Rep. Cynthia Soto
Filed: 3/19/2004
 
 

 




 

 		












09300HB4310ham001

LRB093 18967 DRJ 48566 a






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AMENDMENT TO HOUSE BILL 4310 




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    AMENDMENT NO. ______. Amend House Bill 4310 on page 1, line 
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18, by replacing "30" with "90"; and

 
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on page 2, line 15, by replacing "30" with "90"; and
 
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on page 3, line 11, by replacing "30" with "90"; and
 
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on page 4, lines 5 and 34, by replacing "30" each time it 
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appears with "90"; and


 
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on page 5, by replacing lines 19 through 28 with the following:
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    "(a) For purposes of this Section:

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    "Financial institution" and "account" are defined as set 
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forth in Section 10-24.

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    "Payor" is defined as set forth in Section 15 of the Income 
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Withholding for Support Act.

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    "Order for support" means any order for periodic payment of 
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funds to the State Disbursement Unit for the support of a child 
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or, where applicable, for support of a child and a parent with 
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whom the child resides, that is entered or modified under this 
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Code or under the Illinois Marriage and Dissolution of Marriage 
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Act, the Non-Support of Spouse and Children Act, the 
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Non-Support Punishment Act, or the Illinois Parentage Act of 
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1984, or that is entered or registered for modification or 
 


 






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enforcement under  the Uniform Interstate Family Support Act.

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    "Obligor" means an individual who owes a duty to make 
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payments under an order for support in a case in which child 
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support enforcement services are being provided under this 
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Article X."; and 
 
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on page 6, by replacing lines 13 through 30 with the following:
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    "(c) An obligor who does not have a payor may sign a child 
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support debit authorization form adopted by the Department 
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under this Section. The obligor may sign a form in relation to 
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any or all of the financial institutions holding an account on 
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the obligor's behalf. Promptly after an obligor signs a child 
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support debit authorization form, the Department shall send the 
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original signed form to the appropriate financial institution. 
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Subject to subsection (e), upon receiving the form, the 
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financial institution shall debit the account and transfer the 
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debited amounts to the State Disbursement Unit according to the 
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instructions in the form. A financial institution that complies 
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with a child support debit authorization form signed by an 
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obligor and issued under this Section shall not be subject to 
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civil liability with respect to any individual or any agency.

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    (d) The signing and issuance of a child support debit 
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authorization form under this Section does not relieve the 
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obligor from responsibility for compliance with any 
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requirement under the order for support.

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    (e) A financial institution is obligated to debit the 
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account of an obligor pursuant to this Section only if or to 
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the extent:

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        (1) the financial institution reasonably believes the 
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debit authorization form is a true and authentic original 
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document;
    
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        (2) there are finally collected funds in the account; 
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and

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        (3) the account is not subject to offsetting claims of 
 


 






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