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Public Act 093-0836


 

Public Act 0836 93RD GENERAL ASSEMBLY

 


 
Public Act 093-0836
 
HB4106 Enrolled LRB093 18769 AMC 44500 b

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

Effective Date: 1/1/2005