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92_HB5967eng HB5967 Engrossed LRB9214241JSpc 1 AN ACT concerning deductions from State warrants. 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 5 changing 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 8 reason for deduction. Whenever any person shall be entitled 9 to a warrant or other payment from the treasury or other 10 funds held by the State Treasurer, on any account, against 11 whom there shall be any account or claim in favor of the 12 State, then due and payable, the Comptroller, upon 13 notification thereof, shall ascertain the amount due and 14 payable to the State, as aforesaid, and draw a warrant on the 15 treasury or on other funds held by the State Treasurer, 16 stating the amount for which the party was entitled to a 17 warrant or other payment, the amount deducted therefrom, and 18 on what account, and directing the payment of the balance; 19 which warrant or payment as so drawn shall be entered on the 20 books of the Treasurer, and such balance only shall be paid. 21 The Comptroller may deduct the entire amount due and payable 22 to the State or may deduct a portion of the amount due and 23 payable to the State in accordance with the request of the 24 notifying agency. No request from a notifying agency for an 25 amount to be deducted under this Section from a wage or 26 salary payment, or from a contractual payment to an 27 individual for personal services, shall exceed 25% of the net 28 amount of such payment. "Net amount" means that part of the 29 earnings of an individual remaining after deduction of any 30 amounts required by law to be withheld. For purposes of this 31 provision, wage, salary or other payments for personal HB5967 Engrossed -2- LRB9214241JSpc 1 services shall not include final compensation payments for 2 the value of accrued vacation, overtime or sick leave. 3 Whenever the Comptroller draws a warrant or makes a payment 4 involving a deduction ordered under this Section, the 5 Comptroller shall notify the payee and the State agency that 6 submitted the voucher of the reason for the deduction and he 7 or she shall retain a record of such statement in his or her 8 records. As used in this Section, an "account or claim in 9 favor of the State" includes all amounts owing to "State 10 agencies" as defined in Section 7 of this Act. However, the 11 Comptroller shall not be required to accept accounts or 12 claims owing to funds not held by the State Treasurer, where 13 such accounts or claims do not exceed $50, nor shall the 14 Comptroller deduct from funds held by the State Treasurer 15 under the Senior Citizens and Disabled Persons Property Tax 16 Relief and Pharmaceutical Assistance Act or the Children's 17 Health Insurance Program Act. The Comptroller and the 18 Department of the Lottery shall enter into an interagency 19 agreement to establish responsibility, duties, and procedures 20 relating to deductions from lottery prizes awarded under 21 Section 20.1 of the Illinois Lottery Law. 22 (Source: P.A. 90-37, eff. 6-27-97.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.