Full Text of HB4310 93rd General Assembly
HB4310eng 93RD GENERAL ASSEMBLY
|
|
|
HB4310 Engrossed |
|
LRB093 18967 DRJ 44702 b |
|
| 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 |
|
|
|
HB4310 Engrossed |
- 2 - |
LRB093 18967 DRJ 44702 b |
|
| 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. |
|
|
|
HB4310 Engrossed |
- 3 - |
LRB093 18967 DRJ 44702 b |
|
| 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 |
|
|
|
HB4310 Engrossed |
- 4 - |
LRB093 18967 DRJ 44702 b |
|
| 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 |
|
|
|
HB4310 Engrossed |
- 5 - |
LRB093 18967 DRJ 44702 b |
|
| 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 |
|
|
|
HB4310 Engrossed |
- 6 - |
LRB093 18967 DRJ 44702 b |
|
| 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 |
|
|
|
HB4310 Engrossed |
- 7 - |
LRB093 18967 DRJ 44702 b |
|
| 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.
|
|