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[ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_SB2424enr SB2424 Enrolled LRB9217761SMpkA 1 AN ACT concerning State finance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.570 as follows: 6 (30 ILCS 105/5.570 new) 7 Sec. 5.570. The Sheridan Correctional Center Fund. 8 Section 10. The Illinois State Collection Act of 1986 is 9 amended by changing Section 8 as follows: 10 (30 ILCS 210/8) (from Ch. 15, par. 158) 11 Sec. 8. Debt Collection Board. There is created a Debt 12 Collection Board consisting of the Director of Central 13 Management Services as chairman, the State Comptroller, and 14 the Attorney General, or their respective designees. The 15 Board shall establish a centralized collections service to 16 undertake further collection efforts on delinquent accounts 17 or claims of the State which have not been collected through 18 the reasonable efforts of the respective State agencies. 19 The Board shall promulgate rules and regulations pursuant to 20 the Illinois Administrative Procedure Act with regard to the 21 establishment of timetables and the assumption of 22 responsibility for agency accounts receivable that have not 23 been collected by the agency, are not subject to a current 24 repayment plan, or have not been certified as uncollectible 25 as of the date specified by the Board. The Board shall make 26 a final evaluation of those accounts and either (i) direct or 27 conduct further collection activities when further collection 28 efforts are in the best economic interest of the State or 29 (ii) in accordance with Section 2 of the Uncollected State SB2424 Enrolled -2- LRB9217761SMpkA 1 Claims Act, certify the receivable as uncollectible or submit 2 the account to the Attorney General for that certification. 3 The Board is empowered to adopt rules and regulations 4 subject to the provisions of the Illinois Administrative 5 Procedure Act. 6 The Board is empowered to enter into one or more 7 contracts with outside private vendors with demonstrated 8 capabilities in the area of account collection for the 9 collection of the delinquent accounts before the accounts 10 have been certified as uncollectible under this Section. The 11 contracts shall be let on the basis of competitive proposals 12 secured from responsible proposers. The Board may require 13 that vendors be prequalified. All contracts shall provide 14 for a contingent fee based on the age, nature, amount and 15 type of delinquent account. The Board may adopt a reasonable 16 classification schedule for the various receivables. The 17 contractor shall remit the amount collected, net of the 18 contingent fee, to the respective State agency which shall 19 deposit the net amount received into the fund that would have 20 received the receipt had it been collected by the State 21 agency. No portion of the collections shall be deposited 22 into an Accounts Receivable Fund established under Section 6 23 of this Act. The Board shall act only upon the unanimous 24 vote of its members. 25 After accounts have been certified by the Board or the 26 Attorney General as uncollectible under this Section, the 27 Director of Central Management Services may sell the debts 28 that are eligible for sale to one or more outside private 29 vendors or may enter into one or more contracts with outside 30 private vendors for the purpose of pursuing a last-call 31 collection effort to collect these debts. All contracts with 32 outside private vendors for the purpose of pursuing a 33 last-call collection effort to collect the debts shall 34 provide for a contingent fee. Beginning on the effective SB2424 Enrolled -3- LRB9217761SMpkA 1 date of this amendatory Act of the 92nd General Assembly, the 2 outside private vendors shall remit to the Department of 3 Central Management Services either (i) all amounts collected 4 under a contract, net of any contingent fees, or (ii) the 5 purchase price for debts sold. Beginning on the effective 6 date of this amendatory Act of the 92nd General Assembly, the 7 Director of Central Management Services shall direct the 8 State Comptroller to deposit the first $28,000,000 received 9 under this Section, excluding those funds that by law may not 10 be diverted from their original purpose, into the Sheridan 11 Correctional Center Fund, a special fund in the State 12 treasury. All other amounts received under this Section shall 13 be deposited into the fund that would have received the 14 receipt had it been collected by the State agency. All moneys 15 in the Sheridan Correctional Center Fund shall be 16 appropriated to the Department of Corrections to be used for 17 the sole purpose of keeping open or re-opening, as the case 18 may be, the Sheridan Correctional Center and for its 19 continued operation, and for no other purpose. 20 (Source: P.A. 89-511, eff. 1-1-97.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.