Full Text of SB0205 98th General Assembly
SB0205enr 98TH GENERAL ASSEMBLY |
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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 10.05d as follows: | 6 | | (15 ILCS 405/10.05d) | 7 | | Sec. 10.05d. Deductions for delinquent obligations owed to | 8 | | units of local government, school districts, public | 9 | | institutions of higher education, and clerks of the circuit | 10 | | courts. Pursuant to
Section 10.05 and this Section, the | 11 | | Comptroller may enter into intergovernmental agreements with a | 12 | | unit of local government, a school district, a public | 13 | | institution of higher education, or the clerk of a circuit | 14 | | court, in order to provide for (i) the use of the Comptroller's | 15 | | offset system to collect delinquent obligations owed to that | 16 | | entity and (ii) the payment to the Comptroller of a processing | 17 | | charge of up to $15 per transaction for such offsets processed | 18 | | without the assistance of a third-party vendor and a processing | 19 | | charge of up to $20 per transaction for offsets processed with | 20 | | the assistance of a third-party vendor. A third-party vendor | 21 | | may be selected by the Comptroller, pursuant to lawful | 22 | | procurement practices, in order to provide enhanced | 23 | | identification services to the State . The
Comptroller shall |
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| 1 | | deduct, from a warrant or other payment described in Section | 2 | | 10.05, in accordance with the procedures provided therein, its | 3 | | processing charge and the amount
certified as necessary to | 4 | | satisfy, in whole or in part, the
delinquent obligation owed to | 5 | | the unit of local government, school district, public | 6 | | institution of higher education, or clerk of the circuit court, | 7 | | as applicable. The Comptroller shall provide
the unit of local | 8 | | government, school district, public institution of higher | 9 | | education, or clerk of the circuit court, as applicable, with | 10 | | the address to which the warrant or other
payment was to be | 11 | | mailed and any other information pertaining to each
person from | 12 | | whom a deduction is made pursuant to this Section. All | 13 | | deductions ordered under this Section and processing charges | 14 | | imposed under this Section shall be deposited into the | 15 | | Comptroller Debt Recovery Trust Fund, a special fund that the | 16 | | Comptroller shall use for the collection of deductions and | 17 | | processing charges, as provided by law, and the payment of | 18 | | deductions and administrative expenses, as provided by law. | 19 | | Upon processing a deduction, the Comptroller shall give | 20 | | written notice to the person subject to the offset. The notice | 21 | | shall inform the person that he or she may make a written | 22 | | protest to the Comptroller within 60 days after the Comptroller | 23 | | has given notice. The protest shall include the reason for | 24 | | contesting the deduction and any other information that will | 25 | | enable the Comptroller to determine the amount due and payable. | 26 | | The intergovernmental agreement entered into under Section |
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| 1 | | 10.05 and this Section shall establish procedures through which | 2 | | the Comptroller shall determine the validity of the protest and | 3 | | shall make a final disposition concerning the deduction. If the | 4 | | person subject to the offset has not made a written protest | 5 | | within 60 days after the Comptroller has given notice or if a | 6 | | final disposition is made concerning the deduction, the | 7 | | Comptroller shall pay the deduction to the unit of local | 8 | | government, school district, public institution of higher | 9 | | education, or clerk of the circuit court, as applicable, from | 10 | | the Comptroller Debt Recovery Trust Fund.
| 11 | | For the purposes of this Section, "clerk of a circuit | 12 | | court" means a clerk of the circuit court in any county in the | 13 | | State. | 14 | | For purposes of this Section, "third-party vendor" means | 15 | | the vendor selected by the Comptroller to provide enhanced | 16 | | identification 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 | 19 | | becoming law. |
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