Illinois General Assembly - Full Text of SB0180
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Full Text of SB0180  97th General Assembly

SB0180sam001 97TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 3/23/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 180

2    AMENDMENT NO. ______. Amend Senate Bill 180 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Comptroller Act is amended by
5changing 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
8for deduction. Whenever any person shall be entitled to a
9warrant or other payment from the treasury or other funds held
10by the State Treasurer, on any account, against whom there
11shall be any then due and payable account or claim in favor of
12the State, the United States upon certification by the
13Secretary of the Treasury of the United States, or his or her
14delegate, pursuant to a reciprocal offset agreement under
15subsection (i-1) of Section 10 of the Illinois State Collection
16Act of 1986, or a unit of local government, a school district,

 

 

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1or a public institution of higher education, as defined in
2Section 1 of the Board of Higher Education Act, or the clerk of
3a circuit court, upon certification by that entity, the
4Comptroller, upon notification thereof, shall ascertain the
5amount due and payable to the State, the United States, the
6unit of local government, the school district, or the public
7institution of higher education, or the clerk of the circuit
8court, as aforesaid, and draw a warrant on the treasury or on
9other funds held by the State Treasurer, stating the amount for
10which the party was entitled to a warrant or other payment, the
11amount deducted therefrom, and on what account, and directing
12the payment of the balance; which warrant or payment as so
13drawn shall be entered on the books of the Treasurer, and such
14balance only shall be paid. The Comptroller may deduct any one
15or more of the following: (i) the entire amount due and payable
16to the State or a portion of the amount due and payable to the
17State in accordance with the request of the notifying agency;
18(ii) the entire amount due and payable to the United States or
19a portion of the amount due and payable to the United States in
20accordance with a reciprocal offset agreement under subsection
21(i-1) of Section 10 of the Illinois State Collection Act of
221986; or (iii) the entire amount due and payable to the unit of
23local government, school district, or public institution of
24higher education, or clerk of the circuit court, or a portion
25of the amount due and payable to that entity, in accordance
26with an intergovernmental agreement authorized under this

 

 

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1Section and Section 10.05d. No request from a notifying agency,
2the Secretary of the Treasury of the United States, a unit of
3local government, a school district, or a public institution of
4higher education, or the clerk of a circuit court for an amount
5to be deducted under this Section from a wage or salary
6payment, or from a contractual payment to an individual for
7personal services, shall exceed 25% of the net amount of such
8payment. "Net amount" means that part of the earnings of an
9individual remaining after deduction of any amounts required by
10law to be withheld. For purposes of this provision, wage,
11salary or other payments for personal services shall not
12include final compensation payments for the value of accrued
13vacation, overtime or sick leave. Whenever the Comptroller
14draws a warrant or makes a payment involving a deduction
15ordered under this Section, the Comptroller shall notify the
16payee and the State agency that submitted the voucher of the
17reason for the deduction and he or she shall retain a record of
18such statement in his or her records. As used in this Section,
19an "account or claim in favor of the State" includes all
20amounts owing to "State agencies" as defined in Section 7 of
21this Act. However, the Comptroller shall not be required to
22accept accounts or claims owing to funds not held by the State
23Treasurer, where such accounts or claims do not exceed $50, nor
24shall the Comptroller deduct from funds held by the State
25Treasurer under the Senior Citizens and Disabled Persons
26Property Tax Relief and Pharmaceutical Assistance Act or for

 

 

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1payments to institutions from the Illinois Prepaid Tuition
2Trust Fund (unless the Trust Fund moneys are used for child
3support). The Comptroller and the Department of Revenue shall
4enter into an interagency agreement to establish
5responsibilities, duties, and procedures relating to
6deductions from lottery prizes awarded under Section 20.1 of
7the Illinois Lottery Law. The Comptroller may enter into an
8intergovernmental agreement with the Department of Revenue and
9the Secretary of the Treasury of the United States, or his or
10her delegate, to establish responsibilities, duties, and
11procedures relating to reciprocal offset of delinquent State
12and federal obligations pursuant to subsection (i-1) of Section
1310 of the Illinois State Collection Act of 1986. The
14Comptroller may enter into intergovernmental agreements with
15any unit of local government, school district, or public
16institution of higher education, or clerk of a circuit court to
17establish responsibilities, duties, and procedures to provide
18for the offset, by the Comptroller, of obligations owed to
19those entities.
20    For the purposes of this Section, "clerk of a circuit
21court" means the clerk of a circuit court in any county in the
22State.
23(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A.
2497-632 for the effective date of changes made by P.A. 97-269);
2597-632, eff. 12-16-11.)
 

 

 

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1    (15 ILCS 405/10.05d)
2    Sec. 10.05d. Deductions for delinquent obligations owed to
3units of local government, school districts, and public
4institutions of higher education, and clerks of the circuit
5courts. Pursuant to Section 10.05 and this Section, the
6Comptroller may enter into intergovernmental agreements with a
7unit of local government, a school district, or a public
8institution of higher education, or the clerk of a circuit
9court, in order to provide for (i) the use of the Comptroller's
10offset system to collect delinquent obligations owed to that
11entity and (ii) the payment to the Comptroller of a processing
12charge of up to $15 per transaction for such offsets. The
13Comptroller shall deduct, from a warrant or other payment
14described in Section 10.05, in accordance with the procedures
15provided therein, its processing charge and the amount
16certified as necessary to satisfy, in whole or in part, the
17delinquent obligation owed to the unit of local government,
18school district, or public institution of higher education, or
19clerk of the circuit court, as applicable. The Comptroller
20shall provide the unit of local government, school district, or
21public institution of higher education, or clerk of the circuit
22court, as applicable, with the address to which the warrant or
23other payment was to be mailed and any other information
24pertaining to each person from whom a deduction is made
25pursuant to this Section. All deductions ordered under this
26Section and processing charges imposed under this Section shall

 

 

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1be deposited into the Comptroller Debt Recovery Trust Fund, a
2special fund that the Comptroller shall use for the collection
3of deductions and processing charges, as provided by law, and
4the payment of deductions and administrative expenses, as
5provided by law.
6    Upon processing a deduction, the Comptroller shall give
7written notice to the person subject to the offset. The notice
8shall inform the person that he or she may make a written
9protest to the Comptroller within 60 days after the Comptroller
10has given notice. The protest shall include the reason for
11contesting the deduction and any other information that will
12enable the Comptroller to determine the amount due and payable.
13The intergovernmental agreement entered into under Section
1410.05 and this Section shall establish procedures through which
15the Comptroller shall determine the validity of the protest and
16shall make a final disposition concerning the deduction. If the
17person subject to the offset has not made a written protest
18within 60 days after the Comptroller has given notice or if a
19final disposition is made concerning the deduction, the
20Comptroller shall pay the deduction to the unit of local
21government, school district, or public institution of higher
22education, or clerk of the circuit court, as applicable, from
23the Comptroller Debt Recovery Trust Fund.
24    For the purposes of this Section, "clerk of a circuit
25court" means a clerk of the circuit court in any county in the
26State.

 

 

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1(Source: P.A. 97-632, eff. 12-16-11.)
 
2    Section 10. The Unified Code of Corrections is amended by
3changing Section 5-9-3 as follows:
 
4    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)
5    Sec. 5-9-3. Default.
6    (a) An offender who defaults in the payment of a fine or
7any installment of that fine may be held in contempt and
8imprisoned for nonpayment. The court may issue a summons for
9his appearance or a warrant of arrest.
10    (b) Unless the offender shows that his default was not due
11to his intentional refusal to pay, or not due to a failure on
12his part to make a good faith effort to pay, the court may
13order the offender imprisoned for a term not to exceed 6 months
14if the fine was for a felony, or 30 days if the fine was for a
15misdemeanor, a petty offense or a business offense. Payment of
16the fine at any time will entitle the offender to be released,
17but imprisonment under this Section shall not satisfy the
18payment of the fine.
19    (c) If it appears that the default in the payment of a fine
20is not intentional under paragraph (b) of this Section, the
21court may enter an order allowing the offender additional time
22for payment, reducing the amount of the fine or of each
23installment, or revoking the fine or the unpaid portion.
24    (d) When a fine is imposed on a corporation or

 

 

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1unincorporated organization or association, it is the duty of
2the person or persons authorized to make disbursement of
3assets, and their superiors, to pay the fine from assets of the
4corporation or unincorporated organization or association. The
5failure of such persons to do so shall render them subject to
6proceedings under paragraphs (a) and (b) of this Section.
7    (e) A default in the payment of a fine, fee, cost, order of
8restitution, judgment of bond forfeiture, judgment order of
9forfeiture, or any installment thereof may be collected by any
10and all means authorized for the collection of money judgments.
11The State's Attorney of the county in which the fine, fee,
12cost, order of restitution, judgment of bond forfeiture, or
13judgment order of forfeiture was imposed may retain attorneys
14and private collection agents for the purpose of collecting any
15default in payment of any fine, fee, cost, order of
16restitution, judgment of bond forfeiture, judgment order of
17forfeiture, or installment thereof. An additional fee of $75.00
18or 30% of the delinquent amount, whichever is greater, together
19with all taxable court costs, including, without limitation,
20costs of service of process, shall is to be charged to the
21offender for any amount of the fine, fee, cost, restitution, or
22judgment of bond forfeiture or installment of the fine, fee,
23cost, restitution, or judgment of bond forfeiture that remains
24unpaid after the time fixed for payment of the fine, fee, cost,
25restitution, or judgment of bond forfeiture by the court. The
26additional fee shall be payable to the State's Attorney in

 

 

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1order to compensate the State's Attorney for costs incurred in
2collecting the delinquent amount. The State's Attorney may
3enter into agreements assigning any portion of the fee to the
4retained attorneys or the private collection agent retained by
5the State's Attorney. Any agreement between the State's
6Attorney and the retained attorneys or collection agents shall
7require the approval of the Circuit Clerk of that county. A
8default in payment of a fine, fee, cost, restitution, or
9judgment of bond forfeiture shall draw interest at the rate of
109% per annum.
11(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876,
12eff. 8-21-08.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".