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| Public Act 101-0034
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| HB2266 Enrolled | LRB101 05258 RJF 50271 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Comptroller Act is amended by changing |
Sections 16, 20, and 23.7 as follows:
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(15 ILCS 405/16) (from Ch. 15, par. 216)
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Sec. 16. Reports from State agencies. The comptroller shall |
prescribe the
form and require the filing of
quarterly fiscal |
reports by each State agency. Within 30 days after the
end of |
each quarter, or at such earlier time as the comptroller by |
rule requires, each
State agency shall file with the |
comptroller the report of activity for funds held outside of |
the State Treasury. The report shall include of its receipts
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and collections during the preceding quarter, including |
receipts and
collections of taxes and fees, bond proceeds, |
funds and fund authorizations from
sources other than |
appropriation by the General Assembly, gifts, grants
and |
donations, and income from revenue producing activities or |
property
of or under the control of the agency. The report |
shall specify the
nature, source and fair market value of any |
assets received, any
increase or decrease in its security |
holdings (other than those held by
the State Treasurer), and |
such other related information as the
comptroller, by rule, |
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requires. The report shall, consistent with the
uniform State |
accounting system, account for all disbursements and |
encumbrances,
transfers, and releases of encumbrances upon |
assets held by the State
agency, except any assets held in |
trust for another State agency or
person, and any additional |
accounting as may be determined by the
comptroller to be |
necessary for his maintenance of accurate encumbrance
accounts |
for State agencies. The report shall include a separate
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accounting for each revenue bond issue administered by the |
particular
agency, and shall indicate any changes in authorized |
or outstanding
indebtedness of the agency or of the State |
through the agency. This
Section does not require the |
duplication of reports concerning security
holdings and |
investment income of the State Treasurer which are issued
by |
the Treasurer pursuant to law.
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In addition to the quarterly reports required by this |
Section, each
agency shall on an annual basis file a report |
giving that agency's best
estimate of the cost of each tax |
expenditure related to each of the revenue
sources administered |
by the agency. This annual report shall include the
agency's |
best estimate of the cost of each tax expenditure including: |
(a) a
citation of the legal authority for the tax expenditure, |
the year it was
enacted, the fiscal year in which it first took |
effect, and any subsequent
amendments; (b) to the extent that |
it can be determined, the total cost of
the tax expenditure for |
the preceding fiscal year together with an estimate
of the |
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projected cost for the next succeeding fiscal year along with a
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description of the methodology used to determine or estimate |
the cost of the
tax expenditure; and (c) an assessment of the |
impact of the tax
expenditure on the incidence of the tax in |
terms of the relative shares of
revenue received under the |
provisions of the tax expenditure and the
revenue that would |
have been received had the tax expenditure not been in
effect. |
For purposes of this Act, the term "tax expenditure" means any |
tax
incentive authorized by law that by exemption, exclusion, |
deduction,
allowance, credit, preferential tax rate, |
abatement, or other device
reduces the amount of tax revenues |
that would otherwise accrue to the State.
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(Source: P.A. 87-847.)
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(15 ILCS 405/20) (from Ch. 15, par. 220)
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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 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
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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 |
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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.
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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.
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The list shall be arranged according to counties and shall |
state in
alphabetical order the name of each employee, the |
county in which he or she resides 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, rounded to the nearest hundred dollar. For persons |
employed by the Department of
Corrections, Department of |
Children and Family Services, Department of Juvenile Justice, |
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Office of the State's Attorneys Appellate Prosecutor, and the |
Department
of State Police, as well as their spouses, no |
address shall be listed. 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.
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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.
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(Source: P.A. 100-253, eff. 1-1-18.)
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(15 ILCS 405/23.7)
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Sec. 23.7. Comptroller; local government and school |
district registry. The Comptroller shall
establish and |
maintain a registry of all units of local government and school |
districts within the
State. Within 60 days following the |
creation or dissolution of a unit of local government or school |
district, each county clerk shall provide to the Comptroller |
information for the registry in a manner prescribed by the |
Comptroller. Information in the registry may include, but shall |
not be limited to,
the name, address, and type of government |
unit, the names of current elected or
appointed office holders, |
and such other information as the Comptroller may
determine. |
Each county clerk shall notify the Comptroller upon learning of |
the
creation or dissolution of any unit of local government or |
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school district.
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(Source: P.A. 98-497, eff. 8-16-13.)
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Section 10. The State Finance Act is amended by changing |
Section 9.02 as follows:
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(30 ILCS 105/9.02) (from Ch. 127, par. 145c)
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Sec. 9.02. Vouchers; signature; delegation; electronic |
submission.
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(a)(1) Any new contract or contract renewal in the amount |
of $250,000 or
more in a fiscal year, or any order against a |
master contract in the amount of
$250,000 or more in a fiscal |
year, or any contract amendment or change to an
existing |
contract that increases the value of the contract to or by |
$250,000 or
more in a fiscal year, shall be signed or approved |
in writing by the chief
executive officer of the agency, and |
shall also be signed or approved in
writing by
the agency's |
chief legal counsel and chief fiscal
officer. If the agency |
does not have a chief legal counsel or a chief fiscal
officer, |
the chief
executive officer of the agency shall designate in |
writing a senior executive
as the individual responsible for |
signature or approval.
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(2) No document identified in paragraph (1) may be filed |
with the
Comptroller, nor may any authorization for payment |
pursuant to such documents
be filed with the Comptroller, if |
the required signatures or approvals are
lacking.
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(3) Any person who, with knowledge the signatures or |
approvals required in
paragraph (1) are lacking, either files |
or directs another to file documents
or
payment authorizations |
in violation of paragraph (2) shall be subject to
discipline up |
to and including discharge.
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(4) Procurements shall not be artificially divided so as to |
avoid the
necessity of complying with paragraph (1).
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(5) Each State agency shall develop and implement |
procedures to ensure the
necessary signatures or approvals are |
obtained. Each State agency may
establish, maintain and follow |
procedures that are more restrictive than
those required |
herein.
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(6) This subsection (a) applies to all State agencies as |
defined in Section
1-7 of the Illinois State Auditing
Act, |
which includes without limitation the General
Assembly and its
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agencies. For purposes of this subsection (a), in the case of |
the General
Assembly,
the "chief executive officer of the |
agency" means (i) the Senate
Operations
Commission for Senate |
general operations as provided in Section 4 of the
General |
Assembly
Operations Act, (ii) the Speaker of the House of |
Representatives for House
general operations as
provided in |
Section 5 of the General Assembly Operations Act, (iii) the |
Speaker
of the House for majority leadership staff and |
operations, (iv) the Minority
Leader of the House for minority |
leadership staff and operations, (v) the
President of the |
Senate for majority leadership staff and operations, (vi) the
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Minority Leader of the Senate for minority staff and |
operations, and (vii) the
Joint
Committee on Legislative |
Support Services for the legislative support services
agencies |
as provided in the Legislative Commission Reorganization Act of
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1984.
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(b)(1) Every voucher or corresponding balancing report, as |
submitted by the agency or office in
which
it originates, shall |
bear (i) the signature of the officer
responsible for
approving |
and certifying vouchers under this Act and (ii) if
authority to
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sign the responsible officer's name has been properly |
delegated, also the
signature of the person actually signing |
the voucher.
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(2) When an officer delegates authority to approve and |
certify
vouchers,
he shall send a copy of such authorization |
containing the signature of the
person to whom delegation is |
made to each office that checks or approves
such vouchers and |
to the State Comptroller. Such delegation may be general
or |
limited. If the delegation is limited, the authorization shall |
designate
the particular types of vouchers that the person is |
authorized to approve
and certify.
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(3) When any delegation of authority hereunder is revoked, |
a copy of the
revocation of authority shall be sent to the |
Comptroller and to each office
to which a copy of the |
authorization was sent.
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The Comptroller may require State agencies to maintain |
signature
documents and records of delegations of voucher |
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signature authority and
revocations of those delegations, |
instead of transmitting those documents to
the Comptroller. The |
Comptroller may inspect such documents and records at any
time.
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(c) The Comptroller may authorize the submission of |
vouchers through
electronic transmissions, on magnetic tape, |
or otherwise.
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(Source: P.A. 89-360, eff. 8-17-95; 90-452, eff. 8-16-97.)
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Section 15. The Illinois State Collection Act of 1986 is |
amended by changing Section 4 as follows:
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(30 ILCS 210/4) (from Ch. 15, par. 154)
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Sec. 4.
(a) The Comptroller shall provide by rule |
appropriate
procedures for State agencies to follow in |
establishing and recording
within the State accounting system |
records of amounts owed to the State of
Illinois. The rules of |
the Comptroller shall include, but are not limited to:
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(1) the manner by which State agencies shall recognize |
debts;
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(2) systems to age accounts receivable of State |
agencies;
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(3) standards by which State agencies' claims may be |
entered and removed
from the Comptroller's Offset System |
authorized by Section 10.05 of the
State Comptroller Act;
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(4) accounting procedures for estimating the amount of |
uncollectible
receivables of State agencies; and
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(5) accounting procedures for writing off bad debts and |
uncollectible
claims prior to referring them to the |
Department of Revenue Collections
Bureau for collection.
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(b) State agencies shall report to the Comptroller |
information
concerning their accounts receivable and |
uncollectible claims in accordance
with the rules of the |
Comptroller, which may provide for summary reporting.
The |
Department of Revenue is exempt from the provisions of this |
subsection
with regard to debts the confidentiality of which |
the Department of Revenue is
required by law to maintain.
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(c) The rules of the Comptroller authorized by this Section |
may specify
varying procedures and forms of reporting dependent |
upon the nature and
amount of the account receivable or |
uncollectible claim, the age of the
debt, the probability of |
collection and such other factors that will
increase the net |
benefit to the State of the collection effort.
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(d) The Comptroller shall report annually by March 14, to |
the
Governor and the General Assembly, the amount of all |
delinquent debt owed to
each State agency as of December 31 of |
the previous calendar year. The report required under this |
subsection (d) shall be made available on the Comptroller's |
website.
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(Source: P.A. 93-570, eff. 8-20-03.)
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Section 20. The Counties Code is amended by adding Section |
3-2014 as follows:
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(55 ILCS 5/3-2014 new) |
Sec. 3-2014. Local government and school district |
registry. Within 60 days following the creation or dissolution |
of a unit of local government or school district, each county |
clerk shall provide to the Comptroller information for the |
registry required under Section 23.7 of the State Comptroller |
Act in a manner prescribed by the Comptroller.
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Section 25. The Illinois Pre-Need Cemetery Sales Act is |
amended by changing Section 22 as follows:
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(815 ILCS 390/22) (from Ch. 21, par. 222)
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Sec. 22. Cemetery Consumer Protection Fund.
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(a) Every seller engaging in pre-need sales shall
pay to |
the
Comptroller $5 for each said contract entered into, to be |
paid into a special
income earning fund hereby created in the |
State Treasury, known as the Cemetery
Consumer Protection Fund. |
The above said fees shall
be remitted to the
Comptroller |
semi-annually within 30 days after the end of June and December
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for all contracts that have been entered in such 6 month |
period.
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(b) All monies paid into the fund together with all |
accumulated
undistributed
income thereon shall be held as a |
special fund in the State Treasury. The
fund shall be used |
solely for the purpose of providing restitution to consumers
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who have suffered pecuniary loss arising out of pre-need sales, |
to help pay expenses of cemeteries or mausoleums in |
court-ordered receivership, or to satisfy Receiver's fees |
ordered by the Circuit Court prior to June 30, 2004.
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(c) Restitution or reimbursement for pre-need merchandise |
or services shall not exceed the reasonable average regional |
cost of the contracted merchandise at current prices. The fund |
shall be applied only to restitution or completion of the
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project or delivery of the merchandise or services, where such |
has been
ordered by the Circuit Court in a lawsuit brought |
under this Act by the
Attorney General of the State of Illinois |
on behalf of the Comptroller and
in which it has been |
determined by the Court that the obligation is non-collectible
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from the judgment debtor. Restitution shall not exceed the |
amount of the
sales price paid plus interest at the statutory |
rate. The fund shall not
be used for the payment of any |
attorney or other fees.
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(d) Whenever restitution is paid by the fund, the fund |
shall be
subrogated to the amount of such restitution, and the |
Comptroller shall
request the Attorney General to engage in all |
reasonable post judgment
collection steps to collect said |
restitution from the judgment debtor and
reimburse the fund.
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(e) (Blank). The fund shall not be applied toward any |
restitution for losses in
any lawsuit initiated by the Attorney |
General or Comptroller or with
respect to any claim made on |
pre-need sales which occurred prior to the
effective date of |
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this Act.
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(f) The fund may not be allocated for any purpose other |
than that specified
in this Act.
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(g) Notwithstanding any other provision of this Section, |
the payment of
restitution from the fund shall be a matter of |
grace and not of
right and
no purchaser shall have any vested |
rights in the fund as a
beneficiary or
otherwise.
Prior to |
seeking restitution from the fund, a purchaser
or beneficiary |
seeking payment of restitution shall apply
for restitution on a |
form provided by the Comptroller. The
form shall include any |
information the Comptroller may
reasonably require in order for |
the Comptroller Court to determine that
restitution or |
reimbursement for cemetery completion of the project or |
delivery of
merchandise or services service is appropriate.
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(h) Annually, the status of the fund shall be reviewed by |
the
Comptroller, and if she or he determines that the fund |
together with all
accumulated income earned thereon, equals or |
exceeds $10,000,000 and that
the total number of outstanding |
claims filed against the fund is less than
10% of the fund's |
current balance, then payments to the fund pursuant to |
subsection (a) of this Section shall be
suspended until such |
time as the fund's balance drops below $10,000,000 or
the total |
number of outstanding claims filed against the fund is more |
than
10% of the fund's current balance, but on such suspension, |
the fund shall
not be considered inactive.
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(Source: P.A. 92-419, eff. 1-1-02; 93-839, eff. 7-30-04.)
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