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Public Act 097-0884


 

Public Act 0884 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0884
 
SB2824 EnrolledLRB097 14501 JDS 59356 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 account or claim in favor of the State or to 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, then
due and payable, the Comptroller, upon notification thereof,
shall ascertain the amount due and payable to the State, or to
the United States, 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 the entire amount due and payable to the
State or may deduct a portion of the amount due and payable to
the State in accordance with the request of the notifying
agency, and may deduct the entire amount due and payable to the
United States, or may deduct 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. No request from a
notifying agency or from the Secretary of the Treasury of the
United States 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 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 support obligations under Section 10-16.5 of
that Code. The Comptroller and the Department of Revenue shall
enter into an interagency agreement to establish
responsibility, 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.
(Source: P.A. 97-269, eff. 1-1-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/2/2012