|
(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.)
|