|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2380
Introduced 2/3/2004, by Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
|
225 ILCS 425/2.04 |
from Ch. 111, par. 2005.1 |
|
Amends the Collection Agency Act. Provides that a collection agency may not impose a fee or charge for any child support payments collected through the efforts of a federal, State, or local government agency. Provides that no collection agency that collects child support payments shall (i) impose a charge or fee for collection of a current child support payment, (ii) fail to apply collections to current support as specified in the order for support before applying collection to arrears or other amounts, or (iii) designate a current child support payment as arrears or other amount owed. Requires the Department of Professional Regulation to determine a fee rate of not less than 25% but not greater than 35%, based upon presentation by the licensees as to costs to provide the service and a fair rate of return. Effective immediately.
|
|
|
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB2380 |
|
LRB093 19314 AMC 45050 b |
|
|
1 |
| AN ACT concerning professional regulation.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Collection Agency Act is amended by changing |
5 |
| Section 2.04 as follows:
|
6 |
| (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
|
7 |
| (Section scheduled to be repealed on January 1, 2006)
|
8 |
| Sec. 2.04. Child support indebtedness.
|
9 |
| (a) Persons, associations, partnerships, or corporations |
10 |
| engaged in the
business of collecting child support |
11 |
| indebtedness owing under a court order
as provided under the |
12 |
| Illinois Public Aid Code, the Illinois Marriage and
Dissolution |
13 |
| of Marriage Act, the Non-Support of Spouse and Children Act,
|
14 |
| the Non-Support Punishment Act, the Illinois Parentage Act of |
15 |
| 1984, or
similar laws of other states
are not
restricted (i) in |
16 |
| the frequency of contact with an obligor who is in arrears,
|
17 |
| whether by phone, mail, or other means, (ii) from contacting |
18 |
| the employer of an
obligor who is in arrears, (iii) from |
19 |
| publishing or threatening to publish a
list of obligors in |
20 |
| arrears, (iv) from disclosing or threatening to disclose an
|
21 |
| arrearage that the obligor disputes, but for which a verified |
22 |
| notice of
delinquency has been served under the Income |
23 |
| Withholding for Support Act (or
any of its predecessors, |
24 |
| Section 10-16.2 of the Illinois Public Aid
Code, Section 706.1 |
25 |
| of the Illinois Marriage and Dissolution of Marriage Act,
|
26 |
| Section 4.1 of the Non-Support of Spouse and Children Act, |
27 |
| Section 26.1 of the
Revised Uniform Reciprocal Enforcement of |
28 |
| Support Act, or Section 20 of the
Illinois Parentage Act of |
29 |
| 1984), or (v) from engaging in conduct that would
not
cause a |
30 |
| reasonable person mental or physical illness. For purposes of |
31 |
| this
subsection, "obligor" means an individual who owes a duty |
32 |
| to make periodic
payments, under a court order, for the support |