Judiciary I - Civil Law Committee
Adopted in House Comm. on Feb 10, 2004
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1 | AMENDMENT TO HOUSE BILL 4106
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2 | AMENDMENT NO. ______. Amend House Bill 4106 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | changing Section 911.3 as follows:
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2 | (35 ILCS 5/911.3)
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3 | Sec. 911.3. Refunds withheld; order of honoring requests. | ||||||
4 | The Department shall honor refund withholding requests in the | ||||||
5 | following order:
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6 | (1) a refund withholding request to collect an unpaid | ||||||
7 | State tax;
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8 | (2) a refund withholding request to collect certified | ||||||
9 | past due child
support amounts under Section 2505-650 of | ||||||
10 | the Department of Revenue Law of the
Civil
Administrative | ||||||
11 | Code of Illinois;
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12 | (3) a refund withholding request to collect any debt | ||||||
13 | owed to the State;
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14 | (4) a refund withholding request made by the Secretary | ||||||
15 | of the Treasury of
the United States, or his or her | ||||||
16 | delegate, to collect any tax liability arising
from Title | ||||||
17 | 26 of the United States Code; and
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18 | (5) a refund withholding request pursuant to Section | ||||||
19 | 911.2 of this Act ; and .
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20 | (6) a refund withholding request to collect certified | ||||||
21 | past due fees owed to the Clerk of the Circuit Court as | ||||||
22 | authorized under Section 2505-655 of the Department of | ||||||
23 | Revenue Law of the Civil Administrative Code of Illinois.
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24 | (Source: P.A. 92-826, eff. 8-21-02.)
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25 | Section 15. The Clerks of Courts Act is amended by changing | ||||||
26 | Section 27.3b and by adding Section 27.2b as follows: | ||||||
27 | (705 ILCS 105/27.2b new)
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28 | Sec. 27.2b. State income tax refund
intercept. The Clerk of | ||||||
29 | the Circuit Court may enter
into an agreement with the Illinois | ||||||
30 | Department of Revenue to establish
a pilot program for the | ||||||
31 | purpose of collecting certain fees. The
purpose shall be to |
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1 | intercept, in whole or in part, State
income tax refunds due | ||||||
2 | the persons who
owe past due fees to the Clerk of the Circuit | ||||||
3 | Court in order to satisfy unpaid fees pursuant to the
fee | ||||||
4 | requirements of Sections 27.1a, 27.2, and 27.2a of
this Act. | ||||||
5 | The agreement shall include, but may not be limited to, a | ||||||
6 | certification by the Clerk of the Circuit Court that the debt | ||||||
7 | claims forwarded to the Department of Revenue are valid and | ||||||
8 | that reasonable efforts have been made to notify persons of the | ||||||
9 | delinquency of the debt. The agreement shall include provisions | ||||||
10 | for payment of the intercept by the Department of Revenue to | ||||||
11 | the Clerk of the Circuit Court and procedures for an | ||||||
12 | appeal/protest by the debtor when an intercept occurs. The | ||||||
13 | agreement may also include provisions to allow the Department | ||||||
14 | of Revenue to recover its cost for administering the program. | ||||||
15 | Intercepts made pursuant to this Section shall not | ||||||
16 | interfere with the collection of debts related to child | ||||||
17 | support. During the collection of debts under this Section, | ||||||
18 | when there are 2 or more debt claims certified to the | ||||||
19 | Department at the same time, priority of collection shall be as | ||||||
20 | provided in Section 911.3 of the Illinois Income Tax Act.
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21 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
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22 | Sec. 27.3b. The clerk of court may accept payment of fines, | ||||||
23 | penalties,
or costs
by credit card
or debit card
approved by | ||||||
24 | the clerk from an offender who has been
convicted of or placed | ||||||
25 | on court supervision for a traffic
offense, petty offense, | ||||||
26 | ordinance offense, or misdemeanor or who has been
convicted of | ||||||
27 | a felony offense. The clerk of the circuit court may accept
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28 | credit card payments over the Internet for fines, penalties, or | ||||||
29 | costs from
offenders on voluntary electronic pleas of guilty in | ||||||
30 | minor traffic and
conservation offenses to satisfy the | ||||||
31 | requirement of written pleas of guilty as
provided in Illinois | ||||||
32 | Supreme Court Rule 529. The clerk of the court may also
accept
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33 | payment of statutory fees by a credit card or debit card.
The |
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1 | clerk of the court may
also accept the credit card
or debit | ||||||
2 | card
for the cash deposit of bail bond fees up to
$300.
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3 | The Clerk of the circuit court is authorized to enter into | ||||||
4 | contracts
with credit card
or debit card
companies approved by | ||||||
5 | the clerk and to negotiate the payment of convenience
and | ||||||
6 | administrative fees
to pay those companies
fees normally | ||||||
7 | charged by those companies for allowing the clerk of the | ||||||
8 | circuit
court to accept their credit cards
or debit cards
in | ||||||
9 | payment as authorized herein. The clerk of the circuit court is | ||||||
10 | authorized
to enter into contracts with third party fund | ||||||
11 | guarantors, facilitators, and
service providers under which | ||||||
12 | those entities may contract directly with
customers of
the | ||||||
13 | clerk of the circuit court and guarantee and remit the payments | ||||||
14 | to the
clerk of the circuit court. Where the
offender pays | ||||||
15 | fines, penalties, or costs by credit card or debit card or | ||||||
16 | through a third party fund guarantor, facilitator, or service
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17 | provider ,
or anyone paying
statutory fees of
the circuit court | ||||||
18 | clerk or the posting of cash bail, the clerk shall
collect a | ||||||
19 | service fee of up to $5 or the amount charged to the clerk for | ||||||
20 | use of
its services by
the credit card or debit card issuer , | ||||||
21 | third party fund guarantor,
facilitator, or service provider . | ||||||
22 | This service fee shall be
in addition to any other fines, | ||||||
23 | penalties, or
costs. The clerk of the circuit court is | ||||||
24 | authorized to negotiate the
assessment of convenience and | ||||||
25 | administrative fees by the third party fund
guarantors, | ||||||
26 | facilitators, and service providers with the revenue earned by | ||||||
27 | the
clerk of the circuit court to be remitted
to the
county | ||||||
28 | general revenue fund.
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29 | (Source: P.A. 93-391, eff. 1-1-04.)
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30 | Section 20. The Illinois Marriage and Dissolution of | ||||||
31 | Marriage Act is amended by changing Section 706.3 as follows:
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32 | (750 ILCS 5/706.3)
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1 | Sec. 706.3. Information concerning obligors.
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2 | (a) In this Section:
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3 | "Arrearage", "delinquency", "obligor", and "order for | ||||||
4 | support" have the
meanings attributed to those terms in the | ||||||
5 | Income Withholding for Support Act.
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6 | "Consumer reporting agency" has the meaning attributed to | ||||||
7 | that term in
Section 603(f) of the Fair Credit Reporting Act, | ||||||
8 | 15 U.S.C. 1681a(f).
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9 | (b) Whenever a court of competent jurisdiction finds that | ||||||
10 | an obligor either
owes an arrearage of more than $10,000 ,
or is | ||||||
11 | delinquent in payment of an amount
equal to at least 3 months' | ||||||
12 | support obligation pursuant to an order for
support, or fails | ||||||
13 | to pay the child support annual fee for a period of 3 years,
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14 | the court shall direct the clerk of the court to make | ||||||
15 | information
concerning the obligor available to consumer | ||||||
16 | reporting agencies.
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17 | (c) Whenever a court of competent jurisdiction finds that | ||||||
18 | an obligor either
owes an arrearage of more than $10,000 or is | ||||||
19 | delinquent in payment of an amount
equal to at least 3 months' | ||||||
20 | support obligation pursuant to an order for
support, the court | ||||||
21 | shall direct the clerk of the court to cause the obligor's
name | ||||||
22 | and address to be published in a newspaper of general | ||||||
23 | circulation in the
area in which the obligor resides. The clerk | ||||||
24 | shall cause the obligor's name
and address to be published only | ||||||
25 | after sending to the obligor at the obligor's
last known | ||||||
26 | address, by certified mail, return receipt requested, a notice | ||||||
27 | of
intent to publish the information. This subsection (c) | ||||||
28 | applies only if the
obligor resides in the county in which the | ||||||
29 | clerk of the court holds office.
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30 | (Source: P.A. 90-466, eff. 1-1-98; 90-673, eff. 1-1-99.)".
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