Full Text of HB4106 93rd General Assembly
HB4106 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4106
Introduced 1/15/2004, by Richard T. Bradley SYNOPSIS AS INTRODUCED: |
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705 ILCS 105/27.2b new |
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705 ILCS 105/27.3b |
from Ch. 25, par. 27.3b |
750 ILCS 5/706.3 |
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Amends the Clerks of Courts Act. Provides that the Illinois Department of Revenue may enter into an
agreement with the clerk of the circuit court 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 owed to the Clerk of the Circuit Court, due the persons who
owe fees in
order to satisfy unpaid fees owed the circuit court clerks. Provides that the
agreement shall include procedures for an appeal/protest by the debtor when an
intercept occurs. Allows the circuit court clerk to enter into contracts with third parties guaranteeing the payment of fees by offenders. Authorizes the clerk to negotiate the payment and assessment of convenience and administrative fees by the third parties.
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the court shall direct the clerk of the court to make information concerning an obligor, who fails to pay the child support annual fee for a period of 3 years, available to consumer reporting agencies.
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A BILL FOR
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HB4106 |
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LRB093 18769 AMC 44500 b |
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| AN ACT concerning fees.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Clerks of Courts Act is amended by changing | 5 |
| Section 27.3b and by adding Section 27.2b as follows: | 6 |
| (705 ILCS 105/27.2b new)
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| Sec. 27.2b. State income tax refund
intercept. The Illinois | 8 |
| Department of Revenue may enter
into an agreement with the | 9 |
| Clerk of the Circuit Court to establish
a pilot program for the | 10 |
| purpose of collecting certain fees. The
purpose shall be to | 11 |
| intercept, in whole or in part, State
income tax refunds owed | 12 |
| to the Clerk of the Circuit Court, due the persons who
owe fees | 13 |
| in order to satisfy unpaid fees pursuant to the
fee | 14 |
| requirements of Sections 27.1a, 27.2, and 27.2a of
this Act. | 15 |
| The collection shall not interfere with the
collection of debts | 16 |
| related to child support. During the collection of debt
under | 17 |
| this
Section, when there may be 2 or more debt claims at the | 18 |
| same time, collection
on the State debt shall take priority. | 19 |
| Such agreement may include, but shall
not be limited to, a | 20 |
| verification by the Clerk of the Circuit Court that the
debt | 21 |
| claims forwarded to the Department of Revenue are valid and | 22 |
| efforts have
been exhausted to notify persons of the | 23 |
| delinquency of debt payment to the
Clerk of the Circuit Court. | 24 |
| The agreement shall include procedures for an
appeal/protest by | 25 |
| the debtor when an intercept occurs.
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| (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
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| Sec. 27.3b. The clerk of court may accept payment of fines, | 28 |
| penalties,
or costs
by credit card
or debit card
approved by | 29 |
| the clerk from an offender who has been
convicted of or placed | 30 |
| on court supervision for a traffic
offense, petty offense, | 31 |
| ordinance offense, or misdemeanor or who has been
convicted of |
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HB4106 |
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LRB093 18769 AMC 44500 b |
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| a felony offense. The clerk of the circuit court may accept
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| credit card payments over the Internet for fines, penalties, or | 3 |
| costs from
offenders on voluntary electronic pleas of guilty in | 4 |
| minor traffic and
conservation offenses to satisfy the | 5 |
| requirement of written pleas of guilty as
provided in Illinois | 6 |
| Supreme Court Rule 529. The clerk of the court may also
accept
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| payment of statutory fees by a credit card or debit card.
The | 8 |
| clerk of the court may
also accept the credit card
or debit | 9 |
| card
for the cash deposit of bail bond fees up to
$300.
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| The Clerk of the circuit court is authorized to enter into | 11 |
| contracts
with credit card
or debit card
companies approved by | 12 |
| the clerk and to negotiate the payment of convenience
and | 13 |
| administrative fees
to pay those companies
fees normally | 14 |
| charged by those companies for allowing the clerk of the | 15 |
| circuit
court to accept their credit cards
or debit cards
in | 16 |
| payment as authorized herein. The clerk of the circuit court is | 17 |
| authorized
to enter into contracts with third party fund | 18 |
| guarantors, facilitators, and
service providers under which | 19 |
| those entities may contract directly with
customers of
the | 20 |
| clerk of the circuit court and guarantee and remit the payments | 21 |
| to the
clerk of the circuit court. Where the
offender pays | 22 |
| fines, penalties, or costs by credit card or debit card or | 23 |
| through a third party fund guarantor, facilitator, or service
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| provider ,
or anyone paying
statutory fees of
the circuit court | 25 |
| clerk or the posting of cash bail, the clerk shall
collect a | 26 |
| service fee of up to $5 or the amount charged to the clerk for | 27 |
| use of
its services by
the credit card or debit card issuer , | 28 |
| third party fund guarantor,
facilitator, or service provider . | 29 |
| This service fee shall be
in addition to any other fines, | 30 |
| penalties, or
costs. The clerk of the circuit court is | 31 |
| authorized to negotiate the
assessment of convenience and | 32 |
| administrative fees by the third party fund
guarantors, | 33 |
| facilitators, and service providers with the revenue earned by | 34 |
| the
clerk of the circuit court to be remitted
to the
county | 35 |
| general revenue fund.
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| (Source: P.A. 93-391, eff. 1-1-04.)
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HB4106 |
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LRB093 18769 AMC 44500 b |
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| Section 10. The Illinois Marriage and Dissolution of | 2 |
| Marriage Act is amended by changing Section 706.3 as follows:
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| (750 ILCS 5/706.3)
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| Sec. 706.3. Information concerning obligors.
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| (a) In this Section:
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| "Arrearage", "delinquency", "obligor", and "order for | 7 |
| support" have the
meanings attributed to those terms in the | 8 |
| Income Withholding for Support Act.
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| "Consumer reporting agency" has the meaning attributed to | 10 |
| that term in
Section 603(f) of the Fair Credit Reporting Act, | 11 |
| 15 U.S.C. 1681a(f).
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| (b) Whenever a court of competent jurisdiction finds that | 13 |
| an obligor either
owes an arrearage of more than $10,000 ,
or is | 14 |
| delinquent in payment of an amount
equal to at least 3 months' | 15 |
| support obligation pursuant to an order for
support, or fails | 16 |
| to pay the child support annual fee for a period of 3 years,
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| the court shall direct the clerk of the court to make | 18 |
| information
concerning the obligor available to consumer | 19 |
| reporting agencies.
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| (c) Whenever a court of competent jurisdiction finds that | 21 |
| an obligor either
owes an arrearage of more than $10,000 or is | 22 |
| delinquent in payment of an amount
equal to at least 3 months' | 23 |
| support obligation pursuant to an order for
support, the court | 24 |
| shall direct the clerk of the court to cause the obligor's
name | 25 |
| and address to be published in a newspaper of general | 26 |
| circulation in the
area in which the obligor resides. The clerk | 27 |
| shall cause the obligor's name
and address to be published only | 28 |
| after sending to the obligor at the obligor's
last known | 29 |
| address, by certified mail, return receipt requested, a notice | 30 |
| of
intent to publish the information. This subsection (c) | 31 |
| applies only if the
obligor resides in the county in which the | 32 |
| clerk of the court holds office.
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| (Source: P.A. 90-466, eff. 1-1-98; 90-673, eff. 1-1-99.)
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