SB0180 Enrolled LRB097 04011 JDS 44050 b
1		AN ACT concerning government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The State Comptroller Act is amended by changing
5		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
8		for deduction. Whenever any person shall be entitled to a
9		warrant or other payment from the treasury or other funds held
10		by the State Treasurer, on any account, against whom there
11		shall be any then due and payable account or claim in favor of
12		the State, the United States upon certification by the
13		Secretary of the Treasury of the United States, or his or her
14		delegate, pursuant to a reciprocal offset agreement under
15		subsection (i-1) of Section 10 of the Illinois State Collection
16		Act of 1986, or a unit of local government, a school district,
17		or a public institution of higher education, as defined in
18		Section 1 of the Board of Higher Education Act, or the clerk of
19		a circuit court, upon certification by that entity, the
20		Comptroller, upon notification thereof, shall ascertain the
21		amount due and payable to the State, the United States, the
22		unit of local government, the school district, or the public
23		institution of higher education, or the clerk of the circuit

SB0180 Enrolled - 2 - LRB097 04011 JDS 44050 b
1		court, as aforesaid, and draw a warrant on the treasury or on
2		other funds held by the State Treasurer, stating the amount for
3		which the party was entitled to a warrant or other payment, the
4		amount deducted therefrom, and on what account, and directing
5		the payment of the balance; which warrant or payment as so
6		drawn shall be entered on the books of the Treasurer, and such
7		balance only shall be paid. The Comptroller may deduct any one
8		or more of the following: (i) the entire amount due and payable
9		to the State or a portion of the amount due and payable to the
10		State in accordance with the request of the notifying agency;
11		(ii) the entire amount due and payable to the United States or
12		a portion of the amount due and payable to the United States in
13		accordance with a reciprocal offset agreement under subsection
14		(i-1) of Section 10 of the Illinois State Collection Act of
15		1986; or (iii) the entire amount due and payable to the unit of
16		local government, school district, or public institution of
17		higher education, or clerk of the circuit court, or a portion
18		of the amount due and payable to that entity, in accordance
19		with an intergovernmental agreement authorized under this
20		Section and Section 10.05d. No request from a notifying agency,
21		the Secretary of the Treasury of the United States, a unit of
22		local government, a school district, or a public institution of
23		higher education, or the clerk of a circuit court for an amount
24		to be deducted under this Section from a wage or salary
25		payment, or from a contractual payment to an individual for
26		personal services, shall exceed 25% of the net amount of such

SB0180 Enrolled - 3 - LRB097 04011 JDS 44050 b
1		payment. "Net amount" means that part of the earnings of an
2		individual remaining after deduction of any amounts required by
3		law to be withheld. For purposes of this provision, wage,
4		salary or other payments for personal services shall not
5		include final compensation payments for the value of accrued
6		vacation, overtime or sick leave. Whenever the Comptroller
7		draws a warrant or makes a payment involving a deduction
8		ordered under this Section, the Comptroller shall notify the
9		payee and the State agency that submitted the voucher of the
10		reason for the deduction and he or she shall retain a record of
11		such statement in his or her records. As used in this Section,
12		an "account or claim in favor of the State" includes all
13		amounts owing to "State agencies" as defined in Section 7 of
14		this Act. However, the Comptroller shall not be required to
15		accept accounts or claims owing to funds not held by the State
16		Treasurer, where such accounts or claims do not exceed $50, nor
17		shall the Comptroller deduct from funds held by the State
18		Treasurer under the Senior Citizens and Disabled Persons
19		Property Tax Relief and Pharmaceutical Assistance Act or for
20		payments to institutions from the Illinois Prepaid Tuition
21		Trust Fund (unless the Trust Fund moneys are used for child
22		support). The Comptroller and the Department of Revenue shall
23		enter into an interagency agreement to establish
24		responsibilities, duties, and procedures relating to
25		deductions from lottery prizes awarded under Section 20.1 of
26		the Illinois Lottery Law. The Comptroller may enter into an

SB0180 Enrolled - 4 - LRB097 04011 JDS 44050 b
1		intergovernmental agreement with the Department of Revenue and
2		the Secretary of the Treasury of the United States, or his or
3		her delegate, to establish responsibilities, duties, and
4		procedures relating to reciprocal offset of delinquent State
5		and federal obligations pursuant to subsection (i-1) of Section
6		10 of the Illinois State Collection Act of 1986. The
7		Comptroller may enter into intergovernmental agreements with
8		any unit of local government, school district, or public
9		institution of higher education, or clerk of a circuit court to
10		establish responsibilities, duties, and procedures to provide
11		for the offset, by the Comptroller, of obligations owed to
12		those entities.
13		For the purposes of this Section, "clerk of a circuit
14		court" means the clerk of a circuit court in any county in the
15		State.
16		(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A.
17		97-632 for the effective date of changes made by P.A. 97-269);
18		97-632, eff. 12-16-11.)
19		(15 ILCS 405/10.05d)
20		Sec. 10.05d. Deductions for delinquent obligations owed to
21		units of local government, school districts, and public
22		institutions of higher education, and clerks of the circuit
23		courts. Pursuant to Section 10.05 and this Section, the
24		Comptroller may enter into intergovernmental agreements with a
25		unit of local government, a school district, or a public

SB0180 Enrolled - 5 - LRB097 04011 JDS 44050 b
1		institution of higher education, or the clerk of a circuit
2		court, in order to provide for (i) the use of the Comptroller's
3		offset system to collect delinquent obligations owed to that
4		entity and (ii) the payment to the Comptroller of a processing
5		charge of up to $15 per transaction for such offsets. The
6		Comptroller shall deduct, from a warrant or other payment
7		described in Section 10.05, in accordance with the procedures
8		provided therein, its processing charge and the amount
9		certified as necessary to satisfy, in whole or in part, the
10		delinquent obligation owed to the unit of local government,
11		school district, or public institution of higher education, or
12		clerk of the circuit court, as applicable. The Comptroller
13		shall provide the unit of local government, school district, or
14		public institution of higher education, or clerk of the circuit
15		court, as applicable, with the address to which the warrant or
16		other payment was to be mailed and any other information
17		pertaining to each person from whom a deduction is made
18		pursuant to this Section. All deductions ordered under this
19		Section and processing charges imposed under this Section shall
20		be deposited into the Comptroller Debt Recovery Trust Fund, a
21		special fund that the Comptroller shall use for the collection
22		of deductions and processing charges, as provided by law, and
23		the payment of deductions and administrative expenses, as
24		provided by law.
25		Upon processing a deduction, the Comptroller shall give
26		written notice to the person subject to the offset. The notice

SB0180 Enrolled - 6 - LRB097 04011 JDS 44050 b
1		shall inform the person that he or she may make a written
2		protest to the Comptroller within 60 days after the Comptroller
3		has given notice. The protest shall include the reason for
4		contesting the deduction and any other information that will
5		enable the Comptroller to determine the amount due and payable.
6		The intergovernmental agreement entered into under Section
7		10.05 and this Section shall establish procedures through which
8		the Comptroller shall determine the validity of the protest and
9		shall make a final disposition concerning the deduction. If the
10		person subject to the offset has not made a written protest
11		within 60 days after the Comptroller has given notice or if a
12		final disposition is made concerning the deduction, the
13		Comptroller shall pay the deduction to the unit of local
14		government, school district, or public institution of higher
15		education, or clerk of the circuit court, as applicable, from
16		the Comptroller Debt Recovery Trust Fund.
17		For the purposes of this Section, "clerk of a circuit
18		court" means a clerk of the circuit court in any county in the
19		State.
20		(Source: P.A. 97-632, eff. 12-16-11.)
21		Section 99. Effective date. This Act takes effect upon
22		becoming law.