Full Text of HB5019 100th General Assembly
HB5019enr 100TH 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 Salary and Annuity Withholding Act is | 5 | | amended by changing Section 4 as follows:
| 6 | | (5 ILCS 365/4) (from Ch. 127, par. 354)
| 7 | | Sec. 4. Authorization of withholding. An employee or | 8 | | annuitant may
authorize the withholding of a portion of his | 9 | | salary, wages, or annuity for any
one or more of the following | 10 | | purposes:
| 11 | | (1) for purchase of United States Savings Bonds;
| 12 | | (2) for payment of premiums on life or accident and | 13 | | health insurance
as defined in Section 4 of the "Illinois | 14 | | Insurance Code", approved June
29, 1937, as amended, and | 15 | | for payment of premiums on policies of
automobile insurance | 16 | | as defined in Section 143.13 of the "Illinois
Insurance | 17 | | Code", as amended, and the personal multiperil coverages | 18 | | commonly
known as homeowner's insurance. However, no | 19 | | portion of salaries, wages or
annuities may be withheld to | 20 | | pay premiums on automobile, homeowner's,
life or accident | 21 | | and health insurance policies issued by any one insurance
| 22 | | company or insurance service company unless a minimum of | 23 | | 100 employees or
annuitants insured by that company |
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| 1 | | authorize the withholding by an Office
within 6 months | 2 | | after such withholding begins. If such minimum is not
| 3 | | satisfied the Office may discontinue withholding for such | 4 | | company. For any
insurance company or insurance service | 5 | | company which has not previously had
withholding, the | 6 | | Office may allow withholding for premiums, where less than
| 7 | | 100 policies have been written, to cover a probationary | 8 | | period. An
insurance company which has discontinued | 9 | | withholding may reinstate it upon
presentation of facts | 10 | | indicating new management or re-organization
satisfactory | 11 | | to the Office;
| 12 | | (3) for payment to any labor organization designated by | 13 | | the
employee;
| 14 | | (4) for payment of dues to any association the | 15 | | membership of which
consists of State employees and former | 16 | | State employees;
| 17 | | (5) for deposit in any credit union, in which State | 18 | | employees are within
the field of membership as a result of | 19 | | their employment;
| 20 | | (6) for payment to or for the benefit of an institution | 21 | | of higher
education by an employee of that institution;
| 22 | | (7) for payment of parking fees
at the parking | 23 | | facilities located on the Urbana-Champaign campus of the
| 24 | | University of Illinois;
| 25 | | (8) for voluntary payment to the State of Illinois of | 26 | | amounts then due
and payable to the State;
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| 1 | | (9) for investment purchases made as a participant or | 2 | | contributor to qualified tuition programs in College | 3 | | Savings
Programs established pursuant to Section 529 of the | 4 | | Internal Revenue Code or qualified ABLE programs | 5 | | established pursuant to Section 529A of the Internal | 6 | | Revenue Code Section 30-15.8a of the School Code ;
| 7 | | (10) for voluntary payment to the Illinois Department | 8 | | of Revenue of
amounts due or to become due under the | 9 | | Illinois Income Tax Act;
| 10 | | (11) for payment of optional contributions to a | 11 | | retirement system
subject to the provisions of the Illinois | 12 | | Pension Code;
| 13 | | (12) for contributions to organizations found | 14 | | qualified by the
State Comptroller under the requirements | 15 | | set forth in the Voluntary Payroll
Deductions Act of 1983;
| 16 | | (13) for payment of fringe benefit contributions to | 17 | | employee benefit trust funds (whether such employee | 18 | | benefit trust funds are governed by the Employee Retirement | 19 | | Income Security Act of 1974, as amended, 29 U.S.C. §1001 et | 20 | | seq. or not) for State contractual employees hired through | 21 | | labor organizations and working pursuant to a signed | 22 | | agreement between a labor organization and a State agency, | 23 | | whether subject to the Illinois Prevailing Wage Act or not; | 24 | | this item (13) is not intended to limit employee benefit | 25 | | trust funds and the contributions to be made thereto to be | 26 | | limited to those which are encompassed for purposes of |
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| 1 | | computing the prevailing wage in any particular locale, but | 2 | | rather such employee benefit trusts are intended to include | 3 | | contributions to be made to such funds that are intended to | 4 | | assist in training, building and maintenance, industry | 5 | | advancement, and the like, including but not limited to | 6 | | those benefit trust funds such as pension and welfare that | 7 | | are normally computed in the prevailing wage rates and | 8 | | which otherwise would be subject to contribution | 9 | | obligations by private employers that are signatory to | 10 | | agreements with labor organizations; | 11 | | (14) for voluntary payment as part of the Illinois | 12 | | Gives Initiative under Section 26 of the State Comptroller | 13 | | Act; or
| 14 | | (15) for payment of parking fees at the underground | 15 | | facility located south of the William G. Stratton State | 16 | | Office Building in Springfield or the parking ramp located | 17 | | at 401 South College Street, west of the William G. | 18 | | Stratton State Office Building in Springfield. | 19 | | (Source: P.A. 98-700, eff. 7-7-14; 99-166, eff. 7-28-15.)
| 20 | | Section 10. The State Comptroller Act is amended by | 21 | | changing Sections 10.05, 10.05d, 16.1, and 27 as follows:
| 22 | | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
| 23 | | Sec. 10.05. Deductions from warrants; statement of reason | 24 | | for deduction. Whenever any person shall be entitled to a |
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| 1 | | warrant or other
payment from the treasury or other funds held | 2 | | by the State Treasurer, on any
account, against whom there | 3 | | shall be any then due and payable account or claim in favor of | 4 | | the
State, the United States upon certification by the | 5 | | Secretary of the Treasury of the United States, or his or her | 6 | | delegate, pursuant to a reciprocal offset agreement under | 7 | | subsection (i-1) of Section 10 of the Illinois State Collection | 8 | | Act of 1986, or a unit of local government, a school district, | 9 | | a public institution of higher education, as defined in Section | 10 | | 1 of the Board of Higher Education Act, or the clerk of a | 11 | | circuit court, upon certification by that entity, the | 12 | | Comptroller, upon notification thereof, shall
ascertain the | 13 | | amount due and payable to the State, the United States, the | 14 | | unit of local government, the school district, the public | 15 | | institution of higher education, or the clerk of the circuit | 16 | | court, as aforesaid, and draw a
warrant on the treasury or on | 17 | | other funds held by the State Treasurer, stating
the amount for | 18 | | which the party was entitled to a warrant or other payment, the
| 19 | | amount deducted therefrom, and on what account, and directing | 20 | | the payment of
the balance; which warrant or payment as so | 21 | | drawn shall be entered on the books
of the Treasurer, and such | 22 | | balance only shall be paid. The Comptroller may
deduct any one | 23 | | or more of the following: (i) the entire amount due and payable | 24 | | to the State or a portion
of the amount due and payable to the | 25 | | State in accordance with the request of
the notifying agency; | 26 | | (ii) the entire amount due and payable to the United States or |
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| 1 | | a portion of the amount due and payable to the United States in | 2 | | accordance with a reciprocal offset agreement under subsection | 3 | | (i-1) of Section 10 of the Illinois State Collection Act of | 4 | | 1986; or (iii) the entire amount due and payable to the unit of | 5 | | local government, school district, public institution of | 6 | | higher education, or clerk of the circuit court, or a portion | 7 | | of the amount due and payable to that entity, in accordance | 8 | | with an intergovernmental agreement authorized under this | 9 | | Section and Section 10.05d. No request from a notifying agency, | 10 | | the Secretary of the Treasury of the United States, a unit of | 11 | | local government, a school district, a public institution of | 12 | | higher education, or the clerk of a circuit court for an amount | 13 | | to be
deducted under this Section from a wage or salary | 14 | | payment, or from a
contractual payment to an individual for | 15 | | personal services, or from pension annuity payments made under | 16 | | the Illinois Pension Code shall exceed 25% of
the net amount of | 17 | | such payment. "Net amount" means that part of the earnings
of | 18 | | an individual remaining after deduction of any amounts required | 19 | | by law to be
withheld. For purposes of this provision, wage, | 20 | | salary or other payments for
personal services shall not | 21 | | include final compensation payments for the value
of accrued | 22 | | vacation, overtime or sick leave. Whenever the Comptroller | 23 | | draws a
warrant or makes a payment involving a deduction | 24 | | ordered under this Section,
the Comptroller shall notify the | 25 | | payee and the State agency that submitted
the voucher of the | 26 | | reason for the deduction and he or she shall retain a record of |
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| 1 | | such
statement in his or her
records. As used in this Section, | 2 | | an "account or
claim in favor of the State" includes all | 3 | | amounts owing to "State agencies"
as defined in Section 7 of | 4 | | this Act. However, the Comptroller shall not be
required to | 5 | | accept accounts or claims owing to funds not held by the State
| 6 | | Treasurer, where such accounts or claims do not exceed $50, nor | 7 | | shall the
Comptroller deduct from funds held by the State | 8 | | Treasurer under the Senior
Citizens and Persons with | 9 | | Disabilities Property Tax Relief Act or for payments to | 10 | | institutions from the Illinois Prepaid Tuition Trust
Fund
| 11 | | (unless the Trust Fund
moneys are used for child support).
The | 12 | | Comptroller shall not deduct from payments to be disbursed from | 13 | | the Child Support Enforcement Trust Fund as provided for under | 14 | | Section 12-10.2 of the Illinois Public Aid Code, except for | 15 | | payments representing interest on child support obligations | 16 | | under Section 10-16.5 of that Code. The Comptroller and the
| 17 | | Department of Revenue shall enter into an
interagency agreement | 18 | | to establish responsibilities, duties, and procedures
relating | 19 | | to deductions from lottery prizes awarded under Section 20.1
of | 20 | | the Illinois Lottery Law. The Comptroller may enter into an | 21 | | intergovernmental agreement with the Department of Revenue and | 22 | | the Secretary of the Treasury of the United States, or his or | 23 | | her delegate, to establish responsibilities, duties, and | 24 | | procedures relating to reciprocal offset of delinquent State | 25 | | and federal obligations pursuant to subsection (i-1) of Section | 26 | | 10 of the Illinois State Collection Act of 1986. The |
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| 1 | | Comptroller may enter into intergovernmental agreements with | 2 | | any unit of local government, school district, public | 3 | | institution of higher education, or clerk of a circuit court to | 4 | | establish responsibilities, duties, and procedures to provide | 5 | | for the offset, by the Comptroller, of obligations owed to | 6 | | those entities.
| 7 | | For the purposes of this Section, "clerk of a circuit | 8 | | court" means the clerk of a circuit court in any county in the | 9 | | State. | 10 | | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
| 11 | | (15 ILCS 405/10.05d) | 12 | | Sec. 10.05d. Deductions for delinquent obligations owed to | 13 | | units of local government, school districts, public | 14 | | institutions of higher education, and clerks of the circuit | 15 | | courts. Pursuant to
Section 10.05 and this Section, the | 16 | | Comptroller may enter into intergovernmental agreements with a | 17 | | unit of local government, a school district, a public | 18 | | institution of higher education, or the clerk of a circuit | 19 | | court, in order to provide for (i) the use of the Comptroller's | 20 | | offset system to collect delinquent obligations owed to that | 21 | | entity and (ii) the payment to the Comptroller of a processing | 22 | | charge of up to $15 per transaction for offsets processed | 23 | | without the assistance of a third-party vendor and a processing | 24 | | charge of up to $20 per transaction for offsets processed with | 25 | | the assistance of a third-party vendor. A third-party vendor |
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| 1 | | may be selected by the Comptroller, pursuant to lawful | 2 | | procurement practices, in order to provide enhanced | 3 | | identification services to the State. The
Comptroller shall | 4 | | deduct, from a warrant or other payment described in Section | 5 | | 10.05, in accordance with the procedures provided therein, its | 6 | | processing charge and the amount
certified as necessary to | 7 | | satisfy, in whole or in part, the
delinquent obligation owed to | 8 | | the unit of local government, school district, public | 9 | | institution of higher education, or clerk of the circuit court, | 10 | | as applicable. The Comptroller shall provide
the unit of local | 11 | | government, school district, public institution of higher | 12 | | education, or clerk of the circuit court, as applicable, with | 13 | | the address to which the warrant or other
payment was to be | 14 | | mailed and any other information pertaining to each
person from | 15 | | whom a deduction is made pursuant to this Section. All | 16 | | deductions ordered under this Section and processing charges | 17 | | imposed under this Section shall be deposited into the | 18 | | Comptroller Debt Recovery Trust Fund, a special fund that the | 19 | | Comptroller shall use for the collection of deductions and | 20 | | processing charges, as provided by law, and the payment of | 21 | | deductions and administrative expenses, as provided by law. | 22 | | Upon processing a deduction, the Comptroller shall give | 23 | | written notice to the person subject to the offset. The notice | 24 | | shall inform the person that he or she may make a written | 25 | | protest to the Comptroller within 60 days after the Comptroller | 26 | | has given notice. The protest shall include the reason for |
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| 1 | | contesting the deduction and any other information that will | 2 | | enable the Comptroller to determine the amount due and payable. | 3 | | The notice may inform the person that, in lieu of protest, he | 4 | | or she may provide written authority to the Comptroller to | 5 | | process the deduction immediately. Upon receiving the written | 6 | | authority provided by the person subject to the offset to | 7 | | process the deduction immediately, the Comptroller may process | 8 | | the deduction immediately. The intergovernmental agreement | 9 | | entered into under Section 10.05 and this Section shall | 10 | | establish procedures through which the Comptroller shall | 11 | | determine the validity of the protest and shall make a final | 12 | | disposition concerning the deduction. If the person subject to | 13 | | the offset has not made a written protest within 60 days after | 14 | | the Comptroller has given notice or if a final disposition is | 15 | | made concerning the deduction, the Comptroller shall pay the | 16 | | deduction to the unit of local government, school district, | 17 | | public institution of higher education, or clerk of the circuit | 18 | | court, as applicable, from the Comptroller Debt Recovery Trust | 19 | | Fund.
| 20 | | For the purposes of this Section, "clerk of a circuit | 21 | | court" means a clerk of the circuit court in any county in the | 22 | | State. | 23 | | For purposes of this Section, "third-party vendor" means | 24 | | the vendor selected by the Comptroller to provide enhanced | 25 | | identification services to the State. | 26 | | (Source: P.A. 97-632, eff. 12-16-11; 97-970, eff. 8-16-12; |
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| 1 | | 98-272, eff. 8-9-13.)
| 2 | | (15 ILCS 405/16.1) (from Ch. 15, par. 216.1)
| 3 | | Sec. 16.1.
All reports filed by local governmental units | 4 | | with the Comptroller
together with any accompanying comment or | 5 | | explanation immediately becomes
part of his or her public | 6 | | records and shall be open to public inspection. The Comptroller | 7 | | shall establish and maintain an online repository designated as | 8 | | "The Warehouse" that makes available to the public any and all | 9 | | reports required by law to be filed with the Office of the | 10 | | Comptroller by local governmental units. The
Comptroller shall | 11 | | make the information contained in such reports available
to | 12 | | State agencies and units of local government upon request.
| 13 | | (Source: P.A. 99-393, eff. 1-1-16 .)
| 14 | | (15 ILCS 405/27) | 15 | | Sec. 27. Comptroller's online ledger. The Comptroller | 16 | | shall establish and maintain an online repository of the | 17 | | State's financial transactions , to be known as the | 18 | | Comptroller's "Online Ledger" . The Comptroller shall establish | 19 | | rules and regulations pertaining to the establishment and | 20 | | maintenance of the online ledger "Online Ledger" . Any listing | 21 | | of an immediately preceding year's amount of State employee | 22 | | salaries on the online ledger "Online Ledger" shall list the | 23 | | total amount paid to a State employee during that past calendar | 24 | | year, or a monthly reporting of a State employee's salary from |
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| 1 | | that past calendar year, as rounded to the nearest hundred | 2 | | dollar. Any monthly reporting of a State employee's salary for | 3 | | the current year shall also be listed as rounded to the nearest | 4 | | hundred dollar. The Comptroller, in his or her discretion, may | 5 | | list the unadjusted total salary amount paid to a State | 6 | | employee for any previous year other than the rounded salary | 7 | | amount for the immediately preceding calendar year.
| 8 | | (Source: P.A. 99-393, eff. 1-1-16; 100-253, eff. 1-1-18 .) | 9 | | Section 15. The Comptroller Merit Employment Code is | 10 | | amended by changing Section 10b.7 as follows:
| 11 | | (15 ILCS 410/10b.7) (from Ch. 15, par. 432)
| 12 | | Sec. 10b.7.
For the granting of appropriate preference in | 13 | | entrance
examinations to qualified veterans or persons who have | 14 | | been members of the armed
forces of the United States or to | 15 | | qualified persons who, while citizens of
the United States, | 16 | | were members of the armed forces of allies of the United
States | 17 | | in time of hostilities with a foreign country, and to certain | 18 | | other
persons as set forth in this Section.
| 19 | | (a) As used in this Section:
| 20 | | (1) "Time of hostilities with a foreign country" means | 21 | | any period of
time in the past, present, or future during | 22 | | which a declaration of war by
the United States Congress | 23 | | has been or is in effect or during which an
emergency | 24 | | condition has been or is in effect that is recognized by |
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| 1 | | the
issuance of a Presidential proclamation or a | 2 | | Presidential executive order
and in which the armed forces | 3 | | expeditionary medal or other campaign service
medals are | 4 | | awarded according to Presidential executive order.
| 5 | | (2) "Armed forces of the United States" means the | 6 | | United States Army,
Navy, Air Force, Marine Corps, Coast | 7 | | Guard. Service in the Merchant Marine
that constitutes | 8 | | active duty under Section 401 of federal Public Law 95-202
| 9 | | shall also be considered service in the Armed Forces of the | 10 | | United States
for purposes of this Section.
| 11 | | (3) "Veteran" means a person who has served as a member of | 12 | | the armed forces of the United States, the Illinois National | 13 | | Guard, or a reserve component of the armed forces of the United | 14 | | States. | 15 | | (b) The preference granted under this Section shall be in | 16 | | the form of
points added to the final grades of the persons if | 17 | | they otherwise qualify
and are entitled to appear on the list | 18 | | of those eligible for appointments.
| 19 | | (c) A veteran is qualified for a preference of 10 points if | 20 | | the veteran
currently holds proof of a service connected | 21 | | disability from the United
States Department of Veterans | 22 | | Affairs or an allied country or if the
veteran is a recipient | 23 | | of the Purple Heart.
| 24 | | (d) A veteran who has served during a time of hostilities | 25 | | with a
foreign country is qualified for a preference of 5 | 26 | | points if the veteran
served under one or more of the following |
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| 1 | | conditions:
| 2 | | (1) The veteran served a total of at least 6 months, or
| 3 | | (2) The veteran served for the duration of hostilities | 4 | | regardless of the
length of engagement, or
| 5 | | (3) The veteran was discharged on the basis of | 6 | | hardship, or
| 7 | | (4) The veteran was released from active duty because | 8 | | of a service
connected disability and was discharged under | 9 | | honorable conditions.
| 10 | | (e) A person not eligible for a preference under subsection | 11 | | (c) or (d) is
qualified for a preference of 3 points if the | 12 | | person has served in the
armed forces of the United States, the | 13 | | Illinois National Guard, or any
reserve component of the armed | 14 | | forces of the United States and the person:
(1) served for at | 15 | | least 6 months and has been discharged under honorable
| 16 | | conditions ; or (2) has been discharged on the ground of | 17 | | hardship ; or (3) was
released from active duty because of a | 18 | | service connected disability ; or (4) served a minimum of 4 | 19 | | years in the Illinois National Guard or reserve component of | 20 | | the armed forces of the United States regardless of whether or | 21 | | not the person was mobilized to active duty . An active
member | 22 | | of the National Guard or a reserve component of the armed | 23 | | forces of
the United States is eligible for the preference if | 24 | | the member meets the
service requirements of this subsection | 25 | | (e).
| 26 | | (f) The rank order of persons entitled to a preference on |
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| 1 | | eligible
lists shall be determined on the basis of their | 2 | | augmented ratings. When the
Director establishes eligible | 3 | | lists on the basis of category ratings such
as "superior", | 4 | | "excellent", "well-qualified", and "qualified", the veteran
| 5 | | eligibles in each such category shall be preferred for | 6 | | appointment before
the non-veteran eligibles in the same | 7 | | category.
| 8 | | (g) Employees in positions covered by jurisdiction B who, | 9 | | while in good
standing, leave to engage in military service | 10 | | during a period of
hostility, shall be given credit for | 11 | | seniority purposes for time served
in the armed forces.
| 12 | | (h) A surviving unremarried spouse of a veteran who | 13 | | suffered a
service connected death or the spouse of a veteran | 14 | | who suffered a service
connected disability that prevents the | 15 | | veteran from qualifying for civil
service employment shall be | 16 | | entitled to the same preference to which the
veteran would have | 17 | | been entitled under this Section.
| 18 | | (i) A preference shall also be given to the following | 19 | | individuals:
10 points for one parent of an unmarried veteran | 20 | | who suffered a service
connected death or a service connected | 21 | | disability that prevents the veteran
from qualifying for civil | 22 | | service employment. The first parent to receive a
civil service | 23 | | appointment shall be the parent entitled to the preference.
| 24 | | (Source: P.A. 87-796.)
| 25 | | Section 20. The Illinois State Collection Act of 1986 is |
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| 1 | | amended by changing Section 5 as follows:
| 2 | | (30 ILCS 210/5) (from Ch. 15, par. 155)
| 3 | | Sec. 5. Rules; payment plans; offsets.
| 4 | | (a) Until July 1, 2004 for the Department of Public
Aid
and | 5 | | July 1, 2005 for Universities and all other State agencies,
| 6 | | State agencies shall adopt rules establishing formal due
dates | 7 | | for amounts owing to the State and for the referral of
| 8 | | seriously past due accounts to private collection agencies, | 9 | | unless
otherwise expressly provided by law or rule, except that | 10 | | on and after July 1,
2005, the Department of Employment | 11 | | Security may continue to refer to private
collection agencies | 12 | | past due amounts that are exempt from subsection (g).
Such | 13 | | procedures shall be
established in accord with sound business | 14 | | practices.
| 15 | | (b) Until July 1, 2004 for the Department of
Public Aid and | 16 | | July 1, 2005 for Universities and all other State agencies,
| 17 | | agencies may enter deferred payment plans for debtors of the | 18 | | agency
and documentation of this fact retained by the agency, | 19 | | where the deferred
payment plan is likely to increase the net | 20 | | amount collected by the State,
except that, on and after July | 21 | | 1, 2005, the Department of Employment Security
may continue to | 22 | | enter deferred payment plans for debts that are exempt from
| 23 | | subsection (g).
| 24 | | (c) Until July 1, 2004 for the Department of
Public Aid
and | 25 | | July 1, 2005 for Universities and all other State agencies,
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| 1 | | State agencies may use the Comptroller's Offset
System provided | 2 | | in
Section 10.05 of the State Comptroller Act for the | 3 | | collection of debts owed
to the agency, except that, on and | 4 | | after July 1, 2005, the Department of
Employment Security may | 5 | | continue to use the Comptroller's offset system to
collect | 6 | | amounts that are exempt from subsection (g). | 7 | | (c-1) All debts that exceed
$250 and are more than 90 days | 8 | | past
due shall be placed in the Comptroller's Offset System, | 9 | | unless (i) the State
agency shall have entered into a deferred | 10 | | payment plan or demonstrates to
the Comptroller's satisfaction | 11 | | that referral for offset is not cost effective; or (ii) the | 12 | | State agency is a university that elects to place in the | 13 | | Comptroller's Offset System only debts that exceed $1,000 and | 14 | | are more than 90 days past due. All debt, and maintenance of | 15 | | that debt, that is placed in the Comptroller's Offset System | 16 | | must be submitted electronically to the office of the | 17 | | Comptroller. Any exception to this requirement must be approved | 18 | | in writing by the Comptroller. | 19 | | (c-2) Upon processing a deduction to satisfy a debt owed to | 20 | | a university or a State agency and placed in the Comptroller's | 21 | | Offset System in accordance with subsection (c-1), the | 22 | | Comptroller shall give written notice to the person subject to | 23 | | the offset. The notice shall inform the person that he or she | 24 | | may make a written protest to the Comptroller within 60 days | 25 | | after the Comptroller has given notice. The notice may inform | 26 | | the person that, in lieu of protest, he or she may provide |
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| 1 | | written authority to the Comptroller to process the deduction | 2 | | immediately. Upon receiving the written authority provided by | 3 | | the person subject to the offset to process the deduction | 4 | | immediately, the Comptroller may process the deduction | 5 | | immediately. The protest shall include the reason for | 6 | | contesting the deduction and any other information that will | 7 | | enable the Comptroller to determine the amount due and payable. | 8 | | If the person subject to the offset has not made a written | 9 | | protest within 60 days after the Comptroller has given notice, | 10 | | or if a final disposition is made concerning the deduction, the | 11 | | Comptroller shall pay the deduction to the university or the | 12 | | State agency. | 13 | | (c-3) For a debt owed to a university or a State agency and | 14 | | placed in the Comptroller's Offset System in accordance with | 15 | | subsection (c-1), the Comptroller shall deduct, from a warrant | 16 | | or other payment, its processing charge and the amount | 17 | | certified as necessary to satisfy, in whole or in part, the | 18 | | debt owed to the university or the State agency. The | 19 | | Comptroller shall deduct a processing charge of up to $15 per | 20 | | transaction for each offset and such charges shall be deposited | 21 | | into the Comptroller Debt Recovery Trust Fund.
| 22 | | (c-4) If a State university withholds moneys from a | 23 | | university-funded payroll for a debt in accordance with this | 24 | | Act, the university may also withhold the processing charge | 25 | | identified in Section 10.05d of the State Comptroller Act and | 26 | | subsection (c-3) of Section 5 of the Illinois State Collection |
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| 1 | | Act of 1986. Both amounts must be remitted to the Office of the | 2 | | Comptroller in a timely manner. | 3 | | (d) State agencies shall develop internal procedures | 4 | | whereby
agency initiated payments to its debtors may be offset | 5 | | without referral to
the Comptroller's Offset System.
| 6 | | (e) State agencies or the Comptroller may remove claims | 7 | | from the
Comptroller's Offset System, where such claims have | 8 | | been inactive for more
than one year.
| 9 | | (f) State agencies may use the Comptroller's Offset System | 10 | | to determine if
any State agency is attempting to collect debt | 11 | | from a contractor, bidder, or
other proposed contracting party.
| 12 | | (g) Beginning July 1, 2004 for the Departments of Public | 13 | | Aid (now Healthcare and Family Services) and
Employment | 14 | | Security and July 1, 2005 for Universities and other State | 15 | | agencies,
State agencies shall refer to the Department of | 16 | | Revenue Debt Collection Bureau
(the Bureau) all debt to the | 17 | | State, provided that the debt satisfies the
requirements
for | 18 | | referral of delinquent debt as established by rule by the | 19 | | Department of
Revenue.
| 20 | | (h) The Department of Healthcare and Family Services shall | 21 | | be exempt from the requirements of
this Section with regard to | 22 | | child support debts, the collection of which is
governed by the | 23 | | requirements of Title IV, Part D of the federal Social Security
| 24 | | Act. The Department of Healthcare and Family Services may refer | 25 | | child support debts to the Bureau,
provided that the debt | 26 | | satisfies the requirements for referral of delinquent
debt as
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| 1 | | established by rule by the Department of Revenue. The Bureau | 2 | | shall use all
legal means available to collect child support | 3 | | debt, including those
authorizing the Department of Revenue to | 4 | | collect debt and those authorizing the
Department of Healthcare | 5 | | and Family Services to collect debt. All such referred debt | 6 | | shall remain
an obligation under the Department of Healthcare | 7 | | and Family Services' Child
Support Enforcement Program subject | 8 | | to the requirements of Title IV, Part D of
the federal Social | 9 | | Security Act, including the continued use of federally
mandated | 10 | | enforcement remedies and techniques by the Department of | 11 | | Healthcare and Family Services.
| 12 | | (h-1) The Department of Employment Security is exempt from | 13 | | subsection (g)
with regard to debts to any federal account, | 14 | | including but not limited to the
Unemployment Trust Fund, and | 15 | | penalties and interest assessed under the
Unemployment | 16 | | Insurance Act. The Department of Employment Security may refer
| 17 | | those debts to the Bureau, provided the debt satisfies the | 18 | | requirements for
referral of delinquent debt as established by | 19 | | rule by the Department of
Revenue. The Bureau shall use all | 20 | | legal means available to collect the debts,
including those | 21 | | authorizing the Department of Revenue to collect debt and those
| 22 | | authorizing the Department of Employment Security to collect | 23 | | debt. All
referred debt shall remain an obligation to the | 24 | | account to which it is owed.
| 25 | | (i) All debt referred to the Bureau for collection shall | 26 | | remain the property
of the referring agency. The Bureau shall |
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| 1 | | collect debt on behalf of the
referring agency using all legal | 2 | | means available, including those authorizing
the Department of | 3 | | Revenue to collect debt and those authorizing the referring
| 4 | | agency to collect debt.
| 5 | | (j) No debt secured by an interest in real property granted | 6 | | by the debtor in
exchange for the creation of the debt shall be | 7 | | referred to the Bureau. The
Bureau shall have no obligation to | 8 | | collect debts secured by an interest in real
property.
| 9 | | (k) Beginning July 1, 2003, each agency shall collect and | 10 | | provide the Bureau
information regarding the nature and details | 11 | | of its debt in such form and
manner as the Department of | 12 | | Revenue shall require.
| 13 | | (l) For all debt accruing after July 1, 2003, each agency | 14 | | shall collect and
transmit such debtor identification | 15 | | information as the Department of Revenue
shall require.
| 16 | | (Source: P.A. 97-759, eff. 7-6-12; 98-1043, eff. 8-25-14.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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