Full Text of HB4106 93rd General Assembly
HB4106enr 93RD GENERAL ASSEMBLY
|
|
|
HB4106 Enrolled |
|
LRB093 18769 AMC 44500 b |
|
| 1 |
| AN ACT concerning fees.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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)
| 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:
| 25 |
| (35 ILCS 5/911.3)
| 26 |
| Sec. 911.3. Refunds withheld; order of honoring requests. | 27 |
| The Department shall honor refund withholding requests in the | 28 |
| following order:
| 29 |
| (1) a refund withholding request to collect an unpaid | 30 |
| State tax;
|
|
|
|
HB4106 Enrolled |
- 2 - |
LRB093 18769 AMC 44500 b |
|
| 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;
| 5 |
| (3) a refund withholding request to collect any debt | 6 |
| owed to the State;
| 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
| 11 |
| (5) a refund withholding request pursuant to Section | 12 |
| 911.2 of this Act ; and .
| 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.
| 17 |
| (Source: P.A. 92-826, eff. 8-21-02.)
| 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)
| 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 |
|
|
|
HB4106 Enrolled |
- 3 - |
LRB093 18769 AMC 44500 b |
|
| 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.
| 11 |
| (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
| 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
| 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
| 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.
| 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 |
|
|
|
HB4106 Enrolled |
- 4 - |
LRB093 18769 AMC 44500 b |
|
| 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
| 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.
| 17 |
| (Source: P.A. 93-391, eff. 1-1-04.)
| 18 |
| Section 20. The Illinois Marriage and Dissolution of | 19 |
| Marriage Act is amended by changing Section 706.3 as follows:
| 20 |
| (750 ILCS 5/706.3)
| 21 |
| Sec. 706.3. Information concerning obligors.
| 22 |
| (a) In this Section:
| 23 |
| "Arrearage", "delinquency", "obligor", and "order for | 24 |
| support" have the
meanings attributed to those terms in the | 25 |
| Income Withholding for Support Act.
| 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).
| 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,
| 34 |
| the court shall direct the clerk of the court to make |
|
|
|
HB4106 Enrolled |
- 5 - |
LRB093 18769 AMC 44500 b |
|
| 1 |
| information
concerning the obligor available to consumer | 2 |
| reporting agencies.
| 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.
| 16 |
| (Source: P.A. 90-466, eff. 1-1-98; 90-673, eff. 1-1-99.)
|
|