Full Text of SB2824 97th General Assembly
SB2824 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2824 Introduced 1/24/2012, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
| 15 ILCS 405/10.05 | from Ch. 15, par. 210.05 |
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Amends the State Comptroller Act. Prohibits the Comptroller from making deductions from payments to be disbursed from the Child Support Enforcement Trust Fund. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Comptroller Act is amended by changing | 5 | | Section 10.05 as follows:
| 6 | | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
| 7 | | Sec. 10.05. Deductions from warrants; statement of reason | 8 | | for deduction. Whenever any person shall be entitled to a | 9 | | warrant or other
payment from the treasury or other funds held | 10 | | by the State Treasurer, on any
account, against whom there | 11 | | shall be any account or claim in favor of the
State or to the | 12 | | United States upon certification by the Secretary of the | 13 | | Treasury of the United States, or his or her delegate, pursuant | 14 | | to a reciprocal offset agreement under subsection (i-1) of | 15 | | Section 10 of the Illinois State Collection Act of 1986, then | 16 | | due and payable, the Comptroller, upon notification thereof, | 17 | | shall
ascertain the amount due and payable to the State, or to | 18 | | the United States, as aforesaid, and draw a
warrant on the | 19 | | treasury or on other funds held by the State Treasurer, stating
| 20 | | the amount for which the party was entitled to a warrant or | 21 | | other payment, the
amount deducted therefrom, and on what | 22 | | account, and directing the payment of
the balance; which | 23 | | warrant or payment as so drawn shall be entered on the books
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| 1 | | the Treasurer, and such balance only shall be paid. The | 2 | | Comptroller may
deduct the entire amount due and payable to the | 3 | | State or may deduct a portion
of the amount due and payable to | 4 | | the State in accordance with the request of
the notifying | 5 | | agency, and may deduct the entire amount due and payable to the | 6 | | United States, or may deduct a portion of the amount due and | 7 | | payable to the United States, in accordance with a reciprocal | 8 | | offset agreement under subsection (i-1) of Section 10 of the | 9 | | Illinois State Collection Act of 1986. No request from a | 10 | | notifying agency or from the Secretary of the Treasury of the | 11 | | United States for an amount to be
deducted under this Section | 12 | | from a wage or salary payment, or from a
contractual payment to | 13 | | an individual for personal services, shall exceed 25% of
the | 14 | | net amount of such payment. "Net amount" means that part of the | 15 | | earnings
of an individual remaining after deduction of any | 16 | | amounts required by law to be
withheld. For purposes of this | 17 | | provision, wage, salary or other payments for
personal services | 18 | | shall not include final compensation payments for the value
of | 19 | | accrued vacation, overtime or sick leave. Whenever the | 20 | | Comptroller draws a
warrant or makes a payment involving a | 21 | | deduction ordered under this Section,
the Comptroller shall | 22 | | notify the payee and the State agency that submitted
the | 23 | | voucher of the reason for the deduction and he or she shall | 24 | | retain a record of such
statement in his or her
records. As | 25 | | used in this Section, an "account or
claim in favor of the | 26 | | State" includes all amounts owing to "State agencies"
as |
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| 1 | | defined in Section 7 of this Act. However, the Comptroller | 2 | | shall not be
required to accept accounts or claims owing to | 3 | | funds not held by the State
Treasurer, where such accounts or | 4 | | claims do not exceed $50, nor shall the
Comptroller deduct from | 5 | | funds held by the State Treasurer under the Senior
Citizens and | 6 | | Disabled Persons Property Tax Relief and Pharmaceutical | 7 | | Assistance
Act or for payments to institutions from the | 8 | | Illinois Prepaid Tuition Trust
Fund
(unless the Trust Fund
| 9 | | moneys are used for child support). The Comptroller shall not | 10 | | deduct from payments to be disbursed from the Child Support | 11 | | Enforcement Trust Fund as provided for under Section 12-10.2 of | 12 | | the Illinois Public Aid Code.
The Comptroller and the
| 13 | | Department of Revenue shall enter into an
interagency agreement | 14 | | to establish responsibility, duties, and procedures
relating | 15 | | to deductions from lottery prizes awarded under Section 20.1
of | 16 | | the Illinois Lottery Law. The Comptroller may enter into an | 17 | | intergovernmental agreement with the Department of Revenue and | 18 | | the Secretary of the Treasury of the United States, or his or | 19 | | her delegate, to establish responsibilities, duties, and | 20 | | procedures relating to reciprocal offset of delinquent State | 21 | | and federal obligations pursuant to subsection (i-1) of Section | 22 | | 10 of the Illinois State Collection Act of 1986.
| 23 | | (Source: P.A. 97-269, eff. 1-1-12.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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