Public Act 097-0970
 
SB0180 EnrolledLRB097 04011 JDS 44050 b



    AN ACT concerning 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 
Sections  10.05 and  10.05d as follows:
 



    (15 ILCS 405/10.05)  (from Ch. 15, par. 210.05)



    Sec. 10.05. Deductions from warrants; statement of reason 
for deduction. Whenever any person shall be entitled to a 
warrant or other
payment from the treasury or other funds held 
by the State Treasurer, on any
account, against whom there 
shall be any then due and payable account or claim in favor of 
the
State, the United States upon certification by the 
Secretary of the Treasury of the United States, or his or her 
delegate, pursuant to a reciprocal offset agreement under 
subsection (i-1) of Section 10 of the Illinois State Collection 
Act of 1986, or a unit of local government,  a school district, 
or a public institution of higher education, as defined in 
Section 1 of the Board of Higher Education Act, or the clerk of 
a circuit court, upon certification by that entity, the 
Comptroller, upon notification thereof, shall
ascertain the 
amount due and payable to the State, the United States, the 
unit of local government, the school district, or the public 
institution of higher education, or the clerk of the circuit 
court, as aforesaid, and draw a
warrant on the treasury or on 
other funds held by the State Treasurer, stating
the amount for 
which the party was entitled to a warrant or other payment, the

amount deducted therefrom, and on what account, and directing 
the payment of
the balance; which warrant or payment as so 
drawn shall be entered on the books
of the Treasurer, and such 
balance only shall be paid. The Comptroller may
deduct any one 
or more of the following: (i) the entire amount due and payable 
to the State or a portion
of the amount due and payable to the 
State in accordance with the request of
the notifying agency; 
(ii) the entire amount due and payable to the United States or 
a portion of the amount due and payable to the United States in 
accordance with a reciprocal offset agreement under subsection 
(i-1) of Section 10 of the Illinois State Collection Act of 
1986; or (iii) the entire amount due and payable to the unit of 
local government,  school district, or public institution of 
higher education, or clerk of  the circuit court, or a portion 
of the amount due and payable to that entity, in accordance 
with an intergovernmental agreement authorized under this 
Section and Section 10.05d.  No request from a notifying agency, 
the Secretary of the Treasury of the United States, a unit of 
local government, a school district, or a public institution of 
higher education, or the  clerk of a circuit court for an amount 
to be
deducted under this Section from a wage or salary 
payment, or from a
contractual payment to an individual for 
personal services, shall exceed 25% of
the net amount of such 
payment.  "Net amount" means that part of the earnings
of an 
individual remaining after deduction of any amounts required by 
law to be
withheld.  For purposes of this provision, wage, 
salary or other payments for
personal services shall not 
include final compensation payments for the value
of accrued 
vacation, overtime or sick leave.  Whenever the Comptroller 
draws a
warrant or makes a payment involving a deduction 
ordered under this Section,
the Comptroller shall notify the 
payee and the State agency that submitted
the voucher of the 
reason for the deduction and he or she shall retain a record of 
such
statement in his or her
records. As used in this Section, 
an "account or
claim in favor of the State" includes all 
amounts owing to "State agencies"
as defined in Section 7 of 
this Act. However, the Comptroller shall not be
required to 
accept accounts or claims owing to funds not held by the State

Treasurer, where such accounts or claims do not exceed $50, nor 
shall the
Comptroller deduct from funds held by the State 
Treasurer under the Senior
Citizens and Disabled Persons 
Property Tax Relief and Pharmaceutical Assistance
Act or for 
payments to institutions from the Illinois Prepaid Tuition 
Trust
Fund
(unless the Trust Fund
moneys are used for child 
support).
The Comptroller and the
Department of Revenue shall 
enter into an
interagency agreement to establish 
responsibilities, duties, and procedures
relating to 
deductions from lottery prizes awarded under Section 20.1
of 
the Illinois Lottery Law. The Comptroller may enter into an 
intergovernmental agreement with the Department of Revenue and 
the Secretary of the Treasury of the United States, or his or 
her delegate, to establish responsibilities, duties, and 
procedures relating to reciprocal offset of delinquent State 
and federal obligations pursuant to subsection (i-1) of Section 
10 of the Illinois State Collection Act of 1986. The 
Comptroller  may enter into  intergovernmental agreements with 
any unit of local government,  school district, or  public 
institution of higher education, or clerk of a circuit court to 
establish responsibilities, duties, and procedures to provide 
for the offset, by the Comptroller, of obligations owed to 
those entities.

    For the purposes of this Section, "clerk of a circuit 
court" means the clerk of a circuit court in any county in the 
State. 
(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A. 
97-632 for the effective date of changes made by P.A. 97-269); 
97-632, eff. 12-16-11.)

 
    (15 ILCS 405/10.05d)
    Sec. 10.05d. Deductions for delinquent  obligations owed to 
units of local government,  school districts, and  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, or   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. 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, or  public institution of higher education, or 
clerk of the circuit court, as applicable. The Comptroller 
shall provide
the unit of local government,  school district, or  
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, or 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. 
(Source: P.A. 97-632, eff. 12-16-11.)
 

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