Rep. Cynthia Soto

Filed: 3/19/2004

 

 


 

 


 
09300HB4310ham001 LRB093 18967 DRJ 48566 a

1
AMENDMENT TO HOUSE BILL 4310

2     AMENDMENT NO. ______. Amend House Bill 4310 on page 1, line
3 18, by replacing "30" with "90"; and
 
4 on page 2, line 15, by replacing "30" with "90"; and
 
5 on page 3, line 11, by replacing "30" with "90"; and
 
6 on page 4, lines 5 and 34, by replacing "30" each time it
7 appears with "90"; and
 
8 on page 5, by replacing lines 19 through 28 with the following:
9
10     "(a) For purposes of this Section:
11     "Financial institution" and "account" are defined as set
12 forth in Section 10-24.
13     "Payor" is defined as set forth in Section 15 of the Income
14 Withholding for Support Act.
15     "Order for support" means any order for periodic payment of
16 funds to the State Disbursement Unit for the support of a child
17 or, where applicable, for support of a child and a parent with
18 whom the child resides, that is entered or modified under this
19 Code or under the Illinois Marriage and Dissolution of Marriage
20 Act, the Non-Support of Spouse and Children Act, the
21 Non-Support Punishment Act, or the Illinois Parentage Act of
22 1984, or that is entered or registered for modification or

 

 

09300HB4310ham001 - 2 - LRB093 18967 DRJ 48566 a

1 enforcement under the Uniform Interstate Family Support Act.
2     "Obligor" means an individual who owes a duty to make
3 payments under an order for support in a case in which child
4 support enforcement services are being provided under this
5 Article X."; and
 
6 on page 6, by replacing lines 13 through 30 with the following:
7     "(c) An obligor who does not have a payor may sign a child
8 support debit authorization form adopted by the Department
9 under this Section. The obligor may sign a form in relation to
10 any or all of the financial institutions holding an account on
11 the obligor's behalf. Promptly after an obligor signs a child
12 support debit authorization form, the Department shall send the
13 original signed form to the appropriate financial institution.
14 Subject to subsection (e), upon receiving the form, the
15 financial institution shall debit the account and transfer the
16 debited amounts to the State Disbursement Unit according to the
17 instructions in the form. A financial institution that complies
18 with a child support debit authorization form signed by an
19 obligor and issued under this Section shall not be subject to
20 civil liability with respect to any individual or any agency.
21     (d) The signing and issuance of a child support debit
22 authorization form under this Section does not relieve the
23 obligor from responsibility for compliance with any
24 requirement under the order for support.
25     (e) A financial institution is obligated to debit the
26 account of an obligor pursuant to this Section only if or to
27 the extent:
28         (1) the financial institution reasonably believes the
29 debit authorization form is a true and authentic original
30 document;     
31         (2) there are finally collected funds in the account;
32 and
33         (3) the account is not subject to offsetting claims of

 

 

09300HB4310ham001 - 3 - LRB093 18967 DRJ 48566 a

1 the financial institution, whether due at the time of
2 receipt of the debit authorization form or thereafter to
3 become due and whether liquidated or unliquidated.
4     To the extent the account of the obligor is pledged or held
5 by the financial institution as security for a loan or other
6 obligation, or that the financial institution has any other
7 claim or lien against the account, the financial institution is
8 entitled to retain the account."; and    
 
9 by deleting lines 31 through 34 on page 6, all of pages 7 and 8,
10 and lines 1 through 27 on page 9.