State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 002 ]


92_HB5150sam001











                                           LRB9211713SMdvam01

 1                    AMENDMENT TO HOUSE BILL 5150

 2        AMENDMENT NO.     .  Amend House Bill 5150  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section   5.   The Illinois State Collection Act of 1986
 5    is amended by changing Section 8 as follows:

 6        (30 ILCS 210/8) (from Ch. 15, par. 158)
 7        Sec. 8.  Debt Collection Board.   There is created a Debt
 8    Collection  Board  consisting  of  the  Director  of  Central
 9    Management Services as chairman, the State  Comptroller,  and
10    the  Attorney  General,  or  their respective designees.  The
11    Board shall establish a centralized  collections  service  to
12    undertake  further  collection efforts on delinquent accounts
13    or claims of the State which have not been collected  through
14    the  reasonable  efforts  of  the  respective State agencies.
15    The Board shall promulgate rules and regulations pursuant  to
16    the  Illinois Administrative Procedure Act with regard to the
17    establishment   of   timetables   and   the   assumption   of
18    responsibility for agency accounts receivable that  have  not
19    been  collected  by  the agency, are not subject to a current
20    repayment plan, or have not been certified  as  uncollectible
21    as  of the date specified by the Board.  The Board shall make
22    a final evaluation of those accounts and either (i) direct or
 
                            -2-            LRB9211713SMdvam01
 1    conduct further collection activities when further collection
 2    efforts are in the best economic interest  of  the  State  or
 3    (ii)  in  accordance  with Section 2 of the Uncollected State
 4    Claims Act, certify the receivable as uncollectible or submit
 5    the account to the Attorney General for that certification.
 6        The Board is empowered to  adopt  rules  and  regulations
 7    subject  to  the  provisions  of  the Illinois Administrative
 8    Procedure Act.
 9        After an account has been certified by the Board  or  the
10    Attorney  General  as  uncollectible  under this Section, the
11    State Comptroller Board is empowered to  enter  into  one  or
12    more contracts with outside private vendors with demonstrated
13    capabilities  in  the  area  of  account  collection  for the
14    collection of the delinquent accounts. The contracts shall be
15    let on  the  basis  of  competitive  proposals  secured  from
16    responsible  proposers.   The  State  Comptroller  Board  may
17    require  that  vendors  be prequalified.  All contracts shall
18    provide for a contingent fee based on the age, nature, amount
19    and type of delinquent account.  The State Comptroller  Board
20    may  adopt  a  reasonable  classification  schedule  for  the
21    various  receivables.   The contractor shall remit the amount
22    collected, net of the contingent fee, to the respective State
23    agency which shall deposit the net amount received  into  the
24    fund  that  would  have  received  the  receipt  had  it been
25    collected by the State agency.  No portion of the collections
26    shall  be  deposited  into  an   Accounts   Receivable   Fund
27    established  under  Section  6 of this Act.   The Board shall
28    act only upon the unanimous vote of its members.
29    (Source: P.A. 89-511, eff. 1-1-97.)".

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