Sen. William R. Haine
Filed: 3/23/2012
 
 


 




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1
AMENDMENT TO SENATE BILL 180 




2 AMENDMENT NO. ______. Amend Senate Bill 180 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The State Comptroller Act is amended by 
5changing Sections 10.05 and 10.05d as follows:




6 (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)



7 Sec. 10.05. Deductions from warrants; statement of reason 
8for deduction. Whenever any person shall be entitled to a 
9warrant or other
payment from the treasury or other funds held 
10by the State Treasurer, on any
account, against whom there 
11shall be any then due and payable account or claim in favor of 
12the
State, the United States upon certification by the 
13Secretary of the Treasury of the United States, or his or her 
14delegate, pursuant to a reciprocal offset agreement under 
15subsection (i-1) of Section 10 of the Illinois State Collection 
16Act of 1986, or a unit of local government, a school district, 
 
 
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1or a public institution of higher education, as defined in 
2Section 1 of the Board of Higher Education Act, or the clerk of 
3a circuit court, upon certification by that entity, the 
4Comptroller, upon notification thereof, shall
ascertain the 
5amount due and payable to the State, the United States, the 
6unit of local government, the school district, or the public 
7institution of higher education, or the clerk of the circuit 
8court, as aforesaid, and draw a
warrant on the treasury or on 
9other funds held by the State Treasurer, stating
the amount for 
10which the party was entitled to a warrant or other payment, the

11amount deducted therefrom, and on what account, and directing 
12the payment of
the balance; which warrant or payment as so 
13drawn shall be entered on the books
of the Treasurer, and such 
14balance only shall be paid. The Comptroller may
deduct any one 
15or more of the following: (i) the entire amount due and payable 
16to the State or a portion
of the amount due and payable to the 
17State in accordance with the request of
the notifying agency; 
18(ii) the entire amount due and payable to the United States or 
19a portion of the amount due and payable to the United States in 
20accordance with a reciprocal offset agreement under subsection 
21(i-1) of Section 10 of the Illinois State Collection Act of 
221986; or (iii) the entire amount due and payable to the unit of 
23local government, school district, or public institution of 
24higher education, or clerk of the circuit court, or a portion 
25of the amount due and payable to that entity, in accordance 
26with an intergovernmental agreement authorized under this 
 
 
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1Section and Section 10.05d. No request from a notifying agency, 
2the Secretary of the Treasury of the United States, a unit of 
3local government, a school district, or a public institution of 
4higher education, or the clerk of a circuit court for an amount 
5to be
deducted under this Section from a wage or salary 
6payment, or from a
contractual payment to an individual for 
7personal services, shall exceed 25% of
the net amount of such 
8payment. "Net amount" means that part of the earnings
of an 
9individual remaining after deduction of any amounts required by 
10law to be
withheld. For purposes of this provision, wage, 
11salary or other payments for
personal services shall not 
12include final compensation payments for the value
of accrued 
13vacation, overtime or sick leave. Whenever the Comptroller 
14draws a
warrant or makes a payment involving a deduction 
15ordered under this Section,
the Comptroller shall notify the 
16payee and the State agency that submitted
the voucher of the 
17reason for the deduction and he or she shall retain a record of 
18such
statement in his or her
records. As used in this Section, 
19an "account or
claim in favor of the State" includes all 
20amounts owing to "State agencies"
as defined in Section 7 of 
21this Act. However, the Comptroller shall not be
required to 
22accept accounts or claims owing to funds not held by the State

23Treasurer, where such accounts or claims do not exceed $50, nor 
24shall the
Comptroller deduct from funds held by the State 
25Treasurer under the Senior
Citizens and Disabled Persons 
26Property Tax Relief and Pharmaceutical Assistance
Act or for 
 
 
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1payments to institutions from the Illinois Prepaid Tuition 
2Trust
Fund
(unless the Trust Fund
moneys are used for child 
3support).
The Comptroller and the
Department of Revenue shall 
4enter into an
interagency agreement to establish 
5responsibilities, duties, and procedures
relating to 
6deductions from lottery prizes awarded under Section 20.1
of 
7the Illinois Lottery Law. The Comptroller may enter into an 
8intergovernmental agreement with the Department of Revenue and 
9the Secretary of the Treasury of the United States, or his or 
10her delegate, to establish responsibilities, duties, and 
11procedures relating to reciprocal offset of delinquent State 
12and federal obligations pursuant to subsection (i-1) of Section 
1310 of the Illinois State Collection Act of 1986. The 
14Comptroller may enter into intergovernmental agreements with 
15any unit of local government, school district, or public 
16institution of higher education, or clerk of a circuit court to 
17establish responsibilities, duties, and procedures to provide 
18for the offset, by the Comptroller, of obligations owed to 
19those entities.

20 For the purposes of this Section, "clerk of a circuit 
21court" means the clerk of a circuit court in any county in the 
22State. 
23(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A. 
2497-632 for the effective date of changes made by P.A. 97-269); 
2597-632, eff. 12-16-11.)


 
 
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1 (15 ILCS 405/10.05d)
2 Sec. 10.05d. Deductions for delinquent obligations owed to 
3units of local government, school districts, and public 
4institutions of higher education, and clerks of the circuit 
5courts. Pursuant to
Section 10.05 and this Section, the 
6Comptroller may enter into intergovernmental agreements with a 
7unit of local government, a school district, or a public 
8institution of higher education, or the clerk of a circuit 
9court, in order to provide for (i) the use of the Comptroller's 
10offset system to collect delinquent obligations owed to that 
11entity and (ii) the payment to the Comptroller of a processing 
12charge of up to $15 per transaction for such offsets. The

13Comptroller shall deduct, from a warrant or other payment 
14described in Section 10.05, in accordance with the procedures 
15provided therein, its processing charge and the amount

16certified as necessary to satisfy, in whole or in part, the

17delinquent obligation owed to the unit of local government, 
18school district, or public institution of higher education, or 
19clerk of the circuit court, as applicable. The Comptroller 
20shall provide
the unit of local government, school district, or 
21public institution of higher education, or clerk of the circuit 
22court, as applicable, with the address to which the warrant or 
23other
payment was to be mailed and any other information 
24pertaining to each
person from whom a deduction is made 
25pursuant to this Section. All deductions ordered under this 
26Section and processing charges imposed under this Section shall 
 
 
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1be deposited into the Comptroller Debt Recovery Trust Fund, a 
2special fund that the Comptroller shall use for the collection 
3of deductions and processing charges, as provided by law, and 
4the payment of deductions and administrative expenses, as 
5provided by law.
6 Upon processing a deduction, the Comptroller shall give 
7written notice to the person subject to the offset. The notice 
8shall inform the person that he or she may make a written 
9protest to the Comptroller within 60 days after the Comptroller 
10has given notice. The protest shall include the reason for 
11contesting the deduction and any other information that will 
12enable the Comptroller to determine the amount due and payable. 
13The intergovernmental agreement entered into under Section 
1410.05 and this Section shall establish procedures through which 
15the Comptroller shall determine the validity of the protest and 
16shall make a final disposition concerning the deduction. If the 
17person subject to the offset has not made a written protest 
18within 60 days after the Comptroller has given notice or if a 
19final disposition is made concerning the deduction, the 
20Comptroller shall pay the deduction to the unit of local 
21government, school district, or public institution of higher 
22education, or clerk of the circuit court, as applicable, from 
23the Comptroller Debt Recovery Trust Fund. 

24 For the purposes of this Section, "clerk of a circuit 
25court" means a clerk of the circuit court in any county in the 
26State. 
 
 
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1(Source: P.A. 97-632, eff. 12-16-11.)

2 Section 10. The Unified Code of Corrections is amended by 
3changing Section 5-9-3 as follows:




4 (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)

5 Sec. 5-9-3. Default. 

6 (a) An offender who defaults in the payment of a fine or

7any
installment of that fine may be held in contempt and 
8imprisoned for nonpayment. The
court may issue a summons for 
9his appearance or a warrant of arrest.

10 (b) Unless the offender shows that his default was not due 
11to his
intentional refusal to pay, or not due to a failure on 
12his part to make a
good faith effort to pay, the court may 
13order the offender imprisoned for a
term not to exceed 6 months 
14if the fine was for a felony, or 30 days if the
fine was for a 
15misdemeanor, a petty offense or a business offense. Payment
of 
16the fine at any time will entitle the offender to be released, 
17but
imprisonment under this Section shall not satisfy the 
18payment of the fine.

19 (c) If it appears that the default in the payment of a fine 
20is not
intentional under paragraph (b) of this Section, the 
21court may enter an
order allowing the offender additional time 
22for payment, reducing the
amount of the fine or of each 
23installment, or revoking the fine or the
unpaid portion.

24 (d) When a fine is imposed on a corporation or 
 
 
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1unincorporated
organization or association, it is the duty of 
2the person or persons
authorized to make disbursement of 
3assets, and their superiors, to pay the
fine from assets of the 
4corporation or unincorporated organization or
association. The 
5failure of such persons to do so shall render them subject
to 
6proceedings under paragraphs (a) and (b) of this Section.

7 (e) A default in the payment of a fine, fee, cost, order of 
8restitution, judgment of bond forfeiture, judgment order of 
9forfeiture, or any installment thereof
may be
collected by any 
10and all means authorized for the collection of money judgments. 
11The State's Attorney of the county in which the fine, fee, 
12cost, order of restitution, judgment of bond forfeiture, or 
13judgment order of forfeiture was imposed may retain
attorneys 
14and private collection agents for the purpose of collecting any

15default in payment of any fine, fee, cost, order of 
16restitution, judgment of bond forfeiture, judgment order of 
17forfeiture, or installment thereof. An additional fee of $75.00 
18or 30% of the delinquent amount, whichever is greater, together 
19with all taxable court costs, including, without limitation, 
20costs of service of process, shall is to be charged to the 
21offender for any amount of the fine, fee, cost, restitution, or 
22judgment of bond forfeiture or installment of the fine, fee, 
23cost, restitution, or judgment of bond forfeiture that remains 
24unpaid after the time fixed for payment of the fine, fee, cost, 
25restitution, or judgment of bond forfeiture by the court. The 
26additional fee shall be payable to the State's Attorney in 
 
 
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1order to compensate the State's Attorney for costs incurred in 
2collecting the delinquent amount. The State's Attorney may 
3enter into agreements assigning any portion of the fee to the 
4retained attorneys or the private collection agent retained by 
5the State's Attorney. Any agreement between the State's 
6Attorney and the retained attorneys or collection agents shall 
7require the approval of the Circuit Clerk of that county. A 
8default in payment of a fine, fee, cost, restitution, or 
9judgment of bond forfeiture shall draw interest at the rate of 
109% per annum.

11(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876, 
12eff. 8-21-08.)



13 Section 99. Effective date. This Act takes effect upon 
14becoming law.".