Bill Text: NJ SCR100 | 2010-2011 | Regular Session | Introduced
Bill Title: Memorializes Congress to adopt federal legislation to intercept federal income tax refunds to pay overdue State court-ordered restitution, fines, fees, penalties, and surcharges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-13 - Introduced in the Senate, Referred to Senate Judiciary Committee [SCR100 Detail]
Download: New_Jersey-2010-SCR100-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Memorializes Congress to adopt federal legislation to intercept federal income tax refunds to pay overdue State court-ordered restitution, fines, fees, penalties, and surcharges.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution memorializing the United States Congress to adopt legislation to enable the states to intercept federal tax refunds for payment of obligations under legally enforceable court orders.
Whereas, The Conference of Chief Justices and the Conference of State Court Administrators recognize that allowing court-ordered restitution, fines, fees, penalties, and surcharges to be ignored diminishes public respect for the rule of law and that it is in the interest of the courts that their orders be honored; and
Whereas, Significant amounts of court-imposed restitution, fines, fees, penalties, and surcharges are not paid; and
Whereas, The United States Treasury Offset Program allows for the federal income tax refund interception of federal tax debt, Temporary Assistance to Needy Families (TANF) child support debt, federal agency nontax debt, non-TANF child support debt and state tax debt (other than child support); and
Whereas, The New Jersey Set-Off of Individual Liability Program established in 1981 assists other New Jersey State, county and local agencies, and the Internal Revenue Service, in their collection efforts by intercepting New Jersey gross income tax refunds or Homestead Rebates or both of taxpayers who are indebted to participating agencies; and
Whereas, Collection of court-imposed obligations through a tax refund intercept would be among the most accurate, least intrusive and least burdensome methods to satisfy these debts; and
Whereas, Proposals introduced in Congress such as H.R. 1956 of the 111th Congress, the Crime Victim Restitution and Court Fee Intercept Act, would add a federal tax refund intercept for unpaid state court-ordered obligations only after satisfaction of state obligations already in the federal law, so that state programs would continue intercepting federal refunds at their current levels; and
Whereas, Providing federal authorization to intercept federal tax refunds to pay overdue state court-ordered financial obligations will increase the enforcement of court orders, and by doing so will increase the collections of court-ordered restitution, fines, fees, penalties, and surcharges, thereby contributing positively to public trust and confidence in our legal system; and
Whereas, Authorizing these intercepts would not affect the federal budget, because it would authorize intercepts on refunds that would otherwise be returned to individuals who owe these obligations; and
Whereas, The increased collection of court-ordered restitution, fines, fees, penalties, and surcharges, will benefit the victims of crime and of consumer fraud, the State of New Jersey, programs such as the mission of the Victims of Crime Compensation Office, and court operations and security, all of which are particularly important during these extraordinarily challenging economic times; and
Whereas, Such federal legislation has received support from a broad-based coalition of public interest groups such as the National Association for Court Management, National Association of Counties, Mothers Against Drunk Driving, Government Finance Officers Association, National Center for Victims of Crime and the American Probation and Parole Association; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The New Jersey Legislature memorializes the United States Congress to adopt legislation to enable the states to intercept federal tax refunds for payment of obligations under legally enforceable court orders.
2. Duly authenticated copies of this concurrent resolution signed by the President of the Senate and the Speaker of the General Assembly, and attested to by the Secretary of the Senate and the Clerk of the General Assembly, shall be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Majority and Minority leaders of the United States Senate and House of Representatives, and each member of Congress elected from this State.
STATEMENT
This concurrent resolution memorializes Congress to adopt legislation to enable the states, through the United States Treasury's Offset Program, to intercept federal tax refunds for payment of obligations under legally enforceable State court orders for restitution, fines, fees, penalties, and surcharges.
Proposals introduced in Congress such as H.R. 1956 of the 111th Congress, the Crime Victim Restitution and Court Fee Intercept Act, would add a federal tax refund intercept for unpaid state court-ordered obligations only after satisfaction of state obligations already in the federal law, so that state programs would continue intercepting federal refunds at their current levels. Collection of court-imposed obligations through a tax refund intercept would be among the most accurate, least intrusive and least burdensome methods to satisfy these debts.
