SB0205 EnrolledLRB098 05392 MLW 35426 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Comptroller Act is amended by changing
5Section 10.05d as follows:
 
6    (15 ILCS 405/10.05d)
7    Sec. 10.05d. Deductions for delinquent obligations owed to
8units of local government, school districts, public
9institutions of higher education, and clerks of the circuit
10courts. Pursuant to Section 10.05 and this Section, the
11Comptroller may enter into intergovernmental agreements with a
12unit of local government, a school district, a public
13institution of higher education, or the clerk of a circuit
14court, in order to provide for (i) the use of the Comptroller's
15offset system to collect delinquent obligations owed to that
16entity and (ii) the payment to the Comptroller of a processing
17charge of up to $15 per transaction for such offsets processed
18without the assistance of a third-party vendor and a processing
19charge of up to $20 per transaction for offsets processed with
20the assistance of a third-party vendor. A third-party vendor
21may be selected by the Comptroller, pursuant to lawful
22procurement practices, in order to provide enhanced
23identification services to the State. The Comptroller shall

 

 

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1deduct, from a warrant or other payment described in Section
210.05, in accordance with the procedures provided therein, its
3processing charge and the amount certified as necessary to
4satisfy, in whole or in part, the delinquent obligation owed to
5the unit of local government, school district, public
6institution of higher education, or clerk of the circuit court,
7as applicable. The Comptroller shall provide the unit of local
8government, school district, public institution of higher
9education, or clerk of the circuit court, as applicable, with
10the address to which the warrant or other payment was to be
11mailed and any other information pertaining to each person from
12whom a deduction is made pursuant to this Section. All
13deductions ordered under this Section and processing charges
14imposed under this Section shall be deposited into the
15Comptroller Debt Recovery Trust Fund, a special fund that the
16Comptroller shall use for the collection of deductions and
17processing charges, as provided by law, and the payment of
18deductions and administrative expenses, as provided by law.
19    Upon processing a deduction, the Comptroller shall give
20written notice to the person subject to the offset. The notice
21shall inform the person that he or she may make a written
22protest to the Comptroller within 60 days after the Comptroller
23has given notice. The protest shall include the reason for
24contesting the deduction and any other information that will
25enable the Comptroller to determine the amount due and payable.
26The intergovernmental agreement entered into under Section

 

 

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110.05 and this Section shall establish procedures through which
2the Comptroller shall determine the validity of the protest and
3shall make a final disposition concerning the deduction. If the
4person subject to the offset has not made a written protest
5within 60 days after the Comptroller has given notice or if a
6final disposition is made concerning the deduction, the
7Comptroller shall pay the deduction to the unit of local
8government, school district, public institution of higher
9education, or clerk of the circuit court, as applicable, from
10the Comptroller Debt Recovery Trust Fund.
11    For the purposes of this Section, "clerk of a circuit
12court" means a clerk of the circuit court in any county in the
13State.
14    For purposes of this Section, "third-party vendor" means
15the vendor selected by the Comptroller to provide enhanced
16identification services to the State.
17(Source: P.A. 97-632, eff. 12-16-11; 97-970, eff. 8-16-12.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.