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SB1126 Engrossed                     LRB093 04227 LCB 11206 b

 1        AN ACT concerning clerks of courts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Clerks  of  Courts  Act  is amended by
 5    changing Section 27.3b and adding Section 27.2b as follows:

 6        (705 ILCS 105/27.2b new)
 7        Sec. 27.2b.  State income tax  refund  or  other  payment
 8    intercept.  The Illinois Department of Revenue may provide by
 9    rule  for  certification  to  the Comptroller of unpaid court
10    fees and costs owed under an order entered by a  court.   The
11    purpose  of  the  certification  shall  be to intercept State
12    income tax refunds and other payments due the persons who owe
13    fees or costs in order  to  satisfy  unpaid  fees  and  costs
14    pursuant  to  the  fee  requirements of Sections 27.1, 27.1a,
15    27.2, and 27.2a of this Act.  The  rules  shall  provide  for
16    notice to and an opportunity to be heard by a person who owes
17    fees or costs.

18        (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
19        Sec.  27.3b.  The  clerk  of  court may accept payment of
20    fines, penalties, or costs  by  credit  card  or  debit  card
21    approved by the clerk from an offender who has been convicted
22    of  or  placed  on  court  supervision for a traffic offense,
23    petty offense, ordinance offense, or misdemeanor or  who  has
24    been  convicted  of a felony offense.  The clerk of the court
25    may also accept payment of statutory fees by a credit card or
26    debit card.  The clerk of  the  court  may  also  accept  the
27    credit  card  or debit card for the cash deposit of bail bond
28    fees up to $300.
29        The clerk of the circuit court  is  authorized  to  enter
30    into  contracts  with  credit  card  or  debit card companies
 
SB1126 Engrossed            -2-      LRB093 04227 LCB 11206 b
 1    approved by  the  clerk  and  to  negotiate  the  payment  of
 2    convenience  and administrative fees pay those companies fees
 3    normally charged by those companies for allowing the clerk of
 4    the circuit court to accept their credit cards or debit cards
 5    in payment as authorized herein. The  clerk  of  the  circuit
 6    court  is authorized to enter into contracts with third party
 7    fund guarantors, facilitators, and  service  providers  under
 8    which  those entities may contract directly with customers of
 9    the clerk of the circuit court and guarantee  and  remit  the
10    payments  to  the  clerk  of  the  circuit  court.  Where the
11    offender pays fines, penalties, or costs by  credit  card  or
12    debit   card   or  through  a  third  party  fund  guarantor,
13    facilitator, or service provider, or anyone paying  statutory
14    fees  of the circuit court clerk or the posting of cash bail,
15    the clerk shall collect a service fee of  up  to  $5  or  the
16    amount  charged  to  the clerk for use of its services by the
17    credit card or debit card issuer, third party fund guarantor,
18    facilitator, or service provider.  This service fee shall  be
19    in  addition  to  any  other  fines, penalties, or costs. The
20    clerk of the circuit court is  authorized  to  negotiate  the
21    assessment  of  convenience  and  administrative  fees by the
22    third  party  fund  guarantors,  facilitators,  and   service
23    providers with the revenue earned by the clerk of the circuit
24    court to be remitted to the county general revenue fund.
25    (Source: P.A. 91-733, eff. 1-1-01.)