100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5485

 

Introduced , by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/12-803  from Ch. 110, par. 12-803

    Amends the Code of Civil Procedure. Provides that the wages, salary, commissions, and bonuses subject to collection under a deduction order, for any work week, shall be the lesser of: (1) 10% (currently 15%) of such gross amount paid for that week; or (2) the amount by which disposable earnings for a week exceed 60 (currently 45) times the statutory minimum wage in effect at the time the amounts are payable. Provides that "deduction from those earnings" includes, but is not limited to, deductions for health insurance, deductions for transportation, and pre-tax flexible spending deductions. Effective immediately.


LRB100 20524 HEP 35909 b

 

 

A BILL FOR

 

HB5485LRB100 20524 HEP 35909 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 12-803 as follows:
 
6    (735 ILCS 5/12-803)  (from Ch. 110, par. 12-803)
7    Sec. 12-803. Wages subject to collection.
8    (a) The wages, salary, commissions, and bonuses subject to
9collection under a deduction order, for any work week, shall be
10the lesser of:
11        (1) 10% lesser of (1) 15% of such gross amount paid for
12    that week; or
13        (2) the amount by which disposable earnings for a week
14    exceed 60 45 times the Federal Minimum Hourly Wage
15    prescribed by Section 206(a)(1) of Title 29 of the United
16    States Code, as amended, or, under a wage deduction summons
17    served on or after January 1, 2006, the minimum hourly wage
18    prescribed by Section 4 of the Minimum Wage Law, whichever
19    is greater, in effect at the time the amounts are payable.
20    (b) This Section provision (and no other) applies
21irrespective of the place where the compensation was earned or
22payable and the State where the employee resides. No amounts
23required by law to be withheld may be taken from the amount

 

 

HB5485- 2 -LRB100 20524 HEP 35909 b

1collected by the creditor. The term "disposable earnings" means
2that part of the earnings of any individual remaining after the
3deduction from those earnings of any amounts required by law to
4be withheld. "Deduction from those earnings" includes, but is
5not limited to, deductions for health insurance, deductions for
6transportation, and pre-tax flexible spending deductions.
7(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.