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15 ILCS 405/10.05
(15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
Sec. 10.05. Deductions from warrants; statement of reason for deduction. Whenever any person shall be entitled to a warrant or other
payment from the treasury or other funds held by the State Treasurer, on any
account, against whom there shall be any then due and payable account or claim in favor of the
State, the United States upon certification by the Secretary of the Treasury of the United States, or his or her delegate, pursuant to a reciprocal offset agreement under subsection (i-1) of Section 10 of the Illinois State Collection Act of 1986, or a unit of local government, a school district, a public institution of higher education, as defined in Section 1 of the Board of Higher Education Act, or the clerk of a circuit court, upon certification by that entity, the Comptroller, upon notification thereof, shall
ascertain the amount due and payable to the State, the United States, the unit of local government, the school district, the public institution of higher education, or the clerk of the circuit court, as aforesaid, and draw a
warrant on the treasury or on other funds held by the State Treasurer, stating
the amount for which the party was entitled to a warrant or other payment, the
amount deducted therefrom, and on what account, and directing the payment of
the balance; which warrant or payment as so drawn shall be entered on the books
of the Treasurer, and such balance only shall be paid. The Comptroller may
deduct any one or more of the following: (i) the entire amount due and payable to the State or a portion
of the amount due and payable to the State in accordance with the request of
the notifying agency; (ii) the entire amount due and payable to the United States or a portion of the amount due and payable to the United States in accordance with a reciprocal offset agreement under subsection (i-1) of Section 10 of the Illinois State Collection Act of 1986; or (iii) the entire amount due and payable to the unit of local government, school district, public institution of higher education, or clerk of the circuit court, or a portion of the amount due and payable to that entity, in accordance with an intergovernmental agreement authorized under this Section and Section 10.05d. No request from a notifying agency, the Secretary of the Treasury of the United States, a unit of local government, a school district, a public institution of higher education, or the clerk of a circuit court for an amount to be
deducted under this Section from a wage or salary payment, from a
contractual payment to an individual for personal services, or from pension annuity payments made under the Illinois Pension Code shall exceed 25% of
the net amount of such payment. "Net amount" means that part of the earnings
of an individual remaining after deduction of any amounts required by law to be
withheld. For purposes of this provision, wage, salary or other payments for
personal services shall not include final compensation payments for the value
of accrued vacation, overtime or sick leave. Whenever the Comptroller draws a
warrant or makes a payment involving a deduction ordered under this Section,
the Comptroller shall notify the payee and the State agency that submitted
the voucher of the reason for the deduction and he or she shall retain a record of such
statement in his or her
records. As used in this Section, an "account or
claim in favor of the State" includes all amounts owing to "State agencies"
as defined in Section 7 of this Act. However, the Comptroller shall not be
required to accept accounts or claims owing to funds not held by the State
Treasurer, where such accounts or claims do not exceed $50, nor shall the
Comptroller deduct from funds held by the State Treasurer under the Senior
Citizens and Persons with Disabilities Property Tax Relief Act or for payments to institutions from the Illinois Prepaid Tuition Trust
Fund
(unless the Trust Fund
moneys are used for child support).
The Comptroller shall not deduct from payments to be disbursed from the Child Support Enforcement Trust Fund as provided for under Section 12-10.2 of the Illinois Public Aid Code, except for payments representing interest on child support obligations under Section 10-16.5 of that Code. The Comptroller and the
Department of Revenue shall enter into an
interagency agreement to establish responsibilities, duties, and procedures
relating to deductions from lottery prizes awarded under Section 20.1
of the Illinois Lottery Law. The Comptroller may enter into an intergovernmental agreement with the Department of Revenue and the Secretary of the Treasury of the United States, or his or her delegate, to establish responsibilities, duties, and procedures relating to reciprocal offset of delinquent State and federal obligations pursuant to subsection (i-1) of Section 10 of the Illinois State Collection Act of 1986. The Comptroller may enter into intergovernmental agreements with any unit of local government, school district, public institution of higher education, or clerk of a circuit court to establish responsibilities, duties, and procedures to provide for the offset, by the Comptroller, of obligations owed to those entities.
For the purposes of this Section, "clerk of a circuit court" means the clerk of a circuit court in any county in the State. (Source: P.A. 99-143, eff. 7-27-15; 100-763, eff. 8-10-18.)
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