Illinois General Assembly - Full Text of SB2139
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Full Text of SB2139  102nd General Assembly

SB2139 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2139

 

Introduced 2/26/2021, 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 16611 RJF 22011 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2139LRB102 16611 RJF 22011 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
5changing Section 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 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
16Collection Act of 1986, or a unit of local government, a school
17district, a public institution of higher education, as defined
18in Section 1 of the Board of Higher Education Act, or the clerk
19of a circuit court, upon certification by that entity, the
20Comptroller, upon notification thereof, shall ascertain the
21amount due and payable to the State, the United States, the
22unit of local government, the school district, the public
23institution of higher education, or the clerk of the circuit

 

 

SB2139- 2 -LRB102 16611 RJF 22011 b

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

 

 

SB2139- 3 -LRB102 16611 RJF 22011 b

1payments made under the Illinois Pension Code shall exceed 25%
2of the net amount of such payment. "Net amount" means that part
3of the earnings of an individual remaining after deduction of
4any amounts required by law to be withheld. For purposes of
5this provision, wage, salary or other payments for personal
6services shall not include final compensation payments for the
7value of accrued vacation, overtime or sick leave. Whenever
8the Comptroller draws a warrant or makes a payment involving a
9deduction ordered under this Section, the Comptroller shall
10notify the payee and the State agency that submitted the
11voucher of the reason for the deduction and he or she shall
12retain a record of such statement in his or her records. As
13used in this Section, an "account or claim in favor of the
14State" includes all amounts owing to "State agencies" as
15defined in Section 7 of this Act. However, the Comptroller
16shall not be required to accept accounts or claims owing to
17funds not held by the State Treasurer, where such accounts or
18claims do not exceed $50, nor shall the Comptroller deduct
19from funds held by the State Treasurer under the Senior
20Citizens and Persons with Disabilities Property Tax Relief Act
21or for payments to institutions from the Illinois Prepaid
22Tuition Trust Fund (unless the Trust Fund moneys are used for
23child support). The Comptroller shall not deduct from payments
24to be disbursed from the Child Support Enforcement Trust Fund
25as provided for under Section 12-10.2 of the Illinois Public
26Aid Code, except for payments representing interest on child

 

 

SB2139- 4 -LRB102 16611 RJF 22011 b

1support obligations under Section 10-16.5 of that Code. The
2Comptroller shall not deduct from payments to be disbursed to
3taxpayers who received the Illinois Earned Income Tax Credit
4in the year of the request by the notifying agency. The
5Comptroller and the Department of Revenue shall enter into an
6interagency agreement to establish responsibilities, duties,
7and procedures relating to deductions from lottery prizes
8awarded under Section 20.1 of the Illinois Lottery Law. The
9Comptroller may enter into an intergovernmental agreement with
10the Department of Revenue and the Secretary of the Treasury of
11the United States, or his or her delegate, to establish
12responsibilities, duties, and procedures relating to
13reciprocal offset of delinquent State and federal obligations
14pursuant to subsection (i-1) of Section 10 of the Illinois
15State Collection Act of 1986. The Comptroller may enter into
16intergovernmental agreements with any unit of local
17government, school district, public institution of higher
18education, or clerk of a circuit court to establish
19responsibilities, duties, and procedures to provide for the
20offset, by the Comptroller, of obligations owed to those
21entities.
22    For the purposes of this Section, "clerk of a circuit
23court" means the clerk of a circuit court in any county in the
24State.
25(Source: P.A. 99-143, eff. 7-27-15; 100-763, eff. 8-10-18.)