure.
|
(Source: P.A. 101-665, eff. 4-2-21; 102-813, eff. 5-13-22.)
|
Section 10. The State Finance Act is amended by changing |
Sections 5 and 13.3 as follows:
|
(30 ILCS 105/5) (from Ch. 127, par. 141)
|
Sec. 5. Special funds.
|
(a) There are special funds in the State Treasury |
designated as
specified in the Sections which succeed this |
Section 5 and precede Section 6.
|
(b) Except as provided in the Illinois Vehicle Hijacking |
and Motor Vehicle Theft Prevention and Insurance Verification
|
Act, when any special fund in the State Treasury is |
discontinued by an Act
of the General Assembly, any balance |
remaining therein on the effective
date of such Act shall be |
transferred to the General Revenue Fund, or to
such other fund |
as such Act shall provide. Warrants outstanding against
such |
|
discontinued fund at the time of the transfer of any such |
balance
therein shall be paid out of the fund to which the |
transfer was made.
|
(c) When any special fund in the State Treasury has been |
inactive
for 18 months or longer, the Comptroller may |
terminate the fund, the fund is automatically terminated by |
operation
of law and the balance remaining in such fund shall |
be transferred by the
Comptroller to the General Revenue Fund. |
When a special fund has been
terminated by the Comptroller |
operation of law as provided in this Section, the General
|
Assembly shall repeal or amend all Sections of the statutes |
creating or
otherwise referring to that fund.
|
The Comptroller shall be allowed the discretion to |
maintain or dissolve
any federal trust fund which has been |
inactive for 18 months or longer.
|
(d) (Blank).
|
(e) (Blank).
|
(Source: P.A. 102-904, eff. 1-1-23.)
|
(30 ILCS 105/13.3) (from Ch. 127, par. 149.3)
|
Sec. 13.3. Petty cash funds; purchasing cards.
|
(a) Any State agency may establish and maintain petty cash
|
funds for the purpose of making change, purchasing items of |
small cost,
payment of postage due, and for other nominal |
expenditures which cannot
be administered economically and |
efficiently through customary procurement
practices.
|
|
Petty cash funds may be established and maintained from |
moneys which
are appropriated to the agency for Contractual |
Services. In the case of
an agency which receives a single |
appropriation for its ordinary and
contingent expenses, the |
agency may establish a petty cash fund from the
appropriated |
funds.
|
Before the establishment of any petty cash fund, the |
agency shall
submit to the State Comptroller a survey of the |
need for the fund. The
survey shall also establish that |
sufficient internal accounting controls
exist. The Comptroller |
shall investigate such need and if he determines
that it |
exists and that adequate accounting controls exist, shall
|
approve the establishment of the fund. The Comptroller shall |
have the
power to revoke any approval previously made under |
this Section.
|
Petty cash funds established under this Section shall be |
operated and
maintained on the imprest system and no fund |
shall exceed $1,000, except that
the Department of Revenue may |
maintain a fund not exceeding $2,000 for each Department of |
Revenue facility and the Secretary of State may maintain a |
fund of not exceeding $2,000 for each
Chicago Motor Vehicle |
Facility, each Springfield Public Service Facility, and
the |
Motor Vehicle Facilities in Champaign, Decatur, Marion, |
Naperville, Peoria,
Rockford, Granite City, Quincy, and |
Carbondale, to be used solely for the
purpose of making |
change. Except for purchases made by procurement card as
|
|
provided in subsection (b) of this Section, single |
transactions shall be
limited to amounts less
than $100, and |
all transactions occurring in the fund shall be reported and
|
accounted for as may be provided in the uniform accounting |
system developed by
the State Comptroller and the rules and |
regulations implementing that
accounting system. All amounts |
in any such fund of less than $1,000 but over
$100 shall be |
kept in a checking account in a bank, or savings and loan
|
association or trust company which is insured by the United |
States government
or any agency of the United States |
government, except that in funds maintained
in each Department |
of Revenue Facility, Chicago Motor Vehicle Facilities, each |
Springfield Public Service Facility,
and the Motor Vehicle |
Facilities in Champaign, Decatur, Marion, Naperville,
Peoria, |
Rockford, Granite City, Quincy, and Carbondale, all amounts in |
the fund
may be retained on the premises of such facilities.
|
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.
|
An internal audit shall be performed of any petty cash |
fund which
receives reimbursements of more than $5,000 in a |
fiscal year.
|
Upon succession in the custodianship of any petty cash |
|
fund, both the
former and successor custodians shall sign a |
statement, in triplicate,
showing the exact status of the fund |
at the time of the transfer. The
original copy shall be kept on |
file in the office wherein the fund
exists, and each signer |
shall be entitled to retain one copy.
|
(b) The Comptroller may provide by rule for the use of |
purchasing cards by
State agencies to pay for purchases that |
otherwise may be paid out of the
agency's petty cash fund. Any |
rule adopted hereunder shall impose a single
transaction |
limit, which shall not be greater than $1,000 $500.
|
The rules of the Comptroller may include but shall not be |
limited to:
|
(1) standards for the issuance of purchasing cards to |
State agencies
based upon the best interests of the State;
|
(2) procedures for recording purchasing card |
transactions
within the State accounting system, which may |
provide for summary reporting;
|
(3) procedures for auditing purchasing card |
transactions on a
post-payment basis;
|
(4) standards for awarding contracts with a purchasing |
card vendor to
acquire purchasing cards for use by State |
agencies; and
|
(5) procedures for the Comptroller to charge against |
State agency
appropriations for payment of purchasing card |
expenditures without the
use of the voucher and warrant |
system.
|
|
(c) As used in this Section, "State agency" means any |
department,
officer, authority, public corporation, |
quasi-public corporation,
commission, board, institution, |
State college or university, or other
public agency created by |
the State, other than units of local government
and school |
districts.
|
(Source: P.A. 98-496, eff. 1-1-14; 98-904, eff. 8-15-14.)
|
