Section 285.1103  Warrants Subject to Deduction

a)         Except where prohibited by federal statute, federal regulation or State statute the Comptroller shall deduct the amount the Comptroller ascertains is due from any warrant payable to any person against whom there exists an account or claim eligible to be offset.

b)         This amount due may be deducted from any warrant, whether or not the warrant originates from the same agency under which the account or claim eligible to be offset arose, except that the Comptroller shall not deduct from funds held by the State Treasurer under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act [320 ILCS 25].

c)         If, however, the account or claim eligible to be offset arises from a payroll transaction or other regular payment, which is likely to be followed regularly by similar transactions, the Comptroller may deduct the account or claim eligible to be offset from the next regular transaction involving the agency under which the account or claim arose.

d)         A settlement payment by the State or any of its agencies to release any pending or potential claim against the State is eligible to be offset.

e)         A warrant, payment or transfer in favor of the State of Illinois, or to any officer, board, commission and agency created by the Constitution, whether in the executive, legislative or judicial branch, but other than the circuit court; any officer, department, board, commission, agency, of the State government which is created by or pursuant to statute, other than any unit of local government and their officers, school districts and  boards of election commissioners; any administrative unit and corporate outgrowth of the above and as may be created by executive order of the Governor is not eligible to be offset.

(Source:  Amended at 19 Ill. Reg. 227, effective December 30, 1994)