Full Text of HB0733 95th General Assembly
HB0733 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0733
Introduced 2/7/2007, by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED: |
|
205 ILCS 5/48.4 |
|
305 ILCS 5/10-25.5 |
|
|
Amends the Illinois Banking Act. Makes technical changes in a Section concerning the enforcement of child support. Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning administrative liens and levies on personal property for past-due child support.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB0733 |
|
LRB095 04045 MJR 24083 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Banking Act is amended by changing | 5 |
| Section 48.4 as follows:
| 6 |
| (205 ILCS 5/48.4)
| 7 |
| Sec. 48.4. Enforcement of child support. | 8 |
| (a) Any bank
governed by this Act shall encumber or | 9 |
| surrender accounts or assets held by the
the
bank on behalf of | 10 |
| any responsible relative who is subject to a child support
| 11 |
| lien, upon notice of the lien or levy of the Department of | 12 |
| Healthcare and Family Services (formerly Illinois Department | 13 |
| of Public Aid )
or its successor agency pursuant to Section | 14 |
| 10-25.5 of the Illinois Public Aid
Code, or upon notice of | 15 |
| interstate lien or levy from any other state's
agency
| 16 |
| responsible for implementing the child support enforcement | 17 |
| program set forth in
Title IV, Part D of the Social Security | 18 |
| Act.
| 19 |
| (b) Within 90 days after receiving notice from the | 20 |
| Department of Healthcare and Family Services (formerly
| 21 |
| Department of Public Aid ) that the Department has adopted a | 22 |
| child support enforcement debit authorization form as required | 23 |
| under the Illinois Public Aid Code, each bank governed by this |
|
|
|
HB0733 |
- 2 - |
LRB095 04045 MJR 24083 b |
|
| 1 |
| Act shall take all appropriate steps to implement the use of | 2 |
| the form in relation to accounts held by the bank. Upon | 3 |
| receiving from the Department of Healthcare and Family Services | 4 |
| (formerly Department of Public Aid ) a copy of a child support | 5 |
| enforcement debit authorization form signed by an obligor, a | 6 |
| bank holding an account on behalf of the obligor shall debit | 7 |
| the account and transfer the debited amounts to the State | 8 |
| Disbursement Unit according to the instructions in the child | 9 |
| support enforcement debit authorization form.
| 10 |
| (Source: P.A. 92-811, eff. 8-21-02; 93-736, eff. 7-14-04; | 11 |
| revised 12-15-05.)
| 12 |
| Section 10. The Illinois Public Aid Code is amended by | 13 |
| changing Section 10-25.5 as follows:
| 14 |
| (305 ILCS 5/10-25.5)
| 15 |
| Sec. 10-25.5. Administrative liens and levies on personal | 16 |
| property for
past-due child support.
| 17 |
| (a) The State shall have a
a lien on all legal and | 18 |
| equitable interests of
responsible relatives in their personal | 19 |
| property, including any account in a
financial institution as | 20 |
| defined
in Section 10-24, or in the case of an insurance | 21 |
| company or benefit association
only in accounts as defined in | 22 |
| Section 10-24, in the amount of past-due child
support owing | 23 |
| pursuant to an order
for child support entered under Sections | 24 |
| 10-10 and 10-11 of this Code, or under
the Illinois Marriage |
|
|
|
HB0733 |
- 3 - |
LRB095 04045 MJR 24083 b |
|
| 1 |
| and Dissolution of Marriage Act, the Non-Support of
Spouse and | 2 |
| Children Act, the Non-Support Punishment Act, the Uniform
| 3 |
| Interstate Family Support Act, or the
Illinois Parentage Act of | 4 |
| 1984.
| 5 |
| (b) The Illinois Department shall provide by rule for | 6 |
| notice to and an
opportunity to be heard by each responsible | 7 |
| relative affected, and any final
administrative decision | 8 |
| rendered by the Illinois Department shall be reviewed
only | 9 |
| under
and in accordance with the Administrative Review Law.
| 10 |
| (c) When enforcing a lien under subsection (a) of this | 11 |
| Section, the
Illinois Department shall have the authority to | 12 |
| execute notices of
administrative liens and levies, which shall | 13 |
| contain the name and address of
the responsible relative, a | 14 |
| description of the property
to be levied, the fact that a lien
| 15 |
| is being claimed for past-due child support, and such other | 16 |
| information as the
Illinois Department may by rule prescribe. | 17 |
| The Illinois Department may
serve the notice of lien or levy | 18 |
| upon any financial institution where
the accounts as defined in | 19 |
| Section 10-24 of the responsible relative may be
held, for | 20 |
| encumbrance or surrender of the accounts as defined in Section | 21 |
| 10-24
by the financial institution.
| 22 |
| (d) The Illinois Department shall enforce its lien against | 23 |
| the responsible
relative's personal property, other than | 24 |
| accounts as defined in Section 10-24
in financial institutions,
| 25 |
| and
levy upon such personal property in the manner provided for | 26 |
| enforcement of
judgments contained in Article XII of the Code |
|
|
|
HB0733 |
- 4 - |
LRB095 04045 MJR 24083 b |
|
| 1 |
| of Civil Procedure.
| 2 |
| (e) The Illinois Department shall not be required to | 3 |
| furnish bond or make a
deposit for or pay any costs or fees of | 4 |
| any court or officer thereof in any
legal proceeding involving | 5 |
| the lien.
| 6 |
| (f) To protect the lien of the State for past-due child | 7 |
| support, the
Illinois Department may, from funds that are | 8 |
| available for that purpose, pay
or provide for the payment of | 9 |
| necessary or essential repairs, purchase tax
certificates, or | 10 |
| pay or cause to be
satisfied any prior liens on the property to | 11 |
| which the lien hereunder applies.
| 12 |
| (g) A lien on personal property under this Section shall be | 13 |
| released
in the manner provided under Article XII
of the Code | 14 |
| of Civil Procedure.
Notwithstanding the foregoing, a lien under | 15 |
| this Section on accounts as defined
in Section 10-24 shall | 16 |
| expire upon the passage of 120 days from the date of
issuance | 17 |
| of the Notice of Lien or Levy by the Illinois Department. | 18 |
| However,
the lien
shall remain in effect during the pendency of | 19 |
| any appeal or protest.
| 20 |
| (h) A lien created under this Section is subordinate to any | 21 |
| prior lien of
the financial institution or any prior lien | 22 |
| holder or any prior right of
set-off that the financial | 23 |
| institution may have against the assets, or in the
case of an | 24 |
| insurance company or benefit association only in the accounts | 25 |
| as
defined in Section 10-24.
| 26 |
| (i) A financial institution has no obligation under this |
|
|
|
HB0733 |
- 5 - |
LRB095 04045 MJR 24083 b |
|
| 1 |
| Section to hold,
encumber, or surrender the assets, or in the | 2 |
| case of an insurance company or
benefit association only the | 3 |
| accounts as defined in Section 10-24, until the
financial
| 4 |
| institution has been properly served with a subpoena, summons, | 5 |
| warrant,
court or administrative order, or administrative lien | 6 |
| and levy requiring that
action.
| 7 |
| (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
|
|