Full Text of HB4310 93rd General Assembly
HB4310ham001 93RD GENERAL ASSEMBLY
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Rep. Cynthia Soto
Filed: 3/19/2004
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09300HB4310ham001 |
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LRB093 18967 DRJ 48566 a |
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| AMENDMENT TO HOUSE BILL 4310
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| AMENDMENT NO. ______. Amend House Bill 4310 on page 1, line | 3 |
| 18, by replacing " 30 " with " 90 "; and
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| 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
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| on page 5, by replacing lines 19 through 28 with the following: | 9 |
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| " (a) For purposes of this Section:
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| "Financial institution" and "account" are defined as set | 12 |
| forth in Section 10-24.
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| "Payor" is defined as set forth in Section 15 of the Income | 14 |
| Withholding for Support Act.
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| "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 |
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LRB093 18967 DRJ 48566 a |
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| enforcement under the Uniform Interstate Family Support Act.
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| "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.
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| (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.
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| (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:
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| (1) the financial institution reasonably believes the | 29 |
| debit authorization form is a true and authentic original | 30 |
| document;
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| (2) there are finally collected funds in the account; | 32 |
| and
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| (3) the account is not subject to offsetting claims of |
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LRB093 18967 DRJ 48566 a |
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| 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.
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