Full Text of HB5019 100th General Assembly
HB5019ham001 100TH GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 3/29/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5019
| 2 | | AMENDMENT NO. ______. Amend House Bill 5019 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | Code", as amended, and the personal multiperil coverages | 2 | | commonly
known as homeowner's insurance. However, no | 3 | | portion of salaries, wages or
annuities may be withheld to | 4 | | pay premiums on automobile, homeowner's,
life or accident | 5 | | and health insurance policies issued by any one insurance
| 6 | | company or insurance service company unless a minimum of | 7 | | 100 employees or
annuitants insured by that company | 8 | | authorize the withholding by an Office
within 6 months | 9 | | after such withholding begins. If such minimum is not
| 10 | | satisfied the Office may discontinue withholding for such | 11 | | company. For any
insurance company or insurance service | 12 | | company which has not previously had
withholding, the | 13 | | Office may allow withholding for premiums, where less than
| 14 | | 100 policies have been written, to cover a probationary | 15 | | period. An
insurance company which has discontinued | 16 | | withholding may reinstate it upon
presentation of facts | 17 | | indicating new management or re-organization
satisfactory | 18 | | to the Office;
| 19 | | (3) for payment to any labor organization designated by | 20 | | the
employee;
| 21 | | (4) for payment of dues to any association the | 22 | | membership of which
consists of State employees and former | 23 | | State employees;
| 24 | | (5) for deposit in any credit union, in which State | 25 | | employees are within
the field of membership as a result of | 26 | | their employment;
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| 1 | | (6) for payment to or for the benefit of an institution | 2 | | of higher
education by an employee of that institution;
| 3 | | (7) for payment of parking fees
at the parking | 4 | | facilities located on the Urbana-Champaign campus of the
| 5 | | University of Illinois;
| 6 | | (8) for voluntary payment to the State of Illinois of | 7 | | amounts then due
and payable to the State;
| 8 | | (9) for investment purchases made as a participant or | 9 | | contributor to qualified tuition programs in College | 10 | | Savings
Programs established pursuant to Section 529 of the | 11 | | Internal Revenue Code or qualified ABLE programs | 12 | | established pursuant to Section 529A of the Internal | 13 | | Revenue Code Section 30-15.8a of the School Code ;
| 14 | | (10) for voluntary payment to the Illinois Department | 15 | | of Revenue of
amounts due or to become due under the | 16 | | Illinois Income Tax Act;
| 17 | | (11) for payment of optional contributions to a | 18 | | retirement system
subject to the provisions of the Illinois | 19 | | Pension Code;
| 20 | | (12) for contributions to organizations found | 21 | | qualified by the
State Comptroller under the requirements | 22 | | set forth in the Voluntary Payroll
Deductions Act of 1983;
| 23 | | (13) for payment of fringe benefit contributions to | 24 | | employee benefit trust funds (whether such employee | 25 | | benefit trust funds are governed by the Employee Retirement | 26 | | Income Security Act of 1974, as amended, 29 U.S.C. §1001 et |
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| 1 | | seq. or not) for State contractual employees hired through | 2 | | labor organizations and working pursuant to a signed | 3 | | agreement between a labor organization and a State agency, | 4 | | whether subject to the Illinois Prevailing Wage Act or not; | 5 | | this item (13) is not intended to limit employee benefit | 6 | | trust funds and the contributions to be made thereto to be | 7 | | limited to those which are encompassed for purposes of | 8 | | computing the prevailing wage in any particular locale, but | 9 | | rather such employee benefit trusts are intended to include | 10 | | contributions to be made to such funds that are intended to | 11 | | assist in training, building and maintenance, industry | 12 | | advancement, and the like, including but not limited to | 13 | | those benefit trust funds such as pension and welfare that | 14 | | are normally computed in the prevailing wage rates and | 15 | | which otherwise would be subject to contribution | 16 | | obligations by private employers that are signatory to | 17 | | agreements with labor organizations; | 18 | | (14) for voluntary payment as part of the Illinois | 19 | | Gives Initiative under Section 26 of the State Comptroller | 20 | | Act; or
| 21 | | (15) for payment of parking fees at the underground | 22 | | facility located south of the William G. Stratton State | 23 | | Office Building in Springfield or the parking ramp located | 24 | | at 401 South College Street, west of the William G. | 25 | | Stratton State Office Building in Springfield. | 26 | | (Source: P.A. 98-700, eff. 7-7-14; 99-166, eff. 7-28-15.)
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| 1 | | Section 10. The State Comptroller Act is amended by | 2 | | changing Sections 10.05, 10.05d, 16.1, and 27 as follows:
| 3 | | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
| 4 | | Sec. 10.05. Deductions from warrants; statement of reason | 5 | | for deduction. Whenever any person shall be entitled to a | 6 | | warrant or other
payment from the treasury or other funds held | 7 | | by the State Treasurer, on any
account, against whom there | 8 | | shall be any then due and payable account or claim in favor of | 9 | | the
State, the United States upon certification by the | 10 | | Secretary of the Treasury of the United States, or his or her | 11 | | delegate, pursuant to a reciprocal offset agreement under | 12 | | subsection (i-1) of Section 10 of the Illinois State Collection | 13 | | Act of 1986, or a unit of local government, a school district, | 14 | | a public institution of higher education, as defined in Section | 15 | | 1 of the Board of Higher Education Act, or the clerk of a | 16 | | circuit court, upon certification by that entity, the | 17 | | Comptroller, upon notification thereof, shall
ascertain the | 18 | | amount due and payable to the State, the United States, the | 19 | | unit of local government, the school district, the public | 20 | | institution of higher education, or the clerk of the circuit | 21 | | court, as aforesaid, and draw a
warrant on the treasury or on | 22 | | other funds held by the State Treasurer, stating
the amount for | 23 | | which the party was entitled to a warrant or other payment, the
| 24 | | amount deducted therefrom, and on what account, and directing |
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| 1 | | the payment of
the balance; which warrant or payment as so | 2 | | drawn shall be entered on the books
of the Treasurer, and such | 3 | | balance only shall be paid. The Comptroller may
deduct any one | 4 | | or more of the following: (i) the entire amount due and payable | 5 | | to the State or a portion
of the amount due and payable to the | 6 | | State in accordance with the request of
the notifying agency; | 7 | | (ii) the entire amount due and payable to the United States or | 8 | | a portion of the amount due and payable to the United States in | 9 | | accordance with a reciprocal offset agreement under subsection | 10 | | (i-1) of Section 10 of the Illinois State Collection Act of | 11 | | 1986; or (iii) the entire amount due and payable to the unit of | 12 | | local government, school district, public institution of | 13 | | higher education, or clerk of the circuit court, or a portion | 14 | | of the amount due and payable to that entity, in accordance | 15 | | with an intergovernmental agreement authorized under this | 16 | | Section and Section 10.05d. No request from a notifying agency, | 17 | | the Secretary of the Treasury of the United States, a unit of | 18 | | local government, a school district, a public institution of | 19 | | higher education, or the clerk of a circuit court for an amount | 20 | | to be
deducted under this Section from a wage or salary | 21 | | payment, or from a
contractual payment to an individual for | 22 | | personal services, or from pension annuity payments made under | 23 | | the Illinois Pension Code shall exceed 25% of
the net amount of | 24 | | such payment. "Net amount" means that part of the earnings
of | 25 | | an individual remaining after deduction of any amounts required | 26 | | by law to be
withheld. For purposes of this provision, wage, |
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| 1 | | salary or other payments for
personal services shall not | 2 | | include final compensation payments for the value
of accrued | 3 | | vacation, overtime or sick leave. Whenever the Comptroller | 4 | | draws a
warrant or makes a payment involving a deduction | 5 | | ordered under this Section,
the Comptroller shall notify the | 6 | | payee and the State agency that submitted
the voucher of the | 7 | | reason for the deduction and he or she shall retain a record of | 8 | | such
statement in his or her
records. As used in this Section, | 9 | | an "account or
claim in favor of the State" includes all | 10 | | amounts owing to "State agencies"
as defined in Section 7 of | 11 | | this Act. However, the Comptroller shall not be
required to | 12 | | accept accounts or claims owing to funds not held by the State
| 13 | | Treasurer, where such accounts or claims do not exceed $50, nor | 14 | | shall the
Comptroller deduct from funds held by the State | 15 | | Treasurer under the Senior
Citizens and Persons with | 16 | | Disabilities Property Tax Relief Act or for payments to | 17 | | institutions from the Illinois Prepaid Tuition Trust
Fund
| 18 | | (unless the Trust Fund
moneys are used for child support).
The | 19 | | Comptroller shall not deduct from payments to be disbursed from | 20 | | the Child Support Enforcement Trust Fund as provided for under | 21 | | Section 12-10.2 of the Illinois Public Aid Code, except for | 22 | | payments representing interest on child support obligations | 23 | | under Section 10-16.5 of that Code. The Comptroller and the
| 24 | | Department of Revenue shall enter into an
interagency agreement | 25 | | to establish responsibilities, duties, and procedures
relating | 26 | | to deductions from lottery prizes awarded under Section 20.1
of |
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| 1 | | the Illinois Lottery Law. The Comptroller may enter into an | 2 | | intergovernmental agreement with the Department of Revenue and | 3 | | the Secretary of the Treasury of the United States, or his or | 4 | | her delegate, to establish responsibilities, duties, and | 5 | | procedures relating to reciprocal offset of delinquent State | 6 | | and federal obligations pursuant to subsection (i-1) of Section | 7 | | 10 of the Illinois State Collection Act of 1986. The | 8 | | Comptroller may enter into intergovernmental agreements with | 9 | | any unit of local government, school district, public | 10 | | institution of higher education, or clerk of a circuit court to | 11 | | establish responsibilities, duties, and procedures to provide | 12 | | for the offset, by the Comptroller, of obligations owed to | 13 | | those entities.
| 14 | | For the purposes of this Section, "clerk of a circuit | 15 | | court" means the clerk of a circuit court in any county in the | 16 | | State. | 17 | | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
| 18 | | (15 ILCS 405/10.05d) | 19 | | Sec. 10.05d. Deductions for delinquent obligations owed to | 20 | | units of local government, school districts, public | 21 | | institutions of higher education, and clerks of the circuit | 22 | | courts. Pursuant to
Section 10.05 and this Section, the | 23 | | Comptroller may enter into intergovernmental agreements with a | 24 | | unit of local government, a school district, a public | 25 | | institution of higher education, or the clerk of a circuit |
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| 1 | | court, in order to provide for (i) the use of the Comptroller's | 2 | | offset system to collect delinquent obligations owed to that | 3 | | entity and (ii) the payment to the Comptroller of a processing | 4 | | charge of up to $15 per transaction for offsets processed | 5 | | without the assistance of a third-party vendor and a processing | 6 | | charge of up to $20 per transaction for offsets processed with | 7 | | the assistance of a third-party vendor. A third-party vendor | 8 | | may be selected by the Comptroller, pursuant to lawful | 9 | | procurement practices, in order to provide enhanced | 10 | | identification services to the State. The
Comptroller shall | 11 | | deduct, from a warrant or other payment described in Section | 12 | | 10.05, in accordance with the procedures provided therein, its | 13 | | processing charge and the amount
certified as necessary to | 14 | | satisfy, in whole or in part, the
delinquent obligation owed to | 15 | | the unit of local government, school district, public | 16 | | institution of higher education, or clerk of the circuit court, | 17 | | as applicable. The Comptroller shall provide
the unit of local | 18 | | government, school district, public institution of higher | 19 | | education, or clerk of the circuit court, as applicable, with | 20 | | the address to which the warrant or other
payment was to be | 21 | | mailed and any other information pertaining to each
person from | 22 | | whom a deduction is made pursuant to this Section. All | 23 | | deductions ordered under this Section and processing charges | 24 | | imposed under this Section shall be deposited into the | 25 | | Comptroller Debt Recovery Trust Fund, a special fund that the | 26 | | Comptroller shall use for the collection of deductions and |
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| 1 | | processing charges, as provided by law, and the payment of | 2 | | deductions and administrative expenses, as provided by law. | 3 | | Upon processing a deduction, the Comptroller shall give | 4 | | written notice to the person subject to the offset. The notice | 5 | | shall inform the person that he or she may make a written | 6 | | protest to the Comptroller within 60 days after the Comptroller | 7 | | has given notice. The protest shall include the reason for | 8 | | contesting the deduction and any other information that will | 9 | | enable the Comptroller to determine the amount due and payable. | 10 | | The notice may inform the person that, in lieu of protest, he | 11 | | or she may provide written authority to the Comptroller to | 12 | | process the deduction immediately. Upon receiving the written | 13 | | authority provided by the person subject to the offset to | 14 | | process the deduction immediately, the Comptroller may process | 15 | | the deduction immediately. The intergovernmental agreement | 16 | | entered into under Section 10.05 and this Section shall | 17 | | establish procedures through which the Comptroller shall | 18 | | determine the validity of the protest and shall make a final | 19 | | disposition concerning the deduction. If the person subject to | 20 | | the offset has not made a written protest within 60 days after | 21 | | the Comptroller has given notice or if a final disposition is | 22 | | made concerning the deduction, the Comptroller shall pay the | 23 | | deduction to the unit of local government, school district, | 24 | | public institution of higher education, or clerk of the circuit | 25 | | court, as applicable, from the Comptroller Debt Recovery Trust | 26 | | Fund.
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| 1 | | For the purposes of this Section, "clerk of a circuit | 2 | | court" means a clerk of the circuit court in any county in the | 3 | | State. | 4 | | For purposes of this Section, "third-party vendor" means | 5 | | the vendor selected by the Comptroller to provide enhanced | 6 | | identification services to the State. | 7 | | (Source: P.A. 97-632, eff. 12-16-11; 97-970, eff. 8-16-12; | 8 | | 98-272, eff. 8-9-13.)
| 9 | | (15 ILCS 405/16.1) (from Ch. 15, par. 216.1)
| 10 | | Sec. 16.1.
All reports filed by local governmental units | 11 | | with the Comptroller
together with any accompanying comment or | 12 | | explanation immediately becomes
part of his or her public | 13 | | records and shall be open to public inspection. The Comptroller | 14 | | shall establish and maintain an online repository designated as | 15 | | "The Warehouse" that makes available to the public any and all | 16 | | reports required by law to be filed with the Office of the | 17 | | Comptroller by local governmental units. The
Comptroller shall | 18 | | make the information contained in such reports available
to | 19 | | State agencies and units of local government upon request.
| 20 | | (Source: P.A. 99-393, eff. 1-1-16 .)
| 21 | | (15 ILCS 405/27) | 22 | | Sec. 27. Comptroller's online ledger. The Comptroller | 23 | | shall establish and maintain an online repository of the | 24 | | State's financial transactions , to be known as the |
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| 1 | | Comptroller's "Online Ledger" . The Comptroller shall establish | 2 | | rules and regulations pertaining to the establishment and | 3 | | maintenance of the online ledger "Online Ledger" . Any listing | 4 | | of an immediately preceding year's amount of State employee | 5 | | salaries on the online ledger "Online Ledger" shall list the | 6 | | total amount paid to a State employee during that past calendar | 7 | | year, or a monthly reporting of a State employee's salary from | 8 | | that past calendar year, as rounded to the nearest hundred | 9 | | dollar. Any monthly reporting of a State employee's salary for | 10 | | the current year shall also be listed as rounded to the nearest | 11 | | hundred dollar. The Comptroller, in his or her discretion, may | 12 | | list the unadjusted total salary amount paid to a State | 13 | | employee for any previous year other than the rounded salary | 14 | | amount for the immediately preceding calendar year.
| 15 | | (Source: P.A. 99-393, eff. 1-1-16; 100-253, eff. 1-1-18 .) | 16 | | Section 15. The Comptroller Merit Employment Code is | 17 | | amended by changing Section 10b.7 as follows:
| 18 | | (15 ILCS 410/10b.7) (from Ch. 15, par. 432)
| 19 | | Sec. 10b.7.
For the granting of appropriate preference in | 20 | | entrance
examinations to qualified veterans or persons who have | 21 | | been members of the armed
forces of the United States or to | 22 | | qualified persons who, while citizens of
the United States, | 23 | | were members of the armed forces of allies of the United
States | 24 | | in time of hostilities with a foreign country, and to certain |
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| 1 | | other
persons as set forth in this Section.
| 2 | | (a) As used in this Section:
| 3 | | (1) "Time of hostilities with a foreign country" means | 4 | | any period of
time in the past, present, or future during | 5 | | which a declaration of war by
the United States Congress | 6 | | has been or is in effect or during which an
emergency | 7 | | condition has been or is in effect that is recognized by | 8 | | the
issuance of a Presidential proclamation or a | 9 | | Presidential executive order
and in which the armed forces | 10 | | expeditionary medal or other campaign service
medals are | 11 | | awarded according to Presidential executive order.
| 12 | | (2) "Armed forces of the United States" means the | 13 | | United States Army,
Navy, Air Force, Marine Corps, Coast | 14 | | Guard. Service in the Merchant Marine
that constitutes | 15 | | active duty under Section 401 of federal Public Law 95-202
| 16 | | shall also be considered service in the Armed Forces of the | 17 | | United States
for purposes of this Section.
| 18 | | (3) "Veteran" means a person who has served as a member of | 19 | | the armed forces of the United States, the Illinois National | 20 | | Guard, or a reserve component of the armed forces of the United | 21 | | States. | 22 | | (b) The preference granted under this Section shall be in | 23 | | the form of
points added to the final grades of the persons if | 24 | | they otherwise qualify
and are entitled to appear on the list | 25 | | of those eligible for appointments.
| 26 | | (c) A veteran is qualified for a preference of 10 points if |
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| 1 | | the veteran
currently holds proof of a service connected | 2 | | disability from the United
States Department of Veterans | 3 | | Affairs or an allied country or if the
veteran is a recipient | 4 | | of the Purple Heart.
| 5 | | (d) A veteran who has served during a time of hostilities | 6 | | with a
foreign country is qualified for a preference of 5 | 7 | | points if the veteran
served under one or more of the following | 8 | | conditions:
| 9 | | (1) The veteran served a total of at least 6 months, or
| 10 | | (2) The veteran served for the duration of hostilities | 11 | | regardless of the
length of engagement, or
| 12 | | (3) The veteran was discharged on the basis of | 13 | | hardship, or
| 14 | | (4) The veteran was released from active duty because | 15 | | of a service
connected disability and was discharged under | 16 | | honorable conditions.
| 17 | | (e) A person not eligible for a preference under subsection | 18 | | (c) or (d) is
qualified for a preference of 3 points if the | 19 | | person has served in the
armed forces of the United States, the | 20 | | Illinois National Guard, or any
reserve component of the armed | 21 | | forces of the United States and the person:
(1) served for at | 22 | | least 6 months and has been discharged under honorable
| 23 | | conditions ; or (2) has been discharged on the ground of | 24 | | hardship ; or (3) was
released from active duty because of a | 25 | | service connected disability ; or (4) served a minimum of 4 | 26 | | years in the Illinois National Guard or reserve component of |
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| 1 | | the armed forces of the United States regardless of whether or | 2 | | not the person was mobilized to active duty . An active
member | 3 | | of the National Guard or a reserve component of the armed | 4 | | forces of
the United States is eligible for the preference if | 5 | | the member meets the
service requirements of this subsection | 6 | | (e).
| 7 | | (f) The rank order of persons entitled to a preference on | 8 | | eligible
lists shall be determined on the basis of their | 9 | | augmented ratings. When the
Director establishes eligible | 10 | | lists on the basis of category ratings such
as "superior", | 11 | | "excellent", "well-qualified", and "qualified", the veteran
| 12 | | eligibles in each such category shall be preferred for | 13 | | appointment before
the non-veteran eligibles in the same | 14 | | category.
| 15 | | (g) Employees in positions covered by jurisdiction B who, | 16 | | while in good
standing, leave to engage in military service | 17 | | during a period of
hostility, shall be given credit for | 18 | | seniority purposes for time served
in the armed forces.
| 19 | | (h) A surviving unremarried spouse of a veteran who | 20 | | suffered a
service connected death or the spouse of a veteran | 21 | | who suffered a service
connected disability that prevents the | 22 | | veteran from qualifying for civil
service employment shall be | 23 | | entitled to the same preference to which the
veteran would have | 24 | | been entitled under this Section.
| 25 | | (i) A preference shall also be given to the following | 26 | | individuals:
10 points for one parent of an unmarried veteran |
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| 1 | | who suffered a service
connected death or a service connected | 2 | | disability that prevents the veteran
from qualifying for civil | 3 | | service employment. The first parent to receive a
civil service | 4 | | appointment shall be the parent entitled to the preference.
| 5 | | (Source: P.A. 87-796.)
| 6 | | Section 20. The Illinois State Collection Act of 1986 is | 7 | | amended by changing Section 5 as follows:
| 8 | | (30 ILCS 210/5) (from Ch. 15, par. 155)
| 9 | | Sec. 5. Rules; payment plans; offsets.
| 10 | | (a) Until July 1, 2004 for the Department of Public
Aid
and | 11 | | July 1, 2005 for Universities and all other State agencies,
| 12 | | State agencies shall adopt rules establishing formal due
dates | 13 | | for amounts owing to the State and for the referral of
| 14 | | seriously past due accounts to private collection agencies, | 15 | | unless
otherwise expressly provided by law or rule, except that | 16 | | on and after July 1,
2005, the Department of Employment | 17 | | Security may continue to refer to private
collection agencies | 18 | | past due amounts that are exempt from subsection (g).
Such | 19 | | procedures shall be
established in accord with sound business | 20 | | practices.
| 21 | | (b) Until July 1, 2004 for the Department of
Public Aid and | 22 | | July 1, 2005 for Universities and all other State agencies,
| 23 | | agencies may enter deferred payment plans for debtors of the | 24 | | agency
and documentation of this fact retained by the agency, |
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| 1 | | where the deferred
payment plan is likely to increase the net | 2 | | amount collected by the State,
except that, on and after July | 3 | | 1, 2005, the Department of Employment Security
may continue to | 4 | | enter deferred payment plans for debts that are exempt from
| 5 | | subsection (g).
| 6 | | (c) Until July 1, 2004 for the Department of
Public Aid
and | 7 | | July 1, 2005 for Universities and all other State agencies,
| 8 | | State agencies may use the Comptroller's Offset
System provided | 9 | | in
Section 10.05 of the State Comptroller Act for the | 10 | | collection of debts owed
to the agency, except that, on and | 11 | | after July 1, 2005, the Department of
Employment Security may | 12 | | continue to use the Comptroller's offset system to
collect | 13 | | amounts that are exempt from subsection (g). | 14 | | (c-1) All debts that exceed
$250 and are more than 90 days | 15 | | past
due shall be placed in the Comptroller's Offset System, | 16 | | unless (i) the State
agency shall have entered into a deferred | 17 | | payment plan or demonstrates to
the Comptroller's satisfaction | 18 | | that referral for offset is not cost effective; or (ii) the | 19 | | State agency is a university that elects to place in the | 20 | | Comptroller's Offset System only debts that exceed $1,000 and | 21 | | are more than 90 days past due. All debt, and maintenance of | 22 | | that debt, that is placed in the Comptroller's Offset System | 23 | | must be submitted electronically to the office of the | 24 | | Comptroller. Any exception to this requirement must be approved | 25 | | in writing by the Comptroller. | 26 | | (c-2) Upon processing a deduction to satisfy a debt owed to |
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| 1 | | a university or a State agency and placed in the Comptroller's | 2 | | Offset System in accordance with subsection (c-1), the | 3 | | Comptroller shall give written notice to the person subject to | 4 | | the offset. The notice shall inform the person that he or she | 5 | | may make a written protest to the Comptroller within 60 days | 6 | | after the Comptroller has given notice. The notice may inform | 7 | | the person that, in lieu of protest, he or she may provide | 8 | | written authority to the Comptroller to process the deduction | 9 | | immediately. Upon receiving the written authority provided by | 10 | | the person subject to the offset to process the deduction | 11 | | immediately, the Comptroller may process the deduction | 12 | | immediately. The protest shall include the reason for | 13 | | contesting the deduction and any other information that will | 14 | | enable the Comptroller to determine the amount due and payable. | 15 | | If the person subject to the offset has not made a written | 16 | | protest within 60 days after the Comptroller has given notice, | 17 | | or if a final disposition is made concerning the deduction, the | 18 | | Comptroller shall pay the deduction to the university or the | 19 | | State agency. | 20 | | (c-3) For a debt owed to a university or a State agency and | 21 | | placed in the Comptroller's Offset System in accordance with | 22 | | subsection (c-1), the Comptroller shall deduct, from a warrant | 23 | | or other payment, its processing charge and the amount | 24 | | certified as necessary to satisfy, in whole or in part, the | 25 | | debt owed to the university or the State agency. The | 26 | | Comptroller shall deduct a processing charge of up to $15 per |
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| 1 | | transaction for each offset and such charges shall be deposited | 2 | | into the Comptroller Debt Recovery Trust Fund.
| 3 | | (c-4) If a State university withholds moneys from a | 4 | | university-funded payroll for a debt in accordance with this | 5 | | Act, the university may also withhold the processing charge | 6 | | identified in Section 10.05d of the State Comptroller Act and | 7 | | subsection (c-3) of Section 5 of the Illinois State Collection | 8 | | Act of 1986. Both amounts must be remitted to the Office of the | 9 | | Comptroller in a timely manner. | 10 | | (d) State agencies shall develop internal procedures | 11 | | whereby
agency initiated payments to its debtors may be offset | 12 | | without referral to
the Comptroller's Offset System.
| 13 | | (e) State agencies or the Comptroller may remove claims | 14 | | from the
Comptroller's Offset System, where such claims have | 15 | | been inactive for more
than one year.
| 16 | | (f) State agencies may use the Comptroller's Offset System | 17 | | to determine if
any State agency is attempting to collect debt | 18 | | from a contractor, bidder, or
other proposed contracting party.
| 19 | | (g) Beginning July 1, 2004 for the Departments of Public | 20 | | Aid (now Healthcare and Family Services) and
Employment | 21 | | Security and July 1, 2005 for Universities and other State | 22 | | agencies,
State agencies shall refer to the Department of | 23 | | Revenue Debt Collection Bureau
(the Bureau) all debt to the | 24 | | State, provided that the debt satisfies the
requirements
for | 25 | | referral of delinquent debt as established by rule by the | 26 | | Department of
Revenue.
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| 1 | | (h) The Department of Healthcare and Family Services shall | 2 | | be exempt from the requirements of
this Section with regard to | 3 | | child support debts, the collection of which is
governed by the | 4 | | requirements of Title IV, Part D of the federal Social Security
| 5 | | Act. The Department of Healthcare and Family Services may refer | 6 | | child support debts to the Bureau,
provided that the debt | 7 | | satisfies the requirements for referral of delinquent
debt as
| 8 | | established by rule by the Department of Revenue. The Bureau | 9 | | shall use all
legal means available to collect child support | 10 | | debt, including those
authorizing the Department of Revenue to | 11 | | collect debt and those authorizing the
Department of Healthcare | 12 | | and Family Services to collect debt. All such referred debt | 13 | | shall remain
an obligation under the Department of Healthcare | 14 | | and Family Services' Child
Support Enforcement Program subject | 15 | | to the requirements of Title IV, Part D of
the federal Social | 16 | | Security Act, including the continued use of federally
mandated | 17 | | enforcement remedies and techniques by the Department of | 18 | | Healthcare and Family Services.
| 19 | | (h-1) The Department of Employment Security is exempt from | 20 | | subsection (g)
with regard to debts to any federal account, | 21 | | including but not limited to the
Unemployment Trust Fund, and | 22 | | penalties and interest assessed under the
Unemployment | 23 | | Insurance Act. The Department of Employment Security may refer
| 24 | | those debts to the Bureau, provided the debt satisfies the | 25 | | requirements for
referral of delinquent debt as established by | 26 | | rule by the Department of
Revenue. The Bureau shall use all |
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| 1 | | legal means available to collect the debts,
including those | 2 | | authorizing the Department of Revenue to collect debt and those
| 3 | | authorizing the Department of Employment Security to collect | 4 | | debt. All
referred debt shall remain an obligation to the | 5 | | account to which it is owed.
| 6 | | (i) All debt referred to the Bureau for collection shall | 7 | | remain the property
of the referring agency. The Bureau shall | 8 | | collect debt on behalf of the
referring agency using all legal | 9 | | means available, including those authorizing
the Department of | 10 | | Revenue to collect debt and those authorizing the referring
| 11 | | agency to collect debt.
| 12 | | (j) No debt secured by an interest in real property granted | 13 | | by the debtor in
exchange for the creation of the debt shall be | 14 | | referred to the Bureau. The
Bureau shall have no obligation to | 15 | | collect debts secured by an interest in real
property.
| 16 | | (k) Beginning July 1, 2003, each agency shall collect and | 17 | | provide the Bureau
information regarding the nature and details | 18 | | of its debt in such form and
manner as the Department of | 19 | | Revenue shall require.
| 20 | | (l) For all debt accruing after July 1, 2003, each agency | 21 | | shall collect and
transmit such debtor identification | 22 | | information as the Department of Revenue
shall require.
| 23 | | (Source: P.A. 97-759, eff. 7-6-12; 98-1043, eff. 8-25-14.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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