Full Text of SB0100 96th General Assembly
SB0100eng 96TH GENERAL ASSEMBLY
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SB0100 Engrossed |
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LRB096 03110 AJO 13126 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Income Withholding for Support Act is | 5 |
| amended by changing Section 35 as follows:
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| (750 ILCS 28/35)
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| Sec. 35. Duties of payor.
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| (a) It shall be the duty of any payor who has
been served | 9 |
| with an income withholding notice to deduct and pay over income | 10 |
| as
provided
in
this Section. The payor shall deduct the amount | 11 |
| designated in the
income withholding notice, as supplemented by | 12 |
| any
notice provided pursuant to subsection (f) of Section 45,
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| beginning
no later than the next payment of income which is | 14 |
| payable or creditable to
the obligor
that occurs 14 days | 15 |
| following the date the income withholding notice was
mailed, | 16 |
| sent by facsimile or other electronic
means, or placed for | 17 |
| personal delivery to or service on the
payor. The payor may | 18 |
| combine
all amounts withheld for the benefit of an obligee or | 19 |
| public office into a
single payment and transmit the payment | 20 |
| with a listing of obligors from
whom withholding has been | 21 |
| effected. The payor shall pay the amount withheld
to the State | 22 |
| Disbursement Unit within
7 business days after the date the
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| amount would (but for the duty to withhold income) have been |
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LRB096 03110 AJO 13126 b |
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| paid or credited
to the obligor. If the payor knowingly fails | 2 |
| to withhold the amount designated
in the income
withholding | 3 |
| notice or to pay any amount withheld to the
State
Disbursement | 4 |
| Unit within
7 business days after the date the amount would | 5 |
| have been paid or credited to
the
obligor, then the payor shall | 6 |
| pay a penalty of $100 for each day that the
amount designated | 7 |
| in the income withholding notice (whether or
not withheld by | 8 |
| the payor) is not paid to the State Disbursement Unit after
the | 9 |
| period of
7 business days has expired. The failure of a payor, | 10 |
| on
more than one
occasion, to pay amounts withheld to the State | 11 |
| Disbursement Unit within
7 business days after the date the | 12 |
| amount would have been paid or credited to
the
obligor creates | 13 |
| a
presumption that the payor knowingly failed to pay over the | 14 |
| amounts. This
penalty may be collected in a civil action which | 15 |
| may be brought against the
payor in favor of the obligee or | 16 |
| public office.
A finding of a payor's nonperformance within the | 17 |
| time required under
this Act must be documented by a certified | 18 |
| mail return receipt
or a sheriff's or private process server's | 19 |
| proof of service showing the date
the income withholding notice | 20 |
| was served on the payor.
For purposes of this Act,
a withheld
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| amount shall be considered paid by a payor on the date it is | 22 |
| mailed by the
payor, or on the date an electronic funds | 23 |
| transfer of the amount has been
initiated by the payor, or on | 24 |
| the date delivery of the amount has been
initiated by the | 25 |
| payor. For each deduction, the payor shall provide the
State | 26 |
| Disbursement Unit, at the time of
transmittal, with the date
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LRB096 03110 AJO 13126 b |
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| the amount would (but for the duty to withhold income) have | 2 |
| been paid or
credited to the obligor.
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| After June 30, 2000, every payor that has 250 or more | 4 |
| employees shall use
electronic funds transfer to pay all | 5 |
| amounts withheld under this Section.
During the year
2001 and | 6 |
| during each year thereafter, every payor that has fewer than | 7 |
| 250
employees
and that
withheld income under this Section | 8 |
| pursuant to 10 or more income withholding
notices
during | 9 |
| December of the preceding year shall use electronic funds | 10 |
| transfer to
pay all
amounts withheld under this Section.
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| Upon receipt of an income withholding notice requiring that | 12 |
| a
minor child be named as a
beneficiary of a health insurance | 13 |
| plan available through an employer or labor
union or trade | 14 |
| union, the employer or labor union or trade union shall
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| immediately enroll the minor child as a beneficiary in the | 16 |
| health insurance
plan designated by the income withholding | 17 |
| notice. The
employer shall withhold any required
premiums and | 18 |
| pay over any amounts so withheld and any additional amounts the
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| employer pays to the insurance carrier in a timely manner. The | 20 |
| employer or
labor union or trade union shall mail to the | 21 |
| obligee, within 15 days of
enrollment or upon request, notice | 22 |
| of the date of coverage, information on the
dependent coverage | 23 |
| plan, and all forms necessary to obtain reimbursement for
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| covered health expenses, such as would be made available to a | 25 |
| new employee.
When an order for dependent coverage is in effect | 26 |
| and the insurance coverage is
terminated or changed for any |
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LRB096 03110 AJO 13126 b |
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| reason, the employer or labor union or trade
union shall notify | 2 |
| the obligee within 10 days of the termination or change date
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| along with notice of conversion privileges.
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| For withholding of income, the payor shall be entitled to | 5 |
| receive a fee
not to exceed $5 per month to be taken
from
the | 6 |
| income to be paid to the
obligor.
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| (b) Whenever the obligor is no longer receiving income from | 8 |
| the payor,
the payor shall return a copy of the income | 9 |
| withholding
notice to the obligee
or public office and shall | 10 |
| provide information for the purpose of enforcing
this Act.
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| (c) Withholding of income under this Act shall be made | 12 |
| without
regard
to any prior or subsequent garnishments, | 13 |
| attachments, wage assignments,
or any other claims of | 14 |
| creditors. Withholding of income
under this Act shall not be in | 15 |
| excess of the maximum amounts
permitted under the federal | 16 |
| Consumer Credit Protection Act.
Income available for | 17 |
| withholding shall be applied first to the current
support | 18 |
| obligation, then to any premium required for employer, labor | 19 |
| union, or
trade union-related health insurance coverage | 20 |
| ordered under the order for
support, and then to payments | 21 |
| required on past-due support obligations. If
there is | 22 |
| insufficient available income remaining to pay the full amount | 23 |
| of the
required health insurance premium after withholding of | 24 |
| income for the current
support obligation, then the remaining | 25 |
| available income shall be applied to
payments required on | 26 |
| past-due support obligations.
If the payor has been served with |
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| more than one income
withholding notice
pertaining to the same | 2 |
| obligor, the payor shall allocate income available
for | 3 |
| withholding on a proportionate share basis, giving priority to | 4 |
| current
support payments.
A payor who complies with an income | 5 |
| withholding notice that is
regular on its
face shall not be | 6 |
| subject to civil liability with respect to any individual,
any | 7 |
| agency, or any creditor of the obligor for conduct in | 8 |
| compliance with the
notice.
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| (d) No payor shall discharge, discipline, refuse to hire or | 10 |
| otherwise
penalize any obligor because of the duty to withhold | 11 |
| income.
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| (Source: P.A. 92-590, eff. 7-1-02; 93-294, eff. 1-1-04 .)
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