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[ Engrossed ] | [ House Amendment 001 ] |
92_SB2424 LRB9217761SMpkA 1 AN ACT concerning State finance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.570 as follows: 6 (30 ILCS 105/5.570 new) 7 Sec. 5.570. The Sheridan Correctional Center Fund. 8 Section 10. The Illinois State Collection Act of 1986 is 9 amended by changing Section 8 as follows: 10 (30 ILCS 210/8) (from Ch. 15, par. 158) 11 Sec. 8. Debt Collection Board. There is created a Debt 12 Collection Board consisting of the Director of Central 13 Management Services as chairman, the State Comptroller, and 14 the Attorney General, or their respective designees. The 15 Board shall establish a centralized collections service to 16 undertake further collection efforts on delinquent accounts 17 or claims of the State which have not been collected through 18 the reasonable efforts of the respective State agencies. 19 The Board shall promulgate rules and regulations pursuant to 20 the Illinois Administrative Procedure Act with regard to the 21 establishment of timetables and the assumption of 22 responsibility for agency accounts receivable that have not 23 been collected by the agency, are not subject to a current 24 repayment plan, or have not been certified as uncollectible 25 as of the date specified by the Board. The Board shall make 26 a final evaluation of those accounts and either (i) direct or 27 conduct further collection activities when further collection 28 efforts are in the best economic interest of the State or 29 (ii) in accordance with Section 2 of the Uncollected State -2- LRB9217761SMpkA 1 Claims Act, certify the receivable as uncollectible or submit 2 the account to the Attorney General for that certification. 3 The Board is empowered to adopt rules and regulations 4 subject to the provisions of the Illinois Administrative 5 Procedure Act. 6 The Board is empowered to enter into one or more 7 contracts with outside private vendors with demonstrated 8 capabilities in the area of account collection for the 9 collection of the delinquent accounts. The contracts shall be 10 let on the basis of competitive proposals secured from 11 responsible proposers. The Board may require that vendors be 12 prequalified. All contracts shall provide for a contingent 13 fee based on the age, nature, amount and type of delinquent 14 account. The Board may adopt a reasonable classification 15 schedule for the various receivables.The contractor shall16remit the amount collected, net of the contingent fee, to the17respective State agency which shall deposit the net amount18received into the fund that would have received the receipt19had it been collected by the State agency.No portion of the 20 collections shall be deposited into an Accounts Receivable 21 Fund established under Section 6 of this Act. The Board 22 shall act only upon the unanimous vote of its members. 23 After accounts have been certified by the Board or the 24 Attorney General as uncollectible under this Section, the 25 State Comptroller may sell the debts to one or more outside 26 private vendors or may enter into one or more contracts with 27 outside private vendors for the purpose of pursuing a 28 last-call collection effort to collect these debts. All 29 contracts with outside private vendors for the purpose of 30 pursuing a last-call collection effort to collect the debts 31 shall provide for a contingent fee. 32 Beginning on the effective date of this amendatory Act of 33 the 92nd General Assembly, the outside private vendors shall 34 remit to the State Comptroller either (i) all amounts -3- LRB9217761SMpkA 1 collected under a contract, net of any contingent fees, or 2 (ii) the purchase price for debts sold. Beginning on the 3 effective date of this amendatory Act of the 92nd General 4 Assembly, the State Comptroller shall deposit the first 5 $28,000,000 received under this Section into the Sheridan 6 Correctional Center Fund, a special fund in the State 7 treasury. All other amounts received by the State Comptroller 8 under this Section shall be deposited into the fund that 9 would have received the receipt had it been collected by the 10 State agency. All moneys in the Sheridan Correctional Center 11 Fund shall be appropriated to the Department of Corrections 12 to be used for the sole purpose of keeping open or 13 re-opening, as the case may be, the Sheridan Correctional 14 Center and for its continued operation, and for no other 15 purpose. 16 (Source: P.A. 89-511, eff. 1-1-97.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.