|
collector's fee shall be on a contingency
basis and that the |
debt collector shall not be entitled to collect a
contingency |
fee for any debt collected through the efforts of any State |
offset
system.
|
(c) The Department of Revenue shall adopt rules for the |
certification of
debt from referring agencies and shall adopt |
rules for the certification of
collection specialists to be |
employed by the Bureau.
|
(d) The Department of Revenue shall adopt rules for |
determining when a debt
referred by an agency shall be deemed |
by the Bureau to be uncollectible.
|
(e) Once an agency's debt is deemed by the Bureau to be |
uncollectible, the
Bureau shall return the debt to the |
referring agency which shall then write the
debt off as |
uncollectible in accordance with the requirements of the |
Uncollected State Claims Act or return the debt to the Bureau |
for additional
collection efforts. The Bureau shall refuse to |
accept debt that has been deemed
uncollectible absent factual |
assertions from the referring agency that due to
circumstances |
not known at the time the debt was deemed uncollectible that |
the
debt is worthy of additional collection efforts.
|
(f) For each debt referred, the State agency shall retain |
all documents and
records relating to or supporting the debt. |
In the event a debtor shall raise a
reasonable doubt as to the |
validity of the debt, the Bureau may in its
discretion refer |
the debt back to the referring agency for further review and
|
|
recommendation.
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(g) The Department of Healthcare and Family Services shall |
be exempt from the requirements of
this Section
with regard to |
child support debts, the collection of which is governed by the
|
requirements of Title IV, Part D of the federal Social Security |
Act. The
Department of Healthcare and Family Services may refer |
child support debts to the Bureau, provided
that the debt |
satisfies the requirements for referral of delinquent debt as
|
established by rule by the Department of Revenue. The Bureau |
shall use all
legal means available to collect child support |
debt, including those
authorizing the Department of Revenue to |
collect debt and those authorizing the
Department of Healthcare |
and Family Services to collect debt. All such referred debt |
shall remain
an obligation under the Department of Healthcare |
and Family Services' Child Support Enforcement
Program subject |
to the requirements of Title IV, Part D of the federal Social
|
Security Act, including the continued use of federally mandated |
enforcement
remedies and techniques by the Department of |
Healthcare and Family Services.
|
(g-1) The Department of Employment Security is exempt from |
subsection (a)
with regard to debts to any federal account, |
including but not limited to the
Unemployment Trust Fund, and |
penalties and interest assessed under the
Unemployment |
Insurance Act. The Department of Employment Security may refer
|
those debts to the Bureau, provided the debt satisfies the |
requirements for
referral of delinquent debt as established by |
|
rule by the Department of
Revenue. The Bureau shall use all |
legal means available to collect the debts,
including those |
authorizing the Department of Revenue to collect debt and those
|
authorizing the Department of Employment Security to collect |
debt. All
referred debt shall remain an obligation to the |
account to which it is owed.
|
(h) The Debt Collection Fund is created as a special fund |
in the State
treasury. Debt collection contractors under this |
Act shall receive a
contingency fee as provided by the terms of |
their contracts with the Department
of Revenue. Thereafter, 20% |
of all amounts collected by the
Bureau, excluding amounts |
collected on behalf of the Departments of Healthcare and Family |
Services (formerly Public Aid)
and Revenue,
shall be deposited |
into the Debt Collection Fund, except that the Bureau shall not |
impose the 20% collection fee on any accounts referred by the |
General Assembly, the Supreme Court and several courts of this |
State, and the State executive branch constitutional officers. |
All remaining amounts
collected shall be deposited into the |
General Revenue Fund unless the funds are
owed to any State |
fund or funds other than the General Revenue Fund. Moneys in
|
the Debt Collection Fund shall be appropriated only for the |
administrative
costs of the Bureau. On the last day of each |
fiscal year, unappropriated moneys
and moneys otherwise deemed |
unneeded for the next fiscal year remaining in the
Debt |
Collection Fund may be transferred into the General Revenue |
Fund at the
Governor's reasonable discretion. The provisions of |
|
this subsection do not
apply to debt that is exempt from |
subsection (a) pursuant to subsection (g-1)
or child support |
debt referred to the Bureau by the Department of Healthcare and |
Family Services (formerly
Department of Public
Aid) pursuant to |
this amendatory Act of the 93rd General Assembly. Collections
|
arising from referrals from
the Department of Healthcare and |
Family Services (formerly
Department of Public Aid) shall be |
deposited into such fund or funds as the
Department of |
Healthcare and Family Services shall direct, in accordance with |
the requirements of
Title IV, Part D of the federal Social |
Security Act, applicable provisions of
State law, and the rules |
of the Department of Healthcare and Family Services. |
Collections arising
from referrals from the Department of |
Employment Security shall be deposited
into the fund or funds |
that the Department of Employment Security shall direct,
in |
accordance with the requirements of Section 3304(a)(3) of the |
federal
Unemployment Tax Act, Section 303(a)(4) of the federal |
Social Security Act, and
the Unemployment Insurance Act.
|
(i) The Attorney General and the State Comptroller may |
assist in the debt
collection efforts of the Bureau, as |
requested by the Department of Revenue.
|
(j) The Director of Revenue shall report annually to the |
General Assembly
and State Comptroller upon the debt collection |
efforts of the Bureau. Each
report shall include an analysis of |
the overdue debts owed to the State.
|
(k) The Department of Revenue shall adopt rules and |
|
procedures for the
administration of this amendatory Act of the |
93rd General Assembly. The rules
shall be adopted under the
|
Department of Revenue's emergency rulemaking authority within |
90 days following
the effective date of this amendatory Act of |
the 93rd General Assembly due to
the budget crisis threatening |
the public interest.
|
(l) The Department of Revenue's Debt Collection Bureau's |
obligations under
this
Section 10 shall be subject to |
appropriation by the General Assembly.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(30 ILCS 210/8 rep.)
|
Section 10. The Illinois State Collection Act of 1986 is |
amended by repealing Section 8.
|
Section 15. The Illinois Procurement Code is amended by |
changing Sections 50-11 and 50-60 as follows:
|
(30 ILCS 500/50-11)
|
Sec. 50-11. Debt delinquency.
|
(a) No person shall submit a bid for or enter into a |
contract with a State
agency under this Code if that person |
knows or should know that he or she or
any affiliate is
|
delinquent in the payment of any debt to the State, unless the |
person or
affiliate has
entered into a deferred payment plan to |
pay off the debt. For purposes of this
Section, the phrase |
|
"delinquent in the payment of any debt" shall be determined
by |
the Debt Collection Bureau Board.
For purposes of this Section, |
the term "affiliate" means any entity that (1)
directly,
|
indirectly, or constructively controls another entity, (2) is |
directly,
indirectly, or
constructively controlled by another |
entity, or (3) is subject to the control
of
a common
entity. |
For purposes of this subsection (a), a person controls an |
entity if the
person owns,
directly or individually, more than |
10% of the voting securities of that
entity.
As used in
this |
subsection (a), the term "voting security" means a security |
that (1)
confers upon the
holder the right to vote for the |
election of members of the board of directors
or similar
|
governing body of the business or (2) is convertible into, or |
entitles the
holder to receive
upon its exercise, a security |
that confers such a right to vote. A general
partnership
|
interest is a voting security.
|
(b) Every bid submitted to and contract executed by the |
State shall contain
a certification by the bidder or contractor |
that the contractor and its
affiliate is not barred
from being |
awarded a contract under this Section and that the contractor
|
acknowledges that the contracting State agency may declare the |
contract void if
the certification completed pursuant to this |
subsection (b) is false.
|
(Source: P.A. 92-404, eff. 7-1-02; 93-25, eff. 6-20-03.)
|
(30 ILCS 500/50-60)
|
|
Sec. 50-60. Voidable contracts.
|
(a) If any contract is entered into or purchase
or |
expenditure of funds is made in violation of this Code or any |
other law,
the contract may be declared void by the chief |
procurement officer or may be
ratified and affirmed,
provided |
the chief procurement officer determines that ratification is |
in the
best interests of the
State. If the contract is ratified |
and affirmed, it shall be without prejudice
to the State's |
rights to any appropriate damages.
|
(b) If, during the term of a contract, the contracting |
agency determines
that the contractor is delinquent in the |
payment of debt as set forth in
Section 50-11 of this Code, the |
State agency may declare the contract void if
it determines |
that voiding the contract is in the best interests of the |
State.
The Debt Collection Bureau Board shall adopt rules for |
the implementation of this
subsection (b).
|
(c) If, during the term of a contract, the contracting |
agency determines
that the contractor is in violation of |
Section 50-10.5 of this Code, the
contracting
agency shall |
declare the contract void.
|
(Source: P.A. 92-404, eff. 7-1-02; 93-600, eff. 1-1-04.)
|