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91_HB3460sam001
LRB9111394DJcdam
1 AMENDMENT TO HOUSE BILL 3460
2 AMENDMENT NO. . Amend House Bill 3460 as follows:
3 by replacing the title of the bill with the following:
4 "AN ACT in relation to child support."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Public Aid Code is amended by
8 changing Section 10-16.6 as follows:
9 (305 ILCS 5/10-16.6)
10 Sec. 10-16.6. Electronic Funds Transfer Committee.
11 (a) The Director of Public Aid shall establish within
12 the Department an Electronic Funds Transfer Committee. The
13 Director or his or her designee shall be a member of the
14 committee and shall serve as chairperson of the committee.
15 The Director shall appoint 4 other members of the committee,
16 2 of whom shall represent employers in this State and 2 of
17 whom shall represent the banking industry in this State. The
18 administrator of the State Disbursement Unit established
19 under Section 10-26 shall be an ex officio member of the
20 committee.
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1 (b) The committee shall study ways to modify or expand
2 the use of electronic funds transfers for the payment of
3 child support. The committee shall report its findings and
4 recommendations to the Governor and the General Assembly
5 before December 1, 2002 2001.
6 (c) The committee is abolished on December 1, 2002 2001.
7 (Source: P.A. 91-677, eff. 1-5-00.)
8 Section 10. The Income Withholding for Support Act is
9 amended by changing Section 35 as follows:
10 (750 ILCS 28/35)
11 Sec. 35. Duties of payor.
12 (a) It shall be the duty of any payor who has been
13 served with an income withholding notice to deduct and pay
14 over income as provided in this Section. The payor shall
15 deduct the amount designated in the income withholding
16 notice, as supplemented by any notice provided pursuant to
17 subsection (f) of Section 45, beginning no later than the
18 next payment of income which is payable or creditable to the
19 obligor that occurs 14 days following the date the income
20 withholding notice was mailed, sent by facsimile or other
21 electronic means, or placed for personal delivery to or
22 service on the payor. The payor may combine all amounts
23 withheld for the benefit of an obligee or public office into
24 a single payment and transmit the payment with a listing of
25 obligors from whom withholding has been effected. The payor
26 shall pay the amount withheld to the State Disbursement Unit
27 within 7 business days after the date the amount would (but
28 for the duty to withhold income) have been paid or credited
29 to the obligor. If the payor knowingly fails to pay any
30 amount withheld to the State Disbursement Unit within 7
31 business days after the date the amount would have been paid
32 or credited to the obligor, the payor shall pay a penalty of
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1 $100 for each day that the withheld amount is not paid to the
2 State Disbursement Unit after the period of 7 business days
3 has expired. The failure of a payor, on more than one
4 occasion, to pay amounts withheld to the State Disbursement
5 Unit within 7 business days after the date the amount would
6 have been paid or credited to the obligor creates a
7 presumption that the payor knowingly failed to pay over the
8 amounts. This penalty may be collected in a civil action
9 which may be brought against the payor in favor of the
10 obligee or public office. A finding of a payor's
11 nonperformance within the time required under this Act must
12 be documented by a certified mail return receipt showing the
13 date the income withholding notice was served on the payor.
14 For purposes of this Act, a withheld amount shall be
15 considered paid by a payor on the date it is mailed by the
16 payor, or on the date an electronic funds transfer of the
17 amount has been initiated by the payor, or on the date
18 delivery of the amount has been initiated by the payor. For
19 each deduction, the payor shall provide the State
20 Disbursement Unit, at the time of transmittal, with the date
21 the amount would (but for the duty to withhold income) have
22 been paid or credited to the obligor.
23 After March 1, 2001 June 30, 2000, every payor that has
24 250 or more employees shall use electronic funds transfer to
25 pay all amounts withheld under this Section. During the year
26 2002 2001 and during each year thereafter, every payor that
27 has fewer than 250 employees and that withheld income under
28 this Section pursuant to 10 or more income withholding
29 notices during December of the preceding year shall use
30 electronic funds transfer to pay all amounts withheld under
31 this Section.
32 Upon receipt of an income withholding notice requiring
33 that a minor child be named as a beneficiary of a health
34 insurance plan available through an employer or labor union
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1 or trade union, the employer or labor union or trade union
2 shall immediately enroll the minor child as a beneficiary in
3 the health insurance plan designated by the income
4 withholding notice. The employer shall withhold any required
5 premiums and pay over any amounts so withheld and any
6 additional amounts the employer pays to the insurance carrier
7 in a timely manner. The employer or labor union or trade
8 union shall mail to the obligee, within 15 days of enrollment
9 or upon request, notice of the date of coverage, information
10 on the dependent coverage plan, and all forms necessary to
11 obtain reimbursement for covered health expenses, such as
12 would be made available to a new employee. When an order for
13 dependent coverage is in effect and the insurance coverage is
14 terminated or changed for any reason, the employer or labor
15 union or trade union shall notify the obligee within 10 days
16 of the termination or change date along with notice of
17 conversion privileges.
18 For withholding of income, the payor shall be entitled to
19 receive a fee not to exceed $5 per month to be taken from the
20 income to be paid to the obligor.
21 (b) Whenever the obligor is no longer receiving income
22 from the payor, the payor shall return a copy of the income
23 withholding notice to the obligee or public office and shall
24 provide information for the purpose of enforcing this Act.
25 (c) Withholding of income under this Act shall be made
26 without regard to any prior or subsequent garnishments,
27 attachments, wage assignments, or any other claims of
28 creditors. Withholding of income under this Act shall not be
29 in excess of the maximum amounts permitted under the federal
30 Consumer Credit Protection Act. If the payor has been served
31 with more than one income withholding notice pertaining to
32 the same obligor, the payor shall allocate income available
33 for withholding on a proportionate share basis, giving
34 priority to current support payments. If there is any income
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1 available for withholding after withholding for all current
2 support obligations, the payor shall allocate the income to
3 past due support payments ordered in cases in which cash
4 assistance under the Illinois Public Aid Code is not being
5 provided to the obligee and then to past due support payments
6 ordered in cases in which cash assistance under the Illinois
7 Public Aid Code is being provided to the obligee, both on a
8 proportionate share basis. A payor who complies with an
9 income withholding notice that is regular on its face shall
10 not be subject to civil liability with respect to any
11 individual, any agency, or any creditor of the obligor for
12 conduct in compliance with the notice.
13 (d) No payor shall discharge, discipline, refuse to hire
14 or otherwise penalize any obligor because of the duty to
15 withhold income.
16 (Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99;
17 91-677, eff. 1-5-00.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".