State of Illinois
92nd General Assembly
Legislation

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92_HB0121

 
                                              LRB89200888TAtm

 1        AN ACT to amend the Illinois State Collection Act of 1986
 2    by changing Section 8.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Illinois State Collection Act of 1986 is
 6    amended by changing Section 8 as follows:

 7        (30 ILCS 210/8) (from Ch. 15, par. 158)
 8        Sec. 8.  Debt Collection Board.   There is created a Debt
 9    Collection  Board  consisting  of  the  Director  of  Central
10    Management Services as chairman, the State  Comptroller,  and
11    the  Attorney  General,  or  their respective designees.  The
12    Board shall establish a centralized  collections  service  to
13    undertake  further  collection efforts on delinquent accounts
14    or claims of the State that which  have  not  been  collected
15    through  the  reasonable  efforts  of  the  respective  State
16    agencies.    The Board shall promulgate rules and regulations
17    pursuant to the Illinois Administrative  Procedure  Act  with
18    regard  to the establishment of timetables and the assumption
19    of responsibility for agency accounts  receivable  that  have
20    not  been  collected  by  the  agency,  are  not subject to a
21    current  repayment  plan,  or  have  not  been  certified  as
22    uncollectible as of the date specified  by  the  Board.   The
23    Board  shall  make  a  final evaluation of those accounts and
24    either (i) direct or conduct  further  collection  activities
25    when  further  collection  efforts  are  in the best economic
26    interest of the State or (ii) in accordance with Section 2 of
27    the Uncollected State Claims Act, certify the  receivable  as
28    uncollectible  or  submit the account to the Attorney General
29    for that certification.
30        The Board is empowered to  adopt  rules  and  regulations
31    subject  to  the  provisions  of  the Illinois Administrative
 
                            -2-                LRB9200888TAtm
 1    Procedure Act.
 2        The  Board  is  empowered  to  enter  into  one  or  more
 3    contracts with outside vendors with demonstrated capabilities
 4    in the area of account collection.  The  contracts  shall  be
 5    let  on  the  basis  of  competitive  proposals  secured from
 6    responsible proposers.  The Board may require that vendors be
 7    prequalified.  All contracts shall provide for  a  contingent
 8    fee  based on the age, nature, amount, and type of delinquent
 9    account.  The Board may  adopt  a  reasonable  classification
10    schedule  for  the various receivables.  The contractor shall
11    remit the amount collected, net of the contingent fee, to the
12    respective State agency which shall deposit  the  net  amount
13    received  into  the fund that would have received the receipt
14    had it been collected by the State agency.  No portion of the
15    collections shall be deposited into  an  Accounts  Receivable
16    Fund  established  under  Section  6 of this Act.   The Board
17    shall act only upon the unanimous vote of its members.
18    (Source: P.A. 89-511, eff. 1-1-97.)

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