Bill Amendment: IL HB0819 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE GOVERNMENT-TECH
Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0819 Detail]
Download: Illinois-2023-HB0819-House_Amendment_001.html
Bill Title: STATE GOVERNMENT-TECH
Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0819 Detail]
Download: Illinois-2023-HB0819-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 819 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 819 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Comptroller Act is amended by | ||||||
5 | changing Section 10.05 as follows:
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6 | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05) | ||||||
7 | Sec. 10.05. Deductions from warrants; statement of reason | ||||||
8 | for deduction. Whenever any person shall be entitled to a | ||||||
9 | warrant or other payment from the treasury or other funds held | ||||||
10 | by the State Treasurer, on any account, against whom there | ||||||
11 | shall be any then due and payable account or claim in favor of | ||||||
12 | the State, the United States upon certification by the | ||||||
13 | Secretary of the Treasury of the United States, or his or her | ||||||
14 | delegate, pursuant to a reciprocal offset agreement under | ||||||
15 | subsection (i-1) of Section 10 of the Illinois State | ||||||
16 | Collection Act of 1986, or a unit of local government, a school |
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1 | district, a public institution of higher education, as defined | ||||||
2 | in Section 1 of the Board of Higher Education Act, a public | ||||||
3 | agency or association organized under an intergovernmental | ||||||
4 | agreement in accordance with the provisions of the | ||||||
5 | Intergovernmental Cooperation Act, including an | ||||||
6 | intergovernmental risk management association or | ||||||
7 | self-insurance pool, or the clerk of a circuit court, upon | ||||||
8 | certification by that entity, the Comptroller, upon | ||||||
9 | notification thereof, shall ascertain the amount due and | ||||||
10 | payable to the State, the United States, the unit of local | ||||||
11 | government, the school district, the public institution of | ||||||
12 | higher education, the public agency or association organized | ||||||
13 | under an intergovernmental agreement in accordance with the | ||||||
14 | provisions of the Intergovernmental Cooperation Act, or the | ||||||
15 | clerk of the circuit court, as aforesaid, and draw a warrant on | ||||||
16 | the treasury or on other funds held by the State Treasurer, | ||||||
17 | stating the amount for which the party was entitled to a | ||||||
18 | warrant or other payment, the amount deducted therefrom, and | ||||||
19 | on what account, and directing the payment of the balance; | ||||||
20 | which warrant or payment as so drawn shall be entered on the | ||||||
21 | books of the Treasurer, and such balance only shall be paid. | ||||||
22 | The Comptroller may deduct any one or more of the following: | ||||||
23 | (i) the entire amount due and payable to the State or a portion | ||||||
24 | of the amount due and payable to the State in accordance with | ||||||
25 | the request of the notifying agency; (ii) the entire amount | ||||||
26 | due and payable to the United States or a portion of the amount |
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1 | due and payable to the United States in accordance with a | ||||||
2 | reciprocal offset agreement under subsection (i-1) of Section | ||||||
3 | 10 of the Illinois State Collection Act of 1986; or (iii) the | ||||||
4 | entire amount due and payable to the unit of local government, | ||||||
5 | the school district, the public institution of higher | ||||||
6 | education, the public agency or association organized under an | ||||||
7 | intergovernmental agreement in accordance with the provisions | ||||||
8 | of the Intergovernmental Cooperation Act, or the clerk of the | ||||||
9 | circuit court, or a portion of the amount due and payable to | ||||||
10 | that entity, in accordance with an intergovernmental agreement | ||||||
11 | authorized under this Section and Section 10.05d. No request | ||||||
12 | from a notifying agency, the Secretary of the Treasury of the | ||||||
13 | United States, a unit of local government, a school district, | ||||||
14 | a public institution of higher education, a public agency or | ||||||
15 | association organized under an intergovernmental agreement in | ||||||
16 | accordance with the provisions of the Intergovernmental | ||||||
17 | Cooperation Act, or the clerk of a circuit court for an amount | ||||||
18 | to be deducted under this Section from a wage or salary | ||||||
19 | payment, from a contractual payment to an individual for | ||||||
20 | personal services, or from pension annuity payments made under | ||||||
21 | the Illinois Pension Code shall exceed 25% of the net amount of | ||||||
22 | such payment. "Net amount" means that part of the earnings of | ||||||
23 | an individual remaining after deduction of any amounts | ||||||
24 | required by law to be withheld. For purposes of this | ||||||
25 | provision, wage, salary or other payments for personal | ||||||
26 | services shall not include final compensation payments for the |
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1 | value of accrued vacation, overtime or sick leave. Whenever | ||||||
2 | the Comptroller draws a warrant or makes a payment involving a | ||||||
3 | deduction ordered under this Section, the Comptroller shall | ||||||
4 | notify the payee and the State agency that submitted the | ||||||
5 | voucher of the reason for the deduction and he or she shall | ||||||
6 | retain a record of such statement in his or her records. As | ||||||
7 | used in this Section, an "account or claim in favor of the | ||||||
8 | State" includes all amounts owing to "State agencies" as | ||||||
9 | defined in Section 7 of this Act. However, the Comptroller | ||||||
10 | shall not be required to accept accounts or claims owing to | ||||||
11 | funds not held by the State Treasurer, where such accounts or | ||||||
12 | claims do not exceed $50, nor shall the Comptroller deduct | ||||||
13 | from funds held by the State Treasurer under the Senior | ||||||
14 | Citizens and Persons with Disabilities Property Tax Relief Act | ||||||
15 | or for payments to institutions from the Illinois Prepaid | ||||||
16 | Tuition Trust Fund (unless the Trust Fund moneys are used for | ||||||
17 | child support). The Comptroller shall not deduct from payments | ||||||
18 | to be disbursed from the Child Support Enforcement Trust Fund | ||||||
19 | as provided for under Section 12-10.2 of the Illinois Public | ||||||
20 | Aid Code, except for payments representing interest on child | ||||||
21 | support obligations under Section 10-16.5 of that Code. The | ||||||
22 | Comptroller and the Department of Revenue shall enter into an | ||||||
23 | interagency agreement to establish responsibilities, duties, | ||||||
24 | and procedures relating to deductions from lottery prizes | ||||||
25 | awarded under Section 20.1 of the Illinois Lottery Law. The | ||||||
26 | Comptroller may enter into an intergovernmental agreement with |
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1 | the Department of Revenue and the Secretary of the Treasury of | ||||||
2 | the United States, or his or her delegate, to establish | ||||||
3 | responsibilities, duties, and procedures relating to | ||||||
4 | reciprocal offset of delinquent State and federal obligations | ||||||
5 | pursuant to subsection (i-1) of Section 10 of the Illinois | ||||||
6 | State Collection Act of 1986. The Comptroller may enter into | ||||||
7 | intergovernmental agreements with a any unit of local | ||||||
8 | government, a school district, a public institution of higher | ||||||
9 | education, a public agency or association organized under an | ||||||
10 | intergovernmental agreement in accordance with the provisions | ||||||
11 | of the Intergovernmental Cooperation Act, or the clerk of a | ||||||
12 | circuit court to establish responsibilities, duties, and | ||||||
13 | procedures to provide for the offset, by the Comptroller, of | ||||||
14 | obligations owed to those entities. | ||||||
15 | For the purposes of this Section, "clerk of a circuit | ||||||
16 | court" means the clerk of a circuit court in any county in the | ||||||
17 | State. | ||||||
18 | (Source: P.A. 99-143, eff. 7-27-15; 100-763, eff. 8-10-18.)
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