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91_SB1063 LRB9101195SMdvA 1 AN ACT regarding child support. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Comptroller Act is amended by 5 changing Section 10.05a as follows: 6 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a) 7 Sec. 10.05a. Deductions from Warrants and Payments for 8 Satisfaction of Past Due Child Support. At the direction of 9 the Department of Public Aid, the Comptroller shall deduct 10 from a warrant or other payment described in Section 10.05 of 11 this Act, in accordance with the procedures provided therein, 12 and pay over to the State Disbursement Unit established under 13 Section 10-26 of the Illinois Public Aid CodeDepartmentthat 14 amount certified as necessary to satisfy, in whole or in 15 part, past due support owed by a person on account of support 16 action being taken by the Department under Article X of The 17 Illinois Public Aid Code, whether or not such support is owed 18 to the State. Such deduction shall have priority over any 19 garnishment except that for payment of state or federal 20 taxes. In the case of joint payees, the Comptroller shall 21 deduct and pay over to the State Disbursement UnitDepartment22the entire amount certified. The Comptroller shall provide 23 the Department with the address to which the warrant or other 24 payment was to be mailed and the social security number of 25 each person from whom a deduction is made pursuant to this 26 Section. 27 (Source: P.A. 84-825.) 28 Section 10. The Civil Administrative Code of Illinois is 29 amended by changing Section 39b52 as follows: -2- LRB9101195SMdvA 1 (20 ILCS 2505/39b52) 2 Sec. 39b52. Collection of past due support. Upon 3 certification of past due child support amounts from the 4 Department of Public Aid, the Department of Revenue may 5 collect the delinquency in any manner authorized for the 6 collection of any tax administered by the Department of 7 Revenue. The Department of Revenue shall notify the 8 Department of Public Aid when the delinquency or any portion 9 of the delinquency has been collected under this Section. 10 Any child support delinquency collected by the Department of 11 Revenue, including those amounts that result in overpayment 12 of a child support delinquency, shall be paid to the State 13 Disbursement Unit established under Section 10-26 of the 14 Illinois Public Aid Codedeposited in, or transferred to, the15Child Support Enforcement Trust Fund. The Department of 16 Revenue may implement this Section through the use of 17 emergency rules in accordance with Section 5-45 of the 18 Illinois Administrative Procedure Act. For purposes of the 19 Illinois Administrative Procedure Act, the adoption of rules 20 to implement this Section shall be considered an emergency 21 and necessary for the public interest, safety, and welfare. 22 (Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.) 23 Section 15. The Illinois Income Tax Act is amended by 24 changing Section 901 as follows: 25 (35 ILCS 5/901) (from Ch. 120, par. 9-901) 26 Sec. 901. Collection Authority. 27 (a) In general. 28 The Department shall collect the taxes imposed by this 29 Act. The Department shall collect certified past due child 30 support amounts under Section 39b52 of the Civil 31 Administrative Code of Illinois. Except as provided in 32 subsections (c) and (e) of this Section, money collected -3- LRB9101195SMdvA 1 pursuant to subsections (a) and (b) of Section 201 of this 2 Act shall be paid into the General Revenue Fund in the State 3 treasury; money collected pursuant to subsections (c) and (d) 4 of Section 201 of this Act shall be paid into the Personal 5 Property Tax Replacement Fund, a special fund in the State 6 Treasury; and money collected under Section 39b52 of the 7 Civil Administrative Code of Illinois shall be paid to the 8 State Disbursement Unit established under Section 10-26 of 9 the Illinois Public Aid Codeinto the Child Support10Enforcement Trust Fund, a special fund outside the State11Treasury. 12 (b) Local Governmental Distributive Fund. 13 Beginning August 1, 1969, and continuing through June 30, 14 1994, the Treasurer shall transfer each month from the 15 General Revenue Fund to a special fund in the State treasury, 16 to be known as the "Local Government Distributive Fund", an 17 amount equal to 1/12 of the net revenue realized from the tax 18 imposed by subsections (a) and (b) of Section 201 of this Act 19 during the preceding month. Beginning July 1, 1994, and 20 continuing through June 30, 1995, the Treasurer shall 21 transfer each month from the General Revenue Fund to the 22 Local Government Distributive Fund an amount equal to 1/11 of 23 the net revenue realized from the tax imposed by subsections 24 (a) and (b) of Section 201 of this Act during the preceding 25 month. Beginning July 1, 1995, the Treasurer shall transfer 26 each month from the General Revenue Fund to the Local 27 Government Distributive Fund an amount equal to 1/10 of the 28 net revenue realized from the tax imposed by subsections (a) 29 and (b) of Section 201 of the Illinois Income Tax Act during 30 the preceding month. Net revenue realized for a month shall 31 be defined as the revenue from the tax imposed by subsections 32 (a) and (b) of Section 201 of this Act which is deposited in 33 the General Revenue Fund, the Educational Assistance Fund and 34 the Income Tax Surcharge Local Government Distributive Fund -4- LRB9101195SMdvA 1 during the month minus the amount paid out of the General 2 Revenue Fund in State warrants during that same month as 3 refunds to taxpayers for overpayment of liability under the 4 tax imposed by subsections (a) and (b) of Section 201 of this 5 Act. 6 (c) Deposits Into Income Tax Refund Fund. 7 (1) Beginning on January 1, 1989 and thereafter, 8 the Department shall deposit a percentage of the amounts 9 collected pursuant to subsections (a) and (b)(1), (2), 10 and (3), of Section 201 of this Act into a fund in the 11 State treasury known as the Income Tax Refund Fund. The 12 Department shall deposit 6% of such amounts during the 13 period beginning January 1, 1989 and ending on June 30, 14 1989. Beginning with State fiscal year 1990 and for each 15 fiscal year thereafter, the percentage deposited into the 16 Income Tax Refund Fund during a fiscal year shall be the 17 Annual Percentage. For fiscal years 1999 through 2001, 18 the Annual Percentage shall be 7.1%. For all other 19 fiscal years, the Annual Percentage shall be calculated 20 as a fraction, the numerator of which shall be the amount 21 of refunds approved for payment by the Department during 22 the preceding fiscal year as a result of overpayment of 23 tax liability under subsections (a) and (b)(1), (2), and 24 (3) of Section 201 of this Act plus the amount of such 25 refunds remaining approved but unpaid at the end of the 26 preceding fiscal year, the denominator of which shall be 27 the amounts which will be collected pursuant to 28 subsections (a) and (b)(1), (2), and (3) of Section 201 29 of this Act during the preceding fiscal year. The 30 Director of Revenue shall certify the Annual Percentage 31 to the Comptroller on the last business day of the fiscal 32 year immediately preceding the fiscal year for which it 33 is to be effective. 34 (2) Beginning on January 1, 1989 and thereafter, -5- LRB9101195SMdvA 1 the Department shall deposit a percentage of the amounts 2 collected pursuant to subsections (a) and (b)(6), (7), 3 and (8), (c) and (d) of Section 201 of this Act into a 4 fund in the State treasury known as the Income Tax Refund 5 Fund. The Department shall deposit 18% of such amounts 6 during the period beginning January 1, 1989 and ending on 7 June 30, 1989. Beginning with State fiscal year 1990 and 8 for each fiscal year thereafter, the percentage deposited 9 into the Income Tax Refund Fund during a fiscal year 10 shall be the Annual Percentage. For fiscal years 1999, 11 2000, and 2001, the Annual Percentage shall be 19%. For 12 all other fiscal years, the Annual Percentage shall be 13 calculated as a fraction, the numerator of which shall be 14 the amount of refunds approved for payment by the 15 Department during the preceding fiscal year as a result 16 of overpayment of tax liability under subsections (a) and 17 (b)(6), (7), and (8), (c) and (d) of Section 201 of this 18 Act plus the amount of such refunds remaining approved 19 but unpaid at the end of the preceding fiscal year, the 20 denominator of which shall be the amounts which will be 21 collected pursuant to subsections (a) and (b)(6), (7), 22 and (8), (c) and (d) of Section 201 of this Act during 23 the preceding fiscal year. The Director of Revenue shall 24 certify the Annual Percentage to the Comptroller on the 25 last business day of the fiscal year immediately 26 preceding the fiscal year for which it is to be 27 effective. 28 (d) Expenditures from Income Tax Refund Fund. 29 (1) Beginning January 1, 1989, money in the Income 30 Tax Refund Fund shall be expended exclusively for the 31 purpose of paying refunds resulting from overpayment of 32 tax liability under Section 201 of this Act and for 33 making transfers pursuant to this subsection (d). 34 (2) The Director shall order payment of refunds -6- LRB9101195SMdvA 1 resulting from overpayment of tax liability under Section 2 201 of this Act from the Income Tax Refund Fund only to 3 the extent that amounts collected pursuant to Section 201 4 of this Act and transfers pursuant to this subsection (d) 5 have been deposited and retained in the Fund. 6 (3) As soon as possible after the end of each 7 fiscal year, the Director shall order transferred and the 8 State Treasurer and State Comptroller shall transfer from 9 the Income Tax Refund Fund to the Personal Property Tax 10 Replacement Fund an amount, certified by the Director to 11 the Comptroller, equal to the excess of the amount 12 collected pursuant to subsections (c) and (d) of Section 13 201 of this Act deposited into the Income Tax Refund Fund 14 during the fiscal year over the amount of refunds 15 resulting from overpayment of tax liability under 16 subsections (c) and (d) of Section 201 of this Act paid 17 from the Income Tax Refund Fund during the fiscal year. 18 (4) As soon as possible after the end of each 19 fiscal year, the Director shall order transferred and the 20 State Treasurer and State Comptroller shall transfer from 21 the Personal Property Tax Replacement Fund to the Income 22 Tax Refund Fund an amount, certified by the Director to 23 the Comptroller, equal to the excess of the amount of 24 refunds resulting from overpayment of tax liability under 25 subsections (c) and (d) of Section 201 of this Act paid 26 from the Income Tax Refund Fund during the fiscal year 27 over the amount collected pursuant to subsections (c) and 28 (d) of Section 201 of this Act deposited into the Income 29 Tax Refund Fund during the fiscal year. 30 (4.5) As soon as possible after the end of fiscal 31 year 1999 and of each fiscal year thereafter, the 32 Director shall order transferred and the State Treasurer 33 and State Comptroller shall transfer from the Income Tax 34 Refund Fund to the General Revenue Fund any surplus -7- LRB9101195SMdvA 1 remaining in the Income Tax Refund Fund as of the end of 2 such fiscal year. 3 (5) This Act shall constitute an irrevocable and 4 continuing appropriation from the Income Tax Refund Fund 5 for the purpose of paying refunds upon the order of the 6 Director in accordance with the provisions of this 7 Section. 8 (e) Deposits into the Education Assistance Fund and the 9 Income Tax Surcharge Local Government Distributive Fund. 10 On July 1, 1991, and thereafter, of the amounts collected 11 pursuant to subsections (a) and (b) of Section 201 of this 12 Act, minus deposits into the Income Tax Refund Fund, the 13 Department shall deposit 7.3% into the Education Assistance 14 Fund in the State Treasury. Beginning July 1, 1991, and 15 continuing through January 31, 1993, of the amounts collected 16 pursuant to subsections (a) and (b) of Section 201 of the 17 Illinois Income Tax Act, minus deposits into the Income Tax 18 Refund Fund, the Department shall deposit 3.0% into the 19 Income Tax Surcharge Local Government Distributive Fund in 20 the State Treasury. Beginning February 1, 1993 and 21 continuing through June 30, 1993, of the amounts collected 22 pursuant to subsections (a) and (b) of Section 201 of the 23 Illinois Income Tax Act, minus deposits into the Income Tax 24 Refund Fund, the Department shall deposit 4.4% into the 25 Income Tax Surcharge Local Government Distributive Fund in 26 the State Treasury. Beginning July 1, 1993, and continuing 27 through June 30, 1994, of the amounts collected under 28 subsections (a) and (b) of Section 201 of this Act, minus 29 deposits into the Income Tax Refund Fund, the Department 30 shall deposit 1.475% into the Income Tax Surcharge Local 31 Government Distributive Fund in the State Treasury. 32 (Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98; 33 90-655, eff. 7-30-98.) -8- LRB9101195SMdvA 1 Section 20. The Illinois Public Aid Code is amended by 2 changing Sections 10-8, 10-10, 10-16, 10-17.9, 10-19, 12-9, 3 and 12-10.2 and by adding Sections 10-10.4, 10-26, and 12-8.1 4 as follows: 5 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8) 6 Sec. 10-8. Support Payments - Partial Support - Full 7 Support.) The notice to responsible relatives issued 8 pursuant to Section 10-7 shall direct payment (a) to the 9 Illinois Department in cases of applicants and recipients 10 under Articles III, IV, V and VII, (b) except as provided in 11 Section 10-3.1, to the local governmental unit in the case of 12 applicants and recipients under Article VI, and (c) to the 13 Illinois Department in cases of non-applicants and 14 non-recipients given access to the child and spouse support 15 services of this Article, as provided by Section 10-1. 16 However, if the support payments by responsible relatives are 17 sufficient to meet needs of a recipient in full, including 18 current and anticipated medical needs, and the Illinois 19 Department or the local governmental unit, as the case may 20 be, has reasonable grounds to believe that such needs will 21 continue to be provided in full by the responsible relatives, 22 the relatives may be directed to make subsequent support 23 payments to the needy person or to some person or agency in 24 his behalf and the recipient shall be removed from the rolls. 25 In such instance the recipient also shall be notified by 26 registered or certified mail of the action taken. If a 27 recipient removed from the rolls requests the Illinois 28 Department to continue to collect the support payments in his 29 behalf, the Department, at its option, may do so and pay 30 amounts so collected to the person. The Department may 31 provide for deducting any costs incurred by it in making the 32 collection from the amount of any recovery made and pay only 33 the net amount to the person. -9- LRB9101195SMdvA 1 Except for payments to the State Disbursement Unit 2 established under Section 10-26 of this Code, payments under 3 this Section to the Illinois Department pursuant to the Child 4 Support Enforcement Program established by Title IV-D of the 5 Social Security Act shall be paid into the Child Support 6 Enforcement Trust Fund. All other payments under this Section 7 to the Illinois Department shall be deposited in the Public 8 Assistance Recoveries Trust Fund. Disbursements from these 9 funds shall be as provided in Sections 12-9 and 12-10.2 of 10 this Code. Payments received by a local governmental unit 11 shall be deposited in that unit's General Assistance Fund. 12 (Source: P.A. 83-1126.) 13 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10) 14 Sec. 10-10. Court enforcement; applicability also to 15 persons who are not applicants or recipients. Except where 16 the Illinois Department, by agreement, acts for the local 17 governmental unit, as provided in Section 10-3.1, local 18 governmental units shall refer to the State's Attorney or to 19 the proper legal representative of the governmental unit, for 20 judicial enforcement as herein provided, instances of 21 non-support or insufficient support when the dependents are 22 applicants or recipients under Article VI. The Child and 23 Spouse Support Unit established by Section 10-3.1 may 24 institute in behalf of the Illinois Department any actions 25 under this Section for judicial enforcement of the support 26 liability when the dependents are (a) applicants or 27 recipients under Articles III, IV, V or VII (b) applicants or 28 recipients in a local governmental unit when the Illinois 29 Department, by agreement, acts for the unit; or (c) 30 non-applicants or non-recipients who are receiving support 31 enforcement services under this Article X, as provided in 32 Section 10-1. Where the Child and Spouse Support Unit has 33 exercised its option and discretion not to apply the -10- LRB9101195SMdvA 1 provisions of Sections 10-3 through 10-8, the failure by the 2 Unit to apply such provisions shall not be a bar to bringing 3 an action under this Section. 4 Action shall be brought in the circuit court to obtain 5 support, or for the recovery of aid granted during the period 6 such support was not provided, or both for the obtainment of 7 support and the recovery of the aid provided. Actions for 8 the recovery of aid may be taken separately or they may be 9 consolidated with actions to obtain support. Such actions 10 may be brought in the name of the person or persons requiring 11 support, or may be brought in the name of the Illinois 12 Department or the local governmental unit, as the case 13 requires, in behalf of such persons. 14 The court may enter such orders for the payment of moneys 15 for the support of the person as may be just and equitable 16 and may direct payment thereof for such period or periods of 17 time as the circumstances require, including support for a 18 period before the date the order for support is entered. The 19 order may be entered against any or all of the defendant 20 responsible relatives and may be based upon the proportionate 21 ability of each to contribute to the person's support. 22 The Court shall determine the amount of child support 23 (including child support for a period before the date the 24 order for child support is entered) by using the guidelines 25 and standards set forth in subsection (a) of Section 505 and 26 in Section 505.2 of the Illinois Marriage and Dissolution of 27 Marriage Act. For purposes of determining the amount of child 28 support to be paid for a period before the date the order for 29 child support is entered, there is a rebuttable presumption 30 that the responsible relative's net income for that period 31 was the same as his or her net income at the time the order 32 is entered. 33 An order entered under this Section shall include a 34 provision requiring the obligor to report to the obligee and -11- LRB9101195SMdvA 1 to the clerk of court within 10 days each time the obligor 2 obtains new employment, and each time the obligor's 3 employment is terminated for any reason. The report shall be 4 in writing and shall, in the case of new employment, include 5 the name and address of the new employer. Failure to report 6 new employment or the termination of current employment, if 7 coupled with nonpayment of support for a period in excess of 8 60 days, is indirect criminal contempt. For any obligor 9 arrested for failure to report new employment bond shall be 10 set in the amount of the child support that should have been 11 paid during the period of unreported employment. An order 12 entered under this Section shall also include a provision 13 requiring the obligor and obligee parents to advise each 14 other of a change in residence within 5 days of the change 15 except when the court finds that the physical, mental, or 16 emotional health of a party or that of a minor child, or 17 both, would be seriously endangered by disclosure of the 18 party's address. 19 The Court shall determine the amount of maintenance using 20 the standards set forth in Section 504 of the Illinois 21 Marriage and Dissolution of Marriage Act. 22 Any new or existing support order entered by the court 23 under this Section shall be deemed to be a series of 24 judgments against the person obligated to pay support 25 thereunder, each such judgment to be in the amount of each 26 payment or installment of support and each such judgment to 27 be deemed entered as of the date the corresponding payment or 28 installment becomes due under the terms of the support order. 29 Each such judgment shall have the full force, effect and 30 attributes of any other judgment of this State, including the 31 ability to be enforced. Any such judgment is subject to 32 modification or termination only in accordance with Section 33 510 of the Illinois Marriage and Dissolution of Marriage Act. 34 A lien arises by operation of law against the real and -12- LRB9101195SMdvA 1 personal property of the noncustodial parent for each 2 installment of overdue support owed by the noncustodial 3 parent. 4 When an order is entered for the support of a minor, the 5 court may provide therein for reasonable visitation of the 6 minor by the person or persons who provided support pursuant 7 to the order. Whoever willfully refuses to comply with such 8 visitation order or willfully interferes with its enforcement 9 may be declared in contempt of court and punished therefor. 10 Except where the local governmental unit has entered into 11 an agreement with the Illinois Department for the Child and 12 Spouse Support Unit to act for it, as provided in Section 13 10-3.1, support orders entered by the court in cases 14 involving applicants or recipients under Article VI shall 15 provide that payments thereunder be made directly to the 16 local governmental unit. Orders for the support of all other 17 applicants or recipients shall provide that payments 18 thereunder be made directly to the Illinois Department. In 19 accordance with federal law and regulations, the Illinois 20 Department may continue to collect current maintenance 21 payments or child support payments, or both, after those 22 persons cease to receive public assistance and until 23 termination of services under Article X. The Illinois 24 Department shall pay the net amount collected to those 25 persons after deducting any costs incurred in making the 26 collection or any collection fee from the amount of any 27 recovery made. In both cases the order shall permit the 28 local governmental unit or the Illinois Department, as the 29 case may be, to direct the responsible relative or relatives 30 to make support payments directly to the needy person, or to 31 some person or agency in his behalf, upon removal of the 32 person from the public aid rolls or upon termination of 33 services under Article X. 34 If the notice of support due issued pursuant to Section -13- LRB9101195SMdvA 1 10-7 directs that support payments be made directly to the 2 needy person, or to some person or agency in his behalf, and 3 the recipient is removed from the public aid rolls, court 4 action may be taken against the responsible relative 5 hereunder if he fails to furnish support in accordance with 6 the terms of such notice. 7 Actions may also be brought under this Section in behalf 8 of any person who is in need of support from responsible 9 relatives, as defined in Section 2-11 of Article II who is 10 not an applicant for or recipient of financial aid under this 11 Code. In such instances, the State's Attorney of the county 12 in which such person resides shall bring action against the 13 responsible relatives hereunder. If the Illinois Department, 14 as authorized by Section 10-1, extends the support services 15 provided by this Article to spouses and dependent children 16 who are not applicants or recipients under this Code, the 17 Child and Spouse Support Unit established by Section 10-3.1 18 shall bring action against the responsible relatives 19 hereunder and any support orders entered by the court in such 20 cases shall provide that payments thereunder be made directly 21 to the Illinois Department. 22 Whenever it is determined in a proceeding to establish or 23 enforce a child support or maintenance obligation that the 24 person owing a duty of support is unemployed, the court may 25 order the person to seek employment and report periodically 26 to the court with a diary, listing or other memorandum of his 27 or her efforts in accordance with such order. Additionally, 28 the court may order the unemployed person to report to the 29 Department of Employment Security for job search services or 30 to make application with the local Jobs Training Partnership 31 Act provider for participation in job search, training or 32 work programs and where the duty of support is owed to a 33 child receiving support services under this Article X, the 34 court may order the unemployed person to report to the -14- LRB9101195SMdvA 1 Illinois Department for participation in job search, training 2 or work programs established under Section 9-6 and Article 3 IXA of this Code. 4 Whenever it is determined that a person owes past-due 5 support for a child receiving assistance under this Code, the 6 court shall order at the request of the Illinois Department: 7 (1) that the person pay the past-due support in 8 accordance with a plan approved by the court; or 9 (2) if the person owing past-due support is 10 unemployed, is subject to such a plan, and is not 11 incapacitated, that the person participate in such job 12 search, training, or work programs established under 13 Section 9-6 and Article IXA of this Code as the court 14 deems appropriate. 15 A determination under this Section shall not be 16 administratively reviewable by the procedures specified in 17 Sections 10-12, and 10-13 to 10-13.10. Any determination 18 under these Sections, if made the basis of court action under 19 this Section, shall not affect the de novo judicial 20 determination required under this Section. 21 A one-time charge of 20% is imposable upon the amount of 22 past-due child support owed on July 1, 1988 which has accrued 23 under a support order entered by the court. The charge shall 24 be imposed in accordance with the provisions of Section 10-21 25 of this Code and shall be enforced by the court upon 26 petition. 27 All orders for support, when entered or modified, shall 28 include a provision requiring the non-custodial parent to 29 notify the court and, in cases in which a party is receiving 30 child and spouse support services under this Article X, the 31 Illinois Department, within 7 days, (i) of the name, address, 32 and telephone number of any new employer of the non-custodial 33 parent, (ii) whether the non-custodial parent has access to 34 health insurance coverage through the employer or other group -15- LRB9101195SMdvA 1 coverage and, if so, the policy name and number and the names 2 of persons covered under the policy, and (iii) of any new 3 residential or mailing address or telephone number of the 4 non-custodial parent. In any subsequent action to enforce a 5 support order, upon a sufficient showing that a diligent 6 effort has been made to ascertain the location of the 7 non-custodial parent, service of process or provision of 8 notice necessary in the case may be made at the last known 9 address of the non-custodial parent in any manner expressly 10 provided by the Code of Civil Procedure or this Code, which 11 service shall be sufficient for purposes of due process. 12in accordance with the Income Withholding for Support Act13 An order for support shall include a date on which the 14 current support obligation terminates. The termination date 15 shall be no earlier than the date on which the child covered 16 by the order will attain the age of majority or is otherwise 17 emancipated. The order for support shall state that the 18 termination date does not apply to any arrearage that may 19 remain unpaid on that date. Nothing in this paragraph shall 20 be construed to prevent the court from modifying the order. 21 Upon notification in writing or by electronic 22 transmission from the Illinois Department to the clerk of the 23 court that a person who is receiving support payments under 24 this Section is receiving services under the Child Support 25 Enforcement Program established by Title IV-D of the Social 26 Security Act, any support payments subsequently received by 27 the clerk of the court shall be transmitted in accordance 28 with the instructions of the Illinois Department until the 29 Illinois Department gives notice to the clerk of the court to 30 cease the transmittal. After providing the notification 31 authorized under this paragraph, the Illinois Department 32 shall be entitled as a party to notice of any further 33 proceedings in the case. The clerk of the court shall file a 34 copy of the Illinois Department's notification in the court -16- LRB9101195SMdvA 1 file. The clerk's failure to file a copy of the 2 notification in the court file shall not, however, affect the 3 Illinois Department's right to receive notice of further 4 proceedings. 5 Except for payments to the State Disbursement Unit 6 established under Section 10-26 of this Code, payments under 7 this Section to the Illinois Department pursuant to the Child 8 Support Enforcement Program established by Title IV-D of the 9 Social Security Act shall be paid into the Child Support 10 Enforcement Trust Fund. All other payments under this Section 11 to the Illinois Department shall be deposited in the Public 12 Assistance Recoveries Trust Fund. Disbursements from these 13 funds shall be as provided in Sections 12-9 and 12-10.2 of 14 this Code. Payments received by a local governmental unit 15 shall be deposited in that unit's General Assistance Fund. 16 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 17 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff. 18 8-14-98; revised 9-14-98.) 19 (305 ILCS 5/10-10.4 new) 20 Sec. 10-10.4. Payment of Support to State Disbursement 21 Unit. 22 (a) As used in this Section: 23 "Order for support", "obligor", "obligee", and "payor" 24 mean those terms as defined in the Income Withholding for 25 Support Act. 26 (b) Notwithstanding any other provision of this Code to 27 the contrary, each court or administrative order for support 28 entered or modified on or after October 1, 1999 shall require 29 that support payments be made to the State Disbursement Unit 30 established under Section 10-26 if: 31 (1) a party to the order is receiving child and 32 spouse support services under this Article X; or 33 (2) no party to the order is receiving child and -17- LRB9101195SMdvA 1 spouse support services, but the support payments are 2 made through income withholding. 3 (c) The Illinois Department shall provide notice to the 4 obligor and, where applicable, to the obligor's payor to make 5 support payments to the State Disbursement Unit if: 6 (1) the order for support was entered before 7 October 1, 1999, and a party to the order is receiving 8 child and spouse support services under this Article X; 9 or 10 (2) the order for support was entered before 11 October 1, 1999, no party to the order is receiving child 12 and spouse support services, and the support payments are 13 being made through income withholding. 14 (d) The notice required under subsection (c) may be sent 15 by ordinary mail, certified mail, return receipt requested, 16 facsimile transmission, or other electronic process, or may 17 be served upon the obligor or payor using any method provided 18 by law for service of a summons. A copy of the notice shall 19 be provided to the obligee and, when the order for support 20 was entered by the court, to the clerk of the court. The 21 clerk shall file the clerk's copy of the notice in the court 22 file. 23 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16) 24 Sec. 10-16. Judicial enforcement of court and 25 administrative support orders.) Court orders entered in 26 proceedings under Section 10-10 and court orders for 27 enforcement of an administrative order under Section 10-15 28 and for the payment of money may be enforced by attachment as 29 for contempt against the persons of the defendants, and in 30 addition, as other judgments for the payment of money, and 31 costs may be adjudged against the defendants and apportioned 32 among them; but if the complaint is dismissed, costs shall be 33 borne by the Illinois Department or the local governmental -18- LRB9101195SMdvA 1 unit, as the case may be. If a responsible relative is 2 directed by the Illinois Department, or the local 3 governmental unit, under the conditions stated in Section 4 10-8, to make support payments directly to the person, or to 5 some person or agency in his behalf, the court order entered 6 against him under this Section or Section 10-10 may be 7 enforced as herein provided if he thereafter fails to furnish 8 support in accordance with its terms. The State of Illinois 9 shall not be required to make a deposit for or pay any costs 10 or fees of any court or officer thereof in any proceeding 11 instituted under this Section. 12 The provisions of the Civil Practice Law, and all 13 amendments and modifications thereof, shall apply to and 14 govern all actions instituted under this Section and Section 15 10-10. In such actions proof that a person is an applicant 16 for or recipient of public aid under any Article of this Code 17 shall be prima facie proof that he is a person in necessitous 18 circumstances by reason of infirmity, unemployment or other 19 cause depriving him of the means of a livelihood compatible 20 with health and well-being. 21 Except for payments to the State Disbursement Unit 22 established under Section 10-26 of this Code, payments under 23 this Section to the Illinois Department pursuant to the Child 24 Support Enforcement Program established by Title IV-D of the 25 Social Security Act shall be paid into the Child Support 26 Enforcement Trust Fund. All other payments under this Section 27 to the Illinois Department shall be deposited in the Public 28 Assistance Recoveries Trust Fund. Disbursements from these 29 funds shall be as provided in Sections 12-9 and 12-10.2 of 30 this Code. Payments received by a local governmental unit 31 shall be deposited in that unit's General Assistance Fund. 32 In addition to the penalties or punishment that may be 33 imposed under this Section, any person whose conduct 34 constitutes a violation of Section 1 of the Non-Support of -19- LRB9101195SMdvA 1 Spouse and Children Act may be prosecuted under that Section, 2 and a person convicted under that Section may be sentenced in 3 accordance with that Section. The sentence may include but 4 need not be limited to a requirement that the person perform 5 community service under subsection (b) of that Section or 6 participate in a work alternative program under subsection 7 (c) of that Section. A person may not be required to 8 participate in a work alternative program under subsection 9 (c) of that Section if the person is currently participating 10 in a work program pursuant to Section 10-11.1 of this Code. 11 (Source: P.A. 90-733, eff. 8-11-98.) 12 (305 ILCS 5/10-17.9) 13 Sec. 10-17.9. Past due support information to State 14 Department of Revenue. 15 (a) The Illinois Department may provide by rule for 16 certification to the Illinois Department of Revenue of past 17 due support owed by responsible relatives under a support 18 order entered by a court or administrative body of this or 19 any other State on behalf of resident or non-resident 20 persons. The rule shall provide for notice to and an 21 opportunity to be heard by each responsible relative 22 affected. Any final administrative decision rendered by the 23 Department shall be reviewed only under and in accordance 24 with the Administrative Review Law. A responsible relative 25 may avoid certification to the Illinois Department of Revenue 26 by establishing a satisfactory repayment record as determined 27 by the Illinois Department of Public Aid. 28 (b) A certified past due support amount shall be final. 29 The certified amount shall be payable to the Illinois 30 Department of Revenue upon written notification of the 31 certification to the responsible relative by the Illinois 32 Department of Revenue. 33 (c) In the event a responsible relative overpays -20- LRB9101195SMdvA 1 pursuant to collection under this Section and the applicable 2 Sections of the Illinois Income Tax Act, the overpayment 3 shall be a credit against future support obligations. If the 4 current support obligation of the responsible relative has 5 terminated under operation of law or court order, any moneys 6 overpaid but still in the possession of the Department shall 7 be promptly returned to the responsible relative. 8 (d) Except as otherwise provided in this Article, any 9 child support delinquency certified to the Illinois 10 Department of Revenue shall be treated as a child support 11 delinquency for all other purposes, and any collection action 12 by the State's Attorney or the Illinois Department of Revenue 13 with respect to any delinquency certified under this Article 14 shall have the same priority against attachment, execution, 15 assignment, or other collection action as is provided by any 16 other provision of State law. 17 (e) Any child support delinquency collected by the 18 Illinois Department of Revenue, including those amounts that 19 result in overpayment of a child support delinquency, shall 20 be paid to the State Disbursement Unit established under 21 Section 10-26deposited in, or transferred to, the Child22Support Enforcement Trust Fund. 23 (Source: P.A. 89-6, eff. 12-31-95.) 24 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19) 25 Sec. 10-19.(Support payments ordered under other laws; 26 where deposited.)The Illinois Department and local 27 governmental units are authorized to receive payments 28 directed by court order for the support of recipients, as 29 provided in the following Acts: 30 1. "Non-Support of Spouse and Children Act", approved 31 June 24, 1915, as amended, 32 2. "Illinois Marriage and Dissolution of Marriage Act", 33 as now or hereafter amended, -21- LRB9101195SMdvA 1 3. The Illinois Parentage Act, as amended, 2 4. "Revised Uniform Reciprocal Enforcement of Support 3 Act", approved August 28, 1969, as amended, 4 5. The Juvenile Court Act or the Juvenile Court Act of 5 1987, as amended, 6 6. The "Unified Code of Corrections", approved July 26, 7 1972, as amended, 8 7. Part 7 of Article XII of the Code of Civil Procedure, 9 as amended, 10 8. Part 8 of Article XII of the Code of Civil Procedure, 11 as amended, and 12 9. Other laws which may provide by judicial order for 13 direct payment of support moneys. 14 Except for payments to the State Disbursement Unit 15 established under Section 10-26 of this Code, payments under 16 this Section to the Illinois Department pursuant to the Child 17 Support Enforcement Program established by Title IV-D of the 18 Social Security Act shall be paid into the Child Support 19 Enforcement Trust Fund. All other payments under this Section 20 to the Illinois Department shall be deposited in the Public 21 Assistance Recoveries Trust Fund. Disbursements from these 22 funds shall be as provided in Sections 12-9 and 12-10.2 of 23 this Code. Payments received by a local governmental unit 24 shall be deposited in that unit's General Assistance Fund. 25 (Source: P.A. 86-1028.) 26 (305 ILCS 5/10-26 new) 27 Sec. 10-26. State Disbursement Unit. 28 (a) Effective October 1, 1999 the Illinois Department 29 shall establish a State Disbursement Unit in accordance with 30 the requirements of Title IV-D of the Social Security Act. 31 The State Disbursement Unit may be located within the 32 Illinois Department's Child and Spouse Support Unit, or the 33 Illinois Department may enter into an agreement with a State -22- LRB9101195SMdvA 1 or local governmental unit or private entity to perform the 2 functions of the State Disbursement Unit as set forth in this 3 Section. The purpose of the State Disbursement Unit shall be 4 to collect and disburse support payments made under court and 5 administrative support orders: 6 (1) being enforced in cases in which child and 7 spouse support services are being provided under this 8 Article X; and 9 (2) in all cases in which child and spouse support 10 services are not being provided under this Article X, but 11 in which support payments are made under the provisions 12 of the Income Withholding for Support Act. 13 (b) In the event the State Disbursement Unit is located 14 within the Illinois Department's Child and Spouse Support 15 Unit, and notwithstanding any other provision of law 16 requiring deposit of support payments into the Child Support 17 Enforcement Trust Fund, all payments received by the State 18 Disbursement Unit shall be deposited into the State 19 Disbursement Unit Revolving Fund established under Section 20 12-8.1 and distributed and disbursed in accordance with the 21 provisions of Title IV-D of the Social Security Act and rules 22 promulgated by the Department. 23 (c) In the event a State or local governmental unit or 24 private entity performs the functions of the State 25 Disbursement Unit under an agreement with the Illinois 26 Department, all payments received by the State Disbursement 27 Unit: 28 (1) shall be deposited into an account obtained by 29 the State or local governmental unit or private entity, 30 as the case may be, and 31 (2) distributed and disbursed by the State 32 Disbursement Unit, in accordance with the directions of 33 the Illinois Department, pursuant to Title IV-D of the 34 Social Security Act and rules promulgated by the -23- LRB9101195SMdvA 1 Department. 2 (d) All support payments assigned to the Illinois 3 Department under Article X of this Code and rules promulgated 4 by the Illinois Department that are disbursed to the Illinois 5 Department by the State Disbursement Unit shall be paid into 6 in the Child Support Enforcement Trust Fund. 7 (305 ILCS 5/12-8.1 new) 8 Sec. 12-8.1. State Disbursement Unit Revolving Fund. 9 (a) There is created a revolving fund to be known as the 10 State Disbursement Unit Revolving Fund, to be held by the 11 Illinois Department for the following purposes: 12 (1) the deposit of all support payments received by 13 the Illinois Department's State Disbursement Unit; and 14 (2) the disbursement of such payments in accordance 15 with the provisions of Title IV-D of the Social Security 16 Act and rules promulgated by the Department. 17 (b) The provisions of this Section shall apply only in 18 the event the State Disbursement Unit is located within the 19 Illinois Department's Child and Spouse Support Unit under the 20 provisions of Section 10-26. 21 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9) 22 Sec. 12-9. Public Assistance Recoveries Trust Fund; 23 uses. The Public Assistance Recoveries Trust Fund shall 24 consist of recoveries authorized by this Code in respect to 25 applicants or recipients under Articles III, IV, V, VI and 26 VII, including recoveries from the estates of deceased 27 recipients, and payments received by the Illinois Department 28 under Sections 10-3.1, 10-8, 10-10, 10-16, and 10-19 except 29 those pursuant to the Child Support Enforcement Program 30 established by Title IV-D of the Social Security Act and 31 required to be paid to the State Disbursement Unit 32 established under Section 10-26 of this Code or into the -24- LRB9101195SMdvA 1 Child Support Enforcement Trust Fund under Section 12-10.2 of 2 this Code, that are required by such Sections to be paid into 3 the Public Assistance Recoveries Trust Fund. Until July 1, 4 1998, this fund shall be held by the State treasurer as 5 ex-officio custodian outside the State treasury. After June 6 30, 1998, the fund shall be held as a special fund in the 7 State treasury. 8 Disbursements from this fund shall be only (1) for the 9 reimbursement of claims collected by the Illinois Department 10 through error or mistake, (2) for payment to persons or 11 agencies designated as payees or co-payees on any instrument, 12 whether or not negotiable, delivered to the Illinois 13 Department as a recovery under this Section, such payment to 14 be in proportion to the respective interests of the payees in 15 the amount so collected, (3) for payments to non-recipients, 16 or to former recipients of financial aid of the collections 17 which are made in their behalf under Article X except those 18 pursuant to the Child Support Enforcement Program established 19 by Title IV-D of the Social Security Act required to be paid 20 from the State Disbursement Unit Revolving Fund under Section 21 12-8.1 of this Code or from the Child Support Enforcement 22 Trust Fund under Section 12-10.2 of this Code, (4) for 23 payment to local governmental units of support payments 24 collected by the Illinois Department pursuant to an agreement 25 under Section 10-3.1, (5) for payment of administrative 26 expenses incurred in performing the activities authorized by 27 Article X except those pursuant to the Child Support 28 Enforcement Program established by Title IV-D of the Social 29 Security Act required to be paid from the Child Support 30 Enforcement Trust Fund under Section 12-10.2 of this Code, 31 (6) for payment of fees to persons or agencies in the 32 performance of activities pursuant to the collection of 33 monies owed the State except those monies pursuant to the 34 Child Support Enforcement Program established by Title IV-D -25- LRB9101195SMdvA 1 of the Social Security Act required to be paid from the Child 2 Support Enforcement Trust Fund under Section 12-10.2 of this 3 Code, (7) for payments of any amounts which are reimbursable 4 to the Federal government which are required to be paid by 5 State warrant by either the State or Federal government and 6 (8) for disbursements to attorneys or advocates for legal 7 representation in an appeal of any claim for federal 8 Supplemental Security Income benefits before an 9 administrative law judge as provided for in Section 3-13 of 10 this Code. Until July 1, 1998, disbursements from this fund 11 shall be by warrants drawn by the State Comptroller as 12 receipt of vouchers duly executed and certified by the 13 Illinois Department. After June 30, 1998, disbursements from 14 this fund for purposes of items (5), (6), and (8) of this 15 paragraph shall be subject to appropriations from the fund to 16 the Illinois Department. 17 The balance in this fund on the first day of each 18 calendar quarter, after payment therefrom of any amounts 19 reimbursable to the Federal Government, and minus the amount 20 reasonably anticipated to be needed to make the disbursements 21 during that quarter authorized by this Section, shall be 22 certified by the Director of the Illinois Department and 23 transferred by the State Comptroller to the General Revenue 24 Fund in the State Treasury within 30 days of the first day of 25 each calendar quarter. 26 (Source: P.A. 90-255, eff. 1-1-98.) 27 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2) 28 Sec. 12-10.2. The Child Support Enforcement Trust Fund, 29 to be held by the State Treasurer as ex-officio custodian 30 outside the State Treasury, pursuant to the Child Support 31 Enforcement Program established by Title IV-D of the Social 32 Security Act, shall consist of (1) all support payments 33 assigned to the Illinois Department under Article X of this -26- LRB9101195SMdvA 1 Code and rules promulgated by the Illinois Department that 2 are disbursed to the Illinois Department by the State 3 Disbursement Unit established under Section 10-26received by4the Illinois Department under Sections 10-8, 10-10, 10-16 and510-19 that are required by such Sections to be paid into the6Child Support Enforcement Trust Fund, and (2) all federal 7 grants received by the Illinois Department funded by Title 8 IV-D of the Social Security Act, except those federal funds 9 received under the Title IV-D program as reimbursement for 10 expenditures from the General Revenue Fund, and (3) incentive 11 payments received by the Illinois Department from other 12 states or political subdivisions of other states for the 13 enforcement and collection by the Department of an assigned 14 child support obligation in behalf of such other states or 15 their political subdivisions pursuant to the provisions of 16 Title IV-D of the Social Security Act, and (4) incentive 17 payments retained by the Illinois Department from the amounts 18 which otherwise would be paid to the Federal government to 19 reimburse the Federal government's share of the support 20 collection for the Department's enforcement and collection of 21 an assigned support obligation on behalf of the State of 22 Illinois pursuant to the provisions of Title IV-D of the 23 Social Security Act, and (5) all fees charged by the 24 Department for child support enforcement services, as 25 authorized under Title IV-D of the Social Security Act and 26 Section 10-1 of this Code, and any other fees, costs, fines, 27 recoveries, or penalties provided for by State or federal law 28 and received by the Department under the Child Support 29 Enforcement Program established by Title IV-D of the Social 30 Security Act, and (6) all amounts appropriated by the General 31 Assembly for deposit into the Fund. 32 Disbursements from this Fund shall be only for the 33 following purposes: (1) for the reimbursement of funds 34 received by the Illinois Department through error or mistake, -27- LRB9101195SMdvA 1 and (2) (blank)for payments to non-recipients, current2recipients and former recipients of financial aid of support3payments received on their behalf under Article X of this4Code, pursuant to the provisions of Title IV-D of the Social5Security Act and rules promulgated by the Department, and (3) 6 for payment of any administrative expenses, including payment 7 to the Health Insurance Reserve Fund for group insurance 8 costs at the rate certified by the Department of Central 9 Management Services, except those required to be paid from 10 the General Revenue Fund, including personal and contractual 11 services, incurred in performing the Title IV-D activities 12 authorized by Article X of this Code, and (4) for the 13 reimbursement of the Public Assistance Emergency Revolving 14 Fund for expenditures made from that Fund for payments to 15 former recipients of public aid for child support made to the 16 Illinois Department when the former public aid recipient is 17 legally entitled to all or part of the child support 18 payments, pursuant to the provisions of Title IV-D of the 19 Social Security Act, and (5) for the payment of incentive 20 amounts owed to other states or political subdivisions of 21 other states that enforce and collect an assigned support 22 obligation on behalf of the State of Illinois pursuant to the 23 provisions of Title IV-D of the Social Security Act, and (6) 24 for the payment of incentive amounts owed to political 25 subdivisions of the State of Illinois that enforce and 26 collect an assigned support obligation on behalf of the State 27 pursuant to the provisions of Title IV-D of the Social 28 Security Act, and (7) for payments of any amounts which are 29 reimbursable to the Federal government which are required to 30 be paid by State warrant by either the State or Federal 31 government. Disbursements from this Fund shall be by warrants 32 drawn by the State Comptroller on receipt of vouchers duly 33 executed and certified by the Illinois Department or any 34 other State agency that receives an appropriation from the -28- LRB9101195SMdvA 1 Fund. 2 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 3 90-18, eff. 7-1-97; 90-587, eff. 6-4-98.) 4 Section 25. The Illinois Marriage and Dissolution of 5 Marriage Act is amended by changing Sections 705 and 709 and 6 adding Section 507.1 as follows: 7 (750 ILCS 5/507.1 new) 8 Sec. 507.1. Payment of Support to State Disbursement 9 Unit. 10 (a) As used in this Section: 11 "Order for support", "obligor", "obligee", and "payor" 12 mean those terms as defined in the Income Withholding for 13 Support Act. 14 (b) Notwithstanding any other provision of this Act to 15 the contrary, each order for support entered or modified on 16 or after October 1, 1999 shall require that support payments 17 be made to the State Disbursement Unit established under 18 Section 10-26 of the Illinois Public Aid Code if: 19 (1) a party to the order is receiving child and 20 spouse support services under Article X of the Illinois 21 Public Aid Code; or 22 (2) no party to the order is receiving child and 23 spouse support services, but the support payments are 24 made through income withholding. 25 (c) The Illinois Department of Public Aid shall provide 26 notice to the obligor and, where applicable, to the obligor's 27 payor to make support payments to the State Disbursement Unit 28 if: 29 (1) the order for support was entered before 30 October 1, 1999, and a party to the order is receiving 31 child and spouse support services under Article X of the 32 Illinois Public Aid Code; or -29- LRB9101195SMdvA 1 (2) the order for support was entered before 2 October 1, 1999, no party to the order is receiving child 3 and spouse support services, and the support payments are 4 being made through income withholding. 5 (d) The notice required under subsection (c) may be sent 6 by ordinary mail, certified mail, return receipt requested, 7 facsimile transmission, or other electronic process, or may 8 be served upon the obligor or payor using any method provided 9 by law for service of a summons. The Illinois Department of 10 Public Aid shall provide a copy of the notice to the obligee 11 and to the clerk of the court. The clerk shall file the 12 clerk's copy of the notice in the court file. 13 (750 ILCS 5/705) (from Ch. 40, par. 705) 14 Sec. 705. Support payments; receiving and disbursing 15 agents. 16 (1) The provisions of this Section shall apply, except 17 as provided in Sections 709 through 712. 18 (2) In a dissolution of marriage action filed in a 19 county of less than 3 million population in which an order or 20 judgment for child support is entered, and in supplementary 21 proceedings in any such county to enforce or vary the terms 22 of such order or judgment arising out of an action for 23 dissolution of marriage filed in such county, the court, 24 except as it otherwise orders, under subsection (4) of this 25 Section, may direct that child support payments be made to 26 the clerk of the court. 27 (3) In a dissolution of marriage action filed in any 28 county of 3 million or more population in which an order or 29 judgment for child support is entered, and in supplementary 30 proceedings in any such county to enforce or vary the terms 31 of such order or judgment arising out of an action for 32 dissolution of marriage filed in such county, the court, 33 except as it otherwise orders under subsection (4) of this -30- LRB9101195SMdvA 1 Section, may direct that child support payments be made 2 either to the clerk of the court or to the Court Service 3 Division of the County Department of Public Aid. After the 4 effective date of this Act, the court, except as it otherwise 5 orders under subsection (4) of this Section, may direct that 6 child support payments be made either to the clerk of the 7 court or to the Illinois Department of Public Aid. 8 (4) In a dissolution of marriage action or supplementary 9 proceedings involving maintenance or child support payments, 10 or both, to persons who are recipients of aid under the 11 Illinois Public Aid Code, the court shall direct that such 12 payments be made to (a) the Illinois Department of Public Aid 13 if the persons are recipients under Articles III, IV, or V of 14 the Code, or (b) the local governmental unit responsible for 15 their support if they are recipients under Articles VI or VII 16 of the Code. In accordance with federal law and regulations, 17 the Illinois Department of Public Aid may continue to collect 18 current maintenance payments or child support payments, or 19 both, after those persons cease to receive public assistance 20 and until termination of services under Article X of the 21 Illinois Public Aid Code. The Illinois Department of Public 22 Aid shall pay the net amount collected to those persons after 23 deducting any costs incurred in making the collection or any 24 collection fee from the amount of any recovery made. The 25 order shall permit the Illinois Department of Public Aid or 26 the local governmental unit, as the case may be, to direct 27 that payments be made directly to the former spouse, the 28 children, or both, or to some person or agency in their 29 behalf, upon removal of the former spouse or children from 30 the public aid rolls or upon termination of services under 31 Article X of the Illinois Public Aid Code; and upon such 32 direction, the Illinois Department or local governmental 33 unit, as the case requires, shall give notice of such action 34 to the court in writing or by electronic transmission. -31- LRB9101195SMdvA 1 (5) All clerks of the court and the Court Service 2 Division of a County Department of Public Aid and, after the 3 effective date of this Act, all clerks of the court and the 4 Illinois Department of Public Aid, receiving child support 5 payments under subsections (2) and (3) of this Section shall 6 disburse the payments to the person or persons entitled 7 thereto under the terms of the order or judgment. They shall 8 establish and maintain current records of all moneys received 9 and disbursed and of defaults and delinquencies in required 10 payments. The court, by order or rule, shall make provision 11 for the carrying out of these duties. 12in effect in accordance with the Income Withholding for13Support14 Upon notification in writing or by electronic 15 transmission from the Illinois Department of Public Aid to 16 the clerk of the court that a person who is receiving support 17 payments under this Section is receiving services under the 18 Child Support Enforcement Program established by Title IV-D 19 of the Social Security Act, any support payments subsequently 20 received by the clerk of the court shall be transmitted in 21 accordance with the instructions of the Illinois Department 22 of Public Aid until the Department gives notice to the clerk 23 of the court to cease the transmittal. After providing the 24 notification authorized under this paragraph, the Illinois 25 Department of Public Aid shall be entitled as a party to 26 notice of any further proceedings in the case. The clerk of 27 the court shall file a copy of the Illinois Department of 28 Public Aid's notification in the court file. The failure of 29 the clerk to file a copy of the notification in the court 30 file shall not, however, affect the Illinois Department of 31 Public Aid's right to receive notice of further proceedings. 32 Except for payments to the State Disbursement Unit 33 established under Section 10-26 of the Illinois Public Aid 34 Code, payments under this Section to the Illinois Department -32- LRB9101195SMdvA 1 of Public Aid pursuant to the Child Support Enforcement 2 Program established by Title IV-D of the Social Security Act 3 shall be paid into the Child Support Enforcement Trust Fund. 4 All other payments under this Section to the Illinois 5 Department of Public Aid shall be deposited in the Public 6 Assistance Recoveries Trust Fund. Disbursements from these 7 funds shall be as provided in the Illinois Public Aid Code. 8 Payments received by a local governmental unit shall be 9 deposited in that unit's General Assistance Fund. Any order 10 of court directing payment of child support to a clerk of 11 court or the Court Service Division of a County Department of 12 Public Aid, which order has been entered on or after August 13 14, 1961, and prior to the effective date of this Act, may be 14 amended by the court in line with this Act; and orders 15 involving payments of maintenance or child support to 16 recipients of public aid may in like manner be amended to 17 conform to this Act. 18 (6) No filing fee or costs will be required in any 19 action brought at the request of the Illinois Department of 20 Public Aid in any proceeding under this Act. However, any 21 such fees or costs may be assessed by the court against the 22 respondent in the court's order of support or any 23 modification thereof in a proceeding under this Act. 24 (7) For those cases in which child support is payable to 25 the clerk of the circuit court for transmittal to the 26 Illinois Department of Public Aid by order of court or upon 27 notification by the Illinois Department of Public Aid, the 28 clerk shall transmit all such payments, within 4 working days 29 of receipt, to insure that funds are available for immediate 30 distribution by the Department to the person or entity 31 entitled thereto in accordance with standards of the Child 32 Support Enforcement Program established under Title IV-D of 33 the Social Security Act. The clerk shall notify the 34 Department of the date of receipt and amount thereof at the -33- LRB9101195SMdvA 1 time of transmittal. Where the clerk has entered into an 2 agreement of cooperation with the Department to record the 3 terms of child support orders and payments made thereunder 4 directly into the Department's automated data processing 5 system, the clerk shall account for, transmit and otherwise 6 distribute child support payments in accordance with such 7 agreement in lieu of the requirements contained herein. 8 In any action filed in a county with a population of 9 1,000,000 or less, the court shall assess against the 10 respondent in any order of maintenance or child support any 11 sum up to $36 annually authorized by ordinance of the county 12 board to be collected by the clerk of the court as costs for 13 administering the collection and disbursement of maintenance 14 and child support payments. Such sum shall be in addition to 15 and separate from amounts ordered to be paid as maintenance 16 or child support. 17 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 18 90-790, eff. 8-14-98; revised 9-14-98.) 19 (750 ILCS 5/709) (from Ch. 40, par. 709) 20 Sec. 709. Mandatory child support payments to clerk. 21 (a) As of January 1, 1982, child support orders entered 22 in any county covered by this subsection shall be made 23 pursuant to the provisions of Sections 709 through 712 of 24 this Act. For purposes of these Sections, the term "child 25 support payment" or "payment" shall include any payment 26 ordered to be made solely for the purpose of the support of a 27 child or children or any payment ordered for general support 28 which includes any amount for support of any child or 29 children. 30 The provisions of Sections 709 through 712 shall be 31 applicable to any county with a population of 2 million or 32 more and to any other county which notifies the Supreme Court 33 of its desire to be included within the coverage of these -34- LRB9101195SMdvA 1 Sections and is certified pursuant to Supreme Court Rules. 2 The effective date of inclusion, however, shall be 3 subject to approval of the application for reimbursement of 4 the costs of the support program by the Department of Public 5 Aid as provided in Section 712. 6 (b) In any proceeding for a dissolution of marriage, 7 legal separation, or declaration of invalidity of marriage, 8 or in any supplementary proceedings in which a judgment or 9 modification thereof for the payment of child support is 10 entered on or after January 1, 1982, in any county covered by 11 Sections 709 through 712, and the person entitled to payment 12 is receiving a grant of financial aid under Article IV of the 13 Illinois Public Aid Code or has applied and qualified for 14 support services under Section 10-1 of that Code, the court 15 shall direct: (1) that such payments be made to the clerk of 16 the court and (2) that the parties affected shall each 17 thereafter notify the clerk of any change of address or 18 change in other conditions that may affect the administration 19 of the order, including the fact that a party who was 20 previously not on public aid has become a recipient of public 21 aid, within 10 days of such change. All notices sent to the 22 obligor's last known address on file with the clerk shall be 23 deemed sufficient to proceed with enforcement pursuant to the 24 provisions of Sections 709 through 712. 25 In all other cases, the court may direct that payments be 26 made to the clerk of the court. 27 (c) Except as provided in subsection (d) of this 28 Section, the clerk shall disburse the payments to the person 29 or persons entitled thereto under the terms of the order or 30 judgment. 31 (d) The court shall determine, prior to the entry of the 32 support order, if the party who is to receive the support is 33 presently receiving public aid or has a current application 34 for public aid pending and shall enter the finding on the -35- LRB9101195SMdvA 1 record. 2 If the person entitled to payment is a recipient of aid 3 under the Illinois Public Aid Code, the clerk, upon being 4 informed of this fact by finding of the court, by 5 notification by the party entitled to payment, by the 6 Illinois Department of Public Aid or by the local 7 governmental unit, shall make all payments to: (1) the 8 Illinois Department of Public Aid if the person is a 9 recipient under Article III, IV, or V of the Code or (2) the 10 local governmental unit responsible for his or her support if 11 the person is a recipient under Article VI or VII of the 12 Code. In accordance with federal law and regulations, the 13 Illinois Department of Public Aid may continue to collect 14 current maintenance payments or child support payments, or 15 both, after those persons cease to receive public assistance 16 and until termination of services under Article X of the 17 Illinois Public Aid Code. The Illinois Department of Public 18 Aid shall pay the net amount collected to those persons after 19 deducting any costs incurred in making the collection or any 20 collection fee from the amount of any recovery made. Upon 21 termination of public aid payments to such a recipient or 22 termination of services under Article X of the Illinois 23 Public Aid Code, the Illinois Department of Public Aid or the 24 appropriate local governmental unit shall notify the clerk in 25 writing or by electronic transmission that all subsequent 26 payments are to be sent directly to the person entitled 27 thereto. 28 Upon notification in writing or by electronic 29 transmission from the Illinois Department of Public Aid to 30 the clerk of the court that a person who is receiving support 31 payments under this Section is receiving services under the 32 Child Support Enforcement Program established by Title IV-D 33 of the Social Security Act, any support payments subsequently 34 received by the clerk of the court shall be transmitted in -36- LRB9101195SMdvA 1 accordance with the instructions of the Illinois Department 2 of Public Aid until the Department gives notice to the clerk 3 of the court to cease the transmittal. After providing the 4 notification authorized under this paragraph, the Illinois 5 Department of Public Aid shall be entitled as a party to 6 notice of any further proceedings in the case. The clerk of 7 the court shall file a copy of the Illinois Department of 8 Public Aid's notification in the court file. The failure of 9 the clerk to file a copy of the notification in the court 10 file shall not, however, affect the Illinois Department of 11 Public Aid's right to receive notice of further proceedings. 12 Except for payments to the State Disbursement Unit 13 established under Section 10-26 of the Illinois Public Aid 14 Code, payments under this Section to the Illinois Department 15 of Public Aid pursuant to the Child Support Enforcement 16 Program established by Title IV-D of the Social Security Act 17 shall be paid into the Child Support Enforcement Trust Fund. 18 All other payments under this Section to the Illinois 19 Department of Public Aid shall be deposited in the Public 20 Assistance Recoveries Trust Fund. Disbursements from these 21 funds shall be as provided in the Illinois Public Aid Code. 22 Payments received by a local governmental unit shall be 23 deposited in that unit's General Assistance Fund. 24 (e) Any order or judgment may be amended by the court, 25 upon its own motion or upon the motion of either party, to 26 conform with the provisions of Sections 709 through 712, 27 either as to the requirement of making payments to the clerk 28 or, where payments are already being made to the clerk, as to 29 the statutory fees provided for under Section 711. 30 (f) The clerk may invest in any interest bearing account 31 or in any securities, monies collected for the benefit of a 32 payee, where such payee cannot be found; however, the 33 investment may be only for the period until the clerk is able 34 to locate and present the payee with such monies. The clerk -37- LRB9101195SMdvA 1 may invest in any interest bearing account, or in any 2 securities, monies collected for the benefit of any other 3 payee; however, this does not alter the clerk's obligation to 4 make payments to the payee in a timely manner. Any interest 5 or capital gains accrued shall be for the benefit of the 6 county and shall be paid into the special fund established in 7 subsection (b) of Section 711. 8 (g) The clerk shall establish and maintain a payment 9 record of all monies received and disbursed and such record 10 shall constitute prima facie evidence of such payment and 11 non-payment, as the case may be. 12 (h) For those cases in which child support is payable to 13 the clerk of the circuit court for transmittal to the 14 Illinois Department of Public Aid by order of court or upon 15 notification by the Illinois Department of Public Aid, the 16 clerk shall transmit all such payments, within 4 working days 17 of receipt, to insure that funds are available for immediate 18 distribution by the Department to the person or entity 19 entitled thereto in accordance with standards of the Child 20 Support Enforcement Program established under Title IV-D of 21 the Social Security Act. The clerk shall notify the 22 Department of the date of receipt and amount thereof at the 23 time of transmittal. Where the clerk has entered into an 24 agreement of cooperation with the Department to record the 25 terms of child support orders and payments made thereunder 26 directly into the Department's automated data processing 27 system, the clerk shall account for, transmit and otherwise 28 distribute child support payments in accordance with such 29 agreement in lieu of the requirements contained herein. 30 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.) 31 Section 30. The Non-Support of Spouse and Children Act 32 is amended by changing Section 2.1 and adding Section 2.2 as 33 follows: -38- LRB9101195SMdvA 1 (750 ILCS 15/2.1) (from Ch. 40, par. 1105) 2 Sec. 2.1. Support payments; receiving and disbursing 3 agents. 4 (1) In actions instituted under this Act on and after 5 August 14, 1961, involving a minor child or children, the 6 Court, except in actions instituted on or after August 26, 7 1969, in which the support payments are in behalf of a 8 recipient of aid under the Illinois Public Aid Code, shall 9 direct that moneys ordered to be paid for support under 10 Sections 3 and 4 of this Act shall be paid to the clerk of 11 the court in counties of less than 3 million population, and 12 in counties of 3 million or more population, to the clerk or 13 probation officer of the court or to the Court Service 14 Division of the County Department of Public Aid. After the 15 effective date of this amendatory Act of 1975, the court 16 shall direct that such support moneys be paid to the clerk or 17 probation officer or the Illinois Department of Public Aid. 18 However, the court in its discretion may direct otherwise 19 where exceptional circumstances so warrant. If payment is to 20 be made to persons other than the clerk or probation officer, 21 the Court Service Division of the County Department of Public 22 Aid, or the Illinois Department of Public Aid, the judgment 23 or order of support shall set forth the facts of the 24 exceptional circumstances. 25 (2) In actions instituted after August 26, 1969, where 26 the support payments are in behalf of spouses, children, or 27 both, who are recipients of aid under the Illinois Public Aid 28 Code, the court shall order the payments to be made directly 29 to (1) the Illinois Department of Public Aid if the person is 30 a recipient under Articles III, IV or V of the Code, or (2) 31 to the local governmental unit responsible for the support of 32 the person if he or she is a recipient under Articles VI or 33 VII of the Code. In accordance with federal law and 34 regulations, the Illinois Department of Public Aid may -39- LRB9101195SMdvA 1 continue to collect current maintenance payments or child 2 support payments, or both, after those persons cease to 3 receive public assistance and until termination of services 4 under Article X of the Illinois Public Aid Code. The 5 Illinois Department of Public Aid shall pay the net amount 6 collected to those persons after deducting any costs incurred 7 in making the collection or any collection fee from the 8 amount of any recovery made. The order shall permit the 9 Illinois Department of Public Aid or the local governmental 10 unit, as the case may be, to direct that support payments be 11 made directly to the spouse, children, or both, or to some 12 person or agency in their behalf, upon removal of the spouse 13 or children from the public aid rolls or upon termination of 14 services under Article X of the Illinois Public Aid Code; and 15 upon such direction, the Illinois Department or the local 16 governmental unit, as the case requires, shall give notice of 17 such action to the court in writing or by electronic 18 transmission. 19 (3) The clerks, probation officers, and the Court 20 Service Division of the County Department of Public Aid in 21 counties of 3 million or more population, and, after the 22 effective date of this amendatory Act of 1975, the clerks, 23 probation officers, and the Illinois Department of Public 24 Aid, shall disburse moneys paid to them to the person or 25 persons entitled thereto under the order of the Court. They 26 shall establish and maintain current records of all moneys 27 received and disbursed and of delinquencies and defaults in 28 required payments. The Court, by order or rule, shall make 29 provision for the carrying out of these duties. 30in accordance with the Income Withholding for Support31 Upon notification in writing or by electronic 32 transmission from the Illinois Department of Public Aid to 33 the clerk of the court that a person who is receiving support 34 payments under this Section is receiving services under the -40- LRB9101195SMdvA 1 Child Support Enforcement Program established by Title IV-D 2 of the Social Security Act, any support payments subsequently 3 received by the clerk of the court shall be transmitted in 4 accordance with the instructions of the Illinois Department 5 of Public Aid until the Department gives notice to cease the 6 transmittal. After providing the notification authorized 7 under this paragraph, the Illinois Department of Public Aid 8 shall be entitled as a party to notice of any further 9 proceedings in the case. The clerk of the court shall file a 10 copy of the Illinois Department of Public Aid's notification 11 in the court file. The failure of the clerk to file a copy 12 of the notification in the court file shall not, however, 13 affect the Illinois Department of Public Aid's right to 14 receive notice of further proceedings. 15 (4) Except for payments to the State Disbursement Unit 16 established under Section 10-26 of the Illinois Public Aid 17 Code, payments under this Section to the Illinois Department 18 of Public Aid pursuant to the Child Support Enforcement 19 Program established by Title IV-D of the Social Security Act 20 shall be paid into the Child Support Enforcement Trust Fund. 21 All other payments under this Section to the Illinois 22 Department of Public Aid shall be deposited in the Public 23 Assistance Recoveries Trust Fund. Disbursements from these 24 funds shall be as provided in the Illinois Public Aid Code. 25 Payments received by a local governmental unit shall be 26 deposited in that unit's General Assistance Fund. 27 (5) Orders and assignments entered or executed prior to 28 the Act approved August 14, 1961 shall not be affected 29 thereby. Employers served with wage assignments executed 30 prior to that date shall comply with the terms thereof. 31 However, the Court, on petition of the state's attorney, or 32 of the Illinois Department of Public Aid or local 33 governmental unit in respect to recipients of public aid, may 34 order the execution of new assignments and enter new orders -41- LRB9101195SMdvA 1 designating the clerk, probation officer, or the Illinois 2 Department of Public Aid or appropriate local governmental 3 unit in respect to payments in behalf of recipients of public 4 aid, as the person or agency authorized to receive and 5 disburse the salary or wages assigned. On like petition the 6 Court may enter new orders designating such officers, 7 agencies or governmental units to receive and disburse the 8 payments ordered under Section 4. 9 (6) For those cases in which child support is payable to 10 the clerk of the circuit court for transmittal to the 11 Illinois Department of Public Aid by order of court or upon 12 notification by the Illinois Department of Public Aid, the 13 clerk shall transmit all such payments, within 4 working days 14 of receipt, to insure that funds are available for immediate 15 distribution by the Department to the person or entity 16 entitled thereto in accordance with standards of the Child 17 Support Enforcement Program established under Title IV-D of 18 the Social Security Act. The clerk shall notify the 19 Department of the date of receipt and amount thereof at the 20 time of transmittal. Where the clerk has entered into an 21 agreement of cooperation with the Department to record the 22 terms of child support orders and payments made thereunder 23 directly into the Department's automated data processing 24 system, the clerk shall account for, transmit and otherwise 25 distribute child support payments in accordance with such 26 agreement in lieu of the requirements contained herein. 27 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 28 90-790, eff. 8-14-98; revised 9-14-98.) 29 (750 ILCS 15/2.2 new) 30 Sec. 2.2. Payment of Support to State Disbursement Unit. 31 (a) As used in this Section: 32 "Order for support", "obligor", "obligee", and "payor" 33 mean those terms as defined in the Income Withholding for -42- LRB9101195SMdvA 1 Support Act. 2 (b) Notwithstanding any other provision of this Act to 3 the contrary, each order for support entered or modified on 4 or after October 1, 1999 shall require that support payments 5 be made to the State Disbursement Unit established under 6 Section 10-26 of the Illinois Public Aid Code if: 7 (1) a party to the order is receiving child and 8 spouse support services under Article X of the Illinois 9 Public Aid code; or 10 (2) no party to the order is receiving child and 11 spouse support services, but the support payments are 12 made through income withholding. 13 (c) The Illinois Department of Public Aid shall provide 14 notice to the obligor and, where applicable, to the obligor's 15 payor to make support payments to the State Disbursement Unit 16 if: 17 (1) the order for support was entered before 18 October 1, 1999, and a party to the order is receiving 19 child and spouse support services under Article X of the 20 Illinois Public Aid Code; or 21 (2) the order for support was entered before 22 October 1, 1999, no party to the order is receiving child 23 and spouse support services, and the support payments are 24 being made through income withholding. 25 (d) The notice required under subsection (c) may be sent 26 by ordinary mail, certified mail, return receipt requested, 27 facsimile transmission, or other electronic process, or may 28 be served upon the obligor or payor using any method provided 29 by law for service of a summons. The Illinois Department of 30 Public Aid shall provide a copy of the notice to the obligee 31 and to the clerk of the court. The clerk shall file the 32 clerk's copy of the notice in the court file. 33 Section 35. The Income Withholding for Support Act is -43- LRB9101195SMdvA 1 amended by changing Sections 15, 20, 35, and 45 as follows: 2 (750 ILCS 28/15) 3 Sec. 15. Definitions. 4 (a) "Order for support" means any order of the court 5 which provides for periodic payment of funds for the support 6 of a child or maintenance of a spouse, whether temporary or 7 final, and includes any such order which provides for: 8 (1) modification or resumption of, or payment of 9 arrearage accrued under, a previously existing order; 10 (2) reimbursement of support; 11 (3) payment or reimbursement of the expenses of 12 pregnancy and delivery (for orders for support entered 13 under the Illinois Parentage Act of 1984 or its 14 predecessor the Paternity Act); or 15 (4) enrollment in a health insurance plan that is 16 available to the obligor through an employer or labor 17 union or trade union. 18 (b) "Arrearage" means the total amount of unpaid support 19 obligations as determined by the court and incorporated into 20 an order for support. 21 (b-5) "Business day" means a day on which State offices 22 are open for regular business. 23 (c) "Delinquency" means any payment under an order for 24 support which becomes due and remains unpaid after entry of 25 the order for support. 26 (d) "Income" means any form of periodic payment to an 27 individual, regardless of source, including, but not limited 28 to: wages, salary, commission, compensation as an independent 29 contractor, workers' compensation, disability, annuity, 30 pension, and retirement benefits, lottery prize awards, 31 insurance proceeds, vacation pay, bonuses, profit-sharing 32 payments, interest, and any other payments, made by any 33 person, private entity, federal or state government, any unit -44- LRB9101195SMdvA 1 of local government, school district or any entity created by 2 Public Act; however, "income" excludes: 3 (1) any amounts required by law to be withheld, 4 other than creditor claims, including, but not limited 5 to, federal, State and local taxes, Social Security and 6 other retirement and disability contributions; 7 (2) union dues; 8 (3) any amounts exempted by the federal Consumer 9 Credit Protection Act; 10 (4) public assistance payments; and 11 (5) unemployment insurance benefits except as 12 provided by law. 13 Any other State or local laws which limit or exempt 14 income or the amount or percentage of income that can be 15 withheld shall not apply. 16 (e) "Obligor" means the individual who owes a duty to 17 make payments under an order for support. 18 (f) "Obligee" means the individual to whom a duty of 19 support is owed or the individual's legal representative. 20 (g) "Payor" means any payor of income to an obligor. 21 (h) "Public office" means any elected official or any 22 State or local agency which is or may become responsible by 23 law for enforcement of, or which is or may become authorized 24 to enforce, an order for support, including, but not limited 25 to: the Attorney General, the Illinois Department of Public 26 Aid, the Illinois Department of Human Services, the Illinois 27 Department of Children and Family Services, and the various 28 State's Attorneys, Clerks of the Circuit Court and 29 supervisors of general assistance. 30 (i) "Premium" means the dollar amount for which the 31 obligor is liable to his employer or labor union or trade 32 union and which must be paid to enroll or maintain a child in 33 a health insurance plan that is available to the obligor 34 through an employer or labor union or trade union. -45- LRB9101195SMdvA 1 (j) "State Disbursement Unit" means the unit established 2 to collect and disburse support payments in accordance with 3 the provisions of Section 10-26 of the Illinois Public Aid 4 Code. 5 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, 6 eff. 8-14-98; revised 9-14-98.) 7 (750 ILCS 28/20) 8 Sec. 20. Entry of order for support containing income 9 withholding provisions; income withholding notice. 10 (a) In addition to any content required under other 11 laws, every order for support entered on or after July 1, 12 1997, shall: 13 (1) Require an income withholding notice to be 14 prepared and served immediately upon any payor of the 15 obligor by the obligee or public office, unless a written 16 agreement is reached between and signed by both parties 17 providing for an alternative arrangement, approved and 18 entered into the record by the court, which ensures 19 payment of support. In that case, the order for support 20 shall provide that an income withholding notice is to be 21 prepared and served only if the obligor becomes 22 delinquent in paying the order for support; and 23 (2) Contain a dollar amount to be paid until 24 payment in full of any delinquency that accrues after 25 entry of the order for support. The amount for payment 26 of delinquency shall not be less than 20% of the total of 27 the current support amount and the amount to be paid 28 periodically for payment of any arrearage stated in the 29 order for support; and 30 (3) Include the obligor's Social Security Number, 31 which the obligor shall disclose to the court. If the 32 obligor is not a United States citizen, the obligor shall 33 disclose to the court, and the court shall include in the -46- LRB9101195SMdvA 1 order for support, the obligor's alien registration 2 number, passport number, and home country's social 3 security or national health number, if applicable. 4 (b) At the time the order for support is entered, the 5 Clerk of the Circuit Court shall provide a copy of the order 6 to the obligor and shall make copies available to the obligee 7 and public office. 8 (c) The income withholding notice shall: 9 (1) be in the standard format prescribed by the 10 federal Department of Health and Human Services; and 11 (1.1) state the date of entry of the order for 12 support upon which the income withholding notice is 13 based; and 14 (2) direct any payor to withhold the dollar amount 15 required for current support under the order for support; 16 and 17 (3) direct any payor to withhold the dollar amount 18 required to be paid periodically under the order for 19 support for payment of the amount of any arrearage stated 20 in the order for support; and 21 (4) direct any payor or labor union or trade union 22 to enroll a child as a beneficiary of a health insurance 23 plan and withhold or cause to be withheld, if applicable, 24 any required premiums; and 25 (5) state the amount of the payor income 26 withholding fee specified under this Section; and 27 (6) state that the amount actually withheld from 28 the obligor's income for support and other purposes, 29 including the payor withholding fee specified under this 30 Section, may not be in excess of the maximum amount 31 permitted under the federal Consumer Credit Protection 32 Act; and 33 (7) state the duties of the payor and the fines and 34 penalties for failure to withhold and pay over income and -47- LRB9101195SMdvA 1 for discharging, disciplining, refusing to hire, or 2 otherwise penalizing the obligor because of the duty to 3 withhold and pay over income under this Section; and 4 (8) state the rights, remedies, and duties of the 5 obligor under this Section; and 6 (9) include the obligor's Social Security Number; 7 and 8 (10) include the date that withholding for current 9 support terminates, which shall be the date of 10 termination of the current support obligation set forth 11 in the order for support; and.12 (11) contain the signature of the obligee or the 13 printed name and telephone number of the authorized 14 representative of the public office, except that the 15 failure to contain the signature of the obligee or the 16 printed name and telephone number of the authorized 17 representative of the public office shall not affect the 18 validity of the income withholding notice; and 19 (12) direct any payor to pay over amounts withheld 20 for payment of support to the State Disbursement Unit. 21 (d) The accrual of a delinquency as a condition for 22 service of an income withholding notice, under the exception 23 to immediate withholding in subsection (a) of this Section, 24 shall apply only to the initial service of an income 25 withholding notice on a payor of the obligor. 26 (e) Notwithstanding the exception to immediate 27 withholding contained in subsection (a) of this Section, if 28 the court finds at the time of any hearing that an arrearage 29 has accrued, the court shall order immediate service of an 30 income withholding notice upon the payor. 31 (f) If the order for support, under the exception to 32 immediate withholding contained in subsection (a) of this 33 Section, provides that an income withholding notice is to be 34 prepared and served only if the obligor becomes delinquent in -48- LRB9101195SMdvA 1 paying the order for support, the obligor may execute a 2 written waiver of that condition and request immediate 3 service on the payor. 4 (g) The obligee or public office may serve the income 5 withholding notice on the payor or its superintendent, 6 manager, or other agent by ordinary mail or certified mail 7 return receipt requested, by facsimile transmission or other 8 electronic means, by personal delivery, or by any method 9 provided by law for service of a summons. At the time of 10 service on the payor and as notice that withholding has 11 commenced, the obligee or public office shall serve a copy of 12 the income withholding notice on the obligor by ordinary mail 13 addressed to his or her last known address. A copy of the 14 income withholding notice together with proofs of service on 15 the payor and the obligor shall be filed with the Clerk of 16 the Circuit Court. 17 (h) At any time after the initial service of an income 18 withholding notice, any other payor of the obligor may be 19 served with the same income withholding notice without 20 further notice to the obligor. A copy of the income 21 withholding notice together with a proof of service on the 22 other payor shall be filed with the Clerk of the Circuit 23 Court. 24 (i) New service of an income withholding notice is not 25 required in order to resume withholding of income in the case 26 of an obligor with respect to whom an income withholding 27 notice was previously served on the payor if withholding of 28 income was terminated because of an interruption in the 29 obligor's employment of less than 180 days. 30 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, 31 eff. 8-14-98; revised 9-14-98.) 32 (750 ILCS 28/35) 33 Sec. 35. Duties of payor. -49- LRB9101195SMdvA 1 (a) It shall be the duty of any payor who has been 2 served with an income withholding notice to deduct and pay 3 over income as provided in this Section. The payor shall 4 deduct the amount designated in the income withholding 5 notice, as supplemented by any notice provided pursuant to 6 subsection (f) of Section 45, beginning no later than the 7 next payment of income which is payable or creditable to the 8 obligor that occurs 14 days following the date the income 9 withholding notice was mailed, sent by facsimile or other 10 electronic means, or placed for personal delivery to or 11 service on the payor. The payor may combine all amounts 12 withheld for the benefit of an obligee or public office into 13 a single payment and transmit the payment with a listing of 14 obligors from whom withholding has been effected. The payor 15 shall pay the amount withheld to the State Disbursement Unit 16obligee or public officewithin 7 business days after the 17 date the amount would (but for the duty to withhold income) 18 have been paid or credited to the obligor. If the payor 19 knowingly fails to pay any amount withheld to the State 20 Disbursement Unitobligee or public officewithin 7 business 21 days after the date the amount would have been paid or 22 credited to the obligor, the payor shall pay a penalty of 23 $100 for each day that the withheld amount is not paid to the 24 State Disbursement Unitobligee or public officeafter the 25 period of 7 business days has expired. The failure of a 26 payor, on more than one occasion, to pay amounts withheld to 27 the State Disbursement Unitobligee or public officewithin 7 28 business days after the date the amount would have been paid 29 or credited to the obligor creates a presumption that the 30 payor knowingly failed to pay over the amounts. This penalty 31 may be collected in a civil action which may be brought 32 against the payor in favor of the obligee or public office. A 33 finding of a payor's nonperformance within the time required 34 under this Act must be documented by a certified mail return -50- LRB9101195SMdvA 1 receipt showing the date the income withholding notice was 2 served on the payor. For purposes of this Act, a withheld 3 amount shall be considered paid by a payor on the date it is 4 mailed by the payor, or on the date an electronic funds 5 transfer of the amount has been initiated by the payor, or on 6 the date delivery of the amount has been initiated by the 7 payor. For each deduction, the payor shall provide the State 8 Disbursement Unitobligee or public office, at the time of 9 transmittal, with the date the amount would (but for the duty 10 to withhold income) have been paid or credited to the 11 obligor. 12 Upon receipt of an income withholding notice requiring 13 that a minor child be named as a beneficiary of a health 14 insurance plan available through an employer or labor union 15 or trade union, the employer or labor union or trade union 16 shall immediately enroll the minor child as a beneficiary in 17 the health insurance plan designated by the income 18 withholding notice. The employer shall withhold any required 19 premiums and pay over any amounts so withheld and any 20 additional amounts the employer pays to the insurance carrier 21 in a timely manner. The employer or labor union or trade 22 union shall mail to the obligee, within 15 days of enrollment 23 or upon request, notice of the date of coverage, information 24 on the dependent coverage plan, and all forms necessary to 25 obtain reimbursement for covered health expenses, such as 26 would be made available to a new employee. When an order for 27 dependent coverage is in effect and the insurance coverage is 28 terminated or changed for any reason, the employer or labor 29 union or trade union shall notify the obligee within 10 days 30 of the termination or change date along with notice of 31 conversion privileges. 32 For withholding of income, the payor shall be entitled to 33 receive a fee not to exceed $5 per month to be taken from the 34 income to be paid to the obligor. -51- LRB9101195SMdvA 1 (b) Whenever the obligor is no longer receiving income 2 from the payor, the payor shall return a copy of the income 3 withholding notice to the obligee or public office and shall 4 provide information for the purpose of enforcing this Act. 5 (c) Withholding of income under this Act shall be made 6 without regard to any prior or subsequent garnishments, 7 attachments, wage assignments, or any other claims of 8 creditors. Withholding of income under this Act shall not be 9 in excess of the maximum amounts permitted under the federal 10 Consumer Credit Protection Act. If the payor has been served 11 with more than one income withholding notice pertaining to 12 the same obligor, the payor shall allocate income available 13 for withholding on a proportionate share basis, giving 14 priority to current support payments. If there is any income 15 available for withholding after withholding for all current 16 support obligations, the payor shall allocate the income to 17 past due support payments ordered in cases in which cash 18 assistance under the Illinois Public Aid Code is not being 19 provided to the obligee and then to past due support payments 20 ordered in cases in which cash assistance under the Illinois 21 Public Aid Code is being provided to the obligee, both on a 22 proportionate share basis. A payor who complies with an 23 income withholding notice that is regular on its face shall 24 not be subject to civil liability with respect to any 25 individual, any agency, or any creditor of the obligor for 26 conduct in compliance with the notice. 27 (d) No payor shall discharge, discipline, refuse to hire 28 or otherwise penalize any obligor because of the duty to 29 withhold income. 30 (Source: P.A. 90-673, eff. 1-1-99.) 31 (750 ILCS 28/45) 32 Sec. 45. Additional duties. 33 (a) An obligee who is receiving income withholding -52- LRB9101195SMdvA 1 payments under this Act shall notify the State Disbursement 2 Unit andpayor, if the obligee receives the payments directly3from the payor, or the public office orthe Clerk of the 4 Circuit Court, as appropriate,of any change of address 5 within 7 days of such change. 6 (b) An obligee who is a recipient of public aid shall 7 send a copy of any income withholding notice served by the 8 obligee to the Division of Child Support Enforcement of the 9 Illinois Department of Public Aid. 10 (c) Each obligor shall notify the obligee, the public 11 office, and the Clerk of the Circuit Court of any change of 12 address within 7 days. 13 (d) An obligor whose income is being withheldor who has14been served with a notice of delinquencypursuant to this Act 15 shall notify the obligee, the public office, and the Clerk of 16 the Circuit Court of any new payor, within 7 days. 17 (e) (Blank.)When the Illinois Department of Public Aid18is no longer authorized to receive payments for the obligee,19it shall, within 7 days, notify the payor or, where20appropriate, the Clerk of the Circuit Court, to redirect21income withholding payments to the obligee.22 (f) The obligee or public office shall provide notice to 23 the payor and Clerk of the Circuit Court of any other support 24 payment made, including but not limited to, a set-off under 25 federal and State law or partial payment of the delinquency 26 or arrearage, or both. 27 (g) The State Disbursement UnitAny public office and28Clerk of the Circuit Court which collects, disburses or29receives payments pursuant to income withholding notices30 shall maintain complete, accurate, and clear records of all 31 income withholding payments and their disbursements. 32 Certified copies of payment records maintained by the State 33 Disbursement Unit, a public office, or the Clerk of the 34 Circuit Court shall, without further proof, be admitted into -53- LRB9101195SMdvA 1 evidence in any legal proceedings under this Act. 2 (h) The Illinois Department of Public Aid shall design 3 suggested legal forms for proceeding under this Act and shall 4 make available to the courts such forms and informational 5 materials which describe the procedures and remedies set 6 forth herein for distribution to all parties in support 7 actions. 8 (i) At the time of transmitting each support payment, 9 the State Disbursement UnitClerk of the Circuit Courtshall 10 provide the obligee or public office, as appropriate, with 11 any information furnished by the payor as to the date the 12 amount would (but for the duty to withhold income) have been 13 paid or credited to the obligor. 14 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, 15 eff. 8-14-98; revised 9-14-98.) 16 Section 40. The Illinois Parentage Act of 1984 is 17 amended by changing Section 21 and adding Section 21.1 as 18 follows: 19 (750 ILCS 45/21) (from Ch. 40, par. 2521) 20 Sec. 21. Support payments; receiving and disbursing 21 agents. 22 (1) In an action filed in a countycountiesof less than 23 3 million population in which an order for child support is 24 entered, and in supplementary proceedings in such a county 25countiesto enforce or vary the terms of such order arising 26 out of an action filed in such a countycounties, the court, 27 except in actions or supplementary proceedings in which the 28 pregnancy and delivery expenses of the mother or the child 29 support payments are for a recipient of aid under the 30 Illinois Public Aid Code, shall direct that child support 31 payments be made to the clerk of the court unless in the 32 discretion of the court exceptional circumstances warrant -54- LRB9101195SMdvA 1 otherwise. In cases where payment is to be made to persons 2 other than the clerk of the court the judgment or order of 3 support shall set forth the facts of the exceptional 4 circumstances. 5 (2) In an action filed in a countycountiesof 3 million 6 or more population in which an order for child support is 7 entered, and in supplementary proceedings in such a county 8countiesto enforce or vary the terms of such order arising 9 out of an action fileddatein such a countycounties, the 10 court, except in actions or supplementary proceedings in 11 which the pregnancy and delivery expenses of the mother or 12 the child support payments are for a recipient of aid under 13 the Illinois Public Aid Code, shall direct that child support 14 payments be made either to the clerk of the court or to the 15 Court Service Division of the County Department of Public 16 Aid, or to the clerk of the court or to the Illinois 17 Department of Public Aid, unless in the discretion of the 18 court exceptional circumstances warrant otherwise. In cases 19 where payment is to be made to persons other than the clerk 20 of the court, the Court Service Division of the County 21 Department of Public Aid, or the Illinois Department of 22 Public Aid, the judgment or order of support shall set forth 23 the facts of the exceptional circumstances. 24 (3) Where the action or supplementary proceeding is in 25 behalf of a mother for pregnancy and delivery expenses or for 26 child support, or both, and the mother, child, or both, are 27 recipients of aid under the Illinois Public Aid Code, the 28 court shall order that the payments be made directly to (a) 29 the Illinois Department of Public Aid if the mother or child, 30 or both, are recipients under Articles IV or V of the Code, 31 or (b) the local governmental unit responsible for the 32 support of the mother or child, or both, if they are 33 recipients under Articles VI or VII of the Code. In 34 accordance with federal law and regulations, the Illinois -55- LRB9101195SMdvA 1 Department of Public Aid may continue to collect current 2 maintenance payments or child support payments, or both, 3 after those persons cease to receive public assistance and 4 until termination of services under Article X of the Illinois 5 Public Aid Code. The Illinois Department of Public Aid shall 6 pay the net amount collected to those persons after deducting 7 any costs incurred in making the collection or any collection 8 fee from the amount of any recovery made. The Illinois 9 Department of Public Aid or the local governmental unit, as 10 the case may be, may direct that payments be made directly to 11 the mother of the child, or to some other person or agency in 12 the child's behalf, upon the removal of the mother and child 13 from the public aid rolls or upon termination of services 14 under Article X of the Illinois Public Aid Code; and upon 15 such direction, the Illinois Department or the local 16 governmental unit, as the case requires, shall give notice of 17 such action to the court in writing or by electronic 18 transmission. 19 (4) All clerks of the court and the Court Service 20 Division of a County Department of Public Aid and the 21 Illinois Department of Public Aid, receiving child support 22 payments under paragraphs (1) or (2) shall disburse the same 23 to the person or persons entitled thereto under the terms of 24 the order. They shall establish and maintain clear and 25 current records of all moneys received and disbursed and of 26 defaults and delinquencies in required payments. The court, 27 by order or rule, shall make provision for the carrying out 28 of these duties. 29in accordance with the Income Withholding for Support30 Upon notification in writing or by electronic 31 transmission from the Illinois Department of Public Aid to 32 the clerk of the court that a person who is receiving support 33 payments under this Section is receiving services under the 34 Child Support Enforcement Program established by Title IV-D -56- LRB9101195SMdvA 1 of the Social Security Act, any support payments subsequently 2 received by the clerk of the court shall be transmitted in 3 accordance with the instructions of the Illinois Department 4 of Public Aid until the Department gives notice to cease the 5 transmittal. After providing the notification authorized 6 under this paragraph, the Illinois Department of Public Aid 7 shall be entitled as a party to notice of any further 8 proceedings in the case. The clerk of the court shall file a 9 copy of the Illinois Department of Public Aid's notification 10 in the court file. The failure of the clerk to file a copy 11 of the notification in the court file shall not, however, 12 affect the Illinois Department of Public Aid's right to 13 receive notice of further proceedings. 14 Except for payments to the State Disbursement Unit 15 established under Section 10-26 of the Illinois Public Aid 16 Code, payments under this Section to the Illinois Department 17 of Public Aid pursuant to the Child Support Enforcement 18 Program established by Title IV-D of the Social Security Act 19 shall be paid into the Child Support Enforcement Trust Fund. 20 All other payments under this Section to the Illinois 21 Department of Public Aid shall be deposited in the Public 22 Assistance Recoveries Trust Fund. Disbursement from these 23 funds shall be as provided in the Illinois Public Aid Code. 24 Payments received by a local governmental unit shall be 25 deposited in that unit's General Assistance Fund. 26 (5) The moneys received by persons or agencies 27 designated by the court shall be disbursed by them in 28 accordance with the order. However, the court, on petition 29 of the state's attorney, may enter new orders designating the 30 clerk of the court or the Illinois Department of Public Aid, 31 as the person or agency authorized to receive and disburse 32 child support payments and, in the case of recipients of 33 public aid, the court, on petition of the Attorney General or 34 State's Attorney, shall direct subsequent payments to be paid -57- LRB9101195SMdvA 1 to the Illinois Department of Public Aid or to the 2 appropriate local governmental unit, as provided in paragraph 3 (3). Payments of child support by principals or sureties on 4 bonds, or proceeds of any sale for the enforcement of a 5 judgment shall be made to the clerk of the court, the 6 Illinois Department of Public Aid or the appropriate local 7 governmental unit, as the respective provisions of this 8 Section require. 9 (6) For those cases in which child support is payable to 10 the clerk of the circuit court for transmittal to the 11 Illinois Department of Public Aid by order of court or upon 12 notification by the Illinois Department of Public Aid, the 13 clerk shall transmit all such payments, within 4 working days 14 of receipt, to insure that funds are available for immediate 15 distribution by the Department to the person or entity 16 entitled thereto in accordance with standards of the Child 17 Support Enforcement Program established under Title IV-D of 18 the Social Security Act. The clerk shall notify the 19 Department of the date of receipt and amount thereof at the 20 time of transmittal. Where the clerk has entered into an 21 agreement of cooperation with the Department to record the 22 terms of child support orders and payments made thereunder 23 directly into the Department's automated data processing 24 system, the clerk shall account for, transmit and otherwise 25 distribute child support payments in accordance with such 26 agreement in lieu of the requirements contained herein. 27 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 28 90-790, eff. 8-14-98; revised 11-5-98.) 29 (750 ILCS 45/21.1 new) 30 Sec. 21.1. Payment of Support to State Disbursement Unit. 31 (a) As used in this Section: 32 "Order for support", "obligor", "obligee", and "payor" 33 mean those terms as defined in the Income Withholding for -58- LRB9101195SMdvA 1 Support Act. 2 (b) Notwithstanding any other provision of this Act to 3 the contrary, each order for support entered or modified on 4 or after October 1, 1999 shall require that support payments 5 be made to the State Disbursement Unit established under 6 Section 10-26 of the Illinois Public Aid Code if: 7 (1) a party to the order is receiving child and 8 spouse support services under Article X of the Illinois 9 Public Aid Code; or 10 (2) no party to the order is receiving child and 11 spouse support services, but the support payments are 12 made through income withholding. 13 (c) The Illinois Department of Public Aid shall provide 14 notice to the obligor and, where applicable, to the obligor's 15 payor to make support payments to the State Disbursement Unit 16 if: 17 (1) the order for support was entered before October 18 1, 1999, and a party to the order is receiving child and 19 spouse support services under Article X of the Illinois 20 Public Aid Code; or 21 (2) the order for support was entered before October 22 1, 1999, no party to the order is receiving child and 23 spouse support services, and the support payments are 24 being made through income withholding. 25 (d) The notice required under subsection (c) may be sent 26 by ordinary mail, certified mail, return receipt requested, 27 facsimile transmission, or other electronic process, or may 28 be served upon the obligor or payor using any method provided 29 by law for service of a summons. The Illinois Department of 30 Public Aid shall provide a copy of the notice to the obligee 31 and to the clerk of the court. The clerk shall file the 32 clerk's copy of the notice in the court file. 33 Section 45. The Unemployment Insurance Act is amended by -59- LRB9101195SMdvA 1 changing Section 1300 as follows: 2 (820 ILCS 405/1300) (from Ch. 48, par. 540) 3 Sec. 1300. Waiver or transfer of benefit rights - 4 Partial exemption. 5 (A) Except as otherwise provided herein any agreement by 6 an individual to waive, release or commute his rights under 7 this Act shall be void. 8 (B) Benefits due under this Act shall not be assigned, 9 pledged, encumbered, released or commuted and shall be exempt 10 from all claims of creditors and from levy, execution and 11 attachment or other remedy for recovery or collection of a 12 debt. However, nothing in this Section shall prohibit a 13 specified or agreed upon deduction from benefits by an 14 individual, or a court or administrative order for 15 withholding of income, for payment of past due child support 16 from being enforced and collected by the Department of Public 17 Aid on behalf of persons receiving a grant of financial aid 18 under Article IV of The Illinois Public Aid Code, persons for 19 whom an application has been made and approved for support 20 services under Section 10-1 of such Code, or persons 21 similarly situated and receiving like support services in 22 other states. It is provided that: 23 (1) The aforementioned deduction of benefits and 24 order for withholding of income apply only if appropriate 25 arrangements have been made for reimbursement to the 26 Director by the Department of Public Aid for any 27 administrative costs incurred by the Director under this 28 Section. 29 (2) The Director shall deduct and withhold from 30 benefits payable under this Act, or under any arrangement 31 for the payment of benefits entered into by the Director 32 pursuant to the powers granted under Section 2700 of this 33 Act, the amount specified or agreed upon. In the case of -60- LRB9101195SMdvA 1 a court or administrative order for withholding of 2 income, the Director shall withhold the amount of the 3 order. 4 (3) Any amount deducted and withheld by the 5 Director shall be paid to the State Disbursement Unit 6 established under Section 10-26 of the Illinois Public 7 Aid CodeDepartment of Public Aidon behalf of the 8 individual. 9 (4) Any amount deducted and withheld under 10 subsection (3) shall for all purposes be treated as if it 11 were paid to the individual as benefits and paid by such 12 individual to the State Disbursement UnitDepartment of13Public Aidin satisfaction of the individual's child 14 support obligations. 15 (5) For the purpose of this Section, child support 16 is defined as those obligations which are being enforced 17 pursuant to a plan described in Title IV, Part D, Section 18 454 of the Social Security Act and approved by the 19 Secretary of Health and Human Services. 20 (6) The deduction of benefits and order for 21 withholding of income for child support shall be governed 22 by Titles III and IV of the Social Security Act and all 23 regulations duly promulgated thereunder. 24 (C) Nothing in this Section prohibits an individual from 25 voluntarily electing to have federal income tax deducted and 26 withheld from his or her unemployment insurance benefit 27 payments. 28 (1) The Director shall, at the time that an 29 individual files his or her claim for benefits that 30 establishes his or her benefit year, inform the 31 individual that: 32 (a) unemployment insurance is subject to 33 federal, State, and local income taxes; 34 (b) requirements exist pertaining to estimated -61- LRB9101195SMdvA 1 tax payments; 2 (c) the individual may elect to have federal 3 income tax deducted and withheld from his or her 4 payments of unemployment insurance in the amount 5 specified in the federal Internal Revenue Code; and 6 (d) the individual is permitted to change a 7 previously elected withholding status. 8 (2) Amounts deducted and withheld from unemployment 9 insurance shall remain in the unemployment fund until 10 transferred to the federal taxing authority as a payment 11 of income tax. 12 (3) The Director shall follow all procedures 13 specified by the United States Department of Labor and 14 the federal Internal Revenue Service pertaining to the 15 deducting and withholding of income tax. 16 (4) Amounts shall be deducted and withheld in 17 accordance with the priorities established in rules 18 promulgated by the Director. 19 (D) Nothing in this Section prohibits an individual from 20 voluntarily electing to have State of Illinois income tax 21 deducted and withheld from his or her unemployment insurance 22 benefit payments if such deduction and withholding is 23 provided for pursuant to rules promulgated by the Director. 24 (1) If pursuant to rules promulgated by the 25 Director, an individual may voluntarily elect to have 26 State of Illinois income tax deducted and withheld from 27 his or her unemployment insurance benefit payments, the 28 Director shall, at the time that an individual files his 29 or her claim for benefits that establishes his or her 30 benefit year, in addition to providing the notice 31 required under subsection C, inform the individual that: 32 (a) the individual may elect to have State of 33 Illinois income tax deducted and withheld from his 34 or her payments of unemployment insurance in the -62- LRB9101195SMdvA 1 amount specified pursuant to rules promulgated by 2 the Director; and 3 (b) the individual is permitted to change a 4 previously elected withholding status. 5 (2) Amounts deducted and withheld from unemployment 6 insurance shall remain in the unemployment fund until 7 transferred to the Department of Revenue as a payment of 8 State of Illinois income tax. 9 (3) Amounts shall be deducted and withheld in 10 accordance with the priorities established in rules 11 promulgated by the Director. 12 (E) Nothing in this Section prohibits the deduction and 13 withholding of an uncollected overissuance of food stamp 14 coupons from unemployment insurance benefits pursuant to this 15 subsection (E). 16 (1) At the time that an individual files a claim 17 for benefits that establishes his or her benefit year, 18 that individual must disclose whether or not he or she 19 owes an uncollected overissuance (as defined in Section 20 13(c)(1) of the federal Food Stamp Act of 1977) of food 21 stamp coupons. The Director shall notify the State food 22 stamp agency enforcing such obligation of any individual 23 who discloses that he or she owes an uncollected 24 overissuance of food stamp coupons and who meets the 25 monetary eligibility requirements of subsection E of 26 Section 500. 27 (2) The Director shall deduct and withhold from any 28 unemployment insurance benefits payable to an individual 29 who owes an uncollected overissuance of food stamp 30 coupons: 31 (a) the amount specified by the individual to 32 the Director to be deducted and withheld under this 33 subsection (E); 34 (b) the amount (if any) determined pursuant to -63- LRB9101195SMdvA 1 an agreement submitted to the State food stamp 2 agency under Section 13(c)(3)(A) of the federal Food 3 Stamp Act of 1977; or 4 (c) any amount otherwise required to be 5 deducted and withheld from unemployment insurance 6 benefits pursuant to Section 13(c)(3)(B) of the 7 federal Food Stamp Act of 1977. 8 (3) Any amount deducted and withheld pursuant to 9 this subsection (E) shall be paid by the Director to the 10 State food stamp agency. 11 (4) Any amount deducted and withheld pursuant to 12 this subsection (E) shall for all purposes be treated as 13 if it were paid to the individual as unemployment 14 insurance benefits and paid by the individual to the 15 State food stamp agency as repayment of the individual's 16 uncollected overissuance of food stamp coupons. 17 (5) For purposes of this subsection (E), 18 "unemployment insurance benefits" means any compensation 19 payable under this Act including amounts payable by the 20 Director pursuant to an agreement under any federal law 21 providing for compensation, assistance, or allowances 22 with respect to unemployment. 23 (6) This subsection (E) applies only if 24 arrangements have been made for reimbursement by the 25 State food stamp agency for the administrative costs 26 incurred by the Director under this subsection (E) which 27 are attributable to the repayment of uncollected 28 overissuances of food stamp coupons to the State food 29 stamp agency. 30 (Source: P.A. 89-446, eff. 1-1-97; 90-425, eff. 8-15-97; 31 90-554, eff. 12-12-97.) 32 Section 99. Effective date. This Act takes effect upon 33 becoming law. -64- LRB9101195SMdvA 1 INDEX 2 Statutes amended in order of appearance 3 15 ILCS 405/10.05a from Ch. 15, par. 210.05a 4 20 ILCS 2505/39b52 5 35 ILCS 5/901 from Ch. 120, par. 9-901 6 305 ILCS 5/10-8 from Ch. 23, par. 10-8 7 305 ILCS 5/10-10 from Ch. 23, par. 10-10 8 305 ILCS 5/10-10.4 new 9 305 ILCS 5/10-16 from Ch. 23, par. 10-16 10 305 ILCS 5/10-17.9 11 305 ILCS 5/10-19 from Ch. 23, par. 10-19 12 305 ILCS 5/10-26 new 13 305 ILCS 5/12-8.1 new 14 305 ILCS 5/12-9 from Ch. 23, par. 12-9 15 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2 16 750 ILCS 5/507.1 new 17 750 ILCS 5/705 from Ch. 40, par. 705 18 750 ILCS 5/709 from Ch. 40, par. 709 19 750 ILCS 15/2.1 from Ch. 40, par. 1105 20 750 ILCS 15/2.2 new 21 750 ILCS 28/15 22 750 ILCS 28/20 23 750 ILCS 28/35 24 750 ILCS 28/45 25 750 ILCS 45/21 from Ch. 40, par. 2521 26 750 ILCS 45/21.1 new 27 820 ILCS 405/1300 from Ch. 48, par. 540