HB 40 — STATE LOAN ACT

093_HB0040HB0040 Engrossed LRB093 02366 ACG 02374 b AN ACT in relation to State loans.

"State loan" means any loan of, or combination of loans totaling, $50,000 or more made by the State of Illinois or any State agency to any person for any purpose.purpose except for participation loans or financial transactions through statutorily-authorized financial intermediaries in support of small business loans and investments.

BeforeEach anycontract Stateproviding loanfor maya beState madeloan toshall anycontain persona ordisclosure renewedsetting (andforth beforethe repaymentnames ofHB0040 anyEngrossed part-2- ofLRB093 a02366 StateACG loan02374 mayb be forgiven or renegotiated), the names and addresses of each designated individual of the person mustreceiving bethe disclosedloan. and made public.

-2-The LRB093contract 02366must ACGstate 02374that bthis Sectiondisclosure 15.is a public record and is not subject to any exemptions or exceptions under the Freedom of Information Act.

A State agency making, renegotiating, or renewing a State loan shall maintain a publicly-available record of the names and addresses of each person and each designated individual of the person receiving, renegotiating, or renewing a State loan.

Section 15.

SectionThe 25.person and each designated individual of the person receiving a State loan must certify to the State agency that he or she is not delinquent in the payment of any debt to the State.

DisclosureThe ofcontract contributions.must provide that the contract may be declared void if the certification is false or the contractor later becomes delinquent and has not entered into a deferred payment plan to pay off the debt.

No State loan may be made or renewed, nor may repayment of any part of a State loan be forgiven or renegotiated, unless each designated individual of the person with which the State loan, renewal, forgiveness, or renegotiation is proposed to be made has publicly disclosed all contributions made by the designated individual in the past 5 years.

As used in this Act, "contribution" includes any contribution as defined in Section 9-1.4 of the Election Code and any contribution to a political committee.

As used in this Act, "political committee" means the same as in Section 9-1.9 of the Election Code.

The Attorney General shall investigate the circumstances of the HB0040 Engrossed -3- LRB093 02366 ACG 02374 b default.

Unless the Attorney General determines that the loan is uncollectible, the Attorney General shall take appropriate action to collect any amount owing to the State -3- LRB093 02366 ACG 02374 b and enforce the State's rights under the loan agreement.

Any renegotiation or forgiveness of a State Loan resulting in acceptance of an offer in compromise for an amount less than the total amount due and owing on the loan shall require the approval of the Attorney General and must be in compliance with the provisions of the Uncollected State Claims Act and the Illinois State Collection Act of 1986 regarding the reporting and recording of debt collections and the writing off of debts.

(a) When any State agency is unable to collect any claim or account receivable of $1,000 or more due the HB0040 Engrossed -4- LRB093 02366 ACG 02374 b agency after having pursued the procedure prescribed by law or applicable rules and regulations for the collection thereof or, if no procedure is so prescribed, then after having undertaken all reasonable and appropriate procedures available to the agency to effectuate collection, the State agency shall request the Attorney General to certify the -4- LRB093 02366 ACG 02374 b claim or account receivable to be uncollectible.

(e) A State agency participating in a federal student loan program may remove student loans from its records by assigning or referring such student loans to the federal HB0040 Engrossed -5- LRB093 02366 ACG 02374 b government for collection pursuant to the procedures prescribed by federal laws and regulations.

(2) may not properly be -5- LRB093 02366 ACG 02374 b charged against a current appropriation;

(1) the total number and dollar amount of debts HB0040 Engrossed -6- LRB093 02366 ACG 02374 b referred to him for collection in the preceding calendar year;

(k) Each State agency shall report in its annual report the total amount and the number of claims due and payable to -6- LRB093 02366 ACG 02374 b the State.

(1)(l) The provisions of Section 2505-250 of the Department of Revenue Law (20 ILCS 2505/2505-250) take precedence over the provisions of this Section.

_l______________________o_____________________t______________m_______________________o____________________r_____________ _______t____________________a_____________________m__________________t______________________c_____________________u_____________ _____r______________________r_____________________n__________________o_____________________w_______________________r____________ _____b_____________________e______________________.______v_____________________y______________________m_____________ _____t_____________________l______________________u_____________ _____A____ (Source:

(3) standards by which State agencies' claims may be HB0040 Engrossed -7- LRB093 02366 ACG 02374 b entered and removed from the Comptroller's Offset System authorized by Section 10.05 of the State Comptroller Act;

(b) State agencies shall report to the Comptroller information concerning their accounts receivable and -7- LRB093 02366 ACG 02374 b uncollectible claims in accordance with the rules of the Comptroller, which may provide for summary reporting.

_e______________________o_____________________t______________e_______________________o____________________r_____________ _______t____________________a_____________________m__________________t______________________c_____________________u_____________ _____r______________________r_____________________n__________________o_____________________w_______________________r____________ _____b_____________________e______________________.______v_____________________y______________________m_____________ _____t_____________________l______________________u_____________ _____A____ (Source: