Bill Text: IL SB0180 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the State Officials and Employees Ethics Act. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2012-08-16 - Public Act . . . . . . . . . 97-0970 [SB0180 Detail]

Download: Illinois-2011-SB0180-Amended.html

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Sen. William R. Haine

Filed: 3/23/2012

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AMENDMENT TO SENATE BILL 180
AMENDMENT NO. ______. Amend Senate Bill 180 by replacing
everything after the enacting clause with the following:
"Section 5. The State Comptroller Act is amended by
changing Sections 10.05 and 10.05d as follows:
(15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
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 then due and payable account or claim in favor of
the State, 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, or a unit of local government, a school district,

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or a public institution of higher education, as defined in
Section 1 of the Board of Higher Education Act, or the clerk of
a circuit court, upon certification by that entity, the
Comptroller, upon notification thereof, shall ascertain the
amount due and payable to the State, the United States, the
unit of local government, the school district, or the public
institution of higher education, or the clerk of the circuit
court, as aforesaid, and draw a warrant on the treasury or on
other funds held by the State Treasurer, stating 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 any one
or more of the following: (i) the entire amount due and payable
to the State or a portion of the amount due and payable to the
State in accordance with the request of the notifying agency;
(ii) the entire amount due and payable to the United States or
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; or (iii) the entire amount due and payable to the unit of
local government, school district, or public institution of
higher education, or clerk of the circuit court, or a portion
of the amount due and payable to that entity, in accordance
with an intergovernmental agreement authorized under this

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Section and Section 10.05d. No request from a notifying agency,
the Secretary of the Treasury of the United States, a unit of
local government, a school district, or a public institution of
higher education, or the clerk of a circuit court 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

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payments to institutions from the Illinois Prepaid Tuition
Trust Fund (unless the Trust Fund moneys are used for child
support). The Comptroller and the Department of Revenue shall
enter into an interagency agreement to establish
responsibilities, 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. The
Comptroller may enter into intergovernmental agreements with
any unit of local government, school district, or public
institution of higher education, or clerk of a circuit court to
establish responsibilities, duties, and procedures to provide
for the offset, by the Comptroller, of obligations owed to
those entities.
For the purposes of this Section, "clerk of a circuit
court" means the clerk of a circuit court in any county in the
State.
(Source: P.A. 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);
97-632, eff. 12-16-11.)

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(15 ILCS 405/10.05d)
Sec. 10.05d. Deductions for delinquent obligations owed to
units of local government, school districts, and 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, or 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. 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, or public institution of higher education, or
clerk of the circuit court, as applicable. The Comptroller
shall provide the unit of local government, school district, or
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

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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, or 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.

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(Source: P.A. 97-632, eff. 12-16-11.)
Section 10. The Unified Code of Corrections is amended by
changing Section 5-9-3 as follows:
(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
Sec. 5-9-3. Default.
(a) An offender who defaults in the payment of a fine or
any installment of that fine may be held in contempt and
imprisoned for nonpayment. The court may issue a summons for
his appearance or a warrant of arrest.
(b) Unless the offender shows that his default was not due
to his intentional refusal to pay, or not due to a failure on
his part to make a good faith effort to pay, the court may
order the offender imprisoned for a term not to exceed 6 months
if the fine was for a felony, or 30 days if the fine was for a
misdemeanor, a petty offense or a business offense. Payment of
the fine at any time will entitle the offender to be released,
but imprisonment under this Section shall not satisfy the
payment of the fine.
(c) If it appears that the default in the payment of a fine
is not intentional under paragraph (b) of this Section, the
court may enter an order allowing the offender additional time
for payment, reducing the amount of the fine or of each
installment, or revoking the fine or the unpaid portion.
(d) When a fine is imposed on a corporation or

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unincorporated organization or association, it is the duty of
the person or persons authorized to make disbursement of
assets, and their superiors, to pay the fine from assets of the
corporation or unincorporated organization or association. The
failure of such persons to do so shall render them subject to
proceedings under paragraphs (a) and (b) of this Section.
(e) A default in the payment of a fine, fee, cost, order of
restitution, judgment of bond forfeiture, judgment order of
forfeiture, or any installment thereof may be collected by any
and all means authorized for the collection of money judgments.
The State's Attorney of the county in which the fine, fee,
cost, order of restitution, judgment of bond forfeiture, or
judgment order of forfeiture was imposed may retain attorneys
and private collection agents for the purpose of collecting any
default in payment of any fine, fee, cost, order of
restitution, judgment of bond forfeiture, judgment order of
forfeiture, or installment thereof. An additional fee of $75.00
or 30% of the delinquent amount, whichever is greater, together
with all taxable court costs, including, without limitation,
costs of service of process, shall is to be charged to the
offender for any amount of the fine, fee, cost, restitution, or
judgment of bond forfeiture or installment of the fine, fee,
cost, restitution, or judgment of bond forfeiture that remains
unpaid after the time fixed for payment of the fine, fee, cost,
restitution, or judgment of bond forfeiture by the court. The
additional fee shall be payable to the State's Attorney in

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order to compensate the State's Attorney for costs incurred in
collecting the delinquent amount. The State's Attorney may
enter into agreements assigning any portion of the fee to the
retained attorneys or the private collection agent retained by
the State's Attorney. Any agreement between the State's
Attorney and the retained attorneys or collection agents shall
require the approval of the Circuit Clerk of that county. A
default in payment of a fine, fee, cost, restitution, or
judgment of bond forfeiture shall draw interest at the rate of
9% per annum.
(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876,
eff. 8-21-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.".