House Sponsors: LANG-SCULLY-LYONS,JOSEPH-MCGUIRE-FRANKS. Short description: TX COLLECTION-CONFIDENTIALITY Synopsis of Bill as introduced: Amends the Tax Collection Suit Act to provide that in addition to any other authorized methods used to collect delinquent taxes, the Department of Revenue may contract with private collection entities, make public any personal information collected by the Department, or implement other methods of collection deemed necessary by the Department. Provides that before the Department takes measures that make public any personal information, it must give a 30-day written notice to the delinquent party. Provides that if the delinquent party remedies the delinquency, the Department shall keep the information confidential. Amends the Illinois Income Tax Act, the Retailers' Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Property Tax Code, the Illinois Estate and Generation-Skipping Transfer Tax Act, the Messages Tax Act, the Gas Revenue Tax Act, the Public Utilities Revenue Act, the Water Company Invested Capital Tax Act, and the Telecommunications Excise Tax Act to make an exception to the confidentiality provisions of those Acts. Effective January 1, 2000. FISCAL NOTE (Department of Revenue) HB 1434 may actually slow the collection process, creating an indeterminable fiscal impact to the state. HOUSE AMENDMENT NO. 1. Adds reference to: 30 ILCS 105/5.490 new 30 ILCS 205/2 from Ch. 15, par. 102 30 ILCS 210/2 from Ch. 15, par. 152 30 ILCS 210/4 from Ch. 15, par. 154 30 ILCS 210/5 from Ch. 15, par. 155 30 ILCS 210/6 from Ch. 15, par. 156 30 ILCS 210/7 from Ch. 15, par. 157 30 ILCS 210/8 from Ch. 15, par. 158 30 ILCS 210/10 new 305 ILCS 5/10-10.4 new 750 ILCS 5/505.3 new 750 ILCS 5/714 new 750 ILCS 5/715 new 750 ILCS 15/12.2 new 750 ILCS 20/24.2 new 750 ILCS 22/318 750 ILCS 45/15.3 new Deletes everything. Reinstates the provisions of the bill. Creates the State Loan Act to provide that the name of the person loaned State money must be made public. Amends the State Finance Act and the Illinois State Collection Act of 1986. Requires that the Auditor General establish a Debt Collection Unit for the collection of overdue debts owed to the State. Beginning July 1, 2000, requires State agencies other than universities to determine the uncollectibility of debts using rules adopted by the Auditor General and to turn over to the Debt Collection Unit debts more than 90 days overdue. Authorizes the Auditor General to contract with private collection entities to pursue debts determined to be uncollectible. Requires the Auditor General to report semi-annually to the General Assembly and State Comptroller upon debts owed to the State and upon collection efforts. Abolishes in 2000 the Debt Collection Board, the Comptroller's use of special account receivable funds, and the use of private collection services by individual State agencies. Amends the Tax Collection Suit Act to provide that in addition to any other authorized methods used to collect delinquent taxes, the Department of Revenue may contract with private collection entities, make public any personal information collected by the Department, or implement other methods of collection deemed necessary by the Department. Provides that before the Department takes measures that make public any personal information, it must give a 30-day written notice by certified mail to the delinquent party. Amends the Illinois Income Tax Act, the Retailers' Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Property Tax Code, the Illinois Estate and Generation-Skipping Transfer Tax Act, the Messages Tax Act, the Gas Revenue Tax Act, the Public Utilities Revenue Act, the Water Company Invested Capital Tax Act, and the Telecommunications Excise Tax Act to make an exception to the confidentiality provisions of those Acts. Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Revised Uniform Reciprocal Enforcement of Support Act, and the Illinois Parentage Act of 1984. Provides that for the purposes of enforcement of a child support order a transfer made by a child support obligor is fraudulent as to an obligee if the obligor made the transfer with the intent to defraud the obligee or without receiving equivalent value for the transfer. Amends the Illinois Marriage and Dissolution of Marriage Act by providing that a person who willfully defaults on an order for child support may be subject to summary criminal contempt proceedings. Amends the Uniform Interstate Family Support Act. Provides that, upon request by a tribunal of another state, a tribunal of this State shall issue or cause to be issued a subpoena or a subpoena duces tecum requiring a person in this State to appear at a deposition or before a tribunal and answer questions or produce documents or other tangible things for the purpose of obtaining information regarding the person's assets, income, and ability to pay a support order or judgment entered in the other state. Effective immediately. HOUSE AMENDMENT NO. 2. Deletes reference to: 35 ILCS 5/917 35 ILCS 120/11 35 ILCS 130/10b 35 ILCS 135/20 35 ILCS 200/15-172 35 ILCS 405/6 35 ILCS 610/11 35 ILCS 615/11 35 ILCS 620/11 35 ILCS 625/11 35 ILCS 630/15 35 ILCS 705/2.5 new Adds reference to: 20 ILCS 2515/2.4 new Exempts the Department of Revenue from the provisions of the State Loan Act. Amends the Illinois Department of Revenue Sunshine Act to repeat the Department's power to make public a list of delinquent taxpayers. Deletes the amendatory provisions from the Tax Collection Suit Act enabling the Department to contract with private collection entities or make public personal information. Deletes the amendatory exception to the confidentiality requirements in the Illinois Income Tax Act, Retailers' Occupation Tax Act, Cigarette Tax Act, Cigarette Use Tax Act, Property Tax Code, Estate and Generation-Skipping Transfer Tax Act, Messages Tax Act, Gas Revenue Tax Act, Public Utilities Revenue Act, Water Company Invested Capital Tax Act, and Telecommunications Excise Tax Act. STATE DEBT NOTE, H-AM 1, 2 (Economic and Fiscal Commission) There will be no direct impact on the level of State indebted- ness. FISCAL NOTE, H-AM 1 (Department of Financial Institutions) Fiscal impact would be $300,727 for first year of operations. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status