Judiciary I - Civil Law Committee
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 619
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2 | AMENDMENT NO. ______. Amend House Bill 619 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Income Withholding for Support Act is | ||||||
5 | amended by changing Section 50 as follows:
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6 | (750 ILCS 28/50)
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7 | Sec. 50. Penalties.
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8 | (a) Where a payor wilfully fails to withhold or pay
over | ||||||
9 | income pursuant to a properly served income withholding notice, | ||||||
10 | or
wilfully discharges,
disciplines, refuses to hire or | ||||||
11 | otherwise penalizes an obligor as
prohibited by Section 40, or | ||||||
12 | otherwise fails to comply with any
duties
imposed by this Act, | ||||||
13 | the obligee, public office or obligor, as
appropriate, may file | ||||||
14 | a complaint with the court against the payor. The
Clerk of the | ||||||
15 | Circuit Court shall notify the obligee or public office, as
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16 | appropriate, and the obligor and payor of the time and place of |
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1 | the hearing
on the complaint. The court shall resolve any | ||||||
2 | factual dispute including,
but not limited to, a denial that | ||||||
3 | the payor is paying or has paid income to
the obligor. Upon a | ||||||
4 | finding in favor of the complaining party, the court:
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5 | (1) shall enter judgment and direct the enforcement | ||||||
6 | thereof for
the total amount that the payor wilfully failed | ||||||
7 | to withhold or pay over; and
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8 | (2) may order employment or reinstatement of or | ||||||
9 | restitution to the
obligor, or both, where the obligor has | ||||||
10 | been discharged, disciplined,
denied employment or | ||||||
11 | otherwise penalized by the payor and may impose a fine
upon | ||||||
12 | the payor not to exceed $200.
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13 | (b) Any obligee, public office or obligor who wilfully | ||||||
14 | initiates a false
proceeding under this Act or who wilfully | ||||||
15 | fails to comply with
the
requirements of this Act shall be | ||||||
16 | punished as in cases of
contempt
of court.
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17 | (c) Any officer or employee of any payor subject to the | ||||||
18 | provisions of this Act who has the control, supervision, or | ||||||
19 | responsibility for withholding and paying over income pursuant | ||||||
20 | to an income withholding notice properly served on the payor | ||||||
21 | and who wilfully fails to withhold or pay over income as | ||||||
22 | required under the income withholding notice shall be | ||||||
23 | personally liable for a penalty equal to the total amount that | ||||||
24 | was not withheld or paid over by the payor. The personal | ||||||
25 | liability imposed by this subsection shall survive the | ||||||
26 | dissolution of a partnership, limited liability company, or |
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1 | corporation. For the purposes of this subsection, "officer or | ||||||
2 | employee of any payor" includes a partner of a partnership, a | ||||||
3 | manager or member of a limited liability corporation, and a | ||||||
4 | member of a registered limited liability partnership.
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5 | (Source: P.A. 90-673, eff. 1-1-99.)".
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