Full Text of SB0180 97th General Assembly
SB0180ham001 97TH GENERAL ASSEMBLY | Rep. Dennis M. Reboletti Filed: 5/21/2012
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| 1 | | AMENDMENT TO SENATE BILL 180
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 180 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Comptroller Act is amended by | 5 | | changing 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, |
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| 1 | | or a public institution of higher education, as defined in | 2 | | Section 1 of the Board of Higher Education Act, or the clerk of | 3 | | a circuit court, upon certification by that entity, the | 4 | | Comptroller, upon notification thereof, shall
ascertain the | 5 | | amount due and payable to the State, the United States, the | 6 | | unit of local government, the school district, or the public | 7 | | institution of higher education , or the clerk of the circuit | 8 | | court , as aforesaid, and draw a
warrant on the treasury or on | 9 | | other funds held by the State Treasurer, stating
the amount for | 10 | | which the party was entitled to a warrant or other payment, the
| 11 | | amount deducted therefrom, and on what account, and directing | 12 | | the payment of
the balance; which warrant or payment as so | 13 | | drawn shall be entered on the books
of the Treasurer, and such | 14 | | balance only shall be paid. The Comptroller may
deduct any one | 15 | | or more of the following: (i) the entire amount due and payable | 16 | | to the State or a portion
of the amount due and payable to the | 17 | | State in accordance with the request of
the notifying agency; | 18 | | (ii) the entire amount due and payable to the United States or | 19 | | a portion of the amount due and payable to the United States in | 20 | | accordance with a reciprocal offset agreement under subsection | 21 | | (i-1) of Section 10 of the Illinois State Collection Act of | 22 | | 1986; or (iii) the entire amount due and payable to the unit of | 23 | | local government, school district, or public institution of | 24 | | higher education , or clerk of the circuit court, or a portion | 25 | | of the amount due and payable to that entity , in accordance | 26 | | with an intergovernmental agreement authorized under this |
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| 1 | | Section and Section 10.05d. No request from a notifying agency, | 2 | | the Secretary of the Treasury of the United States, a unit of | 3 | | local government, a school district, or a public institution of | 4 | | higher education , or the clerk of a circuit court for an amount | 5 | | to be
deducted under this Section from a wage or salary | 6 | | payment, or from a
contractual payment to an individual for | 7 | | personal services, shall exceed 25% of
the net amount of such | 8 | | payment. "Net amount" means that part of the earnings
of an | 9 | | individual remaining after deduction of any amounts required by | 10 | | law to be
withheld. For purposes of this provision, wage, | 11 | | salary or other payments for
personal services shall not | 12 | | include final compensation payments for the value
of accrued | 13 | | vacation, overtime or sick leave. Whenever the Comptroller | 14 | | draws a
warrant or makes a payment involving a deduction | 15 | | ordered under this Section,
the Comptroller shall notify the | 16 | | payee and the State agency that submitted
the voucher of the | 17 | | reason for the deduction and he or she shall retain a record of | 18 | | such
statement in his or her
records. As used in this Section, | 19 | | an "account or
claim in favor of the State" includes all | 20 | | amounts owing to "State agencies"
as defined in Section 7 of | 21 | | this Act. However, the Comptroller shall not be
required to | 22 | | accept accounts or claims owing to funds not held by the State
| 23 | | Treasurer, where such accounts or claims do not exceed $50, nor | 24 | | shall the
Comptroller deduct from funds held by the State | 25 | | Treasurer under the Senior
Citizens and Disabled Persons | 26 | | Property Tax Relief and Pharmaceutical Assistance
Act or for |
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| 1 | | payments to institutions from the Illinois Prepaid Tuition | 2 | | Trust
Fund
(unless the Trust Fund
moneys are used for child | 3 | | support).
The Comptroller and the
Department of Revenue shall | 4 | | enter into an
interagency agreement to establish | 5 | | responsibilities, duties, and procedures
relating to | 6 | | deductions from lottery prizes awarded under Section 20.1
of | 7 | | the Illinois Lottery Law. The Comptroller may enter into an | 8 | | intergovernmental agreement with the Department of Revenue and | 9 | | the Secretary of the Treasury of the United States, or his or | 10 | | her delegate, to establish responsibilities, duties, and | 11 | | procedures relating to reciprocal offset of delinquent State | 12 | | and federal obligations pursuant to subsection (i-1) of Section | 13 | | 10 of the Illinois State Collection Act of 1986. The | 14 | | Comptroller may enter into intergovernmental agreements with | 15 | | any unit of local government, school district, or public | 16 | | institution of higher education , or clerk of a circuit court to | 17 | | establish responsibilities, duties, and procedures to provide | 18 | | for the offset, by the Comptroller, of obligations owed to | 19 | | those entities.
| 20 | | For the purposes of this Section, "clerk of a circuit | 21 | | court" means the clerk of a circuit court in any county in the | 22 | | State. | 23 | | (Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A. | 24 | | 97-632 for the effective date of changes made by P.A. 97-269); | 25 | | 97-632, eff. 12-16-11.)
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| 1 | | (15 ILCS 405/10.05d) | 2 | | Sec. 10.05d. Deductions for delinquent obligations owed to | 3 | | units of local government, school districts, and public | 4 | | institutions of higher education , and clerks of the circuit | 5 | | courts . Pursuant to
Section 10.05 and this Section, the | 6 | | Comptroller may enter into intergovernmental agreements with a | 7 | | unit of local government, a school district, or a public | 8 | | institution of higher education , or the clerk of a circuit | 9 | | court, in order to provide for (i) the use of the Comptroller's | 10 | | offset system to collect delinquent obligations owed to that | 11 | | entity and (ii) the payment to the Comptroller of a processing | 12 | | charge of up to $15 per transaction for such offsets. The
| 13 | | Comptroller shall deduct, from a warrant or other payment | 14 | | described in Section 10.05, in accordance with the procedures | 15 | | provided therein, its processing charge and the amount
| 16 | | certified as necessary to satisfy, in whole or in part, the
| 17 | | delinquent obligation owed to the unit of local government, | 18 | | school district, or public institution of higher education , or | 19 | | clerk of the circuit court , as applicable. The Comptroller | 20 | | shall provide
the unit of local government, school district, or | 21 | | public institution of higher education , or clerk of the circuit | 22 | | court , as applicable, with the address to which the warrant or | 23 | | other
payment was to be mailed and any other information | 24 | | pertaining to each
person from whom a deduction is made | 25 | | pursuant to this Section. All deductions ordered under this | 26 | | Section and processing charges imposed under this Section shall |
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| 1 | | be deposited into the Comptroller Debt Recovery Trust Fund, a | 2 | | special fund that the Comptroller shall use for the collection | 3 | | of deductions and processing charges, as provided by law, and | 4 | | the payment of deductions and administrative expenses, as | 5 | | provided by law. | 6 | | Upon processing a deduction, the Comptroller shall give | 7 | | written notice to the person subject to the offset. The notice | 8 | | shall inform the person that he or she may make a written | 9 | | protest to the Comptroller within 60 days after the Comptroller | 10 | | has given notice. The protest shall include the reason for | 11 | | contesting the deduction and any other information that will | 12 | | enable the Comptroller to determine the amount due and payable. | 13 | | The intergovernmental agreement entered into under Section | 14 | | 10.05 and this Section shall establish procedures through which | 15 | | the Comptroller shall determine the validity of the protest and | 16 | | shall make a final disposition concerning the deduction. If the | 17 | | person subject to the offset has not made a written protest | 18 | | within 60 days after the Comptroller has given notice or if a | 19 | | final disposition is made concerning the deduction, the | 20 | | Comptroller shall pay the deduction to the unit of local | 21 | | government, school district, or public institution of higher | 22 | | education , or clerk of the circuit court , as applicable, from | 23 | | the Comptroller Debt Recovery Trust Fund.
| 24 | | For the purposes of this Section, "clerk of a circuit | 25 | | court" means a clerk of the circuit court in any county in the | 26 | | State. |
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| 1 | | (Source: P.A. 97-632, eff. 12-16-11.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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