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| [ Senate Amendment 001 ] |
92_SB1033ham001
LRB9208151DJgcam01
1 AMENDMENT TO SENATE BILL 1033
2 AMENDMENT NO. . Amend Senate Bill 1033 by replacing
3 everything after the enacting clause with the following:
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.
9 (a) At the direction of the Department of Public Aid,
10 the Comptroller shall deduct from a warrant or other payment
11 described in Section 10.05 of this Act, in accordance with
12 the procedures provided therein, and pay over to the
13 Department or the State Disbursement Unit established under
14 Section 10-26 of the Illinois Public Aid Code, at the
15 direction of the Department, that amount certified as
16 necessary to satisfy, in whole or in part, past due support
17 owed by a person on account of support action being taken by
18 the Department under Article X of the Illinois Public Aid
19 Code, whether or not such support is owed to the State. Such
20 deduction shall have priority over any garnishment except
21 that for payment of state or federal taxes. In the case of
22 joint payees, the Comptroller shall deduct and pay over to
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1 the Department or the State Disbursement Unit, as directed by
2 the Department, the entire amount certified. The Comptroller
3 shall provide the Department with the address to which the
4 warrant or other payment was to be mailed and the social
5 security number of each person from whom a deduction is made
6 pursuant to this Section.
7 (b) Upon a circuit clerk's certification of an arrearage
8 under an order for support as provided in Section 12-1505 of
9 the Code of Civil Procedure, the Comptroller shall deduct
10 from a warrant for the payment of a refund under the Illinois
11 Income Tax Act to the obligor under the order for support, in
12 accordance with the procedures provided in Section 10.05 of
13 this Act, and pay over to the obligee under the order for
14 support, that amount certified as necessary to satisfy the
15 arrearage, in whole or in part. The deduction shall have
16 priority over any garnishment except that for payment of
17 State or federal taxes. In the case of a joint payee, the
18 Comptroller shall deduct and pay over to the obligee the
19 entire amount certified. As used in this subsection,
20 "arrearage", "obligee", "obligor", and "order for support"
21 are defined as in the Income Withholding for Support Act.
22 (Source: P.A. 91-212, eff. 7-20-99; 91-712, eff. 7-1-00.)
23 Section 10. The Code of Civil Procedure is amended by
24 adding Part 15 to Article XII as follows:
25 (735 ILCS 5/Art. XII, Part 15 heading new)
26 PART 15. SUPPORT
27 (735 ILCS 5/12-1505 new)
28 Sec. 12-1505. State income tax refund intercept.
29 (a) In this Part, "arrearage", "delinquency", "obligee",
30 "obligor", and "order for support" are defined as in the
31 Income Withholding for Support Act.
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1 (b) Whenever an obligor accrues a delinquency, the
2 obligee may file a petition in the circuit court seeking
3 relief under this Part. The petition must include
4 allegations of fact showing the obligor's delinquency and
5 must be served on the obligor as in other civil cases. The
6 court shall schedule a hearing on the petition and notify the
7 obligor of the hearing. At the hearing, the court shall
8 afford the obligor an opportunity to be heard.
9 (c) Following the hearing on the petition, if the court
10 finds that a delinquency exists, the court shall direct the
11 clerk of the court to certify to the State Comptroller the
12 amount of the arrearage as determined by the court. The
13 purpose of the certification shall be to intercept any State
14 income tax refund due the obligor in order to satisfy the
15 arrearage, in whole or in part. The certification shall
16 include sufficient information identifying the obligor and
17 the obligee to enable the Comptroller to deduct and pay over
18 to the obligee the amount certified.".