TITLE 74: PUBLIC FINANCE
CHAPTER VIII: DEBT COLLECTION BOARD
PART 910 STATE AGENCY ACCOUNTS RECEIVABLE
SECTION 910.20 DEFINITIONS


 

Section 910.20  Definitions

 

a)         For purposes of this Part, "State agency" shall have the meaning found in the Illinois State Auditing Act.

 

b)        For purposes of this Part, "State agency account receivable", "accounts receivable", or "receivables" shall mean amounts due a State agency from non-governmental entities that are legally enforceable, that have not been lawfully certified as uncollectable, for which there is no legal barrier to referral to the Board for recovery, and that are not otherwise required to be referred to the Department of Revenue's Debt Collection Bureau.  Amounts due the General Assembly, the Supreme Court and the several courts of this State and the constitutionally elected State Officers are included only if those entities elect to have their receivables subject to the Board's jurisdiction.  The definition shall not include:

 

1)         amounts less than $100;

AGENCY NOTE:  Nothing in this Part prohibits agencies from referring receivables to the Board in amounts less than $100.

 

2)         amounts due the Illinois Student Assistance Commission under the student loan program.

 

c)         For purposes of Section 50-11 of the Illinois Procurement Code [30 ILCS 500/50-11] a person shall be considered to be "delinquent in the payment of any debt" if that person owes a debt to the State or any of its agencies that totals $1000 or more, exclusive of interest, and that is more than 90 days past due.  A debt due the State shall refer to any receivable owed the State, as defined in procedure 26.20.10 of the Comptroller's Statewide Accounting Management System (SAMS) manual, subject to the exceptions listed in subsections (c)(1) and (c)(2). Procedure 26.20.10 of the SAMS manual, as in effect January 1, 2001, is hereby incorporated by reference.  No later editions or amendments are included.  A copy of procedure 26.20.10 may be obtained upon request from the Office of the Comptroller, 325 West Adams Street, Springfield, Illinois 62704.  To the extent the formal due date of any receivable is not established by law, the due date of that receivable for purposes of this Section shall be computed using the method set forth in procedure 26.20.10 of the SAMS manual.  The following debts shall not be considered delinquent for purposes of this Section:

 

1)         debts that are the subject of a pending administrative or judicial review;

 

2)         debts that are covered by a written payment agreement, so long as the debtor is current in his payments under the terms of the payment agreement.

 

d)         For purposes of this Part, "uncollectable" shall have the meaning found in Section 2 of the Uncollected State Claims Act [30 ILCS 205/2].

 

(Source:  Amended at 31 Ill. Reg. 1951, effective January 10, 2007)