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| Public Act 099-0157 | ||||
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AN ACT concerning civil law.
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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 Public Aid Code is amended by | ||||
changing Sections 10-25 and 10-25.5 as follows:
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(305 ILCS 5/10-25)
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Sec. 10-25.
Administrative liens and levies on real | ||||
property for
past-due child support and for fines against a | ||||
payor who wilfully fails 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 Income | ||||
Withholding for Support Act.
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(a) Notwithstanding any other State or local law to the | ||||
contrary, the State shall have a lien on all legal and | ||||
equitable interests of
responsible relatives in their real | ||||
property
in the amount of past-due child support owing pursuant | ||||
to an order
for child support entered under Sections 10-10 and | ||||
10-11 of 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, the Uniform
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Interstate Family Support Act, or the
Illinois Parentage Act of | ||||
1984.
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(a-5) The State shall have a lien on all legal and | ||||
equitable interests of a payor, as that term is described in | ||
the Income Withholding for Support Act, in the payor's real | ||
property in the amount of any fine imposed by the Illinois | ||
Department pursuant to the Income Withholding for Support Act. | ||
(b) The Illinois Department shall provide by rule for | ||
notice to and an
opportunity to be heard by each responsible | ||
relative or payor affected, and any final
administrative | ||
decision rendered by the Illinois Department shall be reviewed
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only under
and in accordance with the Administrative Review | ||
Law.
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(c) When enforcing a lien under subsection (a) of this | ||
Section, the
Illinois Department shall have the authority to | ||
execute notices of
administrative liens and levies, which shall | ||
contain the name and address of
the responsible relative or | ||
payor, a legal description of the real property
to be levied, | ||
the fact that a lien
is being claimed for past-due child | ||
support or for the fines imposed on a payor pursuant to the | ||
Income Withholding for Support Act, and such other information | ||
as the
Illinois Department may by rule prescribe. The Illinois | ||
Department shall
record the notice of lien with the recorder or | ||
registrar of titles of
the county or counties in which the real | ||
estate is located.
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(d) The State's lien under subsection (a) shall be
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enforceable upon the recording or filing of a notice of lien | ||
with the recorder
or registrar of titles of the county or | ||
counties in which the real estate is
located. The lien shall be | ||
prior to any lien thereafter recorded or filed and
shall be | ||
notice to a subsequent purchaser, assignor, or encumbrancer of | ||
the
existence and nature of the lien. The lien shall be | ||
inferior to the lien of
general taxes, special assessment, and | ||
special taxes heretofore or hereafter
levied by any political | ||
subdivision or municipal corporation of the State.
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In the event that title to the land to be affected by the | ||
notice of lien is
registered under the Registered Titles | ||
(Torrens) Act, the notice shall be filed
in the office of the | ||
registrar of titles as a memorial or charge upon each
folium of | ||
the register of titles affected by the notice; but the State | ||
shall
not have a preference over the rights of any bona fide | ||
purchaser, mortgagee,
judgment creditor, or other lien holders | ||
registered prior to the registration
of the notice.
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(e) The recorder or registrar of titles of each county | ||
shall procure
a file labeled "Child Support Lien Notices" and | ||
an index book labeled "Child
Support Lien Notices". When notice | ||
of any lien is presented to the recorder or
registrar of titles | ||
for filing,
the recorder or registrar of titles shall file it | ||
in numerical order in the
file and shall enter it
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alphabetically in the index. The entry shall show the name and | ||
last known
address of the person or payor named in the notice, | ||
the serial number of the notice, the
date and hour of filing, | ||
and the amount of child support or the amount of the fine | ||
imposed on the payor due at the time when
the lien is filed.
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(f) The Illinois Department shall not be required to | ||
furnish bond or make a
deposit for or pay any costs or fees of | ||
any court or officer thereof in any
legal proceeding involving | ||
the lien.
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(g) To protect the lien of the State for past-due child | ||
support and for any fine imposed against a payor, the
Illinois | ||
Department may, from funds that are available for that purpose, | ||
pay
or provide for the payment of necessary or essential | ||
repairs, purchase tax
certificates, pay balances due on land | ||
contracts, or pay or cause to be
satisfied any prior liens on | ||
the property to which the lien hereunder applies.
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(h) A lien on real property under this Section shall be | ||
released
pursuant
to Section 12-101 of the Code of Civil | ||
Procedure.
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(i) The Illinois Department, acting in behalf of the
State, | ||
may foreclose the lien in a judicial proceeding to the same | ||
extent and
in the same manner as in the enforcement of other | ||
liens. The process,
practice, and procedure for the foreclosure | ||
shall be the same as provided in
the Code of Civil Procedure.
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(Source: P.A. 97-186, eff. 7-22-11.)
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(305 ILCS 5/10-25.5)
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Sec. 10-25.5.
Administrative liens and levies on personal | ||
property for
past-due child support and for fines against a | ||
payor who wilfully fails 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 Income | ||
Withholding for Support Act.
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(a) Notwithstanding any other State or local law to the | ||
contrary, the State shall have a lien on all legal and | ||
equitable interests of
responsible relatives in their personal | ||
property, including any account in a
financial institution as | ||
defined
in Section 10-24, or in the case of an insurance | ||
company or benefit association
only in accounts as defined in | ||
Section 10-24, in the amount of past-due child
support owing | ||
pursuant to an order
for child support entered under Sections | ||
10-10 and 10-11 of 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, the Uniform
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Interstate Family Support Act, or the
Illinois Parentage Act of | ||
1984.
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(a-5) The State shall have a lien on all legal and | ||
equitable interests of a payor, as that term is described in | ||
the Income Withholding for Support Act, in the payor's personal | ||
property in the amount of any fine imposed by the Illinois | ||
Department pursuant to the Income Withholding for Support Act. | ||
(b) The Illinois Department shall provide by rule for | ||
notice to and an
opportunity to be heard by each responsible | ||
relative or payor affected, and any final
administrative | ||
decision rendered by the Illinois Department shall be reviewed
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only under
and in accordance with the Administrative Review | ||
Law.
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(c) When enforcing a lien under subsection (a) of this | ||
Section, the
Illinois Department shall have the authority to | ||
execute notices of
administrative liens and levies, which shall | ||
contain the name and address of
the responsible relative or | ||
payor, a description of the property
to be levied, the fact | ||
that a lien
is being claimed for past-due child support, and | ||
such other information as the
Illinois Department may by rule | ||
prescribe. The Illinois Department may
serve the notice of lien | ||
or levy upon any financial institution where
the accounts as | ||
defined in Section 10-24 of the responsible relative may be
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held, for encumbrance or surrender of the accounts as defined | ||
in Section 10-24
by the financial institution.
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(d) The Illinois Department shall enforce its lien against | ||
the responsible
relative's or payor's personal property, other | ||
than accounts as defined in Section 10-24
in financial | ||
institutions,
and
levy upon such personal property in the | ||
manner provided for enforcement of
judgments contained in | ||
Article XII of the Code of Civil Procedure.
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(e) The Illinois Department shall not be required to | ||
furnish bond or make a
deposit for or pay any costs or fees of | ||
any court or officer thereof in any
legal proceeding involving | ||
the lien.
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(f) To protect the lien of the State for past-due child | ||
support and for any fine imposed on a payor, the
Illinois | ||
Department may, from funds that are available for that purpose, | ||
pay
or provide for the payment of necessary or essential | ||
repairs, purchase tax
certificates, or pay or cause to be
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satisfied any prior liens on the property to which the lien | ||
hereunder applies.
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(g) A lien on personal property under this Section shall be | ||
released
in the manner provided under Article XII
of the Code | ||
of Civil Procedure.
Notwithstanding the foregoing, a lien under | ||
this Section on accounts as defined
in Section 10-24 shall | ||
expire upon the passage of 120 days from the date of
issuance | ||
of the Notice of Lien or Levy by the Illinois Department. | ||
However,
the lien
shall remain in effect during the pendency of | ||
any appeal or protest.
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(h) A lien created under this Section is subordinate to any | ||
prior lien of
the financial institution or any prior lien | ||
holder or any prior right of
set-off that the financial | ||
institution may have against the assets, or in the
case of an | ||
insurance company or benefit association only in the accounts | ||
as
defined in Section 10-24.
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(i) A financial institution has no obligation under this | ||
Section to hold,
encumber, or surrender the assets, or in the | ||
case of an insurance company or
benefit association only the | ||
accounts as defined in Section 10-24, until the
financial
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institution has been properly served with a subpoena, summons, | ||
warrant,
court or administrative order, or administrative lien | ||
and levy requiring that
action.
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(Source: P.A. 97-186, eff. 7-22-11.)
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Section 10. The Income Withholding for Support Act is | ||
amended by adding Section 50.5 as follows: | ||
(750 ILCS 28/50.5 new) | ||
Sec. 50.5. Administrative fines imposed by the Department | ||
of Healthcare and Family Services. | ||
(a) The administrative fines provided for under this | ||
Section are in addition to any existing fines or penalties | ||
against a payor provided for in other Sections of this Act and | ||
do not affect who would be entitled to receive those existing | ||
fines and penalties. In addition to any fines or penalties | ||
provided for in this Act, when a payor 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 this Act, the Department may | ||
impose a fine upon the payor not to exceed $1,000 per payroll | ||
period. The fine shall be payable to the Department of | ||
Healthcare and Family Services 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 this Act. The | ||
Department of Healthcare and Family Services shall place the | ||
fines collected into a special fund created to implement the | ||
purposes of this Section and the fines shall be utilized for | ||
the purposes provided for in this Section. 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 this Act, the remainder of the fines | ||
collected under this Section shall be distributed | ||
proportionally to the counties based on their population. The | ||
counties shall use these funds to assist low income families in | ||
defraying the costs associated with seeking parenting time. | ||
(b) The Department of Healthcare and Family Services may | ||
collect the fine through administrative liens and levies on the | ||
real and personal property of the payor as provided in Sections | ||
10-25 and 10-25.5 of the Illinois Public Aid Code. | ||
(c) The payor may contest the fine as provided in Sections | ||
10-25 and 10-25.5 of the Illinois Public Aid Code. | ||
(d) The Department of Healthcare and Family Services may | ||
adopt rules necessary for the implementation of this Section.
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Section 99. Effective date. This Act takes effect July 1, | ||
2017. | ||