Bill Text: IL SB0205 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the Department of Agriculture.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0272 [SB0205 Detail]
Download: Illinois-2013-SB0205-Chaptered.html
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| Public Act 098-0272 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Comptroller Act is amended by changing | ||||
Section 10.05d as follows:
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(15 ILCS 405/10.05d) | ||||
Sec. 10.05d. Deductions for delinquent obligations owed to | ||||
units of local government, school districts, public | ||||
institutions of higher education, and clerks of the circuit | ||||
courts. Pursuant to
Section 10.05 and this Section, the | ||||
Comptroller may enter into intergovernmental agreements with a | ||||
unit of local government, a school district, a public | ||||
institution of higher education, or the clerk of a circuit | ||||
court, in order to provide for (i) the use of the Comptroller's | ||||
offset system to collect delinquent obligations owed to that | ||||
entity and (ii) the payment to the Comptroller of a processing | ||||
charge of up to $15 per transaction for such offsets processed | ||||
without the assistance of a third-party vendor and a processing | ||||
charge of up to $20 per transaction for offsets processed with | ||||
the assistance of a third-party vendor. A third-party vendor | ||||
may be selected by the Comptroller, pursuant to lawful | ||||
procurement practices, in order to provide enhanced | ||||
identification services to the State. The
Comptroller shall | ||||
deduct, from a warrant or other payment described in Section | ||
10.05, in accordance with the procedures provided therein, its | ||
processing charge and the amount
certified as necessary to | ||
satisfy, in whole or in part, the
delinquent obligation owed to | ||
the unit of local government, school district, public | ||
institution of higher education, or clerk of the circuit court, | ||
as applicable. The Comptroller shall provide
the unit of local | ||
government, school district, public institution of higher | ||
education, or clerk of the circuit court, as applicable, with | ||
the address to which the warrant or other
payment was to be | ||
mailed and any other information pertaining to each
person from | ||
whom a deduction is made pursuant to this Section. All | ||
deductions ordered under this Section and processing charges | ||
imposed under this Section shall be deposited into the | ||
Comptroller Debt Recovery Trust Fund, a special fund that the | ||
Comptroller shall use for the collection of deductions and | ||
processing charges, as provided by law, and the payment of | ||
deductions and administrative expenses, as provided by law. | ||
Upon processing a deduction, the Comptroller shall give | ||
written notice to the person subject to the offset. The notice | ||
shall inform the person that he or she may make a written | ||
protest to the Comptroller within 60 days after the Comptroller | ||
has given notice. The protest shall include the reason for | ||
contesting the deduction and any other information that will | ||
enable the Comptroller to determine the amount due and payable. | ||
The intergovernmental agreement entered into under Section | ||
10.05 and this Section shall establish procedures through which | ||
the Comptroller shall determine the validity of the protest and | ||
shall make a final disposition concerning the deduction. If the | ||
person subject to the offset has not made a written protest | ||
within 60 days after the Comptroller has given notice or if a | ||
final disposition is made concerning the deduction, the | ||
Comptroller shall pay the deduction to the unit of local | ||
government, school district, public institution of higher | ||
education, or clerk of the circuit court, as applicable, from | ||
the Comptroller Debt Recovery Trust Fund.
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For the purposes of this Section, "clerk of a circuit | ||
court" means a clerk of the circuit court in any county in the | ||
State. | ||
For purposes of this Section, "third-party vendor" means | ||
the vendor selected by the Comptroller to provide enhanced | ||
identification services to the State. | ||
(Source: P.A. 97-632, eff. 12-16-11; 97-970, eff. 8-16-12.)
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