Bill Status of HB 3683   99th General Assembly

Short Description:  INCOME WITHHOLDING-PENALTY

House Sponsors
Rep. Litesa E. Wallace-Robert Martwick-Marcus C. Evans, Jr.-Camille Y. Lilly, Jack D. Franks, Carol Ammons, Linda Chapa LaVia, Jehan Gordon-Booth, Eddie Lee Jackson, Sr. and Esther Golar

Senate Sponsors
(Sen. Kimberly A. Lightford)


Last Action  View All Actions

DateChamber Action
  7/28/2015HousePublic Act . . . . . . . . . 99-0157

Statutes Amended In Order of Appearance
750 ILCS 28/35
750 ILCS 28/37 new

Synopsis As Introduced
Amends the Income Withholding for Support Act. Provides that if a payor knowingly fails to withhold the amount designated in an income withholding notice, then the payor shall pay a penalty of $200 (instead of $100) for each day that the amount designated in the income withholding notice is not paid to the State Disbursement Unit after the period of 7 business days has expired. Increases the total penalty to $20,000 from $10,000. Creates the Family Support Revolving Fund and provides that the additional penalty amount shall be paid into the Family Support Revolving Fund. Provides that the fund shall be held by the Department of Healthcare and Family Services and shall be used to the extent determined necessary by the Department to pay for aid to families of children who are owed child support. Provides that expenditures from the Fund shall be made in accordance with Department rules and directs the Department to adopt rules to implement the new provisions. Contains other provisions governing the use and investment of moneys in the Fund.

House Floor Amendment No. 1
Deletes reference to:
750 ILCS 28/35
750 ILCS 28/37 new
Adds reference to:
305 ILCS 5/10-25
305 ILCS 5/10-25.5
750 ILCS 28/50.5 new

Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. In provisions concerning administrative liens and levies on real property and personal property for past-due child support, provides that the State shall have a lien on all legal and equitable interests of a payor of income, as that term is described in the Income Withholding for Support Act, in the payor's real or personal property in the amount of any fine imposed by the Department of Healthcare and Family Services pursuant to the Income Withholding for Support Act. Adds a payor of income to certain provisions concerning notice and the execution of notices of administrative liens and levies. Provides that the notice must contain a legal description of the real property to be levied and the fact that a lien is being claimed for the fines imposed on a payor of income pursuant to the Income Withholding for Support Act, in addition to other information. Makes other changes. Amends the Income Withholding for Support Act. Sets forth additional administrative fines to existing fines or penalties against a payor of income provided for under the Act and provides that the new administrative fines do not affect who would be entitled to receive those existing fines and penalties. Provides that in addition to any fines or penalties provided for in the Act, when a payor of income wilfully fails, after receiving 2 reminders from the Department of Healthcare and Family Services, to withhold or pay over income pursuant to a properly served income withholding notice or otherwise fails to comply with any duties imposed by the Act, the Department may impose a fine upon the payor of income not to exceed $1,000 per payroll period; and that the fine shall be payable to the Department and may be used to defray the costs incurred by the Department in the collection of the past-due support and penalties provided for in the Act. Requires the Department of Healthcare and Family Services to place the fines collected into a special fund created to implement the purposes of this provision. Provides that after deducting the costs incurred by the Department of Healthcare and Family Services in the collection of the past-due support and penalties provided for in the Act, the reminder of the fines collected shall be distributed proportionally to the counties based on their population; and that the counties shall use these funds to assist low income families in defraying the costs associated with seeking parenting time.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, but with the following change: Replaces all references to "payor of income" with "payor". Effective July 1, 2017.

Actions 
DateChamber Action
  2/26/2015HouseFiled with the Clerk by Rep. Litesa E. Wallace
  2/26/2015HouseFirst Reading
  2/26/2015HouseReferred to Rules Committee
  3/10/2015HouseAssigned to Judiciary - Civil Committee
  3/25/2015HouseDo Pass / Short Debate Judiciary - Civil Committee; 011-000-000
  3/25/2015HousePlaced on Calendar 2nd Reading - Short Debate
  4/20/2015HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Litesa E. Wallace
  4/20/2015HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/22/2015HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/22/2015HouseAdded Chief Co-Sponsor Rep. Robert Martwick
  4/22/2015HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 011-000-000
  4/22/2015HouseSecond Reading - Short Debate
  4/22/2015HouseHeld on Calendar Order of Second Reading - Short Debate
  4/23/2015HouseHouse Floor Amendment No. 1 Adopted
  4/23/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2015HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/23/2015HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  4/24/2015HouseThird Reading - Short Debate - Passed 096-000-000
  4/24/2015HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/24/2015HouseAdded Co-Sponsor Rep. Carol Ammons
  4/24/2015HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/24/2015HouseAdded Co-Sponsor Rep. Jehan Gordon-Booth
  4/24/2015HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  4/24/2015HouseAdded Co-Sponsor Rep. Esther Golar
  4/28/2015SenateArrive in Senate
  4/28/2015SenatePlaced on Calendar Order of First Reading April 29, 2015
  5/4/2015SenateChief Senate Sponsor Sen. Kimberly A. Lightford
  5/5/2015SenateFirst Reading
  5/5/2015SenateReferred to Assignments
  5/6/2015SenateAssigned to Judiciary
  5/13/2015SenatePostponed - Judiciary
  5/13/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kimberly A. Lightford
  5/13/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/15/2015SenateRule 2-10 Committee Deadline Established As May 31, 2015
  5/18/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/18/2015SenateWaive Posting Notice
  5/19/2015SenateSenate Committee Amendment No. 1 Adopted
  5/19/2015SenateDo Pass as Amended Judiciary; 011-000-000
  5/19/2015SenatePlaced on Calendar Order of 2nd Reading May 20, 2015
  5/20/2015SenateSecond Reading
  5/20/2015SenatePlaced on Calendar Order of 3rd Reading May 21, 2015
  5/22/2015SenateRule 2-10 Third Reading Deadline Established As May 31, 2015
  5/26/2015SenateThird Reading - Passed; 056-000-000
  5/26/2015HouseArrived in House
  5/26/2015HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/27/2015HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Litesa E. Wallace
  5/27/2015HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/27/2015HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  5/31/2015HouseSenate Committee Amendment No. 1 House Concurs 111-000-000
  5/31/2015HouseHouse Concurs
  5/31/2015HousePassed Both Houses
  6/29/2015HouseSent to the Governor
  7/28/2015HouseGovernor Approved
  7/28/2015HouseEffective Date July 1, 2017
  7/28/2015HousePublic Act . . . . . . . . . 99-0157

Back To Top