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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The State Comptroller Act is amended by changing | ||||||
| 5 | Section 10.05 as follows:
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| 6 | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
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| 7 | Sec. 10.05. Deductions from warrants; statement of reason | ||||||
| 8 | for deduction. Whenever any person shall be entitled to a | ||||||
| 9 | warrant or other
payment from the treasury or other funds held | ||||||
| 10 | by the State Treasurer, on any
account, against whom there | ||||||
| 11 | shall be any account or claim in favor of the
State or to the | ||||||
| 12 | United States upon certification by the Secretary of the | ||||||
| 13 | Treasury of the United States, or his or her delegate, pursuant | ||||||
| 14 | to a reciprocal offset agreement under subsection (i-1) of | ||||||
| 15 | Section 10 of the Illinois State Collection Act of 1986, then | ||||||
| 16 | due and payable, the Comptroller, upon notification thereof, | ||||||
| 17 | shall
ascertain the amount due and payable to the State, or to | ||||||
| 18 | the United States, as aforesaid, and draw a
warrant on the | ||||||
| 19 | treasury or on other funds held by the State Treasurer, stating
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| 20 | the amount for which the party was entitled to a warrant or | ||||||
| 21 | other payment, the
amount deducted therefrom, and on what | ||||||
| 22 | account, and directing the payment of
the balance; which | ||||||
| 23 | warrant or payment as so drawn shall be entered on the books
of | ||||||
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| 1 | the Treasurer, and such balance only shall be paid. The | ||||||
| 2 | Comptroller may
deduct the entire amount due and payable to the | ||||||
| 3 | State or may deduct a portion
of the amount due and payable to | ||||||
| 4 | the State in accordance with the request of
the notifying | ||||||
| 5 | agency, and may deduct the entire amount due and payable to the | ||||||
| 6 | United States, or may deduct a portion of the amount due and | ||||||
| 7 | payable to the United States, in accordance with a reciprocal | ||||||
| 8 | offset agreement under subsection (i-1) of Section 10 of the | ||||||
| 9 | Illinois State Collection Act of 1986. No request from a | ||||||
| 10 | notifying agency or from the Secretary of the Treasury of the | ||||||
| 11 | United States for an amount to be
deducted under this Section | ||||||
| 12 | from a wage or salary payment, or from a
contractual payment to | ||||||
| 13 | an individual for personal services, shall exceed 25% of
the | ||||||
| 14 | net amount of such payment. "Net amount" means that part of the | ||||||
| 15 | earnings
of an individual remaining after deduction of any | ||||||
| 16 | amounts required by law to be
withheld. For purposes of this | ||||||
| 17 | provision, wage, salary or other payments for
personal services | ||||||
| 18 | shall not include final compensation payments for the value
of | ||||||
| 19 | accrued vacation, overtime or sick leave. Whenever the | ||||||
| 20 | Comptroller draws a
warrant or makes a payment involving a | ||||||
| 21 | deduction ordered under this Section,
the Comptroller shall | ||||||
| 22 | notify the payee and the State agency that submitted
the | ||||||
| 23 | voucher of the reason for the deduction and he or she shall | ||||||
| 24 | retain a record of such
statement in his or her
records. As | ||||||
| 25 | used in this Section, an "account or
claim in favor of the | ||||||
| 26 | State" includes all amounts owing to "State agencies"
as | ||||||
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| 1 | defined in Section 7 of this Act. However, the Comptroller | ||||||
| 2 | shall not be
required to accept accounts or claims owing to | ||||||
| 3 | funds not held by the State
Treasurer, where such accounts or | ||||||
| 4 | claims do not exceed $50, nor shall the
Comptroller deduct from | ||||||
| 5 | funds held by the State Treasurer under the Senior
Citizens and | ||||||
| 6 | Disabled Persons Property Tax Relief and Pharmaceutical | ||||||
| 7 | Assistance
Act or for payments to institutions from the | ||||||
| 8 | Illinois Prepaid Tuition Trust
Fund
(unless the Trust Fund
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| 9 | moneys are used for child support). The Comptroller shall not | ||||||
| 10 | deduct from payments to be disbursed from the Child Support | ||||||
| 11 | Enforcement Trust Fund as provided for under Section 12-10.2 of | ||||||
| 12 | the Illinois Public Aid Code, except for payments representing | ||||||
| 13 | interest on child support obligations under Section 10-16.5 of | ||||||
| 14 | that Code.
The Comptroller and the
Department of Revenue shall | ||||||
| 15 | enter into an
interagency agreement to establish | ||||||
| 16 | responsibility, duties, and procedures
relating to deductions | ||||||
| 17 | from lottery prizes awarded under Section 20.1
of the Illinois | ||||||
| 18 | Lottery Law. The Comptroller may enter into an | ||||||
| 19 | intergovernmental agreement with the Department of Revenue and | ||||||
| 20 | the Secretary of the Treasury of the United States, or his or | ||||||
| 21 | her delegate, to establish responsibilities, duties, and | ||||||
| 22 | procedures relating to reciprocal offset of delinquent State | ||||||
| 23 | and federal obligations pursuant to subsection (i-1) of Section | ||||||
| 24 | 10 of the Illinois State Collection Act of 1986.
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| 25 | (Source: P.A. 97-269, eff. 1-1-12.)
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| 26 | Section 99. Effective date. This Act takes effect upon | ||||||
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| 1 | becoming law.
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