Bill Text: IL SB0205 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The State Comptroller Act is amended by changing | ||||||
| 5 | Section 10.05d as follows:
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| 6 | (15 ILCS 405/10.05d) | ||||||
| 7 | Sec. 10.05d. Deductions for delinquent obligations owed to | ||||||
| 8 | units of local government, school districts, public | ||||||
| 9 | institutions of higher education, and clerks of the circuit | ||||||
| 10 | courts. Pursuant to
Section 10.05 and this Section, the | ||||||
| 11 | Comptroller may enter into intergovernmental agreements with a | ||||||
| 12 | unit of local government, a school district, a public | ||||||
| 13 | institution of higher education, or the clerk of a circuit | ||||||
| 14 | court, in order to provide for (i) the use of the Comptroller's | ||||||
| 15 | offset system to collect delinquent obligations owed to that | ||||||
| 16 | entity and (ii) the payment to the Comptroller of a processing | ||||||
| 17 | charge of up to $15 per transaction for such offsets processed | ||||||
| 18 | without the assistance of a third-party vendor and a processing | ||||||
| 19 | charge of up to $20 per transaction for offsets processed with | ||||||
| 20 | the assistance of a third-party vendor. A third-party vendor | ||||||
| 21 | may be selected by the Comptroller, pursuant to lawful | ||||||
| 22 | procurement practices, in order to provide enhanced | ||||||
| 23 | identification services to the State. The
Comptroller shall | ||||||
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| 1 | deduct, from a warrant or other payment described in Section | ||||||
| 2 | 10.05, in accordance with the procedures provided therein, its | ||||||
| 3 | processing charge and the amount
certified as necessary to | ||||||
| 4 | satisfy, in whole or in part, the
delinquent obligation owed to | ||||||
| 5 | the unit of local government, school district, public | ||||||
| 6 | institution of higher education, or clerk of the circuit court, | ||||||
| 7 | as applicable. The Comptroller shall provide
the unit of local | ||||||
| 8 | government, school district, public institution of higher | ||||||
| 9 | education, or clerk of the circuit court, as applicable, with | ||||||
| 10 | the address to which the warrant or other
payment was to be | ||||||
| 11 | mailed and any other information pertaining to each
person from | ||||||
| 12 | whom a deduction is made pursuant to this Section. All | ||||||
| 13 | deductions ordered under this Section and processing charges | ||||||
| 14 | imposed under this Section shall be deposited into the | ||||||
| 15 | Comptroller Debt Recovery Trust Fund, a special fund that the | ||||||
| 16 | Comptroller shall use for the collection of deductions and | ||||||
| 17 | processing charges, as provided by law, and the payment of | ||||||
| 18 | deductions and administrative expenses, as provided by law. | ||||||
| 19 | Upon processing a deduction, the Comptroller shall give | ||||||
| 20 | written notice to the person subject to the offset. The notice | ||||||
| 21 | shall inform the person that he or she may make a written | ||||||
| 22 | protest to the Comptroller within 60 days after the Comptroller | ||||||
| 23 | has given notice. The protest shall include the reason for | ||||||
| 24 | contesting the deduction and any other information that will | ||||||
| 25 | enable the Comptroller to determine the amount due and payable. | ||||||
| 26 | The intergovernmental agreement entered into under Section | ||||||
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| 1 | 10.05 and this Section shall establish procedures through which | ||||||
| 2 | the Comptroller shall determine the validity of the protest and | ||||||
| 3 | shall make a final disposition concerning the deduction. If the | ||||||
| 4 | person subject to the offset has not made a written protest | ||||||
| 5 | within 60 days after the Comptroller has given notice or if a | ||||||
| 6 | final disposition is made concerning the deduction, the | ||||||
| 7 | Comptroller shall pay the deduction to the unit of local | ||||||
| 8 | government, school district, public institution of higher | ||||||
| 9 | education, or clerk of the circuit court, as applicable, from | ||||||
| 10 | the Comptroller Debt Recovery Trust Fund.
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| 11 | For the purposes of this Section, "clerk of a circuit | ||||||
| 12 | court" means a clerk of the circuit court in any county in the | ||||||
| 13 | State. | ||||||
| 14 | For purposes of this Section, "third-party vendor" means | ||||||
| 15 | the vendor selected by the Comptroller to provide enhanced | ||||||
| 16 | identification services to the State. | ||||||
| 17 | (Source: P.A. 97-632, eff. 12-16-11; 97-970, eff. 8-16-12.)
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