Bill Status of HB 5221   97th General Assembly

Short Description:  W/HOLDING INCOME FOR SUPPORT

House Sponsors
Rep. Robert W. Pritchard-Tom Cross

Senate Sponsors
(Sen. Ira I. Silverstein)


Last Action  View All Actions

DateChamber Action
  8/17/2012HousePublic Act . . . . . . . . . 97-0994

Statutes Amended In Order of Appearance
750 ILCS 28/20
750 ILCS 28/35
750 ILCS 28/45

Synopsis As Introduced
Amends the Income Withholding for Support Act. Provides that an income withholding notice must state a payor's duties and possible penalties in bold face type. Provides that a payor is subject to a $100 per day penalty if he or she willfully (instead of knowingly) fails to withhold the amount designated in an income withholding notice or to pay any amount withheld to the State Disbursement Unit within 7 business days. Provides that an action to collect a penalty from a payor may not be brought more than one year after the date of the payor's alleged failure to withhold or pay income. Provides that if an obligee who is receiving income withholding payments does not receive a payment required under the income withholding notice, the obligee must give written notice of the non-receipt to the payor. Provides that the notice must include the date on which the obligee believes the payment was to have been made and the amount of the payment and must be sent by certified mail, return receipt requested. Provides that after receiving a written notice of non-receipt of payment, a payor must, within 14 days thereafter, either (i) notify the obligee of the reason for the non-receipt of payment or (ii) make the required payment, together with interest at the rate of 9% calculated from the date on which the payment of income should have been made. Provides that a payor who fails to comply with this provision is subject to the $100 per day penalty provided under the Act. Effective immediately.

House Floor Amendment No. 1
Restores existing law providing that a payor is subject to a $100 per day penalty if he or she knowingly (instead of willfully) fails to withhold the amount designated in an income withholding notice or to pay any amount withheld to the State Disbursement Unit within 7 business days.

Actions 
DateChamber Action
  2/8/2012HouseFiled with the Clerk by Rep. Robert W. Pritchard
  2/8/2012HouseFirst Reading
  2/8/2012HouseReferred to Rules Committee
  2/15/2012HouseAdded Chief Co-Sponsor Rep. Tom Cross
  2/22/2012HouseAssigned to Judiciary I - Civil Law Committee
  2/29/2012HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/1/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/6/2012HouseSecond Reading - Short Debate
  3/6/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/8/2012HouseThird Reading - Consideration Postponed
  3/8/2012HousePlaced on Calendar - Consideration Postponed
  3/19/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Robert W. Pritchard
  3/19/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/22/2012HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/23/2012HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000
  3/23/2012HouseRecalled to Second Reading - Short Debate
  3/23/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/23/2012HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/23/2012HouseThird Reading - Consideration Postponed
  3/23/2012HousePlaced on Calendar - Consideration Postponed
  3/27/2012HouseThird Reading - Short Debate - Passed 107-005-001
  3/27/2012SenateArrive in Senate
  3/27/2012SenatePlaced on Calendar Order of First Reading March 28, 2012
  3/28/2012SenateChief Senate Sponsor Sen. Ira I. Silverstein
  3/29/2012SenateFirst Reading
  3/29/2012SenateReferred to Assignments
  4/11/2012SenateAssigned to Judiciary
  4/18/2012SenateHeld in Judiciary
  4/25/2012SenatePostponed - Judiciary
  5/1/2012SenateDo Pass Judiciary; 011-000-000
  5/1/2012SenatePlaced on Calendar Order of 2nd Reading May 2, 2012
  5/2/2012SenateSecond Reading
  5/2/2012SenatePlaced on Calendar Order of 3rd Reading May 3, 2012
  5/22/2012SenateThird Reading - Passed; 055-000-000
  5/22/2012HousePassed Both Houses
  6/20/2012HouseSent to the Governor
  8/17/2012HouseGovernor Approved
  8/17/2012HouseEffective Date August 17, 2012
  8/17/2012HousePublic Act . . . . . . . . . 97-0994

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