Illinois General Assembly - Full Text of HB0011
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Full Text of HB0011  98th General Assembly

HB0011eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB0011 EngrossedLRB098 00182 CEL 30183 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by adding
5Section 8-206.5 as follows:
 
6    (220 ILCS 5/8-206.5 new)
7    Sec. 8-206.5. Residential hardship programs. All public
8utilities shall give notice and shall supply information
9accessible by the internet about any program a public utility
10is currently offering to residential customers experiencing
11difficulty in paying utility bills due to financial hardship.
12If a residential customer contacts a public utility concerning
13the customer's financial hardship and inability to pay utility
14bills for winter energy services, then the public utility shall
15refer the customer to the Low Income Home Energy Assistance
16Program managed by the Department of Commerce and Economic
17Opportunity. When making a referral, the public utility shall
18inform the customer that the Low Income Home Energy Assistance
19Program is designed to assist income-eligible households with
20winter energy services through payment in the form of a grant
21for assistance made on behalf of the customer to the utilities.
22Each public utility shall post information concerning the Low
23Income Home Energy Assistance Program on its website and the

 

 

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1information shall also be made available upon a customer's
2request.
 
3    Section 10. The Pharmacy Practice Act is amended by adding
4Section 26.5 as follows:
 
5    (225 ILCS 85/26.5 new)
6    Sec. 26.5. Unemployed persons. If a person is unemployed
7and requires prescription medication, then upon filing for
8benefits with the Department of Employment Security or upon
9applying for Medicaid benefits with the Department of
10Healthcare and Family Services, the respective Department
11shall inform the applicant of benefits of acquiring
12prescription medications via materials developed by the agency
13and distributed through that respective agency. The services of
14referral agencies, such as Partnership for Prescription
15Assistance, can facilitate access to free or discounted
16medications per the needs of the patients.
 
17    Section 15. The Code of Civil Procedure is amended by
18changing Section 15-1508 as follows:
 
19    (735 ILCS 5/15-1508)  (from Ch. 110, par. 15-1508)
20    (Text of Section before amendment by P.A. 97-1164)
21    Sec. 15-1508. Report of Sale and Confirmation of Sale.
22    (a) Report. The person conducting the sale shall promptly

 

 

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1make a report to the court, which report shall include a copy
2of all receipts and, if any, certificate of sale.
3    (b) Hearing. Upon motion and notice in accordance with
4court rules applicable to motions generally, which motion shall
5not be made prior to sale, the court shall conduct a hearing to
6confirm the sale. Unless the court finds that (i) a notice
7required in accordance with subsection (c) of Section 15-1507
8was not given, (ii) the terms of sale were unconscionable,
9(iii) the sale was conducted fraudulently, or (iv) justice was
10otherwise not done, the court shall then enter an order
11confirming the sale. The confirmation order shall include a
12name, address, and telephone number of the holder of the
13certificate of sale or deed issued pursuant to that certificate
14or, if no certificate or deed was issued, the purchaser, whom a
15municipality or county may contact with concerns about the real
16estate. The confirmation order may also:
17        (1) approve the mortgagee's fees and costs arising
18    between the entry of the judgment of foreclosure and the
19    confirmation hearing, those costs and fees to be allowable
20    to the same extent as provided in the note and mortgage and
21    in Section 15-1504;
22        (2) provide for a personal judgment against any party
23    for a deficiency; and
24        (3) determine the priority of the judgments of parties
25    who deferred proving the priority pursuant to subsection
26    (h) of Section 15-1506, but the court shall not defer

 

 

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1    confirming the sale pending the determination of such
2    priority.
3    (b-5) Notice with respect to residential real estate. With
4respect to residential real estate, the notice required under
5subsection (b) of this Section shall be sent to the mortgagor
6even if the mortgagor has previously been held in default. In
7the event the mortgagor has filed an appearance, the notice
8shall be sent to the address indicated on the appearance. In
9all other cases, the notice shall be sent to the mortgagor at
10the common address of the foreclosed property. The notice shall
11be sent by first class mail. Unless the right to possession has
12been previously terminated by the court, the notice shall
13include the following language in 12-point boldface
14capitalized type:
15
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
16
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
17
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
18
ILLINOIS MORTGAGE FORECLOSURE LAW.
19    (b-10) Notice of confirmation order sent to municipality or
20county. A copy of the confirmation order required under
21subsection (b) shall be sent to the municipality in which the
22foreclosed property is located, or to the county within the
23boundary of which the foreclosed property is located if the
24foreclosed property is located in an unincorporated territory.
25A municipality or county must clearly publish on its website a
26single address to which such notice shall be sent. If a

 

 

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1municipality or county does not maintain a website, then the
2municipality or county must publicly post in its main office a
3single address to which such notice shall be sent. In the event
4that a municipality or county has not complied with the
5publication requirement in this subsection (b-10), then such
6notice to the municipality or county shall be provided pursuant
7to Section 2-211 of the Code of Civil Procedure.
8    (c) Failure to Give Notice. If any sale is held without
9compliance with subsection (c) of Section 15-1507 of this
10Article, any party entitled to the notice provided for in
11paragraph (3) of that subsection (c) who was not so notified
12may, by motion supported by affidavit made prior to
13confirmation of such sale, ask the court which entered the
14judgment to set aside the sale. Any such party shall guarantee
15or secure by bond a bid equal to the successful bid at the
16prior sale, unless the party seeking to set aside the sale is
17the mortgagor, the real estate sold at the sale is residential
18real estate, and the mortgagor occupies the residential real
19estate at the time the motion is filed. In that event, no
20guarantee or bond shall be required of the mortgagor. Any
21subsequent sale is subject to the same notice requirement as
22the original sale.
23    (d) Validity of Sale. Except as provided in subsection (c)
24of Section 15-1508, no sale under this Article shall be held
25invalid or be set aside because of any defect in the notice
26thereof or in the publication of the same, or in the

 

 

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1proceedings of the officer conducting the sale, except upon
2good cause shown in a hearing pursuant to subsection (b) of
3Section 15-1508. At any time after a sale has occurred, any
4party entitled to notice under paragraph (3) of subsection (c)
5of Section 15-1507 may recover from the mortgagee any damages
6caused by the mortgagee's failure to comply with such paragraph
7(3). Any party who recovers damages in a judicial proceeding
8brought under this subsection may also recover from the
9mortgagee the reasonable expenses of litigation, including
10reasonable attorney's fees.
11    (d-5) Making Home Affordable Program. The court that
12entered the judgment shall set aside a sale held pursuant to
13Section 15-1507, upon motion of the mortgagor at any time prior
14to the confirmation of the sale, if the mortgagor proves by a
15preponderance of the evidence that (i) the mortgagor has
16applied for assistance under the Making Home Affordable Program
17established by the United States Department of the Treasury
18pursuant to the Emergency Economic Stabilization Act of 2008,
19as amended by the American Recovery and Reinvestment Act of
202009, and (ii) the mortgaged real estate was sold in material
21violation of the program's requirements for proceeding to a
22judicial sale. The provisions of this subsection (d-5), except
23for this sentence, shall become inoperative on January 1, 2014
24for all actions filed under this Article after December 31,
252013, in which the mortgagor did not apply for assistance under
26the Making Home Affordable Program on or before December 31,

 

 

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12013.
2    (d-10) Illinois Hardest Hit Program. The court that entered
3the judgment shall set aside a sale held pursuant to Section
415-1507 of this Act, upon motion of the mortgagor at any time
5prior to the confirmation of the sale, if the mortgagor proves
6by a preponderance of the evidence that (i) the mortgagor is
7receiving assistance under the Illinois Hardest Hit Program as
8created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered
9by the Illinois Housing Development Authority pursuant to the
10Illinois Housing Development Act and (ii) the assistance
11received under part (i) of this subsection has enabled the
12mortgagor to reinstate the mortgage pursuant to Section 15-1602
13of this Act and make continuing mortgage payments as available
14under the Illinois Hardest Hit Program to avoid default.
15Nothing in this subsection shall prohibit the mortgagee from
16proceeding in the foreclosure action upon a subsequent default
17of the mortgagor. Except for this sentence, this subsection is
18inoperative on and after January 1, 2017 for all actions filed
19under this Article after December 31, 2016 in which the
20mortgagor did not begin receiving the assistance described in
21this subsection under the Illinois Hardest Hit Program on or
22before December 31, 2016.
23    (e) Deficiency Judgment. In any order confirming a sale
24pursuant to the judgment of foreclosure, the court shall also
25enter a personal judgment for deficiency against any party (i)
26if otherwise authorized and (ii) to the extent requested in the

 

 

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1complaint and proven upon presentation of the report of sale in
2accordance with Section 15-1508. Except as otherwise provided
3in this Article, a judgment may be entered for any balance of
4money that may be found due to the plaintiff, over and above
5the proceeds of the sale or sales, and enforcement may be had
6for the collection of such balance, the same as when the
7judgment is solely for the payment of money. Such judgment may
8be entered, or enforcement had, only in cases where personal
9service has been had upon the persons personally liable for the
10mortgage indebtedness, unless they have entered their
11appearance in the foreclosure action.
12    (f) Satisfaction. Upon confirmation of the sale, the
13judgment stands satisfied to the extent of the sale price less
14expenses and costs. If the order confirming the sale includes a
15deficiency judgment, the judgment shall become a lien in the
16manner of any other judgment for the payment of money.
17    (g) The order confirming the sale shall include,
18notwithstanding any previous orders awarding possession during
19the pendency of the foreclosure, an award to the purchaser of
20possession of the mortgaged real estate, as of the date 30 days
21after the entry of the order, against the parties to the
22foreclosure whose interests have been terminated.
23    An order of possession authorizing the removal of a person
24from possession of the mortgaged real estate shall be entered
25and enforced only against those persons personally named as
26individuals in the complaint or the petition under subsection

 

 

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1(h) of Section 15-1701 and in the order of possession and shall
2not be entered and enforced against any person who is only
3generically described as an unknown owner or nonrecord claimant
4or by another generic designation in the complaint.
5    Notwithstanding the preceding paragraph, the failure to
6personally name, include, or seek an award of possession of the
7mortgaged real estate against a person in the confirmation
8order shall not abrogate any right that the purchaser may have
9to possession of the mortgaged real estate and to maintain a
10proceeding against that person for possession under Article 9
11of this Code or subsection (h) of Section 15-1701; and
12possession against a person who (1) has not been personally
13named as a party to the foreclosure and (2) has not been
14provided an opportunity to be heard in the foreclosure
15proceeding may be sought only by maintaining a proceeding under
16Article 9 of this Code or subsection (h) of Section 15-1701.
17    (h) With respect to mortgaged real estate containing 5 or
18more dwelling units, the order confirming the sale shall also
19provide that (i) the mortgagor shall transfer to the purchaser
20the security deposits, if any, that the mortgagor received to
21secure payment of rent or to compensate for damage to the
22mortgaged real estate from any current occupant of a dwelling
23unit of the mortgaged real estate, as well as any statutory
24interest that has not been paid to the occupant, and (ii) the
25mortgagor shall provide an accounting of the security deposits
26that are transferred, including the name and address of each

 

 

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1occupant for whom the mortgagor holds the deposit and the
2amount of the deposit and any statutory interest.
3(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
496-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
58-26-11; 97-1159, eff. 1-29-13.)
 
6    (Text of Section after amendment by P.A. 97-1164)
7    Sec. 15-1508. Report of Sale and Confirmation of Sale.
8    (a) Report. The person conducting the sale shall promptly
9make a report to the court, which report shall include a copy
10of all receipts and, if any, certificate of sale.
11    (b) Hearing. Upon motion and notice in accordance with
12court rules applicable to motions generally, which motion shall
13not be made prior to sale, the court shall conduct a hearing to
14confirm the sale. Unless the court finds that (i) a notice
15required in accordance with subsection (c) of Section 15-1507
16was not given, (ii) the terms of sale were unconscionable,
17(iii) the sale was conducted fraudulently, or (iv) justice was
18otherwise not done, the court shall then enter an order
19confirming the sale. The confirmation order shall include a
20name, address, and telephone number of the holder of the
21certificate of sale or deed issued pursuant to that certificate
22or, if no certificate or deed was issued, the purchaser, whom a
23municipality or county may contact with concerns about the real
24estate. The confirmation order may also:
25        (1) approve the mortgagee's fees and costs arising

 

 

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1    between the entry of the judgment of foreclosure and the
2    confirmation hearing, those costs and fees to be allowable
3    to the same extent as provided in the note and mortgage and
4    in Section 15-1504;
5        (2) provide for a personal judgment against any party
6    for a deficiency; and
7        (3) determine the priority of the judgments of parties
8    who deferred proving the priority pursuant to subsection
9    (h) of Section 15-1506, but the court shall not defer
10    confirming the sale pending the determination of such
11    priority.
12    (b-3) Hearing to confirm sale of abandoned residential
13property. Upon motion and notice by first-class mail to the
14last known address of the mortgagor, which motion shall be made
15prior to the sale and heard by the court at the earliest
16practicable time after conclusion of the sale, and upon the
17posting at the property address of the notice required by
18paragraph (2) of subsection (l) of Section 15-1505.8, the court
19shall enter an order confirming the sale of the abandoned
20residential property, unless the court finds that a reason set
21forth in items (i) through (iv) of subsection (b) of this
22Section exists for not approving the sale, or an order is
23entered pursuant to subsection (h) of Section 15-1505.8. The
24confirmation order also may address the matters identified in
25items (1) through (3) of subsection (b) of this Section. The
26notice required under subsection (b-5) of this Section shall

 

 

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1not be required.
2    (b-5) Notice with respect to residential real estate. With
3respect to residential real estate, the notice required under
4subsection (b) of this Section shall be sent to the mortgagor
5even if the mortgagor has previously been held in default. In
6the event the mortgagor has filed an appearance, the notice
7shall be sent to the address indicated on the appearance. In
8all other cases, the notice shall be sent to the mortgagor at
9the common address of the foreclosed property. The notice shall
10be sent by first class mail. Unless the right to possession has
11been previously terminated by the court, the notice shall
12include the following language in 12-point boldface
13capitalized type:
14
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
15
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
16
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
17
ILLINOIS MORTGAGE FORECLOSURE LAW.
18    (b-10) Notice of confirmation order sent to municipality or
19county. A copy of the confirmation order required under
20subsection (b) shall be sent to the municipality in which the
21foreclosed property is located, or to the county within the
22boundary of which the foreclosed property is located if the
23foreclosed property is located in an unincorporated territory.
24A municipality or county must clearly publish on its website a
25single address to which a copy of the order shall be sent. If a
26municipality or county does not maintain a website, then the

 

 

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1municipality or county must publicly post in its main office a
2single address to which a copy of the order shall be sent. In
3the event that a municipality or county has not complied with
4the publication requirement in this subsection (b-10), then a
5copy of the order shall be sent by first class mail, postage
6prepaid, to the chairperson of the county board or county clerk
7in the case of a county, to the mayor or city clerk in the case
8of a city, to the president of the board of trustees or village
9clerk in the case of a village, or to the president or town
10clerk in the case of a town.
11    (b-15) Notice of confirmation order sent to known insurers.
12With respect to residential real estate, the party filing the
13complaint shall send a copy of the confirmation order required
14under subsection (b) by first class mail, postage prepaid, to
15the last known property insurer of the foreclosed property.
16Failure to send or receive a copy of the order shall not impair
17or abrogate in any way the rights of the mortgagee or purchaser
18or affect the status of the foreclosure proceedings.
19    (c) Failure to Give Notice. If any sale is held without
20compliance with subsection (c) of Section 15-1507 of this
21Article, any party entitled to the notice provided for in
22paragraph (3) of that subsection (c) who was not so notified
23may, by motion supported by affidavit made prior to
24confirmation of such sale, ask the court which entered the
25judgment to set aside the sale. Any such party shall guarantee
26or secure by bond a bid equal to the successful bid at the

 

 

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1prior sale, unless the party seeking to set aside the sale is
2the mortgagor, the real estate sold at the sale is residential
3real estate, and the mortgagor occupies the residential real
4estate at the time the motion is filed. In that event, no
5guarantee or bond shall be required of the mortgagor. Any
6subsequent sale is subject to the same notice requirement as
7the original sale.
8    (d) Validity of Sale. Except as provided in subsection (c)
9of Section 15-1508, no sale under this Article shall be held
10invalid or be set aside because of any defect in the notice
11thereof or in the publication of the same, or in the
12proceedings of the officer conducting the sale, except upon
13good cause shown in a hearing pursuant to subsection (b) of
14Section 15-1508. At any time after a sale has occurred, any
15party entitled to notice under paragraph (3) of subsection (c)
16of Section 15-1507 may recover from the mortgagee any damages
17caused by the mortgagee's failure to comply with such paragraph
18(3). Any party who recovers damages in a judicial proceeding
19brought under this subsection may also recover from the
20mortgagee the reasonable expenses of litigation, including
21reasonable attorney's fees.
22    (d-5) Making Home Affordable Program. The court that
23entered the judgment shall set aside a sale held pursuant to
24Section 15-1507, upon motion of the mortgagor at any time prior
25to the confirmation of the sale, if the mortgagor proves by a
26preponderance of the evidence that (i) the mortgagor has

 

 

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1applied for assistance under the Making Home Affordable Program
2established by the United States Department of the Treasury
3pursuant to the Emergency Economic Stabilization Act of 2008,
4as amended by the American Recovery and Reinvestment Act of
52009, and (ii) the mortgaged real estate was sold in material
6violation of the program's requirements for proceeding to a
7judicial sale. The provisions of this subsection (d-5), except
8for this sentence, shall become inoperative on January 1, 2014
9for all actions filed under this Article after December 31,
102013, in which the mortgagor did not apply for assistance under
11the Making Home Affordable Program on or before December 31,
122013.
13    (d-10) Illinois Hardest Hit Program. The court that entered
14the judgment shall set aside a sale held pursuant to Section
1515-1507 of this Act, upon motion of the mortgagor at any time
16prior to the confirmation of the sale, if the mortgagor proves
17by a preponderance of the evidence that (i) the mortgagor is
18receiving assistance under the Illinois Hardest Hit Program as
19created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered
20by the Illinois Housing Development Authority pursuant to the
21Illinois Housing Development Act and (ii) the assistance
22received under part (i) of this subsection has enabled the
23mortgagor to reinstate the mortgage pursuant to Section 15-1602
24of this Act and make continuing mortgage payments as available
25under the Illinois Hardest Hit Program to avoid default.
26Nothing in this subsection shall prohibit the mortgagee from

 

 

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1proceeding in the foreclosure action upon a subsequent default
2of the mortgagor. Except for this sentence, this subsection is
3inoperative on and after January 1, 2017 for all actions filed
4under this Article after December 31, 2016 in which the
5mortgagor did not begin receiving the assistance described in
6this subsection under the Illinois Hardest Hit Program on or
7before December 31, 2016.
8    (e) Deficiency Judgment. In any order confirming a sale
9pursuant to the judgment of foreclosure, the court shall also
10enter a personal judgment for deficiency against any party (i)
11if otherwise authorized and (ii) to the extent requested in the
12complaint and proven upon presentation of the report of sale in
13accordance with Section 15-1508. Except as otherwise provided
14in this Article, a judgment may be entered for any balance of
15money that may be found due to the plaintiff, over and above
16the proceeds of the sale or sales, and enforcement may be had
17for the collection of such balance, the same as when the
18judgment is solely for the payment of money. Such judgment may
19be entered, or enforcement had, only in cases where personal
20service has been had upon the persons personally liable for the
21mortgage indebtedness, unless they have entered their
22appearance in the foreclosure action.
23    (f) Satisfaction. Upon confirmation of the sale, the
24judgment stands satisfied to the extent of the sale price less
25expenses and costs. If the order confirming the sale includes a
26deficiency judgment, the judgment shall become a lien in the

 

 

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1manner of any other judgment for the payment of money.
2    (g) The order confirming the sale shall include,
3notwithstanding any previous orders awarding possession during
4the pendency of the foreclosure, an award to the purchaser of
5possession of the mortgaged real estate, as of the date 30 days
6after the entry of the order, against the parties to the
7foreclosure whose interests have been terminated.
8    An order of possession authorizing the removal of a person
9from possession of the mortgaged real estate shall be entered
10and enforced only against those persons personally named as
11individuals in the complaint or the petition under subsection
12(h) of Section 15-1701 and in the order of possession and shall
13not be entered and enforced against any person who is only
14generically described as an unknown owner or nonrecord claimant
15or by another generic designation in the complaint.
16    Notwithstanding the preceding paragraph, the failure to
17personally name, include, or seek an award of possession of the
18mortgaged real estate against a person in the confirmation
19order shall not abrogate any right that the purchaser may have
20to possession of the mortgaged real estate and to maintain a
21proceeding against that person for possession under Article 9
22of this Code or subsection (h) of Section 15-1701; and
23possession against a person who (1) has not been personally
24named as a party to the foreclosure and (2) has not been
25provided an opportunity to be heard in the foreclosure
26proceeding may be sought only by maintaining a proceeding under

 

 

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1Article 9 of this Code or subsection (h) of Section 15-1701.
2    (h) With respect to mortgaged real estate containing 5 or
3more dwelling units, the order confirming the sale shall also
4provide that (i) the mortgagor shall transfer to the purchaser
5the security deposits, if any, that the mortgagor received to
6secure payment of rent or to compensate for damage to the
7mortgaged real estate from any current occupant of a dwelling
8unit of the mortgaged real estate, as well as any statutory
9interest that has not been paid to the occupant, and (ii) the
10mortgagor shall provide an accounting of the security deposits
11that are transferred, including the name and address of each
12occupant for whom the mortgagor holds the deposit and the
13amount of the deposit and any statutory interest.
14(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
1596-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
168-26-11; 97-1159, eff. 1-29-13; 97-1164, eff. 6-1-13; revised
172-22-13.)
 
18    Section 20. The Illinois Marriage and Dissolution of
19Marriage Act is amended by changing Section 505 as follows:
 
20    (750 ILCS 5/505)  (from Ch. 40, par. 505)
21    Sec. 505. Child support; contempt; penalties.
22    (a) In a proceeding for dissolution of marriage, legal
23separation, declaration of invalidity of marriage, a
24proceeding for child support following dissolution of the

 

 

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1marriage by a court that lacked personal jurisdiction over the
2absent spouse, a proceeding for modification of a previous
3order for child support under Section 510 of this Act, or any
4proceeding authorized under Section 501 or 601 of this Act, the
5court may order either or both parents owing a duty of support
6to a child of the marriage to pay an amount reasonable and
7necessary for the support of the child, without regard to
8marital misconduct. The duty of support owed to a child
9includes the obligation to provide for the reasonable and
10necessary educational, physical, mental and emotional health
11needs of the child. For purposes of this Section, the term
12"child" shall include any child under age 18 and any child
13under age 19 who is still attending high school.
14        (1) The Court shall determine the minimum amount of
15    support by using the following guidelines:
16Number of ChildrenPercent of Supporting Party's
17Net Income
18120%
19228%
20332%
21440%
22545%
236 or more50%
24        (2) The above guidelines shall be applied in each case
25    unless the court finds that a deviation from the guidelines
26    is appropriate after considering the best interest of the

 

 

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1    child in light of the evidence, including, but not limited
2    to, one or more of the following relevant factors:
3            (a) the financial resources and needs of the child;
4            (b) the financial resources and needs of the
5        custodial parent;
6            (c) the standard of living the child would have
7        enjoyed had the marriage not been dissolved;
8            (d) the physical, mental, and emotional needs of
9        the child;
10            (d-5) the educational needs of the child; and
11            (e) the financial resources and needs of the
12        non-custodial parent.
13        If the court deviates from the guidelines, the court's
14    finding shall state the amount of support that would have
15    been required under the guidelines, if determinable. The
16    court shall include the reason or reasons for the variance
17    from the guidelines.
18        (2.5) The court, in its discretion, in addition to
19    setting child support pursuant to the guidelines and
20    factors, may order either or both parents owing a duty of
21    support to a child of the marriage to contribute to the
22    following expenses, if determined by the court to be
23    reasonable:
24            (a) health needs not covered by insurance;
25            (b) child care;
26            (c) education; and

 

 

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1            (d) extracurricular activities.
2        (3) "Net income" is defined as the total of all income
3    from all sources, minus the following deductions:
4            (a) Federal income tax (properly calculated
5        withholding or estimated payments);
6            (b) State income tax (properly calculated
7        withholding or estimated payments);
8            (c) Social Security (FICA payments);
9            (d) Mandatory retirement contributions required by
10        law or as a condition of employment;
11            (e) Union dues;
12            (f) Dependent and individual
13        health/hospitalization insurance premiums and premiums
14        for life insurance ordered by the court to reasonably
15        secure payment of ordered child support;
16            (g) Prior obligations of support or maintenance
17        actually paid pursuant to a court order;
18            (h) Expenditures for repayment of debts that
19        represent reasonable and necessary expenses for the
20        production of income, medical expenditures necessary
21        to preserve life or health, reasonable expenditures
22        for the benefit of the child and the other parent,
23        exclusive of gifts. The court shall reduce net income
24        in determining the minimum amount of support to be
25        ordered only for the period that such payments are due
26        and shall enter an order containing provisions for its

 

 

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1        self-executing modification upon termination of such
2        payment period;
3            (i) Foster care payments paid by the Department of
4        Children and Family Services for providing licensed
5        foster care to a foster child.
6        (4) In cases where the court order provides for
7    health/hospitalization insurance coverage pursuant to
8    Section 505.2 of this Act, the premiums for that insurance,
9    or that portion of the premiums for which the supporting
10    party is responsible in the case of insurance provided
11    through an employer's health insurance plan where the
12    employer pays a portion of the premiums, shall be
13    subtracted from net income in determining the minimum
14    amount of support to be ordered.
15        (4.5) In a proceeding for child support following
16    dissolution of the marriage by a court that lacked personal
17    jurisdiction over the absent spouse, and in which the court
18    is requiring payment of support for the period before the
19    date an order for current support is entered, there is a
20    rebuttable presumption that the supporting party's net
21    income for the prior period was the same as his or her net
22    income at the time the order for current support is
23    entered.
24        (5) If the net income cannot be determined because of
25    default or any other reason, the court shall order support
26    in an amount considered reasonable in the particular case.

 

 

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1    The final order in all cases shall state the support level
2    in dollar amounts. However, if the court finds that the
3    child support amount cannot be expressed exclusively as a
4    dollar amount because all or a portion of the payor's net
5    income is uncertain as to source, time of payment, or
6    amount, the court may order a percentage amount of support
7    in addition to a specific dollar amount and enter such
8    other orders as may be necessary to determine and enforce,
9    on a timely basis, the applicable support ordered.
10        (6) If (i) the non-custodial parent was properly served
11    with a request for discovery of financial information
12    relating to the non-custodial parent's ability to provide
13    child support, (ii) the non-custodial parent failed to
14    comply with the request, despite having been ordered to do
15    so by the court, and (iii) the non-custodial parent is not
16    present at the hearing to determine support despite having
17    received proper notice, then any relevant financial
18    information concerning the non-custodial parent's ability
19    to provide child support that was obtained pursuant to
20    subpoena and proper notice shall be admitted into evidence
21    without the need to establish any further foundation for
22    its admission.
23    (a-5) In an action to enforce an order for support based on
24the respondent's failure to make support payments as required
25by the order, notice of proceedings to hold the respondent in
26contempt for that failure may be served on the respondent by

 

 

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1personal service or by regular mail addressed to the
2respondent's last known address. The respondent's last known
3address may be determined from records of the clerk of the
4court, from the Federal Case Registry of Child Support Orders,
5or by any other reasonable means.
6    (b) Failure of either parent to comply with an order to pay
7support shall be punishable as in other cases of contempt. In
8addition to other penalties provided by law the Court may,
9after finding the parent guilty of contempt, order that the
10parent be:
11        (1) placed on probation with such conditions of
12    probation as the Court deems advisable;
13        (2) sentenced to periodic imprisonment for a period not
14    to exceed 6 months; provided, however, that the Court may
15    permit the parent to be released for periods of time during
16    the day or night to:
17            (A) work; or
18            (B) conduct a business or other self-employed
19        occupation.
20    The Court may further order any part or all of the earnings
21of a parent during a sentence of periodic imprisonment paid to
22the Clerk of the Circuit Court or to the parent having custody
23or to the guardian having custody of the children of the
24sentenced parent for the support of said children until further
25order of the Court.
26    If either parent fails to pay support due to unemployment,

 

 

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1then the court may not fine or sentence the parent to periodic
2imprisonment.
3    If a parent who is found guilty of contempt for failure to
4comply with an order to pay support is a person who conducts a
5business or who is self-employed, the court in addition to
6other penalties provided by law may order that the parent do
7one or more of the following: (i) provide to the court monthly
8financial statements showing income and expenses from the
9business or the self-employment; (ii) seek employment and
10report periodically to the court with a diary, listing, or
11other memorandum of his or her employment search efforts; or
12(iii) report to the Department of Employment Security for job
13search services to find employment that will be subject to
14withholding for child support.
15    If there is a unity of interest and ownership sufficient to
16render no financial separation between a non-custodial parent
17and another person or persons or business entity, the court may
18pierce the ownership veil of the person, persons, or business
19entity to discover assets of the non-custodial parent held in
20the name of that person, those persons, or that business
21entity. The following circumstances are sufficient to
22authorize a court to order discovery of the assets of a person,
23persons, or business entity and to compel the application of
24any discovered assets toward payment on the judgment for
25support:
26        (1) the non-custodial parent and the person, persons,

 

 

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1    or business entity maintain records together.
2        (2) the non-custodial parent and the person, persons,
3    or business entity fail to maintain an arm's length
4    relationship between themselves with regard to any assets.
5        (3) the non-custodial parent transfers assets to the
6    person, persons, or business entity with the intent to
7    perpetrate a fraud on the custodial parent.
8    With respect to assets which are real property, no order
9entered under this paragraph shall affect the rights of bona
10fide purchasers, mortgagees, judgment creditors, or other lien
11holders who acquire their interests in the property prior to
12the time a notice of lis pendens pursuant to the Code of Civil
13Procedure or a copy of the order is placed of record in the
14office of the recorder of deeds for the county in which the
15real property is located.
16    The court may also order in cases where the parent is 90
17days or more delinquent in payment of support or has been
18adjudicated in arrears in an amount equal to 90 days obligation
19or more, that the parent's Illinois driving privileges be
20suspended until the court determines that the parent is in
21compliance with the order of support. The court may also order
22that the parent be issued a family financial responsibility
23driving permit that would allow limited driving privileges for
24employment and medical purposes in accordance with Section
257-702.1 of the Illinois Vehicle Code. The clerk of the circuit
26court shall certify the order suspending the driving privileges

 

 

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1of the parent or granting the issuance of a family financial
2responsibility driving permit to the Secretary of State on
3forms prescribed by the Secretary. Upon receipt of the
4authenticated documents, the Secretary of State shall suspend
5the parent's driving privileges until further order of the
6court and shall, if ordered by the court, subject to the
7provisions of Section 7-702.1 of the Illinois Vehicle Code,
8issue a family financial responsibility driving permit to the
9parent.
10    In addition to the penalties or punishment that may be
11imposed under this Section, any person whose conduct
12constitutes a violation of Section 15 of the Non-Support
13Punishment Act may be prosecuted under that Act, and a person
14convicted under that Act may be sentenced in accordance with
15that Act. The sentence may include but need not be limited to a
16requirement that the person perform community service under
17Section 50 of that Act or participate in a work alternative
18program under Section 50 of that Act. A person may not be
19required to participate in a work alternative program under
20Section 50 of that Act if the person is currently participating
21in a work program pursuant to Section 505.1 of this Act.
22    A support obligation, or any portion of a support
23obligation, which becomes due and remains unpaid as of the end
24of each month, excluding the child support that was due for
25that month to the extent that it was not paid in that month,
26shall accrue simple interest as set forth in Section 12-109 of

 

 

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1the Code of Civil Procedure. An order for support entered or
2modified on or after January 1, 2006 shall contain a statement
3that a support obligation required under the order, or any
4portion of a support obligation required under the order, that
5becomes due and remains unpaid as of the end of each month,
6excluding the child support that was due for that month to the
7extent that it was not paid in that month, shall accrue simple
8interest as set forth in Section 12-109 of the Code of Civil
9Procedure. Failure to include the statement in the order for
10support does not affect the validity of the order or the
11accrual of interest as provided in this Section.
12    (c) A one-time charge of 20% is imposable upon the amount
13of past-due child support owed on July 1, 1988 which has
14accrued under a support order entered by the court. The charge
15shall be imposed in accordance with the provisions of Section
1610-21 of the Illinois Public Aid Code and shall be enforced by
17the court upon petition.
18    (d) Any new or existing support order entered by the court
19under this Section shall be deemed to be a series of judgments
20against the person obligated to pay support thereunder, each
21such judgment to be in the amount of each payment or
22installment of support and each such judgment to be deemed
23entered as of the date the corresponding payment or installment
24becomes due under the terms of the support order. Each such
25judgment shall have the full force, effect and attributes of
26any other judgment of this State, including the ability to be

 

 

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1enforced. Notwithstanding any other State or local law to the
2contrary, a lien arises by operation of law against the real
3and personal property of the noncustodial parent for each
4installment of overdue support owed by the noncustodial parent.
5    (e) When child support is to be paid through the clerk of
6the court in a county of 1,000,000 inhabitants or less, the
7order shall direct the obligor to pay to the clerk, in addition
8to the child support payments, all fees imposed by the county
9board under paragraph (3) of subsection (u) of Section 27.1 of
10the Clerks of Courts Act. Unless paid in cash or pursuant to an
11order for withholding, the payment of the fee shall be by a
12separate instrument from the support payment and shall be made
13to the order of the Clerk.
14    (f) All orders for support, when entered or modified, shall
15include a provision requiring the obligor to notify the court
16and, in cases in which a party is receiving child and spouse
17services under Article X of the Illinois Public Aid Code, the
18Department of Healthcare and Family Services, within 7 days,
19(i) of the name and address of any new employer of the obligor,
20(ii) whether the obligor has access to health insurance
21coverage through the employer or other group coverage and, if
22so, the policy name and number and the names of persons covered
23under the policy, and (iii) of any new residential or mailing
24address or telephone number of the non-custodial parent. In any
25subsequent action to enforce a support order, upon a sufficient
26showing that a diligent effort has been made to ascertain the

 

 

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1location of the non-custodial parent, service of process or
2provision of notice necessary in the case may be made at the
3last known address of the non-custodial parent in any manner
4expressly provided by the Code of Civil Procedure or this Act,
5which service shall be sufficient for purposes of due process.
6    (g) An order for support shall include a date on which the
7current support obligation terminates. The termination date
8shall be no earlier than the date on which the child covered by
9the order will attain the age of 18. However, if the child will
10not graduate from high school until after attaining the age of
1118, then the termination date shall be no earlier than the
12earlier of the date on which the child's high school graduation
13will occur or the date on which the child will attain the age
14of 19. The order for support shall state that the termination
15date does not apply to any arrearage that may remain unpaid on
16that date. Nothing in this subsection shall be construed to
17prevent the court from modifying the order or terminating the
18order in the event the child is otherwise emancipated.
19    (g-5) If there is an unpaid arrearage or delinquency (as
20those terms are defined in the Income Withholding for Support
21Act) equal to at least one month's support obligation on the
22termination date stated in the order for support or, if there
23is no termination date stated in the order, on the date the
24child attains the age of majority or is otherwise emancipated,
25the periodic amount required to be paid for current support of
26that child immediately prior to that date shall automatically

 

 

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1continue to be an obligation, not as current support but as
2periodic payment toward satisfaction of the unpaid arrearage or
3delinquency. That periodic payment shall be in addition to any
4periodic payment previously required for satisfaction of the
5arrearage or delinquency. The total periodic amount to be paid
6toward satisfaction of the arrearage or delinquency may be
7enforced and collected by any method provided by law for
8enforcement and collection of child support, including but not
9limited to income withholding under the Income Withholding for
10Support Act. Each order for support entered or modified on or
11after the effective date of this amendatory Act of the 93rd
12General Assembly must contain a statement notifying the parties
13of the requirements of this subsection. Failure to include the
14statement in the order for support does not affect the validity
15of the order or the operation of the provisions of this
16subsection with regard to the order. This subsection shall not
17be construed to prevent or affect the establishment or
18modification of an order for support of a minor child or the
19establishment or modification of an order for support of a
20non-minor child or educational expenses under Section 513 of
21this Act.
22    (h) An order entered under this Section shall include a
23provision requiring the obligor to report to the obligee and to
24the clerk of court within 10 days each time the obligor obtains
25new employment, and each time the obligor's employment is
26terminated for any reason. The report shall be in writing and

 

 

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1shall, in the case of new employment, include the name and
2address of the new employer. Failure to report new employment
3or the termination of current employment, if coupled with
4nonpayment of support for a period in excess of 60 days, is
5indirect criminal contempt. For any obligor arrested for
6failure to report new employment bond shall be set in the
7amount of the child support that should have been paid during
8the period of unreported employment. An order entered under
9this Section shall also include a provision requiring the
10obligor and obligee parents to advise each other of a change in
11residence within 5 days of the change except when the court
12finds that the physical, mental, or emotional health of a party
13or that of a child, or both, would be seriously endangered by
14disclosure of the party's address.
15    (i) The court does not lose the powers of contempt,
16driver's license suspension, or other child support
17enforcement mechanisms, including, but not limited to,
18criminal prosecution as set forth in this Act, upon the
19emancipation of the minor child or children.
20(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
2197-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12;
2297-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

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1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.