91st General Assembly
Summary of HB1434
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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 
                                                                               



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