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| Public Act 093-0736 |
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AN ACT concerning child support.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Banking Act is amended by changing | ||||
Section 48.4 as follows:
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(205 ILCS 5/48.4)
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Sec. 48.4. Enforcement of
Administrative liens for | ||||
past-due child support. | ||||
(a) Any bank
governed by this Act shall encumber or | ||||
surrender accounts or assets held by the
bank on behalf of any | ||||
responsible relative who is subject to a child support
lien, | ||||
upon notice of the lien or levy of the Illinois Department of | ||||
Public Aid
or its successor agency pursuant to Section 10-25.5 | ||||
of the Illinois Public Aid
Code, or upon notice of interstate | ||||
lien or levy from any other state's
agency
responsible for | ||||
implementing the child support enforcement program set forth in
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Title IV, Part D of the Social Security Act.
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(b) Within 90 days after receiving notice from the | ||||
Department of Public Aid that the Department has adopted a | ||||
child support enforcement debit authorization form as required | ||||
under the Illinois Public Aid Code, each bank governed by this | ||||
Act shall take all appropriate steps to implement the use of | ||||
the form in relation to accounts held by the bank. Upon | ||||
receiving from the Department of Public Aid a copy of a child | ||||
support enforcement debit authorization form signed by an | ||||
obligor, a bank holding an account on behalf of the obligor | ||||
shall debit the account and transfer the debited amounts to the | ||||
State Disbursement Unit according to the instructions in the | ||||
child support enforcement debit authorization form.
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(Source: P.A. 92-811, eff. 8-21-02.)
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Section 10. The Illinois Savings and Loan Act of 1985 is | ||||
amended by changing Section 1-6d as follows:
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(205 ILCS 105/1-6d)
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Sec. 1-6d. Enforcement of
Administrative liens for | ||
past-due child support. | ||
(a) Any
association governed by this Act shall encumber or | ||
surrender accounts or assets
held by the association on behalf | ||
of any responsible relative who is subject to
a child support | ||
lien, upon notice of the lien or levy of the Illinois
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Department of Public Aid or its successor agency pursuant to | ||
Section 10-25.5
of the Illinois Public Aid Code, or upon notice | ||
of interstate lien or levy
from any
other state's agency | ||
responsible for implementing the child support enforcement
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program set forth in Title IV, Part D of the Social Security | ||
Act.
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(b) Within 90 days after receiving notice from the | ||
Department of Public Aid that the Department has adopted a | ||
child support enforcement debit authorization form as required | ||
under the Illinois Public Aid Code, each association governed | ||
by this Act shall take all appropriate steps to implement the | ||
use of the form in relation to accounts held by the | ||
association. Upon receiving from the Department of Public Aid a | ||
copy of a child support enforcement debit authorization form | ||
signed by an obligor, an association holding an account on | ||
behalf of the obligor shall debit the account and transfer the | ||
debited amounts to the State Disbursement Unit according to the | ||
instructions in the child support enforcement debit | ||
authorization form.
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(Source: P.A. 92-811, eff. 8-21-02.)
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Section 15. The Savings Bank Act is amended by changing | ||
Section 7007 as follows:
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(205 ILCS 205/7007)
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Sec. 7007. Enforcement of
Administrative liens for | ||
past-due child support. | ||
(a) Any savings
bank governed by this Act shall encumber or | ||
surrender accounts or assets
held by the savings bank on behalf | ||
of any responsible relative who is subject
to
a child support | ||
lien, upon notice of the lien or levy of the Illinois
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Department of Public Aid or its successor agency pursuant to | ||
Section 10-25.5
of the Illinois Public Aid Code, or upon notice | ||
of interstate lien or levy
from any
other state's agency | ||
responsible for implementing the child support enforcement
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program set forth in Title IV, Part D of the Social Security | ||
Act.
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(b) Within 90 days after receiving notice from the | ||
Department of Public Aid that the Department has adopted a | ||
child support enforcement debit authorization form as required | ||
under the Illinois Public Aid Code, each savings bank governed | ||
by this Act shall take all appropriate steps to implement the | ||
use of the form in relation to accounts held by the savings | ||
bank. Upon receiving from the Department of Public Aid a copy | ||
of a child support enforcement debit authorization form signed | ||
by an obligor, a savings bank holding an account on behalf of | ||
the obligor shall debit the account and transfer the debited | ||
amounts to the State Disbursement Unit according to the | ||
instructions in the child support enforcement debit | ||
authorization form.
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(Source: P.A. 92-811, eff. 8-21-02.)
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Section 20. The Illinois Credit Union Act is amended by | ||
changing Section 43.1 as follows:
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(205 ILCS 305/43.1)
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Sec. 43.1. Enforcement of
Administrative liens for | ||
past-due child support. | ||
(a) Any credit
union governed by this Act shall encumber or | ||
surrender accounts or assets
held by the credit union on behalf | ||
of any responsible relative who is subject
to
a child support | ||
lien, upon notice of the lien or levy of the Illinois
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Department of Public Aid or its successor agency pursuant to | ||
Section 10-25.5
of the Illinois Public Aid Code, or upon notice | ||
of interstate lien from any
other state's agency responsible | ||
for implementing the child support enforcement
program set | ||
forth in Title IV, Part D of the Social Security Act.
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(b) Within 90 days after receiving notice from the | ||
Department of Public Aid that the Department has adopted a | ||
child support enforcement debit authorization form as required | ||
under the Illinois Public Aid Code, each credit union governed | ||
by this Act shall take all appropriate steps to implement the | ||
use of the form in relation to accounts held by the credit | ||
union. Upon receiving from the Department of Public Aid a copy | ||
of a child support enforcement debit authorization form signed | ||
by an obligor, a credit union holding an account on behalf of | ||
the obligor shall debit the account and transfer the debited | ||
amounts to the State Disbursement Unit according to the | ||
instructions in the child support enforcement debit | ||
authorization form.
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(Source: P.A. 90-18, eff. 7-1-97.)
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Section 25. The Foreign Banking Office Act is amended by | ||
changing Section 20 as follows:
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(205 ILCS 645/20)
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Sec. 20. Enforcement of
Administrative liens for past-due
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child support. | ||
(a) Any foreign
banking corporation governed by this Act | ||
shall encumber or surrender accounts
or assets held by the | ||
foreign banking corporation on behalf of any responsible
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relative who is subject to a child support lien, upon notice of | ||
the lien or
levy of the Illinois Department of Public Aid or | ||
its successor agency pursuant
to Section 10-25.5 of the | ||
Illinois Public Aid Code, or upon notice of
interstate lien | ||
from any other state's agency responsible for implementing the
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child support enforcement program set forth in Title IV, Part D | ||
of the Social
Security Act.
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(b) Within 90 days after receiving notice from the | ||
Department of Public Aid that the Department has adopted a | ||
child support enforcement debit authorization form as required | ||
under the Illinois Public Aid Code, each foreign banking | ||
corporation governed by this Act shall take all appropriate | ||
steps to implement the use of the form in relation to accounts | ||
held by the corporation. Upon receiving from the Department of | ||
Public Aid a copy of a child support enforcement debit | ||
authorization form signed by an obligor, a foreign banking | ||
corporation holding an account on behalf of the obligor shall | ||
debit the account and transfer the debited amounts to the State | ||
Disbursement Unit according to the instructions in the child | ||
support enforcement debit authorization form.
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(Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)
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Section 30. The Illinois Public Aid Code is amended by | ||
adding Section 10-16.7 as follows: | ||
(305 ILCS 5/10-16.7 new) | ||
Sec. 10-16.7. Child support enforcement debit | ||
authorization. | ||
(a) For purposes of this Section: | ||
"Financial institution" and "account" are defined as set | ||
forth in Section 10-24.
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"Payor" is defined as set forth in Section 15 of the Income | ||
Withholding for Support Act.
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"Order for support" means any order for periodic payment of | ||
funds to the State Disbursement Unit for the support of a child | ||
or, where applicable, for support of a child and a parent with | ||
whom the child resides, that is entered or modified under this | ||
Code or under the Illinois Marriage and Dissolution of Marriage | ||
Act, the Non-Support of Spouse and Children Act, the | ||
Non-Support Punishment Act, or the Illinois Parentage Act of | ||
1984, or that is entered or registered for modification or | ||
enforcement under the Uniform Interstate Family Support Act.
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"Obligor" means an individual who owes a duty to make | ||
payments under an order for support in a case in which child | ||
support enforcement services are being provided under this | ||
Article X. | ||
(b) The Department of Public Aid shall adopt a child | ||
support enforcement debit authorization form that, upon being | ||
signed by an obligor, authorizes a financial institution | ||
holding an account on the obligor's behalf to debit the | ||
obligor's account periodically in an amount equal to the amount | ||
of child support that the obligor is required to pay | ||
periodically and transfer that amount to the State Disbursement | ||
Unit. The form shall include instructions to the financial | ||
institution concerning the debiting of accounts held on behalf | ||
of obligors and the transfer of the debited amounts to the | ||
State Disbursement Unit. In adopting the form, the Department | ||
may consult with the Office of Banks and Real Estate and the | ||
Department of Financial Institutions. The Department must | ||
adopt the form within 6 months after the effective date of this | ||
amendatory Act of the 93rd General Assembly. Promptly after | ||
adopting the form, the Department must notify each financial | ||
institution conducting business in this State that the form has | ||
been adopted and is ready for use. | ||
(c) An obligor who does not have a payor may sign a child | ||
support debit authorization form adopted by the Department | ||
under this Section. The obligor may sign a form in relation to | ||
any or all of the financial institutions holding an account on | ||
the obligor's behalf. Promptly after an obligor signs a child | ||
support debit authorization form, the Department shall send the | ||
original signed form to the appropriate financial institution. | ||
Subject to subsection (e), upon receiving the form, the | ||
financial institution shall debit the account and transfer the | ||
debited amounts to the State Disbursement Unit according to the | ||
instructions in the form. A financial institution that complies | ||
with a child support debit authorization form signed by an | ||
obligor and issued under this Section shall not be subject to | ||
civil liability with respect to any individual or any agency.
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(d) The signing and issuance of a child support debit | ||
authorization form under this Section does not relieve the | ||
obligor from responsibility for compliance with any | ||
requirement under the order for support.
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(e) A financial institution is obligated to debit the | ||
account of an obligor pursuant to this Section only if or to | ||
the extent:
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(1) the financial institution reasonably believes the | ||
debit authorization form is a true and authentic original | ||
document;
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(2) there are finally collected funds in the account; | ||
and
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(3) the account is not subject to offsetting claims of | ||
the financial institution, whether due at the time of | ||
receipt of the debit authorization form or thereafter to | ||
become due and whether liquidated or unliquidated. | ||
To the extent the account of the obligor is pledged or held | ||
by the financial institution as security for a loan or other | ||
obligation, or that the financial institution has any other | ||
claim or lien against the account, the financial institution is | ||
entitled to retain the account.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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