Public Act 098-0272
 
SB0205 EnrolledLRB098 05392 MLW 35426 b

    AN ACT concerning State 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
Section 10.05d as follows:
 
    (15 ILCS 405/10.05d)
    Sec. 10.05d. Deductions for delinquent obligations owed to
units of local government, school districts, 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, 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 processed
without the assistance of a third-party vendor and a processing
charge of up to $20 per transaction for offsets processed with
the assistance of a third-party vendor. A third-party vendor
may be selected by the Comptroller, pursuant to lawful
procurement practices, in order to provide enhanced
identification services to the State. 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, public
institution of higher education, or clerk of the circuit court,
as applicable. The Comptroller shall provide the unit of local
government, school district, 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, 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.
    For purposes of this Section, "third-party vendor" means
the vendor selected by the Comptroller to provide enhanced
identification services to the State.
(Source: P.A. 97-632, eff. 12-16-11; 97-970, eff. 8-16-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2013