SB2824 EngrossedLRB097 14501 JDS 59356 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Comptroller Act is amended by changing
5Section 10.05 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 account or claim in favor of the State or to the
12United States upon certification by the Secretary of the
13Treasury of the United States, or his or her delegate, pursuant
14to a reciprocal offset agreement under subsection (i-1) of
15Section 10 of the Illinois State Collection Act of 1986, then
16due and payable, the Comptroller, upon notification thereof,
17shall ascertain the amount due and payable to the State, or to
18the United States, as aforesaid, and draw a warrant on the
19treasury or on other funds held by the State Treasurer, stating
20the amount for which the party was entitled to a warrant or
21other payment, the amount deducted therefrom, and on what
22account, and directing the payment of the balance; which
23warrant or payment as so drawn shall be entered on the books of

 

 

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1the Treasurer, and such balance only shall be paid. The
2Comptroller may deduct the entire amount due and payable to the
3State or may deduct a portion of the amount due and payable to
4the State in accordance with the request of the notifying
5agency, and may deduct the entire amount due and payable to the
6United States, or may deduct a portion of the amount due and
7payable to the United States, in accordance with a reciprocal
8offset agreement under subsection (i-1) of Section 10 of the
9Illinois State Collection Act of 1986. No request from a
10notifying agency or from the Secretary of the Treasury of the
11United States for an amount to be deducted under this Section
12from a wage or salary payment, or from a contractual payment to
13an individual for personal services, shall exceed 25% of the
14net amount of such payment. "Net amount" means that part of the
15earnings of an individual remaining after deduction of any
16amounts required by law to be withheld. For purposes of this
17provision, wage, salary or other payments for personal services
18shall not include final compensation payments for the value of
19accrued vacation, overtime or sick leave. Whenever the
20Comptroller draws a warrant or makes a payment involving a
21deduction ordered under this Section, the Comptroller shall
22notify the payee and the State agency that submitted the
23voucher of the reason for the deduction and he or she shall
24retain a record of such statement in his or her records. As
25used in this Section, an "account or claim in favor of the
26State" includes all amounts owing to "State agencies" as

 

 

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1defined in Section 7 of this Act. However, the Comptroller
2shall not be required to accept accounts or claims owing to
3funds not held by the State Treasurer, where such accounts or
4claims do not exceed $50, nor shall the Comptroller deduct from
5funds held by the State Treasurer under the Senior Citizens and
6Disabled Persons Property Tax Relief and Pharmaceutical
7Assistance Act or for payments to institutions from the
8Illinois Prepaid Tuition Trust Fund (unless the Trust Fund
9moneys are used for child support). The Comptroller shall not
10deduct from payments to be disbursed from the Child Support
11Enforcement Trust Fund as provided for under Section 12-10.2 of
12the Illinois Public Aid Code, except for payments representing
13interest on child support obligations under Section 10-16.5 of
14that Code. The Comptroller and the Department of Revenue shall
15enter into an interagency agreement to establish
16responsibility, duties, and procedures relating to deductions
17from lottery prizes awarded under Section 20.1 of the Illinois
18Lottery Law. The Comptroller may enter into an
19intergovernmental agreement with the Department of Revenue and
20the Secretary of the Treasury of the United States, or his or
21her delegate, to establish responsibilities, duties, and
22procedures relating to reciprocal offset of delinquent State
23and federal obligations pursuant to subsection (i-1) of Section
2410 of the Illinois State Collection Act of 1986.
25(Source: P.A. 97-269, eff. 1-1-12.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.