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

HB0011ham002 98TH GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 3/19/2013

 

 


 

 


 
09800HB0011ham002LRB098 00182 CEL 43341 a

1
AMENDMENT TO HOUSE BILL 11

2    AMENDMENT NO. ______. Amend House Bill 11 by replacing
3everything after the enacting clause with the following:
 
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 about
9any program the public utility has concerning a customer's
10difficulty in paying their utility bill. If a customer contacts
11a public utility concerning the customer's difficulty in paying
12their utility bill, then the public utility shall offer to
13connect a qualifying low-income customer to the Low Income
14Energy Assistance Program managed by the Community and Economic
15Development Association. The public utility shall inform the
16qualifying low-income customer that the Low Income Energy

 

 

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1Assistance Program is designed to assist income-eligible
2households with winter energy services in the form of a
3one-time benefit payment to the public utilities. Each public
4utility shall post information concerning the Low Income Energy
5Assistance Program on its websites and the information shall be
6made available upon a customer's request.
 
7    Section 10. The Pharmacy Practice Act is amended by adding
8Section 26.5 as follows:
 
9    (225 ILCS 85/26.5 new)
10    Sec. 26.5. Unemployed persons. A pharmacy or pharmacist
11that receives federal or State funds may not refuse to dispense
12prescription medication to a person who is receiving
13unemployment benefits. If a person can furnish evidence of the
14receipt of unemployment benefits, then the pharmacy or
15pharmacist is required to give that person his or her
16prescription and provide the person with information about
17prescription assistance programs, such as Rx for Illinois. Upon
18learning that a customer is receiving unemployment benefits and
19providing the customer with information on prescription
20assistance programs, the pharmacy or pharmacist shall not
21refuse to dispense prescription medication for 30 days, giving
22the customer time to sign up for such a program.
 
23    Section 15. The Code of Civil Procedure is amended by

 

 

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1changing Section 15-1508 as follows:
 
2    (735 ILCS 5/15-1508)  (from Ch. 110, par. 15-1508)
3    (Text of Section before amendment by P.A. 97-1164)
4    Sec. 15-1508. Report of Sale and Confirmation of Sale.
5    (a) Report. The person conducting the sale shall promptly
6make a report to the court, which report shall include a copy
7of all receipts and, if any, certificate of sale.
8    (b) Hearing. Upon motion and notice in accordance with
9court rules applicable to motions generally, which motion shall
10not be made prior to sale, the court shall conduct a hearing to
11confirm the sale. Unless the court finds that (i) a notice
12required in accordance with subsection (c) of Section 15-1507
13was not given, (ii) the terms of sale were unconscionable,
14(iii) the sale was conducted fraudulently, or (iv) justice was
15otherwise not done, the court shall then enter an order
16confirming the sale. The confirmation order shall include a
17name, address, and telephone number of the holder of the
18certificate of sale or deed issued pursuant to that certificate
19or, if no certificate or deed was issued, the purchaser, whom a
20municipality or county may contact with concerns about the real
21estate. The confirmation order may also:
22        (1) approve the mortgagee's fees and costs arising
23    between the entry of the judgment of foreclosure and the
24    confirmation hearing, those costs and fees to be allowable
25    to the same extent as provided in the note and mortgage and

 

 

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1    in Section 15-1504;
2        (2) provide for a personal judgment against any party
3    for a deficiency; and
4        (3) determine the priority of the judgments of parties
5    who deferred proving the priority pursuant to subsection
6    (h) of Section 15-1506, but the court shall not defer
7    confirming the sale pending the determination of such
8    priority.
9    (b-5) Notice with respect to residential real estate. With
10respect to residential real estate, the notice required under
11subsection (b) of this Section shall be sent to the mortgagor
12even if the mortgagor has previously been held in default. In
13the event the mortgagor has filed an appearance, the notice
14shall be sent to the address indicated on the appearance. In
15all other cases, the notice shall be sent to the mortgagor at
16the common address of the foreclosed property. The notice shall
17be sent by first class mail. Unless the right to possession has
18been previously terminated by the court, the notice shall
19include the following language in 12-point boldface
20capitalized type:
21
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
22
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
23
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
24
ILLINOIS MORTGAGE FORECLOSURE LAW.
25    (b-10) Notice of confirmation order sent to municipality or
26county. A copy of the confirmation order required under

 

 

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

 

 

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1subsequent sale is subject to the same notice requirement as
2the original sale.
3    (d) Validity of Sale. Except as provided in subsection (c)
4of Section 15-1508, no sale under this Article shall be held
5invalid or be set aside because of any defect in the notice
6thereof or in the publication of the same, or in the
7proceedings of the officer conducting the sale, except upon
8good cause shown in a hearing pursuant to subsection (b) of
9Section 15-1508. At any time after a sale has occurred, any
10party entitled to notice under paragraph (3) of subsection (c)
11of Section 15-1507 may recover from the mortgagee any damages
12caused by the mortgagee's failure to comply with such paragraph
13(3). Any party who recovers damages in a judicial proceeding
14brought under this subsection may also recover from the
15mortgagee the reasonable expenses of litigation, including
16reasonable attorney's fees.
17    (d-5) Making Home Affordable Program. The court that
18entered the judgment shall set aside a sale held pursuant to
19Section 15-1507, upon motion of the mortgagor at any time prior
20to the confirmation of the sale, if the mortgagor proves by a
21preponderance of the evidence that (i) the mortgagor has
22applied for assistance under the Making Home Affordable Program
23established by the United States Department of the Treasury
24pursuant to the Emergency Economic Stabilization Act of 2008,
25as amended by the American Recovery and Reinvestment Act of
262009, and (ii) the mortgaged real estate was sold in material

 

 

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1violation of the program's requirements for proceeding to a
2judicial sale. The provisions of this subsection (d-5), except
3for this sentence, shall become inoperative on January 1, 2014
4for all actions filed under this Article after December 31,
52013, in which the mortgagor did not apply for assistance under
6the Making Home Affordable Program on or before December 31,
72013.
8    (d-10) Illinois Hardest Hit Program. The court that entered
9the judgment shall set aside a sale held pursuant to Section
1015-1507 of this Act, upon motion of the mortgagor at any time
11prior to the confirmation of the sale, if the mortgagor proves
12by a preponderance of the evidence that (i) the mortgagor is
13receiving assistance under the Illinois Hardest Hit Program as
14created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered
15by the Illinois Housing Development Authority pursuant to the
16Illinois Housing Development Act and (ii) the assistance
17received under part (i) of this subsection has enabled the
18mortgagor to reinstate the mortgage pursuant to Section 15-1602
19of this Act and make continuing mortgage payments as available
20under the Illinois Hardest Hit Program to avoid default.
21Nothing in this subsection shall prohibit the mortgagee from
22proceeding in the foreclosure action upon a subsequent default
23of the mortgagor. Except for this sentence, this subsection is
24inoperative on and after January 1, 2017 for all actions filed
25under this Article after December 31, 2016 in which the
26mortgagor did not begin receiving the assistance described in

 

 

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1this subsection under the Illinois Hardest Hit Program on or
2before December 31, 2016.
3    Upon receiving notice of foreclosure, a person receiving
4unemployment benefits may apply to the court requesting that it
5enjoin the foreclosure. The court shall grant the injunction if
6the person can provide evidence that they are receiving such
7benefits. The court may, in its discretion, issue an order
8requiring that the mortgagor apply for assistance from the
9Illinois Hardest Hit Program.
10    (e) Deficiency Judgment. In any order confirming a sale
11pursuant to the judgment of foreclosure, the court shall also
12enter a personal judgment for deficiency against any party (i)
13if otherwise authorized and (ii) to the extent requested in the
14complaint and proven upon presentation of the report of sale in
15accordance with Section 15-1508. Except as otherwise provided
16in this Article, a judgment may be entered for any balance of
17money that may be found due to the plaintiff, over and above
18the proceeds of the sale or sales, and enforcement may be had
19for the collection of such balance, the same as when the
20judgment is solely for the payment of money. Such judgment may
21be entered, or enforcement had, only in cases where personal
22service has been had upon the persons personally liable for the
23mortgage indebtedness, unless they have entered their
24appearance in the foreclosure action.
25    (f) Satisfaction. Upon confirmation of the sale, the
26judgment stands satisfied to the extent of the sale price less

 

 

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

 

 

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1provided an opportunity to be heard in the foreclosure
2proceeding may be sought only by maintaining a proceeding under
3Article 9 of this Code or subsection (h) of Section 15-1701.
4    (h) With respect to mortgaged real estate containing 5 or
5more dwelling units, the order confirming the sale shall also
6provide that (i) the mortgagor shall transfer to the purchaser
7the security deposits, if any, that the mortgagor received to
8secure payment of rent or to compensate for damage to the
9mortgaged real estate from any current occupant of a dwelling
10unit of the mortgaged real estate, as well as any statutory
11interest that has not been paid to the occupant, and (ii) the
12mortgagor shall provide an accounting of the security deposits
13that are transferred, including the name and address of each
14occupant for whom the mortgagor holds the deposit and the
15amount of the deposit and any statutory interest.
16(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
1796-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
188-26-11; 97-1159, eff. 1-29-13.)
 
19    (Text of Section after amendment by P.A. 97-1164)
20    Sec. 15-1508. Report of Sale and Confirmation of Sale.
21    (a) Report. The person conducting the sale shall promptly
22make a report to the court, which report shall include a copy
23of all receipts and, if any, certificate of sale.
24    (b) Hearing. Upon motion and notice in accordance with
25court rules applicable to motions generally, which motion shall

 

 

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

 

 

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1last known address of the mortgagor, which motion shall be made
2prior to the sale and heard by the court at the earliest
3practicable time after conclusion of the sale, and upon the
4posting at the property address of the notice required by
5paragraph (2) of subsection (l) of Section 15-1505.8, the court
6shall enter an order confirming the sale of the abandoned
7residential property, unless the court finds that a reason set
8forth in items (i) through (iv) of subsection (b) of this
9Section exists for not approving the sale, or an order is
10entered pursuant to subsection (h) of Section 15-1505.8. The
11confirmation order also may address the matters identified in
12items (1) through (3) of subsection (b) of this Section. The
13notice required under subsection (b-5) of this Section shall
14not be required.
15    (b-5) Notice with respect to residential real estate. With
16respect to residential real estate, the notice required under
17subsection (b) of this Section shall be sent to the mortgagor
18even if the mortgagor has previously been held in default. In
19the event the mortgagor has filed an appearance, the notice
20shall be sent to the address indicated on the appearance. In
21all other cases, the notice shall be sent to the mortgagor at
22the common address of the foreclosed property. The notice shall
23be sent by first class mail. Unless the right to possession has
24been previously terminated by the court, the notice shall
25include the following language in 12-point boldface
26capitalized type:

 

 

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1
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
2
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
3
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
4
ILLINOIS MORTGAGE FORECLOSURE LAW.
5    (b-10) Notice of confirmation order sent to municipality or
6county. A copy of the confirmation order required under
7subsection (b) shall be sent to the municipality in which the
8foreclosed property is located, or to the county within the
9boundary of which the foreclosed property is located if the
10foreclosed property is located in an unincorporated territory.
11A municipality or county must clearly publish on its website a
12single address to which a copy of the order shall be sent. If a
13municipality or county does not maintain a website, then the
14municipality or county must publicly post in its main office a
15single address to which a copy of the order shall be sent. In
16the event that a municipality or county has not complied with
17the publication requirement in this subsection (b-10), then a
18copy of the order shall be sent by first class mail, postage
19prepaid, to the chairperson of the county board or county clerk
20in the case of a county, to the mayor or city clerk in the case
21of a city, to the president of the board of trustees or village
22clerk in the case of a village, or to the president or town
23clerk in the case of a town.
24    (b-15) Notice of confirmation order sent to known insurers.
25With respect to residential real estate, the party filing the
26complaint shall send a copy of the confirmation order required

 

 

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1under subsection (b) by first class mail, postage prepaid, to
2the last known property insurer of the foreclosed property.
3Failure to send or receive a copy of the order shall not impair
4or abrogate in any way the rights of the mortgagee or purchaser
5or affect the status of the foreclosure proceedings.
6    (c) Failure to Give Notice. If any sale is held without
7compliance with subsection (c) of Section 15-1507 of this
8Article, any party entitled to the notice provided for in
9paragraph (3) of that subsection (c) who was not so notified
10may, by motion supported by affidavit made prior to
11confirmation of such sale, ask the court which entered the
12judgment to set aside the sale. Any such party shall guarantee
13or secure by bond a bid equal to the successful bid at the
14prior sale, unless the party seeking to set aside the sale is
15the mortgagor, the real estate sold at the sale is residential
16real estate, and the mortgagor occupies the residential real
17estate at the time the motion is filed. In that event, no
18guarantee or bond shall be required of the mortgagor. Any
19subsequent sale is subject to the same notice requirement as
20the original sale.
21    (d) Validity of Sale. Except as provided in subsection (c)
22of Section 15-1508, no sale under this Article shall be held
23invalid or be set aside because of any defect in the notice
24thereof or in the publication of the same, or in the
25proceedings of the officer conducting the sale, except upon
26good cause shown in a hearing pursuant to subsection (b) of

 

 

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1Section 15-1508. At any time after a sale has occurred, any
2party entitled to notice under paragraph (3) of subsection (c)
3of Section 15-1507 may recover from the mortgagee any damages
4caused by the mortgagee's failure to comply with such paragraph
5(3). Any party who recovers damages in a judicial proceeding
6brought under this subsection may also recover from the
7mortgagee the reasonable expenses of litigation, including
8reasonable attorney's fees.
9    (d-5) Making Home Affordable Program. The court that
10entered the judgment shall set aside a sale held pursuant to
11Section 15-1507, upon motion of the mortgagor at any time prior
12to the confirmation of the sale, if the mortgagor proves by a
13preponderance of the evidence that (i) the mortgagor has
14applied for assistance under the Making Home Affordable Program
15established by the United States Department of the Treasury
16pursuant to the Emergency Economic Stabilization Act of 2008,
17as amended by the American Recovery and Reinvestment Act of
182009, and (ii) the mortgaged real estate was sold in material
19violation of the program's requirements for proceeding to a
20judicial sale. The provisions of this subsection (d-5), except
21for this sentence, shall become inoperative on January 1, 2014
22for all actions filed under this Article after December 31,
232013, in which the mortgagor did not apply for assistance under
24the Making Home Affordable Program on or before December 31,
252013.
26    (d-10) Illinois Hardest Hit Program. The court that entered

 

 

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1the judgment shall set aside a sale held pursuant to Section
215-1507 of this Act, upon motion of the mortgagor at any time
3prior to the confirmation of the sale, if the mortgagor proves
4by a preponderance of the evidence that (i) the mortgagor is
5receiving assistance under the Illinois Hardest Hit Program as
6created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered
7by the Illinois Housing Development Authority pursuant to the
8Illinois Housing Development Act and (ii) the assistance
9received under part (i) of this subsection has enabled the
10mortgagor to reinstate the mortgage pursuant to Section 15-1602
11of this Act and make continuing mortgage payments as available
12under the Illinois Hardest Hit Program to avoid default.
13Nothing in this subsection shall prohibit the mortgagee from
14proceeding in the foreclosure action upon a subsequent default
15of the mortgagor. Except for this sentence, this subsection is
16inoperative on and after January 1, 2017 for all actions filed
17under this Article after December 31, 2016 in which the
18mortgagor did not begin receiving the assistance described in
19this subsection under the Illinois Hardest Hit Program on or
20before December 31, 2016.
21    Upon receiving notice of foreclosure, a person receiving
22unemployment benefits may apply to the court requesting that it
23enjoin the foreclosure. The court shall grant the injunction if
24the person can provide evidence that they are receiving such
25benefits. The court may, in its discretion, issue an order
26requiring that the mortgagor apply for assistance from the

 

 

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

 

 

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

 

 

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1mortgaged real estate from any current occupant of a dwelling
2unit of the mortgaged real estate, as well as any statutory
3interest that has not been paid to the occupant, and (ii) the
4mortgagor shall provide an accounting of the security deposits
5that are transferred, including the name and address of each
6occupant for whom the mortgagor holds the deposit and the
7amount of the deposit and any statutory interest.
8(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
996-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
108-26-11; 97-1159, eff. 1-29-13; 97-1164, eff. 6-1-13; revised
112-22-13.)
 
12    Section 20. The Illinois Marriage and Dissolution of
13Marriage Act is amended by changing Section 505 as follows:
 
14    (750 ILCS 5/505)  (from Ch. 40, par. 505)
15    Sec. 505. Child support; contempt; penalties.
16    (a) In a proceeding for dissolution of marriage, legal
17separation, declaration of invalidity of marriage, a
18proceeding for child support following dissolution of the
19marriage by a court that lacked personal jurisdiction over the
20absent spouse, a proceeding for modification of a previous
21order for child support under Section 510 of this Act, or any
22proceeding authorized under Section 501 or 601 of this Act, the
23court may order either or both parents owing a duty of support
24to a child of the marriage to pay an amount reasonable and

 

 

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1necessary for the support of the child, without regard to
2marital misconduct. The duty of support owed to a child
3includes the obligation to provide for the reasonable and
4necessary educational, physical, mental and emotional health
5needs of the child. For purposes of this Section, the term
6"child" shall include any child under age 18 and any child
7under age 19 who is still attending high school.
8        (1) The Court shall determine the minimum amount of
9    support by using the following guidelines:
10Number of ChildrenPercent of Supporting Party's
11Net Income
12120%
13228%
14332%
15440%
16545%
176 or more50%
18        (2) The above guidelines shall be applied in each case
19    unless the court finds that a deviation from the guidelines
20    is appropriate after considering the best interest of the
21    child in light of the evidence, including, but not limited
22    to, one or more of the following relevant factors:
23            (a) the financial resources and needs of the child;
24            (b) the financial resources and needs of the
25        custodial parent;
26            (c) the standard of living the child would have

 

 

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1        enjoyed had the marriage not been dissolved;
2            (d) the physical, mental, and emotional needs of
3        the child;
4            (d-5) the educational needs of the child; and
5            (e) the financial resources and needs of the
6        non-custodial parent.
7        If the court deviates from the guidelines, the court's
8    finding shall state the amount of support that would have
9    been required under the guidelines, if determinable. The
10    court shall include the reason or reasons for the variance
11    from the guidelines.
12        (2.5) The court, in its discretion, in addition to
13    setting child support pursuant to the guidelines and
14    factors, may order either or both parents owing a duty of
15    support to a child of the marriage to contribute to the
16    following expenses, if determined by the court to be
17    reasonable:
18            (a) health needs not covered by insurance;
19            (b) child care;
20            (c) education; and
21            (d) extracurricular activities.
22        (3) "Net income" is defined as the total of all income
23    from all sources, minus the following deductions:
24            (a) Federal income tax (properly calculated
25        withholding or estimated payments);
26            (b) State income tax (properly calculated

 

 

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1        withholding or estimated payments);
2            (c) Social Security (FICA payments);
3            (d) Mandatory retirement contributions required by
4        law or as a condition of employment;
5            (e) Union dues;
6            (f) Dependent and individual
7        health/hospitalization insurance premiums and premiums
8        for life insurance ordered by the court to reasonably
9        secure payment of ordered child support;
10            (g) Prior obligations of support or maintenance
11        actually paid pursuant to a court order;
12            (h) Expenditures for repayment of debts that
13        represent reasonable and necessary expenses for the
14        production of income, medical expenditures necessary
15        to preserve life or health, reasonable expenditures
16        for the benefit of the child and the other parent,
17        exclusive of gifts. The court shall reduce net income
18        in determining the minimum amount of support to be
19        ordered only for the period that such payments are due
20        and shall enter an order containing provisions for its
21        self-executing modification upon termination of such
22        payment period;
23            (i) Foster care payments paid by the Department of
24        Children and Family Services for providing licensed
25        foster care to a foster child.
26        (4) In cases where the court order provides for

 

 

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1    health/hospitalization insurance coverage pursuant to
2    Section 505.2 of this Act, the premiums for that insurance,
3    or that portion of the premiums for which the supporting
4    party is responsible in the case of insurance provided
5    through an employer's health insurance plan where the
6    employer pays a portion of the premiums, shall be
7    subtracted from net income in determining the minimum
8    amount of support to be ordered.
9        (4.5) In a proceeding for child support following
10    dissolution of the marriage by a court that lacked personal
11    jurisdiction over the absent spouse, and in which the court
12    is requiring payment of support for the period before the
13    date an order for current support is entered, there is a
14    rebuttable presumption that the supporting party's net
15    income for the prior period was the same as his or her net
16    income at the time the order for current support is
17    entered.
18        (5) If the net income cannot be determined because of
19    default or any other reason, the court shall order support
20    in an amount considered reasonable in the particular case.
21    The final order in all cases shall state the support level
22    in dollar amounts. However, if the court finds that the
23    child support amount cannot be expressed exclusively as a
24    dollar amount because all or a portion of the payor's net
25    income is uncertain as to source, time of payment, or
26    amount, the court may order a percentage amount of support

 

 

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1    in addition to a specific dollar amount and enter such
2    other orders as may be necessary to determine and enforce,
3    on a timely basis, the applicable support ordered.
4        (6) If (i) the non-custodial parent was properly served
5    with a request for discovery of financial information
6    relating to the non-custodial parent's ability to provide
7    child support, (ii) the non-custodial parent failed to
8    comply with the request, despite having been ordered to do
9    so by the court, and (iii) the non-custodial parent is not
10    present at the hearing to determine support despite having
11    received proper notice, then any relevant financial
12    information concerning the non-custodial parent's ability
13    to provide child support that was obtained pursuant to
14    subpoena and proper notice shall be admitted into evidence
15    without the need to establish any further foundation for
16    its admission.
17    (a-5) In an action to enforce an order for support based on
18the respondent's failure to make support payments as required
19by the order, notice of proceedings to hold the respondent in
20contempt for that failure may be served on the respondent by
21personal service or by regular mail addressed to the
22respondent's last known address. The respondent's last known
23address may be determined from records of the clerk of the
24court, from the Federal Case Registry of Child Support Orders,
25or by any other reasonable means.
26    (b) Failure of either parent to comply with an order to pay

 

 

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1support shall be punishable as in other cases of contempt. In
2addition to other penalties provided by law the Court may,
3after finding the parent guilty of contempt, order that the
4parent be:
5        (1) placed on probation with such conditions of
6    probation as the Court deems advisable;
7        (2) sentenced to periodic imprisonment for a period not
8    to exceed 6 months; provided, however, that the Court may
9    permit the parent to be released for periods of time during
10    the day or night to:
11            (A) work; or
12            (B) conduct a business or other self-employed
13        occupation.
14    The Court may further order any part or all of the earnings
15of a parent during a sentence of periodic imprisonment paid to
16the Clerk of the Circuit Court or to the parent having custody
17or to the guardian having custody of the children of the
18sentenced parent for the support of said children until further
19order of the Court.
20    If either parent fails to pay support due to unemployment,
21then the court may not fine or sentence the parent to periodic
22imprisonment.
23    If a parent who is found guilty of contempt for failure to
24comply with an order to pay support is a person who conducts a
25business or who is self-employed, the court in addition to
26other penalties provided by law may order that the parent do

 

 

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1one or more of the following: (i) provide to the court monthly
2financial statements showing income and expenses from the
3business or the self-employment; (ii) seek employment and
4report periodically to the court with a diary, listing, or
5other memorandum of his or her employment search efforts; or
6(iii) report to the Department of Employment Security for job
7search services to find employment that will be subject to
8withholding for child support.
9    If there is a unity of interest and ownership sufficient to
10render no financial separation between a non-custodial parent
11and another person or persons or business entity, the court may
12pierce the ownership veil of the person, persons, or business
13entity to discover assets of the non-custodial parent held in
14the name of that person, those persons, or that business
15entity. The following circumstances are sufficient to
16authorize a court to order discovery of the assets of a person,
17persons, or business entity and to compel the application of
18any discovered assets toward payment on the judgment for
19support:
20        (1) the non-custodial parent and the person, persons,
21    or business entity maintain records together.
22        (2) the non-custodial parent and the person, persons,
23    or business entity fail to maintain an arm's length
24    relationship between themselves with regard to any assets.
25        (3) the non-custodial parent transfers assets to the
26    person, persons, or business entity with the intent to

 

 

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1    perpetrate a fraud on the custodial parent.
2    With respect to assets which are real property, no order
3entered under this paragraph shall affect the rights of bona
4fide purchasers, mortgagees, judgment creditors, or other lien
5holders who acquire their interests in the property prior to
6the time a notice of lis pendens pursuant to the Code of Civil
7Procedure or a copy of the order is placed of record in the
8office of the recorder of deeds for the county in which the
9real property is located.
10    The court may also order in cases where the parent is 90
11days or more delinquent in payment of support or has been
12adjudicated in arrears in an amount equal to 90 days obligation
13or more, that the parent's Illinois driving privileges be
14suspended until the court determines that the parent is in
15compliance with the order of support. The court may also order
16that the parent be issued a family financial responsibility
17driving permit that would allow limited driving privileges for
18employment and medical purposes in accordance with Section
197-702.1 of the Illinois Vehicle Code. The clerk of the circuit
20court shall certify the order suspending the driving privileges
21of the parent or granting the issuance of a family financial
22responsibility driving permit to the Secretary of State on
23forms prescribed by the Secretary. Upon receipt of the
24authenticated documents, the Secretary of State shall suspend
25the parent's driving privileges until further order of the
26court and shall, if ordered by the court, subject to the

 

 

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1provisions of Section 7-702.1 of the Illinois Vehicle Code,
2issue a family financial responsibility driving permit to the
3parent.
4    In addition to the penalties or punishment that may be
5imposed under this Section, any person whose conduct
6constitutes a violation of Section 15 of the Non-Support
7Punishment Act may be prosecuted under that Act, and a person
8convicted under that Act may be sentenced in accordance with
9that Act. The sentence may include but need not be limited to a
10requirement that the person perform community service under
11Section 50 of that Act or participate in a work alternative
12program under Section 50 of that Act. A person may not be
13required to participate in a work alternative program under
14Section 50 of that Act if the person is currently participating
15in a work program pursuant to Section 505.1 of this Act.
16    A support obligation, or any portion of a support
17obligation, which becomes due and remains unpaid as of the end
18of each month, excluding the child support that was due for
19that month to the extent that it was not paid in that month,
20shall accrue simple interest as set forth in Section 12-109 of
21the Code of Civil Procedure. An order for support entered or
22modified on or after January 1, 2006 shall contain a statement
23that a support obligation required under the order, or any
24portion of a support obligation required under the order, that
25becomes due and remains unpaid as of the end of each month,
26excluding the child support that was due for that month to the

 

 

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1extent that it was not paid in that month, shall accrue simple
2interest as set forth in Section 12-109 of the Code of Civil
3Procedure. Failure to include the statement in the order for
4support does not affect the validity of the order or the
5accrual of interest as provided in this Section.
6    (c) A one-time charge of 20% is imposable upon the amount
7of past-due child support owed on July 1, 1988 which has
8accrued under a support order entered by the court. The charge
9shall be imposed in accordance with the provisions of Section
1010-21 of the Illinois Public Aid Code and shall be enforced by
11the court upon petition.
12    (d) Any new or existing support order entered by the court
13under this Section shall be deemed to be a series of judgments
14against the person obligated to pay support thereunder, each
15such judgment to be in the amount of each payment or
16installment of support and each such judgment to be deemed
17entered as of the date the corresponding payment or installment
18becomes due under the terms of the support order. Each such
19judgment shall have the full force, effect and attributes of
20any other judgment of this State, including the ability to be
21enforced. Notwithstanding any other State or local law to the
22contrary, a lien arises by operation of law against the real
23and personal property of the noncustodial parent for each
24installment of overdue support owed by the noncustodial parent.
25    (e) When child support is to be paid through the clerk of
26the court in a county of 1,000,000 inhabitants or less, the

 

 

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1order shall direct the obligor to pay to the clerk, in addition
2to the child support payments, all fees imposed by the county
3board under paragraph (3) of subsection (u) of Section 27.1 of
4the Clerks of Courts Act. Unless paid in cash or pursuant to an
5order for withholding, the payment of the fee shall be by a
6separate instrument from the support payment and shall be made
7to the order of the Clerk.
8    (f) All orders for support, when entered or modified, shall
9include a provision requiring the obligor to notify the court
10and, in cases in which a party is receiving child and spouse
11services under Article X of the Illinois Public Aid Code, the
12Department of Healthcare and Family Services, within 7 days,
13(i) of the name and address of any new employer of the obligor,
14(ii) whether the obligor has access to health insurance
15coverage through the employer or other group coverage and, if
16so, the policy name and number and the names of persons covered
17under the policy, and (iii) of any new residential or mailing
18address or telephone number of the non-custodial parent. In any
19subsequent action to enforce a support order, upon a sufficient
20showing that a diligent effort has been made to ascertain the
21location of the non-custodial parent, service of process or
22provision of notice necessary in the case may be made at the
23last known address of the non-custodial parent in any manner
24expressly provided by the Code of Civil Procedure or this Act,
25which service shall be sufficient for purposes of due process.
26    (g) An order for support shall include a date on which the

 

 

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1current support obligation terminates. The termination date
2shall be no earlier than the date on which the child covered by
3the order will attain the age of 18. However, if the child will
4not graduate from high school until after attaining the age of
518, then the termination date shall be no earlier than the
6earlier of the date on which the child's high school graduation
7will occur or the date on which the child will attain the age
8of 19. The order for support shall state that the termination
9date does not apply to any arrearage that may remain unpaid on
10that date. Nothing in this subsection shall be construed to
11prevent the court from modifying the order or terminating the
12order in the event the child is otherwise emancipated.
13    (g-5) If there is an unpaid arrearage or delinquency (as
14those terms are defined in the Income Withholding for Support
15Act) equal to at least one month's support obligation on the
16termination date stated in the order for support or, if there
17is no termination date stated in the order, on the date the
18child attains the age of majority or is otherwise emancipated,
19the periodic amount required to be paid for current support of
20that child immediately prior to that date shall automatically
21continue to be an obligation, not as current support but as
22periodic payment toward satisfaction of the unpaid arrearage or
23delinquency. That periodic payment shall be in addition to any
24periodic payment previously required for satisfaction of the
25arrearage or delinquency. The total periodic amount to be paid
26toward satisfaction of the arrearage or delinquency may be

 

 

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1enforced and collected by any method provided by law for
2enforcement and collection of child support, including but not
3limited to income withholding under the Income Withholding for
4Support Act. Each order for support entered or modified on or
5after the effective date of this amendatory Act of the 93rd
6General Assembly must contain a statement notifying the parties
7of the requirements of this subsection. Failure to include the
8statement in the order for support does not affect the validity
9of the order or the operation of the provisions of this
10subsection with regard to the order. This subsection shall not
11be construed to prevent or affect the establishment or
12modification of an order for support of a minor child or the
13establishment or modification of an order for support of a
14non-minor child or educational expenses under Section 513 of
15this Act.
16    (h) An order entered under this Section shall include a
17provision requiring the obligor to report to the obligee and to
18the clerk of court within 10 days each time the obligor obtains
19new employment, and each time the obligor's employment is
20terminated for any reason. The report shall be in writing and
21shall, in the case of new employment, include the name and
22address of the new employer. Failure to report new employment
23or the termination of current employment, if coupled with
24nonpayment of support for a period in excess of 60 days, is
25indirect criminal contempt. For any obligor arrested for
26failure to report new employment bond shall be set in the

 

 

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1amount of the child support that should have been paid during
2the period of unreported employment. An order entered under
3this Section shall also include a provision requiring the
4obligor and obligee parents to advise each other of a change in
5residence within 5 days of the change except when the court
6finds that the physical, mental, or emotional health of a party
7or that of a child, or both, would be seriously endangered by
8disclosure of the party's address.
9    (i) The court does not lose the powers of contempt,
10driver's license suspension, or other child support
11enforcement mechanisms, including, but not limited to,
12criminal prosecution as set forth in this Act, upon the
13emancipation of the minor child or children.
14(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
1597-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12;
1697-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
 
17    Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.
 
24    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".