093_SB1126eng SB1126 Engrossed LRB093 04227 LCB 11206 b 1 AN ACT concerning clerks of courts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Clerks of Courts Act is amended by 5 changing Section 27.3b and adding Section 27.2b as follows: 6 (705 ILCS 105/27.2b new) 7 Sec. 27.2b. State income tax refund or other payment 8 intercept. The Illinois Department of Revenue may provide by 9 rule for certification to the Comptroller of unpaid court 10 fees and costs owed under an order entered by a court. The 11 purpose of the certification shall be to intercept State 12 income tax refunds and other payments due the persons who owe 13 fees or costs in order to satisfy unpaid fees and costs 14 pursuant to the fee requirements of Sections 27.1, 27.1a, 15 27.2, and 27.2a of this Act. The rules shall provide for 16 notice to and an opportunity to be heard by a person who owes 17 fees or costs. 18 (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b) 19 Sec. 27.3b. The clerk of court may accept payment of 20 fines, penalties, or costs by credit card or debit card 21 approved by the clerk from an offender who has been convicted 22 of or placed on court supervision for a traffic offense, 23 petty offense, ordinance offense, or misdemeanor or who has 24 been convicted of a felony offense. The clerk of the court 25 may also accept payment of statutory fees by a credit card or 26 debit card. The clerk of the court may also accept the 27 credit card or debit card for the cash deposit of bail bond 28 fees up to $300. 29 The clerk of the circuit court is authorized to enter 30 into contracts with credit card or debit card companies SB1126 Engrossed -2- LRB093 04227 LCB 11206 b 1 approved by the clerk and to negotiate the payment of 2 convenience and administrative feespay those companies fees3 normally charged by those companies for allowing the clerk of 4 the circuit court to accept their credit cards or debit cards 5 in payment as authorized herein. The clerk of the circuit 6 court is authorized to enter into contracts with third party 7 fund guarantors, facilitators, and service providers under 8 which those entities may contract directly with customers of 9 the clerk of the circuit court and guarantee and remit the 10 payments to the clerk of the circuit court. Where the 11 offender pays fines, penalties, or costs by credit card or 12 debit card or through a third party fund guarantor, 13 facilitator, or service provider, or anyone paying statutory 14 fees of the circuit court clerk or the posting of cash bail, 15 the clerk shall collect a service fee of up to $5 or the 16 amount charged to the clerk for use of its services by the 17 credit card or debit card issuer, third party fund guarantor, 18 facilitator, or service provider. This service fee shall be 19 in addition to any other fines, penalties, or costs. The 20 clerk of the circuit court is authorized to negotiate the 21 assessment of convenience and administrative fees by the 22 third party fund guarantors, facilitators, and service 23 providers with the revenue earned by the clerk of the circuit 24 court to be remitted to the county general revenue fund. 25 (Source: P.A. 91-733, eff. 1-1-01.)