Full Text of HB0819 103rd General Assembly
HB0819ham001 103RD GENERAL ASSEMBLY | Rep. Anthony DeLuca Filed: 4/16/2024 | | 10300HB0819ham001 | | LRB103 04412 HLH 72415 a |
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| 1 | | AMENDMENT TO HOUSE BILL 819
| 2 | | AMENDMENT NO. ______. Amend House Bill 819 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The State Comptroller Act is amended by | 5 | | changing Section 10.05 as follows: | 6 | | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05) | 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 then due and payable account or claim in favor of | 12 | | the State, the United States upon certification by the | 13 | | Secretary of the Treasury of the United States, or his or her | 14 | | delegate, pursuant to a reciprocal offset agreement under | 15 | | subsection (i-1) of Section 10 of the Illinois State | 16 | | Collection Act of 1986, or a unit of local government, a school |
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| 1 | | district, a public institution of higher education, as defined | 2 | | in Section 1 of the Board of Higher Education Act, a public | 3 | | agency or association organized under an intergovernmental | 4 | | agreement in accordance with the provisions of the | 5 | | Intergovernmental Cooperation Act, including an | 6 | | intergovernmental risk management association or | 7 | | self-insurance pool, or the clerk of a circuit court, upon | 8 | | certification by that entity, the Comptroller, upon | 9 | | notification thereof, shall ascertain the amount due and | 10 | | payable to the State, the United States, the unit of local | 11 | | government, the school district, the public institution of | 12 | | higher education, the public agency or association organized | 13 | | under an intergovernmental agreement in accordance with the | 14 | | provisions of the Intergovernmental Cooperation Act, or the | 15 | | clerk of the circuit court, as aforesaid, and draw a warrant on | 16 | | the treasury or on other funds held by the State Treasurer, | 17 | | stating the amount for which the party was entitled to a | 18 | | warrant or other payment, the amount deducted therefrom, and | 19 | | on what account, and directing the payment of the balance; | 20 | | which warrant or payment as so drawn shall be entered on the | 21 | | books of the Treasurer, and such balance only shall be paid. | 22 | | The Comptroller may deduct any one or more of the following: | 23 | | (i) the entire amount due and payable to the State or a portion | 24 | | of the amount due and payable to the State in accordance with | 25 | | the request of the notifying agency; (ii) the entire amount | 26 | | due and payable to the United States or a portion of the amount |
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| 1 | | due and payable to the United States in accordance with a | 2 | | reciprocal offset agreement under subsection (i-1) of Section | 3 | | 10 of the Illinois State Collection Act of 1986; or (iii) the | 4 | | entire amount due and payable to the unit of local government, | 5 | | the school district, the public institution of higher | 6 | | education, the public agency or association organized under an | 7 | | intergovernmental agreement in accordance with the provisions | 8 | | of the Intergovernmental Cooperation Act, or the clerk of the | 9 | | circuit court, or a portion of the amount due and payable to | 10 | | that entity, in accordance with an intergovernmental agreement | 11 | | authorized under this Section and Section 10.05d. No request | 12 | | from a notifying agency, the Secretary of the Treasury of the | 13 | | United States, a unit of local government, a school district, | 14 | | a public institution of higher education, a public agency or | 15 | | association organized under an intergovernmental agreement in | 16 | | accordance with the provisions of the Intergovernmental | 17 | | Cooperation Act, or the clerk of a circuit court for an amount | 18 | | to be deducted under this Section from a wage or salary | 19 | | payment, from a contractual payment to an individual for | 20 | | personal services, or from pension annuity payments made under | 21 | | the Illinois Pension Code shall exceed 25% of the net amount of | 22 | | such payment. "Net amount" means that part of the earnings of | 23 | | an individual remaining after deduction of any amounts | 24 | | required by law to be withheld. For purposes of this | 25 | | provision, wage, salary or other payments for personal | 26 | | services shall not include final compensation payments for the |
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| 1 | | value of accrued vacation, overtime or sick leave. Whenever | 2 | | the Comptroller draws a warrant or makes a payment involving a | 3 | | deduction ordered under this Section, the Comptroller shall | 4 | | notify the payee and the State agency that submitted the | 5 | | voucher of the reason for the deduction and he or she shall | 6 | | retain a record of such statement in his or her records. As | 7 | | used in this Section, an "account or claim in favor of the | 8 | | State" includes all amounts owing to "State agencies" as | 9 | | defined in Section 7 of this Act. However, the Comptroller | 10 | | shall not be required to accept accounts or claims owing to | 11 | | funds not held by the State Treasurer, where such accounts or | 12 | | claims do not exceed $50, nor shall the Comptroller deduct | 13 | | from funds held by the State Treasurer under the Senior | 14 | | Citizens and Persons with Disabilities Property Tax Relief Act | 15 | | or for payments to institutions from the Illinois Prepaid | 16 | | Tuition Trust Fund (unless the Trust Fund moneys are used for | 17 | | child support). The Comptroller shall not deduct from payments | 18 | | to be disbursed from the Child Support Enforcement Trust Fund | 19 | | as provided for under Section 12-10.2 of the Illinois Public | 20 | | Aid Code, except for payments representing interest on child | 21 | | support obligations under Section 10-16.5 of that Code. The | 22 | | Comptroller and the Department of Revenue shall enter into an | 23 | | interagency agreement to establish responsibilities, duties, | 24 | | and procedures relating to deductions from lottery prizes | 25 | | awarded under Section 20.1 of the Illinois Lottery Law. The | 26 | | Comptroller may enter into an intergovernmental agreement with |
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| 1 | | the Department of Revenue and the Secretary of the Treasury of | 2 | | the United States, or his or her delegate, to establish | 3 | | responsibilities, duties, and procedures relating to | 4 | | reciprocal offset of delinquent State and federal obligations | 5 | | pursuant to subsection (i-1) of Section 10 of the Illinois | 6 | | State Collection Act of 1986. The Comptroller may enter into | 7 | | intergovernmental agreements with a any unit of local | 8 | | government, a school district, a public institution of higher | 9 | | education, a public agency or association organized under an | 10 | | intergovernmental agreement in accordance with the provisions | 11 | | of the Intergovernmental Cooperation Act, or the clerk of a | 12 | | circuit court to establish responsibilities, duties, and | 13 | | procedures to provide for the offset, by the Comptroller, of | 14 | | obligations owed to those entities. | 15 | | For the purposes of this Section, "clerk of a circuit | 16 | | court" means the clerk of a circuit court in any county in the | 17 | | State. | 18 | | (Source: P.A. 99-143, eff. 7-27-15; 100-763, eff. 8-10-18.) | 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.". |
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