Rep. Cynthia Soto
Filed: 3/19/2004
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1 | AMENDMENT TO HOUSE BILL 4310
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2 | AMENDMENT NO. ______. Amend House Bill 4310 on page 1, line | ||||||
3 | 18, by replacing " 30 " with " 90 "; and
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4 | on page 2, line 15, by replacing " 30 " with " 90 "; and | ||||||
5 | on page 3, line 11, by replacing " 30 " with " 90 "; and | ||||||
6 | on page 4, lines 5 and 34, by replacing " 30 " each time it | ||||||
7 | appears with " 90 "; and
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8 | on page 5, by replacing lines 19 through 28 with the following: | ||||||
9 |
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10 | " (a) For purposes of this Section:
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11 | "Financial institution" and "account" are defined as set | ||||||
12 | forth in Section 10-24.
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13 | "Payor" is defined as set forth in Section 15 of the Income | ||||||
14 | Withholding for Support Act.
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15 | "Order for support" means any order for periodic payment of | ||||||
16 | funds to the State Disbursement Unit for the support of a child | ||||||
17 | or, where applicable, for support of a child and a parent with | ||||||
18 | whom the child resides, that is entered or modified under this | ||||||
19 | Code or under the Illinois Marriage and Dissolution of Marriage | ||||||
20 | Act, the Non-Support of Spouse and Children Act, the | ||||||
21 | Non-Support Punishment Act, or the Illinois Parentage Act of | ||||||
22 | 1984, or that is entered or registered for modification or |
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1 | enforcement under the Uniform Interstate Family Support Act.
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2 | "Obligor" means an individual who owes a duty to make | ||||||
3 | payments under an order for support in a case in which child | ||||||
4 | support enforcement services are being provided under this | ||||||
5 | Article X. "; and | ||||||
6 | on page 6, by replacing lines 13 through 30 with the following: | ||||||
7 | " (c) An obligor who does not have a payor may sign a child | ||||||
8 | support debit authorization form adopted by the Department | ||||||
9 | under this Section. The obligor may sign a form in relation to | ||||||
10 | any or all of the financial institutions holding an account on | ||||||
11 | the obligor's behalf. Promptly after an obligor signs a child | ||||||
12 | support debit authorization form, the Department shall send the | ||||||
13 | original signed form to the appropriate financial institution. | ||||||
14 | Subject to subsection (e), upon receiving the form, the | ||||||
15 | financial institution shall debit the account and transfer the | ||||||
16 | debited amounts to the State Disbursement Unit according to the | ||||||
17 | instructions in the form. A financial institution that complies | ||||||
18 | with a child support debit authorization form signed by an | ||||||
19 | obligor and issued under this Section shall not be subject to | ||||||
20 | civil liability with respect to any individual or any agency.
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21 | (d) The signing and issuance of a child support debit | ||||||
22 | authorization form under this Section does not relieve the | ||||||
23 | obligor from responsibility for compliance with any | ||||||
24 | requirement under the order for support.
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25 | (e) A financial institution is obligated to debit the | ||||||
26 | account of an obligor pursuant to this Section only if or to | ||||||
27 | the extent:
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28 | (1) the financial institution reasonably believes the | ||||||
29 | debit authorization form is a true and authentic original | ||||||
30 | document;
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31 | (2) there are finally collected funds in the account; | ||||||
32 | and
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33 | (3) the account is not subject to offsetting claims of |
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1 | the financial institution, whether due at the time of | ||||||
2 | receipt of the debit authorization form or thereafter to | ||||||
3 | become due and whether liquidated or unliquidated. | ||||||
4 | To the extent the account of the obligor is pledged or held | ||||||
5 | by the financial institution as security for a loan or other | ||||||
6 | obligation, or that the financial institution has any other | ||||||
7 | claim or lien against the account, the financial institution is | ||||||
8 | entitled to retain the account. "; and | ||||||
9 | by deleting lines 31 through 34 on page 6, all of pages 7 and 8, | ||||||
10 | and lines 1 through 27 on page 9.
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