Bill Text: IL SB2985 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the State Comptroller Act. Modifies provisions concerning State Comptroller deductions from warrants. Provides that the Comptroller shall not deduct from payments to be disbursed to taxpayers who received the Illinois Earned Income Tax Credit.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-02-09 - Added as Co-Sponsor Sen. Robert Peters [SB2985 Detail]

Download: Illinois-2021-SB2985-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2985 Introduced 1/5/2022, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED:
15 ILCS 405/10.05 from Ch. 15, par. 210.05
Amends the State Comptroller Act. Modifies provisions concerning State Comptroller deductions from warrants. Provides that the Comptroller shall not deduct from payments to be disbursed to taxpayers who received the Illinois Earned Income Tax Credit.
LRB102 21442 RJF 30559 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2985 LRB102 21442 RJF 30559 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 10.05 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, 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, the public
institution of higher education, or the clerk of the circuit

SB2985 - 2 - LRB102 21442 RJF 30559 b
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,
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 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,
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, from a contractual payment to an
individual for personal services, or from pension annuity

SB2985 - 3 - LRB102 21442 RJF 30559 b
payments made under the Illinois Pension Code 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 Persons with Disabilities Property Tax Relief Act
or for payments to institutions from the Illinois Prepaid
Tuition Trust Fund (unless the Trust Fund moneys are used for
child support). The Comptroller shall not deduct from payments
to be disbursed from the Child Support Enforcement Trust Fund
as provided for under Section 12-10.2 of the Illinois Public
Aid Code, except for payments representing interest on child

SB2985 - 4 - LRB102 21442 RJF 30559 b
support obligations under Section 10-16.5 of that Code. The
Comptroller shall not deduct from payments to be disbursed to
taxpayers who received the Illinois Earned Income Tax Credit
in the year of the request by the notifying agency. 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, 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. 99-143, eff. 7-27-15; 100-763, eff. 8-10-18.)