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| Public Act 097-0884 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Comptroller Act is amended by changing | ||||
Section 10.05 as follows:
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(15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
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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 account or claim in favor of the
State or to 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, then | ||||
due and payable, the Comptroller, upon notification thereof, | ||||
shall
ascertain the amount due and payable to the State, or to | ||||
the United States, as aforesaid, and draw a
warrant on the | ||||
treasury or on other funds held by the State Treasurer, stating
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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 the entire amount due and payable to the | ||
State or may deduct a portion
of the amount due and payable to | ||
the State in accordance with the request of
the notifying | ||
agency, and may deduct the entire amount due and payable to the | ||
United States, or may deduct 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. No request from a | ||
notifying agency or from the Secretary of the Treasury of the | ||
United States 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
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moneys are used for child support). The Comptroller shall not | ||
deduct from payments to be disbursed from the Child Support | ||
Enforcement Trust Fund as provided for under Section 12-10.2 of | ||
the Illinois Public Aid Code, except for payments representing | ||
interest on child support obligations under Section 10-16.5 of | ||
that Code.
The Comptroller and the
Department of Revenue shall | ||
enter into an
interagency agreement to establish | ||
responsibility, 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.
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(Source: P.A. 97-269, eff. 1-1-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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