(30 ILCS 210/1) (from Ch. 15, par. 151)
Sec. 1.
This Act shall be known and may be cited as the "Illinois
State Collection Act of 1986".
(Source: P.A. 84-1344.)
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(30 ILCS 210/2) (from Ch. 15, par. 152)
Sec. 2.
This Act applies to all accounts or claims owed to "State
agencies", as that term is defined in the Illinois State Auditing Act,
except that the debt collection and write-off provisions of this Act
shall not apply to the Illinois State Scholarship
Commission in the administration of its student loan programs. To
the extent that some other statute prescribes procedures for collection of
particular types of accounts or claims owed to State agencies in conflict
with the provisions of this Act, such other statute shall continue in full
force and effect. The debt collection and write-off provisions of this Act
may be utilized by the General Assembly, the Supreme Court and the several
courts of this State, and the constitutionally elected State Officers, at
their discretion. However reporting requirements established by the
comptroller shall be followed by all State agencies. The provisions
of this Act shall be utilized at all times by all departments, agencies,
divisions, and offices under the jurisdiction of the Governor.
(Source: P.A. 85-814.)
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(30 ILCS 210/3) (from Ch. 15, par. 153)
Sec. 3.
Policy.
It is hereby declared to be the public policy of this State
to aggressively pursue the collection of accounts or claims due and payable
to the State of Illinois through all reasonable means. To this end, this
Act is supplementary to existing State laws prescribing the means of
collection of amounts owing to the State of Illinois and nothing in this
Act shall be construed to require compliance with the procedures set forth
herein as a condition precedent to compliance with any other statute
regulating or prescribing State collection procedures. Except as provided
in Section 8,
each State agency
shall have the principal responsibility for the timely collection of
accounts or claims owed to the State agency.
(Source: P.A. 89-511, eff. 1-1-97.)
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(30 ILCS 210/4) (from Ch. 15, par. 154)
Sec. 4.
(a) The Comptroller shall provide by rule appropriate
procedures for State agencies to follow in establishing and recording
within the State accounting system records of amounts owed to the State of
Illinois. The rules of the Comptroller shall include, but are not limited to:
(1) the manner by which State agencies shall | ||
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(2) systems to age accounts receivable of State | ||
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(3) standards by which State agencies' claims may be | ||
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(4) accounting procedures for estimating the amount | ||
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(5) accounting procedures for writing off bad debts | ||
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(b) State agencies shall report to the Comptroller information
concerning their accounts receivable and uncollectible claims in accordance
with the rules of the Comptroller, which may provide for summary reporting.
The Department of Revenue is exempt from the provisions of this subsection
with regard to debts the confidentiality of which the Department of Revenue is
required by law to maintain.
(c) The rules of the Comptroller authorized by this Section may specify
varying procedures and forms of reporting dependent upon the nature and
amount of the account receivable or uncollectible claim, the age of the
debt, the probability of collection and such other factors that will
increase the net benefit to the State of the collection effort.
(d) The Comptroller shall report annually by March 14 the amount of all delinquent debt owed to
each State agency as of December 31 of the previous calendar year. The report required under this subsection (d) shall be made available on the Comptroller's website.
(Source: P.A. 101-34, eff. 6-28-19.)
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(30 ILCS 210/5) (from Ch. 15, par. 155)
Sec. 5. Rules; payment plans; offsets.
(a) Until July 1, 2004 for the Department of Public
Aid
and July 1, 2005 for Universities and all other State agencies,
State agencies shall adopt rules establishing formal due
dates for amounts owing to the State and for the referral of
seriously past due accounts to private collection agencies, unless
otherwise expressly provided by law or rule, except that on and after July 1,
2005, the Department of Employment Security may continue to refer to private
collection agencies past due amounts that are exempt from subsection (g).
Such procedures shall be
established in accord with sound business practices.
(b) Until July 1, 2004 for the Department of
Public Aid and July 1, 2005 for Universities and all other State agencies,
agencies may enter deferred payment plans for debtors of the agency
and documentation of this fact retained by the agency, where the deferred
payment plan is likely to increase the net amount collected by the State,
except that, on and after July 1, 2005, the Department of Employment Security
may continue to enter deferred payment plans for debts that are exempt from
subsection (g).
(c) Until July 1, 2004 for the Department of
Public Aid
and July 1, 2005 for Universities and all other State agencies,
State agencies may use the Comptroller's Offset
System provided in
Section 10.05 of the State Comptroller Act for the collection of debts owed
to the agency, except that, on and after July 1, 2005, the Department of
Employment Security may continue to use the Comptroller's offset system to
collect amounts that are exempt from subsection (g). (c-1) All debts that exceed
$250 and are more than 90 days past
due shall be placed in the Comptroller's Offset System, unless (i) the State
agency shall have entered into a deferred payment plan or demonstrates to
the Comptroller's satisfaction that referral for offset is not cost effective; or (ii) the State agency is a university that elects to place in the Comptroller's Offset System only debts that exceed $1,000 and are more than 90 days past due. All debt, and maintenance of that debt, that is placed in the Comptroller's Offset System must be submitted electronically to the office of the Comptroller. Any exception to this requirement must be approved in writing by the Comptroller. (c-2) Upon processing a deduction to satisfy a debt owed to a university or a State agency and placed in the Comptroller's Offset System in accordance with subsection (c-1), 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 notice may inform the person that, in lieu of protest, he or she may provide written authority to the Comptroller to process the deduction immediately. Upon receiving the written authority provided by the person subject to the offset to process the deduction immediately, the Comptroller may process the deduction immediately. 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. 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 university or the State agency. (c-3) For a debt owed to a university or a State agency and placed in the Comptroller's Offset System in accordance with subsection (c-1), the Comptroller shall deduct, from a warrant or other payment, its processing charge and the amount certified as necessary to satisfy, in whole or in part, the debt owed to the university or the State agency. The Comptroller shall deduct a processing charge of up to $15 per transaction for each offset and such charges shall be deposited into the Comptroller Debt Recovery Trust Fund.
(c-4) If a State university withholds moneys from a university-funded payroll for a debt in accordance with this Act, the university may also withhold the processing charge identified in Section 10.05d of the State Comptroller Act and subsection (c-3) of Section 5 of the Illinois State Collection Act of 1986. Both amounts must be remitted to the Office of the Comptroller in a timely manner. (d) State agencies shall develop internal procedures whereby
agency initiated payments to its debtors may be offset without referral to
the Comptroller's Offset System.
(e) State agencies or the Comptroller may remove claims from the
Comptroller's Offset System, where such claims have been inactive for more
than one year.
(f) State agencies may use the Comptroller's Offset System to determine if
any State agency is attempting to collect debt from a contractor, bidder, or
other proposed contracting party.
(g) Beginning July 1, 2004 for the Departments of Public Aid (now Healthcare and Family Services) and
Employment Security and July 1, 2005 for Universities and other State agencies,
State agencies shall refer to the Department of Revenue Debt Collection Bureau
(the Bureau) all debt to the State, provided that the debt satisfies the
requirements
for referral of delinquent debt as established by rule by the Department of
Revenue.
(h) The Department of Healthcare and Family Services shall be exempt from the requirements of
this Section with regard to child support debts, the collection of which is
governed by the requirements of Title IV, Part D of the federal Social Security
Act. The Department of Healthcare and Family Services may refer child support debts to the Bureau,
provided that the debt satisfies the requirements for referral of delinquent
debt as
established by rule by the Department of Revenue. The Bureau shall use all
legal means available to collect child support debt, including those
authorizing the Department of Revenue to collect debt and those authorizing the
Department of Healthcare and Family Services to collect debt. All such referred debt shall remain
an obligation under the Department of Healthcare and Family Services' Child
Support Enforcement Program subject to the requirements of Title IV, Part D of
the federal Social Security Act, including the continued use of federally
mandated enforcement remedies and techniques by the Department of Healthcare and Family Services.
(h-1) The Department of Employment Security is exempt from subsection (g)
with regard to debts to any federal account, including but not limited to the
Unemployment Trust Fund, and penalties and interest assessed under the
Unemployment Insurance Act. The Department of Employment Security may refer
those debts to the Bureau, provided the debt satisfies the requirements for
referral of delinquent debt as established by rule by the Department of
Revenue. The Bureau shall use all legal means available to collect the debts,
including those authorizing the Department of Revenue to collect debt and those
authorizing the Department of Employment Security to collect debt. All
referred debt shall remain an obligation to the account to which it is owed.
(i) All debt referred to the Bureau for collection shall remain the property
of the referring agency. The Bureau shall collect debt on behalf of the
referring agency using all legal means available, including those authorizing
the Department of Revenue to collect debt and those authorizing the referring
agency to collect debt.
(j) No debt secured by an interest in real property granted by the debtor in
exchange for the creation of the debt shall be referred to the Bureau. The
Bureau shall have no obligation to collect debts secured by an interest in real
property.
(k) Beginning July 1, 2003, each agency shall collect and provide the Bureau
information regarding the nature and details of its debt in such form and
manner as the Department of Revenue shall require.
(l) For all debt accruing after July 1, 2003, each agency shall collect and
transmit such debtor identification information as the Department of Revenue
shall require.
(Source: P.A. 100-763, eff. 8-10-18.)
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(30 ILCS 210/6) (from Ch. 15, par. 156)
Sec. 6.
(Repealed).(Source: P.A. 93-570, eff. 8-20-03. Repealed internally, eff. 7-1-04.)
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(30 ILCS 210/7) (from Ch. 15, par. 157)
Sec. 7.
Upon agreement of the Attorney General, the Bureau
may contract
for legal assistance in collecting past due accounts.
Any contract
entered into under this Section before the effective date of this amendatory
Act of the 93rd General Assembly shall remain valid but may not be renewed.
(Source: P.A. 93-570, eff. 8-20-03.)
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(30 ILCS 210/8)
Sec. 8. (Repealed).
(Source: P.A. 93-570, eff. 8-20-03. Repealed by P.A. 96-493, eff. 1-1-10.)
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(30 ILCS 210/9)
(Section 9 as added by 96-1383 was renumbered as Section 10.1 in P.A. 97-333. Section 9 as added by 96-1435 was renumbered as Section 10.2 in P.A. 97-333.) Sec. 9. (Amendatory provisions; text omitted).
(Source: P.A. 96-1383, eff. 1-1-11; 96-1435, eff. 8-16-10; text omitted.) |
(30 ILCS 210/10)
Sec. 10. Department of Revenue Debt Collection Bureau to assume
collection duties. (a) The Department of Revenue's Debt Collection Bureau shall serve as the
primary debt
collecting entity for the State and in that role shall collect debts on behalf
of agencies of the State. All debts owed the State of Illinois shall be
referred to the Bureau, subject to such limitations as the Department of
Revenue shall by rule establish. The Bureau shall utilize the Comptroller's
offset system and private collection agencies, as well as its own collections
personnel, and may use the offset system of the Department of the Treasury of the United States for the collection of State debt pursuant to Sections 10.05 and 10.05c of the State Comptroller Act and subsection (i-1) of Section 10 of the Illinois State Collection Act of 1986. The Bureau shall collect debt using all legal authority available to
the Department of Revenue to collect debt and all legal authority available to
the referring agency.
(b) The Bureau shall have the sole authority to let contracts with persons
specializing in debt collection for the collection of debt referred to and
accepted by the Bureau. Any contract with the debt
collector shall specify that the collector's fee shall be on a contingency
basis and that the debt collector shall not be entitled to collect a
contingency fee for any debt collected through the efforts of any State offset
system.
(c) The Department of Revenue shall adopt rules for the certification of
debt from referring agencies and shall adopt rules for the certification of
collection specialists to be employed by the Bureau.
(d) The Department of Revenue shall adopt rules for determining when a debt
referred by an agency shall be deemed by the Bureau to be uncollectible.
(e) Once an agency's debt is deemed by the Bureau to be uncollectible, the
Bureau shall return the debt to the referring agency which shall then write the
debt off as uncollectible in accordance with the requirements of the Uncollected State Claims Act or return the debt to the Bureau for additional
collection efforts. The Bureau shall refuse to accept debt that has been deemed
uncollectible absent factual assertions from the referring agency that due to
circumstances not known at the time the debt was deemed uncollectible that the
debt is worthy of additional collection efforts.
(f) For each debt referred, the State agency shall retain all documents and
records relating to or supporting the debt. In the event a debtor shall raise a
reasonable doubt as to the validity of the debt, the Bureau may in its
discretion refer the debt back to the referring agency for further review and
recommendation.
(g) The Department of Healthcare and Family Services shall be exempt from the requirements of
this Section
with regard to child support debts, the collection of which is governed by the
requirements of Title IV, Part D of the federal Social Security Act. The
Department of Healthcare and Family Services may refer child support debts to the Bureau, provided
that the debt satisfies the requirements for referral of delinquent debt as
established by rule by the Department of Revenue. The Bureau shall use all
legal means available to collect child support debt, including those
authorizing the Department of Revenue to collect debt and those authorizing the
Department of Healthcare and Family Services to collect debt. All such referred debt shall remain
an obligation under the Department of Healthcare and Family Services' Child Support Enforcement
Program subject to the requirements of Title IV, Part D of the federal Social
Security Act, including the continued use of federally mandated enforcement
remedies and techniques by the Department of Healthcare and Family Services.
(g-1) The Department of Employment Security is exempt from subsection (a)
with regard to debts to any federal account, including but not limited to the
Unemployment Trust Fund, and penalties and interest assessed under the
Unemployment Insurance Act. The Department of Employment Security may refer
those debts to the Bureau, provided the debt satisfies the requirements for
referral of delinquent debt as established by rule by the Department of
Revenue. The Bureau shall use all legal means available to collect the debts,
including those authorizing the Department of Revenue to collect debt and those
authorizing the Department of Employment Security to collect debt. All
referred debt shall remain an obligation to the account to which it is owed.
(h) The Bureau may collect its costs of collecting debts on behalf of other State agencies from those agencies in a manner to be determined by the Director of Revenue, except that the Bureau shall not recover any such cost on any accounts referred by the General Assembly, the Supreme Court and other courts of this State, and the State executive branch constitutional officers. The provisions of this subsection do not
apply to debt that is exempt from subsection (a) pursuant to subsection (g-1)
or child support debt referred to the Bureau by the Department of Healthcare and Family Services (formerly
Department of Public
Aid) pursuant to this amendatory Act of the 93rd General Assembly. Collections
arising from referrals from
the Department of Healthcare and Family Services (formerly
Department of Public Aid) shall be deposited into such fund or funds as the
Department of Healthcare and Family Services shall direct, in accordance with the requirements of
Title IV, Part D of the federal Social Security Act, applicable provisions of
State law, and the rules of the Department of Healthcare and Family Services. Collections arising
from referrals from the Department of Employment Security shall be deposited
into the fund or funds that the Department of Employment Security shall direct,
in accordance with the requirements of Section 3304(a)(3) of the federal
Unemployment Tax Act, Section 303(a)(4) of the federal Social Security Act, and
the Unemployment Insurance Act.
(i) The Attorney General and the State Comptroller may assist in the debt
collection efforts of the Bureau, as requested by the Department of Revenue.
(i-1) The Department may enter into a reciprocal offset agreement with the Office of the State Comptroller and the Secretary of the Treasury of the United States, or his or her delegate, which provides for (i) the use of the Comptroller's offset system to offset State payments to collect federal nontax debts and for the Comptroller to charge a fee up to $25 per transaction for such offsets; and (ii) offsetting federal payments, as authorized by federal law, to collect State debts, State tax, and nontax obligations, and for the Comptroller to collect the offset cost from the Department of the Treasury of the United States to cover the full cost of offsets taken, to the extent allowed by federal law, or, if not allowed by federal law, from the debtor by offset of the overpayment. The agreement shall provide that the Department of the Treasury of the United States may deduct a fee from each administrative offset and State payment offset. Any offset fees collected by the Comptroller under this subsection for administrative offset or State payment offset shall be deposited into the Comptroller's Administrative Fund. For purposes of this subsection, "administrative offset" is any offset of federal payments to collect State debts. For purposes of this subsection, "State payment offset" is any offset of State payments to collect federal nontax debts. (j) The Director of Revenue shall report annually to the General Assembly
and State Comptroller upon the debt collection efforts of the Bureau. Each
report shall include an analysis of the overdue debts owed to the State.
(k) The Department of Revenue shall adopt rules and procedures for the
administration of this amendatory Act of the 93rd General Assembly. The rules
shall be adopted under the
Department of Revenue's emergency rulemaking authority within 90 days following
the effective date of this amendatory Act of the 93rd General Assembly due to
the budget crisis threatening the public interest.
(l) The Department of Revenue's Debt Collection Bureau's obligations under
this
Section 10 shall be subject to appropriation by the General Assembly.
(Source: P.A. 96-493, eff. 1-1-10; 96-1383, eff. 1-1-11; 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).)
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(30 ILCS 210/10.1) Sec. 10.1. Collection agency fees. Except where prohibited by federal law or regulation, in the case of any liability referred to a collection agency on or after July 1, 2010, any fee charged to the State by the collection agency (i) may not exceed 25% for a first placement of the underlying liability referred to the collection agency unless the liability is for a tax debt, (ii) is considered an additional liability owed to the State, (iii) is immediately subject to all collection procedures applicable to the liability referred to the collection agency, and (iv) must be separately stated in any statement or notice of the liability issued by the collection agency to the debtor. The fee limitations of this
Section do not apply to a second, third, or subsequent
placement or to litigation activities.
(Source: P.A. 96-1383, eff. 1-1-11; 97-333, eff. 8-12-11; 97-444, eff. 8-19-11.) |
(30 ILCS 210/10.2)
Sec. 10.2. Deferral and compromise of past due debt. (a) In this Section, "past due debt" means any debt owed to the State that has been outstanding for more than 12 months. "Past due debt" does not include any debt if any of the actions required under this Section would violate federal law or regulation. (b) State agencies may enter into a deferred payment plan for the purpose of satisfying a past due debt. Except for a deferred payment plan entered into by any Illinois public university, as defined in Section 10 of the Illinois Prepaid Tuition Act, or by the Illinois Department of Transportation or for debts owed to the Illinois Department of Transportation for deposit into the Road Fund, the deferred payment plan must meet the following requirements: (1) The term of the deferred payment plan may not | ||
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(2) The first payment of the deferred payment plan | ||
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(3) All subsequent monthly payments for the deferred | ||
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(4) The deferred payment plan must include interest | ||
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(5) The deferred payment plan must be approved by the | ||
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(c) State agencies may compromise past due debts. Any action taken by a State agency to compromise a past due debt, other than an action taken by an Illinois public university, as defined in Section 10 of the Illinois Prepaid Tuition Act, to compromise past due debt, must meet the following requirements: (1) The amount of the compromised debt shall be no | ||
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(2) Once a past due debt has been compromised, the | ||
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(3) Before a State agency accepts a compromised debt, | ||
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(d) State agencies may sell a past due debt to one or more outside private vendors. Sales shall be conducted under rules adopted by the Department of Revenue using a request for proposals procedure similar to that procedure under the Illinois Procurement Code. The outside private vendors shall remit to the State agency the purchase price for debts sold under this subsection. (e) The State agency shall deposit all amounts received under this Section into the General Revenue Fund. For Illinois public universities, as defined in Section 10 of the Illinois Prepaid Tuition Act, the requirement of this subsection (e) applies to amounts received from the sale of past due debt and does not apply to amounts received under a deferred payment plan or a compromised debt payment plan. (f) This Section does not apply to any tax debt owing to the Department of Revenue.
(g) This Section does not apply to child support debts enforced by the Department of Healthcare and Family Services pursuant to Title IV-D of the federal Social Security Act and Article X of the Illinois Public Aid Code. (h) This Section does not apply to debts that are enforced by the Department of Employment Security and owed to any federal account, including but not limited to the Unemployment Trust Fund, and penalties and interest assessed under the Unemployment Insurance Act.(Source: P.A. 96-1435, eff. 8-16-10; 97-333, eff. 8-12-11; 97-444, eff. 8-19-11.)
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