Bill Amendment: IL HB5019 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COMPTROLLER-DEDUCT & VET PREF
Status: 2018-08-10 - Public Act . . . . . . . . . 100-0763 [HB5019 Detail]
Download: Illinois-2017-HB5019-House_Amendment_001.html
Bill Title: COMPTROLLER-DEDUCT & VET PREF
Status: 2018-08-10 - Public Act . . . . . . . . . 100-0763 [HB5019 Detail]
Download: Illinois-2017-HB5019-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5019
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2 | AMENDMENT NO. ______. Amend House Bill 5019 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Salary and Annuity Withholding Act is | ||||||
5 | amended by changing Section 4 as follows:
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6 | (5 ILCS 365/4) (from Ch. 127, par. 354)
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7 | Sec. 4. Authorization of withholding. An employee or | ||||||
8 | annuitant may
authorize the withholding of a portion of his | ||||||
9 | salary, wages, or annuity for any
one or more of the following | ||||||
10 | purposes:
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11 | (1) for purchase of United States Savings Bonds;
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12 | (2) for payment of premiums on life or accident and | ||||||
13 | health insurance
as defined in Section 4 of the "Illinois | ||||||
14 | Insurance Code", approved June
29, 1937, as amended, and | ||||||
15 | for payment of premiums on policies of
automobile insurance | ||||||
16 | as defined in Section 143.13 of the "Illinois
Insurance |
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1 | Code", as amended, and the personal multiperil coverages | ||||||
2 | commonly
known as homeowner's insurance. However, no | ||||||
3 | portion of salaries, wages or
annuities may be withheld to | ||||||
4 | pay premiums on automobile, homeowner's,
life or accident | ||||||
5 | and health insurance policies issued by any one insurance
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6 | company or insurance service company unless a minimum of | ||||||
7 | 100 employees or
annuitants insured by that company | ||||||
8 | authorize the withholding by an Office
within 6 months | ||||||
9 | after such withholding begins. If such minimum is not
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10 | satisfied the Office may discontinue withholding for such | ||||||
11 | company. For any
insurance company or insurance service | ||||||
12 | company which has not previously had
withholding, the | ||||||
13 | Office may allow withholding for premiums, where less than
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14 | 100 policies have been written, to cover a probationary | ||||||
15 | period. An
insurance company which has discontinued | ||||||
16 | withholding may reinstate it upon
presentation of facts | ||||||
17 | indicating new management or re-organization
satisfactory | ||||||
18 | to the Office;
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19 | (3) for payment to any labor organization designated by | ||||||
20 | the
employee;
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21 | (4) for payment of dues to any association the | ||||||
22 | membership of which
consists of State employees and former | ||||||
23 | State employees;
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24 | (5) for deposit in any credit union, in which State | ||||||
25 | employees are within
the field of membership as a result of | ||||||
26 | their employment;
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1 | (6) for payment to or for the benefit of an institution | ||||||
2 | of higher
education by an employee of that institution;
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3 | (7) for payment of parking fees
at the parking | ||||||
4 | facilities located on the Urbana-Champaign campus of the
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5 | University of Illinois;
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6 | (8) for voluntary payment to the State of Illinois of | ||||||
7 | amounts then due
and payable to the State;
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8 | (9) for investment purchases made as a participant or | ||||||
9 | contributor to qualified tuition programs in College | ||||||
10 | Savings
Programs established pursuant to Section 529 of the | ||||||
11 | Internal Revenue Code or qualified ABLE programs | ||||||
12 | established pursuant to Section 529A of the Internal | ||||||
13 | Revenue Code Section 30-15.8a of the School Code ;
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14 | (10) for voluntary payment to the Illinois Department | ||||||
15 | of Revenue of
amounts due or to become due under the | ||||||
16 | Illinois Income Tax Act;
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17 | (11) for payment of optional contributions to a | ||||||
18 | retirement system
subject to the provisions of the Illinois | ||||||
19 | Pension Code;
| ||||||
20 | (12) for contributions to organizations found | ||||||
21 | qualified by the
State Comptroller under the requirements | ||||||
22 | set forth in the Voluntary Payroll
Deductions Act of 1983;
| ||||||
23 | (13) for payment of fringe benefit contributions to | ||||||
24 | employee benefit trust funds (whether such employee | ||||||
25 | benefit trust funds are governed by the Employee Retirement | ||||||
26 | Income Security Act of 1974, as amended, 29 U.S.C. §1001 et |
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1 | seq. or not) for State contractual employees hired through | ||||||
2 | labor organizations and working pursuant to a signed | ||||||
3 | agreement between a labor organization and a State agency, | ||||||
4 | whether subject to the Illinois Prevailing Wage Act or not; | ||||||
5 | this item (13) is not intended to limit employee benefit | ||||||
6 | trust funds and the contributions to be made thereto to be | ||||||
7 | limited to those which are encompassed for purposes of | ||||||
8 | computing the prevailing wage in any particular locale, but | ||||||
9 | rather such employee benefit trusts are intended to include | ||||||
10 | contributions to be made to such funds that are intended to | ||||||
11 | assist in training, building and maintenance, industry | ||||||
12 | advancement, and the like, including but not limited to | ||||||
13 | those benefit trust funds such as pension and welfare that | ||||||
14 | are normally computed in the prevailing wage rates and | ||||||
15 | which otherwise would be subject to contribution | ||||||
16 | obligations by private employers that are signatory to | ||||||
17 | agreements with labor organizations; | ||||||
18 | (14) for voluntary payment as part of the Illinois | ||||||
19 | Gives Initiative under Section 26 of the State Comptroller | ||||||
20 | Act; or
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21 | (15) for payment of parking fees at the underground | ||||||
22 | facility located south of the William G. Stratton State | ||||||
23 | Office Building in Springfield or the parking ramp located | ||||||
24 | at 401 South College Street, west of the William G. | ||||||
25 | Stratton State Office Building in Springfield. | ||||||
26 | (Source: P.A. 98-700, eff. 7-7-14; 99-166, eff. 7-28-15.)
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1 | Section 10. The State Comptroller Act is amended by | ||||||
2 | changing Sections 10.05, 10.05d, 16.1, and 27 as follows:
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3 | (15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
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4 | Sec. 10.05. Deductions from warrants; statement of reason | ||||||
5 | for deduction. Whenever any person shall be entitled to a | ||||||
6 | warrant or other
payment from the treasury or other funds held | ||||||
7 | by the State Treasurer, on any
account, against whom there | ||||||
8 | shall be any then due and payable account or claim in favor of | ||||||
9 | the
State, the United States upon certification by the | ||||||
10 | Secretary of the Treasury of the United States, or his or her | ||||||
11 | delegate, pursuant to a reciprocal offset agreement under | ||||||
12 | subsection (i-1) of Section 10 of the Illinois State Collection | ||||||
13 | Act of 1986, or a unit of local government, a school district, | ||||||
14 | a public institution of higher education, as defined in Section | ||||||
15 | 1 of the Board of Higher Education Act, or the clerk of a | ||||||
16 | circuit court, upon certification by that entity, the | ||||||
17 | Comptroller, upon notification thereof, shall
ascertain the | ||||||
18 | amount due and payable to the State, the United States, the | ||||||
19 | unit of local government, the school district, the public | ||||||
20 | institution of higher education, or the clerk of the circuit | ||||||
21 | court, as aforesaid, and draw a
warrant on the treasury or on | ||||||
22 | other funds held by the State Treasurer, stating
the amount for | ||||||
23 | which the party was entitled to a warrant or other payment, the
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24 | amount deducted therefrom, and on what account, and directing |
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1 | the payment of
the balance; which warrant or payment as so | ||||||
2 | drawn shall be entered on the books
of the Treasurer, and such | ||||||
3 | balance only shall be paid. The Comptroller may
deduct any one | ||||||
4 | or more of the following: (i) the entire amount due and payable | ||||||
5 | to the State or a portion
of the amount due and payable to the | ||||||
6 | State in accordance with the request of
the notifying agency; | ||||||
7 | (ii) the entire amount due and payable to the United States or | ||||||
8 | a portion of the amount due and payable to the United States in | ||||||
9 | accordance with a reciprocal offset agreement under subsection | ||||||
10 | (i-1) of Section 10 of the Illinois State Collection Act of | ||||||
11 | 1986; or (iii) the entire amount due and payable to the unit of | ||||||
12 | local government, school district, public institution of | ||||||
13 | higher education, or clerk of the circuit court, or a portion | ||||||
14 | of the amount due and payable to that entity, in accordance | ||||||
15 | with an intergovernmental agreement authorized under this | ||||||
16 | Section and Section 10.05d. No request from a notifying agency, | ||||||
17 | the Secretary of the Treasury of the United States, a unit of | ||||||
18 | local government, a school district, a public institution of | ||||||
19 | higher education, or the clerk of a circuit court for an amount | ||||||
20 | to be
deducted under this Section from a wage or salary | ||||||
21 | payment, or from a
contractual payment to an individual for | ||||||
22 | personal services, or from pension annuity payments made under | ||||||
23 | the Illinois Pension Code shall exceed 25% of
the net amount of | ||||||
24 | such payment. "Net amount" means that part of the earnings
of | ||||||
25 | an individual remaining after deduction of any amounts required | ||||||
26 | by law to be
withheld. For purposes of this provision, wage, |
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1 | salary or other payments for
personal services shall not | ||||||
2 | include final compensation payments for the value
of accrued | ||||||
3 | vacation, overtime or sick leave. Whenever the Comptroller | ||||||
4 | draws a
warrant or makes a payment involving a deduction | ||||||
5 | ordered under this Section,
the Comptroller shall notify the | ||||||
6 | payee and the State agency that submitted
the voucher of the | ||||||
7 | reason for the deduction and he or she shall retain a record of | ||||||
8 | such
statement in his or her
records. As used in this Section, | ||||||
9 | an "account or
claim in favor of the State" includes all | ||||||
10 | amounts owing to "State agencies"
as defined in Section 7 of | ||||||
11 | this Act. However, the Comptroller shall not be
required to | ||||||
12 | accept accounts or claims owing to funds not held by the State
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13 | Treasurer, where such accounts or claims do not exceed $50, nor | ||||||
14 | shall the
Comptroller deduct from funds held by the State | ||||||
15 | Treasurer under the Senior
Citizens and Persons with | ||||||
16 | Disabilities Property Tax Relief Act or for payments to | ||||||
17 | institutions from the Illinois Prepaid Tuition Trust
Fund
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18 | (unless the Trust Fund
moneys are used for child support).
The | ||||||
19 | Comptroller shall not deduct from payments to be disbursed from | ||||||
20 | the Child Support Enforcement Trust Fund as provided for under | ||||||
21 | Section 12-10.2 of the Illinois Public Aid Code, except for | ||||||
22 | payments representing interest on child support obligations | ||||||
23 | under Section 10-16.5 of that Code. The Comptroller and the
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24 | Department of Revenue shall enter into an
interagency agreement | ||||||
25 | to establish responsibilities, duties, and procedures
relating | ||||||
26 | to deductions from lottery prizes awarded under Section 20.1
of |
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1 | the Illinois Lottery Law. The Comptroller may enter into an | ||||||
2 | intergovernmental agreement with the Department of Revenue and | ||||||
3 | the Secretary of the Treasury of the United States, or his or | ||||||
4 | her delegate, to establish responsibilities, duties, and | ||||||
5 | procedures relating to reciprocal offset of delinquent State | ||||||
6 | and federal obligations pursuant to subsection (i-1) of Section | ||||||
7 | 10 of the Illinois State Collection Act of 1986. The | ||||||
8 | Comptroller may enter into intergovernmental agreements with | ||||||
9 | any unit of local government, school district, public | ||||||
10 | institution of higher education, or clerk of a circuit court to | ||||||
11 | establish responsibilities, duties, and procedures to provide | ||||||
12 | for the offset, by the Comptroller, of obligations owed to | ||||||
13 | those entities.
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14 | For the purposes of this Section, "clerk of a circuit | ||||||
15 | court" means the clerk of a circuit court in any county in the | ||||||
16 | State. | ||||||
17 | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
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18 | (15 ILCS 405/10.05d) | ||||||
19 | Sec. 10.05d. Deductions for delinquent obligations owed to | ||||||
20 | units of local government, school districts, public | ||||||
21 | institutions of higher education, and clerks of the circuit | ||||||
22 | courts. Pursuant to
Section 10.05 and this Section, the | ||||||
23 | Comptroller may enter into intergovernmental agreements with a | ||||||
24 | unit of local government, a school district, a public | ||||||
25 | institution of higher education, or the clerk of a circuit |
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1 | court, in order to provide for (i) the use of the Comptroller's | ||||||
2 | offset system to collect delinquent obligations owed to that | ||||||
3 | entity and (ii) the payment to the Comptroller of a processing | ||||||
4 | charge of up to $15 per transaction for offsets processed | ||||||
5 | without the assistance of a third-party vendor and a processing | ||||||
6 | charge of up to $20 per transaction for offsets processed with | ||||||
7 | the assistance of a third-party vendor. A third-party vendor | ||||||
8 | may be selected by the Comptroller, pursuant to lawful | ||||||
9 | procurement practices, in order to provide enhanced | ||||||
10 | identification services to the State. The
Comptroller shall | ||||||
11 | deduct, from a warrant or other payment described in Section | ||||||
12 | 10.05, in accordance with the procedures provided therein, its | ||||||
13 | processing charge and the amount
certified as necessary to | ||||||
14 | satisfy, in whole or in part, the
delinquent obligation owed to | ||||||
15 | the unit of local government, school district, public | ||||||
16 | institution of higher education, or clerk of the circuit court, | ||||||
17 | as applicable. The Comptroller shall provide
the unit of local | ||||||
18 | government, school district, public institution of higher | ||||||
19 | education, or clerk of the circuit court, as applicable, with | ||||||
20 | the address to which the warrant or other
payment was to be | ||||||
21 | mailed and any other information pertaining to each
person from | ||||||
22 | whom a deduction is made pursuant to this Section. All | ||||||
23 | deductions ordered under this Section and processing charges | ||||||
24 | imposed under this Section shall be deposited into the | ||||||
25 | Comptroller Debt Recovery Trust Fund, a special fund that the | ||||||
26 | Comptroller shall use for the collection of deductions and |
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1 | processing charges, as provided by law, and the payment of | ||||||
2 | deductions and administrative expenses, as provided by law. | ||||||
3 | Upon processing a deduction, the Comptroller shall give | ||||||
4 | written notice to the person subject to the offset. The notice | ||||||
5 | shall inform the person that he or she may make a written | ||||||
6 | protest to the Comptroller within 60 days after the Comptroller | ||||||
7 | has given notice. The protest shall include the reason for | ||||||
8 | contesting the deduction and any other information that will | ||||||
9 | enable the Comptroller to determine the amount due and payable. | ||||||
10 | The notice may inform the person that, in lieu of protest, he | ||||||
11 | or she may provide written authority to the Comptroller to | ||||||
12 | process the deduction immediately. Upon receiving the written | ||||||
13 | authority provided by the person subject to the offset to | ||||||
14 | process the deduction immediately, the Comptroller may process | ||||||
15 | the deduction immediately. The intergovernmental agreement | ||||||
16 | entered into under Section 10.05 and this Section shall | ||||||
17 | establish procedures through which the Comptroller shall | ||||||
18 | determine the validity of the protest and shall make a final | ||||||
19 | disposition concerning the deduction. If the person subject to | ||||||
20 | the offset has not made a written protest within 60 days after | ||||||
21 | the Comptroller has given notice or if a final disposition is | ||||||
22 | made concerning the deduction, the Comptroller shall pay the | ||||||
23 | deduction to the unit of local government, school district, | ||||||
24 | public institution of higher education, or clerk of the circuit | ||||||
25 | court, as applicable, from the Comptroller Debt Recovery Trust | ||||||
26 | Fund.
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1 | For the purposes of this Section, "clerk of a circuit | ||||||
2 | court" means a clerk of the circuit court in any county in the | ||||||
3 | State. | ||||||
4 | For purposes of this Section, "third-party vendor" means | ||||||
5 | the vendor selected by the Comptroller to provide enhanced | ||||||
6 | identification services to the State. | ||||||
7 | (Source: P.A. 97-632, eff. 12-16-11; 97-970, eff. 8-16-12; | ||||||
8 | 98-272, eff. 8-9-13.)
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9 | (15 ILCS 405/16.1) (from Ch. 15, par. 216.1)
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10 | Sec. 16.1.
All reports filed by local governmental units | ||||||
11 | with the Comptroller
together with any accompanying comment or | ||||||
12 | explanation immediately becomes
part of his or her public | ||||||
13 | records and shall be open to public inspection. The Comptroller | ||||||
14 | shall establish and maintain an online repository designated as | ||||||
15 | "The Warehouse" that makes available to the public any and all | ||||||
16 | reports required by law to be filed with the Office of the | ||||||
17 | Comptroller by local governmental units. The
Comptroller shall | ||||||
18 | make the information contained in such reports available
to | ||||||
19 | State agencies and units of local government upon request.
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20 | (Source: P.A. 99-393, eff. 1-1-16 .)
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21 | (15 ILCS 405/27) | ||||||
22 | Sec. 27. Comptroller's online ledger. The Comptroller | ||||||
23 | shall establish and maintain an online repository of the | ||||||
24 | State's financial transactions , to be known as the |
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1 | Comptroller's "Online Ledger" . The Comptroller shall establish | ||||||
2 | rules and regulations pertaining to the establishment and | ||||||
3 | maintenance of the online ledger "Online Ledger" . Any listing | ||||||
4 | of an immediately preceding year's amount of State employee | ||||||
5 | salaries on the online ledger "Online Ledger" shall list the | ||||||
6 | total amount paid to a State employee during that past calendar | ||||||
7 | year, or a monthly reporting of a State employee's salary from | ||||||
8 | that past calendar year, as rounded to the nearest hundred | ||||||
9 | dollar. Any monthly reporting of a State employee's salary for | ||||||
10 | the current year shall also be listed as rounded to the nearest | ||||||
11 | hundred dollar. The Comptroller, in his or her discretion, may | ||||||
12 | list the unadjusted total salary amount paid to a State | ||||||
13 | employee for any previous year other than the rounded salary | ||||||
14 | amount for the immediately preceding calendar year.
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15 | (Source: P.A. 99-393, eff. 1-1-16; 100-253, eff. 1-1-18 .)
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16 | Section 15. The Comptroller Merit Employment Code is | ||||||
17 | amended by changing Section 10b.7 as follows:
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18 | (15 ILCS 410/10b.7) (from Ch. 15, par. 432)
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19 | Sec. 10b.7.
For the granting of appropriate preference in | ||||||
20 | entrance
examinations to qualified veterans or persons who have | ||||||
21 | been members of the armed
forces of the United States or to | ||||||
22 | qualified persons who, while citizens of
the United States, | ||||||
23 | were members of the armed forces of allies of the United
States | ||||||
24 | in time of hostilities with a foreign country, and to certain |
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1 | other
persons as set forth in this Section.
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2 | (a) As used in this Section:
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3 | (1) "Time of hostilities with a foreign country" means | ||||||
4 | any period of
time in the past, present, or future during | ||||||
5 | which a declaration of war by
the United States Congress | ||||||
6 | has been or is in effect or during which an
emergency | ||||||
7 | condition has been or is in effect that is recognized by | ||||||
8 | the
issuance of a Presidential proclamation or a | ||||||
9 | Presidential executive order
and in which the armed forces | ||||||
10 | expeditionary medal or other campaign service
medals are | ||||||
11 | awarded according to Presidential executive order.
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12 | (2) "Armed forces of the United States" means the | ||||||
13 | United States Army,
Navy, Air Force, Marine Corps, Coast | ||||||
14 | Guard. Service in the Merchant Marine
that constitutes | ||||||
15 | active duty under Section 401 of federal Public Law 95-202
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16 | shall also be considered service in the Armed Forces of the | ||||||
17 | United States
for purposes of this Section.
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18 | (3) "Veteran" means a person who has served as a member of | ||||||
19 | the armed forces of the United States, the Illinois National | ||||||
20 | Guard, or a reserve component of the armed forces of the United | ||||||
21 | States. | ||||||
22 | (b) The preference granted under this Section shall be in | ||||||
23 | the form of
points added to the final grades of the persons if | ||||||
24 | they otherwise qualify
and are entitled to appear on the list | ||||||
25 | of those eligible for appointments.
| ||||||
26 | (c) A veteran is qualified for a preference of 10 points if |
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1 | the veteran
currently holds proof of a service connected | ||||||
2 | disability from the United
States Department of Veterans | ||||||
3 | Affairs or an allied country or if the
veteran is a recipient | ||||||
4 | of the Purple Heart.
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5 | (d) A veteran who has served during a time of hostilities | ||||||
6 | with a
foreign country is qualified for a preference of 5 | ||||||
7 | points if the veteran
served under one or more of the following | ||||||
8 | conditions:
| ||||||
9 | (1) The veteran served a total of at least 6 months, or
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10 | (2) The veteran served for the duration of hostilities | ||||||
11 | regardless of the
length of engagement, or
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12 | (3) The veteran was discharged on the basis of | ||||||
13 | hardship, or
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14 | (4) The veteran was released from active duty because | ||||||
15 | of a service
connected disability and was discharged under | ||||||
16 | honorable conditions.
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17 | (e) A person not eligible for a preference under subsection | ||||||
18 | (c) or (d) is
qualified for a preference of 3 points if the | ||||||
19 | person has served in the
armed forces of the United States, the | ||||||
20 | Illinois National Guard, or any
reserve component of the armed | ||||||
21 | forces of the United States and the person:
(1) served for at | ||||||
22 | least 6 months and has been discharged under honorable
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23 | conditions ; or (2) has been discharged on the ground of | ||||||
24 | hardship ; or (3) was
released from active duty because of a | ||||||
25 | service connected disability ; or (4) served a minimum of 4 | ||||||
26 | years in the Illinois National Guard or reserve component of |
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1 | the armed forces of the United States regardless of whether or | ||||||
2 | not the person was mobilized to active duty . An active
member | ||||||
3 | of the National Guard or a reserve component of the armed | ||||||
4 | forces of
the United States is eligible for the preference if | ||||||
5 | the member meets the
service requirements of this subsection | ||||||
6 | (e).
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7 | (f) The rank order of persons entitled to a preference on | ||||||
8 | eligible
lists shall be determined on the basis of their | ||||||
9 | augmented ratings. When the
Director establishes eligible | ||||||
10 | lists on the basis of category ratings such
as "superior", | ||||||
11 | "excellent", "well-qualified", and "qualified", the veteran
| ||||||
12 | eligibles in each such category shall be preferred for | ||||||
13 | appointment before
the non-veteran eligibles in the same | ||||||
14 | category.
| ||||||
15 | (g) Employees in positions covered by jurisdiction B who, | ||||||
16 | while in good
standing, leave to engage in military service | ||||||
17 | during a period of
hostility, shall be given credit for | ||||||
18 | seniority purposes for time served
in the armed forces.
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19 | (h) A surviving unremarried spouse of a veteran who | ||||||
20 | suffered a
service connected death or the spouse of a veteran | ||||||
21 | who suffered a service
connected disability that prevents the | ||||||
22 | veteran from qualifying for civil
service employment shall be | ||||||
23 | entitled to the same preference to which the
veteran would have | ||||||
24 | been entitled under this Section.
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25 | (i) A preference shall also be given to the following | ||||||
26 | individuals:
10 points for one parent of an unmarried veteran |
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1 | who suffered a service
connected death or a service connected | ||||||
2 | disability that prevents the veteran
from qualifying for civil | ||||||
3 | service employment. The first parent to receive a
civil service | ||||||
4 | appointment shall be the parent entitled to the preference.
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5 | (Source: P.A. 87-796.)
| ||||||
6 | Section 20. The Illinois State Collection Act of 1986 is | ||||||
7 | amended by changing Section 5 as follows:
| ||||||
8 | (30 ILCS 210/5) (from Ch. 15, par. 155)
| ||||||
9 | Sec. 5. Rules; payment plans; offsets.
| ||||||
10 | (a) Until July 1, 2004 for the Department of Public
Aid
and | ||||||
11 | July 1, 2005 for Universities and all other State agencies,
| ||||||
12 | State agencies shall adopt rules establishing formal due
dates | ||||||
13 | for amounts owing to the State and for the referral of
| ||||||
14 | seriously past due accounts to private collection agencies, | ||||||
15 | unless
otherwise expressly provided by law or rule, except that | ||||||
16 | on and after July 1,
2005, the Department of Employment | ||||||
17 | Security may continue to refer to private
collection agencies | ||||||
18 | past due amounts that are exempt from subsection (g).
Such | ||||||
19 | procedures shall be
established in accord with sound business | ||||||
20 | practices.
| ||||||
21 | (b) Until July 1, 2004 for the Department of
Public Aid and | ||||||
22 | July 1, 2005 for Universities and all other State agencies,
| ||||||
23 | agencies may enter deferred payment plans for debtors of the | ||||||
24 | agency
and documentation of this fact retained by the agency, |
| |||||||
| |||||||
1 | where the deferred
payment plan is likely to increase the net | ||||||
2 | amount collected by the State,
except that, on and after July | ||||||
3 | 1, 2005, the Department of Employment Security
may continue to | ||||||
4 | enter deferred payment plans for debts that are exempt from
| ||||||
5 | subsection (g).
| ||||||
6 | (c) Until July 1, 2004 for the Department of
Public Aid
and | ||||||
7 | July 1, 2005 for Universities and all other State agencies,
| ||||||
8 | State agencies may use the Comptroller's Offset
System provided | ||||||
9 | in
Section 10.05 of the State Comptroller Act for the | ||||||
10 | collection of debts owed
to the agency, except that, on and | ||||||
11 | after July 1, 2005, the Department of
Employment Security may | ||||||
12 | continue to use the Comptroller's offset system to
collect | ||||||
13 | amounts that are exempt from subsection (g). | ||||||
14 | (c-1) All debts that exceed
$250 and are more than 90 days | ||||||
15 | past
due shall be placed in the Comptroller's Offset System, | ||||||
16 | unless (i) the State
agency shall have entered into a deferred | ||||||
17 | payment plan or demonstrates to
the Comptroller's satisfaction | ||||||
18 | that referral for offset is not cost effective; or (ii) the | ||||||
19 | State agency is a university that elects to place in the | ||||||
20 | Comptroller's Offset System only debts that exceed $1,000 and | ||||||
21 | are more than 90 days past due. All debt, and maintenance of | ||||||
22 | that debt, that is placed in the Comptroller's Offset System | ||||||
23 | must be submitted electronically to the office of the | ||||||
24 | Comptroller. Any exception to this requirement must be approved | ||||||
25 | in writing by the Comptroller. | ||||||
26 | (c-2) Upon processing a deduction to satisfy a debt owed to |
| |||||||
| |||||||
1 | a university or a State agency and placed in the Comptroller's | ||||||
2 | Offset System in accordance with subsection (c-1), the | ||||||
3 | Comptroller shall give written notice to the person subject to | ||||||
4 | the offset. The notice shall inform the person that he or she | ||||||
5 | may make a written protest to the Comptroller within 60 days | ||||||
6 | after the Comptroller has given notice. The notice may inform | ||||||
7 | the person that, in lieu of protest, he or she may provide | ||||||
8 | written authority to the Comptroller to process the deduction | ||||||
9 | immediately. Upon receiving the written authority provided by | ||||||
10 | the person subject to the offset to process the deduction | ||||||
11 | immediately, the Comptroller may process the deduction | ||||||
12 | immediately. The protest shall include the reason for | ||||||
13 | contesting the deduction and any other information that will | ||||||
14 | enable the Comptroller to determine the amount due and payable. | ||||||
15 | If the person subject to the offset has not made a written | ||||||
16 | protest within 60 days after the Comptroller has given notice, | ||||||
17 | or if a final disposition is made concerning the deduction, the | ||||||
18 | Comptroller shall pay the deduction to the university or the | ||||||
19 | State agency. | ||||||
20 | (c-3) For a debt owed to a university or a State agency and | ||||||
21 | placed in the Comptroller's Offset System in accordance with | ||||||
22 | subsection (c-1), the Comptroller shall deduct, from a warrant | ||||||
23 | or other payment, its processing charge and the amount | ||||||
24 | certified as necessary to satisfy, in whole or in part, the | ||||||
25 | debt owed to the university or the State agency. The | ||||||
26 | Comptroller shall deduct a processing charge of up to $15 per |
| |||||||
| |||||||
1 | transaction for each offset and such charges shall be deposited | ||||||
2 | into the Comptroller Debt Recovery Trust Fund.
| ||||||
3 | (c-4) If a State university withholds moneys from a | ||||||
4 | university-funded payroll for a debt in accordance with this | ||||||
5 | Act, the university may also withhold the processing charge | ||||||
6 | identified in Section 10.05d of the State Comptroller Act and | ||||||
7 | subsection (c-3) of Section 5 of the Illinois State Collection | ||||||
8 | Act of 1986. Both amounts must be remitted to the Office of the | ||||||
9 | Comptroller in a timely manner. | ||||||
10 | (d) State agencies shall develop internal procedures | ||||||
11 | whereby
agency initiated payments to its debtors may be offset | ||||||
12 | without referral to
the Comptroller's Offset System.
| ||||||
13 | (e) State agencies or the Comptroller may remove claims | ||||||
14 | from the
Comptroller's Offset System, where such claims have | ||||||
15 | been inactive for more
than one year.
| ||||||
16 | (f) State agencies may use the Comptroller's Offset System | ||||||
17 | to determine if
any State agency is attempting to collect debt | ||||||
18 | from a contractor, bidder, or
other proposed contracting party.
| ||||||
19 | (g) Beginning July 1, 2004 for the Departments of Public | ||||||
20 | Aid (now Healthcare and Family Services) and
Employment | ||||||
21 | Security and July 1, 2005 for Universities and other State | ||||||
22 | agencies,
State agencies shall refer to the Department of | ||||||
23 | Revenue Debt Collection Bureau
(the Bureau) all debt to the | ||||||
24 | State, provided that the debt satisfies the
requirements
for | ||||||
25 | referral of delinquent debt as established by rule by the | ||||||
26 | Department of
Revenue.
|
| |||||||
| |||||||
1 | (h) The Department of Healthcare and Family Services shall | ||||||
2 | be exempt from the requirements of
this Section with regard to | ||||||
3 | child support debts, the collection of which is
governed by the | ||||||
4 | requirements of Title IV, Part D of the federal Social Security
| ||||||
5 | Act. The Department of Healthcare and Family Services may refer | ||||||
6 | child support debts to the Bureau,
provided that the debt | ||||||
7 | satisfies the requirements for referral of delinquent
debt as
| ||||||
8 | established by rule by the Department of Revenue. The Bureau | ||||||
9 | shall use all
legal means available to collect child support | ||||||
10 | debt, including those
authorizing the Department of Revenue to | ||||||
11 | collect debt and those authorizing the
Department of Healthcare | ||||||
12 | and Family Services to collect debt. All such referred debt | ||||||
13 | shall remain
an obligation under the Department of Healthcare | ||||||
14 | and Family Services' Child
Support Enforcement Program subject | ||||||
15 | to the requirements of Title IV, Part D of
the federal Social | ||||||
16 | Security Act, including the continued use of federally
mandated | ||||||
17 | enforcement remedies and techniques by the Department of | ||||||
18 | Healthcare and Family Services.
| ||||||
19 | (h-1) The Department of Employment Security is exempt from | ||||||
20 | subsection (g)
with regard to debts to any federal account, | ||||||
21 | including but not limited to the
Unemployment Trust Fund, and | ||||||
22 | penalties and interest assessed under the
Unemployment | ||||||
23 | Insurance Act. The Department of Employment Security may refer
| ||||||
24 | those debts to the Bureau, provided the debt satisfies the | ||||||
25 | requirements for
referral of delinquent debt as established by | ||||||
26 | rule by the Department of
Revenue. The Bureau shall use all |
| |||||||
| |||||||
1 | legal means available to collect the debts,
including those | ||||||
2 | authorizing the Department of Revenue to collect debt and those
| ||||||
3 | authorizing the Department of Employment Security to collect | ||||||
4 | debt. All
referred debt shall remain an obligation to the | ||||||
5 | account to which it is owed.
| ||||||
6 | (i) All debt referred to the Bureau for collection shall | ||||||
7 | remain the property
of the referring agency. The Bureau shall | ||||||
8 | collect debt on behalf of the
referring agency using all legal | ||||||
9 | means available, including those authorizing
the Department of | ||||||
10 | Revenue to collect debt and those authorizing the referring
| ||||||
11 | agency to collect debt.
| ||||||
12 | (j) No debt secured by an interest in real property granted | ||||||
13 | by the debtor in
exchange for the creation of the debt shall be | ||||||
14 | referred to the Bureau. The
Bureau shall have no obligation to | ||||||
15 | collect debts secured by an interest in real
property.
| ||||||
16 | (k) Beginning July 1, 2003, each agency shall collect and | ||||||
17 | provide the Bureau
information regarding the nature and details | ||||||
18 | of its debt in such form and
manner as the Department of | ||||||
19 | Revenue shall require.
| ||||||
20 | (l) For all debt accruing after July 1, 2003, each agency | ||||||
21 | shall collect and
transmit such debtor identification | ||||||
22 | information as the Department of Revenue
shall require.
| ||||||
23 | (Source: P.A. 97-759, eff. 7-6-12; 98-1043, eff. 8-25-14.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.".
|