Public Act 103-0266
SB2406 EnrolledLRB103 26057 DTM 52412 b SB2406 Enrolled LRB103 26057 DTM 52412 b
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
SB2406 Enrolled LRB103 26057 DTM 52412 b
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.)