|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning child support.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Banking Act is amended by changing | ||||||
5 | Section 48.4 as follows:
| ||||||
6 | (205 ILCS 5/48.4)
| ||||||
7 | Sec. 48.4. Enforcement of
Administrative liens for | ||||||
8 | past-due child support. | ||||||
9 | (a) Any bank
governed by this Act shall encumber or | ||||||
10 | surrender accounts or assets held by the
bank on behalf of any | ||||||
11 | responsible relative who is subject to a child support
lien, | ||||||
12 | upon notice of the lien or levy of the Illinois Department of | ||||||
13 | Public Aid
or its successor agency pursuant to Section 10-25.5 | ||||||
14 | of the Illinois Public Aid
Code, or upon notice of interstate | ||||||
15 | lien or levy from any other state's
agency
responsible for | ||||||
16 | implementing the child support enforcement program set forth in
| ||||||
17 | Title IV, Part D of the Social Security Act.
| ||||||
18 | (b) Within 90 days after receiving notice from the | ||||||
19 | Department of Public Aid that the Department has adopted a | ||||||
20 | child support enforcement debit authorization form as required | ||||||
21 | under the Illinois Public Aid Code, each bank governed by this | ||||||
22 | Act shall take all appropriate steps to implement the use of | ||||||
23 | the form in relation to accounts held by the bank. Upon | ||||||
24 | receiving from the Department of Public Aid a copy of a child | ||||||
25 | support enforcement debit authorization form signed by an | ||||||
26 | obligor, a bank holding an account on behalf of the obligor | ||||||
27 | shall debit the account and transfer the debited amounts to the | ||||||
28 | State Disbursement Unit according to the instructions in the | ||||||
29 | child support enforcement debit authorization form.
| ||||||
30 | (Source: P.A. 92-811, eff. 8-21-02.)
| ||||||
31 | Section 10. The Illinois Savings and Loan Act of 1985 is |
| |||||||
| |||||||
1 | amended by changing Section 1-6d as follows:
| ||||||
2 | (205 ILCS 105/1-6d)
| ||||||
3 | Sec. 1-6d. Enforcement of
Administrative liens for | ||||||
4 | past-due child support. | ||||||
5 | (a) Any
association governed by this Act shall encumber or | ||||||
6 | surrender accounts or assets
held by the association on behalf | ||||||
7 | of any responsible relative who is subject to
a child support | ||||||
8 | lien, upon notice of the lien or levy of the Illinois
| ||||||
9 | Department of Public Aid or its successor agency pursuant to | ||||||
10 | Section 10-25.5
of the Illinois Public Aid Code, or upon notice | ||||||
11 | of interstate lien or levy
from any
other state's agency | ||||||
12 | responsible for implementing the child support enforcement
| ||||||
13 | program set forth in Title IV, Part D of the Social Security | ||||||
14 | Act.
| ||||||
15 | (b) Within 90 days after receiving notice from the | ||||||
16 | Department of Public Aid that the Department has adopted a | ||||||
17 | child support enforcement debit authorization form as required | ||||||
18 | under the Illinois Public Aid Code, each association governed | ||||||
19 | by this Act shall take all appropriate steps to implement the | ||||||
20 | use of the form in relation to accounts held by the | ||||||
21 | association. Upon receiving from the Department of Public Aid a | ||||||
22 | copy of a child support enforcement debit authorization form | ||||||
23 | signed by an obligor, an association holding an account on | ||||||
24 | behalf of the obligor shall debit the account and transfer the | ||||||
25 | debited amounts to the State Disbursement Unit according to the | ||||||
26 | instructions in the child support enforcement debit | ||||||
27 | authorization form.
| ||||||
28 | (Source: P.A. 92-811, eff. 8-21-02.)
| ||||||
29 | Section 15. The Savings Bank Act is amended by changing | ||||||
30 | Section 7007 as follows:
| ||||||
31 | (205 ILCS 205/7007)
| ||||||
32 | Sec. 7007. Enforcement of
Administrative liens for | ||||||
33 | past-due child support. |
| |||||||
| |||||||
1 | (a) Any savings
bank governed by this Act shall encumber or | ||||||
2 | surrender accounts or assets
held by the savings bank on behalf | ||||||
3 | of any responsible relative who is subject
to
a child support | ||||||
4 | lien, upon notice of the lien or levy of the Illinois
| ||||||
5 | Department of Public Aid or its successor agency pursuant to | ||||||
6 | Section 10-25.5
of the Illinois Public Aid Code, or upon notice | ||||||
7 | of interstate lien or levy
from any
other state's agency | ||||||
8 | responsible for implementing the child support enforcement
| ||||||
9 | program set forth in Title IV, Part D of the Social Security | ||||||
10 | Act.
| ||||||
11 | (b) Within 90 days after receiving notice from the | ||||||
12 | Department of Public Aid that the Department has adopted a | ||||||
13 | child support enforcement debit authorization form as required | ||||||
14 | under the Illinois Public Aid Code, each savings bank governed | ||||||
15 | by this Act shall take all appropriate steps to implement the | ||||||
16 | use of the form in relation to accounts held by the savings | ||||||
17 | bank. Upon receiving from the Department of Public Aid a copy | ||||||
18 | of a child support enforcement debit authorization form signed | ||||||
19 | by an obligor, a savings bank holding an account on behalf of | ||||||
20 | the obligor shall debit the account and transfer the debited | ||||||
21 | amounts to the State Disbursement Unit according to the | ||||||
22 | instructions in the child support enforcement debit | ||||||
23 | authorization form.
| ||||||
24 | (Source: P.A. 92-811, eff. 8-21-02.)
| ||||||
25 | Section 20. The Illinois Credit Union Act is amended by | ||||||
26 | changing Section 43.1 as follows:
| ||||||
27 | (205 ILCS 305/43.1)
| ||||||
28 | Sec. 43.1. Enforcement of
Administrative liens for | ||||||
29 | past-due child support. | ||||||
30 | (a) Any credit
union governed by this Act shall encumber or | ||||||
31 | surrender accounts or assets
held by the credit union on behalf | ||||||
32 | of any responsible relative who is subject
to
a child support | ||||||
33 | lien, upon notice of the lien or levy of the Illinois
| ||||||
34 | Department of Public Aid or its successor agency pursuant to |
| |||||||
| |||||||
1 | Section 10-25.5
of the Illinois Public Aid Code, or upon notice | ||||||
2 | of interstate lien from any
other state's agency responsible | ||||||
3 | for implementing the child support enforcement
program set | ||||||
4 | forth in Title IV, Part D of the Social Security Act.
| ||||||
5 | (b) Within 90 days after receiving notice from the | ||||||
6 | Department of Public Aid that the Department has adopted a | ||||||
7 | child support enforcement debit authorization form as required | ||||||
8 | under the Illinois Public Aid Code, each credit union governed | ||||||
9 | by this Act shall take all appropriate steps to implement the | ||||||
10 | use of the form in relation to accounts held by the credit | ||||||
11 | union. Upon receiving from the Department of Public Aid a copy | ||||||
12 | of a child support enforcement debit authorization form signed | ||||||
13 | by an obligor, a credit union holding an account on behalf of | ||||||
14 | the obligor shall debit the account and transfer the debited | ||||||
15 | amounts to the State Disbursement Unit according to the | ||||||
16 | instructions in the child support enforcement debit | ||||||
17 | authorization form.
| ||||||
18 | (Source: P.A. 90-18, eff. 7-1-97.)
| ||||||
19 | Section 25. The Foreign Banking Office Act is amended by | ||||||
20 | changing Section 20 as follows:
| ||||||
21 | (205 ILCS 645/20)
| ||||||
22 | Sec. 20. Enforcement of
Administrative liens for past-due
| ||||||
23 | child support. | ||||||
24 | (a) Any foreign
banking corporation governed by this Act | ||||||
25 | shall encumber or surrender accounts
or assets held by the | ||||||
26 | foreign banking corporation on behalf of any responsible
| ||||||
27 | relative who is subject to a child support lien, upon notice of | ||||||
28 | the lien or
levy of the Illinois Department of Public Aid or | ||||||
29 | its successor agency pursuant
to Section 10-25.5 of the | ||||||
30 | Illinois Public Aid Code, or upon notice of
interstate lien | ||||||
31 | from any other state's agency responsible for implementing the
| ||||||
32 | child support enforcement program set forth in Title IV, Part D | ||||||
33 | of the Social
Security Act.
| ||||||
34 | (b) Within 90 days after receiving notice from the |
| |||||||
| |||||||
1 | Department of Public Aid that the Department has adopted a | ||||||
2 | child support enforcement debit authorization form as required | ||||||
3 | under the Illinois Public Aid Code, each foreign banking | ||||||
4 | corporation governed by this Act shall take all appropriate | ||||||
5 | steps to implement the use of the form in relation to accounts | ||||||
6 | held by the corporation. Upon receiving from the Department of | ||||||
7 | Public Aid a copy of a child support enforcement debit | ||||||
8 | authorization form signed by an obligor, a foreign banking | ||||||
9 | corporation holding an account on behalf of the obligor shall | ||||||
10 | debit the account and transfer the debited amounts to the State | ||||||
11 | Disbursement Unit according to the instructions in the child | ||||||
12 | support enforcement debit authorization form.
| ||||||
13 | (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)
| ||||||
14 | Section 30. The Illinois Public Aid Code is amended by | ||||||
15 | adding Section 10-16.7 as follows: | ||||||
16 | (305 ILCS 5/10-16.7 new) | ||||||
17 | Sec. 10-16.7. Child support enforcement debit | ||||||
18 | authorization. | ||||||
19 | (a) For purposes of this Section: | ||||||
20 | "Financial institution" and "account" are defined as set | ||||||
21 | forth in Section 10-24.
| ||||||
22 | "Payor" is defined as set forth in Section 15 of the Income | ||||||
23 | Withholding for Support Act.
| ||||||
24 | "Order for support" means any order for periodic payment of | ||||||
25 | funds to the State Disbursement Unit for the support of a child | ||||||
26 | or, where applicable, for support of a child and a parent with | ||||||
27 | whom the child resides, that is entered or modified under this | ||||||
28 | Code or under the Illinois Marriage and Dissolution of Marriage | ||||||
29 | Act, the Non-Support of Spouse and Children Act, the | ||||||
30 | Non-Support Punishment Act, or the Illinois Parentage Act of | ||||||
31 | 1984, or that is entered or registered for modification or | ||||||
32 | enforcement under the Uniform Interstate Family Support Act.
| ||||||
33 | "Obligor" means an individual who owes a duty to make | ||||||
34 | payments under an order for support in a case in which child |
| |||||||
| |||||||
1 | support enforcement services are being provided under this | ||||||
2 | Article X. | ||||||
3 | (b) The Department of Public Aid shall adopt a child | ||||||
4 | support enforcement debit authorization form that, upon being | ||||||
5 | signed by an obligor, authorizes a financial institution | ||||||
6 | holding an account on the obligor's behalf to debit the | ||||||
7 | obligor's account periodically in an amount equal to the amount | ||||||
8 | of child support that the obligor is required to pay | ||||||
9 | periodically and transfer that amount to the State Disbursement | ||||||
10 | Unit. The form shall include instructions to the financial | ||||||
11 | institution concerning the debiting of accounts held on behalf | ||||||
12 | of obligors and the transfer of the debited amounts to the | ||||||
13 | State Disbursement Unit. In adopting the form, the Department | ||||||
14 | may consult with the Office of Banks and Real Estate and the | ||||||
15 | Department of Financial Institutions. The Department must | ||||||
16 | adopt the form within 6 months after the effective date of this | ||||||
17 | amendatory Act of the 93rd General Assembly. Promptly after | ||||||
18 | adopting the form, the Department must notify each financial | ||||||
19 | institution conducting business in this State that the form has | ||||||
20 | been adopted and is ready for use. | ||||||
21 | (c) An obligor who does not have a payor may sign a child | ||||||
22 | support debit authorization form adopted by the Department | ||||||
23 | under this Section. The obligor may sign a form in relation to | ||||||
24 | any or all of the financial institutions holding an account on | ||||||
25 | the obligor's behalf. Promptly after an obligor signs a child | ||||||
26 | support debit authorization form, the Department shall send the | ||||||
27 | original signed form to the appropriate financial institution. | ||||||
28 | Subject to subsection (e), upon receiving the form, the | ||||||
29 | financial institution shall debit the account and transfer the | ||||||
30 | debited amounts to the State Disbursement Unit according to the | ||||||
31 | instructions in the form. A financial institution that complies | ||||||
32 | with a child support debit authorization form signed by an | ||||||
33 | obligor and issued under this Section shall not be subject to | ||||||
34 | civil liability with respect to any individual or any agency.
| ||||||
35 | (d) The signing and issuance of a child support debit | ||||||
36 | authorization form under this Section does not relieve the |
| |||||||
| |||||||
1 | obligor from responsibility for compliance with any | ||||||
2 | requirement under the order for support.
| ||||||
3 | (e) A financial institution is obligated to debit the | ||||||
4 | account of an obligor pursuant to this Section only if or to | ||||||
5 | the extent:
| ||||||
6 | (1) the financial institution reasonably believes the | ||||||
7 | debit authorization form is a true and authentic original | ||||||
8 | document;
| ||||||
9 | (2) there are finally collected funds in the account; | ||||||
10 | and
| ||||||
11 | (3) the account is not subject to offsetting claims of | ||||||
12 | the financial institution, whether due at the time of | ||||||
13 | receipt of the debit authorization form or thereafter to | ||||||
14 | become due and whether liquidated or unliquidated. | ||||||
15 | To the extent the account of the obligor is pledged or held | ||||||
16 | by the financial institution as security for a loan or other | ||||||
17 | obligation, or that the financial institution has any other | ||||||
18 | claim or lien against the account, the financial institution is | ||||||
19 | entitled to retain the account.
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
|