Full Text of SB0180 97th General Assembly
SB0180enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 | | Sections 10.05 and 10.05d 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 then due and payable account or claim in favor of | 12 | | the
State, the United States upon certification by the | 13 | | Secretary of the Treasury of the United States, or his or her | 14 | | delegate, pursuant to a reciprocal offset agreement under | 15 | | subsection (i-1) of Section 10 of the Illinois State Collection | 16 | | Act of 1986, or a unit of local government, a school district, | 17 | | or a public institution of higher education, as defined in | 18 | | Section 1 of the Board of Higher Education Act, or the clerk of | 19 | | a circuit court, upon certification by that entity, the | 20 | | Comptroller, upon notification thereof, shall
ascertain the | 21 | | amount due and payable to the State, the United States, the | 22 | | unit of local government, the school district, or the public | 23 | | institution of higher education , or the clerk of the circuit |
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| 1 | | court , as aforesaid, and draw a
warrant on the treasury or on | 2 | | other funds held by the State Treasurer, stating
the amount for | 3 | | which the party was entitled to a warrant or other payment, the
| 4 | | amount deducted therefrom, and on what account, and directing | 5 | | the payment of
the balance; which warrant or payment as so | 6 | | drawn shall be entered on the books
of the Treasurer, and such | 7 | | balance only shall be paid. The Comptroller may
deduct any one | 8 | | or more of the following: (i) the entire amount due and payable | 9 | | to the State or a portion
of the amount due and payable to the | 10 | | State in accordance with the request of
the notifying agency; | 11 | | (ii) the entire amount due and payable to the United States or | 12 | | a portion of the amount due and payable to the United States in | 13 | | accordance with a reciprocal offset agreement under subsection | 14 | | (i-1) of Section 10 of the Illinois State Collection Act of | 15 | | 1986; or (iii) the entire amount due and payable to the unit of | 16 | | local government, school district, or public institution of | 17 | | higher education , or clerk of the circuit court, or a portion | 18 | | of the amount due and payable to that entity , in accordance | 19 | | with an intergovernmental agreement authorized under this | 20 | | Section and Section 10.05d. No request from a notifying agency, | 21 | | the Secretary of the Treasury of the United States, a unit of | 22 | | local government, a school district, or a public institution of | 23 | | higher education , or the clerk of a circuit court for an amount | 24 | | to be
deducted under this Section from a wage or salary | 25 | | payment, or from a
contractual payment to an individual for | 26 | | personal services, shall exceed 25% of
the net amount of such |
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| 1 | | payment. "Net amount" means that part of the earnings
of an | 2 | | individual remaining after deduction of any amounts required by | 3 | | law to be
withheld. For purposes of this provision, wage, | 4 | | salary or other payments for
personal services shall not | 5 | | include final compensation payments for the value
of accrued | 6 | | vacation, overtime or sick leave. Whenever the Comptroller | 7 | | draws a
warrant or makes a payment involving a deduction | 8 | | ordered under this Section,
the Comptroller shall notify the | 9 | | payee and the State agency that submitted
the voucher of the | 10 | | reason for the deduction and he or she shall retain a record of | 11 | | such
statement in his or her
records. As used in this Section, | 12 | | an "account or
claim in favor of the State" includes all | 13 | | amounts owing to "State agencies"
as defined in Section 7 of | 14 | | this Act. However, the Comptroller shall not be
required to | 15 | | accept accounts or claims owing to funds not held by the State
| 16 | | Treasurer, where such accounts or claims do not exceed $50, nor | 17 | | shall the
Comptroller deduct from funds held by the State | 18 | | Treasurer under the Senior
Citizens and Disabled Persons | 19 | | Property Tax Relief and Pharmaceutical Assistance
Act or for | 20 | | payments to institutions from the Illinois Prepaid Tuition | 21 | | Trust
Fund
(unless the Trust Fund
moneys are used for child | 22 | | support).
The Comptroller and the
Department of Revenue shall | 23 | | enter into an
interagency agreement to establish | 24 | | responsibilities, duties, and procedures
relating to | 25 | | deductions from lottery prizes awarded under Section 20.1
of | 26 | | the Illinois Lottery Law. The Comptroller may enter into an |
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| 1 | | intergovernmental agreement with the Department of Revenue and | 2 | | the Secretary of the Treasury of the United States, or his or | 3 | | her delegate, to establish responsibilities, duties, and | 4 | | procedures relating to reciprocal offset of delinquent State | 5 | | and federal obligations pursuant to subsection (i-1) of Section | 6 | | 10 of the Illinois State Collection Act of 1986. The | 7 | | Comptroller may enter into intergovernmental agreements with | 8 | | any unit of local government, school district, or public | 9 | | institution of higher education , or clerk of a circuit court to | 10 | | establish responsibilities, duties, and procedures to provide | 11 | | for the offset, by the Comptroller, of obligations owed to | 12 | | those entities.
| 13 | | For the purposes of this Section, "clerk of a circuit | 14 | | court" means the clerk of a circuit court in any county in the | 15 | | State. | 16 | | (Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A. | 17 | | 97-632 for the effective date of changes made by P.A. 97-269); | 18 | | 97-632, eff. 12-16-11.)
| 19 | | (15 ILCS 405/10.05d) | 20 | | Sec. 10.05d. Deductions for delinquent obligations owed to | 21 | | units of local government, school districts, and public | 22 | | institutions of higher education , and clerks of the circuit | 23 | | courts . Pursuant to
Section 10.05 and this Section, the | 24 | | Comptroller may enter into intergovernmental agreements with a | 25 | | unit of local government, a school district, or a public |
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| 1 | | institution of higher education , or the clerk of a circuit | 2 | | court, in order to provide for (i) the use of the Comptroller's | 3 | | offset system to collect delinquent obligations owed to that | 4 | | entity and (ii) the payment to the Comptroller of a processing | 5 | | charge of up to $15 per transaction for such offsets. The
| 6 | | Comptroller shall deduct, from a warrant or other payment | 7 | | described in Section 10.05, in accordance with the procedures | 8 | | provided therein, its processing charge and the amount
| 9 | | certified as necessary to satisfy, in whole or in part, the
| 10 | | delinquent obligation owed to the unit of local government, | 11 | | school district, or public institution of higher education , or | 12 | | clerk of the circuit court , as applicable. The Comptroller | 13 | | shall provide
the unit of local government, school district, or | 14 | | public institution of higher education , or clerk of the circuit | 15 | | court , as applicable, with the address to which the warrant or | 16 | | other
payment was to be mailed and any other information | 17 | | pertaining to each
person from whom a deduction is made | 18 | | pursuant to this Section. All deductions ordered under this | 19 | | Section and processing charges imposed under this Section shall | 20 | | be deposited into the Comptroller Debt Recovery Trust Fund, a | 21 | | special fund that the Comptroller shall use for the collection | 22 | | of deductions and processing charges, as provided by law, and | 23 | | the payment of deductions and administrative expenses, as | 24 | | provided by law. | 25 | | Upon processing a deduction, the Comptroller shall give | 26 | | written notice to the person subject to the offset. The notice |
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| 1 | | shall inform the person that he or she may make a written | 2 | | protest to the Comptroller within 60 days after the Comptroller | 3 | | has given notice. The protest shall include the reason for | 4 | | contesting the deduction and any other information that will | 5 | | enable the Comptroller to determine the amount due and payable. | 6 | | The intergovernmental agreement entered into under Section | 7 | | 10.05 and this Section shall establish procedures through which | 8 | | the Comptroller shall determine the validity of the protest and | 9 | | shall make a final disposition concerning the deduction. If the | 10 | | person subject to the offset has not made a written protest | 11 | | within 60 days after the Comptroller has given notice or if a | 12 | | final disposition is made concerning the deduction, the | 13 | | Comptroller shall pay the deduction to the unit of local | 14 | | government, school district, or public institution of higher | 15 | | education , or clerk of the circuit court , as applicable, from | 16 | | the Comptroller Debt Recovery Trust Fund.
| 17 | | For the purposes of this Section, "clerk of a circuit | 18 | | court" means a clerk of the circuit court in any county in the | 19 | | State. | 20 | | (Source: P.A. 97-632, eff. 12-16-11.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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