[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0404
SB1039 Enrolled LRB9205338REdv
AN ACT concerning State finances.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois State Collection Act of 1986 is
amended by changing Section 5 as follows:
(30 ILCS 210/5) (from Ch. 15, par. 155)
Sec. 5. Rules; payment plans; offsets.
(a) 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.
Such procedures shall be established in accord with sound
business practices.
(b) 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.
(c) 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. All debts
that exceed $1,000 and are more than 90 days past due shall
be placed in the Comptroller's Offset System, unless 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.
(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.
(Source: P.A. 90-332, eff. 1-1-98.)
Section 10. The Illinois Procurement Code is amended by
changing Section 50-60 and by adding Section 50-11 as
follows:
(30 ILCS 500/50-11 new)
Sec. 50-11. Debt delinquency.
(a) No person shall submit a bid for or enter into a
contract with a State agency under this Code if that person
knows or should know that he or she is delinquent in the
payment of any debt to the State, unless the person has
entered into a deferred payment plan to pay off the debt.
For purposes of this Section, the phrase "delinquent in the
payment of any debt" shall be determined by the Debt
Collection Board.
(b) Every bid submitted to and contract executed by the
State shall contain a certification by the bidder or
contractor that the contractor is not barred from being
awarded a contract under this Section and that the contractor
acknowledges that the contracting State agency may declare
the contract void if the certification completed pursuant to
this subsection (b) is false.
(30 ILCS 500/50-60)
Sec. 50-60. Voidable contracts.
(a) If any contract is entered into or purchase or
expenditure of funds is made in violation of this Code or any
other law, the contract may be declared void by the chief
procurement officer or may be ratified and affirmed, provided
the chief procurement officer determines that ratification is
in the best interests of the State. If the contract is
ratified and affirmed, it shall be without prejudice to the
State's rights to any appropriate damages.
(b) If, during the term of a contract, the contracting
agency determines that the contractor is delinquent in the
payment of debt as set forth in Section 50-11 of this Code,
the State agency may declare the contract void if it
determines that voiding the contract is in the best interests
of the State. The Debt Collection Board shall adopt rules
for the implementation of this subsection (b).
(Source: P.A. 90-572, eff. 2-6-98.)
Section 99. Effective date. This Act takes effect on
July 1, 2002.
Passed in the General Assembly May 22, 2001.
Approved August 16, 2001.
[ Top ]