Public Act 098-0272
 
SB0205 EnrolledLRB098 05392 MLW 35426 b



    AN ACT concerning State government.

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

 
    Section 5. The State Comptroller Act is amended  by changing 
Section 10.05d as follows:
 
    (15 ILCS 405/10.05d)
    Sec. 10.05d. Deductions for delinquent  obligations owed to 
units of local government,  school districts,  public 
institutions of higher education, and clerks of the circuit 
courts. Pursuant to
Section 10.05 and this Section, the 
Comptroller may enter into intergovernmental agreements with a 
unit of local government,  a school district,   a public 
institution of higher education, or the clerk of a circuit 
court, in order to provide for (i) the use of the Comptroller's 
offset system to collect delinquent obligations owed to that 
entity and (ii) the payment to the Comptroller of a processing 
charge of up to $15 per transaction for such offsets processed 
without the assistance of a third-party vendor and a processing 
charge of up to $20 per transaction for offsets processed with 
the assistance of a third-party vendor. A third-party vendor 
may be selected by the Comptroller, pursuant to lawful 
procurement practices, in order to provide enhanced 
identification services to the State. The
Comptroller shall 
deduct, from a warrant or other payment described in Section 
10.05, in accordance with the procedures provided therein, its 
processing charge and the amount
certified as necessary to 
satisfy, in whole or in part, the
delinquent obligation owed to 
the unit of local government,   school district,  public 
institution of higher education, or clerk of the circuit court, 
as applicable. The Comptroller shall provide
the unit of local 
government,  school district,  public institution of higher 
education, or clerk of the circuit court, as applicable, with 
the address to which the warrant or other
payment was to be 
mailed and any other information pertaining to each
person from 
whom a deduction is made pursuant to this Section. All 
deductions ordered  under this Section and processing charges 
imposed under this Section shall be deposited into the 
Comptroller Debt Recovery Trust Fund, a special fund that the 
Comptroller shall use for the collection of deductions  and 
processing charges, as provided by law, and the payment of 
deductions and administrative expenses, as provided by law.
    Upon processing a deduction, the Comptroller shall give 
written notice to the person subject to the offset. The notice 
shall inform the person that he or she may make a written 
protest to the Comptroller within 60 days after the Comptroller 
has given notice. The protest shall include the reason for 
contesting the deduction and any other information that will 
enable the Comptroller to determine the amount due and payable. 
The intergovernmental agreement entered into under Section 
10.05 and this Section shall establish procedures through which 
the Comptroller shall determine the validity of the protest and 
shall make a final disposition concerning the deduction. If  the 
person subject to the offset has not made a written protest 
within 60 days after the Comptroller has given notice or if a 
final disposition is made concerning the deduction, the 
Comptroller shall pay the deduction to the unit of local 
government, school district, public institution of higher 
education, or clerk of the circuit court, as applicable, from 
the Comptroller Debt Recovery Trust Fund. 

    For the purposes of this Section, "clerk of a circuit 
court" means a clerk of the circuit court in any county in the 
State. 
    For purposes of this Section, "third-party vendor" means 
the vendor selected by the Comptroller to provide enhanced 
identification services to the State. 
(Source: P.A. 97-632, eff. 12-16-11; 97-970, eff. 8-16-12.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  8/9/2013