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| Public Act 093-0836 |
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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 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)
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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:
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(35 ILCS 5/911.3)
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Sec. 911.3. Refunds withheld; order of honoring requests. | ||||
The Department shall honor refund withholding requests in the | ||||
following order:
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(1) a refund withholding request to collect an unpaid | ||||
State tax;
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(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;
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(3) a refund withholding request to collect any debt | ||
owed to the State;
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(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
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(5) a refund withholding request pursuant to Section | ||
911.2 of this Act; and .
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(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.
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(Source: P.A. 92-826, eff. 8-21-02.)
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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)
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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.
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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, | ||
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
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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
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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.
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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
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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.
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(Source: P.A. 93-391, eff. 1-1-04.)
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Section 20. The Illinois Marriage and Dissolution of | ||
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 | ||
support" have the
meanings attributed to those terms in the | ||
Income Withholding for Support Act.
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"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).
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(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,
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the court shall direct the clerk of the court to make | ||
information
concerning the obligor available to consumer | ||
reporting agencies.
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(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.
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(Source: P.A. 90-466, eff. 1-1-98; 90-673, eff. 1-1-99.)
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