Bill Status of HB 530   96th General Assembly


Short Description:  CIV PRO-WAGE DEDUCT HARDSHIP

House Sponsors
Rep. Mary E. Flowers and Monique D. Davis

Last Action  View All Actions

DateChamber Action
  3/12/2010HouseTabled Pursuant to Rule 22(g)

Statutes Amended In Order of Appearance
735 ILCS 5/2-1303from Ch. 110, par. 2-1303
735 ILCS 5/12-805from Ch. 110, par. 12-805
735 ILCS 5/12-808from Ch. 110, par. 12-808
735 ILCS 5/12-811from Ch. 110, par. 12-811

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that if the court finds that a judgment debtor is a family supporter and entitled to relief, the court may prospectively reduce the interest rate on a judgment to a rate not lower than 3%, taking into consideration the needs of the judgment debtor's dependents and the judgment debtor's ability to meet those needs. Provides that any party may request a readjustment of a reduced interest rate on a judgment based on a relevant change in circumstances. Provides that a judgment debtor shall be notified that the court may reduce the amount of wages withheld and reduce the rate of interest on the judgment, if the court finds that the judgment debtor is a "family supporter" and the full wage garnishment would result in a denial of necessities to the judgment debtor's dependents who are disabled or under the age of 18. Provides that under the Act, (1) "family supporter" means a person who supports and resides with one or more dependent children under the age of 18 or a dependent disabled person and whose relationship with the dependent child or disabled person is that of parent, stepparent, son, daughter, sibling, uncle, aunt, grandparent, or guardian; and (2) "dependent" means a child under the age of 18 or disabled person who resides with and is supported by the judgment debtor.

House Committee Amendment No. 1
Deletes everything after the enacting clause with provisions substantially similar to those in the bill except that the amendment provides that if the court finds that a judgment debtor is a family supporter, the court may prospectively reduce the amount of wages withheld or reduce the interest rate on a judgment to a rate not lower than 3%, taking into consideration the needs of the judgment debtor's dependent and the judgment debtor's ability to meet those needs. Provides that under the Act, (1) "family supporter" means an individual who actually supports and resides with one or more dependents; and (2) "dependent" means a child under the age of 18 who resides with and is supported by the judgment debtor or a disabled person who resides with and is supported by the judgment debtor and whose relationship with the judgment debtor is that of parent, stepparent, son, daughter, sibling, uncle, aunt, grandparent, or ward. Deletes language making certain changes in the amount subject to collection under a deduction order.

House Committee Amendment No. 2
Deletes everything after the enacting clause with provisions substantially similar to those of the bill as amended by House Amendment No. 1, except: changes "wage garnishment" to "wage deduction"; makes the provisions added by the bill inoperative on and after January 1, 2013; and creates subsections that are operative on and after January 1, 2013 and revert to the law existing before the effective date of the amendatory Act. Effective January 1, 2011.

Actions 
DateChamber Action
  2/4/2009HouseFiled with the Clerk by Rep. Mary E. Flowers
  2/4/2009HouseFirst Reading
  2/4/2009HouseReferred to Rules Committee
  2/9/2009HouseAssigned to Judiciary I - Civil Law Committee
  3/10/2009HouseAdded Co-Sponsor Rep. Monique D. Davis
  3/11/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/11/2009HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/11/2009HouseMotion Do Pass - Lost Judiciary I - Civil Law Committee; 006-007-002
  3/11/2009HouseRemains in Judiciary I - Civil Law Committee
  3/13/2009HouseRule 19(a) / Re-referred to Rules Committee
  2/22/2010HouseAssigned to Judiciary I - Civil Law Committee
  3/10/2010HouseHouse Committee Amendment No. 2 Filed with Clerk by Judiciary I - Civil Law Committee
  3/10/2010HouseHouse Committee Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/10/2010HouseMotion Do Pass as Amended - Lost Judiciary I - Civil Law Committee; 004-007-000
  3/12/2010HouseTabled Pursuant to Rule 22(g)

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