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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5485 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
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| 735 ILCS 5/12-803 | from Ch. 110, par. 12-803 |
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Amends the Code of Civil Procedure. Provides that the wages,
salary, commissions, and bonuses subject to collection under a deduction
order, for any work week, shall be the lesser of: (1) 10% (currently 15%) of such
gross amount paid for that week; or (2) the amount by which disposable
earnings for a week exceed 60 (currently 45) times the statutory minimum wage in effect at the time the amounts are payable. Provides that "deduction from those earnings" includes, but is not limited to, deductions for health insurance, deductions for transportation, and pre-tax flexible spending deductions. Effective immediately.
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| | A BILL FOR |
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| | HB5485 | | LRB100 20524 HEP 35909 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 12-803 as follows:
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| 6 | | (735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
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| 7 | | Sec. 12-803. Wages subject to collection. |
| 8 | | (a) The wages,
salary, commissions, and bonuses subject to |
| 9 | | collection under a deduction
order, for any work week, shall be |
| 10 | | the lesser of: |
| 11 | | (1) 10% lesser of (1) 15% of such
gross amount paid for |
| 12 | | that week; or |
| 13 | | (2) the amount by which disposable
earnings for a week |
| 14 | | exceed 60 45 times the Federal Minimum Hourly Wage
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| 15 | | prescribed by Section 206(a)(1) of Title 29 of the United |
| 16 | | States Code, as
amended, or, under a wage deduction summons |
| 17 | | served on or after January 1, 2006, the minimum hourly wage |
| 18 | | prescribed by Section 4 of the Minimum Wage Law, whichever |
| 19 | | is greater, in effect at the time the amounts are payable. |
| 20 | | (b) This Section provision
(and no other) applies |
| 21 | | irrespective of the place where the compensation was
earned or |
| 22 | | payable and the State where the employee resides. No amounts
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| 23 | | required by law to be withheld may be taken from the amount |