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1 | AN ACT concerning fees.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Revenue Law of the Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 2505-655 as follows: | ||||||
7 | (20 ILCS 2505/2505-655 new)
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8 | Sec. 2505-655. Collection of past due circuit court fees. | ||||||
9 | Upon certification by the Clerk of the Circuit Court of the | ||||||
10 | amounts of delinquent court fees, the Department of Revenue may | ||||||
11 | collect the past due fees by intercepting the tax refund of any | ||||||
12 | person owing the fees. The Department of Revenue shall enter | ||||||
13 | into an agreement with the Clerk of the Circuit Court as | ||||||
14 | provided in Section 27.2b of the Clerks of Courts Act prior to | ||||||
15 | undertaking any collections under this Section. Any agreement | ||||||
16 | between the Department of Revenue and the Clerk of the Circuit | ||||||
17 | Court for the intercept of tax refunds shall contain provisions | ||||||
18 | for certification of debt, notification to the taxpayer of the | ||||||
19 | intercept, treatment of joint returns, and protest of the | ||||||
20 | intercept that are consistent with the requirements for a | ||||||
21 | refund withholding request under Section 911.2 of the Illinois | ||||||
22 | Income Tax Act. | ||||||
23 | Section 10. The Illinois Income Tax Act is amended by | ||||||
24 | changing Section 911.3 as follows:
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25 | (35 ILCS 5/911.3)
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26 | Sec. 911.3. Refunds withheld; order of honoring requests. | ||||||
27 | The Department shall honor refund withholding requests in the | ||||||
28 | following order:
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29 | (1) a refund withholding request to collect an unpaid | ||||||
30 | State tax;
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1 | (2) a refund withholding request to collect certified | ||||||
2 | past due child
support amounts under Section 2505-650 of | ||||||
3 | the Department of Revenue Law of the
Civil
Administrative | ||||||
4 | Code of Illinois;
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5 | (3) a refund withholding request to collect any debt | ||||||
6 | owed to the State;
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7 | (4) a refund withholding request made by the Secretary | ||||||
8 | of the Treasury of
the United States, or his or her | ||||||
9 | delegate, to collect any tax liability arising
from Title | ||||||
10 | 26 of the United States Code; and
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11 | (5) a refund withholding request pursuant to Section | ||||||
12 | 911.2 of this Act ; and .
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13 | (6) a refund withholding request to collect certified | ||||||
14 | past due fees owed to the Clerk of the Circuit Court as | ||||||
15 | authorized under Section 2505-655 of the Department of | ||||||
16 | Revenue Law of the Civil Administrative Code of Illinois.
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17 | (Source: P.A. 92-826, eff. 8-21-02.)
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18 | Section 15. The Clerks of Courts Act is amended by changing | ||||||
19 | Section 27.3b and by adding Section 27.2b as follows: | ||||||
20 | (705 ILCS 105/27.2b new)
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21 | Sec. 27.2b. State income tax refund
intercept. The Clerk of | ||||||
22 | the Circuit Court may enter
into an agreement with the Illinois | ||||||
23 | Department of Revenue to establish
a pilot program for the | ||||||
24 | purpose of collecting certain fees. The
purpose shall be to | ||||||
25 | intercept, in whole or in part, State
income tax refunds due | ||||||
26 | the persons who
owe past due fees to the Clerk of the Circuit | ||||||
27 | Court in order to satisfy unpaid fees pursuant to the
fee | ||||||
28 | requirements of Sections 27.1a, 27.2, and 27.2a of
this Act. | ||||||
29 | The agreement shall include, but may not be limited to, a | ||||||
30 | certification by the Clerk of the Circuit Court that the debt | ||||||
31 | claims forwarded to the Department of Revenue are valid and | ||||||
32 | that reasonable efforts have been made to notify persons of the | ||||||
33 | delinquency of the debt. The agreement shall include provisions | ||||||
34 | for payment of the intercept by the Department of Revenue to |
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1 | the Clerk of the Circuit Court and procedures for an | ||||||
2 | appeal/protest by the debtor when an intercept occurs. The | ||||||
3 | agreement may also include provisions to allow the Department | ||||||
4 | of Revenue to recover its cost for administering the program. | ||||||
5 | Intercepts made pursuant to this Section shall not | ||||||
6 | interfere with the collection of debts related to child | ||||||
7 | support. During the collection of debts under this Section, | ||||||
8 | when there are 2 or more debt claims certified to the | ||||||
9 | Department at the same time, priority of collection shall be as | ||||||
10 | provided in Section 911.3 of the Illinois Income Tax Act.
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11 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
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12 | Sec. 27.3b. The clerk of court may accept payment of fines, | ||||||
13 | penalties,
or costs
by credit card
or debit card
approved by | ||||||
14 | the clerk from an offender who has been
convicted of or placed | ||||||
15 | on court supervision for a traffic
offense, petty offense, | ||||||
16 | ordinance offense, or misdemeanor or who has been
convicted of | ||||||
17 | a felony offense. The clerk of the circuit court may accept
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18 | credit card payments over the Internet for fines, penalties, or | ||||||
19 | costs from
offenders on voluntary electronic pleas of guilty in | ||||||
20 | minor traffic and
conservation offenses to satisfy the | ||||||
21 | requirement of written pleas of guilty as
provided in Illinois | ||||||
22 | Supreme Court Rule 529. The clerk of the court may also
accept
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23 | payment of statutory fees by a credit card or debit card.
The | ||||||
24 | clerk of the court may
also accept the credit card
or debit | ||||||
25 | card
for the cash deposit of bail bond fees up to
$300.
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26 | The Clerk of the circuit court is authorized to enter into | ||||||
27 | contracts
with credit card
or debit card
companies approved by | ||||||
28 | the clerk and to negotiate the payment of convenience
and | ||||||
29 | administrative fees
to pay those companies
fees normally | ||||||
30 | charged by those companies for allowing the clerk of the | ||||||
31 | circuit
court to accept their credit cards
or debit cards
in | ||||||
32 | payment as authorized herein. The clerk of the circuit court is | ||||||
33 | authorized
to enter into contracts with third party fund | ||||||
34 | guarantors, facilitators, and
service providers under which | ||||||
35 | those entities may contract directly with
customers of
the |
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1 | clerk of the circuit court and guarantee and remit the payments | ||||||
2 | to the
clerk of the circuit court. Where the
offender pays | ||||||
3 | fines, penalties, or costs by credit card or debit card or | ||||||
4 | through a third party fund guarantor, facilitator, or service
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5 | provider ,
or anyone paying
statutory fees of
the circuit court | ||||||
6 | clerk or the posting of cash bail, the clerk shall
collect a | ||||||
7 | service fee of up to $5 or the amount charged to the clerk for | ||||||
8 | use of
its services by
the credit card or debit card issuer , | ||||||
9 | third party fund guarantor,
facilitator, or service provider . | ||||||
10 | This service fee shall be
in addition to any other fines, | ||||||
11 | penalties, or
costs. The clerk of the circuit court is | ||||||
12 | authorized to negotiate the
assessment of convenience and | ||||||
13 | administrative fees by the third party fund
guarantors, | ||||||
14 | facilitators, and service providers with the revenue earned by | ||||||
15 | the
clerk of the circuit court to be remitted
to the
county | ||||||
16 | general revenue fund.
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17 | (Source: P.A. 93-391, eff. 1-1-04.)
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18 | Section 20. The Illinois Marriage and Dissolution of | ||||||
19 | Marriage Act is amended by changing Section 706.3 as follows:
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20 | (750 ILCS 5/706.3)
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21 | Sec. 706.3. Information concerning obligors.
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22 | (a) In this Section:
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23 | "Arrearage", "delinquency", "obligor", and "order for | ||||||
24 | support" have the
meanings attributed to those terms in the | ||||||
25 | Income Withholding for Support Act.
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26 | "Consumer reporting agency" has the meaning attributed to | ||||||
27 | that term in
Section 603(f) of the Fair Credit Reporting Act, | ||||||
28 | 15 U.S.C. 1681a(f).
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29 | (b) Whenever a court of competent jurisdiction finds that | ||||||
30 | an obligor either
owes an arrearage of more than $10,000 ,
or is | ||||||
31 | delinquent in payment of an amount
equal to at least 3 months' | ||||||
32 | support obligation pursuant to an order for
support, or fails | ||||||
33 | to pay the child support annual fee for a period of 3 years,
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34 | the court shall direct the clerk of the court to make |
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1 | information
concerning the obligor available to consumer | ||||||
2 | reporting agencies.
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3 | (c) Whenever a court of competent jurisdiction finds that | ||||||
4 | an obligor either
owes an arrearage of more than $10,000 or is | ||||||
5 | delinquent in payment of an amount
equal to at least 3 months' | ||||||
6 | support obligation pursuant to an order for
support, the court | ||||||
7 | shall direct the clerk of the court to cause the obligor's
name | ||||||
8 | and address to be published in a newspaper of general | ||||||
9 | circulation in the
area in which the obligor resides. The clerk | ||||||
10 | shall cause the obligor's name
and address to be published only | ||||||
11 | after sending to the obligor at the obligor's
last known | ||||||
12 | address, by certified mail, return receipt requested, a notice | ||||||
13 | of
intent to publish the information. This subsection (c) | ||||||
14 | applies only if the
obligor resides in the county in which the | ||||||
15 | clerk of the court holds office.
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16 | (Source: P.A. 90-466, eff. 1-1-98; 90-673, eff. 1-1-99.)
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