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91_HB2773enr HB2773 Enrolled LRB9103154SMdv 1 AN ACT concerning child support, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Aid Code is amended by 5 changing Sections 10-10.4 and 10-26 and adding Section 6 10-16.6 as follows: 7 (305 ILCS 5/10-10.4) 8 Sec. 10-10.4. 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, except that "order for support" shall not mean 14 orders providing for spousal maintenance under which there is 15 no child support obligation. 16 (b) Notwithstanding any other provision of this Code to 17 the contrary, each court or administrative order for support 18 entered or modified on or after October 1, 1999 shall require 19 that support payments be made to the State Disbursement Unit 20 established under Section 10-26 if: 21 (1) a party to the order is receiving child and 22 spouse support services under this Article X; or 23 (2) no party to the order is receiving child and 24 spouse support services, but the support payments are 25 made through income withholding. 26 (c)The Illinois Department shall provide notice to the27obligor and, where applicable, to the obligor's payor to make28 Support payments shall be made to the State Disbursement Unit 29 if: 30 (1) the order for support was entered before 31 October 1, 1999, and a party to the order is receiving HB2773 Enrolled -2- LRB9103154SMdv 1 child and spouse support services under this Article X; 2 or 3 (2)the order for support was entered after January41, 1994,no party to the order is receiving child and 5 spouse support services, and the support payments are 6 being made through income withholding. 7 (c-5) If no party to the order is receiving child and 8 spouse support services under this Article X, and the support 9 payments are not being made through income withholding, then 10 support payments shall be made as directed in the order for 11 support. 12 (c-10) Within 15 days after the effective date of this 13 amendatory Act of the 91st General Assembly, the Illinois 14 Department shall provide written notice to the clerk of the 15 circuit court, the obligor, and, where applicable, the 16 obligor's payor to make payments to the State Disbursement 17 Unit if: 18 (1) the order for support was entered before October 19 1, 1999, and a party to the order is receiving child and 20 spouse support services under this Article X; or 21 (2) no party to the order is receiving child and 22 spouse support services, and the support payments are 23 being made through income withholding. 24 (c-15) Within 15 days after the effective date of this 25 amendatory Act of the 91st General Assembly, the clerk of the 26 circuit court shall provide written notice to the obligor to 27 make payments directly to the clerk of the circuit court if 28 no party to the order is receiving child and spouse support 29 services under this Article X, the support payments are not 30 made through income withholding, and the order for support 31 requires support payments to be made directly to the clerk of 32 the circuit court. 33 (c-20) If the State Disbursement Unit receives a support 34 payment that was not appropriately made to the Unit under HB2773 Enrolled -3- LRB9103154SMdv 1 this Section, the Unit shall immediately return the payment 2 to the sender, including, if possible, instructions detailing 3 where to send the support payments. 4 (d) The noticesnoticerequired under subsections (c-10) 5 and (c-15)subsection (c)may be sent by ordinary mail, 6 certified mail, return receipt requested, facsimile 7 transmission, or other electronic process, or may be served 8 upon the obligor or payor using any method provided by law 9 for service of a summons. A copy of the notice shall be 10 provided to the obligee and, when the order for support was 11 entered by the court, to the clerk of the court. 12 (Source: P.A. 91-212, eff. 7-20-99.) 13 (305 ILCS 5/10-16.6 new) 14 Sec. 10-16.6. Electronic Funds Transfer Committee. 15 (a) The Director of Public Aid shall establish within 16 the Department an Electronic Funds Transfer Committee. The 17 Director or his or her designee shall be a member of the 18 committee and shall serve as chairperson of the committee. 19 The Director shall appoint 4 other members of the committee, 20 2 of whom shall represent employers in this State and 2 of 21 whom shall represent the banking industry in this State. The 22 administrator of the State Disbursement Unit established 23 under Section 10-26 shall be an ex officio member of the 24 committee. 25 (b) The committee shall study ways to modify or expand 26 the use of electronic funds transfers for the payment of 27 child support. The committee shall report its findings and 28 recommendations to the Governor and the General Assembly 29 before December 1, 2001. 30 (c) The committee is abolished on December 1, 2001. 31 (305 ILCS 5/10-26) 32 Sec. 10-26. State Disbursement Unit. HB2773 Enrolled -4- LRB9103154SMdv 1 (a) Effective October 1, 1999 the Illinois Department 2 shall establish a State Disbursement Unit in accordance with 3 the requirements of Title IV-D of the Social Security Act. 4 The Illinois Department shall enter into an agreement with a 5 State or local governmental unit or private entity to perform 6 the functions of the State Disbursement Unit as set forth in 7 this Section. Thepurpose of theState Disbursement Unit 8 shallbe tocollect and disburse support payments made under 9 court and administrative support orders: 10 (1) being enforced in cases in which child and 11 spouse support services are being provided under this 12 Article X; and 13 (2) in all cases in whichthe order for support was14entered after January 1, 1994,child and spouse support 15 services are not being provided under this Article X,and 16 in which support payments are made under the provisions 17 of the Income Withholding for Support Act. 18 (a-5) If the State Disbursement Unit receives a support 19 payment that was not appropriately made to the Unit under 20 this Section, the Unit shall immediately return the payment 21 to the sender, including, if possible, instructions detailing 22 where to send the support payments. 23 (b) All payments received by the State Disbursement 24 Unit: 25 (1) shall be deposited into an account obtained by 26 the State or local governmental unit or private entity, 27 as the case may be, and 28 (2) distributed and disbursed by the State 29 Disbursement Unit, in accordance with the directions of 30 the Illinois Department, pursuant to Title IV-D of the 31 Social Security Act and rules promulgated by the 32 Department. 33 (c) All support payments assigned to the Illinois 34 Department under Article X of this Code and rules promulgated HB2773 Enrolled -5- LRB9103154SMdv 1 by the Illinois Department that are disbursed to the Illinois 2 Department by the State Disbursement Unit shall be paid into 3 the Child Support Enforcement Trust Fund. 4 (d) If the agreement with the State or local 5 governmental unit or private entity provided for in this 6 Section is not in effect for any reason, the Department shall 7 perform the functions of the State Disbursement Unit as set 8 forth in this Section for a maximum of 12 months. 9 (e) By February 1, 2000, the Illinois Department shall 10 conduct at least 4 regional training and educational seminars 11 to educate the clerks of the circuit court on the general 12 operation of the State Disbursement Unit, the role of the 13 State Disbursement Unit, and the role of the clerks of the 14 circuit court in the collection and distribution of child 15 support payments. 16 (f) By March 1, 2000, the Illinois Department shall 17 conduct at least 4 regional educational and training seminars 18 to educate payors, as defined in the Income Withholding for 19 Support Act, on the general operation of the State 20 Disbursement Unit, the role of the State Disbursement Unit, 21 and the distribution of income withholding payments pursuant 22 to this Section and the Income Withholding for Support Act. 23 (Source: P.A. 91-212, eff. 7-20-99.) 24 Section 15. The Illinois Marriage and Dissolution of 25 Marriage Act is amended by changing Section 507.1 as follows: 26 (750 ILCS 5/507.1) 27 Sec. 507.1. Payment of Support to State Disbursement 28 Unit. 29 (a) As used in this Section: 30 "Order for support", "obligor", "obligee", and "payor" 31 mean those terms as defined in the Income Withholding for 32 Support Act, except that "order for support" shall not mean HB2773 Enrolled -6- LRB9103154SMdv 1 orders providing for spousal maintenance under which there is 2 no child support obligation. 3 (b) Notwithstanding any other provision of this Act to 4 the contrary, each order for support entered or modified on 5 or after October 1, 1999 shall require that support payments 6 be made to the State Disbursement Unit established under 7 Section 10-26 of the Illinois Public Aid Code if: 8 (1) a party to the order is receiving child and 9 spouse support services under Article X of the Illinois 10 Public Aid Code; or 11 (2) no party to the order is receiving child and 12 spouse support services, but the support payments are 13 made through income withholding. 14 (c)The Illinois Department of Public Aid shall provide15notice to the obligor and, where applicable, to the obligor's16payor to makeSupport payments shall be made to the State 17 Disbursement Unit if: 18 (1) the order for support was entered before 19 October 1, 1999, and a party to the order is receiving 20 child and spouse support services under Article X of the 21 Illinois Public Aid Code; or 22 (2)the order for support was entered after January231, 1994,no party to the order is receiving child and 24 spouse support services, and the support payments are 25 being made through income withholding. 26 (c-5) If no party to the order is receiving child and 27 spouse support services under Article X of the Illinois 28 Public Aid Code, and the support payments are not made 29 through income withholding, then support payments shall be 30 made as directed by the order for support. 31 (c-10) Within 15 days after the effective date of this 32 amendatory Act of the 91st General Assembly, the Illinois 33 Department shall provide written notice to the clerk of the 34 circuit court, the obligor, and, where applicable, the HB2773 Enrolled -7- LRB9103154SMdv 1 obligor's payor to make payments to the State Disbursement 2 Unit if: 3 (1) the order for support was entered before October 4 1, 1999, and a party to the order is receiving child and 5 spouse support services under Article X of the Illinois 6 Public Aid Code; or 7 (2) no party to the order is receiving child and 8 spouse support services, and the support payments are 9 being made through income withholding. 10 (c-15) Within 15 days after the effective date of this 11 amendatory Act of the 91st General Assembly, the clerk of the 12 circuit court shall provide written notice to the obligor to 13 make payments directly to the clerk of the circuit court if 14 no party to the order is receiving child and spouse support 15 services under Article X of the Illinois Public Aid Code, the 16 support payments are not made through income withholding, and 17 the order for support requires support payments to be made 18 directly to the clerk of the circuit court. 19 (c-20) If the State Disbursement Unit receives a support 20 payment that was not appropriately made to the Unit under 21 this Section, the Unit shall immediately return the payment 22 to the sender, including, if possible, instructions detailing 23 where to send the support payment. 24 (d) The noticesnoticerequired under subsections (c-10) 25 and (c-15)subsection (c)may be sent by ordinary mail, 26 certified mail, return receipt requested, facsimile 27 transmission, or other electronic process, or may be served 28 upon the obligor or payor using any method provided by law 29 for service of a summons. The Illinois Department of Public 30 Aid shall provide a copy of the notice to the obligee and to 31 the clerk of the court. 32 (Source: P.A. 91-212, eff. 7-20-99.) 33 Section 20. The Uniform Interstate Family Support Act is HB2773 Enrolled -8- LRB9103154SMdv 1 amended by adding Section 320 as follows: 2 (750 ILCS 22/320 new) 3 Sec. 320. Payment of Support to State Disbursement Unit. 4 (a) As used in this Section: 5 "Order for support", "obligor", "obligee", and "payor" 6 mean those terms as defined in the Income Withholding for 7 Support Act, except that "order for support" means an order 8 entered by any tribunal of this State but shall not mean 9 orders providing for spousal maintenance under which there is 10 no child support obligation. 11 (b) Notwithstanding any other provision of this Act to 12 the contrary, each order for support entered or modified on 13 or after October 1, 1999 shall require that support payments 14 be made to the State Disbursement Unit established under 15 Section 10-26 of the Illinois Public Aid Code if: 16 (1) a party to the order is receiving child and 17 spouse support services under Article X of the Illinois 18 Public Aid Code; or 19 (2) no party to the order is receiving child and 20 spouse support services, but the support payments are 21 made through income withholding. 22 (c) Support payments shall be made to the State 23 Disbursement Unit if: 24 (1) the order for support was entered before October 25 1, 1999, and a party to the order is receiving child and 26 spouse support services under Article X of the Illinois 27 Public Aid Code; or 28 (2) no party to the order is receiving child and 29 spouse support services, and the support payments are 30 being made through income withholding. 31 (c-5) If no party to the order is receiving child and 32 spouse support services under Article X of the Illinois 33 Public Aid Code, and the support payments are not made HB2773 Enrolled -9- LRB9103154SMdv 1 through income withholding, then support payments shall be 2 made as directed by the order for support. 3 (c-10) Within 15 days after the effective date of this 4 amendatory Act of the 91st General Assembly, the Illinois 5 Department shall provide written notice to the clerk of the 6 circuit court, the obligor, and, where applicable, the 7 obligor's payor to make payments to the State Disbursement 8 Unit if: 9 (1) the order for support was entered before October 10 1, 1999, and a party to the order is receiving child and 11 spouse support services under Article X of the Illinois 12 Public Aid Code; or 13 (2) no party to the order is receiving child and 14 spouse support services, and the support payments are 15 being made through income withholding. 16 (c-15) Within 15 days after the effective date of this 17 amendatory Act of the 91st General Assembly, the clerk of the 18 circuit court shall provide written notice to the obligor to 19 make payments directly to the clerk of the circuit court if 20 no party to the order is receiving child and spouse support 21 services under Article X of the Illinois Public Aid Code, the 22 support payments are not made through income withholding, and 23 the order for support requires support payments to be made 24 directly to the clerk of the circuit court. 25 (c-20) If the State Disbursement Unit receives a support 26 payment that was not appropriately made to the Unit under 27 this Section, the Unit shall immediately return the payment 28 to the sender, including, if possible, instructions detailing 29 where to send the support payments. 30 (d) The notices required under subsections (c-10) and 31 (c-15) may be sent by ordinary mail, certified mail, return 32 receipt requested, facsimile transmission, or other 33 electronic process, or may be served upon the obligor or 34 payor using any method provided by law for service of a HB2773 Enrolled -10- LRB9103154SMdv 1 summons. The Illinois Department of Public Aid shall provide 2 a copy of the notice to the obligee and to the clerk of the 3 court. 4 Section 22. The Income Withholding for Support Act is 5 amended by changing Section 35 as follows: 6 (750 ILCS 28/35) 7 Sec. 35. Duties of payor. 8 (a) It shall be the duty of any payor who has been 9 served with an income withholding notice to deduct and pay 10 over income as provided in this Section. The payor shall 11 deduct the amount designated in the income withholding 12 notice, as supplemented by any notice provided pursuant to 13 subsection (f) of Section 45, beginning no later than the 14 next payment of income which is payable or creditable to the 15 obligor that occurs 14 days following the date the income 16 withholding notice was mailed, sent by facsimile or other 17 electronic means, or placed for personal delivery to or 18 service on the payor. The payor may combine all amounts 19 withheld for the benefit of an obligee or public office into 20 a single payment and transmit the payment with a listing of 21 obligors from whom withholding has been effected. The payor 22 shall pay the amount withheld to the State Disbursement Unit 23 within 7 business days after the date the amount would (but 24 for the duty to withhold income) have been paid or credited 25 to the obligor. If the payor knowingly fails to pay any 26 amount withheld to the State Disbursement Unit within 7 27 business days after the date the amount would have been paid 28 or credited to the obligor, the payor shall pay a penalty of 29 $100 for each day that the withheld amount is not paid to the 30 State Disbursement Unit after the period of 7 business days 31 has expired. The failure of a payor, on more than one 32 occasion, to pay amounts withheld to the State Disbursement HB2773 Enrolled -11- LRB9103154SMdv 1 Unit within 7 business days after the date the amount would 2 have been paid or credited to the obligor creates a 3 presumption that the payor knowingly failed to pay over the 4 amounts. This penalty may be collected in a civil action 5 which may be brought against the payor in favor of the 6 obligee or public office. A finding of a payor's 7 nonperformance within the time required under this Act must 8 be documented by a certified mail return receipt showing the 9 date the income withholding notice was served on the payor. 10 For purposes of this Act, a withheld amount shall be 11 considered paid by a payor on the date it is mailed by the 12 payor, or on the date an electronic funds transfer of the 13 amount has been initiated by the payor, or on the date 14 delivery of the amount has been initiated by the payor. For 15 each deduction, the payor shall provide the State 16 Disbursement Unit, at the time of transmittal, with the date 17 the amount would (but for the duty to withhold income) have 18 been paid or credited to the obligor. 19 After June 30, 2000, every payor that has 250 or more 20 employees shall use electronic funds transfer to pay all 21 amounts withheld under this Section. During the year 2001 22 and during each year thereafter, every payor that has fewer 23 than 250 employees and that withheld income under this 24 Section pursuant to 10 or more income withholding notices 25 during December of the preceding year shall use electronic 26 funds transfer to pay all amounts withheld under this 27 Section. 28 Upon receipt of an income withholding notice requiring 29 that a minor child be named as a beneficiary of a health 30 insurance plan available through an employer or labor union 31 or trade union, the employer or labor union or trade union 32 shall immediately enroll the minor child as a beneficiary in 33 the health insurance plan designated by the income 34 withholding notice. The employer shall withhold any required HB2773 Enrolled -12- LRB9103154SMdv 1 premiums and pay over any amounts so withheld and any 2 additional amounts the employer pays to the insurance carrier 3 in a timely manner. The employer or labor union or trade 4 union shall mail to the obligee, within 15 days of enrollment 5 or upon request, notice of the date of coverage, information 6 on the dependent coverage plan, and all forms necessary to 7 obtain reimbursement for covered health expenses, such as 8 would be made available to a new employee. When an order for 9 dependent coverage is in effect and the insurance coverage is 10 terminated or changed for any reason, the employer or labor 11 union or trade union shall notify the obligee within 10 days 12 of the termination or change date along with notice of 13 conversion privileges. 14 For withholding of income, the payor shall be entitled to 15 receive a fee not to exceed $5 per month to be taken from the 16 income to be paid to the obligor. 17 (b) Whenever the obligor is no longer receiving income 18 from the payor, the payor shall return a copy of the income 19 withholding notice to the obligee or public office and shall 20 provide information for the purpose of enforcing this Act. 21 (c) Withholding of income under this Act shall be made 22 without regard to any prior or subsequent garnishments, 23 attachments, wage assignments, or any other claims of 24 creditors. Withholding of income under this Act shall not be 25 in excess of the maximum amounts permitted under the federal 26 Consumer Credit Protection Act. If the payor has been served 27 with more than one income withholding notice pertaining to 28 the same obligor, the payor shall allocate income available 29 for withholding on a proportionate share basis, giving 30 priority to current support payments. If there is any income 31 available for withholding after withholding for all current 32 support obligations, the payor shall allocate the income to 33 past due support payments ordered in cases in which cash 34 assistance under the Illinois Public Aid Code is not being HB2773 Enrolled -13- LRB9103154SMdv 1 provided to the obligee and then to past due support payments 2 ordered in cases in which cash assistance under the Illinois 3 Public Aid Code is being provided to the obligee, both on a 4 proportionate share basis. A payor who complies with an 5 income withholding notice that is regular on its face shall 6 not be subject to civil liability with respect to any 7 individual, any agency, or any creditor of the obligor for 8 conduct in compliance with the notice. 9 (d) No payor shall discharge, discipline, refuse to hire 10 or otherwise penalize any obligor because of the duty to 11 withhold income. 12 (Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99.) 13 Section 25. The Illinois Parentage Act of 1984 is 14 amended by changing Section 21.1 as follows: 15 (750 ILCS 45/21.1) 16 Sec. 21.1. Payment of Support to State Disbursement Unit. 17 (a) As used in this Section: 18 "Order for support", "obligor", "obligee", and "payor" 19 mean those terms as defined in the Income Withholding for 20 Support Act, except that "order for support" shall not mean 21 orders providing for spousal maintenance under which there is 22 no child support obligation. 23 (b) Notwithstanding any other provision of this Act to 24 the contrary, each order for support entered or modified on 25 or after October 1, 1999 shall require that support payments 26 be made to the State Disbursement Unit established under 27 Section 10-26 of the Illinois Public Aid Code if: 28 (1) a party to the order is receiving child and 29 spouse support services under Article X of the Illinois 30 Public Aid Code; or 31 (2) no party to the order is receiving child and 32 spouse support services, but the support payments are HB2773 Enrolled -14- LRB9103154SMdv 1 made through income withholding. 2 (c)The Illinois Department of Public Aid shall provide3notice to the obligor and, where applicable, to the obligor's4payor to makeSupport payments shall be made to the State 5 Disbursement Unit if: 6 (1) the order for support was entered before October 7 1, 1999, and 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)the order for support was entered after January111, 1994,no party to the order is receiving child and 12 spouse support services, and the support payments are 13 being made through income withholding. 14 (c-5) If no party to the order is receiving child and 15 spouse support services under Article X of the Illinois 16 Public Aid Code, and the support payments are not made 17 through income withholding, then support payments shall be 18 made as directed by the order for support. 19 (c-10) Within 15 days after the effective date of this 20 amendatory Act of the 91st General Assembly, the Illinois 21 Department shall provide written notice to the clerk of the 22 circuit court, the obligor, and, where applicable, the 23 obligor's payor to make payments to the State Disbursement 24 Unit if: 25 (1) the order for support was entered before October 26 1, 1999, and a party to the order is receiving child and 27 spouse support services under Article X of the Illinois 28 Public Aid Code; or 29 (2) no party to the order is receiving child and 30 spouse support services, and the support payments are 31 being made through income withholding. 32 (c-15) Within 15 days after the effective date of this 33 amendatory Act of the 91st General Assembly, the clerk of the 34 circuit court shall provide written notice to the obligor to HB2773 Enrolled -15- LRB9103154SMdv 1 make payments directly to the clerk of the circuit court if 2 no party to the order is receiving child and spouse support 3 services under Article X of the Illinois Public Aid Code, the 4 support payments are not made through income withholding, and 5 the order for support requires support payments to be made 6 directly to the clerk of the circuit court. 7 (c-20) If the State Disbursement Unit receives a support 8 payment that was not appropriately made to the Unit under 9 this Section, the Unit shall immediately return the payment 10 to the sender, including, if possible, instructions detailing 11 where to send the support payments. 12 (d) The noticesnoticerequired under subsections (c-10) 13 and (c-15)subsection (c)may be sent by ordinary mail, 14 certified mail, return receipt requested, facsimile 15 transmission, or other electronic process, or may be served 16 upon the obligor or payor using any method provided by law 17 for service of a summons. The Illinois Department of Public 18 Aid shall provide a copy of the notice to the obligee and to 19 the clerk of the court. 20 (Source: P.A. 91-212, eff. 7-20-99.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.