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SB2367 |
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LRB095 19188 JAM 45430 b |
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| collector's fee shall be on a contingency
basis and that the |
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| debt collector shall not be entitled to collect a
contingency |
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| fee for any debt collected through the efforts of any State |
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| offset
system.
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| (c) The Department of Revenue shall adopt rules for the |
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| certification of
debt from referring agencies and shall adopt |
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| rules for the certification of
collection specialists to be |
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| employed by the Bureau.
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| (d) The Department of Revenue shall adopt rules for |
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| determining when a debt
referred by an agency shall be deemed |
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| by the Bureau to be uncollectible.
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| (e) Once an agency's debt is deemed by the Bureau to be |
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| uncollectible, the
Bureau shall return the debt to the |
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| referring agency which shall then write the
debt off as |
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| uncollectible or return the debt to the Bureau for additional
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| collection efforts. The Bureau shall refuse to accept debt that |
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| has been deemed
uncollectible absent factual assertions from |
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| the referring agency that due to
circumstances not known at the |
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| time the debt was deemed uncollectible that the
debt is worthy |
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| of additional collection efforts.
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| (f) For each debt referred, the State agency shall retain |
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| all documents and
records relating to or supporting the debt. |
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| In the event a debtor shall raise a
reasonable doubt as to the |
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| validity of the debt, the Bureau may in its
discretion refer |
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| the debt back to the referring agency for further review and
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| recommendation.
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SB2367 |
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LRB095 19188 JAM 45430 b |
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| (g) The Department of Healthcare and Family Services shall |
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| be exempt from the requirements of
this Section
with regard to |
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| child support debts, the collection of which is governed by the
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| requirements of Title IV, Part D of the federal Social Security |
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| Act. The
Department of Healthcare and Family Services may refer |
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| child support debts to the Bureau, provided
that the debt |
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| satisfies the requirements for referral of delinquent debt as
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| established by rule by the Department of Revenue. The Bureau |
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| shall use all
legal means available to collect child support |
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| debt, including those
authorizing the Department of Revenue to |
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| collect debt and those authorizing the
Department of Healthcare |
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| and Family Services to collect debt. All such referred debt |
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| shall remain
an obligation under the Department of Healthcare |
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| and Family Services' Child Support Enforcement
Program subject |
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| to the requirements of Title IV, Part D of the federal Social
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| Security Act, including the continued use of federally mandated |
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| enforcement
remedies and techniques by the Department of |
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| Healthcare and Family Services.
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| (g-1) The Department of Employment Security is exempt from |
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| subsection (a)
with regard to debts to any federal account, |
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| including but not limited to the
Unemployment Trust Fund, and |
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| penalties and interest assessed under the
Unemployment |
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| Insurance Act. The Department of Employment Security may refer
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| those debts to the Bureau, provided the debt satisfies the |
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| requirements for
referral of delinquent debt as established by |
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| rule by the Department of
Revenue. The Bureau shall use all |
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SB2367 |
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LRB095 19188 JAM 45430 b |
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| legal means available to collect the debts,
including those |
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| authorizing the Department of Revenue to collect debt and those
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| authorizing the Department of Employment Security to collect |
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| debt. All
referred debt shall remain an obligation to the |
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| account to which it is owed.
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| (h) The Debt Collection Fund is created as a special fund |
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| in the State
treasury. Debt collection contractors under this |
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| Act shall receive a
contingency fee as provided by the terms of |
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| their contracts with the Department
of Revenue. Thereafter, 20% |
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| of all amounts collected by the
Bureau, excluding amounts |
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| collected on behalf of the Departments of Healthcare and Family |
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| Services (formerly Public Aid)
and Revenue,
shall be deposited |
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| into the Debt Collection Fund. All remaining amounts
collected |
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| shall be deposited into the General Revenue Fund unless the |
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| funds are
owed to any State fund or funds other than the |
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| General Revenue Fund. Moneys in
the Debt Collection Fund shall |
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| be appropriated only for the administrative
costs of the |
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| Bureau. On the last day of each fiscal year, unappropriated |
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| moneys
and moneys otherwise deemed unneeded for the next fiscal |
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| year remaining in the
Debt Collection Fund may be transferred |
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| into the General Revenue Fund at the
Governor's reasonable |
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| discretion. The provisions of this subsection do not
apply to |
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| debt that is exempt from subsection (a) pursuant to subsection |
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| (g-1)
or child support debt referred to the Bureau by the |
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| Department of Healthcare and Family Services (formerly
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| Department of Public
Aid) pursuant to this amendatory Act of |
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SB2367 |
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LRB095 19188 JAM 45430 b |
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| the 93rd General Assembly. Collections
arising from referrals |
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| from
the Department of Healthcare and Family Services (formerly
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| Department of Public Aid) shall be deposited into such fund or |
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| funds as the
Department of Healthcare and Family Services shall |
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| direct, in accordance with the requirements of
Title IV, Part D |
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| of the federal Social Security Act, applicable provisions of
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| State law, and the rules of the Department of Healthcare and |
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| Family Services. Collections arising
from referrals from the |
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| Department of Employment Security shall be deposited
into the |
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| fund or funds that the Department of Employment Security shall |
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| direct,
in accordance with the requirements of Section |
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| 3304(a)(3) of the federal
Unemployment Tax Act, Section |
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| 303(a)(4) of the federal Social Security Act, and
the |
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| Unemployment Insurance Act.
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| (i) The Attorney General and the State Comptroller may |
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| assist in the debt
collection efforts of the Bureau, as |
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| requested by the Department of Revenue.
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| (j) The Director of Revenue shall report annually to the |
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| General Assembly
and State Comptroller upon the debt collection |
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| efforts of the Bureau. Each
report shall include an analysis of |
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| the overdue debts owed to the State.
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| (k) The Department of Revenue shall adopt rules and |
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| procedures for the
administration of this amendatory Act of the |
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| 93rd General Assembly. The rules
shall be adopted under the
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| Department of Revenue's emergency rulemaking authority within |
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| 90 days following
the effective date of this amendatory Act of |
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SB2367 |
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LRB095 19188 JAM 45430 b |
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| the 93rd General Assembly due to
the budget crisis threatening |
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| the public interest.
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| (l) The Department of Revenue's Debt Collection Bureau's |
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| obligations under
this
Section 10 shall be subject to |
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| appropriation by the General Assembly.
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| (m) Any fines imposed on a State or local political |
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| committee by the State Board of Elections may be referred to |
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| the Department of Revenue based upon the Board's evaluation and |
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| upon written notification to the committee. The State Board of |
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| Elections shall adopt rules governing the factors under which |
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| debt may be referred. The Bureau shall attempt to collect the |
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| debts referred by the State Board of Elections. |
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| (Source: P.A. 95-331, eff. 8-21-07.)
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